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STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
60TH LEGISLATIVE DAY
THURSDAY, MAY 17, 2001
11:00 O'CLOCK A.M.
NO. 60
[May 17, 2001] 2
HOUSE OF REPRESENTATIVES
Daily Journal Index
60th Legislative Day
Action Page(s)
Adjournment........................................ 73
Committee on Rules Referrals....................... 4
Extending the Deadline............................. 4
Fiscal Note Requested.............................. 5
Quorum Roll Call................................... 4
State Debt Impact Note Supplied.................... 5
State Mandates Note Note Supplied.................. 5
Bill Number Legislative Action Page(s)
HB 0012 Motion Submitted................................... 5
HB 0176 Motion Submitted................................... 5
HB 0382 Motion Submitted................................... 5
HB 0859 Motion............................................. 36
HB 0859 Motion Submitted................................... 4
HB 0859 Recall............................................. 36
HB 0859 Third Reading...................................... 35
HB 0859 Third Reading...................................... 36
HB 0863 Motion Submitted................................... 5
HB 1030 Motion Submitted................................... 5
HB 1815 Third Reading...................................... 35
HB 1915 Motion Submitted................................... 5
HB 2259 Motion Submitted................................... 5
HB 2295 Motion Submitted................................... 5
HB 2300 Motion Submitted................................... 5
HB 3192 Motion Submitted................................... 5
HJR 0024 Committee Report................................... 8
HJR 0032 Committee Report................................... 10
HJR 0033 Committee Report................................... 7
HJR 0034 Committee Report................................... 9
HJR 0040 Committee Report................................... 10
HJR 0043 Adoption........................................... 37
HR 0032 Committee Report................................... 10
HR 0040 Committee Report................................... 10
HR 0122 Committee Report................................... 9
HR 0200 Committee Report................................... 8
HR 0207 Committee Report................................... 7
HR 0233 Committee Report................................... 10
HR 0240 Committee Report................................... 9
HR 0258 Committee Report................................... 9
HR 0263 Committee Report................................... 8
HR 0264 Committee Report................................... 8
HR 0265 Committee Report................................... 7
HR 0284 Committee Report................................... 7
HR 0288 Committee Report................................... 10
SB 0042 Third Reading...................................... 10
SB 0101 Third Reading...................................... 11
SB 0163 Recall............................................. 12
SB 0326 Third Reading...................................... 12
SB 0371 Third Reading...................................... 11
SB 0385 Second Reading - Amendment/s....................... 37
SB 0417 Committee Report................................... 10
SB 0417 Second Reading - Amendment/s....................... 36
SB 0627 Third Reading...................................... 11
SB 0629 Second Reading - Amendment/s....................... 13
SB 0629 Third Reading...................................... 35
SB 0636 Extend Deadline.................................... 4
3 [May 17, 2001]
Bill Number Legislative Action Page(s)
SB 0833 Second Reading..................................... 13
SB 0834 Second Reading..................................... 13
SB 0835 Third Reading...................................... 11
SB 0836 Third Reading...................................... 12
SB 0837 Third Reading...................................... 11
SB 0838 Third Reading...................................... 37
SB 0840 Third Reading...................................... 37
SB 0842 Third Reading...................................... 37
SB 0852 Second Reading..................................... 13
SB 0858 Second Reading - Amendment/s....................... 34
SB 0868 Third Reading...................................... 35
SB 0873 Third Reading...................................... 12
SB 0880 Second Reading..................................... 13
SB 0884 Second Reading..................................... 13
SB 0898 Second Reading - Amendment/s....................... 34
SB 0984 Second Reading - Amendment/s....................... 34
SB 1032 Third Reading...................................... 10
SB 1109 Third Reading...................................... 12
SB 1128 Second Reading..................................... 35
SB 1305 Third Reading...................................... 11
SB 1329 Third Reading...................................... 12
[May 17, 2001] 4
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Pastor Bob Herath of the First United Methodist Church in
Decatur, Illinois.
Representative Giles led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain the
attendance of Members, as follows:
115 present. (ROLL CALL 1)
By unanimous consent, Representatives Shirley Jones, Sommer and
Stephens were excused from attendance.
EXTENDING THE DEADLINE
GENERAL ASSEMBLY
STATE OF ILLINOIS
MICHAEL J. MADIGAN ROOM 300
SPEAKER STATE HOUSE
HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706
May 10, 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 to May 25, 2001 for the following Senate Bill:
Senate Bill: 636
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
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Elementary & Secondary Education: SENATE BILL 636.
MOTIONS
SUBMITTED
Representative Saviano submitted the following written motion,
which was placed on the order of Motions:
MOTION
Pursuant to Rule 61, and having voted on the prevailing side, I
move to reconsider the vote by which House Bill No. 859 passed the
House earlier today.
JOINT ACTION MOTIONS SUBMITTED
5 [May 17, 2001]
Representative Mathias 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 12.
Representative Hoffman submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
BILL 176.
Representative Saviano 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 382.
Representative Osterman 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 863.
Representative Persico 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 1030.
Representative Murphy 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 1915.
Representative Reitz 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 2259.
Representative Bellock 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 2295.
Representative Wait 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 2300.
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 3192.
REQUEST FOR FISCAL NOTE
Representative Black requested that a Fiscal Note be supplied for
SENATE BILL 417, as amended.
STATE MANDATES NOTE NOTE SUPPLIED
A State Mandates Note Note has been supplied for SENATE BILL 356.
STATE DEBT IMPACT NOTE SUPPLIED
A State Debt Impact Note has been supplied for SENATE BILL 22, as
[May 17, 2001] 6
amended.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House in the passage of bills of
the following titles to-wit:
HOUSE BILL NO. 250
A bill for AN ACT in relation to public employee benefits.
HOUSE BILL NO. 254
A bill for AN ACT in relation to public employee benefits.
HOUSE BILL NO. 266
A bill for AN ACT in relation to public employee benefits.
HOUSE BILL NO. 267
A bill for AN ACT in relation to public employee benefits.
HOUSE BILL NO. 513
A bill for AN ACT to amend the Illinois Pension Code by changing
Section 14-104.
HOUSE BILL NO. 579
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 18c-7402 and adding Section 18c-7402.1.
HOUSE BILL NO. 1051
A bill for AN ACT concerning payable on death accounts.
HOUSE BILL NO. 1551
A bill for AN ACT concerning public health and safety.
HOUSE BILL NO. 2220
A bill for AN ACT concerning rights and remedies.
HOUSE BILL NO. 2376
A bill for AN ACT in relation to banking.
HOUSE BILL NO. 2425
A bill for AN ACT with regard to education.
HOUSE BILL NO. 2847
A bill for AN ACT in relation to criminal law.
HOUSE BILL NO. 3008
A bill for AN ACT concerning credit unions.
HOUSE BILL NO. 3095
A bill for AN ACT in relation to aeronautics.
HOUSE BILL NO. 3194
A bill for AN ACT concerning the regulation of professions.
HOUSE BILL NO. 3203
A bill for AN ACT concerning the Department of Commerce and
Community Affairs.
HOUSE BILL NO. 3375
A bill for AN ACT concerning state facilities.
7 [May 17, 2001]
Passed by the Senate, May 17, 2001.
Jim Harry, Secretary of the Senate
REPORTS FROM STANDING COMMITTEES
Representative McGuire, Chairperson, from the Committee on Aging to
which the following were referred, action taken on May 16, 2001, and
reported the same back with the following recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE JOINT RESOLUTION 33.
The committee roll call vote on HOUSE JOINT RESOLUTION 33 is as
follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y McGuire, Chair Y Lyons, Joseph
Y Berns Y Mendoza
Y Coulson, Spkpn Y Mitchell, Jerry
A Cowlishaw Y Moffitt
Y Forby A Persico
Y Franks, V-Chair Y Ryan
A Garrett A Saviano
Y Giles A Scott
A Lawfer Y Soto (Bradley)
A Wait
Representative McCarthy, Chairperson, from the Committee on Child
Support Enforcement to which the following were referred, action taken
on May 16, 2001, and reported the same back with the following
recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE RESOLUTION 284.
The committee roll call vote on HOUSE RESOLUTION 284 is as follows:
5, Yeas; 0, Nays; 0, Answering Present.
Y McCarthy, Chair A Curry, Julie
Y Bassi A Hamos
Y Black Y Lyons, Eileen
A Crotty, V-Chair Y Mitchell, Jerry
A O'Brien
Representative Crotty, Chairperson, from the Committee on Children
& Youth to which the following were referred, action taken on May 16,
2001, and reported the same back with the following recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE RESOLUTION 265.
The committee roll call vote on HOUSE RESOLUTION 265 is as follows:
5, Yeas; 0, Nays; 0, Answering Present.
Y Crotty, Chair Y May
A Flowers A Mulligan
Y Howard, V-Chair (Joseph Lyons) A Myers, Richard
A Klingler, Spkpn Y Ryan
Y Wirsing
Representative Howard, Chairperson, from the Committee on Computer
Technology to which the following were referred, action taken on May
16, 2001, and reported the same back with the following
recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar: HOUSE RESOLUTION 207.
The committee roll call vote on HOUSE RESOLUTION 207 is as follows:
[May 17, 2001] 8
7, Yeas; 0, Nays; 0, Answering Present.
Y Howard, Chair Y Mathias
A Hamos A O'Connor
Y Hoffman A Parke
Y Klingler A Righter, Spkpn
Y Lang Y Stroger
Y Yarbrough
Representative Steve Davis, Chairperson, from the Committee on
Constitutional Officers to which the following were referred, action
taken on May 16, 2001, and reported the same back with the following
recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE RESOLUTION 263.
The committee roll call vote on HOUSE RESOLUTION 263 is as follows:
7, Yeas; 0, Nays; 0, Answering Present.
Y Davis, Steve, Chair Y Crotty, V-Chair
Y Bassi Y Holbrook
A Bost A Kosel, Spkpn
Y Brosnahan Y Mathias
Y McGuire (Fowler)
Representative Slone, Chairperson, from the Committee on
Conservation & Land Use to which the following were referred, action
taken on May 16, 2001, and reported the same back with the following
recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE RESOLUTION 264.
That the resolution be reported "recommends be adopted as amended"
and be placed on the House Calendar--Short Debate: HOUSE RESOLUTION
200.
The committee roll call vote on HOUSE RESOLUTION 264 is as follows:
5, Yeas; 0, Nays; 3, Answering Present.
Y Slone, Chair A O'Connor
Y Acevedo Y Osterman
P Hassert P Parke
Y May Y Scully, V-Chair
P Winters, Spkpn
The committee roll call vote on HOUSE RESOLUTION 200 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Slone, Chair A O'Connor
Y Acevedo Y Osterman
Y Hassert Y Parke
Y May Y Scully, V-Chair
Y Winters, Spkpn
Representative Giles, Chairperson, from the Committee on Elementary
& Secondary Education to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE JOINT RESOLUTION 24.
The committee roll call vote on HOUSE JOINT RESOLUTION 24 is as
follows:
17, Yeas; 0, Nays; 0, Answering Present.
Y Giles, Chair A Johnson
Y Bassi Y Kosel
Y Collins Y Krause
9 [May 17, 2001]
A Cowlishaw, Spkpn Y Miller
Y Crotty Y Mitchell, Jerry
Y Davis, Monique, V-Chair Y Moffitt
Y Delgado Y Mulligan
Y Fowler A Murphy
Y Garrett Y Osterman
Y Hoeft A Smith, Michael
A Winkel
Representative Feigenholtz, Chairperson, from the Committee on
Human Services to which the following were referred, action taken on
May 16, 2001, and reported the same back with the following
recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE JOINT RESOLUTION 34.
That the resolution be reported "recommends be adopted as amended"
and be placed on the House Calendar--Short Debate: HOUSE RESOLUTION
122.
The committee roll call vote on HOUSE JOINT RESOLUTION 34 is as
follows:
6, Yeas; 0, Nays; 1, Answering Present.
Y Feigenholtz, Chair A Myers, Richard
A Bellock, Spkpn Y Schoenberg, V-Chair
Y Flowers Y Soto
Y Howard Y Winters
P Wirsing
The committee roll call vote on HOUSE RESOLUTION 122 is as follows:
7, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair A Myers, Richard
A Bellock, Spkpn Y Schoenberg, V-Chair
Y Flowers Y Soto
Y Howard Y Winters
Y Wirsing
Representative O'Brien, Chairperson, from the Committee on
Judiciary II - Criminal Law to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE RESOLUTION 240.
The committee roll call vote on HOUSE RESOLUTION 240 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y O'Brien, Chair Y Johnson
Y Bradley A Jones, Lou
A Brady Y Lindner
Y Brosnahan, V-Chair A Smith, Michael
Y Brunsvold A Turner, John
Y Delgado A Wait
Y Winkel, Spkpn
Representative Saviano, Chairperson, from the Committee on
Registration & Regulation to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the resolution be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE RESOLUTION 258.
The committee roll call vote on HOUSE RESOLUTION 258 is as follows:
14, Yeas; 0, Nays; 0, Answering Present.
Y Saviano, Chair Y Klingler
[May 17, 2001] 10
A Boland Y Kosel
Y Bradley (Mautino) Y Lyons, Eileen
A Brunsvold A Mitchell, Bill
Y Bugielski Y Novak
Y Burke Y Osmond (Myers)
Y Coulson A Reitz
A Crotty A Stephens
Y Davis, Steve Y Winters
A Fritchey, V-Chair Y Wojcik
Y Zickus, Spkpn
Representative Joseph Lyons, Chairperson, from the Committee on
Revenue to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: SENATE BILL 417.
The committee roll call vote on SENATE BILL 417 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Lyons, Joseph, Chair Y Kenner, V-Chair
Y Beaubien Y Lyons, Eileen
Y Biggins Y McGuire
Y Currie Y Moore, Spkpn
Y Granberg Y Pankau
Y Turner, Art
Representative Kenner, Chairperson, from the Committee on State
Government Administration to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the resolutions be reported "recommends be adopted" and be
placed on the House Calendar--Short Debate: HOUSE RESOLUTIONS 233 and
288; HOUSE JOINT RESOLUTIONS 32 and 40.
The committee roll call vote on HOUSE RESOLUTION 233, 288 and HOUSE
JOINT RESOLUTION 32, 40 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Kenner, Chair Y Franks
Y Collins, V-Chair Y O'Connor, Spkpn
Y Forby Y Pankau
Y Fowler Y Righter
Y Wirsing
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 Madigan, SENATE BILL 1032 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 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 Moffitt, SENATE BILL 42 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:
11 [May 17, 2001]
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
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 101 was taken up and
read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 4)
This bill, 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 Daniels, SENATE BILL 371 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 5)
This bill, 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 Daniels, SENATE BILL 627 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:
87, Yeas; 27, Nays; 1, 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 Poe, SENATE BILL 837 was taken up and
read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 7)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Feigenholtz, SENATE BILL 1305 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 8)
This bill, 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 Mautino, SENATE BILL 835 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 9)
[May 17, 2001] 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 Mautino, SENATE BILL 836 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 10)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative May, SENATE BILL 326 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:
62, Yeas; 51, Nays; 2, Answering Present.
(ROLL CALL 11)
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 Winters, SENATE BILL 873 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 12)
This bill, 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 Hannig, SENATE BILL 1109 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 13)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Parke, SENATE BILL 1329 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 14)
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.
RECALLS
By unanimous consent, on motion of Representative Moore, SENATE
BILL 163 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON SECOND READING
13 [May 17, 2001]
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 833, 834, 852, 880 and 884.
SENATE BILL 629. Having been read by title a second time on May
16, 2001, and held on the order of Second Reading, the same was again
taken up.
AMENDMENT NO. 1 TO SENATE BILL 629
AMENDMENT NO. 1. Amend Senate Bill 629 by replacing everything
after the enacting clause with the following:
"Section 5. The Humane Care for Animals Act is amended by changing
Sections 2.01a, 2.07, 4.01, 4.02, 4.03, 4.04, 10, 12, and 16 and by
adding Sections 2.01b, 2.01c, 2.01d, 2.09, 2.10, 3.04, 3.05, 3.06,
16.1, 16.2, 16.3, and 16.4 as follows:
(510 ILCS 70/2.01a)
Sec. 2.01a. Companion animal. "Companion animal" means an animal
that is commonly considered to be, or is considered by the owner to be
to be used as, a pet. "Companion animal" includes, but is not limited
to, canines, felines, and equines.
(Source: P.A. 88-600, eff. 9-1-94.)
(510 ILCS 70/2.01b new)
Sec. 2.01b. Exigent circumstances. "Exigent circumstances" means
a licensed veterinarian cannot be secured without undue delay and, in
the opinion of the animal control or humane agency, the animal is so
severely injured, diseased, or suffering that it is unfit for any
useful purpose and to delay humane euthanasia would continue to cause
the animal extreme suffering.
(510 ILCS 70/2.01c new)
Sec. 2.01c. Service animal. "Service animal" means an animal
trained in obedience and task skills to meet the needs of a disabled
person.
(510 ILCS 70/2.01d new)
Sec. 2.01d. Search and rescue dog. "Search and rescue dog" means
any dog that is trained or is certified to locate persons lost on land
or in water.
(510 ILCS 70/2.07) (from Ch. 8, par. 702.07)
Sec. 2.07. Person. "Person" means any individual, minor, firm,
corporation, partnership, other business unit, society, association, or
other legal entity, any public or private institution, the State of
Illinois, or any municipal corporation or political subdivision of the
State.
(Source: P.A. 78-905.)
(510 ILCS 70/2.09 new)
Sec. 2.09. Humanely euthanized. "Humanely euthanized" means the
painless administration of a lethal dose of an agent or method of
euthanasia as prescribed in the Report of the American Veterinary
Medical Association Panel on Euthanasia published in the Journal of the
American Veterinary Medical Association, March 1, 2001 (or any
successor version of that Report), that causes the painless death of an
animal. Animals must be handled prior to administration of the agent or
method of euthanasia in a manner to avoid undue apprehension by the
animal.
(510 ILCS 70/2.10 new)
Sec. 2.10. Companion animal hoarder. "Companion animal hoarder"
means a person who (i) possesses a large number of companion animals;
(ii) fails to or is unable to provide what he or she is required to
provide under Section 3 of this Act; (iii) keeps the companion animals
in a severely overcrowded environment; and (iv) displays an inability
to recognize or understand the nature of or has a reckless disregard
for the conditions under which the companion animals are living and the
deleterious impact they have on the companion animals' and owner's
health and well-being.
(510 ILCS 70/3.04 new)
Sec. 3.04. Arrests and seizures.
[May 17, 2001] 14
(a) Any law enforcement officer making an arrest for an offense
involving one or more animals under Section 3.01, 3.02, or 3.03 of this
Act may lawfully take possession of all animals in the possession of
the person arrested. The officer, after taking possession of the
animals, must file with the court before whom the complaint is made
against any person so arrested an affidavit stating the name of the
person charged in the complaint, a description of the condition of the
animal or animals taken, and the time and place the animal or animals
were taken, together with the name of the person from whom the animal
or animals were taken and name of the person who claims to own the
animal or animal if different from the person from whom the animal or
animals were seized. He or she must at the same time deliver an
inventory of the animal or animals taken to the court of competent
jurisdiction. The officer must place the animal or animals in the
custody of an animal control or humane agency and the agency must
retain custody of the animal or animals subject to an order of the
court adjudicating the charges on the merits and before which the
person complained against is required to appear for trial. The State's
Attorney may, within 14 days after the seizure, file a "petition for
forfeiture prior to trial" before the court having criminal
jurisdiction over the alleged charges, asking for permanent forfeiture
of the companion animals seized. The petition shall be filed with the
court, with copies served on the impounding agency, the owner, and
anyone claiming an interest in the animals. In a "petition for
forfeiture prior to trial", the burden is on the prosecution to prove
by a preponderance of the evidence that the person arrested violated
Section 3.01, 3.02, 3.03, or 4.01.
(b) An owner whose animal or animals are removed by a law
enforcement officer under this Section must be given written notice of
the circumstances of the removal and of any legal remedies available to
him or her. The notice must be posted at the place of seizure, or
delivered to a person residing at the place of seizure or, if the
address of the owner is different from the address of the person from
whom the animal or animals were seized, delivered by registered mail to
his or her last known address.
(510 ILCS 70/3.05 new)
Sec. 3.05. Security for companion animals and animals used for
fighting purposes.
(a) In the case of companion animals as defined in Section 2.01a
or animals used for fighting purposes pursuant to Section 4.01, the
animal control or humane agency having custody of the animal or animals
may file a petition with the court requesting that the person from whom
the animal or animals are seized, or the owner of the animal or
animals, be ordered to post security. The security must be in an
amount sufficient to secure payment of all reasonable expenses expected
to be incurred by the animal control or humane agency in caring for and
providing for the animal or animals pending the disposition of the
charges. Reasonable expenses include, but are not limited to,
estimated medical care and boarding of the animal or animals for 30
days. The amount of the security shall be determined by the court after
taking into consideration all of the facts and circumstances of the
case, including, but not limited to, the recommendation of the
impounding organization having custody and care of the seized animal or
animals and the cost of caring for the animal or animals. If security
has been posted in accordance with this Section, the animal control or
humane agency may draw from the security the actual costs incurred by
the agency in caring for the seized animal or animals.
(b) Upon receipt of a petition, the court must set a hearing on
the petition, to be conducted within 5 business days after the petition
is filed. The petitioner must serve a true copy of the petition upon
the defendant and the State's Attorney for the county in which the
animal or animals were seized. The petitioner must also serve a true
copy of the petition on any interested person. For the purposes of
this subsection, "interested person" means an individual, partnership,
firm, joint stock company, corporation, association, trust, estate, or
other legal entity that the court determines may have a pecuniary
15 [May 17, 2001]
interest in the animal or animals that are the subject of the petition.
The court must set a hearing date to determine any interested parties.
The court may waive for good cause shown the posting of security.
(c) If the court orders the posting of security, the security must
be posted with the clerk of the court within 5 business days after the
hearing. If the person ordered to post security does not do so, the
animal or animals are forfeited by operation of law and the animal
control or humane agency having control of the animal or animals must
dispose of the animal or animals through adoption or must humanely
euthanize the animal. In no event may the defendant or any person
residing in the defendant's household adopt the animal or animals.
(d) The impounding organization may file a petition with the court
upon the expiration of the 30-day period requesting the posting of
additional security. The court may order the person from whom the
animal or animals were seized, or the owner of the animal or animals,
to post additional security with the clerk of the court to secure
payment of reasonable expenses for an additional period of time pending
a determination by the court of the charges against the person from
whom the animal or animals were seized.
(e) In no event may the security prevent the impounding
organization having custody and care of the animal or animals from
disposing of the animal or animals before the expiration of the 30-day
period covered by the security if the court makes a determination of
the charges against the person from whom the animal or animals were
seized. Upon the adjudication of the charges, the person who posted the
security is entitled to a refund of the security, in whole or in part,
for any expenses not incurred by the impounding organization.
(f) Notwithstanding any other provision of this Section to the
contrary, the court may order a person charged with any violation of
this Act to provide necessary food, water, shelter, and care for any
animal or animals that are the basis of the charge without the removal
of the animal or animals from their existing location and until the
charges against the person are adjudicated. Until a final
determination of the charges is made, any law enforcement officer,
animal control officer, Department investigator, or an approved humane
investigator may be authorized by an order of the court to make regular
visits to the place where the animal or animals are being kept to
ascertain if the animal or animals are receiving necessary food, water,
shelter, and care. Nothing in this Section prevents any law
enforcement officer, Department investigator, or approved humane
investigator from applying for a warrant under this Section to seize
any animal or animals being held by the person charged pending the
adjudication of the charges if it is determined that the animal or
animals are not receiving the necessary food, water, shelter, or care.
(g) Nothing in this Act shall be construed to prevent the
voluntary, permanent relinquishment of any animal by its owner to an
animal control or humane agency in lieu of posting security or
proceeding to a forfeiture hearing. Voluntary relinquishment shall
have no effect on the criminal charges that may be pursued by the
appropriate authorities.
(h) If an owner of a companion animal is acquitted by the court of
charges made pursuant to this Act, the court shall further order that
any security that has been posted for the animal shall be returned to
the owner by the impounding organization.
(510 ILCS 70/3.06 new)
Sec. 3.06. Disposition of seized animals.
(a) Upon the conviction of the person charged, all animals seized,
if not previously ordered forfeited or previously forfeited by
operation of law, are forfeited to the facility impounding the animals
and must be humanely euthanized or adopted. Any outstanding costs
incurred by the impounding facility for boarding and treating the
animals pending the disposition of the case and any costs incurred in
disposing of the animals must be borne by the person convicted.
(b) Any person authorized by this Section to care for an animal or
animals, to treat an animal or animals, or to attempt to restore an
animal or animals to good health and who is acting in good faith is
[May 17, 2001] 16
immune from any civil or criminal liability that may result from his or
her actions.
(c) Any veterinarian in this State who observes or is presented
with an animal or animals for the treatment of aggravated cruelty under
Section 3.02 or torture under Section 3.03 of this Act must file a
report with the Department and cooperate with the Department by
furnishing the owner's name, the date of receipt of the animal or
animals and any treatment administered, and a description of the animal
or animals involved, including a microchip number if applicable. Any
veterinarian who in good faith makes a report, as required by this
subsection, has immunity from any liability, civil, criminal, or
otherwise, that may result from his or her actions. For the purposes
of any proceedings, civil or criminal, the good faith of the
veterinarian shall be presumed.
An animal control or humane agency may humanely euthanize severely
injured, diseased, or suffering animals in exigent circumstances.
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
Sec. 4.01. Prohibitions.
(a) No person may own, capture, breed, train, or lease any animal
which he or she knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise involving
a fight between such animal and any other animal or human, or the
intentional killing of any animal for the purpose of sport, wagering,
or entertainment.
(b) No person shall promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment, any
show, exhibition, program, or other activity involving a fight between
2 or more animals or any animal and human, or the intentional killing
of any animal.
(c) No person shall sell or offer for sale, ship, transport, or
otherwise move, or deliver or receive any animal which he or she knows
or should know has been captured, bred, or trained, or will be used, to
fight another animal or human or be intentionally killed, for the
purpose of sport, wagering, or entertainment.
(d) No person shall manufacture for sale, shipment, transportation
or delivery any device or equipment which that person knows or should
know is intended for use in any show, exhibition, program, or other
activity featuring or otherwise involving a fight between 2 or more
animals, or any human and animal, or the intentional killing of any
animal for purposes of sport, wagering or entertainment.
(e) No person shall own, possess, sell or offer for sale, ship,
transport, or otherwise move any equipment or device which such person
knows or should know is intended for use in connection with any show,
exhibition, program, or activity featuring or otherwise involving a
fight between 2 or more animals, or any animal and human, or the
intentional killing of any animal for purposes of sport, wagering or
entertainment.
(f) No person shall make available any site, structure, or
facility, whether enclosed or not, which he or she knows or should know
is intended to be used for the purpose of conducting any show,
exhibition, program, or other activity involving a fight between 2 or
more animals, or any animal and human, or the intentional killing of
any animal.
(g) No person shall attend or otherwise patronize any show,
exhibition, program, or other activity featuring or otherwise involving
a fight between 2 or more animals, or any animal and human, or the
intentional killing of any animal for the purposes of sport, wagering
or entertainment.
(h) No person shall tie or attach or fasten any live animal to any
machine or device propelled by any power for the purpose of causing
such animal to be pursued by a dog or dogs. This subsection (h) shall
apply only when such dog is intended to be used in a dog fight.
(i) Any animals or equipment involved in a violation of this
Section shall be immediately seized and impounded under Section 12 by
the Department when located at any show, exhibition, program, or other
17 [May 17, 2001]
activity featuring or otherwise involving an animal fight.
(j) Any vehicle or conveyance other than a common carrier that is
used in violation of this Section shall be seized, held, and offered
for sale at public auction by the sheriff's department of the proper
jurisdiction, and the proceeds from the sale shall be remitted to the
general fund of the county where the violation took place.
(k) Any veterinarian in this State who is presented with an animal
for treatment of injuries or wounds resulting from fighting where there
is a reasonable possibility that the animal was engaged in or utilized
for a fighting event shall file a report with the Department and
cooperate by furnishing the owners' names, dates, and descriptions of
the animal or animals involved. Any veterinarian who in good faith
complies with the requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from his or
her actions. For the purposes of any proceedings, civil or criminal,
the good faith of the veterinarian shall be rebuttably presumed.
(l) No person shall conspire or solicit a minor to violate this
Section.
(Source: P.A. 87-819.)
(510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
Sec. 4.02. Arrests; reports.
(a) Any law enforcement officer making an arrest for an offense
involving one or more dogs under Section 4.01 of this Act shall
lawfully take possession of all dogs and all paraphernalia, implements,
or other property or things used or employed, or about to be employed,
in the violation of any of the provisions of Section 4.01 of this Act.
When a law enforcement officer has taken Such officer, after taking
possession of such dogs, paraphernalia, implements or other property or
things, he or she shall file with the court before whom the complaint
is made against any person so arrested an affidavit stating therein the
name of the person charged in the such complaint, a description of the
property so taken and the time and place of the taking thereof together
with the name of the person from whom the same was taken and name of
the person who claims to own such property, if different from the
person from whom the dogs were seized and if known, and that the
affiant has reason to believe and does believe, stating the ground of
the such belief, that the dogs and property so taken were was used or
employed, or were was about to be used or employed, in a such violation
of Section 4.01 of this Act. He or she shall thereupon deliver an
inventory of the property so taken to the court of competent
jurisdiction. A law enforcement officer may humanely euthanize dogs
that are severely injured.
An owner whose dogs are removed for a violation of Section 4.01 of
this Act must be given written notice of the circumstances of the
removal and of any legal remedies available to him or her. The notice
must be posted at the place of seizure or delivered to a person
residing at the place of seizure or, if the address of the owner is
different from the address of the person from whom the dogs were
seized, delivered by registered mail to his or her last known address.
The animal control or humane agency having custody of the dogs may
file a petition with the court requesting that the person from whom the
dogs were seized or the owner of the dogs be ordered to post security
pursuant to Section 3.05 of this Act, which shall, by order, place the
same in custody of an officer or other proper person named and
designated in such order, to be kept by him until the conviction or
final discharge of such person complained against, and shall send a
copy of such order without delay to the State's attorney of the county
and the Department. The officer or person so named and designated in
such order shall immediately thereupon assume the custody of such
property and shall retain the same, subject to the order of the court
before which such person so complained against may be required to
appear for trial.
Upon the conviction of the person so charged, all dogs and property
so seized shall be adjudged by the court to be forfeited and shall
thereupon be adopted or humanely euthanized. Any outstanding costs
incurred by the impounding facility in boarding and treating the dogs
[May 17, 2001] 18
pending the disposition of the case and disposing of the dogs upon a
conviction must be borne by the person convicted be destroyed or
otherwise disposed of as the court may order. In no event may the dogs
be adopted by the defendant or anyone residing in his or her household.
If the court finds that the State either failed to prove the criminal
allegations or that the dogs were used in fighting, the court must
direct the delivery of the dogs and the other property not previously
forfeited to the owner of the dogs and property.
Any person authorized by this Section to care for a dog, to treat a
dog, or to attempt to restore a dog to good health and who is acting in
good faith is immune from any civil or criminal liability that may
result from his or her actions.
An animal control or humane agency may humanely euthanize severely
injured, diseased, or suffering dog in exigent circumstances In the
event of the acquittal or final discharge without conviction of the
person so charged such court shall , on demand, direct the delivery of
such property so held in custody to the owner thereof.
(b) Any veterinarian in this State who is presented with an animal
for treatment of injuries or wounds resulting from fighting where there
is a reasonable possibility that the animal was engaged in or utilized
for a fighting event shall file a report with the Department and
cooperate by furnishing the owners' names, date of receipt of the
animal or animals and treatment administered, dates and descriptions of
the animal or animals involved. Any veterinarian who in good faith
makes a report, as required by this subsection (b), is immune shall
have immunity from any liability, civil, criminal, or that otherwise,
resulting from his or her might result by reason of such actions. For
the purposes of any proceedings, civil or criminal, the good faith of
any such veterinarian shall be presumed.
(Source: P.A. 84-723.)
(510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
Sec. 4.03. Teasing, striking or tampering with police animals,
service animals, or search and rescue dogs prohibited. It shall be
unlawful for any person to willfully and maliciously taunt, torment,
tease, beat, strike, or administer or subject any desensitizing drugs,
chemicals or substance to (i) any animal used by a law enforcement
officer in the performance of his or her functions or duties, or when
placed in confinement off duty, (ii) any service animal, (iii) any
search and rescue dog, or (iv) any police, service, or search and
rescue animal in training. It is unlawful for any person to; or to
interfere or meddle with (i) any such animal used by a law enforcement
department or agency or any handler thereof in the performance of the
functions or duties of the department or agency, (ii) any service
animal, (iii) any search and rescue dog, or (iv) any law enforcement,
service, or search and rescue animal in training.
(Source: P.A. 90-80, eff. 7-10-97.)
(510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
Sec. 4.04. Injuring or killing police animals, service animals, or
search and rescue dogs prohibited. It shall be unlawful for any person
to willfully or maliciously torture, mutilate, injure, disable, poison,
or kill (i) any animal used by a law enforcement department or agency
in the performance of the functions or duties of the department or
agency or when placed in confinement off duty, (ii) any service animal,
(iii) any search and rescue dog, or (iv) any law enforcement, service,
or search and rescue animal in training. However, a police officer or
veterinarian may perform euthanasia in emergency situations when delay
would cause the animal undue suffering and pain.
(Source: P.A. 90-80, eff. 7-10-97; 91-357, eff. 7-29-99.)
(510 ILCS 70/10) (from Ch. 8, par. 710)
Sec. 10. Investigation of complaints.
(a) Upon receiving a complaint of a suspected violation of this
Act, a Department investigator, any law enforcement official, or an
approved humane investigator may, for the purpose of investigating the
allegations of the complaint, enter during normal business hours upon
any premises where the animal or animals described in the complaint are
housed or kept, provided such entry shall not be made into any building
19 [May 17, 2001]
which is a person's residence, except by search warrant or court order.
Institutions operating under federal license to conduct laboratory
experimentation utilizing animals for research or medical purposes are,
however, exempt from the provisions of this Section. State's Attorneys
and law enforcement officials shall provide such assistance as may be
required in the conduct of such investigations. Any such investigation
requiring legal procedures shall be immediately reported to the
Department. No employee or representative of the Department shall enter
a livestock management facility unless sanitized footwear is used, or
unless the owner or operator of the facility waives this requirement.
The employee or representative must also use any other reasonable
disease prevention procedures or equipment provided by the owner or
operator of the facility. The animal control administrator and animal
control wardens appointed under the Animal Control Act shall be
authorized to make investigations complying with this Section for
alleged violations of Sections 3, and 3.01, 3.02, and 3.03 pertaining
to small companion animals. If impoundments are made by wardens, public
pounds operated by a political entity shall be utilized. The animals
impounded shall remain under the jurisdiction of the animal control
administrator and be held in an animal shelter pound licensed under the
Animal Welfare Act. All litigation, appeal, and disposition of the
animals so held will remain with the governmental agency operating the
facility.
(b) Any law enforcement official, animal control or humane agency,
approved humane investigator, or veterinarian acting in good faith is
immune from any civil or criminal liability resulting from his or her
actions under this Section. The good faith on the part of the law
enforcement official, approved humane investigator, animal control or
humane agency, or veterinarian is presumed.
(Source: P.A. 87-157.)
(510 ILCS 70/12) (from Ch. 8, par. 712)
Sec. 12. Impounding animals; notice of impoundment.
(a) When an approved humane investigator, a Department
investigator or a veterinarian finds that a violation of this Act has
rendered an animal in such a condition that no remedy or corrective
action by the owner is possible or the violator fails or refuses to
take corrective action necessary for compliance pursuant to Section 11
of this Act, the Department must may impound or order the impoundment
of the animal. If the violator fails or refuses to take corrective
action necessary for compliance with Section 11 of this Act, the
Department may impound the animal. If the animal is ordered impounded,
it shall be impounded in a facility or at another location where which
will provide the elements of good care as set forth in Section 3 of
this Act can be provided, and where such animals shall be examined and
treated by a licensed veterinarian or, if the animal is severely
injured, diseased, or suffering, humanely euthanized. Any expense
incurred in the impoundment shall become a lien on the animals.
(b) Emergency impoundment may be exercised in a life-threatening
situation and the subject animals shall be conveyed directly to a
licensed veterinarian for medical services necessary to sustain life or
to be humanely euthanized as determined by the veterinarian. If such
emergency procedure is taken by an animal control officer, the
Department shall be notified.
(c) (b) A notice of impoundment shall be given by the investigator
to the violator, if known, in person or sent by certified or registered
mail. If the investigator is not able to serve the violator in person
or by registered or certified mail, the notice may be given by
publication in a newspaper of general circulation in the county in
which the violator's last known address is located. A copy of the
notice shall be retained by the investigator and a copy forwarded
immediately to the Department. The notice of impoundment shall include
the following:
(1) A number assigned by the Department which will also be
given to the impounding facility accepting the responsibility of
the animal or animals.
(2) Listing of deficiencies noted.
[May 17, 2001] 20
(3) An accurate description of the animal or animals
involved.
(4) Date on which the animal or animals were impounded.
(5) Signature of the investigator.
(6) A statement that: "The violator may request a hearing to
appeal the impoundment. A person desiring a hearing shall contact
the Department of Agriculture within 7 days from the date of
impoundment" and the Department must will hold an administrative
hearing within 7 business days after receiving a request to appeal
the impoundment. If the hearing cannot be held prior to the
expiration of the 7-day impoundment period, the Department shall
notify the impounding facility that it cannot sell, offer for
adoption, or dispose of the animal or animals until a final
decision is rendered and all of the appeal processes have expired.
If a hearing is requested by any owner of impounded animals, the
Hearing Officer shall, have the authority after hearing the testimony
of all interested affected parties, to render a decision within 5
business days regarding as to the disposition of the impounded animals.
This decision by the Hearing Officer shall have no effect on the
criminal charges that may be filed with the appropriate authorities.
If an owner of a companion animal or animal used for fighting
purposes requests a hearing, the animal control or humane agency having
control of the animal or animals may file a petition with the court in
the county where the impoundment took place requesting that the person
from whom the animal or animals were seized or the owner of the animal
or animals be ordered to post security pursuant to subsections (a) and
(b) of Section 3.05 of this Act.
If the court orders the posting of security, the security must be
posted with the clerk of the court within 5 business days after the
hearing. If the person ordered to post security does not do so, the
court must order the Department of Agriculture to hold a hearing on the
impoundment within 5 business days. If the Department determines that
it is not in the best interest of the animal or animals to be returned
to the person from whom it was seized, the animal or animals are
forfeited to the animal control or humane agency having control of the
animal or animals. If no petition for the posting of security is filed
or a petition was filed and granted but the person failed to post
security, any expense incurred in the impoundment shall remain
outstanding until satisfied by the owner or the person from whom the
animal or animals were impounded.
Any expense incurred in such impoundment becomes a lien on the
animal impounded and must be discharged before the animal is released
from the facility. When the impoundment is not appealed, the animal or
animals are forfeited and the animal control or humane agency in charge
of the animal or animals may lawfully and without liability provide for
adoption of the animal or animals by a person other than the person who
forfeited the animal or animals, or any person or persons dwelling in
the same household as the person who forfeited the animals or animals,
or it may humanely euthanize the animal or animals. the animal is not
claimed by its owner and all impoundment costs satisfied within 7 days,
it may be sold at public or private sale for fair consideration to a
person capable of providing care consistent with this Act, with the
proceeds of that sale applied first to discharge the lien and any
balance to be paid over to the owner. If no purchaser is found, the
animal may be offered for adoption or disposed of in a manner not
inconsistent with this or any other Act.
(Source: P.A. 88-600, eff. 9-1-94.)
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) Any person convicted of violating subsection (l) of Section
4.01 or Sections 5, 5.01, or 6 of this Act or any rule, regulation, or
order of the Department pursuant thereto, is guilty of a Class A C
misdemeanor. A second or subsequent violation of Section 5, 5.01, or 6
is a Class 4 felony.
(b)(1) This subsection (b) does not apply where the only
animals involved in the violation are dogs.
21 [May 17, 2001]
(2) Any person convicted of violating subsection (a), (b),
(c) or (h) of Section 4.01 of this Act or any rule, regulation, or
order of the Department pursuant thereto, is guilty of a Class A
misdemeanor.
(3) A second or subsequent offense involving the violation of
subsection (a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation, or order of the Department pursuant thereto is a Class
4 felony.
(4) Any person convicted of violating subsection (d), (e) or
(f) of Section 4.01 of this Act or any rule, regulation, or order
of the Department pursuant thereto, is guilty of a Class A B
misdemeanor. A second or subsequent violation is a Class 4 felony.
(5) Any person convicted of violating subsection (g) of
Section 4.01 of this Act or any rule, regulation, or order of the
Department pursuant thereto is guilty of a Class C misdemeanor.
(c)(1) This subsection (c) applies exclusively where the only
animals involved in the violation are dogs.
(2) Any person convicted of violating subsection (a), (b) or
(c) of Section 4.01 of this Act or any rule, regulation or order of
the Department pursuant thereto is guilty of a Class 4 felony and
may be fined an amount not to exceed $50,000.
(3) Any person convicted of violating subsection (d), (e) or
(f) of Section 4.01 of this Act or any rule, regulation or order of
the Department pursuant thereto is guilty of Class A misdemeanor,
if such person knew or should have known that the device or
equipment under subsection (d) or (e) of that Section or the site,
structure or facility under subsection (f) of that Section was to
be used to carry out a violation where the only animals involved
were dogs. Where such person did not know or should not reasonably
have been expected to know that the only animals involved in the
violation were dogs, the penalty shall be same as that provided for
in paragraph (4) of subsection (b).
(4) Any person convicted of violating subsection (g) of
Section 4.01 of this Act or any rule, regulation or order of the
Department pursuant thereto is guilty of a Class C misdemeanor.
(5) A second or subsequent violation of subsection (a), (b)
or (c) of Section 4.01 of this Act or any rule, regulation or order
of the Department pursuant thereto is a Class 3 felony. A second
or subsequent violation of subsection (d), (e) or (f) of Section
4.01 of this Act or any rule, regulation or order of the Department
adopted pursuant thereto is a Class 3 felony, if in each violation
the person knew or should have known that the device or equipment
under subsection (d) or (e) of that Section or the site, structure
or facility under subsection (f) of that Section was to be used to
carry out a violation where the only animals involved were dogs.
Where such person did not know or should not reasonably have been
expected to know that the only animals involved in the violation
were dogs, a second or subsequent violation of subsection (d), (e)
or (f) of Section 4.01 of this Act or any rule, regulation or order
of the Department adopted pursuant thereto is a Class A
misdemeanor. A second or subsequent violation of subsection (g) is
a Class B misdemeanor.
(6) Any person convicted of violating Section 3.01 of this
Act is guilty of a Class A C misdemeanor. A second or subsequent
conviction for a violation of Section 3.01 is a Class 4 felony B
misdemeanor. A third or subsequent conviction for a violation of
Section 3.01 is a Class A misdemeanor.
(7) Any person convicted of violating Section 4.03 is guilty
of a Class A B misdemeanor. A second or subsequent violation is a
Class 4 felony.
(8) Any person convicted of violating Section 4.04 is guilty
of a Class A misdemeanor where the animal is not killed or totally
disabled, but if the animal is killed or totally disabled such
person shall be guilty of a Class 4 felony.
(8.5) A person convicted of violating subsection (a) of
Section 7.15 is guilty of a Class A B misdemeanor. A person
[May 17, 2001] 22
convicted of violating subsection (b) or (c) of Section 7.15 is (i)
guilty of a Class A misdemeanor if the dog is not killed or totally
disabled and (ii) if the dog is killed or totally disabled, guilty
of a Class 4 felony and may be ordered by the court to make
restitution to the disabled person having custody or ownership of
the dog for veterinary bills and replacement costs of the dog. A
second or subsequent violation is a Class 4 felony.
(9) Any person convicted of any other act of abuse or neglect
or of violating any other provision of this Act, or any rule,
regulation, or order of the Department pursuant thereto, is guilty
of a Class B C misdemeanor. A second or subsequent violation is a
Class 4 felony with every day that a violation continues
constituting a separate offense.
(d) Any person convicted of violating Section 7.1 is guilty of a
Class C misdemeanor petty offense. A second or subsequent conviction
for a violation of Section 7.1 is a Class B C misdemeanor.
(e) Any person convicted of violating Section 3.02 is guilty of a
Class 4 felony A misdemeanor. A second or subsequent violation is a
Class 3 4 felony.
(f) The Department may enjoin a person from a continuing violation
of this Act.
(g) Any person convicted of violating Section 3.03 is guilty of a
Class 3 4 felony. A second or subsequent offense is a Class 3 felony.
As a condition of the sentence imposed under this Section, the court
shall order the offender to undergo a psychological or psychiatric
evaluation and to undergo treatment that the court determines to be
appropriate after due consideration of the evaluation.
(h) In addition to any other penalty provided by law, upon a
conviction for violating Sections 3, 3.01, 3.02, or 3.03 the court may
order the convicted person to undergo a psychological or psychiatric
evaluation and to undergo any treatment at the convicted person's
expense that the court determines to be appropriate after due
consideration of the evaluation. If the convicted person is a juvenile
or a companion animal hoarder, the court must order the convicted
person to undergo a psychological or psychiatric evaluation and to
undergo treatment that the court determines to be appropriate after due
consideration of the evaluation.
(i) In addition to any other penalty provided by law, upon
conviction for violating Sections 3, 3.01, 3.02, or 3.03 the court may
order the convicted person to forfeit to an animal control or humane
agency the animal or animals that are the basis of the conviction.
Upon an order of forfeiture, the convicted person is deemed to have
permanently relinquished all rights to the animal or animals that are
the basis of the conviction. The forfeited animal or animals shall be
adopted or humanely euthanized. In no event may the convicted person
or anyone residing in his or her household be permitted to adopt the
forfeited animal or animals. The court, additionally, may order that
the convicted person and persons dwelling in the same household as the
convicted person who conspired, aided, or abetted in the unlawful act
that was the basis of the conviction, or who knew or should have known
of the unlawful act, may not own, harbor, or have custody or control of
any other animals for a period of time that the court deems reasonable.
(Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 91-291, eff.
1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 7-29-99; revised 8-30-99.)
(510 ILCS 70/16.1 new)
Sec. 16.1. Defenses.
(a) It is not a defense to violations of this Act for the person
committing the violation to assert that he or she had rights of
ownership in the animal that was the victim of the violation.
(b) Trespass is not a defense to a prosecution under this Act.
(510 ILCS 70/16.2 new)
Sec. 16.2. Corporations. Corporations may be charged with
violations of this Act for the acts of their employees or agents who
violate this Act in the course of their employment or agency.
(510 ILCS 70/16.3 new)
Sec. 16.3. Civil actions. Any person who has a right of ownership
23 [May 17, 2001]
in an animal that is subjected to an act of aggravated cruelty or
torture in violation of this Act or in an animal that is injured or
killed as a result of actions taken by a person who acts in bad faith
under subsection (b) of Section 3.06 of this Act may bring a civil
action to recover the damages sustained by that owner. Damages may
include, but are not limited to, the monetary value of the animal,
veterinary expenses incurred on behalf of the animal, any other
expenses incurred by the owner in rectifying the effects of the
cruelty, pain, and suffering of the animal, and emotional distress
suffered by the owner. In addition to damages that may be proven, the
owner is also entitled to punitive or exemplary damages of not less
than $500 but not more than $25,000 for each act of abuse or neglect
to which the animal was subjected. In addition, the court must award
reasonable attorney's fees and costs actually incurred by the owner in
the prosecution of any action under this Section.
The remedies provided in this Section are in addition to any other
remedies allowed by law.
In an action under this Section, the court may enter any injunctive
orders reasonably necessary to protect animals from any further acts of
abuse, neglect, or harassment by a defendant. Trespass is not a
defense to any action under this Section.
The statute of limitations for cruelty to animals is 2 years.
(510 ILCS 70/16.4 new)
Sec. 16.4. Illinois Animal Abuse Fund. The Illinois Animal Abuse
Fund is created as a special fund in the State treasury. Moneys in the
Fund may be used, subject to appropriation, by the Department of
Agriculture to investigate animal abuse and neglect under this Act.
Section 10. The Clerks of Courts Act is amended by changing
Sections 27.5 and 27.6 as follows:
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. (a) All fees, fines, costs, additional penalties, bail
balances assessed or forfeited, and any other amount paid by a person
to the circuit clerk that equals an amount less than $55, except
restitution under Section 5-5-6 of the Unified Code of Corrections,
reimbursement for the costs of an emergency response as provided under
Section 5-5-3 of the Unified Code of Corrections, any fees collected
for attending a traffic safety program under paragraph (c) of Supreme
Court Rule 529, any fee collected on behalf of a State's Attorney under
Section 4-2002 of the Counties Code or a sheriff under Section 4-5001
of the Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of Chapters 3, 4,
6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a
local ordinance, and any violation of the Child Passenger Protection
Act, or a similar provision of a local ordinance, and except as
provided in subsection (b) shall be disbursed within 60 days after
receipt by the circuit clerk as follows: 47% shall be disbursed to the
entity authorized by law to receive the fine imposed in the case; 12%
shall be disbursed to the State Treasurer; and 41% shall be disbursed
to the county's general corporate fund. Of the 12% disbursed to the
State Treasurer, 1/6 shall be deposited by the State Treasurer into the
Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be
deposited into the Drivers Education Fund. For fiscal years 1992 and
1993, amounts deposited into the Violent Crime Victims Assistance Fund,
the Traffic and Criminal Conviction Surcharge Fund, or the Drivers
Education Fund shall not exceed 110% of the amounts deposited into
those funds in fiscal year 1991. Any amount that exceeds the 110%
limit shall be distributed as follows: 50% shall be disbursed to the
county's general corporate fund and 50% shall be disbursed to the
entity authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit a report
of the amount of funds remitted to the State Treasurer under this
Section during the preceding year based upon independent verification
of fines and fees. All counties shall be subject to this Section,
except that counties with a population under 2,000,000 may, by
[May 17, 2001] 24
ordinance, elect not to be subject to this Section. For offenses
subject to this Section, judges shall impose one total sum of money
payable for violations. The circuit clerk may add on no additional
amounts except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as a
result of forfeiture of bail, ex parte judgment or guilty plea pursuant
to Supreme Court Rule 529, the circuit clerk shall first deduct and pay
amounts required by Sections 27.3a and 27.3c of this Act. This Section
is a denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(b) The following amounts must be remitted to the State Treasurer
for deposit into the Illinois Animal Abuse Fund:
(1) 50% of amounts collected for Class 4 felonies under
subsection (a), paragraph (4) of subsection (b), and paragraphs
(6), (7), (8.5), and (9) of subsection (c) of Section 16 of the
Humane Care for Animals Act and Class 3 felonies under paragraph
(5) of subsection (c) of Section 16 of that Act.
(2) 20% of amounts collected for Class A misdemeanors under
subsection (a), paragraph (4) of subsection (b), and paragraphs (6)
and (7) of subsection (c) of Section 16 of the Humane Care for
Animals Act and Class B misdemeanors under paragraph (9) of
subsection (c) of Section 16 of that Act.
(3) 20% of amounts collected for Class B misdemeanors under
subsection (d) of Section 16 of the Humane Care for Animals Act.
(4) 50% of amounts collected for Class C misdemeanors under
subsection (d) of Section 16 of the Humane Care for Animals Act.
(Source: P.A. 89-234, eff. 1-1-96.)
(705 ILCS 105/27.6)
Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail
balances assessed or forfeited, and any other amount paid by a person
to the circuit clerk equalling an amount of $55 or more, except the
additional fee required by subsections (b) and (c), restitution under
Section 5-5-6 of the Unified Code of Corrections, reimbursement for the
costs of an emergency response as provided under Section 5-5-3 of the
Unified Code of Corrections, any fees collected for attending a traffic
safety program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002 of the
Counties Code or a sheriff under Section 4-5001 of the Counties Code,
or any cost imposed under Section 124A-5 of the Code of Criminal
Procedure of 1963, for convictions, orders of supervision, or any other
disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, and except as provided in subsection
(d) shall be disbursed within 60 days after receipt by the circuit
clerk as follows: 44.5% shall be disbursed to the entity authorized by
law to receive the fine imposed in the case; 16.825% shall be disbursed
to the State Treasurer; and 38.675% shall be disbursed to the county's
general corporate fund. Of the 16.825% disbursed to the State
Treasurer, 2/17 shall be deposited by the State Treasurer into the
Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be
deposited into the Drivers Education Fund, and 6.948/17 shall be
deposited into the Trauma Center Fund. Of the 6.948/17 deposited into
the Trauma Center Fund from the 16.825% disbursed to the State
Treasurer, 50% shall be disbursed to the Department of Public Health
and 50% shall be disbursed to the Department of Public Aid. For fiscal
year 1993, amounts deposited into the Violent Crime Victims Assistance
Fund, the Traffic and Criminal Conviction Surcharge Fund, or the
Drivers Education Fund shall not exceed 110% of the amounts deposited
into those funds in fiscal year 1991. Any amount that exceeds the 110%
limit shall be distributed as follows: 50% shall be disbursed to the
county's general corporate fund and 50% shall be disbursed to the
entity authorized by law to receive the fine imposed in the case. Not
25 [May 17, 2001]
later than March 1 of each year the circuit clerk shall submit a report
of the amount of funds remitted to the State Treasurer under this
Section during the preceding year based upon independent verification
of fines and fees. All counties shall be subject to this Section,
except that counties with a population under 2,000,000 may, by
ordinance, elect not to be subject to this Section. For offenses
subject to this Section, judges shall impose one total sum of money
payable for violations. The circuit clerk may add on no additional
amounts except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as a
result of forfeiture of bail, ex parte judgment or guilty plea pursuant
to Supreme Court Rule 529, the circuit clerk shall first deduct and pay
amounts required by Sections 27.3a and 27.3c of this Act. This Section
is a denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(b) In addition to any other fines and court costs assessed by the
courts, any person convicted or receiving an order of supervision for
driving under the influence of alcohol or drugs shall pay an additional
fee of $25 to the clerk of the circuit court. This amount, less 2 1/2%
that shall be used to defray administrative costs incurred by the
clerk, shall be remitted by the clerk to the Treasurer within 60 days
after receipt for deposit into the Trauma Center Fund. This additional
fee of $25 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or after
sentencing. Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the
courts, any person convicted for a violation of Sections 24-1.1,
24-1.2, or 24-1.5 of the Criminal Code of 1961 or a person sentenced
for a violation of the Cannabis Control Act or the Controlled Substance
Act shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted by the
clerk to the Treasurer within 60 days after receipt for deposit into
the Trauma Center Fund. This additional fee of $100 shall not be
considered a part of the fine for purposes of any reduction in the fine
for time served either before or after sentencing. Not later than
March 1 of each year the Circuit Clerk shall submit a report of the
amount of funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(d) The following amounts must be remitted to the State Treasurer
for deposit into the Illinois Animal Abuse Fund:
(1) 50% of amounts collected for Class 4 felonies under
subsection (a), paragraph (4) of subsection (b), and paragraphs
(6), (7), (8.5), and (9) of subsection (c) of Section 16 of the
Humane Care for Animals Act and Class 3 felonies under paragraph
(5) of subsection (c) of Section 16 of that Act.
(2) 20% of amounts collected for Class A misdemeanors under
subsection (a), paragraph (4) of subsection (b), and paragraphs (6)
and (7) of subsection (c) of Section (16) of the Humane Care for
Animals Act and Class B misdemeanors under paragraph (9) of
subsection (c) of Section 16 of that Act.
(3) 20% of amounts collected for Class B misdemeanors under
subsection (d) of Section 16 of the Humane Care for Animals Act.
(4) 50% of amounts collected for Class C misdemeanors under
subsection (d) of Section 16 of the Humane Care for Animals Act.
(Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 89-516, eff.
7-18-96; 89-626, eff. 8-9-96.)
Section 15. The Juvenile Court Act of 1987 is amended by changing
Sections 5-615, 5-710, and 5-715 as follows:
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under supervision
[May 17, 2001] 26
for an offense other than first degree murder, a Class X felony or a
forcible felony (a) upon an admission or stipulation by the appropriate
respondent or minor respondent of the facts supporting the petition and
before proceeding to adjudication, or after hearing the evidence at the
trial, and (b) in the absence of objection made in open court by the
minor, his or her parent, guardian, or legal custodian, the minor's
attorney or the State's Attorney.
(2) If the minor, his or her parent, guardian, or legal custodian,
the minor's attorney or State's Attorney objects in open court to any
continuance and insists upon proceeding to findings and adjudication,
the court shall so proceed.
(3) Nothing in this Section limits the power of the court to order
a continuance of the hearing for the production of additional evidence
or for any other proper reason.
(4) When a hearing where a minor is alleged to be a delinquent is
continued pursuant to this Section, the period of continuance under
supervision may not exceed 24 months. The court may terminate a
continuance under supervision at any time if warranted by the conduct
of the minor and the ends of justice.
(5) When a hearing where a minor is alleged to be delinquent is
continued pursuant to this Section, the court may, as conditions of the
continuance under supervision, require the minor to do any of the
following:
(a) not violate any criminal statute of any jurisdiction;
(b) make a report to and appear in person before any person
or agency as directed by the court;
(c) work or pursue a course of study or vocational training;
(d) undergo medical or psychotherapeutic treatment rendered
by a therapist licensed under the provisions of the Medical
Practice Act of 1987, the Clinical Psychologist Licensing Act, or
the Clinical Social Work and Social Work Practice Act, or an entity
licensed by the Department of Human Services as a successor to the
Department of Alcoholism and Substance Abuse, for the provision of
drug addiction and alcoholism treatment;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other dangerous
weapon, or an automobile;
(i) permit the probation officer to visit him or her at his
or her home or elsewhere;
(j) reside with his or her parents or in a foster home;
(k) attend school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or in a
foster home;
(n) perform some reasonable public or community service;
(o) make restitution to the victim, in the same manner and
under the same conditions as provided in subsection (4) of Section
5-710, except that the "sentencing hearing" referred to in that
Section shall be the adjudicatory hearing for purposes of this
Section;
(p) comply with curfew requirements as designated by the
court;
(q) refrain from entering into a designated geographic area
except upon terms as the court finds appropriate. The terms may
include consideration of the purpose of the entry, the time of day,
other persons accompanying the minor, and advance approval by a
probation officer;
(r) refrain from having any contact, directly or indirectly,
with certain specified persons or particular types of persons,
including but not limited to members of street gangs and drug users
or dealers;
(r-5) undergo a medical or other procedure to have a tattoo
symbolizing allegiance to a street gang removed from his or her
27 [May 17, 2001]
body;
(s) refrain from having in his or her body the presence of
any illicit drug prohibited by the Cannabis Control Act or the
Illinois Controlled Substances Act, unless prescribed by a
physician, and submit samples of his or her blood or urine or both
for tests to determine the presence of any illicit drug; or
(t) comply with any other conditions as may be ordered by the
court.
(6) A minor whose case is continued under supervision under
subsection (5) shall be given a certificate setting forth the
conditions imposed by the court. Those conditions may be reduced,
enlarged, or modified by the court on motion of the probation officer
or on its own motion, or that of the State's Attorney, or, at the
request of the minor after notice and hearing.
(7) If a petition is filed charging a violation of a condition of
the continuance under supervision, the court shall conduct a hearing.
If the court finds that a condition of supervision has not been
fulfilled, the court may proceed to findings and adjudication and
disposition. The filing of a petition for violation of a condition of
the continuance under supervision shall toll the period of continuance
under supervision until the final determination of the charge, and the
term of the continuance under supervision shall not run until the
hearing and disposition of the petition for violation; provided where
the petition alleges conduct that does not constitute a criminal
offense, the hearing must be held within 30 days of the filing of the
petition unless a delay shall continue the tolling of the period of
continuance under supervision for the period of the delay.
(8) When a hearing in which a minor is alleged to be a delinquent
for reasons that include a violation of Section 21-1.3 of the Criminal
Code of 1961 is continued under this Section, the court shall, as a
condition of the continuance under supervision, require the minor to
perform community service for not less than 30 and not more than 120
hours, if community service is available in the jurisdiction. The
community service shall include, but need not be limited to, the
cleanup and repair of the damage that was caused by the alleged
violation or similar damage to property located in the municipality or
county in which the alleged violation occurred. The condition may be
in addition to any other condition.
(8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section 3.02 or
Section 3.03 of the Humane Care for Animals Act or paragraph (d) of
subsection (1) of Section 21-1 of the Criminal Code of 1961 is
continued under this Section, the court shall, as a condition of the
continuance under supervision, require the minor to undergo medical or
psychiatric treatment rendered by a psychiatrist or psychological
treatment rendered by a clinical psychologist. The condition may be in
addition to any other condition.
(9) When a hearing in which a minor is alleged to be a delinquent
is continued under this Section, the court, before continuing the case,
shall make a finding whether the offense alleged to have been committed
either: (i) was related to or in furtherance of the activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (ii) is a violation of paragraph
(13) of subsection (a) of Section 12-2 of the Criminal Code of 1961, a
violation of any Section of Article 24 of the Criminal Code of 1961, or
a violation of any statute that involved the unlawful use of a firearm.
If the court determines the question in the affirmative the court
shall, as a condition of the continuance under supervision and as part
of or in addition to any other condition of the supervision, require
the minor to perform community service for not less than 30 hours,
provided that community service is available in the jurisdiction and is
funded and approved by the county board of the county where the offense
was committed. The community service shall include, but need not be
limited to, the cleanup and repair of any damage caused by an alleged
violation of Section 21-1.3 of the Criminal Code of 1961 and similar
damage to property located in the municipality or county in which the
[May 17, 2001] 28
alleged violation occurred. When possible and reasonable, the
community service shall be performed in the minor's neighborhood. For
the purposes of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(10) The court shall impose upon a minor placed on supervision, as
a condition of the supervision, a fee of $25 for each month of
supervision ordered by the court, unless after determining the
inability of the minor placed on supervision to pay the fee, the court
assesses a lesser amount. The court may not impose the fee on a minor
who is made a ward of the State under this Act while the minor is in
placement. The fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department. A court may
order the parent, guardian, or legal custodian of the minor to pay some
or all of the fee on the minor's behalf.
(Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00; 91-332, eff.
7-29-99; revised 10-7-99.)
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, 5-815, a
minor who is found guilty under Section 5-620 may be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal custodian,
provided, however, that any such minor who is not committed to
the Department of Corrections, Juvenile Division under this
subsection and who is found to be a delinquent for an offense
which is first degree murder, a Class X felony, or a forcible
felony shall be placed on probation;
(ii) placed in accordance with Section 5-740, with or
without also being put on probation or conditional discharge;
(iii) required to undergo a substance abuse assessment
conducted by a licensed provider and participate in the
indicated clinical level of care;
(iv) placed in the guardianship of the Department of
Children and Family Services, but only if the delinquent minor
is under 13 years of age;
(v) placed in detention for a period not to exceed 30
days, either as the exclusive order of disposition or, where
appropriate, in conjunction with any other order of
disposition issued under this paragraph, provided that any
such detention shall be in a juvenile detention home and the
minor so detained shall be 10 years of age or older. However,
the 30-day limitation may be extended by further order of the
court for a minor under age 13 committed to the Department of
Children and Family Services if the court finds that the minor
is a danger to himself or others. The minor shall be given
credit on the sentencing order of detention for time spent in
detention under Sections 5-501, 5-601, 5-710, or 5-720 of this
Article as a result of the offense for which the sentencing
order was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of probation or
violation of conditional discharge under Section 5-720 of this
Article for time spent in detention before the filing of the
petition alleging the violation. A minor shall not be
deprived of credit for time spent in detention before the
filing of a violation of probation or conditional discharge
alleging the same or related act or acts;
(vi) ordered partially or completely emancipated in
accordance with the provisions of the Emancipation of Mature
Minors Act;
(vii) subject to having his or her driver's license or
driving privileges suspended for such time as determined by
the court but only until he or she attains 18 years of age;
(viii) put on probation or conditional discharge and
29 [May 17, 2001]
placed in detention under Section 3-6039 of the Counties Code
for a period not to exceed the period of incarceration
permitted by law for adults found guilty of the same offense
or offenses for which the minor was adjudicated delinquent,
and in any event no longer than upon attainment of age 21;
this subdivision (viii) notwithstanding any contrary provision
of the law; or
(ix) ordered to undergo a medical or other procedure to
have a tattoo symbolizing allegiance to a street gang removed
from his or her body.
(b) A minor found to be guilty may be committed to the
Department of Corrections, Juvenile Division, under Section 5-750
if the minor is 13 years of age or older, provided that the
commitment to the Department of Corrections, Juvenile Division,
shall be made only if a term of incarceration is permitted by law
for adults found guilty of the offense for which the minor was
adjudicated delinquent. The time during which a minor is in
custody before being released upon the request of a parent,
guardian or legal custodian shall be considered as time spent in
detention.
(c) When a minor is found to be guilty for an offense which
is a violation of the Illinois Controlled Substances Act or the
Cannabis Control Act and made a ward of the court, the court may
enter a disposition order requiring the minor to undergo
assessment, counseling or treatment in a substance abuse program
approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the Department
of Corrections, Juvenile Division, may provide for protective
supervision under Section 5-725 and may include an order of protection
under Section 5-730.
(3) Unless the sentencing order expressly so provides, it does not
operate to close proceedings on the pending petition, but is subject to
modification until final closing and discharge of the proceedings under
Section 5-750.
(4) In addition to any other sentence, the court may order any
minor found to be delinquent to make restitution, in monetary or
non-monetary form, under the terms and conditions of Section 5-5-6 of
the Unified Code of Corrections, except that the "presentencing
hearing" referred to in that Section shall be the sentencing hearing
for purposes of this Section. The parent, guardian or legal custodian
of the minor may be ordered by the court to pay some or all of the
restitution on the minor's behalf, pursuant to the Parental
Responsibility Law. The State's Attorney is authorized to act on
behalf of any victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the Parental
Responsibility Law.
(5) Any sentencing order where the minor is committed or placed in
accordance with Section 5-740 shall provide for the parents or guardian
of the estate of the minor to pay to the legal custodian or guardian of
the person of the minor such sums as are determined by the custodian or
guardian of the person of the minor as necessary for the minor's needs.
The payments may not exceed the maximum amounts provided for by Section
9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to attend
school or participate in a program of training, the truant officer or
designated school official shall regularly report to the court if the
minor is a chronic or habitual truant under Section 26-2a of the School
Code.
(7) In no event shall a guilty minor be committed to the
Department of Corrections, Juvenile Division for a period of time in
excess of that period for which an adult could be committed for the
same act.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 shall be
ordered to perform community service for not less than 30 and not more
than 120 hours, if community service is available in the jurisdiction.
[May 17, 2001] 30
The community service shall include, but need not be limited to, the
cleanup and repair of the damage that was caused by the violation or
similar damage to property located in the municipality or county in
which the violation occurred. The order may be in addition to any
other order authorized by this Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for
Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the
Criminal Code of 1961 shall be ordered to undergo medical or
psychiatric treatment rendered by a psychiatrist or psychological
treatment rendered by a clinical psychologist. The order may be in
addition to any other order authorized by this Section.
(9) In addition to any other sentencing order, the court shall
order any minor found to be guilty for an act which would constitute,
predatory criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated criminal sexual
abuse, or criminal sexual abuse if committed by an adult to undergo
medical testing to determine whether the defendant has any sexually
transmissible disease including a test for infection with human
immunodeficiency virus (HIV) or any other identified causative agency
of acquired immunodeficiency syndrome (AIDS). Any medical test shall
be performed only by appropriately licensed medical practitioners and
may include an analysis of any bodily fluids as well as an examination
of the minor's person. Except as otherwise provided by law, the results
of the test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the sentencing order
was entered for the judge's inspection in camera. Acting in accordance
with the best interests of the victim and the public, the judge shall
have the discretion to determine to whom the results of the testing may
be revealed. The court shall notify the minor of the results of the
test for infection with the human immunodeficiency virus (HIV). The
court shall also notify the victim if requested by the victim, and if
the victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's parents
or the legal guardian, of the results of the test for infection with
the human immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling at the
Department of Public Health facilities to all parties to whom the
results of the testing are revealed. The court shall order that the
cost of any test shall be paid by the county and may be taxed as costs
against the minor.
(10) When a court finds a minor to be guilty the court shall,
before entering a sentencing order under this Section, make a finding
whether the offense committed either: (a) was related to or in
furtherance of the criminal activities of an organized gang or was
motivated by the minor's membership in or allegiance to an organized
gang, or (b) involved a violation of subsection (a) of Section 12-7.1
of the Criminal Code of 1961, a violation of any Section of Article 24
of the Criminal Code of 1961, or a violation of any statute that
involved the wrongful use of a firearm. If the court determines the
question in the affirmative, and the court does not commit the minor to
the Department of Corrections, Juvenile Division, the court shall order
the minor to perform community service for not less than 30 hours nor
more than 120 hours, provided that community service is available in
the jurisdiction and is funded and approved by the county board of the
county where the offense was committed. The community service shall
include, but need not be limited to, the cleanup and repair of any
damage caused by a violation of Section 21-1.3 of the Criminal Code of
1961 and similar damage to property located in the municipality or
county in which the violation occurred. When possible and reasonable,
the community service shall be performed in the minor's neighborhood.
This order shall be in addition to any other order authorized by this
Section except for an order to place the minor in the custody of the
Department of Corrections, Juvenile Division. For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10
31 [May 17, 2001]
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not
exceed 5 years or until the minor has attained the age of 21 years,
whichever is less, except as provided in this Section for a minor who
is found to be guilty for an offense which is first degree murder, a
Class X felony or a forcible felony. The juvenile court may terminate
probation or conditional discharge and discharge the minor at any time
if warranted by the conduct of the minor and the ends of justice;
provided, however, that the period of probation for a minor who is
found to be guilty for an offense which is first degree murder, a Class
X felony, or a forcible felony shall be at least 5 years.
(2) The court may as a condition of probation or of conditional
discharge require that the minor:
(a) not violate any criminal statute of any jurisdiction;
(b) make a report to and appear in person before any person
or agency as directed by the court;
(c) work or pursue a course of study or vocational training;
(d) undergo medical or psychiatric treatment, rendered by a
psychiatrist or psychological treatment rendered by a clinical
psychologist or social work services rendered by a clinical social
worker, or treatment for drug addiction or alcoholism;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other dangerous
weapon, or an automobile;
(h) permit the probation officer to visit him or her at his
or her home or elsewhere;
(i) reside with his or her parents or in a foster home;
(j) attend school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4) of
Section 5-710;
(m) contribute to his or her own support at home or in a
foster home;
(n) perform some reasonable public or community service;
(o) participate with community corrections programs including
unified delinquency intervention services administered by the
Department of Human Services subject to Section 5 of the Children
and Family Services Act;
(p) pay costs;
(q) serve a term of home confinement. In addition to any
other applicable condition of probation or conditional discharge,
the conditions of home confinement shall be that the minor:
(i) remain within the interior premises of the place
designated for his or her confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the court
into the minor's place of confinement at any time for purposes
of verifying the minor's compliance with the conditions of his
or her confinement; and
(iii) use an approved electronic monitoring device if
ordered by the court subject to Article 8A of Chapter V of the
Unified Code of Corrections;
(r) refrain from entering into a designated geographic area
except upon terms as the court finds appropriate. The terms may
include consideration of the purpose of the entry, the time of day,
other persons accompanying the minor, and advance approval by a
probation officer, if the minor has been placed on probation, or
advance approval by the court, if the minor has been placed on
conditional discharge;
(s) refrain from having any contact, directly or indirectly,
with certain specified persons or particular types of persons,
[May 17, 2001] 32
including but not limited to members of street gangs and drug users
or dealers;
(s-5) undergo a medical or other procedure to have a tattoo
symbolizing allegiance to a street gang removed from his or her
body;
(t) refrain from having in his or her body the presence of
any illicit drug prohibited by the Cannabis Control Act or the
Illinois Controlled Substances Act, unless prescribed by a
physician, and shall submit samples of his or her blood or urine or
both for tests to determine the presence of any illicit drug; or
(u) comply with other conditions as may be ordered by the
court.
(3) The court may as a condition of probation or of conditional
discharge require that a minor found guilty on any alcohol, cannabis,
or controlled substance violation, refrain from acquiring a driver's
license during the period of probation or conditional discharge. If
the minor is in possession of a permit or license, the court may
require that the minor refrain from driving or operating any motor
vehicle during the period of probation or conditional discharge, except
as may be necessary in the course of the minor's lawful employment.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty and
placed on probation for reasons that include a violation of Section
3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph
(d) of subsection (1) of Section 21-1 of the Criminal Code of 1961
undergo medical or psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist. The
condition may be in addition to any other condition.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which he or she is being
released.
(5) The court shall impose upon a minor placed on probation or
conditional discharge, as a condition of the probation or conditional
discharge, a fee of $25 for each month of probation or conditional
discharge supervision ordered by the court, unless after determining
the inability of the minor placed on probation or conditional discharge
to pay the fee, the court assesses a lesser amount. The court may not
impose the fee on a minor who is made a ward of the State under this
Act while the minor is in placement. The fee shall be imposed only
upon a minor who is actively supervised by the probation and court
services department. The court may order the parent, guardian, or
legal custodian of the minor to pay some or all of the fee on the
minor's behalf.
(6) The General Assembly finds that in order to protect the
public, the juvenile justice system must compel compliance with the
conditions of probation by responding to violations with swift,
certain, and fair punishments and intermediate sanctions. The Chief
Judge of each circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a sentence of
supervision, probation or conditional discharge, under this Act.
The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the probation
agency may invoke any sanction from the list of intermediate sanctions
adopted by the chief judge of the circuit court for violations of the
terms and conditions of the sentence of probation, conditional
discharge, or supervision, subject to the provisions of Section 5-720
of this Act.
(Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
Section 20. The Criminal Code of 1961 is amended by changing
Section 21-1 as follows:
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(1) A person commits an illegal act when he:
(a) knowingly damages any property of another without his
consent; or
(b) recklessly by means of fire or explosive damages property
33 [May 17, 2001]
of another; or
(c) knowingly starts a fire on the land of another without
his consent; or
(d) knowingly injures a domestic animal of another without
his consent; or
(e) knowingly deposits on the land or in the building of
another, without his consent, any stink bomb or any offensive
smelling compound and thereby intends to interfere with the use by
another of the land or building; or
(f) damages any property, other than as described in
subsection (b) of Section 20-1, with intent to defraud an insurer;
or
(g) knowingly shoots a firearm at any portion of a railroad
train.
When the charge of criminal damage to property exceeding a
specified value is brought, the extent of the damage is an element of
the offense to be resolved by the trier of fact as either exceeding or
not exceeding the specified value.
(2) The acts described in items (a), (b), (c), (e), and through
(f) are Class A misdemeanors if the damage to property does not exceed
$300. The acts described in items (a), (b), (c), (e), and through (f)
are Class 4 felonies if the damage to property does not exceed $300 if
the damage occurs to property of a school or place of worship. The act
described in item (d) is a Class 4 felony if the damage to property
does not exceed $10,000. The act described in item (g) is a Class 4
felony. The acts described in items (a), (b), (c), (e), and through
(f) are Class 4 felonies if the damage to property exceeds $300 but
does not exceed $10,000. The acts described in items (a) through (f)
are Class 3 felonies if the damage to property exceeds $300 but does
not exceed $10,000 if the damage occurs to property of a school or
place of worship. The acts described in items (a) through (f) are
Class 3 felonies if the damage to property exceeds $10,000 but does not
exceed $100,000. The acts described in items (a) through (f) are Class
2 felonies if the damage to property exceeds $10,000 but does not
exceed $100,000 if the damage occurs to property of a school or place
of worship. The acts described in items (a) through (f) are Class 2
felonies if the damage to property exceeds $100,000. The acts
described in items (a) through (f) are Class 1 felonies if the damage
to property exceeds $100,000 and the damage occurs to property of a
school or place of worship. If the damage to property exceeds $10,000,
the court shall impose upon the offender a fine equal to the value of
the damages to the property.
(3) In addition to any other sentence that may be imposed, a court
shall order any person convicted of criminal damage to property to
perform community service for not less than 30 and not more than 120
hours, if community service is available in the jurisdiction and is
funded and approved by the county board of the county where the offense
was committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the supervision
shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of
incarceration.
(Source: P.A. 91-360, eff. 7-29-99.)
Section 25. The State Finance Act is amended by adding Section
5.545 as follows:
(30 ILCS 105/5.545 new)
Sec. 5.545. The Illinois Animal Abuse Fund.
Section 30. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect on January 1,
2002.".
Floor Amendments numbered 2 and 3 remained in the Committee on
Rules.
There being no further amendments, the foregoing Amendment No. 1
[May 17, 2001] 34
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 858. Having been read by title a second time on May
16, 2001, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Labor,
adopted and printed.
AMENDMENT NO. 1 TO SENATE BILL 858
AMENDMENT NO. 1. Amend Senate Bill 858 as follows:
on page 1, by replacing lines 1 and 2 with the following:
"AN ACT in relation to unemployment insurance."; and
on page 1, line 6, by changing "Section 500" to "Sections 500 and 703";
and
on page 7, by inserting after line 20 the following:
"(820 ILCS 405/703) (from Ch. 48, par. 453)
Sec. 703. Reconsideration of findings or determinations.
The claims adjudicator may reconsider his finding at any time
within thirteen weeks after the close of the benefit year. He may
reconsider his determination at any time within one year after the last
day of the week for which the determination was made, except that if
the issue is whether or not, by reason of a back pay award made by any
governmental agency or pursuant to arbitration proceedings, or by
reason of a payment of wages wrongfully withheld by an employing unit,
an individual has received wages for a week with respect to which he or
she has received benefits or if the issue is whether or not the
claimant misstated his earnings for the week, such reconsidered
determination may be made at any time within 3 two years after the last
day of the week. No finding or determination shall be reconsidered at
any time after appeal therefrom has been taken pursuant to the
provisions of Section 800, except where a case has been remanded to the
claims adjudicator by a Referee, the Director or the Board of Review,
and except, further, that if an issue as to whether or not the claimant
misstated his earnings is newly discovered, the determination may be
reconsidered after and notwithstanding the fact that the decision upon
the appeal has become final. Notice of such reconsidered determination
or reconsidered finding shall be promptly given to the parties entitled
to notice of the original determination or finding, as the case may be,
in the same manner as is prescribed therefor, and such reconsidered
determination or reconsidered finding shall be subject to appeal in the
same manner and shall be given the same effect as is provided for an
original determination or finding.
(Source: P.A. 77-1443.)".
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 898. Having been read by title a second time on May
16, 2001, and held on the order of Second Reading, the same was again
taken up.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
SENATE BILL 984. Having been read by title a second time on May 8,
2001, and held on the order of Second Reading, the same was again taken
up.
The following amendment was offered in the Committee on Revenue,
adopted and printed.
35 [May 17, 2001]
AMENDMENT NO. 1 TO SENATE BILL 984
AMENDMENT NO. 1. Amend Senate Bill 984 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.
Having been read by title a second time on May 8, 2001 and held,
the following bill was taken up and advanced to the order of Third
Reading: SENATE BILL 1128.
SENATE BILLS ON THIRD READING
On motion of Representative Parke, SENATE BILL 868 was taken up and
read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 15)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Dart, SENATE BILL 629 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:
108, Yeas; 6, Nays; 1, Answering Present.
(ROLL CALL 16)
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.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were printed
and laid upon the Members' desks. These bills have been examined, any
amendments thereto engrossed and any errors corrected. Any amendments
pending were tabled pursuant to Rule 40(a).
On motion of Representative Saviano, HOUSE BILL 859 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:
84, Yeas; 29, Nays; 2, Answering Present.
(ROLL CALL 17)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
On motion of Representative Saviano, HOUSE BILL 1815 was taken up
[May 17, 2001] 36
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 18)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
DISTRIBUTION OF SUPPLEMENTAL CALENDAR
Supplemental Calendar No. 1 was distributed to the Members at 1:15
o'clock p.m.
SENATE BILLS ON SECOND READING
SENATE BILL 417. 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 417
AMENDMENT NO. 1. Amend Senate Bill 417 on page 2, line 17, after
"1.75%" by inserting "or $1,250 per return, whichever is less".
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.
RECALLS
By unanimous consent, on motion of Representative Saviano, HOUSE
BILL 859 was recalled from the order of Third Reading to the order of
Second Reading for the purpose of amendment.
And the bill was again taken up on the order of Second Reading.
Pursuant to the motion submitted previously, Representative Saviano
moved to table Amendment No. 1.
The motion prevailed.
There being no further amendments, the bill was again advanced to
the order of Third Reading.
ACTION ON MOTIONS
Pursuant to the motion submitted previously, Representative Saviano
moved to reconsider the vote by which HOUSE BILL 859 passed the House
earlier today.
The motion prevailed.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were printed
and laid upon the Members' desks. This bill has been examined, any
amendments thereto engrossed and any errors corrected. Any amendments
pending were tabled pursuant to Rule 40(a).
On motion of Representative Saviano, HOUSE BILL 859 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
37 [May 17, 2001]
the affirmative by the following vote:
64, Yeas; 50, Nays; 1, Answering Present.
(ROLL CALL 19)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
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 Klingler, SENATE BILL 838 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 20)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Klingler, SENATE BILL 840 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 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 Wirsing, SENATE BILL 842 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 22)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
RESOLUTIONS
HOUSE JOINT RESOLUTION 43 was taken up for consideration.
HOUSE JOINT RESOLUTION 43
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that when the House of Representatives adjourns on Thursday,
May 17, 2001, it stands adjourned until Friday, May 18, 2001 in
Perfunctory Session, and when it adjourns on that day, it stands
adjourned until Monday, May 21, 2001; and when the Senate adjourns on
Friday, May 18, 2001 it stands adjourned until Monday, May 21, 2001.
Representative Currie moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
Ordered that the Clerk inform the Senate and ask their concurrence.
SENATE BILLS ON SECOND READING
SENATE BILL 385. Having been printed, was taken up and read by
[May 17, 2001] 38
title a second time.
The following amendment was offered in the Committee on Executive,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 385
AMENDMENT NO. 1. Amend Senate Bill 385 by replacing everything
after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing Sections
3-5018, 3-5036, 4-2002.1, 4-4001, 4-12003, and 5-1113 as follows:
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
(Text of Section before amendment by P.A. 91-893)
Sec. 3-5018. Fees. The recorder elected as provided for in this
Division shall receive such fees as are or may be provided for him by
law, in case of provision therefor: otherwise he shall receive the same
fees as are or may be provided in this Section, except when increased
by county ordinance pursuant to the provisions of this Section, to be
paid to the county clerk for his services in the office of recorder for
like services. No filing fee shall be charged for providing
informational copies of financing statements to the recorder pursuant
to subsection (8) of Section 9-403 of the Uniform Commercial Code.
For recording deeds or other instruments $12 for the first 4 pages
thereof, plus $1 for each additional page thereof, plus $1 for each
additional document number therein noted. The aggregate minimum fee
for recording any one instrument shall not be less than $12.
For recording deeds or other instruments wherein the premises
affected thereby are referred to by document number and not by legal
description a fee of $1 in addition to that hereinabove referred to for
each document number therein noted.
For recording assignments of mortgages, leases or liens $12 for the
first 4 pages thereof, plus $1 for each additional page thereof.
However, except for leases and liens pertaining to oil, gas and other
minerals, whenever a mortgage, lease or lien assignment assigns more
than one mortgage, lease or lien document, a $7 fee shall be charged
for the recording of each such mortgage, lease or lien document after
the first one.
For recording maps or plats of additions or subdivisions approved
by the county or municipality (including the spreading of the same of
record in map case or other proper books) or plats of condominiums $50
for the first page, plus $1 for each additional page thereof except
that in the case of recording a single page, legal size 8 1/2 x 14,
plat of survey in which there are no more than two lots or parcels of
land, the fee shall be $12. In each county where such maps or plats
are to be recorded, the recorder may require the same to be accompanied
by such number of exact, true and legible copies thereof as the
recorder deems necessary for the efficient conduct and operation of his
office.
For certified copies of records the same fees as for recording, but
in no case shall the fee for a certified copy of a map or plat of an
addition, subdivision or otherwise exceed $10.
Each certificate of such recorder of the recording of the deed or
other writing and of the date of recording the same signed by such
recorder, shall be sufficient evidence of the recording thereof, and
such certificate including the indexing of record, shall be furnished
upon the payment of the fee for recording the instrument, and no
additional fee shall be allowed for the certificate or indexing.
The recorder shall charge an additional fee, in an amount equal to
the fee otherwise provided by law, for recording a document (other than
a document filed under the Plat Act or the Uniform Commercial Code)
that does not conform to the following standards:
(1) The document shall consist of one or more individual
sheets measuring 8.5 inches by 11 inches, not permanently bound and
not a continuous form. Graphic displays accompanying a document to
be recorded that measure up to 11 inches by 17 inches shall be
recorded without charging an additional fee.
39 [May 17, 2001]
(2) The document shall be legibly printed in black ink, by
hand, type, or computer. Signatures and dates may be in
contrasting colors if they will reproduce clearly.
(3) The document shall be on white paper of not less than
20-pound weight and shall have a clean margin of at least one-half
inch on the top, the bottom, and each side. Margins may be used
for non-essential notations that will not affect the validity of
the document, including but not limited to form numbers, page
numbers, and customer notations.
(4) The first page of the document shall contain a blank
space, measuring at least 3 inches by 5 inches, from the upper
right corner.
(5) The document shall not have any attachment stapled or
otherwise affixed to any page.
A document that does not conform to these standards shall not be
recorded except upon payment of the additional fee required under this
paragraph. This paragraph, as amended by this amendatory Act of 1995,
applies only to documents dated after the effective date of this
amendatory Act of 1995.
The county board of any county may by resolution provide for an
additional charge of $3 for filing every instrument, paper, or notice
for record, in order to defray the cost of the county recorder's
operations relating to computer, micrographics, or any other means of
automation of books and records. converting the county recorder's
document storage system to computers or micrographics.
A special fund shall be set up by the treasurer of the county and
such funds collected pursuant to the preceding paragraph Public Act
83-1321 shall be used solely for the costs and necessary expenses
incurred by a county recorder to implement and maintain the automation
of books and records by computer, micrographics, or any other means,
including but not limited to electronic interface allowing public
access to these records over the World Wide Web. a document storage
system to provide the equipment, materials and necessary expenses
incurred to help defray the costs of implementing and maintaining such
a document records system.
The county board of any county that provides and maintains a
countywide map through a Geographic Information System (GIS) may
provide for an additional charge of $3 for filing every instrument,
paper, or notice for record in order to defray the cost of implementing
or maintaining the county's Geographic Information System. Of that
amount, $2 must be deposited into a special fund set up by the
treasurer of the county, and any moneys collected pursuant to this
amendatory Act of the 91st General Assembly and deposited into that
fund must be used solely for the equipment, materials, and necessary
expenses incurred in implementing and maintaining a Geographic
Information System. The remaining $1 must be deposited into the
recorder's special funds created under Section 3-5005.4. The recorder
may, in his or her discretion, use moneys in the funds created under
Section 3-5005.4 to defray the cost of implementing or maintaining the
county's Geographic Information System.
The foregoing fees allowed by this Section are the maximum fees
that may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by
ordinance, increase the fees allowed by this Section and collect such
increased fees from all persons and entities other than officers,
agencies, departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of
providing the service.
A statement of the costs of providing each service, program and
activity shall be prepared by the county board. All supporting
documents shall be public record and subject to public examination and
audit. All direct and indirect costs, as defined in the United States
Office of Management and Budget Circular A-87, may be included in the
determination of the costs of each service, program and activity.
(Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 91-886, eff.
[May 17, 2001] 40
1-1-01.)
(Text of Section after amendment by P.A. 91-893)
Sec. 3-5018. Fees. The recorder elected as provided for in this
Division shall receive such fees as are or may be provided for him by
law, in case of provision therefor: otherwise he shall receive the same
fees as are or may be provided in this Section, except when increased
by county ordinance pursuant to the provisions of this Section, to be
paid to the county clerk for his services in the office of recorder for
like services.
For recording deeds or other instruments $12 for the first 4 pages
thereof, plus $1 for each additional page thereof, plus $1 for each
additional document number therein noted. The aggregate minimum fee
for recording any one instrument shall not be less than $12.
For recording deeds or other instruments wherein the premises
affected thereby are referred to by document number and not by legal
description a fee of $1 in addition to that hereinabove referred to for
each document number therein noted.
For recording assignments of mortgages, leases or liens $12 for the
first 4 pages thereof, plus $1 for each additional page thereof.
However, except for leases and liens pertaining to oil, gas and other
minerals, whenever a mortgage, lease or lien assignment assigns more
than one mortgage, lease or lien document, a $7 fee shall be charged
for the recording of each such mortgage, lease or lien document after
the first one.
For recording maps or plats of additions or subdivisions approved
by the county or municipality (including the spreading of the same of
record in map case or other proper books) or plats of condominiums $50
for the first page, plus $1 for each additional page thereof except
that in the case of recording a single page, legal size 8 1/2 x 14,
plat of survey in which there are no more than two lots or parcels of
land, the fee shall be $12. In each county where such maps or plats
are to be recorded, the recorder may require the same to be accompanied
by such number of exact, true and legible copies thereof as the
recorder deems necessary for the efficient conduct and operation of his
office.
For certified copies of records the same fees as for recording, but
in no case shall the fee for a certified copy of a map or plat of an
addition, subdivision or otherwise exceed $10.
Each certificate of such recorder of the recording of the deed or
other writing and of the date of recording the same signed by such
recorder, shall be sufficient evidence of the recording thereof, and
such certificate including the indexing of record, shall be furnished
upon the payment of the fee for recording the instrument, and no
additional fee shall be allowed for the certificate or indexing.
The recorder shall charge an additional fee, in an amount equal to
the fee otherwise provided by law, for recording a document (other than
a document filed under the Plat Act or the Uniform Commercial Code)
that does not conform to the following standards:
(1) The document shall consist of one or more individual
sheets measuring 8.5 inches by 11 inches, not permanently bound and
not a continuous form. Graphic displays accompanying a document to
be recorded that measure up to 11 inches by 17 inches shall be
recorded without charging an additional fee.
(2) The document shall be legibly printed in black ink, by
hand, type, or computer. Signatures and dates may be in
contrasting colors if they will reproduce clearly.
(3) The document shall be on white paper of not less than
20-pound weight and shall have a clean margin of at least one-half
inch on the top, the bottom, and each side. Margins may be used
for non-essential notations that will not affect the validity of
the document, including but not limited to form numbers, page
numbers, and customer notations.
(4) The first page of the document shall contain a blank
space, measuring at least 3 inches by 5 inches, from the upper
right corner.
(5) The document shall not have any attachment stapled or
41 [May 17, 2001]
otherwise affixed to any page.
A document that does not conform to these standards shall not be
recorded except upon payment of the additional fee required under this
paragraph. This paragraph, as amended by this amendatory Act of 1995,
applies only to documents dated after the effective date of this
amendatory Act of 1995.
The county board of any county may by resolution provide for an
additional charge of $3 for filing every instrument, paper, or notice
for record, in order to defray the cost of the county recorder's
operations relating to computer, micrographics, or any other means of
automation of books and records. converting the county recorder's
document storage system to computers or micrographics.
A special fund shall be set up by the treasurer of the county and
such funds collected pursuant to the preceding paragraph Public Act
83-1321 shall be used solely for the costs and necessary expenses
incurred by a county recorder to implement and maintain the automation
of books and records by computer, micrographics, or any other means,
including but not limited to electronic interface allowing public
access to these records over the World Wide Web. a document storage
system to provide the equipment, materials and necessary expenses
incurred to help defray the costs of implementing and maintaining such
a document records system.
The county board of any county that provides and maintains a
countywide map through a Geographic Information System (GIS) may
provide for an additional charge of $3 for filing every instrument,
paper, or notice for record in order to defray the cost of implementing
or maintaining the county's Geographic Information System. Of that
amount, $2 must be deposited into a special fund set up by the
treasurer of the county, and any moneys collected pursuant to this
amendatory Act of the 91st General Assembly and deposited into that
fund must be used solely for the equipment, materials, and necessary
expenses incurred in implementing and maintaining a Geographic
Information System. The remaining $1 must be deposited into the
recorder's special funds created under Section 3-5005.4. The recorder
may, in his or her discretion, use moneys in the funds created under
Section 3-5005.4 to defray the cost of implementing or maintaining the
county's Geographic Information System.
The foregoing fees allowed by this Section are the maximum fees
that may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by
ordinance, increase the fees allowed by this Section and collect such
increased fees from all persons and entities other than officers,
agencies, departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of
providing the service.
A statement of the costs of providing each service, program and
activity shall be prepared by the county board. All supporting
documents shall be public record and subject to public examination and
audit. All direct and indirect costs, as defined in the United States
Office of Management and Budget Circular A-87, may be included in the
determination of the costs of each service, program and activity.
(Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 91-886, eff.
1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.)
(55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036)
Sec. 3-5036. Records open to inspection. All records, indices,
abstract and other books kept in the office of any recorder, and all
instruments filed therein and all instruments deposited or left for
recordation therein shall, during the office hours, be open for public
inspection and examination; and all persons shall have free access for
inspection and examination to such records, indices, books and
instruments, which the recorders shall be bound to exhibit to those who
wish to inspect or examine the same; and all persons shall have the
right to take memoranda and abstracts thereof without fee or reward.
This Section is subject to the provisions of "The Local Records Act".
Records, indices, abstracts, and other books kept in the office of
[May 17, 2001] 42
the recorder, and all instruments filed, deposited, or left there for
recordation, may be made available on a Web site maintained by the
county recorder on the World Wide Web. Making records available on the
World Wide Web does not alter or satisfy any duties of the county
recorder to keep, maintain, or otherwise make available records of the
office as required by law. The county recorder may make these records
available in a format which enables greater access, use, and
searchability of these records as a value-added service. If authorized
by resolution of the county board, a reasonable fee may be assessed
against any person who may access or copy records using value-added
services of a World Wide Web site maintained by the county recorder.
The county recorder may also charge any fee for accessing or copying
records that would customarily be charged to a person accessing or
copying these records while at the office of the county recorder.
(Source: P.A. 86-962.)
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
Sec. 4-2002.1. State's attorney fees in counties of 3,000,000 or
more population. This Section applies only to counties with 3,000,000
or more inhabitants. In addition, counties with 80,000 or more
inhabitants but less than 3,000,000 inhabitants may by resolution
provide for fee amounts up to the amounts listed in this Section;
otherwise, the applicable fee amounts shall be as provided in Section
4-2002 of this Code.
(a) State's attorneys shall be entitled to the following fees:
For each conviction in prosecutions on indictments for first degree
murder, second degree murder, involuntary manslaughter, criminal sexual
assault, aggravated criminal sexual assault, aggravated criminal sexual
abuse, kidnapping, arson and forgery, $60. All other cases punishable
by imprisonment in the penitentiary, $60.
For each conviction in other cases tried before judges of the
circuit court, $30; except that if the conviction is in a case which
may be assigned to an associate judge, whether or not it is in fact
assigned to an associate judge, the fee shall be $20.
For preliminary examinations for each defendant held to bail or
recognizance, $20.
For each examination of a party bound over to keep the peace, $20.
For each defendant held to answer in a circuit court on a charge of
paternity, $20.
For each trial on a charge of paternity, $60.
For each case of appeal taken from his county or from the county to
which a change of venue is taken to his county to the Supreme or
Appellate Court when prosecuted or defended by him, $100.
For each day actually employed in the trial of a case, $50; in
which case the court before whom the case is tried shall make an order
specifying the number of days for which a per diem shall be allowed.
For each day actually employed in the trial of cases of felony
arising in their respective counties and taken by change of venue to
another county, $50; and the court before whom the case is tried shall
make an order specifying the number of days for which said per diem
shall be allowed; and it is hereby made the duty of each State's
attorney to prepare and try each case of felony arising when so taken
by change of venue.
For assisting in a trial of each case on an indictment for felony
brought by change of venue to their respective counties, the same fees
they would be entitled to if such indictment had been found for an
offense committed in his county, and it shall be the duty of the
State's attorney of the county to which such cause is taken by change
of venue to assist in the trial thereof.
For each case of forfeited recognizance where the forfeiture is set
aside at the instance of the defense, in addition to the ordinary
costs, $20 for each defendant.
For each proceeding in a circuit court to inquire into the alleged
mental illness of any person, $20 for each defendant.
For each proceeding in a circuit court to inquire into the alleged
dependency or delinquency of any child, $20.
For each day actually employed in the hearing of a case of habeas
43 [May 17, 2001]
corpus in which the people are interested, $50.
All the foregoing fees shall be taxed as costs to be collected from
the defendant, if possible, upon conviction. But in cases of inquiry
into the mental illness of any person alleged to be mentally ill, in
cases on a charge of paternity and in cases of appeal in the Supreme or
Appellate Court, where judgment is in favor of the accused, the fees
allowed the State's attorney therein shall be retained out of the fines
and forfeitures collected by them in other cases.
Ten per cent of all moneys except revenue, collected by them and
paid over to the authorities entitled thereto, which per cent together
with the fees provided for herein that are not collected from the
parties tried or examined, shall be paid out of any fines and forfeited
recognizances collected by them, provided however, that in proceedings
to foreclose the lien of delinquent real estate taxes State's attorneys
shall receive a fee, to be credited to the earnings of their office, of
10% of the total amount realized from the sale of real estate sold in
such proceedings. Such fees shall be paid from the total amount
realized from the sale of the real estate sold in such proceedings.
State's attorneys shall have a lien for their fees on all judgments
for fines or forfeitures procured by them and on moneys except revenue
received by them until such fees and earnings are fully paid.
No fees shall be charged on more than 10 counts in any one
indictment or information on trial and conviction; nor on more than 10
counts against any one defendant on pleas of guilty.
The Circuit Court may direct that of all monies received, by
restitution or otherwise, which monies are ordered paid to the
Department of Public Aid or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department of Human
Services Act) as a direct result of the efforts of the State's attorney
and which payments arise from Civil or Criminal prosecutions involving
the Illinois Public Aid Code or the Criminal Code, the following
amounts shall be paid quarterly by the Department of Public Aid or the
Department of Human Services to the General Corporate Fund of the
County in which the prosecution or cause of action took place:
(1) where the monies result from child support obligations,
not less than 25% of the federal share of the monies received,
(2) where the monies result from other than child support
obligations, not less than 25% of the State's share of the monies
received.
(b) A municipality shall be entitled to a $10 prosecution fee for
each conviction for a violation of the Illinois Vehicle Code prosecuted
by the municipal attorney pursuant to Section 16-102 of that Code which
is tried before a circuit or associate judge and shall be entitled to a
$10 prosecution fee for each conviction for a violation of a municipal
vehicle ordinance prosecuted by the municipal attorney which is tried
before a circuit or associate judge. Such fee shall be taxed as costs
to be collected from the defendant, if possible, upon conviction. A
municipality shall have a lien for such prosecution fees on all
judgments or fines procured by the municipal attorney from prosecutions
for violations of the Illinois Vehicle Code and municipal vehicle
ordinances.
For the purposes of this subsection (b), "municipal vehicle
ordinance" means any ordinance enacted pursuant to Sections 11-40-1,
11-40-2, 11-40-2a and 11-40-3 of the Illinois Municipal Code or any
ordinance enacted by a municipality which is similar to a provision of
Chapter 11 of the Illinois Vehicle Code.
(Source: P.A. 89-507, eff. 7-1-97.)
(55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
Sec. 4-4001. County Clerks; counties of first and second class. The
fees of the county clerk in counties of the first and second class,
except when increased by county ordinance pursuant to the provisions of
this Section, shall be:
For each official copy of any process, file, record or other
instrument of and pertaining to his office, 50¢ for each 100 words, and
$1 additional for certifying and sealing the same.
For filing any paper not herein otherwise provided for, $1, except
[May 17, 2001] 44
that no fee shall be charged for filing a Statement of economic
interest pursuant to the Illinois Governmental Ethics Act or reports
made pursuant to Article 9 of The Election Code.
For issuance of fireworks permits, $2.
For issuance of liquor licenses, $5.
For filing and recording of the appointment and oath of each public
official, $3.
For officially certifying and sealing each copy of any process,
file, record or other instrument of and pertaining to his office, $1.
For swearing any person to an affidavit, $1.
For issuing each license in all matters except where the fee for
the issuance thereof is otherwise fixed, $4.
For issuing each marriage license, the certificate thereof, and for
recording the same, including the recording of the parent's or
guardian's consent where indicated, $15.
For taking and certifying acknowledgments to any instrument, except
where herein otherwise provided for, $1.
For issuing each certificate of appointment or commission, the fee
for which is not otherwise fixed by law, $1.
For cancelling tax sale and issuing and sealing certificates of
redemption, $3.
For issuing order to county treasurer for redemption of forfeited
tax, $2.
For trying and sealing weights and measures by county standard,
together with all actual expenses in connection therewith, $1.
For services in case of estrays, $2.
The following fees shall be allowed for services attending the sale
of land for taxes, and shall be charged as costs against the delinquent
property and be collected with the taxes thereon:
For services in attending the tax sale and issuing certificate of
sale and sealing the same, for each tract or town lot sold, $4. The
County Board of any county of the first or second class may by
resolution authorize the County Clerk to impose an additional $10
charge for issuing each certificate of sale for the sole purpose of
defraying the cost of converting the County Clerk's tax extension and
redemption system to computers and micrographics and for maintaining
this system. The County Board of any county of the first or second
class may by resolution authorize the County Treasurer to establish a
special fund for deposit of the additional charge. Moneys in the
special fund shall be used solely to provide the equipment, material,
and necessary expenses incurred to help defray the cost of implementing
and maintaining the tax extension and redemption system.
For making list of delinquent lands and town lots sold, to be filed
with the Comptroller, for each tract or town lot sold, 10¢.
The foregoing fees allowed by this Section are the maximum fees
that may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by
ordinance, increase the fees allowed by this Section and collect such
increased fees from all persons and entities other than officers,
agencies, departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of
providing the service.
A Statement of the costs of providing each service, program and
activity shall be prepared by the county board. All supporting
documents shall be public record and subject to public examination and
audit. All direct and indirect costs, as defined in the United States
Office of Management and Budget Circular A-87, may be included in the
determination of the costs of each service, program and activity.
The county clerk in all cases may demand and receive the payment of
all fees for services in advance so far as the same can be ascertained.
The county board of any county of the first or second class may by
ordinance authorize the county clerk to impose an additional $2 charge
for certified copies of vital records as defined in Section 1 of the
Vital Records Act, for the sole purpose of defraying the cost of
converting the county clerk's document storage system for vital records
45 [May 17, 2001]
as defined in Section 1 of the Vital Records Act to computers or
micrographics, and for maintaining such system.
The county board of any county of the first or second class may by
ordinance authorize the county treasurer to establish a special fund
for deposit of the additional charge. Moneys in the special fund shall
be used solely to provide the equipment, material and necessary
expenses incurred to help defray the cost of implementing and
maintaining such document storage system.
The fees allowed by this Section are the maximum fees that may be
collected from any officer, agency, department, or other
instrumentality of the State. The county board may, however, by
resolution, increase the fees allowed by this Section and collect these
increased fees from all persons and entities other than officers,
agencies, departments, and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of
providing the service.
A Statement of the costs of providing each service, program, and
activity shall be prepared by the county board. All supporting
documents shall be public records and subject to public examination and
audit. All direct and indirect costs, as defined in the United States
Office of Management and Budget Circular A-87, may be included in the
determination of the costs of each service, program, and activity.
The county clerk in all cases may demand and receive the payment of
all service fees in advance so far as these fees can be ascertained in
advance.
(Source: P.A. 86-962.)
(55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
Sec. 4-12003. Fees of county clerk in third class counties. The
fees of the county clerk in counties of the third class are:
For issuing each marriage license, sealing, filing and recording
the same and the certificate thereto (one charge), $30.
For taking, certifying to and sealing the acknowledgment of a deed,
power of attorney, or other writing, $1.
For filing and entering certificates in case of estrays, and
furnishing notices for publication thereof (one charge), $1.50.
For recording all papers and documents required by law to be
recorded in the office of the county clerk, $2 plus 30¢ for every 100
words in excess of 600 words.
For certificate and seal, not in a case in a court whereof he is
clerk, $1.
For making and certifying a copy of any record or paper in his
office, $2 for every page.
For filing papers in his office, 50¢ for each paper filed, except
that no fee shall be charged for filing a Statement of economic
interest pursuant to the Illinois Governmental Ethics Act or reports
made pursuant to Article 9 of The Election Code.
For making transcript of taxable property for the assessors, 8¢ for
each tract of land or town lot. For extending other than State and
county taxes, 8¢ for each tax on each tract or lot, and 8¢ for each
person's personal tax, to be paid by the authority for whose benefit
the transcript is made and the taxes extended. The county clerk shall
certify to the county collector the amount due from each authority for
such services and the collector in his settlement with such authority
shall reserve such amount from the amount payable by him to such
authority.
For adding and bringing forward with current tax warrants amounts
due for forfeited or withdrawn special assessments, 8¢ for each lot or
tract of land described and transcribed.
For computing and extending each assessment or installment thereof
and interest, 8¢ on each description; and for computing and extending
each penalty, 8¢ on each description. These fees shall be paid by the
city, village, or taxing body for whose benefit the transcript is made
and the assessment and penalties are extended. The county clerk shall
certify to the county collector the amount due from each city, village
or taxing body, for such services, and the collector in his settlement
[May 17, 2001] 46
with such taxing body shall reserve such amount from the amount payable
by him to such city, village or other taxing body.
For cancelling certificates of sale, $4 for each tract or lot.
For making search and report of general taxes and special
assessments for use in the preparation of estimate of cost of
redemption from sales or forfeitures or withdrawals or for use in the
preparation of estimate of cost of purchase of forfeited property, or
for use in preparation of order on the county collector for searches
requested by buyers at annual tax sale, for each lot or tract, $4 for
the first year searched, and $2 for each additional year or fraction
thereof.
For preparing from tax search report estimate of cost of redemption
concerning property sold, forfeited or withdrawn for non-payment of
general taxes and special assessments, if any, $1 for each lot or
tract.
For certificate of deposit for redemption, $4.
For preparing from tax search report estimate of and order to
county collector to receive amount necessary to redeem or purchase
lands or lots forfeited for non-payment of general taxes, $3 for each
lot or tract.
For preparing from tax search report estimate of and order to
county collector to receive amount necessary to redeem or purchase
lands or lots forfeited for non-payment of special assessments, $4 for
each lot or tract.
For issuing certificate of sale of forfeited property, $10.
For noting on collector's warrants tax sales subject to redemption,
20¢ for each tract or lot of land, to be paid by either the person
making the redemption from tax sale, the person surrendering the
certificate of sale for cancellation, or the person taking out tax
deed.
For noting on collector's warrant special assessments withdrawn
from collection 20¢ for each tract or lot of land, to be charged
against the lot assessed in the withdrawn special assessment when
brought forward with current tax or when redeemed by the county clerk.
The county clerk shall certify to the county collector the amount due
from each city, village or taxing body for such fees, each year, and
the county collector in his settlement with such taxing body shall
reserve such amount from the amount payable by him to such taxing body.
For taking and approving official bond of a town assessor, filing
and recording same, and issuing certificate of election or
qualification to such official or to the Secretary of State, $10, to be
paid by the officer-elect.
For certified copies of plats, 20¢ for each lot shown in copy, but
no charge less than $4.
For tax search and issuing Statement regarding same on new plats to
be recorded, $10.
For furnishing written description in conformity with permanent
real estate index number, $2 for each written description.
The following fees shall be allowed for services in matters of
taxes and assessments, and shall be charged as costs against the
delinquent property, and collected with the taxes thereon:
For entering judgment, 8¢ for each tract or lot.
For services in attending the tax sale and issuing certificates of
sale and sealing the same, $10 for each tract or lot. The County Board
may by resolution authorize the County Clerk to impose an additional
$10 charge for issuing each certificate of sale for the sole purpose of
defraying the cost of converting the County Clerk's tax extension and
redemption system to computers and micrographics and for maintaining
this system. The County Board may by resolution authorize the County
Treasurer to establish a special fund for deposit of the additional
charge. Moneys in the special fund shall be used solely to provide
the equipment, material, and necessary expenses incurred to help defray
the cost of implementing and maintaining the tax extension and
redemption system.
For making list of delinquent lands and town lots sold, to be filed
with the State Comptroller, 10¢ for each tract or lot sold.
47 [May 17, 2001]
The following fees shall be audited and allowed by the board of
county commissioners and paid from the county treasury.
For computing State or county taxes, on each description of real
estate and each person's, firm's or corporation's personal property
tax, for each extension of each tax, 4¢, which shall include the
transcribing of the collector's books.
For computing, extending and bringing forward, and adding to the
current tax, the amount due for general taxes on lands and lots
previously forfeited to the State, for each extension of each tax, 4¢
for the first year, and for computing and extending the tax and penalty
for each additional year, 6¢.
For making duplicate or triplicate sets of books, containing
transcripts of taxable property, for the board of assessors and board
of review, 3¢ for each description entered in each book.
For filing, indexing and recording or binding each birth, death or
stillbirth certificate or report, 15¢, which fee shall be in full for
all services in connection therewith, including the keeping of accounts
with district registrars.
For posting new subdivisions or plats in official atlases, 25¢ for
each lot.
For compiling new sheets for atlases, 20¢ for each lot.
For compiling new atlases, including necessary record searches, 25¢
for each lot.
For investigating and reporting on each new plat, referred to
county clerk, $2.
For attending sessions of the board of county commissioners
thereof, $5 per day, for each clerk in attendance.
For recording proceedings of the board of county commissioners, 15¢
per 100 words.
For filing papers which must be kept in office of comptroller of
Cook County, 10¢ for each paper filed.
For filing and indexing contracts, bonds, communications, and other
such papers which must be kept in office of comptroller of Cook County,
15¢ for each document.
For swearing any person to necessary affidavits relating to the
correctness of claims against the county, 25¢.
For issuing warrants in payment of salaries, supplies and other
accounts, and all necessary auditing and bookkeeping work in connection
therewith, 10¢ each.
The fee requirements of this Section do not apply to units of local
government or school districts.
(Source: P.A. 86-962; 87-669.)
(55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113)
Sec. 5-1113. Ordinance and rules to execute powers; limitations on
punishments. The county board may pass all ordinances and make all
rules and regulations proper or necessary, to carry into effect the
powers granted to counties, with such fines or penalties as may be
deemed proper except where a specific provision for a fine or penalty
is provided by law. No fine or penalty, however, except civil penalties
provided for failure to make returns or to pay any taxes levied by the
county shall exceed $750 $500.
(Source: P.A. 86-962.)
Section 10. The Clerks of Courts Act is amended by changing
Sections 27.1, 27.1a, 27.2, 27.2a, 27.5, and 27.6 as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in all
counties having a population of 180,000 inhabitants or less shall be
paid in advance, except as otherwise provided, and shall be as provided
in this Section. However, counties having a population of 80,000 or
more inhabitants but not more than 180,000 inhabitants may by
resolution of the county board provide for increased fee amounts up to
the maximums listed in Section 27.2 of this Act. In the absence of
such a county board resolution, the fees shall be as follows:
(a) Civil Cases.
(1) All civil cases except as otherwise
provided........................................... $40
[May 17, 2001] 48
(2) Judicial Sales (except Probate).......... $40
(b) Family.
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, filing
transcript of commitment proceedings held in
another county, and cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal.
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including
without limitation when the disposition is
court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $62.50 as a
fee for the services of a jury. The jury fee shall
be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by
the defendant, no jury shall be called, and the
case shall be tried by the court without a jury.
(d) Other Civil Cases.
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $62.50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
49 [May 17, 2001]
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer.
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings.
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer.
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain.
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement.
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate.
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor or minors, or petitions to sell
real estate in the administration of any estate.... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue.
[May 17, 2001] 50
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance.
In civil cases................................ $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints.
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed.
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes.
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication.
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions.
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim.
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment.
From a court, the same fee as if case
originally filed.
(t) Publications.
51 [May 17, 2001]
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections.
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for maintaining child support
records and the processing of support orders to the
State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for
the official record of the Court. Such sum shall be
in addition to and separate from amounts ordered to
be paid as maintenance or child support and shall
be deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
to maintain child support orders and record all
payments issued by the State Disbursement Unit for
the official record of the Court. Unless paid in
cash or pursuant to an order for withholding, the
payment of the fee shall be by a separate
instrument from the support payment and shall be
made to the order of the Clerk. The Clerk may
recover from the person making the maintenance or
child support payment any additional cost incurred
in the collection of this annual fee.
(4) Interest earned on any funds held by the
clerk shall be turned over to the county general
fund as an earning of the office.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of
State as provided in Section 7-703 of the Family
Financial Responsibility Law and these fees shall
also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(v) Correction of Cases.
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search.
For searching a record, per year searched..... $4
(x) Printed Output.
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons.
[May 17, 2001] 52
For each alias summons issued................. $2
(z) Expungement of Records.
For each expungement petition filed........... $15
(aa) Other Fees.
Any fees not covered by this Section shall be set by rule or
administrative order of the Circuit Court, with the approval of the
Supreme Court.
(bb) Exemptions.
No fee provided for herein shall be charged to any unit of
State or local government or school district unless the Court
orders another party to pay such fee on its behalf. The fee
requirements of this Section shall not apply to police departments
or other law enforcement agencies. In this Section, "law
enforcement agency" means an agency of the State or a unit of local
government that is vested by law or ordinance with the duty to
maintain public order and to enforce criminal laws and ordinances.
The fee requirements of this Section shall not apply to any action
instituted under subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real property within
1200 feet of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take any of the
actions authorized under that subsection.
(cc) Adoptions.
(1) For an adoption.......................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(dd) Adoption exemptions.
No fee other than that set forth in subsection (cc) shall be
charged to any person in connection with an adoption proceeding.
(ee) Additional Services.
Beginning July 1, 1993, the clerk of the circuit court may
provide such additional services for which there is no fee
specified by statute in connection with the operation of the
clerk's office as may be requested by the public and agreed to by
the public and by the clerk and approved by the chief judge of the
circuit court. Any charges for additional services shall be as
agreed to between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing in this
subsection shall be construed to require any clerk to provide any
service not otherwise required by law.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-165, eff.
7-16-99; 91-321, eff. 1-1-00; 91-357, eff. 7-29-99; 91-612, eff.
10-1-99; revised 10-26-99.)
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court in all
counties having a population in excess of 180,000 but not more than
650,000 inhabitants in the instances described in this Section shall be
as provided in this Section. However, counties having a population of
more than 180,000 inhabitants but not more than 650,000 inhabitants may
by resolution of the county board provide for increased fee amounts up
to the maximums listed in Section 27.2 of this Act. The fees shall be
paid in advance and in the absence of such a county board resolution,
shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall be
$150.
(A) When the amount of money or damages or the value of
personal property claimed does not exceed $250, $10.
(B) When that amount exceeds $250 but does not exceed
$500, $20.
(C) When that amount exceeds $500 but does not exceed
$2500, $30.
(D) When that amount exceeds $2500 but does not exceed
53 [May 17, 2001]
$15,000, $75.
(E) For the exercise of eminent domain, $150. For each
additional lot or tract of land or right or interest therein
subject to be condemned, the damages in respect to which shall
require separate assessment by a jury, $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act of 1987,
$25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage Act of
1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, $40. When the plaintiff unites his
or her claim for possession with a claim for rent or damages or
both exceeding $15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or her
answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee he
or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
$1500, $50. When the amount exceeds $1500, but does not exceed
$15,000, $115. When the amount exceeds $15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case shall be
$50, except as follows:
(A) When the plaintiff in a forcible entry and detainer
case seeks possession only, $20.
(B) When the amount in the case does not exceed $1500,
$20.
(C) When that amount exceeds $1500 but does not exceed
$15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, $10; when
the amount exceeds $1,000 but does not exceed $5,000, $20; and when
the amount exceeds $5,000, $30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or order
of court, except in forcible entry and detainer cases and small
claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, $40.
(2) Petition to vacate or modify any final judgment or order
of court, except a petition to modify, terminate, or enforce a
judgment or order for child or spousal support or to modify,
suspend, or terminate an order for withholding, if filed later than
30 days after the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture, $20.
(h) Mailing.
When the clerk is required to mail, the fee will be $6, plus
the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, $10.
[May 17, 2001] 54
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, $80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, $4.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are forwarded, over
100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are forwarded, over
200 pages, an additional fee of 20 cents per page.
(5) For reproduction of any document contained in the clerk's
files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall file
the remanding order and reinstate the case with either its original
number or a new number. The Clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement the Clerk
shall advise the parties of the reinstatement. A party shall have
the same right to a jury trial on remand and reinstatement as he or
she had before the appeal, and no additional or new fee or charge
shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of $4 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case records are
maintained on an automated medium, the clerk shall be entitled to a
fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant index
inquiry or single case record inquiry when this request is made in
person and the records are maintained in a current automated
medium, and when no hard copy print output is requested. The fees
to be charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code and for filing a transcript of
commitment proceedings held in another county, $25.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of the
Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional services
for which there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested by the
public and agreed to by the clerk and approved by the chief judge
of the circuit court. Any charges for additional services shall be
as agreed to between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing in this
subsection shall be construed to require any clerk to provide any
service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of $192.50, as a fee for the services
55 [May 17, 2001]
of a jury in every civil action not quasi-criminal in its nature
and not a proceeding for the exercise of the right of eminent
domain and in every other action wherein the right of trial by jury
is or may be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand. If the fee
is not paid by either party, no jury shall be called in the action
or proceeding, and the same shall be tried by the court without a
jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10; for
recording the same, 25¢ for each 100 words. Exceptions filed to
claims presented to an assignee of a debtor who has made a
voluntary assignment for the benefit of creditors shall be
considered and treated, for the purpose of taxing costs therein, as
actions in which the party or parties filing the exceptions shall
be considered as party or parties plaintiff, and the claimant or
claimants as party or parties defendant, and those parties
respectively shall pay to the clerk the same fees as provided by
this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30 for each
expungement petition filed and an additional fee of $2 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, $100, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii) letters
of office are issued for a particular purpose without
administration of the estate, the fee shall be $25.
(2) For administration of the estate of a ward, $50, plus the
fees specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) letters of office are issued to a guardian
of the person or persons, but not of the estate or (ii)
letters of office are issued in the estate of a ward without
administration of the estate, including filing or joining in
the filing of a tax return or releasing a mortgage or
consenting to the marriage of the ward, the fee shall be $10.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, $15.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, $10; when the
amount claimed is $500 or more but less than $10,000, $25;
when the amount claimed is $10,000 or more, $40; provided that
the court in allowing a claim may add to the amount allowed
the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking equitable
relief including the construction or contest of a will,
enforcement of a contract to make a will, and proceedings
involving testamentary trusts or the appointment of
testamentary trustees, $40.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of an
[May 17, 2001] 56
executor, administrator, administrator to collect, guardian,
guardian ad litem, or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, $10.
(F) For each jury demand, $102.50.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
decedent or of any cause of action of a ward, when there is no
other administration of the estate, $30, less any amount paid
under subsection (v)(1)(B) or (v)(2)(B) except that if the
amount involved does not exceed $5,000, the fee, including any
amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be
$10.
(H) For each certified copy of letters of office, of
court order or other certification, $1, plus 50¢ per page in
excess of 3 pages for the document certified.
(I) For each exemplification, $1, plus the fee for
certification.
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay to the
clerk all postage charges incurred by the clerk in mailing
petitions, orders, notices, or other documents pursuant to the
provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal and
quasi-criminal cases from each person convicted or sentenced to
supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, $20.
(H) Motions to vacate bond forfeiture orders, $20.
(I) Motions to vacate ex parte judgments, whenever
filed, $20.
(J) Motions to vacate judgment on forfeitures, whenever
filed, $20.
(K) Motions to vacate "failure to appear" or "failure to
comply" notices sent to the Secretary of State, $20.
(2) In counties having a population in excess of 180,000 but
not more than 650,000 inhabitants, when the violation complaint is
issued by a municipal police department, the clerk shall be
entitled to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine only, the
clerk of the circuit court shall be entitled to receive, unless the
fee is excused upon a finding by the court that the defendant is
indigent, in addition to other fees or costs allowed or imposed by
law, the sum of $62.50 as a fee for the services of a jury. The
jury fee shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the defendant, no
jury shall be called, and the case shall be tried by the court
without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall be
entitled to the same fee as if it were the commencement of a new
suit.
57 [May 17, 2001]
(y) Change of Venue.
(1) For the filing of a change of case on a change of venue,
the clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(2) The fee for the preparation and certification of a record
on a change of venue to another jurisdiction, when original
documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved or the
number of taxpayers joining on the complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved,
$150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the State and
county and except in maintenance or child support cases, a sum
equal to 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court. This fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child Support
Collection Fund, of which the clerk shall be the custodian,
ex-officio, to be used by the clerk to maintain child support
orders and record all payments issued by the State Disbursement
Unit for the official record of the Court. The clerk may recover
from the person making the maintenance or child support payment
any additional cost incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and these
fees shall also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against the
party that filed the document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In this
Section, "law enforcement agency" means an agency of the State or a
unit of local government which is vested by law or ordinance with
the duty to maintain public order and to enforce criminal laws or
ordinances. "Law enforcement agency" also means the Attorney
General or any state's attorney.
(2) No fee provided herein shall be charged to any unit of
local government or school district.
(3) The fee requirements of this Section shall not apply to
any action instituted under subsection (b) of Section 11-31-1 of
the Illinois Municipal Code by a private owner or tenant of real
property within 1200 feet of a dangerous or unsafe building seeking
an order compelling the owner or owners of the building to take any
of the actions authorized under that subsection.
(ee) Adoptions.
[May 17, 2001] 58
(1) For an adoption.......................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff.
1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court in all
counties having a population in excess of 650,000 inhabitants but less
than 3,000,000 inhabitants in the instances described in this Section
shall be as provided in this Section. In those instances where a
minimum and maximum fee is stated, counties with more than 650,000
inhabitants but less than 3,000,000 inhabitants must charge the minimum
fee listed in this Section and may charge up to the maximum fee if the
county board has by resolution increased the fee. In addition, the fees
provided in this Section shall apply to all units of local government
and school districts in counties with more than 3,000,000 inhabitants.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall be
a minimum of $150 and a maximum of $190.
(A) When the amount of money or damages or the value of
personal property claimed does not exceed $250, a minimum of
$10 and a maximum of $15.
(B) When that amount exceeds $250 but does not exceed
$1,000 $500, a minimum of $20 and a maximum of $40.
(C) When that amount exceeds $1,000 $500 but does not
exceed $2500, a minimum of $30 and a maximum of $50.
(D) When that amount exceeds $2500 but does not exceed
$5,000 $15,000, a minimum of $75 and a maximum of $100.
(D-5) When the amount exceeds $5,000 but does not exceed
$15,000, a minimum of $75 and a maximum of $150.
(E) For the exercise of eminent domain, $150. For each
additional lot or tract of land or right or interest therein
subject to be condemned, the damages in respect to which shall
require separate assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, a minimum of $40 and a maximum of
$75. When the plaintiff unites his or her claim for possession with
a claim for rent or damages or both exceeding $15,000, a minimum of
$150 and a maximum of $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or her
answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee he
or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
$1500, a minimum of $50 and a maximum of $60. When the amount
exceeds $1500, but does not exceed $5,000 $15,000, $75 $115. When
the amount exceeds $5,000, but does not exceed $15,000, $175. When
the amount exceeds $15,000, a minimum of $200 and a maximum of
$250.
(e) Appearance.
59 [May 17, 2001]
The fee for filing an appearance in each civil case shall be a
minimum of $50 and a maximum of $75, except as follows:
(A) When the plaintiff in a forcible entry and detainer
case seeks possession only,; a minimum of $20 and a maximum of
$40.
(B) When the amount in the case does not exceed $1500, a
minimum of $20 and a maximum of $40.
(C) When the that amount in the case exceeds $1500 but
does not exceed $15,000, a minimum of $40 and a maximum of
$60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, a minimum
of $10 and a maximum of $15; when the amount exceeds $1,000 but
does not exceed $5,000, a minimum of $20 and a maximum of $30; and
when the amount exceeds $5,000, a minimum of $30 and a maximum of
$50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or order
of court, except in forcible entry and detainer cases and small
claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, a minimum of $40 and a maximum of $50.
(2) Petition to vacate or modify any final judgment or order
of court, except a petition to modify, terminate, or enforce a
judgment or order for child or spousal support or to modify,
suspend, or terminate an order for withholding, if filed later than
30 days after the entry of the judgment or order, a minimum of $60
and a maximum of $75.
(3) Petition to vacate order of bond forfeiture, a minimum of
$20 and a maximum of $40.
(h) Mailing.
When the clerk is required to mail, the fee will be a minimum
of $6 and a maximum of $10, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, a minimum of
$10 and a maximum of $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a minimum
of $80 and a maximum of $125.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, a minimum of $4 and a maximum of $6.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, a minimum of $50 and a
maximum of $75.
(3) Court appeals when original documents are forwarded, over
100 pages, plus delivery and costs, a minimum of $120 and a maximum
of $150.
(4) Court appeals when original documents are forwarded, over
200 pages, an additional fee of a minimum of 20 and a maximum of 25
cents per page.
(5) For reproduction of any document contained in the clerk's
files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall file
the remanding order and reinstate the case with either its original
number or a new number. The Clerk shall not charge any new or
[May 17, 2001] 60
additional fee for the reinstatement. Upon reinstatement the Clerk
shall advise the parties of the reinstatement. A party shall have
the same right to a jury trial on remand and reinstatement as he or
she had before the appeal, and no additional or new fee or charge
shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of a minimum
of $4 and a maximum of $6 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case records are
maintained on an automated medium, the clerk shall be entitled to a
fee of a minimum of $4 and a maximum of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant index
inquiry or single case record inquiry when this request is made in
person and the records are maintained in a current automated
medium, and when no hard copy print output is requested. The fees
to be charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code, a minimum of $25 and a maximum of
$50.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, a
minimum of $4 and a maximum of $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of the
Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional services
for which there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested by the
public and agreed to by the clerk and approved by the chief judge
of the circuit court. Any charges for additional services shall be
as agreed to between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing in this
subsection shall be construed to require any clerk to provide any
service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of a minimum of $192.50 and a maximum
of $212.50, as a fee for the services of a jury in every civil
action not quasi-criminal in its nature and not a proceeding for
the exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury at
the time of filing the jury demand. If the fee is not paid by
either party, no jury shall be called in the action or proceeding,
and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a minimum of $10
and a maximum of $20; for recording the same, a minimum of 25¢ and
a maximum of $0.50 for each 100 words. Exceptions filed to claims
presented to an assignee of a debtor who has made a voluntary
assignment for the benefit of creditors shall be considered and
treated, for the purpose of taxing costs therein, as actions in
which the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the claimant or
claimants as party or parties defendant, and those parties
respectively shall pay to the clerk the same fees as provided by
this Section to be paid in other actions.
(u) Expungement Petition.
61 [May 17, 2001]
The clerk shall be entitled to receive a fee of a minimum of
$30 and a maximum of $60 for each expungement petition filed and an
additional fee of a minimum of $2 and a maximum of $4 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, a minimum of $100 and
a maximum of $150, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be a minimum of $25 and
a maximum of $40.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii) letters
of office are issued for a particular purpose without
administration of the estate, the fee shall be a minimum of
$25 and a maximum of $40.
(2) For administration of the estate of a ward, a minimum of
$50 and a maximum of $75, plus the fees specified in subsection
(v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be a minimum of $25 and
a maximum of $40.
(B) When (i) letters of office are issued to a guardian
of the person or persons, but not of the estate or (ii)
letters of office are issued in the estate of a ward without
administration of the estate, including filing or joining in
the filing of a tax return or releasing a mortgage or
consenting to the marriage of the ward, the fee shall be a
minimum of $10 and a maximum of $20.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, a minimum of $15
and a maximum of $25.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, a minimum of $10
and a maximum of $20; when the amount claimed is $500 or more
but less than $10,000, a minimum of $25 and a maximum of $40;
when the amount claimed is $10,000 or more, a minimum of $40
and a maximum of $60; provided that the court in allowing a
claim may add to the amount allowed the filing fee paid by the
claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the appointment
of testamentary trustees, a minimum of $40 and a maximum of
$60.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of an
executor, administrator, administrator to collect, guardian,
guardian ad litem, or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, a minimum of
$10 and a maximum of $30.
(F) For each jury demand, a minimum of $102.50 and a
maximum of $137.50.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
[May 17, 2001] 62
decedent or of any cause of action of a ward, when there is no
other administration of the estate, a minimum of $30 and a
maximum of $50, less any amount paid under subsection
(v)(1)(B) or (v)(2)(B) except that if the amount involved does
not exceed $5,000, the fee, including any amount paid under
subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10
and a maximum of $20.
(H) For each certified copy of letters of office, of
court order or other certification, a minimum of $1 and a
maximum of $2, plus a minimum of 50¢ and a maximum of $1 per
page in excess of 3 pages for the document certified.
(I) For each exemplification, a minimum of $1 and a
maximum of $2, plus the fee for certification.
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his attorney shall pay to the clerk all
postage charges incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of the
Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal and
quasi-criminal cases from each person convicted or sentenced to
supervision therein as follows:
(A) Felony complaints, a minimum of $80 and a maximum of
$125.
(B) Misdemeanor complaints, a minimum of $50 and a
maximum of $75.
(C) Business offense complaints, a minimum of $50 and a
maximum of $75.
(D) Petty offense complaints, a minimum of $50 and a
maximum of $75.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, a minimum
of $20 and a maximum of $40.
(H) Motions to vacate bond forfeiture orders, a minimum
of $20 and a maximum of $30.
(I) Motions to vacate ex parte judgments, whenever
filed, a minimum of $20 and a maximum of $30.
(J) Motions to vacate judgment on forfeitures, whenever
filed, a minimum of $20 and a maximum of $25.
(K) Motions to vacate "failure to appear" or "failure to
comply" notices sent to the Secretary of State, a minimum of
$20 and a maximum of $40.
(2) In counties having a population of more than 650,000 but
fewer than 3,000,000 inhabitants, when the violation complaint is
issued by a municipal police department, the clerk shall be
entitled to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine only, the
clerk of the circuit court shall be entitled to receive, unless the
fee is excused upon a finding by the court that the defendant is
indigent, in addition to other fees or costs allowed or imposed by
law, the sum of a minimum of $50 and a maximum of $112.50 as a fee
for the services of a jury. The jury fee shall be paid by the
defendant at the time of filing his or her jury demand. If the fee
is not so paid by the defendant, no jury shall be called, and the
case shall be tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall be
63 [May 17, 2001]
entitled to the same fee as if it were the commencement of new
suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of venue,
the clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(2) The fee for the preparation and certification of a record
on a change of venue to another jurisdiction, when original
documents are forwarded, a minimum of $25 and a maximum of $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved pertaining
to the same taxpayer or the number of taxpayers joining in the
complaint, a minimum of $25 and a maximum of $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved, a
minimum of $150 and a maximum of $250.
(2) For each additional parcel, add a fee of a minimum of $50
and a maximum of $100.
(bb) Collections.
(1) For all collections made of others, except the State and
county and except in maintenance or child support cases, a sum
equal to a minimum of 2.5% and a maximum of 3.0% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court. This fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child Support
Collection Fund, of which the clerk shall be the custodian,
ex-officio, to be used by the clerk to maintain child support
orders and record all payments issued by the State Disbursement
Unit for the official record of the Court. The clerk may recover
from the person making the maintenance or child support payment any
additional cost incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and these
fees shall also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against the
party that filed the document, a minimum of $15 and a maximum of
$25.
(dd) Exceptions.
The fee requirements of this Section shall not apply to police
departments or other law enforcement agencies. In this Section,
"law enforcement agency" means an agency of the State or a unit of
local government which is vested by law or ordinance with the duty
to maintain public order and to enforce criminal laws or
ordinances. "Law enforcement agency" also means the Attorney
General or any state's attorney. The fee requirements of this
Section shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by a private
owner or tenant of real property within 1200 feet of a dangerous or
[May 17, 2001] 64
unsafe building seeking an order compelling the owner or owners of
the building to take any of the actions authorized under that
subsection.
(ee) Adoptions.
(1) For an adoption.......................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff.
1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a. The fees of the clerks of the circuit court in all
counties having a population of 3,000,000 or more inhabitants in the
instances described in this Section shall be as provided in this
Section. In those instances where a minimum and maximum fee is stated,
the clerk of the circuit court must charge the minimum fee listed and
may charge up to the maximum fee if the county board has by resolution
increased the fee. The fees shall be paid in advance and shall be as
follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall be
a minimum of $190 and a maximum of $240.
(A) When the amount of money or damages or the value of
personal property claimed does not exceed $250, a minimum of
$15 and a maximum of $22.
(B) When that amount exceeds $250 but does not exceed
$1000, a minimum of $40 and a maximum of $75.
(C) When that amount exceeds $1000 but does not exceed
$2500, a minimum of $50 and a maximum of $80.
(D) When that amount exceeds $2500 but does not exceed
$5000, a minimum of $100 and a maximum of $130.
(E) When that amount exceeds $5000 but does not exceed
$15,000, $150.
(F) For the exercise of eminent domain, $150. For each
additional lot or tract of land or right or interest therein
subject to be condemned, the damages in respect to which shall
require separate assessment by a jury, $150.
(G) For the final determination of parking, standing,
and compliance violations and final administrative decisions
issued after hearings regarding vehicle immobilization and
impoundment made pursuant to Sections 3-704.1, 6-306.5, and
11-208.3 of the Illinois Vehicle Code, $25.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, a minimum of $75 and a maximum of
$140. When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding $15,000, a
minimum of $225 and a maximum of $335.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or her
answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee he
or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
65 [May 17, 2001]
$1500, a minimum of $60 and a maximum of $70. When the amount
exceeds $1500, but does not exceed $5000, a minimum of $75 and a
maximum of $150. When the amount exceeds $5000, but does not exceed
$15,000, a minimum of $175 and a maximum of $260. When the amount
exceeds $15,000, a minimum of $250 and a maximum of $310.
(e) Appearance.
The fee for filing an appearance in each civil case shall be a
minimum of $75 and a maximum of $110, except as follows:
(A) When the plaintiff in a forcible entry and detainer
case seeks possession only, a minimum of $40 and a maximum of
$80.
(B) When the amount in the case does not exceed $1500, a
minimum of $40 and a maximum of $80.
(C) When that amount exceeds $1500 but does not exceed
$15,000, a minimum of $60 and a maximum of $90.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, a minimum
of $15 and a maximum of $25; when the amount exceeds $1,000 but
does not exceed $5,000, a minimum of $30 and a maximum of $45; and
when the amount exceeds $5,000, a minimum of $50 and a maximum of
$80.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or order
of court, except in forcible entry and detainer cases and small
claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, a minimum of $50 and a maximum of $60.
(2) Petition to vacate or modify any final judgment or order
of court, except a petition to modify, terminate, or enforce a
judgment or order for child or spousal support or to modify,
suspend, or terminate an order for withholding, if filed later than
30 days after the entry of the judgment or order, a minimum of $75
and a maximum of $90.
(3) Petition to vacate order of bond forfeiture, a minimum of
$40 and a maximum of $80.
(h) Mailing.
When the clerk is required to mail, the fee will be a minimum
of $10 and a maximum of $15, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, a minimum of
$15 and a maximum of $20.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a minimum
of $125 and a maximum of $190.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, a minimum of $6 and a maximum of $9.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, a minimum of $75 and a
maximum of $110.
(3) Court appeals when original documents are forwarded, over
100 pages, plus delivery and costs, a minimum of $150 and a maximum
of $185.
(4) Court appeals when original documents are forwarded, over
200 pages, an additional fee of a minimum of 25 and a maximum of 30
cents per page.
(5) For reproduction of any document contained in the clerk's
files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
[May 17, 2001] 66
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall file
the remanding order and reinstate the case with either its original
number or a new number. The Clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement the Clerk
shall advise the parties of the reinstatement. A party shall have
the same right to a jury trial on remand and reinstatement as he or
she had before the appeal, and no additional or new fee or charge
shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of a minimum
of $6 and a maximum of $9 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case records are
maintained on an automated medium, the clerk shall be entitled to a
fee of a minimum of $6 and a maximum of $9.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant index
inquiry or single case record inquiry when this request is made in
person and the records are maintained in a current automated
medium, and when no hard copy print output is requested. The fees
to be charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code, a minimum of $50 and a maximum of
$100.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, a
minimum of $5 and a maximum of $6.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of the
Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional services
for which there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested by the
public and agreed to by the clerk and approved by the chief judge
of the circuit court. Any charges for additional services shall be
as agreed to between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing in this
subsection shall be construed to require any clerk to provide any
service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of a minimum of $212.50 and maximum of
$230, as a fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the exercise
of the right of eminent domain and in every other action wherein
the right of trial by jury is or may be given by law. The jury fee
shall be paid by the party demanding a jury at the time of filing
the jury demand. If the fee is not paid by either party, no jury
shall be called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a minimum of $20
and a maximum of $40; for recording the same, a minimum of 50¢ and
a maximum of $0.80 for each 100 words. Exceptions filed to claims
presented to an assignee of a debtor who has made a voluntary
assignment for the benefit of creditors shall be considered and
treated, for the purpose of taxing costs therein, as actions in
which the party or parties filing the exceptions shall be
67 [May 17, 2001]
considered as party or parties plaintiff, and the claimant or
claimants as party or parties defendant, and those parties
respectively shall pay to the clerk the same fees as provided by
this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a minimum of
$60 and a maximum of $120 for each expungement petition filed and
an additional fee of a minimum of $4 and a maximum of $8 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, a minimum of $150 and
a maximum of $225, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be a minimum of $40 and
a maximum of $65.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii) letters
of office are issued for a particular purpose without
administration of the estate, the fee shall be a minimum of
$40 and a maximum of $65.
(2) For administration of the estate of a ward, a minimum of
$75 and a maximum of $110, plus the fees specified in subsection
(v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be a minimum of $40 and
a maximum of $65.
(B) When (i) letters of office are issued to a guardian
of the person or persons, but not of the estate or (ii)
letters of office are issued in the estate of a ward without
administration of the estate, including filing or joining in
the filing of a tax return or releasing a mortgage or
consenting to the marriage of the ward, the fee shall be a
minimum of $20 and a maximum of $40.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, a minimum of $25
and a maximum of $40.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, a minimum of $20
and a maximum of $40; when the amount claimed is $500 or more
but less than $10,000, a minimum of $40 and a maximum of $65;
when the amount claimed is $10,000 or more, a minimum of $60
and a maximum of $90; provided that the court in allowing a
claim may add to the amount allowed the filing fee paid by the
claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking equitable
relief including the construction or contest of a will,
enforcement of a contract to make a will, and proceedings
involving testamentary trusts or the appointment of
testamentary trustees, a minimum of $60 and a maximum of $90.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of an
executor, administrator, administrator to collect, guardian,
guardian ad litem, or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, a minimum of
$30 and a maximum of $90.
[May 17, 2001] 68
(F) For each jury demand, a minimum of $137.50 and a
maximum of $180.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
decedent or of any cause of action of a ward, when there is no
other administration of the estate, a minimum of $50 and a
maximum of $80, less any amount paid under subsection
(v)(1)(B) or (v)(2)(B) except that if the amount involved does
not exceed $5,000, the fee, including any amount paid under
subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $20
and a maximum of $40.
(H) For each certified copy of letters of office, of
court order or other certification, a minimum of $2 and a
maximum of $4, plus $1 per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $2, plus the fee for
certification.
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay to the
clerk all postage charges incurred by the clerk in mailing
petitions, orders, notices, or other documents pursuant to the
provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal and
quasi-criminal cases from each person convicted or sentenced to
supervision therein as follows:
(A) Felony complaints, a minimum of $125 and a maximum
of $190.
(B) Misdemeanor complaints, a minimum of $75 and a
maximum of $110.
(C) Business offense complaints, a minimum of $75 and a
maximum of $110.
(D) Petty offense complaints, a minimum of $75 and a
maximum of $110.
(E) Minor traffic or ordinance violations, $30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders, a minimum
of $40 and a maximum of $80.
(H) Motions to vacate bond forfeiture orders, a minimum
of $30 and a maximum of $45.
(I) Motions to vacate ex parte judgments, whenever
filed, a minimum of $30 and a maximum of $45.
(J) Motions to vacate judgment on forfeitures, whenever
filed, a minimum of $25 and a maximum of $30.
(K) Motions to vacate "failure to appear" or "failure to
comply" notices sent to the Secretary of State, a minimum of
$40 and a maximum of $50.
(2) In counties having a population of 3,000,000 or more,
when the violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from each person
convicted therein as follows:
(A) Minor traffic or ordinance violations, a minimum of
$30 and a maximum of $90.
(B) When court appearance required, a minimum of $50 and
a maximum of $150.
(3) In ordinance violation cases punishable by fine only, the
clerk of the circuit court shall be entitled to receive, unless the
fee is excused upon a finding by the court that the defendant is
indigent, in addition to other fees or costs allowed or imposed by
law, the sum of a minimum of $112.50 and a maximum of $250 as a fee
69 [May 17, 2001]
for the services of a jury. The jury fee shall be paid by the
defendant at the time of filing his or her jury demand. If the fee
is not so paid by the defendant, no jury shall be called, and the
case shall be tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall be
entitled to the same fee as if it were the commencement of a new
suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of venue,
the clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(2) The fee for the preparation and certification of a record
on a change of venue to another jurisdiction, when original
documents are forwarded, a minimum of $40 and a maximum of $65.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved or the
number of taxpayers joining in the complaint, a minimum of $50 and
a maximum of $100.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved, a
minimum of $250 and a maximum of $400.
(2) For each additional parcel, add a fee of a minimum of
$100 and a maximum of $200.
(bb) Collections.
(1) For all collections made of others, except the State and
county and except in maintenance or child support cases, a sum
equal to 3.0% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court. This fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child Support
Collection Fund, of which the clerk shall be the custodian,
ex-officio, to be used by the clerk to maintain child support
orders and record all payments issued by the State Disbursement
Unit for the official record of the Court. The
clerk may recover from the person making the maintenance or child
support payment any additional cost incurred in the collection of
this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and these
fees shall also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against the
party that filed the document, a minimum of $25 and a maximum of
$40.
(dd) Exceptions.
(1) The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In this
Section, "law enforcement agency" means an agency of the State or a
unit of local government which is vested by law or ordinance with
[May 17, 2001] 70
the duty to maintain public order and to enforce criminal laws or
ordinances. "Law enforcement agency" also means the Attorney
General or any state's attorney.
(2) No fee provided herein shall be charged to any unit of
local government or school district. The fee requirements of this
Section shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by a private
owner or tenant of real property within 1200 feet of a dangerous or
unsafe building seeking an order compelling the owner or owners of
the building to take any of the actions authorized under that
subsection.
(ee) Adoption.
(1) For an adoption.......................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff.
1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 6-13-00.)
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. All fees, fines, costs, additional penalties, bail
balances assessed or forfeited, and any other amount paid by a person
to the circuit clerk that equals an amount less than $55, except
restitution under Section 5-5-6 of the Unified Code of Corrections,
reimbursement for the costs of an emergency response as provided under
Section 5-5-3 of the Unified Code of Corrections, any fees collected
for attending a traffic safety program under paragraph (c) of Supreme
Court Rule 529, any fee collected on behalf of a State's Attorney under
Section 4-2002 of the Counties Code or a sheriff under Section 4-5001
of the Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of Chapters 3, 4,
6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a
local ordinance, and any violation of the Child Passenger Protection
Act, or a similar provision of a local ordinance, fees collected for
electronic monitoring, drug or alcohol testing and screening, probation
fees authorized under Section 5-6-3 of the Unified Code of Corrections,
and supervision fees authorized under Section 5-6-3.1 of the Unified
Code of Corrections, shall be disbursed within 60 days after receipt by
the circuit clerk as follows: 47% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case; 12% shall be
disbursed to the State Treasurer; and 41% shall be disbursed to the
county's general corporate fund. Of the 12% disbursed to the State
Treasurer, 1/6 shall be deposited by the State Treasurer into the
Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be
deposited into the Drivers Education Fund. For fiscal years 1992 and
1993, amounts deposited into the Violent Crime Victims Assistance Fund,
the Traffic and Criminal Conviction Surcharge Fund, or the Drivers
Education Fund shall not exceed 110% of the amounts deposited into
those funds in fiscal year 1991. Any amount that exceeds the 110%
limit shall be distributed as follows: 50% shall be disbursed to the
county's general corporate fund and 50% shall be disbursed to the
entity authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit a report
of the amount of funds remitted to the State Treasurer under this
Section during the preceding year based upon independent verification
of fines and fees. All counties shall be subject to this Section,
except that counties with a population under 2,000,000 may, by
ordinance, elect not to be subject to this Section. For offenses
subject to this Section, judges shall impose one total sum of money
payable for violations. The circuit clerk may add on no additional
amounts except for amounts that are required by Sections 27.3a and
71 [May 17, 2001]
27.3c of this Act, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as a
result of forfeiture of bail, ex parte judgment or guilty plea pursuant
to Supreme Court Rule 529, the circuit clerk shall first deduct and pay
amounts required by Sections 27.3a and 27.3c of this Act. This Section
is a denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 89-234, eff. 1-1-96.)
(705 ILCS 105/27.6)
Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail
balances assessed or forfeited, and any other amount paid by a person
to the circuit clerk equalling an amount of $55 or more, except the
additional fee required by subsections (b) and (c), restitution under
Section 5-5-6 of the Unified Code of Corrections, reimbursement for the
costs of an emergency response as provided under Section 5-5-3 of the
Unified Code of Corrections, any fees collected for attending a traffic
safety program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002 of the
Counties Code or a sheriff under Section 4-5001 of the Counties Code,
or any cost imposed under Section 124A-5 of the Code of Criminal
Procedure of 1963, for convictions, orders of supervision, or any other
disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, fees collected for electronic
monitoring, drug or alcohol testing and screening, probation fees
authorized under Section 5-6-3 of the Unified Code of Corrections, and
supervision fees authorized under Section 5-6-3.1 of the Unified Code
of Corrections, shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case; 16.825%
shall be disbursed to the State Treasurer; and 38.675% shall be
disbursed to the county's general corporate fund. Of the 16.825%
disbursed to the State Treasurer, 2/17 shall be deposited by the State
Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17
shall be deposited into the Traffic and Criminal Conviction Surcharge
Fund, 3/17 shall be deposited into the Drivers Education Fund, and
6.948/17 shall be deposited into the Trauma Center Fund. Of the
6.948/17 deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Public Aid. For fiscal year 1993, amounts deposited into
the Violent Crime Victims Assistance Fund, the Traffic and Criminal
Conviction Surcharge Fund, or the Drivers Education Fund shall not
exceed 110% of the amounts deposited into those funds in fiscal year
1991. Any amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general corporate fund
and 50% shall be disbursed to the entity authorized by law to receive
the fine imposed in the case. Not later than March 1 of each year the
circuit clerk shall submit a report of the amount of funds remitted to
the State Treasurer under this Section during the preceding year based
upon independent verification of fines and fees. All counties shall be
subject to this Section, except that counties with a population under
2,000,000 may, by ordinance, elect not to be subject to this Section.
For offenses subject to this Section, judges shall impose one total sum
of money payable for violations. The circuit clerk may add on no
additional amounts except for amounts that are required by Sections
27.3a and 27.3c of this Act, unless those amounts are specifically
waived by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk shall first
deduct and pay amounts required by Sections 27.3a and 27.3c of this
Act. This Section is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
[May 17, 2001] 72
(b) In addition to any other fines and court costs assessed by the
courts, any person convicted or receiving an order of supervision for
driving under the influence of alcohol or drugs shall pay an additional
fee of $25 to the clerk of the circuit court. This amount, less 2 1/2%
that shall be used to defray administrative costs incurred by the
clerk, shall be remitted by the clerk to the Treasurer within 60 days
after receipt for deposit into the Trauma Center Fund. This additional
fee of $25 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or after
sentencing. Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the
courts, any person convicted for a violation of Sections 24-1.1,
24-1.2, or 24-1.5 of the Criminal Code of 1961 or a person sentenced
for a violation of the Cannabis Control Act or the Controlled Substance
Act shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted by the
clerk to the Treasurer within 60 days after receipt for deposit into
the Trauma Center Fund. This additional fee of $100 shall not be
considered a part of the fine for purposes of any reduction in the fine
for time served either before or after sentencing. Not later than
March 1 of each year the Circuit Clerk shall submit a report of the
amount of funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 89-516, eff.
7-18-96; 89-626, eff. 8-9-96.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text that is
not yet or no longer in effect, the use of that text does not
accelerate or delay the taking effect of (i) the changes made by this
Act or (ii) provisions derived from any other Public Act.
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 held on the order of Second
Reading.
At the hour of 1:42 o'clock p.m., Representative Currie moved that
the House do now adjourn.
The motion prevailed.
And in accordance therewith and pursuant to HOUSE JOINT RESOLUTION
43, the House stood adjourned until Monday, May 21, 2001, at 4:00
o'clock p.m.
73 [May 17, 2001]
NO. 1
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAY 17, 2001
0 YEAS 0 NAYS 115 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 E 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
[May 17, 2001] 74
NO. 2
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1032
CD CORR-ZERO TOLERANCE-DRUGS
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
75 [May 17, 2001]
NO. 3
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 42
GENETIC INFORMATION-TECHNICAL
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
[May 17, 2001] 76
NO. 4
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 101
ANNUAL REPORTS-CATEGORIZE EMPL
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
77 [May 17, 2001]
NO. 5
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 371
MEDICAID-EMPLOYED BUY IN-DELAY
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
[May 17, 2001] 78
NO. 6
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 627
VEH CD-NOTICE TO OWNER-PARENT
THIRD READING
PASSED
MAY 17, 2001
87 YEAS 27 NAYS 1 PRESENT
Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO
Y BASSI Y FLOWERS Y LINDNER N POE
Y BEAUBIEN N FORBY Y LYONS,EILEEN Y REITZ
Y BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER
N BERNS Y FRANKS Y MATHIAS Y RUTHERFORD
Y BIGGINS Y FRITCHEY N MAUTINO Y RYAN
N BLACK N GARRETT N MAY Y RYDER
N BOLAND Y GILES Y McAULIFFE Y SAVIANO
N BOST Y GRANBERG Y McCARTHY Y SCHMITZ
Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG
Y BRADY N HANNIG Y McKEON Y SCULLY
Y BROSNAHAN N HARTKE Y MENDOZA Y SLONE
Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH
Y BUGIELSKI N HOEFT Y MILLER E SOMMER
Y BURKE N HOFFMAN N MITCHELL,BILL Y SOTO
Y CAPPARELLI N HOLBROOK N MITCHELL,JERRY E STEPHENS
N COLLINS Y 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 N TURNER,JOHN
Y CROTTY N JONES,JOHN N MURPHY Y WAIT
Y CURRIE Y JONES,LOU Y MYERS N WINKEL
Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART N KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
N DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN N LANG Y PARKE Y MR. SPEAKER
Y ERWIN N LAWFER
E - Denotes Excused Absence
79 [May 17, 2001]
NO. 7
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 837
SICK LEAVE BANK-DONOR RULES
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
[May 17, 2001] 80
NO. 8
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1305
MINORS-TECH
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
81 [May 17, 2001]
NO. 9
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 835
STATE FINANCE-TRAVEL REIMBURSE
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
[May 17, 2001] 82
NO. 10
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 836
ST FIN-COMMUNICATION FUND
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
83 [May 17, 2001]
NO. 11
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 326
SCH CD-TAX EQ GRANT-U.S. BASE
THIRD READING
PASSED
MAY 17, 2001
62 YEAS 51 NAYS 2 PRESENT
P ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO
Y BASSI Y FLOWERS N LINDNER N POE
Y BEAUBIEN N FORBY N LYONS,EILEEN N REITZ
Y BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER
N BERNS N FRANKS Y MATHIAS N RUTHERFORD
N BIGGINS Y FRITCHEY N MAUTINO Y RYAN
N BLACK Y GARRETT Y MAY N RYDER
Y BOLAND Y GILES N McAULIFFE N SAVIANO
N BOST Y GRANBERG Y McCARTHY N SCHMITZ
Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG
N BRADY Y HANNIG Y McKEON N SCULLY
N BROSNAHAN N HARTKE P MENDOZA N SLONE
Y BRUNSVOLD Y HASSERT N MEYER N SMITH
Y BUGIELSKI N HOEFT Y MILLER E SOMMER
Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO
Y CAPPARELLI Y HOLBROOK N MITCHELL,JERRY E STEPHENS
Y COLLINS Y HOWARD N MOFFITT Y STROGER
Y COULSON N HULTGREN Y MOORE N TENHOUSE
N COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART
N CROSS Y JOHNSON Y MULLIGAN N TURNER,JOHN
Y CROTTY N JONES,JOHN Y MURPHY N WAIT
Y CURRIE Y JONES,LOU N MYERS N WINKEL
N CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS
N DANIELS Y KENNER N O'BRIEN N WIRSING
Y DART N KLINGLER Y O'CONNOR N WOJCIK
Y DAVIS,MONIQUE N KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO N KURTZ Y PANKAU N ZICKUS
N DURKIN Y LANG N PARKE Y MR. SPEAKER
Y ERWIN N LAWFER
E - Denotes Excused Absence
[May 17, 2001] 84
NO. 12
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 873
MEDICAID-MANAGED HEALTH CARE
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
85 [May 17, 2001]
NO. 13
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1109
ELEC CD-CIRCULATE PETITIONS
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
[May 17, 2001] 86
NO. 14
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1329
EMS SYSTEMS-NO SMOKING
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
87 [May 17, 2001]
NO. 15
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 868
WORKERS COMP-CIVIL PENALTY
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
[May 17, 2001] 88
NO. 16
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 629
HUMANE ANIMAL CARE-JUVENILES
THIRD READING
PASSED
MAY 17, 2001
108 YEAS 6 NAYS 1 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 N RIGHTER
Y BERNS Y FRANKS Y MATHIAS N RUTHERFORD
Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN
Y BLACK Y GARRETT Y MAY Y RYDER
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
P 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 N TURNER,JOHN
Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT
Y CURRIE Y JONES,LOU Y MYERS Y WINKEL
Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN N WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN N LAWFER
E - Denotes Excused Absence
89 [May 17, 2001]
NO. 17
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 859
HEALTH-TECH
THIRD READING
PASSED
MAY 17, 2001
84 YEAS 29 NAYS 2 PRESENT
Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO
Y BASSI N FLOWERS N LINDNER Y POE
Y BEAUBIEN N FORBY Y LYONS,EILEEN N REITZ
Y BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER
Y BERNS N FRANKS Y MATHIAS N RUTHERFORD
Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN
N BLACK N GARRETT N MAY Y RYDER
Y BOLAND Y 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
N BROSNAHAN Y HARTKE Y MENDOZA Y SLONE
Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH
Y BUGIELSKI N 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 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 N TURNER,JOHN
N CROTTY N JONES,JOHN Y MURPHY Y WAIT
Y CURRIE Y JONES,LOU N MYERS Y WINKEL
Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER N O'BRIEN N WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y 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 N PARKE Y MR. SPEAKER
Y ERWIN N LAWFER
E - Denotes Excused Absence
[May 17, 2001] 90
NO. 18
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1815
PETROLEUM EQPMT CONTRACTOR
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
91 [May 17, 2001]
NO. 19
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 859
HEALTH-TECH
THIRD READING
PASSED
MAY 17, 2001
64 YEAS 50 NAYS 1 PRESENT
Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO
Y BASSI N FLOWERS Y LINDNER N POE
Y BEAUBIEN N FORBY N LYONS,EILEEN N REITZ
N BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER
N BERNS N FRANKS Y MATHIAS N RUTHERFORD
Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN
N BLACK N GARRETT N MAY Y RYDER
Y BOLAND P GILES Y McAULIFFE Y SAVIANO
N BOST Y GRANBERG N McCARTHY Y SCHMITZ
Y BRADLEY Y HAMOS Y McGUIRE N 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
Y BUGIELSKI N HOEFT N MILLER E SOMMER
Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO
Y CAPPARELLI N HOLBROOK N MITCHELL,JERRY E STEPHENS
N COLLINS N HOWARD N MOFFITT Y STROGER
Y COULSON N HULTGREN Y MOORE N TENHOUSE
Y COWLISHAW N JEFFERSON N MORROW Y TURNER,ART
Y CROSS Y JOHNSON Y MULLIGAN N TURNER,JOHN
N CROTTY N JONES,JOHN Y MURPHY Y WAIT
Y CURRIE Y JONES,LOU N MYERS Y WINKEL
N CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER N O'BRIEN Y WIRSING
Y DART Y KLINGLER N O'CONNOR N WOJCIK
N DAVIS,MONIQUE N KOSEL N OSMOND N YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO N KURTZ Y PANKAU N ZICKUS
Y DURKIN Y LANG N PARKE Y MR. SPEAKER
Y ERWIN N LAWFER
E - Denotes Excused Absence
[May 17, 2001] 92
NO. 20
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 838
CHILD CARE ACT-ADOPT ONLY HOME
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
93 [May 17, 2001]
NO. 21
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 840
MINORS-PERMANENCY-ADOPTION CON
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
[May 17, 2001] 94
NO. 22
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 842
DCFS-FOSTER PARENT TRAINING
THIRD READING
PASSED
MAY 17, 2001
115 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 E JONES,SHIRLEY Y NOVAK Y WINTERS
Y DANIELS Y KENNER Y O'BRIEN Y WIRSING
Y DART Y KLINGLER Y O'CONNOR Y WOJCIK
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE
Y DELGADO Y KURTZ Y PANKAU Y ZICKUS
Y DURKIN Y LANG Y PARKE Y MR. SPEAKER
Y ERWIN Y LAWFER
E - Denotes Excused Absence
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