626 JOURNAL OF THE [March 9, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
23RD LEGISLATIVE DAY
TUESDAY, MARCH 9, 1999
1:00 0'CLOCK P.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Representative Coy Pugh, Pastor of West Englewood
United Methodist Church in Chicago, Illinois.
Representative Hartke led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
115 present. (ROLL CALL 1)
By unanimous consent, Representatives Ronen and Morrow were
excused from attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Krause replaced Representative Klingler in the
Committee on Children & Youth on March 4, 1999.
Representative Poe replaced Representative Winters in the
Committee on Appropriations - General Services & Government Oversight
on March 8, 1999.
Representative Bost replaced Representative Bassi in the
Committee on Appropriations - Public Safety on March 8, 1999.
Representative O'Connor replaced Representative Righter in the
Committee on Prosecutorial Misconduct on March 8, 1999.
Representative Ryder will replace Representative Bellock in the
Committee on Appropriations - Human Services, for today only.
MOTIONS
SUBMITTED
Representative Winkel 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
HOUSE OF REPRESENTATIVES 627
Rules from further consideration of HOUSE BILL 2688 and advance to
the order of Second Reading.
Representative Winkel 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
Rules from further consideration of HOUSE BILL 26 and advance to the
order of Second Reading.
REQUEST FOR FISCAL NOTES
Representative Black requested that Fiscal Notes be supplied for
HOUSE BILLS 136, 298, as amended, 592, 1735, as amended, 1818, as
amended, 1907, 2031, as amended, 2255 and 2667.
Representative Poe requested that Fiscal Notes be supplied for
HOUSE BILLS 427, as amended, 741, as amended, 754, as amended, 757,
as amended, 778, as amended, 1058, as amended and 1088, as amended.
Representative Andrea Moore requested that a Fiscal Note be
supplied for HOUSE BILL 1461.
Representative Monique Davis requested that Fiscal Notes be
supplied for HOUSE BILLS 807 and 2775.
Representative Biggins requested that a Fiscal Note be supplied
for HOUSE BILL 1341.
Representative Stephens requested a Fiscal Note on HOUSE BILL
242, as amended.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for HOUSE BILLS 4, as amended,
125, 234, 534, as amended, 709, 722, 804, 816, 877, 1112, 1187, 1224,
1234, 1245, 1285, 1331, 1371, 1372, 1392, 1393, 1512, 1513, 1524,
1624, 1645, 1675, 1692, 1694, 1695, 1707, 1711, 1714, 1728, 1736,
1742, as amended, 1753, 1771, 1795, 1801, 1804, as amended, 1806,
1815, 1868, 1869, 1870, 1871, 1915, as amended, 1938, 1951, 1963,
1996, 2003, 2023, as amended, 2031, as amended, 2038, 2042, 2088,
2098, 2107, 2138, 2149, 2164, 2204, 2253, 2262, 2303, 2310, 2347,
2348, 2547, 2354, 2599, 2612, 2635, 2680, as amended, 2686, 2702,
2708, 2711, 2718, 2751, 2779, 2781, 2808, 2814, 2829, 2833 amd 2855.
REQUEST FOR STATE MANDATES NOTES
Representative Black requested that State Mandates Notes be
supplied for HOUSE BILLS 136, 298, as amended, 592, 1735, as amended,
1818, as amended, 1907, 2031, as amended, 2255 and 2667.
Representative Poe requested that State Mandates Notes be
supplied for HOUSE BILLS 427, as amended, 741, as amended, 754, as
amended, 757, as amended, 778, as amended and 1088, as amended.
Representative Pankau requested that a State Mandates Note be
supplied for HOUSE BILL 1801.
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Representative Biggins requested that a State Mandate Note be
requested for HOUSE BILL 1341.
Representative Monique Davis requested that a State Mandate Note
be supplied for HOUSE BILL 807.
Representative Stephens requested a State Mandate Note on HOUSE
BILL 242, as amended.
STATE MANDATE ACT NOTES SUPPLIED
State Mandate Act Notes have been supplied for HOUSE BILLS 111,
189, as amended, 210, 260, 277, 423, 462, as amended, 523, 603, 727,
as amended, 747, as amended, 804, as amended, 820, 831, as amended,
869, 877, 931, 999, 1115, 1248, 1331, 1375, 1435, 1438, 1503, 1645,
1714, 1728, 1734, 1781, 1791, 1801, 1829, 1959, 2023, as amended,
2088, 2348, 2680, as amended, 2686 and 2808.
REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE
Representative Poe requested that a Correctional Budget & Impact
Note be supplied for HOUSE BILL 1088, as amended.
Representative Monique Davis requested that a Correctional Budget
& Impact Note be supplied for HOUSE BILL 807.
Representative Stephens requested a Correctional Budget & Impact
Note on HOUSE BILL 242, as amended.
CORRECTIONAL BUDGET AND IMPACT NOTES SUPPLIED
Correctional Budget And Impact Notes have been supplied for HOUSE
BILLS 1285, 1392, 1512, 1675, 1804, 2097, 2310, 2347, 2711, 2718,
2805, 2814 and 2855.
REQUEST FOR HOME RULE NOTE
Representative Black requested that a Home Rule Note be supplied
for HOUSE BILL 2031, as amended.
Representative Poe requested that Home Rule Notes be supplied for
HOUSE BILLS 741, as amended and 778, as amended.
Representative Monique Davis requested that Home Rule Notes be
supplied for HOUSE BILLS 807 and 2775.
Representative Stephens requested a Home Rule Note be supplied
for HOUSE BILL 242, as amended.
HOME RULE IMPACT NOTES SUPPLIED
Home Rule Impact Notes have been supplied for HOUSE BILLS 210,
603, 869, 1331, 1734, 1781 and 1829.
REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE
HOUSE OF REPRESENTATIVES 629
Representative Black requested that a Housing Affordability
Impact Note be supplied for HOUSE BILL 233.
Representative Poe requested that Housing Affordability Impact
Notes be supplied for HOUSE BILLS 427, as amended, 754, as amended
and 757, as amended.
Representative Stephens requested that a Housing Affordability &
Impact Note be supplied for HOUSE BILL 242, as amended.
HOUSING AFFORDABILITY IMPACT NOTES SUPPLIED
Housing Affordability Impact Notes have been supplied for HOUSE
BILLS 264, as amended, 763, 1372, 1373, 1375, 1734, 1781, 1954, 2046,
2266 and 2314.
REQUEST FOR JUDICIAL NOTE
Representative Monique Davis requested that a Judicial Note be
supplied for HOUSE BILL 2775.
Representative Stephens requested that a Judicial Note be
supplied for HOUSE BILL 242, as amended.
JUDICIAL NOTES SUPPLIED
Judicial Notes have been supplied for HOUSE BILLS 210, 264, as
amended, 820, 1164, 1265, 1464, 2023, as amended, 2033, 2042, 2097,
2098, 2381, 2612, 2629, 2710, 2805 and 2850.
REQUEST FOR STATE DEBT IMPACT NOTE
Representative Monique Davis requested that a State Debt Impact
Note be supplied for HOUSE BILL 807.
Representative Stephens requested that a State Debt Impact Note
be supplied for HOUSE BILL 242, as amended.
STATE DEBT IMPACT NOTE SUPPLIED
A State Debt Impact Note has been supplied for HOUSE BILL 1954.
REQUEST FOR BALANCED BUDGET IMPACT NOTE
Representative Stephens requested that a Balanced Budget Impact
Note be supplied for HOUSE BILL 242, as amended.
BALANCED BUDGET NOTES SUPPLIED
Balanced Budget Notes have been supplied for HOUSE BILLS 2, 3,
111, 189, as amended, 264, as amended, 710, 892, 925, as amended,
1208, 1265, 1372, 1375, 1525, 1734, 1954, 1959, 2046, 2101, 2256, as
amended, 2266, 2379, 2680, as amended and 2704, as amended.
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REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE
Representative Stephens requested that a Land Conveyance
Appraisal Note be supplied for HOUSE BILL 242, as amended.
REQUEST FOR PENSION IMPACT NOTE
Representative Stephens requested that a Pension Impact Note be
supplied for HOUSE BILL 242, as amended.
PENSION IMPACT NOTES SUPPLIED
Pension Impact Notes have been supplied for HOUSE BILLS 152, as
amended, 198, 199, 200, 203, 205, 268, 344, 345, 346, 351, 356, 361,
362, 363, 364, 366, 367, 368, 393, 395, 602, 875, 1074, 1075, 1076,
1081, 1114, 1140, 1145, 1253, 1255, 1256, 1258, 1260, 1263, 1794,
1954, 2074, 2618, 2619, 2622, 2725 and 2734.
FISCAL NOTE WITHDRAWN
Representative Black withdrew his request for Fiscal Notes on
HOUSE BILLS 747, as amended and 1622.
Representative Poe withdrew his request for Fiscal Notes on HOUSE
BILLS 2101 and 2256.
Representative Pankau withdrew her request for a Fiscal Note on
HOUSE BILL 264, as amended.
Representative Parke withdrew his request for a Fiscal Note on
HOUSE BILL 2041.
STATE MANDATE NOTE WITHDRAWN
Representative Black withdrew his request for State Mandate Notes
on HOUSE BILLS 747, as amended and 1622.
Representative Pankau withdrew her request for a State Mandate
Note on HOUSE BILL 264, as amended.
Representative Poe withdrew his request for State Mandate Notes
on HOUSE BILLS 2101 and 2256.
Representative Beaubien withdrew his request for a State Mandate
Note on HOUSE BILL 1707.
BALANCED BUDGET & IMPACT NOTE WITHDRAWN
Representative Poe withdrew his request for a Balanced Budget &
Impact Note on HOUSE BILL 2256.
Representative Pankau withdrew her requested for a Balanced
Budget & Impact Note on HOUSE BILL 264, as amended.
HOME RULE NOTE WITHDRAWN
HOUSE OF REPRESENTATIVES 631
Representative Poe withdrew his request for Home Rule Notes on
HOUSE BILLS 2101 and 2256.
Representative Pankau withdrew her request for a Home Rule Note
on HOUSE BILL 264, as amended.
HOUSING AFFORDABILITY & IMPACT NOTE WITHDRAWN
Representative Poe withdrew his request for a Housing
Affordability & Impact Note on HOUSE BILL 2101.
Representative Pankau withdrew her request for a Housing
Affordability & Impact Note on HOUSE BILL 264, as amended.
JUDICIAL NOTE WITHDRAWN
Representative Poe withdrew his request for Judicial Notes on
HOUSE BILLS 2101 and 2256.
Representative Pankau withdrew her request for a Judicial Note on
HOUSE BILL 264, as amended.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed bills of the following
titles, in the passage of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 45
A bill for AN ACT to amend the Illinois Income Tax Act by
changing Sections 507, 507S, and 509.
SENATE BILL NO. 48
A bill for AN ACT in relation to mental health records of
applicants for Firearm Owner's Identification Cards.
SENATE BILL NO. 117
A bill for AN ACT to amend the Alternative Health Care Delivery
Act by changing Sections 30 and 35.
Passed by the Senate, March 9, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 45, 48 and 117 were ordered printed
and to a First Reading.
REPORTS FROM STANDING COMMITTEES
Representative Curry, Chairperson, from the Committee on
Appropriations - Elementary & Secondary Education to which the
following were referred, action taken earlier today, and reported the
same back with the following recommendations:
That the bill be reported "do pass" and be placed on the order of
632 JOURNAL OF THE [March 9, 1999]
Second Reading -- Short Debate: HOUSE BILLS 1065, 1517, 2383 and
2528.
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- Short Debate: HOUSE BILLS 1064 and
1527.
The committee roll call vote on HOUSE BILLS 1064, 1527 and 2528
is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Curry, Julie, Chair A Meyer
A Acevedo Y Mitchell, Jerry, Spkpn
Y Coulson Y Murphy
Y Delgado Y O'Connor
Y Johnson, Tom Y Silva (Mautino)
Y Lawfer A Slone
A Lopez Y Tenhouse
Y Younge
The committee roll call vote on HOUSE BILLS 1065, 1517 and 2383
is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Curry, Julie, Chair A Meyer
A Acevedo Y Mitchell, Jerry, Spkpn
Y Coulson Y Murphy
Y Delgado Y O'Connor
Y Johnson, Tom Y Silva (Mautino)
Y Lawfer A Slone
A Lopez Y Tenhouse
Y Younge
Representative Gash, Chairperson, from the Committee on Judiciary
II - Criminal Law to which the following were referred, action taken
on March 5, 1999, and reported the same back with the following
recommendations:
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- Short Debate: HOUSE BILL 1098.
The committee roll call vote on HOUSE BILL 1098 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Gash, Chair Y Lindner
Y Bradley (Erwin) Y Lyons, Eileen
Y Delgado Y O'Brien
Y Durkin Y Scully
Y Johnson, Tom Y Smith, Michael, Vice-Chair
Y Jones, Lou Y Turner, John
Y Winkel, Spkpn
CHANGE OF SPONSORSHIP
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Bugielski asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
1058.
Representative Lang asked and obtained unanimous consent to be
removed as chief sponsor and Representative Sharp asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 157.
Representative Lang asked and obtained unanimous consent to be
HOUSE OF REPRESENTATIVES 633
removed as chief sponsor and Representative Harris asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 286.
Representative Lang asked and obtained unanimous consent to be
removed as chief sponsor and Representative Osmond asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 408.
Representative Lang asked and obtained unanimous consent to be
removed as chief sponsor and Representative Durkin asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 504.
Representative Lang asked and obtained unanimous consent to be
removed as chief sponsor and Representative Cross asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 1432.
Representative Howard asked and obtained unanimous consent to be
removed as chief sponsor and Representative Harris asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 1974.
Representative McCarthy asked and obtained unanimous consent to
be removed as chief sponsor and Representative Saviano asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
2248.
Representative Burke asked and obtained unanimous consent to be
removed as chief sponsor and Representative Jerry Mitchell asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
2751.
Representative Durkin asked and obtained unanimous consent to be
removed as chief sponsor and Representative Pankau asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 504.
INTRODUCTION AND FIRST READING OF BILLS
The following bill was introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 2863. Introduced by Representative Madigan, a bill
for AN ACT to amend the Illinois Pension Code by changing Section
9-134 and to amend the State Mandates Act.
AGREEED RESOLUTION
The following resolutions were offered and placed on the House
Calendar.
HOUSE RESOLUTION 121
Offered by Representative Bellock:
WHEREAS, The members of this Body are happy to recognize
individuals who have made outstanding contributions to the well-being
of the citizens of this State; and
WHEREAS, Wayne Guthrie is a highly respected and valuable member
of his community, who has retired from the Senior Citizens Advisory
Committee of Downers Grove Township after years of dedicated service
to the community; and
WHEREAS, He was a founding member of the Committee, established
on July 12, 1983; among his many accomplishments on the Committee was
the establishment of the Dial-A-Ride for senior citizens and the
Banner News newsletter for all senior citizens in the township; he
served as Chairman of the Committee for two years; and
WHEREAS, Wayne Guthrie has received numerous awards, including
being honored in 1994 as one of ten people from the State of Illinois
to be inducted into the Senior Illinoisan Hall of Fame; and
WHEREAS, Wayne Guthrie is a former teacher, counselor, dean, and
principal of School District 99; he was actively involved in many
634 JOURNAL OF THE [March 9, 1999]
organizations concerning people of all ages, but in his later years
he devoted most of his time to issues concerning older persons; and
WHEREAS, He served as Chairman of the DuPage Senior Citizens
Council and a member of its Home Maintenance Task Force; he was a
member of the Senior Home Sharing, Inc., chaired the Housing and
Grants Committee for the Illinois Region II Area Agency on Aging, and
was a member of the DuPage County Affordable Housing Task Force; and
WHEREAS, Wayne Guthrie truly exemplifies a truly honorable
citizen; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we applaud Wayne
Guthrie for his many years of dedicated and significant service to
his community and the people of Illinois and we extend our best
wishes to him for the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Wayne Guthrie as an expression of our esteem.
HOUSE RESOLUTION 122
Offered by Representative Curry:
WHEREAS, The members of this Body were saddened to learn of the
death of the Reverend Doctor Eugene B. Green of Decatur on Friday,
February 26, 1999; and
WHEREAS, He was born in Chicago on August 8, 1925, the son of
Joseph B. and Willie Mae Lynsey Green; he was preceded in death by
his parents and a son, Stephen White; and
WHEREAS, He served in the United States Army, and he was
honorably discharged on August 10, 1957; and
WHEREAS, He had been pastor of several churches and retired as
pastor of Trinity Christian Methodist Episcopal Church in Decatur; he
served as an alternate delegate to the General Conference and was in
charge of the bookstore at the Annual Conference; and
WHEREAS, His passing will be deeply felt by his family and
friends, especially his wife, Dorothy; his son, Edward White; and his
sister, Verdell Lightfoot; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow
and regret the death of Reverend Doctor Eugene B. Green and extend
our sincere condolences to his family and friends; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
his widow, Dorothy Green.
HOUSE RESOLUTION 126
Offered by Representative Bill Mitchell:
WHEREAS, The members of this Body are honored to recognize
significant milestones in the lives of the people of this State; and
WHEREAS, It has come to our attention that Mary Kathryn McGrenera
of Decatur is celebrating the 86th anniversary of her birth; and
WHEREAS, Mary Kathryn Burgess was born March 8, 1913, in Decatur,
Illinois, to O. G. Burgess and Kathryn McGonnigle; and
WHEREAS, She attended St. Patrick's School and Decatur High
School; she went to Chicago in 1932 to live with her mother and
brother; she obtained a civil service job with Cook County and worked
for 40 years, retiring December 31, 1974; and
WHEREAS, Mary Kathryn Burgess married Andrew P. McGrenera in
1961; he had 2 sons, C. Richard and Donald; her husband and C.
Richard have died; and
WHEREAS, She bought a house together with her brother in Decatur
in 1975; and
WHEREAS, Mary Kathryn McGrenera is the proud grandmother of 4
HOUSE OF REPRESENTATIVES 635
step-grandchildren and 7 step-great-grandchildren; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mary
Kathryn McGrenera on the occasion of her 86th birthday and extend to
her our sincere best wishes for the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
her as an expression of our respect and esteem.
HOUSE RESOLUTION 127
Offered by Representative McAuliffe:
WHEREAS, The members of this Body are honored to recognized
significant milestones in the lives of the people of this State; and
WHEREAS, It has come to our attention that Esther Peterson
Rueschaw of Park Ridge, Illinois, is celebrating the 95th anniversary
of her birth; and
WHEREAS, Esther was born February 23, 1904, in Chicago, Illinois,
to Ture Peterson and Emily Peterson; her father was a renowned mason
known for his work building churches in the Chicago area; and
WHEREAS, Esther Peterson married Harry R. Rueschaw on July 1,
1939; and
WHEREAS, Esther Peterson is the proud mother of Elaine E. Jorndt;
she is the proud grandmother of Elizabeth E. Jorndt; and
WHEREAS, She worked as a full-time secretary until retiring at
age 84; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Esther Peterson Rueschaw on the occasion of her 95th birthday and
extend to Esther our sincere best wishes for the future; and be it
further
RESOLVED, That a suitable copy of this resolution be presented to
Esther Peterson Rueschaw as an expression of our respect and esteem.
HOUSE BILLS ON SECOND READING
Having been printed, the following bills were taken up, read by
title a second time and advanced to the order of Third Reading: HOUSE
BILLS 118, 195, 214, 222, 254, 307, 392, 416, 417, 425, 457, 474,
530, 553, 578, 669, 736, 784, 789, 790, 792, 802, 833, 835, 891, 895,
897, 916, 1063, 1079, 1105, 1109, 1111, 1138, 1147, 1152, 1155, 1168,
1188, 1193, 1196, 1197, 1199, 1201, 1202, 1276, 1279, 1285, 1293,
1298, 1304, 1305, 1333, 1340, 1388, 1391, 1393, 1413, 1414, 1443,
1512, 1540, 1622, 1681, 1687, 1707, 1713, 1720, 1739, 1757, 1763,
1764, 1766, 1785, 1790, 1813, 1823, 1831, 1833, 1845, 1852, 1859,
1878, 1879, 1897, 1900, 1940, 1969, 1972, 1983, 1987, 1996, 1998,
2016, 2020, 2034, 2044, 2047, 2059, 2087, 2106, 2130, 2149, 2166,
2204, 2206, 2217, 2246, 2262, 2272, 2283, 2298, 2308, 2314, 2345,
2347, 2351, 2360, 2381, 2580, 2610, 2617, 2636, 2639, 2640, 2645,
2679, 2698, 2699, 2720, 2721, 2722, 2724, 2748, 2758, 2761, 2772,
2776, 2792, 2813, 2814 and 2836.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Black, HOUSE BILL 42 was taken up and
636 JOURNAL OF THE [March 9, 1999]
read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
101, 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 and ask their
concurrence.
On motion of Representative Righter, HOUSE BILL 32 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
106, Yeas; 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 and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 112. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Consumer
Protection & Product Regulation, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 112
AMENDMENT NO. 1. Amend House Bill 112 by replacing the title
with the following:
"AN ACT in relation to fireworks."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Fireworks
Displayer Licensing Act.
Section 5. Definitions. In this Act:
"Office" means Office of the State Fire Marshal.
"Pyrotechnic displayer" means any person, company, association,
group of persons, or corporation that ignites or otherwise causes
display or consumer fireworks to be detonated, ignited, or
deflagrated to produce a visual or audible effect of an exhibitional
nature before the public, invitees, or licensees, regardless of
whether an admission is charged.
"Division 1.3G (Class B) and 1.4G (Class C) explosives" means any
substance or article defined as a Division 1.3G or 1.4G explosive by
the United States Department of Transportation under 49 CFR 173.50.
"Pyrotechnic distributor" means any person, company, association,
group of persons, or corporation.
"Pyrotechnic operator" means the individual with overall
responsibility for the safety, set-up and discharge of a fireworks or
pyrotechnic display.
"Fireworks" means a composition or device for the purpose of
producing a visible or an audible effect by combustion, deflagration,
or detonation and includes blank cartridges, toy cannons in which
explosives are used, the type of balloons that require fire
underneath to propel the same, firecrackers, torpedoes, skyrockets,
Roman candles, bombs, or other fireworks of like construction and any
fireworks containing any explosive compound, or any tablets or other
HOUSE OF REPRESENTATIVES 637
device containing any explosive substance, or containing combustible
substances producing visual effects; however, "fireworks" does not
include snake or glow worm pellets; smoke devices; trick noisemakers
known as "party poppers", "booby traps", "snappers", "trick matches",
"cigarette loads" and "auto burglar alarms"; sparklers; toy pistols,
toy canes, toy guns, or other devices in which paper or plastic caps
containing twenty-five hundredths of a grain or less of explosive
compound are used, providing they are so constructed that the hand
cannot come in contact with the cap when in place for the explosion;
and toy pistol paper or plastic caps that contain less than twenty
hundredths of a grain of explosive mixture. "Fireworks" includes
Division 1.3G or 1.4G explosives.
"Person" means an individual, firm, corporation, association,
partnership, company, consortium, joint venture, commercial entity,
State, municipality, or political subdivision of a State or any
agency, department, or instrumentality of the United States and any
officer, agent, or employee of these entities.
Section 10. License; enforcement; failure to pay tax. No person
may act as a public fireworks displayer, or advertise or use any
title implying that the person is engaged in the practice or
occupation of display of fireworks, unless licensed by the Office
under this Act. No firm, association, or corporation may act as an
agency licensed under this Act, or advertise or use any title
implying that it is engaged in the practice of display of fireworks,
unless licensed by the Office under this Act. The State Fire Marshal,
in the name of the People, through the Attorney General, the State's
Attorney of any county, any resident of the State, or any legal
entity within the State may apply for injunctive relief in any court
to enjoin any person who has not been issued a license or whose
license has been suspended, revoked, or not renewed, from practicing
a licensed activity. Upon filing a verified petition in court, the
court, if satisfied by affidavit, or otherwise, that the person is or
has been practicing in violation of this Act, may enter a temporary
restraining order or preliminary injunction, without bond, enjoining
the defendant from further unlicensed activity. A copy of the
verified complaint shall be served upon the defendant and the
proceedings are to be conducted as in other civil cases. The court
may enter a judgment permanently enjoining a defendant from further
unlicensed activity if it is established that the defendant has been
or is practicing in violation of this Act. In case of violation of
any injunctive order or judgment entered under this Section, the
court may summarily try and punish the offender for contempt of
court. Injunctive proceedings are in addition to all penalties and
other remedies in this Act.
Section 15. Deposit of fees. All fees collected under this Act
shall be deposited into the Fire Prevention Fund.
Section 30. Rules. The State Fire Marshal shall adopt all rules
necessary to carry out its responsibilities under this Act including
rules requiring the training, examination, and licensing of
pyrotechnic operators engaging in or responsible for the handling and
use of Division 1.3G (Class B) and 1.4G (Class C) explosives. The
test shall incorporate the rules and regulations of the State Fire
Marshal, which shall be based upon nationally recognized standards
such as National Fire Protection Association (NFPA) 1123 guidelines
for outdoor displays and NFPA 1126 for indoor displays.
Section 35. Licensure requirements and fees. Application for
license. Each application for a license to practice under this Act
shall be in writing and signed by the applicant on forms provided by
the Office.
(a) After January 1, 2001, no person may engage in pyrotechnic
display without first applying for and obtaining a license from the
638 JOURNAL OF THE [March 9, 1999]
Office. Applicants for a license must submit to the Office the
following:
(1) It must have a current Division 1.3G (Class B) Bureau
of Alcohol, Tobacco and Firearms (BATF) license.
(2) It must show proof of general liability insurance in an
amount not less than $2,000,000.
(3) It must show proof of workers' compensation insurance
for personnel lighting the fireworks.
(4) Fees as established by the Office.
(5) Evidence of registration as an Illinois corporation or
evidence of compliance with the Assumed Business Name Act if
applicable.
(6) Evidence of compliance with the qualifications and
standards established by the Office.
(7) If the fireworks or pyrotechnic display is to be fired
from a flotation device on water, the following additional
guidelines must be met:
(A) The display must be executed by manual electronic
firing or computer electric firing.
(B) Each pyrotechnic operator must wear a life jacket
or vest at all times while on the flotation device.
(b) After January 1, 2001, no person may engage in pyrotechnic
distribution without first applying for and obtaining a license from
the Office. Each properly licensed distributor may sell to anyone
within the State of Illinois who presents a current BATF license or
user permit and a local fireworks display permit from the local
authority having jurisdiction. Applicants for a license must submit
to the Office the following:
(1) It must have a current BATF license for 1.3G (Class B)
and 1.4G (Class C) Display Fireworks.
(2) It must show proof of $1,000,000 in product liability
insurance.
(3) It must pay a license fee of $700 per year.
(4) Fees as established by the Office.
(5) Evidence of registration as an Illinois corporation or
evidence of compliance with the Assumed Business Name Act.
(6) Evidence of compliance with the qualifications and
standards established by the Office including having a licensed
pyrotechnic operator for such displays.
(c) After January 1, 2001, no individual may engage in the
activity of operating or displaying pyrotechnics without first
applying for and obtaining a pyrotechnic operator's license from the
Office. Applicants for a license must submit to the Office the
following:
(1) The fees set by the Office.
(2) Have the requisite training or continuing education as
established in the Office's rules.
(3) Pass the examination of the Office.
Section 50. Issuance of license; renewal; fees nonrefundable.
(a) The Office, upon the applicant's satisfactory completion of
the requirements authorized under this Act and upon receipt of the
requisite fees, shall issue the appropriate license showing the name
and business location of the licensee, the dates of issuance, and
expiration.
(b) Each licensee may apply for renewal of his or her license
upon payment of fees, as set forth in this Act. The expiration date
and renewal period for each license issued under this Act shall be
set by rule. Failure to renew within 60 days of the date results in
lapse of the license. A lapsed license may not be reinstated until a
written application is filed, the renewal fee is paid, and the
reinstatement fee established by the Office is paid. Renewal and
HOUSE OF REPRESENTATIVES 639
reinstatement fees shall be waived for persons who did not renew
while on active duty in the military and who file for renewal or
restoration within one year after discharge from the service. A
lapsed license may not be reinstated after 5 years have elapsed
except upon passing an examination to determine fitness to have the
license restored and by paying the required fees.
(c) All fees paid under this Act are non-refundable.
Section 55. Insufficient funds checks. Any person who on 2
occasions issues or delivers a check or other order to the Office
that is not honored by the financial institution upon which it is
drawn because of insufficient funds on account shall pay to the
Office, in addition to the amount owing upon the check or other
order, a fee of $50. If the check or other order was issued or
delivered in payment of a renewal fee and the licensee whose license
has lapsed continues to practice without paying the renewal fee and
the $50 fee required under this Section, an additional fee of $100 is
imposed for practicing without a current license. The Office may
revoke or refuse to issue the license or licenses of any person who
fails to pay the requisite fees.
Section 60. Conditions of renewal; change of address; duplicate
license; inspection.
(a) As a condition of renewal of a license, the Office may
require the licensee to report information pertaining to his or her
practice which the Office determines to be in the interest of public
safety.
(b) A licensee shall report a change in home or office address
within 10 days of the change.
(c) Each licensee shall prominently display his or her license
to practice at each place from which the practice is being performed.
If more than one location is used, branch office certificates shall
be issued upon payment of a fee to be established by the Office.
(d) If a license or certificate is lost, a duplicate shall be
issued upon payment of the required fee to be established by the
Office. If a licensee wishes to change his or her name, the Office
shall issue a license in the new name upon satisfactory proof that
the change of name was done in accordance with law and upon payment
of the required fee.
(e) Each licensee shall permit his or her facilities to be
inspected by representatives of the Office.
Section 65. Grounds for discipline. Licensees subject to this Act
shall conduct their practice in accordance with this Act and the
rules promulgated under this Act. Licensees are subject to
disciplinary sanctions enumerated in this Act if the State Fire
Marshal finds that a licensee is guilty of any of the following:
(1) Fraud or material deception in obtaining or renewing a
license.
(2) Engaging in dishonorable, unethical, or unprofessional
conduct of a character likely to deceive, defraud, or harm the public
in the course of professional services or activities.
(3) Conviction of any crime that has a substantial relationship
to his or her practice or an essential element of which is
misstatement, fraud, dishonesty, or conviction in this or another
state of any crime that is a felony under the laws of Illinois or
conviction of a felony in a federal court, unless the licensee
demonstrates that he or she has been sufficiently rehabilitated to
warrant the public trust.
(4) Performing any service in a grossly negligent manner or
permitting any licensed employee to perform a service in a grossly
negligent manner, regardless of whether actual damage or damages to
the public is established.
(5) Habitual drunkenness or habitual addiction to the use of
640 JOURNAL OF THE [March 9, 1999]
morphine, cocaine, controlled substances, or other habit-forming
drugs.
(6) Directly or indirectly willfully receiving compensation for
any professional service not actually rendered.
(7) Having disciplinary action taken against his or her license
in another state.
(8) Making differential treatment against any person to his or
her detriment because of race, color, creed, sex, religion, or
national origin.
(9) Engaging in unprofessional conduct.
(10) Engaging in false or misleading advertising.
(11) Contracting or assisting an unlicensed person to perform
services for which a license is required under this Act.
(12) Permitting the use of his or her license to enable an
unlicensed person or agency to operate as a licensee.
(13) Performing and charging for a service without having the
authorization to do so from the member of the public being serviced.
(14) Failure to comply with any provision of this Act or the
rules promulgated under this Act.
(15) Conducting business regulated by this Act without a
currently valid license.
Section 75. Formal charges; hearing.
(a) The Office may file formal charges against a licensee.
Formal charges, at a minimum, inform the licensee of specific facts
that are the basis of the charge to enable the licensee to defend
himself or herself.
(b) Each licensee whose conduct is the subject of a formal
charge that seeks to impose disciplinary action against the licensee
shall be served notice of the formal charge at least 30 days before
the date of the hearing. The hearing shall be presided over by the
Office or a hearing officer authorized by the Office in compliance
with the Illinois Administrative Procedure Act. Service shall be
considered to have been given if the notice was personally received
by the licensee or if the notice was mailed certified, return
requested, to the licensee at the licensee's last known address as
listed with the Office.
(c) The notice of a formal charge shall consist, at a minimum,
of the following information:
(1) The time and date of the hearing.
(2) A statement that the licensee appear personally at the
hearing and may be represented by counsel.
(3) A statement that the licensee has the right to produce
witnesses and evidence in his or her behalf and the right to
cross-examine witnesses and evidence produced against him or her,
(4) A statement that the hearing can result in disciplinary
action being taken against his or her license.
(5) A statement that rules for the conduct of these
hearings exist and it may be in his or her best interest to
obtain a copy.
(6) A statement that the hearing officer authorized by the
Office shall preside at the hearing and, following the conclusion
of the hearing, make findings of fact, conclusions of law, and
recommendations, separately stated, to the Office as to what
disciplinary action, if any, should be imposed on the licensee.
(7) A statement that the Office may continue the hearing.
(d) The Office or the hearing officer authorized by the Office
shall hear evidence produced in support of the formal charges and
contrary evidence produced by the licensee, if any. If the hearing is
conducted by a hearing officer, at the conclusion of the hearing, the
hearing officer shall make findings of fact, conclusions of law, and
recommendations, separately stated, and submit them to the Office and
HOUSE OF REPRESENTATIVES 641
to all parties to the proceeding. Submission to the licensee shall be
considered as having been made if done in a similar fashion as
service of the notice of formal charges. Within 20 days after the
service, any party to the proceeding may present to the Office a
motion, in writing, for a rehearing. The written motion shall specify
the particular grounds for the rehearing.
(e) The Office, following the time allowed for filing a motion
for rehearing, shall review the hearing officer's finding of fact,
conclusions of law, recommendations, and any motions filed subsequent
to the hearing. After review of the information the Office may hear
oral arguments and thereafter issue an order. The report of findings
of fact, conclusions of law, and recommendations of the hearing
officer shall be the basis for the Office's order. If the Office
finds that substantial justice was not done, it may issue an order in
contravention of the hearing officer's findings.
(f) All proceedings under this Section are matters of public
record and shall be preserved.
Section 80. Sanctions.
(a) The Office shall impose any of the following sanctions,
singularly or in combination, when it finds that a licensee is guilty
of any offense described in this Act:
(1) revocation;
(2) suspension for any period of time;
(3) reprimand or censure;
(4) place on probationary status and require the submission
of any of the following:
(i) report regularly to the Office upon matters that
are the basis of the probation;
(ii) continue or renew professional education until a
satisfactory degree of skill has been attained in those
areas that are the basis of the probation; or
(iii) such other reasonable requirements or
restrictions as are proper.
(5) refuse to issue, renew, or restore; or
(6) revoke probation that has been granted and impose any
other discipline in this subsection (a) when the requirements of
probation have not been fulfilled or have been violated.
(b) The State Fire Marshal may summarily suspend a license under
this Act, without a hearing, simultaneously with the filing of a
formal complaint and notice for a hearing provided under this Section
if the State Fire Marshal finds that the continued operations of the
individual would constitute an immediate danger to the public. In the
event the State Fire Marshal suspends a license under this
subsection, a hearing by the hearing officer designated by the State
Fire Marshal shall begin within 20 days after the suspension begins,
unless continued at the request of the licensee.
(c) Disposition may be made of any formal complaint by consent
order between the State Fire Marshal and the licensee, but the Office
must be apprised of the full consent order in a timely way.
(d) The Office shall reinstate any license to good standing
under this Act, upon recommendation to the Office, after a hearing
before the hearing officer authorized by the Office. The Office shall
be satisfied that the applicant's renewed practice is not contrary to
the public interest.
(e) The Office may conduct hearings and issue cease and desist
orders to persons who engage in activities prohibited by this Act
without having a valid license, certificate, or registration. Any
person in violation of a cease and desist order entered by the Office
is subject to all of the remedies provided by law, and in addition,
is subject to a civil penalty payable to the party injured by the
violation.
642 JOURNAL OF THE [March 9, 1999]
Section 85. Subpoena, production of evidence; records;
administrative review; license suspension; revocation.
(a) The Office has the power to subpoena and bring before it any
person in this State and to take testimony either orally or by
deposition, or both, with the same fees and mileage and in the same
manner as is prescribed by law for judicial proceedings in civil
cases. The State Fire Marshal, the Office, and the hearing officer
approved by the Office, have the power to administer oaths at any
hearing that the Office is authorized to conduct.
(b) Any circuit court, upon the application of the licensee, the
Office, or the State Fire Marshal, may order the attendance of
witnesses and the production of relevant books and papers in any
hearing under this Act. The court may compel obedience to its order
by proceedings for contempt.
(c) The Office of the State Fire Marshal, at its expense, shall
provide a stenographer or a mechanical recording device to record the
testimony and preserve a record of all proceedings at the hearing of
any case in which a license may be revoked, suspended, placed on
probationary status, or other disciplinary action taken with regard
to the license. The notice of hearing, complaint, and all other
documents in the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the hearing
officer and the orders of the State Fire Marshal shall constitute the
record of the proceedings. The Office shall furnish a transcript of
the record to any interested person upon payment of the costs of
copying and transmitting the record.
(d) All final administrative decisions of the Office are subject
to judicial review under the Administrative Review Law and the rules
adopted under that Law. Proceedings for judicial review shall be
commenced in the circuit court of the county in which the party
applying for review resides; but if the party is not a resident of
Illinois, the venue is in Sangamon County. The State Fire Marshal is
not required to certify any record to the court or file any answer in
court or otherwise appear in any court in a judicial review
proceeding, unless there is filed in the court with the complaint a
receipt from the Office acknowledging payment of the costs of
furnishing and certifying the record. Those costs shall be computed
at the cost of preparing the record. Exhibits shall be certified
without cost. Failure on the part of the licensee to file the receipt
in court is a ground for dismissal of the action. During all judicial
proceedings incident to a disciplinary action, the sanctions imposed
upon the accused by the Office remain in effect, unless the court
feels justice requires a stay of the order.
(e) An order of revocation, suspension, placing the license on
probationary status, or other formal disciplinary action as the State
Fire Marshal may consider proper, or a certified copy of the order
over the seal of the Office and purporting to be signed by the State
Fire Marshal, is prima facie proof that:
(1) the signature is that of the State Fire Marshal;
(2) the State Fire Marshal is qualified to Act; and
(3) the hearing officer is qualified to Act on behalf of
the Office.
The proof specified in paragraphs (1), (2), and (3) may be
rebutted.
(f) Upon the suspension or revocation of a license issued under
this Act, a licensee shall surrender the license to the Office and
upon failure to do so, the Office shall seize the license.
(g) The Office, upon request, shall publish a list of the names
and addresses of all licensees under the provisions of this Act. The
Office shall publish a list of all persons whose licenses have been
disciplined within the past year, together with such other
HOUSE OF REPRESENTATIVES 643
information as it may consider Of interest to the public.
Section 90. Penalties. Any natural person who violates any of the
following provisions is guilty of a Class A misdemeanor for the first
offense and a corporation or other entity that violates any of the
following provision commits a petty offense punishable by a fine not
to exceed $1,000; a second or subsequent offenses in violation of any
Section of this Act, including this Section, are Class 4 felonies if
committed by a natural person, or a business offense punishable by a
fine of up to $5,000 if committed by a corporation or other business
entity:
(1) Practicing or attempting to practice as a pyrotechnic
operator, pyrotechnic distributor or pyrotechnic displayer
without a license;
(2) Obtaining or attempting to obtain a license, practice
or business, or any other thing of value by fraudulent
representation;
(3) Permitting, directing, or authorizing any person in
one's employ or under one's direction or supervision to work or
serve as a licensee if that individual does not possess an
appropriate valid license.
Whenever any person is punished as a repeat offender under this
Section, the Office may proceed to obtain a permanent injunction
against the person under Section 10. If any person in making any oath
or affidavit required by this Act swears falsely, the person is
guilty of perjury and upon conviction may be punished accordingly.
Section 905. The Illinois Explosives Act is amended by changing
Section 1003 as follows:
(225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
Sec. 1003. Definitions. As used in this Act:
(a) "Person" means any individual, corporation, company,
association, partnership, or other legal entity.
(b) "Explosive materials" means explosives, blasting agents, and
detonators.
(c) "Explosive" means any chemical compound, mixture or device,
the primary or common purpose of which is to function by explosion
and includes high or low explosives. For purposes of the
administration of this Act, the following are not considered
explosives: fixed ammunition for small arms, safety fuses, matches,
fireworks, theatrical pyrotechnics, and model rocket fuel.
Manufactured articles, including, but not limited to, fixed
ammunition for small arms, fire crackers, safety fuses, and matches
are not explosives when the individual units contain explosives in
such limited quantity and of such nature or in such packing that it
is impossible to produce a simultaneous or a destructive explosion of
such units which would be injurious to life, limb or property.
(d) "Blasting agent" means any material or mixture consisting of
a fuel and oxidizer intended for blasting, not otherwise defined as
an explosive, provided that the finished product, as mixed and
packaged for use or shipment, cannot be detonated by means of a No. 8
blasting cap, as defined by the Bureau of Alcohol, Tobacco and
Firearms, U.S. Department of Treasury, when unconfined.
(e) "Detonator" means any device containing any initiating or
primary explosive that is used for initiating detonation. A
detonator may not contain more than 10 grams of total explosives by
weight, excluding ignition or delay charges.
(f) "Highway" means any public street, public highway, or public
alley.
(g) "Railroad" or "railway" means any public steam, electric or
other railroad or rail system which carries passengers for hire, but
shall not include auxiliary tracks, spurs and sidings installed and
primarily used in serving any mine, quarry or plant.
644 JOURNAL OF THE [March 9, 1999]
(h) "Building" means and includes any building regularly
occupied, in whole or in part, as a habitation for human beings, and
any church, schoolhouse, railway station or other building where
people are accustomed to assemble, but does not mean or include any
buildings of a mine or quarry or any of the buildings of a
manufacturing plant where the business of manufacturing explosive
materials is conducted.
(i) "Factory building" means any building or other structure in
which the manufacture or any part of the manufacture of explosive
materials is conducted.
(j) "Magazine" means any building or other structure or
container, other than a factory building, used to store explosive
materials. Where mobile or portable type 5 magazines are permissible
and used, "magazine", for the purpose of obtaining certificates and
calculating fees, means the site on which such magazines are located.
(k) "Magazine keeper" means a qualified supervisory person
responsible for the inventory and safe storage of explosive
materials, including the proper maintenance of explosive materials,
storage magazines and surrounding areas.
(l) "Black powder" means a deflagrating or low explosive
compound of an intimate mixture of sulfur, charcoal and an alkali
nitrate, usually potassium or sodium nitrate.
(m) "Municipality" includes cities, villages, and incorporated
towns and townships.
(n) "Fugitive from justice" means any individual who has fled
from the jurisdiction of any court of record to avoid prosecution for
any crime or to avoid giving testimony in any criminal proceeding.
This term shall also include any individual who has been convicted of
any crime and has fled to avoid imprisonment.
(o) "Department" means the Department of Natural Resources.
(p) "Small arms" means guns of 50 calibers or less.
(q) "Director" means the Director of Natural Resources.
(r) "Storage certificate" means the certificate issued by the
Department under Article 3 of this Act that authorizes the holder to
store explosive materials in the magazine for which the certificate
is issued.
(s) "License" means that license issued by the Department under
Article 2 of this Act authorizing the holder to possess, use,
purchase, transfer or dispose of, but not to store, explosive
materials.
(Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
Section 910. The Fireworks Use Act is amended by changing Section
2 as follows:
(425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
Sec. 2. Except as hereinafter provided it shall be unlawful for
any person, firm, co-partnership, or corporation to knowingly
possess, offer for sale, expose for sale, sell at retail, or use or
explode any fireworks; provided that city councils in cities, the
president and board of trustees in villages and incorporated towns,
and outside the corporate limits of cities, villages and incorporated
towns, the county board, shall have power to adopt reasonable rules
and regulations for the granting of permits for supervised public
displays of fireworks. Every such display shall be handled by a
competent individual who is licensed as a pyrotechnics displayer and
pyrotechnic operator designated by the local authorities herein
specified and shall be of such a character and so located, discharged
or fired, as not to be hazardous to property or endanger any person
or persons. Application for permits shall be made in writing at least
15 days in advance of the date of the display and action shall be
taken on such application within 48 hours after such application is
made. After such privilege shall have been granted, sales,
HOUSE OF REPRESENTATIVES 645
possession, use and distribution of fireworks for such display shall
be lawful for that purpose only. No permit granted hereunder shall be
transferable.
Permits may be granted hereunder to any groups of 3 or more adult
individuals applying therefor. No permit shall be required, under the
provisions of this Act, for supervised public displays by State or
County fair associations.
The governing body shall require proof of insurance a bond from
the licensee in a sum not less than $2,000,000 $1,000 conditioned on
compliance with the provisions of this law and the regulations of the
State Fire Marshal adopted hereunder, except that no municipality
shall be required to provide evidence of insurance file such bond.
Such permit shall be issued only after inspection of the display
site by the issuing officer, to determine that such display shall not
be hazardous to property or endanger any person or persons. Forms
for such application and permit may be obtained from the Office of
the State Fire Marshal. One copy of such permit shall be on file
with the issuing officer, and one copy forwarded to the Office of the
State Fire Marshal.
Possession by any party holding a certificate of registration
under "The Fireworks Regulation Act of Illinois", filed July 20,
1935, or by any employee or agent of such party or by any person
transporting fireworks for such party, shall not be a violation,
provided such possession is within the scope of business of the
fireworks plant registered under that Act.
(Source: P.A. 86-1028.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Kosel, HOUSE BILL 17 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:
104, 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 and ask their
concurrence.
On motion of Representative McKeon, HOUSE BILL 38 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
105, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 5)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
646 JOURNAL OF THE [March 9, 1999]
HOUSE BILLS ON SECOND READING
Having been printed, the following bill was taken up, read by
title a second time and held on the order of Second Reading: HOUSE
BILL 1438.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Schoenberg, HOUSE BILL 76 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:
100, Yeas; 2, Nays; 4, 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 and ask their
concurrence.
On motion of Representative Durkin, HOUSE BILL 129 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:
95, Yeas; 9, Nays; 4, 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 and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 2218. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Higher
Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2218
AMENDMENT NO. 1. Amend House Bill 2218 on page 3, line 32, by
deleting "appointed by the Governor".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
HOUSE OF REPRESENTATIVES 647
On motion of Representative Curry, HOUSE BILL 329 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
110, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 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 and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 1134. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Elementary & Secondary Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1134
AMENDMENT NO. 1. Amend House Bill 1134 on page 13, by replacing
lines 2 through 8 with the following:
"Equalized Assessed Valuation of that district. For the 1999-2000
school year, the Extension Limitation Equalized Assessed Valuation of
a school district as calculated by the State Board of Education shall
be equal to the product of the district's 1996 Equalized Assessed
Valuation and the district's Extension Limitation Ratio. For the
2000-2001 school year and each school year thereafter, the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to the
product of the last calculated Extension Limitation Equalized
Assessed Valuation and the district's Extension Limitation Ratio. If
the Extension Limitation".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2343. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2343
AMENDMENT NO. 1. Amend House Bill 2343 by replacing the title
with the following:
"AN ACT to amend the Plat Act by changing Section 3."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Plat Act is amended by changing Section 3 as
follows:
(765 ILCS 205/3) (from Ch. 109, par. 3)
Sec. 3. The acknowledgment and recording of such plat, or the
acknowledgment and the filing of the same shall be held in all courts
to be a conveyance in fee simple of such portions of the premises
platted as are marked or noted on such plat as donated or granted to
the public, or any person, religious society, corporation or body
politic, and as a general warranty against the donor, his or her
648 JOURNAL OF THE [March 9, 1999]
heirs and representatives, to such donee or grantee, for their use or
for the use and purposes therein named or intended, and for no other
use or purpose; and the premises intended for any street, alley, way,
common or other public use in any city, village or town, or addition
thereto, shall be held in the corporate name thereof in trust to and
for the uses and purposes set forth or intended.
The location and construction of municipal utilities is an
intended use of a fee simple right-of-way dedication, provided that
all jurisdictions with an interest in the right-of-way permit the
installation of the municipal utilities.
(Source: P.A. 83-345.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2019. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Financial
Institutions, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2019
AMENDMENT NO. 1. Amend House Bill 2019 on page 1, line 2, by
replacing "13 and 17" with "13, 17, and 39"; and
on page 1, by replacing line 6 with the following:
"changing Sections 13, 17, and 39 as follows:"; and
on page 2, by replacing lines 22 through 31 with the following:
"banking business, a bank, upon written notice to the Commissioner,
may change its name by filing written notice with the Commissioner at
least 30 days prior to the effective date of such change. A bank
chartered under this Act may change its main banking premises by
filing written application with the Commissioner, on forms prescribed
by the Commissioner, provided (i) the change shall not be a removal
to a new location without complying with the capital requirements of
Section 7 and of subsection (1) of Section 10 of this Act; (ii) the
Commissioner approves the relocation or change; and (iii) the bank
complies with any applicable federal law or regulation. The
application shall be deemed to be approved if the Commissioner has
not acted on the application within 30 days after receipt of the
application, unless within the 30-day time frame the Commissioner
informs the bank that an extension of time is necessary prior to the
Commissioner's action on the application."; and
on page 11, after line 18, by inserting the following:
"(205 ILCS 5/39) (from Ch. 17, par. 349)
Sec. 39. Directors' and officers' liability.
(a) Every director or officer of a State bank, who shall
violate, or participate in, or assent to a violation of Section 32,
33, 34, 35.1, or 35.2 of this Act, or who shall permit any of the
officers, agents, or servants of the state bank to violate the
provisions of Section 32, 33, 34, 35.1, or 35.2 of this Act shall be
held liable in his or her personal or individual capacity for all
damages which the State bank, its stockholders, or any other person
shall have sustained in consequence of the violation. No director or
officer of a State bank shall be held liable in his or her personal
or individual capacity under this Section, however, for a loan,
investment, lease, or other transaction that complied in good faith
with the applicable provisions of Section 32, 33, 34, 35.1, or 35.2,
when made or acquired by the State bank, but later violated the
provisions of Section 32, 33, 34, 35.1, or 35.2 solely because of a
subsequent reduction in the amount of the unimpaired capital or
HOUSE OF REPRESENTATIVES 649
unimpaired surplus of the State bank. Nothing contained in this
Section shall be construed to limit in any way the Commissioner's
powers and authority including, but not limited to, the powers and
authority vested in the Commissioner by Section 48 of this Act.
(b) By the affirmative vote of the holders of at least
two-thirds of the outstanding shares of stock of a State bank, such
vote occurring at any annual or special meeting of shareholders held
pursuant to this Act or occurring pursuant to the waiver provisions
of Section 43 of this Act, The charter of a State bank may establish
contain a provision providing that a director is not personally
liable to the bank or its shareholders for monetary damages for a
breach of the director's fiduciary duty; provided, however, that such
provision may not eliminate or limit the liability of a director for
any of the following:
(1) An act or omission that is grossly negligent.
(2) A breach of the director's duty of loyalty to the bank
or its shareholders.
(3) Acts or omissions not in good faith or that involve
intentional misconduct or a knowing violation of law.
(4) A transaction from which the director derived an
improper personal benefit.
(5) An act or omission occurring before the effective date
of the provision in the charter authorized by this subsection.
(Source: P.A. 88-636, eff. 9-9-94.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 802. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Children & Youth, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 802
AMENDMENT NO. 1. Amend House Bill 802 on page 4, by replacing
lines 15 and 16 with the following:
"(d) No operator of a motorcycle, motor driven cycle, or
motorized pedalcycle shall permit a passenger under 16 years of age
to ride without wearing a"; and
on page 5, by replacing lines 19 through 31 with the following:
"(c) A violation of this Section is a petty offense punishable
by a fine not to exceed $5."; and
on page 5, line 32, by replacing "(e)" with "(d)".
AMENDMENT NO. 2 TO HOUSE BILL 802
AMENDMENT NO. 2. Amend House Bill 802, AS AMENDED, in the
introductory clause of Section 10, by replacing "Sections 11-1507.2
and" with "Section"; and
in Section 10, by deleting all of Sec. 11-1507.2.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 was ordered engrossed; and the bill, as amended, was
advanced to the order of Third Reading.
HOUSE BILL 1915. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Financial
650 JOURNAL OF THE [March 9, 1999]
Institutions, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1915
AMENDMENT NO. 1. Amend House Bill 1915 on page 1 by replacing
line 7 with the following:
"Sec. 14. (a) A Every title insurance company, a title
insurance agent, and an every"; and
on page 1, line 27, by changing "0.10%" to "0.25%"; and
on page 3, line 24, by changing "insurers" to "title insurance
companies and all title insurance agents".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative O'Brien, HOUSE BILL 731 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
110, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 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 and ask their
concurrence.
On motion of Representative Tom Johnson, HOUSE BILL 448 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
110, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 10)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 788. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 788
AMENDMENT NO. 1. Amend House Bill 788, on page 2, lines 16 and
17, by changing "A misdemeanor" to "4 felony"; and
on page 2, line 18, by changing "4" to "3".
HOUSE OF REPRESENTATIVES 651
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1805. 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 HOUSE BILL 1805
AMENDMENT NO. 1. Amend House Bill 1805, on page 50, line 7, by
replacing "she they sold real at" with "she has sold real estate at".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 390. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Local
Government, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 390
AMENDMENT NO. 1. Amend House Bill 390 on page 2, by inserting
immediately below line 6 the following:
"(c) For the purposes of the Property Tax Extension Limitation
Law, the amount of the extension abatement shall continue to be
included in the park district's aggregate extension base.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1180. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1180
AMENDMENT NO. 1. Amend House Bill 1180, on page 11, line 20,
after "stated.", by inserting "Nothing in this Act shall prohibit a
Public Safety Personnel Organization from stating the actual number
of members it has in any geographical area."; and
on page 12, by deleting lines 30 through 34; and
on page 13, by deleting lines 1 and 2.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1182. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
652 JOURNAL OF THE [March 9, 1999]
AMENDMENT NO. 1 TO HOUSE BILL 1182
AMENDMENT NO. 1. Amend House Bill 1182, on page 2, line 4, by
changing "Sheriff" to "Sheriff's Merit Board".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 124. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Elementary & Secondary Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 124
AMENDMENT NO. 1. Amend House Bill 124 by replacing everything
after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
2-3.13a as follows:
(105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
Sec. 2-3.13a. Scholastic records; transferring students. The
State Board of Education shall establish and implement rules
requiring all of the public schools and all private or nonpublic
elementary and secondary schools located in this State, whenever any
such school has a student who is transferring to any other public
elementary or secondary school located in this or in any other state,
to forward within 10 days of notice of the student's transfer an
unofficial record of that student's grades to the school to which
such student is transferring. Each public school at the same time
also shall forward to the school to which the student is transferring
the remainder of the student's school student records as required by
the Illinois School Student Records Act. In addition, if a student is
transferring from a public school from which the student has been
suspended or expelled for knowingly possessing in a school building
or on school grounds a weapon as defined in the Gun Free Schools Act
(20 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
delivering in a school building or on school grounds a controlled
substance or cannabis, or for battering a staff member of the school,
and if the period of suspension or expulsion has not expired at the
time the student attempts to transfer into another public school in
the same or any other school district: (i) any school student records
required to be transferred shall include the date and duration of the
period of suspension or expulsion; and (ii) with the exception of
transfers into the Department of Corrections school district, the
student shall not be permitted to attend class in the public school
into which he or she is transferring until the student has served the
entire period of the suspension or expulsion imposed by the school
from which the student is transferring. No public or private school
in this State shall accept or admit any student presenting himself or
herself for enrollment unless that student can prove he or she is not
currently suspended or expelled for any weapons related offense as
the term weapon is defined in the Gun Free Schools Act. Each public
school and each private or nonpublic elementary or secondary school
in this State shall within 10 days after the student has paid all of
his or her outstanding fines and fees and at its own expense forward
an official transcript of the scholastic records of each student
transferring from that school in strict accordance with the
provisions of this Section and the rules established by the State
Board of Education as herein provided.
HOUSE OF REPRESENTATIVES 653
The State Board of Education shall develop a one-page standard
form that school districts are required to provide to any student who
is moving out of the school district and that contains the
information about whether or not the student is "in good standing"
and whether or not his or her medical records are up-to-date and
complete. As used in this Section, "in good standing" means that the
student is not being disciplined by a suspension or expulsion, but is
entitled to attend classes. No school district is required to admit
a new student unless he or she can produce the standard form from the
student's previous school district enrollment.
(Source: P.A. 89-261, eff. 8-10-95; 89-622, eff. 8-9-96; 89-698, eff.
1-14-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2 TO HOUSE BILL 124
AMENDMENT NO. 2. Amend House Bill 124 by replacing everything
after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
2-3.13a as follows:
(105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
Sec. 2-3.13a. Scholastic records; transferring students. The
State Board of Education shall establish and implement rules
requiring all of the public schools and all private or nonpublic
elementary and secondary schools located in this State, whenever any
such school has a student who is transferring to any other public
elementary or secondary school located in this or in any other state,
to forward within 10 days of notice of the student's transfer an
unofficial record of that student's grades to the school to which
such student is transferring. Each public school at the same time
also shall forward to the school to which the student is transferring
the remainder of the student's school student records as required by
the Illinois School Student Records Act. In addition, if a student is
transferring from a public school, whether located in this or any
other state, from which the student has been suspended or expelled
for knowingly possessing in a school building or on school grounds a
weapon as defined in the Gun Free Schools Act (20 U.S.C. 8921 et
seq.), for knowingly possessing, selling, or delivering in a school
building or on school grounds a controlled substance or cannabis, or
for battering a staff member of the school, and if the period of
suspension or expulsion has not expired at the time the student
attempts to transfer into another public school in the same or any
other school district: (i) any school student records required to be
transferred shall include the date and duration of the period of
suspension or expulsion; and (ii) with the exception of transfers
into the Department of Corrections school district, the student shall
not be permitted to attend class in the public school into which he
or she is transferring until the student has served the entire period
of the suspension or expulsion imposed by the school from which the
student is transferring, provided that the school board may approve
the placement of the student in an alternative school program
established under Article 13A of this Act. Each public school and
each private or nonpublic elementary or secondary school in this
State shall within 10 days after the student has paid all of his or
her outstanding fines and fees and at its own expense forward an
official transcript of the scholastic records of each student
transferring from that school in strict accordance with the
provisions of this Section and the rules established by the State
Board of Education as herein provided.
The State Board of Education shall develop a one-page standard
654 JOURNAL OF THE [March 9, 1999]
form that Illinois school districts are required to provide to any
student who is moving out of the school district and that contains
the information about whether or not the student is "in good
standing" and whether or not his or her medical records are
up-to-date and complete. As used in this Section, "in good standing"
means that the student is not being disciplined by a suspension or
expulsion, but is entitled to attend classes. No school district is
required to admit a new student who is transferring from another
Illinois school district unless he or she can produce the standard
form from the student's previous school district enrollment. No
school district is required to admit a new student who is
transferring from an out-of-state public school unless the parent or
guardian of the student certifies in writing that the student is not
currently serving a suspension or expulsion imposed by the school
from which the student is transferring.
(Source: P.A. 89-261, eff. 8-10-95; 89-622, eff. 8-9-96; 89-698, eff.
1-14-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 1365. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 747. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Transportation & Motor Vehicles, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 747
AMENDMENT NO. 1. Amend House Bill 747 as follows:
on page 1, line 9, immediately after "shall", by inserting "create a
counseling or trauma program and"; and
on page 1, line 11, immediately after "crew" by inserting "directly";
and
on page 1, by replacing lines 13 through 30 with the following:
"injury on its railway or right of way.
(b) If the engineer or other operating crew member directly
involved requests, at the site of the accident or within 48 hours of
the accident, he or she shall be relieved from duty with compensation
and applicable benefits for 3 days.
(c) Each rail carrier operating in this State must file its
counseling or trauma program with the Illinois Commerce Commission,
which shall be available for public inspection."
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
HOUSE OF REPRESENTATIVES 655
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Currie, HOUSE BILL 1509 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:
76, Yeas; 35, Nays; 0, Answering Present.
(ROLL CALL 11)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Scott, HOUSE BILL 567 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:
95, Yeas; 16, Nays; 0, Answering Present.
(ROLL CALL 12)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 1825. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Agriculture & Conservation, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1825
AMENDMENT NO. 1. Amend House Bill 1825 as follows:
on page 1, line 25, by replacing "may" with "shall".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 502. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Consumer
Protection & Product Regulation, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 502
AMENDMENT NO. 1. Amend House Bill 502, on page 1, by replacing lines
11 through 13 with the following:
"initial licensure under this Act to submit to a criminal background
check as part of the qualification for licensure. If an applicant's
criminal background check indicates criminal conviction, the
applicant must further submit to a fingerprint-based criminal
background check. The Department shall adopt rules to implement this
Section.".
656 JOURNAL OF THE [March 9, 1999]
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 902. 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 HOUSE BILL 902
AMENDMENT NO. 1. Amend House Bill 902 on page 1, line 7, by
replacing "1999" with "2000"; and
on page 1, line 16, by replacing "1999" with "2000"; and
on page 47, line 23, by replacing "July 1, 1999" with "December 31,
1999"; and
on page 74, line 18, by replacing "July 1, 1999" with "December 31,
1999"; and
on page 87, line 3, by replacing "July 1, 1999" with "December 31,
1999"; and
on page 87, line 12, by replacing "July 1, 1999" with "December 31,
1999"; and
on page 87, line 27, by replacing "July 1, 1999" with "December 31,
1999"; and
on page 89, line 4, by replacing "January 1, 2010" with "December 31,
2009"; and
on page 89, line 5, by replacing "January 1, 2010" with "December 31,
2009"; and
on page 89, line 6, by replacing "1999" with "2000"; and
on page 93, line 30, by replacing "1999" with "2000"; and
on page 95, line 19, by replacing "1999" with "2000"; and
on page 96, line 7, by replacing "1999" with "2000"; and
on page 105, line 6, by replacing "1999" with "2000"; and
on page 106, line 10, by replacing "1999" with "2000"; and
on page 107, line 23, by replacing "1999" with "2000"; and
on page 108, line 16, by replacing "1999" with "2000"; and
on page 108, line 23, by replacing "1999" with "2000"; and
on page 109, line 13, by replacing "1999" with "2000"; and
on page 109, line 31, by replacing "1999" with "2000"; and
on page 112, line 15, by replacing "1999" with "2000"; and
on page 112, line 25 by replacing "January 1, 2000" with "December
31, 1999.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON SECOND READING
HOUSE BILL 1194. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1194
AMENDMENT NO. 1. Amend House Bill 1194 by replacing the title
with the following:
HOUSE OF REPRESENTATIVES 657
"AN ACT concerning schools, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
10-27.1A as follows:
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Reporting Firearms in schools.
(a) All school officials, including teachers, guidance
counselors, and support staff, shall immediately notify a local law
enforcement agency and the office of the principal in the event that
they observe any person in possession of a firearm on school grounds.
A report is not required by this Section when the school official
knows that the person in possession of the firearm is a law
enforcement official engaged in the conduct of his or her official
duties. Willful failure to comply with this Section shall subject
the non-reporting school official to suspension or revocation of
certification, pursuant to subsection (a) of Section 21-23 of this
Code.
(b) Upon receiving a report from any school official pursuant to
the Section, or from any other person, the principal or his or her
designee shall, if not already done, immediately notify a local law
enforcement agency. If the person found to be in possession of a
firearm on school grounds is a student, the principal or his or her
designee shall also immediately notify that student's parent or
guardian. Upon receiving notification from the principal or his or
her designee or any other school official, the local law enforcement
agency shall immediately commence an investigation and determine
whether to file a delinquency petition or complaint. If the person
found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor until such
time as the agency makes a determination pursuant to clause (a) of
subsection (1) of Section 5-401 of the Juvenile Court Act of 1987, as
to whether the agency reasonably believes that the minor is
delinquent. If the law enforcement agency determines that probable
cause exists to believe that the minor committed a violation of item
(4) of subsection (a) of Section 24-1 of the Criminal Code of 1961
while on school grounds, the agency shall detain the minor for
processing pursuant to Section 5-407 of the Juvenile Court Act of
1987.
(c) On or after January 1, 1997, upon receipt of any written,
electronic, or verbal report from any school personnel regarding a
verified incident involving a firearm in a school or on school owned
or leased property, including any conveyance owned, leased, or used
by the school for the transport of students or school personnel, the
superintendent or his or her designee shall report all such
firearm-related incidents occurring in a school or on school property
to the local law enforcement authorities immediately no later than 24
hours after the occurrence of the incident and to the Department of
State Police in a form, manner, and frequency as prescribed by the
Department of State Police.
The State Board of Education shall receive an annual statistical
compilation and related data associated with incidents involving
firearms in schools from the Department of State Police.
(d) As used in this Section, the term "firearm" shall have the
meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
As used in this Section, the term "school" means any public or
private elementary or secondary school.
As used in this Section, the term "school grounds" includes the
real property comprising any school, any conveyance owned, leased, or
contracted by a school to transport students to or from school or a
school-related activity, or any public way within 1,000 feet of the
658 JOURNAL OF THE [March 9, 1999]
real property comprising any school.
(Source: P.A. 89-498, eff. 6-27-96.)
Section 10. The Juvenile Court Act of 1987 is amended by adding
Section 5-407 as follows:
(705 ILCS 405/5-407 new)
Sec. 5-407. Processing of juvenile in possession of a firearm.
(a) If a law enforcement officer detains a minor pursuant to
Section 10-27.1A of the School Code, the officer shall deliver the
minor to the nearest juvenile officer, in the manner prescribed by
subsection (2) of Section 5-405 of this Act. The juvenile officer
shall deliver the minor without unnecessary delay to the court or to
the place designated by rule or order of court for the reception of
minors. In no event shall the minor be eligible for any other
disposition by the juvenile police officer, notwithstanding the
provisions of subsection (3) of Section 5-405 of this Act.
(b) Minors not excluded from this Act's jurisdiction under
subsection (3)(a) of Section 5-130 of this Act shall be brought
before a judicial officer within 40 hours, exclusive of Saturdays,
Sundays, and court-designated holidays, for a detention hearing to
determine whether he or she shall be further held in custody. If the
court finds that there is probable cause to believe that the minor is
a delinquent minor by virtue of his or her violation of item (4) of
subsection (a) of Section 24-1 of the Criminal Code of 1961 while on
school grounds, that finding shall operate as a determination of
urgent and immediate necessity under subdivision (2) of Section 5-501
of this Act and the minor shall be detained, pending the results of a
court-ordered psychological evaluation to determine if the minor is a
risk to himself, herself, or others. Upon receipt of the
psychological evaluation, the court shall review the determination
regarding the existence of urgent and immediate necessity. The court
shall consider the psychological evaluation in conjunction with the
other factors identified in subdivision (2) of Section 5-501 of this
Act in order to make a de novo determination regarding whether it is
a matter of immediate and urgent necessity for the protection of the
minor or of the person or property of another that the minor be
detained or placed in a shelter care facility. In addition to the
pre-trial conditions found in Section 5-505 of this Act, the court
may order the minor to receive counseling and any other services
recommended by the psychological evaluation as a condition for
release of the minor.
(c) Upon making a determination that the student presents a risk
to himself, herself, or others, the court shall issue an order
restraining the student from entering the property of the school if
he or she has been suspended or expelled from the school as a result
of possessing a firearm. The order shall restrain the student from
entering the school and school owned or leased property, including
any conveyance owned, leased, or contracted by the school to
transport students to or from school or a school-related activity.
The order shall remain in effect until such time as the court
determines that the student no longer presents a risk to himself,
herself, or others.
(d) Psychological evaluations ordered pursuant to subsection (b)
of this Section and statements made by the minor during the course of
these evaluations, shall not be admissible on the issue of
delinquency during the course of any adjudicatory hearing held under
this Act.
(e) In this Section:
"School" means any public or private elementary or secondary
school.
"School grounds" includes the real property comprising any
school, any conveyance owned, leased, or contracted by a school to
HOUSE OF REPRESENTATIVES 659
transport students to or from school or a school-related activity, or
any public way within 1,000 feet of the real property comprising any
school.
Section 15. The Code of Criminal Procedure of 1963 is amended by
changing Sections 110-4 and 110-10 as follows:
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
Sec. 110-4. Bailable Offenses.
(a) All persons shall be bailable before conviction, except the
following offenses where the proof is evident or the presumption
great that the defendant is guilty of the offense: capital offenses;
offenses for which a sentence of life imprisonment may be imposed as
a consequence of conviction; or felony offenses for which a sentence
of imprisonment, without conditional and revocable release, shall be
imposed by law as a consequence of conviction, where the court after
a hearing, determines that the release of the defendant would pose a
real and present threat to the physical safety of any person or
persons; or stalking or aggravated stalking, where the court, after a
hearing, determines that the release of the defendant would pose a
real and present threat to the physical safety of the alleged victim
of the offense and denial of bail is necessary to prevent fulfillment
of the threat upon which the charge is based; or unlawful use of
weapons in violation of item (4) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 when that offense occurred in a school or
in any conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related activity, or
on any public way within 1,000 feet of real property comprising any
school, where the court, after a hearing, determines that the release
of the defendant would pose a real and present threat to the physical
safety of any person and denial of bail is necessary to prevent
fulfillment of that threat.
(b) A person seeking release on bail who is charged with a
capital offense or an offense for which a sentence of life
imprisonment may be imposed shall not be bailable until a hearing is
held wherein such person has the burden of demonstrating that the
proof of his guilt is not evident and the presumption is not great.
(c) Where it is alleged that bail should be denied to a person
upon the grounds that the person presents a real and present threat
to the physical safety of any person or persons, the burden of proof
of such allegations shall be upon the State.
(d) When it is alleged that bail should be denied to a person
charged with stalking or aggravated stalking upon the grounds set
forth in Section 110-6.3 of this Code, the burden of proof of those
allegations shall be upon the State.
(Source: P.A. 87-870; 87-871; 88-45.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either upon
payment of bail security or on his or her own recognizance, the
conditions of the bail bond shall be that he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by the
court until discharged or final order of the court;
(2) Submit himself or herself to the orders and process of
the court;
(3) Not depart this State without leave of the court;
(4) Not violate any criminal statute of any jurisdiction;
and
(5) At a time and place designated by the court, surrender
all firearms in his or her possession to a law enforcement
officer designated by the court to take custody of and impound
the firearms when the offense the person has been charged with is
660 JOURNAL OF THE [March 9, 1999]
a forcible felony, stalking, aggravated stalking, domestic
battery, any violation of either the Illinois Controlled
Substances Act or the Cannabis Control Act that is classified as
a Class 2 or greater felony, or any felony violation of Article
24 of the Criminal Code of 1961;. the court may, however, forego
the imposition of this condition when the circumstances of the
case clearly do not warrant it or when its imposition would be
impractical;. all legally possessed firearms shall be returned to
the person upon that person completing a sentence for a
conviction on a misdemeanor domestic battery, upon the charges
being dismissed, or if the person is found not guilty, unless the
finding of not guilty is by reason of insanity; and.
(6) At a time and place designated by the court, submit to
a psychological evaluation when the person has been charged with
a violation of item (4) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 and that violation occurred in a school or
in any conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 1,000 feet of real property
comprising any school.
Psychological evaluations ordered pursuant to this Section shall
be completed promptly and made available to the State, the defendant,
and the court. As a further condition of bail under these
circumstances, the court shall order the defendant to refrain from
entering upon the property of the school, including any conveyance
owned, leased, or contracted by a school to transport students to or
from school or a school-related activity, or on any public way within
1,000 feet of real property comprising any school. Upon receipt of
the psychological evaluation, either the State or the defendant may
request a change in the conditions of bail, pursuant to Section 110-6
of this Code. The court may change the conditions of bail to include
a requirement that the defendant follow the recommendations of the
psychological evaluation, including undergoing psychiatric treatment.
The conclusions of the psychological evaluation and any statements
elicited from the defendant during its administration are not
admissible as evidence of guilt during the course of any trial on the
charged offense, unless the defendant places his or her mental
competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are reasonably
necessary to assure the defendant's appearance in court, protect the
public from the defendant, or prevent the defendant's unlawful
interference with the orderly administration of justice:
(1) Report to or appear in person before such person or
agency as the court may direct;
(2) Refrain from possessing a firearm or other dangerous
weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described geographical
areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a
foster home, attend school, attend a non-residential program for
HOUSE OF REPRESENTATIVES 661
youths, and contribute to his or her own support at home or in a
foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person or
organization agreeing to supervise his release. Such third party
custodian shall be responsible for notifying the court if the
defendant fails to observe the conditions of release which the
custodian has agreed to monitor, and shall be subject to contempt
of court for failure so to notify the court;
(14) Be placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity with or
without the use of an approved electronic monitoring device
subject to Article 8A of Chapter V of the Unified Code of
Corrections; or
(14.1) The court shall impose upon a defendant who is
charged with any alcohol, cannabis or controlled substance
violation and is placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity with the
use of an approved monitoring device, as a condition of such bail
bond, a fee not to exceed $5 for each day of such bail
supervision ordered by the court, unless after determining the
inability of the defendant to pay the fee, the court assesses a
lesser fee or no fee as the case may be. The fee shall be
collected by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from this fee to the
county treasurer for deposit in the substance abuse services fund
under Section 5-1086.1 of the Counties Code;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1) above,
placed under direct supervision of the Pretrial Services Agency,
Probation Department or Court Services Department in a pretrial
bond home supervision capacity with the use of an approved
monitoring device, as a condition of such bail bond, a fee which
shall represent costs incidental to such electronic monitoring
for each day of such bail supervision ordered by the court,
unless after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the case
may be. The fee shall be collected by the clerk of the circuit
court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who shall use the
monies collected to defray the costs of corrections. The county
treasurer shall deposit the fee collected in the county working
cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be;
(15) Comply with the terms and conditions of an order of
protection issued by the court under the Illinois Domestic
Violence Act of 1986;
(16) Under Section 110-6.5 comply with the conditions of
the drug testing program; and
(17) Such other reasonable conditions as the court may
impose.
(c) When a person is charged with an offense under Section
12-13, 12-14, 12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961",
involving a victim who is a minor under 18 years of age living in the
same household with the defendant at the time of the offense, in
granting bail or releasing the defendant on his own recognizance, the
judge shall impose conditions to restrict the defendant's access to
the victim which may include, but are not limited to conditions that
he will:
662 JOURNAL OF THE [March 9, 1999]
1. Vacate the Household.
2. Make payment of temporary support to his dependents.
3. Refrain from contact or communication with the child
victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and the
victim is a family or household member as defined in Article 112A,
conditions shall be imposed at the time of the defendant's release on
bond that restrict the defendant's access to the victim. Unless
provided otherwise by the court, the restrictions shall include
requirements that the defendant do the following:
(1) refrain from contact or communication with the victim
for a minimum period of 72 hours following the defendant's
release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop standardized
bond forms for use in cases involving family or household members as
defined in Article 112A, including specific conditions of bond as
provided in subsection (d). Failure of any law enforcement
department to develop or use those forms shall in no way limit the
applicability and enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after conviction the
conditions of the bail bond shall be that he will, in addition to the
conditions set forth in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as the
court may impose; and,
(5) If the judgment is affirmed or the cause reversed and
remanded for a new trial, forthwith surrender to the officer from
whose custody he was bailed.
(Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95; 89-462,
eff. 5-29-96; 90-399, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1700. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1700
AMENDMENT NO. 1. Amend House Bill 1700 on page 7, line 14, by
replacing "20" with "10"; and
on page 7, lines 16 through 18, by deleting "be mailed no later than
60 days after the issuance of the citation for violation and shall".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 542. Having been printed, was taken up and read by
title a second time.
HOUSE OF REPRESENTATIVES 663
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 542
AMENDMENT NO. 1. Amend House Bill 542 by replacing everything
after the enacting clause with the following:
"Section 5. The Use Tax Act is amended by changing Section 3-5
as follows:
(35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
Sec. 3-5. Exemptions. Use of the following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Personal property purchased by a governmental body, by a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious, or
educational purposes, or by a not-for-profit corporation, society,
association, foundation, institution, or organization that has no
compensated officers or employees and that is organized and operated
primarily for the recreation of persons 55 years of age or older. A
limited liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized and
operated exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption shall
make tax-free purchases unless it has an active exemption
identification number issued by the Department.
(5) A passenger car that is a replacement vehicle to the extent
that the purchase price of the car is subject to the Replacement
Vehicle Tax.
(6) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order, certified by the purchaser to be used primarily for
graphic arts production, and including machinery and equipment
purchased for lease.
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(9) Personal property purchased from a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(10) A motor vehicle of the first division, a motor vehicle of
the second division that is a self-contained motor vehicle designed
or permanently converted to provide living quarters for recreational,
camping, or travel use, with direct walk through to the living
664 JOURNAL OF THE [March 9, 1999]
quarters from the driver's seat, or a motor vehicle of the second
division that is of the van configuration designed for the
transportation of not less than 7 nor more than 16 passengers, as
defined in Section 1-146 of the Illinois Vehicle Code, that is used
for automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(11) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (11). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (11) is exempt from the provisions of Section 3-90.
(12) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(13) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages purchased at retail from a retailer, to the extent that the
proceeds of the service charge are in fact turned over as tips or as
a substitute for tips to the employees who participate directly in
preparing, serving, hosting or cleaning up the food or beverage
function with respect to which the service charge is imposed.
(14) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
HOUSE OF REPRESENTATIVES 665
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(16) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(17) Distillation machinery and equipment, sold as a unit or
kit, assembled or installed by the retailer, certified by the user to
be used only for the production of ethyl alcohol that will be used
for consumption as motor fuel or as a component of motor fuel for the
personal use of the user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and equipment used
primarily in the process of manufacturing or assembling tangible
personal property for wholesale or retail sale or lease, whether that
sale or lease is made directly by the manufacturer or by some other
person, whether the materials used in the process are owned by the
manufacturer or some other person, or whether that sale or lease is
made apart from or as an incident to the seller's engaging in the
service occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial value on
special order for a particular purchaser.
(19) Personal property delivered to a purchaser or purchaser's
donee inside Illinois when the purchase order for that personal
property was received by a florist located outside Illinois who has a
florist located inside Illinois deliver the personal property.
(20) Semen used for artificial insemination of livestock for
direct agricultural production.
(21) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(22) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients purchased by a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a hospital that has been issued an active tax
exemption identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Service Use Tax Act, as the case may
be, based on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a governmental body that has been issued an active
sales tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. If the property is
leased in a manner that does not qualify for this exemption or used
666 JOURNAL OF THE [March 9, 1999]
in any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the case
may be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(24) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(25) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(26) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity that consists primarily of volunteers and includes
parents of the school children. This paragraph does not apply to
fundraising events for the benefit of private home instruction. This
paragraph is exempt from the provisions of Section 3-90.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98.)
Section 10. The Service Use Tax Act is amended by changing
Section 3-5 as follows:
(35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
Sec. 3-5. Exemptions. Use of the following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois county
fair association for use in conducting, operating, or promoting the
county fair.
(3) Personal property purchased by a not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
HOUSE OF REPRESENTATIVES 667
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(5) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(6) Personal property purchased from a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (7). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 3-75.
(8) Fuel and petroleum products sold to or used by an air common
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(9) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages acquired as an incident to the purchase of a service from a
serviceman, to the extent that the proceeds of the service charge are
in fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to which the
service charge is imposed.
(10) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
668 JOURNAL OF THE [March 9, 1999]
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery and
equipment, including repair and replacement parts, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(13) Semen used for artificial insemination of livestock for
direct agricultural production.
(14) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(15) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients purchased by a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a hospital that has been issued an active tax
exemption identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(16) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a governmental body that has been issued an active
tax exemption identification number by the Department under Section
1g of the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
HOUSE OF REPRESENTATIVES 669
for any reason, the lessor is liable to pay that amount to the
Department.
(17) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(18) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(19) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity that consists primarily of volunteers and includes
parents of the school children. This paragraph does not apply to
fundraising events for the benefit of private home instruction. This
paragraph is exempt from the provisions of Section 3-75.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98.)
Section 15. The Service Occupation Tax Act is amended by
changing Section 3-5 as follows:
(35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
Sec. 3-5. Exemptions. The following tangible personal property
is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by any not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(5) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
670 JOURNAL OF THE [March 9, 1999]
to be used primarily for graphic arts production.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (7). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 3-55 3-75.
(8) Fuel and petroleum products sold to or used by an air common
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(9) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages, to the extent that the proceeds of the service charge are
in fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to which the
service charge is imposed.
(10) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
HOUSE OF REPRESENTATIVES 671
(12) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(13) Food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate consumption) and
prescription and non-prescription medicines, drugs, medical
appliances, and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use, when purchased for use by a
person receiving medical assistance under Article 5 of the Illinois
Public Aid Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(14) Semen used for artificial insemination of livestock for
direct agricultural production.
(15) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(16) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the property,
under a lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been issued an
active tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act.
(18) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(19) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(20) Beginning January 1, 2000, personal property, including
food, sold through fundraising events for the benefit of a public or
private elementary or secondary school, a group of those schools, or
one or more school districts if the events are sponsored by an entity
that consists primarily of volunteers and includes parents of the
school children. This paragraph does not apply to fundraising events
for the benefit of private home instruction. This paragraph is
exempt from the provisions of Section 3-55.
672 JOURNAL OF THE [March 9, 1999]
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98; revised 2-10-99.)
Section 20. The Retailers' Occupation Tax Act is amended by
changing Section 2-5 as follows:
(35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt from the
tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (2). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed, if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 2-70 3-75.
(3) Distillation machinery and equipment, sold as a unit or kit,
assembled or installed by the retailer, certified by the user to be
used only for the production of ethyl alcohol that will be used for
consumption as motor fuel or as a component of motor fuel for the
personal use of the user, and not subject to sale or resale.
(4) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(5) A motor vehicle of the first division, a motor vehicle of
the second division that is a self-contained motor vehicle designed
or permanently converted to provide living quarters for recreational,
camping, or travel use, with direct walk through access to the living
quarters from the driver's seat, or a motor vehicle of the second
division that is of the van configuration designed for the
transportation of not less than 7 nor more than 16 passengers, as
defined in Section 1-146 of the Illinois Vehicle Code, that is used
for automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
HOUSE OF REPRESENTATIVES 673
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Proceeds of that portion of the selling price of a passenger
car the sale of which is subject to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting the county
fair.
(9) Personal property sold to a not-for-profit music or dramatic
arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c) (3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious, or
educational purposes, or to a not-for-profit corporation, society,
association, foundation, institution, or organization that has no
compensated officers or employees and that is organized and operated
primarily for the recreation of persons 55 years of age or older. A
limited liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized and
operated exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption shall
make tax-free purchases unless it has an active identification number
issued by the Department.
(12) Personal property sold to interstate carriers for hire for
use as rolling stock moving in interstate commerce or to lessors
under leases of one year or longer executed or in effect at the time
of purchase by interstate carriers for hire for use as rolling stock
moving in interstate commerce and equipment operated by a
telecommunications provider, licensed as a common carrier by the
Federal Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
(13) Proceeds from sales to owners, lessors, or shippers of
tangible personal property that is utilized by interstate carriers
for hire for use as rolling stock moving in interstate commerce and
equipment operated by a telecommunications provider, licensed as a
common carrier by the Federal Communications Commission, which is
permanently installed in or affixed to aircraft moving in interstate
commerce.
(14) Machinery and equipment that will be used by the purchaser,
or a lessee of the purchaser, primarily in the process of
manufacturing or assembling tangible personal property for wholesale
or retail sale or lease, whether the sale or lease is made directly
by the manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether the sale or lease is made apart from or as an
incident to the seller's engaging in the service occupation of
producing machines, tools, dies, jigs, patterns, gauges, or other
similar items of no commercial value on special order for a
particular purchaser.
(15) Proceeds of mandatory service charges separately stated on
customers' bills for purchase and consumption of food and beverages,
674 JOURNAL OF THE [March 9, 1999]
to the extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the employees who
participate directly in preparing, serving, hosting or cleaning up
the food or beverage function with respect to which the service
charge is imposed.
(16) Petroleum products sold to a purchaser if the seller is
prohibited by federal law from charging tax to the purchaser.
(17) Tangible personal property sold to a common carrier by rail
or motor that receives the physical possession of the property in
Illinois and that transports the property, or shares with another
common carrier in the transportation of the property, out of Illinois
on a standard uniform bill of lading showing the seller of the
property as the shipper or consignor of the property to a destination
outside Illinois, for use outside Illinois.
(18) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(19) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(21) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(22) Fuel and petroleum products sold to or used by an air
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(23) A transaction in which the purchase order is received by a
florist who is located outside Illinois, but who has a florist
located in Illinois deliver the property to the purchaser or the
purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships, barges, or
vessels that are used primarily in or for the transportation of
property or the conveyance of persons for hire on rivers bordering on
this State if the fuel is delivered by the seller to the purchaser's
barge, ship, or vessel while it is afloat upon that bordering river.
(25) A motor vehicle sold in this State to a nonresident even
though the motor vehicle is delivered to the nonresident in this
State, if the motor vehicle is not to be titled in this State, and if
a driveaway decal permit is issued to the motor vehicle as provided
in Section 3-603 of the Illinois Vehicle Code or if the nonresident
purchaser has vehicle registration plates to transfer to the motor
vehicle upon returning to his or her home state. The issuance of the
driveaway decal permit or having the out-of-state registration plates
to be transferred is prima facie evidence that the motor vehicle will
not be titled in this State.
HOUSE OF REPRESENTATIVES 675
(26) Semen used for artificial insemination of livestock for
direct agricultural production.
(27) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(28) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department under
Section 1g of this Act.
(29) Personal property sold to a lessor who leases the property,
under a lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been issued an
active tax exemption identification number by the Department under
Section 1g of this Act.
(30) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(31) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(32) Beginning January 1, 2000, personal property, including
food, sold through fundraising events for the benefit of a public or
private elementary or secondary school, a group of those schools, or
one or more school districts, if the events are sponsored by an
entity that consists primarily of volunteers and includes parents of
the school children. This paragraph does not apply to fundraising
events for the benefit of private home instruction. This paragraph
is exempt from the provisions of Section 2-70.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-519, eff. 6-1-98; 90-552, eff.
12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
Having been printed, the following bill was taken up, read by
title a second time and held on the order of Second Reading: HOUSE
BILL 807.
676 JOURNAL OF THE [March 9, 1999]
HOUSE BILL 573. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 573
AMENDMENT NO. 1. Amend House Bill 573 on page 1, lines 2 and 6,
by changing "Sections 3.1 and 6" wherever it appears to "Section
3.1"; and
on page 2, by deleting lines 10 through 26.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 733. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 733
AMENDMENT NO. 1. Amend House Bill 733 by replacing the title
with the following:
"AN ACT concerning health care providers, amending named Acts.";
and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Health Facilities Planning Act is
amended by adding Sections 13.5, 13.9, 13.10, 13.15, 13.20, 13.25,
13.30, and 13.35 as follows:
(20 ILCS 3960/13.5 new)
Sec. 13.5. Health care provider cooperative agreements. The
General Assembly finds that the goals of controlling health care
costs and improving the quality of and access to health care services
will be significantly enhanced by some cooperative arrangements
involving providers or purchasers that would be prohibited by State
and federal antitrust laws if undertaken without governmental
involvement. Both currently and historically Illinois, other states,
and the United States have determined that unrestricted marketplace
competition is unlikely to produce the optimum mix of cost, access,
and quality which can be achieved in health care. The purpose of
Sections 13.5 through 13.35 is to create an opportunity for the State
to review proposed arrangements and to substitute regulation for
competition when an arrangement is likely to result in lower costs,
or greater access or improved quality, than would otherwise occur in
the competitive marketplace. The General Assembly intends that
approval of relationships be accompanied by appropriate conditions,
supervision, and regulation to protect against private abuses of
economic power, and that an arrangement or relationship approved by
the State Board and accompanied by appropriate conditions,
supervision, and regulation shall not be subject to State or federal
antitrust liability.
The General Assembly finds that the market for health care
services is extremely diverse in Illinois. Some parts of Illinois
are national destinations for tertiary health care services and
receive patients from throughout the United States and the Western
Hemisphere. Other regions of Illinois have extraordinary rates of
outmigration, with residents travelling hundreds of miles, often
HOUSE OF REPRESENTATIVES 677
out-of-state, for care. Providing health care close to home is
medically useful to a patient's recovery, because visits of families
and friends can improve a patient's psycho-social capacity to cope
with disease. Providing incentives to increase quality care in areas
without it is desirable.
(20 ILCS 3960/13.9 new)
Sec. 13.9. Regional application.
(a) The provisions of this law shall apply to any region in
Illinois where the following health care conditions exist:
(1) in any area of at least 25 contiguous counties
containing at least 20 facilities licensed under the Hospital
Licensing Act; and
(2) where during the calendar year preceding the effective
date of this amendatory Act of the 91st General Assembly, no
facility has been approved or received a permit to establish
neo-natal intensive care, open-heart surgery, level-one trauma,
or organ transplantation; and
(3) where at least 50% of residents receiving open-heart
surgery procedures at Illinois hospitals must travel at least 75
miles; and
(4) where no Illinois university with a medical school has
a primary medical school campus within 100 miles of the most
distant point in the region.
(b) For purposes of this law, health care providers shall
include any institution or individual licensed by the state under:
the Medical Practice Act of 1987; the Podiatric Medical Practice Act
of 1987; the Nursing and Advanced Practice Nursing Act; the Illinois
Optometric Practice Act of 1987; the Respiratory Care Practice Act;
the Illinois Dental Practice Act; the Illinois Occupational Therapy
Practice Act; the Illinois Physical Therapy Act; the Hospital
Licensing Act; the Nursing Home Care Act; or the Ambulatory Surgical
Treatment Center Act.
(20 ILCS 3960/13.10 new)
Sec. 13.10. Health care provider cooperative agreements; goals.
Acting by their boards of directors or boards of trustees or as
individuals, 2 or more health care providers may enter into a
cooperative agreement concerning the allocation of health care
equipment or health care services among those health care providers.
The agreement shall not involve price-fixing or predatory pricing and
shall be designed to achieve one or more of the following goals:
(1) Reducing health care costs for Illinois consumers.
(2) Improving access to health care services in Illinois.
(3) Improving the quality of patient care in Illinois.
(20 ILCS 3960/13.15 new)
Sec. 13.15. Health care provider cooperative agreements;
approval.
(a) No cooperative agreement between health care providers
implemented without first obtaining approval from the State Board as
provided in this Section shall be eligible for any protection or
immunity created by Section 13.30.
(b) Health care providers desiring to implement a cooperative
agreement authorized under Section 13.10 may apply to the State Board
for approval of the agreement. Applications for approval shall be in
a form prescribed by the State Board but shall contain at least the
following:
(1) A copy of the proposed agreement.
(2) An implementation plan that states how and when the
cooperative action identified in the agreement will meet one or
more of the goals specified in Section 13.10. Each application
shall be accompanied by a fee determined by the State Board, but
in an amount sufficient to cover the cost of processing
678 JOURNAL OF THE [March 9, 1999]
applications and the cost of periodic reviews of the
implementation of cooperative agreements under Section 13.20.
(c) The State Board shall adopt rules for the operation of this
Act under the Illinois Administrative Procedure Act. The General
Assembly finds that the current health care situation constitutes an
emergency for purposes of the Illinois Administrative Procedure Act.
Therefore, the State Board may implement the provisions of Section
13.5 through 13.30 by emergency rulemaking under the Illinois
Administrative Procedure Act.
(d) The rules shall require applicants to provide substantial
evidence in the application demonstrating that quality cost or access
improvements cannot be accomplished by the applicants without the
agreement.
(e) Upon receiving a staff review as provided by the rules, the
State Board may approve an agreement if it finds by substantial
evidence that its implementation will lead to the improvements in
cost, access, or quality described in the application, that these
improvements are likely to outweigh any probable negative results,
and that predatory pricing will not occur.
(f) The State Board may condition its approval of cooperative
agreements with terms it finds necessary to protect consumers from
predatory pricing or insufficient competition.
(20 ILCS 3960/13.20 new)
Sec. 13.20. Health care provider cooperative agreements; periodic
review. The State Board shall require from the parties to a
cooperative agreement periodic progress reports concerning the
implementation of the agreement.
(20 ILCS 3960/13.25 new)
Sec. 13.25. Health care provider cooperative agreements;
rescinding approval. If the State Board finds that any of the
following circumstances exist, it may issue a decision rescinding its
approval of a hospital cooperative agreement:
(1) The parties to the agreement fail to submit periodic
progress reports requested by the State Board;
(2) Materially misleading information was submitted in the
application;
(3) The parties have failed to implement the agreement with
due diligence;
(4) The agreement has failed to accomplish its purposes as
described in the application; or
(5) The State Board has subsequently found by clear and
convincing evidence that negative results substantially outweigh
benefits.
(20 ILCS 3960/13.30 new)
Sec. 13.30. Health care provider cooperative agreements;
antitrust exception.
(a) Neither this subsection nor any other provision of this Act
is intended to confer, and does not confer, authority to engage in
agreements, tacit, implied, or express, which are not submitted to
the State Board for approval if those agreements are in violation of
State or federal antitrust laws. Conduct seemingly pursuant to
provisions of this law done without the good faith intention to
accomplish an agreement approved by the State Board is not entitled
to the protections and immunities of Section 13.30.
(b) It is the intent of Section 13.5 through this Section to
require the State, through the State Board, to provide direction,
supervision, and control over cooperative agreements approved under
Section 13.15. To achieve the goals specified in Section 13.10, this
State direction, supervision, and control will provide immunity from
any civil or criminal liability under the Illinois Antitrust Act and
State-action immunity under federal antitrust laws to (i) health care
HOUSE OF REPRESENTATIVES 679
providers, their governing board members, and their officers, agents,
and employees who take authorized actions to implement a cooperative
agreement approved under Section 13.15 and (ii) health care
providers' governing board members who participate in discussions or
negotiations concerning the allocation of health care equipment or
health care services as authorized under Section 13.10.
(20 ILCS 3960/13.35 new)
Sec. 13.35. Health care providers' cooperative agreements;
Attorney General action. Nothing in Sections 13.5 through 13.30
shall limit the authority of the Attorney General to initiate an
action to enforce the civil or criminal liability provisions of the
Illinois Antitrust Act if the Attorney General determines that a
health care provider, the members of its governing board, or its
officers, agents, or employees have exceeded the scope of the actions
authorized under those Sections.
Section 10. The Illinois Antitrust Act is amended by changing
Section 5 as follows:
(740 ILCS 10/5) (from Ch. 38, par. 60-5)
Sec. 5. No provisions of this Act shall be construed to make
illegal:
(1) the activities of any labor organization or of individual
members thereof which are directed solely to labor objectives which
are legitimate under the laws of either the State of Illinois or the
United States;
(2) the activities of any agricultural or horticultural
cooperative organization, whether incorporated or unincorporated, or
of individual members thereof, which are directed solely to
objectives of such cooperative organizations which are legitimate
under the laws of either the State of Illinois or the United States;
(3) the activities of any public utility, as defined in Section
3-105 of the Public Utilities Act to the extent that such activities
are subject to a clearly articulated and affirmatively expressed
State policy to replace competition with regulation, where the
conduct to be exempted is actively supervised by the State itself;
(4) The activities of a telecommunications carrier, as defined
in Section 13-202 of the Public Utilities Act, to the extent those
activities relate to the provision of noncompetitive
telecommunications services under the Public Utilities Act and are
subject to the jurisdiction of the Illinois Commerce Commission or to
the activities of telephone mutual concerns referred to in Section
13-202 of the Public Utilities Act to the extent those activities
relate to the provision and maintenance of telephone service to
owners and customers;
(5) the activities (including, but not limited to, the making of
or participating in joint underwriting or joint reinsurance
arrangement) of any insurer, insurance agent, insurance broker,
independent insurance adjuster or rating organization to the extent
that such activities are subject to regulation by the Director of
Insurance of this State under, or are permitted or are authorized by,
the Insurance Code or any other law of this State;
(6) the religious and charitable activities of any
not-for-profit corporation, trust or organization established
exclusively for religious or charitable purposes, or for both
purposes;
(7) the activities of any not-for-profit corporation organized
to provide telephone service on a mutual or co-operative basis or
electrification on a co-operative basis, to the extent such
activities relate to the marketing and distribution of telephone or
electrical service to owners and customers;
(8) the activities engaged in by securities dealers who are (i)
licensed by the State of Illinois or (ii) members of the National
680 JOURNAL OF THE [March 9, 1999]
Association of Securities Dealers or (iii) members of any National
Securities Exchange registered with the Securities and Exchange
Commission under the Securities Exchange Act of 1934, as amended, in
the course of their business of offering, selling, buying and
selling, or otherwise trading in or underwriting securities, as
agent, broker, or principal, and activities of any National
Securities Exchange so registered, including the establishment of
commission rates and schedules of charges;
(9) the activities of any board of trade designated as a
"contract market" by the Secretary of Agriculture of the United
States pursuant to Section 5 of the Commodity Exchange Act, as
amended;
(10) the activities of any motor carrier, rail carrier, or
common carrier by pipeline, as defined in the Common Carrier by
Pipeline Law of the Public Utilities Act, to the extent that such
activities are permitted or authorized by the Act or are subject to
regulation by the Illinois Commerce Commission;
(11) the activities of any state or national bank to the extent
that such activities are regulated or supervised by officers of the
state or federal government under the banking laws of this State or
the United States;
(12) the activities of any state or federal savings and loan
association to the extent that such activities are regulated or
supervised by officers of the state or federal government under the
savings and loan laws of this State or the United States;
(13) the activities of any bona fide not-for-profit association,
society or board, of attorneys, practitioners of medicine,
architects, engineers, land surveyors or real estate brokers licensed
and regulated by an agency of the State of Illinois, in recommending
schedules of suggested fees, rates or commissions for use solely as
guidelines in determining charges for professional and technical
services;
(14) Conduct involving trade or commerce (other than import
trade or import commerce) with foreign nations unless:
(a) such conduct has a direct, substantial, and reasonably
foreseeable effect:
(i) on trade or commerce which is not trade or
commerce with foreign nations, or on import trade or import
commerce with foreign nations; or
(ii) on export trade or export commerce with foreign
nations of a person engaged in such trade or commerce in the
United States; and
(b) such effect gives rise to a claim under the provisions
of this Act, other than this subsection (14).
(c) If this Act applies to conduct referred to in this
subsection (14) only because of the provisions of paragraph
(a)(ii), then this Act shall apply to such conduct only for
injury to export business in the United States which affects this
State; or
(15) the activities of a unit of local government or school
district and the activities of the employees, agents and officers of
a unit of local government or school district; or
(16) the activities of a health care provider and the activities
of its governing board members and its officers, agents, and
employees in discussing, negotiating, entering into, or implementing
a cooperative agreement concerning the allocation of health care
equipment or health care services resulting in one or more proposals
or agreements that are approved by the Board, or if submitted to the
Board might reasonably have been approved, as authorized under
Sections 13.5 through 13.35 of the Illinois Health Facilities
Planning Act.
HOUSE OF REPRESENTATIVES 681
(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1536. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 1881. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Local
Government, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1881
AMENDMENT NO. 1. Amend House Bill 1881 by replacing the title
with the following:
"AN ACT to amend the Illinois Highway Code by changing Section
5-903."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Highway Code is amended by changing
Section 5-903 as follows:
(605 ILCS 5/5-903) (from Ch. 121, par. 5-903)
Sec. 5-903. Definitions. As used in this Division:
"Units of local government" mean counties with a population over
100,000 400,000 and all home rule municipalities.
"Road improvement impact fee" means any charge or fee levied or
imposed by a unit of local government as a condition to the issuance
of a building permit or a certificate of occupancy in connection with
a new development, when any portion of the revenues collected is
intended to be used to fund any portion of the costs of road
improvements.
"Road improvements" mean the improvement, expansion, enlargement
or construction of roads, streets, or highways under the jurisdiction
of units of local government, including but not limited to bridges,
rights-of-way, and traffic control improvements owned and operated by
such units of local government. Road improvements may also include
the improvement, expansion, enlargement or construction of roads,
ramps, streets or highways under the jurisdiction of the State of
Illinois, provided an agreement providing for the construction and
financing of such road improvements has been reached between the
State and the unit of local government and incorporated into the
comprehensive road improvement plan. Road improvements shall not
include tollways but may include tollway ramps.
"New development" means any residential, commercial, industrial
or other project which is being newly constructed, reconstructed,
redeveloped, structurally altered, relocated, or enlarged, and which
generates additional traffic within the service area or areas of the
unit of local government. "New development" shall not include any
new development for which site specific development approval has been
given by a unit of local government within 18 months before the first
date of publication by the unit of local government of a notice of
public hearing to consider the land use assumptions relating to the
development of a comprehensive road improvement plan and imposition
682 JOURNAL OF THE [March 9, 1999]
of impact fees; provided, however, that a building permit for such
new development is issued within 18 months after the date of
publication of such notice.
"Roads, streets or highways" mean any roads, streets or highways
which have been designated by the unit of local government in the
comprehensive road improvement plan together with all necessary
appurtenances, including but not limited to bridges, rights-of-way,
tollway ramps, and traffic control improvements.
"Comprehensive road improvement plan" means a plan prepared by
the unit of local government in consultation with the Advisory
Committee.
"Advisory Committee" means the group of members selected from the
public and private sectors to advise in the development and
implementation of the comprehensive road improvement plan, and the
periodic update of the plan.
"Person" means any individual, firm, partnership, association,
public or private corporation, organization or business, charitable
trust, or unit of local government.
"Land use assumptions" means a description of the service area or
areas and the roads, streets or highways incorporated therein,
including projections relating to changes in land uses, densities and
population growth rates which affect the level of traffic within the
service area or areas over a 20 year period of time.
"Service area" means one or more land areas within the boundaries
of the unit of local government which has been designated by the unit
of local government in the comprehensive road improvement plan.
"Residential development" means a house, building, or other
structure that is suitable or capable of being used for residential
purposes.
"Nonresidential development" means a building or other structure
that is suitable or capable of being used for all purposes other than
residential purposes.
"Specifically and uniquely attributable" means that a new
development creates the need, or an identifiable portion of the need,
for additional capacity to be provided by a road improvement. Each
new development paying impact fees used to fund a road improvement
must receive a direct and material benefit from the road improvement
constructed with the impact fees paid. The need for road improvements
funded by impact fees shall be based upon generally accepted traffic
engineering practices as assignable to the new development paying the
fees.
"Proportionate share" means the cost of road improvements that
are specifically and uniquely attributable to a new development after
the consideration of the following factors: the amount of additional
traffic generated by the new development, any appropriate credit or
offset for contribution of money, dedication of land, construction of
road improvements or traffic reduction techniques, payments
reasonably anticipated to be made by or as a result of a new
development in the form of user fees, debt service payments, or taxes
which are dedicated for road improvements and all other available
sources of funding road improvements.
"Level of service" means one of the categories of road service as
defined by the Institute of Transportation Engineers which shall be
selected by a unit of local government imposing the impact fee as the
adopted level of service to serve existing development not subject to
the fee and new development, provided that the level of service
selected for new development shall not exceed the level of service
adopted for existing development.
"Site specific development approval" means an approval of a plan
submitted by a developer to a unit of local government describing
with reasonable certainty the type and intensity of use for a
HOUSE OF REPRESENTATIVES 683
specific parcel or parcels of property. The plan may be in the form
of, but need not be limited to, any of the following: a preliminary
or final planned unit development plan, subdivision plat, development
plan, conditional or special use permit, or any other form of
development use approval, as utilized by a unit of local government,
provided that the development use approval constitutes a final
exercise of discretion by the unit of local government.
"Developer" means any person who undertakes new development.
"Existing deficiencies" mean existing roads, streets, or highways
operating at a level of service below the adopted level of service
selected by the unit of local government, as defined in the
comprehensive road improvement plan.
"Assisted financing" means the financing of residential
development by the Illinois Housing Development Authority, including
loans to developers for multi-unit residential development and loans
to purchasers of single family residences, including condominiums and
townhomes.
(Source: P.A. 90-356, eff. 8-10-97.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 227. Having been recalled on February 18, 1999, and
held on the order of Second Reading, the same was again taken up and
advanced to the order of Third Reading.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 2262. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Transportation & Motor Vehicles, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2262
AMENDMENT NO. 1. Amend House Bill 2262 on page 1, line 16, after
"4-204", by inserting the following:
"and the owner of the vehicle has not transferred the vehicle's title
to the municipality or county within 10 days of receiving notice of
the vehicle's impoundment"; and
on page 1, line 17, after "municipality" by inserting "or county";
and
on page 1, line 27, after "municipality" by inserting "or county";
and
on page 2, line 10, after "municipality" by inserting "or county";
and
on page 2, line 13, after "municipality's" by inserting "or county's
"; and
on page 2, line 16, after "municipal" by inserting "or county"; and
on page 2, line 24, after "municipality" by inserting "or county";
and
on page 2, line 26, after "municipality" by inserting "or county";
and
on page 2, line 31, after "municipality" by inserting "or county";
and
on page 3, line 1, after "municipality" by inserting "or county"; and
684 JOURNAL OF THE [March 9, 1999]
on page 3, line 5, after "municipality" by inserting "or county"; and
on page 3, line 9, after "municipality's" by inserting "or county's";
and
on page 3, line 12, after "municipality" by inserting "or county";
and
on page 3, line 25, after "municipality" by inserting "or county".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1136. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Higher
Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1136
AMENDMENT NO. 1. Amend House Bill 1136 on page 2, line 23, by
replacing "January" with "July".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2256. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2256
AMENDMENT NO. 1. Amend House Bill 2256, on page 4, lines 23
through 25, by deleting "that have not been rated therapeutically
equivalent in the Orange book, but".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 264. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Consumer
Protection & Product Regulation, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 264
AMENDMENT NO. 1. Amend House Bill 264, on page 1, line 23, by
replacing "Section 5" with "Sections 2 and 5"; and
on page 1, immediately below line 23, by inserting the following:
"(225 ILCS 320/2) (from Ch. 111, par. 1102)
Sec. 2. When used in this Act:
"Agent" means a person designated by a sponsor as responsible for
supervision of an apprentice plumber and who is also an Illinois
licensed plumber.
"Apprentice plumber" means any licensed person who is learning
and performing plumbing under the supervision of a sponsor or his
agent in accordance with the provisions of this Act.
HOUSE OF REPRESENTATIVES 685
"Approved apprenticeship program" means an apprenticeship program
approved by the U.S. Department of Labor's Bureau of Apprenticeship
and Training and the Department under rules.
"Board" means the Illinois State Board of Plumbing Examiners.
"Building drain" means that part of the lowest horizontal piping
of a drainage system that receives the discharge from soil, waste,
and other drainage pipes inside the walls of a building and conveys
it to 5 feet beyond the foundation walls where it is connected to the
building sewer.
"Building sewer" means that part of the horizontal piping of a
drainage system that extends from the end of the building drain,
receives the discharge of the building drain and conveys it to a
public sewer or private sewage disposal system.
"Department" means the Illinois Department of Public Health.
"Director" means the Director of the Illinois Department of
Public Health.
"Governmental unit" means a city, village, incorporated town,
county, or sanitary or water district.
"Lawn sprinkler system" means any irrigation system of lawn,
shrubbery and other vegetation from any potable water sources; and
from any water sources, whether or not potable, in: (i) any county
with a population of 3,000,000 or more; (ii) any county with a
population of 275,000 or more which is contiguous in whole or in part
to a county with a population of 3,000,000 or more; and (iii) any
county with a population of 37,000 or more but less than 150,000
which is contiguous to 2 or more counties with respective populations
in excess of 275,000. Such system includes without limitation the
water supply piping, valves and sprinkler heads or other irrigation
outlets. Lawn sprinkler system does not include an irrigation system
used primarily for agricultural purposes.
"Person" means any natural person, firm, corporation,
partnership, or association.
"Plumber" means any licensed person authorized to perform
plumbing as defined in this Act, but does not include retired
plumbers as defined in this Act.
"Plumbing" means the actual installation, repair, maintenance,
alteration or extension of a plumbing system by any person.
Plumbing includes all piping, fixtures, appurtenances and
appliances for a supply of water for all purposes, including without
limitation lawn sprinkler systems, from the source of a private water
supply on the premises or from the main in the street, alley or at
the curb to, within and about any building or buildings where a
person or persons live, work or assemble.
Plumbing includes all piping, from discharge of pumping units to
and including pressure tanks in water supply systems.
Plumbing includes all piping, fixtures, appurtenances, and
appliances for a building drain and a sanitary drainage and related
ventilation system of any building or buildings where a person or
persons live, work or assemble from the point of connection of such
building drain to the building sewer or private sewage disposal
system 5 feet beyond the foundation walls.
Plumbing does not mean or include the trade of drain-laying, the
trade of drilling water wells which constitute the sources of private
water supplies, and of making connections between such wells and
pumping units in the water supply systems of buildings served by such
private water supplies, or the business of installing water softening
equipment and of maintaining and servicing the same, or the business
of manufacturing or selling plumbing fixtures, appliances, equipment
or hardware, or to the installation and servicing of electrical
equipment sold by a not-for-profit corporation providing
electrification on a cooperative basis, that either on or before
686 JOURNAL OF THE [March 9, 1999]
January 1, 1971, is or has been financed in whole or in part under
the federal "Rural Electrification Act of 1936" and the Acts
amendatory thereof and supplementary thereto, to its members for use
on farms owned by individuals or operated by individuals, nor does it
mean or include minor repairs which do not require changes in the
piping to or from plumbing fixtures or involve the removal,
replacement, installation or re-installation of any pipe or plumbing
fixtures. Plumbing does not include the installation, repair,
maintenance, alteration or extension of building sewers.
"Plumbing fixtures" means installed receptacles, devices or
appliances that are supplied with water or that receive or discharge
liquids or liquid borne wastes, with or without discharge into the
drainage system with which they may be directly or indirectly
connected.
"Plumbing system" means the water service, water supply and
distribution pipes; plumbing fixtures and traps; soil, waste and vent
pipes; building drains; including their respective connections,
devices and appurtenances. Plumbing system does not include building
sewers as defined in this Act.
"Retired plumber" means any licensed plumber in good standing who
meets the requirements of this Act and the requirements prescribed by
Department rule to be licensed as a retired plumber and voluntarily
surrenders his plumber's license to the Department, in exchange for a
retired plumber's license. Retired plumbers cannot perform plumbing
as defined in this Act, cannot sponsor or supervise apprentice
plumbers, and cannot inspect plumbing under this Act. A retired
plumber cannot fulfill the requirements of subsection (3) of Section
3 of this Act.
"Supervision" with respect to first and second year licensed
apprentice plumbers means that such apprentices must perform all
designing and planning of plumbing systems and all plumbing as
defined in this Act under the direct personal supervision of the
sponsor or his or her agent who must also be an Illinois licensed
plumber, except for maintenance and repair work on existing plumbing
systems done by second year apprentice plumbers; provided that before
performing any maintenance and repair work without such supervision,
such apprentice has received the minimum number of hours of annual
classroom instruction recommended by the United States Department of
Labor's Bureau of Apprenticeship and Training for apprentice plumbers
in a Bureau of Apprenticeship and Training approved plumber
apprenticeship program or its equivalent. "Supervision" with respect
to all other apprentice plumbers means that, except for maintenance
and repair work on existing plumbing systems, any plumbing done by
such apprentices must be inspected daily, after initial rough-in and
after completion by the sponsor or his or her agent who is also an
Illinois licensed plumber. In addition, all repair and maintenance
work done by a licensed apprentice plumber on an existing plumbing
system must be approved by the sponsor or his or her agent who is
also an Illinois licensed plumber.
"Sponsor" is an Illinois licensed plumber or an approved
apprenticeship program that has accepted an individual as an Illinois
licensed apprentice plumber for education and training in the field
of plumbing and whose name and license number or apprenticeship
program number shall appear on the individual's application for an
apprentice plumber's license.
"Sponsored" means that each Illinois licensed apprentice plumber
has been accepted by an Illinois licensed plumber or an approved
apprenticeship program for apprenticeship training.
"Telecommunications carrier" means a telecommunications carrier
as defined in the Public Utilities Act.
(Source: P.A. 89-665, eff. 8-14-96.)"; and
HOUSE OF REPRESENTATIVES 687
on page 3, by replacing lines 2 through 32 with the following:
"(b.10) In addition to, and not in lieu of, the penalties and
remedies provided for in this Section and Sections 19, 20, and 29 of
this Act, and after notice and an opportunity for hearing as provided
for in this subsection and Section 19 of this Act, the Department may
issue an Order Of Correction to the telecommunications carrier
furnishing service to any telephone number contained in a printed
advertisement for plumbing services that is found to be in violation
of the provisions of this subsection. The Order of Correction shall
be limited to the telephone number contained in the unlawful
advertisement. The Order of Correction shall notify the
telecommunications carrier to disconnect the telephone service
furnished to any telephone number contained in the unlawful
advertisement and that subsequent calls to that number shall not be
referred by the telecommunications carrier to any new telephone
number obtained by or any existing number registered to the person.
If, upon investigation, the Department has probable cause to
believe that a person has placed an advertisement with a
telecommunications carrier that: (i) contains a false license number,
(ii) contains a license number of a person other than the person
designated under subsection (a), or (iii) is placed or circulated by
a person who is not properly licensed under this Act, the Department
shall provide notice to the person of the Department's intent to
issue an Order of Correction to the telecommunications carrier to
disconnect the telephone service furnished to any telephone number
contained in the unlawful advertisement, and that subsequent calls to
that number shall not be referred by the telecommunications carrier
to any new telephone number obtained by or any existing number
registered to the person.
Notice shall be provided by certified mail or by personal service
setting forth the particular reasons for the proposed action and
fixing a date, not less than 20 days from the date of the mailing or
service, within which time the person must request a hearing in
writing. Failure to serve upon the Department a written request for
hearing within the time provided in the notice shall constitute a
waiver of the person's right to an administrative hearing. The
hearing, findings, and conclusions shall be in accordance with the
provisions contained in Section 19 of this Act and the Department's
Rules of Practice and Procedure in Administrative Hearings (77 Ill.
Admin. Code 100), which are incorporated by reference herein.
Upon a finding that the person has violated the provisions of
this subsection, the Department shall issue the Order of Correction
to the telecommunications carrier. If the telecommunications carrier
fails to comply with the Order of Correction within 20 days after the
order is final, the Department shall inform the Illinois Commerce
Commission of the failure to comply and the Illinois Commerce
Commission shall require the telecommunications carrier furnishing
services to that person to disconnect the telephone service furnished
to the telephone number contained in the unlawful advertisement and
direct that subsequent calls to that number shall not be referred by
the telecommunications carrier to any new telephone number obtained
by or any existing number registered to the person.
A person may have his or her telephone services restored, after a
an Order of Correction has been issued, upon a showing, to the
satisfaction of the Department, that he or she is in compliance with
the provisions of this Act.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
688 JOURNAL OF THE [March 9, 1999]
HOUSE BILL 851. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 851
AMENDMENT NO. 1. Amend House Bill 851 by replacing the title
with the following:
"AN ACT to amend the State Treasurer Act by adding Section
16.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The State Treasurer Act is amended by adding Section
16.5 as follows:
(15 ILCS 505/16.5 new)
Sec. 16.5. College Savings Fund. The State Treasurer may
establish and administer a College Savings Fund to supplement and
enhance the investment opportunities otherwise available to Illinois
residents seeking to save money to pay the costs of higher education
for themselves and their families. The Treasurer, in administering
the College Savings Fund, may receive moneys from Illinois residents
into the fund, hold the moneys in individual college savings
accounts, and invest moneys within the individual college savings
accounts on behalf of Illinois residents.
The Treasurer may invest individual college savings accounts in
the same manner, in the same types of investments, and subject to the
same limitations provided for the investment of funds by the Illinois
State Board of Investment. The Treasurer shall develop, publish, and
implement an investment policy covering the management of the
individual college savings accounts within the College Savings Fund.
The policy shall be published (i) at least once each year in at least
one newspaper of general circulation in both Springfield and Chicago
and (ii) each year as part of the audit of the College Savings Fund
by the Auditor General that shall be distributed to all participants.
The Treasurer shall notify all participants in writing and shall
publish in a newspaper of general circulation in both Chicago and
Springfield any changes to the previously published investment policy
at least 30 calendar days before implementing the policy. Any
investment policy adopted by the Treasurer shall be reviewed and
updated if necessary within 90 days following the date that the State
Treasurer takes office.
The Treasurer may adopt rules as he or she deems necessary for
the efficient administration of the College Savings Fund, including
specification of minimum and maximum amounts that may be deposited,
minimum and maximum periods of time for which deposits may be
retained in the fund, and conditions under which penalties will be
assessed for refunds of earnings that are not used for qualified
higher education expenses. The rules shall provide for the
administration expenses of the Fund to be paid from its earnings and
for the interest earnings in excess of the expenses to be credited or
paid monthly to the several participants in the Fund in a manner that
equitably reflects the differing amounts of their respective
investments in the Fund and the differing periods of time for which
the amounts were in the custody of the Fund.
Upon creating a College Savings Fund, the State Treasurer shall
give bond with 2 or more sufficient sureties that are payable to and
for the benefit of the participants in the College Savings Fund, in
the penal sum of $1,000,000, conditioned upon the faithful discharge
of his or her duties in relation to the College Savings Fund.
Section 99. Effective date. This Act takes effect upon becoming
HOUSE OF REPRESENTATIVES 689
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1234. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1234
AMENDMENT NO. 1. Amend House Bill 1234 on page 1, line 20, by
deleting "amendments"; and
on page 4, line 6 after "and" by inserting "shall"; and
on page 7, line 29, after "relief" by inserting "; however, the party
seeking an injunction shall not be relieved of establishing such
other standards as required by law".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 534. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Elementary & Secondary Education, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 534
AMENDMENT NO. 1. Amend House Bill 534 on page 3, line 4, by
replacing "2003" with "2001".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
RESOLUTIONS
Having been reported out of the Committee on Executive on
February 25, 1999, HOUSE JOINT RESOLUTION 2 was taken up for
consideration.
Representative Lawfer moved the adoption of the resolution.
And on that motion, a vote was taken resulting as follows:
111, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 13)
The motion prevailed and the Resolution was adopted.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
690 JOURNAL OF THE [March 9, 1999]
On motion of Representative Mathias, HOUSE BILL 536 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:
103, Yeas; 5, Nays; 3, Answering Present.
(ROLL CALL 14)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 923. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Human
Services, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 923
AMENDMENT NO. 1. Amend House Bill 923 on page 6, by replacing
lines 10 and 11 with the following:
"Optometric Practice Act of 1987 without discriminating between
service providers.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 758. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Elections
& Campaign Reform, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 758
AMENDMENT NO. 1. Amend House Bill 758 as follows:
on page 8, by replacing lines 14 through 17 with the following:
"(h) The number of signatures required for a candidate for
judicial office in a district, circuit, or subcircuit shall be 0.25%
of the number of votes cast for the judicial candidate of his or her
political party who received the highest number of votes at the last
regular general election at which a judicial officer from the same
district, circuit, or subcircuit was regularly scheduled to be
elected, but in no event shall be less than 500 signatures If for a
candidate for judicial office, by at least 500 qualified primary
electors of his or her judicial district, circuit, or subcircuit, as
the case may be.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 845. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Local
Government, adopted and printed:
HOUSE OF REPRESENTATIVES 691
AMENDMENT NO. 1 TO HOUSE BILL 845
AMENDMENT NO. 1. Amend House Bill 845 in the title by deleting
"7,"; and
in Section 5, in the introductory clause, by deleting "7,"; and
in Section 5, by deleting Sec. 7.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Bassi, HOUSE BILL 230 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
86, Yeas; 21, Nays; 7, Answering Present.
(ROLL CALL 15)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Leitch, HOUSE BILL 235 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 16)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Durkin, HOUSE BILL 236 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 17)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative O'Connor, HOUSE BILL 252 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
111, Yeas; 1, Nays; 1, Answering Present.
(ROLL CALL 18)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
692 JOURNAL OF THE [March 9, 1999]
concurrence.
HOUSE BILLS ON SECOND READING
Having been printed, the following bill was taken up, read by
title a second time and held on the order of Second Reading: HOUSE
BILL 710.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Kosel, HOUSE BILL 404 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 19)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Tom Johnson, HOUSE BILL 449 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 20)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON THIRD READING
CONSENT CALENDAR
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Currie, HOUSE BILLS 541, 607 and 668
were taken up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 21)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON THIRD READING
HOUSE OF REPRESENTATIVES 693
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Eileen Lyons, HOUSE BILL 424 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 22)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
RECALLS
By unanimous consent, on motion of Representative Mulligan, HOUSE
BILL 2645 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
HOUSE BILL 2644. 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 HOUSE BILL 2644
AMENDMENT NO. 1. Amend House Bill 2644, on page 5, immediately
below line 31, by inserting the following:
"Section 17. The Environmental Health Practitioner Licensing Act
is amended by changing Section 28 as follows:
(225 ILCS 37/28)
Sec. 28. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable. The fees imposed under
this Act are as follows and are nonrefundable:
(1) The fee for application for an environmental health
practitioner license is $100.
(2) Applicants for examination shall pay, either to the
Department or to the designated testing service, a fee covering the
cost of providing the examination.
(3) The fee for renewal of a license is $110 per year.
(4) The fee for reinstatement of a license that has expired for
less than 5 years is $20, plus payment of all unpaid fees for every
year that has lapsed.
(5) The fee for the restoration of a license, other than from
inactive status, is $10 plus payment of all lapsed renewal fees.
(6) The fee for the restoration of a license that has expired
for more than 5 years is $300.
(7) The fee for issuance of a duplicate license, a replacement
license that has been lost or destroyed, or a license with a change
of name or address, other than during the renewal period, is $20. No
fee is required for name and address changes on Department records
when no duplicate license is issued.
694 JOURNAL OF THE [March 9, 1999]
(8) The fee for certification of a license for any purpose is
$20.
(9) The fee for a wall certificate showing the granting of a
license shall be the actual cost of producing the certificate.
(10) The fee for a roster of persons licensed as environmental
health practitioners in this State shall be the actual cost of
production of the roster.
(11) The fee for a sponsor of continuing education shall be set
by rule.
(Source: P.A. 89-61, eff. 6-30-95.)"; and
on page 5, line 33, by replacing "Section 15-5" with "Sections 15-5
and 15-65"; and
on page 8, immediately below line 5, by inserting the following:
"(225 ILCS 41/15-65)
Sec. 15-65. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The following fees shall be paid
to the Department for the licensing and registration functions
performed by the Department under this Code:
(A) License of funeral director and embalmer trainee.
(1) The fee to be paid by an applicant for a license as a
funeral director and embalmer trainee is $50.
(2) The fee to be paid upon the renewal of a license as a
funeral director and embalmer trainee is $100.
(B) License of funeral director and embalmer or funeral
director.
(1) The fee to be paid by an applicant for a license as a
funeral director and embalmer is $100. The Department may
provide for examination fees to be paid directly to a designated
testing service.
(2) The fee to be paid by an applicant for a license as a
funeral director and embalmer licensed under the laws of another
State or territory of the United States or of a foreign country
or province is $200.
(3) The fee to be paid upon the renewal of a license as a
funeral director and embalmer is $100; and $50 for a funeral
director.
(4) The fee to be paid for the reinstatement of a license
as a funeral director and embalmer or funeral director that has
been expired for not more than 5 years is $10 plus all lapsed
renewal fees.
(5) The fee to be paid for the restoration of a license as
a funeral director and embalmer that has been expired for more
than 5 years is $260; and $130 for a funeral director.
(6) The fee to place a license on inactive status is $20.
(C) General fees.
(1) The fee to be paid for the issuance of a duplicate
license, for the issuance of a replacement license for a license
which has been lost or destroyed or for the issuance of a license
with a change of name or address other than during the renewal
period is $10.
(2) The fee to be paid for a certification of a licensee's
record for any purpose is $10.
(3) The fee to be paid to have the scoring of an
examination administered by the Department reviewed and verified
is $10.
HOUSE OF REPRESENTATIVES 695
(4) The fee to be paid by a licensee for a wall certificate
showing the license shall be the actual cost of producing the
certificate.
(5) The fee to be paid for a roster of persons licensed as
funeral directors, funeral directors and embalmers, or funeral
director and embalmer trainees in this State shall be the actual
cost of producing the roster.
(6) The fee to be paid to the Department for a printed copy
of this Code and of the rules and regulations promulgated for the
administration of this Code is $1.
(Source: P.A. 87-966.)
Section 22. The Home Medical Equipment and Services Provider
License Act is amended by changing Sections 90 and 175 as follows:
(225 ILCS 51/90)
Sec. 90. Mandatory inspections. The Department shall inspect a
licensee for compliance with the requirements of this Act within 3
years after the date of initial licensure and at least once every 3
years thereafter, unless the licensee can demonstrate proof of
renewal of accreditation with a recognized national accrediting body.
The Department shall conduct random inspections upon renewal of a
license, for cause or as necessary to assure the integrity and
effectiveness of the licensing process. Upon failure to pass
inspection, a provider's license shall be suspended or denied as
applicable, pending review by the Board. The Department may authorize
qualified individuals to conduct inspections. The Department shall
set by rule, and pay to an inspector, a fee for each inspection. An
entity that fails to pass an inspection is subject to penalties under
Section 80. Upon notice of failure to pass an inspection, a provider
shall have 30 days to appeal the inspection results. On appeal, a
provider shall have the right to an inspection review or to a new
inspection in accordance with procedures adopted by the Department. A
home medical equipment and services provider licensed within 2 years
after the effective date of this Act is exempt from the inspection
requirements of this Section during that 2-year period.
(Source: P.A. 90-532, eff. 11-14-97.)
(225 ILCS 51/175)
Sec. 175. Entities currently operating. Entities engaged in the
business of providing home medical equipment and services at least 3
months prior to the effective date of this Act shall be issued a
license valid for 2 years, upon application and payment of the
required fee, without the necessity for a determination of compliance
with the requirements of subsection (a) of Section 40. In order to
obtain a license under this Section, an application shall be
submitted to the Department within 6 months after the adoption of
administrative rules. During the first year of licensure, such
providers shall be subject to random inspections for compliance with
applicable standards, unless such providers have a valid
accreditation from a recognized national accrediting body.
(Source: P.A. 90-532, eff. 11-14-97.)"; and
on page 19, immediately below line 9, by inserting the following:
"Section 47. The Interior Design Profession Title Act is amended
by changing Section 11 as follows:
(225 ILCS 310/11) (from Ch. 111, par. 8211)
Sec. 11. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The following fees are not
696 JOURNAL OF THE [March 9, 1999]
refundable:
(a) Registration fees.
(1) The fee for application for a certificate of
registration as an interior designer or a residential interior
designer is $100.
(2) The fee for a certificate of registration as an
interior designer or residential interior designer for a person
who is registered or licensed under the laws of another state, or
territory of the United States or of a foreign country or
province is $100.
(3) The fee for the renewal of a certificate of
registration shall be calculated at a rate of $80 per year.
(4) The fee for the restoration of a certificate of
registration other than from inactive status is $20 plus payment
of all lapsed renewal fees.
(b) General fees.
(1) The fee for the issuance of a duplicate certificate of
registration, for the issuance of a replacement certificate of
registration, for a certificate of registration which has been
lost or destroyed, or for the issuance of a certificate of
registration with a change of name or address other than during
the renewal period is $20. No fee is required for name and
address changes on Department records when no duplicate
certificate of registration is issued.
(2) The fee for the certification of the registrant's
record for any purpose is $20.
(3) The fee for rescoring an examination is the cost to the
Department of rescoring the examination plus any fees charged by
the applicable testing service to have the examination rescored.
(4) The fee for a wall certificate showing registration
shall be the actual cost of producing such certificate.
(5) The fee for a roster of persons registered as interior
designers or residential interior designers in this State shall
be the actual cost of producing such a roster.
(Source: P.A. 87-756; 88-650, eff. 9-16-94.)
Section 49. The Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 is amended by changing Section 4-23 as
follows:
(225 ILCS 410/4-23)
Sec. 4-23. Penalties for failure to receive required continuing
education credits.
(a) In the first 2-year cycle in which a licensee does not
obtain his or her continuing education hours, the Department shall
place him or her on probation. If the licensee does obtain his or
her continuing education hours prior to his or her next renewal, the
Department shall restore his or her license to good standing.
(b) In the second consecutive 2-year cycle in which a licensee
does not obtain his or her continuing education hours, he or she
shall be placed or continued continue on probation, be fined, and be
issued notice by the Department that license revocation will occur if
he or she does not receive the continuing education hours required
prior to his or her next renewal. If the licensee does obtain his or
her continuing education hours prior to his or her next renewal, he
or she shall remain on probation but shall not be fined pursuant to
subsection (a).
(c) In the third consecutive 2-year cycle in which a licensee
does not obtain his or her continuing education hours, his or her
license shall be revoked. The Department shall promulgate rules and
regulations governing the reissuance of a license that has been
revoked. These rules and regulations shall take into account that
the licensee already has been licensed and received the training
HOUSE OF REPRESENTATIVES 697
necessary for such a license.
(Source: P.A. 89-706, eff. 1-31-97.)"; and
on page 22, immediately below line 33, by inserting the following:
"Section 57. The Detection of Deception Examiners Act is amended
by changing Section 26 as follows:
(225 ILCS 430/26) (from Ch. 111, par. 2427)
Sec. 26. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The following fees shall be paid
to the Department for the licensing and registration functions
performed by the Department under this Act and shall be
nonrefundable:
(A) License as detection of deception examiner.
(1) The fee for application and for a license as a detection of
deception examiner is $25.
(2) In addition, applicants for any examination shall be
required to pay, either to the Department or to the designated
testing service, a fee covering the cost of determining the
applicant's eligibility and providing the examination.
(3) The fee upon the renewal of a license as a detection of
deception examiner shall be calculated at the rate of $90 per year.
(4) The fee for the reinstatement of a license as a detection of
deception examiner which has expired for not more than 5 years is $10
plus all lapsed renewal fees.
(5) The fee for the restoration of a license as a detection of
deception examiner which has expired for more than 5 years is $10
plus all lapsed renewal fees.
(B) General Fees.
(1) The fee for the issuance of a duplicate license, for the
issuance of a replacement license for a license which has been lost
or destroyed or for the issuance of a certificate with a change of
name or address other than during the renewal period is $10.
(2) The fee for a certification of a licensee's record for any
purpose is $10.
(3) The fee to have the scoring of an examination administered
by the Department reviewed and verified is $10 plus any fees charged
by the applicable testing service.
(4) The fee for a licensee for a wall certificate shall be the
actual cost of producing such certificate.
(5) The fee for a roster of persons licensed as detection of
deception examiners and registered to study detection of deception in
this State shall be the actual cost of producing such a roster.
This Section in regard to fees shall not apply to any examiner in
the exclusive employment of the United States of America, the State
of Illinois, any County, municipality, or political subdivision in
this State, any Department, Bureau or Agency of any of the foregoing,
or any examiner thereof in the pursuit of his official duties.
(Source: P.A. 84-1235.)".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
698 JOURNAL OF THE [March 9, 1999]
The following bill and any amendments adopted thereto were
printed and laid upon the Members' desks. This bill has been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Jerry Mitchell, HOUSE BILL 518 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 23)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
SENATE BILLS ON FIRST READING
Having been printed, the following bills were taken up, read by
title a first time and placed in the Committee on Rules: SENATE BILLS
4, 5, 30, 33, 34, 45, 48, 52, 55, 98, 117, 144, 145, 146, 147, 163,
169, 249, 251, 258, 377, 378 and 389.
RESOLUTION
The following resolutions were offered and placed in the
Committee on Rules.
HOUSE RESOLUTION 123
Offered by Representative Madigan:
WHEREAS, The Illinois corporate income tax is an important
component of State fiscal policy; and
WHEREAS, Public Act 90-613 moved Illinois from a three-factor
apportionment formula to a single sales factor formula for taxable
business income that is derived from Illinois and one or more other
states; and
WHEREAS, This change will affect State and local government
revenues and corporate and personal property tax bases and rates, and
may affect business investment decisions and employment growth; and
WHEREAS, The legislative intent of Public Act 90-613 was to
create employment and business growth by providing tax incentives to
certain businesses through the use of the single sales factor; and
WHEREAS, The impact of the change in creating new manufacturing
jobs in Illinois remains uncertain; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there is created the
Illinois Task Force on Corporate Tax Accountability consisting of 7
members of the House of Representatives; four members shall be
appointed by the Speaker of the House of Representatives, one of whom
shall be appointed the Chairperson by the Speaker of the House of
Representatives, and three members shall be appointed by the Minority
Leader of the House of Representatives, one of whom shall be
appointed the Minority Spokesperson by the Minority Leader of the
House of Representatives; and be it further
RESOLVED, That the Task Force shall meet at the call of the
Chairperson and act in an information gathering capacity; securing
expert witnesses from industry, labor, finance, economics, and
government; and be it further
HOUSE OF REPRESENTATIVES 699
RESOLVED, That the Task Force shall consider, but not be limited
to, the following:
(i) an examination of the reasons for the enactment of the
single sales factor;
(ii) the overall cumulative fiscal impact of the single sales
factor on State and local government revenues;
(iii) Illinois' current tax competitiveness position vis-a-vis
other states;
(iv) the measurable effect of the single sales factor on
corporate investment and employment growth; and
(v) the relative impact of tax expenditures on business
investment decisions; and be it further
RESOLVED, That the Task Force shall provide a written report no
later than January 1, 2000 to the House of Representatives by filing
copies of the report with the Clerk of the House of Representatives.
HOUSE RESOLUTION 124
Offered by Representative Madigan:
WHEREAS, This body recognizes that State law allows units of
local government to impose reasonable requirements regarding
residence, health, habits, and moral character on police officers and
prospective police officers; and
WHEREAS, Many units of local government require police officers
and prospective police officers to submit to psychological testing;
and
WHEREAS, There are no uniform standards in State law concerning
psychological testing of police officers and prospective police
officers; and
WHEREAS, If a unit of local government finds that a police
officer or prospective police officer is unfit for service based on
the results of a psychological test, that officer or prospective
officer does not have a right to appeal the unit of local
government's findings; and
WHEREAS, Because there are no uniform State standards concerning
the use of psychological tests, a police officer or prospective
police officer may be found fit for service in one jurisdiction of
this State and found unfit in another jurisdiction; therefore, be it
RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the General
Assembly to consider legislation to adopt uniform standards for the
psychological testing of police officers and prospective police
officers by units of local government; and be it further
RESOLVED, that we also urge the General Assembly to consider
legislation to provide police officers and prospective police
officers with a right to appeal the fitness findings of a unit of
local government.
HOUSE RESOLUTION 125
Offered by Representative Silva:
WHEREAS, The International Latino Cultural Center will be the
first of its kind in the nation; and
WHEREAS, The Center will include multi-purpose theaters, banquet
and exhibition space, a permanent art collection, a Pan-Latino
restaurant, a retail shop that carries products from over 20
countries, offices, and an information bureau that connects Chicago
with Ministries of Culture and Tourism and art institutions
throughout Ibero-America; and
WHEREAS, The Center will showcase and promote the arts and
culture of over 600 million Latinos worldwide; and
700 JOURNAL OF THE [March 9, 1999]
WHEREAS, A downtown International Latino Cultural Center will
provide a prominent showcase and increase accessibility for the
diverse and mulinational Latino arts and culture through film,
theater, music, literature, visual arts, and more; and
WHEREAS, The Center will be a vital contributor to the State's
diversity, cultural resources, tourism, and economy; and
WHEREAS, The Center will serve a multi-faceted and growing market
which includes 7.8 million residents, 1.8 million of which are Latino
downtown workers, students, and tourists; and
WHEREAS, Latinos are the fastest growing population in the State
and nation and are increasingly interested in and financially able to
support the arts, particularly when they relate to their own culture;
and
WHEREAS, The Chicago Latino Cinema has developed expertise in
organizational development, fundraising, marketing, promotion, and
arts programming and has a sound financial record; and
WHEREAS, There is a need and demand for this first of its kind in
the nation International Latino Cultural Center; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge and support
the creation of the International Latino Cultural Center in Chicago,
and are committed to developing cultural relations between the
Center's member nations and the State of Illinois, and will
facilitate the realization of this important cultural institution;
and be it further
RESOLVED, That suitable copies of this resolution be delivered to
the Speaker of the Illinois House of Representatives, the President
of the Illinois Senate, and the Governor of the State of Illinois.
RECALLS
By unanimous consent, on motion of Representative Howard, HOUSE
BILL 1147 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
At the hour of 6:25 o'clock p.m., Representative Currie moved
that the House do now adjourn until Wednesday, March 10, 1999, at
10:00 o'clock a.m.
The motion prevailed.
And the House stood adjourned.
HOUSE OF REPRESENTATIVES 701
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAR 09, 1999
0 YEAS 0 NAYS 115 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ E RONEN
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE P SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON P SHARP
P BROSNAHAN P HARRIS P MEYER A SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK E MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER P PANKAU P WIRSING
P DAVIS,STEVE P KLINGLER P PARKE P WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG P PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
702 JOURNAL OF THE [March 9, 1999]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 42
MEDICAID-NURSING HOME RESIDENT
THIRD READING
PASSED
MAR 09, 1999
101 YEAS 0 NAYS 0 PRESENT
A ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS A LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND A GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY A HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
A BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN A MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
A DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
A DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 703
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
CD CORR-CHILD SEX OFFENDERS
HOUSE BILL 32
THIRD READING
PASSED
MAR 09, 1999
106 YEAS 0 NAYS PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND A GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY A HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN A MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
704 JOURNAL OF THE [March 9, 1999]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 17
SCH CD-K-5 CLASS SIZE-REDUCE
THIRD READING
PASSED
MAR 09, 1999
104 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND A GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY A HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
A BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN A MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER A PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 705
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 38
GOVT ETHICS-STMNTS-INTERNET
THIRD READING
PASSED
MAR 09, 1999
105 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND A GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI A HOFFMAN A MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE A WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
706 JOURNAL OF THE [March 9, 1999]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 76
CRIM CD-FIREARM TRACING
THIRD READING
PASSED
MAR 09, 1999
100 YEAS 2 NAYS 4 PRESENT
Y ACEVEDO P FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND A GILES Y McAULIFFE Y SCHOENBERG
P BOST A GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS A McGUIRE Y SCULLY
Y BRADY P HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
N BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN A MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO P WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 707
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 129
CIV PRO-NAME CHANGE-WITNESSES
THIRD READING
PASSED
MAR 09, 1999
95 YEAS 9 NAYS 4 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS A GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND N GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG N McKEON P SHARP
Y BROSNAHAN N HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW P HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN N MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS N TURNER,ART
P CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL
Y DART N JONES,SHIRLEY Y OSMOND Y WINTERS
N DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG N PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
P FLOWERS Y LEITCH
E - Denotes Excused Absence
708 JOURNAL OF THE [March 9, 1999]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 329
CRIM CD-SEXUAL OFFENSE-MINORS
THIRD READING
PASSED
MAR 09, 1999
110 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 709
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 731
SEX OFFENDER-PUBLISH PHOTO
THIRD READING
PASSED
MAR 09, 1999
110 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS A McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
710 JOURNAL OF THE [March 9, 1999]
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 448
CRIM CD-AGGRAVATED BATTERY
THIRD READING
PASSED
MAR 09, 1999
110 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT A LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN A HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
A FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 711
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1509
PROCURECD-CONTRCT-PRIVTE UNVTY
THIRD READING
PASSED
MAR 09, 1999
76 YEAS 35 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
N BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK E MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN A STROGER
N CROSS N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
A DURKIN Y KRAUSE N POE Y YOUNGE
A ERWIN Y LANG Y PUGH N ZICKUS
A FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
712 JOURNAL OF THE [March 9, 1999]
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 567
SCH CD-COMPULSORY SCHOOL AGE
THIRD READING
PASSED
MAR 09, 1999
95 YEAS 16 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE A WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
N DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
A FEIGENHOLTZ Y LAWFER A REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 713
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE JOINT RESOLUTION 2
SOS-STATUES-R REAGAN-U S GRANT
ADOPTED
MAR 09, 1999
111 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN A HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
A DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG A PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
A FLOWERS Y LEITCH
E - Denotes Excused Absence
714 JOURNAL OF THE [March 9, 1999]
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 536
VEH CD-PARKED VEH-EXPIRED REG
THIRD READING
PASSED
MAR 09, 1999
103 YEAS 5 NAYS 3 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN N FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN N HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW P STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN N STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY P JOHNSON,TIM Y MYERS Y TURNER,ART
A CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY P JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
A DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
N FEIGENHOLTZ Y LAWFER Y REITZ A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 715
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 230
SCH CD-CHARTER SCH PROP-BD ED
THIRD READING
PASSED
MAR 09, 1999
86 YEAS 21 NAYS 7 PRESENT
P ACEVEDO N FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
P BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND N GILES Y McAULIFFE Y SCHOENBERG
N BOST A GRANBERG N McCARTHY N SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
Y BRADY N HANNIG N McKEON Y SHARP
N BROSNAHAN N HARRIS Y MEYER A SILVA
N BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN P STROGER
Y CROSS Y HULTGREN P MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS P JONES,LOU Y O'CONNOR Y WINKEL
N DART P JONES,SHIRLEY Y OSMOND N WINTERS
N DAVIS,MONIQUE P KENNER Y PANKAU Y WIRSING
N DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO N WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN N LANG N PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
N FLOWERS Y LEITCH
E - Denotes Excused Absence
716 JOURNAL OF THE [March 9, 1999]
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 235
VEH CD-CHARITABLE VEHICLE
THIRD READING
PASSED
MAR 09, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 717
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 236
CIVIL ADMIN CD-RENUMBERING CD
THIRD READING
PASSED
MAR 09, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
A CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
718 JOURNAL OF THE [March 9, 1999]
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 252
CRIM CD-NITROUS OXIDE
THIRD READING
PASSED
MAR 09, 1999
111 YEAS 1 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS P TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
Y ERWIN Y LANG A PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 719
NO. 19
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 404
POWER OF ATTY-ANATOMICAL GIFT
THIRD READING
PASSED
MAR 09, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO A SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
720 JOURNAL OF THE [March 9, 1999]
NO. 20
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 449
VEH CD-LASER DETECTION DEVICES
THIRD READING
PASSED
MAR 09, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS A GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 721
NO. 21
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILLS 541, 607 AND 668
CONSENT CALENDAR
THIRD READING
PASSED
MAR 09, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
722 JOURNAL OF THE [March 9, 1999]
NO. 22
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 424
GANG CRIME WITNESS-RE-ENACT
THIRD READING
PASSED
MAR 09, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
A BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER A PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 723
NO. 23
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 518
FISH AQUATIC CD-ICE FISHING
THIRD READING
PASSED
MAR 09, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER A SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART A JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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