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                            92nd General Assembly
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STATE OF ILLINOIS                               HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-SECOND GENERAL ASSEMBLY 53RD LEGISLATIVE DAY TUESDAY, MAY 8, 2001 1:00 O'CLOCK P.M. NO. 53
[May 8, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 53rd Legislative Day Action Page(s) Adjournment........................................ 86 Balanced Budget Note Supplied...................... 7 Change of Sponsorship.............................. 8 Extending the Deadline............................. 6 Fiscal Note Supplied............................... 7 Judicial Note Supplied............................. 7 Land Conveyance Appraisal Note Supplied............ 7 Pension Impact Note Supplied....................... 7 Quorum Roll Call................................... 5 State Debt Impact Notes Supplied................... 7 State Mandates Notes Supplied...................... 7 Bill Number Legislative Action Page(s) HB 0632 Motion Submitted................................... 7 HB 0681 Motion Submitted................................... 7 HB 2865 Motion Submitted................................... 7 HJR 0033 Resolution......................................... 18 HJR 0034 Resolution......................................... 19 HR 0270 Agreed Resolution.................................. 8 HR 0271 Agreed Resolution.................................. 9 HR 0272 Agreed Resolution.................................. 10 HR 0273 Agreed Resolution.................................. 11 HR 0276 Agreed Resolution.................................. 11 HR 0278 Agreed Resolution.................................. 12 HR 0279 Agreed Resolution.................................. 12 HR 0280 Agreed Resolution.................................. 13 HR 0281 Resolution......................................... 14 HR 0282 Resolution......................................... 14 HR 0283 Resolution......................................... 15 HR 0285 Resolution......................................... 16 HR 0286 Resolution......................................... 17 HR 0287 Resolution......................................... 17 SB 0003 Second Reading - Amendment/s....................... 25 SB 0005 Second Reading..................................... 25 SB 0008 Second Reading..................................... 25 SB 0015 Second Reading - Amendment/s....................... 25 SB 0030 Third Reading...................................... 25 SB 0032 Second Reading..................................... 25 SB 0038 Second Reading..................................... 25 SB 0039 Second Reading - Amendment/s....................... 26 SB 0048 Second Reading - Amendment/s....................... 27 SB 0052 Second Reading..................................... 25 SB 0055 Second Reading - Amendment/s....................... 26 SB 0060 Second Reading..................................... 25 SB 0093 Second Reading - Amendment/s....................... 28 SB 0103 Recall............................................. 20 SB 0133 Third Reading...................................... 20 SB 0163 Second Reading - Amendment/s....................... 28 SB 0164 Second Reading..................................... 25 SB 0165 Second Reading..................................... 25 SB 0208 Second Reading..................................... 25 SB 0216 Second Reading - Amendment/s....................... 32 SB 0233 Third Reading...................................... 20 SB 0250 Second Reading..................................... 25 SB 0252 Second Reading - Amendment/s....................... 49 SB 0286 Third Reading...................................... 20
3 [May 8, 2001] Bill Number Legislative Action Page(s) SB 0289 Third Reading...................................... 21 SB 0298 Second Reading..................................... 25 SB 0318 Third Reading...................................... 21 SB 0325 Third Reading...................................... 21 SB 0329 Second Reading..................................... 25 SB 0382 Second Reading - Amendment/s....................... 49 SB 0385 Extend deadline.................................... 6 SB 0385 Extend deadline.................................... 6 SB 0390 Third Reading...................................... 21 SB 0394 Third Reading...................................... 21 SB 0396 Second Reading - Amendment/s....................... 51 SB 0403 Third Reading...................................... 21 SB 0405 Third Reading...................................... 20 SB 0434 Third Reading...................................... 22 SB 0461 Second Reading - Amendment/s....................... 53 SB 0487 Third Reading...................................... 22 SB 0496 Second Reading..................................... 25 SB 0497 Second Reading..................................... 25 SB 0500 Third Reading...................................... 22 SB 0504 Recall............................................. 20 SB 0508 Second Reading..................................... 25 SB 0510 Third Reading...................................... 25 SB 0526 Second Reading - Amendment/s....................... 69 SB 0527 Second Reading - Amendment/s....................... 69 SB 0528 Second Reading - Amendment/s....................... 70 SB 0530 Second Reading..................................... 25 SB 0534 Third Reading...................................... 22 SB 0538 Second Reading..................................... 25 SB 0539 Second Reading - Amendment/s....................... 70 SB 0571 Second Reading..................................... 25 SB 0573 Second Reading..................................... 25 SB 0574 Second Reading - Amendment/s....................... 72 SB 0606 Second Reading - Amendment/s....................... 72 SB 0617 Second Reading..................................... 25 SB 0635 Third Reading...................................... 22 SB 0643 Second Reading - Amendment/s....................... 71 SB 0661 Second Reading..................................... 25 SB 0686 Third Reading...................................... 22 SB 0698 Second Reading..................................... 25 SB 0721 Third Reading...................................... 22 SB 0727 Third Reading...................................... 23 SB 0750 Second Reading - Amendment/s....................... 72 SB 0755 Second Reading..................................... 25 SB 0761 Second Reading..................................... 25 SB 0800 Third Reading...................................... 23 SB 0817 Third Reading...................................... 23 SB 0845 Second Reading..................................... 25 SB 0853 Second Reading..................................... 25 SB 0854 Second Reading..................................... 25 SB 0855 Second Reading..................................... 25 SB 0867 Third Reading...................................... 23 SB 0877 Second Reading..................................... 25 SB 0879 Second Reading..................................... 25 SB 0900 Second Reading - Amendment/s....................... 73 SB 0902 Second Reading - Amendment/s....................... 73 SB 0936 Second Reading..................................... 25 SB 0938 Third Reading...................................... 23 SB 0940 Second Reading..................................... 25 SB 0965 Second Reading - Amendment/s....................... 76 SB 0969 Second Reading - Amendment/s....................... 74 SB 0978 Second Reading..................................... 25 SB 0993 Second Reading - Amendment/s....................... 75 SB 0994 Recall............................................. 25 SB 1011 Second Reading - Amendment/s....................... 77
[May 8, 2001] 4 Bill Number Legislative Action Page(s) SB 1017 Third Reading...................................... 23 SB 1046 Third Reading...................................... 24 SB 1047 Second Reading..................................... 25 SB 1065 Third Reading...................................... 24 SB 1080 Third Reading...................................... 24 SB 1081 Third Reading...................................... 24 SB 1102 Second Reading..................................... 25 SB 1116 Second Reading..................................... 25 SB 1117 Second Reading - Amendment/s....................... 79 SB 1128 Second Reading - Amendment/s....................... 80 SB 1152 Second Reading - Amendment/s....................... 80 SB 1166 Third Reading...................................... 24 SB 1176 Second Reading - Amendment/s....................... 82 SB 1190 Second Reading - Amendment/s....................... 26 SB 1241 Second Reading..................................... 25 SB 1264 Senate Message - Passage of Senate Bill............ 8 SB 1276 Second Reading - Amendment/s....................... 85 SB 1304 Second Reading..................................... 25 SB 1305 Second Reading - Amendment/s....................... 85 SB 1306 Consideration Postponed............................ 24 SB 1357 Extend deadline.................................... 6 SB 1360 Extend deadline.................................... 6 SB 1361 Extend deadline.................................... 6 SB 1368 Extend deadline.................................... 6 SB 1369 Extend deadline.................................... 6 SB 1371 Extend deadline.................................... 6 SB 1372 Extend deadline.................................... 6 SB 1373 Extend deadline.................................... 6 SB 1381 Extend deadline.................................... 6 SB 1382 Extend deadline.................................... 6 SB 1505 Second Reading..................................... 25 SB 1506 Second Reading..................................... 25 SB 1517 Third Reading...................................... 24 SB 1522 Second Reading..................................... 25
5 [May 8, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend David Hudak of the St. Peter Lutheran Church in Schaumburg, Illinois. Representative Persico led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Sommer and Stephens were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Bugielski, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Cowlishaw, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Dart, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Mulligan, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Wojcik, should be recorded as present. SUBCOMMITTEE ASSIGNMENTS Representative Madigan, Co-Chairperson from the Committee on Redistricting, appointed the following members: Subcommittee on Redistricting for the South Suburbs of Cook County: Representative Lang, Co-Chairperson. (16 Total Members: 8 Democrats, 8 Republicans) Subcommittee on Redistricting for the Peoria Area: Representative Hannig, Co-Chairperson. (8 Total Members: 4 Democrats, 4 Republicans) Subcommittee on Redistricting for the East St. Louis Area: Representative Granberg, Co-Chairperson. (4 Total Members: 2 Democrats, 2 Republicans) Subcommittee on Redistricting for DuPage County: Representative Lang, Co-Chairperson. (4 Total Members: 2 Democrats, 2 Republicans) Subcommittee on Redistricting for the Rockford Area: Representative Brunsvold, Co-Chairperson. (6 Total Members: 3 Democrats, 3 Republican) Subcommittee on Redistricting for the Quad Cities Area: Representative Brunsvold, Co-Chairperson. (4 Total Members: 2 Democrats, 2 Republicans) EXTENDING THE DEADLINE
[May 8, 2001] 6 GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 4, 2001 Anthony D. Rossi Clerk of the House House of Representatives 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised that I have extended the committee and 3rd reading deadline for the following bills until May 18, 2001. *Appropriations-General Services committee: Senate Bills 1357, 1361, and 1381. *Appropriations-Public Safety committee: Senate Bills 1360, 1368, 1369, 1371, 1372, 1373, and 1382. If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 8, 2001 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised that the Committee Deadline is extended to Friday, May 18, 2001, for Senate Bill 188 and 385. If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House MOTIONS SUBMITTED
7 [May 8, 2001] Representative Coulson submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 632. Representative Novak submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 681. Representative Brady submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2865. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for SENATE BILLS 78, 115, 326, 356, 384, 608, 629, as amended, 824, 825, as amended, 826, as amended, 827, as amended, 833, 838, 840, 842, 849, 852, 871, 873, 874, 881, 882, 883, 884, 899, 1102 and 1180. STATE MANDATES NOTES SUPPLIED State Mandates Notes have been supplied for SENATE BILLS 78, 326, 384 and 899. PENSION IMPACT NOTE SUPPLIED A Pension Impact Note has been supplied for SENATE BILL 78. JUDICIAL NOTE SUPPLIED A Judicial Note has been supplied for SENATE BILL 78. LAND CONVEYANCE APPRAISAL NOTE SUPPLIED A Land Conveyance Appraisal Note has been supplied for SENATE BILL 356. STATE DEBT IMPACT NOTES SUPPLIED State Debt Impact Notes have been supplied for SENATE BILLS 356 and 885. BALANCED BUDGET NOTE SUPPLIED Balanced Budget Notes have been supplied for SENATE BILLS 78, 356 and 885. 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 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:
[May 8, 2001] 8 SENATE BILL NO. 1264 A bill for AN ACT in relation to State finances. Passed by the Senate, May 8, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1264 was ordered printed and to a First Reading. CHANGE OF SPONSORSHIP Representative Bugielski asked and obtained unanimous consent to be removed as chief sponsor and Representative Beaubien asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 504. Representative Rutherford asked and obtained unanimous consent to be removed as chief sponsor and Representative Black asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 827. Representative Erwin asked and obtained unanimous consent to be removed as chief sponsor and Representative McCarthy asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1152. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Resolutions. HOUSE RESOLUTION 270 Offered by Representative Cross: 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 Gordon D. Postlewaite is retiring from his duties as Assistant Superintendent for Administration at Oswego Community Unit School District 308 at the end of the 2001 school year; and WHEREAS, Mr. Postlewaite received his bachelor's degree in Science from Carthage College in 1959 and his master's degree in Educational Administration from Northern Illinois University in 1968; and WHEREAS, Mr. Postlewaite began his career as an educator at the Aurora East Public Schools; from 1959 through 1960, he served as a sixth grade teacher at W.S. Beaupre Elementary School; from 1961 through 1962, he served as a Math and Science teacher as well as the head football coach and assistant basketball coach at C.F. Simmons Junior High School; from 1962 through 1968 he served at East Aurora High School where he was a Biology and Physical Education teacher as well as the head varsity swim coach and as assistant varsity football coach; from 1969 through 1970 he served as assistant principal at K.D. Waldo Junior High School; in 1970 he served a Interim Administrative Assistant to the Superintendent for the Aurora East Public Schools; from 1970 through 1971 he served as the Assistant Principal at East Aurora High School; and from 1971 through 1979 he was appointed Principal of C.F. Simmons Junior High School; and WHEREAS, From 1979 through November of 1985, Mr. Postlewaite was the Vice-President, Manager at Fox Valley Platers, Inc., from November 1985 through 1989, he served as Principal at East Aurora High School; from 1989 through 1993, he served as Principal at Eisenhower High School; and from 1993 through 2001 he served as Assistant Superintendent for Administration at Oswego Community Unit School District 308; and WHEREAS, Gordon Postlewaite serves as a member of several professional organizations including the Upstate Eight Conference Board of Control, the Illinois Principals Association, the National
9 [May 8, 2001] Association of Secondary School Principals, the Illinois Association of Secondary School Principals, Phi Delta Kappa - Northern Illinois University Chapter, the Illinois Parent-Teacher Association, and the Association for Supervision and Curriculum Development; he also served as Co-Chairman of the Education Division of United Way Campaign from 1969 through 1971, as Chairman of the National Education Consortium from 1975 through 1976, and as President of the Fox valley Junior High School Principals' Association from 1975 through 1976; and WHEREAS, Gordon Postlewaite has been active in several workshops and speaking engagements including as a trainer for the Evaluation of Ancillary School Personnel, Administrator Academy Phase I, Project Challenge, and T.I.S.A - Administrative Training; and as a speaker at the National AAHPER Convention in Washington, D.C., the Regional AAHPER Workshop at Purdue University, the State Meeting for Physical Educators in 1973, the OSPI Workshops, the State Convention AAHPER in Chicago, the Youngstown Ohio Workshop, the Kent State University Workshop, and the Whiteside County Institute; and WHEREAS, Gordon Postlewaite has authored or co-authored several publications, including "Comprehensive Individualized Computer-Monitored Physical Education Program" in 1972, "Computer-Monitored Physical Education" for the Journal of Health and P.E. Recreation in 1973, "Present Computer-Monitored Physical Education" for the Junior High School Association of Illinois Newsletter in 1974, and "Effective Schools and Administrative Teaming" for the Illinois Principal in 1987; and WHEREAS, In addition to his teaching duties, Gordon Postlewaite served as President-Elect of the Aurora Area Shrine Club in 1986, as Vice-President of the Carthage College Alumni Association from 1982 through 1985, as Secretary/Treasurer of the Oswegoland Optimist Club in 1983; and as President of the Carthage College Alumni Association from 1987 through the present day; and WHEREAS, Oswego School District #308 will host a Retirement Party in honor of Gordon D. Postlewaite on June 8, 2001; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Gordon D. Postlewaite on his retirement as Assistant Superintendent for Administration for Oswego School District #308 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 Gordon D. Postlewaite as an expression of our esteem. HOUSE RESOLUTION 271 Offered by Representative Cross: 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. Karl Plank is retiring from his duties as Superintendent of Oswego School District #308 at the end of the 2001 school year; and WHEREAS, Dr. Plank is currently in his eighth year as the Superintendent of Oswego School District #308; District #308 is one of the fastest growing unit school districts in the State of Illinois; and WHEREAS, Dr. Plank was born and raised in Industry, Illinois to Glen and Helen Plank; he graduated in a class of twenty-five students in 1956 from Industry High School; he graduated from Western Illinois University in 1960 with a bachelor's degree in Education and received his master's degree in Educational Administration at Northern Illinois University; and WHEREAS, Dr. Plank is a veteran of the United States Army; and WHEREAS, Dr. Plank began working at the Hawthorne Plant, site of Hawthorne Studies, as a Wage Incentive Engineer; in 1962 he began his teaching career as a sixth grade teacher in Roselle School District #12, and by 1964 he was employed in Schaumburg School District #54 as a sixth grade classroom teacher; after completing his studies for a master's degree, he served as principal of three elementary schools,
[May 8, 2001] 10 Dr. Thomas Dooley School in 1965, Nathan Hale School in 1969, and Everett Darkness School in 1971; and WHEREAS, Dr. Plank was asked to serve as Assistant Superintendent for Personnel and Transportation in 1969, where he was given the opportunity to open three new schools and hire 172 new teachers in fiscal year 1970; and WHEREAS, After completing his doctorate studies at Indiana University in 1971, Dr. Plank began to serve as school superintendent in four Illinois communities, Erie School District #1 from 1972 through 1976, Keeneyville School District #20 from 1976 through 1984, Blue Island School District #130 from 1984 through 1993, and Oswego School District #308 from 1993 through 2001; and WHEREAS, Under his leadership, Dr. Plank was able to institute increased graduation requirements, expanded Advanced Placement classes, classroom Internet access, new curriculums, including new reading and writing programs, and a new teaching contract, successfully helped the district get off the "Watch List", and adopted the University of Chicago School Mathematics Program; in addition he successfully presented school referenda in four communities to build additions and new school facilities and was successful in personnel management, legislative activities, and curriculum development with an emphasis on school improvement activities that resulted in greater student achievement and public relations; and WHEREAS, Dr. Plank has demonstrated his dedication to his students and staff while serving on numerous statewide committees, including ED-RED's Executive Board and the State Board of Education's Advisory Committee on School Building Safety; and WHEREAS, In addition, Dr. Plank has provided strong insightful leadership in numerous regional and local organizations, including President of the Superintendent's Round Table, a member of the Board of Directors of the Illinois Association of School Administrators, President of the School Association for Special Education in DuPage, President of the Bi-County Special Education Cooperative, a member of the South Cook Organization for Public Education Executive Board, an ED-RED Lake Park Representative, President and a member of the Board of Directors, Kendall County Special Education Cooperative, Committee Chairperson in the Large Unit District Association, Treasurer and Vice Chairman of the Blue Island Citizens for Persons with Developmental Disabilities, Inc., the President of Kiwanis Club in Blue Island and Keeneyville, Vice President of the Oswego Economic Development Corporation, and a member of VALEES Board of Directors, the Oswego Foundation for Educational Excellence, the Oswego School Business Partnership Committee, the Oswego Optimist Club, the Oswego Chamber of Commerce, and Phi Delta Kappa; and WHEREAS, For thirty-eight years, Dr. Plank has served as an exemplary educator; he has left a positive mark on Illinois communities by enhancing the educational program of School District #308 for the benefit of the people and children of School District #308; he is recognized as an exceptional leader among outstanding Illinois leaders, including superintendents, business leaders, political leaders, administrative colleagues, community leaders, teachers, and students; and WHEREAS, Oswego School District #308 is hosting a retirement party in recognition of Dr. Plank's career as a dedicated educator; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Karl Plank on his retirement from his duties as Superintendent of Oswego School District #308 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. Karl Plank as an expression of our esteem. HOUSE RESOLUTION 272 Offered by Representative Krause:
11 [May 8, 2001] WHEREAS, Each year thousands of schools in the United States participate in the National Geographic Bee supported by the National Geographic Society; and WHEREAS, The competition encourages teachers to include geography in their classrooms, spark student interest in the subject, and increase public awareness about geography; and WHEREAS, Each school winner takes a written test, and the top hundred scorers in each state and territory compete at the state level; and WHEREAS, David Westlake was the winner from among grades four through eight at St. Emily's School in Mount Prospect, Illinois; and WHEREAS, David Westlake, after competing with the very best students of geography in the entire State of Illinois, was declared the State winner of this rigorous competition; and WHEREAS, David Westlake won the honor of representing the State of Illinois in the national competition in Washington, D.C.; and WHEREAS, Characteristics shared by winners are the desire to excel and an inherent curiosity about geography and the world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate David Westlake on winning the 2001 State Geography Bee and we wish him well in the national competition in Washington, D.C.; and be it further RESOLVED, That a suitable copy of this resolution be presented to David Westlake as an expression of our esteem. HOUSE RESOLUTION 273 Offered by Representative O'Brien: 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 Thomas Michael Longman of Princeton, Illinois is celebrating the 50th anniversary of his birth; and WHEREAS, Thomas Michael Longman was born on March 4, 1951, in Wood River, Illinois, to Kenneth E. and M. Eleanor Longman; and WHEREAS, Thomas Michael Longman graduated from Henry Senachwine High School in 1969; and WHEREAS, Thomas Michael Longman served in the United States Air Force from 1970 until 1977; he received a bachelor of arts degree from Eastern Illinois University in May of 1977; and WHEREAS, Thomas Michael Longman started D.B.P., Inc., also known as Dependable Business Products, in 1980, and it is entering its twenty-first year in business; and WHEREAS, Thomas Michael Longman is a member of the Citizens First National Bank Board of Directors, the Princeton Chamber of Commerce, the Princeton Elks, and the Bureau County Country Club Men's Golf Board; he is also an avid golfer, and on November 8, 1997, he shot a hole-in-one; and WHEREAS, Thomas Michael Longman married Mary Kathryn Morris on December 18, 1971; and WHEREAS, Thomas Michael Longman is the proud father of two children, Rachael K. and Kristopher M., and is the grandfather of Ellie McKeefery Thomson; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Thomas Michael Longman on the occasion of his 50th birthday and extend to him our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Thomas Michael Longman as an expression of our respect and esteem. HOUSE RESOLUTION 276 Offered by Representative Hoffman: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone achievements by citizens of the State of
[May 8, 2001] 12 Illinois; and WHEREAS, It has come to our attention that Lee Ann Ufford received the Lloyd "Curly" Harris Award in Government during the honors convocation ceremony on April 8, 2001, at Southern Illinois University at Edwardsville; selected by the faculty of the Department of Political Science, this award is given annually to recognize an outstanding student in the field of Political Science; and WHEREAS, Lee Ann Ufford will also be inducted into the honor society Phi Kappa Phi for maintaining a perfect 4.0 grade point average while at Southern Illinois University at Edwardsville; and WHEREAS, Lee Ann Ufford is a returning student, having started her higher education at the University of Arizona in 1973; she graduated summa cum laude from Southern Illinois University at Edwardsville on May 6, 2001 with a Bachelors degree in Political Science and a minor in Women's Studies; and WHEREAS, Lee Ann Ufford has been an inspiration and role model for her hard work and dedication to her studies at the University; she served on the Excellence in Education Committee and organized a voter registration drive on the campus that encouraged students to become involved in the democratic process; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we wish to congratulate Lee Ann Ufford on her tremendous accomplishments at Southern Illinois University at Edwardsville, her acceptance to Phi Kappa Phi honor society, and her recognition as the Lloyd "Curly" Harris Award recipient; and be it further RESOLVED, That a suitable copy of this resolution be presented to Lee Ann Ufford as an expression of our esteem. HOUSE RESOLUTION 278 Offered by Representative Younge: 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 Herman E. Gray, Jr. has been elected to the office of Worthy Grand Patron of the Order of Eastern Star; and WHEREAS, Herman E. Gray, Jr. is styled Worthy Grand Patron of Eureka Grand Chapter, Order of Eastern Star, Prince Hall Affiliation, State of Illinois and Jurisdiction; and WHEREAS, Herman E. Gray, Jr. is the presiding male for over forty Eastern Star Chapters throughout the State of Illinois; and WHEREAS, Herman E. Gray, Jr. served as a Past Patron of Queen Elizabeth Chapter No. 16, Order of Easter Star, East St. Louis, Illinois and as Past Master of Southern Cross Masonic Lodge No. 112, East St. Louis, Illinois; he is also a thirty-third degree mason; and WHEREAS, The Prince Hall Eastern Star in the State of Illinois has been in existence for over one hundred years; Herman E. Gray, Jr. is the third person from the city of East St. Louis to be exalted to the office of Worthy Grand Patron; and WHEREAS, Herman E. Gray, Jr. will be honored on Saturday May 19, 2001 for his accomplishment of being elected to the office of Worthy Grand Patron of the Order of Eastern Star; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Herman E. Gray, Jr. of East St. Louis, Illinois on being elected to the office of Worthy Grand Patron of the Order of Eastern Star; and be it further RESOLVED, That a suitable copy of this resolution be presented to Herman E. Gray, Jr. as an expression of our esteem. HOUSE RESOLUTION 279 Offered by Representative McAuliffe: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of
13 [May 8, 2001] Stanislaw "Stanley" Dobrzycki, who passed away on March 17, 2001; and WHEREAS, Stanislaw Dobrzycki was born on July 5, 1921 in Kurki, Poland; and WHEREAS, On September 1, 1939, two weeks after World War II began, Stanislaw Dobrzycki and his entire family were arrested and imprisoned for several months by Soviet forces invading from the east; in February of 1940, they were herded in freight cars to the Soviet gulags in Siberia; and WHEREAS, On March 3, 1942, after the Soviets switched alliances, Mr. Dobrzycki volunteered with the 3rd Carphatian Division, First Artillery, 22nd Brigade of the Polish Free Army in the Qastina Camp in the former U.S.S.R; under the command of General Kopanski, the Polish Free Army was formed and moved westward to join the British Command in April 1942; Mr. Dobrzycki's unit was victorious in an attack on May 19, 1944 on the mountaintop monastery of Monte Cassino, where German forces had cut off the route to Rome and Northern Italy; the victory opened a route to Allied forces; in addition to Monte Cassino, he also fought at Ancona and Bolonia before being evacuated to England and discharged as a lieutenant; and WHEREAS, Stanislaw Dobrzycki was awarded the Polish Army's Bronze Cross of Merit with swords and the Cross of Monte Cassino, battle stars for 1939 to 1945 from the British Army along with the Star of Italy, Defense Medal and war medals from 1939 through 1945; he was recently awarded the Golden Battle Cross of Honor by the minister plenipotentiary at the Republic of Poland's consulate in Chicago, Illinois; and WHEREAS, Mr. Dobrzycki returned to Italy in 1994 for the 50th anniversary of the battle at Monte Cassino and visited the cemetery where his comrades were buried; and WHEREAS, After living in England for many years, Mr. Dobrzycki moved to Chicago in 1950, where he married his wife, Danuta, a third-year medical student, and settled on the northwest side; he worked as a precision tool maker for Glenbard Tool of Anister Brothers; and WHEREAS, Mr. Dobrzycki was very active in Chicago's Polish-American community; he was a member in the Polish National Alliance Lodge 771, president of the PNA and Polish American Congress; he also served as a member of the Siberian Society of the USA, the Polish Carphatian Society of America, the Polish American Numismatics Association, and the Polonus Philatelic Society; in addition he served as an election judge for many years; and WHEREAS, Mr. Dobrzycki was an avid stamp collector; he also put together an exhibit honoring musician and statesman, Ignacy Paderewski that earned him international honors; and WHEREAS, The passing of Stanislaw Dobrzycki will be deeply felt by all who knew and loved him, especially his wife, Danuta "Donna" Dobrzycki; his sons, Mark Dobrzycki and Chris (wife, Agnieszka) Dobrzycki; his sister, Sabina Chmielewski; his brother, Jerzy Dobrzycki; and his many relatives in Poland and Chicago's South and North Sides; 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 Stanislaw Dobrzycki, of Harwood Heights, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Stanislaw Dobrzycki with our sincere condolences. HOUSE RESOLUTION 280 Offered by Representative Bill Mitchell: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, Decatur Council No. 577 of the Knights of Columbus was chartered on May 12, 1901; and WHEREAS, Council No. 577 has throughout the 100 years served their
[May 8, 2001] 14 church, order, parishes, families, community and country with charity, unity, patriotism, and fraternally; and WHEREAS, Members and families of Council No. 577 have served their community with many charitable activities including Special Olympics, Red Cross Blood Bank, and support of the local Catholic High School; and WHEREAS, Members of Council No. 577 have served in positions of leadership in the Illinois State Council and the Supreme Council of the Knights of Columbus; and WHEREAS, Council No. 577 will celebrate its 100th Anniversary on May 11, 2001, with a Mass and Banquet and begin a new century of service to God, country, and community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Decatur Council No. 577 of the Knights of Columbus on their century of service; and be it further RESOLVED, That a suitable copy of this resolution be presented to Decatur Council No. 577 of the Knights of Columbus as an expression of our esteem. HOUSE RESOLUTION 281 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 Dale Campbell has been selected as the Catlin Lions Club 2001 Citizen of the Year; and WHEREAS, Dale Campbell has lived in Catlin, Illinois since 1953, and has been very active in his community; and WHEREAS, Dale Campbell owned Campbell's Disposal Service for thirty-eight years before retiring in 1992; as owner, Mr. Campbell offered free garbage pick-up for all local organizations staging events in Catlin; and WHEREAS, Dale Campbell is a member of the Catlin Historical Society, a member of the South Side Church of the Nazarene in Tilton, a supporter of Catlin Little League Sports, a member of the zoning commission, and assists in the spring and fall clean up of the village;; and WHEREAS, Dale Campbell was selected as the Catlin Lions Club 2001 Citizen of the Year by his fellow neighbors for his longtime dedication and support to the village of Catlin; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dale Campbell on being selected as the Catlin Lions Club 2001 Citizen of the Year; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dale Campbell as an expression of our esteem. HOUSE RESOLUTION 282 Offered by Representative Kosel: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of organizations of the State of Illinois; and WHEREAS, It has come to our attention that Lincolnway Special Recreation Association is celebrating its 25th anniversary of service to individuals with disabiliies on July 1, 2001; and WHEREAS, Lincolnway Special Recreation Association is a program of adaptive recreation for individuals with disabilities offered through a special cooperative agreement that includes Frankfort, Mokena, New Lenox, and Peotone Park Districts; and WHEREAS, Lincolnway Special Recreation Association offers a variety of programs for individuals from preschool through adult who are in special education classes, sheltered workshops, or who have recreational needs not met by regular park district programs; and
15 [May 8, 2001] WHEREAS, The primary purpose of Lincolnway Special Recreation Association is to provide programs with a variety of special needs; the programs are developed with the intention of eliminating any leisure barriers and facilitating the participant in developing a balance of leisure and socialization skills, recreation resources and opportunities, knowledge, and independence, provided in a variety of settings; all together, the programs will attribute to the participant's overall well-being in the individual's leisure lifestyles; and WHEREAS, Lincolnway Special Recreation Association serves many populations, including the learning disabled, physically impaired, E.M.H., T.M.H., individuals with behavior problems, visually impaired individuals, those with multiple disabilities, and those with additional special needs; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Lincolnway Special Recreation Association on the celebration of its 25th anniversary of service to individuals with disabilities in the Frankfort, Mokena, New Lenox, and Peotone communities; and be it further RESOLVED, That a suitable copy of this resolution be presented to Lincolnway Special Recreation Association as an expression of our esteem. HOUSE RESOLUTION 283 Offered by Representative Johnson: 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 James R. Holderfield is retiring from St. Charles East High School after a teaching career of thirty-five years; and WHEREAS, Mr. Holderfield received his associate's degree in machine drafting and design from the Vocational Technical Institute in 1960, a bachelor's of science degree in Industrial Education with an emphasis in Vocation Education in 1965 from Southern Illinois University at Carterville, and his Master of Science in Industrial Education from Northern Illinois University in DeKalb in 1970; and WHEREAS, At St. Charles East High School, Mr. Holderfield changed the image and quality of technology education, also known as "shop", in order for technology education to attain its rightful place alongside the academics of math, science, English, and social studies; presently he is working to establish kindergarten through twelfth grade technology literacy standards in the St. Charles School District; and WHEREAS, James Holderfield has made valuable professional contributions to education, which include developing vocational courses at St. Charles East High School such as a vocational mechanical drawing course, an architectural drafting and design course, a machine drafting and design course, a product design course, a computer aided drafting class, an architectural drafting and design class, an automotive maintenance and repair course, a pre-engineering technology and engineering technology course, and the I-tech course; Mr. Holderfield also was a part-time senior faculty member at Elgin Community College teaching engineering drafting for twelve years; and WHEREAS, James Holderfield has provided his service and contribution to area schools as a member of the North Central Evaluation Team at Elgin Larkin High School and at Lake Zurich High school; he has hosted numerous visiting high schools and professional groups at St. Charles East High School and provided information and experiences gained in the implementation and operation of courses and programs; he has served as President-Elect of Industrial Education Roundtable and has provided information and on-site assistance in the design and implementation of a student internship program for Dundee Crown High School; in addition, Mr. Holderfield has served as Department Chair of Technology Education and Family and Consumer
[May 8, 2001] 16 Sciences, and as Director of the "Charleston" Residential Building Trades Program; and WHEREAS, In addition to his teaching duties, James Holderfield has made valuable contributions to the local community; he served on the Neighborhood Improvement Association where he helped develop criteria for yearly competitions to acknowledge homeowners that have made improvements in their homes and neighborhoods, as a judge in neighborhood improvement competitions, and as a member of a committee that reviewed and granted government funds to low income families to renovate and repair their homes; he is presently a candidate for Library Trustee on the St. Charles Public Library Board; and WHEREAS, James Holderfield has been the recipient of several honors, including a resolution of appreciation from Elgin Community College in 1987, the "Those Who Excel" award from the Illinois State Board of Education in 1987, the Golden Apple Award in 1988, and a Certificate of Appreciation from the Illinois State Board of Education; and WHEREAS, Recently, James Holderfield received the D.L. Hoeft High School Teacher of the Year award at the 26th annual Educator of the Year Awards in April, 2001, which serves as a fitting capstone to an amazing thirty-five year career; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate James R. Holderfield on his retirement from St. Charles East High School and on being the recipient of the 2001 D.L. Hoeft High School Teacher of the Year award, 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 James R. Holderfield as an expression of our esteem. HOUSE RESOLUTION 285 Offered by Representative Leitch: WHEREAS, Camille M. Gibson is retiring May 1, 2001, from the Peoria City Council after a long and distinguished career in public, civic, and community service; and WHEREAS, Councilman Gibson was appointed to serve the citizens of Peoria as Second District Councilman from December, 1988 until May, 1989, and as at-large Councilman from January, 1990 until May, 1991, before she was overwhelmingly elected to serve two at-large terms from May, 1991 until May, 2001; and WHEREAS, Councilman Gibson earned widespread community respect, affection and admiration for her leadership in developing the Neighborhood Commission and effective programs for redevelopment, public safety, beautification, and community policing; and WHEREAS, Camille M. Gibson was instrumental in the nationally-recognized renewal of Peoria Housing Authority properties, the successful city labor-management collaboration on wellness and health insurance programs, and the financial and professional management success of the Peoria Civic Center; and WHEREAS, Camille M. Gibson has devoted countless volunteer hours in service on the City Zoning Commission, Charter School Board, Youth Services Network, Civic Opera Board, Peoria City Beautiful, and as chairman of the Peoria County Republican Central Committee from 1979 to 1985; and WHEREAS, Camille M. Gibson graduated with her bachelor's degree from Bradley University summa cum laude, and from the University of Illinois with her M.A. and Ph.D.; she is an esteemed history instructor at Bradley University; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Camille M. Gibson on her retirement from the Peoria City Council and wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Camille M. Gibson as an expression of our esteem.
17 [May 8, 2001] HOUSE RESOLUTION 286 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 Louise Holland has retired from her duties as Winnetka's village president; and WHEREAS, Louise Holland first served on the Zoning Board of Appeals in 1982; she was elected as a trustee in 1992 and held that position until she became president in 1997; and WHEREAS, Louise Holland earned the nickname "Landslide Louise" after winning the nomination for village trustee by a handful of votes at a contest at the Caucus Town Meeting in 1992; and WHEREAS, Louise Holland dealt with issues concerning infrastructure and municipal services during her tenure as village president; major capital projects initiated during her tenure included repairing streets, sewers, and bridges, burying electric lines, rebuilding the public safety building, and the start of the project to replace the Village Yards public works garages; all of the work completed was done under the restraints of property tax caps; and WHEREAS, Louise Holland has helped bring retail businesses into the village of Winnetka which generates more than $1,000,000 in sales tax revenue a year for the village; and WHEREAS, Louise Holland has also made environmental improvements in how the village provides power on the Village Green; and, WHEREAS, Louis Holland has enjoyed her tenure as village president; she has helped the Village of Winnetka achieve "progress without change" by sticking to the "Winnetka Way" theory established by her colleagues; and WHEREAS, In addition to her duties as village president, Louis Holland was an active member in the Northwest Municipal Conference, where her she served as Director of the Northwest Municipal Conference Executive Board from 1998 through 2001, as co-chair of the Legislative Committee from 1998 through 2000, as member of the Non-Home Rule Committee from 1997 through 2001, and a member of the E-Commerce Task Force from 2000 through 2001; and WHEREAS, Louise Holland will enjoy her retirement with her two children and her three dogs; in addition she will spend more time in the family business of shopping mall management; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Louis Holland on her retirement from her duties as village president for the community of Winnetka, Illinois and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Louise Holland as an expression of our esteem. HOUSE RESOLUTION 287 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 Emil B. Msall, who passed away on March 25, 2001; and WHEREAS, Emil B. Msall was the son on Slovak immigrants, born in their cold-water flat in the Back of the Yards neighborhood; he was an early graduate of Gage Park High School; and WHEREAS, Mr. Msall was a veteran of the United States Navy; he served as a gunner aboard the U.S.S. Hyde, where he helped support amphibious landings in the Pacific; he was one of the first American servicemen to land at Nagasaki as part of a relief effort; and WHEREAS, After the completion of his service with the United States Navy in 1946, Mr. Msall attended Northern Illinois University and graduated with a degree in physical education; during the early 1950s, he pitched for the Chicago Bobcats, a well known 16-inch softball team; and
[May 8, 2001] 18 WHEREAS, Mr. Msall served as a gym teacher briefly in the Catholic school system, as nightime supervisor at the Marquette Park fieldhouse, and at a loading dock to make ends meet while his children were young; at the same time, he started working as an insurance man, at first selling policies door to door; in 1957 he began working with Travelers Insurance, where he handled insurance claims; in 1970, he moved to CNA Insurance, and then to Shand Morahan in 1975; after his retirement in 1993, he continued to serve as a consultant for various local insurance firms for several years; and WHEREAS, Mr. Msall was a gregarious jokester and storyteller; he enjoyed the company of his friends and family in his Oak Park home; and WHEREAS, The passing of Emil B. Msall will be deeply felt by all who knew and loved him, especially his wife, Lucille; his children, Laurence Msall, Michael Msall, Anita Msall, Karin Fischer, Mary Rogers, Camille Msall, Madeleine Msall, Christianne Msall, and Julianne Pegler; his sister, Jean Orlik; and his fourteen 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 him, the death of Emil B. Msall of Oak Park, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Emil B. Msall with our sincere condolences. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE JOINT RESOLUTION 33 Offered by Representative Joseph Lyons: WHEREAS, The Assisted Living and Shared Housing Act was enacted in 1999 and was scheduled to be implemented on January 1, 2001; and WHEREAS, The Illinois legislature delayed the passage of the act for three years until sufficient safeguards were in place to protect the safety and well-being of the residents; and WHEREAS, The Legislature identified the Department of Public Health as the oversight agency because of its history of regulating community residential establishments; and WHEREAS, The proposed fiscal year 2002 budget assumes privatization of the assisted living inspection and licensure function and fails to fund enforcement including investigators to respond to reports of abuse and neglect; and WHEREAS, It is the intent of the Department of Public Health to require establishments to become accredited by one or more designated accrediting bodies in lieu of licensure; and WHEREAS, The accrediting agencies have indicated that accreditation status is not a dependable indication of compliance with State licensing standards or quality of care; and WHEREAS, The use of accreditation in lieu of licensure effectively shifts the State administrative costs to residents, which has the potential of pricing assisted living out of the reach of many seniors; and WHEREAS, Requiring the residents to underwrite the cost of inspection and investigation of claims of abuse or neglect will have a chilling effect on reporting by seniors and their families; and WHEREAS, The safety and well-being of the residents must be the State's primary concern; 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 State of Illinois reaffirms its intent to operate a strong, aggressive oversight system for assisted living and shared housing establishments; and be it further RESOLVED, That the Illinois General Assembly finds that a policy
19 [May 8, 2001] mandating accreditation in lieu of licensure or contracting with an accrediting body to complete surveying functions is not in the best interest of assisted living and shared housing residents; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Governor of the State of Illinois and the Illinois Department of Public Health. HOUSE JOINT RESOLUTION 34 Offered by Representative McCarthy: WHEREAS, The Illinois Health Facilities Planning Act was created in 1974, in accordance with federal mandates, to establish a procedure to reverse the trend of increasing health care costs resulting from unnecessary construction or modification of health care facilities, to improve the financial ability of the public to obtain necessary health services, and to establish an orderly and comprehensive health care delivery system providing quality health care; and WHEREAS, The Health Facilities Planning Board currently administers the Certificate of Need program for the regulation of ambulatory surgical treatment centers, hospitals, nursing homes, and kidney disease treatment centers within the State of Illinois; and WHEREAS, The health care delivery system has undergone drastic changes and witnessed numerous advancements in the past 25 years; and WHEREAS, Thirteen states have repealed their Certificate of Need programs and many other states have scaled back their Certificate of Need programs by limiting the scope and criteria for review under those programs; and WHEREAS, The 91st General Assembly approved Senate Bill 807, signed into law as Public Act 91-0782, which included a sunset provision that repeals the Illinois Health Facilities Planning Act on July 1, 2003, which will require a determination by the General Assembly regarding the future status of the law; 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 there is created the Illinois Legislative Task Force on Certificate of Need consisting of 5 voting members, one of whom shall be a member of the Senate appointed by the President of the Senate and who shall serve as Co-chairperson, one of whom shall be a member of the Senate appointed by the Minority Leader of the Senate, one of whom shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives and who shall serve as Co-chairperson, one of whom shall be a member of the House of Representatives appointed by the Minority Leader of the House of Representatives, and one of whom shall be an Illinois health care consumer appointed by the Governor and recommended by a statewide organization that advocates for Illinois health care consumers; and be it further RESOLVED, That the Task Force shall include 12 non-voting members, one of whom shall be a representative designated by the Illinois Hospital and Health Systems Association, one of whom shall be a representative designated by the Illinois State Medical Society, one of whom shall be a representative designated by the Life Services Network, one of whom shall be a representative designated by the Illinois Health Care Association, one of whom shall be a representative designated by the Illinois Council on Long Term Care, one of whom shall be a representative designated by the Illinois State Chamber of Commerce, one of whom shall be a representative designated by the Freestanding Surgical Treatment Center Association, one of whom shall be a representative designated by the Health Facilities Planning Board, one of whom shall be a representative designated by the Illinois Campaign for Better Health Care, one of whom shall be a representative designated by the Illinois Nurses Association, one of whom shall be a representative designated by a collective bargaining agent representing Illinois health care workers, and one of whom shall be a representative designated by the International Health Racquet and Sports Club
[May 8, 2001] 20 Association; and be it further RESOLVED, That the meetings of the Task Force shall be held at the call of the Co-chairpersons and that members of the Task Force shall serve without compensation; and be it further RESOLVED, That the Task Force shall study the Certificate of Need process; and be it further RESOLVED, That the Task Force shall report its recommendations to the General Assembly and Governor on or before January 9, 2002. 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 Coulson, SENATE BILL 133 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 0, Nays; 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 Hartke, SENATE BILL 405 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; 2, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Schoenberg, SENATE BILL 233 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 0, Nays; 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. RECALLS By unanimous consent, on motion of Representative Bost, SENATE BILL 103 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Beaubien, SENATE BILL 504 was recalled from the order of Third Reading to the order of Second Reading and held on that order. 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 Berns, SENATE BILL 286 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 0, Nays; 0, Answering Present.
21 [May 8, 2001] (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 Saviano, SENATE BILL 289 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 0, Nays; 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 Saviano, SENATE BILL 318 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 0, Nays; 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 May, SENATE BILL 325 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 0, Nays; 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 Feigenholtz, SENATE BILL 390 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Slone, SENATE BILL 394 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: 69, Yeas; 38, Nays; 2, 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 O'Brien, SENATE BILL 403 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 0, Nays; 1, 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.
[May 8, 2001] 22 On motion of Representative Lindner, SENATE BILL 434 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 0, Nays; 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 McGuire, SENATE BILL 487 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: 86, Yeas; 25, Nays; 0, Answering Present. (ROLL CALL 13) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Fritchey, SENATE BILL 500 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 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 Saviano, SENATE BILL 534 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Garrett, SENATE BILL 635 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 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. On motion of Representative Lang, SENATE BILL 686 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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. On motion of Representative John Turner, SENATE BILL 721 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: 86, Yeas; 24, Nays; 3, Answering Present.
23 [May 8, 2001] (ROLL CALL 18) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Franks, SENATE BILL 727 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Kurtz, SENATE BILL 800 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 20) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Parke, SENATE BILL 867 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 21) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Lang, SENATE BILL 938 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 110, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 22) 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 Pankau, SENATE BILL 1017 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 23) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Feigenholtz, SENATE BILL 817 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 24) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate.
[May 8, 2001] 24 On motion of Representative Erwin, SENATE BILL 1046 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 25) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative O'Connor, SENATE BILL 1065 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 26) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Hoffman, SENATE BILL 1080 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 27) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Yarbrough, SENATE BILL 1081 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: 105, Yeas; 9, Nays; 0, Answering Present. (ROLL CALL 28) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Lawfer, SENATE BILL 1166 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 29) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Reitz, SENATE BILL 1306 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Reitz, further consideration of SENATE BILL 1306 was postponed. On motion of Representative Winters, SENATE BILL 1517 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: 96, Yeas; 11, Nays; 6, Answering Present. (ROLL CALL 30) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed.
25 [May 8, 2001] Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Franks, SENATE BILL 30 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 31) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Mathias, SENATE BILL 510 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 32) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. RECALLS By unanimous consent, on motion of Representative Poe, SENATE BILL 994 was recalled from the order of Third Reading to the order of Second Reading and held on that order. 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 5, 8, 32, 38, 52, 60, 164, 165, 208, 250, 298, 329, 496, 497, 508, 530, 538, 571, 573, 617, 661, 698, 755, 761, 845, 853, 854, 855, 877, 879, 936, 940, 978, 1047, 1102, 1116, 1241, 1304, 1505, 1506 and 1522. SENATE BILL 3. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 3 AMENDMENT NO. 1. Amend Senate Bill 3 by deleting all of Section 15. AMENDMENT NO. 2 TO SENATE BILL 3 AMENDMENT NO. 2. Amend Senate Bill 3 on page 1, line 29, after "drugs", by inserting "by a person under the age of 18". 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 15. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed:
[May 8, 2001] 26 AMENDMENT NO. 1 TO SENATE BILL 15 AMENDMENT NO. 1. Amend Senate Bill 15 on page 1, by replacing lines 10 through 12 as follows: "organization that on December 31, 1926 had its national headquarters in Illinois or that was chartered in Illinois in July 1896, or its subordinate organization or entity, that is exempt under Section 501(c)(8) of". 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 39. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 39 AMENDMENT NO. 1. Amend Senate Bill 39 on page 2, line 33, before the period, by inserting the following: ", except that the redemption period shall be 6 months from the date of sale and the real estate homestead exemption under Section 12-901 shall apply". 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 55. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 55 AMENDMENT NO. 1. Amend Senate Bill 55 by replacing everything after the enacting clause with the following: "Section 5. The Retailers' Occupation Tax Act is amended by changing Section 14 as follows: (35 ILCS 120/14) (from Ch. 120, par. 453) Sec. 14. Short title; additional tax. This Act shall be known as the "Retailers' Occupation Tax Act" and the tax herein imposed shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof. (Source: Laws 1933, p. 924.)". 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 1190. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1190 AMENDMENT NO. 1. Amend Senate Bill 1190 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 1A-1 as
27 [May 8, 2001] follows: (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1) Sec. 1A-1. State Board of Education; members and terms. (a) The term of each member of the State Board of Education who is in office on the effective date of this amendatory Act of 1996 shall terminate on January 1, 1997 or when all of the new members initially to be appointed under this amendatory Act of 1996 are appointed by the Governor as provided in subsection (b), whichever last occurs. (b) Beginning on January 1, 1997 or when all of the new members initially to be appointed under this subsection are appointed by the Governor, whichever last occurs, and thereafter, the State Board of Education shall consist of 9 members, who shall be appointed by the Governor with the advice and consent of the Senate from a pattern of regional representation as follows: 2 appointees shall be selected from among those counties of the State other than Cook County and the 5 counties contiguous to Cook County; 2 appointees shall be selected from Cook County, one of whom shall be a resident of the City of Chicago and one of whom shall be a resident of that part of Cook County which lies outside the city limits of Chicago; 2 appointees shall be selected from among the 5 counties of the State that are contiguous to Cook County; and 3 members shall be selected as members-at-large. At no time may more than 5 members of the Board be from one political party. Party membership is defined as having voted in the primary of the party in the last primary before appointment. The 9 members initially appointed pursuant to this amendatory Act of 1996 shall draw lots to determine 3 of their number who shall serve until the second Wednesday of January, 2003, 3 of their number who shall serve until the second Wednesday of January, 2001, and 3 of their number who shall serve until the second Wednesday of January, 1999. Upon expiration of the terms of the members initially appointed under this amendatory Act of 1996, their respective successors shall be appointed for terms of 6 years, from the second Wednesday in January of each odd numbered year and until their respective successors are appointed and qualified. Vacancies in terms shall be filled by appointment by the Governor with the advice and consent of the Senate for the extent of the unexpired term. If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when the Governor shall appoint a person to fill that membership for the remainder of its term. If the Senate is not in session when appointments for a full term are made, the appointments shall be made as in the case of vacancies. (Source: P.A. 89-610, eff. 8-6-96.)". 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 48. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 48 AMENDMENT NO. 1. Amend Senate Bill 48 on page 1, line 5, by changing "Section 2-6.5 and" to "Sections 2-6.5,"; and on page 1, line 6, by changing "Section" to "6-13.5, and"; and on page 4, line 13 and line 20 by changing "$5,000,000", each time it appears, to "$4,000,000"; and on page 4 by inserting immediately below line 24 the following: "(205 ILCS 620/6-13.5 new) Sec. 6-13.5. Pledging requirements. (a) The Commissioner may require a trust company holding a certificate of authority under this Act to pledge to the Commissioner securities or a surety bond which shall run to the Commissioner in an
[May 8, 2001] 28 amount, not to exceed $1,000,000, that the Commissioner deems appropriate for costs associated with the receivership of the trust company. In the event of a receivership of a trust company, the Commissioner may, without regard to any priorities, preferences, or adverse claims, reduce the pledged securities or the surety bond to cash and, as soon as practicable, utilize the cash to cover costs associated with the receivership. (b) If the trust company chooses to pledge securities to satisfy the provisions of this Section, the securities shall be held at a depository institution or a Federal Reserve Bank approved by the Commissioner. The Commissioner may specify the types of securities that may be pledged in accordance with this Section. Any fees associated with holding such securities shall be the responsibility of the trust company. (c) If the trust company chooses to purchase a surety bond to satisfy the provisions of this Section, the bond shall be issued by a bonding company, approved by the Commissioner, that is authorized to do business in this State and that has a rating in one of the 3 highest grades as determined by a national rating service. The bond shall be in a form approved by the Commissioner. The trust company may not obtain a surety bond from any entity in which the trust company has a financial interest.". 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 93. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 93 AMENDMENT NO. 1. Amend Senate Bill 93 on page 1, line 6, after "amended", by inserting "by changing Section 10 and"; and on page 1, immediately below line 6, by inserting the following: "(70 ILCS 2605/10) (from Ch. 42, par. 329) Sec. 10. At the time or before incurring any indebtedness, the board of trustees shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof as the same shall fall due, and at least within 30 twenty years from the time of contracting the same: Provided that any such tax levied to pay the interest on bonds and to discharge the principal thereof for bonds heretofore issued prior to November 6, 1956, or for Refunding Bonds thereafter issued to refund said bonds, shall be levied and extended only upon property within the territorial limits of such sanitary districts as said territorial limits existed on November 6, 1956. (Source: Laws 1955, p. 677.)". 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 163. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 163 AMENDMENT NO. 1. Amend Senate Bill 163 on page 1, after line 3, by inserting the following:
29 [May 8, 2001] "Section 2. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Child Support Administrative Fund."; and on page 1, by replacing line 5 with the following: "changing Sections 10-26, 12-8.1, and 12-10.2 and adding Sections 10-26.2 and 12-10.2a as follows:"; and on page 1, after line 23, by inserting the following: "(a-2) The contract entered into by the Illinois Department with a public or private entity or an individual for the operation of the State Disbursement Unit is subject to competitive bidding. In addition, the contract is subject to Section 10-26.2 of this Code. As used in this subsection (a-2), "contract" has the same meaning as in the Illinois Procurement Code."; and on page 3, after line 9, by inserting the following: "(305 ILCS 5/10-26.2 new) Sec. 10-26.2. Contracts concerning the operation of the State Disbursement Unit. (a) In this Section: "Contract" has the same meaning as in the Illinois Procurement Code. "SDU contractor" means any public or private entity or individual with whom the Illinois Department enters into a contract in connection with the operation of the State Disbursement Unit. (b) Every contract entered into by the Illinois Department with a public or private entity or an individual in connection with the operation of the State Disbursement Unit must contain, at a minimum, the provisions set forth in this Section. (c) The contract must provide that both the Illinois Department and the SDU contractor must take all steps necessary to ensure that (i) all cases in which support payments are no longer being collected and disbursed by the State Disbursement Unit are removed from the State Disbursement Unit's data system and (ii) all of the data relied on by the State Disbursement Unit in performing its functions is accurate so that the State Disbursement Unit will be able to effectively administer the collection and disbursement of support payments. (d) The contract must contain provisions to ensure that all clerks of the circuit court receive all reports or other information necessary to ensure that non-custodial parents' support payment records are accurately stated. (e) The contract must contain provisions to ensure that notices to employers in connection with the collection of support are clear and consistent and that the SDU contractor will promptly inform an employer about any problems and any necessary changes in connection with the collection of support. (f) The contract must contain appropriate management controls to ensure that (i) all of the SDU contractor's actions in performing the functions of the State Disbursement Unit are reasonably planned, timely implemented, and adequately controlled and (ii) all reports that are necessary to provide the Illinois Department with the information necessary to effectively monitor the quality and accuracy of the SDU contractor's actions in performing the functions of the State Disbursement Unit are timely received and reviewed. (g) If the contract authorizes the SDU contractor to enter into a subcontract with another public or private entity or individual for the performance of any function in connection with the operation of the State Disbursement Unit, that authorization must also state that every such subcontract is subject to competitive bidding and all other applicable requirements of the Illinois Procurement Code. (h) The contract must contain provisions specifying standards with respect to the level of performance expected of the SDU contractor. The contract may include provisions for incentives and penalties in connection with the SDU contractor's performance. (i) The contract must contain provisions projecting the number of active support collection and disbursement cases to be handled by the State Disbursement Unit and estimating the number of support
[May 8, 2001] 30 disbursement transactions to be handled each year. (j) The contract must contain provisions requiring the SDU contractor to develop a method of calculating support payment processing times that can be used to accurately assess the State Disbursement Unit's compliance with all applicable federal requirements. The contract must also contain provisions for the Illinois Department's regular, periodic review of reports based on that method. (k) The contract must contain provisions requiring the SDU contractor to submit to the Illinois Department, within 45 days after the end of each State fiscal year, a completed American Institute of Certified Public Accountants Statement on Auditing Standards Number 88 (SAS 88) for the purpose of enabling the Illinois Department to appropriately monitor the State Disbursement Unit's performance as a service organization and to enable the Auditor General, as the external auditor of the State Disbursement Unit, to ensure that appropriate controls are present. (l) The contract must contain provisions requiring the Illinois Department and the SDU contractor to examine the causes of untimely disbursement of support payments and inappropriate cost recovery and to take prompt action to ensure the timely and accurate disbursement of support payments. The contract must also contain provisions for the final disposition of support payments that cannot be immediately processed by the State Disbursement Unit. (m) The contract must contain provisions to ensure that neither the Illinois Department nor the SDU contractor uses moneys collected and held in trust for the payment of support for any purpose other than that for which the moneys were collected. (n) The contract must contain provisions requiring the Illinois Department to audit the disbursement of all emergency support payments and report to the General Assembly the results of the audit, including, without limitation, the number of emergency support payment checks issued by the State Disbursement Unit, the amount of repayments received from recipients of those checks, and amounts for which the Illinois Department did not seek repayment."; and on page 4, by replacing lines 17 and 18 with the following: "(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2) Sec. 12-10.2. The Child Support Enforcement Trust Fund. (a) The Child Support Enforcement Trust Fund, to be held by the State Treasurer as ex-officio custodian outside the State Treasury, pursuant to the Child Support Enforcement Program established by Title IV-D of the Social Security Act, shall consist of: (1) all support payments assigned to the Illinois Department under Article X of this Code and rules promulgated by the Illinois Department that are disbursed to the Illinois Department by the State Disbursement Unit established under Section 10-26, (2) all support payments received by the Illinois Department as a result of the Child Support Enforcement Program established by Title IV-D of the Social Security Act that are not required or directed to be paid to the State Disbursement Unit established under Section 10-26, (3) all federal grants received by the Illinois Department funded by Title IV-D of the Social Security Act, except those federal funds received under the Title IV-D program as reimbursement for expenditures from the General Revenue Fund, (4) incentive payments received by the Illinois Department from other states or political subdivisions of other states for the enforcement and collection by the Department of an assigned child support obligation in behalf of such other states or their political subdivisions pursuant to the provisions of Title IV-D of the Social Security Act, (5) incentive payments retained by the Illinois Department from the amounts which otherwise would be paid to the federal government to reimburse the federal government's share of the support collection for the Department's enforcement and collection of an assigned support obligation on behalf of the State of
31 [May 8, 2001] Illinois pursuant to the provisions of Title IV-D of the Social Security Act, (6) all fees charged by the Department for child support enforcement services, as authorized under Title IV-D of the Social Security Act and Section 10-1 of this Code, and any other fees, costs, fines, recoveries, or penalties provided for by State or federal law and received by the Department under the Child Support Enforcement Program established by Title IV-D of the Social Security Act, and (7) all amounts appropriated by the General Assembly for deposit into the Fund, (8) any gifts, grants, donations, or awards from individuals, private businesses, nonprofit associations, and governmental entities. (b) Disbursements from this Fund shall be only for the following purposes: (1) for the reimbursement of funds received by the Illinois Department through error or mistake, (2) for payments to non-recipients, current recipients, and former recipients of financial aid of support payments received on their behalf under Article X of this Code that are not required to be disbursed by the State Disbursement Unit established under Section 10.26, (3) for any other payments required by law to be paid by the Illinois Department to non-recipients, current recipients, and former recipients, (4) for payment of any administrative expenses incurred through fiscal year 2001, but not thereafter, including payment to the Health Insurance Reserve Fund for group insurance costs at the rate certified by the Department of Central Management Services, except those required to be paid from the General Revenue Fund, including personal and contractual services, incurred in performing the Title IV-D activities authorized by Article X of this Code, (5) for the reimbursement of the Public Assistance Emergency Revolving Fund for expenditures made from that Fund for payments to former recipients of public aid for child support made to the Illinois Department when the former public aid recipient is legally entitled to all or part of the child support payments, pursuant to the provisions of Title IV-D of the Social Security Act, (6) for the payment of incentive amounts owed to other states or political subdivisions of other states that enforce and collect an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV-D of the Social Security Act, (7) for the payment of incentive amounts owed to political subdivisions of the State of Illinois that enforce and collect an assigned support obligation on behalf of the State pursuant to the provisions of Title IV-D of the Social Security Act, and (8) for payments of any amounts which are reimbursable to the Federal government which are required to be paid by State warrant by either the State or Federal government. Disbursements from this Fund shall be by warrants drawn by the State Comptroller on receipt of vouchers duly executed and certified by the Illinois Department or any other State agency that receives an appropriation from the Fund. (c) The Illinois Department's child support administrative expenses, as defined in Section 12-10.2a, that are incurred after fiscal year 2001 shall be paid only as provided in that Section. (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98; 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; 91-712, eff. 7-1-00.) (305 ILCS 5/12-10.2a new) Sec. 12-10.2a. Child Support Administrative Fund. (a) The Child Support Administrative Fund is created as a special fund in the State treasury. Moneys in the Fund may be used, subject to appropriation, only for the Department of Public Aid's child support administrative expenses, as defined in this Section.
[May 8, 2001] 32 (b) As used in this Section, "child support administrative expenses" means administrative expenses, including payment to the Health Insurance Reserve Fund for group insurance costs at the rate certified by the Department of Central Management Services, except those required to be paid from the General Revenue Fund, including personal and contractual services, incurred by the Department of Public Aid, either directly or under its contracts with SDU contractors as defined in Section 10-26.2, in performing activities authorized by Article X of this Code. The term includes expenses incurred by the Department of Public Aid in administering the Child Support Enforcement Trust Fund. (c) Child support administrative expenses incurred in fiscal year 2002 or thereafter shall be paid only from moneys appropriated to the Department from the Child Support Administrative Fund. (d) Before April 1, 2002 and before April 1 of each year thereafter, the Department of Public Aid shall certify to the General Assembly the amount of the Department's child support administrative expenses expected to be incurred during the fiscal year beginning on the next July 1. (e) Beginning July 1, 2001, on the first day of each month, or as soon thereafter as may be practical, the State Comptroller and the State Treasurer shall transfer from the Child Support Enforcement Trust Fund to the Child Support Administrative Fund one-twelfth of the amount appropriated to the Department from the Child Support Administrative Fund for the Department's child support administrative expenses for the then current fiscal year. Section 99. Effective date. This Act takes effect on July 1, 2001.". 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 216. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 216 AMENDMENT NO. 1. Amend Senate Bill 216 as follows: by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Abandoned Newborn Infant Protection Act. Section 5. Public policy. Illinois recognizes that newborn infants have been abandoned to the environment or to other circumstances that may be unsafe to the newborn infant. These circumstances have caused injury and death to newborn infants and give rise to potential civil or criminal liability to parents who may be under severe emotional distress. This Act is intended to provide a mechanism for a newborn infant to be relinquished to a safe environment and for the parents of the infant to remain anonymous if they choose and to avoid civil or criminal liability for the act of relinquishing the infant. It is recognized that establishing an adoption plan is preferable to relinquishing a child using the procedures outlined in this Act, but to reduce the chance of injury to a newborn infant, this Act provides a safer alternative. A public information campaign on this delicate issue shall be implemented to encourage parents considering abandonment of their newborn child to relinquish the child under the procedures outlined in this Act, to choose a traditional adoption plan, or to parent a child themselves rather than place the newborn infant in harm's way. Section 10. Definitions. In this Act: "Abandon" has the same meaning as in the Abused and Neglected Child Reporting Act.
33 [May 8, 2001] "Abused child" has the same meaning as in the Abused and Neglected Child Reporting Act. "Child-placing agency" means a licensed public or private agency that receives a child for the purpose of placing or arranging for the placement of the child in a foster family home or other facility for child care, apart from the custody of the child's parents. "Department" or "DCFS" means the Illinois Department of Children and Family Services. "Emergency medical facility" means a freestanding emergency center or trauma center, as defined in the Emergency Medical Services (EMS) Systems Act. "Emergency medical professional" includes licensed physicians, and any emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, trauma nurse specialist, and pre-hospital RN, as defined in the Emergency Medical Services (EMS) Systems Act. "Fire station" means a fire station within the State that is staffed with at least one full-time emergency medical professional. "Hospital" has the same meaning as in the Hospital Licensing Act. "Legal custody" means the relationship created by a court order in the best interest of a newborn infant that imposes on the infant's custodian the responsibility of physical possession of the infant, the duty to protect, train, and discipline the infant, and the duty to provide the infant with food, shelter, education, and medical care, except as these are limited by parental rights and responsibilities. "Neglected child" has the same meaning as in the Abused and Neglected Child Reporting Act. "Newborn infant" means a child who a licensed physician reasonably believes is 72 hours old or less at the time the child is initially relinquished to a hospital, fire station, or emergency medical facility, and who is not an abused or a neglected child. "Relinquish" means to bring a newborn infant, who a licensed physician reasonably believes is 72 hours old or less, to a hospital, fire station, or emergency medical facility and to leave the infant with personnel of the facility, if the person leaving the infant does not express an intent to return for the infant or states that he or she will not return for the infant. In the case of a mother who gives birth to an infant in a hospital, the mother's act of leaving that newborn infant at the hospital (i) without expressing an intent to return for the infant or (ii) stating that she will not return for the infant is not a "relinquishment" under this Act. "Temporary protective custody" means the temporary placement of a newborn infant within a hospital or other medical facility out of the custody of the infant's parent. Section 15. Presumptions. (a) There is a presumption that by relinquishing a newborn infant in accordance with this Act, the infant's parent consents to the termination of his or her parental rights with respect to the infant. (b) There is a presumption that a person relinquishing a newborn infant in accordance with this Act: (1) is the newborn infant's biological parent; and (2) either without expressing an intent to return for the infant or expressing an intent not to return for the infant, did intend to relinquish the infant to the hospital, fire station, or emergency medical facility to treat, care for, and provide for the infant in accordance with this Act. (c) A parent of a relinquished newborn infant may rebut the presumption set forth in either subsection (a) or subsection (b) pursuant to Section 55, at any time before the termination of the parent's parental rights. Section 20. Procedures with respect to relinquished newborn infants. (a) Hospitals. Every hospital must accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act. The hospital shall examine a relinquished newborn infant and perform tests that, based on reasonable medical
[May 8, 2001] 34 judgment, are appropriate in evaluating whether the relinquished newborn infant was abused or neglected. The act of relinquishing a newborn infant serves as implied consent for the hospital and its medical personnel and physicians on staff to treat and provide care for the infant. The hospital shall be deemed to have temporary protective custody of a relinquished newborn infant until the infant is discharged to the custody of a child-placing agency or the Department. (b) Fire stations and emergency medical facilities. Every fire station and emergency medical facility must accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act. The act of relinquishing a newborn infant serves as implied consent for the fire station or emergency medical facility and its emergency medical professionals to treat and provide care for the infant, to the extent that those emergency medical professionals are trained to provide those services. After the relinquishment of a newborn infant to a fire station or emergency medical facility, the fire station or emergency medical facility's personnel must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. If the parent of a newborn infant returns to reclaim the child within 72 hours after relinquishing the child to a fire station or emergency medical facility, the fire station or emergency medical facility must inform the parent of the name and location of the hospital to which the infant was transported. Section 25. Immunity for relinquishing person. (a) The act of relinquishing a newborn infant to a hospital, fire station, or emergency medical facility in accordance with this Act does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the infant pursuant to the laws of this State nor does it, by itself, constitute a violation of Section 12-21.5 or 12-21.6 of the Criminal Code of 1961. (b) If there is suspected child abuse or neglect that is not based solely on the newborn infant's relinquishment to a hospital, fire station, or emergency medical facility, the personnel of the hospital, fire station, or emergency medical facility who are mandated reporters under the Abused and Neglected Child Reporting Act must report the abuse or neglect pursuant to that Act. (c) Neither a child protective investigation nor a criminal investigation may be initiated solely because a newborn infant is relinquished pursuant to this Act. Section 27. Immunity of facility and personnel. A hospital, fire station, or emergency medical facility, and any personnel of a hospital, fire station, or emergency medical facility, are immune from criminal or civil liability for acting in good faith in accordance with this Act. Nothing in this Act limits liability for negligence for care and medical treatment. Section 30. Anonymity of relinquishing person. If there is no evidence of abuse or neglect of a relinquished newborn infant, the relinquishing person has the right to remain anonymous and to leave the hospital, fire station, or emergency medical facility at any time and not be pursued or followed. Before the relinquishing person leaves the hospital, fire station, or emergency medical facility, the hospital, fire station, or emergency medical facility personnel shall i) verbally inform the relinquishing person that by relinquishing the child anonymously, he or she will have to petition the court if he or she desires to prevent the termination of parental rights and regain custody of the child and ii) shall offer the relinquishing person the information packet described in Section 35 of this Act. However, nothing in this Act shall be construed as precluding the relinquishing person from providing his or her identity or completing the application forms for the Illinois Adoption Registry and Medical Information Exchange and requesting that the hospital, fire station, or emergency medical facility forward those forms to the Illinois Adoption Registry and Medical information Exchange.
35 [May 8, 2001] Section 35. Information for relinquishing person. A hospital, fire station, or emergency medical facility that receives a newborn infant relinquished in accordance with this Act must offer an information packet to the relinquishing person and, if possible, must clearly inform the relinquishing person that his or her acceptance of the information is completely voluntary, that registration with the Illinois Adoption Registry and Medical Information Exchange is voluntary, that the person will remain anonymous if he or she completes a Denial of Information Exchange, and that the person has the option to provide medical information only and still remain anonymous. The information packet must include all of the following: (1) All Illinois Adoption Registry and Medical Information Exchange application forms, including the Medical Information Exchange Questionnaire and the web site address and toll free phone number of the Registry. (2) Written notice of the following: (A) No sooner than 60 days following the date of the initial relinquishment of the infant to a hospital, fire station, or emergency medical facility, the child-placing agency or the Department will commence proceedings for the termination of parental rights and placement of the infant for adoption. (B) Failure of a parent of the infant to contact the Department and petition for the return of custody of the infant before termination of parental rights bars any future action asserting legal rights with respect to the infant. (3) A resource list of providers of counseling services including grief counseling, pregnancy counseling, and counseling regarding adoption and other available options for placement of the infant. Upon request, the Department of Public Health shall provide the application forms for the Illinois Adoption Registry and Medical Information Exchange to hospitals, fire stations, and emergency medical facilities. Section 40. Reporting requirements. (a) Within 12 hours after accepting a newborn infant from a relinquishing person or from a fire station or emergency medical facility in accordance with this Act, a hospital must report to the Department's State Central Registry for the purpose of transferring physical custody of the infant from the hospital to either a child-placing agency or the Department. (b) Within 24 hours after receiving a report under subsection (a), the Department must request assistance from law enforcement officials to investigate the matter using the National Crime Information Center to ensure that the relinquished newborn infant is not a missing child. (c) Once a hospital has made a report to the Department under subsection (a), the Department must arrange for a licensed child-placing agency to accept physical custody of the relinquished newborn infant. (d) If a relinquished child is not a newborn infant as defined in this Act, the hospital and the Department must proceed as if the child is an abused or neglected child. Section 45. Medical assistance. Notwithstanding any other provision of law, a newborn infant relinquished in accordance with this Act shall be deemed eligible for medical assistance under the Illinois Public Aid Code, and a hospital providing medical services to such an infant shall be reimbursed for those services in accordance with the payment methodologies authorized under that Code. In addition, for any day that a hospital has custody of a newborn infant relinquished in accordance with this Act and the infant does not require medically necessary care, the hospital shall be reimbursed by the Illinois Department of Public Aid at the general acute care per diem rate, in accordance with 89 Ill. Adm. Code 148.270(c). Section 50. Child-placing agency procedures. (a) The Department's State Central Registry must maintain a list of licensed child-placing agencies willing to take legal custody of
[May 8, 2001] 36 newborn infants relinquished in accordance with this Act. The child-placing agencies on the list must be contacted by the Department on a rotating basis upon notice from a hospital that a newborn infant has been relinquished in accordance with this Act. (b) Upon notice from the Department that a newborn infant has been relinquished in accordance with this Act, a child-placing agency must accept the newborn infant if the agency has the accommodations to do so. The child-placing agency must seek an order for legal custody of the infant upon its acceptance of the infant. (c) Within 3 business days after assuming physical custody of the infant, the child-placing agency shall file a petition in the division of the circuit court in which petitions for adoption would normally be heard. The petition shall allege that the newborn infant has been relinquished in accordance with this Act and shall state that the child-placing agency intends to place the infant in an adoptive home. (d) If no licensed child-placing agency is able to accept the relinquished newborn infant, then the Department must assume responsibility for the infant as soon as practicable. (e) A custody order issued under subsection (b) shall remain in effect until a final adoption order based on the relinquished newborn infant's best interests is issued in accordance with this Act and the Adoption Act. (f) When possible, the child-placing agency must place a relinquished newborn infant in a prospective adoptive home. (g) The Department or child-placing agency must initiate proceedings to (i) terminate the parental rights of the relinquished newborn infant's known or unknown parents, (ii) appoint a guardian for the infant, and (iii) obtain consent to the infant's adoption in accordance with this Act no sooner than 60 days following the date of the initial relinquishment of the infant to the hospital, fire station, or emergency medical facility. (h) Before filing a petition for termination of parental rights, the Department or child-placing agency must do the following: (1) Search its Putative Father Registry for the purpose of determining the identity and location of the putative father of the relinquished newborn infant who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the proceeding to the putative father. At least one search of the Registry must be conducted, at least 30 days after the relinquished newborn infant's estimated date of birth; earlier searches may be conducted, however. Notice to any potential putative father discovered in a search of the Registry according to the estimated age of the relinquished newborn infant must be in accordance with Section 12a of the Adoption Act. (2) Verify with law enforcement officials, using the National Crime Information Center, that the relinquished newborn infant is not a missing child. Section 55. Petition for return of custody. (a) A parent of a newborn infant relinquished in accordance with this Act may petition for the return of custody of the infant before the termination of parental rights with respect to the infant. (b) A parent of a newborn infant relinquished in accordance with this Act may petition for the return of custody of the infant by contacting the Department for the purpose of obtaining the name of the child-placing agency and then filing a petition for return of custody in the circuit court in which the proceeding for the termination of parental rights is pending. (c) If a petition for the termination of parental rights has not been filed by the Department or the child-placing agency, the parent of the relinquished newborn infant must contact the Department, which must notify the parent of the appropriate court in which the petition for return of custody must be filed. (d) The circuit court may hold the proceeding for the termination of parental rights in abeyance for a period not to exceed 60 days from the date that the petition for return of custody was filed without a showing of good cause. During that period:
37 [May 8, 2001] (1) The court shall order genetic testing to establish maternity or paternity, or both. (2) The Department shall conduct a child protective investigation and home study to develop recommendations to the court. (3) When indicated as a result of the Department's investigation and home study, further proceedings under the Juvenile Court Act of 1987 as the court determines appropriate, may be conducted. However, relinquishment of a newborn infant in accordance with this Act does not render the infant abused, neglected, or abandoned solely because the newborn infant was relinquished to a hospital, fire station, or emergency medical facility in accordance with this Act. (e) Failure to file a petition for the return of custody of a relinquished newborn infant before the termination of parental rights bars any future action asserting legal rights with respect to the infant unless the parent's act of relinquishment that led to the termination of parental rights involved fraud perpetrated against and not stemming from or involving the parent. No action to void or revoke the termination of parental rights of a parent of a newborn infant relinquished in accordance with this Act, including an action based on fraud, may be commenced after 12 months after the date that the newborn infant was initially relinquished to a hospital, fire station, or emergency medical facility. Section 60. Department's duties. The Department must implement a public information program to promote safe placement alternatives for newborn infants. The public information program must inform the public of the following: (1) The relinquishment alternative provided for in this Act, which results in the adoption of a newborn infant under 72 hours of age and which provides for the parent's anonymity, if the parent so chooses. (2) The alternative of adoption through a public or private agency, in which the parent's identity may or may not be known to the agency, but is kept anonymous from the adoptive parents, if the birth parent so desires, and which allows the parent to be actively involved in the child's adoption plan. The public information program may include, but need not be limited to, the following elements: (i) Educational and informational materials in print, audio, video, electronic or other media. (ii) Establishment of a web site. (iii) Public service announcements and advertisements. (iv) Establishment of toll-free telephone hotlines to provide information. Section 65. Evaluation. (a) The Department shall collect and analyze information regarding the relinquishment of newborn infants and placement of children under this Act. Fire stations, emergency medical facilities, and medical professionals accepting and providing services to a newborn infant under this Act shall report to the Department data necessary for the Department to evaluate and determine the effect of this Act in the prevention of injury or death of newborn infants. Child-placing agencies shall report to the Department data necessary to evaluate and determine the effectiveness of these agencies in providing child protective and child welfare services to newborn infants relinquished under this Act. (b) The information collected shall include, but need not be limited to: the number of newborn infants relinquished; the services provided to relinquished newborn infants; the outcome of care for the relinquished newborn infants; the number and disposition of cases of relinquished newborn infants subject to placement; the number of children accepted and served by child-placing agencies; and the services provided by child-placing agencies and the disposition of the cases of the children placed under this Act. (c) The Department shall submit a report by January 1, 2002, and
[May 8, 2001] 38 on January 1 of each year thereafter, to the Governor and General Assembly regarding the prevention of injury or death of newborn infants and the effect of placements of children under this Act. The report shall include, but need not be limited to, a summary of collected data, an analysis of the data and conclusions regarding the Act's effectiveness, a determination whether the purposes of the Act are being achieved, and recommendations for changes that may be considered necessary to improve the administration and enforcement of this Act. Section 70. Construction of Act. Nothing in this Act shall be construed to preclude the courts of this State from exercising their discretion to protect the health and safety of children in individual cases. The best interests and welfare of a child shall be a paramount consideration in the construction and interpretation of this Act. It is in the child's best interests that this Act be construed and interpreted so as not to result in extending time limits beyond those set forth in this Act. Section 75. Repeal. This Act is repealed on July 1, 2007. Section 90. The Illinois Public Aid Code is amended by changing Section 4-1.2 as follows: (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2) Sec. 4-1.2. Living Arrangements - Parents - Relatives - Foster Care. (a) The child or children must (1) be living with his or their father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or aunt, or other relative approved by the Illinois Department, in a place of residence maintained by one or more of such relatives as his or their own home, or (2) have been (a) removed from the home of the parents or other relatives by judicial order under the Juvenile Court Act or the Juvenile Court Act of 1987, as amended, (b) placed under the guardianship of the Department of Children and Family Services, and (c) under such guardianship, placed in a foster family home, group home or child care institution licensed pursuant to the "Child Care Act of 1969", approved May 15, 1969, as amended, or approved by that Department as meeting standards established for licensing under that Act, or (3) have been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child so placed in foster care who was not receiving aid under this Article in or for the month in which the court proceedings leading to that placement were initiated may qualify only if he lived in the home of his parents or other relatives at the time the proceedings were initiated, or within 6 months prior to the month of initiation, and would have received aid in and for that month if application had been made therefor. (b) The Illinois Department may, by rule, establish those persons who are living together who must be included in the same assistance unit in order to receive cash assistance under this Article and the income and assets of those persons in an assistance unit which must be considered in determining eligibility. (c) The conditions of qualification herein specified shall not prejudice aid granted under this Code for foster care prior to the effective date of this 1969 Amendatory Act. (Source: P.A. 90-17, eff. 7-1-97.) Section 92. The Abused and Neglected Child Reporting Act is amended by changing Section 3 as follows: (325 ILCS 5/3) (from Ch. 23, par. 2053) Sec. 3. As used in this Act unless the context otherwise requires: "Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services. "Department" means Department of Children and Family Services. "Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois Department of State Police. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the
39 [May 8, 2001] child's parent: a. inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; b. creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; c. commits or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code of 1961, as amended, and extending those definitions of sex offenses to include children under 18 years of age; d. commits or allows to be committed an act or acts of torture upon such child; e. inflicts excessive corporal punishment; f. commits or allows to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 1961, against the child; or g. causes to be sold, transferred, distributed, or given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act in violation of Article IV of the Illinois Controlled Substances Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription. A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. "Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care; or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of The School Code, as amended. "Child Protective Service Unit" means certain specialized State employees of the Department assigned by the Director to perform the duties and responsibilities as provided under Section 7.2 of this Act. "Person responsible for the child's welfare" means the child's parent; guardian; foster parent; relative caregiver; any person responsible for the child's welfare in a public or private residential agency or institution; any person responsible for the child's welfare
[May 8, 2001] 40 within a public or private profit or not for profit child care facility; or any other person responsible for the child's welfare at the time of the alleged abuse or neglect, or any person who came to know the child through an official capacity or position of trust, including but not limited to health care professionals, educational personnel, recreational supervisors, and volunteers or support personnel in any setting where children may be subject to abuse or neglect. "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; but such place shall not be a jail or other place for the detention of criminal or juvenile offenders. "An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible evidence of abuse or neglect exists. "An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged abuse or neglect exists. "An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department. "Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of this Act and his or her parent, guardian or other person responsible who is also named in the report. "Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse or neglect. (Source: P.A. 90-239, eff. 7-28-97; 90-684, eff. 7-31-98; 91-802, eff. 1-1-01.) Section 95. The Juvenile Court Act of 1987 is amended by changing Section 2-3 as follows: (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) Sec. 2-3. Neglected or abused minor. (1) Those who are neglected include: (a) any minor under 18 years of age who is not receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter, or who is abandoned by his or her parents or other person responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or other person responsible for the minor's welfare has left the minor in the care of an adult relative for any period of time; or (b) any minor under 18 years of age whose environment is injurious to his or her welfare; or (c) any newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the mother or the newborn infant; or (d) any minor under the age of 14 years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Whether the minor was left without regard for the mental or physical health, safety, or welfare of that minor or the period of time was unreasonable shall be determined by considering the following factors, including but not limited to: (1) the age of the minor;
41 [May 8, 2001] (2) the number of minors left at the location; (3) special needs of the minor, including whether the minor is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications; (4) the duration of time in which the minor was left without supervision; (5) the condition and location of the place where the minor was left without supervision; (6) the time of day or night when the minor was left without supervision; (7) the weather conditions, including whether the minor was left in a location with adequate protection from the natural elements such as adequate heat or light; (8) the location of the parent or guardian at the time the minor was left without supervision, the physical distance the minor was from the parent or guardian at the time the minor was without supervision; (9) whether the minor's movement was restricted, or the minor was otherwise locked within a room or other structure; (10) whether the minor was given a phone number of a person or location to call in the event of an emergency and whether the minor was capable of making an emergency call; (11) whether there was food and other provision left for the minor; (12) whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor; (13) the age and physical and mental capabilities of the person or persons who provided supervision for the minor; (14) whether the minor was left under the supervision of another person; (15) any other factor that would endanger the health and safety of that particular minor. A minor shall not be considered neglected for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. (2) Those who are abused include any minor under 18 years of age whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent: (i) inflicts, causes to be inflicted, or allows to be inflicted upon such minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (ii) creates a substantial risk of physical injury to such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function; (iii) commits or allows to be committed any sex offense against such minor, as such sex offenses are defined in the Criminal Code of 1961, as amended, and extending those definitions of sex offenses to include minors under 18 years of age; (iv) commits or allows to be committed an act or acts of torture upon such minor; or (v) inflicts excessive corporal punishment. A minor shall not be considered abused for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. (3) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for himself, his parents, guardian or custodian. (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.) Section 96. The Criminal Code of 1961 is amended by changing
[May 8, 2001] 42 Sections 12-21.5 and 12-21.6 as follows: (720 ILCS 5/12-21.5) Sec. 12-21.5. Child Abandonment. (a) A person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act. (b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors: (1) the age of the child; (2) the number of children left at the location; (3) special needs of the child, including whether the child is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications; (4) the duration of time in which the child was left without supervision; (5) the condition and location of the place where the child was left without supervision; (6) the time of day or night when the child was left without supervision; (7) the weather conditions, including whether the child was left in a location with adequate protection from the natural elements such as adequate heat or light; (8) the location of the parent, guardian, or other person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision; (9) whether the child's movement was restricted, or the child was otherwise locked within a room or other structure; (10) whether the child was given a phone number of a person or location to call in the event of an emergency and whether the child was capable of making an emergency call; (11) whether there was food and other provision left for the child; (12) whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child; (13) the age and physical and mental capabilities of the person or persons who provided supervision for the child; (14) any other factor that would endanger the health or safety of that particular child; (15) whether the child was left under the supervision of another person. (d) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony. (Source: P.A. 88-479.) (720 ILCS 5/12-21.6) Sec. 12-21.6. Endangering the life or health of a child. (a) It is unlawful for any person to willfully cause or permit the life or health of a child under the age of 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health, except that it is not unlawful for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. (b) A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A
43 [May 8, 2001] violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. (Source: P.A. 90-687, eff. 7-31-98.) Section 96.5. The Neglected Children Offense Act is amended by changing Section 2 as follows: (720 ILCS 130/2) (from Ch. 23, par. 2361) Sec. 2. Any parent, legal guardian or person having the custody of a child under the age of 18 years, who knowingly or wilfully causes, aids or encourages such person to be or to become a dependent and neglected child as defined in section 1, who knowingly or wilfully does acts which directly tend to render any such child so dependent and neglected, or who knowingly or wilfully fails to do that which will directly tend to prevent such state of dependency and neglect is guilty of the Class A misdemeanor of contributing to the dependency and neglect of children, except that a person who relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act is not guilty of that misdemeanor. Instead of imposing the punishment hereinbefore provided, the court may release the defendant from custody on probation for one year upon his or her entering into recognizance with or without surety in such sum as the court directs. The conditions of the recognizance shall be such that if the defendant appears personally in court whenever ordered to do so within the year and provides and cares for such neglected and dependent child in such manner as to prevent a continuance or repetition of such state of dependency and neglect or as otherwise may be directed by the court then the recognizance shall be void, otherwise it shall be of full force and effect. If the court is satisfied by information and due proof under oath that at any time during the year the defendant has violated the terms of such order it may forthwith revoke the order and sentence him or her under the original conviction. Unless so sentenced, the defendant shall at the end of the year be discharged. In case of forfeiture on the recognizance the sum recovered thereon may in the discretion of the court be paid in whole or in part to someone designated by the court for the support of such dependent and neglected child. (Source: P.A. 77-2350.) Section 97. The Adoption Act is amended by changing Section 1 as follows: (750 ILCS 50/1) (from Ch. 40, par. 1501) Sec. 1. Definitions. When used in this Act, unless the context otherwise requires: A. "Child" means a person under legal age subject to adoption under this Act. B. "Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood or marriage: parent, grand-parent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, or cousin of first degree. A child whose parent has executed a final irrevocable consent to adoption or a final irrevocable surrender for purposes of adoption, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless the consent is determined to be void or is void pursuant to subsection O of Section 10. C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency. D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act: (a) Abandonment of the child. (a-1) Abandonment of a newborn infant in a hospital. (a-2) Abandonment of a newborn infant in any setting where
[May 8, 2001] 44 the evidence suggests that the parent intended to relinquish his or her parental rights. (b) Failure to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare. (c) Desertion of the child for more than 3 months next preceding the commencement of the Adoption proceeding. (d) Substantial neglect of the child if continuous or repeated. (d-1) Substantial neglect, if continuous or repeated, of any child residing in the household which resulted in the death of that child. (e) Extreme or repeated cruelty to the child. (f) Two or more findings of physical abuse to any children under Section 4-8 of the Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence; a criminal conviction or a finding of not guilty by reason of insanity resulting from the death of any child by physical child abuse; or a finding of physical child abuse resulting from the death of any child under Section 4-8 of the Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987. (g) Failure to protect the child from conditions within his environment injurious to the child's welfare. (h) Other neglect of, or misconduct toward the child; provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any previous finding, order or judgment affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987. (i) Depravity. Conviction of any one of the following crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder in violation of paragraph 1 or 2 of subsection (a) of Section 9-1 of the Criminal Code of 1961 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Code of 1961 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961; (3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the Criminal Code of 1961; (4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961; or (5) aggravated criminal sexual assault in violation of Section 12-14(b)(1) of the Criminal Code of 1961. There is a rebuttable presumption that a parent is depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other state, or under federal law, or the criminal laws of any United States territory; and at least one of these convictions took place within 5 years of the filing of the petition or motion seeking termination of parental rights. There is a rebuttable presumption that a parent is depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 within 10 years of the filing date of the petition or motion to terminate parental rights. (j) Open and notorious adultery or fornication. (j-1) (Blank). (k) Habitual drunkenness or addiction to drugs, other than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding. There is a rebuttable presumption that a parent is unfit under
45 [May 8, 2001] this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or the newborn infant; and the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987. (l) Failure to demonstrate a reasonable degree of interest, concern or responsibility as to the welfare of a new born child during the first 30 days after its birth. (m) Failure by a parent (i) to make reasonable efforts to correct the conditions that were the basis for the removal of the child from the parent, or (ii) to make reasonable progress toward the return of the child to the parent within 9 months after an adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act, or (iii) to make reasonable progress toward the return of the child to the parent during any 9-month period after the end of the initial 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act. If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes (I) the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care within 9 months after the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987 and (II) the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period after the end of the initial 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987. (m-1) Pursuant to the Juvenile Court Act of 1987, a child has been in foster care for 15 months out of any 22 month period which begins on or after the effective date of this amendatory Act of 1998 unless the child's parent can prove by a preponderance of the evidence that it is more likely than not that it will be in the best interests of the child to be returned to the parent within 6 months of the date on which a petition for termination of parental rights is filed under the Juvenile Court Act of 1987. The 15 month time limit is tolled during any period for which there is a court finding that the appointed custodian or guardian failed to make reasonable efforts to reunify the child with his or her family, provided that (i) the finding of no reasonable efforts is made within 60 days of the period when reasonable efforts were not made or (ii) the parent filed a motion requesting a finding of no reasonable efforts within 60 days of the period when reasonable efforts were not made. For purposes of this subdivision (m-1), the date of entering foster care is the earlier of: (i) the date of a judicial finding at an adjudicatory hearing that the child is an abused, neglected, or dependent minor; or (ii) 60 days after the date on which the child is removed from his or her parent, guardian, or legal custodian. (n) Evidence of intent to forgo his or her parental rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court
[May 8, 2001] 46 order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984 or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother. Contact or communication by a parent with his or her child that does not demonstrate affection and concern does not constitute reasonable contact and planning under subdivision (n). In the absence of evidence to the contrary, the ability to visit, communicate, maintain contact, pay expenses and plan for the future shall be presumed. The subjective intent of the parent, whether expressed or otherwise, unsupported by evidence of the foregoing parental acts manifesting that intent, shall not preclude a determination that the parent has intended to forgo his or her parental rights. In making this determination, the court may consider but shall not require a showing of diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n). It shall be an affirmative defense to any allegation under paragraph (2) of this subsection that the father's failure was due to circumstances beyond his control or to impediments created by the mother or any other person having legal custody. Proof of that fact need only be by a preponderance of the evidence. (o) Repeated or continuous failure by the parents, although physically and financially able, to provide the child with adequate food, clothing, or shelter. (p) Inability to discharge parental responsibilities supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or mental retardation as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period. However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to determine mental illness or mental impairment. (q) The parent has been criminally convicted of aggravated battery, heinous battery, or attempted murder of any child. (r) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated as a result of criminal conviction at the time the petition or motion for termination of parental rights is filed, prior to incarceration the parent had little or no contact with the child or provided little or no support for the child, and the parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in excess of 2 years after the filing of the petition or motion for termination of parental rights. (s) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of
47 [May 8, 2001] parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging his or her parental responsibilities for the child. (t) A finding that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant was the result of medical treatment administered to the mother or the newborn infant, and that the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation program. E. "Parent" means the father or mother of a legitimate or illegitimate child. For the purpose of this Act, a person who has executed a final and irrevocable consent to adoption or a final and irrevocable surrender for purposes of adoption, or whose parental rights have been terminated by a court, is not a parent of the child who was the subject of the consent or surrender, unless the consent is void pursuant to subsection O of Section 10. F. A person is available for adoption when the person is: (a) a child who has been surrendered for adoption to an agency and to whose adoption the agency has thereafter consented; (b) a child to whose adoption a person authorized by law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act; (c) a child who is in the custody of persons who intend to adopt him through placement made by his parents; (c-1) a child for whom a parent has signed a specific consent pursuant to subsection O of Section 10; or (d) an adult who meets the conditions set forth in Section 3 of this Act; or. (e) a child who has been relinquished as defined in Section 10 of the Abandoned Newborn Infant Protection Act. A person who would otherwise be available for adoption shall not be deemed unavailable for adoption solely by reason of his or her death. G. The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the context of this Act may require. H. "Adoption disruption" occurs when an adoptive placement does not prove successful and it becomes necessary for the child to be removed from placement before the adoption is finalized. I. "Foreign placing agency" is an agency or individual operating in a country or territory outside the United States that is authorized by its country to place children for adoption either directly with families in the United States or through United States based international agencies. J. "Immediate relatives" means the biological parents, the parents of the biological parents and siblings of the biological parents. K. "Intercountry adoption" is a process by which a child from a country other than the United States is adopted. L. "Intercountry Adoption Coordinator" is a staff person of the Department of Children and Family Services appointed by the Director to coordinate the provision of services by the public and private sector to prospective parents of foreign-born children. M. "Interstate Compact on the Placement of Children" is a law enacted by most states for the purpose of establishing uniform procedures for handling the interstate placement of children in foster homes, adoptive homes, or other child care facilities. N. "Non-Compact state" means a state that has not enacted the Interstate Compact on the Placement of Children.
[May 8, 2001] 48 O. "Preadoption requirements" are any conditions established by the laws or regulations of the Federal Government or of each state that must be met prior to the placement of a child in an adoptive home. P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent: (a) inflicts, causes to be inflicted, or allows to be inflicted upon the child physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (b) creates a substantial risk of physical injury to the child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (c) commits or allows to be committed any sex offense against the child, as sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children under 18 years of age; (d) commits or allows to be committed an act or acts of torture upon the child; or (e) inflicts excessive corporal punishment. Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare. A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected Child Reporting Act. R. "Putative father" means a man who may be a child's father, but who (1) is not married to the child's mother on or before the date that the child was or is to be born and (2) has not established paternity of the child in a court proceeding before the filing of a petition for the adoption of the child. The term includes a male who is less than 18 years of age. "Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961. S. "Standby adoption" means an adoption in which a terminally ill parent consents to custody and termination of parental rights to become effective upon the occurrence of a future event, which is either the death of the terminally ill parent or the request of the parent for the entry of a final judgment of adoption. T. "Terminally ill parent" means a person who has a medical prognosis by a physician licensed to practice medicine in all of its branches that the person has an incurable and irreversible condition which will lead to death. (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00; revised 8-31-99.) Section 999. Effective date. This Act takes effect upon becoming law.". 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.
49 [May 8, 2001] SENATE BILL 252. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Labor, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 252 AMENDMENT NO. 1. Amend Senate Bill 252 by replacing everything after the enacting clause with the following: "Section 5. The Unemployment Insurance Act is amended by adding Section 232.2 as follows: (820 ILCS 405/232.2 new) Sec. 232.2. Students; organized camps. A. The term "employment" does not include service performed by a full-time student in the employ of an organized camp if: 1. the camp: (a) did not operate for more than 7 months in the calendar year and did not operate for more than 7 months in the preceding calendar year; or (b) had average gross receipts for any 6 months in the preceding calendar year which were not more than 33 1/3% of its average gross receipts for the other 6 months in the preceding calendar year; and 2. the full-time student performs services in the employ of the camp for less than 13 calendar weeks in the calendar year. B. For the purposes of this Section, an individual shall be treated as a full-time student for any period: 1. during which the individual is enrolled as a full-time student at an educational institution; or 2. which is between academic years or terms if: (a) the individual was enrolled as a full-time student at an educational institution for the immediately preceding academic year or term; and (b) there is a reasonable assurance that the individual will be so enrolled for the immediately succeeding academic year or term after the period described in clause (a) of this subdivision 2.". 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 382. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 382 AMENDMENT NO. 1. Amend Senate Bill 382, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Hospital Licensing Act is amended by changing Section 6.08 as follows: (210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08) Sec. 6.08. (a) Every hospital shall provide notification as required in this Section to police officers, firefighters, emergency medical technicians, paramedics and ambulance personnel who have provided or are about to provide emergency care or life support services to a patient who has been diagnosed as having a dangerous communicable or infectious disease. Such notification shall not include the name of the patient, and the emergency services provider agency and any person receiving such notification shall treat the information received as a confidential medical record. (b) The Department shall establish by regulation a list of those
[May 8, 2001] 50 communicable reportable diseases and conditions for which notification shall be provided. (c) The hospital shall send the letter of notification within 72 hours after a confirmed diagnosis of any of the communicable diseases listed by the Department pursuant to subsection (b), except confirmed diagnoses of Acquired Immunodeficiency Syndrome (AIDS). If there is a confirmed diagnosis of AIDS, the hospital shall send the letter of notification only if the police officers, firefighters, emergency medical technicians, paramedics or ambulance personnel have indicated on the ambulance run sheet that a reasonable possibility exists that they have had blood or body fluid contact with the patient, or if hospital personnel providing the notification have reason to know of a possible exposure. (d) Notification letters shall be sent to the designated contact at the municipal or private provider agencies listed on the ambulance run sheet. Except in municipalities with a population over 1,000,000, a list attached to the ambulance run sheet must contain all municipal and private provider agency personnel who have provided any pre-hospital care immediately prior to transport. In municipalities with a population over 1,000,000, the ambulance run sheet must contain the company number or unit designation number for any fire department personnel who have provided any pre-hospital care immediately prior to transport. The letter shall state the names of crew members listed on the attachment to the ambulance run sheet and the name of the communicable disease diagnosed, but shall not contain the patient's name. Upon receipt of such notification letter, the applicable private provider agency or the designated infectious disease control officer of a municipal fire department or fire protection district shall contact all personnel involved in the pre-hospital or inter-hospital care and transport of the patient. Such notification letter may, but is not required to, consist of the following form: NOTIFICATION LETTER (NAME OF HOSPITAL) (ADDRESS) TO:...... (Name of Organization) FROM:.....(Infection Control Coordinator) DATE:..... As required by Section 6.08 of the Illinois Hospital Licensing Act, .....(name of hospital) is hereby providing notification that the following crew members or agencies transported or provided pre-hospital care to a patient on ..... (date), and the transported a patient who was later diagnosed as having .....(name of communicable disease): .....(list of crew members). The Hospital Licensing Act requires you to maintain this information as a confidential medical record. Disclosure of this information may therefore result in civil liability for the individual or company breaching the patient's confidentiality, or both. If you have any questions regarding this patient, please contact me at .....(telephone number), between .....(hours). Questions regarding exposure or the financial aspects of obtaining medical care should be directed to your employer. (e) Upon discharge of a patient with a communicable disease to emergency personnel, the hospital shall notify the emergency personnel of appropriate precautions against the communicable disease, but shall not identify the name of the disease. (f) The hospital may, in its discretion, take any measures in addition to those required in this Section to notify police officers, firefighters, emergency medical technicians, paramedics and ambulance personnel of possible exposure to any communicable disease. However, in all cases this information shall be maintained as a confidential medical record. (g) Any person providing or failing to provide notification under the protocol required by this Section shall have immunity from any liability, either criminal or civil, that might result by reason of such action or inaction, unless such action or inaction is willful. (h) Any person who willfully fails to provide any notification
51 [May 8, 2001] required pursuant to an applicable protocol which has been adopted and approved pursuant to this Section commits a petty offense, and shall be subject to a fine of $200 for the first offense, and $500 for a second or subsequent offense. (i) Nothing in this Section shall preclude a civil action by a firefighter, emergency medical technician, paramedic or ambulance crew member against an emergency services provider agency, municipal fire department, or fire protection district that which fails to inform the member such crew member in a timely fashion of the receipt of a notification letter. (Source: P.A. 86-820; 86-887.)". 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 396. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 396 AMENDMENT NO. 1. Amend Senate Bill 396, on page 1, line 1, by deleting "guide"; and on page 1, below line 3, by inserting the following: "Section 3. The Animal Welfare Act is amended by changing Sections 2 and 3 and adding Section 6.6 as follows: (225 ILCS 605/2) (from Ch. 8, par. 302) Sec. 2. Definitions. As used in this Act unless the context otherwise requires: "Department" means the Illinois Department of Agriculture. "Director" means the Director of the Illinois Department of Agriculture. "Pet shop operator" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this State. However, a person who sells only such animals that he has produced and raised shall not be considered a pet shop operator under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 1994 shall not be considered a pet shop operator under this Act. "Dog dealer" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 1994 shall not be considered a dog dealer under this Act. "Secretary of Agriculture" or "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture. "Person" means any person, firm, corporation, partnership, association or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State. "Kennel operator" means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, offers to sell, exchange, or offers for adoption with or without charge dogs or dogs and cats which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a kennel operator.
[May 8, 2001] 52 "Cattery operator" means any person who operates an establishment, other than an animal control facility or animal shelter, where cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, offers to sell, exchange, or offers for adoption with or without charges cats which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cattery operator. "Animal control facility" means any facility operated by or under contract for the State, county, or any municipal corporation or political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals. "Animal control facility" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 1994 which operates for the above mentioned purpose in addition to its customary purposes. "Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. "Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 1994 which operates for the above mentioned purpose in addition to its customary purposes. "Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter, not to exceed 4 animals at any given time. Permits to operate as a "foster home" shall be issued through the animal shelter. "Guard dog service" means an entity that, for a fee, furnishes or leases guard or sentry dogs for the protection of life or property. A person is not a guard dog service solely because he or she owns a dog and uses it to guard his or her home, business, or farmland. "Guard dog" means a type of dog used primarily for the purpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm. "Guard dog" does not include stock dogs used primarily for handling and controlling livestock or farm animals, nor does it include personally owned pets that also provide security. "Sentry dog" means a dog trained to work without supervision in a fenced facility other than a farm, and to deter or detain unauthorized persons found within the facility. "Dog day care facility" means a facility that regularly provides day care for less than 24 hours per day for dogs for a fee or compensation. (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.) (225 ILCS 605/3) (from Ch. 8, par. 303) Sec. 3. No person shall engage in business as a pet shop operator, dog dealer, kennel operator, cattery operator, or operate a guard dog service, an animal control facility or animal shelter or any combination thereof, in this State without a license therefor issued by the Department. Beginning January 1, 2002, no person shall operate a dog day care facility without a license issued by the Department. Only one license shall be required for any combination of businesses at one location, except that a separate license shall be required to operate a guard dog service or, beginning January 1, 2002, a dog day care facility. Guard dog services that are located outside this State but provide services within this State are required to obtain a license from the Department. Out-of-state guard dog services are required to comply with the requirements of this Act with regard to guard dogs and sentry dogs transported to or used within this State. (Source: P.A. 89-178, eff. 7-19-95.) (225 ILCS 605/6.6 new) Sec. 6.6. Dog day care facilities. (a) The Department may promulgate rules regulating dog day care facilities. Rules regarding the maximum number of dogs that a dog day
53 [May 8, 2001] care facility may accept shall be based on the size of the facility and the number of attendants and shall take into consideration the health and welfare of the animals involved. The Department shall promulgate rules to develop sanitary standards for facilities. (b) A dog enrolled in a dog day care facility may be commingled with other dogs if the owner of the dog provides a certificate of health and proof of vaccination against distemper, rabies, the parvo virus, and other communicable diseases, parasites, or viruses as specified by rule of the Department. (c) The vaccination records of a dog enrolled in a dog day care facility must be current and in compliance with all vaccination requirements of law for the boarding of dogs. (d) The owner or operator of a dog day care facility must have knowledge of each animal's disposition and special temperaments. The owner or operator shall have knowledge of the animal's usual diet. The owner of the animal, however, has the responsibility of providing the dog day care facility with food for the animal. (e) Nothing in this Section shall prevent a unit of local government from requiring a dog day care facility from obtaining a proper land use permit before commencing operations. (f) Nothing in this Section shall interfere with a person's ability to bring a common law nuisance claim against a dog day care facility. (g) The Department is not liable for injury that occurs while on the premises of a dog day care facility."; and on page 2, below line 21, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". 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 461. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 461 AMENDMENT NO. 1. Amend Senate Bill 461 by replacing everything after the enacting clause with the following: "Section 5. The Early Intervention Services System Act is amended by changing Sections 3, 4, 5, 11, 13, and 15 and adding Sections 13.5, 13.10, 13.15, 13.20, 13.25, 13.30, 13.32, and 13.50 as follows: (325 ILCS 20/3) (from Ch. 23, par. 4153) Sec. 3. Definitions. As used in this Act: (a) "Eligible infants and toddlers" means infants and toddlers under 36 months of age with any of the following conditions: (1) Developmental delays as defined by the Department by rule. (2) A physical or mental condition which typically results in developmental delay. (3) Being at risk of having substantial developmental delays based on informed clinical judgment. (4) Having entered the program under any of the circumstances listed in paragraphs (1) through (3) of this subsection, and continuing to have any measurable delay; or not having attained a level of development in each area, including (i) cognitive, (ii) physical (including vision and hearing), (iii) language, speech, and communication, (iv) psycho-social, or (v) self-help skills, that is at least at the mean of the child's age equivalent peers; or having been determined by the multidisciplinary individualized family service plan team to continue to require or to be likely to benefit from the continuation of early intervention services.
[May 8, 2001] 54 (b) "Developmental delay" means a delay in one or more of the following areas of childhood development as measured by appropriate diagnostic instruments and standard procedures: cognitive; physical, including vision and hearing; language, speech and communication; psycho-social; or self-help skills. (c) "Physical or mental condition which typically results in developmental delay" means: (1) a diagnosed medical disorder bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities; or (2) a history of prenatal, perinatal, neonatal or early developmental events suggestive of biological insults to the developing central nervous system and which either singly or collectively increase the probability of developing a disability or delay based on a medical history. (d) "Informed clinical judgment" means both clinical observations and parental participation to determine eligibility by a consensus of a multidisciplinary team of 2 or more members based on their professional experience and expertise. (e) "Early intervention services" means services which: (1) are designed to meet the developmental needs of each child eligible under this Act and the needs of his or her family; (2) are selected in collaboration with the child's family; (3) are provided under public supervision; (4) are provided at no cost except where a schedule of sliding scale fees or other system of payments by families has been adopted in accordance with State and federal law; (5) are designed to meet an infant's or toddler's developmental needs in any of the following areas: (A) physical development, including vision and hearing, (B) cognitive development, (C) communication development, (D) social or emotional development, or (E) adaptive development; (6) meet the standards of the State, including the requirements of this Act; (7) include one or more of the following: (A) family training, (B) social work services, including counseling, and home visits, (C) special instruction, (D) speech, language pathology and audiology, (E) occupational therapy, (F) physical therapy, (G) psychological services, (H) service coordination services, (I) medical services only for diagnostic or evaluation purposes, (J) early identification, screening, and assessment services, (K) health services specified by the lead agency as necessary to enable the infant or toddler to benefit from the other early intervention services, (L) vision services, (M) transportation, and (N) assistive technology devices and services; (8) are provided by qualified personnel, including but not limited to: (A) child development specialists or special educators, (B) speech and language pathologists and audiologists, (C) occupational therapists, (D) physical therapists, (E) social workers, (F) nurses, (G) nutritionists, (H) optometrists,
55 [May 8, 2001] (I) psychologists, and (J) physicians; (9) are provided in conformity with an Individualized Family Service Plan; (10) are provided throughout the year; and (11) are provided in natural environments, including the home and community settings in which infants and toddlers without disabilities would participate to the extent determined by the multidisciplinary Individualized Family Service Plan. (f) "Individualized Family Service Plan" or "Plan" means a written plan for providing early intervention services to a child eligible under this Act and the child's family, as set forth in Section 11. (g) "Local interagency agreement" means an agreement entered into by local community and State and regional agencies receiving early intervention funds directly from the State and made in accordance with State interagency agreements providing for the delivery of early intervention services within a local community area. (h) "Council" means the Illinois Interagency Council on Early Intervention established under Section 4. (i) "Lead agency" means the State agency responsible for administering this Act and receiving and disbursing public funds received in accordance with State and federal law and rules. (i-5) "Central billing office" means the central billing office created by the lead agency under Section 13. (j) "Child find" means a service which identifies eligible infants and toddlers. (Source: P.A. 90-158, eff. 1-1-98; 91-538, eff. 8-13-99.) (325 ILCS 20/4) (from Ch. 23, par. 4154) Sec. 4. Illinois Interagency Council on Early Intervention. (a) There is established the Illinois Interagency Council on Early Intervention. The Council shall be composed of at least 15 but not more than 25 members. The members of the Council and the designated chairperson of the Council shall be appointed by the Governor. The Council member representing the lead agency may not serve as chairperson of the Council. The Council shall be composed of the following members: (1) The Secretary of Human Services (or his or her designee) and 2 additional representatives of the Department of Human Services designated by the Secretary, plus the Directors (or their designees) of the following State agencies involved in the provision of or payment for early intervention services to eligible infants and toddlers and their families: (A) Illinois State Board of Education; (B) (Blank); (C) (Blank); (D) Illinois Department of Children and Family Services; (E) University of Illinois Division of Specialized Care for Children; (F) Illinois Department of Public Aid; (G) Illinois Department of Public Health; (H) (Blank); (I) Illinois Planning Council on Developmental Disabilities; and (J) Illinois Department of Insurance. (2) Other members as follows: (A) At least 20% of the members of the Council shall be parents, including minority parents, of infants or toddlers with disabilities or children with disabilities aged 12 or younger, with knowledge of, or experience with, programs for infants and toddlers with disabilities. At least one such member shall be a parent of an infant or toddler with a disability or a child with a disability aged 6 or younger; (B) At least 20% of the members of the Council shall be public or private providers of early intervention services; (C) One member shall be a representative of the General Assembly; and
[May 8, 2001] 56 (D) One member shall be involved in the preparation of professional personnel to serve infants and toddlers similar to those eligible for services under this Act. The Council shall meet at least quarterly and in such places as it deems necessary. Terms of the initial members appointed under paragraph (2) shall be determined by lot at the first Council meeting as follows: of the persons appointed under subparagraphs (A) and (B), one-third shall serve one year terms, one-third shall serve 2 year terms, and one-third shall serve 3 year terms; and of the persons appointed under subparagraphs (C) and (D), one shall serve a 2 year term and one shall serve a 3 year term. Thereafter, successors appointed under paragraph (2) shall serve 3 year terms. Once appointed, members shall continue to serve until their successors are appointed. No member shall be appointed to serve more than 2 consecutive terms. Council members shall serve without compensation but shall be reimbursed for reasonable costs incurred in the performance of their duties, including costs related to child care, and parents may be paid a stipend in accordance with applicable requirements. The Council shall prepare and approve a budget using funds appropriated for the purpose to hire staff, and obtain the services of such professional, technical, and clerical personnel as may be necessary to carry out its functions under this Act. This funding support and staff shall be directed by the lead agency. (b) The Council shall: (1) advise and assist the lead agency in the performance of its responsibilities including but not limited to the identification of sources of fiscal and other support services for early intervention programs, and the promotion of interagency agreements which assign financial responsibility to the appropriate agencies; (2) advise and assist the lead agency in the preparation of applications and amendments to applications; (3) review and advise on relevant regulations and standards proposed by the related State agencies; (4) advise and assist the lead agency in the development, implementation and evaluation of the comprehensive early intervention services system; and (5) prepare and submit an annual report to the Governor and to the General Assembly on the status of early intervention programs for eligible infants and toddlers and their families in Illinois. The report shall be provided to the Governor and to the General Assembly, and shall be posted on the lead agency's early intervention website along with the annual report of each of the previous 3 years. The annual report shall include, in addition to each element required to be provided by the Secretary of the U.S. Department of Education, the following: (i) the estimated number of eligible infants and toddlers in this State, and the basis and assumptions underlying that estimate; (ii) the number of children, by month and region, on waiting lists for a completed individualized family service plan for more than 45 days, and the number of children, by month and by region, on waiting lists for any of the early intervention services required under the plan; (iii) the number of eligible infants and toddlers who have received early intervention services each month and in total during the year, in each region, broken down by age in 12-month increments (for example, birth-to-one), by the basis of program eligibility (diagnosed physical or mental condition which typically results in developmental delay, developmental delay in 10% increments, and at-risk of developmental delay), by race, by income (below 135% of the federal poverty line, at least 135% but not more than 185% of the federal poverty line, more than 185% but not more than 200% of the federal poverty line, and more than 200% of the federal poverty line), by health insurance status and type of insurance (none, private, or Medicaid/KidCare); (iv) the expenditures made per individualized family service plan by region; (v) the number of
57 [May 8, 2001] individualized family service plan expenditures in $1000 increments, by region and by month; (vi) the federal funds recovered for early intervention services under Medicaid and KidCare by type of early intervention service, by month and by region; (vii) the amount of early intervention expenditures offset by private insurance billings, by type of early intervention service, by month, and by region; (viii) the number of early intervention children also enrolled in the Division of Specialized Care for Children's (DSCC) Title V maternal and child health services program, and the amount of early intervention expenditures offset by DSCC billings, by type of early intervention service, by month, and by region; (ix) the amount of family fees collected, by month and by region; and (x) program outcome data that shows the level of developmental delay upon program entry and upon program exit, the number of children transitioning to Part B services, and the number of children who reach age equivalence (plus or minus 10%) in one or more areas of development. The report shall also include a summary of the monthly managers' reports submitted by each of the regional intake entities. The annual report shall include (i) the estimated number of eligible infants and toddlers in this State, (ii) the number of eligible infants and toddlers who have received services under this Act and the cost of providing those services, and (iii) the estimated cost of providing services under this Act to all eligible infants and toddlers in this State. No member of the Council shall cast a vote on or participate substantially in any matter which would provide a direct financial benefit to that member or otherwise give the appearance of a conflict of interest under State law. All provisions and reporting requirements of the Illinois Governmental Ethics Act shall apply to Council members. (Source: P.A. 91-357; eff. 7-29-99.) (325 ILCS 20/5) (from Ch. 23, par. 4155) Sec. 5. Lead Agency. The Department of Human Services is designated the lead agency and shall provide leadership in establishing and implementing the coordinated, comprehensive, interagency and interdisciplinary system of early intervention services. The lead agency shall not have the sole responsibility for providing these services. Each participating State agency shall continue to coordinate those early intervention services relating to health, social service and education provided under this authority. The lead agency is responsible for carrying out: (a) the general administration, supervision, and monitoring of programs and activities receiving assistance under Section 673 of the Individuals with Disabilities Education Act (20 United States Code 1473); (b) the identification and coordination of all available resources within the State from federal, State, local and private sources; (c) the development of procedures to ensure that services are provided to eligible infants and toddlers and their families in a timely manner pending the resolution of any disputes among public agencies or service providers; (d) the resolution of intra-agency and interagency regulatory and procedural disputes; and (e) the development and implementation of formal interagency agreements between the lead agency and (i) the Department of Public Aid, (ii) the University of Illinois Division of Specialized Care for Children, and (iii) other relevant State agencies that: (1) define the financial responsibility of each agency for paying for early intervention services (consistent with existing State and federal law and rules, including the requirement that early intervention funds be used as the payor of last resort), a hierarchical order of payment as among the agencies for early intervention services that are covered under or may be paid by programs in other agencies, and procedures for direct billing, collecting reimbursements for payments made, and resolving service and payment disputes; and
[May 8, 2001] 58 (2) include all additional components necessary to ensure meaningful cooperation and coordination; and. (3) are reviewed and revised to implement the purposes of this amendatory Act of the 92nd General Assembly and signed by the relevant agency directors no later than 60 days after the effective date of this amendatory Act of the 92nd General Assembly. (Source: P.A. 90-158, eff. 1-1-98.) (325 ILCS 20/11) (from Ch. 23, par. 4161) Sec. 11. Individualized Family Service Plans. (a) Each eligible infant or toddler and that infant's or toddler's family shall receive: (1) (a) timely, comprehensive, multidisciplinary assessment of the unique needs of each eligible infant and toddler, and assessment of the concerns and priorities of the families to appropriately assist them in meeting their needs and identify services to meet those needs; and (2) (b) a written Individualized Family Service Plan developed by a multidisciplinary team which includes the parent or guardian. The individualized family service plan shall be developed and periodically reviewed with the guidance of best practice standards or service guidelines, and may be reviewed during the course of development or thereafter by experts in the relevant disciplines, but such standards, guidelines, and reviews shall not be binding on the multidisciplinary team that includes the parent of the child and develops the individualized family services plan. The lead agency may establish review panels to guide the individualized family services plan development and implementation process. To give the greatest attention to those plans that fall outside the mean, these panels shall focus their reviews on plans that call for services that are among the highest 15% in cost in the region or State, and those that call for services that are among the lowest 15% in cost in the region or State. (b) The Individualized Family Service Plan shall be evaluated once a year and the family shall be provided a review of the Plan at 6 month intervals or more often where appropriate based on infant or toddler and family needs. (c) The evaluation and initial assessment and initial Plan meeting must be held within 45 days after the initial contact with the early intervention services system. With parental consent, early intervention services may commence before the completion of the comprehensive assessment and development of the Plan. (d) Parents must be informed that, at their discretion, early intervention services shall be provided to each eligible infant and toddler in the natural environment, which may include the home or other community settings. Parents shall make the final decision to accept or decline early intervention services. A decision to decline such services shall not be a basis for administrative determination of parental fitness, or other findings or sanctions against the parents. Parameters of the Plan shall be set forth in rules. (e) The regional intake offices shall explain to each family, orally and in writing, all of the following: (1) That the early intervention program will pay for all early intervention services set forth in the individualized family service plan that are not covered or paid under the family's public or private insurance plan or policy and not eligible for payment through any other third party payor. (2) That services will not be delayed due to any rules or restrictions under the family's insurance plan or policy. (3) That the family may request, with appropriate documentation supporting the request, at the regional intake entity, a determination of an exemption from private insurance use under Section 13.25. (4) That responsibility for co-payments or co-insurance under a family's private insurance plan or policy will be transferred to the lead agency's central billing office.
59 [May 8, 2001] (5) That families will be responsible for quarterly payments of family fees, which will be based on a sliding scale according to income, and that these fees are payable to the central billing office, and that if the family encounters a catastrophic circumstance making it unable to pay the fees, the lead agency may, upon proof of inability to pay, waive the fees. (f) The individualized family service plan must state whether the family has private insurance coverage and, if the family has such coverage, must have attached to it a copy of the family's insurance identification card or otherwise include all of the following information: (1) The name, address, and telephone number of the insurance carrier. (2) The contract number and policy number of the insurance plan. (3) The name, address, and social security number of the primary insured. (4) The beginning date of the insurance benefit year. (g) A copy of the individualized family service plan must be provided to each enrolled provider who is providing early intervention services to the child who is the subject of that plan. (Source: P.A. 91-538, eff. 8-13-99.) (325 ILCS 20/13) (from Ch. 23, par. 4163) Sec. 13. Funding and Fiscal Responsibility. (a) The lead agency and every other participating State agency may receive and expend funds appropriated by the General Assembly to implement the early intervention services system as required by this Act. (b) The lead agency and each participating State agency shall identify and report on an annual basis to the Council the State agency funds utilized for the provision of early intervention services to eligible infants and toddlers. (c) Funds provided under Section 633 of the Individuals with Disabilities Education Act (20 United States Code 1433) and State funds designated or appropriated for early intervention services or programs may not be used to satisfy a financial commitment for services which would have been paid for from another public or private source but for the enactment of this Act, except whenever considered necessary to prevent delay in receiving appropriate early intervention services by the eligible infant or toddler or family in a timely manner. Funds provided under Section 633 of the Individuals with Disabilities Education Act and State funds designated or appropriated for early intervention services or programs may be used by the lead agency to pay the provider of services (A) pending reimbursement from the appropriate State agency or (B) if (i) the claim for payment is denied in whole or in part by a public or private source, or would be denied under the terms of the public program or plan or private plan, or (ii) use of private insurance for the service has been exempted under Section 13.25. (d) Nothing in this Act shall be construed to permit the State to reduce medical or other assistance available or to alter eligibility under Title V and Title XIX of the Social Security Act relating to the Maternal Child Health Program and Medicaid for eligible infants and toddlers in this State. (e) The lead agency shall create a central billing office to receive and dispense all relevant State and federal resources, as well as local government or independent resources available, for early intervention services. This office shall assure that maximum federal resources are utilized and that providers receive funds with minimal duplications or interagency reporting and with consolidated audit procedures. (f) The lead agency shall, by rule, may also create a system of payments by families, including a schedule of fees. No fees, however, may be charged for: implementing child find, evaluation and assessment, service coordination, administrative and coordination activities related to the development, review, and evaluation of Individualized
[May 8, 2001] 60 Family Service Plans, or the implementation of procedural safeguards and other administrative components of the statewide early intervention system. The system of payments, called family fees, shall be structured on a sliding scale based on family income. The family's coverage or lack of coverage under a public or private insurance plan or policy shall not be a factor in determining the amount of the family fees. Each family's fee obligation shall be established annually, and shall be paid by families to the central billing office in quarterly installments. At the written request of the family, the fee obligation shall be adjusted at any point during the year upon proof of a change in family income. The inability of the parents of an eligible child to pay family fees due to catastrophic or extraordinary circumstances, as established by rule, shall not result in the denial of services to the child or the child's family. The rules adopted under this paragraph shall establish procedures that ensure that families with documented extraordinary expenses or other catastrophic circumstances are given an opportunity to demonstrate that the family fees should be reduced or forgiven. (g) To ensure that early intervention funds are used as the payor of last resort for early intervention services, the lead agency shall determine at the point of early intervention intake, and again at any periodic review of eligibility thereafter or upon a change in family circumstances, whether the family is eligible for or enrolled in any program for which payment is made directly or through public or private insurance for any or all of the early intervention services made available under this Act. The lead agency shall establish procedures to ensure that payments are made either directly from these public and private sources instead of from State or federal early intervention funds, or as reimbursement for payments previously made from State or federal early intervention funds. (Source: P.A. 91-538, eff. 8-13-99.) (325 ILCS 20/13.5 new) Sec. 13.5. Other programs. (a) When an application or a review of eligibility for early intervention services is made, and at any eligibility redetermination thereafter, the family shall be asked if it is currently enrolled in Medicaid, KidCare, or the Title V program administered by the University of Illinois Division of Specialized Care for Children. If the family is enrolled in any of these programs, that information shall be put on the individualized family service plan and entered into the computerized case management system, and shall require that the individualized family services plan of a child who has been found eligible for services through the Division of Specialized Care for Children state that the child is enrolled in that program. For those programs in which the family is not enrolled, a preliminary eligibility screen shall be conducted simultaneously for (i) medical assistance (Medicaid) under Article V of the Illinois Public Aid Code, (ii) children's health insurance program (KidCare) benefits under the Children's Health Insurance Program Act, and (iii) Title V maternal and child health services provided through the Division of Specialized Care for Children of the University of Illinois. A child enrolled in an early intervention program shall automatically be enrolled in any of these other programs for which the child is also eligible. (b) For purposes of determining family fees under subsection (f) of Section 13 and determining eligibility for the other programs and services specified in items (i) through (iii) of subsection (a), the lead agency shall develop and use, within 60 days after the effective date of this amendatory Act of the 92nd General Assembly, with the cooperation of the Department of Public Aid and the Division of Specialized Care for Children of the University of Illinois, a single application form that provides sufficient information for the early intervention regional intake entities or other agencies to establish eligibility for those other programs and shall, in cooperation with the Illinois Department of Public Aid and the Division of Specialized Care for Children, train the regional intake entities on using the screening
61 [May 8, 2001] device. (c) When a child is determined eligible for and enrolled in the early intervention program and has been found to at least meet the threshold income eligibility requirements for Medicaid or KidCare, the regional intake entity shall complete a KidCare/Medicaid application with the family and forward it to the Illinois Department of Public Aid's KidCare Unit for a determination of eligibility. (d) With the cooperation of the Department of Public Aid, the lead agency shall establish procedures that ensure the timely and maximum allowable recovery of payments for all early intervention services and allowable administrative costs under Article V of the Illinois Public Aid Code and the Children's Health Insurance Program Act and shall include those procedures in the interagency agreement required under subsection (e) of Section 5 of this Act. (e) For the purpose of determining eligibility for benefits and making referrals for final eligibility determinations for medical assistance under Article V of the Illinois Public Aid Code, the lead agency and the Department of Public Aid shall treat the regional intake entities as "qualified entities" within the meaning of 42 U.S.C. 1396r-1a. (f) For purposes of making referrals for final determinations of eligibility for KidCare benefits under the Children's Health Insurance Program Act and for medical assistance under Article V of the Illinois Public Aid Code, the lead agency and the Department of Public Aid shall enroll each early intervention regional intake entity as a "KidCare agent" in order for the entity to complete the KidCare application as authorized under Section 22 of the Children's Health Insurance Program Act. (g) For purposes of early intervention services that may be provided under Title V of the Social Security Act, the lead agency, in conjunction with the Division of Specialized Care for Children (DSCC) of the University of Illinois, shall establish procedures whereby the early intervention regional intake entities may determine whether children enrolled in the early intervention program may also be eligible for those services, and shall develop, within 60 days after the effective date of this amendatory Act of the 92nd General Assembly, (i) the inter-agency agreement required under subsection (e) of Section 5 of this Act, establishing that early intervention funds are to be used as the payor of last resort when services required under an individualized family services plan may be provided to an eligible child through the DSCC, and (ii) training guidelines for the regional intake entities and providers that explain eligibility for care through DSCC, and its billing procedures. Within 24 months after the effective date of this amendatory Act of the 92nd General Assembly, to maintain enrollment as a fully credentialed specialist under this Act, an individual must meet the requirements of DSCC for enrollment within his or her discipline, if DSCC accepts the enrollment of such providers within that discipline, and shall bill DSCC for all early intervention services that are payable under that program that are provided to children who are found eligible under that program. The lead agency shall require that an individual applying for or renewing enrollment as providers of services in the early intervention program state whether or not he or she is also enrolled as a DSCC provider. This information shall be noted next to the name of the provider on the computerized roster of Illinois early intervention providers, and regional intake entities shall make every effort to refer families eligible for DSCC services to these providers. (325 ILCS 20/13.10 new) Sec. 13.10. Private health insurance; assignment. No later than 60 days after the effective date of this amendatory Act of the 92nd General Assembly, the lead agency shall determine, at the point of new applications for early intervention services, and for all children enrolled in the early intervention program, at the regional intake offices, whether the child is insured under a private health insurance plan or policy. An application for early intervention services shall serve as a right to assignment of the right of recovery against a
[May 8, 2001] 62 private health insurance plan or policy for any covered early intervention services that are not required to be provided at State expense and that are provided to a child covered under the plan or policy. (325 ILCS 20/13.15 new) Sec. 13.15. Billing of insurance carrier. (a) Subject to the restrictions against private insurance use on the basis of material risk of loss of coverage, as determined under Section 13.25, each enrolled provider who is providing a family with early intervention services shall bill the child's insurance carrier for each unit of early intervention service that is not required to be provided at public expense under Section 13 of this Act and for which coverage may be available. The lead agency may exempt from the requirement of this paragraph any early intervention service that it has deemed not to be covered by insurance plans in Illinois. When the service is not exempted, providers who receive a denial of payment on the basis that the service is not covered under any circumstance under the plan are not required to bill that carrier for that service again until the following insurance benefit year. That explanation of benefits denying the claim, once submitted to the central billing office, shall be sufficient to meet the requirements of this paragraph as to subsequent services billed under the same billing code provided to that child during that insurance benefit year. Any time limit on a provider's filing of a claim for payment with the central billing office that is imposed through a policy, procedure, or rule of the lead agency shall be suspended until the provider receives an explanation of benefits or other final determination of the claim it files with the child's insurance carrier. (b) In all instances when an insurance carrier has been billed for early intervention services, whether paid in full, paid in part, or denied by the carrier, the provider must provide the central billing office, within 90 days after receipt, with a copy of the explanation of benefits form and other information in the manner prescribed by the lead agency. (c) When the insurance carrier has denied the claim or paid an amount for the early intervention service billed that is less that the current State rate for early intervention services, the provider shall submit the explanation of benefits with a claim for payment, and the lead agency shall pay the provider the difference between the sum actually paid by the insurance carrier for each unit of service provided under the individualized family service plan and the current State rate for early intervention services. The State shall also pay the family's co-payment or co-insurance under its plan, but only to the extent that those payments plus the balance of the claim do not exceed the current State rate for early intervention services. The provider may under no circumstances bill the family for the difference between its charge for services and that which has been paid by the insurance carrier or by the State. (325 ILCS 20/13.20 new) Sec. 13.20. Families with insurance coverage; payment for services. (a) Families of children with insurance coverage, whether public or private, shall incur no greater or less direct out-of-pocket expenses for early intervention services than families who are not insured. (b) Deductibles. When the deductible on a family's insurance plan or policy has not yet been met in full under the terms of the plan or policy, the provider must first bill the insurance carrier. If the provider reimbursement is reduced in whole or in part by the remaining amount of a deductible, the provider shall then bill the lead agency's central billing office. The provider shall be paid the difference for the services up to the amount payable under the State's early intervention fee-for-service rates and shall in no case bill the family for the services not paid for under the plan or policy. (c) Co-payments and co-insurance. Financial responsibility for private insurance co-payments or co-insurance payments required by a family's insurance carrier on claims paid for early intervention
63 [May 8, 2001] services is transferred in full to the lead agency. The lead agency shall pay the provider the sum that would otherwise be payable directly by the family under its insurance plan or policy and the sum payable under subsection (c) of Section 13.15, unless the provider already has been paid a sum by the carrier for the early intervention service provided that is equal to or in excess of the State rate for that service. The provider may not bill the family for co-payments or co-insurance payments, whether paid by the lead agency under this subsection or not. (d) Managed care plans. (1) Families receiving services from an out-of-network provider on the effective date of this amendatory act of the 92nd General Assembly shall have 45 days to transfer to an available credentialed specialist who is enrolled in the family's network, unless the plan or policy allows for payment of services provided by out-of-network provider. When a family's insurance coverage is through a managed care arrangement with a network of providers that includes one or more credentialed specialists who provide services prescribed under its individualized family service plan, the family shall use the network providers for each early intervention service for which there is an available credentialed specialist, unless (1) the child is over 26 months old and has already established a relationship with a non-network provider before the effective date of this amendatory Act of the 92nd General Assembly, or (2) the family would have to travel more than 15 miles or more than 30 minutes to the network provider within the family's managed care network of providers. (2) The lead agency, in conjunction with any entities with which it may have contracted for the training and credentialing of providers, the local interagency council for early intervention, the regional intake entity, and the enrolled providers in each region who wish to participate, shall cooperate in developing a matrix and action plan that (1) identifies which managed care plans are used in its region by families with children in the early intervention program, and which early intervention services, with what restrictions, if any, are covered under those plans, (2) identifies which credentialed specialists are members of which managed care plans in the region, and (3) identifies the various managed care plans to credentialed specialists, encourages their enrollment in the area plans, and provides them with information on how to enroll. These matrices shall be complete no later than 7 months after the effective date of this amendatory Act of the 92nd General Assembly, and shall be provided to the Early Intervention Legislative Advisory Committee at that time. The lead agency shall work with networks that may have closed enrollment to additional providers to encourage their admission of early intervention credentialed specialists, and shall report to the Early Intervention Legislative Advisory Committee on the initial results of these efforts no later than February 1, 2002. (325 ILCS 20/13.25 new) Sec. 13.25. Private insurance; exemption. (a) No later than 60 days after the effective date of this amendatory Act of the 92nd General Assembly, the lead agency shall adopt rules to establish procedures by which a family whose child is eligible to receive early intervention services may apply for an exemption restricting the use of its private insurance plan or policy based on material risk of loss of coverage. (b) The lead agency shall rule on a claim for an exemption within 10 days after its receipt of a written request for an exemption at the regional intake entity. During that 10 days, no claims may be filed against the insurance plan or policy. If the exemption is granted, it shall be noted on the individualized family service plan, and the family and the providers serving the family shall be notified in writing of the exemption. (c) An exemption may be granted if the family submits documentation with its request for an exemption that establishes that
[May 8, 2001] 64 either (i) the insurance plan or policy covering the child is an individually purchased plan or policy and has been purchased by a self-employed head of the household who is not eligible for a group medical insurance plan, is a member of a group plan with less than 15 employee members, or has a policy with a lifetime cap on one or more types of early intervention services that could be exhausted during the period covered by the individualized family service plan or (ii) such other circumstances exist relative to the plan or policy and its use for early intervention services that there is a material risk of loss of coverage, as the lead agency may establish by rule, and that (iii) the family's income and financial circumstances make it materially unacceptable to absorb the established risk of higher premiums, amended coverage, or policy restrictions or changes. (d) An exemption under this Section based on material risk of loss of coverage may apply to all early intervention services and all plans or policies insuring the child, may be limited to one or more plans or policies, or may be limited to one or more types of early intervention services in the child's individualized family services plan. (325 ILCS 20/13.30 new) Sec. 13.30. System of personnel development. The lead agency shall contract, under a public request for proposals that shall be open and posted on its early intervention website for no less than 30 days, with one or more entity to provide training to credentialed early intervention specialists. This training shall include, at minimum, the following types of instruction: (a) Courses in birth-to-3 evaluation and treatment of children with developmental disabilities and delays (1) that are taught by fully credentialed specialists with substantial experience in evaluation in treatment of children from birth to age 3 with developmental disabilities and delays, and who are approved, as appropriate to the discipline, by the Department of Professional Regulation to provide continuing education to that discipline, (2) that cover these topics within each of the disciplines of audiology, occupational therapy, physical therapy, speech and language pathology, and developmental therapy, (3) that are held no less than twice per year, (4) that offer no fewer than 20 contact hours per year of course work, (5) that are held in no fewer than 5 separate locales throughout the State, and (6) that give enrollment priority to those provisionally enrolled associate specialists who do not meet the experience, education, or continuing education requirements necessary to be fully credentialed early intervention specialists; and (b) Courses held no less than twice per year for no fewer than 4 hours each in no fewer than 5 separate locales throughout the State each on the following topics: (1) Practice and procedures of private insurance billing. (2) The role of the regional intake entities; service coordination; program eligibility determinations; family fees; Medicaid, KidCare, and Division of Specialized Care applications, referrals, and coordination with Early Intervention; and procedural safeguards. (3) Introduction to the early intervention program, including provider enrollment and credentialing, overview of Early Intervention program policies and regulations, and billing requirements. (4) Evaluation and assessment of birth-to-3 children; individualized family service plan development, monitoring, and review; best practices; service guidelines; and quality assurance. (325 ILCS 20/13.32 new) Sec. 13.32. Contracting. The lead agency may enter into contracts for some or all of its responsibilities under this Act, including but not limited to, credentialing and enrolling providers; training under Section 13.30; maintaining a central billing office; data collection and analysis; establishing and maintaining a computerized case management system accessible to local referral offices and providers; creating and maintaining a system for provider credentialing and enrollment; creating and maintaining the central directory required
65 [May 8, 2001] under subsection (g) of Section 7 of this Act; and program operations. These contracts are subject to the Illinois Procurement Code, shall be subject to public bid under requests for proposals under that Code, and, in addition to the posting requirements under that Code, shall be posted on the early intervention website maintained by the lead agency during the entire bid period. In setting points for evaluating bids, while the lead agency may establish points for general experience doing the work that the request for proposals specifies, the lead agency may not directly or indirectly credit points to a bidder for having previously performed any of these responsibilities under previous contracts or grants with the lead agency. Any of these listed responsibilities currently under contract or grant that have not met these requirements shall be subject to public bid under this request for proposal process within 180 days after the effective date of this amendatory Act of the 92nd General Assembly. (325 ILCS 20/13.50 new) Sec. 13.50. Early Intervention Legislative Advisory Committee. No later than 60 days after the effective date of this amendatory Act of 92nd General Assembly, there shall be convened the Early Intervention Legislative Advisory Committee. The majority and minority leaders of the General Assembly shall each appoint 2 members to the Committee. The Committee's term is for a period of 2 years, and the Committee shall publicly convene no less than 4 times per year. The Committee's responsibilities shall include, but not be limited to, providing guidance to the lead agency regarding programmatic and fiscal management and accountability, provider development and accountability, contracting, and program outcome measures. On a quarterly basis, or more often as the Committee may request, the lead agency shall provide to the General Assembly and the public, through postings on its website, monthly reports containing the data required in the annual report under subdivision (b)(5) of Section 4 of this Act. (325 ILCS 20/15) (from Ch. 23, par. 4165) Sec. 15. The Auditor General of the State shall conduct a follow-up an evaluation of the system established under this Act, in order to evaluate the effectiveness of the system in providing services that enhance the capacities of families throughout Illinois to meet the special needs of their eligible infants and toddlers, and provide a report of the evaluation to the Governor and the General Assembly no later than April 30, 2002 1993. Upon receipt by the lead agency, this report shall be posted on the early intervention website. (Source: P.A. 87-680.)". AMENDMENT NO. 2 TO SENATE BILL 461 AMENDMENT NO. 2. Amend Senate Bill 461, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 1, line 6, after "Sections", by inserting "10.2,"; and on page 5, after line 13, by inserting the following: "(k) "Qualified person" means an individual providing early intervention services who has attained the highest requirements in the State applicable to the profession or discipline in which he or she is providing early intervention services and who is suitably qualified to provide early intervention services to eligible children and their families. (l) "Suitably qualified" means that the individual meets the requirements set forth in Section 10.2 of this Act. (m) "Credentialed specialist" means an individual whom the lead agency has found to be a qualified person within his or her discipline and who has been enrolled by the lead agency as a provider of early intervention services within that discipline. Under Section 10.2 of this Act, an individual my be a fully credentialed specialist or may be provisionally credentialed as an associate specialist. (n) "Contact hours" means hours spent in a formal program of education or training related to the specialist's discipline, either in a classroom or in a clinical setting."; and on page 11, after line 20, by inserting the following:
[May 8, 2001] 66 "(325 ILCS 20/10.2 new) Sec. 10.2. Service providers; qualifications. (a) To enroll as a credentialed specialist in the early intervention program, the lead agency shall require that the individual (i) establish that he or she is a qualified person as defined in Section 3 of this Act, (ii) provide evidence of professional liability insurance, (iii) undergo a criminal background check paid for by the lead agency, and (iv) meet the other requirements of this Section. (b) An individual may enroll as a fully credentialed specialist if her or she meets the requirements of subsection (c) or (d) as appropriate to the discipline for which enrollment is sought, or may enroll provisionally for no more than 2 years as an associate specialist, if he or she meets the requirements of subsection (f). Individuals who provide services in regions that have a shortage of specialists may enroll or maintain enrollment in accordance with the terms of any waiver that has been granted under subsection (j) for that region. (c) Fully credentialed licensed specialists. (1) To enroll and maintain enrollment as a fully credentialed licensed specialist in the early intervention program, audiologists, occupational therapists, physical therapists, and speech-language pathologists shall: (i) be licensed in their respective disciplines in Illinois or in the state in which services are provided; (ii) have completed no less than 20 contact hours of professional education or continuing education in birth-to-3 evaluation and treatment; (iii) have a minimum of one year within the previous 3 years of paid professional experience working directly with a patient caseload that was at least 25% children from birth to age 3 with disabilities and developmental delays, and at least 50% pediatric; (iv) maintain, while enrolled as an early intervention provider, a patient caseload composed at least of 25% children from birth to age 3 with disabilities or developmental delays, and that is at least 50% pediatric; and (v) meet the following additional criteria appropriate to their discipline: (A) Audiologists. An audiologist shall have a masters degree in audiology or communication disorders, or both, from an American Speech-Language Hearing Association (ASHA) accredited institution; meet the requirements of a hearing aid dispenser if hearing aid evaluations or fittings are provided; and have a minimum of 2 years' experience in pediatrics. (B) Occupational therapists. An occupational therapist shall have a bachelors degree or certificate in occupational therapy and be registered as an Occupational Therapist Registered (OTR). (C) Physical therapists. A physical therapist shall have a bachelors degree or certificate in physical therapy and have a minimum of one year of paid professional experience working with children with disabilities. (D) Speech-language pathologists. A speech-language pathologist shall have a masters degree in speech pathology or communication disorders, or both, from an American Speech-Language Hearing Association (ASHA) accredited institution and shall have a minimum of 2 years of paid professional experience in working with children with disabilities, which may include a supervised clinical fellowship year. (2) Social workers, counselors, and psychologists shall: (i) be licensed in their respective disciplines in Illinois or in the state in which services are provided; (ii) have completed no less than 20 contact hours of professional education or continuing education in course work involving working with birth-to-3 children with developmental delays and disabilities and their families; (iii) have a minimum of one year within the previous 3 years of paid professional experience working with a caseload that was at least 15% birth-to-3 children with developmental delays and
67 [May 8, 2001] disabilities and their families; (iv) maintain, while enrolled as an early intervention credentialed specialist, a caseload that is at 25% least birth-to-3 children with developmental delays and disabilities and their families; and (v) meet the following additional criteria appropriate to their discipline: (A) A social worker shall be licensed as a Licensed Clinical Social Worker in Illinois if the social worker is providing any services to the family and child other than identifying, mobilizing, and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services, in which case a social worker may be licensed in Illinois as a Licensed Social Worker, or have a school social work certificate. (B) A counselor or psychologist shall be licensed in Illinois either as a Licensed Clinical Social Worker, a Licensed Clinical Professional Counselor, a Licensed Clinical Psychologist, a Licensed Marriage and Family Therapist, or a Licensed School Psychologist. (3) Nurses. A nurse shall be licensed in Illinois as a Registered Nurse. (4) Nutrition specialists. A nutrition specialist shall be licensed in Illinois as Licensed Dietitian or as a Registered Nutrition Counselor. (d) Fully credentialed specialists not subject to licensure. Individuals who are not subject to State licensure may provide certain early intervention services as credentialed specialists, including service coordination, developmental or rehabilitation therapy, and parent liaison work. (1) Developmental-rehabilitation therapists. A developmental-rehabilitation therapist shall: (i) have completed no less than 20 contact hours of professional education or continuing education in birth-to-3 evaluation and treatment; (ii) have either (A) at least a bachelor's degree in early childhood education or early childhood special education, (B) a teacher endorsement in early childhood education or early childhood special education, or (C) a bachelors degree in a human services, behavior science, education, special education, or a health discipline, such as one of the following: child development, orientation, and mobility; applied psychology; social work; health education; or a related field; (iii) have an educational concentration in early childhood development or 40 contact hours of professional education or continuing education in birth-to-3 evaluation and treatment; and (iv) have one year of experience in working directly with a caseload that was at least 25% children from birth to age 3 with development disabilities and delays. (2) Service coordinators. A service coordinator shall: (i) have completed no less than 20 contact hours of professional education or continuing education in birth-to-3 evaluation and treatment; (ii) have either (A) a bachelor's degree in early childhood education or early childhood special education or (B) a bachelors degree in a human services, behavior science, education, special education, or a health discipline, such as child development, orientation, and mobility; applied psychology; social work; health education; or a related field; and (iii) have an educational concentration in early childhood development or 40 contact hours of professional education or continuing education in birth-to-3 evaluation and treatment. (3) Parent liaisons. A parent liaison shall be the parent or guardian of a child with special needs. (e) Evaluation, assessment and participation in the initial development of individualized family service plans. Effective 12 months after the effective date of this amendatory Act of the 92nd General Assembly, no credentialed specialist may conduct an evaluation or assessment of a child for purposes of developing an individualized family service plan or may serve as a member of the initial multidisciplinary team developing that plan, unless she or he has met
[May 8, 2001] 68 the requirements of subsection (c) or (d) of this Section that are appropriate to his or her discipline. (f) To create incentives for reaching fully credentialed status, the lead agency may, subject to available funds, if cost savings are achieved through the program changes required under this amendatory Act of the 92nd General Assembly, and if federal financial participation is not jeopardized, enhance or increase the rates for early intervention services that are provided by fully credentialed specialists. (g) Associate level credentialing. An individual may provide early intervention services under the supervision of a fully credentialed specialist if the individual: (A) has (i) a physical therapist assistant license or a bachelors degree in physical therapy, (ii) a certified occupational therapy assistant license or bachelors degree in occupational therapy, (iii) a bachelors degree in speech-language pathology, (iv) current enrollment in a supervised graduate internship social work, (v) current enrollment in a supervised graduate internship social work, (vi) current enrollment in a supervised graduate internship psychology program, or (vii) for developmental therapy, an associates degree in a human services field and one year of experience in working with children from birth to age 5 with developmental disabilities; and (B) meets other pediatric training and experience requirements as the lead agency may require. (h) Provisional credentialing. An individual may be provisionally credentialed as an credentialed specialist for no more than 24 months if he or she has not met the requirements of subsection (c) or (d) relevant to his or her discipline for which credentialing is sought, if the applicant can show that those requirements will be met in full within those 24 months. During those 24 months, the individual may work only under the direction and supervision of an individual who is a fully credentialed specialist within the same specialty area or areas as the individual who is providing services on a provisional basis. This direction and supervision must include, at a minimum, the co-signature of the supervising specialist on progress reports, treatment recommendations, and claims of the individual who is providing services on a provisional basis. An individual who is provisionally credentialed shall submit documentation at the point of enrollment and every 6 months thereafter of the specific steps he or she is taking to meet the requirements of this Section, and shall set forth the nature of the supervision and the name or names of the credentialed specialist or specialists supervising his or her work with children enrolled in the early intervention program. (i) New enrollees. An individual who seeks to enroll as a fully credentialed specialist on or after the effective date of this amendatory Act of the 92nd General Assembly shall meet the requirements of subsection (c) or (d) of this Section that are relevant to that discipline at the time of his or her application for enrollment, or shall meet the requirements necessary for provisional enrollment as an associate credentialed specialist. (j) Currently enrolled credentialed specialists. An individual who is enrolled by the lead agency as a fully credentialed specialist within his or her discipline under the requirements of the lead agency as of the effective date of this amendatory Act of the 92nd General Assembly shall meet the requirements of subsection (c) or (d) of this Section that are relevant to that discipline within 24 months of that effective date, and during that 24 months the individual may supervise provisionally enrolled associates so long as they had met the credentialing requirements as of the effective date of this amendatory Act of the 92nd General Assembly. An individual who is enrolled by the lead agency as a provisionally enrolled associate within his or her discipline under the requirements of the lead agency as of the effective date of this amendatory Act of the 92nd General Assembly shall meet the higher education and licensing requirements of subsection (c) or (d) relative to his or her discipline within 12 months after the effective date of this amendatory Act of the 92nd General Assembly, and shall meet the remaining requirements of subsection (c) or (d) appropriate to the discipline within 24 months
69 [May 8, 2001] after that effective date. (k) Continuing education. To maintain enrollment as a credentialed specialist, the individual must certify, every 3 years, that he or she has completed no less than 20 additional contact hours of continuing education in birth-to-3 evaluation and treatment. Payment of the costs of continuing education shall be the responsibility of the credentialed specialist. (l) Waivers. The lead agency shall establish procedures, by rule, that allow for the consideration and approval of regional waivers of the requirements of this Section related to birth-to-3 professional education, birth-to-3 pediatric experience, continuing education, and, in the case of service coordinators and developmental therapists, the bachelors degree requirement. The waiver may also allow designated services to be provided by assistants and graduate students who would have been authorized to provide services before the effective date of this amendatory Act of the 92nd General Assembly so long as they work under the supervision of fully credentialed and licensed individuals, as provided under subsection (f) of this Section. The waiver shall be developed in conjunction with the regional intake entity and the local inter-agency council on early intervention. A waiver may be granted only upon a showing that there is an insufficient number of fully credentialed specialists to meet the demand for timely early intervention services in a particular region. A waiver shall specify what areas of specialty are covered by the waiver, the geographic reach of the waiver, the specific requirements being waived, and the length of time of the waiver. No waiver may be granted for more than 2 years, but a waiver may be renewed after its 2-year or shorter expiration date upon a showing that all reasonable steps have been taken to increase the supply of fully credentialed specialists and that the waiver continues to be necessary to avoid waiting lists for services. The waiver must set forth a detailed plan to meet all the requirements of this Section before the expiration of the waiver.". 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 526. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 526 AMENDMENT NO. 1. Amend Senate Bill 526 by replacing everything after the enacting clause with the following: "Section 5. The Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993 is amended by changing Section 135 as follows: (225 ILCS 446/135) Sec. 135. Temporary suspension. The Director may temporarily suspend a license licensee without a hearing, simultaneously with the initiation of proceedings for a hearing provided for in Section 130 of this Act, if the Director finds that evidence in his or her possession indicates that a licensee's continuation in practice would constitute an imminent danger to the public. If the Director temporarily suspends the license of a licensee without a hearing, a hearing by the Board shall be held within 30 days after the suspension has occurred. (Source: P.A. 88-363.)". 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 527. Having been printed, was taken up and read by
[May 8, 2001] 70 title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 527 AMENDMENT NO. 1. Amend Senate Bill 527 on page 1, line 5, after "2", by inserting "and by adding Section 3.2"; and on page 2, after line 23, by inserting the following: "(225 ILCS 75/3.2 new) Sec. 3.2. Practice of optometry. An occupational therapist may not perform an act, task, or function primarily performed in the lawful practice of optometry under the Illinois Optometric Practice Act of 1987.". 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 528. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 528 AMENDMENT NO. 1. Amend Senate Bill 528, on page 1, by replacing lines 7 through 12 with the following: "Sec. 5-21. No registered nurse or licensed practical nurse may perform refractions and other determinations of visual function or eye health diagnosis. A registered nurse or licensed practical nurse may participate in these activities with the direct on-site supervision of an optometrist licensed under the Illinois Optometric Practice Act of 1987 or a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987.". 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 539. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 539 AMENDMENT NO. 1. Amend Senate Bill 539 on page 8, line 21, by replacing "2a" with "2"; and on page 10, line 27, by replacing "2a" with "2"; and on page 34, immediately below line 7, by inserting the following: "Section 10. The Environmental Impact Fee Law is amended by changing Section 315 as follows: (415 ILCS 125/315) (Section scheduled to be repealed on January 1, 2003) Sec. 315. Fee on receivers of fuel for sale or use; collection and reporting. A person that is required to pay the fee imposed by this Law shall pay the fee to the Department by return showing all fuel purchased, acquired, or received and sold, distributed or used during the preceding calendar month, including losses of fuel as the result of evaporation or shrinkage due to temperature variations, and such other reasonable information as the Department may require. Losses of fuel as the result of evaporation or shrinkage due to temperature variations
71 [May 8, 2001] may not exceed 1% one percent of the total gallons in storage at the beginning of the month, plus the receipts of gallonage during the month, minus the gallonage remaining in storage at the end of the month. Any loss reported that is in excess of this amount shall be subject to the fee imposed by Section 310 of this Law. On and after July 1, 2001, for each 6-month period January through June, net losses of fuel (for each category of fuel that is required to be reported on a return) as the result of evaporation or shrinkage due to temperature variations may not exceed 1% of the total gallons in storage at the beginning of each January, plus the receipts of gallonage each January through June, minus the gallonage remaining in storage at the end of each June. On and after July 1, 2001, for each 6-month period July through December, net losses of fuel (for each category of fuel that is required to be reported on a return) as the result of evaporation or shrinkage due to temperature variations may not exceed 1% of the total gallons in storage at the beginning of each July, plus the receipts of gallonage each July through December, minus the gallonage remaining in storage at the end of each December. Any net loss reported that is in excess of this amount shall be subject to the fee imposed by Section 310 of this Law. For purposes of this Section, "net loss" means the number of gallons gained through temperature variations minus the number of gallons lost through temperature variations or evaporation for each of the respective 6-month periods. The return shall be prescribed by the Department and shall be filed between the 1st and 20th days of each calendar month. The Department may, in its discretion, combine the return filed under this Law with the return filed under Section 2b of the Motor Fuel Tax Law. If the return is timely filed, the receiver may take a discount of 2% to reimburse himself for the expenses incurred in keeping records, preparing and filing returns, collecting and remitting the fee, and supplying data to the Department on request. However, the 2% discount applies only to the amount of the fee payment that accompanies a return that is timely filed in accordance with this Section. (Source: P.A. 91-173, eff. 1-1-00.)". 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 643. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 643 AMENDMENT NO. 1. Amend Senate Bill 643 by replacing everything after the enacting clause with the following: "Section 5. The Criminal Identification Act is amended by changing Section 3.1 as follows: (20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1) Sec. 3.1. Conviction records. (a) The Department may furnish, pursuant to positive identification, records of convictions to the Department of Professional Regulation for the purpose of meeting registration or licensure requirements under The Private Detective, Private Alarm, and Private Security Act of 1983. (b) The Department may furnish, pursuant to positive identification, records of convictions to policing bodies of this State for the purpose of assisting local liquor control commissioners in carrying out their duty to refuse to issue licenses to persons specified in paragraphs (4), (5) and (6) of Section 6-2 of The Liquor Control Act of 1934. (c) The Department shall charge an application fee, based on actual costs, for the dissemination of records pursuant to this
[May 8, 2001] 72 Section. Fees received for the dissemination of records pursuant to this Section shall be deposited in the State Police Services Fund. The Department is empowered to establish this fee and to prescribe the form and manner for requesting and furnishing conviction information pursuant to this Section. (d) Any dissemination of any information obtained pursuant to this Section to any person not specifically authorized hereby to receive or use it for the purpose for which it was disseminated shall constitute a violation of Section 7. (Source: P.A. 85-1440.)". 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 574. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 574 AMENDMENT NO. 1. Amend Senate Bill 574 on page 1, line 7, after "8-11-2.", by inserting "Municipal occupation and privilege taxes."; and on page 4, by deleting lines 4 through 7; and by deleting lines 14 through 34 on page 7 and lines 1 through 8 on page 8. 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 750. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 750 AMENDMENT NO. 1. Amend Senate Bill 750 on page 1, by replacing line 13 with the following: "food or food product inspected as required by law, or any food preparation from a source approved by the Department of Agriculture, whether raw or"; and on page 4, after line 13, by inserting the following: "Section 20. Federal law. Nothing in this Act shall be construed to exempt halal food from any provisions of the federal Humane Methods of Slaughter Act of 1978 that may be applicable."; and on page 6, line 2, after "registered", by inserting ", with the Director,"; and on page 6, line 4, after "Food", by inserting "."; and on page 6, by deleting line 5. 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 606. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Environment & Energy, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 606
73 [May 8, 2001] AMENDMENT NO. 1. Amend Senate Bill 606, on page 2, line 7, by replacing "zero-interest loans" with "loans at no more than 2% interest"; and on page 2, line 8, after "improvements.", by inserting "The Department shall assist in the loan application and review process, including the provision of statewide access to technical assistance for the proper completion and submission of applications."; and on page 3, below line 2, by inserting the following: "(d) The Authority shall give priority to projects that (i) demonstrate innovative and efficient ways to achieve demand reductions, (ii) may serve as a model for replication in other locations, or (iii) are proposed by governmental or nonprofit organizations to promote both energy efficiency and improved reliability of service."; and on page 3, line 5, after "report", by inserting "on or before January 15 of each year". 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 900. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 900 AMENDMENT NO. 1. Amend Senate Bill 900 on page 1, line 6, after "value", by inserting ", before January 1, 2003,". AMENDMENT NO. 2 TO SENATE BILL 900 AMENDMENT NO. 2. Amend Senate Bill 900 as follows: on page 1, line 7, after "follows", by inserting ":"; and on page 1, by deleting line 8; and on page 1, line 26, after "The", by inserting "sale or exchange of the real property described in Section 5 of this Act shall be made in full compliance with the State Property Control Act, provided that the"; and on page 2, line 25, after "Assembly", by inserting "with respect to depositing the net proceeds from the sale or exchange of the property as provided in Section 10 of this amendatory Act of the 92nd General Assembly". 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 902. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 902 AMENDMENT NO. 1. Amend Senate Bill 902 on page 14, line 5, by replacing ";" with "; and"; and on page 14, by replacing lines 10 through 18 with the following: "(Y) is exempt from the provisions of Section 250."; and by deleting line 32 on page 34 and lines 1 through 18 on page 35. 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.
[May 8, 2001] 74 SENATE BILL 969. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Labor, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 969 AMENDMENT NO. 1. Amend Senate Bill 969 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Unemployment Insurance Act is amended by changing Section 220 as follows: (820 ILCS 405/220) (from Ch. 48, par. 330) Sec. 220. A. The term "employment" shall not include service performed prior to 1972 in the employ of this State, or of any political subdivision thereof, or of any wholly owned instrumentality of this State or its political subdivisions. B. The term "employment" shall not include service, performed after 1971 and before 1978, in the employ of this State or any of its instrumentalities: 1. In an elective position; 2. Of a professional or consulting nature, compensated on a per diem or retainer basis; 3. For a State prison or other State correctional institution, by an inmate of the prison or correctional institution; 4. As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any Federal agency or an agency of this State, by an individual receiving such work-relief or work-training; 5. In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work; 6. Directly for the Illinois State Fair during its active duration (including the week immediately preceding and the week immediately following the Fair); 7. Directly and solely in connection with an emergency, in fire-fighting, snow removal, flood control, control of the effects of wind or flood, and the like, by an individual hired solely for the period of such emergency; 8. In the Illinois National Guard, directly and solely in connection with its summer training camps or during emergencies, by an individual called to duty solely for such purposes. C. Except as provided in Section 302, the term "employment" shall not include service performed in the employ of a political subdivision or a municipal corporation, or an instrumentality of one or more of the foregoing or of this State and one or more of the foregoing. This subsection shall not apply to service performed after December 31, 1977. D. The term "employment" shall not include service performed after December 31, 1977: 1. In the employ of a governmental entity referred to in clause (B) of Section 211.1 if such service is performed in the exercise of duties a. As an elected official; b. As a member of a legislative body, or a member of the judiciary, of this State or a political subdivision or municipal corporation; c. As a member of the Illinois National Guard or Air National Guard; d. As a worker serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency;
75 [May 8, 2001] e. In a position which, under or pursuant to the laws of this State, is designated as a major nontenured policymaking or advisory position, or as a policymaking position the performance of the duties of which ordinarily does not require more than 8 hours per week. 2. As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any Federal agency or an agency of this State, or a political subdivision or municipal corporation, by an individual receiving such work-relief or work-training. 3. In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work. 4. By an inmate of a custodial or penal institution. E. The term "employment" shall not include service performed on or after January 1, 2002 in the employ of a governmental entity referred to in clause (B) of Section 211.1 if the service is performed in the exercise of duties as an election official or election worker and the amount of remuneration received by the individual during the calendar year for service as an election official or election worker is less than $1,000. (Source: P.A. 84-1438.)". 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 993. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Child Support Enforcement, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 993 AMENDMENT NO. 1. Amend Senate Bill 993 on page 1, line 10, after the period, by inserting the following: "An order for support entered or modified on or after January 1, 2002 shall contain a statement that a support obligation required under the order, or any portion of a support obligation required under the order, that becomes due and remains unpaid for 30 days or more shall accrue simple interest at the rate of 9% per annum. Failure to include the statement in the order for support does not affect the validity of the order or the accrual of interest as provided in this Section."; and on page 7, line 24, after the period, by inserting the following: "An order for support entered or modified on or after January 1, 2002 shall contain a statement that a support obligation required under the order, or any portion of a support obligation required under the order, that becomes due and remains unpaid for 30 days or more shall accrue simple interest at the rate of 9% per annum. Failure to include the statement in the order for support does not affect the validity of the order or the accrual of interest as provided in this Section."; and on page 13, line 15, after the period, by inserting the following: "An order for support entered or modified on or after January 1, 2002 shall contain a statement that a support obligation required under the order, or any portion of a support obligation required under the order, that becomes due and remains unpaid for 30 days or more shall accrue simple interest at the rate of 9% per annum. Failure to include the statement in the order for support does not affect the validity of the order or the accrual of interest as provided in this Section."; and on page 13, line 23, after the period, by inserting the following: "An order for support entered or modified on or after January 1, 2002
[May 8, 2001] 76 shall contain a statement that a support obligation required under the order, or any portion of a support obligation required under the order, that becomes due and remains unpaid for 30 days or more shall accrue simple interest at the rate of 9% per annum. Failure to include the statement in the order for support does not affect the validity of the order or the accrual of interest as provided in this Section.". 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 965. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Labor, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 965 AMENDMENT NO. 1. Amend Senate Bill 965 by replacing everything after the enacting clause with the following: "Section 5. The Prevailing Wage Act is amended by changing Section 9 as follows: (820 ILCS 130/9) (from Ch. 48, par. 39s-9) Sec. 9. To effectuate the purpose and policy of this Act each public body shall, during the month of June of each calendar year, investigate and ascertain the prevailing rate of wages as defined in this Act and publicly post or keep available for inspection by any interested party in the main office of such public body its determination of such prevailing rate of wage and shall promptly file a certified copy thereof in the office of the Secretary of State at Springfield. The Department of Labor shall during the month of June of each calendar year, investigate and ascertain the prevailing rate of wages for each county in the State. If a public body does not investigate and ascertain the prevailing rate of wages during the month of June as required by the previous paragraph, then the prevailing rate of wages for that public body shall be the rate as determined by the Department under this paragraph for the county in which such public body is located. Where the Department of Labor ascertains the prevailing rate of wages, it is the duty of the Department of Labor within 30 days after receiving a notice from the public body authorizing the proposed work, to conduct an investigation to ascertain the prevailing rate of wages as defined in this Act and such investigation shall be conducted in the locality in which the work is to be performed. The Department of Labor shall send a certified copy of its findings to the public body authorizing the work and keep a record of its findings available for inspection by any interested party in the office of the Department of Labor at Springfield. The public body except for the Department of Transportation with respect to highway contracts shall within 30 days after filing with the Secretary of State, or the Department of Labor shall within 30 days after filing with such public body, publish in a newspaper of general circulation within the area that the determination is effective, a notice of its determination and shall promptly mail a copy of its determination to any employer, and to any association of employers and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. At any time within 15 days after a certified copy of the determination has been published as herein provided, any person affected thereby may object in writing to the determination or such part thereof as they may deem objectionable by filing a written notice with the public body or Department of Labor, whichever has made such
77 [May 8, 2001] determination, stating the specified grounds of the objection. It shall thereafter be the duty of the public body or Department of Labor to set a date for a hearing on the objection after giving written notice to the objectors at least 10 days before the date of the hearing and said notice shall state the time and place of such hearing. Such hearing by a public body shall be held within 20 days after the objection is filed, and shall not be postponed or reset for a later date except upon the consent, in writing, of all the objectors and the public body. If such hearing is not held by the public body within the time herein specified, the Department of Labor may, upon request of the objectors, conduct the hearing on behalf of the public body. The public body or Department of Labor, whichever has made such determination, is authorized in its discretion to hear each written objection filed separately or consolidate for hearing any one or more written objections filed with them. At such hearing the public body or Department of Labor shall introduce in evidence the investigation it instituted which formed the basis of its determination, and the public body or Department of Labor, or any interested objectors may thereafter introduce such evidence as is material to the issue. Thereafter, the public body or Department of Labor, must rule upon the written objection and make such final determination as it believes the evidence warrants, and promptly file a certified copy of its final determination with such public body and the Secretary of State, and serve a copy by personal service or registered mail on all parties to the proceedings. The final determination by a public body shall be rendered within 10 days after the conclusion of the hearing. If proceedings to review judicially the final determination of the public body or Department of Labor are not instituted as hereafter provided, such determination shall be final and binding. The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of any public body or the Department of Labor hereunder. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Appeals from all final orders and judgments entered by the court in review of the final administrative decision of the public body or Department of Labor, may be taken by any party to the action. Any proceeding in any court affecting a determination of the Department of Labor or public body shall have priority in hearing and determination over all other civil proceedings pending in said court, except election contests. In all reviews or appeals under this Act, it shall be the duty of the Attorney General to represent the Department of Labor, and defend its determination. The Attorney General shall not represent any public body, except the State, in any such review or appeal. Contractors and subcontractors covered by this Act shall post, at a location on the project site of the public works that is easily accessible to their employees engaged on the project, the prevailing wage rates for each craft or type of worker or mechanic needed to execute the contract or project or work to be performed. A failure to post a prevailing wage rate as required by this Section is a violation of this Act. (Source: P.A. 83-201.)". 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 1011. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1011
[May 8, 2001] 78 AMENDMENT NO. 1. Amend Senate Bill 1011 by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by adding Article 48 as follows: (720 ILCS 5/Art. 48 heading new) ARTICLE 48. PROMOTING A CRIMINAL RAVE (720 ILCS 5/48-1 new) Sec. 48-1. Legislative findings and intent. (a) The General Assembly finds that raves: (1) are dance parties that are extremely conducive to the unlawful delivery, possession, and use of controlled substances; (2) expose their participants, most of whom are under the age of 25 and some of whom are as young as the age of 12, to drug activity that can result in drug addiction, great bodily harm, and death; (3) provide an arena for predatory sexual crimes; (4) further the interests of organized criminals; (5) foster attitudes of toleration towards the unlawful delivery, possession, and use of controlled substances and contempt or indifference towards the laws controlling those substances; (6) increase the dropout, truancy, and failure rates of children attending schools within this State; (7) interfere with the duty of parents and legal guardians to provide for the physical, mental, and emotional well-being of their children and the rights of parents to raise their children free from physical, mental and emotional harm caused by the unlawful use of controlled substances; and (8) increase the costs incurred by the citizens of this State for law enforcement, insurance, and medical services. (b) The General Assembly finds that, in light of the findings made in subsection (a), raves and similarly structured activities are matters of legitimate, substantial, and compelling governmental interest that give rise to a special need to shield minors and young adults who attend raves from the problems enumerated in subsection (a) and safeguard the rights of parents and legal guardians of unemancipated minors who attend raves. The General Assembly further finds that, by knowingly creating, permitting, or fostering environments in which uninitiated and vulnerable minors and young adults can be initially exposed to controlled substances that may cause great bodily harm, death, or addiction, persons who promote or facilitate criminal raves are as culpable as persons who manufacture or deliver those substances. It is therefore the intent of the General Assembly to address the problems presented by raves by the enactment of criminal penalties and civil sanctions and causes of action. (720 ILCS 5/48-5 new) Sec. 48-5. Definitions. As used in this Article: "Controlled substance" means any drug, substance or precursor listed in the Schedules of Article II of the Illinois Controlled Substances Act. "Deliver" or "delivery" mean the actual, constructive, or attempted transfer of controlled substances, with or without consideration, whether or not there is an agency relationship. "Rave" means a party-like event at a location not zoned for alcoholic beverages at which 25 or more persons pay money or other consideration or make a purchase of anything of value in order to enter or remain in a building, room or area where the participants dance or otherwise socialize against a background of flashing, strobe, or laser lights and music that is electronically produced, reproduced, or transmitted. A rave does not include an event that occurs or is conducted at or on: (1) A private residence or residential facility from which the general public is excluded; (2) A place owned or operated by federal, State, county, township, or municipal government; (3) A public or private elementary school, secondary school, college, community college, or university;
79 [May 8, 2001] (4) A place owned or operated by a bona fide religious organization created, organized, existing, and recognized as such pursuant to all applicable laws; or (5) A place owned, operated, or rented by, or that is being made available for the use of, a non-profit community service or developmental organization, agency, or club, a charitable organization as defined in Section 1 of the Solicitation for Charity Act, a bona fide union, a bona fide political organization, a bona fide political action committee, or a bona fide fraternal, patriotic, military, veterans' professional, alumni, or youth organization, association, or club. (720 ILCS 5/48-10 new) Sec. 48-10. Promoting a criminal rave. (a) A person commits the offense of promoting a criminal rave if he or she manages or controls any building, room or area either as owner, lessee, agent, or employee on which a rave is conducted and, during the course of the rave, knowingly rents, leases or makes available for use, with or without consideration, that building, room, or area for the purpose of possessing, delivering, or using a controlled substance in violation of the Illinois Controlled Substances Act. (b) Sentence. Promoting a criminal rave is a Class 2 felony. (720 ILCS 5/48-15 new) Sec. 48-15. Aggravated promotion of a criminal rave. (a) Any person who violates Section 48-10 with knowledge that any person under the age of 18 is in attendance at the rave that was the subject of the violation without the permission of his or her parent or legal guardian commits the offense of aggravated promotion of a rave. (b) Sentence. Aggravated promotion of a rave is a Class 1 felony. (720 ILCS 5/48-20 new) Sec. 48-20. Forfeiture of property. (a) Any person who is convicted of a violation of Section 48-10 or Section 48-15 of this Article shall forfeit to the State of Illinois all proceeds received from the rave that was the subject of the violation. (b) Any person convicted of a violation of Section 48-10 or Section 48-15 of this Article shall forfeit to the State of Illinois all personal property used to facilitate the rave that was the subject of the violation. (720 ILCS 5/48-25 new) Sec. 48-25. Civil liability. Any person who is in violation of Section 48-15 of this Article shall be liable to the parent or legal guardian of an unemancipated minor under the age of 18 who attended the rave that was the subject of the violation in an amount not less than $5,000. If a controlled substance was delivered to the minor during the course of the rave, the person shall be liable to the parent or legal guardian of the minor in an amount not less than $10,000. If the minor suffers death or incurs any harm or injury as a result of having ingested a controlled substance obtained or ingested at the rave, the person shall be liable to the parent or legal guardian of the minor for all damages resulting from the death or injury and the court may award punitive damages.". 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 1117. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1117 AMENDMENT NO. 1. Amend Senate Bill 1117 on page 22, by replacing
[May 8, 2001] 80 lines 32 and 33 with the following: "(3) as amended by Public Act 91-478, which". 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 1128. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1128 AMENDMENT NO. 1. Amend Senate Bill 1128 by replacing everything after the enacting clause with the following: "Section 5. The Metropolitan Pier and Exposition Authority Act is amended by changing Section 5.1 as follows: (70 ILCS 210/5.1) (from Ch. 85, par. 1225.1) Sec. 5.1. Purchases. Purchases made under pursuant to this Act shall be made in compliance with the "Local Government Prompt Payment Act", approved by the Eighty-fourth General Assembly. (Source: P.A. 84-731.)". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was held on the order of Second Reading. SENATE BILL 1152. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Higher Education, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1152 AMENDMENT NO. 1. Amend Senate Bill 1152 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 21-25 as follows: (105 ILCS 5/21-25) (from Ch. 122, par. 21-25) Sec. 21-25. School service personnel certificate. (a) Subject to the provisions of Section 21-1a, a school service personnel certificate shall be issued to those applicants of good character, good health, a citizen of the United States and at least 19 years of age who have a Bachelor's degree with not fewer than 120 semester hours from a regionally accredited institution of higher learning and who meets the requirements established by the State Superintendent of Education in consultation with the State Teacher Certification Board. A school service personnel certificate with a school nurse endorsement may be issued to a person who holds a bachelor of science degree from an institution of higher learning accredited by the North Central Association or other comparable regional accrediting association. Persons seeking any other endorsement on the school service personnel certificate shall be recommended for the endorsement by a recognized teacher education institution as having completed a program of preparation approved by the State Superintendent of Education in consultation with the State Teacher Certification Board. (b) Until August 30, 2002, a school service personnel certificate endorsed for school social work may be issued to a student who has completed a school social work program that has not been approved by the State Superintendent of Education, provided that each of the following conditions is met: (1) The program was offered by a recognized, public teacher education institution that first enrolled students in its master's
81 [May 8, 2001] degree program in social work in 1998; (2) The student applying for the school service personnel certificate was enrolled in the institution's master's degree program in social work on or after May 11, 1998; (3) The State Superintendent verifies that the student has completed coursework that is substantially similar to that required in approved school social work programs, including (i) not fewer than 600 clock hours of a supervised internship in a school setting or (ii) if the student has completed part of a supervised internship in a school setting prior to the effective date of this amendatory Act of the 92nd General Assembly and receives the prior approval of the State Superintendent, not fewer than 300 additional clock hours of supervised work in a public school setting under the supervision of a certified school social worker who certifies that the supervised work was completed in a satisfactory manner; and (4) The student has passed a test of basic skills and the test of subject matter knowledge required by Section 21-1a. This subsection (b) does not apply after August 29, 2002. (c) A school service personnel Such certificate shall be endorsed with the area of Service as determined by the State Superintendent of Education in consultation with the State Teacher Certification Board. The holder of such certificate shall be entitled to all of the rights and privileges granted holders of a valid teaching certificate, including teacher benefits, compensation and working conditions. When the holder of such certificate has earned a master's degree, including 8 semester hours of graduate professional education from a recognized institution of higher learning, and has at least 2 years of successful school experience while holding such certificate, the certificate may be endorsed for supervision. (Source: P.A. 91-102, eff. 7-12-99.) Section 10. The Clinical Social Work and Social Work Practice Act is amended by adding Section 9.5 as follows: (225 ILCS 20/9.5 new) Sec. 9.5. Governors State University graduate; qualifications for licensure. (a) A person shall be qualified to be licensed as a clinical social worker and the Department shall issue a license authorizing the independent practice of clinical social work to an applicant provided: (1) the applicant has applied in writing on the prescribed form; (2) the applicant is of good moral character. In determining good moral character, the Department may take into consideration whether the applicant was engaged in conduct or actions that would constitute grounds for discipline under this Act; (3) the applicant demonstrates to the satisfaction of the Department that subsequent to securing a master's degree in social work from Governors State University in June 2001 the applicant has successfully completed at least 3,000 hours of satisfactory, supervised clinical professional experience; (4) the applicant has passed the examination for the practice of clinical social work as authorized by the Department; (5) Governors State University has become an accredited institution by an accrediting body approved by the Department and the applicant has successfully completed necessary supplemental coursework, which has been identified as a part of that accrediting process, or, after December 31, 2003, the Illinois Social Work Examining and Disciplinary Board determines an applicant's coursework to be satisfactorily completed at an accredited institution; and (6) the applicant has paid the required fees. (b) A person shall be qualified to be licensed as a social worker and the Department shall issue a license authorizing the practice of social work provided: (1) the applicant has applied in writing on the prescribed form; (2) the applicant is of good moral character. In determining
[May 8, 2001] 82 good moral character, the Department may take into consideration whether the applicant was engaged in conduct or actions that would constitute grounds for discipline under this Act; (3) the applicant has a graduate degree in social work from Governors State University; (4) the applicant has passed the examination for the practice of social work as a licensed social worker as authorized by the Department; (5) Governors State University has become an accredited institution by an accrediting body approved by the Department and the applicant has successfully completed necessary supplemental coursework, which has been identified as a part of that accrediting process, or, after December 31, 2003, the Illinois Social Work Examining and Disciplinary Board determines an applicant's coursework to be satisfactorily completed at an accredited institution; and (6) the applicant has paid the required fees. (c) A person shall be qualified to be licensed as a temporary social worker and the Department shall issue a temporary license authorizing the practice of social work provided: (1) the applicant has applied in writing on the prescribed form; (2) the applicant is of good moral character. In determining good moral character, the Department may take into consideration whether the applicant was engaged in conduct or actions that would constitute grounds for discipline under this Act; (3) the applicant has a graduate degree in social work from Governors State University; (4) the applicant has passed the examination for the practice of social work as a licensed social worker as authorized by the Department; and (5) the applicant has paid the required fees. For the purpose of this subsection a temporary license shall: (1) carry the same stature and privileges of a licensed social worker; (2) expire on December 31, 2004. (d) This Section is repealed January 1, 2005.". 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 1176. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1176 AMENDMENT NO. 1. Amend Senate Bill 1176 on page 1, line 6, after "2505-210", by inserting ", 2505-275,"; and on page 2, immediately below line 17, by inserting the following: "(20 ILCS 2505/2505-275) (was 20 ILCS 2505/39e) Sec. 2505-275. Tax overpayments. In the case of overpayment of any tax liability arising from an Act administered by the Department, the Department may credit the amount of the overpayment and any interest thereon against any final tax liability arising under that or any other Act administered by the Department. The Department may enter into agreements with the Secretary of the Treasury of the United States (or his or her delegate) to offset all or part of an overpayment of such a tax liability against any liability arising from a tax imposed under Title 26 of the United States Code. The Department may collect a fee from the Secretary of the Treasury of the United States (or his or her delegate) to cover the full cost of offsets taken, to the extent allowed by federal law.
83 [May 8, 2001] (Source: P.A. 91-239, eff. 1-1-00.)"; and on page 3, immediately below line 4, by inserting the following: "(c) The Department may issue the Secretary of the Treasury of the United States (or his or her delegate) notice, as required by Section 6402(e) of the Internal Revenue Code, of any past due, legally enforceable State income tax obligation of a taxpayer. The Department must notify the taxpayer that any fee charged to the State by the Secretary of the Treasury of the United States (or his or her delegate) under Internal Revenue Code Section 6402(e) is considered additional State income tax of the taxpayer with respect to whom the Department issued the notice, and is deemed assessed upon issuance by the Department of notice to the Secretary of the Treasury of the United States (or his or her delegate) under Section 6402(e) of the Internal Revenue Code; a notice of additional State income tax is not considered a notice of deficiency, and the taxpayer has no right of protest."; and on page 3, line 7, after "601.1", by inserting "and adding Section 911.2"; and on page 5, immediately below line 5, by inserting the following: "(35 ILCS 5/911.2 new) Sec. 911.2. Refunds withheld; tax claims of other states. (a) Definitions. In this Section the following terms have the meanings indicated. "Claimant state" means any state or the District of Columbia that requests the withholding of a refund pursuant to this Section and that extends a like comity for the collection of taxes owed to this State. "Income tax" means any amount of income tax imposed on taxpayers under the laws of the State of Illinois or the claimant state, including additions to tax for penalties and interest. "Refund" means a refund of overpaid income taxes imposed by the State of Illinois or the claimant state. "Tax officer" means a unit or official of the claimant state, or the duly authorized agent of that unit or official, charged with the imposition, assessment, or collection of state income taxes. "Taxpayer" means any person identified by a claimant state under this Section as owing taxes to that claimant state, and in the case of a refund arising from the filing of a joint return, the taxpayer's spouse. (b) In general. Except as provided in subsection (c) of this Section, a tax officer may: (1) certify to the Director the existence of a taxpayer's delinquent income tax liability; and (2) request the Director to withhold any refund to which the taxpayer is entitled. (c) Comity. A tax officer may not certify or request the Director to withhold a refund unless the laws of the claimant state: (1) allow the Director to certify an income tax liability; (2) allow the Director to request the tax officer to withhold the taxpayer's tax refund; and (3) provide for the payment of the refund to the State of Illinois. (d) Certification. A certification by a tax officer to the Director shall include: (1) the full name and address of the taxpayer and any other names known to be used by the taxpayer; (2) the social security number or federal tax identification number of the taxpayer; (3) the amount of the income tax liability; and (4) a statement that all administrative and judicial remedies and appeals have been exhausted or have lapsed and that the assessment of tax, interest, and penalty has become final. (e) Notification. As to any taxpayer due a refund, the Director shall: (1) notify the taxpayer that a claimant state has provided certification of the existence of an income tax liability; (2) inform the taxpayer of the tax liability certified, including a detailed statement for each taxable year showing tax,
[May 8, 2001] 84 interest, and penalty; (3) inform the taxpayer that failure to file a protest in accordance with subsection (f) of this Section shall constitute a waiver of any demand against this State for the amount certified and will result in payment to the claimant state as provided in subsection (i) of this Section; (4) provide the taxpayer with notice of an opportunity to request a hearing to challenge the certification; and (5) inform the taxpayer that the hearing may be requested (i) pursuant to Section 910 of this Act, or (ii) with the tax officer, in accordance with the laws of the claimant state. (f) Protest of withholding. A taxpayer may protest the withholding of a refund pursuant to Section 910 of this Act (except that the protest shall be filed within 30 days after the date of the Director's notice of certification pursuant to subsection (e) of this Section). If a taxpayer files a timely protest, the Director shall: (1) suspend the proposed withholding and impound the claimed amount of the refund; (2) pay to the taxpayer the unclaimed amount of the refund, if any; (3) send a copy of the protest to the claimant state for determination of the protest on its merits in accordance with the laws of that state; and (4) pay over to the taxpayer the impounded amount if the claimant state shall fail, within 45 days after the date of the protest, to re-certify to the Director (i) that the claimant state has reviewed the issues raised by taxpayer, (ii) that all administrative and judicial remedies provided under the laws of that state have been exhausted, and (iii) the amount of the income tax liability finally determined to be due. (g) Certification as prima facie evidence. If the taxpayer requests a hearing pursuant to Section 910 of this Act, the certification of the tax officer shall be prima facie evidence of the correctness of the taxpayer's delinquent income tax liability to the certifying state. (h) Rights of spouses to refunds from joint returns. If a certification is based upon the tax debt of only one taxpayer and if the refund is based upon a joint personal income tax return, the nondebtor spouse shall have the right to: (1) notification, as provided in subsection (e) of this Section; (2) protest, as to the withholding of such spouse's share of the refund, as provided in subsection (f) of this Section; and (3) payment of his or her share of the refund, provided the amount of the overpayment refunded to the spouse shall not exceed the amount of the joint overpayment. (i) Withholding and payment of refund. Subject to the taxpayer's rights of notice and protest, upon receipt of a request for withholding in accordance with subsection (b) of this Section, the Director shall: (1) withhold any refund that is certified by the tax officer; (2) pay to the claimant state the entire refund or the amount certified, whichever is less; (3) pay any refund in excess of the amount certified to the taxpayer; and (4) if a refund is less than the amount certified, withhold amounts from subsequent refunds due the taxpayer, if the laws of the claimant state provide that the claimant state shall withhold subsequent refunds of taxpayers certified to that state by the Director. (j) Determination that withholding cannot be made. After receiving a certification from a tax officer, the Director shall notify the claimant state if the Director determines that a withholding cannot be made. (k) Director's authority. The Director shall have the authority to enter into agreements with the tax officers of claimant state relating to:
85 [May 8, 2001] (1) procedures and methods to be employed by a claimant state with respect to the operation of this Section; (2) safeguards against the disclosure or inappropriate use of any information obtained or maintained pursuant to this Section that identifies, directly or indirectly, a particular taxpayer; (3) a minimum tax debt, amounts below which, in light of administrative expenses and efficiency, shall, in the Director's discretion, not be subject to the withholding procedures set forth in this Section. (l) Remedy not exclusive. The collection procedures prescribed by this Section are in addition to, and not in substitution for, any other remedy available by law.". 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 1276. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1276 AMENDMENT NO. 1. Amend Senate Bill 1276 as follows: on page 1, line 10, by changing "17" to "19"; and on page 1, line 31, by deleting "and"; and on page 2, line 2, by changing "." to ";"; and on page 2 by inserting between lines 2 and 3 the following: "(11) a representative of the Illinois State Council of Senior Citizens; and (12) a representative of the Illinois Association of Area Agencies on Aging.". 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 1305. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1305 AMENDMENT NO. 1. Amend Senate Bill 1305 on page 12, line 19, by deleting "whether"; and on page 12, lines 20 and 21, by deleting "or otherwise". 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. At the hour of 4:55 o'clock p.m., Representative Lang moved that the House do now adjourn until Wednesday, May 9, 2001, at 11:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[May 8, 2001] 86 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 08, 2001 0 YEAS 0 NAYS 116 PRESENT P ACEVEDO P FEIGENHOLTZ P LEITCH P PERSICO P BASSI P FLOWERS P LINDNER P POE P BEAUBIEN P 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 P BOLAND P GILES P McAULIFFE P 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 P SMITH P BUGIELSKI P HOEFT P MILLER E 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 P STROGER P COULSON P HULTGREN P MOORE P TENHOUSE P COWLISHAW P JEFFERSON P MORROW P TURNER,ART P CROSS P JOHNSON P MULLIGAN P 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 P DANIELS P KENNER P O'BRIEN P WIRSING P DART P KLINGLER P 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
87 [May 8, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 133 LIMITED LIABILITY CO-MEDICAL THIRD READING PASSED MAY 08, 2001 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE A COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING E DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 88 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 405 AG-SWINE MARKET DEVELOPMNT ACT THIRD READING PASSED MAY 08, 2001 109 YEAS 0 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE A COWLISHAW P JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING E DART Y KLINGLER Y O'CONNOR A WOJCIK P 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
89 [May 8, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 233 CRIM CD-STLKNG-ELECTRNC MEANS THIRD READING PASSED MAY 08, 2001 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE A COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING E DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 90 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 286 DPH-DEMENTIA ADVISORY COM THIRD READING PASSED MAY 08, 2001 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE A COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING E DART Y KLINGLER Y O'CONNOR A 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
91 [May 8, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 289 PROFESSNL ENGINEERING PRACTICE THIRD READING PASSED MAY 08, 2001 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE A COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING E DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 92 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 318 DETECTION OF DECEPTION-SUNSET THIRD READING PASSED MAY 08, 2001 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE A COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING E DART Y KLINGLER Y O'CONNOR A 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
93 [May 8, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 325 SCH CD-REGION BD TRUSTEES-MEET THIRD READING PASSED MAY 08, 2001 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE A COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING E DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 94 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 390 HLTH CARE SURROGATE-CONTACTS THIRD READING PASSED MAY 08, 2001 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE A COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING E DART Y KLINGLER Y O'CONNOR A 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
95 [May 8, 2001] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 394 ENVIRONMENTAL PROTECT-FEES THIRD READING PASSED MAY 08, 2001 69 YEAS 38 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO N BASSI Y FLOWERS Y LINDNER N POE Y BEAUBIEN N FORBY Y LYONS,EILEEN Y REITZ N BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS N FRANKS N MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN N BLACK N GARRETT N MAY N RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG N BRADY Y HANNIG Y McKEON N SCULLY N BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH E BUGIELSKI Y HOEFT P MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD N MOFFITT Y STROGER N COULSON Y HULTGREN Y MOORE N TENHOUSE A COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN N TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK A WINTERS Y DANIELS Y KENNER Y O'BRIEN N WIRSING E DART A KLINGLER N O'CONNOR A WOJCIK Y DAVIS,MONIQUE N KOSEL Y OSMOND Y YARBROUGH N DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU N ZICKUS Y DURKIN P LANG Y PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
[May 8, 2001] 96 NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 403 CHILD PASSENGER PROTECT-FINE THIRD READING PASSED MAY 08, 2001 110 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER A POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO P CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING A DART Y KLINGLER Y O'CONNOR A 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
97 [May 8, 2001] NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 434 COMMUNITY MNTL HLTH-RELEASEE THIRD READING PASSED MAY 08, 2001 110 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER A POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER A O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A WOJCIK Y DAVIS,MONIQUE Y KOSEL A 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
[May 8, 2001] 98 NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 487 SCH CD-SELL PROPERTY TO TENANT THIRD READING PASSED MAY 08, 2001 86 YEAS 25 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH N PERSICO Y BASSI Y FLOWERS N LINDNER A POE Y BEAUBIEN Y FORBY N LYONS,EILEEN Y REITZ N BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BERNS Y FRANKS Y MATHIAS N RUTHERFORD N BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY N RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG N BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH E BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON N HULTGREN Y MOORE N TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS N JOHNSON A MULLIGAN N TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS N DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER N O'CONNOR A WOJCIK Y DAVIS,MONIQUE N KOSEL A OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO N KURTZ N PANKAU N ZICKUS N DURKIN Y LANG N PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
99 [May 8, 2001] NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 500 SENIOR CITIZENS-VICTIMIZER DA THIRD READING PASSED MAY 08, 2001 112 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER A POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 100 NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 534 HEARNG INSTRMNTS APPLICTN-DATE THIRD READING PASSED MAY 08, 2001 112 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER A POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
101 [May 8, 2001] NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 635 LIBRARIES-TASK FORCE THIRD READING PASSED MAY 08, 2001 112 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER A POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 102 NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 686 CRIM CD-DOMESTIC BATTERY-TECH THIRD READING PASSED MAY 08, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
103 [May 8, 2001] NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 721 CIV PRO-PROCESS-DETECTIVE THIRD READING PASSED MAY 08, 2001 86 YEAS 24 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI N FLOWERS Y LINDNER Y POE Y BEAUBIEN N FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH Y RIGHTER N BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN Y BLACK N GARRETT N MAY Y RYDER N BOLAND N GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON N SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH E BUGIELSKI Y HOEFT N MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS N COLLINS N HOWARD Y MOFFITT Y STROGER N COULSON Y HULTGREN N MOORE Y TENHOUSE Y COWLISHAW N JEFFERSON P MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y TURNER,JOHN N CROTTY N JONES,JOHN P MURPHY Y WAIT Y CURRIE P JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A WOJCIK N DAVIS,MONIQUE N 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 N ERWIN Y LAWFER E - Denotes Excused Absence
[May 8, 2001] 104 NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 727 VEH CD-DUI-EVALUATIONS THIRD READING PASSED MAY 08, 2001 112 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS A COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
105 [May 8, 2001] NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 800 HWY CD-DISTRICT ROAD TAXES THIRD READING PASSED MAY 08, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 106 NO. 21 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 867 INS LONG TERM CARE THIRD READING PASSED MAY 08, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
107 [May 8, 2001] NO. 22 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 938 DOMEST VIOLNCE-FAMILY-CAREGIVR THIRD READING PASSED MAY 08, 2001 110 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI A FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 A BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON A MULLIGAN Y TURNER,JOHN A 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 108 NO. 23 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1017 911-COMP OUTGE-FIRE PROTECT OR THIRD READING PASSED MAY 08, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
109 [May 8, 2001] NO. 24 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 817 MEDICAID BUY-IN REVOLVING FUND THIRD READING PASSED MAY 08, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 110 NO. 25 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1046 CONDOMINIUM-INSURANC-RISK POOL THIRD READING PASSED MAY 08, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND A GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
111 [May 8, 2001] NO. 26 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1065 FIREARMS TRANSFER THIRD READING PASSED MAY 08, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND A GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
[May 8, 2001] 112 NO. 27 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1080 CD CORR-CONSECUTIVE SENTENCE THIRD READING PASSED MAY 08, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
113 [May 8, 2001] NO. 28 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1081 CHILD CARE DISABILITY TRAINING THIRD READING PASSED MAY 08, 2001 105 YEAS 9 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY N RYDER Y BOLAND Y GILES Y McAULIFFE Y 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 N HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN N TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN N WIRSING Y DART Y KLINGLER Y O'CONNOR A 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 N LAWFER E - Denotes Excused Absence
[May 8, 2001] 114 NO. 29 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1166 SAVANNA ARMY DEPOT RETROCESSN THIRD READING PASSED MAY 08, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH E BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
115 [May 8, 2001] NO. 30 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1517 CD CORR-STATIONS-TECH THIRD READING PASSED MAY 08, 2001 96 YEAS 11 NAYS 6 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY A LYONS,EILEEN N REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY N RYDER Y BOLAND P GILES Y McAULIFFE Y SAVIANO N 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 N HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH E BUGIELSKI Y HOEFT P MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS P COLLINS P HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON P MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU N MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN N WIRSING Y DART Y KLINGLER Y O'CONNOR A WOJCIK Y DAVIS,MONIQUE Y KOSEL N OSMOND P 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 N LAWFER E - Denotes Excused Absence
[May 8, 2001] 116 NO. 31 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 30 VEH CD-INSPECTION DAMAGE-SUIT THIRD READING PASSED MAY 08, 2001 112 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW A TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN A MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY A JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A 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
117 [May 8, 2001] NO. 32 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 510 VEH CD-DIPLOMATIC IMMUNITY THIRD READING PASSED MAY 08, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y 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 Y BOLAND Y GILES Y McAULIFFE Y 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 Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E 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 Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y 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 Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR A WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND A 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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