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STATE OF ILLINOIS                               HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-SECOND GENERAL ASSEMBLY 49TH LEGISLATIVE DAY THURSDAY, APRIL 26, 2001 1:00 O'CLOCK P.M. NO. 49
[April 26, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 49th Legislative Day Action Page(s) Adjournment........................................ 65 Change of Sponsorship.............................. 13 Committee on Rules Reassignments................... 6 Committee on Rules Referrals....................... 6 Fiscal Notes Supplied.............................. 6 Letter of Transmittal.............................. 5 Quorum Roll Call................................... 5 Temporary Committee Assignments.................... 5 Bill Number Legislative Action Page(s) HB 2087 Committee Report................................... 6 HC 0003 Constitutional Amendment - Second Reading.......... 63 HJR 0032 Resolution......................................... 25 HR 0230 Adoption........................................... 63 HR 0232 Adoption........................................... 63 HR 0234 Adoption........................................... 63 HR 0235 Adoption........................................... 63 HR 0236 Adoption........................................... 63 HR 0237 Adoption........................................... 63 HR 0238 Adoption........................................... 63 HR 0239 Adoption........................................... 63 HR 0240 Resolution......................................... 22 HR 0241 Adoption........................................... 63 HR 0241 Agreed Resolution.................................. 13 HR 0242 Adoption........................................... 63 HR 0242 Agreed Resolution.................................. 13 HR 0243 Adoption........................................... 63 HR 0243 Agreed Resolution.................................. 14 HR 0244 Adoption........................................... 63 HR 0244 Agreed Resolution.................................. 14 HR 0245 Adoption........................................... 63 HR 0245 Agreed Resolution.................................. 15 HR 0246 Adoption........................................... 63 HR 0246 Agreed Resolution.................................. 16 HR 0247 Adoption........................................... 63 HR 0247 Agreed Resolution.................................. 17 HR 0248 Adoption........................................... 63 HR 0248 Agreed Resolution.................................. 17 HR 0249 Adoption........................................... 63 HR 0249 Agreed Resolution.................................. 18 HR 0250 Resolution......................................... 23 HR 0251 Adoption........................................... 63 HR 0251 Agreed Resolution.................................. 18 HR 0252 Resolution......................................... 23 HR 0253 Adoption........................................... 63 HR 0253 Agreed Resolution.................................. 19 HR 0254 Adoption........................................... 63 HR 0254 Agreed Resolution.................................. 20 HR 0255 Adoption........................................... 63 HR 0255 Agreed Resolution.................................. 20 HR 0256 Adoption........................................... 63 HR 0256 Agreed Resolution.................................. 21 HR 0257 Adoption........................................... 63 HR 0257 Agreed Resolution.................................. 21 SB 0020 Committee Report................................... 11 SB 0021 Committee Report................................... 11
3 [April 26, 2001] Bill Number Legislative Action Page(s) SB 0028 Committee Report................................... 11 SB 0037 Committee Report................................... 10 SB 0049 Committee Report................................... 7 SB 0095 Committee Report................................... 7 SB 0101 Committee Report................................... 8 SB 0104 Second Reading..................................... 29 SB 0117 Committee Report................................... 10 SB 0133 Committee Report................................... 10 SB 0153 Committee Report................................... 8 SB 0172 Second Reading..................................... 29 SB 0213 Second Reading - Amendment/s....................... 29 SB 0233 Committee Report................................... 11 SB 0265 Committee Report................................... 11 SB 0286 Committee Report................................... 10 SB 0290 Second Reading..................................... 29 SB 0316 Second Reading..................................... 29 SB 0319 Second Reading..................................... 29 SB 0325 Committee Report................................... 8 SB 0329 Committee Report................................... 9 SB 0333 Second Reading..................................... 30 SB 0360 Second Reading..................................... 29 SB 0372 Committee Report................................... 9 SB 0382 Committee Report................................... 10 SB 0390 Committee Report................................... 10 SB 0392 Committee Report................................... 9 SB 0394 Committee Report................................... 9 SB 0397 Committee Report................................... 10 SB 0401 Committee Report................................... 11 SB 0405 Second Reading..................................... 29 SB 0434 Committee Report................................... 11 SB 0437 Second Reading..................................... 29 SB 0448 Second Reading..................................... 29 SB 0494 Third Reading...................................... 29 SB 0500 Committee Report................................... 7 SB 0544 Committee Report................................... 10 SB 0556 Second Reading..................................... 29 SB 0608 Committee Report................................... 10 SB 0610 Third Reading...................................... 27 SB 0624 Second Reading - Amendment/s....................... 30 SB 0633 Third Reading...................................... 26 SB 0660 Second Reading..................................... 29 SB 0677 Committee Report................................... 12 SB 0683 Third Reading...................................... 26 SB 0686 Committee Report................................... 11 SB 0724 Committee Report................................... 9 SB 0727 Committee Report................................... 11 SB 0750 Committee Report................................... 10 SB 0751 Second Reading..................................... 29 SB 0787 Third Reading...................................... 28 SB 0789 Committee Report................................... 12 SB 0816 Third Reading...................................... 27 SB 0817 Committee Report................................... 10 SB 0839 Second Reading - Amendment/s....................... 47 SB 0852 Committee Report................................... 9 SB 0859 Second Reading..................................... 29 SB 0860 Third Reading...................................... 27 SB 0861 Committee Report................................... 9 SB 0866 Second Reading..................................... 29 SB 0867 Second Reading..................................... 29 SB 0875 Committee Report................................... 12 SB 0876 Third Reading...................................... 27 SB 0882 Committee Report................................... 10 SB 0883 Committee Report................................... 12 SB 0884 Committee Report................................... 10
[April 26, 2001] 4 Bill Number Legislative Action Page(s) SB 0926 Committee Report................................... 12 SB 0935 Second Reading - Amendment/s....................... 52 SB 0938 Committee Report................................... 11 SB 0943 Second Reading..................................... 29 SB 0961 Third Reading...................................... 27 SB 0980 Committee Report................................... 8 SB 1017 Committee Report................................... 9 SB 1017 Second Reading..................................... 29 SB 1024 Third Reading...................................... 28 SB 1026 Third Reading...................................... 27 SB 1032 Senate Message - Passage of Senate Bill............ 7 SB 1035 Second Reading..................................... 29 SB 1039 Second Reading - Amendment/s....................... 53 SB 1046 Committee Report................................... 10 SB 1048 Third Reading...................................... 28 SB 1049 Third Reading...................................... 27 SB 1058 Committee Report................................... 11 SB 1065 Committee Report................................... 10 SB 1080 Committee Report................................... 11 SB 1097 Committee Report................................... 11 SB 1098 Second Reading - Amendment/s....................... 54 SB 1102 Committee Report................................... 12 SB 1104 Second Reading..................................... 29 SB 1113 Third Reading...................................... 28 SB 1150 Committee Report................................... 12 SB 1151 Third Reading...................................... 28 SB 1166 Committee Report................................... 12 SB 1180 Committee Report................................... 9 SB 1254 Second Reading..................................... 29 SB 1293 Second Reading..................................... 29 SB 1297 Third Reading...................................... 28 SB 1303 Second Reading - Amendment/s....................... 56 SB 1306 Committee Report................................... 11 SB 1329 Committee Report................................... 10 SB 1341 Second Reading..................................... 29 SB 1354 First Reading...................................... 63 SB 1354 Senate Message - Passage of Senate Bill............ 7 SB 1358 First Reading...................................... 63 SB 1358 Senate Message - Passage of Senate Bill............ 7 SB 1370 First Reading...................................... 63 SB 1370 Senate Message - Passage of Senate Bill............ 7 SB 1379 First Reading...................................... 63 SB 1379 Senate Message - Passage of Senate Bill............ 7 SB 1380 First Reading...................................... 63 SB 1380 Senate Message - Passage of Senate Bill............ 7 SB 1514 Second Reading - Amendment/s....................... 58 SB 1517 Committee Report................................... 11 SB 1521 Committee Report................................... 12 SJR 0027 Senate Message..................................... 63
5 [April 26, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Father Francis McDonald of the St. Walter Catholic Church in Roselle, Illinois. Representative Wojcik 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: 109 present. (ROLL CALL 1) By unanimous consent, Representatives Boland, Daniels, Forby, O'Connor, Saviano, Smith, Stephens, Stroger and John Turner were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Hannig replaced Representative Mendoza in the Committee on Appropriations - Elementary & Secondary Education on April 24, 2001. Representative Delgado replaced Representative May in the Committee on Health Care Availability & Accessibility on April 24, 2001. Representative Hannig replaced Representative Garrett in the Committee on Election & Campaign Reform on April 24, 2001. Representative Mendoza replaced Representative Scott in the Committee on Judiciary I - Civil Law on April 25, 2001. Representative Collins replaced Representative Forby in the Committee on Cities & Villages on April 25, 2001. Representative Mendoza replaced Representative Forby in the Committee on State Government Administration on April 25, 2001. Representative Crotty will replace Representative Forby in the Committee on Aging, for today only. Representative Dart will replace Representative Bradley in the Committee on Judiciary II - Criminal Law, for today only. Representative Holbrook will replace Representative Turner in the Committee on Revenue, for today only. Representative Lang will replace Representative Smith in the Committee on Judiciary II - Criminal Law, for today only. Representative Shirley Jones will replace Representative Brunsvold, Representative Giles will replace Representative Art Turner, Representative Joseph Lyons will replace Representative Capparelli, Representative Flowers will replace Representative Hannig, Representative Burke will replace Representative Granberg, Representative Mendoza will replace Representative Hartke, and Representative Feigenholtz will replace Representative Granberg in the Committee on Redistricting on April 27, 2001. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 April 26, 2001 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706
[April 26, 2001] 6 Dear Mr. Clerk: Please be advised that I have extended the Third Reading Deadline to May 18, 2001 for the following House Bill: House Bill: 2087 If you have questions, please contact my Chief of Staff. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "be approved for consideration" and be placed on the order of Third Reading: HOUSE BILL 2087. The committee roll call vote on HOUSE BILL 2087 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn A Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Executive: SENATE BILLS 1282 and 1283. COMMITTEE ON RULES REASSIGNMENTS Representative Currie, from the Committee on Rules, recalled SENATE BILL 8 from the Committee on State Government Administration and reassigned it to the Committee on Executive. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for SENATE BILLS 795, 796 and 969. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1354 A bill for AN ACT making appropriations.
7 [April 26, 2001] SENATE BILL NO. 1358 A bill for AN ACT making appropriations. SENATE BILL NO. 1370 A bill for AN ACT making appropriations. SENATE BILL NO. 1379 A bill for AN ACT making appropriations. SENATE BILL NO. 1380 A bill for AN ACT making appropriations. Passed by the Senate, April 26, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 1354, 1358, 1370, 1379 and 1380 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1032 A bill for AN ACT concerning labor relations. Passed by the Senate, April 26, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1032 was ordered printed and to a First Reading. REPORTS FROM STANDING COMMITTEES Representative McGuire, Chairperson, from the Committee on Aging to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 500. The committee roll call vote on SENATE BILL 500 is as follows: 18, Yeas; 0, Nays; 0, Answering Present. Y McGuire, Chair Y Lyons, Joseph Y Berns Y Mendoza Y Coulson, Spkpn Y Mitchell, Jerry Y Cowlishaw Y Moffitt Y Forby (Crotty) Y Persico A Franks, V-Chair Y Ryan Y Garrett Y Saviano (John Jones) Y Giles Y Scott Y Lawfer Y Soto Y Wait Representative Reitz, Chairperson, from the Committee on Cities & Villages to which the following were referred, action taken on April 25, 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: SENATE BILLS 49 and 95. That the bill be reported "do pass" and be placed on the order of
[April 26, 2001] 8 Second Reading -- Standard Debate: SENATE BILL 980. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 101. The committee roll call vote on SENATE BILL 49 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Reitz, Chair Y Mautino Y Berns Y May A Durkin Y McCarthy, V-Chair A Forby (Collins) Y Moore Y Mathias, Spkpn Y Schmitz Y Slone The committee roll call vote on SENATE BILL 95 is as follows: 7, Yeas; 2, Nays; 0, Answering Present. Y Reitz, Chair Y Mautino N Berns A May Y Durkin N McCarthy, V-Chair A Forby (Collins) Y Moore Y Mathias, Spkpn Y Schmitz Y Slone The committee roll call vote on SENATE BILL 101 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Reitz, Chair Y Mautino Y Berns Y May Y Durkin Y McCarthy, V-Chair A Forby (Collins) Y Moore Y Mathias, Spkpn Y Schmitz Y Slone The committee roll call vote on SENATE BILL 980 is as follows: 6, Yeas; 2, Nays; 1, Answering Present. Y Reitz, Chair Y Mautino N Berns Y May Y Durkin Y McCarthy, V-Chair A Forby (Collins) A Moore P Mathias, Spkpn N Schmitz Y Slone Representative Scully, Chairperson, from the Committee on Conservation & Land Use to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 153. The committee roll call vote on SENATE BILL 153 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. Y Slone, Chair Y O'Connor A Acevedo A Osterman Y Hassert Y Parke Y May Y Scully, V-Chair Y Winters, Spkpn Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken on April 25, 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: SENATE BILLS 325 and 329.
9 [April 26, 2001] The committee roll call vote on SENATE BILLS 325 and 329 is as follows: 20, 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 Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft A Smith, Michael Y Winkel Representative Novak, Chairperson, from the Committee on Environment & Energy to which the following were referred, action taken on April 25, 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: SENATE BILLS 372, 394, 852, 861, 1017 and 1180. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 392 and 724. The committee roll call vote on SENATE BILL 372 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook Y Beaubien Y Hultgren Y Bradley A Jones, Shirley Y Brunsvold Y Lawfer Y Davis, Steve, V-Chair Y Moore A Durkin Y Parke Y Hartke Y Persico Y Hassert, Spkpn Y Reitz Y Soto The committee roll call vote on SENATE BILL 394 is as follows: 15, Yeas; 1, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook Y Beaubien Y Hultgren Y Bradley A Jones, Shirley Y Brunsvold N Lawfer Y Davis, Steve, V-Chair Y Moore Y Durkin Y Parke Y Hartke Y Persico Y Hassert, Spkpn Y Reitz Y Soto The committee roll call vote on SENATE BILLS 392, 724, 852, 861, 1017 and 1180 is as follows: 16, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook Y Beaubien Y Hultgren Y Bradley A Jones, Shirley Y Brunsvold Y Lawfer Y Davis, Steve, V-Chair Y Moore Y Durkin Y Parke Y Hartke Y Persico Y Hassert, Spkpn Y Reitz Y Soto
[April 26, 2001] 10 Representative Feigenholtz, Chairperson, from the Committee on Human Services to which the following were referred, action taken on April 25, 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: SENATE BILLS 286, 608, 817, 882 and 884. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 382, 390, 750 and 1329. The committee roll call vote on SENATE BILL 882 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn A Schoenberg, V-Chair Y Flowers Y Soto Y Howard Y Winters Y Wirsing The committee roll call vote on SENATE BILLS 286, 382, 390, 608, 750, 817, 884 and 1329 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 Representative Dart, Chairperson, from the Committee on Judiciary I - Civil Law to which the following were referred, action taken on April 25, 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: SENATE BILLS 37, 117, 133, 544 and 1046. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 397 and 1065. The committee roll call vote on SENATE BILL 397 is as follows: 12, Yeas; 1, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan N Osmond Y Hamos Y Righter Y Hoffman Y Scott, V-Chair (Mendoza) Y Klingler Y Scully Y Lang Y Turner, John, Spkpn (Beaubien) Y Wait The committee roll call vote on SENATE BILL 1046 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair A Meyer Y Brosnahan Y Osmond A Hamos Y Righter A Hoffman Y Scott, V-Chair (Mendoza) A Klingler Y Scully Y Lang Y Turner, John, Spkpn (Beaubien) A Wait The committee roll call vote on SENATE BILLS 37, 117, 133, 544 and 1065 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer
11 [April 26, 2001] Y Brosnahan Y Osmond Y Hamos Y Righter Y Hoffman Y Scott, V-Chair (Mendoza) Y Klingler Y Scully Y Lang Y Turner, John, Spkpn (Beaubien) Y Wait Representative O'Brien, Chairperson, from the Committee on Judiciary II - Criminal Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 20, 21, 233, 434, 686, 938, 1058, 1097 and 1306. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 28, 265, 401, 727, 1080 and 1517. The committee roll call vote on SENATE BILLS 20, 28, 401, 434, 686, 938 and 1058, is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley (Dart) Y Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair Y Smith, Michael (Lang) Y Brunsvold A Turner, John Y Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on SENATE BILLS 233, 727, 1080 and 1097 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson A Bradley Y Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair Y Smith, Michael (Lang) Y Brunsvold A Turner, John Y Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on SENATE BILL 21 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson A Bradley A Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair A Smith, Michael Y Brunsvold A Turner, John Y Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on SENATE BILL 265 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson A Bradley (Dart) Y Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair Y Smith, Michael (Lang) Y Brunsvold A Turner, John Y Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on SENATE BILL 1306 is as follows: 8, Yeas; 0, Nays; 3, Answering Present.
[April 26, 2001] 12 Y O'Brien, Chair Y Johnson A Bradley P Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair P Smith, Michael (Lang) Y Brunsvold A Turner, John P Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on SENATE BILL 1517 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson A Bradley A Jones, Lou A Brady Y Lindner Y Brosnahan, V-Chair A Smith, Michael Y Brunsvold A Turner, John Y Delgado Y Wait Y Winkel, Spkpn Representative Collins, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken on April 25, 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: SENATE BILLS 677, 789, 875, 883, 1102, 1150 and 1166. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1521. The committee roll call vote on SENATE BILLS 677, 875 and 1150 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 SENATE BILLS 789, 883, 1102, 1166 and 1521 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 (Mendoza) Y Pankau Y Fowler Y Righter Y Wirsing Representative Holbrook, Chairperson, from the Committee on Toursim to which the following were referred, action taken on April 25, 2001, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 926. The committee roll call vote on SENATE BILL 926 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
13 [April 26, 2001] CHANGE OF SPONSORSHIP Representative Sommer asked and obtained unanimous consent to be removed as chief sponsor and Representative Mautino asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 836. Representative Mathias asked and obtained unanimous consent to be removed as chief sponsor and Representative Burke asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1234. Representative McCarthy 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 SENATE BILL 1282. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 241 Offered by Representative Black: WHEREAS, The Illinois House of Representatives is pleased to recognize notable citizens from the State of Illinois; and WHEREAS, Joan and Theo McConnell have been involved in public office in the town of Henning, Illinois since 1941; on the April 3, 2001 ballot it was the first time in nearly sixty years that the McConnell name has not been placed on the ballot; and WHEREAS, The McConnell's have regularly had a hand in village matters, and have been known to volunteer or help in any way that they could; and WHEREAS, Theo McConnell's service with the Village of Henning includes roles such as South Ross Township Clerk from 1951 until 1961, as Ross Township supervisor from 1961 until 2001, as a member Vermillion County Board from 1961 until 1972, as Henning clerk from 1972 until 1997, and as Henning treasurer from 1997 until 2001; in addition, his wife, Joan, served as Clerk from 1997 until 2001, and his father, Richard J. McConnell, served as Henning trustee from 1941 until 1952, and as Henning clerk from 1952 until 1972; and WHEREAS, Theo McConnell has served under eight mayors, and continues to try to keep the town junk-free; and WHEREAS, The McConnell's will continue to provide their assistance and guidance to the village when its needed, but now are looking forward to spending more time with their large family and traveling; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Joan and Theo McConnell for their many years of service to the village of Henning, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the McConnell's as an expression of our esteem. HOUSE RESOLUTION 242 Offered by Representative Black: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Conrad "Dutch" Wantland is retiring from his duties as Mayor of Tilton, Illinois this year; and WHEREAS, Mayor Conrad Wantland is a lifelong resident of Tilton, and has spent the last twenty-two years serving the village as trustee and then mayor; and WHEREAS, Mayor Wantland has achieved many accomplishments during his tenure as mayor, including the ability to work with the State legislators to obtain much needed grant money and keeping the village financially strong by bringing businesses into the community; and
[April 26, 2001] 14 WHEREAS, Mayor Wantland plans to continue his involvement in the Tilton community by working part-time and is considering a possible run for the Vermilion County Board or another part-time political position; and WHEREAS, Mayor Wantland will be deeply missed by the citizens of the village of Tilton, but his accomplishments in office will not be forgotten; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mayor Conrad Wantland on his retirement from his duties as Mayor of Tilton, Illinois and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mayor Conrad Wantland as an expression of our esteem. HOUSE RESOLUTION 243 Offered by Representative Reitz: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Frank Derickson is retiring from his duties as Mayor of the city of Chester, Illinois, this year; and WHEREAS, Frank Derickson has proudly served the city of Chester for the past twenty-seven years; he has provided his service as Clerk for four years, as alderman for seven years, and as mayor for the past sixteen years; and WHEREAS, Under Frank Derickson's leadership, projects like the construction of ball fields at the Cohen Complex, a new building for the Chester Fire Department, the extension of waterlines, the installation of storm warning sirens, the expansion of the library, the development of Chester Square, the development of the new water and sewer plant, and the construction work on Industrial Drive have been completed; his dedication to these, and many other projects, have helped shape the city of Chester into what it is today; and WHEREAS, Frank Derickson will surely be remembered for his leadership and integrity that have been the cornerstones for the city of Chester; his work for the city will have a lasting impression on its residents for generations to come; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Frank Derickson on his retirement from his duties as Mayor of the city of Chester, Illinois, and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Frank Derickson as an expression of our esteem. HOUSE RESOLUTION 244 Offered by Representative Collins: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize notable individuals from the State of Illinois; and WHEREAS, Eugene Pincham has had a successful law and political career supporting and defending victims of injustice from the State of Illinois; and WHEREAS, At an early age, Eugene Pincham was taught by his mother that the purpose of life was to help others in need; in 1931, he learned valuable lessons in justice and morality in his home state of Mississippi when nine African-American youths were charged with a crime that they were clearly innocent of; the case left a serious impression on Mr. Pincham's life after the judge in the trial made the politically-destructive decision to throw out a guilty verdict, thereby ending the judge's career; from that moment on, Eugene Pincham set forth on a career dedicated to helping individuals who are victims of
15 [April 26, 2001] injustice; and WHEREAS, Eugene Pincham graduated from Tennessee State University in 1947, and Chicago's Northwestern University Law School; after graduation, he went to work for noted black attorney, Joseph Clayton at twenty dollars a week, and took service jobs on the side; by 1959, Mr. Pincham was developing his legal practice; and WHEREAS, During the 1960's, Eugene Pincham established a highly successful law practice and developed a solid reputation; he was known for his mastery of legal precedent and his chokehold on the facts; he was able to deliver final arguments that inspired applause from an awed audience; and WHEREAS, After persuasion by other judges and his wife, Eugene Pincham accepted a Democratic Party nomination for a Cook County Circuit Court judgeship and later an Appellate judgeship; Mr. Pincham continued to judge his cases solely on factual evidence, even when he was heavily criticized for his judicial decisions; and WHEREAS, In 1990, Eugene Pincham ran in the Democratic Party's primary election for the position of Cook County Board President and was defeated by Richard Phelan; he later made courageous but unsuccessful runs for Mayor of Chicago, and Cook County States Attorney; and WHEREAS, Over the years Eugene Pincham's message of helping the African-American community has been consistent; recently he volunteered his services to represent our colleague, State Representative Annazette Collins from the 10th District, who was discharged by her employer because she decided to run for public office; and WHEREAS, Eugene Pincham has made serious impressions in our legal and judicial system by standing up for the victims of injustice; he will always be regarded as an individual who would risk his career for standing up for what he believes is right; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor the exemplary career of Eugene Pincham who has has served as an advocate for the victims of injustice in the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Eugene Pincham as an expression of our esteem. HOUSE RESOLUTION 245 Offered by Representative Granberg: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Tony Koonce has been selected as this year's recipient of the Gerald Turley Memorial Award; and WHEREAS, Tony Koonce is one of the charter members and the first president of the Greenville AMVETS Post 140, and the prime mover behind the establishment of the Bond County Veteran's Memorial that was dedicated in November, 1997; and WHEREAS, Tony Koonce also headed the Greenville AMVETS Post 140's first major project by securing donations for the purchase of flags that are flown from utility poles during patriotic holidays along the main routes of the city; and WHEREAS, Tony Koonce has been previously recognized for his service to the AMVETS and his community; he was presented the "VFW Post 1877's Veteran Appreciation Award" in 1997 in recognition of his outstanding service to his community; in 1999 he was presented with the AMVETS Post 140 Distinguished Service Award in recognition of his leadership as the post commander from 1991 through 1999; and WHEREAS, Tony Koonce served in the United States Army during the Vietnam Conflict; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Tony Koonce on being the recipient of the 2001 Gerald Turley Memorial Award in recognition of his outstanding service to the community of
[April 26, 2001] 16 Greenville, Illinois, and the AMVETS Post 140; and be it further RESOLVED, That a suitable copy of this resolution be presented to Tony Koonce as an expression of our esteem. HOUSE RESOLUTION 246 Offered by Representatives Lindner, Cross, Cowlishaw and Schmitz: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Dr. John J. Swalec is retiring from his duties as President of Waubonsee Community College; and WHEREAS, Dr. Swalec received his bachelor's, master's and doctorate degrees from Illinois State University; in addition, he completed graduate courses at the University of Illinois and Northern Illinois University; and WHEREAS, Dr. Swalec began his career in education as Department Chairman at Joliet Community College, and as Dean of Moraine Valley Community College from 1960 until 1972; from 1972 until 1977, he served as the Associate Director on the Illinois Community College Board in Springfield, Illinois; from 1977 until 1981, he served as vice-president for Educational Affairs at the College of Lake County in Grayslake, Illinois; and he has been serving Waubonsee Community College as its President since 1981; and WHEREAS, During his extensive career in education, Dr. Swalec has accepted several professional appointments, including chairman of the American Association of Community Colleges Commission on Teaching, Learning, and Technology, co-chair of the Higher Education Technology Task Force, chair of the Technology Committee, chair of the Fox Valley Educational Alliance, chair of the Illinois Community College Board Telecommunications Taskforce, chair of the Skyway Conference, chair of the ICCB Telecommunications Committee, chair of the Board of Directors for the Valley Industrial Association, chair of the Greater Aurora Chamber of Commerce, chair of the Corridor Partnership for Excellence in Education, chair of the Legislative Committee at Illinois Community College Council of Presidents, chair of the Corridor Partnership for Excellence in Education Legislative Committee, chair of the National Commission on Communication and Technology, chair of the AACC Special Commission for Accountability and Productivity; chair of the Illinois Community College President's Technology Committee, and as co-chair of the Illinois Century Network Task Force; and WHEREAS, Dr. Swalec has also been a member of the IBHE Telecommunications Comittee, the Economic Development Committee, the Aurora Downtown Development Corporation, the Capital Advisory Committee of the Illinois Community College Board, the Finance Committee, the Merchants Bancorp Loan, Audit and Marketing Committee, the Doctoral Advisory Council at Illinois State University, the Aurora Union League, the Aurora Elks, the Aurora Moose, the Aurora Rotary Club, the Copley Long Range Planning Committee, the State of Illinois Athletic Board, the Illinois Video Education Network Task Force, the Engineering Committee for Illinois Century Network the Board of American Association of Community Colleges, the National Junior College Athletic Association, and the NJCAA Executive Committee; and WHEREAS, Dr. Swalec has been the recipient of several awards and commendations, including the Illinois Education Administrator of the year in 1996 from the Illinois Association of Office Personnel and the CEO of the year in 1990 from the Midwest Regional, American Association of Community College Trustees; he was the recipient of the Distinguished Service Award in 1988 of the Illinois State Alumnus Club, the Alumni Achievement Award in 1987, the Man of the year in 1985, the Governor's Blue Ribbon Committee of Licensure in 1979; he was inducted into the Wrestling Hall of Fame at Illinois State University in 1981, and he was elected American Association of Community Colleges Presidential Representative to National Junior College Athletic Association; and
17 [April 26, 2001] WHEREAS, Dr. Swalec's is supported by his very proud and loving family, which includes his wife, Margaret, and his children, Martha, Karen, Jill, and Cindy; and WHEREAS, The Waubonsee Community College Board of Trustees will honor the outstanding career of Dr. John Swalec on May 1, 2001; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. John Swalec on his retirement from his duties as President of Waubonsee Community College; and we wish him well in all of his future endeavors; and be it further RESOLVED, That a copy of this resolution be presented to Dr. John J. Swalec as an expression of our esteem. HOUSE RESOLUTION 247 Offered by Representatives Cross-Lindner: WHEREAS, The members of the House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Dr. Charles W. Ponquinette is retiring from his duties as Superintendent of Aurora East School District 131 this year; and WHEREAS, Dr. Charles W. Ponquinette was born on December 13, 1941 in Mobile, Alabama; he graduated from Pure Heart of Mary High School in 1959, earned his bachelor's degree from Talladego College in 1963, his master's degree from the University of Illinois at Champaign in 1967, and his Ph.D. from the University of Michigan in 1981; and WHEREAS, Dr. Ponquinette is a veteran of the United States Air Force serving from 1963 until 1967; and WHEREAS, Dr. Ponquinette has enjoyed an outstanding career devoted to Aurora East School District 131; he began his career as a Special Education teacher from 1967 until 1969; from 1970 through 1974 he served as Director of Pupil Personnel Services; from 1975 to 1976 he served as Assistant Superintendent of Elementary Education; from 1976 until 1983, he was Assistant Superintendent of Personnel; in 1984 he was appointed Acting Superintendent, and later assumed the role of Superintendent; and WHEREAS, Dr. Ponquinette is a member of numerous professional associations, which include Phi Delta Kappa, Kappa Delta Pi, the Rotary Club, the Aurora University Board of Directors and Academic Affairs Committee, the Aurora Foundation Board of Directors, the Aurora Economic Development Commission, the Statewide Citizen's Committee on Child Abuse and Neglect (SCAN), the YMCA Board of Trustees, the Board of Directors for Mental Health and Mental Retardation Services, Inc., and the Board of Directors at Provena-Mercy Hospital; and WHEREAS, Dr. Charles W. Ponquinette is supported by his very proud and loving family, which includes his children, Jason, Justin, and Scott; and WHEREAS, The Aurora East Educational Foundation will honor the outstanding career of Dr. Charles W. Ponquinette on April 26, 2001; therefore, be it RESOLVED BY HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Charles W. Ponquinette on his retirement from his duties as Superintendent of Aurora East School District 131; and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Charles W. Ponquinette as an expression of our esteem. HOUSE RESOLUTION 248 Offered by Representative Wojcik: WHEREAS, The members of this Body are honored to recognize significant milestones in the lives of the people of this State; and WHEREAS, It has come to our attention that Hannah Catherine Zorger
[April 26, 2001] 18 Wells of Chicago, Illinois is celebrating the 100th anniversary of her birth; and WHEREAS, Hannah Catherine Zorger Wells was born on May 9, 1901, in Middletown, Pennsylvania; and WHEREAS, Hannah Catherine Zorger Wells married the late Harold C. Wells in Hollidaysburg, Pennsylvania, on June 28, 1920; and WHEREAS, Hannah Catherine Zorger Wells attended beauty culture school in Chicago and afterwards set up a beauty shop in her home, which she ran for many years; she also worked in a grocery store and a seed company before retiring; and WHEREAS, Hannah Catherine Zorger Wells is a lifetime member of the American Legion Auxiliary and a member of the Daughters of the American Revolution; she enjoys reading and telling stories from years gone by; and WHEREAS, Hannah Catherine Zorger was the proud mother of two children, the late Lora Wells, and the late Harold C. Wells, Jr.; she is the proud grandmother of three grandchildren, Carol Huck, Ronald Wells, and Sharon Britton; the great-grandmother of six great-grandchildren, Sandy Kowalkowski, Karen Moore, Deb Lee, Rich Wells, Scott Britton, and Sara Britton, and the great great-grandmother of four great great-grandchildren, Matthew and Miles Kowalkowski and Andrea and Kyle Wells; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Hannah Catherine Zorger Wells on the occasion of her 100th birthday and extend to her our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Hannah Catherine Zorger Wells as an expression of our respect and esteem. HOUSE RESOLUTION 249 Offered by Representative Wojcik: WHEREAS, Throughout history brave Americans have shed their blood during wars and conflicts to preserve, protect, and defend the foundation of the principles of democracy and freedom; and WHEREAS, Many of those that have served have been the brave men and women of Schaumburg, Illinois; and WHEREAS, The brave men and women of Schaumburg, Illinois, have risen to the cause of defending democracy whenever needed; and WHEREAS, It is estimated that approximately 5,000 to 6,000 veterans reside in Schaumburg, Illinois; and WHEREAS, The Village of Schaumburg is planning to add an honorary road sign along Schaumburg Road on May 1, 2001, otherwise known as Loyalty Day, to serve as the town's first permanent veterans memorial; and WHEREAS, The people of Schaumburg, Illinois wish to thank those numerous veterans for their sacrifices and service; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that Schaumburg Road, traversing through the heart of Schaumburg, Illinois will be designated as Veterans Memorial Parkway by the Village in honor of the veterans from Schaumburg at a ceremony on Loyalty Day, May 1, 2001; and be it further RESOLVED, That we join with the citizens of Schaumburg, Illinois, in paying this tribute to those who have served in the armed forces in the defense of liberty; and RESOLVED, That a suitable copy of this resolution be delivered to the Village of Schaumburg, Illinois. HOUSE RESOLUTION 251 Offered by Representative Tenhouse: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and
19 [April 26, 2001] WHEREAS, It has come to our attention that Joseph Conover is retiring from his duties as editor of the Quincy Herald-Whig on April 27, 2001; and WHEREAS, Joseph Conover is the son of Mr. and Mrs. Glenn A. Conover of Quincy, Illinois; and WHEREAS, Mr. Conover is a 1958 graduate of the University of Illinois; he began his career with the Herald-Whig newspaper in 1966 as a copy reader after serving for three years on the staff at the Japan Times in Tokyo following service in the United States Army; in addition he served a year with the United States Information Agency's Voice of America in Washington, D.C. and then returned to the Herald-Whig in 1968 as assistant news editor, being appointed news editor in 1970, associate editor in 1976, and editor in 1983; and WHEREAS, Mr. Conover has served as a member in numerous organizations, including the Illinois State Chamber of Commerce, the Quincy Public Library, the Adams County Family Violence Council Steering Committee, the Quincy Symphony Orchestra Association, the United Way of Adams County, the Rotary Club of Quincy, the YMCA, the Saukee Area Council of the Boys Scouts of America, the Civic Music Association, and the Quincy Community Theatre; in addition, he has held memberships in the Mayor's DUI Task Force and the Culver-Stockton College Development Council and was past chairman of the Quincy Advisory Committee to the John Wood Community College Outreach Program; and WHEREAS, Joseph Conover currently is a member of the Quincy Sisters City Commission, serves on the board of the Friends of the Dr. Richard Eells House, is a member of the New Philadelphia Association, the Hannibal Bridge Dedication Steering Committee, the Quincy Area Chamber of Commerce Transportation Committee, and the Quincy Highway Committee, is a trustee of the Quincy Foundation, and is a director of AMPS, Inc.; and WHEREAS, Joseph Conover is supported by his very proud and loving family, who include his wife, Janet, and their two sons, Joseph G. Conover and Robert S. Conover; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Joseph Conover on his retirement as editor of the Quincy Herald-Whig newspaper; and that we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Joseph Conover as an expression of our esteem. HOUSE RESOLUTION 253 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Norman Meltzer, who passed away on December 31, 2000; and WHEREAS, Norman Meltzer was a Chicago native; he earned an undergraduate biology degree from Roosevelt University in 1951, a master's degree in physiology from the University of Illinois at Urbana-Champaign in 1953, and a doctorate in physiology from the University of Illinois in 1958; he served as a research and teaching assistant in 1952 and worked briefly as a physiology instructor at the University of Illinois from 1957 until 1958 before joining Helene Curtis as a group leader in the biology division; and WHEREAS, At Helene Curtis, Mr. Meltzer served as an associate director of research and development in 1965; in addition he managed and tested programs for new cosmetics products in the late 1950s and 1960s, and introduced into the cosmetics industry in the 1970s two preservatives, now widely used, that prevented bacterial growth without potential risk to cosmetic users; he retired in 1998 as corporate director of product integrity where he served as a legal liaison and expert witness for the Helene Curtis research and development department; after his retirement he was a consultant with Helene Curtis; and
[April 26, 2001] 20 WHEREAS, Mr. Meltzer was a past chairman of the Society of Cosmetic Chemists Midwest Chapter and in 1993 won the Robert C. Ring Award for his scientific contributions to the cosmetics industry; and WHEREAS, The passing of Norman Meltzer will be deeply felt by all who knew and loved him, especially his wife, Enid; his children, Mark (wife, Anna) Meltzer and Roberta (husband, David) Senzel; his grandchildren, David, Josef, Andrea, Wendy, Marcie and Zoey; his brother, Leonard (wife, Natalie) Meltzer; and his many nieces and nephews; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Norman Meltzer of Morton Grove, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Norman Meltzer with our sincere condolences. HOUSE RESOLUTION 254 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Jim Webb retired from his duties as village president of Glencoe, Illinois on April 19, 2001; and WHEREAS, Jim Webb served the Village of Glencoe for eight years as village president; and WHEREAS, Under Jim Webb's leadership, he helped enact tree preservation ordinance, a teenage smoking ban ordinance, and zoning amendments resulting from a study of teardowns; his other accomplishments included negotiating the Frontage Road land deal; and WHEREAS, Jim Webb fondly remembers the positive effect of Glencoe's 125th Anniversary celebration in 1994 on its residents; the celebration included a dinner dance at the Botanic Garden, a visit from Anne Compton, an ABC news correspondent who grew up in Glencoe, and a spectacular ecumenical service held at North Shore Congregational Israel; and WHEREAS, In addition to his duties as village president, Jim Webb also volunteered his service as a member of the Glencoe District 35 School Board for the last seven years, on the advisory caucus council, and on various New Trier communities; and WHEREAS, Jim Webb, who moved to the Glencoe in 1967, is proud of how the village has remained committed to its system of basic values for many years; the community remains committed to continuing diversity, both racial and religious; his ability to work with the village's residents has made his tenure as village president a memorable one; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Jim Webb on his retirement from his duties as village president of Glencoe, Illinois, and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Jim Webb as an expression of our esteem. HOUSE RESOLUTION 255 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Rayna Miller, who passed away on March 29, 2001; and WHEREAS, Rayna Goldberg Miller was born on February 17, 1928 in Chicago, Illinois; she was a graduate of Senn High School in Chicago and the National College of Education in Evanston; she served as a teacher at the University of Chicago Lab School and at Anshe Emet Day School in Chicago, and later as a substitute teacher in the Wilmette
21 [April 26, 2001] school system; and WHEREAS, Rayna Goldberg Miller married Marvin Miller in 1952; and WHEREAS, Both Rayna Miller and her husband, Marvin, Miller, were actively involved in civic affairs in Wilmette; Mrs. Miller earned a reputation as an effective activist for civil rights and fair housing; she began her career as an activist with the League of Women Voters, where she gained training in governmental processes; in the early 1960's, she joined the fight against housing discrimination, and was a part of the regional fair-housing effort in 1965, known as the Summer Project, that concluded with a visit by Martin Luther King Jr. to Winnetka's Village Green; and WHEREAS, Mrs. Miller's work continued through the 1970s and 1980s and led to the establishment of the Interfaith Housing Center of the Northern Suburbs; she became director in 1975; the group, which consisted of a coalition of churches and synagogues, worked on affordable housing for seniors and minorities; they also supported efforts to develop senior housing building such as Gates Manor in the Wilmette Village Center and Shore Line Place; and WHEREAS, The passing of Rayna Miller will be deeply felt by all who knew and loved her, especially her husband, Marvin Miller; her family; her friends; and the Wilmette community who will remember her for her dedicated and inspiring work to her community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Rayna Miller of Wilmette, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Rayna Miller with our sincere condolences. HOUSE RESOLUTION 256 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Bernice Nordenberg, who passed away on December 25, 2000; and WHEREAS, Mrs. Nordenberg was a resident of Glencoe, Illinois for fifty-four years; and WHEREAS, Mrs. Nordenberg served as a docent at the Art Institute of Chicago for thirty-nine years, and she was one of four remaining members of the first volunteer docent groups chosen by the Department of Museum Education; and WHEREAS, Mrs. Nordenberg was very active in the North Shore community; she served as a member of the board of the Museum of Contemporary Art, Brandeis University Women's Board, the National Council of Jewish Women North Shore Senior Center, Oasis, and Common Ground; and WHEREAS, The passing of Bernice Nordenberg will be deeply felt by all who knew and loved her, especially her husband, Seymour; her children, Mark (wife, Linda) Nordenberg and Jeralyn (husband, Ivan) Inger; her two grandchildren; and her three great-grandchildren; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Bernice Nordenberg of Glencoe, Illinois; and RESOLVED, That a suitable copy of this resolution be presented to the family of Bernice Nordenberg with our sincere condolences. HOUSE RESOLUTION 257 Offered by Representative O'Connor: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Raymond Pietrus is retiring after serving a dedicated twenty-five years with the Village
[April 26, 2001] 22 of LaGrange Park, Illinois; and WHEREAS, Raymond Pietrus has been a resident of LaGrange Park for the past thirty-two years; he has served on the Planning and Police Commissions for five years, as Village Trustee for twelve years, and as Village President for eight years; and WHEREAS, During his service with the Village of LaGrange Park, Mr. Pietrus served as the initiator of LaGrange Park's Economic Development Program and helped secure funding for the 31st Street Redevelopment Project; and WHEREAS, Raymond Pietrus currently serves as President of the West Central Municipal Conference; he is a member of the Proviso Municipal League and the Legislation Committee of the Metropolitan Mayors Caucus; and he represented the Village of LaGrange Park and WCMC at the "National League of Cities Conference" in Boston, Massachusetts in December of 2000; and WHEREAS, Raymond Pietrus is a veteran of the United States Navy, serving from 1943 until 1946; and WHEREAS, Raymond Pietrus is supported by his loving and very proud family, which includes his two daughters, Nancy and Susan; and WHEREAS, The Village of LaGrange Park honored the service of Raymond Pietrus at a reception on April, 23, 2001; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Raymond Pietrus on his retirement from a dedicated twenty five years of service with the Village of LaGrange Park, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Raymond Pietrus as an expression of our esteem. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 240 Offered by Representative Dart: WHEREAS, The adult female population in prisons in the State of Illinois was 2,892 in 2000, a 161.2 percent increase over the past ten years; and WHEREAS, Of this population less than 30 percent of these female prisoners were incarcerated for committing violent crimes; and WHEREAS, Cook County Jail currently houses about 1,200 women on any given day, and of this population approximately 90 percent are charged with non-violent crimes; and WHEREAS, In prisons in the State of Illinois, 80 percent of women are mothers and almost 50 percent have children under five years of age; and WHEREAS, Each year at least 25,000 children in the State of Illinois are impacted by maternal incarceration; and WHEREAS, An estimated 80 percent of all incarcerated women in the State of Illinois suffer from substance abuse problems; the State of Illinois can place only 12 percent of all incarcerated women into its substance abuse programs; and WHEREAS, It is a known fact that drug addiction causes crime, destroys the family structure, creates havoc in neighborhoods, and leaves paths of destruction in its wake; individuals convicted of crimes who have not received meaningful treatment while incarcerated continue to commit crimes; and WHEREAS, Community-based alternatives to incarceration for women convicted of non-violent offenses would allow children to stay with their mothers while their mothers receive appropriate treatment; with the appropriate treatment the mothers would be less likely to commit additional offenses and would be able to re-enter society as tax-paying citizens; in addition, their children would be less likely to become the next generation of incarcerated individuals; therefore, be it
23 [April 26, 2001] RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize May 14, 2001 as Mothers in Prison, Children in Crisis Day in the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Chicago Legal Aid to Incarcerated Mothers (C.L.A.I.M.). HOUSE RESOLUTION 250 Offered by Representative Erwin: WHEREAS, The quality of education of Illinois' children continues to be a high priority of the State; and WHEREAS, The State of Illinois values the commitment and dedication of the men and women comprising the State's quality teaching and administrative force; and WHEREAS, Illinois schools are experiencing a shortage of teachers in a wide variety of areas from early childhood through high school with very serious shortages in particular subject areas; and WHEREAS, The State Board of Education reports that 2,637 teaching and administrative positions were unfilled in the fall of 2000; and WHEREAS, Approximately 29,895 teachers and administrators will be eligible to retire by 2003; and WHEREAS, Many school districts have difficulty recruiting and retaining high-quality teachers and administrators for low-performing schools, for pupils with special needs, and for schools serving rural areas or large populations of pupils from low-income and minority families; and WHEREAS, Many factors contribute to rising teacher and administrator shortages and attrition rates including labor market forces, compensation, and working conditions in schools throughout the State; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Office of the Governor, the State Board of Education, the Board of Higher Education, the Illinois Community College Board, the Illinois Student Assistance Commission, and the Federation of Independent Illinois Colleges and Universities shall work in concert with the Teachers' Retirement System, the Chicago Public Schools, various business organizations, and major teacher and administrator associations to develop a strategic plan for the State of Illinois to assist school districts in responding to the need for recruiting and retaining high-quality teachers in all geographic regions of the State and throughout all subject areas; and be it further RESOLVED, That a report shall be filed with the General Assembly by October 15, 2001, recommending actions to be included in the State's FY 2003 budget related to teacher shortages; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Office of the Governor, the State Board of Education, the Board of Higher Education, the Illinois Community College Board, the Federation of Independent Illinois Colleges and Universities, the Illinois Student Assistance Commission, and the Teachers' Retirement System. HOUSE RESOLUTION 252 Offered by Representative Winkel: WHEREAS, The Constitution of the State of Illinois, Article 1, Section 15 states that "Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law"; and WHEREAS, Quick-take powers were originally intended for the acquisition of property to be used for public purposes, not private purposes; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that before a unit of local government may request House approval of legislation authorizing the unit of local government to acquire property by eminent domain using
[April 26, 2001] 24 "quick-take" powers under Section 7-103 of the Code of Civil Procedure, the unit of local government must comply with all of the following procedures: (1) The unit of local government must notify each owner of an interest in the property, by certified mail, of the unit of local government's intention to request approval of legislation by the General Assembly authorizing the unit of local government to acquire the property by eminent domain using "quick-take" powers under Section 7-103 of the Code of Civil Procedure. (2) The unit of local government must cause notice of its intention to request authorization to acquire the property by eminent domain using "quick-take" powers to be published in a newspaper of general circulation in the territory sought to be acquired by the unit of local government. (3) Following the notices required under paragraphs (1) and (2), the unit of local government must hold at least one public hearing, at the place where the unit of local government normally holds its business meetings, on the question of the unit of local government's acquisition of the property by eminent domain using "quick-take" powers. (4) Following the public hearing or hearings held under paragraph (3), the unit of local government must adopt, by recorded vote, a resolution to request approval of legislation by the General Assembly authorizing the unit of local government to acquire the property by eminent domain using "quick-take" powers under Section 7-103 of the Code of Civil Procedure. The resolution must include a statement of the time period within which the unit of local government requests authority to exercise "quick-take" powers, which may not exceed one year. (5) Following the public hearing or hearings held under paragraph (3), and not less than 30 days following the notice to the property owner or owners required under paragraph (1), the chief elected official of the unit of local government must submit to the Chairman of the House Executive Committee a sworn, notarized affidavit that states all of the following: (A) The legal description of the property. (B) The street address of the property. (C) The name of each State Senator and State Representative who represents the territory under the unit of local government's jurisdiction. (D) The date or dates on which the unit of local government contacted each such State Senator and State Representative concerning the unit of local government's intention to request approval of legislation by the General Assembly authorizing the unit of local government to acquire the property by eminent domain using "quick-take" powers. (E) The current name, address, and telephone number of each owner of an interest in the property. (F) A summary of all negotiations between the unit of local government and the owner or owners of the property concerning the sale of the property to the unit of local government. (G) A statement of the date and location of each public hearing held under paragraph (3). (H) A statement of the public purpose for which the unit of local government seeks to acquire the property. The affidavit must also contain the chief elected official's certification that (i) the property is located within the territory under the unit of local government's jurisdiction and (ii) the unit of local government seeks to acquire the property for a public purpose. (6) Together with the affidavit submitted under paragraph (5), the chief elected official of the unit of local government must submit the following items to the Chairman of the House Executive Committee: (A) A map of the area in which the property to be
25 [April 26, 2001] acquired is located, showing the location of the property. (B) Photographs of the property. (C) An appraisal of the property by a real estate appraiser who is certified or licensed under the Real Estate Appraiser Licensing Act. (D) A copy of the resolution adopted by the unit of local government under paragraph (4). (E) Documentation of the public purpose for which the unit of local government seeks to acquire the property. (F) A copy of each notice sent to an owner of an interest in the property under paragraph (1); and be it further RESOLVED, That every affidavit submitted by a unit of local government pursuant to this Resolution, together with all documents and other items submitted with the affidavit, must be made available to any person upon request for inspection and copying. HOUSE JOINT RESOLUTION 32 Offered by Representative Bellock: WHEREAS, The General Assembly supports a women's health platform that recognizes the importance of health care and treatment of women and calls for the elimination of any inequities that would impair the health status of women in Illinois; and WHEREAS, Illinois can increase its support for women's health and can make a significant difference in improving the status of women's health; and WHEREAS, Women are different metabolically, hormonally, and physiologically from men and have different patterns of health and disease and some diseases are more common in women than in men; and WHEREAS, Women are more likely to suffer from chronic diseases, more than one in 5 women have some form of cardiovascular disease and one in 2 women will have an osteoporosis-related fracture in their lifetimes; and WHEREAS, Women are 3 times more likely than men to develop rheumatoid arthritis and 2 to 3 times more likely than men to suffer from depression; and WHEREAS, Women are referred for diagnostic tests less frequently than men and are less frequently treated for heart disease than men; and WHEREAS, Women who smoke are 20 to 70 percent more likely to develop lung cancer than men and are 10 times more likely to contact HIV during unprotected sex than men; and WHEREAS, Women outnumber men by 3 to 1 in long-term care facilities; and WHEREAS, Women are much more likely to provide health care to family members and make health care decisions and spend 2 of every 3 health care dollars; and WHEREAS, There is abundant evidence that women are under-treated compared to men; and WHEREAS, There is abundant evidence that women are under-represented in women's health studies; and WHEREAS, Although there has been some national attention on women's health care issues and some legislative activity by the Congress on access issues, there remains little change in vitally important preventive care and treatment issues; and WHEREAS, In a recent survey of voters, almost 80% of women and 60% of men favored a women's health care platform that supports relevant care, relevant research, and relevant education for women; and WHEREAS, 9 out of 10 men and women agree that women have the right to access to quality treatment and access to the latest technologies and appropriate diagnostic tests; therefore, be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the General Assembly urges that every State agency and State-chartered institution of learning or recipient of State grants or funding take appropriate action to achieve improved and equal access
[April 26, 2001] 26 for women to quality health care, including: providing women with equal access to quality health care, including state-of-the-art medical advances and technology; increasing the number of women covered by comprehensive health care insurance including primary and preventive health care, for all women; preventing serious health problems by timely diagnosis and treatment programs; promoting strategies to increase patient access to recommended diagnostic and screening tests, preventive health regimens, and recommended treatments; encouraging unimpeded access to women's specialty health providers; creating and promoting public/private partnerships to create programs designed to improve the scope and quality of women's health care; improving communications between providers and patients; the continued expansion of participation by women in clinical trials; the increase in government and private research on women's health issues and the differences between men and women and how they impact quality health care; the conduct of more health outcomes research to demonstrate the value of women's health care interventions and preventative health measures in both the long term and the short term; the expansion of medical and nursing school curricula in the area of women's health, including gender biology education; public education campaigns to increase women's awareness about their unique health risks, how to negotiate the complexities of today's health care system and obtain the best care available; the conduct of public health campaigns via State and local departments of public health with private sector partners to focus on key women's health issues; the initiatives of the Illinois Department of Public Health, Office of Women's Health to raise awareness of women's special health care needs, and the advocacy of those issues; the development and dissemination of publicly available information on the quality of health care and health outcomes that improve women's abilities to choose the best women's health care plan; and the expansion of State screening programs targeted at lower-income women to include a full range of known risk factors; and be it further RESOLVED, That we commend the organization Women in Government for its leadership and enterprise in bringing to Illinois the appropriate urgency of need and meaningful steps that can be taken to attain the improved and equal access for women to quality health care, technologies, and treatments; education of researchers about gender differences; and unimpeded access to women's health providers; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Executive Director of Women in Government. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Burke, SENATE BILL 633 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative McAuliffe, SENATE BILL 683 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed.
27 [April 26, 2001] Ordered that the Clerk inform the Senate. On motion of Representative Steve Davis, SENATE BILL 610 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Coulson, SENATE BILL 816 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Poe, SENATE BILL 860 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Bill Mitchell, SENATE BILL 876 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Moore, SENATE BILL 961 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Hultgren, SENATE BILL 1026 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Bill Mitchell, SENATE BILL 1049 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote:
[April 26, 2001] 28 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Black, SENATE BILL 1113 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Mautino, SENATE BILL 1151 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Mathias, SENATE BILL 1297 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Cross, SENATE BILL 1048 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 14) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Hannig, SENATE BILL 1024 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 106, Yeas; 3, Nays; 0, Answering Present. (ROLL CALL 15) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Tenhouse, SENATE BILL 787 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 16) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate.
29 [April 26, 2001] On motion of Representative Miller, SENATE BILL 494 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 17) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE 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: SENATE BILLS 172, 290, 316, 319, 360, 405, 437, 448, 556, 660, 751, 859, 866, 867, 943, 1017, 1035, 1104, 1254, 1293 and 1341. Having been read by title a second time on April 18, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 104. SENATE BILL 213. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Agriculture, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 213 AMENDMENT NO. 1. Amend Senate Bill 213 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Commercial Feed Act of 1961 is amended by adding Section 9.5 as follows: (505 ILCS 30/9.5 new) Sec. 9.5. Inspection of facilities handling protein derived from mammalian tissues. (a) As used in this Section, the terms "protein derived from mammalian tissues" and "renderer" have the meanings given in 21 CFR Part 589 (Substances Prohibited from Use in Animal Food or Feed). (b) The Department shall inspect facilities that handle, process, mix, or manufacture any commercial feed or feed ingredient containing protein derived from mammalian tissues, as follows: (1) In the case of a facility operated by a renderer, at least twice per year, and more often if the Department determines that more frequent inspection is necessary to ensure compliance with this Act or the requirements of federal law. (2) In the case of a facility not operated by a renderer, at least once per year, and more often if the Department determines that more frequent inspection is necessary to ensure compliance with this Act or the requirements of federal law. At each such inspection, the Department shall inspect for any violation of State or federal law relating to the handling, processing, mixing, or manufacture of commercial feed or feed ingredients containing protein derived from mammalian tissues and may inspect for any other violation of this Act or the rules adopted under this Act. (c) A facility that handles, processes, mixes, or manufactures commercial feed or feed ingredients, but does not handle, process, mix, or manufacture any commercial feed or feed ingredient that contains protein derived from mammalian tissues, is exempt from the inspection requirements of this Section if an affidavit is submitted annually to the Department, signed by the owner or chief operating officer of the facility, stating under oath that the facility does not handle, mix, process, mix, or manufacture any commercial feed or feed ingredient that contains protein derived from mammalian tissues. If the affidavit is not submitted, the facility is subject to inspection in the same manner as facilities subject to subsection (b).
[April 26, 2001] 30 If at any time after submitting an affidavit under this subsection a facility handles, processes, mixes, or manufactures any commercial feed or feed ingredient containing protein derived from mammalian tissues, the owner or chief operating officer of the facility must so notify the Department within 7 days, and the facility shall thereafter be subject to the inspection requirements of subsection (b). (d) Except as otherwise authorized or required by State or federal law, the inspection requirements imposed by this Section terminate 3 years after the effective date of this amendatory Act of the 92nd General Assembly. (e) The Department shall adopt any rules necessary to implement this Section. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO SENATE BILL 213 AMENDMENT NO. 2. Amend Senate Bill 213, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1, on page 1, in line 13, before "that", by inserting "of persons subject to licensure under Section 4 of this Act". There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: SENATE BILL 333. SENATE BILL 624. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Mental Health & Patient Abuse, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 624 AMENDMENT NO. 1. Amend Senate Bill 624 by replacing the title with the following: "AN ACT in relation to health care."; and by replacing everything after the enacting clause with the following: "Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Sections 4, 7, and 15 as follows: (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4) Sec. 4. Supervision of facilities and services; quarterly reports. (a) To exercise executive and administrative supervision over all facilities, divisions, programs and services now existing or hereafter acquired or created under the jurisdiction of the Department, including, but not limited to, the following: The Alton Mental Health Center, at Alton The Clyde L. Choate Mental Health and Developmental Center, at Anna The Chester Mental Health Center, at Chester The Chicago-Read Mental Health Center, at Chicago The Elgin Mental Health Center, at Elgin The Metropolitan Children and Adolescents Center, at Chicago The Jacksonville Developmental Center, at Jacksonville The Governor Samuel H. Shapiro Developmental Center, at Kankakee The Tinley Park Mental Health Center, at Tinley Park The Warren G. Murray Developmental Center, at Centralia The Jack Mabley Developmental Center, at Dixon The Lincoln Developmental Center, at Lincoln The H. Douglas Singer Mental Health and Developmental Center, at Rockford
31 [April 26, 2001] The John J. Madden Mental Health Center, at Chicago The George A. Zeller Mental Health Center, at Peoria The Andrew McFarland Mental Health Center, at Springfield The Adolf Meyer Mental Health Center, at Decatur The William W. Fox Developmental Center, at Dwight The Elisabeth Ludeman Developmental Center, at Park Forest The William A. Howe Developmental Center, at Tinley Park The Ann M. Kiley Developmental Center, at Waukegan. (b) Beginning not later than July 1, 1977, the Department shall cause each of the facilities under its jurisdiction which provide in-patient care to comply with standards, rules and regulations of the Department of Public Health prescribed under Section 6.05 of the Hospital Licensing Act. (c) The Department shall issue quarterly reports on admissions, deflections, discharges, bed closures, staff-resident ratios, census, and average length of stay, and any adverse federal certification or accreditation findings, if any, for each State-operated facility for the mentally ill and developmentally disabled. (Source: P.A. 91-357, eff. 7-29-99; 91-652, eff. 12-1-99.) (20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7) Sec. 7. To receive and provide the highest possible quality of humane and rehabilitative care and treatment to all persons admitted or committed or transferred in accordance with law to the facilities, divisions, programs, and services under the jurisdiction of the Department. No resident of another state shall be received or retained to the exclusion of any resident of this State. No resident of another state shall be received or retained to the exclusion of any resident of this State. All recipients of 17 years of age and under in residence in a Department facility other than a facility for the care of the mentally retarded shall be housed in quarters separated from older recipients except for: (a) recipients who are placed in medical-surgical units because of physical illness; and (b) recipients between 13 and 18 years of age who need temporary security measures. All recipients in a Department facility shall be given a dental examination by a licensed dentist or registered dental hygienist at least once every 18 months and shall be assigned to a dentist for such dental care and treatment as is necessary. All medications administered to recipients shall be administered only by those persons who are legally qualified to do so by the laws of the State of Illinois. Medication shall not be prescribed until a physical and mental examination of the recipient has been completed. If, in the clinical judgment of a physician, it is necessary to administer medication to a recipient before the completion of the physical and mental examination, he may prescribe such medication but he must file a report with the facility director setting forth the reasons for prescribing such medication within 24 hours of the prescription. A copy of the report shall be part of the recipient's record. No later than January 1, 2002, the Department shall adopt a model protocol and forms for recording all patient diagnosis, care, and treatment at every facility under the jurisdiction of the Department. The model protocol and forms shall be used by each facility unless the Department determines that equivalent alternatives justify an exemption. Every facility under the jurisdiction of the Department shall maintain a copy of each report of suspected abuse or neglect of the patient. Copies of those reports shall be made available to the State Auditor General in connection with his biennial program audit of the facility as required by Section 3-2 of the Illinois State Auditing Act. No later than January 1, 2002, every facility under the jurisdiction of the Department and all services provided in those facilities shall comply with all of the applicable standards adopted by the Social Security Administration under Subchapter XVIII (Medicare) of the Social Security Act (42 U.S.C. 1395 - 1395ccc), if the facility and services may be eligible for federal financial participation under that federal law.
[April 26, 2001] 32 (Source: P.A. 86-922; 86-1013; 86-1475.) (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15) Sec. 15. Before any person is released from a facility operated by the State pursuant to an absolute discharge or a conditional discharge from hospitalization under this Act, the facility director of the facility in which such person is hospitalized shall determine that such person is not currently in need of hospitalization and: (a) is able to live independently in the community; or (b) requires further oversight and supervisory care for which arrangements have been made with responsible relatives or supervised residential program approved by the Department; or (c) requires further personal care or general oversight as defined by the Nursing Home Care Act, for which placement arrangements have been made with a suitable family home or other licensed facility approved by the Department under this Section; or (d) requires community mental health services for which arrangements have been made with a suitable community mental health provider in accordance with criteria, standards, and procedures promulgated by rule. The suitable community mental health provider shall be selected from among the Department's contractual designees. Such determination shall be made in writing and shall become a part of the facility record of such absolutely or conditionally discharged person. When the determination indicates that the condition of the person to be granted an absolute discharge or a conditional discharge is described under subparagraph (c) or (d) of this Section, the name and address of the continuing care facility or home to which such person is to be released shall be entered in the facility record. Where a discharge from a mental health facility is made under subparagraph (c), the Department shall assign the person so discharged to an existing community based not-for-profit agency for participation in day activities suitable to the person's needs, such as but not limited to social and vocational rehabilitation, and other recreational, educational and financial activities unless the community based not-for-profit agency is unable unqualified to accept such assignment. Where the clientele of any not-for-profit agency increases as a result of assignments under this amendatory Act of 2001 1977 by more than 3% over the prior year, the Department shall fully reimburse such agency for the increased costs of providing services to such persons in excess of such 3% increase. The Department shall keep written records detailing how many persons have been assigned to a community based not-for-profit agency and how many persons were not so assigned because the community based agency was unable to accept the assignments, in accordance with criteria, standards, and procedures promulgated by rule. Whenever a community based agency is found to be unable to accept the assignments, the name of the agency and the reason for the finding shall be included in the report. Insofar as desirable in the interests of the former recipient, the facility, program or home in which the discharged person is to be placed shall be located in or near the community in which the person resided prior to hospitalization or in the community in which the person's family or nearest next of kin presently reside. Placement of the discharged person in facilities, programs or homes located outside of this State shall not be made by the Department unless there are no appropriate facilities, programs or homes available within this State. Out-of-state placements shall be subject to return of recipients so placed upon the availability of facilities, programs or homes within this State to accommodate these recipients, except where placement in a contiguous state results in locating a recipient in a facility or program closer to the recipient's home or family. If an appropriate facility or program becomes available equal to or closer to the recipient's home or family, the recipient shall be returned to and placed at the appropriate facility or program within this State. To place any person who is under a program of the Department at board in a suitable family home or in such other facility or program as the Department may consider desirable. The Department may place in
33 [April 26, 2001] licensed nursing homes, sheltered care homes, or homes for the aged those persons whose behavioral manifestations and medical and nursing care needs are such as to be substantially indistinguishable from persons already living in such facilities. Prior to any placement by the Department under this Section, a determination shall be made by the personnel of the Department, as to the capability and suitability of such facility to adequately meet the needs of the person to be discharged. When specialized programs are necessary in order to enable persons in need of supervised living to develop and improve in the community, the Department shall place such persons only in specialized residential care facilities which shall meet Department standards including restricted admission policy, special staffing and programming for social and vocational rehabilitation, in addition to the requirements of the appropriate State licensing agency. The Department shall not place any new person in a facility the license of which has been revoked or not renewed on grounds of inadequate programming, staffing, or medical or adjunctive services, regardless of the pendency of an action for administrative review regarding such revocation or failure to renew. Before the Department may transfer any person to a licensed nursing home, sheltered care home or home for the aged or place any person in a specialized residential care facility the Department shall notify the person to be transferred, or a responsible relative of such person, in writing, at least 30 days before the proposed transfer, with respect to all the relevant facts concerning such transfer, except in cases of emergency when such notice is not required. If either the person to be transferred or a responsible relative of such person objects to such transfer, in writing to the Department, at any time after receipt of notice and before the transfer, the facility director of the facility in which the person was a recipient shall immediately schedule a hearing at the facility with the presence of the facility director, the person who objected to such proposed transfer, and a psychiatrist who is familiar with the record of the person to be transferred. Such person to be transferred or a responsible relative may be represented by such counsel or interested party as he may appoint, who may present such testimony with respect to the proposed transfer. Testimony presented at such hearing shall become a part of the facility record of the person-to-be-transferred. The record of testimony shall be held in the person-to-be-transferred's record in the central files of the facility. If such hearing is held a transfer may only be implemented, if at all, in accordance with the results of such hearing. Within 15 days after such hearing the facility director shall deliver his findings based on the record of the case and the testimony presented at the hearing, by registered or certified mail, to the parties to such hearing. The findings of the facility director shall be deemed a final administrative decision of the Department. For purposes of this Section, "case of emergency" means those instances in which the health of the person to be transferred is imperiled and the most appropriate mental health care or medical care is available at a licensed nursing home, sheltered care home or home for the aged or a specialized residential care facility. Prior to placement of any person in a facility under this Section the Department shall ensure that an appropriate training plan for staff is provided by the facility. Said training may include instruction and demonstration by Department personnel qualified in the area of mental illness or mental retardation, as applicable to the person to be placed. Training may be given both at the facility from which the recipient is transferred and at the facility receiving the recipient, and may be available on a continuing basis subsequent to placement. In a facility providing services to former Department recipients, training shall be available as necessary for facility staff. Such training will be on a continuing basis as the needs of the facility and recipients change and further training is required. The Department shall not place any person in a facility which does not have appropriately trained staff in sufficient numbers to accommodate the recipient population already at the facility. As a condition of further or future placements of persons, the Department
[April 26, 2001] 34 shall require the employment of additional trained staff members at the facility where said persons are to be placed. The Secretary, or his or her designate, shall establish written guidelines for placement of persons in facilities under this Act. The Department shall keep written records detailing which facilities have been determined to have appropriately trained staff, which facilities have been determined not to have such staff, and all training which it has provided or required under this Section. Bills for the support for a person boarded out shall be payable monthly out of the proper maintenance funds and shall be audited as any other accounts of the Department. If a person is placed in a facility or program outside the Department, the Department may pay the actual costs of residence, treatment or maintenance in such facility and may collect such actual costs or a portion thereof from the recipient or the estate of a person placed in accordance with this Section. Other than those placed in a family home the Department shall cause all persons who are placed in a facility, as defined by the Nursing Home Care Act, or in designated community living situations or programs, to be visited at least once during the first month following placement, and once every month thereafter for the first year following placement when indicated, but at least quarterly. After the first year, visits shall be made at least once per year for as long as the placement continues. If a long term care facility has periodic care plan conferences, the visitor may participate in those conferences. Visits shall be made by qualified and trained Department personnel, or their designee, in the area of mental health or developmental disabilities applicable to the person visited, and shall be made on a more frequent basis when indicated. The Department may not use as designee any personnel connected with or responsible to the representatives of any facility in which persons who have been transferred under this Section are placed. In the course of such visit there shall be consideration of the following areas, but not limited thereto: effects of transfer on physical and mental health of the person, sufficiency of nursing care and medical coverage required by the person, sufficiency of staff personnel and ability to provide basic care for the person, social, recreational and programmatic activities available for the person, and other appropriate aspects of the person's environment. A report containing the above observations shall be made to the Department and to any other appropriate agency subsequent to each visitation. The report shall contain a detailed assessment of whether the recipient is receiving necessary services in the least restrictive environment. If the recipient is not receiving those services, the Department shall either require that the facility modify the treatment plan to ensure that those services are provided or make arrangements necessary to provide those services elsewhere. At the conclusion of one year following absolute or conditional discharge, or a longer period of time if required by the Department, the Department may terminate the visitation requirements of this Section as to a person placed in accordance with this Section, by filing a written statement of termination setting forth reasons to substantiate the termination of visitations in the person's file, and sending a copy thereof to the person, and to his guardian or next of kin. Upon the complaint of any person placed in accordance with this Section or any responsible citizen or upon discovery that such person has been abused, neglected, or improperly cared for, or that the placement does not provide the type of care required by the recipient's current condition, the Department immediately shall investigate, and determine if the well-being, health, care, or safety of any person is affected by any of the above occurrences, and if any one of the above occurrences is verified, the Department shall remove such person at once to a facility of the Department or to another facility outside the Department, provided such person's needs can be met at said facility. The Department may also provide any person placed in accordance with this Section who is without available funds, and who is permitted to engage in employment outside the facility, such sums for the
35 [April 26, 2001] transportation, and other expenses as may be needed by him until he receives his wages for such employment. The Department shall promulgate rules and regulations governing the purchase of care for persons who are wards of or who are receiving services from the Department. Such rules and regulations shall apply to all monies expended by any agency of the State of Illinois for services rendered by any person, corporate entity, agency, governmental agency or political subdivision whether public or private outside of the Department whether payment is made through a contractual, per-diem or other arrangement. No funds shall be paid to any person, corporation, agency, governmental entity or political subdivision without compliance with such rules and regulations. The rules and regulations governing purchase of care shall describe categories and types of service deemed appropriate for purchase by the Department. Any provider of services under this Act may elect to receive payment for those services, and the Department is authorized to arrange for that payment, by means of direct deposit transmittals to the service provider's account maintained at a bank, savings and loan association, or other financial institution. The financial institution shall be approved by the Department, and the deposits shall be in accordance with rules and regulations adopted by the Department. (Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.) Section 10. The Hospital Licensing Act is amended by adding Section 6.19 as follows: (210 ILCS 5/6.19 new) Sec. 6.19. Use of restraints. Each hospital licensed under this Act must have a written policy to address the use of restraints and seclusion in the hospital. The Department shall establish, by rule, the provisions that the policy must include, which, to the extent practicable, should be consistent with the requirements of the federal Medicare program. For freestanding psychiatric hospitals and psychiatric units in general hospitals, restraints or seclusion shall only be ordered by persons as authorized under the Mental Health and Developmental Disabilities Code. For general hospitals, excluding freestanding psychiatric hospitals and psychiatric units in general hospitals, restraints or seclusion may only be employed upon the written order of: (1) a physician licensed to practice medicine in all its branches; (2) a physician assistant as authorized under the Physician Assistant Practice Act of 1987 or an advanced practice nurse as authorized under the Nursing and Advanced Practice Nursing Act; or (3) a registered nurse, provided that the medical staff of the hospital has adopted a policy authorizing such practice and specifying the requirements that a registered nurse must satisfy to order the use of restraints or seclusion. Section 15. The Abused and Neglected Long Term Care Facility Residents Reporting Act is amended by changing Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows: (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2) (Section scheduled to be repealed on January 1, 2002) Sec. 6.2. Inspector General. (a) The Governor shall appoint, and the Senate shall confirm, an Inspector General. The Inspector General shall be appointed for a term of 4 years and who shall function within the Department of Human Services and report to the Secretary of Human Services and the Governor. The Inspector General shall function independently within the Department of Human Services with respect to the operations of the office, including the performance of investigations and issuance of findings and recommendations. The Inspector General shall independently submit to the Governor any request for appropriations necessary for the ordinary and contingent expenses of the Office of Inspector General, and appropriations for that office shall be separate from the Department of Human Services. The Inspector General shall
[April 26, 2001] 36 investigate reports of suspected abuse or neglect (as those terms are defined in Section 3 of this Act) of patients or residents in any mental health or developmental disabilities facility operated by the Department of Human Services and shall have authority to investigate and take immediate action on reports of abuse or neglect of recipients, whether patients or residents, in any mental health or developmental disabilities facility or program that is licensed or certified by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) or that is funded by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) and is not licensed or certified by any agency of the State. At the specific, written request of an agency of the State other than the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities), the Inspector General may cooperate in investigating reports of abuse and neglect of persons with mental illness or persons with developmental disabilities. The Inspector General shall have no supervision over or involvement in routine, programmatic, licensure, or certification operations of the Department of Human Services or any of its funded agencies. The Inspector General shall promulgate rules establishing minimum requirements for reporting allegations of abuse and neglect and initiating, conducting, and completing investigations. The promulgated rules shall clearly set forth that in instances where 2 or more State agencies could investigate an allegation of abuse or neglect, the Inspector General shall not conduct an investigation that is redundant to an investigation conducted by another State agency. The rules shall establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but need not be limited to, site visits, telephone contacts, or requests for written responses from agencies. The rules shall also clarify how the Office of the Inspector General shall interact with the licensing unit of the Department of Human Services in investigations of allegations of abuse or neglect. Any allegations or investigations of reports made pursuant to this Act shall remain confidential until a final report is completed. The resident or patient who allegedly was abused or neglected and his or her legal guardian shall be informed by the facility or agency of the report of alleged abuse or neglect. Final reports regarding unsubstantiated or unfounded allegations shall remain confidential, except that final reports may be disclosed pursuant to Section 6 of this Act. The Inspector General shall be appointed for a term of 4 years. (b) The Inspector General shall within 24 hours after receiving a report of suspected abuse or neglect determine whether the evidence indicates that any possible criminal act has been committed. If he determines that a possible criminal act has been committed, or that special expertise is required in the investigation, he shall immediately notify the Department of State Police. The Department of State Police shall investigate any report indicating a possible murder, rape, or other felony. All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. (b-5) The Inspector General shall make a determination to accept or reject a preliminary report of the investigation of alleged abuse or neglect based on established investigative procedures. The facility or agency may request clarification or reconsideration based on additional information. For cases where the allegation of abuse or neglect is substantiated, the Inspector General shall require the facility or agency to submit a written response. The written response from a facility or agency shall address in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action. (c) The Inspector General shall, within 10 calendar days after the transmittal date of a completed investigation where abuse or neglect is
37 [April 26, 2001] substantiated or administrative action is recommended, provide a complete report on the case to the Secretary of Human Services and to the agency in which the abuse or neglect is alleged to have happened. The complete report shall include a written response from the agency or facility operated by the State to the Inspector General that addresses in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action. The Secretary of Human Services shall accept or reject the response and establish how the Department will determine whether the facility or program followed the approved response. The Secretary may require Department personnel to visit the facility or agency for training, technical assistance, programmatic, licensure, or certification purposes. Administrative action, including sanctions, may be applied should the Secretary reject the response or should the facility or agency fail to follow the approved response. Within 30 days after the Secretary has approved a response, the facility or agency making the response shall provide an implementation report to the Inspector General on the status of the corrective action implemented. Within 60 days after receiving the implementation report, the Inspector General shall conduct an investigation, which may include, but need not be limited to, site visits, telephone contacts, or requests for written documentation from the facility or agency, to determine whether the facility or agency is in compliance with the approved response. The facility or agency shall inform the resident or patient and the legal guardian whether the reported allegation was substantiated, unsubstantiated, or unfounded. There shall be an appeals process for any person or agency that is subject to any action based on a recommendation or recommendations. (d) The Inspector General may recommend to the Departments of Public Health and Human Services sanctions to be imposed against mental health and developmental disabilities facilities under the jurisdiction of the Department of Human Services for the protection of residents, including appointment of on-site monitors or receivers, transfer or relocation of residents, and closure of units. The Inspector General may seek the assistance of the Attorney General or any of the several State's attorneys in imposing such sanctions. Whenever the Inspector General issues any recommendations to the Secretary of Human Services, the Secretary shall provide a written response. (e) The Inspector General shall establish and conduct periodic training programs for Department of Human Services employees concerning the prevention and reporting of neglect and abuse. (f) The Inspector General shall at all times be granted access to any mental health or developmental disabilities facility operated by the Department of Human Services, shall establish and conduct unannounced site visits to those facilities at least once annually, and shall be granted access, for the purpose of investigating a report of abuse or neglect, to the records of the Department of Human Services and to any facility or program funded by the Department of Human Services that is subject under the provisions of this Section to investigation by the Inspector General for a report of abuse or neglect. (g) Nothing in this Section shall limit investigations by the Department of Human Services that may otherwise be required by law or that may be necessary in that Department's capacity as the central administrative authority responsible for the operation of State mental health and developmental disability facilities. (h) This Section is repealed on January 1, 2002. (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.) (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3) (Section scheduled to be repealed on January 1, 2002) Sec. 6.3. Quality Care Board. There is created, within the Department of Human Services' Office of the Inspector General, a Quality Care Board to be composed of 7 members appointed by the
[April 26, 2001] 38 Governor with the advice and consent of the Senate. One of the members shall be designated as chairman by the Governor. Of the initial appointments made by the Governor, 4 Board members shall each be appointed for a term of 4 years and 3 members shall each be appointed for a term of 2 years. Upon the expiration of each member's term, a successor shall be appointed for a term of 4 years. In the case of a vacancy in the office of any member, the Governor shall appoint a successor for the remainder of the unexpired term. Members appointed by the Governor shall be qualified by professional knowledge or experience in the area of law, investigatory techniques, or in the area of care of the mentally ill or developmentally disabled. Two members appointed by the Governor shall be persons with a disability or a parent of a person with a disability. Members shall serve without compensation, but shall be reimbursed for expenses incurred in connection with the performance of their duties as members. The Board shall meet quarterly, and may hold other meetings on the call of the chairman. Four members shall constitute a quorum. The Board may adopt rules and regulations it deems necessary to govern its own procedures. This Section is repealed on January 1, 2002. (Source: P.A. 91-169, eff. 7-16-99.) (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4) (Section scheduled to be repealed on January 1, 2002) Sec. 6.4. Scope and function of the Quality Care Board. The Board shall monitor and oversee the operations, policies, and procedures of the Inspector General to assure the prompt and thorough investigation of allegations of neglect and abuse. In fulfilling these responsibilities, the Board may do the following: (1) Provide independent, expert consultation to the Inspector General on policies and protocols for investigations of alleged neglect and abuse. (2) Review existing regulations relating to the operation of facilities under the control of the Department of Human Services. (3) Advise the Inspector General as to the content of training activities authorized under Section 6.2. (4) Recommend policies concerning methods for improving the intergovernmental relationships between the office of the Inspector General and other State or federal agencies. This Section is repealed on January 1, 2002. (Source: P.A. 91-169, eff. 7-16-99.) (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5) (Section scheduled to be repealed on January 1, 2002) Sec. 6.5. Investigators. Within 60 days after the effective date of this amendatory Act of 1992, The Inspector General shall establish a comprehensive program to ensure that every person employed or newly hired to conduct investigations shall receive training on an on-going basis concerning investigative techniques, communication skills, and the appropriate means of contact with persons admitted or committed to the mental health or developmental disabilities facilities under the jurisdiction of the Department of Human Services. This Section is repealed on January 1, 2002. (Source: P.A. 91-169, eff. 7-16-99.) (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6) (Section scheduled to be repealed on January 1, 2002) Sec. 6.6. Subpoenas; testimony; penalty. The Inspector General shall have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Act, provided that the power to subpoena or to compel the production of books and papers shall not extend to the person or documents of a labor organization or its representatives insofar as the person or documents of a labor organization relate to the function of representing an employee subject to investigation under this Act. Mental health records of patients shall be confidential as provided under the Mental Health and Developmental Disabilities Confidentiality Act. Any person who fails to appear in response to a subpoena or to answer any question
39 [April 26, 2001] or produce any books or papers pertinent to an investigation under this Act, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Act is guilty of a Class A misdemeanor. This Section is repealed on January 1, 2002. (Source: P.A. 91-169, eff. 7-16-99.) (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7) (Section scheduled to be repealed on January 1, 2002) Sec. 6.7. Annual report. The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Act for the prior fiscal year with respect to residents of institutions under the jurisdiction of the Department of Human Services. The report shall detail the imposition of sanctions and the final disposition of those recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The report shall also include a trend analysis of the number of reported allegations and their disposition, for each facility and Department-wide, for the most recent 3-year time period and a statement, for each facility, of the staffing-to-patient ratios. The ratios shall include only the number of direct care staff. The report shall also include detailed recommended administrative actions and matters for consideration by the General Assembly. This Section is repealed on January 1, 2002. (Source: P.A. 91-169, eff. 7-16-99.) (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8) (Section scheduled to be repealed on January 1, 2002) Sec. 6.8. Program audit. The Auditor General shall conduct a biennial program audit of the office of the Inspector General in relation to the Inspector General's compliance with this Act. The audit shall specifically include the Inspector General's effectiveness in investigating reports of alleged neglect or abuse of residents in any facility operated by the Department of Human Services and in making recommendations for sanctions to the Departments of Human Services and Public Health. The Auditor General shall conduct the program audit according to the provisions of the Illinois State Auditing Act and shall report its findings to the General Assembly no later than January 1 of each odd-numbered year. This Section is repealed on January 1, 2002. (Source: P.A. 91-169, eff. 7-16-99.) Section 20. The Nursing Home Care Act is amended by changing Sections 2-106 and 2-106.1 as follows: (210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106) Sec. 2-106. (a) For purposes of this Act, (i) a physical restraint is any manual method or physical or mechanical device, material, or equipment attached or adjacent to a resident's body that the resident cannot remove easily and restricts freedom of movement or normal access to one's body; (ii) a chemical restraint is any drug used for discipline or convenience and not required to treat medical symptoms. The Department shall by rule, designate certain devices as restraints, including at least all those devices which have been determined to be restraints by the United States Department of Health and Human Services in interpretive guidelines issued for the purposes of administering Titles 18 and 19 of the Social Security Acts. (b) Neither restraints nor confinements shall be employed for the purpose of punishment or for the convenience of any facility personnel. No restraints or confinements shall be employed except as ordered by a physician who documents the need for such restraints or confinements in the resident's clinical record. Whenever a resident is restrained, a member of the facility staff shall remain with the resident at all times unless the resident has been confined. A resident who is restrained and confined shall be observed by a qualified person as often as is clinically appropriate but in no event less often than once every 15 minutes. (c) A restraint may be used only with the informed consent of the resident, the resident's guardian, or other authorized representative.
[April 26, 2001] 40 A restraint may be used only for specific periods, if it is the least restrictive means necessary to attain and maintain the resident's highest practicable physical, mental or psychosocial well-being, including brief periods of time to provide necessary life-saving treatment. A restraint may be used only after consultation with appropriate health professionals, such as occupational or physical therapists, and a trial of less restrictive measures has led to the determination that the use of less restrictive measures would not attain or maintain the resident's highest practicable physical, mental or psychosocial well-being. However, if the resident needs emergency care, restraints may be used for brief periods to permit medical treatment to proceed unless the facility has notice that the resident has previously made a valid refusal of the treatment in question. (d) A restraint may be applied only by a person trained in the application of the particular type of restraint. (e) Whenever a period of use of a restraint is initiated, the resident shall be advised of his or her right to have a person or organization of his or her choosing, including the Guardianship and Advocacy Commission, notified of the use of the restraint. A recipient who is under guardianship may request that a person or organization of his or her choosing be notified of the restraint, whether or not the guardian approves the notice. If the resident so chooses, the facility shall make the notification within 24 hours, including any information about the period of time that the restraint is to be used. Whenever the Guardianship and Advocacy Commission is notified that a resident has been restrained, it shall contact the resident to determine the circumstances of the restraint and whether further action is warranted. (f) Whenever a restraint is used on a resident whose primary mode of communication is sign language, the resident shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may result in physical harm to the resident or others. (g) The requirements of this Section are intended to control in any conflict with the requirements of Sections 1-126 and 2-108 of the Mental Health and Developmental Disabilities Code. (Source: P.A. 88-413.) (210 ILCS 45/2-106.1) Sec. 2-106.1. Drug treatment. (a) A resident shall not be given unnecessary drugs. An unnecessary drug is any drug used in an excessive dose, including in duplicative therapy; for excessive duration; without adequate monitoring; without adequate indications for its use; or in the presence of adverse consequences that indicate the drugs should be reduced or discontinued. The Department shall adopt, by rule, the standards for unnecessary drugs contained in interpretive guidelines issued by the United States Department of Health and Human Services for the purposes of administering titles 18 and 19 of the Social Security Act. (b) Psychotropic medication shall not be prescribed without the informed consent of the resident, the resident's guardian, or other authorized representative. "Psychotropic medication" means medication that is used for or listed as used for antipsychotic, antidepressant, antimanic, or antianxiety behavior modification or behavior management purposes in the latest editions of the AMA Drug Evaluations or the Physician's Desk Reference. (c) The requirements of this Section are intended to control in a conflict with the requirements of Sections 2-102 1-102 and 2-107.2 of the Mental Health and Developmental Disabilities Code with respect to the administration of psychotropic medication. (Source: P.A. 88-413.) Section 25. The Nursing and Advanced Practice Nursing Act is amended by changing Section 5-10 as follows: (225 ILCS 65/5-10) Sec. 5-10. Definitions. Each of the following terms, when used in this Act, shall have the meaning ascribed to it in this Section, except where the context clearly indicates otherwise:
41 [April 26, 2001] (a) "Department" means the Department of Professional Regulation. (b) "Director" means the Director of Professional Regulation. (c) "Board" means the Board of Nursing appointed by the Director. (d) "Academic year" means the customary annual schedule of courses at a college, university, or approved school, customarily regarded as the school year as distinguished from the calendar year. (e) "Approved program of professional nursing education" and "approved program of practical nursing education" are programs of professional or practical nursing, respectively, approved by the Department under the provisions of this Act. (f) "Nursing Act Coordinator" means a registered professional nurse appointed by the Director to carry out the administrative policies of the Department. (g) "Assistant Nursing Act Coordinator" means a registered professional nurse appointed by the Director to assist in carrying out the administrative policies of the Department. (h) "Registered" is the equivalent of "licensed". (i) "Practical nurse" or "licensed practical nurse" means a person who is licensed as a practical nurse under this Act and practices practical nursing as defined in paragraph (j) of this Section. Only a practical nurse licensed under this Act is entitled to use the title "licensed practical nurse" and the abbreviation "L.P.N.". (j) "Practical nursing" means the performance of nursing acts requiring the basic nursing knowledge, judgement, and skill acquired by means of completion of an approved practical nursing education program. Practical nursing includes assisting in the nursing process as delegated by and under the direction of a registered professional nurse. The practical nurse may work under the direction of a licensed physician, dentist, podiatrist, or other health care professional determined by the Department. (k) "Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in paragraph (l) of this Section. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.". (l) "Registered professional nursing practice" includes all nursing specialities and means the performance of any nursing act based upon professional knowledge, judgment, and skills acquired by means of completion of an approved registered professional nursing education program. A registered professional nurse provides nursing care emphasizing the importance of the whole and the interdependence of its parts through the nursing process to individuals, groups, families, or communities, that includes but is not limited to: (1) the assessment of healthcare needs, nursing diagnosis, planning, implementation, and nursing evaluation; (2) the promotion, maintenance, and restoration of health; (3) counseling, patient education, health education, and patient advocacy; (4) the administration of medications and treatments as prescribed by a physician licensed to practice medicine in all of its branches, a licensed dentist, a licensed podiatrist, or a licensed optometrist or as prescribed by a physician assistant in accordance with written guidelines required under the Physician Assistant Practice Act of 1987 or by an advanced practice nurse in accordance with a written collaborative agreement required under the Nursing and Advanced Practice Nursing Act; (5) the coordination and management of the nursing plan of care; (6) the delegation to and supervision of individuals who assist the registered professional nurse implementing the plan of care; and (7) teaching and supervision of nursing students; and (8) the ordering of restraint or seclusion as authorized under the Hospital Licensing Act. The foregoing shall not be deemed to include those acts of medical diagnosis or prescription of therapeutic or corrective measures that are properly performed only by physicians licensed in the State of Illinois. (m) "Current nursing practice update course" means a planned nursing education curriculum approved by the Department consisting of activities that have educational objectives, instructional methods,
[April 26, 2001] 42 content or subject matter, clinical practice, and evaluation methods, related to basic review and updating content and specifically planned for those nurses previously licensed in the United States or its territories and preparing for reentry into nursing practice. (n) "Professional assistance program for nurses" means a professional assistance program that meets criteria established by the Board of Nursing and approved by the Director, which provides a non-disciplinary treatment approach for nurses licensed under this Act whose ability to practice is compromised by alcohol or chemical substance addiction. (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.) Section 99. Effective date. This Section, Sections 10 and 25, the changes to Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 of the Abused and Neglected Long Term Care Facility Residents Reporting Act, and the changes to Section 3-203 of the Nursing Home Care Act take effect upon becoming law.". AMENDMENT NO. 2 TO SENATE BILL 624 AMENDMENT NO. 2. Amend Senate Bill 624, AS AMENDED, by inserting immediately below the last line of Section 25 the following: "Section 90. The Unified Code of Corrections is amended by changing Section 5-2-4 as follows: (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4) Sec. 5-2-4. Proceedings after Acquittal by Reason of Insanity. (a) After a finding or verdict of not guilty by reason of insanity under Sections 104-25, 115-3 or 115-4 of The Code of Criminal Procedure of 1963, the defendant shall be ordered to the Department of Human Services for an evaluation as to whether he is subject to involuntary admission or in need of mental health services. The order shall specify whether the evaluation shall be conducted on an inpatient or outpatient basis. If the evaluation is to be conducted on an inpatient basis, the defendant shall be placed in a secure setting unless the Court determines that there are compelling reasons why such placement is not necessary. After the evaluation and during the period of time required to determine the appropriate placement, the defendant shall remain in jail. Upon completion of the placement process the sheriff shall be notified and shall transport the defendant to the designated facility. The Department shall provide the Court with a report of its evaluation within 30 days of the date of this order. The Court shall hold a hearing as provided under the Mental Health and Developmental Disabilities Code to determine if the individual is: (a) subject to involuntary admission; (b) in need of mental health services on an inpatient basis; (c) in need of mental health services on an outpatient basis; (d) a person not in need of mental health services. The Court shall enter its findings. If the defendant is found to be subject to involuntary admission or in need of mental health services on an inpatient care basis, the Court shall order the defendant to the Department of Human Services. The defendant shall be placed in a secure setting unless the Court determines that there are compelling reasons why such placement is not necessary. Such defendants placed in a secure setting shall not be permitted outside the facility's housing unit unless escorted or accompanied by personnel of the Department of Human Services or with the prior approval of the Court for unsupervised on-grounds privileges as provided herein. Any defendant placed in a secure setting pursuant to this Section, transported to court hearings or other necessary appointments off facility grounds by personnel of the Department of Human Services, may be placed in security devices or otherwise secured during the period of transportation to assure secure transport of the defendant and the safety of Department of Human Services personnel and others. These security measures shall not constitute restraint as defined in the Mental Health and Developmental Disabilities Code. If the defendant is found to be in need of mental health services, but not
43 [April 26, 2001] on an inpatient care basis, the Court shall conditionally release the defendant, under such conditions as set forth in this Section as will reasonably assure the defendant's satisfactory progress in treatment or rehabilitation and the safety of the defendant or others. If the Court finds the person not in need of mental health services, then the Court shall order the defendant discharged from custody. (1) Definitions: For the purposes of this Section: (A) "Subject to involuntary admission" means: a defendant has been found not guilty by reason of insanity; and (i) who is mentally ill and who because of his mental illness is reasonably expected to inflict serious physical harm upon himself or another in the near future; or (ii) who is mentally ill and who because of his illness is unable to provide for his basic physical needs so as to guard himself from serious harm. (B) "In need of mental health services on an inpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not subject to involuntary admission but who is reasonably expected to inflict serious physical harm upon himself or another and who would benefit from inpatient care or is in need of inpatient care. (C) "In need of mental health services on an outpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not subject to involuntary admission or in need of mental health services on an inpatient basis, but is in need of outpatient care, drug and/or alcohol rehabilitation programs, community adjustment programs, individual, group, or family therapy, or chemotherapy. (D) "Conditional Release" means: the release from either the custody of the Department of Human Services or the custody of the Court of a person who has been found not guilty by reason of insanity under such conditions as the Court may impose which reasonably assure the defendant's satisfactory progress in treatment or habilitation and the safety of the defendant and others. The Court shall consider such terms and conditions which may include, but need not be limited to, outpatient care, alcoholic and drug rehabilitation programs, community adjustment programs, individual, group, family, and chemotherapy, periodic checks with the legal authorities and/or the Department of Human Services. The Court may order the Department of Human Services to provide care to any person conditionally released under this Section. The Department may contract with any public or private agency in order to discharge any responsibilities imposed under this Section. The contracting process shall require services to be identified in a treatment plan, the resource requirements to provide those services, the parties responsible for providing those resources, and the process for securing future treatment and supportive service and resource needs. The Department shall monitor the provision of services to persons conditionally released under this Section and provide periodic reports to the Court concerning the services and the condition of the defendant. Whenever a person is conditionally released pursuant to this Section, the State's Attorney for the county in which the hearing is held shall designate in writing the name, telephone number, and address of a person employed by him or her who shall be notified in the event that either the reporting agency or the Department decide that the conditional release of the defendant should be revoked or modified pursuant to subsection (i) of this Section The person or facility rendering the outpatient care shall be required to periodically report to the Court on the progress of the defendant. Such conditional release shall be for a period of five years. However, unless the defendant, the person or facility rendering the treatment, therapy, program or outpatient care, the Department or the State's Attorney may petition petitions the Court for an extension of the conditional release period for an additional 5 three years. Upon receipt of such a petition, the Court shall hold
[April 26, 2001] 44 a hearing consistent with the provisions of this paragraph (a) and paragraph (f) of this Section, shall determine whether the defendant should continue to be subject to the terms of conditional release, and shall enter an order either extending the defendant's period of conditional release for an a single additional 5 three year period or discharging the defendant. Additional 5 year periods of conditional release may be ordered following a hearing as provided in this Section. However, in no event shall the defendant's period of conditional release continue beyond the maximum period of commitment ordered by the Court pursuant to paragraph (b) of this Section exceed eight years. These provisions for extension of conditional release shall only apply to defendants conditionally released on or after the effective date of this amendatory Act of the 92nd General Assembly July 1, 1979. However the extension provisions of Public Act 83-1449 apply only to defendants charged with a forcible felony. (E) "Facility director" means the chief officer of a mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, or nurse. (b) If the Court finds the defendant subject to involuntary admission or in need of mental health services on an inpatient basis, the admission, detention, care, treatment or habilitation, treatment plans, review proceedings, including review of treatment and treatment plans, and discharge of the defendant after such order shall be under the Mental Health and Developmental Disabilities Code, except that the initial order for admission of a defendant acquitted of a felony by reason of insanity shall be for an indefinite period of time. Such period of commitment shall not exceed the maximum length of time that the defendant would have been required to serve, less credit for good behavior, before becoming eligible for release had he been convicted of and received the maximum sentence for the most serious crime for which he has been acquitted by reason of insanity. The Court shall determine the maximum period of commitment by an appropriate order. During this period of time, the defendant shall not be permitted to be in the community in any manner, including but not limited to off-grounds privileges, with or without escort by personnel of the Department of Human Services, unsupervised on-grounds privileges, discharge or conditional or temporary release, except by a plan as provided in this Section. In no event shall a defendant's continued unauthorized absence be a basis for discharge. Not more than 30 days after admission and every 60 days thereafter so long as the initial order remains in effect, the facility director shall file a treatment plan report with the court and forward a copy of the treatment plan report to the clerk of the court, the State's Attorney, and the defendant's attorney, if the defendant is represented by counsel, or to a person authorized by the defendant under the Mental Health and Developmental Disabilities Confidentiality Act to be sent a copy of the report. The report shall include an opinion as to whether the defendant is currently subject to involuntary admission, in need of mental health services on an inpatient basis, or in need of mental health services on an outpatient basis. The report shall also summarize the basis for those findings and provide a current summary of the following items from the treatment plan: (1) an assessment of the defendant's treatment needs, (2) a description of the services recommended for treatment, (3) the goals of each type of element of service, (4) an anticipated timetable for the accomplishment of the goals, and (5) a designation of the qualified professional responsible for the implementation of the plan. The report may also include unsupervised on-grounds privileges, off-grounds privileges (with or without escort by personnel of the Department of Human Services), home visits and participation in work programs, but only where such privileges have been approved by specific court order, which order may include such conditions on the defendant as the Court may deem appropriate and necessary to reasonably assure the defendant's satisfactory progress in treatment and the safety of
45 [April 26, 2001] the defendant and others. (c) Every defendant acquitted of a felony by reason of insanity and subsequently found to be subject to involuntary admission or in need of mental health services shall be represented by counsel in all proceedings under this Section and under the Mental Health and Developmental Disabilities Code. (1) The Court shall appoint as counsel the public defender or an attorney licensed by this State. (2) Upon filing with the Court of a verified statement of legal services rendered by the private attorney appointed pursuant to paragraph (1) of this subsection, the Court shall determine a reasonable fee for such services. If the defendant is unable to pay the fee, the Court shall enter an order upon the State to pay the entire fee or such amount as the defendant is unable to pay from funds appropriated by the General Assembly for that purpose. (d) When the facility director determines that: (1) the defendant is no longer subject to involuntary admission or in need of mental health services on an inpatient basis; and (2) the defendant may be conditionally released because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services; or (3) the defendant no longer requires placement in a secure setting; the facility director shall give written notice to the Court, State's Attorney and defense attorney. Such notice shall set forth in detail the basis for the recommendation of the facility director, and specify clearly the recommendations, if any, of the facility director, concerning conditional release. Any recommendation for conditional release shall include an evaluation of the defendant's need for psychotropic medication, what provisions should be made, if any, to insure that the defendant will continue to receive psychotropic medication following discharge and what provisions should be made to assure the safety of the defendant and others in the event the defendant is no longer receiving psychotropic medication. Within 30 days of the notification by the facility director, the Court shall set a hearing and make a finding as to whether the defendant is: (i) subject to involuntary admission; or (ii) in need of mental health services in the form of inpatient care; or (iii) in need of mental health services but not subject to involuntary admission or inpatient care; or (iv) no longer in need of mental health services; or (v) no longer requires placement in a secure setting. Upon finding by the Court, the Court shall enter its findings and such appropriate order as provided in subsection (a) of this Section. (e) A defendant admitted pursuant to this Section, or any person on his behalf, may file a petition for treatment plan review, transfer to a non-secure setting within the Department of Human Services or discharge or conditional release under the standards of this Section in the Court which rendered the verdict. Upon receipt of a petition for treatment plan review, transfer to a non-secure setting or discharge or conditional release, the Court shall set a hearing to be held within 120 days. Thereafter, no new petition may be filed for 120 days without leave of the Court. (f) The Court shall direct that notice of the time and place of the hearing be served upon the defendant, the facility director, the State's Attorney, and the defendant's attorney. If requested by either the State or the defense or if the Court feels it is appropriate, an impartial examination of the defendant by a psychiatrist or clinical psychologist as defined in Section 1-103 of the Mental Health and Developmental Disabilities Code who is not in the employ of the Department of Human Services shall be ordered, and the report considered at the time of the hearing. (g) The findings of the Court shall be established by clear and
[April 26, 2001] 46 convincing evidence. The burden of proof and the burden of going forth with the evidence rest with the defendant or any person on the defendant's behalf when a hearing is held to review the determination of the facility director that the defendant should be transferred to a non-secure setting, discharged, or conditionally released or when a hearing is held to review a petition filed by or on behalf of the defendant. The evidence shall be presented in open Court with the right of confrontation and cross-examination. (h) Before the Court orders that the defendant be discharged or conditionally released, it shall order the facility director to establish a discharge plan that includes a plan for the defendant's shelter, support, and medication. If appropriate, the Court shall order that the facility director establish a program to train the defendant in self-medication under standards established by the Department of Human Services. If the Court finds that the defendant is no longer in need of mental health services it shall order the facility director to discharge the defendant. If the Court finds that the defendant is in need of mental health services, and no longer in need of inpatient care, it shall order the facility director to release the defendant under such conditions as the Court deems appropriate and as provided by this Section. Such conditional release shall be imposed for a period of five years and shall be subject to later modification by the Court as provided by this Section. If the Court finds that the defendant is subject to involuntary admission or in need of mental health services on an inpatient basis, it shall order the facility director not to discharge or release the defendant in accordance with paragraph (b) of this Section. (i) If within the period of the defendant's conditional release, the State's Attorney determines that the defendant has not fulfilled the conditions of his or her release, the State's Attorney may petition the Court to revoke or modify the conditional release of the defendant. Upon the filing of such petition the defendant may be remanded to the custody of the Department, or to any other mental health facility designated by the Department, pending the resolution of the petition. Nothing in this Section shall prevent the emergency admission of a defendant pursuant to Article VI of Chapter III of the Mental Health and Developmental Disabilities Code or the voluntary admission of the defendant pursuant to Article IV of Chapter III of the Mental Health and Developmental Disabilities Code. If the Court determines, after hearing evidence, that the defendant has not fulfilled the conditions of release, the Court shall order a hearing to be held consistent with the provisions of paragraph (f) and (g) of this Section. At such hearing, if the Court finds that the defendant is subject to involuntary admission or in need of mental health services on an inpatient basis, it shall enter an order remanding him or her to the Department of Human Services or other facility. If the defendant is remanded to the Department of Human Services, he or she shall be placed in a secure setting unless the Court determines that there are compelling reasons that such placement is not necessary. If the Court finds that the defendant continues to be in need of mental health services but not on an inpatient basis, it may modify the conditions of the original release in order to reasonably assure the defendant's satisfactory progress in treatment and his or her safety and the safety of others in accordance with the standards established in paragraph (1) (D) of subsection (a). In no event shall such conditional release be longer than eight years. Nothing in this Section shall limit a Court's contempt powers or any other powers of a Court. (j) An order of admission under this Section does not affect the remedy of habeas corpus. (k) In the event of a conflict between this Section and the Mental Health and Developmental Disabilities Code or the Mental Health and Developmental Disabilities Confidentiality Act, the provisions of this Section shall govern. (l) This amendatory Act shall apply to all persons who have been found not guilty by reason of insanity and who are presently committed to the Department of Mental Health and Developmental Disabilities (now
47 [April 26, 2001] the Department of Human Services). (m) The Clerk of the Court shall, after the entry of an order of transfer to a non-secure setting of the Department of Human Services or discharge or conditional release, transmit a certified copy of the order to the Department of Human Services, and the sheriff of the county from which the defendant was admitted. In cases where the arrest of the defendant or the commission of the offense took place in any municipality with a population of more than 25,000 persons, The Clerk of the Court shall also transmit a certified copy of the order of discharge or conditional release to the Illinois Department of State Police, to the proper law enforcement agency for the said municipality where the offense took place and to the sheriff of the county into which the defendant is conditionally discharged. The Illinois Department of State Police shall maintain a centralized record of discharged or conditionally released defendants while they are under court supervision for access and use of appropriate law enforcement agencies provided the municipality has requested such notice in writing. (Source: P.A. 90-105, eff. 7-11-97; 90-593, eff. 6-19-98; 91-536, eff. 1-1-00; 91-770, eff. 1-1-01.)". There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 839. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Children & Youth, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 839 AMENDMENT NO. 1. Amend Senate Bill 839 on page 1, line 10, by changing "may" to "shall may"; and on page 1, line 19, by changing "the Child" to "a Child". AMENDMENT NO. 2 TO SENATE BILL 839 AMENDMENT NO. 2. Amend Senate Bill 839 on page 1, between lines 3 and 4, by inserting the following: "Section 2. The Children and Family Services Act is amended by changing Sections 7, 7.3, and 35.6 and adding Section 5d as follows: (20 ILCS 505/5d new) Sec. 5d. Advocacy Office for Children and Families. The Department of Children and Family Services shall establish and maintain an Advocacy Office for Children and Families that shall, in addition to other duties assigned by the Director, receive and respond to complaints that may be filed by children, parents, caretakers, and relatives of children receiving child welfare services from the Department of Children and Family Services or its agents. The Department shall promulgate policies and procedures for filing, processing, investigating, and resolving the complaints. The Department shall make a final report to the complainant of its findings. If a final report is not completed, the Department shall report on its disposition every 30 days. The Advocacy Office shall include a statewide toll-free telephone number that may be used to file complaints, or to obtain information about the delivery of child welfare services by the Department or its agents. This telephone number shall be included in all appropriate notices and handbooks regarding services available through the Department. (20 ILCS 505/7) (from Ch. 23, par. 5007) Sec. 7. Placement of children; considerations. (a) In placing any child under this Act, the Department shall place such child, as far as possible, in the care and custody of some individual holding the same religious belief as the parents of the
[April 26, 2001] 48 child, or with some child care facility which is operated by persons of like religious faith as the parents of such child. (b) In placing a child under this Act, the Department may place a child with a relative if the Department has reason to believe that the relative will be able to adequately provide for the child's safety and welfare. The Department may not place a child with a relative, with the exception of certain circumstances which may be waived as defined by the Department in rules, if the results of a check of the Law Enforcement Agency Data System (LEADS) identifies a prior criminal conviction of the relative or any adult member of the relative's household for any of the following offenses under the Criminal Code of 1961: (1) murder; (1.1) solicitation of murder; (1.2) solicitation of murder for hire; (1.3) intentional homicide of an unborn child; (1.4) voluntary manslaughter of an unborn child; (1.5) involuntary manslaughter; (1.6) reckless homicide; (1.7) concealment of a homicidal death; (1.8) involuntary manslaughter of an unborn child; (1.9) reckless homicide of an unborn child; (1.10) drug-induced homicide; (2) a sex offense under Article 11, except offenses described in Sections 11-7, 11-8, 11-12, and 11-13; (3) kidnapping; (3.1) aggravated unlawful restraint; (3.2) forcible detention; (3.3) aiding and abetting child abduction; (4) aggravated kidnapping; (5) child abduction; (6) aggravated battery of a child; (7) criminal sexual assault; (8) aggravated criminal sexual assault; (8.1) predatory criminal sexual assault of a child; (9) criminal sexual abuse; (10) aggravated sexual abuse; (11) heinous battery; (12) aggravated battery with a firearm; (13) tampering with food, drugs, or cosmetics; (14) drug-induced infliction of great bodily harm; (15) aggravated stalking; (16) home invasion; (17) vehicular invasion; (18) criminal transmission of HIV; (19) criminal neglect of an elderly or disabled person; (20) child abandonment; (21) endangering the life or health of a child; (22) ritual mutilation; (23) ritualized abuse of a child; (24) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the foregoing offenses. For the purpose of this subsection, "relative" shall include any person, 21 years of age or over, other than the parent, who (i) is currently related to the child in any of the following ways by blood or adoption: grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, great-uncle, or great-aunt; or (ii) is the spouse of such a relative; or (iii) is the child's step-father, step-mother, or adult step-brother or step-sister; "relative" also includes a person related in any of the foregoing ways to a sibling of a child, even though the person is not related to the child, when the child and its sibling are placed together with that person. A relative with whom a child is placed pursuant to this subsection may, but is not required to, apply for licensure as a foster family home pursuant to the Child Care Act of 1969; provided, however, that as of July 1, 1995, foster
49 [April 26, 2001] care payments shall be made only to licensed foster family homes pursuant to the terms of Section 5 of this Act. (c) In placing a child under this Act, the Department shall ensure that the child's health, safety, and best interests are met in making a family foster care placement. The Department shall consider the individual needs of the child and the capacity of the prospective foster or adoptive parents to meet the needs of the child. When a child must be placed outside his or her home and cannot be immediately returned to his or her parents or guardian, a comprehensive, individualized assessment shall be performed of that child at which time the needs of the child shall be determined. Only if race, color, or national origin is identified as a legitimate factor in advancing the child's best interests shall it be considered. Race, color, or national origin shall not be routinely considered in making a placement decision. The Department shall make special efforts for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of the children for whom foster and adoptive homes are needed. "Special efforts" shall include contacting and working with community organizations and religious organizations and may include contracting with those organizations, utilizing local media and other local resources, and conducting outreach activities. (c-1) At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of Section 5, so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child. (d) The Department may accept gifts, grants, offers of services, and other contributions to use in making special recruitment efforts. (e) The Department in placing children in adoptive or foster care homes may not, in any policy or practice relating to the placement of children for adoption or foster care, discriminate against any child or prospective adoptive or foster parent on the basis of race. (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.) (20 ILCS 505/7.3) Sec. 7.3. Placement plan. The Department shall develop and implement a written plan for placing children. The plan shall include at least the following features: (1) A plan for recruiting minority adoptive and foster families. The plan shall include strategies for using existing resources in minority communities, use of minority outreach staff whenever possible, use of minority foster homes for placements after birth and before adoption, and other techniques as appropriate. (2) A plan for training adoptive and foster families of minority children. (3) A plan for employing social workers in adoption and foster care. The plan shall include staffing goals and objectives. (4) A plan for ensuring that adoption and foster care workers attend training offered or approved by the Department regarding the State's goal of encouraging cultural diversity and the needs of special needs children. (5) A plan that includes policies and procedures for determining for each child requiring placement outside of his or her home, and who cannot be immediately returned to his or her parents or guardian, the placement needs of that child. In the rare instance when an individualized assessment identifies, documents, and substantiates that race, color, or national origin is a factor that needs to be considered in advancing a particular child's best interests, it shall be considered in making a placement. (Source: P.A. 89-422.) (20 ILCS 505/35.6) Sec. 35.6. State-wide Foster parent state-wide, toll-free
[April 26, 2001] 50 telephone number. (a) There shall be a State-wide, toll-free telephone number for any person foster parents, whether or not mandated by law, to report to the Inspector General of the Department, suspected misconduct, malfeasance, misfeasance, or violations of rules, procedures, or laws by Department employees, service providers, or contractors that is detrimental to the best interest of children receiving care, services, or training from or who were committed to the Department as allowed under Section 5 of this Act. Immediately upon receipt of a telephone call regarding suspected abuse or neglect of children, the Inspector General shall refer the call to the Child Abuse and Neglect Hotline or to the State Police as mandated by the Abused and Neglected Child Reporting Act and Section 35.5 of this Act. A mandated reporter shall not be relieved of his or her duty to report incidents to the Child Abuse and Neglect Hotline referred to in this subsection. The Inspector General shall also establish rules and procedures for evaluating reports of suspected misconduct and violation of rules and for conducting an investigation of such reports. (b) The Inspector General shall prepare and maintain written records from the reporting source that shall contain the following information to the extent known at the time the report is made: (1) the names and addresses of the child and the person responsible for the child's welfare; (2) the nature of the misconduct and the detriment cause to the child's best interest; (3) the names of the persons or agencies responsible for the alleged misconduct. Any investigation conducted by the Inspector General pursuant to such information shall not duplicate and shall be separate from the investigation mandated by the Abused and Neglected Child Reporting Act. However, the Inspector General may include the results of such investigation in reports compiled under this Section. At the request of the reporting agent, the Inspector General shall keep the identity of the reporting agent strictly confidential from the operation of the Department, until the Inspector General shall determine what recommendations shall be made with regard to discipline or sanction of the Department employee, service provider, or contractor, with the exception of suspected child abuse or neglect which shall be handled consistent with the Abused and Neglected Child Reporting Act and Section 35.5 of this Act. The Department shall take whatever steps are necessary to assure that a person making a report in good faith under this Section is not adversely affected solely on the basis of having made such report. (Source: P.A. 88-7; 88-491.)"; and on page 1, after line 23, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 3 TO SENATE BILL 839 AMENDMENT NO. 3. Amend Senate Bill 839 on page 1, by replacing lines 4 through 6 with the following: "Section 5. The Illinois School Student Records Act is amended by changing Section 4 as follows: (105 ILCS 10/4) (from Ch. 122, par. 50-4) Sec. 4. (a) Each school shall designate an official records custodian who is responsible for the maintenance, care and security of all school student records, whether or not such records are in his personal custody or control. (b) The official records custodian shall take all reasonable measures to prevent unauthorized access to or dissemination of school student records. (c) Information contained in or added to a school student record shall be limited to information which is of clear relevance to the education of the student but shall include information provided under Section 8.6 of the Abused and Neglected Child Reporting Act. (d) Information added to a student temporary record after the effective date of this Act shall include the name, signature and position of the person who has added such information and the date of
51 [April 26, 2001] its entry into the record. (e) Each school shall maintain student permanent records and the information contained therein for not less than 60 years after the student has transferred, graduated or otherwise permanently withdrawn from the school. (f) Each school shall maintain student temporary records and the information contained in those records for not less than 5 years after the student has transferred, graduated, or otherwise withdrawn from the school. However, student temporary records shall not be disclosed except as provided in Section 5 or 6 or by court order. A school may maintain indefinitely anonymous information from student temporary records for authorized research, statistical reporting or planning purposes, provided that no student or parent can be individually identified from the information maintained. (g) The principal of each school or the person with like responsibilities or his or her designate shall periodically review each student temporary record for verification of entries and elimination or correction of all inaccurate, misleading, unnecessary or irrelevant information. The State Board shall issue regulations to govern the periodic review of the student temporary records and length of time for maintenance of entries to such records. (h) Before any school student record is destroyed or information deleted therefrom, the parent shall be given reasonable prior notice at his or her last known address in accordance with regulations adopted by the State Board and an opportunity to copy the record and information proposed to be destroyed or deleted. (i) No school shall be required to separate permanent and temporary school student records of a student not enrolled in such school on or after the effective date of this Act or to destroy any such records, or comply with the provisions of paragraph (g) of this Section with respect to such records, except (1) in accordance with the request of the parent that any or all of such actions be taken in compliance with the provisions of this Act or (2) in accordance with regulations adopted by the State Board. (Source: P.A. 90-590, eff. 1-1-00; 90-811, eff. 1-26-99.) Section 10. The Abused and Neglected Child Reporting Act is amended by changing Sections 7.8, 7.9, and 11.2 and adding Sections 8.6 and 11.2a as follows: (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8) Sec. 7.8. Upon receiving an oral or written report of suspected child abuse or neglect, the Department shall immediately notify, either orally or electronically, the Child Protective Service Unit of a previous report concerning a subject of the present report or other pertinent information. In addition, upon satisfactory identification procedures, to be established by Department regulation, any person authorized to have access to records under Section 11.1 relating to child abuse and neglect may request and shall be immediately provided the information requested in accordance with this Act. However, no information shall be released unless it prominently states the report is "indicated", and only information from "indicated" reports shall be released, except that information concerning pending reports may be released to any person authorized under paragraphs (1), (2), (3), and (11), and (12) of Section 11.1. In addition, State's Attorneys are authorized to receive unfounded reports for prosecution purposes related to the transmission of false reports of child abuse or neglect in violation of subsection (a), paragraph (7) of Section 26-1 of the Criminal Code of 1961 and guardians ad litem appointed under Article II of the Juvenile Court Act of 1987 shall receive the classified reports set forth in Section 7.14 of this Act in conformance with paragraph (19) of Section 11.1 and Section 7.14 of this Act. The names and other identifying data and the dates and the circumstances of any persons requesting or receiving information from the central register shall be entered in the register record. (Source: P.A. 86-904; 86-1293; 87-649.) (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9) Sec. 7.9. The Department shall prepare, print, and distribute
[April 26, 2001] 52 initial, preliminary, and final reporting forms to each Child Protective Service Unit. Initial written reports from the reporting source shall contain the following information to the extent known at the time the report is made: (1) the names and addresses of the child and his parents or other persons responsible for his welfare; (1.5) the name and address of the school that the child attends (or the school that the child last attended, if the report is written during the summer when school is not in session), and the name of the school district in which the school is located, if applicable; (2) the child's age, sex, and race; (3) the nature and extent of the child's abuse or neglect, including any evidence of prior injuries, abuse, or neglect of the child or his siblings; (4) the names of the persons apparently responsible for the abuse or neglect; (5) family composition, including names, ages, sexes, and races of other children in the home; (6) the name of the person making the report, his occupation, and where he can be reached; (7) the actions taken by the reporting source, including the taking of photographs and x-rays, placing the child in temporary protective custody, or notifying the medical examiner or coroner; (8) and any other information the person making the report believes might be helpful in the furtherance of the purposes of this Act. (Source: P.A. 84-611.) (325 ILCS 5/8.6 new) Sec. 8.6. Reports to child's school. Within 10 days after completing an investigation of alleged abuse or neglect under this Act, the Child Protective Service Unit shall send a copy of its final report on the investigation to the school that the child who is the subject of the report attends (or the school that the child last attended, if the report is sent during the summer when school is not in session)."; and on page 1, after line 23, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 935. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Consumer Protection, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 935 AMENDMENT NO. 1. Amend Senate Bill 935 on page 1 by inserting immediately below line 3 the following: "Section 3. The State Employees Group Insurance Act of 1971 is amended by changing Section 6.11 as follows: (5 ILCS 375/6.11) Sec. 6.11. Required health benefits; Illinois Insurance Code requirements. The program of health benefits shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t of the Illinois Insurance Code. The program of health benefits shall provide the coverage required under Sections 356u, 356w, and 356x of the Illinois Insurance Code. The program of health benefits must comply with Section 155.37 of the Illinois Insurance Code. (Source: P.A. 90-7, eff. 6-10-97; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99.)"; and on page 1, line 5, by changing "Section 155.37" to "Sections 155.37, 370t, and 511.114"; and on page 1 by inserting immediately below line 13 the following: "(215 ILCS 5/370t new) Sec. 370t. Drug formulary; notice. All administrators must comply with Section 155.37 of this Code. (215 ILCS 5/511.114 new)
53 [April 26, 2001] Sec. 511.114. Drug formulary; notice. All administrators must comply with Section 155.37 of this Code. Section 10. The Comprehensive Health Insurance Plan Act is amended by adding Section 8.7 as follows: (215 ILCS 105/8.7 new) Sec. 8.7. Drug formulary; notice. The plan must comply with Section 155.37 of the Illinois Insurance Code. Section 15. The Health Maintenance Organization Act is amended by changing Section 4-6.5 as follows: (215 ILCS 125/4-6.5) Sec. 4-6.5. Required health benefits; Illinois Insurance Code requirements. A health maintenance organization is subject to the provisions of Sections 155.37, 356t, and 356u of the Illinois Insurance Code. (Source: P.A. 90-7, eff. 6-10-97.) Section 20. The Limited Health Service Organization Act is amended by changing Section 4003 as follows: (215 ILCS 130/4003) (from Ch. 73, par. 1504-3) Sec. 4003. Illinois Insurance Code provisions. Limited health service organizations shall be subject to the provisions of Sections 133, 134, 137, 140, 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 356v, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code. For purposes of the Illinois Insurance Code, except for Sections 444 and 444.1 and Articles XIII and XIII 1/2, limited health service organizations in the following categories are deemed to be domestic companies: (1) a corporation under the laws of this State; or (2) a corporation organized under the laws of another state, 30% of more of the enrollees of which are residents of this State, except a corporation subject to substantially the same requirements in its state of organization as is a domestic company under Article VIII 1/2 of the Illinois Insurance Code. (Source: P.A. 90-25, eff. 1-1-98; 90-583, eff. 5-29-98; 90-655, eff. 7-30-98; 91-549, eff. 8-14-99; 91-605, eff. 12-14-99; 91-788, eff. 6-9-00.) Section 25. The Voluntary Health Services Plans Act is amended by changing Section 10 as follows: (215 ILCS 165/10) (from Ch. 32, par. 604) Sec. 10. Application of Insurance Code provisions. Health services plan corporations and all persons interested therein or dealing therewith shall be subject to the provisions of Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c, 149, 155.37, 354, 355.2, 356r, 356t, 356u, 356v, 356w, 356x, 356y, 367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of Section 367 of the Illinois Insurance Code. (Source: P.A. 90-7, eff. 6-10-97; 90-25, eff. 1-1-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99; 91-406, eff. 1-1-00; 91-549, eff. 8-14-99; 91-605, eff. 12-14-99; 91-788, eff. 6-9-00.)". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1039. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Constitutional Officers, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1039 AMENDMENT NO. 1. Amend Senate Bill 1039 on page 2, by replacing lines 16 through 18 with the following: "The Debt Collection Board shall adopt rules defining the phrase
[April 26, 2001] 54 "delinquent in the payment of any debt" for purposes of this Section."; and on page 3, by replacing lines 10 and 11 with the following: "of the State. The chief procurement officer shall adopt rules establishing the factors that may be considered when determining whether to void a contract under this subsection (b).". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1098. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1098 AMENDMENT NO. 1. Amend Senate Bill 1098 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 4-107 as follows: (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107) Sec. 4-107. Stolen, converted, recovered and unclaimed vehicles. (a) Every Sheriff, Superintendent of police, Chief of police or other police officer in command of any Police department in any City, Village or Town of the State, shall, by the fastest means of communications available to his law enforcement agency, immediately report to the State Police, in Springfield, Illinois, the theft or recovery of any stolen or converted vehicle within his district or jurisdiction. The report shall give the date of theft, description of the vehicle including color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license registration number, including the state in which the license was issued and the year of issuance, together with the name, residence address, business address, and telephone number of the owner. The report shall be routed by the originating law enforcement agency through the State Police District in which such agency is located. (b) A registered owner or a lienholder may report the theft by conversion of a vehicle, to the State Police, or any other police department or Sheriff's office. Such report will be accepted as a report of theft and processed only if a formal complaint is on file and a warrant issued. (c) An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, in which a vehicle remains unclaimed, after being left for the purpose of garaging, repairing, parking or storage, for a period of 15 days, shall, within 5 days after the expiration of that period, report the vehicle as unclaimed to the municipal police when the vehicle is within the corporate limits of any City, Village or incorporated Town, or the County Sheriff, or State Police when the vehicle is outside the corporate limits of a City, Village or incorporated Town. This Section does not apply to any vehicle: (1) removed to a place of storage by a law enforcement agency having jurisdiction, in accordance with Sections 4-201 and 4-203 of this Act; or (2) left under a garaging, repairing, parking, or storage order signed by the owner, lessor, or other legally entitled person. Failure to comply with this Section will result in the forfeiture of storage fees for that vehicle involved. (d) The State Police shall keep a complete record of all reports filed under this Section of the Act. Upon receipt of such report, a careful search shall be made of the records of the office of the State
55 [April 26, 2001] Police, and where it is found that a vehicle reported recovered was stolen in a County, City, Village or Town other than the County, City, Village or Town in which it is recovered, the State Police shall immediately notify the Sheriff, Superintendent of police, Chief of police, or other police officer in command of the Sheriff's office or Police department of the County, City, Village or Town in which the vehicle was originally reported stolen, giving complete data as to the time and place of recovery. (e) Notification of the theft or conversion of a vehicle will be furnished to the Secretary of State by the State Police. The Secretary of State shall place the proper information in the license registration and title registration files to indicate the theft or conversion of a motor vehicle or other vehicle. Notification of the recovery of a vehicle previously reported as a theft or a conversion will be furnished to the Secretary of State by the State Police. The Secretary of State shall remove the proper information from the license registration and title registration files that has previously indicated the theft or conversion of a vehicle. The Secretary of State shall suspend the registration of a vehicle upon receipt of a report from the State Police that such vehicle was stolen or converted. (f) When the Secretary of State receives an application for a certificate of title or an application for registration of a vehicle and it is determined from the records of the office of the Secretary of State that such vehicle has been reported stolen or converted, the Secretary of State shall immediately notify the State Police and shall give the State Police the name and address of the person or firm titling or registering the vehicle, together with all other information contained in the application submitted by such person or firm. (g) During the usual course of business the manufacturer of any vehicle shall place an original manufacturer's vehicle identification number on all such vehicles manufactured and on any part of such vehicles requiring an identification number. (h) If a manufacturer's vehicle identification number is missing or has been removed, changed or mutilated on any vehicle, or any part of such vehicle requiring an identification number, the State Police shall restore, restamp or reaffix the vehicle identification number plate, or affix a new plate bearing the original manufacturer's vehicle identification number on each such vehicle and on all necessary parts of the vehicles. A vehicle identification number so affixed, restored, restamped, reaffixed or replaced is not falsified, altered or forged within the meaning of this Act. (i) If a vehicle or part of any vehicle is found to have the manufacturer's identification number removed, altered, defaced or destroyed, the vehicle or part shall be seized by any law enforcement agency having jurisdiction and held for the purpose of identification. In the event that the manufacturer's identification number of a vehicle or part cannot be identified, the vehicle or part shall be considered contraband, and no right of property shall exist in any person owning, leasing or possessing such property, unless the person owning, leasing or possessing the vehicle or part acquired such without knowledge that the manufacturer's vehicle identification number has been removed, altered, defaced, falsified or destroyed. Either the seizing law enforcement agency or the State's Attorney of the county where the seizure occurred may make an application for an order of forfeiture to the circuit court in the county of seizure. The application for forfeiture shall be independent from any prosecution arising out of the seizure and is not subject to any final determination of such prosecution. The circuit court shall issue an order forfeiting the property to the seizing law enforcement agency if the court finds that the property did not at the time of seizure possess a valid manufacturer's identification number and that the original manufacturer's identification number cannot be ascertained. The seizing law enforcement agency may: (1) retain the forfeited property for official use; or (2) sell the forfeited property and distribute the proceeds in accordance with Section 4-211 of this Code, or dispose of the
[April 26, 2001] 56 forfeited property in such manner as the law enforcement agency deems appropriate. (i-1) If a motorcycle is seized under subsection (i), the motorcycle must be returned within 45 days of the date of seizure to the person from whom it was seized, unless (i) criminal charges are pending against that person or (ii) an application for an order of forfeiture has been submitted to the circuit in the county of seizure or (iii) the circuit court in the county of seizure has received from the seizing law enforcement agency and has granted a petition to extend, for a single 30 day period, the 45 days allowed for return of the motorcycle. Except as provided in subsection (i-2), a motorcycle returned to the person from whom it was seized must be returned in essentially the same condition it was in at the time of seizure. (i-2) If any part or parts of a motorcycle seized under subsection (i) are found to be stolen and are removed, the seizing law enforcement agency is not required to replace the part or parts before returning the motorcycle to the person from whom it was seized. (j) The State Police shall notify the Secretary of State each time a manufacturer's vehicle identification number is affixed, reaffixed, restored or restamped on any vehicle. The Secretary of State shall make the necessary changes or corrections in his records, after the proper applications and fees have been submitted, if applicable. (k) Any vessel, vehicle or aircraft used with knowledge and consent of the owner in the commission of, or in the attempt to commit as defined in Section 8-4 of the Criminal Code of 1961, an offense prohibited by Section 4-103 of this Chapter, including transporting of a stolen vehicle or stolen vehicle parts, shall be seized by any law enforcement agency. The seizing law enforcement agency may: (1) return the vehicle to its owner if such vehicle is stolen; or (2) confiscate the vehicle and retain it for any purpose which the law enforcement agency deems appropriate; or (3) sell the vehicle at a public sale or dispose of the vehicle in such other manner as the law enforcement agency deems appropriate. If the vehicle is sold at public sale, the proceeds of the sale shall be paid to the law enforcement agency. The law enforcement agency shall not retain, sell or dispose of a vehicle under paragraphs (2) or (3) of this subsection (k) except upon an order of forfeiture issued by the circuit court. The circuit court may issue such order of forfeiture upon application of the law enforcement agency or State's Attorney of the county where the law enforcement agency has jurisdiction, or in the case of the Department of State Police or the Secretary of State, upon application of the Attorney General. The court shall issue the order if the owner of the vehicle has been convicted of transporting stolen vehicles or stolen vehicle parts and the evidence establishes that the owner's vehicle has been used in the commission of such offense. The provisions of subsection (k) of this Section shall not apply to any vessel, vehicle or aircraft, which has been leased, rented or loaned by its owner, if the owner did not have knowledge of and consent to the use of the vessel, vehicle or aircraft in the commission of, or in an attempt to commit, an offense prohibited by Section 4-103 of this Chapter. (Source: P.A. 89-433, eff. 12-15-95.)". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1303. 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:
57 [April 26, 2001] AMENDMENT NO. 1 TO SENATE BILL 1303 AMENDMENT NO. 1. Amend Senate Bill 1303 on page 1, in line 5, after "by", by inserting "changing Section 7 and"; and on page 1, below line 5, by inserting the following: "(20 ILCS 505/7) (from Ch. 23, par. 5007) Sec. 7. Placement of children; considerations. (a) In placing any child under this Act, the Department shall place such child, as far as possible, in the care and custody of some individual holding the same religious belief as the parents of the child, or with some child care facility which is operated by persons of like religious faith as the parents of such child. (b) In placing a child under this Act, the Department may place a child with a relative if the Department has reason to believe that the relative will be able to adequately provide for the child's safety and welfare. The Department may not place a child with a relative, with the exception of certain circumstances which may be waived as defined by the Department in rules, if the results of a check of the Law Enforcement Agency Data System (LEADS) identifies a prior criminal conviction of the relative or any adult member of the relative's household for any of the following offenses under the Criminal Code of 1961: (1) murder; (1.1) solicitation of murder; (1.2) solicitation of murder for hire; (1.3) intentional homicide of an unborn child; (1.4) voluntary manslaughter of an unborn child; (1.5) involuntary manslaughter; (1.6) reckless homicide; (1.7) concealment of a homicidal death; (1.8) involuntary manslaughter of an unborn child; (1.9) reckless homicide of an unborn child; (1.10) drug-induced homicide; (2) a sex offense under Article 11, except offenses described in Sections 11-7, 11-8, 11-12, and 11-13; (3) kidnapping; (3.1) aggravated unlawful restraint; (3.2) forcible detention; (3.3) aiding and abetting child abduction; (4) aggravated kidnapping; (5) child abduction; (6) aggravated battery of a child; (7) criminal sexual assault; (8) aggravated criminal sexual assault; (8.1) predatory criminal sexual assault of a child; (9) criminal sexual abuse; (10) aggravated sexual abuse; (11) heinous battery; (12) aggravated battery with a firearm; (13) tampering with food, drugs, or cosmetics; (14) drug-induced infliction of great bodily harm; (15) aggravated stalking; (16) home invasion; (17) vehicular invasion; (18) criminal transmission of HIV; (19) criminal neglect of an elderly or disabled person; (20) child abandonment; (21) endangering the life or health of a child; (22) ritual mutilation; (23) ritualized abuse of a child; (24) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the foregoing offenses. For the purpose of this subsection, "relative" shall include any person, 21 years of age or over, other than the parent, who (i) is currently related to the child in any of the following ways by blood or
[April 26, 2001] 58 adoption: grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, second cousin, godparent, great-uncle, or great-aunt; or (ii) is the spouse of such a relative; or (iii) is the child's step-father, step-mother, or adult step-brother or step-sister; "relative" also includes a person related in any of the foregoing ways to a sibling of a child, even though the person is not related to the child, when the child and its sibling are placed together with that person. A relative with whom a child is placed pursuant to this subsection may, but is not required to, apply for licensure as a foster family home pursuant to the Child Care Act of 1969; provided, however, that as of July 1, 1995, foster care payments shall be made only to licensed foster family homes pursuant to the terms of Section 5 of this Act. (c) In placing a child under this Act, the Department shall ensure that the child's health, safety, and best interests are met in making a family foster care placement. The Department shall consider the individual needs of the child and the capacity of the prospective foster or adoptive parents to meet the needs of the child. The Department shall make special efforts for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of the children for whom foster and adoptive homes are needed. "Special efforts" shall include contacting and working with community organizations and religious organizations and may include contracting with those organizations, utilizing local media and other local resources, and conducting outreach activities. (c-1) At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of Section 5, so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child. (d) The Department may accept gifts, grants, offers of services, and other contributions to use in making special recruitment efforts. (e) The Department in placing children in adoptive or foster care homes may not, in any policy or practice relating to the placement of children for adoption or foster care, discriminate against any child or prospective adoptive or foster parent on the basis of race. (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1514. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1514 AMENDMENT NO. 1. Amend Senate Bill 1514 as follows: by replacing the title with the following: "AN ACT in relation to the operation of motor vehicles."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 6-206 and adding Section 11-1429 as follows: (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) Sec. 6-206. Discretionary authority to suspend or revoke license or permit; Right to a hearing. (a) The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person:
59 [April 26, 2001] 1. Has committed an offense for which mandatory revocation of 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;
[April 26, 2001] 60 19. Has committed a violation of paragraph (a) or (b) of 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
61 [April 26, 2001] of 1961 relating to the aggravated discharge of a firearm if the 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; or. 37. Has committed a second or subsequent violation of Section 11-1429 of this Code. 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
[April 26, 2001] 62 required herein shall be guilty of perjury under Section 6-302 and upon conviction thereof shall have all driving privileges revoked without further rights. 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. 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. 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. (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 5/11-1429 new) Sec. 11-1429. Theft of motor fuel. (a) No person may operate a vehicle so as to cause it to leave the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of the vehicle unless that person or some other person has paid for or charged the price of the dispensed motor fuel. (b) Violation of this Section is a Class A misdemeanor punishable by a minimum fine of $250 or 30 hours of community service. (c) A second violation of this Section shall cause the person's driver's license to be suspended for 6 months. A third or subsequent violation of this Section shall result in a one-year suspension.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of
63 [April 26, 2001] Third Reading. HOUSE JOINT RESOLUTIONS CONSTITUTIONAL AMENDMENTS SECOND READING HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 3 was taken up and read in full a second time and advanced to the order of Third Reading. ACTION ON MOTIONS Representative Currie asked and obtained unanimous consent to suspend the posting requirements so the Sub-committee in Redistricting can be heard on April 30, 2001 at 9:00 a.m. at Quincy Senior Center and at 1:00 p.m. at the Metro East St. Clair Administration Building. RESOLUTIONS HOUSE RESOLUTIONS 230, 232, 234, 235, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248, 249, 251, 253, 254, 255, 256 and 257 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 1354, 1358, 1370, 1379 and 1380. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 27 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, April 26, 2001, they stand adjourned until Tuesday, May 1, 2001, at 12:00 o'clock noon. Adopted by the Senate, April 26, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 27 was taken up for consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 27 was adopted. Ordered that the Clerk inform the Senate. At the hour of 2:14 o'clock p.m., Representative Currie moved that the House do now adjourn.
[April 26, 2001] 64 The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 27, the House stood adjourned until Tuesday, May 1, 2001, at 12:00 o'clock noon.
65 [April 26, 2001] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 26, 2001 0 YEAS 0 NAYS 109 PRESENT P ACEVEDO P FEIGENHOLTZ P LEITCH P PERSICO P BASSI P FLOWERS P LINDNER P POE P BEAUBIEN E FORBY P LYONS,EILEEN P REITZ P BELLOCK P FOWLER P LYONS,JOSEPH P RIGHTER P BERNS P FRANKS P MATHIAS P RUTHERFORD P BIGGINS P FRITCHEY P MAUTINO P RYAN P BLACK P GARRETT P MAY P RYDER E BOLAND P GILES P McAULIFFE E SAVIANO P BOST P GRANBERG P McCARTHY P SCHMITZ P BRADLEY P HAMOS P McGUIRE P SCHOENBERG P BRADY P HANNIG P McKEON P SCULLY P BROSNAHAN P HARTKE P MENDOZA P SLONE P BRUNSVOLD P HASSERT P MEYER E SMITH P BUGIELSKI P HOEFT P MILLER P SOMMER P BURKE P HOFFMAN P MITCHELL,BILL P SOTO P CAPPARELLI P HOLBROOK P MITCHELL,JERRY E STEPHENS P COLLINS P HOWARD P MOFFITT E STROGER P COULSON P HULTGREN P MOORE P TENHOUSE P COWLISHAW P JEFFERSON P MORROW P TURNER,ART P CROSS P JOHNSON P MULLIGAN E TURNER,JOHN P CROTTY P JONES,JOHN P MURPHY P WAIT P CURRIE P JONES,LOU P MYERS P WINKEL P CURRY P JONES,SHIRLEY P NOVAK P WINTERS E DANIELS P KENNER P O'BRIEN P WIRSING P DART P KLINGLER E O'CONNOR P WOJCIK P DAVIS,MONIQUE P KOSEL P OSMOND P YARBROUGH P DAVIS,STEVE P KRAUSE P OSTERMAN P YOUNGE P DELGADO P KURTZ P PANKAU P ZICKUS P DURKIN P LANG P PARKE P MR. SPEAKER P ERWIN P LAWFER E - Denotes Excused Absence
[April 26, 2001] 66 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 633 GUEST ACUPUNCTURISTS THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
67 [April 26, 2001] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 683 GAS UTILITY RATES ENVIRN COSTS THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[April 26, 2001] 68 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 610 SECRETARY OF STATE-PRIVACY THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
69 [April 26, 2001] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 816 PREVENT INSTITUTIONALIZATION THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[April 26, 2001] 70 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 860 IEMA-ADVISORY COM-VOLUNTEERS THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
71 [April 26, 2001] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 876 MILITARY CD-FUNERAL HONORS THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[April 26, 2001] 72 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 961 LOC GOV DEBT-QUALFIED GOV UNIT THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
73 [April 26, 2001] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1026 SCH CD-PREVENT ATTEND PRIV SCH THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[April 26, 2001] 74 NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1049 CRIM CD-SEXUAL DISEASE TEST THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
75 [April 26, 2001] NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1113 COUNTIES CD-LAW ENFCMT INTERNS THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[April 26, 2001] 76 NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1151 CORR CD-REMOVE ASST DIRECTORS THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
77 [April 26, 2001] NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1297 CRIM CD-VIDEOTPE-UNDER CLOTHES THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[April 26, 2001] 78 NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1048 ESTATE-SALE OF REALTY-INTERNET THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
79 [April 26, 2001] NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1024 VEH CD-COMBAT INFANTRY PLATES THIRD READING PASSED APR 26, 2001 106 YEAS 3 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI N HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[April 26, 2001] 80 NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 787 DISASTER SERVICE VOLUNTEER THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
81 [April 26, 2001] NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 494 GOOD SAMARITAN-DENTAL CLINIC THIRD READING PASSED APR 26, 2001 109 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN E FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE E SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER E SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT E STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN E TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS E DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER E O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence

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