STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
130TH LEGISLATIVE DAY
THURSDAY, MAY 9, 2002
11:00 O'CLOCK A.M.
NO. 130
[May 9, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 130th Legislative Day Action Page(s) Adjournment........................................ 158 Change of Sponsorship.............................. 151 Committee on Rules Referrals....................... 8 Home Rule Notes Supplied........................... 9 Judicial Note Supplied............................. 9 Quorum Roll Call................................... 4 Reports............................................ 4 State Mandate Note Requested....................... 9 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0136 Motion Submitted................................... 8 HB 0207 Senate Message - Passage w/ SA..................... 15 HB 0909 Senate Message - Passage w/ SA..................... 17 HB 1033 Senate Message - Passage w/ SA..................... 17 HB 1081 Senate Message - Passage w/ SA..................... 18 HB 1436 Senate Message - Passage w/ SA..................... 51 HB 1889 Senate Message - Passage w/ SA..................... 55 HB 1961 Motion Submitted................................... 8 HB 1975 Senate Message - Passage w/ SA..................... 59 HB 2271 Motion Submitted................................... 8 HB 3212 Motion Submitted................................... 9 HB 3212 Senate Message - Passage w/ SA..................... 62 HB 3336 Motion Submitted................................... 9 HB 3673 Senate Message - Passage w/ SA..................... 65 HB 3713 Senate Message - Passage w/ SA..................... 70 HB 3812 Senate Message - Passage w/ SA..................... 149 HB 3938 Senate Message - Passage w/ SA..................... 71 HB 3999 Senate Message - Passage w/ SA..................... 72 HB 4081 Senate Message - Passage w/ SA..................... 78 HB 4117 Motion Submitted................................... 9 HB 4117 Senate Message - Passage w/ SA..................... 79 HB 4157 Motion Submitted................................... 8 HB 4179 Senate Message - Passage w/ SA..................... 84 HB 4220 Senate Message - Passage w/ SA..................... 84 HB 4228 Senate Message - Passage w/ SA..................... 86 HB 4230 Senate Message - Passage w/ SA..................... 87 HB 4344 Senate Message - Passage w/ SA..................... 88 HB 4357 Motion Submitted................................... 8 HB 4409 Motion Submitted................................... 9 HB 4667 Senate Message - Passage w/ SA..................... 89 HB 4725 Senate Message - Passage w/ SA..................... 89 HB 4879 Senate Message - Passage w/ SA..................... 101 HB 4912 Senate Message - Passage w/ SA..................... 101 HB 4926 Senate Message - Passage w/ SA..................... 103 HB 4933 Senate Message - Passage w/ SA..................... 103 HB 4948 Senate Message - Passage w/ SA..................... 104 HB 4953 Motion Submitted................................... 8 HB 4975 Senate Message - Passage w/ SA..................... 111 HB 5000 Senate Message - Passage w/ SA..................... 116 HB 5002 Senate Message - Passage w/ SA..................... 127 HB 5076 Senate Message - Passage w/ SA..................... 118 HB 5255 Senate Message - Passage w/ SA..................... 128 HB 5343 Senate Message - Passage w/ SA..................... 128 HB 5368 Senate Message - Passage w/ SA..................... 130 HB 5530 Motion Submitted................................... 9
3 [May 9, 2002] Bill Number Legislative Action Page(s) HB 5596 Senate Message - Passage w/ SA..................... 131 HB 5608 Senate Message - Passage w/ SA..................... 149 HB 5610 Senate Message - Passage w/ SA..................... 132 HB 5625 Senate Message - Passage w/ SA..................... 133 HB 5631 Senate Message - Passage w/ SA..................... 133 HB 5652 Senate Message - Passage w/ SA..................... 134 HB 5823 Senate Message - Passage w/ SA..................... 135 HB 5906 Senate Message - Passage w/ SA..................... 136 HB 5941 Senate Message - Passage w/ SA..................... 141 HB 5961 Senate Message - Passage w/ SA..................... 142 HB 5965 Senate Message - Passage w/ SA..................... 143 HB 5996 Senate Message - Passage w/ SA..................... 145 HB 6041 Motion Submitted................................... 9 HB 6041 Senate Message - Passage w/ SA..................... 148 HJR 0076 Committee Report................................... 9 HR 0527 Adoption........................................... 153 HR 0527 Committee Report................................... 10 HR 0659 Adoption........................................... 157 HR 0659 Motion............................................. 156 HR 0659 Motion Submitted................................... 8 HR 0776 Adoption........................................... 156 HR 0776 Committee Report................................... 8 HR 0880 Adoption........................................... 157 HR 0880 Agreed Resolution.................................. 10 HR 0881 Adoption........................................... 157 HR 0881 Agreed Resolution.................................. 11 HR 0882 Adoption........................................... 157 HR 0882 Agreed Resolution.................................. 12 HR 0883 Adoption........................................... 157 HR 0883 Agreed Resolution.................................. 12 HR 0884 Resolution......................................... 151 HR 0885 Agreed Resolution.................................. 13 HR 0886 Adoption........................................... 157 HR 0886 Agreed Resolution.................................. 13 HR 0887 Adoption........................................... 157 HR 0887 Agreed Resolution.................................. 14 HR 0888 Adoption........................................... 157 HR 0888 Agreed Resolution.................................. 14 SB 1622 Second Reading - Amendment/s....................... 154 SB 1690 Second Reading - Amendment/s....................... 154 SB 2068 Third Reading...................................... 152 SB 2117 Third Reading...................................... 152 SB 2198 Third Reading...................................... 152 SB 2204 Third Reading...................................... 152 SB 2209 Third Reading...................................... 153 SB 2211 Third Reading...................................... 153 SB 2223 Third Reading...................................... 153 SB 2224 Third Reading...................................... 153 SJR 0058 Adoption........................................... 153 SJR 0078 Senate Message..................................... 151 SJR 0079 Senate Message..................................... 157
[May 9, 2002] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Steven Theiss of the St. Paul Lutheran Church in Colombia, Illinois. Representative Reitz 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: 113 present. (ROLL CALL 1) By unanimous consent, Representatives Boland, Durkin, Murphy and O'Brien were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Lang replaced Representative Hannig in the Committee on Rules on May 7, 2002. Representative Lindner replaced Representative Bellock in the Committee on Human Services on May 7, 2002. REPORTS The Clerk of the House acknowledges receipt of the following correspondence: Annual Report 2000, IL Child Death Review Teams, submitted by Illinois Department of Children and Family Services. Report on Illinois Enterprise Zone Act, submitted by Illinois Department of Commerce and Community Affairs. Compliance Audit report, submitted by Northeastern Illinois University Foundation. Financial and Compliance Audit report, submitted by the State of Illinois Governors State University Foundation. Compliance Audit report, submitted by the Northeastern Illinois University. Financial Audit report, submitted by the Northeastern Illinois University. Compliance Audit report, submitted by the state of Illinois Governors State University. Financial Audit report, submitted by the State of Illinois Governors State University. Financial and Compliance Audit report, submitted by the State of Illinois Governors State University Alumni Association. Compliance Audit report, submitted by the Illinois Housing Development Authority. Financial Audit report, submitted by the Illinois Housing Development Authority. Compliance Audit report, submitted by Illinois Development Finance Authority. Financial Audit report, submitted by the Illinois Development Finance Authority.
5 [May 9, 2002] Open Space Lands Acquisition and Development Grant Program Annual report, submitted by the Illinois Department of Natural Resources. Illinois Documents List #2, submitted by the Illinois State Library. Construction Progress and Quality Control report, submitted by the Metropolitan Pier and Exposition Authority Act. State and Federal Compliance Audits report, submitted by the University of Illinois. Supplementary Financial Information and Special Data Requirements, submitted by the University of Illinois. Annual Financial Audit, submitted by the State of Illinois. Financial and Compliance Audit, submitted by Western Illinois University. Compliance Audit, submitted by the Eastern Illinois University. Financial Audit, submitted by Eastern Illinois University. Financial and Compliance Audit, submitted by Northern Illinois University. Financial Audit, submitted by Eastern Illinois University Alumni Association, Inc. Financial Audit, submitted by Eastern Illinois University Foundation. Compliance Audit, submitted by Western Illinois University Foundation. Financial Audit, submitted by Western Illinois University Foundation. Compliance Audit, submitted by Southern Illinois University at Edwardsville Foundation. Financial Audit, submitted by Southern Illinois University at Edwardsville Foundation. Compliance Audit, submitted by Illinois State University. Financial Audit, submitted by Illinois State University. Financial Audit, submitted by Illinois State University Foundation. Compliance Audit, submitted by the Association of Alumni, Former Students and Friends of Southern Illinois University, Inc. Financial Statements and Independent Auditors' report, submitted by the Association of Alumni, Former Students and Friends of Southern Illinois University, Inc. Compliance Audit, submitted by the Alumni Association of Southern Illinois University at Edwardsville. Financial Audit, submitted by the Alumni Association of Southern Illinois University at Edwardsville. Financial and Compliance Audit, submitted by University Park Southern Illinois University at Edwardsville, Inc.
[May 9, 2002] 6 Compliance Audit, submitted by Southern Illinois University Foundation at Carbondale. Financial Statements and Independent Auditors' Report, submitted by Southern Illinois University Foundation at Carbondale. Financial Statements and Supplementary Information, submitted by Southern Illinois University Foundation, Carbondale. Annual report, submitted by Illinois Sports Facilities Authority. Report on Child Abuse Prevention, submitted by Illinois Department of Children and Family Services. Quarterly Procurement Activity Report, submitted by Metropolitan Pier and Exposition Authority. 2001 Annual Report, submitted by Illinois Department of Public Aid. Flex-Time Annual Report 2001, submitted by Illinois Department of Central Management Services. 2002 Annual Element, 2003-2006 Multi-Year Program report, submitted by Illinois Tollway. Illinois Emergency Food & Shelter Program FY 2001, submitted by Illinois Department of Human Services. Social Services Block Grant FY 2001 report, submitted by Illinois Department of Human Services. Parcel Appraisals for SB 2214 report, submitted by Illinois Department of Transportation. Bonded Indebtedness and Long Term Obligations FY 2001, submitted by Illinois Comptroller. Financial Audit, submitted by Illinois State Board of Education. Financial Audit, submitted by Illinois Department of Transportation. Financial and Compliance Audit, submitted by Illinois Department of Professional Regulation. Financial and Compliance Audit, submitted by Illinois Council on Developmental Disabilities. Financial and Compliance Audit, submitted by Illinois Department of Public Health. Financial Audit, submitted by Illinois Department of Employment Security. Biennial Comprehensive Status and Self-Assessment Report, submitted by Illinois Environmental Protection Agency. 2000 Annual Report on Nonhazardous Solid Waste Management and Landfill Capacity in Illinois, submitted by Illinois Environmental Protection Agency. 2001 Annual Report, submitted by Illinois Department of Veteran's Affairs. Report for FY 2003 and revised estimate for FY 2002, submitted by Economic and Fiscal Commission.
7 [May 9, 2002] Executive Summary FY 2001, submitted by the Illinois Comptroller. Preliminary FY 2003 Revenue Estimate and Updated FY 2002 Revenue Outlook, submitted by Illinois Economic and Fiscal Commission. State Assistance to Local Governments 2001, submitted by Illinois Commission on Intergovernmental Cooperation. Audit report, submitted by Civil Service Commission. Audit report, submitted by Illinois Labor Relations Board. Audit report, submitted by Illinois Supreme Court. Audit report, submitted by Marriage Divisions of the Illinois Courts. Audit report, submitted by Board of Higher Education. Audit report, submitted by Department of Nuclear Safety. Annual report, submitted by Illinois Farm Development Authority. 2001 Annual report, submitted by Illinois State Fire Marshal. 2001 Educational Mandates Report, submitted by Illinois State Board of Education. Annual Report on School Breakfast Incentives, submitted by Illinois State Board of Education. Compliance Audit, submitted by State Universities Retirement System. Compliance Audit, submitted by Teachers Retirement System. Compliance Audit, submitted by State Employees Retirement System. Compliance Audit, submitted by Judges Retirement System. Compliance Audit, submitted by General Assembly Retirement System. Compliance Audit, submitted by Illinois State Board of Investment. Report on Bilingual Needs and Pay Survey 2001, submitted by Illinois Department of Central Management Services. FY 2001 report, submitted by Illinois Housing Development Authority. 9-1-1 Implementation Report, submitted by Gridley Telephone. 2001 Annual Report, submitted by Illinois Sports Facilities Authority. Audit report, submitted by Department of the Lottery. Audit report, submitted by Department of Insurance. Audit report, submitted by Department of Labor. Audit report, submitted by Illinois Commerce Commission. REPORT FROM THE COMMITTEE ON RULES
[May 9, 2002] 8 Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 776. The committee roll call vote on HOUSE RESOLUTION 738 is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross Y Tenhouse, Spkpn Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Computer Technology: HOUSE RESOLUTION 638. MOTIONS SUBMITTED Representative Bellock submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 58(a), I move to discharge the Committee on State Government Administration from further consideration of HOUSE RESOLUTION 659 and advance to the order of appropriate order of business. JOINT ACTION MOTIONS SUBMITTED Representative Schoenberg submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 2 to HOUSE BILL 136. Representative Dart 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 1961. 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 2271. Representative Joseph M. Lyons 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 4357. Representative Schoenberg 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 4157. Representative Jefferson 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 4953.
9 [May 9, 2002] Representative Schoenberg 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 3212. Representative Wirsing 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 5530. Representative Wright 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 3 to HOUSE BILL 4117. Representative Leitch 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 6041. Representative Rutherford 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 3336. Representative Lindner 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 4409. REQUEST FOR STATE MANDATE NOTE Representative Cross requested that a State Mandate Note be supplied for SENATE BILL 2067, as amended. JUDICIAL NOTE SUPPLIED A Judicial Note has been supplied for SENATE BILL 2067, as amended. HOME RULE NOTES SUPPLIED Home Rule Notes have been supplied for SENATE BILLS 1849, as amended and 2067, as amended. REPORTS FROM STANDING COMMITTEES Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken on May 8, 2002, 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 JOINT RESOLUTION 76. The committee roll call vote on HOUSE JOINT RESOLUTION 76 is as follows: 18, Yeas; 1, Nays; 1, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins Y Krause N Cowlishaw, Spkpn P Miller
[May 9, 2002] 10 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 Y Smith, Michael Y Winkel 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 resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 527. The committee roll call vote on HOUSE RESOLUTION 527 is as follows: 6, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Franks A Collins, V-Chair A O'Connor, Spkpn Y Forby Y Pankau Y Fowler A Righter Y Wirsing AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 880 Offered by Representative Delgado: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate Viva La Gente of Chicago for their positive influence on the youth of Chicago; and WHEREAS, Viva La Gente, which means, "Up With People", was established in 1989 and is the biggest cultural youth group in Chicago, with members ranging in age from 4 through 16; the sole purpose of Viva La Gente is to spread the message of love and brotherhood to the world through music, without political or religious motivation; the group sings and dances to music that only carries a positive message; and WHEREAS, Viva La Gente has represented youth in many public presentations throughout Chicago and various states; they have performed at The Field Museum, the Pan American Festivals, Viva Chicago, Taste of Chicago, Channel 44 Brechita, Wright College, the Soccer League Opening, the Shore Drive Country Club, the McCormick Place Hotel, the Norwegian American Hospital Festival, and the 1995 Viva Chicago opening; Viva La Gente had the honor of being present at the Richard J. Daley Plaza for special events, and at the Inaugural Ceremony of the Honorable Governor Jim Edgar; and WHEREAS, Recently, Viva La Gente reached out to the youth in their community by bringing presentations to grammar schools and high schools such as Churrs, Clemente, Kelvyn Park, Duprey, H.I.P.P.Y., Sabin, Lozano, as well as the Chicago Park District Yamborines; and WHEREAS, Viva La Gente has completed tours to Indiana's Puerto Rican Festival, Cleveland, Orlando, and four different towns in Puerto Rico; where they were welcomed with much warmth and re-invited for future visits; and WHEREAS, Viva La Gente's most prestigious performances were during June 1996, at the Sheraton Hotel for the Honorable First Lady Mrs. Hilary Clinton, and in 1997 in Dallas at the Texas State Fair; in 1998, Viva La Gente was invited to perform in Puepla, Mexico and surrounding towns for the more needy families; in 1999, the group was invited to Universal Studios to perform; and
11 [May 9, 2002] WHEREAS, Viva La Gente was the proud recipient of two first place prizes at the Hispanic Star Search of 1992, one in each category they represented, the Duo/Group Vocal and Best Youth Performer, and, in 1993, the group received two first place prizes in Outstanding Youth Performer and Duo/Group Vocal; Viva La Gente's most recent accomplishment was the recording of their new CD titled, "Abriendo Caminos Para Un Nuevo Destino"; and WHEREAS, Viva La Gente also enjoys making presentations at churches and social agencies and welcome new prospective members; and WHEREAS, Without the help of Jose R. Quiles, Director and Founder of Viva La Gente, and Damaressa Quiles, Diamariluz Quiles, Jaslene Gonzalez, Lydia Sanchez, Iraida Sanchez, Veronica Mercado, Jessica Gutierrez, Sandra, Heather White, Iris, Saby, Dinely Ayala, Vanessa, and Sonia Padilla, the success of Viva La Gente would surely not be so great; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Viva La Gente of Chicago on their success as the largest cultural youth group in Chicago, and wish them all the best in their future performances; and be it further RESOLVED, That a suitable copy of this resolution be presented to Jose R. Quiles, Director and Founder Viva La Gente of Chicago, as an expression of our esteem. HOUSE RESOLUTION 881 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, John W. McCarter, Jr. is President and Chief Executive Officer of the Field Museum, one of the great natural history museums in the world; and WHEREAS, The Field Museum is an international leader in environmental conservation evolutionary biology, paleontology, and anthropology; its collections number over 21 million specimens, and the staff includes 72 Ph.Ds; the Field Museum has activities in 98 countries; and WHEREAS, The Field Museum's educational programs and exhibits attracted more than 4 million visitors during the last two years including 700,000 students, and its distance learning program over the Internet and public television stations has reached 12 million students; its close ties with the University of Chicago and the University of Illinois are models for institutional alliances; and WHEREAS, A native Chicagoan, John W. McCarter, Jr., previously was Senior Vice President of Booz Allen & Hamilton, Inc.; earlier in his career, he served as President of DeKalb Corporation and was Budget Director of the State of Illinois under Governor Richard B. Ogilvie; in addition, he was a White House Fellow during the administration of Lyndon B. Johnson; and WHEREAS, Mr. McCarter is a Director of W.W. Grainger, A.M. Castle, and Harris Insight Funds and Divergence L.L.C.; he is a board member and former Chairman of Chicago's Public Television Station Channel 11, a trustee of the University of Chicago, and a director of the Chicago Public Education Fund; and WHEREAS, Mr. McCarter is a graduate of Princeton University and Harvard Business School, and also attended the London School of Economics; and WHEREAS, John McCarter, Jr. and his wife, Judy, live in Northfield and have three children and one grandchild; and WHEREAS, On May 23, 2002, John W. McCarter, Jr. will be presented the Field Museum's Civic Leadership Award in recognition of his dedication and contribution as President and Chief Executive Officer of the Field Museum; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate John W.
[May 9, 2002] 12 McCarter on receiving the Civic Leadership Award presented by the Field Museum of Chicago; and be it further RESOLVED, That a suitable copy of this resolution be presented to John W. McCarter as an expression of our esteem. HOUSE RESOLUTION 882 Offered by Representative Crotty: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate Karen Koch of Oak Forest, who is retiring this school year as D.A.R.E. officer; and WHEREAS, Karen Koch has been a resident of the City of Oak Forest for 33 years where she resides with her husband of 26 years, John, and their two daughters, Kristina and Cynthia; and WHEREAS, Karen Koch earned a Bachelor of Arts Degree in Criminal Justice, a Masters Degree in Health Science, and is currently pursuing a Doctorate in Clinical Psychology at the Chicago School for Professional Psychology; and WHEREAS, Karen Koch began working with children for the Oak Forest Police Department in 1970, first as a community service officer for six years, then as a police officer and D.A.R.E. officer; and WHEREAS, The first D.A.R.E. (Drug Abuse Resistance Education) programs were piloted in 46 Illinois school districts in the 1986-87 school year; Arbor Park School District 145 in Oak Forest was fortunate to be one of the first districts selected to start the D.A.R.E program; and WHEREAS, The D.A.R.E. program was under the leadership of Officer Karen Koch from 1987 to the present year; and WHEREAS, In May 1992, Karen Koch was recognized as the "Illinois D.A.R.E. Officer of the Year"; and WHEREAS, Karen Koch formed a partnership with Arbor Park School District 145, and expanded that opportunity to children in School Districts 142 and 144, and St. Damien School; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate D.A.R.E. Officer Karen Koch of Oak Forest on her retirement and wish her all the best in her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Karen Koch as an expression of our esteem. HOUSE RESOLUTION 883 Offered by Representative Crotty: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate Dr. Thomas Keith Buell for his years of service as superintendent of Forest Ridge School District 142; and WHEREAS, Dr. Buell and his family, wife, Carole; his daughter, Erian; and his son, Tyler, reside in Palos Heights; and WHEREAS, Dr. Buell earned his Bachelor's degree in music education from Wheaton College, his Master's degree in music education from the American Conservatory of Music in Chicago, and his doctorate degree in educational administration from Loyola University; and WHEREAS, Dr. Buell entered education in 1968 at Prairie Hills Elementary School District 144, where he taught music at Fieldcrest School in Oak Forest; and WHEREAS, Dr. Buell was appointed principal of Fieldcrest School in 1976 and served for ten years; and WHEREAS, In 1987, Dr. Buell was appointed Assistant Superintendent for Business of Prairie Hills Elementary School District 144; during his years there, he initiated and developed a self-improvement and evaluation program for teachers, "The Science of Teaching", which won him national recognition from the American Association of School Administrators and the National Center for Improvement of Learning; in addition, he received local recognition from Governors State University and Prairie Hills School District; and WHEREAS, Dr. Buell was named Superintendent of Schools in the
13 [May 9, 2002] Forest Ridge School District 142 in January, 1990; in that position, he has been instrumental in developing a pre-kindergarten program that has been funded by the State since 1991 and has now evolved into the Focus on Families program; Dr. Buell has overseen the development of the English as a Second Language program, which began nine years ago; he has worked with the staff to support the development of an extremely successful technology program; and WHEREAS, Dr. Thomas Keith Buell will resign as Superintendent of Forest Ridge School District 142 on June 30, 2002; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Thomas Keith Buell of Palos Heights on his achievements as Superintendent of Schools for Forest Ridge School District 142 and wish him all the best in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Thomas Keith Buell of Palos Heights as an expression of our esteem. HOUSE RESOLUTION 885 Offered by Representative Biggins: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate those citizens of this State who have committed themselves to helping the less fortunate; and WHEREAS, It has come to our attention that Patricia Elizabeth Condon of Chicago has dedicated herself to enriching the lives of mentally-handicapped citizens through the Special Olympics; and WHEREAS, Patricia Condon was born on June 16, 1923, in Sioux Falls, South Dakota; she was educated at Providence High School in Chicago and attended 2 years of college; she married the late David Rensing Condon on March 29, 1948; they had six children together, Kathleen Anne Irene, Barbara Leona Marie, Susan Joanne Margaret, Mary Elizabeth Louise, David Anthony Paul, and Patricia Colleen Moira; and WHEREAS, Patricia Condon's initial input and leadership was instrumental in the development of what has become the Illinois Special Olympics, and her many years of direct service to the Chicago Park District with the Special Olympics has developed into a program that is a model for the nation; and WHEREAS, Patricia Condon serves on the Board of the Illinois Special Olympics and has worked effectively for a number of years with the Special Children's Charities Foundation to establish a program model to provide direct services for individuals with mental handicaps; and WHEREAS, Patricia Condon has dedicated her professional career to serving individuals with mental handicaps; her leadership has led to a much richer lifestyle and community access for the Chicago Special Olympians; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize Patricia Elizabeth Condon for her leadership in the development of the Illinois Special Olympics program and her lifelong commitment to services for Special Olympians; and be it further RESOLVED, That a suitable copy of this resolution be presented to Patricia Elizabeth Condon of Chicago as an expression of our esteem. HOUSE RESOLUTION 886 Offered by Representative Wright: WHEREAS, It has come to our attention that Abraham Lincoln Memorial Hospital in Lincoln is celebrating its 100th anniversary this year; and WHEREAS, The hospital was begun in 1902 as St. John's Evangelical Home and Hospital under the auspices of St. John's Evangelical Church (now St. John's United Church of Christ) and was later known as Evangelical Deaconess Hospital; the old hospital celebrated its 50th anniversary in June 1952 but the facilities had become inadequate; the Abraham Lincoln Memorial Hospital project began as an ecumenical movement and in May 1952 ground was broken for the new hospital
[May 9, 2002] 14 building; the new hospital was dedicated on April 2, 1954 and has been added to three times and extensively remodeled; and WHEREAS, Abraham Lincoln Memorial Hospital is a 66-bed, not-for-profit, community-based general hospital; it is an affiliate of Memorial Health System of Springfield and serves 17 communities in Logan and eastern Mason County; and WHEREAS, On May 5, 2002, a crowd of 75 gathered near the hospital's Eighth Street entrance for the rededication ceremony; Emil Stahlhut, hospital administrator from 1953 to 1983, recalled his years at the hospital and emphasized that the spirit of the staff has brought the hospital to it's centennial; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Abraham Lincoln Memorial Hospital in Lincoln on its 100th anniversary and wish it many more years of successful service to the community; and be it further RESOLVED, That a suitable copy of this resolution be presented to Woody Hester, President and CEO of Abraham Lincoln Memorial Hospital. HOUSE RESOLUTION 887 Offered by Representative Steve Davis: WHEREAS, Helen L. Hunt was born on May 26, 1912; and WHEREAS, Helen L. Hunt was married to Ralph Hunt for over 50 years; and WHEREAS, Helen L. Hunt has three children, Buddy Davis, Betty McDonald, and Gary Hunt; and WHEREAS, Helen L. Hunt is a compassionate and caring mother, grandmother, great-grandmother, and great-great-grandmother; and WHEREAS, Helen L. Hunt and her husband were actively involved in various business ventures including the tavern business, grocery business, hardware business, lawn mower sales and repair, and dog grooming and breeding; and WHEREAS, Helen L. Hunt is a member in good standing at the Holiday Shores Baptist Church; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Helen L. Hunt on the celebration of her 90th birthday; and be it further RESOLVED, That a suitable copy of this resolution be presented to Helen L. Hunt as an expression of our esteem. HOUSE RESOLUTION 888 Offered by Representative Kosel: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize notable achievements in school sports in the State of Illinois; and WHEREAS, It has come to our attention that the New Lenox Martino Junior High School Boys Wrestling Team recently won the 2002 Illinois Elementary School Association State Wrestling Title; and WHEREAS, The team totaled 193 points with nine individual placewinners in the two-day meet at Northern Illinois University; Bloomington Junior High School was second with 184 points, followed by Sandwich with 174 points, Mahamet-Seymour with 134 points, Coal City with 94 points, and Troy Middle School with 88 points; and WHEREAS, Team placewinners include Eddie Ewing (second, 135 pounds), Mike Knowles (second, 75 pounds), Luis Mejia (third, 105 pounds), John Hackenjos (third, 145 pounds), Brennan Novak (fourth, 90 pounds), Jake Beechy (fourth, 80 pounds), Brad Musil (fourth, 105 pounds), Bobby Brodinski (fifth, 70 pounds), and Cory Ryan (fifth, 155 pounds); and WHEREAS, The member of the team are Kyle Casey, Bob Brodinski, John Janus, Mike Knowles, Kyle Conrad, Jake Beechy, Tyler Gagan, Kurt Watt, William Fenogllo, Brennan Novak, Mike Plechocinski, Adam Seliga, Rich Olszewski, Zack Grasse, Pat Morfeld, Brad Musil, Luis Mejia, Eric Scanlan, Nico Calvi, Derek Rybak, Brian Lenard, Gavin Kurtz, Eddie
15 [May 9, 2002] Ewing, Kyle Siwinski, John Hakenjos, Brett Coffon, Cory Ryan, Ted Wiersema, Kevin Clark, Adam Briggs, Ed Cochran, T.J. Hall, and Harrison Harnisch; and the coaches are Steve DeNeut, Jim Havlin, Dave Ulstad, Jeff Klotz, and Nick Plechocinski; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the New Lenox Martino Junior High School Boys Wrestling Team on winning the Illinois Elementary School Association State Wrestling Title; and be it further RESOLVED, That a suitable copy of this resolution be presented to coaches Steve DeNeut, Jim Havlin, Dave Ulstad, Jeff Klotz, and Nick Plechocinski and to each member of the team as an expression of our esteem. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 207 A bill for AN ACT concerning unclaimed property. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 207. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 207 on page 3 by replacing lines 25 and 26 with the following: "Section 99. Effective date. This Act takes effect on January 1, 2004.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 207 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 909 A bill for AN ACT in relation to the Illinois work force. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 909. Senate Amendment No. 2 to HOUSE BILL NO. 909.
[May 9, 2002] 16 Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 909 on page 1, by deleting lines 6 through 31; and by deleting all of pages 2 and 3. AMENDMENT NO. 2. Amend House Bill 909 on page 1, line 1, by changing "the Illinois work force" to "construction"; and on page 1, by replacing lines 4 through 5 with the following: "Section 5. The Public Construction Bond Act is amended by changing Section 1 as follows: (30 ILCS 550/1) (from Ch. 29, par. 15) Sec. 1. Except as otherwise provided by this Act, all officials, boards, commissions or agents of this State, or of any political subdivision thereof in making contracts for public work of any kind costing over $5,000 to be performed for the State, or a political subdivision thereof shall require every contractor for the work to furnish, supply and deliver a bond to the State, or to the political subdivision thereof entering into the contract, as the case may be, with good and sufficient sureties. The amount of the bond shall be fixed by the officials, boards, commissions, commissioners or agents, and the bond, among other conditions, shall be conditioned for the completion of the contract, for the payment of material used in the work and for all labor performed in the work, whether by subcontractor or otherwise. If the contract is for emergency repairs as provided in the Illinois Procurement Code, proof of payment for all labor, materials, apparatus, fixtures, and machinery may be furnished in lieu of the bond required by this Section. Each such bond is deemed to contain the following provisions whether such provisions are inserted in such bond or not: "The principal and sureties on this bond agree that all the undertakings, covenants, terms, conditions and agreements of the contract or contracts entered into between the principal and the State or any political subdivision thereof will be performed and fulfilled and to pay all persons, firms and corporations having contracts with the principal or with subcontractors, all just claims due them under the provisions of such contracts for labor performed or materials furnished in the performance of the contract on account of which this bond is given, when such claims are not satisfied out of the contract price of the contract on account of which this bond is given, after final settlement between the officer, board, commission or agent of the State or of any political subdivision thereof and the principal has been made." The bond required by this Section may be acquired from the company, agent or broker of the contractor's choice. Except in a political subdivision of this State with a population over 1,000,000, the form of the bond may be, at the contractor's choosing, a cash bond, letter of credit, or surety bond. The bond and sureties shall be subject to the right of reasonable approval or disapproval, including suspension, by the State or political subdivision thereof concerned. When other than motor fuel tax funds, federal-aid funds, or other funds received from the State are used, a political subdivision may allow the contractor to provide a non-diminishing irrevocable bank letter of credit, in lieu of the bond required by this Section, on contracts under $100,000 to comply with the requirements of this Section. Any such bank letter of credit shall contain all provisions required for bonds by this Section. (Source: P.A. 91-456, eff. 8-6-99.)". The foregoing message from the Senate reporting Senate Amendments
17 [May 9, 2002] numbered 1 and 2 to HOUSE BILL 909 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1033 A bill for AN ACT concerning Gulf War Veterans. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1033. Senate Amendment No. 2 to HOUSE BILL NO. 1033. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1033 by replacing everything after the enacting clause with the following: "Section 1. This Act may be cited as the Gulf War Veterans Act.". AMENDMENT NO. 2. Amend House Bill 1033, AS AMENDED, by inserting after the end of Section 1 the following: "Section 5. Gulf War Veterans Memorial. A Gulf War Veterans Memorial may be constructed by a private entity on a portion of the State property in Oak Ridge Cemetery in Springfield, Illinois. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1033 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1081 A bill for AN ACT concerning open burning. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 1081. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate
[May 9, 2002] 18 AMENDMENT NO. 2. Amend House Bill 1081 on page 1, by replacing lines 9 through 11 with the following: "incorporated under this Act may, by ordinance,"; and on page 1, line 12, after "open burning" by inserting "within the district"; and on page 1, line 16, after "corporate limits of a", by inserting the following: "county with a population of 3,000,000 or more or a". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 1081 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1436 A bill for AN ACT in relation to education. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1436. Senate Amendment No. 2 to HOUSE BILL NO. 1436. Senate Amendment No. 3 to HOUSE BILL NO. 1436. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1436 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Sections 21-2, 21-14, and 21-16 as follows: (105 ILCS 5/21-2) (from Ch. 122, par. 21-2) Sec. 21-2. Grades of certificates. (a)
19 [May 9, 2002] examinations required by the State Board of Education, and (4) have met all other criteria established by the State Board of Education in consultation with the State Teacher Certification Board, shall be issued an Initial Teaching Certificate valid for 4 years of teaching, as defined in Section 21-14 of this Code. Initial Teaching Certificates shall be issued for categories corresponding to Early Childhood, Elementary, Secondary, and Special K-12, with special certification designations for Special Education, Bilingual Education, fundamental learning areas (including Language Arts, Reading, Mathematics, Science, Social Science, Physical Development and Health, Fine Arts, and Foreign Language), and other areas designated by the State Board of Education, in consultation with the State Teacher Certification Board. (c) Standard Certificate.
[May 9, 2002] 20 (iii) Support for each new teacher in relation to the Illinois Professional Teaching Standards, the content-area standards applicable to the new teacher's area of certification, and any applicable local school improvement and professional development plans. (iv) Professional development specifically designed to foster the growth of each new teacher's knowledge and skills. (v) Formative assessment that is based on the Illinois Professional Teaching Standards and designed to provide feedback to the new teacher and opportunities for reflection on his or her performance, which must not be used directly or indirectly in any evaluation of a new teacher pursuant to Article 24A of this Code or the evaluation procedure of the school and which must include the activities specified in clauses (B)(i), (B)(ii), and (B)(iii) of this paragraph (2). (vi) Assignment of responsibility for coordination of the induction and mentoring program within each school district participating in the program. (B) Successful completion of 4 semester hours of graduate-level coursework on the assessment of one's own performance in relation to the Illinois Professional Teaching Standards. The coursework must be approved by the State Board of Education, in consultation with the State Teacher Certification Board; must be offered either by an institution of higher education, by such an institution in partnership with a teachers' association or union or with a regional office of education, or by another entity authorized to issue college credit; and must include demonstration of performance through all of the following activities for each of the Illinois Professional Teaching Standards: (i) Observation, by the course instructor or another experienced teacher, of the new teacher's classroom practice (the observation may be recorded for later viewing) for the purpose of identifying and describing how the new teacher made content meaningful for students; how the teacher motivated individuals and the group and created an environment conducive to positive social interactions, active learning, and self-motivation; what instructional strategies the teacher used to encourage students' development of critical thinking, problem solving, and performance; how the teacher communicated using written, verbal, nonverbal, and visual communication techniques; and how the teacher maintained standards of professional conduct and provided leadership to improve students' learning. (ii) Review and analysis, by the course instructor or another experienced teacher, of written documentation (i.e., lesson plans, assignments, assessment instruments, and samples of students' work) prepared by the new teacher for at least 2 lessons. The documentation must provide evidence of classroom performance related to Illinois Professional Teaching Standards 1 through 9, with an emphasis on how the teacher used his or her understanding of students, assessment data, and subject matter to decide on learning goals; how the teacher designed or selected activities and instructional materials and aligned instruction to the relevant Illinois Learning Standards; how the teacher adapted or modified curriculum to meet individual students' needs; and how the teacher sequenced instruction and designed or selected student assessment strategies. (iii) Demonstration of professional expertise on the part of the new teacher in reflecting on his or her practice, which was observed under clause (B)(i) of this paragraph (2) and documented under clause (B)(ii) of this paragraph (2), in terms of teaching strengths, weaknesses, and implications for improvement according to the Illinois Professional Teaching Standards.
21 [May 9, 2002] (C) Successful completion of a minimum of 4 semester hours of graduate-level coursework addressing preparation to meet the requirements for certification by the National Board for Professional Teaching Standards (NBPTS). The coursework must be approved by the State Board of Education, in consultation with the State Teacher Certification Board, and must be offered either by an institution of higher education, by such an institution in partnership with a teachers' association or union or with a regional office of education, or by another entity authorized to issue college credit. The course must address the 5 NBPTS Core Propositions and relevant standards through such means as the following: (i) Observation, by the course instructor or another experienced teacher, of the new teacher's classroom practice (the observation may be recorded for later viewing) for the purpose of identifying and describing how the new teacher made content meaningful for students; how the teacher motivated individuals and the group and created an environment conducive to positive social interactions, active learning, and self-motivation; what instructional strategies the teacher used to encourage students' development of critical thinking, problem solving, and performance; how the teacher communicated using written, verbal, nonverbal, and visual communication techniques; and how the teacher maintained standards of professional conduct and provided leadership to improve students' learning. (ii) Review and analysis, by the course instructor or another experienced teacher, of written documentation (i.e., lesson plans, assignments, assessment instruments, and samples of students' work) prepared by the new teacher for at least 2 lessons. The documentation must provide evidence of classroom performance, including how the teacher used his or her understanding of students, assessment data, and subject matter to decide on learning goals; how the teacher designed or selected activities and instructional materials and aligned instruction to the relevant Illinois Learning Standards; how the teacher adapted or modified curriculum to meet individual students' needs; and how the teacher sequenced instruction and designed or selected student assessment strategies. (iii) Demonstration of professional expertise on the part of the new teacher in reflecting on his or her practice, which was observed under clause (C)(i) of this paragraph (2) and documented under clause (C)(ii) of this paragraph (2), in terms of teaching strengths, weaknesses, and implications for improvement. (D) Receipt of an advanced degree from an accredited institution of higher education in an education-related field, provided that at least 8 semester hours of the coursework completed count toward a degree, certificate, or endorsement in a teaching field. (E) Accumulation of 60 continuing professional development units (CPDUs), earned by completing selected activities that comply with paragraphs (3) and (4) of this subsection (c). However, for an individual who holds an Initial Teaching Certificate on the effective date of this amendatory Act of the 92nd General Assembly, the number of CPDUs shall be reduced to reflect the teaching time remaining on the Initial Teaching Certificate. (F) Completion of a nationally normed, performance-based assessment, if made available by the State Board of Education in consultation with the State Teacher Certification Board, provided that the cost to the person shall not exceed the cost of the coursework described in clause (B) of this paragraph (2). (3) This paragraph (3) applies only to those persons required to successfully complete the requirements of this paragraph under paragraph (1) of this subsection (c). At least one-half the CPDUs a person must accrue in order to qualify for a Standard Teaching
[May 9, 2002] 22 Certificate must be earned through completion of coursework, workshops, seminars, conferences, and other similar training events that are pre-approved by the State Board of Education, in consultation with the State Teacher Certification Board, for the purpose of reflection on teaching practices in order to address all of the Illinois Professional Teaching Standards necessary to obtain a Standard Teaching Certificate. These activities must meet all of the following requirements: (A) Each activity must be designed to advance a person's knowledge and skills in relation to one or more of the Illinois Professional Teaching Standards or in relation to the content-area standards applicable to the teacher's field of certification. (B) Taken together, the activities completed must address each of the Illinois Professional Teaching Standards as provided in clauses (B)(i), (B)(ii), and (B)(iii) of paragraph (2) of this subsection (c). (C) Each activity must be provided by an entity approved by the State Board of Education, in consultation with the State Teacher Certification Board, for this purpose. (D) Each activity, integral to its successful completion, must require participants to demonstrate the degree to which they have acquired new knowledge or skills, such as through performance, through preparation of a written product, through assembling samples of students' or teachers' work, or by some other means that is appropriate to the subject matter of the activity. (E) One CPDU shall be available for each hour of direct participation by a holder of an Initial Teaching Certificate in a qualifying activity. An activity may be attributed to more than one of the Illinois Professional Teaching Standards, but credit for any activity shall be counted only once. (4) This paragraph (4) applies only to those persons required to successfully complete the requirements of this paragraph under paragraph (1) of this subsection (c). The balance of the CPDUs a person must accrue in order to qualify for a Standard Teaching Certificate, in combination with those earned pursuant to paragraph (3) of this subsection (c), may be chosen from among the following, provided that an activity listed in clause (C) of this paragraph (4) shall be creditable only if its provider is approved for this purpose by the State Board of Education, in consultation with the State Teacher Certification Board: (A) Collaboration and partnership activities related to improving a person's knowledge and skills as a teacher, including all of the following: (i) Peer review and coaching. (ii) Mentoring in a formal mentoring program, including service as a consulting teacher participating in a remediation process formulated under Section 24A-5 of this Code. (iii) Facilitating parent education programs directly related to student achievement for a school, school district, or regional office of education. (iv) Participating in business, school, or community partnerships directly related to student achievement. (B) Teaching college or university courses in areas relevant to a teacher's field of certification, provided that the teaching may only be counted once during the course of 4 years. (C) Conferences, workshops, institutes, seminars, and symposiums related to improving a person's knowledge and skills as a teacher, including all of the following: (i) Completing non-university credit directly related to student achievement, the Illinois Professional Teaching Standards, or content-area standards. (ii) Participating in or presenting at workshops, seminars, conferences, institutes, and symposiums. (iii) Training as external reviewers for the State Board of Education. (iv) Training as reviewers of university teacher preparation programs.
23 [May 9, 2002] (D) Other educational experiences related to improving a person's knowledge and skills as a teacher, including all of the following: (i) Participating in action research and inquiry projects. (ii) Observing programs or teaching in schools, related businesses, or industry that is systematic, purposeful, and relevant to a teacher's field of certification. (iii) Participating in study groups related to student achievement, the Illinois Professional Teaching Standards, or content-area standards. (iv) Participating in work/learn programs or internships. (v) Developing a portfolio of students' and teacher's work. (E) Professional leadership experiences related to improving a person's knowledge and skills as a teacher, including all of the following: (i) Participating in curriculum development or assessment activities at the school, school district, regional office of education, State, or national level. (ii) Participating in team or department leadership in a school or school district. (iii) Participating on external or internal school or school district review teams. (iv) Publishing educational articles, columns, or books relevant to a teacher's field of certification. (v) Participating in non-strike related activities of a professional association or labor organization that are related to professional development. (5) A person must complete his or her chosen requirement under paragraph (2) of this subsection (c) before the expiration of his or her Initial Teaching Certificate and must submit evidence of having done so to the local professional development committee. Within 30 days after receipt of a person's evidence of completion, the local professional development committee shall forward the evidence of completion to the responsible regional superintendent of schools along with the local professional development committee's recommendation, based on that evidence, as to whether the person is eligible to receive a Standard Teaching Certificate. The local professional development committee shall provide a copy of this recommendation to the affected person. The regional superintendent of schools shall review the evidence of completion submitted by a person and, based upon compliance with all of the requirements for receipt of a Standard Teaching Certificate, shall forward to the State Board of Education a recommendation for issuance or non-issuance. The regional superintendent of schools shall notify the affected person of the recommendation forwarded. Upon review of a regional superintendent of school's recommendations, the State Board of Education shall issue Standard Teaching Certificates to those who qualify and shall notify a person, in writing, of a decision denying a Standard Teaching Certificate. Any decision denying issuance of a Standard Teaching Certificate to a person may be appealed to the State Teacher Certification Board. (6) The State Board of Education, in consultation with the State Teacher Certification Board, may adopt rules to implement this subsection (c) and may periodically evaluate any of the methods of qualifying for a Standard Teaching Certificate described in this subsection (c). (d) Master Certificate.
[May 9, 2002] 24 Certificate shall be eligible for a teaching position in this State in the areas for which he or she holds a Master Certificate without satisfying any other requirements of this Code, except for those requirements pertaining to criminal background checks. A teacher who holds a Master Certificate shall be deemed to meet State certification renewal requirements in the area or areas for which he or she holds a Master Certificate for the 10-year term of the teacher's Master Certificate. (Source: P.A. 91-102, eff. 7-12-99; 91-606, eff. 8-16-99; 91-609, eff. 1-1-00; 92-16, eff. 6-28-01.) (105 ILCS 5/21-14) (from Ch. 122, par. 21-14) (Text of Section before amendment by P.A. 92-510) Sec. 21-14. Registration and renewal of certificates. (a) A limited four-year certificate or a certificate issued after July 1, 1955, shall be renewable at its expiration or within 60 days thereafter by the county superintendent of schools having supervision and control over the school where the teacher is teaching upon certified evidence of meeting the requirements for renewal as required by this Act and prescribed by the State Board of Education in consultation with the State Teacher Certification Board. An elementary supervisory certificate shall not be renewed at the end of the first four-year period covered by the certificate unless the holder thereof has filed certified evidence with the State Teacher Certification Board that he has a master's degree or that he has earned 8 semester hours of credit in the field of educational administration and supervision in a recognized institution of higher learning. The holder shall continue to earn 8 semester hours of credit each four-year period until such time as he has earned a master's degree. All certificates not renewed or registered as herein provided shall lapse after a period of 5 years from the expiration of the last year of registration. Such certificates may be reinstated for a one year period upon payment of all accumulated registration fees. Such reinstated certificates shall only be renewed: (1) by earning 5 semester hours of credit in a recognized institution of higher learning in the field of professional education or in courses related to the holder's contractual teaching duties; or (2) by presenting evidence of holding a valid regular certificate of some other type. Any certificate may be voluntarily surrendered by the certificate holder. A voluntarily surrendered certificate shall be treated as a revoked certificate. (b) When those teaching certificates issued before February 15, 2000 are renewed for the first time after February 15, 2000, all such teaching certificates shall be exchanged for Standard Teaching Certificates as provided in subsection (c) of Section 21-2. All Initial and Standard Teaching Certificates, including those issued to persons who previously held teaching certificates issued before February 15, 2000, shall be renewable under the conditions set forth in this subsection (b). Initial Teaching Certificates are nonrenewable and are valid for 4 years of teaching. Standard Teaching Certificates are renewable every 5 years as provided in subsection (c) of Section 21-2 and subsection (c) of this Section. For purposes of this Section, "teaching" is defined as employment and performance of services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, in a certificated teaching position, or a charter school operating in compliance with the Charter Schools Law. (c) In compliance with subsection (c) of Section 21-2 of this Code, which provides that a Standard Teaching Certificate may be renewed by the State Teacher Certification Board based upon proof of continuing professional development, the State Board of Education and the State Teacher Certification Board shall jointly: (1) establish a procedure for renewing Standard Teaching Certificates, which shall include but not be limited to annual timelines for the renewal process and the components set forth in subsections (d) through (k) of this Section;
25 [May 9, 2002] (2) establish the standards for certificate renewal; (3) approve the providers of continuing professional development activities; (4) determine the maximum credit for each category of continuing professional development activities, based upon recommendations submitted by a continuing professional development activity task force, which shall consist of 6 staff members from the State Board of Education, appointed by the State Superintendent of Education, and 6 teacher representatives, 3 of whom are selected by the Illinois Education Association and 3 of whom are selected by the Illinois Federation of Teachers; (5) designate the type and amount of documentation required to show that continuing professional development activities have been completed; and (6) provide, on a timely basis to all Illinois teachers, certificate holders, regional superintendents of schools, school districts, and others with an interest in continuing professional development, information about the standards and requirements established pursuant to this subsection (c). (d) Any Standard Teaching Certificate held by an individual employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control in a certificated teaching position or a charter school in compliance with the Charter Schools Law must be maintained Valid and Active through certificate renewal activities specified in the certificate renewal procedure established pursuant to subsection (c) of this Section, provided that a holder of a Valid and Active certificate who is only employed on either a part-time basis or day-to-day basis as a substitute teacher shall pay only the required registration fee to renew his or her certificate and maintain it as Valid and Active. All other Standard Teaching Certificates held may be maintained as Valid and Exempt through the registration process provided for in the certificate renewal procedure established pursuant to subsection (c) of this Section. A Valid and Exempt certificate must be immediately activated, through procedures developed jointly by the State Board of Education and the State Teacher Certification Board, upon the certificate holder becoming employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control in a certificated teaching position or a charter school operating in compliance with the Charter Schools Law. A holder of a Valid and Exempt certificate may activate his or her certificate through procedures provided for in the certificate renewal procedure established pursuant to subsection (c) of this Section. (e)(1) A Standard Teaching Certificate that has been maintained as Valid and Active for the 5 years of the certificate's validity shall be renewed as Valid and Active upon the certificate holder: (i) completing an advanced degree from an approved institution in an education-related field; (ii) completing at least 8 semester hours of coursework as described in subdivision (B)
[May 9, 2002] 26 amount of time the certificate was Valid and Exempt. Furthermore, if a certificate holder is employed and performs teaching services on a part-time basis for all or a portion of the certificate's 5-year period of validity, the number of continuing professional development units needed to renew the certificate as Valid and Active shall be reduced by 50% for the amount of time the certificate holder has been employed and performed teaching services on a part-time basis. Part-time shall be defined as less than 50% of the school day or school term. (2) Each Valid and Active Standard Teaching Certificate holder shall develop a certificate renewal plan for satisfying the continuing professional development requirement provided for in subsection (c) of Section 21-2 of this Code. Certificate holders with multiple certificates shall develop a certificate renewal plan that addresses only that certificate or those certificates that are required of his or her certificated teaching position, if the certificate holder is employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, or that certificate or those certificates most closely related to his or her teaching position, if the certificate holder is employed in a charter school. Except as otherwise provided in this subsection (e), a certificate renewal plan shall include a minimum of 3 individual improvement goals developed by the certificate holder and shall reflect purposes (A), (B), and (C) and may reflect purpose (D) of the following continuing professional development purposes: (A) Advance both the certificate holder's knowledge and skills as a teacher consistent with the Illinois Professional Teaching Standards and the Illinois Content Area Standards in the certificate holder's areas of certification, endorsement, or teaching assignment in order to keep the certificate holder current in those areas. (B) Develop the certificate holder's knowledge and skills in areas determined to be critical for all Illinois teachers, as defined by the State Board of Education, known as "State priorities". (C) Address the knowledge, skills, and goals of the certificate holder's local school improvement plan, if the teacher is employed in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control. (D) Expand the certificate holder's knowledge and skills in an additional teaching field or toward the acquisition of another teaching certificate, endorsement, or relevant education degree. A certificate renewal plan must include a description of how these goals are to be achieved and an explanation of selected continuing professional development activities to be completed, each of which must meet one or more of the continuing professional development purposes specified in this paragraph (2). The plan shall identify potential activities and include projected timelines for those activities that will assure completion of the plan before the expiration of the 5-year validity of the Standard Teaching Certificate. Except as otherwise provided in this subsection (e), at least 50% of continuing professional development units must relate to purposes (A) and (B) set forth in this paragraph (2): the advancement of a certificate holder's knowledge and skills as a teacher consistent with the Illinois Professional Teaching Standards and the Illinois Content Area Standards in the certificate holder's areas of certification, endorsement, or teaching assignment in order to keep the certificate holder current in those areas and the development of a certificate holder's knowledge and skills in the State priorities that exist at the time the certificate renewal plan is developed. (3) Continuing professional development activities included in a certificate renewal plan may include, but are not limited to, the following activities: (A) completion of an advanced degree from an approved institution in an education-related field;
27 [May 9, 2002] (B)
[May 9, 2002] 28 (H)
29 [May 9, 2002] and shall be returned to the certificate holder to develop a revised certificate renewal plan. In all cases, the regional professional development review committee shall immediately notify both the local professional development committee and the certificate holder of its determination. (5) A certificate holder who wishes to modify the continuing professional development activities or goals in his or her certificate renewal plan must submit the proposed modifications to his or her local professional development committee for approval prior to engaging in the proposed activities. If the local professional development committee does not approve the proposed modification, the certificate holder may appeal that determination to the regional professional development review committee, as set forth in paragraph (4) of this subsection (e). (6) When a certificate holder changes assignments or school districts during the course of completing a certificate renewal plan, the professional development and continuing education credit earned pursuant to the plan shall transfer to the new assignment or school district and count toward the total requirements. This certificate renewal plan must be reviewed by the appropriate local professional development committee and may be modified to reflect the certificate holder's new work assignment or the school improvement plan of the new school district or school building. (f) Notwithstanding any other provisions of this Code, each school district, charter school, and cooperative or joint agreement with a governing body or board of control that employs certificated staff, shall establish and implement, in conjunction with its exclusive representative, if any, one or more local professional development committees, as set forth in this subsection (f), which shall perform the following functions: (1) review and approve certificate renewal plans and any modifications made to these plans, including transferred plans; (2) maintain a file of approved certificate renewal plans; (3) monitor certificate holders' progress in completing approved certificate renewal plans, provided that a local professional development committee shall not be required to maintain materials submitted by certificate holders to demonstrate their progress in completing their certificate renewal plans after the committee has reviewed the materials and the credits have been awarded; (4) assist in the development of professional development plans based upon needs identified in certificate renewal plans; (5) determine whether certificate holders have met the requirements of their certificate renewal plans and notify certificate holders of its determination; (6) provide a certificate holder with the opportunity to address the committee when it has determined that the certificate holder has not met the requirements of his or her certificate renewal plan; (7) issue and forward recommendations for renewal or nonrenewal of certificate holders' Standard Teaching Certificates to the appropriate regional superintendent of schools, based upon whether certificate holders have met the requirements of their approved certificate renewal plans, with 30-day written notice of its recommendation provided to the certificate holder prior to forwarding the recommendation to the regional superintendent of schools, provided that if the local professional development committee's recommendation is for certificate nonrenewal, the written notice provided to the certificate holder shall include a return receipt; and (8) reconsider its recommendation of certificate nonrenewal, upon request of the certificate holder within 30 days of receipt of written notification that the local professional development committee will make such a recommendation, and forward to the regional superintendent of schools its recommendation within 30 days of receipt of the certificate holder's request.
[May 9, 2002] 30 Each local professional development committee shall consist of at least 3 classroom teachers; one superintendent or chief administrator of the school district, charter school, or cooperative or joint agreement or his or her designee; and one at-large member who shall be either (i) a parent, (ii) a member of the business community, (iii) a community member, or (iv) an administrator, with preference given to an individual chosen from among those persons listed in items (i), (ii), and (iii) in order to secure representation of an interest not already represented on the committee. Except in a school district in a city having a population exceeding 500,000, a local professional development committee shall be responsible for no more than 200 certificate renewal plans annually unless otherwise mutually agreed upon by the school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any. If mutually agreed upon by the school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any, additional members may be added to a local professional development committee, provided that a majority of members are classroom teachers. Except in a school district in a city having a population exceeding 500,000, if additional members are added to a local professional development committee, the maximum number of certificate renewal plans for which the committee shall annually be responsible may be increased by 50 plans for each additional member, unless otherwise mutually agreed upon by the school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any. The school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any, shall determine the term of service of the members of a local professional development committee. All individuals selected to serve on local professional development committees must be known to demonstrate the best practices in teaching or their respective field of practice. The exclusive representative, if any, shall select the classroom teacher members of the local professional development committee. If no exclusive representative exists, then the classroom teacher members of a local professional development committee shall be selected by the classroom teachers that come within the local professional development committee's authority. The school district, charter school, or governing body or board of control of a cooperative or joint agreement shall select the 2 non-classroom teacher members (the superintendent or chief administrator of the school district, charter school, or cooperative or joint agreement or his or her designee and the at-large member) of a local professional development committee. Vacancies in positions on a local professional development committee shall be filled in the same manner as the original selections. The members of a local professional development committee shall select a chairperson. Local professional development committee meetings shall be scheduled so as not to interfere with committee members' regularly scheduled teaching duties, except when otherwise permitted by the policies of or agreed to or approved by the school district, charter school, or governing body or board of control of a cooperative or joint agreement, or its designee. The board of education or governing board shall convene the first meeting of the local professional development committee. All actions taken by the local professional development committee shall require that a majority of committee members be present, and no committee action may be taken unless 50% or more of those present are teacher members. The State Board of Education and the State Teacher Certification Board shall jointly provide local professional development committee members with a training manual, and the members shall certify that they have received and read the manual. Notwithstanding any other provisions of this subsection (f), for a teacher employed and performing services in a nonpublic or State-operated elementary or secondary school, all references to a
31 [May 9, 2002] local professional development committee shall mean the regional superintendent of schools of the regional office of education for the geographic area where the teaching is done. (g)(1) Each regional superintendent of schools shall review and concur or nonconcur with each recommendation for renewal or nonrenewal of a Standard Teaching Certificate he or she receives from a local professional development committee or, if a certificate holder appeals the recommendation to the regional professional development review committee, the recommendation for renewal or nonrenewal he or she receives from a regional professional development review committee and, within 14 days of receipt of the recommendation, shall provide the State Teacher Certification Board with verification of the following, if applicable: (A) a certificate renewal plan was filed and approved by the appropriate local professional development committee; (B) the professional development and continuing education activities set forth in the approved certificate renewal plan have been satisfactorily completed; (C) the local professional development committee has recommended the renewal of the certificate holder's Standard Teaching Certificate and forwarded the recommendation, along with all supporting documentation as jointly required by the State Board of Education and the State Teacher Certification Board, to the regional superintendent of schools; (D) the certificate holder has appealed his or her local professional development committee's recommendation of nonrenewal to the regional professional development review committee and the result of that appeal; (E) the regional superintendent of schools has concurred or nonconcurred with the local professional development committee's or regional professional development review committee's recommendation to renew or nonrenew the certificate holder's Standard Teaching Certificate and made a recommendation to that effect; and (F) the established registration fee for the Standard Teaching Certificate has been paid. At the same time the regional superintendent of schools provides the State Teacher Certification Board with the notice required by this subsection (g), he or she shall also notify the certificate holder in writing that this notice has been provided to the State Teacher Certification Board, provided that if the notice provided by the regional superintendent of schools to the State Teacher Certification Board includes a recommendation of certificate nonrenewal, the written notice provided to the certificate holder shall be by certified mail, return receipt requested. (2) Each certificate holder shall have the right to appeal his or her local professional development committee's recommendation of nonrenewal to the regional professional development review committee, within 14 days of receipt of notice that the recommendation has been sent to the regional superintendent of schools. Each regional superintendent of schools shall establish a regional professional development review committee or committees for the purpose of advising the regional superintendent of schools, upon request, and handling certificate holder appeals. This committee shall consist of at least 4 classroom teachers, one non-administrative certificated educational employee, 2 administrators, and one at-large member who shall be either (i) a parent, (ii) a member of the business community, (iii) a community member, or (iv) an administrator, with preference given to an individual chosen from among those persons listed in items (i), (ii), and (iii) in order to secure representation of an interest not already represented on the committee. The teacher and non-administrative certificated educational employee members of the review committee shall be selected by their exclusive representative, if any, and the administrators and at-large member shall be selected by the regional superintendent of schools. A regional superintendent of schools may add additional members to the committee, provided that the same proportion of teachers to administrators and at-large members on the committee is
[May 9, 2002] 32 maintained. Any additional teacher and non-administrative certificated educational employee members shall be selected by their exclusive representative, if any. Vacancies in positions on a regional professional development review committee shall be filled in the same manner as the original selections. Committee members shall serve staggered 3-year terms. All individuals selected to serve on regional professional development review committees must be known to demonstrate the best practices in teaching or their respective field of practice. The exclusive representative responsible for choosing the individuals that serve on a regional professional development review committee shall notify each school district, charter school, or governing body or board of control of a cooperative or joint agreement employing the individuals chosen to serve and provide their names to the appropriate regional superintendent of schools. Regional professional development review committee meetings shall be scheduled so as not to interfere with the committee members' regularly scheduled teaching duties, except when otherwise permitted by the policies of or agreed to or approved by the school district, charter school, or governing body or board of control of a cooperative or joint agreement, or its designee, provided that the school district, charter school, or governing body or board of control shall not unreasonably withhold permission for a committee member to attend regional professional development review committee meetings. In a city having a population exceeding 500,000 that does not have a regional office of education, one or more separate regional professional development review committees shall be established as mutually agreed upon by the board of education of the school district organized under Article 34 of this Code and the exclusive representative. The composition of each committee shall be the same as for a regional professional development review committee, except that members of the committee shall be jointly appointed by the board of education and the exclusive representative. All other provisions of this Section concerning regional professional development review committees shall apply to these committees. The regional professional development review committee may require information in addition to that received from a certificate holder's local professional development committee or request that the certificate holder appear before it, shall either concur or nonconcur with a local professional development committee's recommendation of nonrenewal, and shall forward to the regional superintendent of schools its recommendation of renewal or nonrenewal. All actions taken by the regional professional development review committee shall require a quorum and be by a simple majority of those present and voting. A record of all votes shall be maintained. The committee shall have 45 days from receipt of a certificate holder's appeal to make its recommendation to the regional superintendent of schools. The State Board of Education and the State Teacher Certification Board shall jointly provide regional professional development review committee members with a training manual, and the members shall be required to attend one training seminar sponsored jointly by the State Board of Education and the State Teacher Certification Board. (h)(1) The State Teacher Certification Board shall review the regional superintendent of schools' recommendations to renew or nonrenew Standard Teaching Certificates and notify certificate holders in writing whether their certificates have been renewed or nonrenewed within 90 days of receipt of the recommendations, unless a certificate holder has appealed a regional superintendent of schools' recommendation of nonrenewal, as provided in paragraph (2) of this subsection (h). The State Teacher Certification Board shall verify that the certificate holder has met the renewal criteria set forth in paragraph (1) of subsection (g) of this Section. (2) Each certificate holder shall have the right to appeal a regional superintendent of school's recommendation to nonrenew his or her Standard Teaching Certificate to the State Teacher Certification Board, within 14 days of receipt of notice that the decision has been sent to the State Teacher Certification Board, which shall hold an
33 [May 9, 2002] appeal hearing within 60 days of receipt of the appeal. When such an appeal is taken, the certificate holder's Standard Teaching Certificate shall continue to be valid until the appeal is finally determined. The State Teacher Certification Board shall review the regional superintendent of school's recommendation, the regional professional development review committee's recommendation, if any, and the local professional development committee's recommendation and all relevant documentation to verify whether the certificate holder has met the renewal criteria set forth in paragraph (1) of subsection (g) of this Section. The State Teacher Certification Board may request that the certificate holder appear before it. All actions taken by the State Teacher Certification Board shall require a quorum and be by a simple majority of those present and voting. A record of all votes shall be maintained. The State Teacher Certification Board shall notify the certificate holder in writing, within 7 days of completing the review, whether his or her Standard Teaching Certificate has been renewed or nonrenewed, provided that if the State Teacher Certification Board determines to nonrenew a certificate, the written notice provided to the certificate holder shall be by certified mail, return receipt requested. All certificate renewal or nonrenewal decisions of the State Teacher Certification Board are final and subject to administrative review, as set forth in Section 21-24 of this Code. (i) Holders of Master Teaching Certificates shall meet the same requirements and follow the same procedures as holders of Standard Teaching Certificates, except that their renewal cycle shall be as set forth in subsection (d) of Section 21-2 of this Code. (j) Holders of Valid and Exempt Standard and Master Teaching Certificates who are not employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, in a certificated teaching position, may voluntarily activate their certificates by developing and submitting a certificate renewal plan to the regional superintendent of schools of the regional office of education for the geographic area where their teaching is done, who, or whose designee, shall approve the plan and serve as the certificate holder's local professional development committee. These certificate holders shall follow the same renewal criteria and procedures as all other Standard and Master Teaching Certificate holders, except that their continuing professional development plans shall not be required to reflect or address the knowledge, skills, and goals of a local school improvement plan. (k) Each school district, charter school, or cooperative or joint agreement shall be paid an annual amount of not less than $1,000, as determined by a formula based on the number of Standard Teaching and Master Teaching Certificate holders, subject to renewal and established by rule, not to exceed $1,000,000 annually for all school districts, charter schools, and cooperatives or joint agreements, for administrative costs associated with conducting the meetings of the local professional development committee, as determined in consultation with the committee. Each regional office of education shall receive $2,000 annually to pay school districts, charter schools, or cooperatives or joint agreements for costs, as defined by rule, incurred in staff attendance at regional professional development review committee meetings and the training seminar required under paragraph (2) of subsection (g) of this Section. (l) The State Board of Education and the State Teacher Certification Board shall jointly contract with an independent party to conduct a comprehensive evaluation of the certificate renewal system pursuant to this Section. The first report of this evaluation shall be presented to the General Assembly on January 1, 2005 and on January 1 of every third year thereafter. (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff. 1-26-99; 91-102, eff. 7-12-99.) (Text of Section after amendment by P.A. 92-510) Sec. 21-14. Registration and renewal of certificates. (a) A limited four-year certificate or a certificate issued after
[May 9, 2002] 34 July 1, 1955, shall be renewable at its expiration or within 60 days thereafter by the county superintendent of schools having supervision and control over the school where the teacher is teaching upon certified evidence of meeting the requirements for renewal as required by this Act and prescribed by the State Board of Education in consultation with the State Teacher Certification Board. An elementary supervisory certificate shall not be renewed at the end of the first four-year period covered by the certificate unless the holder thereof has filed certified evidence with the State Teacher Certification Board that he has a master's degree or that he has earned 8 semester hours of credit in the field of educational administration and supervision in a recognized institution of higher learning. The holder shall continue to earn 8 semester hours of credit each four-year period until such time as he has earned a master's degree. All certificates not renewed or registered as herein provided shall lapse after a period of 5 years from the expiration of the last year of registration. Such certificates may be reinstated for a one year period upon payment of all accumulated registration fees. Such reinstated certificates shall only be renewed: (1) by earning 5 semester hours of credit in a recognized institution of higher learning in the field of professional education or in courses related to the holder's contractual teaching duties; or (2) by presenting evidence of holding a valid regular certificate of some other type. Any certificate may be voluntarily surrendered by the certificate holder. A voluntarily surrendered certificate shall be treated as a revoked certificate. (b) When those teaching certificates issued before February 15, 2000 are renewed for the first time after February 15, 2000, all such teaching certificates shall be exchanged for Standard Teaching Certificates as provided in subsection (c) of Section 21-2. All Initial and Standard Teaching Certificates, including those issued to persons who previously held teaching certificates issued before February 15, 2000, shall be renewable under the conditions set forth in this subsection (b). Initial Teaching Certificates are nonrenewable and are valid for 4 years of teaching. Standard Teaching Certificates are renewable every 5 years as provided in subsection (c) of Section 21-2 and subsection (c) of this Section. For purposes of this Section, "teaching" is defined as employment and performance of services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, in a certificated teaching position, or a charter school operating in compliance with the Charter Schools Law. (c) In compliance with subsection (c) of Section 21-2 of this Code, which provides that a Standard Teaching Certificate may be renewed by the State Teacher Certification Board based upon proof of continuing professional development, the State Board of Education and the State Teacher Certification Board shall jointly: (1) establish a procedure for renewing Standard Teaching Certificates, which shall include but not be limited to annual timelines for the renewal process and the components set forth in subsections (d) through (k) of this Section; (2) establish the standards for certificate renewal; (3) approve the providers of continuing professional development activities; (4) determine the maximum credit for each category of continuing professional development activities, based upon recommendations submitted by a continuing professional development activity task force, which shall consist of 6 staff members from the State Board of Education, appointed by the State Superintendent of Education, and 6 teacher representatives, 3 of whom are selected by the Illinois Education Association and 3 of whom are selected by the Illinois Federation of Teachers; (5) designate the type and amount of documentation required to show that continuing professional development activities have been completed; and
35 [May 9, 2002] (6) provide, on a timely basis to all Illinois teachers, certificate holders, regional superintendents of schools, school districts, and others with an interest in continuing professional development, information about the standards and requirements established pursuant to this subsection (c). (d) Any Standard Teaching Certificate held by an individual employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control in a certificated teaching position or a charter school in compliance with the Charter Schools Law must be maintained Valid and Active through certificate renewal activities specified in the certificate renewal procedure established pursuant to subsection (c) of this Section, provided that a holder of a Valid and Active certificate who is only employed on either a part-time basis or day-to-day basis as a substitute teacher shall pay only the required registration fee to renew his or her certificate and maintain it as Valid and Active. All other Standard Teaching Certificates held may be maintained as Valid and Exempt through the registration process provided for in the certificate renewal procedure established pursuant to subsection (c) of this Section. A Valid and Exempt certificate must be immediately activated, through procedures developed jointly by the State Board of Education and the State Teacher Certification Board, upon the certificate holder becoming employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control in a certificated teaching position or a charter school operating in compliance with the Charter Schools Law. A holder of a Valid and Exempt certificate may activate his or her certificate through procedures provided for in the certificate renewal procedure established pursuant to subsection (c) of this Section. (e)(1) A Standard Teaching Certificate that has been maintained as Valid and Active for the 5 years of the certificate's validity shall be renewed as Valid and Active upon the certificate holder: (i) completing an advanced degree from an approved institution in an education-related field; (ii) completing at least 8 semester hours of coursework as described in subdivision (B)
[May 9, 2002] 36 her certificated teaching position, if the certificate holder is employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, or that certificate or those certificates most closely related to his or her teaching position, if the certificate holder is employed in a charter school. Except as otherwise provided in this subsection (e), a certificate renewal plan shall include a minimum of 3 individual improvement goals developed by the certificate holder and shall reflect purposes (A), (B), and (C) and may reflect purpose (D) of the following continuing professional development purposes: (A) Advance both the certificate holder's knowledge and skills as a teacher consistent with the Illinois Professional Teaching Standards and the Illinois Content Area Standards in the certificate holder's areas of certification, endorsement, or teaching assignment in order to keep the certificate holder current in those areas. (B) Develop the certificate holder's knowledge and skills in areas determined to be critical for all Illinois teachers, as defined by the State Board of Education, known as "State priorities". (C) Address the knowledge, skills, and goals of the certificate holder's local school improvement plan, if the teacher is employed in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control. (D) Expand the certificate holder's knowledge and skills in an additional teaching field or toward the acquisition of another teaching certificate, endorsement, or relevant education degree. A certificate renewal plan must include a description of how these goals are to be achieved and an explanation of selected continuing professional development activities to be completed, each of which must meet one or more of the continuing professional development purposes specified in this paragraph (2). The plan shall identify potential activities and include projected timelines for those activities that will assure completion of the plan before the expiration of the 5-year validity of the Standard Teaching Certificate. Except as otherwise provided in this subsection (e), at least 50% of continuing professional development units must relate to purposes (A) and (B) set forth in this paragraph (2): the advancement of a certificate holder's knowledge and skills as a teacher consistent with the Illinois Professional Teaching Standards and the Illinois Content Area Standards in the certificate holder's areas of certification, endorsement, or teaching assignment in order to keep the certificate holder current in those areas and the development of a certificate holder's knowledge and skills in the State priorities that exist at the time the certificate renewal plan is developed. A speech-language pathologist or audiologist who is licensed under the Illinois Speech-Language Pathology and Audiology Practice Act and who has met the continuing education requirements of that Act and the rules promulgated under that Act shall be deemed to have satisfied the continuing professional development requirements established by the State Board of Education and the Teacher Certification Board to renew a Standard Certificate. (3) Continuing professional development activities included in a certificate renewal plan may include, but are not limited to, the following activities: (A) completion of an advanced degree from an approved institution in an education-related field; (B)
37 [May 9, 2002] purposes set forth in paragraph (2) of this subsection (e); (C)
[May 9, 2002] 38 seminars, conferences, institutes, and symposiums; (iii) training as external reviewers for Quality Assurance; or (iv) training as reviewers of university teacher preparation programs; (I)
39 [May 9, 2002] renewal plan must submit the proposed modifications to his or her local professional development committee for approval prior to engaging in the proposed activities. If the local professional development committee does not approve the proposed modification, the certificate holder may appeal that determination to the regional professional development review committee, as set forth in paragraph (4) of this subsection (e). (6) When a certificate holder changes assignments or school districts during the course of completing a certificate renewal plan, the professional development and continuing education credit earned pursuant to the plan shall transfer to the new assignment or school district and count toward the total requirements. This certificate renewal plan must be reviewed by the appropriate local professional development committee and may be modified to reflect the certificate holder's new work assignment or the school improvement plan of the new school district or school building. (f) Notwithstanding any other provisions of this Code, each school district, charter school, and cooperative or joint agreement with a governing body or board of control that employs certificated staff, shall establish and implement, in conjunction with its exclusive representative, if any, one or more local professional development committees, as set forth in this subsection (f), which shall perform the following functions: (1) review and approve certificate renewal plans and any modifications made to these plans, including transferred plans; (2) maintain a file of approved certificate renewal plans; (3) monitor certificate holders' progress in completing approved certificate renewal plans, provided that a local professional development committee shall not be required to maintain materials submitted by certificate holders to demonstrate their progress in completing their certificate renewal plans after the committee has reviewed the materials and the credits have been awarded; (4) assist in the development of professional development plans based upon needs identified in certificate renewal plans; (5) determine whether certificate holders have met the requirements of their certificate renewal plans and notify certificate holders of its determination; (6) provide a certificate holder with the opportunity to address the committee when it has determined that the certificate holder has not met the requirements of his or her certificate renewal plan; (7) issue and forward recommendations for renewal or nonrenewal of certificate holders' Standard Teaching Certificates to the appropriate regional superintendent of schools, based upon whether certificate holders have met the requirements of their approved certificate renewal plans, with 30-day written notice of its recommendation provided to the certificate holder prior to forwarding the recommendation to the regional superintendent of schools, provided that if the local professional development committee's recommendation is for certificate nonrenewal, the written notice provided to the certificate holder shall include a return receipt; and (8) reconsider its recommendation of certificate nonrenewal, upon request of the certificate holder within 30 days of receipt of written notification that the local professional development committee will make such a recommendation, and forward to the regional superintendent of schools its recommendation within 30 days of receipt of the certificate holder's request. Each local professional development committee shall consist of at least 3 classroom teachers; one superintendent or chief administrator of the school district, charter school, or cooperative or joint agreement or his or her designee; and one at-large member who shall be either (i) a parent, (ii) a member of the business community, (iii) a community member, or (iv) an administrator, with preference given to an individual chosen from among those persons listed in items (i), (ii),
[May 9, 2002] 40 and (iii) in order to secure representation of an interest not already represented on the committee. Except in a school district in a city having a population exceeding 500,000, a local professional development committee shall be responsible for no more than 200 certificate renewal plans annually unless otherwise mutually agreed upon by the school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any. If mutually agreed upon by the school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any, additional members may be added to a local professional development committee, provided that a majority of members are classroom teachers. Except in a school district in a city having a population exceeding 500,000, if additional members are added to a local professional development committee, the maximum number of certificate renewal plans for which the committee shall annually be responsible may be increased by 50 plans for each additional member, unless otherwise mutually agreed upon by the school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any. The school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any, shall determine the term of service of the members of a local professional development committee. All individuals selected to serve on local professional development committees must be known to demonstrate the best practices in teaching or their respective field of practice. The exclusive representative, if any, shall select the classroom teacher members of the local professional development committee. If no exclusive representative exists, then the classroom teacher members of a local professional development committee shall be selected by the classroom teachers that come within the local professional development committee's authority. The school district, charter school, or governing body or board of control of a cooperative or joint agreement shall select the 2 non-classroom teacher members (the superintendent or chief administrator of the school district, charter school, or cooperative or joint agreement or his or her designee and the at-large member) of a local professional development committee. Vacancies in positions on a local professional development committee shall be filled in the same manner as the original selections. The members of a local professional development committee shall select a chairperson. Local professional development committee meetings shall be scheduled so as not to interfere with committee members' regularly scheduled teaching duties, except when otherwise permitted by the policies of or agreed to or approved by the school district, charter school, or governing body or board of control of a cooperative or joint agreement, or its designee. The board of education or governing board shall convene the first meeting of the local professional development committee. All actions taken by the local professional development committee shall require that a majority of committee members be present, and no committee action may be taken unless 50% or more of those present are teacher members. The State Board of Education and the State Teacher Certification Board shall jointly provide local professional development committee members with a training manual, and the members shall certify that they have received and read the manual. Notwithstanding any other provisions of this subsection (f), for a teacher employed and performing services in a nonpublic or State-operated elementary or secondary school, all references to a local professional development committee shall mean the regional superintendent of schools of the regional office of education for the geographic area where the teaching is done. (g)(1) Each regional superintendent of schools shall review and concur or nonconcur with each recommendation for renewal or nonrenewal of a Standard Teaching Certificate he or she receives from a local professional development committee or, if a certificate holder appeals
41 [May 9, 2002] the recommendation to the regional professional development review committee, the recommendation for renewal or nonrenewal he or she receives from a regional professional development review committee and, within 14 days of receipt of the recommendation, shall provide the State Teacher Certification Board with verification of the following, if applicable: (A) a certificate renewal plan was filed and approved by the appropriate local professional development committee; (B) the professional development and continuing education activities set forth in the approved certificate renewal plan have been satisfactorily completed; (C) the local professional development committee has recommended the renewal of the certificate holder's Standard Teaching Certificate and forwarded the recommendation, along with all supporting documentation as jointly required by the State Board of Education and the State Teacher Certification Board, to the regional superintendent of schools; (D) the certificate holder has appealed his or her local professional development committee's recommendation of nonrenewal to the regional professional development review committee and the result of that appeal; (E) the regional superintendent of schools has concurred or nonconcurred with the local professional development committee's or regional professional development review committee's recommendation to renew or nonrenew the certificate holder's Standard Teaching Certificate and made a recommendation to that effect; and (F) the established registration fee for the Standard Teaching Certificate has been paid. At the same time the regional superintendent of schools provides the State Teacher Certification Board with the notice required by this subsection (g), he or she shall also notify the certificate holder in writing that this notice has been provided to the State Teacher Certification Board, provided that if the notice provided by the regional superintendent of schools to the State Teacher Certification Board includes a recommendation of certificate nonrenewal, the written notice provided to the certificate holder shall be by certified mail, return receipt requested. (2) Each certificate holder shall have the right to appeal his or her local professional development committee's recommendation of nonrenewal to the regional professional development review committee, within 14 days of receipt of notice that the recommendation has been sent to the regional superintendent of schools. Each regional superintendent of schools shall establish a regional professional development review committee or committees for the purpose of advising the regional superintendent of schools, upon request, and handling certificate holder appeals. This committee shall consist of at least 4 classroom teachers, one non-administrative certificated educational employee, 2 administrators, and one at-large member who shall be either (i) a parent, (ii) a member of the business community, (iii) a community member, or (iv) an administrator, with preference given to an individual chosen from among those persons listed in items (i), (ii), and (iii) in order to secure representation of an interest not already represented on the committee. The teacher and non-administrative certificated educational employee members of the review committee shall be selected by their exclusive representative, if any, and the administrators and at-large member shall be selected by the regional superintendent of schools. A regional superintendent of schools may add additional members to the committee, provided that the same proportion of teachers to administrators and at-large members on the committee is maintained. Any additional teacher and non-administrative certificated educational employee members shall be selected by their exclusive representative, if any. Vacancies in positions on a regional professional development review committee shall be filled in the same manner as the original selections. Committee members shall serve staggered 3-year terms. All individuals selected to serve on regional professional development review committees must be known to demonstrate
[May 9, 2002] 42 the best practices in teaching or their respective field of practice. The exclusive representative responsible for choosing the individuals that serve on a regional professional development review committee shall notify each school district, charter school, or governing body or board of control of a cooperative or joint agreement employing the individuals chosen to serve and provide their names to the appropriate regional superintendent of schools. Regional professional development review committee meetings shall be scheduled so as not to interfere with the committee members' regularly scheduled teaching duties, except when otherwise permitted by the policies of or agreed to or approved by the school district, charter school, or governing body or board of control of a cooperative or joint agreement, or its designee, provided that the school district, charter school, or governing body or board of control shall not unreasonably withhold permission for a committee member to attend regional professional development review committee meetings. In a city having a population exceeding 500,000 that does not have a regional office of education, one or more separate regional professional development review committees shall be established as mutually agreed upon by the board of education of the school district organized under Article 34 of this Code and the exclusive representative. The composition of each committee shall be the same as for a regional professional development review committee, except that members of the committee shall be jointly appointed by the board of education and the exclusive representative. All other provisions of this Section concerning regional professional development review committees shall apply to these committees. The regional professional development review committee may require information in addition to that received from a certificate holder's local professional development committee or request that the certificate holder appear before it, shall either concur or nonconcur with a local professional development committee's recommendation of nonrenewal, and shall forward to the regional superintendent of schools its recommendation of renewal or nonrenewal. All actions taken by the regional professional development review committee shall require a quorum and be by a simple majority of those present and voting. A record of all votes shall be maintained. The committee shall have 45 days from receipt of a certificate holder's appeal to make its recommendation to the regional superintendent of schools. The State Board of Education and the State Teacher Certification Board shall jointly provide regional professional development review committee members with a training manual, and the members shall be required to attend one training seminar sponsored jointly by the State Board of Education and the State Teacher Certification Board. (h)(1) The State Teacher Certification Board shall review the regional superintendent of schools' recommendations to renew or nonrenew Standard Teaching Certificates and notify certificate holders in writing whether their certificates have been renewed or nonrenewed within 90 days of receipt of the recommendations, unless a certificate holder has appealed a regional superintendent of schools' recommendation of nonrenewal, as provided in paragraph (2) of this subsection (h). The State Teacher Certification Board shall verify that the certificate holder has met the renewal criteria set forth in paragraph (1) of subsection (g) of this Section. (2) Each certificate holder shall have the right to appeal a regional superintendent of school's recommendation to nonrenew his or her Standard Teaching Certificate to the State Teacher Certification Board, within 14 days of receipt of notice that the decision has been sent to the State Teacher Certification Board, which shall hold an appeal hearing within 60 days of receipt of the appeal. When such an appeal is taken, the certificate holder's Standard Teaching Certificate shall continue to be valid until the appeal is finally determined. The State Teacher Certification Board shall review the regional superintendent of school's recommendation, the regional professional development review committee's recommendation, if any, and the local professional development committee's recommendation and all relevant
43 [May 9, 2002] documentation to verify whether the certificate holder has met the renewal criteria set forth in paragraph (1) of subsection (g) of this Section. The State Teacher Certification Board may request that the certificate holder appear before it. All actions taken by the State Teacher Certification Board shall require a quorum and be by a simple majority of those present and voting. A record of all votes shall be maintained. The State Teacher Certification Board shall notify the certificate holder in writing, within 7 days of completing the review, whether his or her Standard Teaching Certificate has been renewed or nonrenewed, provided that if the State Teacher Certification Board determines to nonrenew a certificate, the written notice provided to the certificate holder shall be by certified mail, return receipt requested. All certificate renewal or nonrenewal decisions of the State Teacher Certification Board are final and subject to administrative review, as set forth in Section 21-24 of this Code. (i) Holders of Master Teaching Certificates shall meet the same requirements and follow the same procedures as holders of Standard Teaching Certificates, except that their renewal cycle shall be as set forth in subsection (d) of Section 21-2 of this Code. A holder of a teaching certificate endorsed as a speech-language pathologist who has been granted the Certificate of Clinical Competence by the American Speech-Language Hearing Association may renew his or her Standard Teaching Certificate pursuant to the 10-year renewal cycle set forth in subsection (d) of Section 21-2 of this Code. (j) Holders of Valid and Exempt Standard and Master Teaching Certificates who are not employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, in a certificated teaching position, may voluntarily activate their certificates by developing and submitting a certificate renewal plan to the regional superintendent of schools of the regional office of education for the geographic area where their teaching is done, who, or whose designee, shall approve the plan and serve as the certificate holder's local professional development committee. These certificate holders shall follow the same renewal criteria and procedures as all other Standard and Master Teaching Certificate holders, except that their continuing professional development plans shall not be required to reflect or address the knowledge, skills, and goals of a local school improvement plan. (k) Each school district, charter school, or cooperative or joint agreement shall be paid an annual amount of not less than $1,000, as determined by a formula based on the number of Standard Teaching and Master Teaching Certificate holders, subject to renewal and established by rule, not to exceed $1,000,000 annually for all school districts, charter schools, and cooperatives or joint agreements, for administrative costs associated with conducting the meetings of the local professional development committee, as determined in consultation with the committee. Each regional office of education shall receive $2,000 annually to pay school districts, charter schools, or cooperatives or joint agreements for costs, as defined by rule, incurred in staff attendance at regional professional development review committee meetings and the training seminar required under paragraph (2) of subsection (g) of this Section. (l) The State Board of Education and the State Teacher Certification Board shall jointly contract with an independent party to conduct a comprehensive evaluation of the certificate renewal system pursuant to this Section. The first report of this evaluation shall be presented to the General Assembly on January 1, 2005 and on January 1 of every third year thereafter. (Source: P.A. 91-102, eff. 7-12-99; 92-510, eff. 6-1-02.) (105 ILCS 5/21-16) (from Ch. 122, par. 21-16) Sec. 21-16. Fees - Requirement for registration. (a) Until February 15, 2000, every applicant when issued a certificate shall pay to the regional superintendent of schools a fee of $1, which shall be paid into the institute fund. Every certificate issued under the provisions of this Act shall be registered annually
[May 9, 2002] 44 or, at the option of the holder of the certificate, once every 3 years. The regional superintendent of schools having supervision and control over the school where the teaching is done shall register the certificate before the holder begins to teach, otherwise it shall be registered in any county in the State of Illinois; and one fee of $4 per year for registration or renewal of one or more certificates which have been issued to the same holder shall be paid into the institute fund. Until February 15, 2000, requirements for registration of any certificate limited in time shall include evidence of professional growth defined as successful teaching experience since last registration of certificate, attendance at professional meetings, membership in professional organizations, additional credits earned in recognized teacher-training institutions, travel specifically for educational experience, reading of professional books and periodicals, filing all reports as required by the regional superintendent of schools and the State Superintendent of Education or such other professional experience or combination of experiences as are presented by the teacher and are approved by the State Superintendent of Education in consultation with the State Teacher Certification Board. A duplicate certificate may be issued to the holder of a valid life certificate or valid certificate limited in time by the State Superintendent of Education; however, it shall only be issued upon request of a regional superintendent of schools and upon payment to the regional superintendent of schools who requests such duplicate a fee of $4. (b) Beginning February 15, 2000, all persons who are issued Standard Teaching Certificates pursuant to clause (ii) of paragraph (1)
45 [May 9, 2002] certificate or valid certificate limited in time by the State Superintendent of Education; however, it shall only be issued upon request of a regional superintendent of schools and upon payment to the regional superintendent of schools who requests the duplicate a fee of $4, which shall be deposited into the institute fund. (Source: P.A. 91-102, eff. 7-12-99.) 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 (for example, a Section represented by multiple versions), 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 upon becoming law.". AMENDMENT NO. 2. Amend House Bill 1436, AS AMENDED, by inserting immediately after the enacting clause the following: "Section 3. The School Code is amended by changing Sections 21-7.1 and 21-27 as follows: (105 ILCS 5/21-7.1) (from Ch. 122, par. 21-7.1) Sec. 21-7.1. Administrative certificate. (a) After July 1, 1999, an administrative certificate valid for 5 years of supervising and administering in the public common schools (unless changed under subsection (a-5) of this Section) may be issued to persons who have graduated from a regionally accredited institution of higher learning with a master's degree and who have been recommended by a recognized institution of higher learning as having completed a program of preparation for one or more of these endorsements. Such programs of academic and professional preparation required for endorsement shall be administered by the institution in accordance with standards set forth by the State Superintendent of Education in consultation with the State Teacher Certification Board. (a-5) Beginning July 1, 2003, if an administrative certificate holder holds a Standard Teaching Certificate, the validity period of the administrative certificate shall be changed, if necessary, so that the validity period of the administrative certificate coincides with the validity period of the Standard Teaching Certificate. Beginning July 1, 2003, if an administrative certificate holder holds a Master Teaching Certificate, the validity period of the administrative certificate shall be changed so that the validity period of the administrative certificate coincides with the validity period of the Master Teaching Certificate. (b) No administrative certificate shall be issued for the first time after June 30, 1987 and no endorsement provided for by this Section shall be made or affixed to an administrative certificate for the first time after June 30, 1987 unless the person to whom such administrative certificate is to be issued or to whose administrative certificate such endorsement is to be affixed has been required to demonstrate as a part of a program of academic or professional preparation for such certification or endorsement: (i) an understanding of the knowledge called for in establishing productive parent-school relationships and of the procedures fostering the involvement which such relationships demand; and (ii) an understanding of the knowledge required for establishing a high quality school climate and promoting good classroom organization and management, including rules of conduct and instructional procedures appropriate to accomplishing the tasks of schooling; and (iii) a demonstration of the knowledge and skills called for in providing instructional leadership. The standards for demonstrating an understanding of such knowledge shall be set forth by the State Board of Education in consultation with the State Teacher Certification Board, and shall be administered by the recognized institutions of higher learning as part of the programs of academic and professional preparation required for certification and endorsement under this Section. As used in this subsection: "establishing productive parent-school relationships" means the ability to maintain effective communication between parents and school personnel, to
[May 9, 2002] 46 encourage parental involvement in schooling, and to motivate school personnel to engage parents in encouraging student achievement, including the development of programs and policies which serve to accomplish this purpose; and "establishing a high quality school climate" means the ability to promote academic achievement, to maintain discipline, to recognize substance abuse problems among students and utilize appropriate law enforcement and other community resources to address these problems, to support teachers and students in their education endeavors, to establish learning objectives and to provide instructional leadership, including the development of policies and programs which serve to accomplish this purpose; and "providing instructional leadership" means the ability to effectively evaluate school personnel, to possess general communication and interpersonal skills, and to establish and maintain appropriate classroom learning environments. The provisions of this subsection shall not apply to or affect the initial issuance or making on or before June 30, 1987 of any administrative certificate or endorsement provided for under this Section, nor shall such provisions apply to or affect the renewal after June 30, 1987 of any such certificate or endorsement initially issued or made on or before June 30, 1987. (c) Administrative certificates shall be renewed every 5
47 [May 9, 2002] clinical settings and assessment of the levels of student performance in the schools. An administrative certificate renewal plan must include a description of how the improvement goals are to be achieved and an explanation of the selected continuing professional development activities to be completed, each of which must meet one or more of the continuing professional development purposes specified in this paragraph (1). (2) In addition to the requirements in paragraph (1) of this subsection (c-10), the administrative certificate renewal plan must include the following in order for the certificate to be renewed: (A) Participation in continuing professional development activities, which must total a minimum of 100 hours of continuing professional development and which must meet all of the following requirements: (i) The participation must consist of a minimum of 5 activities per validity period of the certificate. (ii) The activities must address the goals in the certificate holder's professional development plan. (iii) The activities must be aligned with the Illinois Professional School Leader Standards. (iv) A portion of the activities must address the certificate holder's school improvement plan at either the district or school level. (v) The participation must include a communication, dissemination, or application component. (vi) There must be documentation of completion of each activity. (B) Participation every year in an Illinois Administrators' Academy course, which participation must total a minimum of 36 continuing professional development hours during the period of the certificate's validity and which must include all of the following: (i) Completion of applicable required coursework, as defined by the State Board of Education. (ii) Completion of a communication, dissemination, or application component. (iii) Documentation of completion of each activity. (3) Each administrator who is subject to the requirements of this subsection (c-10) but who is not serving as a district or regional superintendent, a director of a cooperative program or special education program, or a director of a State-operated school must submit his or her administrative certificate renewal plan for review to the superintendent of the employing school district or to the director of the cooperative or special education program or State-operated school (or to the superintendent's or director's designee). Each district or regional superintendent, director of a cooperative program or special education program, or director of a State-operated school must submit his or her administrative certificate renewal plan for review to a review panel comprised of peers established by the regional superintendent of schools for the geographic area where the certificate holder is employed as an administrator. (4) If the certificate holder's plan does not conform to the requirements of this subsection (c-10), the reviewer or review panel must notify the certificate holder, who must revise the administrative certificate renewal plan. A certificate holder who is not a regional superintendent of schools may appeal that determination to the regional superintendent of schools for the geographic area where the certificate holder is employed as an administrator. A certificate holder who is a regional superintendent of schools may appeal that determination to the State Superintendent of Education. The regional superintendent of schools or the State Superintendent of Education (or the regional superintendent's or State Superintendent's designee) shall facilitate any modification of the plan, if necessary, to make it
[May 9, 2002] 48 acceptable. (5) A certificate holder may modify his or her administrative certificate renewal plan at any time during the validity period of the administrative certificate through the process outlined in paragraphs (3) and (4) of this subsection (c-10). (6) Evidence of completion of the activities in the administrative certificate renewal plan must be submitted to the responsible reviewer or review panel. Before the expiration of the administrative certificate, the certificate holder must request from the responsible reviewer or review panel a signed verification form developed by the State Board of Education confirming that the certificate holder has met the requirements for renewal contained in this Section. A certificate holder who is not a regional superintendent of schools must submit this form to the responsible regional superintendent of schools (or his or her designee) at the time of application for renewal of the certificate. A certificate holder who is a regional superintendent of schools must submit this form for validation to the State Superintendent of Education (or his or her designee) at the time of application for renewal of the certificate. (7) The regional superintendent of schools shall review and validate the verification form for a certificate holder. Based on compliance with all of the requirements for renewal, the regional superintendent of schools shall forward a recommendation for renewal or non-renewal to the State Superintendent of Education and shall notify the certificate holder of the recommendation. The State Superintendent of Education shall review the recommendation to renew or non-renew and shall notify, in writing, the certificate holder of a decision denying renewal of his or her certificate. Any decision regarding non-renewal of an administrative certificate may be appealed to the State Teacher Certification Board. The State Board of Education, in consultation with the State Teacher Certification Board, shall adopt rules to implement this subsection (c-10). The regional superintendent of schools shall monitor the process for renewal of administrative certificates established in this subsection (c-10). (c-15) The State Board of Education, in consultation with the State Teacher Certification Board, shall develop procedures for implementing this Section and shall administer the renewal of administrative certificates. Failure to submit satisfactory evidence of continuing professional education which contributes to promoting the goals of this Section shall result in a loss of administrative certification. (d) Any limited or life supervisory certificate issued prior to July 1, 1968 shall continue to be valid for all administrative and supervisory positions in the public schools for which it is valid as of that date as long as its holder meets the requirements for registration or renewal as set forth in the statutes or until revoked according to law. (e) The administrative or supervisory positions for which the certificate shall be valid shall be determined by one or more of 3 endorsements: general supervisory, general administrative and superintendent. Subject to the provisions of Section 21-1a, endorsements shall be made under conditions set forth in this Section. The State Board of Education shall, in consultation with the State Teacher Certification Board, adopt rules pursuant to the Illinois Administrative Procedure Act, establishing requirements for obtaining administrative certificates where the minimum administrative or supervisory requirements surpass those set forth in this Section. The State Teacher Certification Board shall file with the State Board of Education a written recommendation when considering additional administrative or supervisory requirements. All additional requirements shall be based upon the requisite knowledge necessary to perform those tasks required by the certificate. The State Board of
49 [May 9, 2002] Education shall in consultation with the State Teacher Certification Board, establish standards within its rules which shall include the academic and professional requirements necessary for certification. These standards shall at a minimum contain, but not be limited to, those used by the State Board of Education in determining whether additional knowledge will be required. Additionally, the State Board of Education shall in consultation with the State Teacher Certification Board, establish provisions within its rules whereby any member of the educational community or the public may file a formal written recommendation or inquiry regarding requirements. (1) Until July 1, 2003, the general supervisory endorsement shall be affixed to the administrative certificate of any holder who has at least 16 semester hours of graduate credit in professional education including 8 semester hours of graduate credit in curriculum and research and who has at least 2 years of full-time teaching experience or school service personnel experience in public schools, schools under the supervision of the Department of Corrections, schools under the administration of the Department of Rehabilitation Services, or nonpublic schools meeting the standards established by the State Superintendent of Education or comparable out-of-state recognition standards approved by the State Superintendent of Education. Such endorsement shall be required for supervisors, curriculum directors and for such similar and related positions as determined by the State Superintendent of Education in consultation with the State Teacher Certification Board. (2) The general administrative endorsement shall be affixed to the administrative certificate of any holder who has at least 20 semester hours of graduate credit in educational administration and supervision and who has at least 2 years of full-time teaching experience or school service personnel experience in public schools, schools under the supervision of the Department of Corrections, schools under the administration of the Department of Rehabilitation Services, or nonpublic schools meeting the standards established by the State Superintendent of Education or comparable out-of-state recognition standards approved by the State Superintendent of Education. Such endorsement shall be required for principal, assistant principal, assistant or associate superintendent, junior college dean and for related or similar positions as determined by the State Superintendent of Education in consultation with the State Teacher Certification Board. Notwithstanding any other provisions of this Act, after January 1, 1990 and until January 1, 1991, any teacher employed by a district subject to Article 34 shall be entitled to receive an administrative certificate with a general administrative endorsement affixed thereto if he or she: (i) had at least 3 years of experience as a certified teacher for such district prior to August 1, 1985; (ii) obtained a Master's degree prior to August 1, 1985; (iii) completed at least 20 hours of graduate credit in education courses (including at least 12 hours in educational administration and supervision) prior to September 1, 1987; and (iv) has received a rating of superior for at least each of the last 5 years. Any person who obtains an administrative certificate with a general administrative endorsement affixed thereto under this paragraph shall not be qualified to serve in any administrative position except assistant principal. (3) The chief school business official endorsement shall be affixed to the administrative certificate of any holder who qualifies by having a Master's degree, two years of administrative experience in school business management, and a minimum of 20 semester hours of graduate credit in a program established by the State Superintendent of Education in consultation with the State Teacher Certification Board for the preparation of school business administrators. Such endorsement shall also be affixed to the administrative certificate of any holder who qualifies by having a
[May 9, 2002] 50 Master's Degree in Business Administration, Finance or Accounting from a regionally accredited institution of higher education. After June 30, 1977, such endorsement shall be required for any individual first employed as a chief school business official. (4) The superintendent endorsement shall be affixed to the administrative certificate of any holder who has completed 30 semester hours of graduate credit beyond the master's degree in a program for the preparation of superintendents of schools including 16 semester hours of graduate credit in professional education and who has at least 2 years experience as an administrator or supervisor in the public schools or the State Board of Education or education service regions or in nonpublic schools meeting the standards established by the State Superintendent of Education or comparable out-of-state recognition standards approved by the State Superintendent of Education and holds general supervisory or general administrative endorsement, or who has had 2 years of experience as a supervisor or administrator while holding an all-grade supervisory certificate or a certificate comparable in validity and educational and experience requirements. After June 30, 1968, such endorsement shall be required for a superintendent of schools, except as provided in the second paragraph of this Section and in Section 34-6. Any person appointed to the position of superintendent between the effective date of this Act and June 30, 1993 in a school district organized pursuant to Article 32 with an enrollment of at least 20,000 pupils shall be exempt from the provisions of this paragraph
51 [May 9, 2002] provided during a regular school day or during the total number of days of required service for the school year. (3) An annual incentive equal to $3,000 shall be paid to each teacher who holds a Master Certificate, who is employed as a teacher by a school district, and who agrees, in writing, to provide 60 hours of mentoring during that year to classroom teachers in schools on the Academic Early Warning List or in schools in which 50% or more of the students receive free or reduced price lunches, or both. The school district shall distribute 50% of each annual incentive payment upon completion of 30 hours of the required mentoring and the remaining 50% of the incentive upon completion of the required 60 hours of mentoring. Credit may not be granted by a school district for mentoring or related services provided during a regular school day or during the total number of days of required service for the school year. Each regional superintendent of schools shall provide information about the Master Certificate Program of the National Board for Professional Teaching Standards (NBPTS) and this amendatory Act of the 91st General Assembly to each individual seeking to register or renew a certificate under Section 21-14 of this Code. (Source: P.A. 91-606, eff. 8-16-99.)"; and by replacing Section 99 with the following: "Section 99. Effective date. This Act takes effect upon becoming law, except that Section 3 takes effect on July 1, 2002.". AMENDMENT NO. 3. Amend House Bill 1436, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, as follows: on page 4, line 19, after "2003,", by inserting "except as otherwise provided in subsection (c-15) of this Section,"; and on page 9, immediately below line 2, by inserting the following: "(c-15) This subsection (c-15) applies to the first period of an administrative certificate's validity during which the holder becomes subject to the requirements of subsection (c-10) of this Section if the certificate has less than 5 years' validity or has less than 5 years' validity remaining when the certificate holder becomes subject to the requirements of subsection (c-10) of this Section. With respect to this period, the 100 hours of continuing professional development and 5 activities per validity period specified in clause (A) of paragraph (2) of subsection (c-10) of this Section shall instead be deemed to mean 20 hours of continuing professional development and one activity per year of the certificate's validity or remaining validity and the 36 continuing professional development hours specified in clause (B) of paragraph (2) of subsection (c-10) of this Section shall instead be deemed to mean completion of at least one course per year of the certificate's validity or remaining validity. If the certificate has 3 or fewer years of validity or 3 or fewer years of validity remaining, the certificate holder is not subject to the requirements for submission and approval of plans for continuing professional development described in paragraphs (1) through (4) of subsection (c-10) of this Section with respect to that period of the certificate's validity."; and on page 9, by replacing "(c-15)" with "(c-20)". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1436 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1889
[May 9, 2002] 52 A bill for AN ACT concerning insurance coverage. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1889. Senate Amendment No. 2 to HOUSE BILL NO. 1889. Senate Amendment No. 4 to HOUSE BILL NO. 1889. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1889 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Insurance Code is amended by adding Section 356z.2 as follows: (215 ILCS 5/356z.2 new) Sec. 356z.2 Coverage of medical services ancillary to dental services for the disabled.". AMENDMENT NO. 2. Amend House Bill 1889, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The State Employees Group Insurance Act of 1971 is amended by changing Section 6.11 as follows: (5 ILCS 375/6.11) Sec. 6.11. Required health benefits; Illinois Insurance Code requirements. The program of health benefits shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t of the Illinois Insurance Code. The program of health benefits shall provide the coverage required under Sections 356u, 356w,
53 [May 9, 2002] (B) eating; (C) receptive and expressive language; (D) learning; (E) mobility; (F) capacity for independent living; or (G) economic self-sufficiency. (c) The coverage required under this Section may be subject to any limitations, exclusions, or cost-sharing provisions that apply generally under the insurance policy. (d) This Section does not apply to a policy that covers only dental care. (e) Nothing in this Section requires that the dental services be covered. (f) The provisions of this Section do not apply to short-term travel, accident-only, limited, or specified disease policies, nor to policies or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as Medicare, or any other similar coverage under State or federal governmental plans. Section 15. The Health Maintenance Organization Act is amended by changing Section 5-3 as follows: (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) Sec. 5-3. Insurance Code provisions. (a) Health Maintenance Organizations shall be subject to the provisions of Sections 133, 134, 137, 140, 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 356y, 356z.2, 367i, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code. (b) For purposes of the Illinois Insurance Code, except for Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health Maintenance Organizations in the following categories are deemed to be "domestic companies": (1) a corporation authorized under the Dental Service Plan Act or the Voluntary Health Services Plans Act; (2) a corporation organized under the laws of this State; or (3) a corporation organized under the laws of another state, 30% or more of the enrollees of which are residents of this State, except a corporation subject to substantially the same requirements in its state of organization as is a "domestic company" under Article VIII 1/2 of the Illinois Insurance Code. (c) In considering the merger, consolidation, or other acquisition of control of a Health Maintenance Organization pursuant to Article VIII 1/2 of the Illinois Insurance Code, (1) the Director shall give primary consideration to the continuation of benefits to enrollees and the financial conditions of the acquired Health Maintenance Organization after the merger, consolidation, or other acquisition of control takes effect; (2)(i) the criteria specified in subsection (1)(b) of Section 131.8 of the Illinois Insurance Code shall not apply and (ii) the Director, in making his determination with respect to the merger, consolidation, or other acquisition of control, need not take into account the effect on competition of the merger, consolidation, or other acquisition of control; (3) the Director shall have the power to require the following information: (A) certification by an independent actuary of the adequacy of the reserves of the Health Maintenance Organization sought to be acquired; (B) pro forma financial statements reflecting the combined balance sheets of the acquiring company and the Health Maintenance Organization sought to be acquired as of the end of the preceding year and as of a date 90 days prior to the acquisition, as well as pro forma financial statements reflecting projected combined operation for a period of 2
[May 9, 2002] 54 years; (C) a pro forma business plan detailing an acquiring party's plans with respect to the operation of the Health Maintenance Organization sought to be acquired for a period of not less than 3 years; and (D) such other information as the Director shall require. (d) The provisions of Article VIII 1/2 of the Illinois Insurance Code and this Section 5-3 shall apply to the sale by any health maintenance organization of greater than 10% of its enrollee population (including without limitation the health maintenance organization's right, title, and interest in and to its health care certificates). (e) In considering any management contract or service agreement subject to Section 141.1 of the Illinois Insurance Code, the Director (i) shall, in addition to the criteria specified in Section 141.2 of the Illinois Insurance Code, take into account the effect of the management contract or service agreement on the continuation of benefits to enrollees and the financial condition of the health maintenance organization to be managed or serviced, and (ii) need not take into account the effect of the management contract or service agreement on competition. (f) Except for small employer groups as defined in the Small Employer Rating, Renewability and Portability Health Insurance Act and except for medicare supplement policies as defined in Section 363 of the Illinois Insurance Code, a Health Maintenance Organization may by contract agree with a group or other enrollment unit to effect refunds or charge additional premiums under the following terms and conditions: (i) the amount of, and other terms and conditions with respect to, the refund or additional premium are set forth in the group or enrollment unit contract agreed in advance of the period for which a refund is to be paid or additional premium is to be charged (which period shall not be less than one year); and (ii) the amount of the refund or additional premium shall not exceed 20% of the Health Maintenance Organization's profitable or unprofitable experience with respect to the group or other enrollment unit for the period (and, for purposes of a refund or additional premium, the profitable or unprofitable experience shall be calculated taking into account a pro rata share of the Health Maintenance Organization's administrative and marketing expenses, but shall not include any refund to be made or additional premium to be paid pursuant to this subsection (f)). The Health Maintenance Organization and the group or enrollment unit may agree that the profitable or unprofitable experience may be calculated taking into account the refund period and the immediately preceding 2 plan years. The Health Maintenance Organization shall include a statement in the evidence of coverage issued to each enrollee describing the possibility of a refund or additional premium, and upon request of any group or enrollment unit, provide to the group or enrollment unit a description of the method used to calculate (1) the Health Maintenance Organization's profitable experience with respect to the group or enrollment unit and the resulting refund to the group or enrollment unit or (2) the Health Maintenance Organization's unprofitable experience with respect to the group or enrollment unit and the resulting additional premium to be paid by the group or enrollment unit. In no event shall the Illinois Health Maintenance Organization Guaranty Association be liable to pay any contractual obligation of an insolvent organization to pay any refund authorized under this Section. (Source: P.A. 90-25, eff. 1-1-98; 90-177, eff. 7-23-97; 90-372, eff. 7-1-98; 90-583, eff. 5-29-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99; 91-357, eff. 7-29-99; 91-406, eff. 1-1-00; 91-549, eff. 8-14-99; 91-605, eff. 12-14-99; 91-788, eff. 6-9-00.) Section 20. The Voluntary Health Services Plans Act is amended by changing Section 10 as follows: (215 ILCS 165/10) (from Ch. 32, par. 604)
55 [May 9, 2002] Sec. 10. Application of Insurance Code provisions. Health services plan corporations and all persons interested therein or dealing therewith shall be subject to the provisions of Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c, 149, 155.37, 354, 355.2, 356r, 356t, 356u, 356v, 356w, 356x, 356y, 356z.1, 356z.2, 367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of Section 367 of the Illinois Insurance Code. (Source: P.A. 91-406, eff. 1-1-00; 91-549, eff. 8-14-99; 91-605, eff. 12-14-99; 91-788, eff. 6-9-00; 92-130, eff. 7-20-01; 92-440, eff. 8-17-01; revised 9-12-01.)". AMENDMENT NO. 4. Amend House Bill 1889, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, on page 2 by replacing lines 29 through 34 with the following: "(B) receptive and expressive language; (C) learning; (D) mobility; (E) capacity for independent living; or (F) economic self-sufficiency.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 4 to HOUSE BILL 1889 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1975 A bill for AN ACT concerning taxes. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1975. Senate Amendment No. 2 to HOUSE BILL NO. 1975. Senate Amendment No. 3 to HOUSE BILL NO. 1975. Senate Amendment No. 4 to HOUSE BILL NO. 1975. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1975 as follows: on page 2, by replacing lines 1 and 2 with the following: "which the taxes are imposed until the taxes are paid or until a court order transfers ownership of the mobile home."; and on page 2, by replacing line 7 with the following: "forfeited to the State and there is not an open scavenger buy. The mobile home may be sold under"; and on page 4, by replacing line 27 with the following: "the mobile home dangerous or hazardous, when the mobile home is in violation of mobile home park rules and regulations, when taxes on the"; and on page 5, by replacing line 27 with the following: "title to the mobile home and upon acquisition of the certificate of
[May 9, 2002] 56 title may manage and operate the"; and on page 6, by replacing line 4 with the following: "notice. The notice shall list the street or common address, and the mobile home park where the mobile home is sited,"; and on page 9, by replacing line 1 with the following: "owners, and the street, common address, and mobile home park where the mobile home is sited, if known, the vehicle identification number, the"; and on page 13, by replacing line 28 with the following: "The record shall set forth the name of the owner and the street, common address, and mobile home park where the mobile home is sited, if"; and by replacing line 26 on page 20 through line 17 on page 21 with the following: "inhabitants, only the published taxes, interest, and costs as advertised in the sale shall be required to be paid forthwith. The purchaser"; and on page 34, by replacing line 27 with the following: "Local Services Tax Act. Mobile home park owners are not deemed to have an ownership interest as defined in this Section."; and on page 57, by replacing lines 17 and 18 with the following: "provided in Sections 375 and 380 by a special process server."; and on page 59, by replacing line 12 with the following: "If the mobile home sold is abandoned or if any mobile home park owner,"; and on page 64, by replacing line 28 with the following: "Section 380. In addition, the notice shall be served by a process server or"; and by replacing line 33 on page 64 through line 4 on page 65 with the following: "In counties of 3,000,000 or more inhabitants where the petitioner is a petitioner for tax certificate of title pursuant to Section 35, in lieu of service by the sheriff or coroner, the notice may be served by a process server."; and on page 72, by replacing lines 6 through 16 with the following: "Section 402. Mobile homes located in manufactured home community; requirements. The person who has a certificate of purchase and obtains a court order directing the issuance of a tax certificate of title under Section 400 for a mobile home located on a lot in a manufactured home community is liable for lot rent (at the prevailing rate) beginning on the date of the entry of the court order and shall either (i) qualify for tenancy in the manufactured home community in accordance with the community's normal tenant qualification and screening procedures or (ii) remove the mobile home from the lot no later than 30 days after the date of the entry of the court order."; and on page 79, line 7, by replacing "2002" with "2003"; and on page 79, line 10, by replacing "2002" with "2003"; and on page 79, by replacing line 15 with the following: "the tax bill to the address of record. The first tax bill mailed for taxable year 2003 shall include the following notice: "The manner in which delinquent taxes on mobile homes are collected has been changed by the enactment of the Mobile Home Local Services Tax Enforcement Act. Failure to pay this tax can result in a penalty of $25 per month." The county treasurer"; and on page 81, line 5, by replacing "2002" with "2003"; and on page 81, line 10, by replacing "2002" with "2003"; and on page 81, by replacing line 13 with the following: "shall be required to pay a penalty of $25 per month, or any portion thereof, not to exceed $100. If such failure"; and on page 105, line 2, by replacing "2002" with "2003". AMENDMENT NO. 2. Amend House Bill 1975 on page 59, in lines 15 and 16, by deleting the following: "or mobile home park rules and regulations,".
57 [May 9, 2002] AMENDMENT NO. 3. Amend House Bill 1975, AS AMENDED, with reference to the page and line numbers of Senate Amendment #1, on page 1, by replacing lines 11 and 12 with the following: " "the mobile home dangerous or hazardous,". AMENDMENT NO. 4. Amend House Bill 1975, AS AMENDED, in Section 55, by deleting "When the mobile home is in a city with more than 1,000,000 inhabitants, the advertisement may be in any newspaper published in the same county."; and in Section 90, in the sentence beginning "At the same time", by replacing "it is mandatory for the collector in counties with 3,000,000 or more inhabitants, and in other counties if the county board so orders by resolution, to" with "the collector, if the county board so orders by resolution, must "; and in Section 95, by deleting "In the 10 years next following the completion of a general reassessment of property in any county with 3,000,000 or more inhabitants, made under an order of the Department, applications for judgment and order of sale shall be made as soon as may be and on the day specified in the advertisement required by Sections 55 and 60. If for any cause the court is not held on the day specified, the cause shall stand continued, and it shall be unnecessary to re-advertise the list or notice."; and in Section 105, by deleting ", or in counties with 3,000,000 or more inhabitants, the taxes, interest, and costs due,"; and in Section 145, by deleting "However, in any county with 3,000,000 or more inhabitants, the offer for sale shall be made between 8:00 a.m. and 8:00 p.m."; and in Section 155, by replacing "Section 155. Letter of credit or bond in counties of 3,000,000 or more; registration in other counties. In counties with 3,000,000 or more inhabitants, no person shall make an offer to pay the amount due on any mobile home and the collector shall not accept or acknowledge an offer from any person who has not deposited with the collector, not less than 10 days prior to making such offer, an irrevocable and unconditional letter of credit or such other unconditional bond payable to the order of the collector in an amount not less than 1.5 times the amount of any tax due upon the mobile home. The collector may without notice draw upon the letter of credit or bond in the event payment of the amount due together with interest and costs thereon is not made forthwith by the person purchasing any mobile home. At all times during the sale, any person making an offer or offers to pay the amount or amounts due on any mobile homes shall maintain the letter of credit or bond with the collector in an amount not less than 1.5 times the amount due on the mobile homes which he or she has purchased and for which he or she has not paid." with "Section 155. Registration."; and in Section 175, by deleting "In counties with 3,000,000 or more inhabitants, only the published taxes, interest, and costs as advertised in the sale shall be required to be paid forthwith."; and in Section 180, in the sentence beginning "The county collector", by deleting "in all counties"; and in Section 210, in the sentence that begins "The collector may charge", by deleting "and not more than $100 in counties of 3,000,000 or more inhabitants"; and in Section 215, in the sentence that begins, "The schedule or schedules shall", by deleting "and $20 in counties with 3,000,000 or more inhabitants"; and in Section 240, in subsection (a), in the sentence that begins "The county board in each", by deleting ", and not greater than $2,000,000 in counties with 3,000,000 or more inhabitants"; and by replacing Section 270 with the following: "Section 270. Orders for payment of interest. The county treasurer may determine in his or her discretion whether payment of interest and costs shall be made as provided in Section 275, 280, or 285. If the treasurer determines not to make payment as provided in those Sections, the treasurer shall pay any interest or costs awarded under this Section pro rata from those accounts where the principal refund of the
[May 9, 2002] 58 tax sale purchase price under Section 275 is taken."; and in Section 275, by deleting "Each person purchasing any mobile home at a sale held under this Act in a county with 3,000,000 or more inhabitants shall pay to the county collector, prior to the issuance of any certificate of purchase, a fee of $15 for each item purchased."; and in Section 335, by deleting "However, when a certificate of purchase has been recorded in the office of the county recorder by any city, incorporated town, or village with 1,000,000 or more inhabitants in which the mobile home is situated, the recording of a certificate by the county clerk, reciting the cancellation of the certificate of purchase on the tax judgment, sale, redemption and forfeiture record, shall operate as a release of the lien of the city, incorporated town, or village under the certificate of purchase."; and in Section 345, by deleting "In counties with 3,000,000 or more inhabitants, if an order is entered setting aside a redemption made within the time allowed by law after a petition for tax certificate of title has been filed, the holder of the certificate of purchase shall mail a copy of the order within 7 days of entry of the order by registered or certified mail to the county clerk, to the person who made the redemption, and to all parties entitled to notice of the petition under Section 370, 375, or 385."; and in Section 370, by deleting the last sentence, which reads "In counties with 3,000,000 or more inhabitants, the notice shall also state the address, room number and time at which the matter is set for hearing."; and in Section 375, in the paragraph beginning "In counties of 3,000,000", by deleting "In counties of 3,000,000 or more inhabitants where the petitioner is a petitioner for tax certificate of title pursuant to Section 35, in lieu of service by the sheriff or coroner, the notice may be served by a process server. The taxing district may move prior to filing one or more petitions for tax certificate of title for appointment of such a special process server. The court, upon being satisfied that the person named in the motion is at least 18 years of age and is capable of serving notice as required under this Act, shall enter an order appointing such person as a special process server for a period of one year. The appointment may be renewed for successive periods of one year each by motion and order, and a copy of the original and any subsequent order shall be filed in each tax certificate of title case in which a notice is served by the appointed person. Delivery of the notice to and service of the notice by the special process server shall have the same force and effect as its delivery to and service by the sheriff or coroner."; and in Section 380, in the paragraph beginning, "If the mobile home is located", in the sentence beginning "If the mobile home is not in a municipality", by deleting "or if the mobile home is in a county with 3,000,000 or more inhabitants,"; and in Section 405, in the paragraph beginning "In cases of the sale of a mobile home in counties with 3,000,000", by deleting "In cases of the sale of a mobile home in counties with 3,000,000 or more inhabitants, a tax certificate of title may also be voided by the court upon petition, filed not more than 3 months after an order for tax certificate of title was entered, if the court finds that the mobile home was owner occupied on the expiration date of the period of redemption and that the order for certificate of title was effectuated pursuant to a negligent or willful error made by an employee of the county clerk or county collector during the period of redemption from the sale that was reasonably relied upon to the detriment of any person having a redeemable interest. In such a case, the tax purchaser shall be entitled to the original amount required to redeem the mobile home plus interest from the sale as of the last date of redemption together with costs actually expended subsequent to the expiration of the period of redemption and reasonable attorney's fees, all of which shall be dispensed from the fund created by Section 235. In those cases of error where the court vacates the tax certificate of title, it may award the petitioner reasonable attorney's fees and court costs actually
59 [May 9, 2002] expended, payable from that fund."; and in Section 405, in the last sentence, by replacing "Act" with "Code". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2, 3 and 4 to HOUSE BILL 1975 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3212 A bill for AN ACT concerning technology. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3212. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3212 by replacing the title with the following: "AN ACT concerning the State Treasurer."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Technology Development Act. Section 5. Policy. The Illinois General Assembly finds that it is important for the State to encourage technology development in the State. The purpose of this Act is to attract, assist, and retain quality technology businesses in Illinois. The creation of the Technology Development Account will allow the State to bring together, and add to, Illinois' rich science, technology, and business communities. Section 10. Technology Development Account. (a) The State Treasurer may segregate a portion of the Treasurer's investment portfolio, that at no time shall be greater than 1% of the portfolio, in the Technology Development Account, an account that shall be maintained separately and apart from other moneys invested by the Treasurer. The Treasurer may make investments from the Account that help attract, assist, and retain quality technology businesses in Illinois. The earnings on the Account shall be accounted for separately from other investments made by the Treasurer. (b) Moneys in the Account may be invested by the State Treasurer to provide venture capital to technology businesses seeking to locate, expand, or remain in Illinois by placing money with Illinois venture capital firms for investment by the venture capital firms in technology businesses. "Venture capital", as used in this Act, means equity financing that is provided for starting up, expanding, or relocating a company, or related purposes such as financing for seed capital, research and development, introduction of a product or process into the marketplace, or similar needs requiring risk capital. "Technology business", as used in this Act, means a company that has as its principal function the providing of services including computer, information transfer, communication, distribution, processing, administrative, laboratory, experimental, developmental, technical, testing services, manufacture of goods or materials, the processing of
[May 9, 2002] 60 goods or materials by physical or chemical change, computer related activities, robotics, biological or pharmaceutical industrial activity, or technology oriented or emerging industrial activity. "Illinois venture capital firms", as used in this Act, means an entity that has a majority of its employees in Illinois or that has at least one managing partner domiciled in Illinois that has made significant capital investments in Illinois companies and that provides equity financing for starting up or expanding a company, or related purposes such as financing for seed capital, research and development, introduction of a product or process into the marketplace, or similar needs requiring risk capital. (c) Any fund created by an Illinois venture capital firm in which the State Treasurer places money pursuant to this Act shall be required by the State Treasurer to seek investments in technology businesses seeking to locate, expand, or remain in Illinois. (d) The investment of the State Treasurer in any fund created by an Illinois venture capital firm in which the State Treasurer places money pursuant to this Act shall not exceed 10% of the total investments in the fund. (e) The State Treasurer shall not invest more than one-third of the Technology Development Account in any given calendar year. Section 15. Rules. The State Treasurer may promulgate rules to implement this Act. Section 90. The Deposit of State Moneys Act is amended by changing Section 22.5 as follows: (15 ILCS 520/22.5) (from Ch. 130, par. 41a) Sec. 22.5. The State Treasurer may, with the approval of the Governor, invest and reinvest any State money in the treasury which is not needed for current expenditures due or about to become due, in obligations of the United States government or its agencies or of National Mortgage Associations established by or under the National Housing Act, 1201 U.S.C. 1701 et seq., or in mortgage participation certificates representing undivided interests in specified, first-lien conventional residential Illinois mortgages that are underwritten, insured, guaranteed, or purchased by the Federal Home Loan Mortgage Corporation or in Affordable Housing Program Trust Fund Bonds or Notes as defined in and issued pursuant to the Illinois Housing Development Act. All such obligations shall be considered as cash and may be delivered over as cash by a State Treasurer to his successor. The State Treasurer may, with the approval of the Governor, purchase any state bonds with any money in the State Treasury that has been set aside and held for the payment of the principal of and interest on the bonds. The bonds shall be considered as cash and may be delivered over as cash by the State Treasurer to his successor. The State Treasurer may, with the approval of the Governor, invest or reinvest any State money in the treasury that is not needed for current expenditure due or about to become due, or any money in the State Treasury that has been set aside and held for the payment of the principal of and the interest on any State bonds, in shares, withdrawable accounts, and investment certificates of savings and building and loan associations, incorporated under the laws of this State or any other state or under the laws of the United States; provided, however, that investments may be made only in those savings and loan or building and loan associations the shares and withdrawable accounts or other forms of investment securities of which are insured by the Federal Deposit Insurance Corporation. The State Treasurer may not invest State money in any savings and loan or building and loan association unless a commitment by the savings and loan (or building and loan) association, executed by the president or chief executive officer of that association, is submitted in the following form: The .................. Savings and Loan (or Building and Loan) Association pledges not to reject arbitrarily mortgage loans for residential properties within any specific part of the community served by the savings and loan (or building and loan) association because of the location of the property. The savings and loan (or
61 [May 9, 2002] building and loan) association also pledges to make loans available on low and moderate income residential property throughout the community within the limits of its legal restrictions and prudent financial practices. The State Treasurer may, with the approval of the Governor, invest or reinvest, at a price not to exceed par, any State money in the treasury that is not needed for current expenditures due or about to become due, or any money in the State Treasury that has been set aside and held for the payment of the principal of and interest on any State bonds, in bonds issued by counties or municipal corporations of the State of Illinois. The State Treasurer may, with the approval of the Governor, invest or reinvest any State money in the Treasury which is not needed for current expenditure, due or about to become due, or any money in the State Treasury which has been set aside and held for the payment of the principal of and the interest on any State bonds, in participations in loans, the principal of which participation is fully guaranteed by an agency or instrumentality of the United States government; provided, however, that such loan participations are represented by certificates issued only by banks which are incorporated under the laws of this State or any other state or under the laws of the United States, and such banks, but not the loan participation certificates, are insured by the Federal Deposit Insurance Corporation. The State Treasurer may, with the approval of the Governor, invest or reinvest any State money in the Treasury that is not needed for current expenditure, due or about to become due, or any money in the State Treasury that has been set aside and held for the payment of the principal of and the interest on any State bonds, in any of the following: (1) Bonds, notes, certificates of indebtedness, Treasury bills, or other securities now or hereafter issued that are guaranteed by the full faith and credit of the United States of America as to principal and interest. (2) Bonds, notes, debentures, or other similar obligations of the United States of America, its agencies, and instrumentalities. (3) Interest-bearing savings accounts, interest-bearing certificates of deposit, interest-bearing time deposits, or any other investments constituting direct obligations of any bank as defined by the Illinois Banking Act. (4) Interest-bearing accounts, certificates of deposit, or any other investments constituting direct obligations of any savings and loan associations incorporated under the laws of this State or any other state or under the laws of the United States. (5) Dividend-bearing share accounts, share certificate accounts, or class of share accounts of a credit union chartered under the laws of this State or the laws of the United States; provided, however, the principal office of the credit union must be located within the State of Illinois. (6) Bankers' acceptances of banks whose senior obligations are rated in the top 2 rating categories by 2 national rating agencies and maintain that rating during the term of the investment. (7) Short-term obligations of corporations organized in the United States with assets exceeding $500,000,000 if (i) the obligations are rated at the time of purchase at one of the 3 highest classifications established by at least 2 standard rating services and mature not later than 180 days from the date of purchase, (ii) the purchases do not exceed 10% of the corporation's outstanding obligations, and (iii) no more than one-third of the public agency's funds are invested in short-term obligations of corporations. (8) Money market mutual funds registered under the Investment Company Act of 1940, provided that the portfolio of the money market mutual fund is limited to obligations described in this Section and to agreements to repurchase such obligations. (9) The Public Treasurers' Investment Pool created under
[May 9, 2002] 62 Section 17 of the State Treasurer Act or in a fund managed, operated, and administered by a bank. (10) Repurchase agreements of government securities having the meaning set out in the Government Securities Act of 1986 subject to the provisions of that Act and the regulations issued thereunder. (11) Investments made in accordance with the Technology Development Act. For purposes of this Section, "agencies" of the United States Government includes: (i) the federal land banks, federal intermediate credit banks, banks for cooperatives, federal farm credit banks, or any other entity authorized to issue debt obligations under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) and Acts amendatory thereto; (ii) the federal home loan banks and the federal home loan mortgage corporation; (iii) the Commodity Credit Corporation; and (iv) any other agency created by Act of Congress. The Treasurer may, with the approval of the Governor, lend any securities acquired under this Act. However, securities may be lent under this Section only in accordance with Federal Financial Institution Examination Council guidelines and only if the securities are collateralized at a level sufficient to assure the safety of the securities, taking into account market value fluctuation. The securities may be collateralized by cash or collateral acceptable under Sections 11 and 11.1. (Source: P.A. 90-655, eff. 7-30-98.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3212 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3673 A bill for AN ACT in relation to schools. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 3673. Senate Amendment No. 3 to HOUSE BILL NO. 3673. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 3673 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 18-9 as follows: (105 ILCS 5/18-9) (from Ch. 122, par. 18-9) Sec. 18-9. Requirement for special equalization and supplementary
63 [May 9, 2002] State aid. (a) Any school district claiming an equalization quota may not increase its annual net cash balance in the educational fund for the fiscal school year by failing to expend for educational purposes the total of (1) the general grant, (2) the equalization quota, and (3) the amount determined by applying the qualifying rate to the equalized assessed valuation of the district. Any district which increases such annual net cash balance by failing to expend the amount received from the sum of (1) the general grant, (2) the equalization quota, and (3) the amount determined by applying the qualifying rate to the equalized assessed valuation of the district, shall have its next claim for an equalization quota reduced in an amount equal to the difference between its expenditures for educational purposes and that sum. Current expenditures made in any district receiving a special equalization quota and governed by a board of directors must be approved in advance by the regional superintendent. If, as a result of tax objections based on inequities of assessment, a final decision of any court, entered not more than one year before or 3 years after August 26, 1963, reduces the taxes received by the educational fund of a school district, for any given year, in an amount equal to or more than 3% of the total amount of taxes extended for educational purposes of the district, that district may amend its claim for equalization aid for that year by adding thereto an amount determined by multiplying the deficiency in tax receipts by a percentage computed by dividing the tax rate required in Section 18-8 to receive an equalization quota by the tax rate originally extended for educational purposes. The amended claim including any additional monies to which the district may be entitled shall be filed within three years of the date of such decision and the additional amount paid as supplementary state equalization aid. (b) Any elementary, high school or unit district which for the year 1971, as compared to the year 1970, has a decrease of more than 40% in the value of all its taxable property as equalized or assessed by the Department of Revenue, shall be entitled to file a claim for supplementary State aid with the Office of the State Superintendent of Education. The amount of such aid shall be determined by multiplying the amount of the decrease in the value of the district's taxable property times the total of the 1972 tax rates for school purposes less the sum of the district's qualifying tax rates for educational and transportation purposes extended by such district. Such claims shall be filed on forms prescribed by the Superintendent, and the Superintendent upon receipt of such claims shall adjust the claim of each such district in accordance with the provisions of this Section. (c) Where property comprising an aggregate assessed valuation equal to 3% or more of the total assessed valuation of all taxable property in the district is owned by a person or corporation who is the subject of bankruptcy proceedings or has been adjudged a bankrupt and, as a result thereof, has not paid taxes on that property for 2 or more years, that district may amend its claim back to the inception of such bankruptcy, not to exceed 6 years, in which time such taxes were not paid and for each succeeding year that such taxes remain unpaid by adding to that claim an amount determined by multiplying the assessed valuation of the property on which taxes have not been paid due to bankruptcy by the tax rate required in Section 18-8 to receive an equalization quota or after July 1, 1973, by the district's operating tax rate for general state aid purposes. If at any time a district which receives additional State aid under the provisions of this paragraph receives tax revenue from such property for the years that taxes were not paid, its next claim for State aid shall be reduced in an amount equal to the taxes paid on such property, not to exceed the additional State aid received under the provisions of this subsection (c)
[May 9, 2002] 64 to 6% or more of the total assessed valuation of all taxable property in a school district is owned by a person or corporation that is the subject of bankruptcy proceedings or that has been adjudged a bankrupt and, as a result thereof, has not paid taxes on the property, then the district may amend its general State aid claim (i) back to the inception of the bankruptcy, not to exceed 6 years, in which time those taxes were not paid and (ii) for each succeeding year that those taxes remain unpaid, by adding to the claim an amount determined by multiplying the assessed valuation of the property on which taxes have not been paid due to the bankruptcy by the lesser of the total tax rate for the district for the tax year for which the taxes are unpaid or the applicable rate used in calculating the district's general State aid under paragraph (3) of subsection (D) of Section 18-8.05 of this Code. If at any time a district that receives additional State aid under this subsection (d) receives tax revenue from the property for the years that taxes were not paid, the district's next claim for State aid shall be reduced in an amount equal to the taxes paid on the property, not to exceed the additional State aid received under this subsection (d). Claims under this subsection (d) shall be filed on forms prescribed by the State Superintendent of Education, and the State Superintendent of Education, upon receipt of a claim, shall adjust the claim in accordance with the provisions of this subsection (d). Supplementary State aid for each succeeding year under this subsection (d) shall be paid beginning with the first general State aid claim paid after the district has filed a completed claim in accordance with this subsection (d). (Source: P.A. 81-1509.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 3. Amend House Bill 3673, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, on page 1, line 5, by replacing "Section 18-9" with "Sections 18-9 and 18-12"; and on page 4, immediately below line 27, by inserting the following: "(105 ILCS 5/18-12) (from Ch. 122, par. 18-12) Sec. 18-12. Dates for filing State aid claims.
65 [May 9, 2002] investigated by a law enforcement agency, the State aid claim shall not be reduced. If, during any school day, (i) a school district has provided at least one clock hour of instruction but must close the schools due to adverse weather conditions or due to a condition beyond the control of the school district that poses a hazardous threat to the health and safety of pupils prior to providing the minimum hours of instruction required for a full day of attendance, or (ii) the school district must delay the start of the school day due to adverse weather conditions and this delay prevents the district from providing the minimum hours of instruction required for a full day of attendance, the partial day of attendance may be counted as a full day of attendance. The partial day of attendance and the reasons therefor shall be certified in writing within a month of the closing or delayed start by the local school district superintendent to the Regional Superintendent of Schools for forwarding to the State Superintendent of Education for approval. If a school building is ordered to be closed by the school board, in consultation with a local emergency response agency, due to a condition that poses a hazardous threat to the health and safety of pupils, then the school district shall have a grace period of 4 days in which the general State aid claim shall not be reduced so that alternative housing of the pupils may be located. No exception to the requirement of providing a minimum school term may be approved by the State Superintendent of Education pursuant to this Section unless a school district has first used all emergency days provided for in its regular calendar. If the State Superintendent of Education declares that an energy shortage exists during any part of the school year for the State or a designated portion of the State, a district may operate the school attendance centers within the district 4 days of the week during the time of the shortage by extending each existing school day by one clock hour of school work, and the State aid claim shall not be reduced, nor shall the employees of that district suffer any reduction in salary or benefits as a result thereof. A district may operate all attendance centers on this revised schedule, or may apply the schedule to selected attendance centers, taking into consideration such factors as pupil transportation schedules and patterns and sources of energy for individual attendance centers. No State aid claim may be filed for any district unless the clerk or secretary of the school board executes and files with the State Superintendent of Education, on forms prescribed by the Superintendent, a sworn statement that the district has complied with the requirements of Section 10-22.5 in regard to the nonsegregation of pupils on account of color, creed, race, sex or nationality. No State aid claim may be filed for any district unless the clerk or secretary of the school board executes and files with the State Superintendent of Education, on forms prescribed by the Superintendent, a sworn statement that to the best of his or her knowledge or belief the employing or assigning personnel have complied with Section 24-4 in all respects. (Source: P.A. 90-98, eff. 7-11-97.)". The foregoing message from the Senate reporting Senate Amendments numbered 2 and 3 to HOUSE BILL 3673 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3713 A bill for AN ACT in relation to vehicles.
[May 9, 2002] 66 Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3713. Senate Amendment No. 2 to HOUSE BILL NO. 3713. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3713 on page 1, by replacing line 9 with "adding Section 3-654 as follows:"; and on page 2, by deleting lines 21 through 33; and by deleting page 3. AMENDMENT NO. 2. Amend House Bill 3713, AS AMENDED, in Section 10, in the introductory clause, after "Section 3-654", by inserting "and changing Section 11-208.3"; and in Section 10, below Sec. 3-654, by inserting the following: "(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3) Sec. 11-208.3. Administrative adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles. (a) Any municipality may provide by ordinance for a system of administrative adjudication of vehicular standing and parking violations and vehicle compliance violations as defined in this subsection. The administrative system shall have as its purpose the fair and efficient enforcement of municipal regulations through the administrative adjudication of violations of municipal ordinances regulating the standing and parking of vehicles, the condition and use of vehicle equipment, and the display of municipal wheel tax licenses within the municipality's borders. The administrative system shall only have authority to adjudicate civil offenses carrying fines not in excess of $250 that occur after the effective date of the ordinance adopting such a system under this Section. For purposes of this Section, "compliance violation" means a violation of a municipal regulation governing the condition or use of equipment on a vehicle or governing the display of a municipal wheel tax license. (b) Any ordinance establishing a system of administrative adjudication under this Section shall provide for: (1) A traffic compliance administrator authorized to adopt, distribute and process parking and compliance violation notices and other notices required by this Section, collect money paid as fines and penalties for violation of parking and compliance ordinances, and operate an administrative adjudication system. The traffic compliance administrator also may make a certified report to the Secretary of State under Section 6-306.5. (2) A parking, standing, or compliance violation notice that shall specify the date, time, and place of violation of a parking, standing, or compliance regulation; the particular regulation violated; the fine and any penalty that may be assessed for late payment, when so provided by ordinance; the vehicle make and state registration number; and the identification number of the person issuing the notice. With regard to municipalities with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the State registration number or vehicle make specified is incorrect. The violation notice shall state that the payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation. The notice also shall contain information as to the availability of a hearing in which the violation may be contested on its merits. The violation notice shall specify the time and
67 [May 9, 2002] manner in which a hearing may be had. (3) Service of the parking, standing, or compliance violation notice by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if he or she is present. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his or her control. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business. A parking, standing, or compliance violation notice issued, signed and served in accordance with this Section,
[May 9, 2002] 68 any unpaid fine or penalty will constitute a debt due and owing the municipality. (ii) A notice of final determination of parking, standing, or compliance violation liability. This notice shall be sent following a final determination of parking, standing, or compliance violation liability and the conclusion of judicial review procedures taken under this Section. The notice shall state that the unpaid fine or penalty is a debt due and owing the municipality. The notice shall contain warnings that failure to pay any fine or penalty due and owing the municipality within the time specified may result in the municipality's filing of a petition in the Circuit Court to have the unpaid fine or penalty rendered a judgment as provided by this Section, or may result in suspension of the person's drivers license for failure to pay fines or penalties for 10 or more parking violations under Section 6-306.5. (6) A Notice of impending drivers license suspension. This notice shall be sent to the person liable for any fine or penalty that remains due and owing on 10 or more parking violations. The notice shall state that failure to pay the fine or penalty owing within 45 days of the notice's date will result in the municipality notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-306.5 of this Code. The notice shall also state that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self addressed, stamped envelope to the municipality along with a request for the photostatic copy. The notice of impending drivers license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State. (7) Final determinations of violation liability. A final determination of violation liability shall occur following failure to pay the fine or penalty after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final: (A) upon denial of a timely petition to set aside that determination, or (B) upon expiration of the period for filing the petition without a filing having been made. (8) A petition to set aside a determination of parking, standing, or compliance violation liability that may be filed by a person owing an unpaid fine or penalty. The petition shall be filed with and ruled upon by the traffic compliance administrator in the manner and within the time specified by ordinance. The grounds for the petition may be limited to: (A) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, (B) the person having already paid the fine or penalty for the violation in question, and (C) excusable failure to appear at or request a new date for a hearing. With regard to municipalities with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the State registration number or vehicle make specified is incorrect. After the determination of parking, standing, or compliance violation liability has been set aside upon a showing of just cause, the registered owner shall be provided with a hearing on the merits for that violation. (9) Procedures for non-residents. Procedures by which persons who are not residents of the municipality may contest the merits of the alleged violation without attending a hearing. (10) A schedule of civil fines for violations of vehicular standing, parking, and compliance regulations enacted by ordinance pursuant to this Section, and a schedule of penalties for late payment of the fines, provided, however, that the total amount of the fine and penalty for any one violation shall not exceed $250.
69 [May 9, 2002] (11) Other provisions as are necessary and proper to carry into effect the powers granted and purposes stated in this Section. (c) Any municipality establishing vehicular standing, parking, and compliance regulations under this Section may also provide by ordinance for a program of vehicle immobilization for the purpose of facilitating enforcement of those regulations. The program of vehicle immobilization shall provide for immobilizing any eligible vehicle upon the public way by presence of a restraint in a manner to prevent operation of the vehicle. Any ordinance establishing a program of vehicle immobilization under this Section shall provide: (1) Criteria for the designation of vehicles eligible for immobilization. A vehicle shall be eligible for immobilization when the registered owner of the vehicle has accumulated the number of unpaid final determinations of parking, standing, or compliance violation liability as determined by ordinance. (2) A notice of impending vehicle immobilization and a right to a hearing to challenge the validity of the notice by disproving liability for the unpaid final determinations of parking, standing, or compliance violation liability listed on the notice. (3) The right to a prompt hearing after a vehicle has been immobilized or subsequently towed without payment of the outstanding fines and penalties on parking, standing, or compliance violations for which final determinations have been issued. An order issued after the hearing is a final administrative decision within the meaning of Section 3-101 of the Code of Civil Procedure. (4) A post immobilization and post-towing notice advising the registered owner of the vehicle of the right to a hearing to challenge the validity of the impoundment. (d) Judicial review of final determinations of parking, standing, and compliance violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made under this Section shall be subject to the provisions of the Administrative Review Law. (e) Any fine, penalty, or part of any fine or any penalty remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies created under this Section and the conclusion of any judicial review procedures shall be a debt due and owing the municipality and, as such, may be collected in accordance with applicable law. Payment in full of any fine or penalty resulting from a standing, parking, or compliance violation shall constitute a final disposition of that violation. (f) After the expiration of the period within which judicial review may be sought for a final determination of parking, standing, or compliance violation, the municipality may commence a proceeding in the Circuit Court for purposes of obtaining a judgment on the final determination of violation. Nothing in this Section shall prevent a municipality from consolidating multiple final determinations of parking, standing, or compliance violation against a person in a proceeding. Upon commencement of the action, the municipality shall file a certified copy of the final determination of parking, standing, or compliance violation, which shall be accompanied by a certification that recites facts sufficient to show that the final determination of violation was issued in accordance with this Section and the applicable municipal ordinance. Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the Code of Civil Procedure or by certified mail, return receipt requested, provided that the total amount of fines and penalties for final determinations of parking, standing, or compliance violations does not exceed $2500. If the court is satisfied that the final determination of parking, standing, or compliance violation was entered in accordance with the requirements of this Section and the applicable municipal ordinance, and that the registered owner or the lessee, as the case may be, had an opportunity for an administrative hearing and for judicial review as provided in this Section, the court shall render judgment in favor of the municipality and against the registered owner or the lessee for the amount indicated in the final determination of parking, standing, or
[May 9, 2002] 70 compliance violation, plus costs. The judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money. (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190, eff. 1-1-96.)". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3713 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3938 A bill for AN ACT concerning schools. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3938. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3938 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Sections 10-20.28 and 34-18.14 as follows: (105 ILCS 5/10-20.28) (from Ch. 122, par. 10-20.28) Sec. 10-20.28. Cellular radio telecommunication devices
71 [May 9, 2002]
[May 9, 2002] 72 Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3999 by replacing everything after the enacting clause with the following: "Section 5. The Funeral Directors and Embalmers Licensing Code is amended by changing Section 1-5 as follows: (225 ILCS 41/1-5) (Section scheduled to be repealed on December 31, 2002) Sec. 1-5. Legislative intent. The practice of funeral directing and embalming in this
73 [May 9, 2002] (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and (3) the threat is directed towards that person or a family member of that person.". AMENDMENT NO. 2. Amend House Bill 4081 as follows: on page 1, by replacing line 5 with the following: "changing Sections 11-20.1, 12-3.2, 12-7.3, 12-30, and 33D-1 as follows: (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1) Sec. 11-20.1. Child pornography. (a) A person commits the offense of child pornography who: (1) films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person where such child or severely or profoundly mentally retarded person is: (i) actually or by simulation engaged in any act of sexual penetration or sexual conduct
[May 9, 2002] 74 in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or (5) is a parent, step-parent, legal guardian or other person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person and who knowingly permits, induces, promotes, or arranges for such child or severely or profoundly mentally retarded person to appear in any stage play, live performance, film, videotape, photograph or other similar visual presentation, portrayal or simulation or depiction by computer of any act or activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or (6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or (7) solicits, uses, persuades, induces, entices, or coerces a person to provide a child under the age of 18 or a severely or profoundly mentally retarded person to appear in any videotape, photograph, film, stage play, live presentation, or other similar visual reproduction or depiction by computer in which the child or severely or profoundly mentally retarded person will be depicted, actually or by simulation, in any act, pose, or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection. (b) (1) It shall be an affirmative defense to a charge of child pornography that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution under this Section, he took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person and his reliance upon the information so obtained was clearly reasonable. (2) (Blank). (3) The charge of child pornography shall not apply to the performance of official duties by law enforcement or prosecuting officers, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers. (4) Possession by the defendant of more than one of the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted shall raise a rebuttable presumption that the defendant possessed such materials with the intent to disseminate them. (5) The charge of child pornography does not apply to a person who does not voluntarily possess a film, videotape, or visual reproduction or depiction by computer in which child pornography is depicted. Possession is voluntary if the defendant knowingly procures or receives a film, videotape, or visual reproduction or depiction for a sufficient time to be able to terminate his or her possession. (c) Violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Violation of paragraph (3) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. Violation of paragraph (2) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. Violation of paragraph (6) of subsection (a) is a Class 3 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000.
75 [May 9, 2002] (d) If a person is convicted of a second or subsequent violation of this Section within 10 years of a prior conviction, the court shall order a presentence psychiatric examination of the person. The examiner shall report to the court whether treatment of the person is necessary. (e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 18 or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) or paragraph 1 of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft. (e-5) Upon the conclusion of a case brought under this Section, the court shall seal all evidence depicting a victim or witness that is sexually explicit. The evidence may be unsealed and viewed, on a motion of the party seeking to unseal and view the evidence, only for good cause shown and in the discretion of the court. The motion must expressly set forth the purpose for viewing the material. The State's attorney and the victim, if possible, shall be provided reasonable notice of the hearing on the motion to unseal the evidence. Any person entitled to notice of a hearing under this subsection (e-5) may object to the motion. (f) Definitions. For the purposes of this Section: (1) "Disseminate" means (i) to sell, distribute, exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer; (2) "Produce" means to direct, promote, advertise, publish, manufacture, issue, present or show; (3) "Reproduce" means to make a duplication or copy; (4) "Depict by computer" means to generate or create, or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display. (5) "Depiction by computer" means a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display. (6) "Computer", "computer program", and "data" have the meanings ascribed to them in Section 16D-2 of this Code. (7) "Child" includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is, or appears to be, that of a person, either in part, or in total, under the age of 18, regardless of the method by which the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is created, adopted, or modified to appear as such. "Child" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18. (8) "Sexual penetration" and "sexual conduct" have the meanings ascribed to them in Section 12-12 of this Code. (g) Re-enactment; findings; purposes. (1) The General Assembly finds and declares that: (i) Section 50-5 of Public Act 88-680, effective January 1, 1995, contained provisions amending the child pornography statute, Section 11-20.1 of the Criminal Code of 1961.
[May 9, 2002] 76 Section 50-5 also contained other provisions. (ii) In addition, Public Act 88-680 was entitled "AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (C) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (E) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (G) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (H) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (I) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections. (iii) On September 22, 1998, the Third District Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88-680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal. (iv) Child pornography is a vital concern to the people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt. (2) It is the purpose of this amendatory Act of 1999 to prevent or minimize any problems relating to prosecutions for child pornography that may result from challenges to the constitutional validity of Public Act 88-680 by re-enacting the Section relating to child pornography that was included in Public Act 88-680. (3) This amendatory Act of 1999 re-enacts Section 11-20.1 of the Criminal Code of 1961, as it has been amended. This re-enactment is intended to remove any question as to the validity or content of that Section; it is not intended to supersede any other Public Act that amends the text of the Section as set forth in this amendatory Act of 1999. The material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court. (4) The re-enactment by this amendatory Act of 1999 of Section 11-20.1 of the Criminal Code of 1961 relating to child pornography that was amended by Public Act 88-680 is not intended, and shall not be construed, to imply that Public Act 88-680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re-enacted by other Public Acts. (Source: P.A. 91-54, eff. 6-30-99; 91-229, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-434, eff. 1-1-02.)"; and on page 7, by inserting below line 34 the following: "(720 ILCS 5/33D-1) (from Ch. 38, par. 33D-1) Sec. 33D-1. (a) Contributing to the criminal delinquency of a juvenile. Any person of the age of 17
77 [May 9, 2002] commits the offense of contributing to the criminal delinquency of a juvenile. (b) Sentence. Contributing to the criminal delinquency of a juvenile is a felony one grade higher than the offense committed, if the offense committed is a felony, except when the offense committed is first degree murder or a Class X felony. When the offense committed is first degree murder or a Class X felony, the penalty for contributing to the criminal delinquency of a juvenile is the same as the penalty for first degree murder or a Class X felony, respectively. Contributing to the criminal delinquency of a juvenile is a misdemeanor one grade higher than the offense committed, if the offense committed is a misdemeanor, except when the offense committed is a Class A misdemeanor. If the offense committed is a Class A misdemeanor, the penalty for contributing to the criminal delinquency of a juvenile is a Class 4 felony. (Source: P.A. 91-337, eff. 1-1-00.) Section 10. The Wrongs to Children Act is amended by changing Section 5.1 as follows: (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1) Sec. 5.1. Permitting sexual abuse of a child. (a) A person responsible for a child's welfare commits the offense of permitting sexual abuse of a child if he or she has actual knowledge of and permits an act of sexual abuse upon the child, or permits the child to engage in prostitution as defined in Section 11-14 of the Criminal Code of 1961. (b) In this Section: "Child" means a minor under the age of 17 years. "Person responsible for the child's welfare" means the child's parent, step-parent, legal guardian, or other person having custody of a child, who is responsible for the child's care at the time of the alleged sexual abuse. "Sexual abuse" includes criminal sexual abuse or criminal sexual assault as defined in Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. "Prostitution" means prostitution as defined in Section 11-14 of the Criminal Code of 1961. "Actual knowledge" includes credible allegations made by the child. (c) This Section does not apply to a person responsible for the child's welfare who, having reason to believe that sexual abuse has occurred, makes timely and reasonable efforts to stop the sexual abuse by reporting the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse, or causing a report to be made, to medical or law enforcement authorities or anyone who is a mandated reporter under Section 4 of the Abused and Neglected Child Reporting Act. (d) Whenever a law enforcement officer has reason to believe that the child or the person responsible for the child's welfare has been abused by a family or household member as defined by the Illinois Domestic Violence Act of 1986, the officer shall immediately use all reasonable means to prevent further abuse under Section 112A-30 of the Code of Criminal Procedure of 1963. (e) An order of protection under Section 111-8 of the Code of Criminal Procedure of 1963 shall be sought in all cases where there is reason to believe that a child has been sexually abused by a family or household member. In considering appropriate available remedies, it shall be presumed that awarding physical care or custody to the abuser is not in the child's best interest. (f) A person may not be charged with the offense of permitting sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or prostitution. (g) A person convicted of permitting the sexual abuse of a child is guilty of a Class 4 felony. A second or subsequent offense is a Class 2 felony, except that when the sexual abuse involved sexual
[May 9, 2002] 78 penetration causing bodily harm to the child, it is a Class 1 felony. As a condition of any sentence of supervision, probation, conditional discharge, or mandatory supervised release, any person convicted under this Section shall be ordered to undergo child sexual abuse, domestic violence, or other appropriate counseling for a specified duration with a qualified social or mental health worker. (h) It is an affirmative defense to a charge of permitting sexual abuse of a child under this Section that the person responsible for the child's welfare had a reasonable apprehension that timely action to stop the abuse or prostitution would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.
79 [May 9, 2002] Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4117 as follows: on page 1, line 11, by replacing "Student-initiated" with "Voluntarily initiated"; and on page 1, by replacing lines 17 through 19 with the following: "voluntarily engage in individually initiated, non-disruptive prayer that, consistent with the constitutional principle of freedom of religion and the Supreme Court rulings on the separation of church and State, is not sponsored, promoted, or endorsed in any manner by the school or any school employee.". AMENDMENT NO. 3. Amend House Bill 4117, AS AMENDED, in Section 5, Sec. 5, in the caption, by replacing "Voluntarily initiated" with "Student"; and in Section 5, Sec. 5, the sentence beginning "In order", by replacing "constitutional principle of freedom of religion and the Supreme Court rulings on the separation of church and State" with "Free Exercise and Establishment Clauses of the United States and Illinois Constitutions". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 3 to HOUSE BILL 4117 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4179 A bill for AN ACT in relation to criminal law. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4179. Senate Amendment No. 2 to HOUSE BILL NO. 4179. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4179 as follows: on page 1, line 5, by changing "Section 12-2" to "Sections 12-2 and 12-4"; and on page 3, by replacing lines 3 through 5 with the following: "assistance or first aid personnel
[May 9, 2002] 80 on page 4, line 31, by changing "(6) and (7)" to "(6), (7), and (16)"; and on page 4, line 34, by changing "(6) and (7)" to "(6), (7), and (16)"; and on page 5, by inserting below line 4 the following: "(720 ILCS 5/12-4) (from Ch. 38, par. 12-4) Sec. 12-4. Aggravated Battery. (a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery. (b) In committing a battery, a person commits aggravated battery if he or she: (1) Uses a deadly weapon other than by the discharge of a firearm; (2) Is hooded, robed or masked, in such manner as to conceal his identity; (3) Knows the individual harmed to be a teacher or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes; (4) Knows the individual harmed to be a supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes; (5) Knows the individual harmed to be a caseworker, investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient, or any other person being interviewed or investigated in the employee's discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located; (6) Knows the individual harmed to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while such officer, volunteer, employee or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee or fireman from performing official duties, or in retaliation for the officer, volunteer, employee or fireman performing official duties, and the battery is committed other than by the discharge of a firearm; (7) Knows the individual harmed to be an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital emergency room personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital emergency room personnel from performing official duties, or in retaliation for performing official duties; (8) Is, or the person battered is, on or about a public way, public property or public place of accommodation or amusement; (9) Knows the individual harmed to be the driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility
81 [May 9, 2002] or system as a vehicle boarding, departure, or transfer location; (10) Knowingly and without legal justification and by any means causes bodily harm to an individual of 60 years of age or older; (11) Knows the individual harmed is pregnant; (12) Knows the individual harmed to be a judge whom the person intended to harm as a result of the judge's performance of his or her official duties as a judge; (13) Knows the individual harmed to be an employee of the Illinois Department of Children and Family Services engaged in the performance of his authorized duties as such employee; (14) Knows the individual harmed to be a person who is physically handicapped; (15) Knowingly and without legal justification and by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A-5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A-2.4 of this Code;
[May 9, 2002] 82 duties, or to prevent"; and on page 4, line 8, by replacing "or" with "
83 [May 9, 2002] public property or public place of accommodation or amusement; (9) Knows the individual harmed to be the driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location; (10) Knowingly and without legal justification and by any means causes bodily harm to an individual of 60 years of age or older; (11) Knows the individual harmed is pregnant; (12) Knows the individual harmed to be a judge whom the person intended to harm as a result of the judge's performance of his or her official duties as a judge; (13) Knows the individual harmed to be an employee of the Illinois Department of Children and Family Services engaged in the performance of his authorized duties as such employee; (14) Knows the individual harmed to be a person who is physically handicapped; (15) Knowingly and without legal justification and by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A-5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A-2.4 of this Code;
[May 9, 2002] 84 The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 4179 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4220 A bill for AN ACT concerning insurance. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4220. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4220 on page 1 by replacing lines 26 and 27 with the following: "participating primary care physician. "Participating primary care physician" for health care plans and subcontractors that do not require coordination of care by a primary care physician means the participating physician treating the patient. All health care plans shall inform enrollees of any"; and on page 2 by deleting lines 4 through 24. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4220 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4228 A bill for AN ACT concerning corporation. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4228. Senate Amendment No. 2 to HOUSE BILL NO. 4228. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4228 by replacing everything after the enacting clause with the following:
85 [May 9, 2002] "Section 5. The Business Corporation Act of 1983 is amended by changing Section 7.05 as follows: (805 ILCS 5/7.05) (from Ch. 32, par. 7.05) Sec. 7.05. Meetings of shareholders. Meetings of shareholders may be held
[May 9, 2002] 86 or by the board of directors. Special meetings of the members may also be called by such other officers or persons or number or proportion of members entitled to vote as may be provided in the articles of incorporation or the bylaws. In the absence of a provision fixing the number or proportion of members entitled to vote who are entitled to call a meeting, a special meeting of members entitled to vote may be called by such members having one-twentieth of the votes entitled to be cast at such meeting. (d) Unless specifically prohibited by the articles of incorporation or bylaws, members entitled to vote may participate in and act at any meeting through the use of a conference telephone or interactive technology, including but not limited to electronic transmission, Internet usage, or remote communication,
87 [May 9, 2002] AMENDMENT NO. 1. Amend House Bill 4230 on page 1, in line 9, by inserting after "grants" the following: "to organizations that are located in the State of Illinois". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4230 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4344 A bill for AN ACT in relation to vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4344. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4344 on page 1, line 6 by deleting "3-104,"; and on page 1, by replacing lines 11 through 13 with the following: "least 25 years of age and of a model year after 1948 or a vehicle that has been certified by an inspector of the National Street Rod Association, on a form prescribed by the Secretary of State, to be a custom vehicle manufactured to resemble a vehicle at least 25 years of age and of a model year after 1948 and has been"; and on page 1, by replacing lines 21 and 22 with the following: "1948 or older vehicle or a vehicle that has been certified by an inspector of the National Street Rod Association, on a form prescribed by the Secretary of State, to be a street rod that was manufactured after 1948 to resemble a vehicle that was manufactured before"; and by deleting lines 29 and 30 on page 1, all of pages 2 through 4, and lines 1 through 10 on page 5; and on page 6, by replacing line 33 with the following: "cycle, or pedalcycle, and obtain a custom vehicle plate. An applicant for the special plate shall be charged, in addition to the standard registration fee, $15 for original issuance to be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray administrative costs. For each renewal period, in addition to the standard registration fee, the applicant shall be charged $2, which shall be deposited into the Secretary of State Special License Plate Fund. The"; and on page 7, by replacing lines 9 through 11 with the following: "generally, as provided in Section 3-414.1. Any person requesting custom"; and on page 7, by replacing line 31 with the following: "pedalcycle, and obtain a street rod plate. An applicant for the special plate shall be charged, in addition to the standard registration fee, $15 for original issuance to be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray administrative costs. For each renewal period, in addition to the standard registration fee, the applicant shall be charged $2, which shall be deposited into the Secretary of State
[May 9, 2002] 88 Special License Plate Fund. The application"; and on page 8, by replacing lines 7 and 8 with the following: "3-414.1. Any person". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4344 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4667 A bill for AN ACT in relation to utilities. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4667. Senate Amendment No. 2 to HOUSE BILL NO. 4667. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4667 on page 1 by replacing line 6 with the following: "adding Sections 7-208, 7-209, 19-125, 19-130, and 19-135 as follows: (220 ILCS 5/7-208 new) Sec. 7-208. HVAC affiliate marketing. (a) "HVAC affiliate" means all affiliated interests of a gas utility that provide heating, ventilating, or air conditioning services to customers within the service territory of the affiliated gas utility. (b) When an HVAC affiliate advertises or markets heating, ventilating, or air conditioning services to the public, it shall include a disclaimer that, if audible, is conspicuous and if printed is of sufficient size to be clearly legible, and that states: (Insert name of affiliate) is an affiliate of (insert name of gas utility) and is not regulated by the Illinois Commerce Commission. Customers are not required to buy products or services from (insert name of affiliate) in order to receive the same quality of service from the gas utility. (c) The requirements in subsection (b) apply to all forms of advertising and marketing, including, but not limited to, print, television, radio, internet, telephonic, bill inserts, and newsletters. (220 ILCS 5/7-209 new) Sec. 7-209. Marketing limitation; gas utilities. If a gas utility has an HVAC affiliate, the prohibition contained in this Section applies to the employees of the gas utility. While a gas utility employee is responding to a service call related to services provided under tariffs on file with the Illinois Commerce Commission, the employee of the gas utility is prohibited from marketing the services of an HVAC affiliate; provided, however, the gas utility employee may refer the customer to the telephone directory in response to specific requests for referrals. If a customer's gas appliance or gas service has been disconnected due to an emergency situation that requires immediate attention, a gas utility employee may provide to that
89 [May 9, 2002] customer a list, including contact phone numbers, that includes HVAC affiliates and non-affiliated entities that provide heating ventilating, or air conditioning services.". AMENDMENT NO. 2. Amend House Bill 4667 on page 10 by inserting immediately below line 17 the following: "(d) Nothing in this Act shall be construed to limit, restrict, or mitigate in any way the power and authority of the State's Attorneys or the Attorney General under the Consumer Fraud and Deceptive Business Practices Act.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 4667 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4725 A bill for AN ACT concerning insurance. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4725. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4725 on page 1, line 8, by changing "which" to "that
[May 9, 2002] 90 Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4879 by replacing everything after the enacting clause with the following: "Section 5. The Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993 is amended by changing Section 75 as follows: (225 ILCS 446/75) (Section scheduled to be repealed on December 31, 2003) Sec. 75. Qualifications for licensure and agency certification. (a) Private Detective. A person is qualified to receive a license as a private detective if he or she meets all of the following requirements: (1) Is at least 21 years of age. (2) Has not been convicted in any jurisdiction of any felony or at least 10 years have expired from the time of discharge from any sentence imposed for a felony. (3) Is of good moral character. Good character is a continuing requirement of licensure. Conviction of crimes not listed in paragraph (2) of subsection (a) of this Section may be used in determining moral character, but does not operate as an absolute bar to licensure. (4) Has not been declared by any court of competent jurisdiction to be incompetent by reason of mental or physical defect or disease unless a court has since declared him or her to be competent. (5) Is not suffering from habitual drunkenness or from narcotic addiction or dependence. (6) Has a minimum of 3 years experience out of the 5 years immediately preceding his or her application working full-time for a licensed private detective agency as a registered private detective employee or with 3 years experience out of the 5 years immediately preceding his or her application employed as a full-time investigator for a licensed attorney or in a law enforcement agency of a federal or State political subdivision, which shall include a State's Attorney's office or a Public Defender's office, such full-time investigator experience to be approved by the Board and the Department. An applicant who has obtained a baccalaureate degree in police science or a related field or a business degree from an accredited college or university shall be given credit for 2 of the 3 years experience required under this Section. An applicant who has obtained an associate degree in police science or a related field or in business from an accredited college or university shall be given credit for one of the 3 years experience required under this Section. (7) Has not been dishonorably discharged from the armed services of the United States. (8) Has successfully passed an examination authorized by the Department. The examination shall include subjects reasonably related to the activities licensed so as to provide for the protection of the health and safety of the public. (9) Has not violated Section 15, 20, or 25 of this Act, but this requirement does not operate as an absolute bar to licensure. It is the responsibility of the applicant to obtain liability insurance in an amount and coverage type appropriate as determined by rule for the applicant's individual business circumstances. The applicant shall provide evidence of insurance to the Department before being issued a license. This insurance requirement is a continuing requirement for licensure. Failure to maintain insurance shall result in cancellation of the license by the Department. (b) Private security contractor. A person is qualified to receive a license as a private security contractor if he or she meets all of
91 [May 9, 2002] the following requirements: (1) Is at least 21 years of age. (2) Has not been convicted in any jurisdiction of any felony or at least 10 years have expired from the time of discharge from any sentence imposed for a felony. (3) Is of good moral character. Good moral character is a continuing requirement of licensure. Convictions of crimes not listed in paragraph (2) of subsection (b) of this Section may be used in determining moral character, but do not operate as an absolute bar to licensure. (4) Has not been declared by any court of competent jurisdiction to be incompetent by reason of mental or physical defect or disease unless a court has since declared him or her to be competent. (5) Is not suffering from habitual drunkenness or from narcotic addiction or dependence. (6) Has a minimum of 3 years experience out of the 5 years immediately preceding his or her application as a full-time manager or administrator for a licensed private security contractor agency or a manager or administrator of a proprietary security force of 30 or more persons registered with the Department, or with 3 years experience out of the 5 years immediately preceding his or her application as a full-time supervisor in a law enforcement agency of a federal or State political subdivision, which shall include a State's Attorney's office or Public Defender's office, such full-time supervisory experience to be approved by the Board and the Department. An applicant who has obtained a baccalaureate degree in police science or a related field or a business degree from an accredited college or university shall be given credit for 2 of the 3 years experience required under this Section. An applicant who has obtained an associate degree in police science or a related field or in business from an accredited college or university shall be given credit for one of the 3 years experience required under this Section. (7) Has not been dishonorably discharged from the armed services of the United States. (8) Has successfully passed an examination authorized by the Department. The examination shall include subjects reasonably related to the activities licensed so as to provide for the protection of the health and safety of the public. (9) Has not violated Section 15, 20, or 25 of this Act, but this requirement does not operate as an absolute bar to licensure. It is the responsibility of the applicant to obtain liability insurance in amount and coverage type appropriate as determined by rule for the applicant's individual business circumstances. The applicant shall provide evidence of insurance to the Department before being issued a license. This insurance requirement is a continuing requirement for licensure. Failure to maintain insurance shall result in cancellation of the license by the Department. (c) Private alarm contractor. A person is qualified to receive a license as a private alarm contractor if he or she meets all of the following requirements: (1) Is at least 21 years of age. (2) Has not been convicted in any jurisdiction of any felony or at least 10 years have expired from the time of discharge from any sentence imposed for a felony. (3) Is of good moral character. Good moral character is a continuing requirement of licensure. Convictions of crimes not listed in paragraph (2) of subsection (c) of this Section may be used in determining moral character, but do not operate as an absolute bar to licensure. (4) Has not been declared by any court of competent jurisdiction to be incompetent by reason of mental or physical defect or disease unless a court has since declared him or her to be competent. (5) Is not suffering from habitual drunkenness or from
[May 9, 2002] 92 narcotic addiction or dependence. (6) Has not been dishonorably discharged from the armed services of the United States. (7) Has a minimum of 3 years experience out of the 5 years immediately preceding application as a full time manager or administrator for an agency licensed as a private alarm contractor agency, or for an entity that designs, sells, installs, services, or monitors alarm systems which in the judgment of the Board satisfies standards of alarm industry competence. An individual who has received a 4 year degree in electrical engineering or a related field from a program approved by the Board shall be given credit for 2 years of experience under this item (7). An individual who has successfully completed a national certification program approved by the Board shall be given credit for one year of experience under this item (7). (8) Has successfully passed an examination authorized by the Department. The examination shall include subjects reasonably related to the activities licensed so as to provide for the protection of the health and safety of the public. (9) Has not violated Section 15, 20, or 25 of this Act, but this requirement does not operate as an absolute bar to licensure. It is the responsibility of the applicant to obtain liability insurance in an amount and coverage type appropriate as determined by rule for the applicant's individual business circumstances. The applicant shall provide evidence of insurance to the Department before being issued a license. This insurance requirement is a continuing requirement for licensure. Failure to maintain insurance shall result in cancellation of the license by the Department. Alternatively, a person is qualified to receive a license as a private alarm contractor without meeting the requirements of items (7), (8), and (9) of this subsection, if he or she: (i) applies for a license between September 2, 2002
93 [May 9, 2002] sufficient for the individual's business circumstances. The Department, with input from the Board, shall promulgate rules specifying minimum insurance requirements. This insurance requirement is a continuing requirement for licensure. Failure to maintain insurance shall result in the cancellation of the license by the Department. A locksmith employed by a licensed locksmith agency or employed by a private concern may provide proof that his or her actions as a locksmith are covered by the insurance of his or her employer. (e) Private detective agency. Upon payment of the required fee and proof that the applicant has a full-time Illinois licensed private detective in charge, which is a continuing requirement for agency certification, the Department shall issue, without examination, a certificate as a private detective agency to any of the following: (1) An individual who submits an application in writing and who is a licensed private detective under this Act. (2) A firm or association that submits an application in writing and all of the members of the firm or association are licensed private detectives under this Act. (3) A duly incorporated or registered corporation allowed to do business in Illinois that is authorized by its articles of incorporation to engage in the business of conducting a detective agency, provided at least one officer or executive employee is licensed as a private detective under this Act and all unlicensed officers and directors of the corporation are determined by the Department to be persons of good moral character. No private detective may be the private detective in charge for more than one agency. Upon written request by a representative of an agency within 10 days after the loss of a licensee in charge of an agency because of the death of that individual or because of an unanticipated termination of the employment of that individual, the Department shall issue a temporary permit allowing the continuing operation of a previously licensed agency. No temporary permit shall be valid for more than 90 days. An extension of an additional 90 days may be granted by the Department for good cause shown upon written request by the representative of the agency. No more than 2 extensions may be granted to any agency. No temporary permit shall be issued for the loss of the detective in charge because of disciplinary action by the Department. (f) Private alarm contractor agency. Upon receipt of the required fee and proof that the applicant has a full-time Illinois licensed private alarm contractor in charge, which is a continuing requirement for agency certification, the Department shall issue, without examination, a certificate as a private alarm contractor agency to any of the following: (1) An individual who submits an application in writing and who is a licensed private alarm contractor under this Act. (2) A firm or association that submits an application in writing that all of the members of the firm or association are licensed private alarm contractors under this Act. (3) A duly incorporated or registered corporation allowed to do business in Illinois that is authorized by its articles of incorporation to engage in the business of conducting a private alarm contractor agency, provided at least one officer or executive employee is licensed as a private alarm contractor under this Act and all unlicensed officers and directors of the corporation are determined by the Department to be persons of good moral character. No private alarm contractor may be the private alarm contractor in charge for more than one agency. Upon written request by a representative of an agency within 10 days after the loss of a licensed private alarm contractor in charge of an agency because of the death of that individual or because of the unanticipated termination of the employment of that individual, the Department shall issue a temporary permit allowing the continuing operation of a previously licensed agency. No temporary permit shall be valid for more than 90 days. An extension of an additional 90 days may be granted by the Department for
[May 9, 2002] 94 good cause shown and upon written request by the representative of the agency. No more than 2 extensions may be granted to any agency. No temporary permit shall be issued for the loss of the licensee in charge because of disciplinary action by the Department. (g) Private security contractor agency. Upon receipt of the required fee and proof that the applicant has a full-time Illinois licensed private security contractor in charge, which is continuing requirement for agency certification, the Department shall issue, without examination, a certificate as a private security contractor agency to any of the following: (1) An individual who submits an application in writing and who is a licensed private security contractor under this Act. (2) A firm or association that submits an application in writing that all of the members are licensed private security contractors under this Act. (3) A duly incorporated or registered corporation allowed to do business in Illinois that is authorized by its articles of incorporation to engage in the business of conducting a private security contractor agency, provided at least one officer or executive employee is licensed as a private security contractor under this Act and all unlicensed officers and directors of the corporation are determined by the Department to be persons of good moral character. No private security contractor may be the private security contractor in charge for more than one agency. Upon written request by a representative of the agency within 10 days after the loss of a licensee in charge of an agency because of the death of that individual or because of the unanticipated termination of the employment of that individual, the Department shall issue a temporary permit allowing the continuing operation of a previously licensed agency. No temporary permit shall be valid for more than 90 days. An extension of an additional 90 days may be granted upon written request by the representative of the agency. No more than 2 extensions may be granted to any agency. No temporary permit shall be issued for the loss of the licensee in charge because of disciplinary action by the Department. (h) Licensed locksmith agency. Upon receipt of the required fee and proof that the applicant is an Illinois licensed locksmith who shall assume full responsibility for the operation of the agency and the directed actions of the agency's employees, which is a continuing requirement for agency licensure, the Department shall issue, without examination, a certificate as a Locksmith Agency to any of the following: (1) An individual who submits an application in writing and who is a licensed locksmith under this Act. (2) A firm or association that submits an application in writing and certifies that all of the members of the firm or association are licensed locksmiths under this Act. (3) A duly incorporated or registered corporation or limited liability company allowed to do business in Illinois that is authorized by its articles of incorporation or organization to engage in the business of conducting a locksmith agency, provided that at least one officer or executive employee of a corporation or one member of a limited liability company is licensed as a locksmith under this Act, and provided that person agrees in writing on a form acceptable to the Department to assume full responsibility for the operation of the agency and the directed actions of the agency's employees, and further provided that all unlicensed officers and directors of the corporation or members of the limited liability company are determined by the Department to be persons of good moral character. An individual licensed locksmith operating under a business name other than the licensed locksmith's own name shall not be required to obtain a locksmith agency license if that licensed locksmith does not employ any persons to engage in the practice of locksmithing. An applicant for licensure as a locksmith agency shall submit to the Department proof of insurance sufficient for the agency's business
95 [May 9, 2002] circumstances. The Department shall promulgate rules specifying minimum insurance requirements. This insurance requirement is a continuing requirement for licensure. No licensed locksmith may be the licensed locksmith responsible for the operation of more than one agency except for any individual who submits proof to the Department that, on the effective date of this amendatory Act of 1995, he or she is actively responsible for the operations of more than one agency. A licensed private alarm contractor who is responsible for the operation of a licensed private alarm contractor agency and who is a licensed locksmith may also be the licensed locksmith responsible for the operation of a locksmith agency. Upon written request by a representative of an agency within 10 days after the loss of a responsible licensed locksmith of an agency, because of the death of that individual or because of the unanticipated termination of the employment of that individual, the Department shall issue a temporary permit allowing the continuing operation of a previously licensed locksmith agency. No temporary permit shall be valid for more than 90 days. An extension for an additional 90 days may be granted by the Department for good cause shown and upon written request by a representative of the agency. No more than 2 extensions may be granted to any agency. No temporary permit shall be issued to any agency due to the loss of the responsible locksmith because of disciplinary action by the Department. (i) Proprietary Security Force. All commercial or industrial operations that employ 5 or more persons as armed security guards and all financial institutions that employ armed security guards shall register their security forces with the Department on forms provided by the Department. All armed security guard employees of the registered proprietary security force shall be required to complete a 20-hour basic training course and 20-hour firearm training course in accordance with administrative rules. Each proprietary security force shall be required to apply to the Department, on forms supplied by the Department, for the issuance of a firearm authorization card, in accordance with administrative rules, for each armed employee of the security force. The Department shall prescribe rules for the administration of this Section. (j) Any licensed agency that operates a branch office as defined in this Act shall apply for a branch office license. (Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98; 90-602, eff. 6-26-98; 91-357, eff. 7-29-99; 91-815, eff. 6-13-00.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO.2. Amend House Bill 4879, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 1, line 6, by replacing "Section 75" with "Sections 75, 80, and 185"; and on page 13, by inserting the following after line 27: "(225 ILCS 446/80) (Section scheduled to be repealed on December 31, 2003) Sec. 80. Employee requirements. All employees of a licensed agency, other than those exempted, shall apply for a Permanent Employee Registration Card. The holder of an agency certificate issued under this Act, known in this Act as "employer", may employ in the conduct of his or her business employees under the following provisions: (a) No person shall be issued a permanent employee registration card who: (1) Is under 18 years of age. (2) Is under 21 years of age if the services will include being armed. (3) Has been determined by the Department to be unfit by reason of conviction of an offense in this or another state, other than a minor traffic offense. The Department shall promulgate rules for procedures by which those circumstances shall be determined and that afford the applicant due process of law.
[May 9, 2002] 96 (4) Has had a license or permanent employee registration card refused, denied, suspended, or revoked under this Act. (5) Has been declared incompetent by any court of competent jurisdiction by reason of mental disease or defect and has not been restored. (6) Has been dishonorably discharged from the armed services of the United States. (b) No person may be employed by a private detective agency, private security contractor agency, or private alarm contractor agency, or locksmith agency under this Section until he or she has executed and furnished to the employer, on forms furnished by the Department, a verified statement to be known as "Employee's Statement" setting forth: (1) The person's full name, age, and residence address. (2) The business or occupation engaged in for the 5 years immediately before the date of the execution of the statement, the place where the business or occupation was engaged in, and the names of employers, if any. (3) That the person has not had a license or employee registration refused, revoked, or suspended under this Act. (4) Any conviction of a felony or misdemeanor. (5) Any declaration of incompetency by a court of competent jurisdiction that has not been restored. (6) Any dishonorable discharge from the armed services of the United States. (7) Any other information as may be required by any rule of the Department to show the good character, competency, and integrity of the person executing the statement. (c) Each applicant for a permanent employee registration card shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or directly to the vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department, in its discretion, may also use other procedures in performing or obtaining criminal background checks of applicants.
97 [May 9, 2002] employees of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws are considered peace officers. (d)
[May 9, 2002] 98 (h) No employer may issue an employee identification card to any person who is not employed by the employer in accordance with this Section or falsely state or represent that a person is or has been in his or her employ. It is unlawful for an applicant for registered employment to file with the Department the fingerprints of a person other than himself or herself, or to fail to exercise due diligence in resubmitting replacement fingerprints for those employees who have had original fingerprint submissions returned as unclassifiable. (i) Every employer shall obtain the identification card of every employee who terminates employment with him or her. (j) Every employer shall maintain a separate roster of the names of all employees currently working in an armed capacity and submit the roster to the Department on request. (k) No agency may employ any person to perform a licensed activity under this Act unless
99 [May 9, 2002]
[May 9, 2002] 100 The firearm training course shall be taught by an instructor qualified to give the instruction. Reasonable qualifications shall be determined by the Department. The firearm training course may be conducted by agencies or institutions approved by the Department or may be conducted by a licensee or any agency certified by this Act so long as the course is approved by the Department. The firearm course shall consist of the following: (1) A minimum of 40 hours of training, 20 of which shall be as described in Section 180, and 20 of which shall be as follows: (i) instruction in the dangers of and misuse of the firearm, safety rules, and care and cleaning of the firearm; (ii) practice firing on a range with live ammunition; (iii) instruction in the legal use of firearms under the provisions of the Criminal Code of 1961, and relevant court decisions; (iv) a forceful presentation of the ethical and moral consideration assumed by any person who uses a firearm; (v) a review of the current law regarding arrest, search, and seizure; and (vi) liability for acts. (2) An examination shall be given at the completion of the course. The examination shall be in 2 parts which shall consist of a firearms qualification course and a written examination, which shall be approved by the Department. Successful completion shall be determined by the Department. (d) The firearm training requirement shall be waived for an employee who has completed training provided by the Illinois Law Enforcement Training Standards Board, or the equivalent public body in another state, provided supporting documentation showing requalification with the weapon on the firing range is submitted to the Department. Notwithstanding any other provision of this Act to the contrary, all requirements relating to firearms authorization cards do not apply to a peace officer as defined in subsection (c) of Section 80 of this Act.
101 [May 9, 2002] hearing on the charges shall be held before the Board if the Director summarily suspends a Firearm Authorization Card. (Source: P.A. 88-363; 88-586, eff. 8-12-94; 89-694, eff. 12-31-96.)". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 4879 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4912 A bill for AN ACT concerning higher education student assistance. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4912. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4912 on page 5, by replacing lines 32 through 34 with "collection fees."; and on page 6, in line 1, by deleting "amount may not exceed $5,000."; and on page 9, by replacing lines 31 through 34 with "reasonable collection fees. The Commission is"; and on page 13, in line 34, by deleting "(i)"; and on page 14, by replacing lines 6 through 9 with "legal disability. Payments received by the". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4912 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4926 A bill for AN ACT in relation to criminal law. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4926. Senate Amendment No. 2 to HOUSE BILL NO. 4926.
[May 9, 2002] 102 Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4926 as follows: on page 1, line 5, by inserting "and by adding Section 12-35" after "12-14"; and on page 3, by inserting below line 20 the following: "(720 ILCS 5/12-35 new) Sec. 12-35. Sexual conduct or sexual contact with an animal. (a) A person may not knowingly engage in any sexual conduct or sexual contact with an animal. (b) A person may not knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal. (c) A person may not knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control. (d) A person may not knowingly engage in, promote, aid, or abet any activity involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose. (e) Sentence. A person who violates this Section is guilty of a Class 4 felony. A person who violates this Section in the presence of a person under 18 years of age or causes the animal serious physical injury or death is guilty of a Class 3 felony. (f) In addition to the penalty imposed in subsection (e), the court may order that the defendant do any of the following: (1) Not harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, if necessary. (2) Relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society. (3) Undergo a psychological evaluation and counseling at defendant's expense. (4) Reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society. (g) Nothing in this Section shall be construed to prohibit accepted animal husbandry practices or accepted veterinary medical practices by a licensed veterinarian or certified veterinary technician. (h) If the court has reasonable grounds to believe that a violation of this Section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section. (i) In this Section: "Animal" means every creature, either alive or dead, other than a human being. "Sexual conduct" means any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal, for the purpose of sexual gratification or arousal of the person. "Sexual contact" means any contact, however slight, between the sex organ or anus of a person and the sex organ, mouth, or anus of an animal, or any intrusion, however slight, of any part of the body of the person into the sex organ or anus of an animal, for the purpose of sexual gratification or arousal of the person. Evidence of emission of semen is not required to prove sexual contact.". AMENDMENT NO. 2. Amend House Bill 4926 as follows: on page 2, by replacing line 28 with the following:
103 [May 9, 2002] "is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 4926 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4933 A bill for AN ACT concerning vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4933. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4933 on page 1, line 10, by replacing "600" with "900
[May 9, 2002] 104 both a knowing failure to comply with this Section and a knowing failure to comply with any order, if both offenses involve the same record keeping violation. (m) The Secretary shall adopt rules necessary for". AMENDMENT NO. 2. Amend House Bill 4948 on page 6, line 11, by replacing "second" with "fifth
105 [May 9, 2002] offer for sale at retail in this State. 4. The name of each manufacturer or franchised distributor, if any, of new vehicles with whom the applicant has contracted for the sale of such new vehicles. As evidence of this fact, the application shall be accompanied by a signed statement from each such manufacturer or franchised distributor. If the applicant is in the business of offering for sale new conversion vehicles, trucks or vans, except for trucks modified to serve a special purpose which includes but is not limited to the following vehicles: street sweepers, fertilizer spreaders, emergency vehicles, implements of husbandry or maintenance type vehicles, he must furnish evidence of a sales and service agreement from both the chassis manufacturer and second stage manufacturer. 5. A statement that the applicant has been approved for registration under the Retailers' Occupation Tax Act by the Department of Revenue: Provided that this requirement does not apply to a dealer who is already licensed hereunder with the Secretary of State, and who is merely applying for a renewal of his license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that that Department has approved the applicant for registration under the Retailers' Occupation Tax Act. 6. A statement that the applicant has complied with the appropriate liability insurance requirement. A Certificate of Insurance in a solvent company authorized to do business in the State of Illinois shall be included with each application covering each location at which he proposes to act as a new vehicle dealer. The policy must provide liability coverage in the minimum amounts of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to, or death of, two or more persons in any one accident, and $50,000 for damage to property. Such policy shall expire not sooner than December 31 of the year for which the license was issued or renewed. The expiration of the insurance policy shall not terminate the liability under the policy arising during the period for which the policy was filed. Trailer and mobile home dealers are exempt from this requirement. The liability insurance policy must provide automobile liability coverage in the minimum amounts of $100,000 for bodily injury to or death of any person, $300,000 for bodily injury to or death of 2 or more persons in any one accident, and $50,000 for damage to property for any permitted user of the new vehicle dealer's automobile if the permitted user has no automobile liability insurance of his or her own or if the permitted user has automobile liability insurance in amounts of less than $100,000 for bodily injury to or death of any person, $300,000 for bodily injury to or death of 2 or more persons in any one accident, and $50,000 for damage to property. If the permitted user of the new vehicle dealer's automobile has automobile liability coverage in the minimum amounts of $100,000 for bodily injury to or death of any person, $300,000 for bodily injury to or death of 2 or more persons in any one accident, and $50,000 for damage to property, the permitted user's insurance shall be primary and the new vehicle dealer's insurance shall be secondary, unless the permitted user is "test driving" the new vehicle dealer's automobile. When a permitted user is "test driving" a new vehicle dealer's automobile, the new vehicle dealer's insurance shall be primary and the permitted user's insurance shall be secondary. As used in this paragraph 6, "test driving" occurs when a permitted user who, with the permission of the new vehicle dealer or an employee of the new vehicle dealer, drives a vehicle owned and held for sale or lease by a new vehicle dealer that the person is considering to purchase or lease, for the exclusive purpose of evaluating the performance, reliability, or condition of the vehicle. As used in this paragraph 6, a "permitted user" means a person who is not an officer, director, or employee or a spouse of
[May 9, 2002] 106 an officer, director, or employee of the new vehicle dealer and is permitted or authorized to drive a vehicle owned by the new vehicle dealer. 7. (A) An application for a new motor vehicle dealer's license shall be accompanied by the following license fees: $100 for applicant's established place of business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the license fee shall be $50 for applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. All moneys received by the Secretary of State as license fees under this Section shall be deposited into the Motor Vehicle Review Board Fund and shall be used to administer the Motor Vehicle Review Board under the Motor Vehicle Franchise Act. (B) An application for a new vehicle dealer's license, other than for a new motor vehicle dealer's license, shall be accompanied by the following license fees: $50 for applicant's established place of business, and $25 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the license fee shall be $25 for applicant's established place of business plus $12.50 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. 8. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, a partner, member, officer, director, trustee, manager or other principals in the business have not committed in the past 3 years any one violation as determined in any civil, criminal or administrative proceedings of any one of the following Acts: (A) The Anti Theft Laws of the Illinois Vehicle Code; (B) The Certificate of Title Laws of the Illinois Vehicle Code; (C) The Offenses against Registration and Certificates of Title Laws of the Illinois Vehicle Code; (D) The Dealers, Transporters, Wreckers and Rebuilders Laws of the Illinois Vehicle Code; (E) Section 21-2 of the Criminal Code of 1961, Criminal Trespass to Vehicles; or (F) The Retailers' Occupation Tax Act. 9. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in any calendar year 3 or more violations, as determined in any civil, criminal or administrative proceedings, of any one or more of the following Acts: (A) The Consumer Finance Act; (B) The Consumer Installment Loan Act; (C) The Retail Installment Sales Act; (D) The Motor Vehicle Retail Installment Sales Act; (E) The Interest Act; (F) The Illinois Wage Assignment Act; (G) Part 8 of Article XII of the Code of Civil Procedure; or (H) The Consumer Fraud Act. 10. A bond or certificate of deposit in the amount of $20,000 for each location at which the applicant intends to act as a new vehicle dealer. The bond shall be for the term of the license, or its renewal, for which application is made, and shall expire not sooner than December 31 of the year for which the license was issued or renewed. The bond shall run to the People of the State
107 [May 9, 2002] of Illinois, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a new vehicle dealer. 11. Such other information concerning the business of the applicant as the Secretary of State may by rule or regulation prescribe. 12. A statement that the applicant understands Chapter One through Chapter Five of this Code. (c) Any change which renders no longer accurate any information contained in any application for a new vehicle dealer's license shall be amended within 30 days after the occurrence of such change on such form as the Secretary of State may prescribe by rule or regulation, accompanied by an amendatory fee of $2. (d) Anything in this Chapter 5 to the contrary notwithstanding no person shall be licensed as a new vehicle dealer unless: 1. He is authorized by contract in writing between himself and the manufacturer or franchised distributor of such make of vehicle to so sell the same in this State, and 2. Such person shall maintain an established place of business as defined in this Act. (e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted to him under this Section and unless he makes a determination that the application submitted to him does not conform with the requirements of this Section or that grounds exist for a denial of the application, under Section 5-501 of this Chapter, grant the applicant an original new vehicle dealer's license in writing for his established place of business and a supplemental license in writing for each additional place of business in such form as he may prescribe by rule or regulation which shall include the following: 1. The name of the person licensed; 2. If a corporation, the name and address of its officers or if a sole proprietorship, a partnership, an unincorporated association or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee or manager; 3. In the case of an original license, the established place of business of the licensee; 4. In the case of a supplemental license, the established place of business of the licensee and the additional place of business to which such supplemental license pertains; 5. The make or makes of new vehicles which the licensee is licensed to sell. (f) The appropriate instrument evidencing the license or a certified copy thereof, provided by the Secretary of State, shall be kept posted conspicuously in the established place of business of the licensee and in each additional place of business, if any, maintained by such licensee. (g) Except as provided in subsection (h) hereof, all new vehicle dealer's licenses granted under this Section shall expire by operation of law on December 31 of the calendar year for which they are granted unless sooner revoked or cancelled under the provisions of Section 5-501 of this Chapter. (h) A new vehicle dealer's license may be renewed upon application and payment of the fee required herein, and submission of proof of coverage under an approved bond under the "Retailers' Occupation Tax Act" or proof that applicant is not subject to such bonding requirements, as in the case of an original license, but in case an application for the renewal of an effective license is made during the month of December, the effective license shall remain in force until the application is granted or denied by the Secretary of State. (i) All persons licensed as a new vehicle dealer are required to furnish each purchaser of a motor vehicle: 1. In the case of a new vehicle a manufacturer's statement of
[May 9, 2002] 108 origin and in the case of a used motor vehicle a certificate of title, in either case properly assigned to the purchaser; 2. A statement verified under oath that all identifying numbers on the vehicle agree with those on the certificate of title or manufacturer's statement of origin; 3. A bill of sale properly executed on behalf of such person; 4. A copy of the Uniform Invoice-transaction reporting return referred to in Section 5-402 hereof; 5. In the case of a rebuilt vehicle, a copy of the Disclosure of Rebuilt Vehicle Status; and 6. In the case of a vehicle for which the warranty has been reinstated, a copy of the warranty. (j) Except at the time of sale or repossession of the vehicle, no person licensed as a new vehicle dealer may issue any other person a newly created key to a vehicle unless the new vehicle dealer makes a copy of the driver's license or State identification card of the person requesting or obtaining the newly created key. The new vehicle dealer must retain the copy for 30 days. A new vehicle dealer who violates this subsection (j) is guilty of a petty offense. Violation of this subsection (j) is not cause to suspend, revoke, cancel, or deny renewal of the new vehicle dealer's license. This amendatory Act of 1983 shall be applicable to the 1984 registration year and thereafter. (Source: P.A. 92-391, eff. 8-16-01.) (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102) Sec. 5-102. Used vehicle dealers must be licensed. (a) No person, other than a licensed new vehicle dealer, shall engage in the business of selling or dealing in, on consignment or otherwise, 5 or more used vehicles of any make during the year (except house trailers as authorized by paragraph (j) of this Section and rebuilt salvage vehicles sold by their rebuilders to persons licensed under this Chapter), or act as an intermediary, agent or broker for any licensed dealer or vehicle purchaser (other than as a salesperson) or represent or advertise that he is so engaged or intends to so engage in such business unless licensed to do so by the Secretary of State under the provisions of this Section. (b) An application for a used vehicle dealer's license shall be filed with the Secretary of State, duly verified by oath, in such form as the Secretary of State may by rule or regulation prescribe and shall contain: 1. The name and type of business organization established and additional places of business, if any, in this State. 2. If the applicant is a corporation, a list of its officers, directors, and shareholders having a ten percent or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the names and residence address of the proprietor or of each partner, member, officer, director, trustee or manager. 3. A statement that the applicant has been approved for registration under the Retailers' Occupation Tax Act by the Department of Revenue. However, this requirement does not apply to a dealer who is already licensed hereunder with the Secretary of State, and who is merely applying for a renewal of his license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that the Department has approved the applicant for registration under the Retailers' Occupation Tax Act. 4. A statement that the applicant has complied with the appropriate liability insurance requirement. A Certificate of Insurance in a solvent company authorized to do business in the State of Illinois shall be included with each application covering each location at which he proposes to act as a used vehicle dealer. The policy must provide liability coverage in the minimum amounts
109 [May 9, 2002] of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to, or death of, two or more persons in any one accident, and $50,000 for damage to property. Such policy shall expire not sooner than December 31 of the year for which the license was issued or renewed. The expiration of the insurance policy shall not terminate the liability under the policy arising during the period for which the policy was filed. Trailer and mobile home dealers are exempt from this requirement. The liability insurance policy must provide automobile liability coverage in the minimum amounts of $100,000 for bodily injury to or death of any person, $300,000 for bodily injury to or death of 2 or more persons in any one accident, and $50,000 for damage to property for any permitted user of the used vehicle dealer's automobile if the permitted user has no automobile liability insurance of his or her own or if the permitted user has automobile liability insurance in amounts of less than $100,000 for bodily injury to or death of any person, $300,000 for bodily injury to or death of 2 or more persons in any one accident, and $50,000 for damage to property. If the permitted user of the used vehicle dealer's automobile has automobile liability coverage in the minimum amounts of $100,000 for bodily injury to or death of any person, $300,000 for bodily injury to or death of 2 or more persons in any one accident, and $50,000 for damage to property, the permitted user's insurance shall be primary and the used vehicle dealer's insurance shall be secondary, unless the permitted user is "test driving" the used vehicle dealer's automobile. When a permitted user is "test driving" a used vehicle dealer's automobile, the used vehicle dealer's insurance shall be primary and the permitted user's insurance shall be secondary. As used in this paragraph 4, "test driving" occurs when a permitted user who, with the permission of the used vehicle dealer or an employee of the used vehicle dealer, drives a vehicle owned and held for sale or lease by a used vehicle dealer that the person is considering to purchase or lease, for the exclusive purpose of evaluating the performance, reliability, or condition of the vehicle. As used in this paragraph 4, a "permitted user" means a person who is not an officer, director, or employee or a spouse of an officer, director, or employee of the used vehicle dealer and is permitted or authorized to drive a vehicle owned by the used vehicle dealer. 5. An application for a used vehicle dealer's license shall be accompanied by the following license fees: $50 for applicant's established place of business, and $25 for each additional place of business, if any, to which the application pertains; however, if the application is made after June 15 of any year, the license fee shall be $25 for applicant's established place of business plus $12.50 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. 6. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in the past 3 years any one violation as determined in any civil, criminal or administrative proceedings of any one of the following Acts: (A) The Anti Theft Laws of the Illinois Vehicle Code; (B) The Certificate of Title Laws of the Illinois Vehicle Code; (C) The Offenses against Registration and Certificates of Title Laws of the Illinois Vehicle Code; (D) The Dealers, Transporters, Wreckers and Rebuilders Laws of the Illinois Vehicle Code; (E) Section 21-2 of the Illinois Criminal Code of 1961, Criminal Trespass to Vehicles; or
[May 9, 2002] 110 (F) The Retailers' Occupation Tax Act. 7. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in any calendar year 3 or more violations, as determined in any civil or criminal or administrative proceedings, of any one or more of the following Acts: (A) The Consumer Finance Act; (B) The Consumer Installment Loan Act; (C) The Retail Installment Sales Act; (D) The Motor Vehicle Retail Installment Sales Act; (E) The Interest Act; (F) The Illinois Wage Assignment Act; (G) Part 8 of Article XII of the Code of Civil Procedure; or (H) The Consumer Fraud Act. 8. A bond or Certificate of Deposit in the amount of $20,000 for each location at which the applicant intends to act as a used vehicle dealer. The bond shall be for the term of the license, or its renewal, for which application is made, and shall expire not sooner than December 31 of the year for which the license was issued or renewed. The bond shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a used vehicle dealer. 9. Such other information concerning the business of the applicant as the Secretary of State may by rule or regulation prescribe. 10. A statement that the applicant understands Chapter 1 through Chapter 5 of this Code. (c) Any change which renders no longer accurate any information contained in any application for a used vehicle dealer's license shall be amended within 30 days after the occurrence of each change on such form as the Secretary of State may prescribe by rule or regulation, accompanied by an amendatory fee of $2. (d) Anything in this Chapter to the contrary notwithstanding, no person shall be licensed as a used vehicle dealer unless such person maintains an established place of business as defined in this Chapter. (e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted to him under this Section. Unless the Secretary makes a determination that the application submitted to him does not conform to this Section or that grounds exist for a denial of the application under Section 5-501 of this Chapter, he must grant the applicant an original used vehicle dealer's license in writing for his established place of business and a supplemental license in writing for each additional place of business in such form as he may prescribe by rule or regulation which shall include the following: 1. The name of the person licensed; 2. If a corporation, the name and address of its officers or if a sole proprietorship, a partnership, an unincorporated association or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee or manager; 3. In case of an original license, the established place of business of the licensee; 4. In the case of a supplemental license, the established place of business of the licensee and the additional place of business to which such supplemental license pertains. (f) The appropriate instrument evidencing the license or a certified copy thereof, provided by the Secretary of State shall be kept posted, conspicuously, in the established place of business of the licensee and in each additional place of business, if any, maintained
111 [May 9, 2002] by such licensee. (g) Except as provided in subsection (h) of this Section, all used vehicle dealer's licenses granted under this Section expire by operation of law on December 31 of the calendar year for which they are granted unless sooner revoked or cancelled under Section 5-501 of this Chapter. (h) A used vehicle dealer's license may be renewed upon application and payment of the fee required herein, and submission of proof of coverage by an approved bond under the "Retailers' Occupation Tax Act" or proof that applicant is not subject to such bonding requirements, as in the case of an original license, but in case an application for the renewal of an effective license is made during the month of December, the effective license shall remain in force until the application for renewal is granted or denied by the Secretary of State. (i) All persons licensed as a used vehicle dealer are required to furnish each purchaser of a motor vehicle: 1. A certificate of title properly assigned to the purchaser; 2. A statement verified under oath that all identifying numbers on the vehicle agree with those on the certificate of title; 3. A bill of sale properly executed on behalf of such person; 4. A copy of the Uniform Invoice-transaction reporting return referred to in Section 5-402 of this Chapter; 5. In the case of a rebuilt vehicle, a copy of the Disclosure of Rebuilt Vehicle Status; and 6. In the case of a vehicle for which the warranty has been reinstated, a copy of the warranty. (j) A real estate broker holding a valid certificate of registration issued pursuant to "The Real Estate Brokers and Salesmen License Act" may engage in the business of selling or dealing in house trailers not his own without being licensed as a used vehicle dealer under this Section; however such broker shall maintain a record of the transaction including the following: (1) the name and address of the buyer and seller, (2) the date of sale, (3) a description of the mobile home, including the vehicle identification number, make, model, and year, and (4) the Illinois certificate of title number. The foregoing records shall be available for inspection by any officer of the Secretary of State's Office at any reasonable hour. (k) Except at the time of sale or repossession of the vehicle, no person licensed as a used vehicle dealer may issue any other person a newly created key to a vehicle unless the used vehicle dealer makes a copy of the driver's license or State identification card of the person requesting or obtaining the newly created key. The used vehicle dealer must retain the copy for 30 days. A used vehicle dealer who violates this subsection (k) is guilty of a petty offense. Violation of this subsection (k) is not cause to suspend, revoke, cancel, or deny renewal of the used vehicle dealer's license. (Source: P.A. 92-391, eff. 8-16-01.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4975 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5000
[May 9, 2002] 112 A bill for AN ACT in relation to alcoholic liquor. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 3 to HOUSE BILL NO. 5000. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 3. Amend House Bill 5000 by replacing everything after the enacting clause with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Sections 3-12 and 6-11 as follows: (235 ILCS 5/3-12) (from Ch. 43, par. 108) Sec. 3-12. Powers and duties of State Commission. (a) The State commission shall have the following powers, functions and duties: (1) To receive applications and to issue licenses to manufacturers, foreign importers, importing distributors, distributors, non-resident dealers, on premise consumption retailers, off premise sale retailers, special event retailer licensees, special use permit licenses, auction liquor licenses, brew pubs, caterer retailers, non-beverage users, railroads, including owners and lessees of sleeping, dining and cafe cars, airplanes, boats, brokers, and wine maker's premises licensees in accordance with the provisions of this Act, and to suspend or revoke such licenses upon the State commission's determination, upon notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. In lieu of suspending or revoking a license, the commission may impose a fine, upon the State commission's determination and notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. The fine imposed under this paragraph may not exceed $500 for each violation. Each day that the activity, which gave rise to the original fine, continues is a separate violation. The maximum fine that may be levied against any licensee, for the period of the license, shall not exceed $20,000. The maximum penalty that may be imposed on a licensee for selling a bottle of alcoholic liquor with a foreign object in it or serving from a bottle of alcoholic liquor with a foreign object in it shall be the destruction of that bottle of alcoholic liquor for the first 10 bottles so sold or served from by the licensee. For the eleventh bottle of alcoholic liquor and for each third bottle thereafter sold or served from by the licensee with a foreign object in it, the maximum penalty that may be imposed on the licensee is the destruction of the bottle of alcoholic liquor and a fine of up to $50. (2) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary to carry on its functions and duties to the end that the health, safety and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby. (3) To call upon other administrative departments of the State, county and municipal governments, county and city police departments and upon prosecuting officers for such information and assistance as it deems necessary in the performance of its duties. (4) To recommend to local commissioners rules and
113 [May 9, 2002] regulations, not inconsistent with the law, for the distribution and sale of alcoholic liquors throughout the State. (5) To inspect, or cause to be inspected, any premises in this State where alcoholic liquors are manufactured, distributed, warehoused, or sold. (5.1) Upon receipt of a complaint or upon having knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, to notify the local liquor authority, file a complaint with the State's Attorney's Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials. (5.2) To issue a cease and desist notice to persons shipping alcoholic liquor into this State from a point outside of this State if the shipment is in violation of this Act. (5.3) To receive complaints from licensees, local officials, law enforcement agencies, organizations, and persons stating that any licensee has been or is violating any provision of this Act or the rules and regulations issued pursuant to this Act. Such complaints shall be in writing, signed and sworn to by the person making the complaint, and shall state with specificity the facts in relation to the alleged violation. If the Commission has reasonable grounds to believe that the complaint substantially alleges a violation of this Act or rules and regulations adopted pursuant to this Act, it shall conduct an investigation. If, after conducting an investigation, the Commission is satisfied that the alleged violation did occur, it shall proceed with disciplinary action against the licensee as provided in this Act. (6) To hear and determine appeals from orders of a local commission in accordance with the provisions of this Act, as hereinafter set forth. Hearings under this subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing. (7) The commission shall establish uniform systems of accounts to be kept by all retail licensees having more than 4 employees, and for this purpose the commission may classify all retail licensees having more than 4 employees and establish a uniform system of accounts for each class and prescribe the manner in which such accounts shall be kept. The commission may also prescribe the forms of accounts to be kept by all retail licensees having more than 4 employees, including but not limited to accounts of earnings and expenses and any distribution, payment, or other distribution of earnings or assets, and any other forms, records and memoranda which in the judgment of the commission may be necessary or appropriate to carry out any of the provisions of this Act, including but not limited to such forms, records and memoranda as will readily and accurately disclose at all times the beneficial ownership of such retail licensed business. The accounts, forms, records and memoranda shall be available at all reasonable times for inspection by authorized representatives of the State commission or by any local liquor control commissioner or his or her authorized representative. The commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts. (8) In the conduct of any hearing authorized to be held by the commission, to appoint, at the Commission's discretion, hearing officers to conduct hearings involving complex issues or issues that will require a protracted period of time to resolve, to examine, or cause to be examined, under oath, any licensee, and to examine or cause to be examined the books and records of such licensee; to hear testimony and take proof material for its information in the discharge of its duties hereunder; to administer or cause to be administered oaths;
[May 9, 2002] 114 of this State, and to adopt rules to implement its powers under this paragraph (8). Any Circuit Court may by order duly entered, require the attendance of witnesses and the production of relevant books subpoenaed by the State commission and the court may compel obedience to its order by proceedings for contempt. (9) To investigate the administration of laws in relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time to the Governor and through him or her to the legislature of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof. (10) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of an accident, wreck, flood, fire or other similar occurrence. (11) To develop industry educational programs related to responsible serving and selling, particularly in the areas of overserving consumers and illegal underage purchasing and consumption of alcoholic beverages. (11.1) To license persons providing education and training to alcohol beverage sellers and servers under the Beverage Alcohol Sellers and Servers Education and Training (BASSET) programs and to develop and administer a public awareness program in Illinois to reduce or eliminate the illegal purchase and consumption of alcoholic beverage products by persons under the age of 21. Application for a license shall be made on forms provided by the State Commission. (12) To develop and maintain a repository of license and regulatory information. (13) On or before January 15, 1994, the Commission shall issue a written report to the Governor and General Assembly that is to be based on a comprehensive study of the impact on and implications for the State of Illinois of Section 1926 of the Federal ADAMHA Reorganization Act of 1992 (Public Law 102-321). This study shall address the extent to which Illinois currently complies with the provisions of P.L. 102-321 and the rules promulgated pursuant thereto. As part of its report, the Commission shall provide the following essential information: (i) the number of retail distributors of tobacco products, by type and geographic area, in the State; (ii) the number of reported citations and successful convictions, categorized by type and location of retail distributor, for violation of the Sale of Tobacco to Minors Act and the Smokeless Tobacco Limitation Act; (iii) the extent and nature of organized educational and governmental activities that are intended to promote, encourage or otherwise secure compliance with any Illinois laws that prohibit the sale or distribution of tobacco products to minors; and (iv) the level of access and availability of tobacco products to individuals under the age of 18. To obtain the data necessary to comply with the provisions of P.L. 102-321 and the requirements of this report, the Commission shall conduct random, unannounced inspections of a geographically and scientifically representative sample of the State's retail tobacco distributors. The Commission shall consult with the Department of Public Health, the Department of Human Services, the Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report. The Commission may contract with the Food and Drug Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine
115 [May 9, 2002] compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18. (b) On or before April 30, 1999, the Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of this amendatory Act of 1998 on the business of soliciting, selling, and shipping alcoholic liquor from outside of this State directly to residents of this State. As part of its report, the Commission shall provide the following information: (i) the amount of State excise and sales tax revenues generated as a result of this amendatory Act of 1998; (ii) the amount of licensing fees received as a result of this amendatory Act of 1998; (iii) the number of reported violations, the number of cease and desist notices issued by the Commission, the number of notices of violations issued to the Department of Revenue, and the number of notices and complaints of violations to law enforcement officials. (Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00; 92-378, eff. 8-16-01.) (235 ILCS 5/6-11) (from Ch. 43, par. 127) Sec. 6-11. No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on if the place of business so exempted is not located in a municipality of more than 500,000 persons, unless required by local ordinance; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor to a restaurant, the primary business of which is the sale of goods baked on the premises if (i) the restaurant is newly constructed and located on a lot of not less than 10,000 square feet, (ii) the restaurant costs at least $1,000,000 to construct, (iii) the licensee is the titleholder to the premises and resides on the premises, and (iv) the construction of the restaurant is completed within 18 months of the effective date of this amendatory Act of 1998. Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant, (2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership, and (3) the restaurant is located 75 or more feet from a school. In the interest of further developing Illinois' economy in the area of commerce, tourism, convention, and banquet business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant, banquet facility, grocery store, or hotel having not fewer than 150 guest room accommodations located in a municipality of more than 500,000 persons, notwithstanding the proximity of such hotel, restaurant, banquet facility, or grocery store to any church or school, if the licensed premises described on the license are located within an enclosed mall or building of a height
[May 9, 2002] 116 of at least 6 stories, or 60 feet in the case of a building that has been registered as a national landmark, or in a grocery store having a minimum of 56,010 square feet of floor space in a single story building in an open mall of at least 3.96 acres that is adjacent to a public school that opened as a boys technical high school in 1934, and in each of these cases if the sale of alcoholic liquors is not the principal business carried on by the licensee. For purposes of this Section, a "banquet facility" is any part of a building that caters to private parties and where the sale of alcoholic liquors is not the principal business. Nothing in this Section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors. Nothing in this Section shall prohibit a church or church affiliated school located in a home rule municipality or in a municipality with 75,000 or more inhabitants from locating within 100 feet of a property for which there is a preexisting license to sell alcoholic liquor at retail. In these instances, the local zoning authority may, by ordinance adopted simultaneously with the granting of an initial special use zoning permit for the church or church affiliated school, provide that the 100-foot restriction in this Section shall not apply to that church or church affiliated school and future retail liquor licenses. (Source: P.A. 90-617, eff. 7-10-98; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; 91-623, eff. 1-1-00.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 3 to HOUSE BILL 5000 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5076 A bill for AN ACT in relation to child support. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5076. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5076 by replacing everything after the enacting clause with the following: "Section 5. The Code of Civil Procedure is amended by changing Section 2-202 as follows: (735 ILCS 5/2-202) (from Ch. 110, par. 2-202) Sec. 2-202. Persons authorized to serve process; Place of service; Failure to make return. (a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. A sheriff of a
117 [May 9, 2002] county with a population of less than 1,000,000 may employ civilian personnel to serve process. In counties with a population of less than 1,000,000, and in counties with a population of 1,000,000 or more when process is to be served in a case in which a party is receiving child support enforcement services under Article X of the Illinois Public Aid Code, process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993 or by a registered employee of a private detective agency certified under that Act. A private detective or licensed employee must supply the sheriff of any county in which he serves process with a copy of his license or certificate; however, the failure of a person to supply the copy shall not in any way impair the validity of process served by the person. The court may, in its discretion upon motion, order service to be made by a private person over 18 years of age and not a party to the action. It is not necessary that service be made by a sheriff or coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit. (a-5) Upon motion and in its discretion, the court may appoint as a special process server a private detective agency certified under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993. Under the appointment, any employee of the private detective agency who is registered under that Act may serve the process. The motion and the order of appointment must contain the number of the certificate issued to the private detective agency by the Department of Professional Regulation under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993. (b) Summons may be served upon the defendants wherever they may be found in the State, by any person authorized to serve process. An officer may serve summons in his or her official capacity outside his or her county, but fees for mileage outside the county of the officer cannot be taxed as costs. The person serving the process in a foreign county may make return by mail. (c) If any sheriff, coroner, or other person to whom any process is delivered, neglects or refuses to make return of the same, the plaintiff may petition the court to enter a rule requiring the sheriff, coroner, or other person, to make return of the process on a day to be fixed by the court, or to show cause on that day why that person should not be attached for contempt of the court. The plaintiff shall then cause a written notice of the rule to be served on the sheriff, coroner, or other person. If good and sufficient cause be not shown to excuse the officer or other person, the court shall adjudge him or her guilty of a contempt, and shall impose punishment as in other cases of contempt. (d) If process is served by a sheriff or coroner, the court may tax the fee of the sheriff or coroner as costs in the proceeding. If process is served by a private person or entity, the court may establish a fee therefor and tax such fee as costs in the proceedings. (e) In addition to the powers stated in Section 8.1a of the Housing Authorities Act, in counties with a population of 3,000,000 or more inhabitants, members of a housing authority police force may serve process for forcible entry and detainer actions commenced by that housing authority and may execute orders of possession for that housing authority. (f) In counties with a population of 3,000,000 or more, process may be served, with special appointment by the court, by a private process server or a law enforcement agency other than the county sheriff in proceedings instituted under the Forcible Entry and Detainer Article of this Code as a result of a lessor or lessor's assignee declaring a lease void pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act. (Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.) Section 99. Effective date. This Act takes effect on July 1, 2002.".
[May 9, 2002] 118 The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5076 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5002 A bill for AN ACT in relation to criminal law. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 3 to HOUSE BILL NO. 5002. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 3. Amend House Bill 5002 by replacing everything after the enacting clause with the following: "Section 5. The Abused and Neglected Child Reporting Act is amended by changing Sections 2, 3, 4, 4.02, 7, 7.1, 7.4, and 7.14 as follows: (325 ILCS 5/2) (from Ch. 23, par. 2052) Sec. 2. The Illinois Department of Children and Family Services shall, upon receiving reports made under this Act, protect the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect, offer protective services in order to prevent any further harm to the child and to other children in the same environment or family, stabilize the home environment, and preserve family life whenever possible. Recognizing that children also can be abused and neglected while living in public or private residential agencies or institutions meant to serve them, while attending day care centers,
119 [May 9, 2002] death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (c)
[May 9, 2002] 120 subject to abuse or neglect. "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; but such place shall not be a jail or other place for the detention of criminal or juvenile offenders. "An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible evidence of abuse or neglect exists. "An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged abuse or neglect exists. "An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department. "Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of this Act and his or her parent, guardian or other person responsible who is also named in the report. "Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse or neglect. "Member of the clergy" means a clergyman or practitioner of any religious denomination accredited by the religious body to which he or she belongs. (Source: P.A. 91-802, eff. 1-1-01; 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.) (325 ILCS 5/4) (from Ch. 23, par. 2054) Sec. 4. Persons required to report; privileged communications; transmitting false report. Any physician, resident, intern, hospital, hospital administrator and personnel engaged in examination, care and treatment of persons, surgeon, dentist, dentist hygienist, osteopath, chiropractor, podiatrist, physician assistant, substance abuse treatment personnel, Christian Science practitioner, funeral home director or employee, coroner, medical examiner, emergency medical technician, acupuncturist, crisis line or hotline personnel, school personnel, educational advocate assigned to a child pursuant to the School Code, truant officers, social worker, social services administrator, domestic violence program personnel, registered nurse, licensed practical nurse, respiratory care practitioner, advanced practice nurse, home health aide, director or staff assistant of a nursery school or a child day care center, recreational program or facility personnel, law enforcement officer, registered psychologist and assistants working under the direct supervision of a psychologist, psychiatrist, or field personnel of the Illinois Department of Public Aid, Public Health, Human Services (acting as successor to the Department of Mental Health and Developmental Disabilities, Rehabilitation Services, or Public Aid), Corrections, Human Rights, or Children and Family Services, supervisor and administrator of general assistance under the Illinois Public Aid Code, probation officer, or any other foster parent, homemaker or child care worker having reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made to the Department. Any member of the clergy having reasonable cause to believe that a child known to that member of the clergy in his or her professional capacity may be an abused child as defined in item (c) of the definition of "abused child" in Section 3 of this Act shall immediately report or cause a report to be made to the Department. Whenever such person is required to report under this Act in his capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, or as a member of the clergy, he shall make report immediately to the Department in accordance with the provisions of this Act and may also notify the person in charge of such institution, school, facility or agency, or
121 [May 9, 2002] church, synagogue, temple, mosque, or other religious institution, or his designated agent that such report has been made. Under no circumstances shall any person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other religious institution, or his designated agent to whom such notification has been made, exercise any control, restraint, modification or other change in the report or the forwarding of such report to the Department. The privileged quality of communication between any professional person required to report and his patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report as required by this Act. A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil Procedure. In addition to the above persons required to report suspected cases of abused or neglected children, any other person may make a report if such person has reasonable cause to believe a child may be an abused child or a neglected child. Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under this Act, shall sign a statement on a form prescribed by the Department, to the effect that the employee has knowledge and understanding of the reporting requirements of this Act. The statement shall be signed prior to commencement of the employment. The signed statement shall be retained by the employer. The cost of printing, distribution, and filing of the statement shall be borne by the employer. The Department shall provide copies of this Act, upon request, to all employers employing persons who shall be required under the provisions of this Section to report under this Act. Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the "Criminal Code of 1961". Any person who violates this provision a second or subsequent time shall be guilty of a Class 4 felony. Any person who knowingly and willfully violates any provision of this Section other than a second or subsequent violation of transmitting a false report as described in the preceding paragraph, is
[May 9, 2002] 122 immediately by telephone to the central register established under Section 7.7 on the single, State-wide, toll-free telephone number established in Section 7.6, or in person or by telephone through the nearest Department office. The Department shall, in cooperation with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in Section 7.6, including methods of making a report under this Act. The Department may, in cooperation with appropriate members of the clergy, distribute appropriate materials in churches, synagogues, temples, mosques, or other religious buildings listing the toll-free telephone number established in Section 7.6, including methods of making a report under this Act. Wherever the Statewide number is posted, there shall also be posted the following notice: "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal Code of 1961. A first violation of this subsection is a Class A misdemeanor, punishable by a term of imprisonment for up to one year, or by a fine not to exceed $1,000, or by both such term and fine. A second or subsequent violation is a Class 4 felony." The report required by this Act shall include, if known, the name and address of the child and his parents or other persons having his custody; the child's age; the nature of the child's condition including any evidence of previous injuries or disabilities; and any other information that the person filing the report believes might be helpful in establishing the cause of such abuse or neglect and the identity of the person believed to have caused such abuse or neglect. Reports made to the central register through the State-wide, toll-free telephone number shall be immediately transmitted to the appropriate Child Protective Service Unit. The Department shall within 24 hours orally notify local law enforcement personnel and the office of the State's Attorney of the involved county of the receipt of any report alleging the death of a child, serious injury to a child including, but not limited to, brain damage, skull fractures, subdural hematomas, and, internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a child age twelve and under. All oral reports made by the Department to local law enforcement personnel and the office of the State's Attorney of the involved county shall be confirmed in writing within 48 hours of the oral report. All reports by persons mandated to report under this Act shall be confirmed in writing to the appropriate Child Protective Service Unit, which may be on forms supplied by the Department, within 48 hours of any initial report. Written confirmation reports from persons not required to report by this Act may be made to the appropriate Child Protective Service Unit. Written reports from persons required by this Act to report shall be admissible in evidence in any judicial proceeding relating to child abuse or neglect. Reports involving known or suspected child abuse or neglect in public or private residential agencies or institutions shall be made and received in the same manner as all other reports made under this Act. (Source: P.A. 89-187, eff. 7-19-95.) (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1) Sec. 7.1. (a) To the fullest extent feasible, the Department shall cooperate with and shall seek the cooperation and involvement of all appropriate public and private agencies, including health, education, social service and law enforcement agencies, religious institutions, courts of competent jurisdiction, and agencies, organizations, or programs providing or concerned with human services related to the prevention, identification or treatment of child abuse or neglect. Such cooperation and involvement shall include joint consultation and services, joint planning, joint case management, joint public education and information services, joint utilization of facilities,
123 [May 9, 2002] joint staff development and other training, and the creation of multidisciplinary case diagnostic, case handling, case management, and policy planning teams. Such cooperation and involvement shall also include consultation and planning with the Illinois Department of Human Services regarding referrals to designated perinatal centers of newborn children requiring protective custody under this Act, whose life or development may be threatened by a developmental disability or handicapping condition. For implementing such intergovernmental cooperation and involvement, units of local government and public and private agencies may apply for and receive federal or State funds from the Department under this Act or seek and receive gifts from local philanthropic or other private local sources in order to augment any State funds appropriated for the purposes of this Act. (b) The Department may establish up to 5 demonstrations of multidisciplinary teams to advise, review and monitor cases of child abuse and neglect brought by the Department or any member of the team. The Director shall determine the criteria by which certain cases of child abuse or neglect are brought to the multidisciplinary teams. The criteria shall include but not be limited to geographic area and classification of certain cases where allegations are of a severe nature. Each multidisciplinary team shall consist of 7 to 10 members appointed by the Director, including, but not limited to representatives from the medical, mental health, educational, juvenile justice, law enforcement and social service fields. (Source: P.A. 89-507, eff. 7-1-97.) (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4) Sec. 7.4. (a) The Department shall be capable of receiving reports of suspected child abuse or neglect 24 hours a day, 7 days a week. Whenever the Department receives a report alleging that a child is a truant as defined in Section 26-2a of The School Code, as now or hereafter amended, the Department shall notify the superintendent of the school district in which the child resides and the appropriate superintendent of the educational service region. The notification to the appropriate officials by the Department shall not be considered an allegation of abuse or neglect under this Act. (b) (1) The following procedures shall be followed in the investigation of all reports of suspected abuse or neglect of a child, except as provided in subsection (c) of this Section. (2) If it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child disappear, or that the facts otherwise so warrant, the Child Protective Service Unit shall commence an investigation immediately, regardless of the time of day or night. In all other cases, investigation shall be commenced within 24 hours of receipt of the report. Upon receipt of a report, the Child Protective Service Unit shall make an initial investigation and an initial determination whether the report is a good faith indication of alleged child abuse or neglect. (3) If the Unit determines the report is a good faith indication of alleged child abuse or neglect, then a formal investigation shall commence and, pursuant to Section 7.12 of this Act, may or may not result in an indicated report. The formal investigation shall include: direct contact with the subject or subjects of the report as soon as possible after the report is received; an evaluation of the environment of the child named in the report and any other children in the same environment; a determination of the risk to such children if they continue to remain in the existing environments, as well as a determination of the nature, extent and cause of any condition enumerated in such report; the name, age and condition of other children in the environment; and an evaluation as to whether there would be an immediate and urgent necessity to remove the child from the environment if appropriate family preservation services were provided. After seeing to the safety of the child or children, the Department shall forthwith notify the subjects of the report in writing, of the existence of the report and their rights existing under this Act in regard to amendment or expungement. To fulfill the requirements of this
[May 9, 2002] 124 Section, the Child Protective Service Unit shall have the capability of providing or arranging for comprehensive emergency services to children and families at all times of the day or night. (4) If (i) at the conclusion of the Unit's initial investigation of a report, the Unit determines the report to be a good faith indication of alleged child abuse or neglect that warrants a formal investigation by the Unit, the Department, any law enforcement agency or any other responsible agency and (ii) the person who is alleged to have caused the abuse or neglect is employed or otherwise engaged in an activity resulting in frequent contact with children and the alleged abuse or neglect are in the course of such employment or activity, then the Department shall, except in investigations where the Director determines that such notification would be detrimental to the Department's investigation, inform the appropriate supervisor or administrator of that employment or activity that the Unit has commenced a formal investigation pursuant to this Act, which may or may not result in an indicated report. The Department shall also notify the person being investigated, unless the Director determines that such notification would be detrimental to the Department's investigation. (c) In an investigation of a report of suspected abuse or neglect of a child by a school employee at a school or on school grounds, the Department shall make reasonable efforts to follow the following procedures: (1) Investigations involving teachers shall not, to the extent possible, be conducted when the teacher is scheduled to conduct classes. Investigations involving other school employees shall be conducted so as to minimize disruption of the school day. The school employee accused of child abuse or neglect may have his superior, his association or union representative and his attorney present at any interview or meeting at which the teacher or administrator is present. The accused school employee shall be informed by a representative of the Department, at any interview or meeting, of the accused school employee's due process rights and of the steps in the investigation process. The information shall include, but need not necessarily be limited to the right, subject to the approval of the Department, of the school employee to confront the accuser, if the accuser is 14 years of age or older, or the right to review the specific allegations which gave rise to the investigation, and the right to review all materials and evidence that have been submitted to the Department in support of the allegation. These due process rights shall also include the right of the school employee to present countervailing evidence regarding the accusations. (2) If a report of neglect or abuse of a child by a teacher or administrator does not involve allegations of sexual abuse or extreme physical abuse, the Child Protective Service Unit shall make reasonable efforts to conduct the initial investigation in coordination with the employee's supervisor. If the Unit determines that the report is a good faith indication of potential child abuse or neglect, it shall then commence a formal investigation under paragraph (3) of subsection (b) of this Section. (3) If a report of neglect or abuse of a child by a teacher or administrator involves an allegation of sexual abuse or extreme physical abuse, the Child Protective Unit shall commence an investigation under paragraph (2) of subsection (b) of this Section. (d) If the Department has contact with an employer, or with a religious institution or religious official having supervisory or hierarchical authority over a member of the clergy accused of the abuse of a child, in the course of its investigation, the Department shall notify the employer or the religious institution or religious official, in writing, when a report is unfounded so that any record of the investigation can be expunged from the employee's or member of the clergy's personnel or other records. The Department shall also notify the employee or the member of the clergy, in writing, that notification
125 [May 9, 2002] has been sent to the employer or to the appropriate religious institution or religious official informing the employer or religious institution or religious official that the Department's investigation has resulted in an unfounded report. (e) Upon request by the Department, the Department of State Police and law enforcement agencies are authorized to provide criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Department of State Police Law (20 ILCS 2605/2605-355) to properly designated employees of the Department of Children and Family Services if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The request shall be in the form and manner required by the Department of State Police. Any information obtained by the Department of Children and Family Services under this Section is confidential and may not be transmitted outside the Department of Children and Family Services other than to a court of competent jurisdiction or unless otherwise authorized by law. Any employee of the Department of Children and Family Services who transmits confidential information in violation of this Section or causes the information to be transmitted in violation of this Section is guilty of a Class A misdemeanor unless the transmittal of the information is authorized by this Section or otherwise authorized by law. (Source: P.A. 91-239, eff. 1-1-00.) (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14) Sec. 7.14. All reports in the central register shall be classified in one of three categories: "indicated", "unfounded" or "undetermined", as the case may be. After the report is classified, the person making the classification shall determine whether the child named in the report is the subject of an action under Article II of the Juvenile Court Act of 1987. If the child is the subject of an action under Article II of the Juvenile Court Act, the Department shall transmit a copy of the report to the guardian ad litem appointed for the child under Section 2-17 of the Juvenile Court Act. All information identifying the subjects of an unfounded report shall be expunged from the register forthwith, except as provided in Section 7.7. Unfounded reports may only be made available to the Child Protective Service Unit when investigating a subsequent report of suspected abuse or maltreatment involving a child named in the unfounded report; and to the subject of the report, provided that the subject requests the report within 60 days of being notified that the report was unfounded. The Child Protective Service Unit shall not indicate the subsequent report solely based upon the existence of the prior unfounded report or reports. Notwithstanding any other provision of law to the contrary, an unfounded report shall not be admissible in any judicial or administrative proceeding or action. Identifying information on all other records shall be removed from the register no later than 5 years after the report is indicated. However, if another report is received involving the same child, his sibling or offspring, or a child in the care of the persons responsible for the child's welfare, or involving the same alleged offender, the identifying information may be maintained in the register until 5 years after the subsequent case or report is closed. Notwithstanding any other provision of this Section, identifying information in indicated reports involving the sexual abuse of a child, the death of a child, or serious physical injury to a child as defined by the Department in rules, may be retained longer than 5 years after the report is indicated or after the subsequent case or report is closed, and may not be removed from the register except as provided by the Department in rules. (Source: P.A. 90-15, eff. 6-13-97.) Section 10. The Criminal Code of 1961 is amended by changing Section 3-6 as follows: (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
[May 9, 2002] 126 Sec. 3-6. Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3-5 or other applicable statute is extended under the following conditions: (a) A prosecution for theft involving a breach of a fiduciary obligation to the aggrieved person may be commenced as follows: (1) If the aggrieved person is a minor or a person under legal disability, then during the minority or legal disability or within one year after the termination thereof. (2) In any other instance, within one year after the discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable. (b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable. (c) Except as otherwise provided in subdivision (i) or (j) of this Section, a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 12-12 of this Code, where the victim and defendant are family members, as defined in Section 12-12 of this Code, may be commenced within one year of the victim attaining the age of 18 years. (d) A prosecution for child pornography, indecent solicitation of a child, soliciting for a juvenile prostitute, juvenile pimping or exploitation of a child may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. (e) Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 12-12 of this Code, where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within one year after the discovery of the offense by the victim. (f) A prosecution for any offense set forth in Section 44 of the "Environmental Protection Act", approved June 29, 1970, as amended, may be commenced within 5 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 5 years after the proper prosecuting officer becomes aware of the offense. (g) (Blank). (h) (Blank). (i) Except as otherwise provided in subdivision (j), a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 2 years after the commission of the offense.
127 [May 9, 2002]
[May 9, 2002] 128 computer diagnostic test. The report shall include the number of failures, the reason for each failure, the number of vehicle damage complaints, and the average wait time at the test stations."; and on page 4, line 10, by replacing "regulations." with "regulations, or for vehicles with known on-board diagnostic communications or software problems, as determined by the Agency.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5255 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5343 A bill for AN ACT relating to education. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5343. Senate Amendment No. 2 to HOUSE BILL NO. 5343. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5343 on page 1, by replacing lines 30 and 31 with the following: "
129 [May 9, 2002] Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5368. Senate Amendment No. 2 to HOUSE BILL NO. 5368. Senate Amendment No. 3 to HOUSE BILL NO. 5368. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5368 on page 1 by replacing everything after the enacting clause with the following: "(60 ILCS 1/60-5) Sec. 60-5. Filling vacancies in township offices. Except for the office of township or multi-township assessor, if a township fails to elect the number of township officers that the township is entitled to by law, or a person elected to any township office fails to qualify, or a vacancy in any township office occurs for any other reason, then the township board shall fill the vacancy by appointment, by warrant under their signatures and seals, and the persons so appointed shall hold their respective offices for the remainder of the unexpired terms. No office holder vacating his or her office shall be eligible to vote for his or her replacement. If a township clerk vacates his or her office upon death or at the time of his or her resignation or removal from office, then the township board shall appoint an interim clerk until a permanent replacement can be appointed. All persons so appointed shall have the same powers and duties and are subject to the same penalties as if they had been elected or appointed for a full term of office. A vacancy in the office of township or multi-township assessor shall be filled only as provided in the Property Tax Code. If a vacancy on the township board is not filled within 60 days, then a special township meeting must be called under Section 35-5 to select a replacement under Section 35-35. Except as otherwise provided in this Section, whenever any township or multi-township office becomes vacant or temporarily vacant due to a physical incapacity of a township officer, the township or multi-township board may temporarily appoint a deputy to perform the ministerial functions of the vacant office until the physically incapacitated township officer submits a written statement to the appropriate board that he or she is physically able to perform his or her duty. The statement shall be sworn to before an officer authorized to administer oaths in this State. A temporary deputy shall not be permitted to vote at any meeting of the township board on any matter properly before the board. The compensation of a temporary deputy shall be determined by the appropriate board. The township board shall not appoint a deputy clerk if the township clerk has appointed a deputy clerk under Section 75-45. Any person appointed to fill a vacancy under this Section shall be a member of the same political party as the person vacating the office if the person vacating the office was elected as a member of an established political party, under Section 10-2 of the Election Code, that is still in existence at the time of appointment. The appointee shall establish his or her political party affiliation by his or her record of voting in party primary elections or by holding or having held an office in a political party organization before appointment. If the appointee has not voted in a party primary election or is not holding or has not held an office in a political party organization before the appointment, then the appointee shall establish his or her political party affiliation by his or her record of participating in a political party's nomination or election caucus.
[May 9, 2002] 130 (Source: P.A. 90-748, eff. 8-14-98.)". AMENDMENT NO. 2. Amend House Bill 5368, AS AMENDED, by inserting the following immediately below the enacting clause: "Section 5. The Township Code is amended by changing Section 60-5 as follows:". AMENDMENT NO. 3. Amend House Bill 5368, AS AMENDED, by inserting the following in its proper numeric sequence: "Section 1. The Township Code is amended by changing Section 35-55 as follows: (60 ILCS 1/35-55) Sec. 35-55. Senior citizens services; authorization of tax levy. (a) The electors may authorize the township board to levy a tax (at a rate of not more than 0.15% of the value, as equalized and assessed by the Department of Revenue, of all taxable property in the township) for the sole and exclusive purpose of providing services to senior citizens under Article 220 including, but not limited to, the construction, maintenance, repair, and operation of a senior citizens center
131 [May 9, 2002] Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO.1. Amend House Bill 5596 on page 1, by inserting the following after line 8: "(a) A party seeking coverage under a policy as an additional insured must also tender the defense and indemnity of the claim or loss to any other insurer that also provides coverage for the claim or loss, including, but not limited to, that party's own insurer. (b) The allocation of the defense and indemnity for an insured or an additional insured who may be covered for a claim or loss under 2 or more policies of insurance shall be determined by the terms of the particular policies of insurance and shall not be determined on the basis of the insured's, additional insured's, or an insurer's selection of a particular policy of insurance to respond to the claim or loss.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5596 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5610 A bill for AN ACT in relation to vehicles. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5610. Senate Amendment No. 2 to HOUSE BILL NO. 5610. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5610 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by adding Sections 1-117.7 and 11-1005.1 and changing Section 11-1412.1 as follows: (625 ILCS 5/1-117.7 new) Sec. 1-117.7. Electric personal assistive mobility device. A self-balancing 2 non-tandem wheeled device designed to transport only one person with an electric propulsion system with average power of 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by a propulsion system of that type while ridden by an operator weighing 170 pounds, is less than 20 miles per hour. (625 ILCS 5/11-1005.1 new) Sec. 11-1005.1. Electric personal assistive mobility devices. Every person operating an electric personal assistive mobility device upon a sidewalk or roadway has all the rights and is subject to all the duties applicable to a pedestrian. (625 ILCS 5/11-1412.1) (from Ch. 95 1/2, par. 11-1412.1)
[May 9, 2002] 132 Sec. 11-1412.1. Driving upon sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. This Section does not apply to any vehicle moved exclusively by human power, to any electric personal assistive mobility device, nor to any motorized wheelchair. (Source: P.A. 84-672.)". AMENDMENT NO. 2. Amend House Bill 5610 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by adding Sections 1-117.7, 11-1005.1, and 11-1412.2 and changing Section 11-1412.1 as follows: (625 ILCS 5/1-117.7 new) Sec. 1-117.7. Electric personal assistive mobility device. A self-balancing 2 non-tandem wheeled device designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less. (625 ILCS 5/11-1005.1 new) Sec. 11-1005.1. Electric personal assistive mobility devices. Every person operating an electric personal assistive mobility device upon a sidewalk or roadway has all the rights and is subject to all the duties applicable to a pedestrian. (625 ILCS 5/11-1412.1) (from Ch. 95 1/2, par. 11-1412.1) Sec. 11-1412.1. Driving upon sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. This Section does not apply to any vehicle moved exclusively by human power, to any electric personal assistive mobility device, nor to any motorized wheelchair. (Source: P.A. 84-672.) (625 ILCS 5/11-1412.2 new) Sec. 11-1412.2. Operating an electric personal assistive mobility device on a public sidewalk. A person may not operate an electric personal assistive mobility upon a public sidewalk at a speed greater than 8 miles per hour.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 5610 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5625 A bill for AN ACT concerning animals. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5625. Senate Amendment No. 2 to HOUSE BILL NO. 5625. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5625 on page 1, by replacing line 20 with the following:
133 [May 9, 2002] "journalistic, artistic, or historical value; or involves rodeos, sanctioned livestock events, or normal husbandry practices.". AMENDMENT NO. 2. Amend House Bill 5625 on page 1, line 18, by deleting "serious"; and on page 2, line 4, by replacing "must" with "shall". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 5625 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5631 A bill for AN ACT concerning business corporations. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5631. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5631 on page 1, immediately below line 9, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5631 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5652 A bill for AN ACT in relation to criminal law. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5652. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate
[May 9, 2002] 134 AMENDMENT NO. 1. Amend House Bill 5652 as follows: on page 1, by inserting between lines 3 and 4 the following: "Section 2. The Criminal Code of 1961 is amended by changing Section 18-5 as follows: (720 ILCS 5/18-5) Sec. 18-5. Aggravated robbery. (a) A person commits aggravated robbery when he or she takes property from the person or presence of another by the use of force or by threatening the imminent use of force while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, and
135 [May 9, 2002] Relief Act of 1940. (a) Notwithstanding any other provision of law, a person who is a member of the Illinois National Guard and who is on active duty shall be accorded all of the relief and benefits under the laws of this State that are accorded to federal military personnel on active duty under the Soldiers' and Sailors' Civil Relief Act of 1940, as now or hereafter amended, if the person on active duty provides written notice of his or her active duty in the same manner that notice is provided under the Soldiers' and Sailors' Civil Relief Act of 1940. (b) A person who has provided notice under subsection (a) shall, within 60 days after the termination of his or her active duty, provide written notice of the termination of his or her active duty to the person to whom notice was provided under subsection (a). (c) For purposes of this Section, the term "active duty", when used in reference to the Illinois National Guard, means a period of active duty in excess of 30 consecutive days pursuant to orders of the Governor, whether or not for training, either under Title 32 of the United States Code or under State Active Duty pursuant to the laws of this State. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5823 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5906 A bill for AN ACT concerning health facilities. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5906. Senate Amendment No. 2 to HOUSE BILL NO. 5906. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5906, on page 1, after line 23, by adding the following: ""Licensee" means an individual or entity licensed by the Department to operate an end stage renal disease facility."; and on page 2, line 15, by deleting "and"; and on page 2, line 16, after "physician", by inserting the following: "; and (4) a facility licensed under the Nursing Home Care Act"; and on page 3, line 23 before "or" by inserting "physician assistant, advanced practice nurse"; and on page 7, line 32, by replacing "application" with "applicant"; and on page 8, line 9, by replacing "hearing officer" with "administrative law judge" ; and on page 8, line 14, by replacing "hearing officer" with "administrative law judge" ; and
[May 9, 2002] 136 on page 8, line 19, by replacing "hearing officer" with "administrative law judge" ; and on page 8, line 28, by replacing "hearing officer" with "administrative law judge" ; and on page 9, line 10, by replacing "hearing officer" with "administrative law judge"; and on page 9, line 14, by replacing "hearing officer" with "administrative law judge"; and on page 9, by replacing lines 15 through 18 with the following: "hearing before the Department, may compel the attendance of witnesses and"; and on page 9, line 20, by replacing "Hearing Officer" with "administrative law judge"; and on page 9, line 24, by replacing "hearing officer" with "administrative law judge"; and on page 10, after line 22, by adding the following: "The Department shall adopt rules for determining the fines for violations."; and on page 15, by replacing lines 22 through 23 with the following: "Section 999. Effective date. This Act takes effect July 1, 2003.". AMENDMENT NO. 2. Amend House Bill 5906, AS AMENDED, in Section 15, item (2), after "Act;" by inserting "and"; and in Section 15, item (3) by replacing "; and" with "."; and in Section 15 by deleting item (4). The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 5906 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5941 A bill for AN ACT in relation to vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 5941. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 5941 by replacing the title with the following: "AN ACT in relation to alcoholic liquor."; and by replacing everything after the enacting clause with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Section 4-4 as follows: (235 ILCS 5/4-4) (from Ch. 43, par. 112) Sec. 4-4. Each local liquor control commissioner shall also have the following powers, functions and duties with respect to licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, non-resident dealers, non-beverage users, brokers, railroads, airplanes and boats.
137 [May 9, 2002] 1. To grant and or suspend for not more than thirty days or revoke for cause all local licenses issued to persons for premises within his jurisdiction; 2. To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this Act or any rules or regulations adopted by him or by the State Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith; 3. To notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act of 1986 or a foreign corporation functioning as a club in this State under a certificate of authority issued under that Act has violated this Act by selling or offering for sale at retail alcoholic liquors without a retailer's license; 4. To receive complaint from any citizen within his jurisdiction that any of the provisions of this Act, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints in the manner hereinafter provided; 5. To receive local license fees and pay the same forthwith to the city, village, town or county treasurer as the case may be. Each local liquor commissioner also has the duty to notify the Secretary of State of any convictions for a violation of Section 6-20 of this Act or a similar provision of a local ordinance. In counties and municipalities, the local liquor control commissioners shall also have the power to levy fines in accordance with Section 7-5 of this Act. (Source: P.A. 91-357, eff. 7-29-99.) Section 10. The Illinois Vehicle Code is amended by changing Section 6-206 as follows: (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) Sec. 6-206. Discretionary authority to suspend or revoke license or permit; Right to a hearing. (a) The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person: 1. Has committed an offense for which mandatory revocation of a driver's license or permit is required upon conviction; 2. Has been convicted of not less than 3 offenses against traffic regulations governing the movement of vehicles committed within any 12 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction; 3. Has been repeatedly involved as a driver in motor vehicle collisions or has been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway; 4. Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a medical facility or doctor's office to any person, except that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later; 5. Has permitted an unlawful or fraudulent use of a driver's license, identification card, or permit; 6. Has been lawfully convicted of an offense or offenses in another state, including the authorization contained in Section 6-203.1, which if committed within this State would be grounds for suspension or revocation;
[May 9, 2002] 138 7. Has refused or failed to submit to an examination provided for by Section 6-207 or has failed to pass the examination; 8. Is ineligible for a driver's license or permit under the provisions of Section 6-103; 9. Has made a false statement or knowingly concealed a material fact or has used false information or identification in any application for a license, identification card, or permit; 10. Has possessed, displayed, or attempted to fraudulently use any license, identification card, or permit not issued to the person; 11. Has operated a motor vehicle upon a highway of this State when the person's driving privilege or privilege to obtain a driver's license or permit was revoked or suspended unless the operation was authorized by a judicial driving permit, probationary license to drive, or a restricted driving permit issued under this Code; 12. Has submitted to any portion of the application process for another person or has obtained the services of another person to submit to any portion of the application process for the purpose of obtaining a license, identification card, or permit for some other person; 13. Has operated a motor vehicle upon a highway of this State when the person's driver's license or permit was invalid under the provisions of Sections 6-107.1 and 6-110; 14. Has committed a violation of Section 6-301, 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B of the Illinois Identification Card Act; 15. Has been convicted of violating Section 21-2 of the Criminal Code of 1961 relating to criminal trespass to vehicles in which case, the suspension shall be for one year; 16. Has been convicted of violating Section 11-204 of this Code relating to fleeing from a police officer; 17. Has refused to submit to a test, or tests, as required under Section 11-501.1 of this Code and the person has not sought a hearing as provided for in Section 11-501.1; 18. Has, since issuance of a driver's license or permit, been adjudged to be afflicted with or suffering from any mental disability or disease; 19. Has committed a violation of paragraph (a) or (b) of Section 6-101 relating to driving without a driver's license; 20. Has been convicted of violating Section 6-104 relating to classification of driver's license; 21. Has been convicted of violating Section 11-402 of this Code relating to leaving the scene of an accident resulting in damage to a vehicle in excess of $1,000, in which case the suspension shall be for one year; 22. Has used a motor vehicle in violating paragraph (3), (4), (7), or (9) of subsection (a) of Section 24-1 of the Criminal Code of 1961 relating to unlawful use of weapons, in which case the suspension shall be for one year; 23. Has, as a driver, been convicted of committing a violation of paragraph (a) of Section 11-502 of this Code for a second or subsequent time within one year of a similar violation; 24. Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6-205 or 6-206 of this Code; 25. Has permitted any form of identification to be used by another in the application process in order to obtain or attempt to obtain a license, identification card, or permit; 26. Has altered or attempted to alter a license or has possessed an altered license, identification card, or permit; 27. Has violated Section 6-16 of the Liquor Control Act of 1934; 28. Has been convicted of the illegal possession, while
139 [May 9, 2002] operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act or any cannabis prohibited under the provisions of the Cannabis Control Act, in which case the person's driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the provisions of the Illinois Controlled Substances Act or any cannabis prohibited under the Cannabis Control Act shall be suspended for 5 years. Any defendant found guilty of this offense while operating a motor vehicle, shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State; 29. Has been convicted of the following offenses that were committed while the person was operating or in actual physical control, as a driver, of a motor vehicle: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a juvenile prostitute and the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse in which case the driver's driving privileges shall be suspended for one year; 30. Has been convicted a second or subsequent time for any combination of the offenses named in paragraph 29 of this subsection, in which case the person's driving privileges shall be suspended for 5 years; 31. Has refused to submit to a test as required by Section 11-501.6 or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, or an intoxicating compound as listed in the Use of Intoxicating Compounds Act, in which case the penalty shall be as prescribed in Section 6-208.1; 32. Has been convicted of Section 24-1.2 of the Criminal Code of 1961 relating to the aggravated discharge of a firearm if the offender was located in a motor vehicle at the time the firearm was discharged, in which case the suspension shall be for 3 years; 33. Has as a driver, who was less than 21 years of age on the date of the offense, been convicted a first time of a violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance; 34. Has committed a violation of Section 11-1301.5 of this Code; 35. Has committed a violation of Section 11-1301.6 of this Code;
[May 9, 2002] 140 temporary driver's license. (b) If any conviction forming the basis of a suspension or revocation authorized under this Section is appealed, the Secretary of State may rescind or withhold the entry of the order of suspension or revocation, as the case may be, provided that a certified copy of a stay order of a court is filed with the Secretary of State. If the conviction is affirmed on appeal, the date of the conviction shall relate back to the time the original judgment of conviction was entered and the 6 month limitation prescribed shall not apply. (c) 1. Upon suspending or revoking the driver's license or permit of any person as authorized in this Section, the Secretary of State shall immediately notify the person in writing of the revocation or suspension. The notice to be deposited in the United States mail, postage prepaid, to the last known address of the person. 2. If the Secretary of State suspends the driver's license of a person under subsection 2 of paragraph (a) of this Section, a person's privilege to operate a vehicle as an occupation shall not be suspended, provided an affidavit is properly completed, the appropriate fee received, and a permit issued prior to the effective date of the suspension, unless 5 offenses were committed, at least 2 of which occurred while operating a commercial vehicle in connection with the driver's regular occupation. All other driving privileges shall be suspended by the Secretary of State. Any driver prior to operating a vehicle for occupational purposes only must submit the affidavit on forms to be provided by the Secretary of State setting forth the facts of the person's occupation. The affidavit shall also state the number of offenses committed while operating a vehicle in connection with the driver's regular occupation. The affidavit shall be accompanied by the driver's license. Upon receipt of a properly completed affidavit, the Secretary of State shall issue the driver a permit to operate a vehicle in connection with the driver's regular occupation only. Unless the permit is issued by the Secretary of State prior to the date of suspension, the privilege to drive any motor vehicle shall be suspended as set forth in the notice that was mailed under this Section. If an affidavit is received subsequent to the effective date of this suspension, a permit may be issued for the remainder of the suspension period. The provisions of this subparagraph shall not apply to any driver required to obtain a commercial driver's license under Section 6-507 during the period of a disqualification of commercial driving privileges under Section 6-514. Any person who falsely states any fact in the affidavit required herein shall be guilty of perjury under Section 6-302 and upon conviction thereof shall have all driving privileges revoked without further rights. 3. At the conclusion of a hearing under Section 2-118 of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an order of suspension; or, good cause appearing therefor, rescind, continue, change, or extend the order of suspension. If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship, issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of his employment related duties, or to allow transportation for the petitioner, or a household member of the petitioner's family, to receive necessary medical care and if the professional evaluation indicates, provide transportation for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and the petitioner will not endanger the public safety or welfare. If a person's license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this
141 [May 9, 2002] Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. If a person's license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. If the restricted driving permit was issued for employment purposes, then this provision does not apply to the operation of an occupational vehicle owned or leased by that person's employer. In each case the Secretary may issue a restricted driving permit for a period deemed appropriate, except that all permits shall expire within one year from the date of issuance. The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any combination of those offenses, until the expiration of at least one year from the date of the revocation. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted driving permit if the permit holder does not successfully complete the program. (c-5) The Secretary of State may, as a condition of the reissuance of a driver's license or permit to an applicant whose driver's license or permit has been suspended before he or she reached the age of 18 years pursuant to any of the provisions of this Section, require the applicant to participate in a driver remedial education course and be retested under Section 6-109 of this Code. (d) This Section is subject to the provisions of the Drivers License Compact. (e) The Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose driving privileges have been suspended or revoked under any provisions of this Code. (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 92-458, eff. 8-22-01; revised 8-27-01.)". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 5941 was placed on the Calendar on the order of Concurrence. A message from the Senate by
[May 9, 2002] 142 Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5961 A bill for AN ACT concerning well water. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5961. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5961 on page 1, line 16 by replacing "$100,000" with "$30,000". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5961 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5965 A bill for AN ACT concerning health insurance. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5965. Senate Amendment No. 2 to HOUSE BILL NO. 5965. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5965 on page 1, line 5, by replacing "Section 97" with "Sections 20 and 97"; and on page 1, before line 6, by inserting the following: "(215 ILCS 106/20) (Section scheduled to be repealed on July 1, 2002) Sec. 20. Eligibility. (a) To be eligible for this Program, a person must be a person who has a child eligible under this Act and who is eligible under a waiver of federal requirements pursuant to an application made pursuant to subdivision (a)(1) of Section 40 of this Act or who is a child who: (1) is a child who is not eligible for medical assistance; (2) is a child whose annual household income, as determined by the Department, is above 133% of the federal poverty level and
143 [May 9, 2002] at or below 185% of the federal poverty level; (2.5) is a child whose household assets, as determined by the Department, do not exceed $10,000; (3) is a resident of the State of Illinois; and (4) is a child who is either a United States citizen or included in one of the following categories of non-citizens: (A) unmarried dependent children of either a United States Veteran honorably discharged or a person on active military duty; (B) refugees under Section 207 of the Immigration and Nationality Act; (C) asylees under Section 208 of the Immigration and Nationality Act; (D) persons for whom deportation has been withheld under Section 243(h) of the Immigration and Nationality Act; (E) persons granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980; (F) persons lawfully admitted for permanent residence under the Immigration and Nationality Act; and (G) parolees, for at least one year, under Section 212(d)(5) of the Immigration and Nationality Act. Those children who are in the categories set forth in subdivisions (4)(F) and (4)(G) of this subsection, who enter the United States on or after August 22, 1996, shall not be eligible for 5 years beginning on the date the child entered the United States. (b) A child who is determined to be eligible for assistance shall remain eligible for 12 months, provided the child maintains his or her residence in the State, has not yet attained 19 years of age, and is not excluded pursuant to subsection (c). Eligibility shall be re-determined by the Department at least annually. (c) A child shall not be eligible for coverage under this Program if: (1) the premium required pursuant to Section 30 of this Act has not been paid. If the required premiums are not paid the liability of the Program shall be limited to benefits incurred under the Program for the time period for which premiums had been paid. If the required monthly premium is not paid, the child shall be ineligible for re-enrollment for a minimum period of 3 months. Re-enrollment shall be completed prior to the next covered medical visit and the first month's required premium shall be paid in advance of the next covered medical visit. The Department shall promulgate rules regarding grace periods, notice requirements, and hearing procedures pursuant to this subsection; (2) the child is an inmate of a public institution or a patient in an institution for mental diseases; or (3) the child is a member of a family that is eligible for health benefits covered under the State of Illinois health benefits plan on the basis of a member's employment with a public agency. (Source: P.A. 90-736, eff. 8-12-98.)". AMENDMENT NO. 2. Amend House Bill 5965, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1 on page 1, by replacing lines 20 and 21 with the following: "(2.5) is a child whose household assets do not exceed an amount as the Department may establish by rule;". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 5965 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the
[May 9, 2002] 144 passage of a bill of the following title to-wit: HOUSE BILL 5996 A bill for AN ACT concerning employment. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5996. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5996 by replacing everything after the enacting clause with the following: "Section 5. The Child Labor Law is amended by adding Section 2.5 and by changing Section 3 as follows: (820 ILCS 205/2.5 new) Sec. 2.5. Officiating youth activities. Nothing in this Act prohibits a minor who is 12 or 13 years of age from officiating youth sports activities for a not-for-profit youth club, park district, or municipal parks and recreation department if each of the following restrictions is met: (1) The parent or the guardian of the minor who is officiating shall supervise the minor and must be present while the minor is officiating. (2) The employer must obtain certification as provided for in Section 9 of this Act. (3) The minor may work as a sports official for a maximum of 3 hours in any day, may not exceed 9 hours of officiating in any week, and may not work later than 9 p.m. (4) The minor may only officiate activities in which the participating children are at least 4 years younger than the minor or with adults officiating. (820 ILCS 205/3) (from Ch. 48, par. 31.3) Sec. 3. Except as hereinafter provided, no minor under 16 years of age shall be employed, permitted, or allowed to work in any gainful occupation mentioned in Section 1 of this Act for more than 6 consecutive days in any one week, or more than 48 hours in any one week, or more than 8 hours in any one day, or be so employed, permitted or allowed to work between 7 p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day. The hours of work of minors under the age of 16 years employed outside of school hours shall not exceed 3 a day on days when school is in session, nor shall the combined hours of work outside and in school exceed a total of 8 a day; except that a minor under the age of 16 may work both Saturday and Sunday for not more than 8 hours each day if the following conditions are met: (1) the minor does not work outside school more than 6 consecutive days in any one week, and (2) the number of hours worked by the minor outside school in any week does not exceed 24. A minor 14 or more years of age who is employed in a recreational or educational activity by a park district, not-for-profit youth club, or municipal parks and recreation department while school is in session may work up to 3 hours per school day twice a week no later than 9 p.m. if the number of hours worked by the minor outside school in any week does not exceed 24 or between 10 p.m. and 7 a.m. during that school district's summer vacation, or if the school district operates on a 12 month basis, the period during which school is not in session for the minor. (Source: P.A. 90-410, eff. 1-1-98.)".
145 [May 9, 2002] Section 99. Effective date. This Act takes effect upon becoming law. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5996 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 6041 A bill for AN ACT in relation to health facilities. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 6041. Senate Amendment No. 2 to HOUSE BILL NO. 6041. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 6041, on page 1, line 5, after "8", by inserting "and adding Section 8.5"; and on page 6, immediately below line 14, by inserting the following: "(210 ILCS 85/8.5 new) Sec. 8.5. Waiver of compliance with rules or standards. Upon application by a hospital, the Department may grant or renew the waiver of the hospital's compliance with a rule or standard for a period not to exceed the duration of the current license or, in the case of an application for license renewal, the duration of the renewal period. The waiver may be conditioned upon the hospital taking action prescribed by the Department as a measure equivalent to compliance. In determining whether to grant or renew a waiver, the Department shall consider the duration and basis for any current waiver with respect to the same rule or standard and the validity and effect upon patient health and safety of extending it on the same basis, the effect upon the health and safety of patients, the quality of patient care, the hospital's history of compliance with the rules and standards of this Act, and the hospital's attempts to comply with the particular rule or standard in question. The Department may provide, by rule, for the automatic renewal of waivers concerning physical plant requirements upon the renewal of a license. The Department shall renew waivers relating to physical plant standards issued pursuant to this Section at the time of the indicated reviews, unless it can show why such waivers should not be extended for the following reasons: (1) the condition of the physical plant has deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or (2) the hospital is renovated or substantially remodeled in such a way as to permit compliance with the applicable rules and standards without substantial increase in cost. A copy of each waiver application and each waiver granted or renewed shall be on file with the Department and available for public inspection. The Department shall advise hospitals of any applicable federal waivers for which the hospital may apply.
[May 9, 2002] 146 This Section shall apply to both new and existing construction.". AMENDMENT NO. 2. Amend House Bill 6041, AS AMENDED, as follows: by inserting immediately below the enacting clause the following: "Section 2. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by changing Section 2310-560 as follows: (20 ILCS 2310/2310-560) (was 20 ILCS 2310/55.87) Sec. 2310-560. Advisory committees
147 [May 9, 2002] to suggest resolution of conflicts between State agencies, or between a State agency and another entity that consents to the resolution forum, concerning State building requirements. As used in this Section, for dispute resolution arising out of Section 8 or 8.5 of the Hospital Licensing Act, "building requirements" includes the application of building codes for new and existing construction and related Department rules and standards under the Hospital Licensing Act, including without limitation rules and standards for (i) design and construction, (ii) engineering and maintenance of the physical plant, site, equipment, and systems (heating, cooling, electrical, ventilation, plumbing, water, sewer, and solid waste disposal), and (iii) fire and safety. If the suggested resolution of a conflict between the Department of Public Health and a health care provider is to (i) accept an equivalency determined by the Fire Safety Evaluation System, (ii) waive State rules or standards, or (iii) seek a waiver of federal rules or standards, the Commission may take steps it deems reasonably necessary to facilitate the suggested resolution, including preparing a waiver request and directing the Department of Public Health to recommend the request to the appropriate federal agency. (Source: P.A. 90-269, eff. 1-1-98.) (20 ILCS 3918/47 new) Sec. 47. Rules. The Commission may adopt any rules necessary for the administration of this Act. (20 ILCS 3918/50) Sec. 50. The Illinois Building Commission Revolving Fund. The Illinois Building Commission Revolving Fund is created in the State treasury. The Illinois Building Commission may establish fees, each of which may not exceed $250
[May 9, 2002] 148 site, equipment, and systems (heating, cooling, electrical, ventilation, plumbing, water, sewer, and solid waste disposal), and (iii) fire and safety,"; and in Section 5, Sec. 8.5, the paragraph beginning "Upon application", the sentence beginning "The Department may provide", after "concerning", by inserting "construction or"; and in Section 5, Sec. 8.5, the paragraph beginning "Upon application", the sentence beginning "The Department shall renew", after "relating to", by inserting "construction or"; and in Section 5, Sec. 8.5, the paragraph beginning "The Department shall advise", after "waivers", by inserting "about which it is aware and"; and in Section 5, Sec. 8.5, immediately below the paragraph beginning "The Department shall advise", by inserting the following: "In the event that the Department does not grant or renew a waiver of a rule or standard, the Department must notify the hospital in writing detailing the specific reasons for not granting or renewing the waiver and must discuss possible options, if any, the hospital could take to have the waiver approved."; and in Section 5, immediately below the end of Sec. 8.5, by inserting the following: "(210 ILCS 85/9.2 new) Sec. 9.2. Disclosure. Prior to conducting a survey of a hospital operating under an approved waiver, equivalency, or other approval, a surveyor must be made aware of the waiver, equivalency, or other approval prior to entering the hospital. Prior to commencing an inspection, the Department must provide the hospital with documentation that the survey is being conducted, with consideration of the relevant waiver, equivalency, or approval. After conducting the survey, the Department must conduct a comprehensive exit interview with designated hospital representatives at which the hospital may present additional information regarding findings. (210 ILCS 85/9.3 new) Sec. 9.3. Informal dispute resolution. The Department must offer an opportunity for informal dispute resolution concerning the application of building codes for new and existing construction and related Department rules and standards before the advisory committee under subsection (b) of Section 2310-560 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Participants in this process must include representatives from the Department, representatives of the hospital, and additional representatives deemed appropriate by both parties with expertise regarding the contested deficiencies and the management of health care facilities.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 6041 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3812 A bill for AN ACT concerning townships. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3812.
149 [May 9, 2002] Senate Amendment No. 2 to HOUSE BILL NO. 3812. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3812 on page 2 in line 30 by adding "either" immediately after "equal to"; and on page 2 by replacing line 32 with the following: "property in the township, or 100% of the highest amount levied for general assistance purposes in any of the three previous fiscal years.". AMENDMENT NO. 2. Amend House Bill 3812, AS AMENDED, with reference to page and line numbers of Senate Amendment 1, on page 1 by replacing line 7 with the following: "previous fiscal years. The transfer shall be completed no". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3812 was placed on the Calendar on the order of Concurrence. 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5608 A bill for AN ACT concerning insurance. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 5608. Passed the Senate, as amended, May 9, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5608 on page 3 by inserting immediately below line 23 the following: "Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5608 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 78
[May 9, 2002] 150 WHEREAS, The members of the Illinois General Assembly are deeply saddened to learn of the death of Richard H. Newhouse, Jr., who was a friend, colleague, mentor and trailblazer to many with whom he served in the Illinois State Senate;and WHEREAS, Richard H. Newhouse, Jr., was born January 24, 1924 in Louisville, Kentucky to Richard H. and Annie Singleton Newhouse; and WHEREAS He departed this world on Thursday, April 25, 2002; and WHEREAS, He was educated in public schools in Louisville and received both his bachelors and master's degrees from Boston University and graduated from the University of Chicago Law School with a Juris Doctorate; and WHEREAS, He was a decoder for the U. S. Air Force intelligence during World War II and was among the troops in the Normandy invasion; he also served in the National Guard from 1950 to 1952; and WHEREAS, Senator Newhouse began his distinguished law career as legal counsel to the United States Department of Housing and donated his considerable legal expertise to many community groups in Chicago, including the Maremount Foundation and the Community Renewal Society; and WHEREAS, He married his beloved wife Katherine in 1958 and their union was blessed with three children, Suzanne, Holly and Richard; and WHEREAS, Richard H. Newhouse, Jr., was elected to the Illinois Senate and served as State Senator from 1967 to 1991; he served as Assistant Majority Leader, retiring as the Dean of the Senate; and WHEREAS, During his 24 years in the Illinois Senate, he served as the Chairman of the Senate Committee on Commerce and Economic Development, the Senate Committee on Higher Education, the Senate Committee on Pensions, the Legislative Advisory Committee on Public Aid, and the subcommittee on Minority Concerns in Higher Education; and WHEREAS, Senator Newhouse also served on the Senate Committees on Elementary and Secondary Education, Appropriations I and II, Revenue, and Consumer Affairs, and served on the Senate Operations Commission; and WHEREAS, Senator Newhouse continually sought to open doors and keep them open for others who came after him; and WHEREAS, Senator Richard Newhouse, Jr. founded and served as Chairman of the Black Legislative Clearing House, which became the National Black Conference of Black Legislators; and WHEREAS, Senator Newhouse will be forever known as the trailblazer for minorities in Chicago politics because he holds the distinction of being the first minority to run for the office of Mayor of the City of Chicago; and WHEREAS, Senator Newhouse's abilities and accomplishments were reflected in his many prestigious roles and positions; all of which he undertook with honor and dedication, including his service as a Commissioner on the Education Commission of the States, duties as the legal counsel for the Chief Plaintiffs in the Chicago Ward District reapportionment case, service on the Board of Directors of the Joint Center for Political and Economic Studies, membership of the Committees on Health and Human Resources and Arts, Tourism and Cultural Resources in the National Conference of State Legislatures, and most recently his service on the exploratory committee for former Chicago Schools CEO Paul Vallas in his bid for the Democratic nomination for Governor; and WHEREAS, Senator Newhouse was the originator of the very successful Newhouse Architectural Competition for students in Chicago Public High Schools, now in its 20th year; and WHEREAS, Senator Newhouse was also honored in 1991 by the National Conference of Christians and Jews for his long career of public service; and WHEREAS, Senator Newhouse is survived by his wife, Katherine; children, Suzanne, Holly and Richard; and a sister Eloise Frayser; therefore be it RESOLVED BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that we mourn the passing of Richard H. Newhouse, Jr., with his family and all those who knew and loved him; and be it further
151 [May 9, 2002] RESOLVED That a suitable copy of this joint resolution be presented to the family of Richard H. Newhouse, Jr., with our most heartfelt sympathies. Adopted by the Senate, May 9, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 78 was placed in the Committee on Rules. 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. 3993 A bill for AN ACT in relation to counseling. HOUSE BILL NO. 4116 A bill for AN ACT in relation to criminal law. HOUSE BILL NO. 4214 A bill for AN ACT in relation to alcoholic liquor. HOUSE BILL NO. 4397 A bill for AN ACT concerning municipalities. HOUSE BILL NO. 5851 A bill for AN ACT concerning public utilities. Passed by the Senate, May 9, 2002. Jim Harry, Secretary of the Senate CHANGE OF SPONSORSHIP Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Wirsing asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 5530. RESOLUTION The following resolution was offered and placed in the Committee on Rules. HOUSE RESOLUTION 884 Offered by Representative Delgado: WHEREAS, Workers at Carousel Linen in Highwood, Illinois wash and press linens in hot and unsafe working conditions; several workers have reported suffering burns and other severe injuries in this strenuous working environment; and WHEREAS, The Occupational Health and Safety Administration issued 11 citations against Carousel Linen for serious safety violations including blocking fire exits, failing to train workers on the use of hazardous chemicals, and requiring unlicensed workers to operate forklift trucks; and WHEREAS, Workers at Carousel Linen work in these hard and dangerous jobs but only earn $5.15 an hour, well below standards for the laundry industry, with no family health insurance benefits regardless of their seniority; and WHEREAS, The Carousel workers have repeatedly been denied requests
[May 9, 2002] 152 for raises during their tenures on the pretext that they do not deserve monetary increases because they do not speak English; and WHEREAS, An overwhelming majority of Carousel Linen workers support forming a union; and WHEREAS, Carousel Linen has been found by the National Labor Relations Board to have repeatedly violated federal labor law; workers have been on strike in response to these labor law violations since October, 2001; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois House of Representatives supports the right of workers to organize a union free from harassment and retaliation; and be it further RESOLVED, That the Illinois House of Representatives supports the striking Carousel Linen workers in their fight to form a union and improve their wages and working conditions; and be it further RESOLVED, That the Illinois House of Representatives calls on Carousel Linen to immediately improve the harsh and unsafe working conditions at its laundry, to voluntarily recognize the workers' union, and to bargain a fair agreement with their workers to end the six-month labor dispute; and be it further RESOLVED, That a copy of this resolution be sent to Scott Close at Carousel Linen. 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 Schoenberg, SENATE BILL 2068 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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 Klingler, SENATE BILL 2117 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Mulligan, SENATE BILL 2198 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Stephens, SENATE BILL 2204 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority
153 [May 9, 2002] of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. ACTION ON MOTIONS Representative Howard asked and obtained unanimous consent to suspend the posting requirements on the subject matter for the Committee on Computer Technology to be heard on Tuesday, May 14, 2002. On motion of Representative Beaubien, SENATE BILL 2209 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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 Beaubien, SENATE BILL 2211 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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 Kosel, SENATE BILL 2223 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Jerry Mitchell, SENATE BILL 2224 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. RESOLUTIONS Having been reported out of the Committee on State Government Administration earlier today, HOUSE RESOLUTION 527 was taken up for consideration. Representative Delgado moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Human Services on May 8, 2002, SENATE JOINT RESOLUTION 58 was taken up for consideration. Representative Feigenholtz moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 75, Yeas; 35, Nays; 2, Answering Present. (ROLL CALL 10) The motion prevailed and the Resolution was adopted.
[May 9, 2002] 154 Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1622. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1622 AMENDMENT NO. 1. Amend Senate Bill 1622, on page 1, by deleting lines 7 through 30; and by deleting pages 2 through 15. On motion of Representative Saviano, Amendment No. 1 was ordered to lie on the table. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1622 AMENDMENT NO.2_. Amend Senate Bill 1622 on page 6, line 28, after "device" by inserting "or detection system"; and on page 6, line 30, after "device" by inserting "or detection system". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1690. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1690 AMENDMENT NO. 1. Amend Senate Bill 1690 by replacing everything after the enacting clause with the following: "Section 5. The Regulatory Sunset Act is amended by adding Section 4.23 as follows: (5 ILCS 80/4.23 new) Sec. 4.23. Section repealed on January 1, 2013. The following Section is repealed on January 1, 2013: Section 2.5 of the Illinois Plumbing License Law. Section 10. The Illinois Plumbing License Law is amended by changing Section 2.5 as follows: (225 ILCS 320/2.5) (Section scheduled to be repealed on January 1, 2003) Sec. 2.5. Irrigation contractors; lawn sprinkler systems. (a) Every irrigation contractor doing business in this State shall annually register with the Department. Every irrigation contractor shall provide to the Department his or her business name and address, telephone number, name of principal, and FEIN number. Every irrigation contractor doing business in this State shall also register with the Department each and every employee who installs or supervises the installation of lawn sprinkler systems. The registration shall include the employee's name, home address, and telephone number. The
155 [May 9, 2002] Department may provide by rule for the administration of registrations under this subsection. The annual registration fee shall be set by the Department pursuant to Section 30 of this Act. (b) A licensed plumber or licensed apprentice plumber may install a lawn sprinkler system connected to any water source without registration under this Section. (c) A licensed plumber shall inspect every sprinkler system installed by an irrigation contractor to ensure the provisions of this Section have been met and that the system works mechanically. A licensed plumber shall make the physical connection between a lawn sprinkler system and the backflow prevention device. Upon the installation of every lawn sprinkler system in this State from the effective date of this amendatory Act of the 91st General Assembly forward, a licensed plumber shall affix to the backflow prevention device a tag certifying that the installation of that system has been completed in compliance with the minimum code of plumbing standards promulgated under this Act. The Department shall provide by rule for the registration of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly, including the means by which the Department shall be able to identify by registration number the identity of the responsible irrigation contractor and by license number the identity of the responsible licensed plumber. No lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly may be operated without the certification tag required under this Section. The registered irrigation contractor and the licensed plumber whose identifying information is contained on the certification tag shall both be subject to the penalty provisions of this Act for violations for improper installation of a lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. (d) An irrigation contractor that has registered with the Department 7 or fewer persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least one licensed plumber who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. The licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor that has registered with the Department 8 to 12 persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 2 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor that has registered with the Department 13 to 20 persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 3 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor that has registered with the Department 21 to 28 persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 4 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor that has registered with the Department 29 to 35 persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract
[May 9, 2002] 156 with at least 5 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor that has registered with the Department 36 or more persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 6 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. The Department may provide by rule for the temporary waiver process for registered irrigation contractors who are unable to comply with the requirements of this subsection. When a temporary waiver is granted, it shall not be for a duration of more than 3 consecutive months. Upon the expiration of a temporary waiver issued by the Department, the registered irrigation contractor shall demonstrate that justifiable reasons exist why he or she is still unable to comply with the requirements of this subsection, despite good faith efforts to comply with the requirements. In no case shall a temporary waiver be granted for an irrigation contractor for more than a total of 6 months in a two-year period. In no case shall an irrigation contractor be relieved of the requirement that a licensed plumber shall inspect every sprinkler system installed by an irrigation contractor to ensure the provisions of this Section have been met and that the system works mechanically and make the physical connection between a sprinkler system and the backflow prevention device. (e) No person shall attach to a lawn sprinkler system any fixture intended to supply water for human consumption. No person shall attach to a lawn sprinkler system any fixture other than the backflow prevention device, sprinkler heads, valves, and other parts integral to the operation of the system, unless the fixture is clearly marked as being for non-potable uses only.
157 [May 9, 2002] the Committee on Computer Technology. RESOLUTIONS HOUSE RESOLUTIONS 880, 881, 882, 883, 886, 887 and 888 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. HOUSE RESOLUTION 659 was taken up for consideration. Representative Bellock moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 79 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, May 9, 2002, the Senate stands adjourned until Monday, May 13, 2002, at 4:00 o'clock p.m.; and when it adjourns on that day, it stands adjourned until Tuesday, May 14, 2002; and the House of Representatives stands adjourned until Tuesday, May 14, 2002, at 2:00 o'clock p.m. Adopted by the Senate, May 9, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 79 was taken up for immediate consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 79 was adopted. Ordered that the Clerk inform the Senate. At the hour of 1:03 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 79, the House stood adjourned until Tuesday, May 14, 2002, at 2:00 o'clock p.m.
[May 9, 2002] 158 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 09, 2002 0 YEAS 0 NAYS 113 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO E BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER P STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN E MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY A JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS P KENNER E O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER E DURKIN P LANG E - Denotes Excused Absence
159 [May 9, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2068 TOLL HWY-LAND ACQUISITION THIRD READING PASSED MAY 09, 2002 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
[May 9, 2002] 160 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2117 LOC GOV-MEDICAL DIST-TECH THIRD READING PASSED MAY 09, 2002 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
161 [May 9, 2002] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2198 WORKFORCE INVESTMENT BD THIRD READING PASSED MAY 09, 2002 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
[May 9, 2002] 162 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2204 HIGH ED-ILL NATL GUARD GRANT THIRD READING PASSED MAY 09, 2002 112 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO Y SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
163 [May 9, 2002] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2209 UNIFORM PENALTY & INTEREST ACT THIRD READING PASSED MAY 09, 2002 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
[May 9, 2002] 164 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2211 TOBACCO PRODUCTS TAX-SEIZURE THIRD READING PASSED MAY 09, 2002 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
165 [May 9, 2002] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2223 NURSING-LIC BY EXAM & ENDORS THIRD READING PASSED MAY 09, 2002 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
[May 9, 2002] 166 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2224 CHILD SUPPORT-IDPA-HLTH INSUR THIRD READING PASSED MAY 09, 2002 112 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN N BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence
167 [May 9, 2002] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE JOINT RESOLUTION 58 COMMISSION-MEDICAL INSTRUMENTS ADOPTED MAY 09, 2002 75 YEAS 35 NAYS 2 PRESENT Y ACEVEDO Y ERWIN N LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH N POE Y BEAUBIEN N FLOWERS Y LINDNER Y REITZ Y BELLOCK N FORBY Y LYONS,EILEEN N RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD N BIGGINS N FRANKS Y MARQUARDT N RYAN N BLACK Y FRITCHEY Y MATHIAS Y SAVIANO E BOLAND Y GARRETT Y MAUTINO N SCHMITZ A BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG N McAULIFFE N SCULLY N BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA N SOMMER Y BURKE Y HOEFT N MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER P STEPHENS Y COLLINS Y HOLBROOK N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON N HULTGREN N MOFFITT N WAIT N COWLISHAW N JEFFERSON Y MORROW N WATSON Y CROSS N JOHNSON Y MULLIGAN N WINKEL Y CROTTY N JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU N MYERS Y WIRSING Y CURRY A JONES,SHIRLEY Y NOVAK N WOJCIK N DANIELS P KENNER E O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH N DAVIS,MONIQUE N KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS Y DELGADO Y KURTZ N PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence