STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
26TH LEGISLATIVE DAY
THURSDAY, MARCH 15, 2001
3:00 O'CLOCK P.M.
NO. 26
[March 15, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 26th Legislative Day Action Page(s) Adjournment........................................ 89 Change of Sponsorship.............................. 22 Correctional Budget & Impact Note Requested........ 7 Correctional Budget & Impact Notes Supplied........ 7 Fiscal Notes Requested............................. 6 Fiscal Notes Supplied.............................. 6 Home Rule Note Requested........................... 6 Judicial Impact Notes Requested.................... 6 Quorum Roll Call................................... 6 State Mandates Impact Notes Requested.............. 6 Bill Number Legislative Action Page(s) HB 0001 Recall............................................. 88 HB 0026 Committee Report................................... 18 HB 0030 Committee Report................................... 16 HB 0047 Committee Report................................... 11 HB 0048 Committee Report................................... 11 HB 0135 Committee Report................................... 7 HB 0166 Committee Report................................... 18 HB 0173 Committee Report................................... 11 HB 0175 Committee Report................................... 11 HB 0184 Second Reading - Amendment/s....................... 31 HB 0220 Committee Report................................... 11 HB 0269 Committee Report................................... 11 HB 0274 Second Reading - Amendment/s....................... 31 HB 0280 Committee Report................................... 11 HB 0294 Committee Report................................... 11 HB 0326 Second Reading..................................... 29 HB 0328 Second Reading - Amendment/s....................... 34 HB 0375 Committee Report................................... 18 HB 0377 Committee Report................................... 14 HB 0390 Committee Report................................... 11 HB 0418 Committee Report................................... 7 HB 0448 Second Reading - Amendment/s....................... 34 HB 0453 Second Reading - Amendment/s....................... 35 HB 0473 Second Reading..................................... 29 HB 0574 Committee Report................................... 11 HB 0604 Second Reading - Amendment/s....................... 36 HB 0618 Committee Report................................... 11 HB 0629 Committee Report................................... 9 HB 0643 Second Reading..................................... 29 HB 0644 Committee Report................................... 16 HB 0677 Second Reading - Amendment/s....................... 36 HB 0714 Committee Report................................... 13 HB 0729 Committee Report................................... 21 HB 0811 Committee Report................................... 14 HB 0829 Committee Report................................... 14 HB 0875 Second Reading - Amendment/s....................... 37 HB 0904 Committee Report................................... 8 HB 0913 Committee Report................................... 16 HB 0919 Committee Report................................... 11 HB 0929 Committee Report................................... 14 HB 0977 Committee Report................................... 9 HB 1006 Committee Report................................... 18 HB 1046 Recall............................................. 88 HB 1075 Committee Report................................... 14
3 [March 15, 2001] Bill Number Legislative Action Page(s) HB 1077 Second Reading - Amendment/s....................... 48 HB 1078 Second Reading - Amendment/s....................... 48 HB 1091 Committee Report................................... 22 HB 1092 Committee Report................................... 22 HB 1093 Committee Report................................... 22 HB 1690 Committee Report................................... 11 HB 1691 Committee Report................................... 13 HB 1696 Second Reading - Amendment/s....................... 48 HB 1750 Committee Report................................... 22 HB 1769 Second Reading - Amendment/s....................... 40 HB 1785 Second Reading - Amendment/s....................... 45 HB 1786 Committee Report................................... 21 HB 1804 Second Reading..................................... 29 HB 1815 Committee Report................................... 18 HB 1824 Committee Report................................... 21 HB 1825 Committee Report................................... 18 HB 1855 Committee Report................................... 8 HB 1887 Committee Report................................... 11 HB 1901 Second Reading..................................... 29 HB 1913 Second Reading..................................... 29 HB 1914 Second Reading..................................... 29 HB 1919 Committee Report................................... 16 HB 1926 Second Reading..................................... 29 HB 1927 Committee Report................................... 9 HB 1941 Committee Report................................... 14 HB 1942 Committee Report................................... 14 HB 1945 Committee Report................................... 14 HB 1965 Committee Report................................... 9 HB 1985 Second Reading - Amendment/s....................... 48 HB 2009 Committee Report................................... 14 HB 2011 Committee Report................................... 21 HB 2027 Committee Report................................... 13 HB 2062 Second Reading..................................... 29 HB 2064 Committee Report................................... 11 HB 2100 Second Reading..................................... 29 HB 2108 Committee Report................................... 8 HB 2115 Committee Report................................... 11 HB 2138 Committee Report................................... 14 HB 2147 Committee Report................................... 18 HB 2148 Committee Report................................... 18 HB 2149 Second Reading..................................... 29 HB 2153 Second Reading..................................... 29 HB 2192 Committee Report................................... 16 HB 2193 Committee Report................................... 16 HB 2208 Committee Report................................... 13 HB 2218 Second Reading..................................... 29 HB 2219 Committee Report................................... 18 HB 2230 Second Reading - Amendment/s....................... 49 HB 2233 Second Reading - Amendment/s....................... 49 HB 2235 Second Reading..................................... 29 HB 2246 Committee Report................................... 14 HB 2248 Committee Report................................... 13 HB 2254 Second Reading..................................... 29 HB 2265 Second Reading - Amendment/s....................... 49 HB 2266 Second Reading - Amendment/s....................... 76 HB 2271 Committee Report................................... 18 HB 2281 Committee Report................................... 11 HB 2282 Committee Report................................... 11 HB 2314 Committee Report................................... 14 HB 2333 Committee Report................................... 8 HB 2361 Committee Report................................... 7 HB 2412 Committee Report................................... 11 HB 2426 Committee Report................................... 11 HB 2432 Committee Report................................... 21
[March 15, 2001] 4 Bill Number Legislative Action Page(s) HB 2437 Committee Report................................... 22 HB 2439 Committee Report................................... 11 HB 2463 Committee Report................................... 18 HB 2467 Committee Report................................... 9 HB 2487 Committee Report................................... 16 HB 2492 Committee Report................................... 18 HB 2493 Committee Report................................... 14 HB 2502 Committee Report................................... 9 HB 2511 Committee Report................................... 21 HB 2527 Committee Report................................... 11 HB 2536 Committee Report................................... 18 HB 2548 Committee Report................................... 13 HB 3002 Committee Report................................... 13 HB 3011 Committee Report................................... 16 HB 3017 Committee Report................................... 22 HB 3059 Committee Report................................... 13 HB 3061 Committee Report................................... 13 HB 3070 Committee Report................................... 18 HB 3072 Committee Report................................... 13 HB 3078 Committee Report................................... 14 HB 3090 Committee Report................................... 11 HB 3091 Committee Report................................... 11 HB 3092 Committee Report................................... 11 HB 3097 Committee Report................................... 18 HB 3098 Committee Report................................... 21 HB 3118 Committee Report................................... 22 HB 3119 Committee Report................................... 21 HB 3123 Committee Report................................... 13 HB 3124 Committee Report................................... 11 HB 3127 Committee Report................................... 21 HB 3129 Committee Report................................... 18 HB 3135 Committee Report................................... 13 HB 3137 Committee Report................................... 9 HB 3140 Committee Report................................... 11 HB 3142 Committee Report................................... 11 HB 3157 Committee Report................................... 16 HB 3188 Committee Report................................... 11 HB 3192 Committee Report................................... 22 HB 3194 Committee Report................................... 18 HB 3199 Committee Report................................... 18 HB 3203 Committee Report................................... 9 HB 3209 Committee Report................................... 21 HB 3212 Committee Report................................... 9 HB 3213 Committee Report................................... 11 HB 3216 Committee Report................................... 22 HB 3217 Committee Report................................... 14 HB 3224 Committee Report................................... 14 HB 3231 Committee Report................................... 9 HB 3264 Committee Report................................... 11 HB 3266 Committee Report................................... 14 HB 3267 Committee Report................................... 13 HB 3279 Committee Report................................... 14 HB 3286 Committee Report................................... 11 HB 3299 Committee Report................................... 11 HB 3307 Committee Report................................... 11 HB 3319 Committee Report................................... 9 HB 3321 Committee Report................................... 11 HB 3324 Committee Report................................... 9 HB 3332 Committee Report................................... 11 HB 3335 Committee Report................................... 13 HB 3346 Committee Report................................... 14 HB 3359 Committee Report................................... 21 HB 3373 Committee Report................................... 11 HB 3375 Committee Report................................... 21
5 [March 15, 2001] Bill Number Legislative Action Page(s) HB 3377 Committee Report................................... 13 HB 3387 Committee Report................................... 11 HB 3392 Committee Report................................... 22 HB 3395 Committee Report................................... 16 HB 3400 Committee Report................................... 14 HB 3440 Committee Report................................... 22 HB 3441 Committee Report................................... 22 HB 3505 Committee Report................................... 8 HB 3535 Committee Report................................... 14 HB 3538 Committee Report................................... 13 HB 3540 Committee Report................................... 13 HB 3557 Committee Report................................... 21 HB 3563 Committee Report................................... 21 HB 3564 Committee Report................................... 21 HB 3565 Committee Report................................... 21 HB 3572 Committee Report................................... 21 HB 3574 Committee Report................................... 16 HB 3575 Committee Report................................... 9 HB 3576 Committee Report................................... 14 HB 3577 Committee Report................................... 8 HJR 0002 Committee Report................................... 21 HR 0052 Committee Report................................... 9 HR 0063 Committee Report................................... 9 HR 0120 Resolution......................................... 29 HR 0120 Resolution......................................... 26 HR 0122 Resolution......................................... 30 HR 0122 Resolution......................................... 27 HR 0124 Resolution......................................... 30 HR 0124 Resolution......................................... 28 HR 0126 Resolution......................................... 31 HR 0126 Resolution......................................... 28
[March 15, 2001] 6 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor G.E. Livingston of the New Dimensions Christian Center in Decatur, Illinois. Representative Bellock 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: 116 present. (ROLL CALL 1) By unanimous consent, Representative Stephens was excused from attendance. PERMANENT COMMITTEE ASSIGNMENTS Speaker Madigan appointed the following Democratic Members to serve as permanent Members in the Committee on the Special Committee on Redistricting: REDISTRICTING: Speaker Madigan, Co-Chairperson; Representative Daniels, Co-Chairperson; Representatives Currie, Capparelli, Art Turner, Brunsvold, Granberg, Hannig, Hartke, Lou Jones, Lang and Acevedo. REQUEST FOR FISCAL NOTES Representative Black requested that Fiscal Notes be supplied for HOUSE BILLS 135, 236, 392, 418, 548, as amended, 604, 1765, 2201 and 3084. Representative Cowlishaw requested that Fiscal Notes be supplied for HOUSE BILLS 629, 1927 and 2502, 3137. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 236, 1759, 2155, 2259, 2393, 2534 and 3105, as amended. REQUEST FOR STATE MANDATE IMPACT NOTES Representative Black requested that State Mandates Impact Notes be supplied for HOUSE BILLS 135, 418, 2201 and 3084. Representative Ryder requested that a State Mandates Impact Note be supplied for HOUSE BILL 246. Representative Cowlishaw requested that State Mandates Impact Notes be supplied for HOUSE BILLS 629, 1927, 2502 and 3137. REQUEST FOR JUDICIAL IMPACT NOTES Representative Black requested that Judicial Impact Notes be supplied for HOUSE BILLS 392 and 3084. Representative Cross requested that a Judicial Impact Note be supplied for HOUSE BILL 2411. REQUEST FOR HOME RULE NOTE Representative Black requested that a Home Rule Note be supplied for HOUSE BILL 604.
7 [March 15, 2001] REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE Representative Black requested that a Correctional Budget & Impact Note be supplied for HOUSE BILL 392. CORRECTIONAL BUDGET & IMPACT NOTES SUPPLIED Correctional Budget & Impact Notes have been supplied for HOUSE BILLS 1028, 2290, 2291, 2292, 2295, 2440, 2485 and 3075. REPORT FROM STANDING COMMITTEE Representative Schoenberg, Chairperson, from the Committee on Appropriations - General Services to which the following were referred, action taken on Wednesday, March 14, 2001, 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 135 and 418. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 2361. The committee roll call vote on HOUSE BILL 135 is as follows: 11, Yeas; 5, Nays; 0, Answering Present. Y Schoenberg, Chair N Mathias N Biggins, Spkpn Y May Y Burke Y McKeon Y Fritchey Y Moffitt Y Garrett A Poe Y Jones, John Y Slone, V-Chair Y Kenner N Sommer N Kosel N Tenhouse Y Yarbrough The committee roll call vote on HOUSE BILL 418 is as follows: 11, Yeas; 5, Nays; 1, Answering Present. Y Schoenberg, Chair P Mathias N Biggins, Spkpn Y May Y Burke Y McKeon Y Fritchey Y Moffitt Y Garrett N Poe Y Jones, John Y Slone, V-Chair Y Kenner N Sommer N Kosel N Tenhouse Y Yarbrough The committee roll call vote on HOUSE BILL 2361 is as follows: 9, Yeas; 6, Nays; 1, Answering Present. Y Schoenberg, Chair N Mathias N Biggins, Spkpn Y May Y Burke Y McKeon Y Fritchey N Moffitt Y Garrett A Poe P Jones, John Y Slone, V-Chair Y Kenner N Sommer N Kosel N Tenhouse Y Yarbrough Representative Morrow, Chairperson, from the Committee on Appropriations - Public Safety to which the following were referred, action taken on Wednesday, March 14, 2001, and reported the same back with the following recommendations:
[March 15, 2001] 8 That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 2333. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3505. The committee roll call vote on HOUSE BILLS 2333 and 3505 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Morrow, Chair A McAuliffe Y Brady Y McGuire Y Delgado Y Mitchell, Bill A Franks Y Pankau, Spkpn Y Hoffman A Saviano Y Johnson Y Schmitz Y Jones, Lou Y Stephens (Ryder) Y Lyons, Joseph Y Stroger Y Mautino, V-Chair Y Wait A Younge Representative McCarthy, Chairperson, from the Committee on Child Support Enforcement to which the following were referred, action taken on Wednesday, March 14, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3577. The committee roll call vote on HOUSE BILL 3577 is as follows: 5, Yeas; 4, Nays; 0, Answering Present. Y McCarthy, Chair N Curry, Julie N Bassi N Hamos Y Black N Lyons, Eileen Y Crotty, V-Chair Y Mitchell, Jerry (Bellock) Y O'Brien Representative Reitz, Chairperson, from the Special Committee on Cities & Villages to which the following were referred, action taken on Wednesday, March 14, 2001, 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 904, 1855 and 2108. The committee roll call vote on HOUSE BILL 904 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Reitz, Chair Y Mautino Y Berns Y May Y Durkin Y McCarthy, V-Chair Y Forby Y Moore Y Mathias, Spkpn Y Schmitz Y Slone The committee roll call vote on HOUSE BILL 1855 is as follows: 10, Yeas; 1, Nays; 0, Answering Present. Y Reitz, Chair Y Mautino N Berns Y May Y Durkin Y McCarthy, V-Chair Y Forby Y Moore Y Mathias, Spkpn Y Schmitz Y Slone The committee roll call vote on HOUSE BILL 2108 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Reitz, Chair A Mautino
9 [March 15, 2001] Y Berns Y May Y Durkin Y McCarthy, V-Chair Y Forby Y Moore A Mathias, Spkpn Y Schmitz A Slone Representative Scully, Chairperson, from the Committee on Commerce & Business Development to which the following were referred, action taken on Wednesday, March 14, 2001, 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 3203, 3319 and 3575. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 3212. The committee roll call vote on HOUSE BILL 3212 is as follows: 6, Yeas; 3, Nays; 1, Answering Present. Y Scully, Chair Y Lindner N Collins N Miller P Flowers, V-Chair Y Mulligan Y Forby Y Osmond, Spkpn A Hoeft N Ryan Y Zickus The committee roll call vote on HOUSE BILL 3319 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Scully, Chair Y Lindner Y Collins A Miller Y Flowers, V-Chair Y Mulligan Y Forby Y Osmond, Spkpn Y Hoeft Y Ryan Y Zickus The committee roll call vote on HOUSE BILLS 3203 and 3575 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Scully, Chair Y Lindner Y Collins Y Miller Y Flowers, V-Chair Y Mulligan Y Forby Y Osmond, Spkpn Y Hoeft Y Ryan Y Zickus Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken on Wednesday, March 14, 2001, 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 977, 1965, 2467, 2502, 3137 and 3231. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 1927. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 629 and 3324. That the resolution be reported "be adopted" and be placed on the House Calendar -- Short Debate: HOUSE RESOLUTION 63. That the resolution be reported "be adopted as amended" and be placed on the House Calendar -- Short Debate: HOUSE RESOLUTION 52. The committee roll call vote on HOUSE RESOLUTION 63 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson
[March 15, 2001] 10 Y Bassi Y Kosel Y Collins A Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt (Hultgren) Y Delgado A Mulligan Y Fowler A Murphy Y Garrett Y Osterman Y Hoeft A Smith, Michael (Joseph Lyons) Y Winkel The committee roll call vote on HOUSE BILL 2502 is as follows: 13, Yeas; 1, Nays; 2, Answering Present. Y Giles, Chair Y Johnson P Bassi Y Kosel Y Collins Y Krause P Cowlishaw, Spkpn A Miller Y Crotty N Mitchell, Jerry Y Davis, Monique, V-Chair A Moffitt (Hultgren) A Delgado Y Mulligan Y Fowler Y Murphy Y Garrett A Osterman Y Hoeft A Smith, Michael (Joe Lyons) Y Winkel The committee roll call vote on HOUSE BILL 3324 is as follows: 12, Yeas; 3, Nays; 3, Answering Present. Y Giles, Chair A Johnson Y Bassi Y Kosel N Collins Y Krause Y Cowlishaw, Spkpn P Miller Y Crotty Y Mitchell, Jerry N Davis, Monique, V-Chair Y Moffitt (Hultgren) P Delgado Y Mulligan Y Fowler P Murphy N Garrett A Osterman Y Hoeft Y Smith, Michael (Joe Lyons) A Winkel The committee roll call vote on HOUSE BILLS 977 and 1927 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins A Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt (Hultgren) Y Delgado A Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael (Joe Lyons) Y Winkel The committee roll call vote on HOUSE BILLS 629, 1965, 2467, 3137, 3231 and House Resolution 52 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry
11 [March 15, 2001] Y Davis, Monique, V-Chair Y Moffitt (Hultgren) Y Delgado Y Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael (Joe Lyons) Y Winkel Representative Novak, Chairperson, from the Committee on Environment & Energy to which the following were referred, action taken on March 14, 2001, 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 3142, 3264, 3321, 3332 and 3373. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 1887 and 2527. That the bill be tabled by the Sponsor in Committee: HOUSE BILLS 574 and 1690. The committee roll call vote on HOUSE BILL 2527 is as follows: 12, Yeas; 4, Nays; 1, Answering Present. Y Novak, Chair Y Holbrook Y Beaubien Y Hultgren N Bradley P Jones, Shirley Y Brunsvold Y Lawfer (Meyer) Y Davis, Steve, V-Chair Y Moore N Durkin Y Parke N Hartke Y Persico Y Hassert, Spkpn Y Reitz N Soto The committee roll call vote on HOUSE BILLS 3142, 3264, 3321, 3332 and 3373 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook Y Beaubien Y Hultgren Y Bradley Y Jones, Shirley Y Brunsvold Y Lawfer (Meyer) Y Davis, Steve, V-Chair Y Moore Y Durkin Y Parke Y Hartke Y Persico Y Hassert, Spkpn Y Reitz Y Soto Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken on Wednesday, March 14, 2001, 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 280, 2115, 2281, 2282, 2439, 3140 and 3387. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 919. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 47 and 618. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 48, 173, 175, 220, 269, 294, 390, 2064, 2412, 2426, 3090, 3091, 3092, 3124, 3188, 3213, 3286, 3299 and 3307. The committee roll call vote on HOUSE BILL 173 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli
[March 15, 2001] 12 Y Acevedo A Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILL 294 is as follows: 8, Yeas; 1, Nays; 4, Answering Present. Y Burke, Chair P Capparelli Y Acevedo Y Hassert Y Beaubien P Jones, Lou Y Biggins P McKeon Y Bradley Y Pankau P Bugielski, V-Chair Y Poe, Spkpn N Rutherford The committee roll call vote on HOUSE BILL 618 is as follows: 7, Yeas; 6, Nays; 0, Answering Present. N Burke, Chair N Capparelli N Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins N McKeon N Bradley Y Pankau N Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILL 2115 is as follows: 12, Yeas; 1, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert N Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILL 2281 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILLS 47 and 919 is as follows: 7, Yeas; 6, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo N Hassert N Beaubien Y Jones, Lou N Biggins Y McKeon Y Bradley N Pankau Y Bugielski, V-Chair N Poe, Spkpn N Rutherford The committee roll call vote on HOUSE BILLS 48, 175, 220, 269, 280, 390, 3064, 2282, 2412, 2426, 2439, 3090, 3091, 3092, 3124, 3140, 3188, 3213, 3286, 3299, 3307 and 3387 is as follows:
13 [March 15, 2001] 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford Representative Erwin, Chairperson, from the Committee on Higher Education to which the following were referred, action taken on Wednesday, March 14, 2001, 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 2208, 3123 and 3377. The committee roll call vote on HOUSE BILLS 2208 and 3123 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Erwin, Chair Y Howard Y Berns Y Mendoza Y Bost Y Myers, Richard Y Davis, Monique Y Righter Y Fowler, V-Chair Y Scott (Boland) Y Giles Y Winkel Y Wirsing, Spkpn The committee roll call vote on HOUSE BILL 3377 is as follows: 10, Yeas; 3, Nays; 0, Answering Present. Y Erwin, Chair Y Howard Y Berns N Mendoza N Bost Y Myers, Richard Y Davis, Monique Y Righter N Fowler, V-Chair Y Scott (Boland) Y Giles Y Winkel Y Wirsing, Spkpn Representative Feigenholtz, Chairperson, from the Committee on Human Services to which the following were referred, action taken on Wednesday, March 14, 2001, 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 714, 2548, 3002, 3059, 3072, 3135, 3267, 3335 and 3538. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 1691, 2027, 2248, 3061 and 3540. The committee roll call vote on HOUSE BILL 2548 is as follows: 5, Yeas; 2, Nays; 1, Answering Present. Y Feigenholtz, Chair P Myers, Richard N Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto Y Howard A Winters N Wirsing The committee roll call vote on HOUSE BILLS 714, 1691, 3072 and 3538 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair
[March 15, 2001] 14 A Flowers Y Soto Y Howard Y Winters Y Wirsing The committee roll call vote on HOUSE BILLS 2027, 2248, 3002, 3135, 3267 and 3540 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto Y Howard Y Winters Y Wirsing The committee roll call vote on HOUSE BILLS 3059, 3061 and 3335 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair A Flowers Y Soto Y Howard A Winters Y Wirsing Representative Dart, Chairperson, from the Committee on Judiciary I-Civil Law to which the following were referred, action taken on March 14, 2001, 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 929, 1942, 2009, 2246, 2314, 3078, 3217, 3224, 3279, 3346, 3535 and 3576. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 1941, 1945 and 3400. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 377, 811, 829, 1075, 2138, 2493 and 3266. The committee roll call vote on HOUSE BILL 829 is as follows: 8, Yeas; 0, Nays; 4, Answering Present. Y Dart, Chair P Meyer Y Brosnahan Y Osmond P Hamos P Righter Y Hoffman Y Scott, V-Chair P Klingler (Bost) Y Scully Y Lang Y Turner, John, Spkpn A Wait The committee roll call vote on HOUSE BILL 2009 is as follows: 8, Yeas; 5, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan N Osmond Y Hamos N Righter Y Hoffman Y Scott, V-Chair N Klingler (Bost) Y Scully Y Lang N Turner, John, Spkpn N Wait The committee roll call vote on HOUSE BILL 2138 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan Y Osmond Y Hamos Y Righter A Hoffman Y Scott, V-Chair
15 [March 15, 2001] Y Klingler (Bost) Y Scully Y Lang Y Turner, John, Spkpn A Wait The committee roll call vote on HOUSE BILL 3078 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair A Meyer Y Brosnahan Y Osmond Y Hamos Y Righter A Hoffman Y Scott, V-Chair A Klingler (Bost) Y Scully Y Lang Y Turner, John, Spkpn Y Wait The committee roll call vote on HOUSE BILL 3217 is as follows: 10, Yeas; 0, Nays; 1, Answering Present. Y Dart, Chair A Meyer Y Brosnahan P Osmond Y Hamos A Righter Y Hoffman Y Scott, V-Chair Y Klingler (Bost) Y Scully Y Lang Y Turner, John, Spkpn Y Wait The committee roll call vote on HOUSE BILL 3279 is as follows: 10, Yeas; 2, Nays; 1, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan Y Osmond Y Hamos N Righter Y Hoffman Y Scott, V-Chair P Klingler (Bost) Y Scully Y Lang N Turner, John, Spkpn Y Wait The committee roll call vote on HOUSE BILL 3400 is as follows: 7, Yeas; 6, Nays; 0, Answering Present. Y Dart, Chair N Meyer Y Brosnahan N Osmond Y Hamos N Righter Y Hoffman Y Scott, V-Chair N Klingler (Bost) Y Scully Y Lang N Turner, John, Spkpn N Wait The committee roll call vote on HOUSE BILLS 1941 and 1945 is as follows: 7, Yeas; 6, Nays; 0, Answering Present. Y Dart, Chair N Meyer Y Brosnahan N Osmond Y Hamos N Righter Y Hoffman Y Scott, V-Chair N Klingler (Bost) Y Scully Y Lang N Turner, John, Spkpn N Wait The committee roll call vote on HOUSE BILLS 377, 811, 929, 1075, 1942, 2246, 2314, 2493, 3224, 3266, 3346, 3535 and 3576 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan Y Osmond
[March 15, 2001] 16 Y Hamos Y Righter Y Hoffman Y Scott, V-Chair Y Klingler (Bost) Y Scully Y Lang Y Turner, John, Spkpn Y Wait Representative Stroger, Chairperson, from the Committee on Labor to which the following were referred, action taken on Wednesday, March 14, 2001, 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 30, 913, 1919, 2192, 3157, 3395 and 3574. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 2193, 2487 and 3011. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 644. The committee roll call vote on HOUSE BILL 30 is as follows: 11, Yeas; 5, Nays; 1, Answering Present. Y Stroger, Chair Y Howard Y Acevedo N Hultgren N Beaubien, Spkpn Y Johnson A Bellock P Jones, Shirley Y Curry, Julie Y McKeon, V-Chair Y Dart N Moore Y Davis, Monique Y Parke N Hassert N Persico Y Hoffman A Slone Y Turner, John The committee roll call vote on HOUSE BILL 644 is as follows: 16, Yeas; 0, Nays; 1, Answering Present. Y Stroger, Chair Y Howard Y Acevedo Y Hultgren Y Beaubien, Spkpn P Johnson Y Bellock Y Jones, Shirley Y Curry, Julie Y McKeon, V-Chair A Dart Y Moore Y Davis, Monique Y Parke Y Hassert A Persico Y Hoffman Y Slone Y Turner, John The committee roll call vote on HOUSE BILL 913 is as follows: 17, Yeas; 2, Nays; 0, Answering Present. N Stroger, Chair Y Howard Y Acevedo Y Hultgren Y Beaubien, Spkpn Y Johnson Y Bellock Y Jones, Shirley Y Curry, Julie Y McKeon, V-Chair Y Dart N Moore Y Davis, Monique Y Parke Y Hassert Y Persico Y Hoffman Y Slone Y Turner, John The committee roll call vote on HOUSE BILL 1919 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Stroger, Chair Y Howard Y Acevedo Y Hultgren Y Beaubien, Spkpn A Johnson Y Bellock Y Jones, Shirley
17 [March 15, 2001] Y Curry, Julie Y McKeon, V-Chair Y Dart Y Moore Y Davis, Monique A Parke Y Hassert Y Persico Y Hoffman Y Slone Y Turner, John The committee roll call vote on HOUSE BILL 2192 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Stroger, Chair Y Howard Y Acevedo Y Hultgren Y Beaubien, Spkpn Y Johnson Y Bellock Y Jones, Shirley Y Curry, Julie A McKeon, V-Chair A Dart Y Moore Y Davis, Monique Y Parke Y Hassert Y Persico A Hoffman A Slone Y Turner, John The committee roll call vote on HOUSE BILL 2193 is as follows: 10, Yeas; 8, Nays; 0, Answering Present. Y Stroger, Chair Y Howard Y Acevedo N Hultgren N Beaubien, Spkpn N Johnson N Bellock Y Jones, Shirley Y Curry, Julie Y McKeon, V-Chair Y Dart N Moore Y Davis, Monique Y Parke N Hassert N Persico Y Hoffman A Slone N Turner, John The committee roll call vote on HOUSE BILL 2487 is as follows: 10, Yeas; 9, Nays; 0, Answering Present. Y Stroger, Chair Y Howard Y Acevedo N Hultgren N Beaubien, Spkpn N Johnson N Bellock Y Jones, Shirley Y Curry, Julie Y McKeon, V-Chair Y Dart N Moore Y Davis, Monique N Parke N Hassert N Persico Y Hoffman Y Slone N Turner, John The committee roll call vote on HOUSE BILL 3011 is as follows: 10, Yeas; 9, Nays; 0, Answering Present. Y Stroger, Chair Y Howard Y Acevedo N Hultgren N Beaubien, Spkpn N Johnson N Bellock Y Jones, Shirley Y Curry, Julie Y McKeon, V-Chair Y Dart N Moore Y Davis, Monique N Parke N Hassert N Persico Y Hoffman Y Slone N Turner, John The committee roll call vote on HOUSE BILL 3395 is as follows: 11, Yeas; 8, Nays; 0, Answering Present.
[March 15, 2001] 18 Y Stroger, Chair Y Howard Y Acevedo N Hultgren N Beaubien, Spkpn N Johnson N Bellock Y Jones, Shirley Y Curry, Julie Y McKeon, V-Chair Y Dart N Moore Y Davis, Monique N Parke Y Hassert N Persico Y Hoffman Y Slone N Turner, John The committee roll call vote on HOUSE BILLS 3157 and 3574 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y Stroger, Chair Y Howard Y Acevedo Y Hultgren Y Beaubien, Spkpn Y Johnson Y Bellock Y Jones, Shirley Y Curry, Julie Y McKeon, V-Chair Y Dart Y Moore Y Davis, Monique Y Parke Y Hassert Y Persico Y Hoffman Y Slone Y Turner, John Representative Saviano, Chairperson, from the Committee on Registration & Regulation to which the following were referred, action taken on Wednesday, March 14, 2001, 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 2271, 2463, 2492, 3097 and 3129. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 375. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 26, 166, 1006, 1815, 1825, 2147, 2148, 2219, 2536, 3194 and 3199. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 3070. The committee roll call vote on HOUSE BILLS 26, 166, 2219 and 2536 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz Y Crotty Y Stephens (Meyer) Y Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILL 375 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair A Klingler A Boland A Kosel Y Bradley Y Lyons, Eileen A Brunsvold Y Mitchell, Bill Y Bugielski Y Novak A Burke Y Osmond
19 [March 15, 2001] A Coulson A Reitz Y Crotty A Stephens (Meyer) A Davis, Steve Y Winters A Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILL 1825 is as follows: 17, Yeas; 1, Nays; 0, Answering Present. Y Saviano, Chair A Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen A Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz Y Crotty Y Stephens (Meyer) Y Davis, Steve N Winters A Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILL 2463 is as follows: 15, Yeas; 2, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland Y Kosel A Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond A Coulson A Reitz Y Crotty Y Stephens (Meyer) A Davis, Steve Y Winters Y Fritchey, V-Chair N Wojcik N Zickus, Spkpn The committee roll call vote on HOUSE BILLS 2492 and 3129 is as follows: 20, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair A Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz Y Crotty Y Stephens (Meyer) Y Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILL 3070 is as follows: 12, Yeas; 5, Nays; 0, Answering Present. Y Saviano, Chair N Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold N Mitchell, Bill A Bugielski Y Novak A Burke Y Osmond Y Coulson A Reitz Y Crotty Y Stephens (Meyer) A Davis, Steve N Winters Y Fritchey, V-Chair N Wojcik N Zickus, Spkpn
[March 15, 2001] 20 The committee roll call vote on HOUSE BILL 3097 is as follows: 20, Yeas; 1, Nays; 0, Answering Present. Y Saviano, Chair N Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz Y Crotty Y Stephens (Meyer) Y Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILLS 1006, 2147, 2148 and 3199 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz Y Crotty Y Stephens (Meyer) Y Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILLS 2271 and 3194 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair A Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz Y Crotty Y Stephens (Meyer) Y Davis, Steve Y Winters A Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILL 1815 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz Y Crotty Y Stephens Y Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn Representative Kenner, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken on Wednesday, March 14, 2001, and reported the same back with the
21 [March 15, 2001] following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 729, 1786, 2511, 3119, 3127, 3209, 3359, 3375, 3557, 3564, 3565 and 3572. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 1824, 2011, 2432, 3098 and 3563. That the resolution be reported "be adopted as amended" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 2. The committee roll call vote on HOUSE BILL 1824 is as follows: 6, Yeas; 2, Nays; 0, Answering Present. Y Kenner, Chair N Franks Y Collins, V-Chair Y O'Connor, Spkpn Y FORBY Y Pankau N Fowler Y Righter A Wirsing The committee roll call vote on HOUSE BILL 2011 is as follows: 6, Yeas; 2, Nays; 0, Answering Present. Y Kenner, Chair Y Franks A Collins, V-Chair Y O'Connor, Spkpn N FORBY Y Pankau N Fowler Y Righter Y Wirsing The committee roll call vote on HOUSE BILL 2511 is as follows: 7, Yeas; 1, Nays; 0, Answering Present. Y Kenner, Chair N Franks Y Collins, V-Chair Y O'Connor, Spkpn A FORBY Y Pankau Y Fowler Y Righter Y Wirsing The committee roll call vote on HOUSE BILL 3098 is as follows: 6, Yeas; 2, Nays; 0, Answering Present. Y Kenner, Chair Y Franks Y Collins, V-Chair Y O'Connor, Spkpn A FORBY N Pankau Y Fowler Y Righter N Wirsing The committee roll call vote on HOUSE BILL 3563 is as follows: 7, Yeas; 1, Nays; 0, Answering Present. Y Kenner, Chair A Franks Y Collins, V-Chair N O'Connor, Spkpn Y FORBY Y Pankau Y Fowler Y Righter Y Wirsing The committee roll call vote on HOUSE BILLS 729, 1786, 2432, 3119, 3127, 3209, 3375, 3557, 3565 and 3572 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Franks Y Collins, V-Chair Y O'Connor, Spkpn Y FORBY Y Pankau Y Fowler Y Righter Y Wirsing The committee roll call vote on HOUSE BILLS 3359 and 3564 is as follows:
[March 15, 2001] 22 7, Yeas; 2, Nays; 0, Answering Present. Y Kenner, Chair N Franks Y Collins, V-Chair N O'Connor, Spkpn Y FORBY Y Pankau Y Fowler Y Righter Y Wirsing Representative Brosnahan, Chairperson, from the Committee on The Disabled Community to which the following were referred, action taken on March 14, 2001, 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 3216 and 3392. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 2437, 3118 and 3192. The committee roll call vote on HOUSE BILLS 2437, 3118, 3192, 3216 and 3392 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Brosnahan, Chair Y McCarthy Y Feigenholtz, V-Chair Y O'Brien A Flowers Y Ryan Y Hoeft Y Schmitz Y Krause, Spkpn A Sommer Y Kurtz Y Winkel Y Yarbrough Representative Holbrook, Chairperson, from the Committee on Tourism to which the following were referred, action taken on March 14, 2001, 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 1091, 1092, 1093, 1750, 3440 and 3441. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3017. The committee roll call vote on HOUSE BILL 3017 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Holbrook, Chair Y Lawfer Y Bassi Y Mautino Y Erwin, V-Chair Y May Y Jones, John, Spkpn Y McGuire Y Moffitt The committee roll call vote on HOUSE BILLS 1091, 1092, 1093, 1750, 3440 and 3441 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Holbrook, Chair Y Lawfer Y Bassi Y Mautino Y Erwin, V-Chair Y May Y Jones, John, Spkpn A McGuire Y Moffitt CHANGE OF SPONSORSHIP Representative Scott asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 666. Representative Smith asked and obtained unanimous consent to be
23 [March 15, 2001] removed as chief sponsor and Representative Stroger asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1064. Representative Murphy asked and obtained unanimous consent to be removed as chief sponsor and Representative Crotty asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2157. Representative Miller asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3366. Representative Steve Davis asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3252. Representative Lou Jones asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2354. Representative Scully asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1774. Representative Scully asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1775. Representative Brunsvold asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 822. Representative Scully asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 649. Representative Scully asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1042. Representative Scully asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1043. Representative Giles asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1888. Representative Giles asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1839. Representative Giles asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1841. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 859. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1045. Representative Giles asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1840. Representative Hannig asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2077. Representative Hannig asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 664. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 273. Representative Soto asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 631. Representative Soto asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2238.
[March 15, 2001] 24 Representative Hannig asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 665. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3161. Representative Cowlishaw asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3544. Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3254. Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3256. Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 497. Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 499. Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2488. Representative McGuire asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3117. Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 423. Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 424. Representative McGuire asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 667. Representative McGuire asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 668. Representative McGuire asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 827. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Shirley Jones asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 356. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Shirley Jones asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 359. Representative McGuire asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 660. Representative Holbrook asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 204. Representative Holbrook asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 330. Representative Holbrook asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 828. Representative Monique Davis asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1949.
25 [March 15, 2001] Representative Monique Davis asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1950. Representative Holbrook asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 203. Representative Granberg asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 252. Representative Howard asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3353. Representative Flowers asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 237. Representative Franks asked and obtained unanimous consent to be removed as chief sponsor and Representative Mendoza asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1788. Representative Curry asked and obtained unanimous consent to be removed as chief sponsor and Representative Shirley Jones asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3148. Representative Brady asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3380. Representative Fritchey asked and obtained unanimous consent to be removed as chief sponsor and Representative Collins asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3565. Representative Ryder asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3566. Representative Moore asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2481. Representative Bill Mitchell asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3122. Representative O'Brien asked and obtained unanimous consent to be removed as chief sponsor and Representative Delgado asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3011. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Kurtz asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3037. Representative Hassert asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 601. Representative Parke asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 853. Representative Tenhouse asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 855. Representative Winters asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 926. Representative Hassert asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2017. Representative John Turner asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2206. Representative John Turner asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and
[March 15, 2001] 26 obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2241. Representative John Turner asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2242. Representative Durkin asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2397. Representative John Turner asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2424. Representative Black asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3018. Representative Winters asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3114. Representative Kosel asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3195. Representative Poe asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3239. Representative Bill Mitchell asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3360. Representative Moffitt asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3584. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 380. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 381. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1745. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1746. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1747. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1748. Representative Persico asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 774. Representative Rutherford asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2232. Representative Rutherford asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2429. RESOLUTIONS The following resolutions were offered and placed in the Committee
27 [March 15, 2001] on Rules. HOUSE RESOLUTION 120 Offered by Representative Erwin: WHEREAS, The Chicago Transit Authority (CTA) is an efficient mode of public transportation, currently the second largest in the U.S.; and WHEREAS, The CTA wishes to forge strong community relationships and encourage Chicagoland residents as well as visitors to utilize the system; and WHEREAS, The University Pass (U-Pass) Program is a discount fare medium that provides full-time college and university students with unlimited rides on all CTA trains and buses throughout the duration of an academic term; and WHEREAS, The U-Pass program further demonstrates the CTA's ongoing commitment to the community and to providing on-time, clean, safe, and friendly service; and WHEREAS, Since its inception two and one-half years ago, 22 schools and tens of thousands of students have participated in the U-Pass Program, with approximately 40,000 students now enjoying its benefits; and WHEREAS, Many of those students would otherwise be forced to drive their personal automobiles, worsening the already serious traffic congestion issues the metropolitan area already faces; and WHEREAS, The program is intended to stimulate increases in CTA ridership, especially during off-peak hours, getting maximum efficiency in the use of public funds; and WHEREAS, U-Pass introduces the CTA to students who have not used it before, providing convenient, low-cost transportation to full-time students; and WHEREAS, The increased ridership adds to the overall ridership figures, increasing levels of federal funding for the agency; and WHEREAS, many of the Chicago metropolitan area's finest educational institutions participate, including the Cooking and Hospitality Institute of Chicago, Columbia College, Dawson Technical Institute, DePaul University, East-West University, Harold Washington College, Harrington Institute of Interior Design, John Marshall Law School, Kennedy-King College, Loyola University, Northwestern University School of Law, Malcolm X College, Robert Morris College, Roosevelt University, the School of the Art Institute of Chicago, Illinois Institute of Technology, Illinois Institute of Art, Olive-Harvey College, Truman College, MacCormac College, Northwestern Business College, and the Taylor Business Institute; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the House of Representatives expresses its strong support for the Chicago Transit Authority's U-Pass program and urges the Boards of Trustees at the three State universities that have not chosen to participate (the University of Illinois at Chicago, Northeastern Illinois University, and Chicago State University) to seriously consider the program as another possible transportation alternative to the problems that their students face; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Boards of Trustees of the University of Illinois at Chicago, Northeastern Illinois University, and Chicago State University. HOUSE RESOLUTION 122 Offered by Representative Younge: WHEREAS, The alarming rate of homelessness among mentally ill persons in the State of Illinois is a great cause for concern and requires action by the Illinois Housing Development Authority; and WHEREAS, it has been estimated that 20% to 25% of homeless people in the United States suffer from some form of serious mental illness, and, in the Chicago area, certain areas report that as much as 65% of their homeless population suffers from mental illness; the Chicago
[March 15, 2001] 28 Department of Human Services determined that from October 1998 through November 1999 there were 15,774 homeless persons in the City of Chicago alone, or at least 3,155 mentally ill homeless persons using the national average rate; for fiscal year 2000, the Illinois Department of Human Services reported at least 2,993 homeless mentally ill persons in Chicago and at least 5,960 in Illinois; and WHEREAS, The hardship to mentally ill persons and the likelihood of imminent harm and death to mentally ill persons is greatly exacerbated by the combination of their mental illness and homelessness; and WHEREAS, Section 7.24h of the Illinois Housing Development Act (20 ILCS 3805/7.24h), enacted in 1989, authorized the Illinois Housing Development Authority to extend loans or grants to finance housing for mentally ill homeless persons, and required the Illinois Housing Development Authority to develop a plan for making certain housing units available to the homeless mentally ill; and WHEREAS, To date, this plan on behalf of the homeless mentally ill has never been developed; and WHEREAS, The members of the House of Representatives are concerned that measures to alleviate the suffering of these citizens of the State of Illinois be undertaken; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois Housing Development Authority to fulfill its statutory mandate and develop the plan for housing for the homeless mentally ill as required under Section 7.24h of the Illinois Housing Development Act (20 ILCS 3805/7.24h); and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Governor of the State of Illinois and to the Executive Director of the Illinois Housing Development Authority. HOUSE RESOLUTION 124 Offered by Representative Ryder: WHEREAS, 4-H is the largest youth organization in the State of Illinois, challenging more than 250,000 Illinois youth and adults with unique "hands on" learning each year; and WHEREAS, 4-H is an effective educational program based on the expertise of the United States Department of Agriculture, and University of Illinois Extension planned by local, county, and state committees; and WHEREAS, More than 20,000 caring, nurturing adults work together with 4-H youth in family and community environments to create real life learning laboratories that help youth practice skills they need today and will continue to use in their future; and WHEREAS, 4-H enriches Illinois youth with important programs that make countless differences in the lives of youth and adults and the communities in which they live; and WHEREAS, 4-H is a family and community effort supplementing and complementing the home, church, and school with action-oriented and practical educational experiences; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that in honor of the great contributions that 4-H makes to the State of Illinois, we designate Tuesday, March 27, 2001, as 4-H Day at the State Capitol, and we salute the outstanding accomplishments of Illinois 4-H members. HOUSE RESOLUTION 126 Offered by Representative Forby: WHEREAS, The State of Illinois has a rich history of coal mining and coal miners; and WHEREAS, The State of Illinois has an abundant supply of coal lying beneath it's soil; and WHEREAS, Our entire nation owes coal miners a great deal more than we could ever repay; the difficult and dangerous job that coal miners performed so that we could have the fuel we needed to operate our
29 [March 15, 2001] industries and businesses and heat our homes; and WHEREAS, It is proper and fitting for the United States to recognize our coal miners, both past and present, for their contributions to this nation; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the United States Postal Service to issue a postage stamp honoring coal mining and coal miners, commemorating their contributions to our nation and its citizens; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Postmaster General of the United States Postal Service, to the Speaker of the United States House of Representatives, to the President of the United States Senate, and to each member of the Illinois Congressional delegation. 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 326, 473, 643, 1804, 1901, 1913, 1914, 1926, 2062, 2100, 2149, 2153, 2218, 2235 and 2254. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 120 Offered by Representative Erwin: WHEREAS, The Chicago Transit Authority (CTA) is an efficient mode of public transportation, currently the second largest in the U.S.; and WHEREAS, The CTA wishes to forge strong community relationships and encourage Chicagoland residents as well as visitors to utilize the system; and WHEREAS, The University Pass (U-Pass) Program is a discount fare medium that provides full-time college and university students with unlimited rides on all CTA trains and buses throughout the duration of an academic term; and WHEREAS, The U-Pass program further demonstrates the CTA's ongoing commitment to the community and to providing on-time, clean, safe, and friendly service; and WHEREAS, Since its inception two and one-half years ago, 22 schools and tens of thousands of students have participated in the U-Pass Program, with approximately 40,000 students now enjoying its benefits; and WHEREAS, Many of those students would otherwise be forced to drive their personal automobiles, worsening the already serious traffic congestion issues the metropolitan area already faces; and WHEREAS, The program is intended to stimulate increases in CTA ridership, especially during off-peak hours, getting maximum efficiency in the use of public funds; and WHEREAS, U-Pass introduces the CTA to students who have not used it before, providing convenient, low-cost transportation to full-time students; and WHEREAS, The increased ridership adds to the overall ridership figures, increasing levels of federal funding for the agency; and WHEREAS, many of the Chicago metropolitan area's finest educational institutions participate, including the Cooking and Hospitality Institute of Chicago, Columbia College, Dawson Technical Institute, DePaul University, East-West University, Harold Washington College, Harrington Institute of Interior Design, John Marshall Law School, Kennedy-King College, Loyola University, Northwestern University School of Law, Malcolm X College, Robert Morris College, Roosevelt University,
[March 15, 2001] 30 the School of the Art Institute of Chicago, Illinois Institute of Technology, Illinois Institute of Art, Olive-Harvey College, Truman College, MacCormac College, Northwestern Business College, and the Taylor Business Institute; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the House of Representatives expresses its strong support for the Chicago Transit Authority's U-Pass program and urges the Boards of Trustees at the three State universities that have not chosen to participate (the University of Illinois at Chicago, Northeastern Illinois University, and Chicago State University) to seriously consider the program as another possible transportation alternative to the problems that their students face; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Boards of Trustees of the University of Illinois at Chicago, Northeastern Illinois University, and Chicago State University. HOUSE RESOLUTION 122 Offered by Representative Younge: WHEREAS, The alarming rate of homelessness among mentally ill persons in the State of Illinois is a great cause for concern and requires action by the Illinois Housing Development Authority; and WHEREAS, it has been estimated that 20% to 25% of homeless people in the United States suffer from some form of serious mental illness, and, in the Chicago area, certain areas report that as much as 65% of their homeless population suffers from mental illness; the Chicago Department of Human Services determined that from October 1998 through November 1999 there were 15,774 homeless persons in the City of Chicago alone, or at least 3,155 mentally ill homeless persons using the national average rate; for fiscal year 2000, the Illinois Department of Human Services reported at least 2,993 homeless mentally ill persons in Chicago and at least 5,960 in Illinois; and WHEREAS, The hardship to mentally ill persons and the likelihood of imminent harm and death to mentally ill persons is greatly exacerbated by the combination of their mental illness and homelessness; and WHEREAS, Section 7.24h of the Illinois Housing Development Act (20 ILCS 3805/7.24h), enacted in 1989, authorized the Illinois Housing Development Authority to extend loans or grants to finance housing for mentally ill homeless persons, and required the Illinois Housing Development Authority to develop a plan for making certain housing units available to the homeless mentally ill; and WHEREAS, To date, this plan on behalf of the homeless mentally ill has never been developed; and WHEREAS, The members of the House of Representatives are concerned that measures to alleviate the suffering of these citizens of the State of Illinois be undertaken; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois Housing Development Authority to fulfill its statutory mandate and develop the plan for housing for the homeless mentally ill as required under Section 7.24h of the Illinois Housing Development Act (20 ILCS 3805/7.24h); and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Governor of the State of Illinois and to the Executive Director of the Illinois Housing Development Authority. HOUSE RESOLUTION 124 Offered by Representative Ryder: WHEREAS, 4-H is the largest youth organization in the State of Illinois, challenging more than 250,000 Illinois youth and adults with unique "hands on" learning each year; and WHEREAS, 4-H is an effective educational program based on the expertise of the United States Department of Agriculture, and University of Illinois Extension planned by local, county, and state
31 [March 15, 2001] committees; and WHEREAS, More than 20,000 caring, nurturing adults work together with 4-H youth in family and community environments to create real life learning laboratories that help youth practice skills they need today and will continue to use in their future; and WHEREAS, 4-H enriches Illinois youth with important programs that make countless differences in the lives of youth and adults and the communities in which they live; and WHEREAS, 4-H is a family and community effort supplementing and complementing the home, church, and school with action-oriented and practical educational experiences; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that in honor of the great contributions that 4-H makes to the State of Illinois, we designate Tuesday, March 27, 2001, as 4-H Day at the State Capitol, and we salute the outstanding accomplishments of Illinois 4-H members. HOUSE RESOLUTION 126 Offered by Representative Forby: WHEREAS, The State of Illinois has a rich history of coal mining and coal miners; and WHEREAS, The State of Illinois has an abundant supply of coal lying beneath it's soil; and WHEREAS, Our entire nation owes coal miners a great deal more than we could ever repay; the difficult and dangerous job that coal miners performed so that we could have the fuel we needed to operate our industries and businesses and heat our homes; and WHEREAS, It is proper and fitting for the United States to recognize our coal miners, both past and present, for their contributions to this nation; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the United States Postal Service to issue a postage stamp honoring coal mining and coal miners, commemorating their contributions to our nation and its citizens; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Postmaster General of the United States Postal Service, to the Speaker of the United States House of Representatives, to the President of the United States Senate, and to each member of the Illinois Congressional delegation. HOUSE BILLS ON SECOND READING HOUSE BILL 184. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Children & Youth, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 184 AMENDMENT NO. 1. Amend House Bill 184 on page 1, by replacing lines 10 through 12 with "and (ii) when applying for renewal of a license to operate a foster family home.". 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 274. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed:
[March 15, 2001] 32 AMENDMENT NO. 1 TO HOUSE BILL 274 AMENDMENT NO. 1. Amend House Bill 274 as follows: on page 1, by replacing lines 11 through 17 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer."; and on page 1, by replacing lines 25 through 29 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer."; and on page 2, by deleting lines 1 and 2; and on page 2, by replacing lines 10 through 16 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer."; and on page 2, by replacing lines 24 through 30 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer."; and on page 3, by replacing lines 8 through 14 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer."; and on page 3, by replacing lines 22 through 28 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer."; and on page 4, by replacing lines 6 through 12 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer."; and on page 4, by replacing lines 20 through 26 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer."; and on page 5, by replacing lines 4 through 10 with the following: "recommend meningitis vaccination. Any University facility that delivers health services to University students must offer meningitis vaccines, subject to the availability of the vaccine from the manufacturer.". Representative O'Brien offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 274 AMENDMENT NO. 2. Amend House Bill 274, AS AMENDED, as follows: in Section 5, Sec. 21, by replacing "students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 5, Sec. 21, after "manufacturer.", by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination."; and in Section 10, Sec. 11, by replacing "students and the student's parents or guardian about meningitis and its transmission. The
33 [March 15, 2001] University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 10, Sec. 11, after "manufacturer.", by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination."; and in Section 15, Sec. 5-115, by replacing "students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 15, Sec. 5-115, after "manufacturer.", by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination."; and in Section 20, Sec. 10-115, by replacing "students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 20, Sec. 10-115, after "manufacturer." by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination."; and in Section 25, Sec. 15-115, by replacing "students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 25, Sec. 15-115, after "manufacturer.", by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination."; and in Section 30, Sec. 20-120, by replacing "students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 30, Sec. 20-120, after "manufacturer.", by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination."; and in Section 35, Sec. 25-115, by replacing "students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 35, Sec. 25-115, after "manufacturer.", by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination."; and in Section 40, Sec. 30-125, by replacing "students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 40, Sec. 30-125, after "manufacturer.", by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination."; and in Section 45, Sec. 35-120, by replacing "students and the student's parents or guardian about meningitis and its transmission. The University shall recommend meningitis vaccination." with "incoming students and transfer students about meningitis and its transmission."; and in Section 45, Sec. 35-120, after "manufacturer.", by inserting "Nothing in this Section may be construed to require the University to pay for the cost of vaccination.". The motion prevailed and the amendment was adopted and ordered printed.
[March 15, 2001] 34 There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 328. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 328 AMENDMENT NO. 1. Amend House Bill 328 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Human Voice Contact Act. Section 5. Legislative findings. The General Assembly finds that: (1) the people of this State, from time to time, need contact with State agencies because of problems or concerns; (2) often when a person calls a State agency that person needs to talk to an individual, and it is not necessarily convenient or practical for that person to leave a message or to follow an automated menu; (3) the purpose of State agencies is to serve the people of this State in a manner that is as accessible, efficient, and responsive as possible; (4) when a person calls a State agency and receives an automated operator or an automated menu instead of a live operator, often that person is not able to adequately receive assistance or services; and (5) the number of people calling a State agency and not getting the assistance or services that they are entitled to because the State agency does not have a live operator answering incoming phone calls grows by the day. Section 10. Definition. In this Act, "State agency" means the same as in Section 1-7 of the Illinois State Auditing Act. Section 15. Automated telephone answering equipment. A State agency that uses automated telephone answering equipment to answer incoming telephone calls must, during the normal business hours of the agency, provide the caller with the option, among the first set of menu choices, of speaking to a live operator. This Section does not apply to a telephone line that is dedicated as a hot line for emergency services or to provide general information.". 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 448. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Energy & Environment, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 448 AMENDMENT NO. 1. Amend House Bill 448 by replacing the title with the following: "AN ACT in relation to assistance for low-income persons."; and by replacing everything after the enacting clause with the following: "Section 6. The Energy Assistance Act of 1989 is amended by changing Section 6 as follows: (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406) Sec. 6. Eligibility, Conditions of Participation, and Energy Assistance. (a) Any person who is a resident of the State of Illinois and
35 [March 15, 2001] whose household income is not greater than the household income level established pursuant to 42 U.S.C. 8624(b)(2)(B)
[March 15, 2001] 36 The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 453 AMENDMENT NO. 1. Amend House Bill 453 as follows: on page 1, by replacing line 15, with the following: "tanning salon, changing room, or hotel bedroom. In this subsection (a-3), "changing room" includes a school, health club, or gymnasium locker room.". "GET AMENDMENT NO. 2 HERE". Representative offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 453 AMENDMENT NO. 3. Amend House Bill 453, AS AMENDED, as follows: in paragraph (3) of subsection (b) of Sec. 26-4 of Section 5, by inserting "when there is no reasonable expectation of privacy" after "newsgathering". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 677. Having been printed, was taken up and read by title a second time. Representative Hoffman offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 677 AMENDMENT NO. 1. Amend House Bill 677 on page 1, in line 23 by inserting after "employee" the following: ", except for a school district employee who was offered the chance to attend annual training at a time when school is not in session but chose instead to train during the school session"; and on page 1, in line 29 by inserting after "activities" the following: ", except for a school district employee who was offered the chance to attend basic training or up to 60 days of special or advanced training at a time when school is not in session but chose instead to train during the school session". 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 604. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Conservation & Land Use, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 604 AMENDMENT NO. 1. Amend House Bill 604 by replacing everything after the enacting clause with the following:
37 [March 15, 2001] "Section 1. Short title. This Act may be cited as the Facility Planning Area Rules Act. Section 5. Definitions. For the purposes of this Act: "Facility planning area" means an area as defined in paragraph 2.33 of the Illinois Water Quality Management Plan. "Resource protection plan" is any plan adopted by a public agency that includes goals, policies, strategies, and procedures for preserving key farmland, natural areas, cultural resources, or aquatic resources. Section 10. Rules. Within one year of the enactment of this Act, the Illinois Environmental Protection Agency shall propose rules that set forth procedures for Agency approval of facility planning area amendments that provide that the Agency shall do the following: (a) approve amendments only when they: (1) are consistent with (i) the provisions of the Illinois Water Quality Management Plan and its recommended ordinances for nonpoint source control including, but not limited to, provisions and ordinances related to construction site runoff, urban runoff, and hydrographic modification; (ii) the Illinois Nonpoint Source Management Program; and (iii) antidegradation criteria; and (2) do not cause or contribute to violations of water quality standards; and (b) consider local and regional comprehensive plans and resource protection plans. The Agency may deny facility planning area amendments that are inconsistent with a local or regional comprehensive plan or a resource protection plan. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 875. 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 875 AMENDMENT NO. 1. Amend House Bill 875 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Sections 27-9.1 and 27-9.2 as follows: (105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1) Sec. 27-9.1. Sex Education. (a) No pupil shall be required to take or participate in any class or course in comprehensive sex education if his parent or guardian submits written objection thereto, and refusal to take or participate in such course or program shall not be reason for suspension or expulsion of such pupil. Each class or course in comprehensive sex education offered in any of grades 6 through 12 shall include instruction on the prevention, transmission and spread of AIDS. Nothing in this Section prohibits instruction in sanitation, hygiene or traditional courses in biology. (b) All public elementary, junior high, and senior high school classes that teach sex education and discuss sexual intercourse shall emphasize that abstinence is the expected norm in that abstinence from sexual intercourse is the only protection that is 100% effective against unwanted teenage pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome (AIDS) when transmitted sexually. (c) In this subsection (c): "Factual information" includes without limitation medical, psychiatric, psychological, empirical, and statistical statements.
[March 15, 2001] 38 "Medically accurate" means verified or supported by research conducted in compliance with scientific methods, published in peer-review journals, where appropriate, and recognized as accurate by professional organizations and agencies with expertise in the relevant field. All sex education courses that discuss sexual intercourse shall satisfy the following criteria: (0.5) Factual information presented in course material and instruction shall be medically accurate. (1) Course material and instruction shall be age appropriate. (2) Course material and instruction shall teach honor and respect for monogamous heterosexual marriage. (3) Course material and instruction shall stress that pupils should abstain from sexual intercourse until they are ready for marriage. (4) Course material and instruction shall include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse outside of marriage and the consequences of unwanted adolescent pregnancy. (5) Course material and instruction shall stress that sexually transmitted diseases are serious possible hazards of sexual intercourse. Pupils shall be provided with statistics based on the latest medical information citing the failure and success rates of condoms in preventing AIDS and other sexually transmitted diseases. (6) Course material and instruction shall advise pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock. (7) Course material and instruction shall advise pupils of the circumstances under which it is unlawful for males to have sexual relations with females under the age of 18 to whom they are not married pursuant to Article 12 of the Criminal Code of 1961, as now or hereafter amended. (8) Course material and instruction shall teach pupils to not make unwanted physical and verbal sexual advances and how to say no to unwanted sexual advances. Pupils shall be taught that it is wrong to take advantage of or to exploit another person. The material and instruction shall also encourage youth to resist negative peer pressure. (d) An opportunity shall be afforded to parents or guardians to examine the instructional materials to be used in such class or course. (Source: P.A. 86-941.) (105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2) Sec. 27-9.2. Family Life. (a) If any school district provides courses of instruction designed to promote wholesome and comprehensive understanding of the emotional, psychological, physiological, hygienic and social responsibility aspects of family life, then such courses of instruction shall include the teaching of the alternatives to abortion, appropriate to the various grade levels; and whenever such courses of instruction are provided in any of grades 6 through 12, then such courses also shall include instruction on the prevention, transmission and spread of AIDS. However, no pupil shall be required to take or participate in any family life class or course on AIDS instruction if his parent or guardian submits written objection thereto, and refusal to take or participate in such course or program shall not be reason for suspension or expulsion of such pupil. (b) In this subsection (b): "Factual information" includes without limitation medical, psychiatric, psychological, empirical, and statistical statements. "Medically accurate" means verified or supported by research conducted in compliance with scientific methods, published in peer-review journals, where appropriate, and recognized as accurate by professional organizations and agencies with expertise in the relevant field. For all family life courses of instruction, factual information
39 [March 15, 2001] presented in course material and instruction shall be medically accurate. (c) The State Superintendent of Education shall prepare and make available to local school districts courses of instruction designed to satisfy the requirements of this Section. The State Superintendent of Education shall develop a procedure for evaluating and measuring the effectiveness of the family life courses of instruction in each local school district, including the setting of reasonable goals for reduced sexual activity, sexually transmitted diseases and premarital pregnancy. The goals shall be set by the beginning of the 1991-92 school year. The State Superintendent shall distribute a copy of the procedure to each local school district. Each local school district may develop additional procedures or methods for measuring the effectiveness of the family life courses of instruction within the district. Before the beginning of the 1993-94 school year, the State Superintendent shall collect and evaluate all relevant data to determine whether the goals are being achieved. (Source: P.A. 86-941.) Section 10. The Critical Health Problems and Comprehensive Health Education Act is amended by changing Sections 2 and 3 as follows: (105 ILCS 110/2) (from Ch. 122, par. 862) Sec. 2. Definitions. In this Act, the following terms shall have the following meanings respectively prescribed for them, except as the context otherwise requires:
[March 15, 2001] 40 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. (d) 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. (e) 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.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1769. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Election & Campaign Reform, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1769 AMENDMENT NO. 1. Amend House Bill 1769 by replacing everything after the enacting clause with the following: "Section 5. The State Commemorative Dates Act is amended by adding Section 115 as follows: (5 ILCS 490/115 new) Sec. 115. General Election Day. (a) The date established by the Election Code as the date of the general election is a legal holiday to be known as General Election Day. No officer or employee of the State, a unit of local government including a home rule unit, or a school district may be required to work on General Election Day, except those persons necessary for (i) the conduct of the general election, (ii) law enforcement, (iii) fire protection, and (iv) public health and safety. The courts of this State shall designate General Election Day as a court holiday. (b) A home rule unit may not require its officers and employees to work on General Election Day other than as provided in this Section. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
41 [March 15, 2001] Section 10. The Election Code is amended by changing Sections 1-6 and 17-25 as follows: (10 ILCS 5/1-6) Sec. 1-6. Computing dates of various acts; Saturday, Sunday, and holidays. (a) If the first or last day fixed by law to do any act required or allowed by this Code falls on a State holiday or a Saturday or a Sunday, the period shall extend through the first business day next following the day otherwise fixed as the first or last day, irrespective of whether any election authority or local election official conducts business on the State holiday, Saturday, or Sunday. (b) For the purposes of this Section, "State holiday" means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, President's Day, Casimir Pulaski's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and any other day from time to time declared by the President of the United States or the Governor of Illinois to be a day during which the agencies of the State of Illinois that are ordinarily open to do business with the public shall be closed for business. In this Section, however, "State holiday" does not include General Election Day. (c) Notwithstanding any other provision of this Code, nominating papers, petitions of objection to nominating papers, certificates of withdrawal of candidacy, and reports of political committees actually received by election authorities and local election officials on a State holiday, a Saturday, or a Sunday shall not be deemed invalid or defective for that reason alone. (Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.) (10 ILCS 5/17-25) (from Ch. 46, par. 17-25) Sec. 17-25. General Election Day holiday. As provided in the State Commemorative Dates Act, General Election Day
[March 15, 2001] 42 county seat and shall keep his office open and attend to the duties thereof: (a) In counties of 500,000 or more population from 9 a. m. to 5 p. m. of each working day except Saturday afternoons and legal holidays, subject to Section 115 of the State Commemorative Dates Act, but the clerk may open the office at 8 a. m. on each working day: (b) In counties of less than 500,000 population from 8 a. m. to 5 p. m. of each working day except Saturdays and legal holidays, subject to Section 115 of the State Commemorative Dates Act, but in such counties the office shall remain open until noon the Saturday before general, primary or special election days. Provided, that the days on which such office shall be open and the hours of opening and closing of the office of the county clerk may be changed and otherwise fixed and determined by the county board of any county. Any such action taken by the county board shall be by an appropriate resolution passed at a regular meeting. Notwithstanding any other provision of this Section, when any election is held and the results of such election are required by law to be returned to the county clerk, the office of the county clerk shall remain open for the purpose of receiving such results from the time of opening of the polls until the returns from each precinct have been received. Any county clerk who fails to keep his office open for the purpose of receiving election returns as required by this Section commits a business offense, and shall be fined not less than $500 nor more than $5,000. (Source: P.A. 86-962.) Section 30. The School Code is amended by changing Section 24-2 as follows: (105 ILCS 5/24-2) (from Ch. 122, par. 24-2) Sec. 24-2. Holidays. Teachers shall not be required to teach on Saturdays; nor shall teachers or other school employees, other than noncertificated school employees whose presence is necessary because of an emergency or for the continued operation and maintenance of school facilities or property, be required to work on legal school holidays, which are January 1, New Year's Day; the third Monday in January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the Birthday of President Abraham Lincoln; the first Monday in March (to be known as Casimir Pulaski's birthday); Good Friday; the day designated as Memorial Day by federal law; July 4, Independence Day; the first Monday in September, Labor Day; the second Monday in October, Columbus Day; the date established by the Election Code as the date of the general election, General Election Day; November 11, Veteran's Day; the Thursday in November commonly called Thanksgiving Day; and December 25, Christmas Day. School boards may grant special holidays whenever in their judgment such action is advisable
43 [March 15, 2001] shall prepare and make available to school boards instructional materials relative to commemorated persons, activities, or events which may be used by school boards in conjunction with any instruction provided pursuant to this paragraph. City of Chicago School District 299 shall observe March 4 of each year as a commemorative holiday. This holiday shall be known as Mayors' Day which shall be a day to commemorate and be reminded of the past Chief Executive Officers of the City of Chicago, and in particular the late Mayor Richard J. Daley and the late Mayor Harold Washington. If March 4 falls on a Saturday or Sunday, Mayors' Day shall be observed on the following Monday. (Source: P.A. 89-610, eff. 8-6-96; 89-622, eff. 8-9-96; 90-14, eff. 7-1-97.) Section 35. The State Universities Civil Service Act is amended by changing Section 45a as follows: (110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1) Sec. 45a. Except as provided in the second sentence of this Section, all officers and employees subject to this Act, shall have the following days as holidays, for which they shall receive their usual compensation: New Year's Day, January 1, Memorial Day, as determined by the law of the State of Illinois, Independence Day, July 4, Labor Day, the first Monday in September, General Election Day as provided in the State Commemorative Dates Act, Thanksgiving Day, the fourth Thursday of November, Christmas Day, December 25, and five holidays to be designated by each college, university, agency and community college subject to this Act. Craft and trade employees subject to this Act shall be paid for all paid holidays included in their area agreement, and will be paid for all five holidays designated by their employer pursuant to this section. (Source: P.A. 79-1186.) Section 40. The Promissory Note and Bank Holiday Act is amended by changing Section 17 as follows: (205 ILCS 630/17) (from Ch. 17, par. 2201) Sec. 17. Holidays. (a) The following days shall be legal holidays in the State of Illinois upon which day a bank may, but is not required to, remain closed: the first day of January (New Year's Day); the third Monday in January (observance of Martin Luther King, Jr.'s birthday); the twelfth day in February (Abraham Lincoln's birthday); the third Monday in February (Presidents Day); the first Monday in March (observance of Casimir Pulaski's birthday); the Friday preceding Easter Sunday (Good Friday); the last Monday of May (Memorial Day); the fourth day of July (Independence Day); the first Monday in September (Labor Day); the second Monday in October (Columbus Day); the date established by the Election Code as the date of the general election (General Election Day); the eleventh day of November (Veterans' Day); the fourth Thursday in November (Thanksgiving Day); the twenty-fifth day in December (Christmas Day);
[March 15, 2001] 44 for the purpose of this Section only when a copy thereof, certified by an officer having charge of the records of such bank, is filed with the Recorder of the county in which such bank is located and published once each week for 3 successive weeks in a newspaper of general circulation in such county. Such publication shall be accomplished by, and at the expense of, the bank, and the bank shall submit to the Commissioner of Banks and Real Estate such evidence of the publication as the Commissioner shall deem appropriate. Any such selection shall remain in full force and effect until a copy of the later resolution of the board of directors of such bank, certified in like manner, terminating or altering any such prior selection shall be filed and published in the same manner as such prior resolution. (c) If an occasion arises when a state bank wishes to remain closed on a particular day, other than a day on which the bank has selected to remain closed on a regular basis as provided in this Section, such state bank may remain closed on such an occasion after first sending to the Commissioner a copy of a resolution adopted by the board of directors authorizing the bank to remain closed on such occasion and notice of the intent to remain closed on such occasion shall be conspicuously posted in the lobby of the main banking office and any branches of such bank for at least 3 weeks in advance of such occasion. Any day which any bank doing business within the State shall select to remain closed pursuant to this Section shall, with respect to such bank, be treated and considered as a Sunday. (d) All legal holidays, the half holidays and any day selected by a bank doing business within the State to remain closed, shall, for all purposes whatsoever, as regards the presenting for payment or acceptance, the maturity and protesting and giving of notice of the dishonor of bills of exchange, bank checks and promissory notes and other negotiable or commercial paper or instrument, be treated and considered as a Sunday. When any such holidays fall on Sunday, the Monday next following shall be held and considered such holiday. All notes, bills, drafts, checks or other evidence of indebtedness, falling due or maturing on either of such days, shall be deemed as due or maturing upon the day following, and when 2 or more of these days come together, or immediately succeeding each other, then such instruments, paper or indebtedness shall be deemed as due or having matured on the day following the last of such days. (e) Any act authorized, required or permitted to be performed at or by or with respect to any bank doing business within the State on a day which it has selected to remain closed under this Section may be so performed on the next succeeding business day and no liability or loss of rights of any kind shall result from such delay. (f) Nothing in this Act shall in any manner affect the validity of, or render void or voidable, the payment, certification, or acceptance of a check or other negotiable instrument, or any other transaction by a bank in this State, because done or performed on any Saturday, Sunday, holiday, or any day selected by a bank to remain closed, or during any time other than regular banking hours; but no bank in this State, which by law or custom is entitled to remain open or to close for the whole or any part of any day selected by it to remain open or to close, is compelled to close, or to remain open for the transaction of business or to perform any of the acts or transactions aforesaid except at its own option. (Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14, eff. 7-1-97.) Section 95. The State Mandates Act is amended by adding Section 8.25 as follows: (30 ILCS 805/8.25 new) Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 92nd General Assembly.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the
45 [March 15, 2001] order of Third Reading. HOUSE BILL 1785. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1785 AMENDMENT NO. 1. Amend House Bill 1785 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Local Library Act is amended by changing Section 4-7 as follows: (75 ILCS 5/4-7) (from Ch. 81, par. 4-7) Sec. 4-7. Each board of library trustees of a city, incorporated town, village or township shall carry out the spirit and intent of this Act in establishing, supporting and maintaining a public library or libraries for providing library service and, in addition to but without limiting other powers conferred by this Act, shall have the following powers: 1. To make and adopt such bylaws, rules and regulations, for their own guidance and for the government of the library as may be expedient, not inconsistent with this Act; 2. To have the exclusive control of the expenditure of all moneys collected for the library and deposited to the credit of the library fund; 3. To have the exclusive control of the construction of any library building and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose; 4. To purchase or lease real or personal property, and to construct an appropriate building or buildings for the use of a library established hereunder, using, at the board's option, contracts providing for all or part of the consideration to be paid through installments at stated intervals during a certain period not to exceed 20 years with interest on the unpaid balance at any lawful rate for municipal corporations in this State, except that contracts for installment purchases of real estate shall provide for not more than 75% of the total consideration to be repaid by installments, and to refund at any time any installment contract entered into pursuant to this paragraph by means of a refunding loan agreement, which may provide for installment payments of principal and interest to be made at stated intervals during a certain period not to exceed 20 years from the date of such refunding loan agreement, with interest on the unpaid principal balance at any lawful rate for municipal corporations in this State, except that no installment contract or refunding loan agreement for the same property or construction project may exceed an aggregate of 20 years; 5. To remodel or reconstruct a building erected or purchased by the board, when such building is not adapted to its purposes or needs; 6. To sell or otherwise dispose of any real or personal property that it deems no longer necessary or useful for library purposes, and to lease to others any real property not immediately useful but for which plans for ultimate use have been or will be adopted but the corporate authorities shall have the first right to purchase or lease except that in the case of the City of Chicago, this power shall be governed and limited by the Chicago Public Library Act; 7. To appoint and to fix the compensation of a qualified librarian, who shall have the authority to hire such other employees as may be necessary, to fix their compensation, and to remove such appointees, subject to the approval of the board, but these powers are subject to Division 1 of Article 10 of the
[March 15, 2001] 46 Illinois Municipal Code in municipalities in which that Division is in force. The board may also retain counsel and professional consultants as needed; 8. To contract with any public or private corporation or entity for the purpose of providing or receiving library service or of performing any and all other acts necessary and proper to carry out the responsibilities, the spirit, and the provisions of this Act. This contractual power includes, but is not limited to, participating in interstate library compacts and library systems, contracting to supply library services, and expending of any federal or State funds made available to any county, municipality, township or to the State of Illinois for library purposes. However, if a contract is for the supply of library services for residents without a public library established under the provisions of this Act, the terms of that contract will recognize the principle of equity or cost of services to non-residents expressed in this Section of this Act, and will provide for the assumption by the contracting party receiving the services of financial responsibility for the loss of or damage to any library materials provided to non-residents under the contract; 9. To join with the board or boards of any one or more libraries in this State in maintaining libraries, or for the maintenance of a common library or common library services for participants, upon such terms as may be agreed upon by and between the boards; 10. To enter into contracts and to take title to any property acquired by it for library purposes by the name and style of "The Board of Library Trustees of the (city, village, incorporated town or township) of ...." and by that name to sue and be sued; 11. To exclude from the use of the library any person who wilfully violates the rules prescribed by the board; 12. To extend the privileges and use of the library, including the borrowing of materials on an individual basis by persons residing outside of the city, incorporated town, village or township. If the board exercises this power, the privilege of library use shall be upon such terms and conditions as the board shall from time to time by its regulations prescribe, and for such privileges and use, the board shall charge a nonresident fee at least equal to the cost paid by residents of the city, incorporated town, village or township, with the cost to be determined according to the formula established by the Illinois State Library. A person residing outside of a public library service area must apply for a non-resident library card at the public library located closest to the person's principal residence. The nonresident cards shall allow for borrowing privileges at all participating public libraries in the regional library system
47 [March 15, 2001] library trustees as members in the Illinois Library Association and the American Library Association, non-profit, non-political, 501(c)(3) associations, as designated by the federal Internal Revenue Service, having the purpose of library development and librarianship; to provide for the payment of annual membership dues, fees and assessments and act by, through and in the name of such instrumentality by providing and disseminating information and research services, employing personnel and doing any and all other acts for the purpose of improving library development; 15. To invest funds pursuant to the Public Funds Investment Act; 16. To accumulate and set apart as reserve funds portions of the unexpended balances of the proceeds received annually from taxes or other sources, for the purpose of providing self-insurance against liabilities relating to the public library. (Source: P.A. 91-357, eff. 7-29-99.) Section 10. The Public Library District Act of 1991 is amended by changing Section 30-55.60 as follows: (75 ILCS 16/30-55.60) Sec. 30-55.60. Use of library by nonresidents. The board may extend the privileges and use of the library, including the borrowing of materials on an individual basis by persons residing outside the district. If the board exercises this power, the privilege of library use shall be upon terms and conditions prescribed by the board in its regulations. The board shall charge a nonresident fee for the privileges and use of the library at least equal to the cost paid by residents of the district, with the cost to be determined according to the formula established by the Illinois State Library. A person residing outside of a public library service area must apply for a non-resident library card at the public library closest to the person's principal residence. The nonresident cards shall allow for borrowing privileges at all participating public libraries in the regional library system
[March 15, 2001] 48 HOUSE BILL 1077. Having been printed, was taken up and read by title a second time. Representative Monique Davis offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1077 AMENDMENT NO. 1__. Amend House Bill 1077 on page 3, by replacing lines 3 and 4 with the following: "(e) The Department shall make detailed reports by March 31 and September 30 each year to the General Assembly regarding the progress". 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 1078. Having been printed, was taken up and read by title a second time. Representative Monique Davis offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1078 AMENDMENT NO. 1__. Amend House Bill 1078 on page 4, by replacing line 11 with the following: "(12) Make detailed reports by March 31 and September 30 each year to the General". 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 1696. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Conservation & Land Use, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1696 AMENDMENT NO. 1__. Amend House Bill 1696 on page 1, by replacing lines 21 and 22 with the following: "4-year degree."; and on page 1, by replacing line 26 with the following: "skills equivalent to an intermediate level swimmer."; and on page 2, by replacing lines 6 and 7 with the following: "listing, the American Red Cross standards and testing points for a skill level equivalent to an intermediate level swimmer.". 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 1985. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed:
49 [March 15, 2001] AMENDMENT NO. 1 TO HOUSE BILL 1985 AMENDMENT NO. 1. Amend House Bill 1985 on page 1, line 5, by replacing "5-5, 5-8," with "5-8"; and on page 1, by deleting lines 6 through 31; and by deleting all of pages 2 through 9; and on page 10, by deleting lines 1 through 19; and on page 10, by deleting lines 32 and 33; and on page 11, by replacing lines 1 and 2 with the following: "The". 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 2230. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on The Disabled Community, adopted and printed: "GET AMENDMENT NO. 1 HERE". 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 2233. 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 HOUSE BILL 2233 AMENDMENT NO. 1. Amend House Bill 2233 on page 1, line 17, after "and", by inserting ", if applicable, the person's"; and on page 2, below line 30, by inserting the following: "(f) This Section does not apply to any of the following or to any officer, member, or employee of any of the following: the General Assembly, either house of the General Assembly, any committee or subcommittee of the General Assembly or of either of its houses, or any Legislative Support Services Agency."; and on page 4, line 30, after "records", by inserting "from units of local government"; and on page 6, below line 9, by inserting the following: "(e) This Section does not apply to any of the following or to any officer, member, or employee of any of the following: the General Assembly, either house of the General Assembly, any committee or subcommittee of the General Assembly or of either of its houses, or any Legislative Support Services Agency.". 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 2265. Having been printed, was taken up and read by title a second time. Representative Brosnahan offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2265 AMENDMENT NO. 1. Amend House Bill 2265 as follows: by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Section
[March 15, 2001] 50 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Secretary of State DUI Administration Fund. Section 10. The Illinois Vehicle Code is amended by changing Sections 2-118, 3-402, 6-205, 6-206, 6-206.2, 6-208, and 11-501 as follows: (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118) Sec. 2-118. Hearings. (a) Upon the suspension, revocation or denial of the issuance of a license, permit, registration or certificate of title under this Code of any person the Secretary of State shall immediately notify such person in writing and upon his written request shall, within 20 days after receipt thereof, set a date for a hearing to commence within 90 calendar days from the date of the written request for all requests related to a suspension, revocation, or the denial of the issuance of a license, permit, registration, or certificate of title occurring after July 1, 2002
51 [March 15, 2001] of the Secretary of State hereunder. (Source: P.A. 91-823, eff. 1-1-01.) (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) Sec. 3-402. Vehicles subject to registration; exceptions. A. Exemptions and Policy. Every motor vehicle, trailer, semitrailer and pole trailer when driven or moved upon a highway shall be subject to the registration and certificate of title provisions of this Chapter except: (1) Any such vehicle driven or moved upon a highway in conformance with the provisions of this Chapter relating to manufacturers, transporters, dealers, lienholders or nonresidents or under a temporary registration permit issued by the Secretary of State; (2) Any implement of husbandry whether of a type otherwise subject to registration hereunder or not which is only incidentally operated or moved upon a highway, which shall include a not-for-hire movement for the purpose of delivering farm commodities to a place of first processing or sale, or to a place of storage; (3) Any special mobile equipment as herein defined; (4) Any vehicle which is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails; (5) Any vehicle which is equipped and used exclusively as a pumper, ladder truck, rescue vehicle, searchlight truck, or other fire apparatus, but not a vehicle of a type which would otherwise be subject to registration as a vehicle of the first division; (6) Any vehicle which is owned and operated by the federal government and externally displays evidence of federal ownership. It is the policy of the State of Illinois to promote and encourage the fullest use of its highways and to enhance the flow of commerce thus contributing to the economic, agricultural, industrial and social growth and development of this State, by authorizing the Secretary of State to negotiate and enter into reciprocal or proportional agreements or arrangements with other States, or to issue declarations setting forth reciprocal exemptions, benefits and privileges with respect to vehicles operated interstate which are properly registered in this and other States, assuring nevertheless proper registration of vehicles in Illinois as may be required by this Code; (7) Any converter dolly or tow dolly which merely serves as substitute wheels for another legally licensed vehicle. A title may be issued on a voluntary basis to a tow dolly upon receipt of the manufacturer's certificate of origin or the bill of sale; (8) Any house trailer found to be an abandoned mobile home under the Abandoned Mobile Home Act; (9) Any vehicle that is not properly registered or does not have registration plates issued to the owner or operator affixed thereto, or that does have registration plates issued to the owner or operator affixed thereto but the plates are not appropriate for the weight of the vehicle, provided that this exemption shall apply only while the vehicle is being transported or operated by a towing service and has a third tow plate affixed to it. B. Reciprocity. Any motor vehicle, trailer, semitrailer or pole trailer need not be registered under this Code provided the same is operated interstate and in accordance with the following provisions and any rules and regulations promulgated pursuant thereto: (1) A nonresident owner, except as otherwise provided in this Section, owning any foreign registered vehicle of a type otherwise subject to registration hereunder, may operate or permit the operation of such vehicle within this State in interstate commerce without registering such vehicle in, or paying any fees to, this State subject to the condition that such vehicle at all times when operated in this State is operated pursuant to a reciprocity agreement, arrangement or declaration by this State, and further subject to the condition that such vehicle at all times when
[March 15, 2001] 52 operated in this State is duly registered in, and displays upon it, a valid registration card and registration plate or plates issued for such vehicle in the place of residence of such owner and is issued and maintains in such vehicle a valid Illinois reciprocity permit as required by the Secretary of State, and provided like privileges are afforded to residents of this State by the State of residence of such owner. Every nonresident including any foreign corporation carrying on business within this State and owning and regularly operating in such business any motor vehicle, trailer or semitrailer within this State in intrastate commerce, shall be required to register each such vehicle and pay the same fees therefor as is required with reference to like vehicles owned by residents of this State. (2) Any motor vehicle, trailer, semitrailer and pole trailer operated interstate need not be registered in this State, provided: (a) same is properly registered in another State pursuant to law or to a reciprocity agreement, arrangement or declaration; or (b) that such vehicle is part of a fleet of vehicles owned or operated by the same person who registers such fleet of vehicles pro rata among the various States in which such fleet operates; or (c) that such vehicle is part of a fleet of vehicles, a portion of which are registered with the Secretary of State of Illinois in accordance with an agreement or arrangement concurred in by the Secretary of State of Illinois based on one or more of the following factors: ratio of miles in Illinois as against total miles in all jurisdictions; situs or base of a vehicle, or where it is principally garaged, or from whence it is principally dispatched or where the movements of such vehicle usually originate; situs of the residence of the owner or operator thereof, or of his principal office or offices, or of his places of business; the routes traversed and whether regular or irregular routes are traversed, and the jurisdictions traversed and served; and such other factors as may be deemed material by the Secretary and the motor vehicle administrators of the other jurisdictions involved in such apportionment; and (d) that such vehicles shall maintain therein any reciprocity permit which may be required by the Secretary of State pursuant to rules and regulations which the Secretary of State may promulgate in the administration of this Code, in the public interest. (3) (a) In order to effectuate the purposes of this Code, the Secretary of State of Illinois is empowered to negotiate and execute written reciprocal agreements or arrangements with the duly authorized representatives of other jurisdictions, including States, districts, territories and possessions of the United States, and foreign states, provinces, or countries, granting to owners or operators of vehicles duly registered or licensed in such other jurisdictions and for which evidence of compliance is supplied, benefits, privileges and exemption from the payment, wholly or partially, of any taxes, fees or other charges imposed with respect to the ownership or operation of such vehicles by the laws of this State except the tax imposed by the Motor Fuel Tax Law, approved March 25, 1929, as amended, and the tax imposed by the Use Tax Act, approved July 14, 1955, as amended. The Secretary of State may negotiate agreements or arrangements as are in the best interests of this State and the residents of this State pursuant to the policies expressed in this Section taking into consideration the reciprocal exemptions, benefits and privileges available and accruing to residents of this State and vehicles registered in this State. (b) Such reciprocal agreements or arrangements shall provide that vehicles duly registered or licensed in this
53 [March 15, 2001] State when operated upon the highways of such other jurisdictions, shall receive exemptions, benefits and privileges of a similar kind or to a similar degree as extended to vehicles from such jurisdictions in this State. (c) Such agreements or arrangements may also authorize the apportionment of registration or licensing of fleets of vehicles operated interstate, based on any or all of the following factors: ratio of miles in Illinois as against total miles in all jurisdictions; situs or base of a vehicle, or where it is principally garaged or from whence it is principally dispatched or where the movements of such vehicle usually originate; situs of the residence of the owner or operator thereof, or of his principal office or offices, or of his places of business; the routes traversed and whether regular or irregular routes are traversed, and the jurisdictions traversed and served; and such other factors as may be deemed material by the Secretary and the motor vehicle administrators of the other jurisdictions involved in such apportionment, and such vehicles shall likewise be entitled to reciprocal exemptions, benefits and privileges. (d) Such agreements or arrangements shall also provide that vehicles being operated in intrastate commerce in Illinois shall comply with the registration and licensing laws of this State, except that vehicles which are part of an apportioned fleet may conduct an intrastate operation incidental to their interstate operations. Any motor vehicle properly registered and qualified under any reciprocal agreement or arrangement under this Code and not having a situs or base within Illinois may complete the inbound movement of a trailer or semitrailer to an Illinois destination that was brought into Illinois by a motor vehicle also properly registered and qualified under this Code and not having a situs or base within Illinois, or may complete an outbound movement of a trailer or semitrailer to an out-of-state destination that was originated in Illinois by a motor vehicle also properly registered and qualified under this Code and not having a situs or base in Illinois, only if the operator thereof did not break bulk of the cargo laden in such inbound or outbound trailer or semitrailer. Adding or unloading intrastate cargo on such inbound or outbound trailer or semitrailer shall be deemed as breaking bulk. (e) Such agreements or arrangements may also provide for the determination of the proper State in which leased vehicles shall be registered based on the factors set out in subsection (c) above and for apportionment of registration of fleets of leased vehicles by the lessee or by the lessor who leases such vehicles to persons who are not fleet operators. (f) Such agreements or arrangements may also include reciprocal exemptions, benefits or privileges accruing under The Illinois Driver Licensing Law or The Driver License Compact. (4) The Secretary of State is further authorized to examine the laws and requirements of other jurisdictions, and, in the absence of a written agreement or arrangement, to issue a written declaration of the extent and nature of the exemptions, benefits and privileges accorded to vehicles of this State by such other jurisdictions, and the extent and nature of reciprocal exemptions, benefits and privileges thereby accorded by this State to the vehicles of such other jurisdictions. A declaration by the Secretary of State may include any, part or all reciprocal exemptions, benefits and privileges or provisions as may be included within an agreement or arrangement. (5) All agreements, arrangements, declarations and amendments thereto, shall be in writing and become effective when signed by the Secretary of State, and copies of all such documents shall be available to the public upon request.
[March 15, 2001] 54 (6) The Secretary of State is further authorized to require the display by foreign registered trucks, truck-tractors and buses, entitled to reciprocal benefits, exemptions or privileges hereunder, a reciprocity permit for external display before any such reciprocal benefits, exemptions or privileges are granted. The Secretary of State shall provide suitable application forms for such permit and shall promulgate and publish reasonable rules and regulations for the administration and enforcement of the provisions of this Code including a provision for revocation of such permit as to any vehicle operated wilfully in violation of the terms of any reciprocal agreement, arrangement or declaration or in violation of the Illinois Motor Carrier of Property Law, as amended. (7) (a) Upon the suspension, revocation or denial of one or more of all reciprocal benefits, privileges and exemptions existing pursuant to the terms and provisions of this Code or by virtue of a reciprocal agreement or arrangement or declaration thereunder; or, upon the suspension, revocation or denial of a reciprocity permit; or, upon any action or inaction of the Secretary in the administration and enforcement of the provisions of this Code, any person, resident or nonresident, so aggrieved, may serve upon the Secretary, a petition in writing and under oath, setting forth the grievance of the petitioner, the grounds and basis for the relief sought, and all necessary facts and particulars, and request an administrative hearing thereon. Within 20 days, the Secretary shall set a hearing date as early as practical. The Secretary may, in his discretion, supply forms for such a petition. The Secretary may require the payment of a fee of not more than $50 for the filing of any petition, motion, or request for hearing conducted pursuant to this Section. These fees must be deposited into the Secretary of State DUI Administration Fund, a special fund that is hereby created in the State treasury, and, subject to appropriation and as directed by the Secretary of State, shall be used to fund the operation of the hearings department of the Office of the Secretary of State and for no other purpose. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. (b) The Secretary may likewise, in his discretion and upon his own petition, order a hearing, when in his best judgment, any person is not entitled to the reciprocal benefits, privileges and exemptions existing pursuant to the terms and provisions of this Code or under a reciprocal agreement or arrangement or declaration thereunder or that a vehicle owned or operated by such person is improperly registered or licensed, or that an Illinois resident has improperly registered or licensed a vehicle in another jurisdiction for the purposes of violating or avoiding the registration laws of this State. (c) The Secretary shall notify a petitioner or any other person involved of such a hearing, by giving at least 10 days notice, in writing, by U.S. Mail, Registered or Certified, or by personal service, at the last known address of such petitioner or person, specifying the time and place of such hearing. Such hearing shall be held before the Secretary, or any person as he may designate, and unless the parties mutually agree to some other county in Illinois, the hearing shall be held in the County of Sangamon or the County of Cook. Appropriate records of the hearing shall be kept, and the Secretary shall issue or cause to be issued, his decision on the case, within 30 days after the close of such hearing or within 30 days after receipt of the transcript thereof, and a copy shall likewise be served or mailed to the petitioner or person involved. (d) The actions or inactions or determinations, or
55 [March 15, 2001] findings and decisions upon an administrative hearing, of the Secretary, shall be subject to judicial review in the Circuit Court of the County of Sangamon or the County of Cook, and the provisions of the Administrative Review Law, and all amendments and modifications thereof and rules adopted pursuant thereto, apply to and govern all such reviewable matters. Any reciprocal agreements or arrangements entered into by the Secretary of State or any declarations issued by the Secretary of State pursuant to any law in effect prior to the effective date of this Code are not hereby abrogated, and such shall continue in force and effect until amended pursuant to the provisions of this Code or expire pursuant to the terms or provisions thereof. (Source: P.A. 89-433, eff. 12-15-95; 90-89, eff. 1-1-98.) (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) Sec. 6-205. Mandatory revocation of license or permit; Hardship cases. (a) Except as provided in this Section, the Secretary of State shall immediately revoke the license or permit of any driver upon receiving a report of the driver's conviction of any of the following offenses: 1. Reckless homicide resulting from the operation of a motor vehicle; 2. Violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof; 3. Any felony under the laws of any State or the federal government in the commission of which a motor vehicle was used; 4. Violation of Section 11-401 of this Code relating to the offense of leaving the scene of a traffic accident involving death or personal injury; 5. Perjury or the making of a false affidavit or statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles; 6. Conviction upon 3 charges of violation of Section 11-503 of this Code relating to the offense of reckless driving committed within a period of 12 months; 7. Conviction of the offense of automobile theft as defined in Section 4-102 of this Code; 8. Violation of Section 11-504 of this Code relating to the offense of drag racing; 9. Violation of Chapters 8 and 9 of this Code; 10. Violation of Section 12-5 of the Criminal Code of 1961 arising from the use of a motor vehicle; 11. Violation of Section 11-204.1 of this Code relating to aggravated fleeing or attempting to elude a police officer; 12. Violation of paragraph (1) of subsection (b) of Section 6-507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle; 13. Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense. (b) The Secretary of State shall also immediately revoke the license or permit of any driver in the following situations: 1. Of any minor upon receiving the notice provided for in Section 5-901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in Section 4-103 of this Code; 2. Of any person when any other law of this State requires either the revocation or suspension of a license or permit.
[March 15, 2001] 56 (c) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment related duties, or to allow transportation for the petitioner or a household member of the petitioner's family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and the petitioner will not endanger the public safety or welfare; provided that the Secretary's discretion shall be limited to cases where undue hardship would result from a failure to issue the restricted driving permit. If a person's license or permit has been revoked or suspended 2 or more times due to 2 or more convictions within a 10 year period for Section 11-501 of this Code or similar provisions of local ordinances or similar out-of-state offenses, or 2 or more statutory summary suspensions under Section 11-501.1, or any combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. If the Restricted Driving Permit issued by the Office of Secretary of State was issued on the basis of hardship, due to that person's need to travel as a means of employment, then this provision does not apply to an occupational vehicle owned or leased by that person's employer. In each case the Secretary of State may issue a restricted driving permit for a period he deems appropriate, except that the permit shall expire within one year from the date of issuance. The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any combination thereof, until the expiration of at least one year from the date of the revocation. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted driving permit if the permit holder does not successfully complete the program. However, if an individual's driving privileges have been revoked in accordance with paragraph 13 of subsection (a) of this Section, no restricted driving permit shall be issued until the individual has served 6 months of the revocation period. (d) Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar provision of a local ordinance, the Secretary of State shall revoke the driving privileges of that person. One year after the date of revocation, and upon application, the Secretary of State may, if satisfied that the person
57 [March 15, 2001] applying will not endanger the public safety or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle only between the hours of 5 a.m. and 9 p.m. or as otherwise provided by this Section for a period of one year. After this one year period, and upon reapplication for a license as provided in Section 6-106, upon payment of the appropriate reinstatement fee provided under paragraph (b) of Section 6-118, the Secretary of State, in his discretion, may issue the applicant a license, or extend the restricted driving permit as many times as the Secretary of State deems appropriate, by additional periods of not more than 12 months each, until the applicant attains 21 years of age. If a person's license or permit has been revoked or suspended 2 or more times, due to 2 or more convictions within a 10 year period for Section 11-501 of this Code or similar provisions of local ordinances or similar out-of-state offenses, or 2 or more statutory summary suspensions under Section 11-501.1, or any combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. If the Restricted Driving Permit issued by the Office of Secretary of State was issued on the basis of hardship, due to that person's need to travel as a means of employment, then this provision does not apply to an occupational vehicle owned or leased by that person's employer. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit.
[March 15, 2001] 58 a driver's license or permit is required upon conviction; 2. Has been convicted of not less than 3 offenses against traffic regulations governing the movement of vehicles committed within any 12 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction; 3. Has been repeatedly involved as a driver in motor vehicle collisions or has been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway; 4. Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a medical facility or doctor's office to any person, except that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later; 5. Has permitted an unlawful or fraudulent use of a driver's license, identification card, or permit; 6. Has been lawfully convicted of an offense or offenses in another state, including the authorization contained in Section 6-203.1, which if committed within this State would be grounds for suspension or revocation; 7. Has refused or failed to submit to an examination provided for by Section 6-207 or has failed to pass the examination; 8. Is ineligible for a driver's license or permit under the provisions of Section 6-103; 9. Has made a false statement or knowingly concealed a material fact or has used false information or identification in any application for a license, identification card, or permit; 10. Has possessed, displayed, or attempted to fraudulently use any license, identification card, or permit not issued to the person; 11. Has operated a motor vehicle upon a highway of this State when the person's driving privilege or privilege to obtain a driver's license or permit was revoked or suspended unless the operation was authorized by a judicial driving permit, probationary license to drive, or a restricted driving permit issued under this Code; 12. Has submitted to any portion of the application process for another person or has obtained the services of another person to submit to any portion of the application process for the purpose of obtaining a license, identification card, or permit for some other person; 13. Has operated a motor vehicle upon a highway of this State when the person's driver's license or permit was invalid under the provisions of Sections 6-107.1 and 6-110; 14. Has committed a violation of Section 6-301, 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B of the Illinois Identification Card Act; 15. Has been convicted of violating Section 21-2 of the Criminal Code of 1961 relating to criminal trespass to vehicles in which case, the suspension shall be for one year; 16. Has been convicted of violating Section 11-204 of this Code relating to fleeing from a police officer; 17. Has refused to submit to a test, or tests, as required under Section 11-501.1 of this Code and the person has not sought a hearing as provided for in Section 11-501.1; 18. Has, since issuance of a driver's license or permit, been adjudged to be afflicted with or suffering from any mental disability or disease; 19. Has committed a violation of paragraph (a) or (b) of
59 [March 15, 2001] Section 6-101 relating to driving without a driver's license; 20. Has been convicted of violating Section 6-104 relating to classification of driver's license; 21. Has been convicted of violating Section 11-402 of this Code relating to leaving the scene of an accident resulting in damage to a vehicle in excess of $1,000, in which case the suspension shall be for one year; 22. Has used a motor vehicle in violating paragraph (3), (4), (7), or (9) of subsection (a) of Section 24-1 of the Criminal Code of 1961 relating to unlawful use of weapons, in which case the suspension shall be for one year; 23. Has, as a driver, been convicted of committing a violation of paragraph (a) of Section 11-502 of this Code for a second or subsequent time within one year of a similar violation; 24. Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6-205 or 6-206 of this Code; 25. Has permitted any form of identification to be used by another in the application process in order to obtain or attempt to obtain a license, identification card, or permit; 26. Has altered or attempted to alter a license or has possessed an altered license, identification card, or permit; 27. Has violated Section 6-16 of the Liquor Control Act of 1934; 28. Has been convicted of the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act or any cannabis prohibited under the provisions of the Cannabis Control Act, in which case the person's driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the provisions of the Illinois Controlled Substances Act or any cannabis prohibited under the Cannabis Control Act shall be suspended for 5 years. Any defendant found guilty of this offense while operating a motor vehicle, shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State; 29. Has been convicted of the following offenses that were committed while the person was operating or in actual physical control, as a driver, of a motor vehicle: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a juvenile prostitute and the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse in which case the driver's driving privileges shall be suspended for one year; 30. Has been convicted a second or subsequent time for any combination of the offenses named in paragraph 29 of this subsection, in which case the person's driving privileges shall be suspended for 5 years; 31. Has refused to submit to a test as required by Section 11-501.6 or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act or a controlled substance as listed in the Illinois Controlled Substances Act in which case the penalty shall be as prescribed in Section 6-208.1; 32. Has been convicted of Section 24-1.2 of the Criminal Code of 1961 relating to the aggravated discharge of a firearm if the
[March 15, 2001] 60 offender was located in a motor vehicle at the time the firearm was discharged, in which case the suspension shall be for 3 years; 33. Has as a driver, who was less than 21 years of age on the date of the offense, been convicted a first time of a violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance; 34. Has committed a violation of Section 11-1301.5 of this Code; 35. Has committed a violation of Section 11-1301.6 of this Code; or 36. Is under the age of 21 years at the time of arrest and has been convicted of not less than 2 offenses against traffic regulations governing the movement of vehicles committed within any 24 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction. For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this subsection, license means any driver's license, any traffic ticket issued when the person's driver's license is deposited in lieu of bail, a suspension notice issued by the Secretary of State, a duplicate or corrected driver's license, a probationary driver's license or a temporary driver's license. (b) If any conviction forming the basis of a suspension or revocation authorized under this Section is appealed, the Secretary of State may rescind or withhold the entry of the order of suspension or revocation, as the case may be, provided that a certified copy of a stay order of a court is filed with the Secretary of State. If the conviction is affirmed on appeal, the date of the conviction shall relate back to the time the original judgment of conviction was entered and the 6 month limitation prescribed shall not apply. (c) 1. Upon suspending or revoking the driver's license or permit of any person as authorized in this Section, the Secretary of State shall immediately notify the person in writing of the revocation or suspension. The notice to be deposited in the United States mail, postage prepaid, to the last known address of the person. 2. If the Secretary of State suspends the driver's license of a person under subsection 2 of paragraph (a) of this Section, a person's privilege to operate a vehicle as an occupation shall not be suspended, provided an affidavit is properly completed, the appropriate fee received, and a permit issued prior to the effective date of the suspension, unless 5 offenses were committed, at least 2 of which occurred while operating a commercial vehicle in connection with the driver's regular occupation. All other driving privileges shall be suspended by the Secretary of State. Any driver prior to operating a vehicle for occupational purposes only must submit the affidavit on forms to be provided by the Secretary of State setting forth the facts of the person's occupation. The affidavit shall also state the number of offenses committed while operating a vehicle in connection with the driver's regular occupation. The affidavit shall be accompanied by the driver's license. Upon receipt of a properly completed affidavit, the Secretary of State shall issue the driver a permit to operate a vehicle in connection with the driver's regular occupation only. Unless the permit is issued by the Secretary of State prior to the date of suspension, the privilege to drive any motor vehicle shall be suspended as set forth in the notice that was mailed under this Section. If an affidavit is received subsequent to the effective date of this suspension, a permit may be issued for the remainder of the suspension period. The provisions of this subparagraph shall not apply to any driver required to obtain a commercial driver's license under Section 6-507 during the period of a disqualification of commercial driving privileges under Section 6-514. Any person who falsely states any fact in the affidavit required herein shall be guilty of perjury under Section 6-302 and upon conviction thereof shall have all driving privileges revoked without further rights.
61 [March 15, 2001] 3. At the conclusion of a hearing under Section 2-118 of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an order of suspension; or, good cause appearing therefor, rescind, continue, change, or extend the order of suspension. If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship, issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of his employment related duties, or to allow transportation for the petitioner, or a household member of the petitioner's family, to receive necessary medical care and if the professional evaluation indicates, provide transportation for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and the petitioner will not endanger the public safety or welfare. If a person's license or permit has been revoked or suspended 2 or more times due to 2 or more convictions within a 10 year period for Section 11-501 of this Code or similar provisions of local ordinances or similar out-of-state offenses, or 2 or more statutory summary suspensions under Section 11-501.1, or any combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. If the Restricted Driving Permit issued by the Office of Secretary of State was issued on the basis of hardship, due to that person's need to travel as a means of employment, then this provision does not apply to an occupational vehicle owned or leased by that person's employer. In each case the Secretary may issue a restricted driving permit for a period deemed appropriate, except that all permits shall expire within one year from the date of issuance. The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any combination of those offenses, until the expiration of at least one year from the date of the revocation. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted driving permit if the permit holder does not successfully complete the program. (c-5) The Secretary of State may, as a condition of the reissuance of a driver's license or permit to an applicant under the age of 18 years whose driver's license or permit has been suspended pursuant to any of the provisions of this Section, require the applicant to participate in a driver remedial education course and be retested under Section 6-109 of this Code.
[March 15, 2001] 62 (d) This Section is subject to the provisions of the Drivers License Compact. (e) The Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose driving privileges have been suspended or revoked under any provisions of this Code. (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) (625 ILCS 5/6-206.2) Sec. 6-206.2. Violations relating to an ignition interlock device. (a) It is unlawful for any person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle. (b) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device. (c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device. (d) Except as provided in subsection (c)(17) of Section 5-6-3.1 of the Unified Code of Corrections or by rule, no person shall knowingly rent, lease, or lend a motor vehicle to a person known to have his or her driving privilege restricted by being prohibited from operating a vehicle not equipped with an ignition interlock device, unless the vehicle is equipped with a functioning ignition interlock device. Any person whose driving privilege is so restricted shall notify any person intending to rent, lease, or loan a motor vehicle to the restricted person of the driving restriction imposed upon him or her. A person convicted of a violation of this subsection shall be punished by imprisonment for not more than 6 months or by a fine of not more than $5,000, or both. (e) If a person prohibited under paragraph (2) or paragraph (3) of subsection (c-4) of Section 11-501 from driving any vehicle not equipped with an ignition interlock device nevertheless is convicted of driving a vehicle that is not equipped with the device, that person is prohibited from driving any vehicle not equipped with an ignition interlock device for an additional period of time equal to the initial time period that the person was required to use an ignition interlock device. (Source: P.A. 91-127, eff. 1-1-00.) (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208) Sec. 6-208. Period of Suspension - Application After Revocation. (a) Except as otherwise provided by this Code or any other law of this State, the Secretary of State shall not suspend a driver's license, permit or privilege to drive a motor vehicle on the highways for a period of more than one year. (b) Any person whose license, permit or privilege to drive a motor vehicle on the highways has been revoked shall not be entitled to have such license, permit or privilege renewed or restored. However, such person may, except as provided under subsection (d) of Section 6-205, make application for a license pursuant to Section 6-106 (i) if the revocation was for a cause which has been removed or (ii) as provided in the following subparagraphs: 1. Except as provided in subparagraphs 2, 3, and 4, the person may make application for a license after the expiration of one year from the effective date of the revocation or, in the case of a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance, after the expiration of 3 years from the effective date of the revocation or, in the case of a violation of Section 9-3 of the Criminal Code of 1961 relating to the offense of reckless homicide, after the expiration of 2 years from the effective date of the revocation.
63 [March 15, 2001] 2. If such person is convicted of committing a second violation within a 20 year period of: (A) Section 11-501 of this Code, or a similar provision of a local ordinance; or (B) Paragraph (b) of Section 11-401 of this Code, or a similar provision of a local ordinance; or (C) Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide; or (D) any combination of the above offenses committed at different instances; then such person may not make application for a license until after the expiration of 5 years from the effective date of the most recent revocation. The 20 year period shall be computed by using the dates the offenses were committed and shall also include similar out-of-state offenses. 3. However, except as provided in subparagraph 4, if such person is convicted of committing a third, or subsequent, violation or any combination of the above offenses, including similar out-of-state offenses, contained in subparagraph 2, then such person may not make application for a license until after the expiration of 10 years from the effective date of the most recent revocation. 4. The person may not make application for a license if the person is convicted of committing a fourth or subsequent violation of Section 11-501 of this Code or a similar provision of a local ordinance, paragraph (b) of Section 11-401 of this Code, Section 9-3 of the Criminal Code of 1961, or a combination of these offenses or similar provisions of local ordinances or similar out-of-state offenses
[March 15, 2001] 64 driving; (5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or (6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act. (b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section. (c) Except as provided under paragraphs (c-3), (c-4), and (d) of this Section, every person convicted of violating this Section or a similar provision of a local ordinance, shall be guilty of a Class A misdemeanor and, in addition to any other criminal or administrative action, for any second conviction of violating this Section or a similar provision of a law of another state or local ordinance committed within 5 years of a previous violation of this Section or a similar provision of a local ordinance shall be mandatorily sentenced to a minimum of 48 consecutive hours of imprisonment or assigned to a minimum of 100 hours of community service as may be determined by the court. Every person convicted of violating this Section or a similar provision of a local ordinance shall be subject to a mandatory minimum fine of $500 and a mandatory 5 days of community service in a program benefiting children if the person committed a violation of paragraph (a) or a similar provision of a local ordinance while transporting a person under age 16. Every person convicted a second time for violating this Section or a similar provision of a local ordinance within 5 years of a previous violation of this Section or a similar provision of a law of another state or local ordinance shall be subject to a mandatory minimum fine of $500 and 10 days of mandatory community service in a program benefiting children if the current offense was committed while transporting a person under age 16. The imprisonment or assignment under this subsection shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. (c-1) (1) A person who violates this Section during a period in which his or her driving privileges are revoked or suspended, where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 4 felony. (2) A person who violates this Section a third time during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 3 felony. (3) A person who violates this Section a fourth or subsequent time during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 2 felony. (c-2) (Blank). (c-3) Every person convicted of violating this Section or a similar provision of a local ordinance who had a child under age 16 in the vehicle at the time of the offense shall have his or her punishment under this Act enhanced by 2 days of imprisonment for a first offense, 10 days of imprisonment for a second offense, 30 days of imprisonment for a third offense, and 90 days of imprisonment for a fourth or subsequent offense, in addition to the fine and community service required under subsection (c) and the possible imprisonment required under subsection (d). The
65 [March 15, 2001] imprisonment or assignment under this subsection shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. (c-4) When a person is convicted of violating 11-501 of the Illinois Vehicle Code, the following penalties apply when his or her blood or breath was .16 or more based on the definition of blood or breath units in Section 11-501.2 or when that person is convicted of violating this Section while transporting a child under the age of 16: (1) A person who violates subsection (a) of Section 11-501 of the Illinois Vehicle Code a first time is subject to a mandatory minimum of 100 hours of community service and a minimum fine of $500. (2) A person who violates subsection (a) of Section 11-501 of the Illinois Vehicle Code a second time within 10 years, in addition to any other penalty that may be imposed, is subject to a mandatory minimum of 30 days of imprisonment or 300 hours of community service, as determined by the court, and a minimum fine of $1,250, and that person is prohibited from driving any vehicle not equipped with an ignition interlock device for the duration of the suspension or revocation. The ignition interlock device must remain on the vehicle after full reinstatement of driving privileges for a period of time to be determined by the Secretary by rule. (3) A person who violates subsection (a) of Section 11-501 of the Illinois Vehicle Code a third time within 20 years is guilty of a Class 4 felony and, in addition to any other penalty that may be imposed, is subject to a mandatory minimum of 90 days of imprisonment and a minimum fine of $2,500, and that person is prohibited from driving any vehicle not equipped with an ignition interlock device for the duration of the suspension or revocation. The ignition interlock device must remain on the vehicle after full reinstatement of driving privileges for a period of time to be determined by the Secretary by rule. (4) A person who violates this subsection (c-4) a fourth or subsequent time is guilty of a Class 2 felony and, in addition to any other penalty that may be imposed, is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500. (d) (1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if: (A) the person committed a violation of this Section, or a similar provision of a law of another state or a local ordinance when the cause of action is the same as or substantially similar to this Section, for the third or subsequent time; (B) the person committed a violation of paragraph (a) while driving a school bus with children on board; (C) the person in committing a violation of paragraph (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries; or (D) the person committed a violation of paragraph (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) of this paragraph (1). (2) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is a Class 4 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to not less
[March 15, 2001] 66 than one year and not more than 3 years for a violation of subparagraph (A), (B) or (D) of paragraph (1) of this subsection (d) and not less than one year and not more than 12 years for a violation of subparagraph (C) of paragraph (1) of this subsection (d). For any prosecution under this subsection (d), a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction. (e) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem. Programs conducting these evaluations shall be licensed by the Department of Human Services. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation. (f) Every person found guilty of violating this Section, whose operation of a motor vehicle while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections. (g) The Secretary of State shall revoke the driving privileges of any person convicted under this Section or a similar provision of a local ordinance. (h) Every person sentenced under subsection (d) of this Section and who receives a term of probation or conditional discharge shall be required to serve a minimum term of either 30 days community service or, beginning July 1, 1993, 48 consecutive hours of imprisonment as a condition of the probation or conditional discharge. This mandatory minimum term of imprisonment or assignment of community service shall not be suspended and shall not be subject to reduction by the court. (i) The Secretary of State may use ignition interlock device requirements when granting driving relief to individuals who have been arrested for a second or subsequent offense of this Section or a similar provision of a local ordinance. The Secretary shall establish by rule and regulation the procedures for use of the interlock system. (j) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating this Section, including any person placed on court supervision for violating this Section, shall be fined $100, payable to the circuit clerk, who shall distribute the money to the law enforcement agency that made the arrest. In the event that more than one agency is responsible for the arrest, the $100 shall be shared equally. Any moneys received by a law enforcement agency under this subsection (j) shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State. This shall include, but is not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers. Any moneys received by the Department of State Police under this subsection (j) shall be deposited into the State Police DUI Fund and shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State. (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) Section 15. The Unified Code of Corrections is amended by changing Sections 5-5-3 and 5-6-3 as follows: (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) Sec. 5-5-3. Disposition. (a) Every person convicted of an offense shall be sentenced as provided in this Section. (b) The following options shall be appropriate dispositions, alone or in combination, for all felonies and misdemeanors other than those identified in subsection (c) of this Section: (1) A period of probation.
67 [March 15, 2001] (2) A term of periodic imprisonment. (3) A term of conditional discharge. (4) A term of imprisonment. (5) An order directing the offender to clean up and repair the damage, if the offender was convicted under paragraph (h) of Section 21-1 of the Criminal Code of 1961. (6) A fine. (7) An order directing the offender to make restitution to the victim under Section 5-5-6 of this Code. (8) A sentence of participation in a county impact incarceration program under Section 5-8-1.2 of this Code. Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. However, if the individual is not a resident of Illinois, the court may accept an alcohol or other drug evaluation or remedial education program in the state of such individual's residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards. In addition to any other fine or penalty required by law, any individual convicted of a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of local ordinance, whose operation of a motor vehicle while in violation of Section 11-501 or such ordinance proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response. Such restitution shall not exceed $500 per public agency for each such emergency response. For the purpose of this paragraph, emergency response shall mean any incident requiring a response by: a police officer as defined under Section 1-162 of the Illinois Vehicle Code; a fireman carried on the rolls of a regularly constituted fire department; and an ambulance as defined under Section 4.05 of the Emergency Medical Services (EMS) Systems Act. Neither a fine nor restitution shall be the sole disposition for a felony and either or both may be imposed only in conjunction with another disposition. (c) (1) When a defendant is found guilty of first degree murder the State may either seek a sentence of imprisonment under Section 5-8-1 of this Code, or where appropriate seek a sentence of death under Section 9-1 of the Criminal Code of 1961. (2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the minimum term of imprisonment set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment: (A) First degree murder where the death penalty is not imposed. (B) Attempted first degree murder. (C) A Class X felony. (D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation of subdivision (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing cocaine or an analog thereof. (E) A violation of Section 5.1 or 9 of the Cannabis Control Act. (F) A Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which
[March 15, 2001] 68 he or she is being sentenced, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act. (G) Residential burglary, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act. (H) Criminal sexual assault, except as otherwise provided in subsection (e) of this Section. (I) Aggravated battery of a senior citizen. (J) A forcible felony if the offense was related to the activities of an organized gang. Before July 1, 1994, for the purposes of this paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes. Beginning July 1, 1994, for the purposes of this paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (K) Vehicular hijacking. (L) A second or subsequent conviction for the offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action. (M) A second or subsequent conviction for the offense of institutional vandalism if the damage to the property exceeds $300. (N) A Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners Identification Card Act. (O) A violation of Section 12-6.1 of the Criminal Code of 1961. (P) A violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961. (Q) A violation of Section 20-1.2 of the Criminal Code of 1961. (R) A violation of Section 24-3A of the Criminal Code of 1961. (3) A minimum term of imprisonment of not less than 48 consecutive hours or 100 hours of community service as may be determined by the court shall be imposed for a second or subsequent violation committed within 5 years of a previous violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance. (4) A minimum term of imprisonment of not less than 7 consecutive days or 30 days of community service shall be imposed for a violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code. (4.1) A minimum term of 30 consecutive days of imprisonment, 40 days of 24 hour periodic imprisonment or 720 hours of community service, as may be determined by the court, shall be imposed for a violation of Section 11-501 of the Illinois Vehicle Code during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of Section 11-501 or Section 11-501.1 of that Code. (5) The court may sentence an offender convicted of a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to: (A) a period of conditional discharge; (B) a fine; (C) make restitution to the victim under Section 5-5-6 of this Code. (6) In no case shall an offender be eligible for a disposition of probation or conditional discharge for a Class 1
69 [March 15, 2001] felony committed while he was serving a term of probation or conditional discharge for a felony. (7) When a defendant is adjudged a habitual criminal under Article 33B of the Criminal Code of 1961, the court shall sentence the defendant to a term of natural life imprisonment. (8) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted of any Class 2 or greater Class felonies in Illinois, and such charges are separately brought and tried and arise out of different series of acts, such defendant shall be sentenced as a Class X offender. This paragraph shall not apply unless (1) the first felony was committed after the effective date of this amendatory Act of 1977; and (2) the second felony was committed after conviction on the first; and (3) the third felony was committed after conviction on the second. (9) A defendant convicted of a second or subsequent offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment. (10) When a person is convicted of violating Section 11-501 of the Illinois Vehicle Code, the following penalties apply when his or her blood or breath was .16 or more based on the definition of blood or breath units in Section 11-501.2 or that person is convicted of violating Section 11-501 of the Illinois Vehicle Code while transporting a child under the age of 16: (A) For a first violation of subsection (a) of Section 11-501: a mandatory minimum of 100 hours of community service and a minimum fine of $500. (B) For a second violation of subsection (a) of Section 11-501 within 10 years: a mandatory minimum of 30 days of imprisonment or 300 hours of community service, as determined by the court, and a minimum fine of $1,250. (C) For a third violation of subsection (a) of Section 11-501 within 20 years: a mandatory minimum of 90 days of imprisonment and a minimum fine of $2,500. (D) For a fourth or subsequent violation of subsection (a) of Section 11-501: ineligibility for a sentence of probation or conditional discharge and a minimum fine of $2,500. (d) In any case in which a sentence originally imposed is vacated, the case shall be remanded to the trial court. The trial court shall hold a hearing under Section 5-4-1 of the Unified Code of Corrections which may include evidence of the defendant's life, moral character and occupation during the time since the original sentence was passed. The trial court shall then impose sentence upon the defendant. The trial court may impose any sentence which could have been imposed at the original trial subject to Section 5-5-4 of the Unified Code of Corrections. (e) In cases where prosecution for criminal sexual assault or aggravated criminal sexual abuse under Section 12-13 or 12-16 of the Criminal Code of 1961 results in conviction of a defendant who was a family member of the victim at the time of the commission of the offense, the court shall consider the safety and welfare of the victim and may impose a sentence of probation only where: (1) the court finds (A) or (B) or both are appropriate: (A) the defendant is willing to undergo a court approved counseling program for a minimum duration of 2 years; or (B) the defendant is willing to participate in a court approved plan including but not limited to the defendant's: (i) removal from the household; (ii) restricted contact with the victim; (iii) continued financial support of the family; (iv) restitution for harm done to the victim; and (v) compliance with any other measures that the court may deem appropriate; and (2) the court orders the defendant to pay for the victim's counseling services, to the extent that the court finds, after
[March 15, 2001] 70 considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense. Probation may be revoked or modified pursuant to Section 5-6-4; except where the court determines at the hearing that the defendant violated a condition of his or her probation restricting contact with the victim or other family members or commits another offense with the victim or other family members, the court shall revoke the defendant's probation and impose a term of imprisonment. For the purposes of this Section, "family member" and "victim" shall have the meanings ascribed to them in Section 12-12 of the Criminal Code of 1961. (f) This Article shall not deprive a court in other proceedings to order a forfeiture of property, to suspend or cancel a license, to remove a person from office, or to impose any other civil penalty. (g) Whenever a defendant is convicted of an offense under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the defendant shall undergo medical testing to determine whether the defendant has any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS). Any such medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the defendant's person. Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed. The court shall notify the defendant of the test results. The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or legal guardian of the test results. The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible. A State's Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State's Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant. The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant. (g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public Health including but not limited to tuberculosis, the results of the test shall be personally delivered by the warden or his or her designee in a sealed envelope to the judge of the court in which the inmate must appear for the judge's inspection in camera if requested by the judge. Acting in accordance with the best interests of those in the courtroom, the judge shall have the discretion to determine what if any precautions need to be taken to prevent transmission of the disease in the courtroom. (h) Whenever a defendant is convicted of an offense under Section 1 or 2 of the Hypodermic Syringes and Needles Act, the defendant shall undergo medical testing to determine whether the defendant has been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing
71 [March 15, 2001] and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera. Acting in accordance with the best interests of the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed. The court shall notify the defendant of a positive test showing an infection with the human immunodeficiency virus (HIV). The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible. A State's Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State's Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant. The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant. (i) All fines and penalties imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act. (j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, or any violation of the Cannabis Control Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substance Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis. When a defendant is so employed, the court shall order the Clerk of the Court to send a copy of the judgment of conviction or order of supervision or probation to the defendant's employer by certified mail. If the employer of the defendant is a school, the Clerk of the Court shall direct the mailing of a copy of the judgment of conviction or order of supervision or probation to the appropriate regional superintendent of schools. The regional superintendent of schools shall notify the State Board of Education of any notification under this subsection. (j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as a condition of his or her sentence be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program offered by the Department of Corrections. If a defendant fails to complete the educational training required by his or her sentence during the term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of the GED test. The Prisoner Review Board shall revoke the mandatory supervised release of a defendant who wilfully fails to comply with this subsection (j-5) upon his or her release from confinement in a penal institution while serving a mandatory supervised release term; however, the inability of the defendant after making a good faith effort to obtain financial aid or pay for the educational training shall not be deemed a wilful failure to comply. The Prisoner Review Board shall
[March 15, 2001] 72 recommit the defendant whose mandatory supervised release term has been revoked under this subsection (j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a defendant who has a high school diploma or has successfully passed the GED test. This subsection (j-5) does not apply to a defendant who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program. (k) A court may not impose a sentence or disposition for a felony or misdemeanor that requires the defendant to be implanted or injected with or to use any form of birth control. (l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State's Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when: (1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice. Otherwise, the defendant shall be sentenced as provided in this Chapter V. (B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act, the court may, upon motion of the State's Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when: (1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice. (C) This subsection (l) does not apply to offenders who are subject to the provisions of paragraph (2) of subsection (a) of Section 3-6-3. (D) Upon motion of the State's Attorney, if a defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced. Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence that was available under Section 5-5-3 at the time of initial sentencing. In addition, the defendant shall not be eligible for additional good conduct credit for meritorious service as provided under Section 3-6-6. (m) A person convicted of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961, in which the property damage exceeds $300 and the property damaged is a school building, shall be ordered to perform community service that may include cleanup, removal, or painting over the defacement. (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 12-22-99; 91-695, eff. 4-13-00.) (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) Sec. 5-6-3. Conditions of Probation and of Conditional Discharge. (a) The conditions of probation and of conditional discharge shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) report to or appear in person before such person or agency as directed by the court;
73 [March 15, 2001] (3) refrain from possessing a firearm or other dangerous weapon; (4) not leave the State without the consent of the court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer; (5) permit the probation officer to visit him at his home or elsewhere to the extent necessary to discharge his duties; (6) perform no less than 30 hours of community service and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; (7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5-6-4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program; and (8) if convicted of possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court. (b) The Court may in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each defendant in the proper discretion of the Court require that the person: (1) serve a term of periodic imprisonment under Article 7 for a period not to exceed that specified in paragraph (d) of Section 5-7-1; (2) pay a fine and costs; (3) work or pursue a course of study or vocational training;
[March 15, 2001] 74 (4) undergo medical, psychological or psychiatric treatment; or treatment for drug addiction or alcoholism; (5) attend or reside in a facility established for the instruction or residence of defendants on probation; (6) support his dependents; (7) and in addition, if a minor: (i) reside with his parents or in a foster home; (ii) attend school; (iii) attend a non-residential program for youth; (iv) contribute to his own support at home or in a foster home; (8) make restitution as provided in Section 5-5-6 of this Code; (9) perform some reasonable public or community service; (10) serve a term of home confinement. In addition to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender: (i) remain within the interior premises of the place designated for his confinement during the hours designated by the court; (ii) admit any person or agent designated by the court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and (iii) if further deemed necessary by the court or the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V; (iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code; and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be. (11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;
75 [March 15, 2001] (12) reimburse any "local anti-crime program" as defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced; (13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act; (14) refrain from entering into a designated geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge; (15) refrain from having any contact, directly or indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers; (16) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug. (c) The court may as a condition of probation or of conditional discharge require that a person under 18 years of age found guilty of any alcohol, cannabis or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If such person is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment. (d) An offender sentenced to probation or to conditional discharge shall be given a certificate setting forth the conditions thereof. (e) The court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in excess of 6 months. This 6 month limit shall not include periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2. This 6 month limit does not apply to a person sentenced to probation for a fourth or subsequent violation of subsection (c-4) of Section 11-501 of the Illinois Vehicle Code. Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to the Department of Corrections. (f) The court may combine a sentence of periodic imprisonment under Article 7 or a sentence to a county impact incarceration program under Article 8 with a sentence of probation or conditional discharge. (g) An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant's ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the
[March 15, 2001] 76 moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be. (h) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts, or to another state under an Interstate Probation Reciprocal Agreement as provided in Section 3-3-11. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. (i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992, as a condition of such probation or conditional discharge, a fee of $25 for each month of probation or conditional discharge supervision ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge to pay the fee, the court assesses a lesser fee. The court may not impose the fee on a minor who is made a ward of the State under the Juvenile Court Act of 1987 while the minor is in placement. The fee shall be imposed only upon an offender who is actively supervised by the probation and court services department. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act. (j) All fines and costs imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act. (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) 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 2266. Having been printed, was taken up and read by title a second time. Representative Brosnahan offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2266 AMENDMENT NO. 1. Amend House Bill 2266 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 6-303 as follows: (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303) Sec. 6-303. Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked. (a) Any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit, family financial responsibility
77 [March 15, 2001] driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor. (b) The Secretary of State upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle during the time when said person's driver's license, permit or privilege was suspended by the Secretary, by the appropriate authority of another state, or pursuant to Section 11-501.1; except as may be specifically allowed by a probationary license to drive, judicial driving permit or restricted driving permit issued pursuant to this Code or the law of another state; shall extend the suspension for the same period of time as the originally imposed suspension; however, if the period of suspension has then expired, the Secretary shall be authorized to suspend said person's driving privileges for the same period of time as the originally imposed suspension; and if the conviction was upon a charge which indicated that a vehicle was operated during the time when the person's driver's license, permit or privilege was revoked; except as may be allowed by a restricted driving permit issued pursuant to this Code or the law of another state; the Secretary shall not issue a driver's license for an additional period of one year from the date of such conviction indicating such person was operating a vehicle during such period of revocation. (c) Any person convicted of violating this Section shall serve a minimum term of imprisonment of 10
[March 15, 2001] 78 violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code. (d-3) Any person convicted of a fourth or subsequent violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code. (e) Any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements, in addition to other penalties imposed under this Section, shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle that was impounded and the notarized written consent for the release by the vehicle owner. (f) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction. (Source: P.A. 90-400, eff. 8-15-97; 90-738, eff. 1-1-99; 91-692, eff. 4-13-00.) Section 10. The Unified Code of Corrections is amended by changing Sections 5-5-3 and 5-6-3 as follows: (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) Sec. 5-5-3. Disposition. (a) Every person convicted of an offense shall be sentenced as provided in this Section. (b) The following options shall be appropriate dispositions, alone or in combination, for all felonies and misdemeanors other than those identified in subsection (c) of this Section: (1) A period of probation. (2) A term of periodic imprisonment. (3) A term of conditional discharge. (4) A term of imprisonment. (5) An order directing the offender to clean up and repair the damage, if the offender was convicted under paragraph (h) of Section 21-1 of the Criminal Code of 1961. (6) A fine. (7) An order directing the offender to make restitution to the victim under Section 5-5-6 of this Code. (8) A sentence of participation in a county impact incarceration program under Section 5-8-1.2 of this Code. Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. However, if the individual is not a resident of Illinois, the court may accept an alcohol or other drug evaluation or remedial education program in the state of such individual's residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards. In addition to any other fine or penalty required by law, any individual convicted of a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of local ordinance, whose operation of a motor vehicle while in violation of Section 11-501 or such
79 [March 15, 2001] ordinance proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response. Such restitution shall not exceed $500 per public agency for each such emergency response. For the purpose of this paragraph, emergency response shall mean any incident requiring a response by: a police officer as defined under Section 1-162 of the Illinois Vehicle Code; a fireman carried on the rolls of a regularly constituted fire department; and an ambulance as defined under Section 4.05 of the Emergency Medical Services (EMS) Systems Act. Neither a fine nor restitution shall be the sole disposition for a felony and either or both may be imposed only in conjunction with another disposition. (c) (1) When a defendant is found guilty of first degree murder the State may either seek a sentence of imprisonment under Section 5-8-1 of this Code, or where appropriate seek a sentence of death under Section 9-1 of the Criminal Code of 1961. (2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the minimum term of imprisonment set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment: (A) First degree murder where the death penalty is not imposed. (B) Attempted first degree murder. (C) A Class X felony. (D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation of subdivision (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing cocaine or an analog thereof. (E) A violation of Section 5.1 or 9 of the Cannabis Control Act. (F) A Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act. (G) Residential burglary, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act. (H) Criminal sexual assault, except as otherwise provided in subsection (e) of this Section. (I) Aggravated battery of a senior citizen. (J) A forcible felony if the offense was related to the activities of an organized gang. Before July 1, 1994, for the purposes of this paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes. Beginning July 1, 1994, for the purposes of this paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (K) Vehicular hijacking. (L) A second or subsequent conviction for the offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action. (M) A second or subsequent conviction for the offense of institutional vandalism if the damage to the property exceeds $300. (N) A Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners
[March 15, 2001] 80 Identification Card Act. (O) A violation of Section 12-6.1 of the Criminal Code of 1961. (P) A violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961. (Q) A violation of Section 20-1.2 of the Criminal Code of 1961. (R) A violation of Section 24-3A of the Criminal Code of 1961. (3) A minimum term of imprisonment of not less than 48 consecutive hours or 100 hours of community service as may be determined by the court shall be imposed for a second or subsequent violation committed within 5 years of a previous violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance. (4) A minimum term of imprisonment of not less than 10
81 [March 15, 2001] felony was committed after the effective date of this amendatory Act of 1977; and (2) the second felony was committed after conviction on the first; and (3) the third felony was committed after conviction on the second. (9) A defendant convicted of a second or subsequent offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment. (d) In any case in which a sentence originally imposed is vacated, the case shall be remanded to the trial court. The trial court shall hold a hearing under Section 5-4-1 of the Unified Code of Corrections which may include evidence of the defendant's life, moral character and occupation during the time since the original sentence was passed. The trial court shall then impose sentence upon the defendant. The trial court may impose any sentence which could have been imposed at the original trial subject to Section 5-5-4 of the Unified Code of Corrections. (e) In cases where prosecution for criminal sexual assault or aggravated criminal sexual abuse under Section 12-13 or 12-16 of the Criminal Code of 1961 results in conviction of a defendant who was a family member of the victim at the time of the commission of the offense, the court shall consider the safety and welfare of the victim and may impose a sentence of probation only where: (1) the court finds (A) or (B) or both are appropriate: (A) the defendant is willing to undergo a court approved counseling program for a minimum duration of 2 years; or (B) the defendant is willing to participate in a court approved plan including but not limited to the defendant's: (i) removal from the household; (ii) restricted contact with the victim; (iii) continued financial support of the family; (iv) restitution for harm done to the victim; and (v) compliance with any other measures that the court may deem appropriate; and (2) the court orders the defendant to pay for the victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense. Probation may be revoked or modified pursuant to Section 5-6-4; except where the court determines at the hearing that the defendant violated a condition of his or her probation restricting contact with the victim or other family members or commits another offense with the victim or other family members, the court shall revoke the defendant's probation and impose a term of imprisonment. For the purposes of this Section, "family member" and "victim" shall have the meanings ascribed to them in Section 12-12 of the Criminal Code of 1961. (f) This Article shall not deprive a court in other proceedings to order a forfeiture of property, to suspend or cancel a license, to remove a person from office, or to impose any other civil penalty. (g) Whenever a defendant is convicted of an offense under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the defendant shall undergo medical testing to determine whether the defendant has any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS). Any such medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the defendant's person. Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera. Acting in accordance with the best interests of
[March 15, 2001] 82 the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed. The court shall notify the defendant of the test results. The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or legal guardian of the test results. The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible. A State's Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State's Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant. The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant. (g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public Health including but not limited to tuberculosis, the results of the test shall be personally delivered by the warden or his or her designee in a sealed envelope to the judge of the court in which the inmate must appear for the judge's inspection in camera if requested by the judge. Acting in accordance with the best interests of those in the courtroom, the judge shall have the discretion to determine what if any precautions need to be taken to prevent transmission of the disease in the courtroom. (h) Whenever a defendant is convicted of an offense under Section 1 or 2 of the Hypodermic Syringes and Needles Act, the defendant shall undergo medical testing to determine whether the defendant has been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera. Acting in accordance with the best interests of the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed. The court shall notify the defendant of a positive test showing an infection with the human immunodeficiency virus (HIV). The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible. A State's Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State's Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant. The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant. (i) All fines and penalties imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act. (j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, or any violation of the Cannabis Control Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the
83 [March 15, 2001] Cannabis Control Act or Section 410 of the Illinois Controlled Substance Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis. When a defendant is so employed, the court shall order the Clerk of the Court to send a copy of the judgment of conviction or order of supervision or probation to the defendant's employer by certified mail. If the employer of the defendant is a school, the Clerk of the Court shall direct the mailing of a copy of the judgment of conviction or order of supervision or probation to the appropriate regional superintendent of schools. The regional superintendent of schools shall notify the State Board of Education of any notification under this subsection. (j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as a condition of his or her sentence be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program offered by the Department of Corrections. If a defendant fails to complete the educational training required by his or her sentence during the term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of the GED test. The Prisoner Review Board shall revoke the mandatory supervised release of a defendant who wilfully fails to comply with this subsection (j-5) upon his or her release from confinement in a penal institution while serving a mandatory supervised release term; however, the inability of the defendant after making a good faith effort to obtain financial aid or pay for the educational training shall not be deemed a wilful failure to comply. The Prisoner Review Board shall recommit the defendant whose mandatory supervised release term has been revoked under this subsection (j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a defendant who has a high school diploma or has successfully passed the GED test. This subsection (j-5) does not apply to a defendant who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program. (k) A court may not impose a sentence or disposition for a felony or misdemeanor that requires the defendant to be implanted or injected with or to use any form of birth control. (l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State's Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when: (1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice. Otherwise, the defendant shall be sentenced as provided in this Chapter V. (B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act, the court may, upon motion of the State's Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United
[March 15, 2001] 84 States or his or her designated agent when: (1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice. (C) This subsection (l) does not apply to offenders who are subject to the provisions of paragraph (2) of subsection (a) of Section 3-6-3. (D) Upon motion of the State's Attorney, if a defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced. Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence that was available under Section 5-5-3 at the time of initial sentencing. In addition, the defendant shall not be eligible for additional good conduct credit for meritorious service as provided under Section 3-6-6. (m) A person convicted of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961, in which the property damage exceeds $300 and the property damaged is a school building, shall be ordered to perform community service that may include cleanup, removal, or painting over the defacement. (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 12-22-99; 91-695, eff. 4-13-00.) (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) Sec. 5-6-3. Conditions of Probation and of Conditional Discharge. (a) The conditions of probation and of conditional discharge shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) report to or appear in person before such person or agency as directed by the court; (3) refrain from possessing a firearm or other dangerous weapon; (4) not leave the State without the consent of the court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer; (5) permit the probation officer to visit him at his home or elsewhere to the extent necessary to discharge his duties; (6) perform no less than 30 hours of community service and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; (7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the
85 [March 15, 2001] high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5-6-4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program; and (8) if convicted of possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court. (b) The Court may in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each defendant in the proper discretion of the Court require that the person: (1) serve a term of periodic imprisonment under Article 7 for a period not to exceed that specified in paragraph (d) of Section 5-7-1; (2) pay a fine and costs; (3) work or pursue a course of study or vocational training; (4) undergo medical, psychological or psychiatric treatment; or treatment for drug addiction or alcoholism; (5) attend or reside in a facility established for the instruction or residence of defendants on probation; (6) support his dependents; (7) and in addition, if a minor: (i) reside with his parents or in a foster home; (ii) attend school; (iii) attend a non-residential program for youth; (iv) contribute to his own support at home or in a foster home; (8) make restitution as provided in Section 5-5-6 of this Code; (9) perform some reasonable public or community service; (10) serve a term of home confinement. In addition to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender: (i) remain within the interior premises of the place designated for his confinement during the hours designated by the court; (ii) admit any person or agent designated by the court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and (iii) if further deemed necessary by the court or the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V; (iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional
[March 15, 2001] 86 discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code; and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be. (11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case; (12) reimburse any "local anti-crime program" as defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced; (13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act; (14) refrain from entering into a designated geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge; (15) refrain from having any contact, directly or indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers; (16) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug. (c) The court may as a condition of probation or of conditional discharge require that a person under 18 years of age found guilty of any alcohol, cannabis or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If such person is in possession of a permit or license, the court may require that the minor refrain from driving or
87 [March 15, 2001] operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment. (d) An offender sentenced to probation or to conditional discharge shall be given a certificate setting forth the conditions thereof. (e) Except where the offender has committed a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code, the court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in excess of 6 months. This 6 month limit shall not include periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2. Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to the Department of Corrections. (f) The court may combine a sentence of periodic imprisonment under Article 7 or a sentence to a county impact incarceration program under Article 8 with a sentence of probation or conditional discharge. (g) An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant's ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be. (h) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts, or to another state under an Interstate Probation Reciprocal Agreement as provided in Section 3-3-11. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. (i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992, as a condition of such probation or conditional discharge, a fee of $25 for each month of probation or conditional discharge supervision ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge to pay the fee, the court assesses a lesser fee. The court may not impose the fee on a minor who is made a ward of the State under the Juvenile Court Act of 1987 while the minor is in placement. The fee shall be imposed only upon an offender who is actively supervised by the probation and court services department. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act. (j) All fines and costs imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.
[March 15, 2001] 88 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) 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. RECALLS By unanimous consent, on motion of Representative Scully, HOUSE BILL 1046 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 Hoffman, HOUSE BILL 1 was recalled from the order of Third Reading to the order of Second Reading and held on that order. At the hour of 5:20 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 16, the House stood adjourned until Friday, March 16, 2001, at 11:00 o'clock a.m.
89 [March 15, 2001] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 14, 2000 0 YEAS 0 NAYS 114 PRESENT P ACEVEDO E FLOWERS P LINDNER P REITZ P BASSI P FOWLER P LOPEZ P RIGHTER P BEAUBIEN P FRANKS E LYONS,EILEEN P RUTHERFORD P BELLOCK P FRITCHEY P LYONS,JOSEPH P RYDER P BERNS P GARRETT P MATHIAS P SAVIANO P BIGGINS P GASH P MAUTINO P SCHMITZ P BLACK P GIGLIO P McAULIFFE P SCHOENBERG P BOLAND E GILES P McCARTHY P SCOTT P BOST P GRANBERG P McGUIRE P SCULLY P BRADLEY P HAMOS P McKEON P SHARP P BRADY P HANNIG P MEYER P SILVA P BROSNAHAN P HARRIS P MITCHELL,BILL P SKINNER P BRUNSVOLD P HARTKE P MITCHELL,JERRY P SLONE P BUGIELSKI P HASSERT P MOFFITT P SMITH P BURKE P HOEFT P MOORE P SOMMER P CAPPARELLI P HOFFMAN E MORROW P STEPHENS P COULSON P HOLBROOK P MULLIGAN P STROGER P COWLISHAW P HOWARD P MURPHY P TENHOUSE P CROSS P HULTGREN P MYERS P TURNER,ART P CROTTY P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRIE P JONES,JOHN P O'BRIEN P WAIT P CURRY P JONES,LOU P O'CONNOR P WINKEL P DANIELS P JONES,SHIRLEY P OSMOND P WINTERS P DART P KENNER P OSTERMAN P WIRSING P DAVIS,MONIQUE P KLINGLER P PANKAU P WOJCIK P DAVIS,STEVE P KOSEL P PARKE P WOOLARD P DELGADO P KRAUSE P PERSICO P YOUNGE P DURKIN P LANG P POE P ZICKUS P ERWIN P LAWFER P PUGH P MR. SPEAKER P FEIGENHOLTZ P LEITCH E - Denotes Excused Absence
[March 15, 2001] 90 NO. 88 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3838 BANKS CUSTOMER INFORMATION ACCEPT AMENDATORY VETO PREVAILED THREE-FIFTHS VOTE REQUIRED NOV 14, 2000 112 YEAS 0 NAYS 2 PRESENT Y ACEVEDO E FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN P FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ Y BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND E GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON Y SHARP Y BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL Y SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN E MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL Y PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH P MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence