HOUSE OF REPRESENTATIVES 1491
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
29TH LEGISLATIVE DAY
THURSDAY, MARCH 18, 1999
10:00 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Pastor Kelly Fryer of the Cross of Glory Lutheran
Church in Lockport, Illinois.
Representative Hassert 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:
117 present. (ROLL CALL 1)
By unanimous consent, Representatives Persico excused from
attendance.
REQUEST TO BE SHOWN ON QUORUM
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Ronen, should be
recorded as present.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Righter will replace Representative Myers,
Representative Tenhouse will replace Representative Black, and
Representative Stephens will replace Representative John Jones in the
Committee on Transportation & Motor Vehicles, for today only.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
1492 JOURNAL OF THE [March 18, 1999]
Amendments numbered 2 and 3 to HOUSE BILL 60.
Amendments numbered 2 and 3 to HOUSE BILL 63.
Amendment No. 1 to HOUSE BILL 107.
Amendment No. 2 to HOUSE BILL 112.
Amendment No. 2 to HOUSE BILL 161.
Amendment No. 1 to HOUSE BILL 317.
Amendment No. 1 to HOUSE BILL 415.
Amendment No. 1 to HOUSE BILL 421.
Amendment No. 1 to HOUSE BILL 437.
Amendment No. 1 to HOUSE BILL 528.
Amendments numbered 1 and 2 to HOUSE BILL 558.
Amendment No. 2 to HOUSE BILL 909.
Amendment No. 1 to HOUSE BILL 924.
Amendment No. 2 to HOUSE BILL 941.
Amendment No. 1 to HOUSE BILL 979.
Amendment No. 8 to HOUSE BILL 999.
Amendment No. 1 to HOUSE BILL 1115.
Amendment No. 1 to HOUSE BILL 1265.
Amendment No. 1 to HOUSE BILL 1340.
Amendment No. 1 to HOUSE BILL 1352.
Amendment No. 1 to HOUSE BILL 1362.
Amendment No. 1 to HOUSE BILL 1687.
Amendment No. 1 to HOUSE BILL 1705.
Amendment No. 1 to HOUSE BILL 1717.
Amendment No. 1 to HOUSE BILL 1743.
Amendment No. 1 to HOUSE BILL 1801.
Amendment No. 3 to HOUSE BILL 1805.
Amendment No. 1 to HOUSE BILL 1909.
Amendment No. 1 to HOUSE BILL 2036.
Amendment No. 1 to HOUSE BILL 2210.
Amendment No. 1 to HOUSE BILL 2627.
Amendment No. 1 to HOUSE BILL 2645.
Amendment No. 1 to HOUSE BILL 2648.
Amendment No. 1 to HOUSE BILL 2827.
Amendment No. 3 to HOUSE BILL 2031.
The committee roll call vote on the forgoing Legislative Measures
is as follows:
3, Yeas; 2, Nays; 0, Answering Present.
Y Currie, Chair N Ryder
Y Hannig N Ryder
Y Turner, Art
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Agriculture & Conservation: House Amendment 1 to
HOUSE BILL 2243.
Committee on Children & Youth: House Amendment 2 to HOUSE BILL
1089.
Committee on Computer Technology: House Amendment 1 to HOUSE
BILL 2616.
Committee on Elections & Campaign Reform: House Amendment 1 to
HOUSE BILL 992.
Committee on Elementary & Secondary Education: House Amendment 1
to HOUSE BILL 1878.
HOUSE OF REPRESENTATIVES 1493
Committee on Human Services: House Amendment 1 to HOUSE BILL
1280, House Amendment 1 to HOUSE BILL 1846, House Amendment 2 to
HOUSE BILL 2021, House Amendment 2 to HOUSE BILL 2198, House
Amendment 1 to HOUSE BILL 2676; House Amendments 1 and House
Amendment 2 to HOUSE BILL 2574.
Committee on Judiciary I-Civil Law: House Amendments 2, House
Amendment 4 to HOUSE BILL 1938 and House Amendment 1 to HOUSE BILL
2134.
Committee on Judiciary II-Criminal Law: House Amendment 1 to
HOUSE BILL 1175, House Amendment 1 to HOUSE BILL 1223 and House
Amendment 2 to HOUSE BILL 2708.
Committee on Labor & Commerce: House Amendment 1 to HOUSE BILL
1974; House Amendments 1 and House Amendment 2 to HOUSE BILL 2012.
Committee on Local Government: House Amendment 2 to HOUSE BILL
390, House Amendment 1 to HOUSE BILL 1712 and House Amendment 1 to
HOUSE BILL 2359.
Committee on Registration & Regulation: House Amendment 1 to
HOUSE BILL 801 and House Amendment 1 to HOUSE BILL 2647.
Committee on Revenue: House Amendment 1 to HOUSE BILL 2086.
Committee on Tourism: House Amendment 1 to HOUSE BILL 2147 and
House Amendment 1 to HOUSE BILL 2148.
CHANGE OF DEBATE STATUS
Pursuant to House Rule 52(c), Speaker Madigan changed the Debate
Status for HOUSE BILL 210 from Standard Debate to Unlimited Debate.
Pursuant to House Rule 52(c), Speaker Madigan changed the Debate
Status for HOUSE BILL 999 from Short Debate to Unlimited Debate.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for HOUSE BILLS 225, as amended,
228, as amended, 571, as amended, 753, as amended, 806, as amended,
1505, as amended, 2021, as amended, 2031, as amended and 2667.
JUDICIAL NOTES SUPPLIED
Judicial Notes have been supplied for HOUSE BILLS 225, as
amended, 228, as amended and 600.
STATE MANDATE NOTES SUPPLIED
State Mandate Notes have been supplied for HOUSE BILLS 143, as
amended, 225, as amended, 228, as amended, 427, as amended, 1181, as
amended, 1818, as amended, 2031, as amended, 2035, as amended, 2255
and 2704 as amended.
HOME RULE IMPACT NOTES SUPPLIED
Home Rule Impact Notes have been supplied for HOUSE BILLS 225, as
amended, 228, as amended, 1956, 2031, as amended and 2704, as
amended.
HOUSING AFFORDABILITY IMPACT NOTE SUPPLIED
1494 JOURNAL OF THE [March 18, 1999]
A Housing Affordability Impact Note has been supplied for HOUSE
BILL 233.
STATE DEBT IMPACT NOTE SUPPLIED
A State Debt Impact Note has been supplied for HOUSE BILL 1434,
as amended.
LAND CONVEYANCE APPRAISEL NOTE SUPPLIED
A Land Conveyance Appraisel Note has been supplied for HOUSE BILL
452, 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. 17
A bill for AN ACT to amend the School Code by changing Section
2-3.12a.
SENATE BILL NO. 19
A bill for AN ACT regarding child support enforcement.
SENATE BILL NO. 39
A bill for AN ACT to amend the Illinois Municipal Code by
changing Sections 11-74.4-3 and 11-74.4-7.
SENATE BILL NO. 43
A bill for AN ACT concerning cancer research.
SENATE BILL NO. 44
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 12-4.11.
SENATE BILL NO. 51
A bill for AN ACT to amend the Property Tax Code by changing
Section 21-260.
SENATE BILL NO. 82
A bill for AN ACT to amend the Abused and Neglected Child
Reporting Act by changing Section 4.
SENATE BILL NO. 94
A bill for AN ACT to amend the Harassing and Obscene
Communications Act by changing Section 1 and adding Section 0.02.
SENATE BILL NO. 110
A bill for AN ACT to amend the Illinois Income Tax Act by
changing Section 201.
SENATE BILL NO. 122
A bill for AN ACT concerning professional land surveyors.
HOUSE OF REPRESENTATIVES 1495
SENATE BILL NO. 123
A bill for AN ACT concerning the regulation of the practice of
architecture.
SENATE BILL NO. 126
A bill for AN ACT concerning structural engineers.
SENATE BILL NO. 127
A bill for AN ACT concerning professional engineers.
SENATE BILL NO. 128
A bill for AN ACT to amend the Illinois Income Tax Act by adding
Section 211.
SENATE BILL NO. 178
A bill for AN ACT to amend the Jury Act by changing Section 10.2.
Passed by the Senate, March 18, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 17, 19, 39, 43, 44, 51, 82, 94,
110, 122, 123, 126, 127, 128 and 178 were ordered printed and
to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed 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. 214
A bill for AN ACT to amend the Illinois Income Tax Act by
changing Section 203.
SENATE BILL NO. 233
A bill for AN ACT to amend the Upper Illinois River Valley
Development Authority Act by adding Section 7.5.
SENATE BILL NO. 257
A bill for AN ACT to amend the Code of Civil Procedure by
changing Section 2-202.
SENATE BILL NO. 259
A bill for AN ACT concerning funeral and cemetery services,
amending named Acts.
SENATE BILL NO. 283
A bill for AN ACT to conform State statutes to existing State
practice.
SENATE BILL NO. 306
A bill for AN ACT to amend the Public Utilities Act by changing
Section 13-402.
SENATE BILL NO. 360
A bill for AN ACT to amend the Illinois Department of Revenue
Sunshine Act by adding Section 3.5.
1496 JOURNAL OF THE [March 18, 1999]
Passed by the Senate, March 18, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 214, 233, 257, 259, 283, 306 and
360 were ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed 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. 380
A bill for AN ACT to amend the Property Tax Code by changing
Sections 21-15, 21-20, and 21-25.
SENATE BILL NO. 387
A bill for AN ACT to amend the Election Code by changing Sections
7-30, 13-1, 13-2, 13-3, 13-4, 13-8, 14-1, 14-5, and 14-7.
SENATE BILL NO. 400
A bill for AN ACT to amend the Juvenile Court Act of 1987 by
changing Sections 5-615, 5-710, 5-715.
SENATE BILL NO. 421
A bill for AN ACT to amend the Illinois Procurement Code by
changing Section 50-35.
SENATE BILL NO. 567
A bill for AN ACT to amend the General Not For Profit Corporation
Act of 1986 by changing Sections 101.15 and 110.05.
SENATE BILL NO. 656
A bill for AN ACT to amend the Liquor Control Act of 1934 by
changing Sections 6-11 and 7-13.
SENATE BILL NO. 658
A bill for AN ACT to create the Orthotics, Prosthetics, and
Pedorthics Practice Act.
SENATE BILL NO. 667
A bill for AN ACT to amend the Workers' Compensation Act by
changing Section 3.
SENATE BILL NO. 685
A bill for AN ACT regarding treatment of prostate cancer.
SENATE BILL NO. 732
A bill for AN ACT to amend the Criminal Code of 1961 by
re-enacting Section 11-20.1.
SENATE BILL NO. 799
A bill for AN ACT to amend the Illinois Income Tax Act by
changing Section 1501.
SENATE BILL NO. 815
A bill for AN ACT to amend the Illinois Banking Act by changing
Sections 4, 13, 22, 30, and 30.5.
HOUSE OF REPRESENTATIVES 1497
SENATE BILL NO. 840
A bill for AN ACT relating to school construction projects,
amending named Acts.
Passed by the Senate, March 18, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 380, 387, 400, 421, 567, 656,
658, 667, 685, 732, 799, 815 and 840 were ordered printed and
to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed 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. 847
A bill for AN ACT in relation to various offenses committed on
properties leased by public housing agencies.
SENATE BILL NO. 850
A bill for AN ACT to amend the Hospital Licensing Act by adding
Section 6.01.
SENATE BILL NO. 876
A bill for AN ACT to amend the Illinois Procurement Code by
changing Section 53-20.
SENATE BILL NO. 877
A bill for AN ACT to amend the Illinois Procurement Code by
changing Section 50-13.
SENATE BILL NO. 892
A bill for AN ACT to amend the Property Tax Code by changing
Sections 21-385, 22-15, and 22-20.
SENATE BILL NO. 893
A bill for AN ACT to amend the Illinois Income Tax Act by
changing Section 304.
SENATE BILL NO. 995
A bill for AN ACT concerning regional superintendents of schools.
Passed by the Senate, March 18, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 847, 850, 876, 877, 892, 893 and
995 were ordered printed and to a First Reading.
REPORTS FROM STANDING COMMITTEES
Representative Smith, Chairperson, from the Committee on
Agriculture & Conservation to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be adopted":
1498 JOURNAL OF THE [March 18, 1999]
Amendment No. 1 to HOUSE BILL 822.
The committee roll call vote on Amendment No. 1 to House Bill 822
is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
A Smith, Michael, Chair Y Lawfer
Y Bost Y Mitchell, Bill
A Fowler Y Myers, Richard
Y Franks Y O'Brien
A Hannig Y Poe
Y Hartke Y Reitz, Vice-Chair
Y Johnson, Tim A Slone
Y Jones, John A Turner, John
Y Woolard, Spkpn
Representative Feigenholtz, Chairperson, from the Committee on
Human Services to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to HOUSE BILL 631.
The committee roll call vote on Amendment No. 2 to House Bill 631
is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair Y Kosel, Spkpn
Y Bellock A Myers, Richard
A Coulson Y Pugh
A Flowers Y Schoenberg, Vice-Chair
Y Howard Y Sharp
Y Kenner A Winters
Y Wirsing
Representative Hoffman, Chairperson, from the Committee on
Transportation & Motor Vehicles to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the resolution be reported "be adopted" and be placed on the
House Calendar: HOUSE JOINT RESOLUTION 14.
The committee roll call vote on HOUSE JOINT RESOLUTION 14 is as
follows:
26, Yeas; 0, Nays; 0, Answering Present.
Y Hoffman, Chair A Kosel
A Bassi Y Lyons, Joseph
Y Black (Tenhouse) Y Mathias
Y Brosnahan Y McAuliffe
Y Fowler Y Moffitt
Y Garrett Y Myers, Richard
Y Gash Y O'Brien
Y Giglio, Vice-Chair Y Pankau
Y Hamos Y Reitz
Y Harris Y Schmitz
Y Hartke A Scully
Y Hassert Y Sharp
Y Holbrook Y Wait, Spkpn
Y Jones, John (Stephens) Y Wojcik
Y Zickus
HOUSE OF REPRESENTATIVES 1499
CHANGE OF SPONSORSHIP
Representative Capparelli asked and obtained unanimous consent to
be removed as chief sponsor and Representative Joseph Lyons asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
479.
Representative Dart asked and obtained unanimous consent to be
removed as chief sponsor and Representative Lopez asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 2036.
Representative Lang asked and obtained unanimous consent to be
removed as chief sponsor and Representative Acevedo asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
1975.
HOUSE BILLS ON SECOND READING
Having been read by title a second time on March 16, 1999 and
held, the following bills were taken up and advanced to the order of
Third Reading: HOUSE BILLS 386, 512, 1363, 1778, 1809, 1905, 1953,
2146, 2216, 2261 and 2824.
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 Bellock, HOUSE BILL 1774 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; 2, 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 Coulson, HOUSE BILL 382 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 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.
On motion of Representative Holbrook, HOUSE BILL 90 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
112, Yeas; 0, Nays; 4, 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
1500 JOURNAL OF THE [March 18, 1999]
concurrence.
RECALLS
By unanimous consent, on motion of Representative Lindner, HOUSE
BILL 650 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
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 Parke, HOUSE BILL 1153 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:
116, 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.
On motion of Representative Giglio, HOUSE BILL 440 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; 1, Nays; 1, Answering Present.
(ROLL CALL 6)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
RECALLS
By unanimous consent, on motion of Representative Bost, HOUSE
BILL 1282 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Biggins, HOUSE
BILL 1889 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Hassert, HOUSE
BILL 539 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
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).
HOUSE OF REPRESENTATIVES 1501
On motion of Representative Garrett, HOUSE BILL 77 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; 3, Nays; 0, Answering Present.
(ROLL CALL 7)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Stephens, HOUSE BILL 1832 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; 2, 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 107. Having been read by title a second time on March
11, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Steve Davis offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 107
AMENDMENT NO. 1. Amend House Bill 107 on page 4, by replacing
lines 4 through 6 with the following:
"(k) If an applicant claims to be a veteran, the Department of
Central Management Services must verify that status before granting a
veteran preference by requiring a certified copy of the applicant's
most recent DD214, report of separation from active duty, discharge
certificate, or other evidence of the applicant's most recent
discharge from the Armed Forces of the United States.".
The motion prevailed and the amendment was adopted and ordered
printed.
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 317. Having been recalled on February 18, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Bost offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 317
AMENDMENT NO. 1. Amend House Bill 317 on page 3 by replacing
lines 22 through 33 with the following:
"(a-15) There shall be an authorized community-based residential
1502 JOURNAL OF THE [March 18, 1999]
rehabilitation center alternative health care model in the
demonstration program. The community-based residential
rehabilitation center shall be located in the area of Illinois south
of Interstate Highway 70."; and
on page 4, line 4, by replacing "Alternative" with the following:
"If, after obtaining its initial certificate of need, an alternative
health care delivery model that is a community based residential
rehabilitation center seeks to increase the bed capacity of that
center, it must obtain a certificate of need from the Illinois Health
Facilities Planning Board before increasing the bed capacity.
Alternative"; and
on page 9 by replacing lines 20 through 23 with the following:
"The residential rehabilitation center authorized by the
Department may have more than one residence included under the
license."; and
on page 10 by replacing lines 6 through 10 with the following:
"The programs provided in this setting shall be accredited by the
Commission on Accreditation of Rehabilitation Facilities (CARF).
The program shall have been accredited by CARF".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 924. Having been read by title a second time on March
10, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Jerry Mitchell offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 924
AMENDMENT NO. 1. Amend House Bill 924 as follows:
on page 21, by replacing lines 18 through 33 with the following:
"(105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
Sec. 21-1a. Tests required for certification.
(a) After July 1, 1988, in addition to all other requirements,
early childhood, elementary, special, high school, school service
personnel, or, except as provided in Section 34-6, administrative
certificates shall be issued to persons who have satisfactorily
passed a test of basic skills and subject matter knowledge. The
tests of basic skills and subject matter knowledge shall be the tests
which from time to time are designated by the Professional Teacher
Standards Board State Board of Education in consultation with the
State Teacher Certification Board and may be tests prepared by an
educational testing organization or tests designed by the
Professional Teacher Standards Board State Board of Education in
consultation with the State Teacher Certification Board. The areas
to be covered by the test of basic skills shall include the basic
skills of reading, writing, grammar and mathematics. The test of
subject matter knowledge shall assess content knowledge in the
specific subject field. The tests shall be designed to be racially
neutral to assure that no person in taking the tests is thereby
discriminated against on the basis of race, color, national origin or
other factors unrelated to the person's ability to perform as a
certificated employee. The score required to pass the tests of basic
skills and subject matter knowledge shall be fixed by the
HOUSE OF REPRESENTATIVES 1503
Professional Teacher Standards Board State Board of Education in
consultation with the State Teacher Certification Board. The tests
shall be held not fewer than 3 times a year at such time and place as
may be designated by the Professional Teacher Standards Board State
Board of Education in consultation with the State Teacher
Certification Board.
(b) Except as provided in Section 34-6, the provisions of
subsection (a) of this Section shall apply equally in any school
district subject to Article 34, provided that the Professional
Teacher Standards Board State Board of Education shall determine
which certificates issued under Sections 34-8.1 and 34-83 prior to
July 1, 1988 are comparable to any early childhood certificate,
elementary school certificate, special certificate, high school
certificate, school service personnel certificate or administrative
certificate issued under this Article as of July 1, 1988.
(c) A person who holds an early childhood, elementary, special,
high school or school service personnel certificate issued under this
Article on or at any time before July 1, 1988, including a person who
has been issued any such certificate pursuant to Section 21-11.1 or
in exchange for a comparable certificate theretofore issued under
Section 34-8.1 or Section 34-83, shall not be required to take or
pass the tests in order to thereafter have such certificate renewed.
(d) (Blank). The State Board of Education in consultation with
the State Teacher Certification Board shall conduct a pilot
administration of the tests by administering the test to students
completing teacher education programs in the 1986-87 school year for
the purpose of determining the effect and impact of testing
candidates for certification.
(e) The rules and regulations developed to implement the
required test of basic skills and subject matter knowledge shall
include the requirements of subsections (a), (b), and (c) and shall
include specific regulations to govern test selection; test
validation and determination of a passing score; administration of
the tests; frequency of administration; applicant fees; frequency of
applicants' taking the tests; the years for which a score is valid;
and, waiving certain additional tests for additional certificates to
individuals who have satisfactorily passed the test of basic skills
and subject matter knowledge as required in subsection (a). The
Professional Teacher Standards Board State Board of Education shall
provide, by rule, specific policies that assure uniformity in the
difficulty level of each form of the basic skills test and each
subject matter knowledge test from test-to-test and year-to-year.
The Professional Teacher Standards Board State Board of Education
shall also set a passing score for the tests.
(f) (Blank). The State Teacher Certification Board may issue a
nonrenewable temporary certificate between July 1, 1988 and August
31, 1988 to individuals who have taken the tests of basic skills and
subject matter knowledge prescribed by this Section but have not
received such test scores by August 31, 1988. Such temporary
certificates shall expire on December 31, 1988.
(g) Beginning January 1, 2000 July 1, 1999, the Professional
Teacher Standards Board State Board of Education, in consultation
with the State Teacher Certification Board, shall implement and
administer the a new system of certification for teachers in the
State of Illinois. The Professional Teacher Standards Board State
Board of Education, in consultation with the State Teacher
Certification Board, shall design and implement a system of
examinations and various other criteria which shall be required prior
to the issuance of Initial Teaching Certificates and Standard
Teaching Certificates. These examinations and indicators shall be
based on national professional teaching standards, as determined by
1504 JOURNAL OF THE [March 18, 1999]
the Professional Teacher Standards Board State Board of Education, in
consultation with the State Teacher Certification Board. The
Professional Teacher Standards Board State Board of Education may
adopt any and all regulations necessary to implement and administer
this Section.
(h) The Professional Teacher Standards Board State Board of
Education shall report to the Illinois General Assembly and the
Governor with recommendations for further changes and improvements to
the teacher certification system no later than January July 1, 2001
1999 and on an annual basis until January July 1, 2003 2001.
(Source: P.A. 90-548, eff. 1-1-98; 90-811, eff. 1-26-99.)"; and
by deleting pages 22 and 23; and
on page 24, by deleting lines 1 through 22; and
on page 26, by replacing lines 6 through 33 with the following:
"(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. Grades of certificates.
(a) Until July 1, 1999, all certificates issued under this
Article shall be State certificates valid, except as limited in
Section 21-1, in every school district coming under the provisions of
this Act and shall be limited in time and designated as follows:
Provisional vocational certificate, temporary provisional vocational
certificate, early childhood certificate, elementary school
certificate, special certificate, high school certificate, school
service personnel certificate, administrative certificate,
provisional certificate, and substitute certificate. The requirement
of student teaching under close and competent supervision for
obtaining a teaching certificate may be waived by the Professional
Teacher Standards Board State Teacher Certification Board upon
presentation to that the Board by the teacher of evidence of 5 years
successful teaching experience on a valid certificate and graduation
from a recognized institution of higher learning with a bachelor's
degree with not less than 120 semester hours and a minimum of 16
semester hours in professional education.
(b) Initial Teaching Certificate. Beginning July 1, 1999,
persons who (1) have completed an approved teacher preparation
program, (2) are recommended by an approved teacher preparation
program, (3) have successfully completed the Initial Teaching
Certification examinations required by the Professional Teacher
Standards Board State Board of Education, and (4) have met all other
criteria established by the Professional Teacher Standards Board
State Board of Education in consultation with the State Teacher
Certification Board, shall be issued an Initial Teaching Certificate
valid for 4 years of teaching. Initial Teaching Certificates shall
be issued for categories corresponding to Early Childhood,
Elementary, Secondary, and Special K-12, with special certification
designations for Special Education, Bilingual Education, fundamental
learning areas (including Language Arts, Reading, Mathematics,
Science, Social Science, Physical Development and Health, Fine Arts,
and Foreign Language), and other areas designated by the Professional
Teacher Standards Board State Board of Education, in consultation
with the State Teacher Certification Board.
(c) Standard Certificate. Beginning July 1, 1999, persons who
(1) have completed 4 years of teaching with an Initial Certificate,
have successfully completed the Standard Teaching Certificate
examinations, and have met all other criteria established by the
Professional Teacher Standards Board State Board of Education in
consultation with the State Teacher Certification Board, or (2) were
issued teaching certificates prior to July 1, 1999 and are renewing
those certificates after July 1, 1999, shall be issued a Standard
Certificate valid for 5 years, which may be renewed thereafter every
7 5 years by the Professional Teacher Standards Board State Teacher
HOUSE OF REPRESENTATIVES 1505
Certification Board based on proof of continuing education or
professional development. Standard Certificates shall be issued for
categories corresponding to Early Childhood, Elementary, Secondary,
and Special K-12, with special certification designations for Special
Education, Bilingual Education, fundamental learning areas (including
Language Arts, Reading, Mathematics, Science, Social Science,
Physical Development and Health, Fine Arts, and Foreign Language),
and other areas designated by the Professional Teacher Standards
Board State Board of Education, in consultation with the State
Teacher Certification Board.
(d) Master Certificate. Beginning July 1, 1999, persons who
have successfully achieved National Board certification through the
National Board for Professional Teaching Standards shall be issued a
Master Certificate, valid for 7 years and renewable thereafter every
7 years through compliance with requirements set forth by the
Professional Teacher Standards Board State Board of Education.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff.
1-26-99.)
(105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
Sec. 21-2.1. Early childhood certificate.
(a) An early childhood certificate shall be valid for 4 years
for teaching children up to 6 years of age, exclusive of children
enrolled in kindergarten, in facilities approved by the Professional
Teacher Standards Board State Superintendent of Education. Beginning
July 1, 1988, such certificate shall be valid for 4 years for
Teaching children through grade 3 in facilities approved by the
Professional Teacher Standard Board State Superintendent of
Education. Subject to the provisions of Section 21-1a, it shall be
issued to persons who have graduated from a recognized institution of
higher learning with a bachelor's degree and with not fewer than 120
semester hours including professional education or human development
or, until July 1, 1992, to persons who have early childhood education
instruction and practical experience involving supervised work with
children under 6 years of age or with children through grade 3. Such
persons shall be recommended for the early childhood certificate by a
recognized institution as having completed an approved program of
preparation which includes the requisite hours and academic and
professional courses and practical experience approved by the
Professional Teacher Standards Board State Superintendent of
Education in consultation with the State Teacher Certification Board.
(b) Beginning July 1, 1999, Initial and Standard Early Childhood
Education Certificates shall be issued to persons who meet the
criteria established by the Professional Teacher Standards Board
State Board of Education.
(Source: P.A. 90-548, eff. 1-1-98; 90-811, eff. 1-26-99.)"; and
by deleting pages 27 and 28; and
on page 29, by deleting lines 1 through 9; and
on page 29, by replacing lines 22 through 32 with the following:
"(105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
Sec. 21-3. Elementary certificate.
(a) An elementary school certificate shall be valid for 4 years
for teaching in the kindergarten and lower 9 grades of the common
schools. Subject to the provisions of Section 21-1a, it shall be
issued to persons who have graduated from a recognized institution of
higher learning with a bachelor's degree and with not fewer than 120
semester hours and with a minimum of 16 semester hours in
professional education, including 5 semester hours in student
teaching under competent and close supervision. Such persons shall be
recommended for the elementary certificate by a recognized
institution as having completed an approved program of preparation
which includes intensive preservice training in the humanities,
1506 JOURNAL OF THE [March 18, 1999]
natural sciences, mathematics, and the academic and professional
courses approved by the Professional Teacher Standards Board State
Superintendent of Education in consultation with the State Teacher
Certification Board.
(b) Beginning July 1, 1999, Initial and Standard Elementary
Certificates shall be issued to persons who meet all of the criteria
established by the Professional Teacher Standards Board State Board
of Education for elementary education.
(Source: P.A. 90-548, eff. 1-1-98; 90-811, eff. 1-26-99.)
(105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
Sec. 21-4. Special certificate.
(a) A special certificate shall be valid for 4 years for
teaching the special subjects named therein in all grades of the
common schools. Subject to the provisions of Section 21-1a, it shall
be issued to persons who have graduated from a recognized institution
of higher learning with a bachelor's degree and with not fewer than
120 semester hours including a minimum of 16 semester hours in
professional education, 5 of which shall be in student teaching under
competent and close supervision. When the holder of such certificate
has earned a master's degree, including 8 eight semester hours of
graduate professional education from a recognized institution of
higher learning and with 2 two years' teaching experience, it may be
endorsed for supervision.
Such persons shall be recommended for the special certificate by
a recognized institution as having completed an approved program of
preparation which includes academic and professional courses approved
by the Professional Teacher Standards Board State Superintendent of
Education in consultation with the State Teacher Certification Board.
(b) Those persons holding special certificates on July 1, 1999
shall be eligible for one of the following:
(1) The issuance of Standard Elementary and Standard
Secondary Certificates with appropriate special certification
designations as determined by the Professional Teacher Standards
Board State Board of Education, in consultation with the State
Teacher Certification Board, and consistent with rules adopted by
the Professional Teacher Standards Board State Board of
Education. These certificates shall be renewed as provided in
subsection (c) of Section 21-2.
(2) The issuance of Standard Special K-12 Certificates with
appropriate special certification designations, which shall be
renewed as provided in subsection (c) of Section 21-2. These
certificates shall not be eligible for additional certification
designations except as approved by the Professional Teacher
Standards Board State Board of Education, in consultation with
the State Teacher Certification Board.
(c) Those persons eligible to receive K-12 certification after
July 1, 1999 shall be issued Initial Elementary and Initial Secondary
Certificates with appropriate special certification designations
pursuant to this Section or Initial Special K-12 Certificates with
appropriate special certification designations pursuant to this
Section. These Initial K-12 Special Certificates shall not be
eligible for additional certification designations except as approved
by the Professional Teacher Standards Board State Board of Education,
in consultation with the State Teacher Certification Board.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff.
1-26-99.)
(105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
Sec. 21-5. High school certificate.
(a) A high school certificate shall be valid for 4 years for
teaching in grades 6 to 12 inclusive of the common schools. Subject
to the provisions of Section 21-1a, it shall be issued to persons who
HOUSE OF REPRESENTATIVES 1507
have graduated from a recognized institution of higher learning with
a bachelor's degree and with not fewer than 120 semester hours
including 16 semester hours in professional education, 5 of which
shall be in student teaching under competent and close supervision
and with one or more teaching fields. Such persons shall be
recommended for the high school certificate by a recognized
institution as having completed an approved program of preparation
which includes the academic and professional courses approved by the
Professional Teacher Standards Board State Superintendent of
Education in consultation with the State Teacher Certification Board.
(b) Beginning July 1, 1999, Initial and Standard Secondary
Certificates shall be issued to persons who meet all of the criteria
established by the Professional Teacher Standards Board State Board
of Education for secondary education.
(Source: P.A. 90-548, eff. 1-1-98; 90-811, eff. 1-26-99.)"; and
by deleting pages 30 and 31; and
on page 32, by deleting lines 1 through 23; and
on page 60, by replacing lines 32 and 33 with the following:
"(105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
Sec. 21-14. Registration and renewal of certificates.
(a) A limited four-year certificate or a certificate issued
after July 1, 1955, shall be renewable at its expiration or within 60
days thereafter by the county superintendent of schools having
supervision and control over the school where the teacher is teaching
upon certified evidence of meeting the requirements for renewal as
required by this Act and prescribed by the Professional Teacher
Standards Board State Board of Education in consultation with the
State Teacher Certification Board. An elementary supervisory
certificate shall not be renewed at the end of the first four-year
period covered by the certificate unless the holder thereof has filed
certified evidence with the Professional Teacher Standards Board
State Teacher Certification Board that he has a master's degree or
that he has earned 8 semester hours of credit in the field of
educational administration and supervision in a recognized
institution of higher learning. The holder shall continue to earn 8
semester hours of credit each four-year period until such time as he
has earned a master's degree.
All certificates not renewed or registered as herein provided
shall lapse after a period of 4 years from the expiration of the last
year of registration. Such certificates may be reinstated for a one
year period upon payment of all accumulated registration fees. Such
reinstated certificates shall only be renewed: (1) by earning 5
semester hours of credit in a recognized institution of higher
learning in the field of professional education or in courses related
to the holder's contractual teaching duties; or (2) by presenting
evidence of holding a valid regular certificate of some other type.
Any certificate may be voluntarily surrendered by the certificate
holder. A voluntarily surrendered certificate shall be treated as a
revoked certificate.
(b) When those teaching certificates issued before July 1, 1999
are renewed for the first time after July 1, 1999, all such teaching
certificates shall be exchanged for Standard Teaching Certificates as
provided in subsection (c) of Section 21-2. All Initial and Standard
Teaching Certificates, including those issued to persons who
previously held teaching certificates issued before July 1, 1999,
shall be renewable under the conditions set forth in this subsection
(b).
Initial Teaching Certificates are nonrenewable and are valid for
4 years of teaching. Standard Teaching Certificates are renewable
every 5 years as provided in subsection (c) of Section 21-2.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff.
1508 JOURNAL OF THE [March 18, 1999]
1-26-99.)"; and
by deleting page 61; and
on page 62, by deleting lines 1 through 13.
The motion prevailed and the amendment was adopted and ordered
printed.
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 Hoffman, HOUSE BILL 604 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; 8, Nays; 1, 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.
RECALLS
By unanimous consent, on motion of Representative Couslon, HOUSE
BILL 2271 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Bugielski,
HOUSE BILL 1742 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
By unanimous consent, on motion of Representative Mautino, HOUSE
BILL 2388 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Saviano, HOUSE
BILL 1700 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
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 Cowlishaw, HOUSE BILL 39 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; 5, Nays; 1, Answering Present.
HOUSE OF REPRESENTATIVES 1509
(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.
On motion of Representative Hannig, HOUSE BILL 1510 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:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 11)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
RECALLS
By unanimous consent, on motion of Representative Leitch, HOUSE
BILL 1811 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
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 Coulson, HOUSE BILL 886 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; 1, 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.
On motion of Representative Winters, HOUSE BILL 2281 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:
72, Yeas; 43, Nays; 1, Answering Present.
(ROLL CALL 13)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Monique Davis, HOUSE BILL 754 was
taken up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the negative by the following vote:
29, Yeas; 85, Nays; 2, Answering Present.
(ROLL CALL 14)
This bill, having failed to receive the votes of a constitutional
majority of the Members elected, was declared lost.
1510 JOURNAL OF THE [March 18, 1999]
On motion of Representative Lang, HOUSE BILL 279 was taken up and
read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 15)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 161. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Insurance, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 161
AMENDMENT NO. 1. Amend House Bill 161 by deleting all of
Sections 5 through 999.
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 1742. Having been recalled earlier today, and held on
the order of Second Reading, the same was again taken up.
On motion of Representative Bugielski, Amendment No. 1 was
ordered to lie on the table.
There being no further amendments, the bill was again advanced to
the order of Third Reading.
HOUSE BILL 1743. Having been read by title a second time on
March 11, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Beaubien offered the following amendments and
moved their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1743
AMENDMENT NO. 1. Amend House Bill 1743 by inserting at the end
of the bill the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
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.
RECALLS
HOUSE OF REPRESENTATIVES 1511
By unanimous consent, on motion of Representative Hultgren, HOUSE
BILL 1762 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 2648. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Biggins offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2648
AMENDMENT NO. 1. Amend House Bill 2648 on page 1, line 12, by
replacing "or" with "or, beginning with the 1999 assessment year,";
and
on page 2, below line 24, by inserting the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
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 2827. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Winkel offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2827
AMENDMENT NO. 1. Amend House Bill 2827 by replacing lines 31
through 34 of page 4 and lines 1 through 4 of page 5 with the
following:
"the respondent, the Department shall conduct a fact finding
conference prior to 365 days after the date on which the charge
was filed, unless the Director has determined whether there is
substantial evidence that the alleged civil rights violation has
been committed or the charge has been dismissed for lack of
jurisdiction. If the parties agree in writing, the fact finding
conference may be held at a time after the 365 day limit. Any".
The motion prevailed and the amendment was adopted and ordered
printed.
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 979. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Dart offered the following amendment and moved its
1512 JOURNAL OF THE [March 18, 1999]
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 979
AMENDMENT NO. 1. Amend House Bill 979, on page 3, line 5,
immediately after "procedure", by inserting the following:
"or where the product is not reasonably available in the commercial
marketplace; provided that the requirements of this paragraph (1)
shall not apply to pre-filled syringes or medications approved by the
federal Food and Drug Administration".
The motion prevailed and the amendment was adopted and ordered
printed.
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.
RECALLS
By unanimous consent, on motion of Representative Hoeft, HOUSE
BILL 1830 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Hoffman, HOUSE
BILL 747 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
By unanimous consent, on motion of Representative Zickus, HOUSE
BILL 2823 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 631. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Human
Services, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 631
AMENDMENT NO. 1. Amend House Bill 631 by replacing everything
after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Illinois Adoption Registry and Medical
Information Exchange Fund.
Section 10. The Adoption Act is amended by adding Sections
18.051, 18.052, 18.053, 18.054, 18.055, 18.056, 18.057, 18.058,
18.059, 18.060, 18.061, 18.062, and 18.063 and changing Section 18.3a
as follows:
(750 ILCS 50/18.051 new)
Sec. 18.051. The Illinois Adoption Registry and Medical
Information Exchange; legislative intent. The General Assembly
recognizes the importance of creating a procedure by which birth
families, adoptive families, legal guardians of surrendered children,
HOUSE OF REPRESENTATIVES 1513
and adult adopted or surrendered persons can exchange vital medical
information throughout the life of the adopted or surrendered person.
The General Assembly further recognizes that it is in the best
interest of adopted and surrendered persons and their birth and
adoptive families that birth family medical histories and the
preferences regarding contact of all parties to an adoption be
compiled, preserved and provided, upon request, to the adoptive
parents and legal guardians of adopted or surrendered children and to
adult adopted or surrendered persons and their birth and adoptive
relatives. The purpose of this amendatory Act of the 91st General
Assembly is to respond to these concerns by redefining the function
and operation of the Illinois Adoption Registry and creating the
Medical Information Exchange.
(750 ILCS 50/18.052 new)
Sec. 18.052. Definitions. When used in Sections 18.051 through
18.063, unless the context otherwise requires:
"Adopted person" means a person who was adopted pursuant to the
laws in effect at the time of the adoption.
"Adoptive parent" means a person who has become a parent through
the legal process of adoption.
"Adoptive relative" means the widow or widower or an adult child
or grandparent of a deceased adopted or surrendered person.
"Agency" means a public child welfare agency or a licensed child
welfare agency.
"Birth father" means the biological father of an adopted or
surrendered person who is named on the original birth certificate, in
the agency or court file, on a consent or surrender document, or a
notarized statement duly executed and signed by the birth mother, or
a biological father whose paternity has been established by a
judgment or order of the court.
"Birth mother" means the biological mother of an adopted or
surrendered person.
"Birth parent" means a parent, by birth, of an adopted or
surrendered person.
"Birth relative" means the adult biological full or half sibling
or birth grandparent of an adopted or surrendered person or the
biological sibling or adoptive child of his or her birth parent.
"Illinois Adoption Registry Authorization" means a document
issued by the Department of Public Health which entitles an adopted
person who is the subject of a Registry match to receive copies of
his or her original birth certificate, judgment for adoption, and
certain documents and records in the possession of the agency or
attorney that was involved in the adoption proceedings or surrender.
"Information Exchange Authorization" means an affidavit completed
by an applicant to the Illinois Adoption Registry and Medical
Information Exchange authorizing the release of his or her name and
address to a specified party or parties.
"Information Exchange Denial" means an affidavit completed by an
applicant to the Illinois Adoption Registry and Medical Information
Exchange denying the release of his or her name and address to a
specified party or parties.
"Interested party" means an adoptive parent or legal guardian of
an adopted or surrendered person under the age of 18, an adopted or
surrendered person 18 years of age or over, an adoptive relative, a
birth parent, or a birth relative.
"Medical Information Exchange Questionnaire" means the medical
history questionnaire completed by applicants to the Illinois
Adoption Registry and Medical Information Exchange.
"Proof of death" means a death certificate, a death notice, or an
obituary published in a daily newspaper.
"Surrendered person" means a person who was surrendered for
1514 JOURNAL OF THE [March 18, 1999]
adoption but not adopted.
(750 ILCS 50/18.053 new)
Sec. 18.053. The Illinois Adoption Registry and Medical
Information Exchange.
(a) General function. The Department of Public Health shall
redefine the function of the Illinois Adoption Registry, and create
the Medical Information Exchange in the manner outlined in
subsections (b) through (d) for the purpose of facilitating the
exchange of medical information between birth parents and birth
relatives and the adoptive parents and legal guardians of adopted or
surrendered minors, adult adopted or surrendered persons, and
adoptive relatives. The Department shall establish rules for the
confidential operation of the Illinois Adoption Registry and, from
July 1, 1999 to July 1, 2000, shall conduct a public information
campaign through public service announcements and other forms of
media coverage, and, for a minimum of 4 years, through notices on
driver's license renewal applications, to inform adopted and
surrendered persons born, surrendered, or adopted in Illinois and
their adoptive parents, legal guardians, birth parents, and birth
relatives of the provisions of this amendatory Act of the 91st
General Assembly. The Illinois Adoption Registry shall also
establish an informational internet site where interested parties may
access a summary of the provisions of this amendatory Act of the 91st
General Assembly and download all necessary application forms. The
Illinois Adoption Registry shall maintain statistical records,
publish and circulate to the public informational material about the
function and operation of the Registry, and provide interested
parties with Medical Exchange Questionnaires and all other Illinois
Adoption Registry applications and forms. The Registry shall forward
to all interested parties copies of any Medical Exchange
Questionnaires submitted to the Registry prior to the applicant's
registration by one of his or her biological relatives. If an adult
adopted or surrendered person has applied to the Registry and one of
his or her biological relatives subsequently applies to the Registry,
the Illinois Adoption Registry shall be responsible for forwarding a
copy of the birth parent's or birth relative's Medical Information
Exchange Questionnaire to the adopted or surrendered person or the
adoptive relative at the address shown on their Illinois Adoption
Registry Application.
(b) Birth parent registration at the time of surrender or
involuntary termination of parental rights. On and after January 1,
2000, at the time a child is surrendered or parental rights are
involuntarily terminated, the agency, Department of Children and
Family Services, Court Supportive Services, Juvenile Division of the
Circuit Court, Probation Officers of the Circuit Court, or any other
party to the surrender or consent to adoption shall request that the
birth parent or parents register with the Illinois Adoption Registry
and Medical Information Exchange and complete Parts I and II of the
Illinois Adoption Registry Application. If desired, the birth parent
or parents may also file an Information Exchange Authorization or
Information Exchange Denial with the Registry at any time after a
child is surrendered for adoption or parental rights are
involuntarily terminated, at any time during the adoption
proceedings, or at any time thereafter. In the event that the
information provided by the birth parent in Part I or II of the
Illinois Adoption Registry Application is incomplete, the agency,
Department of Children and Family Services, Court Supportive
Services, Juvenile Division of the Circuit Court, Probation Officers
of the Circuit Court, attorney, or any other party to the surrender
or consent to adoption proceedings may, to the best of their ability,
complete Parts I and II of the Illinois Adoption Registry Application
HOUSE OF REPRESENTATIVES 1515
on behalf of the birth parent.
(c) Establishment of the Adoption/Surrender Records File. All
records received by the Registry which pertain to an individual
adoption or surrender shall be placed into a single
Adoption/Surrender Records File. The Illinois Adoption Registry shall
establish a new Adoption/Surrender Records File for:
(1) Any adoption finalized by a court action in the State
of Illinois on or after January 1, 2000; and
(2) Any adoption of a person born in Illinois finalized by
a court action in a state other than Illinois or in a foreign
country on or after January 1, 2000;
(3) Any surrender taken in the State of Illinois on or
after January 1, 2000;
(4) Any adoption finalized by a court action in the State
of Illinois prior to January 1, 2000, any adoption of a person
born in Illinois finalized by a court action in a state other
than Illinois or in a foreign country prior to January 1, 2000,
and any surrender taken in the State of Illinois prior to January
1, 2000, for which the adopted or surrendered person, or one of
his or her birth parents, adult birth or adoptive relatives,
adoptive parents, or legal guardians has registered with the
Registry and completed an Illinois Adoption Registry Application.
(d) Contents of the Adoption/Surrender Records File. The
Adoption/Surrender Records File shall contain the following items, to
the extent that they are available:
(1) Parts I and II of any Illinois Adoption Registry
Application which has been completed by the adopted or
surrendered person or his or her adoptive parents, legal
guardians, birth parents, adoptive relative, or birth relatives
or by a third party on behalf of the birth parent at the time of
the surrender or involuntary termination of parental rights.
(2) Any written statements, letters, photographs, or other
items provided by any applicant for the adopted or surrendered
person or his or her birth or adoptive parents or relatives, or
legal guardians at the time of registration or any time
thereafter. All such items and documents shall be submitted in an
8 1/2" x 11" manila envelope and shall not include identifying
information pertaining to any party to the adoption other than
the applicant who submitted them.
(3) Any Information Exchange Authorization or Information
Exchange Denial which has been filed by the adopted or
surrendered person or any other interested party at the time of
registration or any time thereafter.
(4) For all adoptions finalized after January 1, 2000, a
copy of the original birth certificate, the consent or surrender
to adoption, or order of termination of parental rights, and the
judgment for adoption as well as the Affidavit of Information and
any other non-identifying information which is forwarded to the
Registry by any party to the adoption at the time of the adoption
or any time thereafter.
(5) Any updated addresses submitted by any interested
party.
(6) Any proof of death which has been submitted by: an
adoptive parent, adoptive relative, legal guardian, or friend of
an adopted or surrendered person in the event of his or her
death; a birth relative, legal guardian, or friend of a deceased
birth parent or birth sibling in the event of his or her death;
or a confidential intermediary.
(750 ILCS 50/18.054 new)
Sec. 18.054. The Illinois Adoption Registry Application. The
Illinois Adoption Registry Application shall substantially include
1516 JOURNAL OF THE [March 18, 1999]
the following:
(a) Part I: General Information. The Illinois Adoption
Registry Application shall include the following general information
subparts:
(1) A subpart for information about the registrant
including his or her surname, given name or names, social
security number (optional), mailing address, home telephone
number, sex, date and place of birth, and the date of
registration. This subpart shall also include the address and
telephone number of the Illinois Adoption Registry.
(2) A subpart for information to be completed by the
registrant if he or she is an adopted or surrendered person 18
years of age or over, including, if known to the applicant, the
state and county where the judgment of adoption was finalized,
the surnames, given names, and birthplaces of the adoptive
parents, and the adopted or surrendered person's birth name.
(3) A subpart for information to be completed by the
registrant if he or she is the adoptive parent or legal guardian
of an adopted or surrendered person under the age of 18 or a
birth parent or adult birth or adoptive relative of an adopted or
surrendered person. If applicable and known to the registrant,
this information shall include the maiden surname of the birth
mother, any subsequent surnames of the birth mother, the surname
of the birth father, the given name or names of the birth
parents, the dates and places of birth of the birth parents, the
surname and given name or names of the adopted person prior to
adoption, the sex and date and place of birth of the adopted or
surrendered person, and the name of the adopted person following
his or her adoption.
(b) Part II: Medical Information Exchange Questionnaire. In
recognition of the importance of medical information and of recent
discoveries regarding the genetic origin of many medical conditions
and diseases, with the exception of adoptive parents registering less
than one year after their child's adoption was finalized, all
applicants shall be asked to complete a Medical Information Exchange
Questionnaire. The Medical Information Exchange Questionnaire shall
include a comprehensive check-list of genetically-transmitted medical
conditions and diseases. Birth parents and adult birth and adoptive
relatives shall be asked to indicate all genetically-inherited
diseases and conditions on this list which are known to exist in
their biological families at the time of registration.
Adopted and surrendered persons and their adoptive parents, legal
guardians, and adoptive relatives shall be asked to indicate all
genetically-inherited diseases and medical conditions with which the
adopted or surrendered person or, if applicable, his or her children
have been diagnosed since birth. In addition, all birth parents
shall be apprised of the Registry's provisions for submitting
information about their and their family's medical histories on a
confidential, ongoing basis.
The form and content of the Medical Information Exchange
Questionnaire shall be determined by the Illinois Department of
Public Health and shall include a Hereditary Diseases Section that
allows the applicant to indicate any medical diseases or conditions
known to exist in their biological family, including, but not limited
to ADD/ADHD, AIDS/HIV, alcoholism, allergies, ALS (Lou Gehrig's
Disease), Alzheimer's Disease, anemia, arthritis, asthma, bipolar
disorder, blood disorders, breast cancer, colon cancer, ovarian
cancer, prostate cancer, skin cancer, cystic fibrosis, clinical
depression, diabetes, diverticulitis, dyslexia, eating disorders,
eczema, emphysema, epilepsy, farsightedness, gout, hay fever, hearing
disorders, heart disease, hemophilia, Huntington's Disease,
HOUSE OF REPRESENTATIVES 1517
hypertension (high blood pressure), hyperthyroidism, hypothyroidism,
kidney disease, learning disabilities, leukemia, mental illness,
muscular diseases, myopia (nearsightedness), obesity,
obsessive/compulsive disorder, Parkinson's disease, physical
disabilities, Rh factors, schizophrenia, sickle cell anemia, seizure
disorders, speech disabilities, stroke, substance abuse, Tay-Sachs
disease, tuberculosis, tumors (benign), tumors (malignant),
Tourette's syndrome, and vitiligo.
(c) Part III: Written statement. All registrants shall be
given the opportunity to file a written statement with the Registry.
This statement may include any additional medical data or any known
social, ethnic, or biographical information, and be submitted on the
space provided on the Information Exchange Authorization or in a
separate, sealed envelope.
(d) Part IV. Contact information. All registrants may indicate
their wishes regarding contact with any other interested party by
completing an Information Exchange Authorization, an Information
Exchange Denial, or an affidavit authorizing contact by a certified
confidential intermediary or other specified third party.
(1) Information Exchange Authorization. Adopted or
surrendered persons 18 years of age or over who would welcome
contact with one or more of their birth parents or other adult
birth relatives, birth parents and other adult birth relatives
who would welcome contact with an adopted or surrendered person,
or his or her adoptive parents or legal guardians or other adult
adoptive relatives, and adoptive parents or legal guardians of
adopted or surrendered persons under the age of 18 who would
welcome contact with the adopted or surrendered person's birth
parents or other birth relatives may file an Information Exchange
Authorization at the time of the adoption or surrender, or any
time thereafter.
(2) Information Exchange Denial. Adopted or surrendered
persons 18 years of age or over who do not wish to establish
direct contact with one or more of their birth parents or other
adult birth relatives may file an Information Exchange Denial.
Birth parents and other adult birth relatives who do not wish to
establish direct contact with an adopted or surrendered person,
his or her adoptive parents or legal guardians, or his or her
other adult adoptive relatives, and adoptive parents or legal
guardians of adopted or surrendered persons under the age of 18
who do not wish to establish direct contact with the adopted or
surrendered person's birth parents or other birth relatives may
file an Information Exchange Denial at the time of the adoption
or surrender, or any time thereafter.
Upon receipt of an Information Exchange Denial, the Illinois
Adoption Registry shall provide the registrant with a copy of the
Information Exchange Denial Revocation Form. An Information
Exchange Denial may be revoked at any time, without charge, by
filing an Information Exchange Denial Revocation Form or by
notifying the Registry in writing of the desire to revoke the
Information Exchange Denial. Information Exchange Denials filed
by the adoptive parent or legal guardian of an adopted or
surrendered person under the age of 18 shall expire on the
adopted or surrendered person's 18th birthday; thereafter, unless
the adopted or surrendered person files contact information with
the Registry, birth relative requests for information shall be
handled in the same manner as in cases where the adopted or
surrendered person has not filed an Information Exchange
Authorization or Information Exchange Denial with the Registry.
Unless revoked or expired, an Information Exchange Denial shall
remain in effect until 2 years after the death of the person who
1518 JOURNAL OF THE [March 18, 1999]
filed the it.
(e) All Illinois Adoption Registry Applications, Information
Exchange Authorizations, Information Exchange Denials, requests to
revoke an Information Exchange Authorization or Information Exchange
Denial, and affidavits submitted to the Registry shall be accompanied
by a photocopy of the applicant's current driver's license, passport,
or state-issued photo identification card.
(750 ILCS 50/18.055 new)
Sec. 18.055. Effective date of registration. Registration with
the Illinois Adoption Registry and Medical Information Exchange shall
become effective as soon as the applicant's completed Illinois
Adoption Registry Application has been filed with the Registry.
(750 ILCS 50/18.056 new)
Sec. 18.056. Executing documents in foreign countries. When an
Information Exchange Authorization or Information Exchange Denial is
executed in a foreign country, the document shall be executed at a
United States Embassy or consulate in the presence of a United States
government official qualified to acknowledge such documents.
(750 ILCS 50/18.057 new)
Sec. 18.057. Executing documents in the military. If the person
filing an Information Exchange Authorization or Information Exchange
Denial is in the military service of the United States, the execution
of these documents may be acknowledged before a commissioned officer
and the signature of the officer on the document shall be verified or
acknowledged before a notary public or by any other procedure in
effect for that division or branch of the armed forces.
(750 ILCS 50/18.058 new)
Sec. 18.058. Registry matches.
(a) The Registry shall release identifying information to the
following registered parties and provide them with a copy of the
other party's Medical Information Exchange Questionnaire as well as
any written statements, letters, photographs, or other items which
have been placed in the Adoption/Surrender Records File and
specifically intended for the registered parties:
(i) an adult adopted or surrendered person and one of his
or her birth parents or birth relatives who have both filed an
Information Exchange Authorization with the Registry, if
information available to the Registry confirms that the
consenting adopted or surrendered person is a biological relative
of the consenting birth parent or relative;
(ii) the adoptive parent or legal guardian of an adopted or
surrendered person under the age of 18 and one of his or her
birth parents or birth relatives who have both filed an
Information Exchange Authorization with the Registry, if
information available to the Registry confirms that the child of
the consenting adoptive parent or legal guardian is a biological
relative of the consenting birth parent or birth relative; or
(iii) a birth parent or birth relative and an adoptive
relative who have both filed an Information Exchange
Authorization with the Registry, if information available to the
Registry confirms that the deceased adopted person was a
biological relative of the consenting birth parent or birth
relative.
All eligible adult adopted or surrendered persons who are the subject
of a Registry match may be issued an Illinois Adoption Registry
Authorization for any documents listed in subsection (a) of Section
18.059 which are not included in the Adoption/Surrender Records File.
(b) In the event that an interested party is the subject of an
Information Release Denial filed by another party to the adoption,
the Registry shall not release identifying information to either
registrant. However, both registrants shall be provided with a copy
HOUSE OF REPRESENTATIVES 1519
of the other party's Medical Information Exchange Questionnaire as
well as any letters, pictures, or documents which have been placed in
the Adoption/Surrender Records File and are specifically intended for
them.
(750 ILCS 50/18.059 new)
Sec. 18.059. Illinois Adoption Registry Authorization.
(a) In the event of a Registry match, adult adopted or
surrendered persons may be issued an Illinois Adoption Registry
Authorization to access any of the documents listed in this
subsection (a) which are not included in their Adoption/Surrender
Records File. The Illinois Adoption Registry Authorization shall
entitle the adopted or surrendered person to receive a copy of his or
her original birth certificate from the Bureau of Vital Statistics;
if applicable, a copy of the judgment for adoption from the court of
the county where the adoption was finalized; any written statements,
letters, photographs, or other items which have been submitted to
any agency or attorney that was involved in the adoption proceedings
or surrender and are specifically intended for the adopted or
surrendered person; and any medical or nursery records pertaining to
the adopted or surrendered person and histories of prior placement
which are in the possession of any agency or attorney that was
involved in the adoption proceedings or surrender.
(b) If only the birth mother is named on the original birth
certificate and, if applicable, the judgment for adoption, and the
adopted or surrendered person is the subject of an Information
Release Authorization filed with the Registry by this birth parent,
the Illinois Adoption Registry shall provide the adopted or
surrendered person with an unaltered copy of his or her original
birth certificate and, if applicable, judgment for adoption, or issue
an Authorization which entitles him or her to receive unaltered
copies of the original birth certificate and, if applicable, the
judgment for adoption.
(c) If both the birth mother and birth father are named on the
original birth certificate or, if applicable, the judgment for
adoption, and both birth parents have filed an Information Release
Authorization with the Registry, the Illinois Adoption Registry shall
provide the adopted or surrendered person with an unaltered copy of
his or her original birth certificate and, if applicable, judgment
for adoption or issue an Authorization which entitles him or her to
receive unaltered copies of the original birth certificate and, if
applicable, the judgment for adoption.
(d) If both the birth mother and birth father are named on the
original birth certificate or, if applicable, the judgment for
adoption, and only one of the birth parents has filed an Information
Release Authorization with the Registry, the adopted or surrendered
person may either:
(1) Request that the name of the birth parent who has not
filed an Information Release Authorization with the Illinois
Adoption Registry be deleted from any copies of the original
birth certificate and, if applicable, the judgment for adoption
issued to the adopted or surrendered person and that this
deletion be specified on any Illinois Adoption Registry
Authorization issued to the adopted or surrendered person; or
(2) Provide a proof of death for the birth parent who has
not filed an Information Release Authorization with the Registry.
Upon receipt of this proof of death, the Illinois Adoption
Registry shall provide the adopted or surrendered person an
Authorization entitling the adopted or surrendered person to
receive unaltered copies of the original birth certificate and,
if applicable, the judgment for adoption.
(e) If the birth relative who has been matched with an adopted
1520 JOURNAL OF THE [March 18, 1999]
or surrenderd person is not one of his or her birth parents, the
release of the adopted or surrendered person's original birth
certificate or, if applicable, judgment for adoption and the issuance
of his or her Illinois Adoption Registry Authorization shall be
contingent upon the applicant providing a proof of death or
Information Release Authorization for all birth parents named on the
original birth certificate or, if applicable, judgment for adoption,
as specified in subsections (a) through (d).
(750 ILCS 50/18.060 new)
Sec. 18.060. Registration fee. A $40 fee shall be charged for
registering with the Illinois Adoption Registry and Medical
Information Exchange. However this fee shall be waived for all adult
adopted or surrendered persons, adoptive parents, adoptive relatives,
legal guardians, birth parents, and birth relatives who complete Part
II of the Illinois Adoption Registry Application at the time of
registration, as well as for all birth parents registering or being
registered by a third party within 12 months of the termination of
parental rights, and adoptive parents registering within 12 months of
the finalization of the adoption. All persons who were registered
with the Illinois Adoption Registry prior to the effective date of
this amendatory Act of the 91st General Assembly and who wish to
update their registration may do so without charge.
(750 ILCS 50/18.061 new)
Sec. 18.061. Exemption from liability. No liability shall
accrue to the State, any agency or employee thereof, any private
agency, or any attorney for acts or efforts made in good faith within
the scope of this amendatory Act of the 91st General Assembly and
pursuant to its provisions.
(750 ILCS 50/18.062 new)
Sec. 18.062. Effective date of entitlement. The effective date
of entitlement of any person to an Illinois Adoption Registry
Authorization shall be March 1, 2000.
(750 ILCS 50/18.063 new)
Sec. 18.063. Illinois Adoption Registry and Medical Information
Exchange Fund. There is hereby created in the State treasury a
special fund to be known as the Illinois Adoption Registry and
Medical Information Exchange Fund. All fees collected by the
Illinois Adoption Registry under this amendatory Act of the 91st
General Assembly shall be deposited into the Fund. Subject to
appropriation, the amounts in the Fund shall be used by the
Department of Public Health to conduct activities related to
maintaining the Illinois Adoption Registry and Medical Information
Exchange and issuing any documents and forms related to this
amendatory Act of the 91st General Assembly.
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
Sec. 18.3a. Confidential intermediary.
(a) General purposes. Notwithstanding any other provision of
this Act, any adoptee over the age of 18 or any adoptive parent or
legal guardian of an adoptee under the age of 18 may petition the
court for appointment of a confidential intermediary as provided in
this Section for the purpose of obtaining from one or both biological
parents or a sibling or siblings of the adoptee information
concerning the background of a psychological or genetically-based
medical problem experienced or which may be expected to be
experienced in the future by the adoptee or obtaining assistance in
treating such a problem.
(b) Petition. The court shall appoint a confidential
intermediary for the purposes described in subsection (f) if the
petitioner shows the following:
(1) the adoptee is suffering or may be expected to suffer
in the future from a life-threatening or substantially
HOUSE OF REPRESENTATIVES 1521
incapacitating physical illness of any nature, or a psychological
disturbance which is substantially incapacitating but not
life-threatening, or a mental illness which, in the opinion of a
physician licensed to practice medicine in all its branches, is
or could be genetically based to a significant degree;
(2) the treatment of the adoptee, in the opinion of a
physician licensed to practice medicine in all of its branches,
would be materially assisted by information obtainable from the
biological parents or might benefit from the provision of organs
or other bodily tissues, materials, or fluids by the biological
parents or other close biological relatives; and
(3) there is neither an Information Exchange Authorization
nor a Denial of Information Exchange filed in the Registry as
provided in Section 18.054 18.1.
The affidavit or testimony of the treating physician shall be
conclusive on the issue of the utility of contact with the biological
parents unless the court finds that the relationship between the
illness to be treated and the alleged need for contact is totally
without foundation.
(c) Fees and expenses. The court shall condition the
appointment of the confidential intermediary on the payment of the
intermediary's fees and expenses in advance, unless the intermediary
waives the right to full advance payment or to any reimbursement at
all.
(d) Eligibility of intermediary. The court may appoint as
confidential intermediary either an employee of the Illinois
Department of Children and Family Services designated by the
Department to serve as such, any other person certified by the
Department as qualified to serve as a confidential intermediary, or
any employee of a licensed child welfare agency certified by the
agency as qualified to serve as a confidential intermediary.
(e) Access. Notwithstanding any other provision of law, the
confidential intermediary shall have access to all records of the
court or any agency, public or private, which relate to the adoption
or the identity and location of any biological parent.
(f) Purposes of contact. The confidential intermediary has only
the following powers and duties:
(1) To contact one or both biological parents, inform the
parent or parents of the basic medical problem of the adoptee and
the nature of the information or assistance sought from the
biological parent, and inform the parent or parents of the
following options:
(A) The biological parent may totally reject the
request for assistance or information, or both, and no
disclosure of identity or location shall be made to the
petitioner.
(B) The biological parent may file an Information
Exchange Authorization as provided in Section 18.054 18.1.
The confidential intermediary shall explain to the
biological parent the consequences of such a filing,
including that the biological parent's identity will be
available for discovery by the adoptee. If the biological
parent agrees to this option, the confidential intermediary
shall supply the parent with the appropriate forms, shall be
responsible for their immediate filing with the Registry,
and shall inform the petitioner of their filing.
(C) If the biological parent wishes to provide the
information or assistance sought but does not wish his or
her identity disclosed, the confidential intermediary shall
arrange for the disclosure of the information or the
provision of assistance in as confidential a manner as
1522 JOURNAL OF THE [March 18, 1999]
possible so as to protect the privacy of the biological
parent and minimize the likelihood of disclosure of the
biological parent's identity.
(2) If a biological parent so desires, to arrange for a
confidential communication with the treating physician to discuss
the need for the requested information or assistance.
(3) If a biological parent agrees to provide the
information or assistance sought but wishes to maintain his or
her privacy, to arrange for the provision of the information or
assistance to the physician in as confidential a manner as
possible so as to protect the privacy of the biological parent
and minimize the likelihood of disclosure of the biological
parent's identity.
(g) Oath. The confidential intermediary shall sign an oath of
confidentiality substantially as follows:
"I, .........., being duly sworn, on oath depose and say:
As a condition of appointment as a confidential intermediary, I
affirm that:
(1) I will not disclose to the petitioner, directly or
indirectly, any information about the identity or location of the
biological parent whose assistance is being sought for medical
reasons except in a manner consistent with the law.
(2) I recognize that violation of this oath subjects me to
civil liability and to being found in contempt of court.
................................
SUBSCRIBED AND SWORN to before me, a Notary Public, on
(insert date). this ..... day of .........., 19...
................................"
(h) Sanctions.
(1) Any confidential intermediary who improperly discloses
information identifying a biological parent shall be liable to
the biological parent for damages and may also be found in
contempt of court.
(2) Any physician or other person who learns a biological
parent's identity, directly or indirectly, through the use of
procedures provided in this Section and who improperly discloses
information identifying the biological parent shall be liable to
the biological parent for actual damages plus minimum punitive
damages of $10,000.
(i) Death of biological parent. Notwithstanding any other
provision of this Act, if the confidential intermediary discovers
that the person whose assistance is sought has died, he or she shall
report this fact to the court, along with a copy of the death
certificate if possible.
(Source: P.A. 86-1451; revised 10-20-98.)
(750 ILCS 50/18.1 rep.)
(750 ILCS 50/18.3 rep.)
(750 ILCS 50/18.5 rep.)
(750 ILCS 50/18.6 rep.)
Section 15. The Adoption Act is amended by repealing Sections
18.1, 18.3, 18.5, and 18.6.
Section 99. Effective date. This Act takes effect upon becoming
law.".
Representative Feigenholtz offered the following amendment and
moved its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 631
HOUSE OF REPRESENTATIVES 1523
AMENDMENT NO. 2. Amend House Bill 631, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Illinois Adoption Registry and Medical
Information Exchange Fund.
Section 10. The Adoption Act is amended by adding Sections
18.051, 18.052, 18.053, 18.054, 18.055, 18.056, 18.057, 18.058,
18.059, 18.060, 18.061, and 18.062 and changing Section 18.3a as
follows:
(750 ILCS 50/18.051 new)
Sec. 18.051. The Illinois Adoption Registry and Medical
Information Exchange; legislative intent. The General Assembly
recognizes the importance of creating a procedure by which mutually
consenting adult members of birth families and adoptive families, as
well as legal guardians of surrendered children, and adult adopted or
surrendered persons may voluntarily exchange vital medical
information throughout the life of the adopted or surrendered person.
The General Assembly further recognizes that it is in the best
interest of adopted and surrendered persons and their birth and
adoptive families that birth family medical histories and the
preferences regarding contact of all parties to an adoption be
compiled, preserved and provided, upon request, to the adoptive
parents and legal guardians of adopted or surrendered children and to
adult adopted or surrendered persons and their birth and adoptive
relatives. The purpose of this amendatory Act of the 91st General
Assembly is to respond to these concerns by redefining the function
and operation of the Illinois Adoption Registry and creating the
voluntary Medical Information Exchange.
(750 ILCS 50/18.052 new)
Sec. 18.052. Definitions. When used in Sections beginning with
Section 18.051 and preceding Section 18.1, unless the context
otherwise requires:
"Adopted person" means a person who was adopted pursuant to the
laws in effect at the time of the adoption.
"Adoptive parent" means a person who has become a parent through
the legal process of adoption.
"Adoptive relative" means the widow or widower, adult child or
adoptive parent of a deceased adopted or surrendered person.
"Agency" means a public child welfare agency or a licensed child
welfare agency.
"Birth father" means the biological father of an adopted or
surrendered person who is named on the original certificate of live
birth, in the agency or court file, on a consent or surrender
document, or a notarized statement duly executed and signed by the
birth mother, or a biological father whose paternity has been
established by a judgment or order of the court.
"Birth mother" means the biological mother of an adopted or
surrendered person.
"Birth parent" means a parent, by birth, of an adopted or
surrendered person.
"Birth relative" means a parent, adult biological sibling,
adoptive child, or biological child who was not surrendered for
adoption of a deceased birth parent.
"Birth sibling" means the adult adopted or surrendered full or
half sibling of an adopted or surrendered person.
"Denial of Information Exchange" means an affidavit completed by
an applicant to the Illinois Adoption Registry and Medical
Information Exchange denying the release of his or her name and
address to a specified party or parties.
1524 JOURNAL OF THE [March 18, 1999]
"Identifying information" means the surname, given name or names,
and address of any interested party.
"Illinois Adoption Registry Release Letter" means a document
issued by the Department of Public Health which entitles an adopted
person who is the subject of a Registry match to receive copies of
his or her original certificate of live birth, judgment for adoption,
and certain documents and records in the possession of the agency or
attorney that was involved in the adoption proceedings or surrender.
"Information Exchange Authorization" means an affidavit completed
by an applicant to the Illinois Adoption Registry and Medical
Information Exchange authorizing the release of his or her name and
address to a specified party or parties.
"Interested party" means an adoptive parent or legal guardian of
an adopted or surrendered person under the age of 18, an adopted or
surrendered person 18 years of age or over, an eligible adoptive
relative, a birth parent, a birth sibling, or an eligible birth
relative.
"Medical Information Exchange Questionnaire" means the medical
history questionnaire completed by applicants to the Illinois
Adoption Registry and Medical Information Exchange.
"Proof of death" means a death certificate, a death notice, or a
legal notice of death published in a daily newspaper.
"Surrendered person" means a person who was surrendered for
adoption but not adopted.
(750 ILCS 50/18.053 new)
Sec. 18.053. The Illinois Adoption Registry and Medical
Information Exchange.
(a) General function. Subject to appropriation, the Department
of Public Health shall redefine the function of the Illinois Adoption
Registry, and create the Medical Information Exchange in the manner
outlined in subsections (b) through (d) for the purpose of
facilitating the voluntary exchange of medical information between
mutually consenting birth parents, birth siblings, and eligible birth
relatives and the adoptive parents and legal guardians of adopted or
surrendered minors, adult adopted or surrendered persons, and
adoptive relatives. The Department shall establish rules for the
confidential operation of the Illinois Adoption Registry and, from
July 1, 1999 to July 1, 2000, shall conduct a public information
campaign through public service announcements and other forms of
media coverage, and, for a minimum of 4 years, through notices on
driver's license renewal applications, to inform adopted and
surrendered persons born, surrendered, or adopted in Illinois and
their adoptive parents, legal guardians, birth parents, and birth
relatives of the provisions of this amendatory Act of the 91st
General Assembly. The Illinois Adoption Registry shall also
establish an informational internet site where interested parties may
access a summary of the provisions of this amendatory Act of the 91st
General Assembly and download all necessary application forms. The
Illinois Adoption Registry shall maintain statistical records,
publish and circulate to the public informational material about the
function and operation of the Registry, and provide interested
parties with Medical Exchange Questionnaires and all other Illinois
Adoption Registry applications and forms. The Registry shall forward
to each registrant a copy of any Medical Exchange Questionnaire
submitted to the Registry prior to the registrant's registration by
one of his or her biological relatives or, if the registrant is the
adoptive parent or legal guardian of an adopted or surrendered person
under the age of 18, any Medical Exchange Questionnaire submitted to
the Registry by a biological relative of his or her adopted child or
the child who is under his or her legal guardianship. If an adult
adopted or surrendered person, adoptive parent, legal guardian, or
HOUSE OF REPRESENTATIVES 1525
adoptive relative has registered with the Registry and one of the
adopted or surrendered person's biological relatives subsequently
applies to the Registry, the Illinois Adoption Registry shall forward
a copy of the birth parent's, birth sibling's, or birth relative's
Medical Information Exchange Questionnaire to the adopted or
surrendered person, adoptive parent, legal guardian, or adoptive
relative at the most recent address on file with the Illinois
Adoption Registry and Medical Information Exchange.
(b) Voluntary birth parent registration at the time of surrender
or involuntary termination of parental rights. On and after January
1, 2000, at the time a child is surrendered or parental rights are
involuntarily terminated, the agency, Department of Children and
Family Services, Court Supportive Services, Juvenile Division of the
Circuit Court, Probation Officers of the Circuit Court, or any other
party to the surrender or consent to adoption shall request that the
birth parent or parents voluntarily register with the Illinois
Adoption Registry and Medical Information Exchange and complete Parts
I and II of the Illinois Adoption Registry Application. If desired,
the birth parent or parents may also file an Information Exchange
Authorization or Denial of Information Exchange with the Registry at
any time after a child is surrendered for adoption or parental rights
are involuntarily terminated, at any time during the adoption
proceedings, or at any time thereafter.
(c) Establishment of the Adoption/Surrender Records File. All
records received by the Registry which pertain to an individual
adoption or surrender shall be placed into a single
Adoption/Surrender Records File. The Illinois Adoption Registry shall
establish a new Adoption/Surrender Records File for any adoption
finalized by a court action in the State of Illinois, any adoption of
a person born in Illinois finalized by a court action in a state
other than Illinois or in a foreign country, and any surrender taken
in the State of Illinois for which the adopted or surrendered person,
or one of his or her birth parents, birth siblings, eligible birth or
adoptive relatives, adoptive parents, or legal guardians has
voluntarily registered with the Registry and completed an Illinois
Adoption Registry Application. Files may be established for
adoptions finalized prior to as well as adoptions finalized on or
after the effective date of this amendatory Act of the 91st General
Assembly.
(d) Contents of the Adoption/Surrender Records File. The
Adoption/Surrender Records File shall contain the following items, to
the extent that they are available:
(1) Parts I and II of any Illinois Adoption Registry
Application which has been voluntarily completed by the adopted
or surrendered person or his or her adoptive parents, legal
guardians, birth parents, birth siblings, adoptive relatives, or
birth relatives.
(2) Any written statements, letters, photographs, or other
items voluntarily provided by any registrant for the adopted or
surrendered person or any other interested party at the time of
registration or any time thereafter. All such items and documents
shall be submitted in an unsealed envelope no larger than 8 1/2"
x 11", and shall not include identifying information pertaining
to any person other than the registrant who submitted them.
(3) Any Information Exchange Authorization or Denial of
Information Exchange which has been filed by the adopted or
surrendered person or any other interested party at the time of
registration or any time thereafter.
(4) For all adoptions finalized after January 1, 2000,
copies of the original certificate of live birth, the consent or
surrender to adoption or order of termination of parental rights,
1526 JOURNAL OF THE [March 18, 1999]
and the judgment for adoption as well as the Affidavit of
Information.
(5) Any updated addresses submitted by any interested
party.
(6) Any non-identifying information submitted to the
Registry by a confidential intermediary.
(7) Any proof of death which has been submitted by: an
adoptive parent, adoptive relative, legal guardian, or friend of
an adopted or surrendered person in the event of his or her
death; a birth relative, legal guardian, or friend of a deceased
birth parent in the event of his or her death; or a confidential
intermediary.
(750 ILCS 50/18.054 new)
Sec. 18.054. The Illinois Adoption Registry Application. The
Illinois Adoption Registry Application shall substantially include
the following:
(a) Part I: General Information. The Illinois Adoption
Registry Application shall include the following general information
subparts:
(1) A subpart for information about the registrant
including his or her surname, given name or names, social
security number (optional), mailing address, home telephone
number, gender, date and place of birth, and the date of
registration. This subpart shall also include the address and
telephone number of the Illinois Adoption Registry.
(2) A subpart for information to be completed by the
registrant if he or she is an adopted or surrendered person 18
years of age or over, including, if known to the applicant, the
state and county where the judgment of adoption was finalized,
the surnames, given name or names, and birthplaces of the
adoptive parents, and the adopted or surrendered person's birth
name.
(3) A subpart for information to be completed by the
registrant if he or she is the adoptive parent or legal guardian
of an adopted or surrendered person under the age of 18, a birth
parent, or the birth or adoptive relative of an adopted or
surrendered person. If applicable and known to the registrant,
this information shall include the maiden surname of the birth
mother, any subsequent surnames of the birth mother, the surname
of the birth father, the given name or names of the birth
parents, the dates and places of birth of the birth parents, the
surname and given name or names of the adopted person prior to
adoption, the gender and date and place of birth of the adopted
or surrendered person, and the name of the adopted person
following his or her adoption.
(b) Part II: Medical Information Exchange Questionnaire. In
recognition of the importance of medical information and of recent
discoveries regarding the genetic origin of many medical conditions
and diseases, with the exception of adoptive parents registering less
than one year after their child's adoption was finalized, all
applicants shall be asked to voluntarily complete a Medical
Information Exchange Questionnaire. The Medical Information Exchange
Questionnaire shall include a comprehensive check-list of
genetically-transmitted medical conditions and diseases. Birth
parents and birth and adoptive relatives shall be asked to indicate
all genetically-inherited diseases and conditions on this list which
are known to exist in the adopted or surrendered person's biological
family at the time of registration.
Adopted and surrendered persons and their adoptive parents, legal
guardians, and adoptive relatives shall be asked to indicate all
genetically-inherited diseases and medical conditions with which the
HOUSE OF REPRESENTATIVES 1527
adopted or surrendered person or, if applicable, his or her children
have been diagnosed since birth. In addition, all birth parents
shall be apprised of the Registry's provisions for voluntarily
submitting information about their and their family's medical
histories on a confidential, ongoing basis.
The form and content of the Medical Information Exchange
Questionnaire shall be determined by the Illinois Department of
Public Health and shall include a Hereditary Diseases Section that
allows the applicant to indicate any genetically-transmitted diseases
or conditions listed on the medical questionnaire with which the
adopted or surrendered person has been diagnosed since birth, if
applicable, which are known to exist in the adopted or surrendered
person's biological family. The Medical Exchange Questionnaire shall
also include a disclaimer informing registrants that the Department
of Public Health cannot guarantee the accuracy of medical information
exchanged through the Registry.
(c) Part III: Written statement. All registrants shall be
given the opportunity to voluntarily file a written statement with
the Registry. This statement may include any additional medical data
or any known social, ethnic, or biographical information, and may be
submitted on the space provided on the Information Exchange
Authorization or in a separate, unsealed envelope no larger than
8 1/2" x 11". No written statement submitted to the Registry shall
include identifying information pertaining to any person other than
the registrant who submitted it.
(d) Part IV. Contact information. All registrants may indicate
their wishes regarding contact with any other interested party by
completing an Information Exchange Authorization, a Denial of
Information Exchange, or an affidavit authorizing contact by a
certified confidential intermediary.
(1) Information Exchange Authorization. Adopted or
surrendered persons 18 years of age or over who would welcome
contact with one or more of their birth parents, birth siblings,
or birth relatives; birth parents, and birth relatives who would
welcome contact with an adopted or surrendered person, or one or
more of his or her adoptive parents or legal guardians or
adoptive relatives; and adoptive parents or legal guardians of
adopted or surrendered persons under the age of 18 who would
welcome contact with one or more of the adopted or surrendered
person's birth parents, birth siblings, or birth relatives may
specify with which biological relative or relatives of the
adopted or surrendered person they wish to exchange identifying
information by filing an Information Exchange Authorization at
the time of the adoption or surrender, or any time thereafter.
(2) Denial of Information Exchange. Adopted or surrendered
persons 18 years of age or over who do not wish to establish
direct contact with one or more of their birth parents, birth
siblings, or birth relatives may specify with which biological
relative or relatives they do not wish to exchange identifying
information by filing a Denial of Information Exchange. Birth
parents and birth relatives who do not wish to establish direct
contact with an adopted or surrendered person, or one or more of
his or her adoptive parents or legal guardians, or his or her
adoptive relatives; and adoptive parents or legal guardians of
adopted or surrendered persons under the age of 18 who do not
wish to establish direct contact with one or more of the adopted
or surrendered person's birth parents, birth siblings, or birth
relatives may specify with which biological relative or relatives
they do not wish to exchange identifying information by filing a
Denial of Information Exchange at the time of the adoption or
surrender, or any time thereafter.
1528 JOURNAL OF THE [March 18, 1999]
Upon receipt of a Denial of Information Exchange or
Information Exchange Authorization, the Illinois Adoption
Registry shall provide the registrant with a copy of the
appropriate revocation form. A Denial of Information Exchange or
Information Exchange Authorization may be revoked at any time,
without charge, by filing the appropriate revocation form or by
notifying the Registry in writing of the desire to revoke the
Denial of Information Exchange or the Information Exchange
Authorization. Denials of Information Exchange and Information
Exchange Authorizations filed by an adoptive parent or legal
guardian on behalf of an adopted or surrendered person under the
age of 18 shall expire on the adopted or surrendered person's
18th birthday; thereafter, unless the adopted or surrendered
person files contact information with the Registry, registrations
filed by his or her birth parents, birth siblings, or birth
relatives shall be handled in the same manner as in cases where
the adopted or surrendered person has not filed an Information
Exchange Authorization or Denial of Information Exchange with the
Registry.
(e) All Illinois Adoption Registry Applications, Information
Exchange Authorizations, Denials of Information Exchange, requests to
revoke an Information Exchange Authorization or Denial of Information
Exchange, and affidavits submitted to the Registry shall be
accompanied by proof of identification. In addition, applications
submitted by a birth relative or an adoptive relative shall also be
accompanied by a proof of death for the deceased birth parent or
adopted person.
(750 ILCS 50/18.055 new)
Sec. 18.055. Effective date of registration. Registration with
the Illinois Adoption Registry and Medical Information Exchange shall
become effective as soon as the applicant's completed Illinois
Adoption Registry Application has been filed with the Registry.
(750 ILCS 50/18.056 new)
Sec. 18.056. Registry matches.
(a) The Registry shall release identifying information to the
following mutually consenting registered parties and provide them
with a copy of the other party's Medical Information Exchange
Questionnaire as well as any written statements, letters,
photographs, or other items which have been placed in the
Adoption/Surrender Records File and specifically intended for the
registered parties:
(i) an adult adopted or surrendered person and one of his
or her birth parents or birth siblings who have both filed an
Information Exchange Authorization specifying the other
consenting party with the Registry, if information available to
the Registry confirms that the consenting adopted or surrendered
person is a biological relative of the consenting birth parent or
sibling;
(ii) the adoptive parent or legal guardian of an adopted or
surrendered person under the age of 18 and one of his or her
birth parents, birth siblings, or birth relatives who have both
filed an Information Exchange Authorization specifying the other
consenting party with the Registry, if information available to
the Registry confirms that the child of the consenting adoptive
parent or legal guardian is a biological relative of the
consenting birth parent, birth sibling, or birth relative; or
(iii) a birth parent, birth sibling, or birth relative and
an adoptive relative who have both filed an Information Exchange
Authorization specifying the other consenting party with the
Registry, if information available to the Registry confirms that
the deceased adopted person was a biological relative of the
HOUSE OF REPRESENTATIVES 1529
consenting birth parent, birth sibling, or birth relative; or
(iv) a birth relative and an adopted or surrendered person
who have both filed an Information Exchange Authorization
specifying the other consenting party with the Registry, if
information available to the Registry confirms that the adopted
or surrendered person was a biological relative of the deceased
birth parent.
All eligible adult adopted or surrendered persons who are the subject
of a Registry match may be issued an Illinois Adoption Registry
Release Letter for any documents listed in subsection (a) of Section
18.059 which are not included in the Adoption/Surrender Records File.
(b) In the event that an interested party is the subject of a
Denial of Information Release filed by another party to the adoption,
the Registry shall not release identifying information to either
registrant. However, both registrants shall be provided with a copy
of the other party's Medical Denial of Information Exchange
Questionnaire as well as any letters, pictures, or documents which
have been placed in the Adoption/Surrender Records File by the person
who filed the Denial of Information Release and are specifically
intended for them.
(750 ILCS 50/18.057 new)
Sec. 18.057. Illinois Adoption Registry Authorization.
In the event of a Registry match, adult adopted or surrendered
persons, under certain circumstances, may be issued an Illinois
Adoption Registry Release Letter to access any of the documents
listed in this Section which are not included in their
Adoption/Surrender Records File. The Illinois Adoption Registry
Release Letter shall entitle the adopted or surrendered person to
receive a copy of his or her original certificate of live birth from
the Department of Public Health; if applicable, a copy of the
judgment for adoption from the court of the county where the adoption
was finalized; any written statements, letters, photographs, or other
items which have been submitted to any agency or attorney that was
involved in the adoption proceedings or surrender and are
specifically intended for the adopted or surrendered person; and any
medical or nursery records pertaining to the adopted or surrendered
person and histories of prior placement which are in the possession
of any agency or attorney that was involved in the adoption
proceedings or surrender.
(1) If only the birth mother is named on the original
certificate of live birth and, if applicable, the judgment for
adoption, and the adopted or surrendered person is the subject of
an Information Release Authorization filed with the Registry by
this birth parent, the Illinois Adoption Registry shall provide
the adopted or surrendered person with an unaltered copy of his
or her original certificate of live birth and, if applicable,
judgment for adoption, or issue an Illinois Adoption Registry
Release Letter which entitles him or her to receive unaltered
copies of the original certificate of live birth and, if
applicable, the judgment for adoption and other specified
documents.
(2) If only the birth mother is named on the original
certificate of live birth and, if applicable, the judgment for
adoption, and there is a proof of death on file with the Registry
indicating that the birth mother has been deceased for at least 2
years, the Illinois Adoption Registry shall provide the adopted
or surrendered person with an Illinois Adoption Registry Release
Letter entitling him or her to receive unaltered copies of the
original certificate of live birth and, if applicable, the
judgment for adoption and other specified documents.
(3) If both the birth mother and birth father are named on
1530 JOURNAL OF THE [March 18, 1999]
the original certificate of live birth or, if applicable, the
judgment for adoption, and both birth parents have filed an
Information Release Authorization with the Registry, the Illinois
Adoption Registry shall provide the adopted or surrendered person
with an unaltered copy of his or her original certificate of live
birth and, if applicable, judgment for adoption or issue an
Illinois Adoption Registry Release Letter which entitles him or
her to receive unaltered copies of the original certificate of
live birth and, if applicable, the judgment for adoption and
other specified documents.
(4) If both the birth mother and birth father are named on
the original certificate of live birth or, if applicable, the
judgment for adoption, and only one of the birth parents has
filed an Information Release Authorization with the Registry, the
adopted or surrendered person may either:
(A) Request that the name of the birth parent who has
not filed an Information Release Authorization with the
Illinois Adoption Registry be deleted from any copies of the
original certificate of live birth and, if applicable, the
judgment for adoption and other specified documents issued
to the adopted or surrendered person and that this deletion
be specified on any Illinois Adoption Registry Release
Letter issued to the adopted or surrendered person; or
(B) Provide a proof of death for the birth parent who
has not filed an Information Release Authorization with the
Registry. Upon receipt of a proof of death indicating that
the nonconsenting birth parent has been deceased for at
least 2 years, the Illinois Adoption Registry shall provide
the adopted or surrendered person with an Illinois Adoption
Registry Release Letter entitling him or her to receive
unaltered copies of the original certificate of live birth
and, if applicable, the judgment for adoption and other
specified documents.
(5) If the biological relative who has been matched with an
adopted or surrendered person is not one of his or her birth
parents, the release of the adopted or surrendered person's
original certificate of live birth or, if applicable, judgment
for adoption and the issuance of his or her Illinois Adoption
Registry Release Letter shall be contingent upon the registrant
providing a proof of death or Information Release Authorization
for all birth parents named on the original certificate of live
birth or, if applicable, judgment for adoption, as specified in
subsections (1) through (4).
(750 ILCS 50/18.058 new)
Sec. 18.058. Registration fee. A $40 fee shall be charged for
registering with the Illinois Adoption Registry and Medical
Information Exchange. However this fee shall be waived for all adult
adopted or surrendered persons, adoptive parents, adoptive relatives,
legal guardians, birth parents, and birth relatives who complete Part
II of the Illinois Adoption Registry Application at the time of
registration, as well as for adoptive parents registering within 12
months of the finalization of the adoption. All persons who were
registered with the Illinois Adoption Registry prior to the effective
date of this amendatory Act of the 91st General Assembly and who wish
to update their registration may do so without charge.
(750 ILCS 50/18.059 new)
Sec. 18.059. Exemption from liability. No liability shall
accrue to the State, any agency or employee thereof, any private
agency, or any attorney for acts or efforts made within the scope of
this amendatory Act of the 91st General Assembly and pursuant to its
provisions.
HOUSE OF REPRESENTATIVES 1531
(750 ILCS 50/18.060 new)
Sec. 18.060. Effective date of entitlement. The effective date
of entitlement of any person to an Illinois Adoption Registry Release
Letter shall be March 1, 2000.
(750 ILCS 50/18.061 new)
Sec. 18.061. Illinois Adoption Registry and Medical Information
Exchange Fund. There is hereby created in the State treasury a
special fund to be known as the Illinois Adoption Registry and
Medical Information Exchange Fund. All fees collected by the
Illinois Adoption Registry under this amendatory Act of the 91st
General Assembly shall be deposited into the Fund. Subject to
appropriation, the amounts in the Fund shall be used by the
Department of Public Health to conduct activities related to
maintaining the Illinois Adoption Registry and Medical Information
Exchange and issuing any documents and forms related to this
amendatory Act of the 91st General Assembly.
(750 ILCS 50/18.062 new)
Sec. 18.062. Improper disclosure of identifying information.
All information submitted to the Registry is confidential and
gathered by the State solely for the purpose of facilitating the
exchange of updated medical data and contact information between
adopted and surrendered persons and other interested parties.
Information exchanged through the Registry shall not be admissible as
evidence nor discoverable in any action of any kind in any court or
before any tribunal, board, agency, or commission. Disclosure of
identifying information in violation of this Act shall be a Class C
misdemeanor.
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
Sec. 18.3a. Confidential intermediary.
(a) General purposes. Notwithstanding any other provision of
this Act, any adoptee over the age of 18 or any adoptive parent or
legal guardian of an adoptee under the age of 18 may petition the
court for appointment of a confidential intermediary as provided in
this Section for the purpose of obtaining from one or both biological
parents or a sibling or siblings of the adoptee information
concerning the background of a psychological or genetically-based
medical problem experienced or which may be expected to be
experienced in the future by the adoptee or obtaining assistance in
treating such a problem.
(b) Petition. The court shall appoint a confidential
intermediary for the purposes described in subsection (f) if the
petitioner shows the following:
(1) the adoptee is suffering or may be expected to suffer
in the future from a life-threatening or substantially
incapacitating physical illness of any nature, or a psychological
disturbance which is substantially incapacitating but not
life-threatening, or a mental illness which, in the opinion of a
physician licensed to practice medicine in all its branches, is
or could be genetically based to a significant degree;
(2) the treatment of the adoptee, in the opinion of a
physician licensed to practice medicine in all of its branches,
would be materially assisted by information obtainable from the
biological parents or might benefit from the provision of organs
or other bodily tissues, materials, or fluids by the biological
parents or other close biological relatives; and
(3) there is neither an Information Exchange Authorization
nor a Denial of Information Exchange filed in the Registry as
provided in Section 18.054 18.1.
The affidavit or testimony of the treating physician shall be
conclusive on the issue of the utility of contact with the biological
parents unless the court finds that the relationship between the
1532 JOURNAL OF THE [March 18, 1999]
illness to be treated and the alleged need for contact is totally
without foundation.
(c) Fees and expenses. The court shall condition the
appointment of the confidential intermediary on the payment of the
intermediary's fees and expenses in advance, unless the intermediary
waives the right to full advance payment or to any reimbursement at
all.
(d) Eligibility of intermediary. The court may appoint as
confidential intermediary either an employee of the Illinois
Department of Children and Family Services designated by the
Department to serve as such, any other person certified by the
Department as qualified to serve as a confidential intermediary, or
any employee of a licensed child welfare agency certified by the
agency as qualified to serve as a confidential intermediary.
(e) Access. Notwithstanding any other provision of law, the
confidential intermediary shall have access to all records of the
court or any agency, public or private, which relate to the adoption
or the identity and location of any biological parent.
(f) Purposes of contact. The confidential intermediary has only
the following powers and duties:
(1) To contact one or both biological parents, inform the
parent or parents of the basic medical problem of the adoptee and
the nature of the information or assistance sought from the
biological parent, and inform the parent or parents of the
following options:
(A) The biological parent may totally reject the
request for assistance or information, or both, and no
disclosure of identity or location shall be made to the
petitioner.
(B) The biological parent may file an Information
Exchange Authorization as provided in Section 18.054 18.1.
The confidential intermediary shall explain to the
biological parent the consequences of such a filing,
including that the biological parent's identity will be
available for discovery by the adoptee. If the biological
parent agrees to this option, the confidential intermediary
shall supply the parent with the appropriate forms, shall be
responsible for their immediate filing with the Registry,
and shall inform the petitioner of their filing.
(C) If the biological parent wishes to provide the
information or assistance sought but does not wish his or
her identity disclosed, the confidential intermediary shall
arrange for the disclosure of the information or the
provision of assistance in as confidential a manner as
possible so as to protect the privacy of the biological
parent and minimize the likelihood of disclosure of the
biological parent's identity.
(2) If a biological parent so desires, to arrange for a
confidential communication with the treating physician to discuss
the need for the requested information or assistance.
(3) If a biological parent agrees to provide the
information or assistance sought but wishes to maintain his or
her privacy, to arrange for the provision of the information or
assistance to the physician in as confidential a manner as
possible so as to protect the privacy of the biological parent
and minimize the likelihood of disclosure of the biological
parent's identity.
(g) Oath. The confidential intermediary shall sign an oath of
confidentiality substantially as follows:
"I, .........., being duly sworn, on oath depose and say:
As a condition of appointment as a confidential intermediary, I
HOUSE OF REPRESENTATIVES 1533
affirm that:
(1) I will not disclose to the petitioner, directly or
indirectly, any information about the identity or location of the
biological parent whose assistance is being sought for medical
reasons except in a manner consistent with the law.
(2) I recognize that violation of this oath subjects me to
civil liability and to being found in contempt of court.
................................
SUBSCRIBED AND SWORN to before me, a Notary Public, on
(insert date). this ..... day of .........., 19...
................................"
(h) Sanctions.
(1) Any confidential intermediary who improperly discloses
information identifying a biological parent shall be liable to
the biological parent for damages and may also be found in
contempt of court.
(2) Any physician or other person who learns a biological
parent's identity, directly or indirectly, through the use of
procedures provided in this Section and who improperly discloses
information identifying the biological parent shall be liable to
the biological parent for actual damages plus minimum punitive
damages of $10,000.
(i) Death of biological parent. Notwithstanding any other
provision of this Act, if the confidential intermediary discovers
that the person whose assistance is sought has died, he or she shall
report this fact to the court, along with a copy of the death
certificate if possible.
(Source: P.A. 86-1451; revised 10-20-98.)
(750 ILCS 50/18.1 rep.)
(750 ILCS 50/18.3 rep.)
(750 ILCS 50/18.5 rep.)
(750 ILCS 50/18.6 rep.)
Section 15. The Adoption Act is amended by repealing Sections
18.1, 18.3, 18.5, and 18.6.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
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 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 Cross, HOUSE BILL 649 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 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
1534 JOURNAL OF THE [March 18, 1999]
concurrence.
On motion of Representative Flowers, HOUSE BILL 189 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:
92, Yeas; 22, 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.
HOUSE BILLS ON SECOND READING
HOUSE BILL 1805. Having been recalled on March 11, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Moffitt offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 1805
AMENDMENT NO. 3. Amend House Bill 1805 as follows:
in Section 5-10, in the definition of "Auctioneer", by replacing "a
person or entity who, for a fee," with "a person or entity who, for
another, for a fee,"; and
in Section 10-1, after the caption, by inserting "(a)"; and
in Section 10-1, after paragraph (3), by inserting the following:
"(b) Nothing in this Act shall be construed to apply to a vehicle
dealer licensed by the Secretary of State of Illinois, or to any
employee of the licensee, who is a resident of the State of Illinois,
while the employee is acting in the regular scope of his or her
employment for the licensee, or to sales by or through the
licensee.".
The motion prevailed and the amendment was adopted and ordered
printed.
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 63. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Agriculture & Conservation, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 63
AMENDMENT NO. 1. Amend House Bill 63 by replacing the title with
the following:
"AN ACT in relation to real estate."; and
on page 2, by replacing lines 2 and 3 with the following:
"Section 900. The State Finance Act is amended by adding
Sections 5.490 and 8.36 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Airport Land Loan Revolving Fund.
HOUSE OF REPRESENTATIVES 1535
(30 ILCS 105/8.36 new)
Sec. 8.36. Airport Land Loan Revolving Fund. Appropriations for
loans to public airport authorities by the Department of
Transportation pursuant to Section 34b of the Illinois Aeronautics
Act shall be payable from the Airport Land Loan Revolving Fund.
Section 905. The Illinois Aeronautics Act is amended by adding
Section 34b as follows:
(620 ILCS 5/34b new)
Sec. 34b. Airport land loan revolving fund.
(a) The Department may make loans to public airport owners,
outside of the area of operation for the Northeastern Illinois
Metropolitan Area Planning Commission, for the purchase of any real
estate interests as may be needed for essential airport purposes,
including future needs. The loans are payable from the Airport Land
Loan Revolving Fund, subject to appropriation. All repayments of
loans made pursuant to this Section, including interest thereon and
penalties, shall be deposited in the Airport Land Loan Revolving
Fund. The Treasurer shall deposit all investment earnings arising
from balances in the Airport Land Loan Revolving Fund in that Fund.
(b) All loans under this Section shall be made by contract
between the Department and the public airport owner, which contract
shall include the following provisions:
(1) The annual rate of interest shall be 2 percent below
the Prime Rate charged by banks, as published by the Federal
Reserve, in effect at the time the Department approves the loan,
but in no event shall less than 2 percent be charged.
(2) The term of any loan shall not exceed five years, but
it may be for less by mutual agreement.
(3) Loan payments shall be scheduled in equal amounts for
the periods determined under paragraph (4) of this Section. The
loan payments shall be calculated so that the loan is completely
repaid, with interest, on outstanding balances, by the end of the
term determined under paragraph (2) of this Section. There shall
be no penalty for early payment ahead of the payment schedule.
(4) The period of loan payments shall be annual, unless by
mutual agreement a period of less than one year is chosen.
(5) The loan shall be secured with the land purchased, in
whole or in part, with the loan and considered as collateral.
The public airport owner shall assign a first priority interest
in the property to the State.
(6) If the loan payment is not made within 15 days after
the scheduled date determined under paragraph (3) of this
Section, a penalty of 10% of the payment shall be assessed. If
30 days after the scheduled payment date no payment has been
received, the loan shall be considered in default.
(7) As soon as a loan is considered in default, the
Department shall notify the public airport owner and attempt to
enter into a renegotiation of the loan payment amounts and
schedule determined under paragraph (3) of this Section. In no
case shall the term of the loan be extended beyond the initial
term determined under paragraph (2) of this Section; nor shall
the interest rate be lowered nor any interest be forgiven. If a
renegotiation of loan payment amounts and schedule is obtained to
the Department's satisfaction within 30 days of notification of
default, then the new payment schedule shall replace the one
determined by paragraph (3) of this Section and shall be used to
measure compliance with the loan for purposes of default. If
after 30 days of notification of default the Department has not
obtained a renegotiation to its satisfaction, the Department
shall declare the loan balance due and payable immediately. If
the public airport owner cannot immediately pay the balance of
1536 JOURNAL OF THE [March 18, 1999]
the loan, the Department shall proceed to foreclose.
(c) The Airport Land Loan Resolving Fund is created in the State
Treasury.
Section 999. Effective date. This Act takes effect upon
becoming law.".
Representative Franks offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 63
AMENDMENT NO. 2. Amend House Bill 63, AS AMENDED, with reference
to page and line numbers of House Amendment No. 1, on page 2, by
replacing lines 3 and 4 with the following: "owners, outside of the
counties of Lake, Cook, Will, Kane, and DuPage, for the".
The motion prevailed and the amendment was adopted and ordered
printed.
Representative Granberg offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 63
AMENDMENT NO. 3. Amend House Bill 63, AS AMENDED, by replacing
Sections 900, 905, and 999 with the following:
"Section 900. The State Finance Act is amended by adding
Sections 5.490 and 8.36 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Airport Land Loan Revolving Fund.
(30 ILCS 105/8.36 new)
Sec. 8.36. Airport Land Loan Revolving Fund. Appropriations for
loans to units of local government or public airport authorities that
currently operate an airport and are in existence as of January 1,
1999 by the Department of Transportation pursuant to Section 34b of
the Illinois Aeronautics Act shall be payable from the Airport Land
Loan Revolving Fund.
Section 905. The Illinois Aeronautics Act is amended by adding
Section 34b as follows:
(620 ILCS 5/34b new)
Sec. 34b. Airport land loan revolving fund.
(a) The Department may make loans to units of local government
or public airport authorities who currently operate an airport and
are in existence as of January 1, 1999 for the purchase of any real
estate interests within a radius of one-half mile to an existing
airport as may be needed for essential airport purposes, including
future needs. The loans are payable from the Airport Land Loan
Revolving Fund, subject to appropriation. All repayments of loans
made pursuant to this Section, including interest thereon and
penalties, shall be deposited in the Airport Land Loan Revolving
Fund. The Treasurer shall deposit all investment earnings arising
from balances in the Airport Land Loan Revolving Fund in that Fund.
(b) All loans under this Section shall be made by contract
between the Department and the unit of local government or the public
airport authority, which contract shall include the following
provisions:
(1) The annual rate of interest shall be 2 percent below
the Prime Rate charged by banks, as published by the Federal
HOUSE OF REPRESENTATIVES 1537
Reserve, in effect at the time the Department approves the loan,
but in no event shall less than 2 percent be charged.
(2) The term of any loan shall not exceed five years.
(3) Loan payments shall be scheduled in equal amounts for
the periods determined under paragraph (4) of this Section. The
loan payments shall be calculated so that the loan is completely
repaid, with interest, on outstanding balances, by the end of the
term determined under paragraph (2) of this Section. There shall
be no penalty for prepayment of the loan.
(4) The period of loan payments shall be annual, unless by
mutual agreement a period of less than one year is chosen.
(5) The loan shall be secured with the land purchased, in
whole or in part. The unit of local government or public airport
authority shall assign a first priority lien in the property to
the State.
(6) If the loan payment is not made within 15 days after
the scheduled date determined under paragraph (3) of this
Section, a penalty of 10% of the payment shall be assessed. If
30 days after the scheduled payment date no payment has been
received, the loan shall be considered in default.
(7) As soon as a loan is considered in default, the
Department shall notify the unit of local government or the
public airport authority and attempt to enter into a
renegotiation of the loan payment amounts and schedule determined
under paragraph (3) of this Section. In no case shall the term
of the loan be extended beyond the initial term determined under
paragraph (2) of this Section; nor shall the interest rate be
lowered nor any interest be forgiven. If a renegotiation of loan
payment amounts and schedule is obtained to the Department's
satisfaction within 30 days of notification of default, then the
new payment schedule shall replace the one determined by
paragraph (3) of this Section and shall be used to measure
compliance with the loan for purposes of default. If after 30
days of notification of default the Department has not obtained a
renegotiation to its satisfaction, the Department shall declare
the loan balance due and payable immediately. If the unit of
local government or the public airport authority cannot
immediately pay the balance of the loan, the Department shall
proceed to foreclose.
(c) The Airport Land Loan Resolving Fund is created in the State
Treasury.
Section 999. Effective date. This Act takes effect upon
becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment
numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended,
was again advanced to the order of Third Reading.
HOUSE BILL 112. Having been recalled on March 11, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Steve Davis offered the following amendment and
moved its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 112
AMENDMENT NO. 2. Amend House Bill 112, AS AMENDED, with
reference to the page and line numbers of House Amendment No. 1, on
1538 JOURNAL OF THE [March 18, 1999]
page 2, line 2, by inserting after "corporation" the following:
"who distributes fireworks for sale in the State of Illinois"; and
on page 2, line 3, by replacing ""Pyrotechnic operator"" with ""Lead
pyrotechnic operator" or "pyrotechnic operator""; and
on page 4, line 15, by changing "January 1, 2001" to "December 1,
1999"; and
on page 5, line 6, by changing "January 1, 2001" to "July 1, 2000";
and
on page 5, by deleting line 18; and
on page 5, line 19, by changing "(4)" to "(3)"; and
on page 5, line 20, by changing "(5)" to "(4)"; and
on page 5, line 23, by changing "(6)" to "(5)"; and
on page 5, by replacing lines 26 and 27 with the following:
"(c) After July 1, 2000, no individual may act as a lead
operator in a pyrotechnics display without"; and
on page 5, by inserting below line 34 the following:
"(d) After July 1, 2000, no individual may assist a lead pyrotechnic
operator in conducting a pyrotechnic display without having been
certified to do so. To obtain such certification, an individual must
successfully complete a State Fire Marshal approved in-house training
program with a licensed displayer. This certification shall be kept
on file with the Office of the State Fire Marshal."; and
on page 14, by replacing line 30 with the following:
"business offense punishable by a fine not to exceed $5,000; a"; and
on page 15, line 1, by replacing "$5,000" with $10,000"; and
on page 19, line 22, by replacing "(Source: P.A. 86-1028.)" with the
following:
"(Source: P.A. 86-1028.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 60. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Agriculture & Conservation, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 60
AMENDMENT NO. 1. Amend House Bill 60 on page 7, line 32, by
replacing "agricultural areas." with "agricultural conservation
practices."; and
on page 8, line 2, by replacing "agreements" with "conservation
practices"; and
on page 9, by replacing lines 28 through 31 with the following:
"The owners of land within the agricultural area may not be
subjected to a civil action for nuisance by a private party. The
Department of Agriculture may give technical assistance and provide
other resources for owners of land within an agricultural area if
subjected to any other private civil action. Nothing in this Act
shall be construed as a limitation or preemption of any statutory or
regulatory authority arising under subsection (a) of Section 9 of the
Environmental Protection Act."; and
on page 10, by deleting lines 31 and 32; and
HOUSE OF REPRESENTATIVES 1539
on page 11, by deleting lines 1 through 34; and
on page 12, by deleting lines 1 through 33; and
on page 13, by deleting lines 1 through 33; and
on page 14, by deleting lines 1 through 31.
Representative Winters offered the following amendments and moved
their adoption:
AMENDMENT NO. 2 TO HOUSE BILL 60
AMENDMENT NO. 2. Amend House Bill 60, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Agricultural Areas Conservation and
Protection Act."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Agricultural Areas Conservation and Protection
Act is amended by changing Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
16, 17, 18, and 20.2 and adding Section 11.5 as follows:
(505 ILCS 5/4) (from Ch. 5, par. 1004)
Sec. 4. Agricultural areas committee.
(a) A county board may establish a county agricultural areas
committee that which shall consist of (i) 4 four active farmers, no
more than 2 two of whom may shall be of the same major political
party, and (ii) a member of the county board.
(1) The committee shall select one of its members to serve
as chairperson chairman of the county committee.
(2) The Such a committee shall be established whenever a
petition is received by the county board for the creation of an
agricultural area under pursuant to Section 6. A, provided that
no such county committee may not be established if one has
already been established for the such county.
(3) Members of the such county committee shall be appointed
by and shall serve at the pleasure of the county appointing
authority.
(4) The members shall serve without salary, but the county
board may entitle each such member to reimbursement for his
actual necessary expenses incurred in the performance of his
official duties.
(b) The Such committee shall advise the county board in relation
to the proposed establishment, modification, and termination of
agricultural areas. The county committee shall render expert advice
relating to the desirability of such action, including advice as to
the nature of farming and farm resources within the proposed area and
the relation of farming in the such area to the county as a whole.
(Source: P.A. 81-1173.)
(505 ILCS 5/5) (from Ch. 5, par. 1005)
Sec. 5. Agricultural areas; creation. Any owner or owners of
land may submit a proposal to the county board for the creation of an
agricultural area within the such county according to the following
provisions:.
(1) An agricultural area, at the creation of the any such
area, shall not be at least less than 350 acres.
(2) The Such proposal shall include a description of the
proposed area, including its the boundaries thereof.
(3) The Such territory shall be as compact and nearly
contiguous as feasible.
(4) An area created under this Act shall be established for
a period of 10 ten years.
(5) No land shall be included in an agricultural area
without the consent of the owner.
1540 JOURNAL OF THE [March 18, 1999]
(6) No land within an agricultural area shall be used for
other than agricultural production as described in Sections 3.01
and 3.02 of this Act.
(7) Agreements for the extraction of mineral resources duly
agreed upon before prior to the creation of an agricultural area
shall be exempted from the use provisions of this Section. In
addition, the extraction of mineral resources conducted under
pursuant to the Surface Coal Mining Land Conservation and
Reclamation Act shall be considered temporary land use and shall
be exempted from the use provisions of this Section.
(Source: P.A. 84-456.)
(505 ILCS 5/6) (from Ch. 5, par. 1006)
Sec. 6. Duties of the county board.
(a) Upon the receipt of such a proposal to create an agricultural
area, the county board shall provide notice of the such proposal (i)
by publishing a notice in a newspaper having general circulation
within the proposed area or, if no such newspaper has a general
circulation within the proposed area then in a newspaper having
general circulation within the county and (ii) by posting the such
notice in 5 five conspicuous places within the proposed area. A copy
of the such notice shall be sent to the county or regional planning
commission for review or comment to be made to the county board
within 30 days. Such comment shall be made to the county board.
The notice required to be published or posted under this Section
shall contain the following information:.
(1) 1. A statement that a proposal for an agricultural area
has been filed with the county board under pursuant to this Act.;
(2) 2. A statement that the proposal will be on file open
to public inspection at the county clerk's office.;
(3) 3. A statement that any landowner, owning land adjacent
to or partially encompassed by the proposed area, may propose a
modification of the area to include or exclude such lands, within
30 days of the date of publication of notice. The Such
application shall be made on forms prescribed by the county
board.;
(4) 4. A statement that any proposed modification must be
filed with the county clerk and the clerk of the county board
within 30 days after the publication of the such notice.;
(5) 5. A statement that at the termination of the 30 day
period, the proposal and proposed modifications will be submitted
to the county committee, and that a public hearing will be held
on the proposal, proposed modifications, and recommendations of
the county committee.
(b) The county board shall receive any proposals for
modifications of the such proposal that which may be submitted by the
landowners within 30 days after the publication of the such notice.
(c) The county board shall simultaneously, upon the termination
of the such 30 day period, refer the such proposal and proposed
modifications to the county committee that, which shall, within 45
days, report to the county board its recommendations concerning the
proposal and proposed modifications.
(Source: P.A. 81-1173.)
(505 ILCS 5/7) (from Ch. 5, par. 1007)
Sec. 7. Public hearing required.
(a) The Agricultural Areas Committee of the county board shall
hold a public hearing on any proposal for the creation of an
agricultural area. The Such hearing shall be held at a place within
the proposed area or a place readily accessible to the proposed area.
(b) Notice of the hearing shall contain (i) a statement of the
time, date, and place of the public hearing and (ii) a description of
the proposed area and any proposed additions.
HOUSE OF REPRESENTATIVES 1541
The Such notice shall in addition contain a statement that the
public hearing will be he held concerning (i) the original proposal,
(ii) any written amendments proposed during the 30 day review period,
and (iii) any recommendations proposed by the county committee or the
planning commissions.
The notice shall (i) be published in a newspaper having a general
circulation within the proposed area or if no newspaper has general
circulation within the proposed area, then in a newspaper having
general circulation within the county, and (ii) shall be given in
writing to the persons owning land within such a proposed area and
adjacent to the proposed area.
(Source: P.A. 81-1173.)
(505 ILCS 5/8) (from Ch. 5, par. 1008)
Sec. 8. Factors for Consideration in formation of agricultural
areas.
(a) County boards, county committees, and planning commissions
shall grant a preference to the recommendations of the landowners
within the proposed agricultural area. The following factors should
also be considered by county boards, county committees, or planning
commissions, with respect to the formation of any agricultural area:
(1) 1. The viability of active farming within the proposed
area and in areas adjacent to the proposed area. thereto;
(2) 2. The presence of any viable farmlands within the
proposed area and within land adjacent to the proposed area
thereto that are not now in active farming.;
(3) 3. The nature and extent of land uses other than active
farming within the proposed area and land adjacent to the
proposed area. thereto;
(4) 4. County developmental patterns and needs.;
(5) 5. The existence of a conservation plan approved by the
local soil and water conservation district.; and
(6) 6. Any other matter that which may be relevant.
(b) In judging viability, any relevant agricultural information
shall be considered, including:
(1) Soil.,
(2) Climate.,
(3) Topography.,
(4) Other natural factors.,
(5) Markets for farm products.,
(6) The extent and nature of farm improvements.,
(7) The present status of farming.,
(8) Anticipated trends in agricultural economic conditions
and technology., and such
(9) Other factors as may be relevant.
(Source: P.A. 84-456.)
(505 ILCS 5/9) (from Ch. 5, par. 1009)
Sec. 9. Municipal notice and objections.
(a) If the proposed agricultural area includes real estate
within a 1 and one-half 1/2 mile radius from the corporate limits of
any municipality, the county board shall notify the municipal
authorities of the such affected municipality of this proposed area.
(b) The Such municipal authorities may object to the proposal if
the such objection is presented to the county board within 30 days of
the receipt of the proposal by the municipal authorities.
Upon receipt of the such objection by the county board, the
proposed area shall be modified to exclude the real estate within the
1 and one-half 1/2 mile radius of the corporate limits of the such
municipality, unless the property in question is approved for
inclusion in the agricultural area by a favorable vote of
three-fourths of all members of the county board. In counties where
the county board consists of 3 members, only a two-thirds vote is
1542 JOURNAL OF THE [March 18, 1999]
required. If no objection is received within the specified time
period, the affected real estate shall be included in the
agricultural area.
(Source: P.A. 81-1173.)
(505 ILCS 5/10) (from Ch. 5, par. 1010)
Sec. 10. Adoption of plan by county board. The county board,
After receiving the reports of the county committee and other
comments, and after the such public hearing, the county board may
adopt as a plan the proposal or any modification of the proposal it
deems appropriate. The proposal may include, including the
inclusion, to the extent feasible, of adjacent viable farmlands, and
may exclude the exclusion, to the extent feasible, of non-viable
farmland and non-farm land. The county board shall act to adopt or
reject the proposal, or any modification of it not later than 45 days
from the date that the county committee's recommendation on the
proposal was submitted to it. The county board shall notify the
Department of Agriculture of the adoption or rejection of the
proposal and shall provide the Department with a description of the
agricultural area within 45 days of taking the such action.
(Source: P.A. 84-456.)
(505 ILCS 5/11) (from Ch. 5, par. 1011)
Sec. 11. Filing Requirement that description of area Agricultural
Areas be filed with county clerk and recorder. Upon the creation or
alteration of an agricultural area, the county board must file the
description and the accompanying board resolution or ordinance:
thereof shall be filed by the county board
(1) With the county clerk.
(2) Such description shall also be placed On record in the
office of the recorder.
(Source: P.A. 84-456.)
(505 ILCS 5/11.5 new)
Sec. 11.5. Stewardship agreements. The Department of
Agriculture may enter into agreements with any federal or State
agency, other entity, or with any landowner within an agricultural
area or proposed agricultural area as may be necessary to furnish
surveys, engineering, and assistance for the formation, expansion,
maintenance, or renewal of agricultural conservation practices. The
Department of Agriculture must develop, by rule, an incentive program
for land stewardship that pays up to 75% of the costs of these
conservation practices for land that is designated or proposed to be
designated as an agricultural area.
(505 ILCS 5/12) (from Ch. 5, par. 1012)
Sec. 12. Petition for Withdrawal. Any person owning land within
an agricultural area may submit a petition to the county board
requesting the withdrawal of land from the agricultural area located
within that county. Such petition must contain:
1. A statement indicating the proposed alternative use of the
land.
2. An explanation of the necessity for changing the current use.
3. An explanation why land outside the agricultural area would
not be suitable for proposed use.
(Source: P.A. 81-1173.)
(505 ILCS 5/13) (from Ch. 5, par. 1013)
Sec. 13. Procedures for Consideration of Petition for Withdrawal.
1. Within 5 days after the receipt of a petition for withdrawal
of land from an agricultural area, the county board shall provide
notice of such petition by certified mail to all record owners of
property in the agricultural area and by publishing a notice in a
newspaper having general circulation in the immediate area of the
affected land or, if no such newspaper has a general circulation
within such area, then in a newspaper having general circulation
HOUSE OF REPRESENTATIVES 1543
within the county, and by posting such notice in 5 conspicuous places
within the immediate area of the affected land. Such notice shall
contain the following information:
(a) a statement that a petition for withdrawal of land from
an agricultural area has been filed with the county board
pursuant to this Act;
(b) a statement that the petition will be on file open to
public inspection at the county clerk's office;
(c) a brief, narrative description of the location of the
affected land;
(d) a statement of the proposed non-agricultural use of the
land;
(e) a statement that the petition will be referred to the
county committee and to the regional and county planning
commissions, if any, for review and comment;
(f) a statement that a public hearing will be held within
60 days on the petition and on the recommendations of the county
committee and of the regional and county planning commissions, if
any, at a time and place to be announced.
2. Within 5 days after the receipt of a petition for withdrawal
of land from an agricultural area, the county board shall refer the
petition to the county committee, which shall, within 30 days of its
receipt of the petition, report to the county board its
recommendations.
3. Within 5 days after the receipt of a petition for withdrawal
of land from an agricultural area, the county board shall refer the
petition to the regional and county planning commissions, if any,
which shall, within 30 days of their receipt of the petition, report
to the county board their recommendations concerning the potential
effect of the withdrawal of land from an agricultural area upon the
development patterns and needs of the county and upon the county's
planning objectives.
(Source: P.A. 81-1173.)
(505 ILCS 5/16) (from Ch. 5, par. 1016)
Sec. 16. Review of agricultural areas by county board. The
county board shall review any agricultural area created under this
Act every 10 years after the date of its creation and every 8 years
thereafter. In conducting the such review, the county board shall:
(1) Grant a preference to the recommendations of the
landowners in the agricultural area.
(2) Ask for the recommendations of the county committee.,
and shall,
(3) At least 120 days before the 10-year prior to such
date, require the Agricultural Areas Committee to hold a public
hearing at a place within the area or other readily accessible
place. The Committee must give (i) upon notice being given in a
newspaper having general circulation within the area or if there
is no such newspaper, then in a newspaper having general
circulation within the county, and (ii) individual notice in
writing to the persons owning land within the area, to the
persons owning land adjacent to the area, and to the county or
regional planning commission.
Included in the notice to the landowners owning land in the
agricultural area shall be a statement that, by submitting a letter
to the agricultural areas committee at or prior to the public
hearing, any landowner of land within the agricultural area may
request that his or her land be removed from the agricultural area to
be reviewed. The letter must contain:
(1) a request to remove land from the agricultural area;
(2) an affidavit that the author is the landowner of the
land proposed for removal from the agricultural area; and
1544 JOURNAL OF THE [March 18, 1999]
(3) a legal description, map, and acres proposed for
removal from the agricultural area.
The land described in the letter shall no longer be included in the
agricultural area.
The county board After receiving the landowners' recommendations
and the reports of the county committee and after the public hearing,
the county board may (i) terminate the area at the end of a such 10
or 8 year period periods by filing a notice of termination with the
county clerk, (ii) decide not to take any action, or (iii) the county
board may modify the area in the same manner as is provided in
Section 6 of this Act. If the county board does not act, the area
shall continue as originally constituted. The county board shall
notify the Department of Agriculture of any alterations to an
agricultural area or the termination of an agricultural area within
45 days of taking the such action.
(Source: P.A. 84-456.)
(505 ILCS 5/17) (from Ch. 5, par. 1017)
Sec. 17. Petition for dissolution. Ten years after the date of
creation of any agricultural area and every 10 years thereafter,
owners of land within the such area may petition the county board to
dissolve the area. The Such petition must be submitted in writing to
the county board during the year 120 day period immediately prior to
the 10th anniversary of the creation of the area. If Should the
petition contains contain signatures of at least two-thirds of the
landowners, their heirs, assigns or representatives, owning at least
two-thirds of the land within the area, the area shall be dissolved.
The county board shall notify the Department of Agriculture of the
dissolution of any agricultural area within 45 days of taking the
such action.
(Source: P.A. 84-456.)
(505 ILCS 5/18) (from Ch. 5, par. 1018)
Sec. 18. Limitation on local regulations and on suits. No local
government shall exercise any of its powers to enact local laws or
ordinances within an agricultural area in a manner that which would
unreasonably restrict or regulate farm structures or farming
practices, including the acquisition of land by annexation or eminent
domain, in contravention of the purposes of this Act.
The owners of land within the agricultural area may not be
subjected to a civil action for nuisance by a private party. The
Department of Agriculture may give technical assistance and provide
other resources for owners of land within an agricultural area if
subjected to any other private civil action. Nothing in this Act
shall be construed as a limitation or preemption of any statutory or
regulatory authority arising under subsection (a) of Section 9 of the
Environmental Protection Act.
The unless such restrictions or regulations may be adopted and
the nuisance suits may be allowed if bearing bear a direct
relationship to the public health or safety.
(Source: P.A. 81-1173.)
(505 ILCS 5/20.2) (from Ch. 5, par. 1020.2)
Sec. 20.2. Adding land to designated agricultural areas. Any
petition proposal for adding land to a designated agricultural area
shall be subject to the same procedures for creating a new
agricultural area as specified in Sections 5 through 10 of this Act.
No minimum acreage shall be required for adding land to an
agricultural area be submitted to the county board which shall
forward the proposal to the county committee within 10 days. Within
45 days from the date the proposal was submitted to it, the county
committee shall review the proposed addition and shall recommend the
approval, disapproval or modification of the proposal. The county
committee shall submit a report of its recommendations to the county
HOUSE OF REPRESENTATIVES 1545
board which shall act on the recommendations within 30 days. The
county board shall notify the Department of Agriculture of any
addition of land to a designated agricultural area within 45 days of
taking such action. Any land added to a designated agricultural area
under this Section shall be subject to review under Section 16 at the
same times as the original area is subject to such review. The dates
for such review and the period during which a petition may be filed
under Section 17 shall not be affected by the addition of land under
this Section.
(Source: P.A. 84-456.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 3 TO HOUSE BILL 60
AMENDMENT NO. 3. Amend House Bill 60, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Agricultural Areas Conservation and
Protection Act."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Agricultural Areas Conservation and Protection
Act is amended by changing Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
16, 17, 18, and 20.2 and adding Section 11.5 as follows:
(505 ILCS 5/4) (from Ch. 5, par. 1004)
Sec. 4. Agricultural areas committee.
(a) A county board shall may establish a county agricultural
areas committee that which shall consist of (i) 4 four active
farmers, no more than 2 two of whom shall be of the same major
political party, and (ii) a member of the county board.
(1) The committee shall select one of its members to serve
as chairperson chairman of the county committee.
(2) The Such a committee shall be established whenever a
petition is received by the county board for the creation of an
agricultural area under pursuant to Section 6. A, provided that
no such county committee may not be established if one has
already been established for the such county.
(3) Members of the such county committee shall be appointed
by and shall serve at the pleasure of the county appointing
authority.
(4) The members shall serve without salary, but the county
board may entitle each such member to reimbursement for his
actual necessary expenses incurred in the performance of his
official duties.
(b) The Such committee shall advise the county board in relation
to the proposed establishment, modification, and termination of
agricultural areas. The county committee shall render expert advice
relating to the desirability of such action, including advice as to
the nature of farming and farm resources within the proposed area and
the relation of farming in the such area to the county as a whole.
(Source: P.A. 81-1173.)
(505 ILCS 5/5) (from Ch. 5, par. 1005)
Sec. 5. Agricultural areas; creation. Any owner or owners of
land may submit a petition proposal to the county board for the
creation of an agricultural area within the such county according to
the following provisions:.
(1) An agricultural area, at the creation of the any such
area, shall not be at least less than 350 acres.
(2) The petition Such proposal shall include a description
of the proposed area, including its the boundaries thereof.
(3) The Such territory shall be as compact and nearly
contiguous as feasible.
1546 JOURNAL OF THE [March 18, 1999]
(4) An area created under this Act shall be established for
a period of 10 ten years.
(5) No land shall be included in an agricultural area
without the consent of the owner.
(6) No land within an agricultural area shall be used for
other than agricultural production as described in Sections 3.01
and 3.02 of this Act.
(7) Agreements for the extraction of mineral resources duly
agreed upon before prior to the creation of an agricultural area
shall be exempted from the use provisions of this Section. In
addition, the extraction of mineral resources conducted under
pursuant to the Surface Coal Mining Land Conservation and
Reclamation Act shall be considered temporary land use and shall
be exempted from the use provisions of this Section.
(Source: P.A. 84-456.)
(505 ILCS 5/6) (from Ch. 5, par. 1006)
Sec. 6. Duties of the county board.
(a) Within 10 days after receiving Upon the receipt of such a
petition to create an agricultural area proposal, the county board
shall provide notice of the petition (i) such proposal by publishing
a notice in a newspaper having general circulation within the
proposed area or, if no such newspaper has a general circulation
within the proposed area then in a newspaper having general
circulation within the county and (ii) by posting the such notice in
5 five conspicuous places within the proposed area. A copy of the
such notice shall be sent to the county or regional planning
commission for review or written comment to be made to the county
board within 30 days. Such comment shall be made to the county board.
The notice required to be published or posted under this Section
shall contain the following information:.
(1) 1. A statement that a petition proposal for an
agricultural area has been filed with the county board under
pursuant to this Act.;
(2) 2. A statement that the petition proposal will be on
file open to public inspection at the county clerk's office.;
(3) 3. A statement that any landowner, owning land adjacent
to or partially encompassed by the proposed area, may propose a
modification of the area to include or exclude such lands, within
30 days of the date of publication of the newspaper notice. The
proposed modification Such application shall be made on forms
prescribed by the county board.;
(4) 4. A statement that any proposed modification must be
filed with the county clerk and the clerk of the county board
within 30 days after the publication of the newspaper such
notice.;
(5) 5. A statement that at the termination of the 30 day
period, the petition proposal and proposed modifications will be
submitted to the county committee, and that a public hearing will
be held on the petition proposal, proposed modifications, and
recommendations of the county committee.
(b) The county board shall receive any petitions proposals for
modifications of the petition that such proposal which may be
submitted by the landowners within 30 days after the publication of
the such notice.
(c) The county board shall simultaneously, upon the termination
of the such 30 day period, refer the petition such proposal and
proposed modifications to the county committee that, which shall,
within 45 days, report to the county board its recommendations
concerning the petition proposal and proposed modifications.
(Source: P.A. 81-1173.)
(505 ILCS 5/7) (from Ch. 5, par. 1007)
HOUSE OF REPRESENTATIVES 1547
Sec. 7. Public hearing required.
(a) The Agricultural Areas Committee of the county board shall
hold a public hearing on any petition proposal for the creation of an
agricultural area. The Such hearing shall be held at a place within
the proposed area or a place readily accessible to the proposed area.
(b) Notice of the hearing shall contain (i) a statement of the
time, date, and place of the public hearing and (ii) a description of
the proposed area and any proposed additions.
The Such notice shall in addition contain a statement that the
public hearing will be he held concerning (i) the original petition
proposal, (ii) any written modifications amendments proposed during
the 30 day review period, and (iii) any recommendations proposed by
the county committee or the planning commissions.
The notice shall (i) be published in a newspaper having a general
circulation within the proposed area or if no newspaper has general
circulation within the proposed area, then in a newspaper having
general circulation within the county, and (ii) shall be given in
writing to the persons owning land within such a proposed area and
adjacent to the proposed area.
(Source: P.A. 81-1173; revised 12-23-98.)
(505 ILCS 5/8) (from Ch. 5, par. 1008)
Sec. 8. Factors for Consideration in formation of agricultural
areas.
(a) County boards, county committees, and planning commissions
shall grant a preference to the recommendations of the landowners
within the proposed agricultural area. The following factors should
also be considered by county boards, county committees, or planning
commissions, with respect to the formation of any agricultural area:
(1) 1. The viability of active farming within the proposed
area and in areas adjacent to the proposed area. thereto;
(2) 2. The presence of any viable farmlands within the
proposed area and within land adjacent to the proposed area
thereto that are not now in active farming.;
(3) 3. The nature and extent of land uses other than active
farming within the proposed area and land adjacent to the
proposed area. thereto;
(4) 4. County developmental patterns, plans, and needs.;
(5) 5. The existence of a conservation plan approved by the
local soil and water conservation district.; and
(6) 6. Any other matter that which may be relevant.
(b) In judging viability, any relevant agricultural information
shall be considered, including:
(1) Soil.,
(2) Climate.,
(3) Topography.,
(4) Other natural factors.,
(5) Markets for farm products.,
(6) The extent and nature of farm improvements.,
(7) The present status of farming.,
(8) Anticipated trends in agricultural economic conditions
and technology., and such
(9) Other factors as may be relevant.
(Source: P.A. 84-456.)
(505 ILCS 5/9) (from Ch. 5, par. 1009)
Sec. 9. Municipal notice and objections.
(a) If the proposed agricultural area includes real estate
within a 1 and one-half 1/2 mile radius from the corporate limits of
any municipality, the county board shall notify the municipal
authorities of the such affected municipality of this proposed area.
(b) The Such municipal authorities may object to the petition
proposal if the such objection is presented to the county board
1548 JOURNAL OF THE [March 18, 1999]
within 30 days of the receipt of the petition proposal by the
municipal authorities.
Upon receipt of the such objection by the county board, the
proposed area shall be modified to exclude the real estate within the
1 and one-half 1/2 mile radius of the corporate limits of the such
municipality, unless the property in question is approved for
inclusion in the agricultural area by a favorable vote of
three-fourths of all members of the county board. In counties where
the county board consists of 3 members, only a two-thirds vote is
required. If no objection is received within the specified time
period, the affected real estate shall be included in the
agricultural area.
(Source: P.A. 81-1173.)
(505 ILCS 5/10) (from Ch. 5, par. 1010)
Sec. 10. Adoption of petition plan by county board. The county
board, After receiving the reports of the county committee and other
comments, and after the such public hearing, the county board may
adopt as a plan the petition proposal or any modification of the
petition proposal it deems appropriate, including the inclusion, to
the extent feasible, of adjacent viable farmlands, and may exclude
the exclusion, to the extent feasible, of non-viable farmland and
non-farm land. The county board shall act to adopt or reject the
petition proposal, or any modification of it not later than 45 days
from the date that the county committee's recommendation on the
petition proposal was submitted to it. The county board shall notify
the Department of Agriculture of the adoption or rejection of the
petition proposal and shall provide the Department with a description
of the agricultural area within 45 days of taking the such action.
(Source: P.A. 84-456.)
(505 ILCS 5/11) (from Ch. 5, par. 1011)
Sec. 11. Filing Requirement that description of area Agricultural
Areas be filed with county clerk and recorder. Upon the creation or
alteration of an agricultural area, the county board must file the
description and the accompanying board resolution or ordinance:
thereof shall be filed by the county board
(1) With the county clerk.
(2) Such description shall also be placed On record in the
office of the recorder.
(Source: P.A. 84-456.)
(505 ILCS 5/11.5 new)
Sec. 11.5. Stewardship agreements. The Department of
Agriculture may enter into agreements with any federal or State
agency, other entity, or with any landowner within an agricultural
area or proposed agricultural area as may be necessary to furnish
surveys, engineering, and assistance for the formation, expansion,
maintenance, or renewal of agricultural conservation practices. The
Department of Agriculture shall develop, by rule, an incentive
program for land stewardship that pays up to 75% of the costs of
these conservation practices for land that is designated or proposed
to be designated as an agricultural area.
(505 ILCS 5/12) (from Ch. 5, par. 1012)
Sec. 12. Petition for Withdrawal. Any person owning land within
an agricultural area may submit a petition to the county board
requesting the withdrawal of land from the agricultural area located
within that county. Such petition must contain:
1. A statement indicating the proposed alternative use of the
land.
2. An explanation of the necessity for changing the current use.
3. An explanation why land outside the agricultural area would
not be suitable for proposed use.
4. A legal description, map, and acreage of the land proposed
HOUSE OF REPRESENTATIVES 1549
for withdrawal.
(Source: P.A. 81-1173.)
(505 ILCS 5/13) (from Ch. 5, par. 1013)
Sec. 13. Procedures for Consideration of Petition for Withdrawal.
1. Within 5 days after the receipt of a petition for withdrawal
of land from an agricultural area, the county board shall provide
notice of such petition by certified mail to all record owners of
property in the agricultural area and by publishing a notice in a
newspaper having general circulation in the immediate area of the
affected land or, if no such newspaper has a general circulation
within such area, then in a newspaper having general circulation
within the county, and by posting such notice in 5 conspicuous places
within the immediate area of the affected land. Such notice shall
contain the following information:
(a) a statement that a petition for withdrawal of land from
an agricultural area has been filed with the county board
pursuant to this Act;
(b) a statement that the petition will be on file open to
public inspection at the county clerk's office;
(c) a brief, narrative description of the location of the
affected land;
(d) a statement of the proposed non-agricultural use of the
land;
(e) a statement that the petition will be referred to the
county committee and to the regional and county planning
commissions, if any, for review and comment;
(f) a statement that a public hearing will be held within
60 days on the petition and on the recommendations of the county
committee and of the regional and county planning commissions, if
any, at a time and place to be announced.
2. Within 5 days after the receipt of a petition for withdrawal
of land from an agricultural area, the county board shall refer the
petition to the county committee, which shall, within 30 days of its
receipt of the petition, report to the county board its
recommendations.
3. Within 5 days after the receipt of a petition for withdrawal
of land from an agricultural area, the county board shall refer the
petition to the regional and county planning commissions, if any,
which shall, within 30 days of their receipt of the petition, report
to the county board their recommendations concerning the potential
effect of the withdrawal of land from an agricultural area upon the
development patterns and needs of the county and upon the county's
planning objectives.
(Source: P.A. 81-1173.)
(505 ILCS 5/16) (from Ch. 5, par. 1016)
Sec. 16. Review of agricultural areas by county board. The
county board shall review any agricultural area created under this
Act every 10 years after the date of its creation and every 8 years
thereafter. In conducting the such review, the county board shall:
(1) Grant a preference to the recommendations of the
landowners in the agricultural area.
(2) Ask for the recommendations of the county committee.,
and shall,
(3) At least 120 days before the 10-year prior to such
date, require the Agricultural Areas Committee to hold a public
hearing at a place within the area or other readily accessible
place. The Committee must give (i) upon notice being given in a
newspaper having general circulation within the area or if there
is no such newspaper, then in a newspaper having general
circulation within the county, and (ii) individual notice in
writing to the persons owning land within the area, to the
1550 JOURNAL OF THE [March 18, 1999]
persons owning land adjacent to the area, and to the county or
regional planning commission.
Included in the notice to the landowners owning land in the
agricultural area shall be a statement that, by submitting a letter
to the agricultural areas committee at or prior to the public
hearing, any landowner of land within the agricultural area may
request that his or her land be removed from the agricultural area to
be reviewed. The letter must contain:
(1) a request to remove land from the agricultural area;
(2) an affidavit that the author is the landowner of the
land proposed for removal from the agricultural area; and
(3) a legal description, map, and acres proposed for
removal from the agricultural area.
The land described in the letter shall no longer be included in the
agricultural area.
The county board After receiving the landowners' recommendations
and the reports of the county committee and after the public hearing,
the county board may (i) terminate the area at the end of a such 10
or 8 year period periods by filing a notice of termination with the
county clerk, (ii) decide not to take any action, or (iii) the county
board may modify the area in the same manner as is provided in
Section 6 of this Act. If the county board does not act, the area
shall continue as originally constituted. The county board shall
notify the Department of Agriculture of any alterations to an
agricultural area or the termination of an agricultural area within
45 days of taking the such action.
(Source: P.A. 84-456.)
(505 ILCS 5/17) (from Ch. 5, par. 1017)
Sec. 17. Petition for dissolution. Ten years after the date of
creation of any agricultural area and every 10 years thereafter,
owners of land within the such area may petition the county board to
dissolve the area. The Such petition must be submitted in writing to
the county board during the year 120 day period immediately prior to
the 10th anniversary of the creation of the area. If Should the
petition contains contain signatures of at least two-thirds of the
landowners, their heirs, assigns or representatives, owning at least
two-thirds of the land within the area, the area shall be dissolved.
The county board shall notify the Department of Agriculture of the
dissolution of any agricultural area within 45 days of taking the
such action.
(Source: P.A. 84-456.)
(505 ILCS 5/18) (from Ch. 5, par. 1018)
Sec. 18. Limitation on local regulations and on suits. No local
government shall exercise any of its powers to enact local laws or
ordinances within an agricultural area in a manner that which would
unreasonably restrict or regulate farm structures or farming
practices, including the acquisition of land by annexation or eminent
domain, in contravention of the purposes of this Act.
The owners of land within the agricultural area may not be
subjected to a civil action for nuisance by a private party. The
Department of Agriculture shall give technical assistance and provide
other resources for owners of land within an agricultural area if
subjected to any other private civil action. Nothing in this Act
shall be construed as a limitation or preemption of any statutory or
regulatory authority arising under subsection (a) of Section 9 of the
Environmental Protection Act.
The unless such restrictions or regulations may be adopted and
the nuisance suits may be allowed if bearing bear a direct
relationship to the public health or safety.
(Source: P.A. 81-1173.)
(505 ILCS 5/20.2) (from Ch. 5, par. 1020.2)
HOUSE OF REPRESENTATIVES 1551
Sec. 20.2. Adding land to designated agricultural areas. Any
petition proposal for adding land to a designated agricultural area
shall be submitted to the county board which shall forward the
proposal to the county committee within 10 days. Within 45 days from
the date the petition proposal was submitted to it, the county
committee shall review the proposed addition and shall recommend the
approval, disapproval or modification of the petition proposal. The
county committee shall submit a report of its recommendations to the
county board which shall act on the recommendations within 30 days.
The county board shall notify the Department of Agriculture of any
addition of land to a designated agricultural area within 45 days of
taking such action. Any land added to a designated agricultural area
under this Section shall be subject to review under Section 16 at the
same times as the original area is subject to such review. The dates
for such review and the period during which a petition may be filed
under Section 17 shall not be affected by the addition of land under
this Section.
(Source: P.A. 84-456.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendments were adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 415. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Holbrook offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 415
AMENDMENT NO. 1. Amend House Bill 415 by replacing the title
with the following:
"AN ACT concerning veterans' camping fees."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Civil Administrative Code of Illinois is amended
by changing Section 63a23 as follows:
(20 ILCS 805/63a23) (from Ch. 127, par. 63a23)
Sec. 63a23. Campsites and housing facilities. To provide
facilities for overnight tent and trailer camp sites and to provide
suitable housing facilities for student and juvenile overnight
camping groups. The Department of Natural Resources may regulate, by
administrative order, the fees to be charged for tent and trailer
camping units at individual park areas based upon the facilities
available. However, for campsites with access to showers or
electricity, any Illinois resident who is age 62 or older or has a
Class 2 disability as defined in Section 4A of the Illinois
Identification Card Act shall be charged only one-half of the camping
fee charged to the general public during the period Monday through
Thursday of any week and shall be charged the same camping fee as the
general public on all other days. For campsites without access to
showers or electricity, no camping fee authorized by this Section
shall be charged to any resident of Illinois who has a Class 2
disability as defined in Section 4A of the Illinois Identification
Card Act. For campsites without access to showers or electricity, no
1552 JOURNAL OF THE [March 18, 1999]
camping fee authorized by this Section shall be charged to any
resident of Illinois who is age 62 or older for the use of a camp
site unit during the period Monday through Thursday of any week. The
No camping fee authorized by this Section shall be waived or
discounted for a charged to any resident of Illinois who is a
disabled veteran or a former prisoner of war, as set forth defined in
Section 5 of the Department of Veterans' Affairs Act. Nonresidents
shall be charged the same fees as are authorized for the general
public regardless of age. The Department shall provide by regulation
for suitable proof of age, or either a valid driver's license or a
"Golden Age Passport" issued by the federal government shall be
acceptable as proof of age. The Department shall further provide by
regulation that notice of such reduced admission fees be posted in a
conspicuous place and manner.
Reduced fees authorized in this Section shall not apply to any
charge for utility service.
(Source: P.A. 88-91; 89-445, eff. 2-7-96.)
Section 10. The Department of Veterans' Affairs Act is amended
by changing Section 5 as follows:
(20 ILCS 2805/5) (from Ch. 126 1/2, par. 70)
Sec. 5. Camping and park fees.
(a) Every veteran who is a resident of Illinois and disabled may
be eligible for an exemption from or a discount for shall be exempt
from all camping and admission fees in parks under the control of the
Department of Natural Resources. For the purpose of this subsection
(a), A resident disabled veteran is one who is permanently disabled
from service connected causes with 100% disability or one who has
permanently lost the use of a leg or both legs or an arm or both
arms or any combination thereof or any person who is so severely
disabled as to be unable to move without the aid of crutches or a
wheelchair shall be exempt from the camping and admission fees.
Other resident disabled veterans with 30% or more disability from
service connected causes shall be charged (i) for the Class A and B
campsites (campsites with access to showers or electricity) only
one-half of the camping fee charged to the general public during the
period Monday through Thursday of any week and shall be charged the
same camping fee as the general public on all other days and (ii) for
the Class C and D campsites (campsites without access to showers or
electricity) no camping fee for any day of the week. The Department
shall issue free use permits to those eligible veterans. To
establish eligibility, the veteran shall present an award letter or
some other identifying disability document, together with proper
identification, to any office of the Department. Subject to the
approval of the Department of Natural Resources, the Department of
Veterans' Affairs shall establish the form or permit identifier to be
issued.
(b) Every veteran who is a resident of Illinois and a former
prisoner of war shall be exempt from all camping and admission fees
in parks under the control of the Department of Natural Resources.
For the purposes of this subsection (b), a former prisoner of war is
a veteran who was taken and held prisoner by a hostile foreign force
while participating in an armed conflict as a member of the United
States armed forces. Any identification card or other form of
identification issued by the Veterans' Administration or other
governmental agency which indicates the card-holder's former prisoner
of war status shall be sufficient to accord such card-holder the
fee-exempt admission or camping privileges under this subsection.
(Source: P.A. 89-445, eff. 2-7-96.)".
The motion prevailed and the amendment was adopted and ordered
printed.
HOUSE OF REPRESENTATIVES 1553
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 Schoenberg, HOUSE BILL 1120 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:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 18)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 909. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Giglio offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 909
AMENDMENT NO. 1. Amend House Bill 909 by replacing the title
with the following:
"AN ACT to amend the Environmental Protection Act by changing
Section 21."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Section 21 as follows:
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public highways
or other public property, except in a sanitary landfill approved by
the Agency pursuant to regulations adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned Vehicles
Amendment to the Illinois Vehicle Code", as enacted by the 76th
General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in violation
of any conditions imposed by such permit, including periodic
reports and full access to adequate records and the inspection of
facilities, as may be necessary to assure compliance with this
Act and with regulations and standards adopted thereunder;
provided, however, that, except for municipal solid waste
landfill units that receive waste on or after October 9, 1993, no
permit shall be required for (i) any person conducting a
1554 JOURNAL OF THE [March 18, 1999]
waste-storage, waste-treatment, or waste-disposal operation for
wastes generated by such person's own activities which are
stored, treated, or disposed within the site where such wastes
are generated, or (ii) a facility located in a county with a
population over 700,000, operated and located in accordance with
Section 22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or demolition
debris;
(2) in violation of any regulations or standards adopted by
the Board under this Act; or
(3) which receives waste after August 31, 1988, does not
have a permit issued by the Agency, and is (i) a landfill used
exclusively for the disposal of waste generated at the site, (ii)
a surface impoundment receiving special waste not listed in an
NPDES permit, (iii) a waste pile in which the total volume of
waste is greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility receiving
special waste generated at the site; without giving notice of the
operation to the Agency by January 1, 1989, or 30 days after the
date on which the operation commences, whichever is later, and
every 3 years thereafter. The form for such notification shall
be specified by the Agency, and shall be limited to information
regarding: the name and address of the location of the operation;
the type of operation; the types and amounts of waste stored,
treated or disposed of on an annual basis; the remaining capacity
of the operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any person
engaged in agricultural activity who is disposing of a substance that
constitutes solid waste, if the substance was acquired for use by
that person on his own property, and the substance is disposed of on
his own property in accordance with regulations or standards adopted
by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or transport any
waste into this State for disposal, treatment, storage or
abandonment, except at a site or facility which meets the
requirements of this Act and of regulations and standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the Agency
under subsection (d) of Section 39 of this Act, or in violation
of any condition imposed by such permit, including periodic
reports and full access to adequate records and the inspection of
facilities, as may be necessary to assure compliance with this
Act and with regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards adopted by
the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under this Act;
or
(4) in violation of any order adopted by the Board under
this Act.
Notwithstanding the above, no RCRA permit shall be required under
this subsection or subsection (d) of Section 39 of this Act for any
person engaged in agricultural activity who is disposing of a
substance which has been identified as a hazardous waste, and which
has been designated by Board regulations as being subject to this
exception, if the substance was acquired for use by that person on
his own property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the Board.
HOUSE OF REPRESENTATIVES 1555
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a permit from
the Agency in accordance with the Uniform Program implemented
under subsection (l-5) of Section 22.2; or
(2) in violation of any regulations or standards adopted by
the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in violation of
any regulations, standards or permit requirements adopted by the
Board under this Act.
(i) Conduct any process or engage in any act which produces
hazardous waste in violation of any regulations or standards adopted
by the Board under subsections (a) and (c) of Section 22.4 of this
Act.
(j) Conduct any special waste transportation operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act. However, sludge from a water or
sewage treatment plant owned and operated by a unit of local
government which (1) is subject to a sludge management plan approved
by the Agency or a permit granted by the Agency, and (2) has been
tested and determined not to be a hazardous waste as required by
applicable State and federal laws and regulations, may be transported
in this State without a special waste hauling permit, and the
preparation and carrying of a manifest shall not be required for such
sludge under the rules of the Pollution Control Board. The unit of
local government which operates the treatment plant producing such
sludge shall file a semiannual report with the Agency identifying the
volume of such sludge transported during the reporting period, the
hauler of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active or
inactive shaft or tunneled mine or within 2 miles of an active fault
in the earth's crust. In counties of population less than 225,000 no
hazardous waste disposal site shall be located (1) within 1 1/2 miles
of the corporate limits as defined on June 30, 1978, of any
municipality without the approval of the governing body of the
municipality in an official action; or (2) within 1000 feet of an
existing private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site and
excluding existing private wells on the property of the permit
applicant. The provisions of this subsection do not apply to
publicly-owned sewage works or the disposal or utilization of sludge
from publicly-owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to the
Agency of the transfer and to the transferee of the conditions
imposed by the Agency upon its use under subsection (g) of Section
39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by the
Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is required to
have a permit under subsection (d) of this Section, in a manner which
results in any of the following conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill by a
permit issued by the Agency);
(4) open burning of refuse in violation of Section 9 of
1556 JOURNAL OF THE [March 18, 1999]
this Act;
(5) uncovered refuse remaining from any previous operating
day or at the conclusion of any operating day, unless authorized
by permit;
(6) failure to provide final cover within time limits
established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of the
landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or Board
regulations;
(12) failure to collect and contain litter from the site by
the end of each operating day;
(13) failure to submit any cost estimate for the site or
any performance bond or other security for the site as required
by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation under
Section 31.1 of this Act or as otherwise provided by this Act. The
specific prohibitions in this subsection do not limit the power of
the Board to establish regulations or standards applicable to
sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause or
allow the open dumping of any waste in a manner which results in any
of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;.
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.78 of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.78a of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation under
Section 31.1 of this Act or as otherwise provided by this Act. The
specific prohibitions in this subsection do not limit the power of
the Board to establish regulations or standards applicable to open
dumping.
(q) Conduct a landscape waste composting operation without an
Agency permit, provided, however, that no permit shall be required
for any person:
(1) conducting a landscape waste composting operation for
landscape wastes generated by such person's own activities which
are stored, treated or disposed of within the site where such
wastes are generated; or
(2) applying landscape waste or composted landscape waste
at agronomic rates; or
(3) operating a landscape waste composting facility on a
farm, if the facility meets all of the following criteria:
(A) the composting facility is operated by the farmer
on property on which the composting material is utilized,
and the composting facility constitutes no more than 2% of
the property's total acreage, except that the Agency may
HOUSE OF REPRESENTATIVES 1557
allow a higher percentage for individual sites where the
owner or operator has demonstrated to the Agency that the
site's soil characteristics or crop needs require a higher
rate;
(B) the property on which the composting facility is
located, and any associated property on which the compost is
used, is principally and diligently devoted to the
production of agricultural crops and is not owned, leased or
otherwise controlled by any waste hauler or generator of
nonagricultural compost materials, and the operator of the
composting facility is not an employee, partner,
shareholder, or in any way connected with or controlled by
any such waste hauler or generator;
(C) all compost generated by the composting facility
is applied at agronomic rates and used as mulch, fertilizer
or soil conditioner on land actually farmed by the person
operating the composting facility, and the finished compost
is not stored at the composting site for a period longer
than 18 months prior to its application as mulch,
fertilizer, or soil conditioner;
(D) the owner or operator, by January 1, 1990 (or the
January 1 following commencement of operation, whichever is
later) and January 1 of each year thereafter, (i) registers
the site with the Agency, (ii) reports to the Agency on the
volume of composting material received and used at the site,
(iii) certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A), (B) and (C)
of this paragraph (q)(3), and (iv) certifies to the Agency
that all composting material was placed more than 200 feet
from the nearest potable water supply well, was placed
outside the boundary of the 10-year floodplain or on a part
of the site that is floodproofed, was placed at least 1/4
mile from the nearest residence (other than a residence
located on the same property as the facility) and there are
not more than 10 occupied non-farm residences within 1/2
mile of the boundaries of the site on the date of
application, and was placed more than 5 feet above the water
table.
For the purposes of this subsection (q), "agronomic rates" means
the application of not more than 20 tons per acre per year, except
that the Agency may allow a higher rate for individual sites where
the owner or operator has demonstrated to the Agency that the site's
soil characteristics or crop needs require a higher rate.
(r) Cause or allow the storage or disposal of coal combustion
waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not otherwise
required under subsection (d) of this Section; or
(2) such waste is stored or disposed of as a part of the
design and reclamation of a site or facility which is an
abandoned mine site in accordance with the Abandoned Mined Lands
and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D permits
issued by the Agency pursuant to regulations adopted by the Board
for mine-related water pollution and permits issued pursuant to
the Federal Surface Mining Control and Reclamation Act of 1977
(P.L. 95-87) or the rules and regulations thereunder or any law
or rule or regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees to
accept the waste; and either
1558 JOURNAL OF THE [March 18, 1999]
(i) such waste is stored or disposed of in accordance
with requirements applicable to refuse disposal under
regulations adopted by the Board for mine-related water
pollution and pursuant to NPDES and Subtitle D permits
issued by the Agency under such regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and the
facility is operated in accordance with the demonstration as
approved by the Agency: (1) the disposal area will be
covered in a manner that will support continuous vegetation,
(2) the facility will be adequately protected from wind and
water erosion, (3) the pH will be maintained so as to
prevent excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to protect
surface water and groundwater from contamination at levels
prohibited by this Act, the Illinois Groundwater Protection
Act, or regulations adopted pursuant thereto.
Notwithstanding any other provision of this Title, the disposal
of coal combustion waste pursuant to item (2) or (3) of this
subdivision (r) shall be exempt from the other provisions of this
Title V, and notwithstanding the provisions of Title X of this Act,
the Agency is authorized to grant experimental permits which include
provision for the disposal of wastes from the combustion of coal and
other materials pursuant to items (2) and (3) of this subdivision
(r).
(s) After April 1, 1989, offer for transportation, transport,
deliver, receive or accept special waste for which a manifest is
required, unless the manifest indicates that the fee required under
Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal solid
waste landfill unit on or after October 9, 1993, without a permit
modification, granted by the Agency, that authorizes the lateral
expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any regulation,
standards or permit requirements adopted by the Board under this Act.
However, no permit shall be required under this Title V for the land
application of vegetable by-products conducted pursuant to Agency
permit issued under Title III of this Act to the generator of the
vegetable by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling permit, and
without the preparation and carrying of a manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling of
construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads that is
not commingled with any waste, without the maintenance of
documentation identifying the hauler, generator, place of origin of
the debris or soil, the weight or volume of the debris or soil, and
the location, owner, and operator of the facility where the debris or
soil was transferred, disposed, recycled, or treated. This
documentation must be maintained by the generator, transporter, or
recycler for 3 years. This subsection (w) shall not apply to (1) a
permitted pollution control facility that transfers or accepts
construction or demolition debris, clean or general, or
uncontaminated soil for final disposal, recycling, or treatment, (2)
a public utility (as that term is defined in the Public Utilities
Act) or a municipal utility, or (3) the Illinois Department of
Transportation; but it shall apply to an entity that contracts with a
public utility, a municipal utility, or the Illinois Department of
HOUSE OF REPRESENTATIVES 1559
Transportation. The terms "generation" and "recycling" as used in
this subsection do not apply to clean construction or demolition
debris when (i) used as fill material below grade outside of a
setback zone if covered by sufficient uncontaminated soil to support
vegetation within 30 days of the completion of filling or if covered
by a road or structure, (ii) solely broken concrete without
protruding metal bars is used for erosion control, or (iii) milled
asphalt or crushed concrete is used as aggregate in construction of
the shoulder of a roadway. The terms "generation" and "recycling",
as used in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material below
grade or contoured to grade, or (ii) used at the site of generation.
(Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96; 90-219, eff.
7-25-97; 90-344, eff. 1-1-98; 90-475, eff. 8-17-97; 90-655, eff.
7-30-98; 90-761, eff. 8-14-98.)".
AMENDMENT NO. 2 TO HOUSE BILL 909
AMENDMENT NO. 2. Amend House Bill 909 by inserting the following
after the end of Section 5:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
The motion prevailed and the amendments were adopted and ordered
printed.
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 1115. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Scott offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1115
AMENDMENT NO. 1. Amend House Bill 1115 as follows:
on page 1, by replacing line 9 with the following:
"only when the person engaging or seeking to engage engaged or sought
to be engaged by"; and
on page 2, line 26, by replacing "business" with "of the business";
and
by replacing line 27 with the following:
"the filing of a notice of lien (i) in the recorder's office of the
county in which the real property is located, as to real property,
and (ii) in the Office of the Secretary of State, as to tangible
personal property, by"; and
on page 5, lines 19 and 21, after "assets" each time it appears, by
inserting "of the business that are subject to this Act"; and
on page 6, line 5, by replacing "payment" with "payment"; and
on line 19, after "claim", by inserting ","; and
on line 21, by replacing "and" with "and"; and
on line 24, before the period, by inserting the following: ", and
(iii) prior recorded liens perfected under the Uniform Commercial
Code".
The motion prevailed and the amendment was adopted and ordered
printed.
1560 JOURNAL OF THE [March 18, 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 1265. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Granberg offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1265
AMENDMENT NO. 1. Amend House Bill 1265 by replacing the title
with the following:
"AN ACT to amend the Illinois Insurance Code by changing Section
424."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Insurance Code is amended by changing
Section 424 as follows:
(215 ILCS 5/424) (from Ch. 73, par. 1031)
Sec. 424. Unfair methods of competition and unfair or deceptive
acts or practices defined. The following are hereby defined as unfair
methods of competition and unfair and deceptive acts or practices in
the business of insurance:
(1) The commission by any person of any one or more of the acts
defined or prohibited by Sections 134, 147, 148, 149, 151, 155.22,
155.22a, 236, 237, 364 and 469 of this Code.
(2) Entering into any agreement to commit, or by any concerted
action committing, any act of boycott, coercion or intimidation
resulting in or tending to result in unreasonable restraint of, or
monopoly in, the business of insurance. "Unreasonable restraint"
includes, but is not limited to, any formal or informal policy that
requires or results in a licensed health care professional agreeing
to participate in all health care or managed care plans or accident
and health policies operated by the insurance company in order to
participate in one or more plans or policies operated by the
insurance company. Licensed health care professionals shall be free
to choose the plans or policies in which to participate, and the
choice shall not be the ground for denying participation in any
chosen plan or policy. If an agreement is signed by an authorized
representative of a group of health care professionals, then the
agreement shall apply to all members of the group unless stated
otherwise in the agreement. A licensed insurance company that
violates this subsection engages in unlawful tying practices that are
unfair methods of competition and unfair and deceptive acts or
practices.
(3) Making or permitting, in the case of insurance of the types
enumerated in Classes 2 and 3 of Section 4, any unfair discrimination
between individuals or risks of the same class or of essentially the
same hazard and expense element because of the race, color, religion
or national origin of such insurance risks or applicants.
(4) Engaging in any of the acts or practices defined in or
prohibited by Sections 154.5 through 154.8 of the this Insurance
Code.
(5) Making or charging any rate for insurance against losses
arising from the use or ownership of a motor vehicle which requires a
higher premium of any person by reason of his physical handicap,
race, color, religion or national origin.
(Source: P.A. 90-245, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect July 1,
HOUSE OF REPRESENTATIVES 1561
1999.".
And on that motion, a vote was taken resulting as follows:
110, Yeas; 4, Nays; 0, Answering Present.
(ROLL CALL 19)
The motion prevailed and the amendment was adopted and ordered
printed.
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 1340. Having been recalled on March 11, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Wojcik offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1340
AMENDMENT NO. 1. Amend House Bill 1340 on page 1, line 28, by
replacing "January" with "April".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 1352. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Moffitt offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1352
AMENDMENT NO. 1. Amend House Bill 1352 as follows:
by replacing the title with the following:
"AN ACT to amend the Counties Code by changing Section 3-6005.";
and
by replacing everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing Section
3-6005 as follows:
(55 ILCS 5/3-6005) (from Ch. 34, par. 3-6005)
Sec. 3-6005. Failure to give bond or take oath; vacancy. If any
person elected or appointed to the office of sheriff, of any county,
shall fail to give bond or take the oath required of him or her,
within 30 20 days after he or she is appointed or declared elected,
the office shall be deemed vacant.
(Source: P.A. 86-962.)".
The motion prevailed and the amendment was adopted and ordered
printed.
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.
1562 JOURNAL OF THE [March 18, 1999]
HOUSE BILL 1362. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Winkel offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1362
AMENDMENT NO. 1. Amend House Bill 1362 on page 2, by replacing
lines 26 through 34 with the following:
"(e) On and after the effective date of this amendatory Act of
the 91st General Assembly, when territory is disconnected from a fire
protection district under this Section, the annexing municipality
shall pay, on or before December 31 of each year for a period of 5
years after the effective date of the disconnection, to the fire
protection district from which the territory was disconnected, an
amount as follows:
(1) In the first year after the disconnection, an amount
equal to the real estate tax collected on the property in the
disconnected territory by the fire protection district in the tax
year immediately preceding the year in which the disconnection
took effect.
(2) In the second year after the disconnection, an amount
equal to 80% of the real estate tax collected on the property in
the disconnected territory by the fire protection district in the
tax year immediately preceding the year in which the
disconnection took effect.
(3) In the third year after the disconnection, an amount
equal to 60% of the real estate tax collected on the property in
the disconnected territory by the fire protection district in the
tax year immediately preceding the year in which the
disconnection took effect.
(4) In the fourth year after the disconnection, an amount
equal to 40% of the real estate tax collected on the property in
the disconnected territory by the fire protection district in the
tax year immediately preceding the year in which the
disconnection took effect.
(5) In the fifth year after the disconnection, an amount
equal to 20% of the real estate tax collected on the property in
the disconnected territory by the fire protection district in the
tax year immediately preceding the year in which the
disconnection took effect."; and
on page 3, by deleting line 1.
The motion prevailed and the amendment was adopted and ordered
printed.
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 421. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Winkel offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 421
HOUSE OF REPRESENTATIVES 1563
AMENDMENT NO. 1. Amend House Bill 421 on page 4, by replacing
lines 1 through 6 with the following:
"particular case. The final order, to the extent possible in each
case, in all cases shall state the support level in dollar amounts.
However, if the court finds that the child support amount cannot be
expressed exclusively as a dollar amount because all or a portion of
the payor's net income is uncertain as to source, time of payment, or
amount, the court may order a percentage amount of support either in
addition to or in lieu of a dollar amount and enter such other orders
as may be necessary to collect the applicable support as determined
under this Act on a timely basis.".
The motion prevailed and the amendment was adopted and ordered
printed.
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 528. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Fritchey offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 528
AMENDMENT NO. 1. Amend House Bill 528 on page 4, line 28,
immediately after "State", by inserting the following:
"prior to or within 60 days after receipt of the applicant's school
bus driver permit; failure to complete a certified class on cardio
pulmonary resuscitation prior to receipt of a school bus driver
permit or within 60 days after receipt of a school bus driver permit
shall result in the suspension of the applicant's school bus driver
permit until he or she provides certification to the Secretary of
State that he or she has successfully completed a certified class on
cardio pulmonary resuscitation".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was held on the
order of Second Reading.
HOUSE BILL 558. Having been printed, was taken up and read by
title a second time.
Representative Woolard offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 558
AMENDMENT NO. 1. Amend House Bill 558 on page 10, line 3, by
replacing "2 preceding fiscal years" with "fiscal year 2 years
preceding"; and
on page 16, line 14, by replacing "Sections" with "Section Sections".
AMENDMENT NO. 2 TO HOUSE BILL 558
1564 JOURNAL OF THE [March 18, 1999]
AMENDMENT NO. 2. Amend House Bill 558 as follows:
on page 2, immediately below line 22, by inserting the following:
"The funding program included in the educational services block
grant for funding for children requiring special education services
in each fiscal year shall be treated in that fiscal year as a payment
to the school district in respect of services provided or costs
incurred in the prior fiscal year, calculated in each case as
provided in this Section. Nothing in this Section shall change the
nature of payments for any program that, apart from this Section,
would be or, prior to adoption or amendment of this Section, was on
the basis of a payment in a fiscal year in respect of services
provided or costs incurred in the prior fiscal year, calculated in
each case as provided in this Section."; and
on page 3, line 16, by replacing "IC" with "1C IC"; and
on page 11, immediately below line 30, by inserting the following:
"Nothing in this amendatory Act of the 91st General Assembly
shall eliminate any reimbursement obligation owed as of the effective
date of this amendatory Act of the 91st General Assembly to a school
district with in excess of 500,000 inhabitants.".
The motion prevailed and the amendments were adopted and ordered
printed.
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 1705. Having been read by title a second time on
March 12, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Boland offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1705
AMENDMENT NO. 1. Amend House Bill 1705 on page 2, line 11 by
deleting "or should have known".
The motion prevailed and the amendment was adopted and ordered
printed.
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 1717. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Scott offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1717
AMENDMENT NO. 1. Amend House Bill 1717 by replacing the title
with the following:
"AN ACT in relation to home modifications for older persons and
persons with disabilities."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Home
HOUSE OF REPRESENTATIVES 1565
Modification for Prevention of Institutionalization Act.
Section 5. Findings. The General Assembly finds that it is far
preferable for older persons and adults and children with
disabilities to live in their own homes or in the homes of family
members in their own communities rather than in more restrictive
institutionalized settings removed from their friends and loved ones.
The General Assembly further finds that older persons and adults and
children with disabilities often are unnecessarily placed or forced
to remain in institutionalized settings due to the lack of resources
needed to make modifications to their dwellings to enable them to
remain in or return to their homes and communities. The General
Assembly further finds that it is in the best interests of the State
of Illinois to support community-based living for older persons and
adults and children with disabilities by implementing a program to
enable them to make modifications to their dwellings to avoid
unnecessary placement outside of their own homes and communities.
Section 10. Purpose. The purpose of this Act is to authorize
the Department of Human Services and the Department on Aging to
jointly establish a program to provide funding for necessary home
modifications and assistive technology to enable older persons and
adults and children with disabilities to remain in or return to their
homes in order to allow them to live as independently as possible for
as long as possible.
Section 15. Program. Subject to appropriation for these
purposes, the Department of Human Services and the Department on
Aging shall jointly establish a Home Modification Grant and Loan
Program. The Program shall have 2 components. One component shall be
administered by the Department of Human Services and the other
component shall be administered by the Department on Aging. The
Department of Human Services and the Department on Aging shall
cooperate in the overall administration of the Program.
Section 20. Eligibility. Persons age 60 or over and adults and
children with disabilities shall be eligible for grants or loans or
both under the Home Modification Grant and Loan Program if they have
verifiable functional limitations for which some modification of
their dwelling is required and they are unable to afford, because of
limited resources, the cost of the modification. Preference shall be
given to applicants who: (1) are at imminent risk of
institutionalization or who are already in an institutional setting
but are ready to return home and who would be able to live at home if
a modification or modifications are made, (2) have inadequate
resources or no current access to resources as a result of the
geographic location of their dwelling, the lack of other available
State or federal funds such as the Community Development Block Grant,
rural housing assistance programs or income limitations such as the
inability to qualify for a low-interest loan, or (3) have access to
other resources, but those resources are inadequate to complete the
necessary modifications. Adults under 60 years of age with
disabilities and children with disabilities shall receive services
under the component of the Program administered by the Department of
Human Services. An adult 60 years of age or older may elect to
receive services under the component administered by the Department
of Human Services if, at the time he or she reached age 60, he or she
was already receiving home services under subsection (f) of Section 3
of the Disabled Persons Rehabilitation Act and he or she was already
receiving services under the component of the Program administered by
the Department of Human Services. All other adults 60 years of age or
older receiving services under the Program shall receive services
under the component administered by the Department on Aging.
Section 25. Rulemaking. The Department of Human Services and
the Department on Aging shall jointly promulgate administrative rules
1566 JOURNAL OF THE [March 18, 1999]
governing the Home Modification Grant and Loan Program consistent
with this Act.
Section 30. Advisory Committee. The Department of Human
Services and the Department on Aging shall jointly establish an
Advisory Committee for the Home Modification Grant and Loan Program
to advise the Secretary of Human Services and the Director on Aging
on policies and procedures under which the Program shall operate.
The Advisory Committee shall consist of no fewer than 9 nor more than
15 members and shall include at least one individual with a
disability, one individual over the age of 60, the Secretary of Human
Services or his or her designee, the Director of Aging or his or her
designee, a representative of an Area Agency on Aging, the Executive
Director of the Statewide Independent Living Council or his or her
designee, a representative from the construction industry who
specializes in home modifications for individuals with disabilities
and older persons, the Executive Director of the Illinois Assistive
Technology Project or his or her designee, and the Executive Director
of the Coalition of Citizens with Disabilities in Illinois or his or
her designee.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
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 2036. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Dart offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2036
AMENDMENT NO. 1. Amend House Bill 2036 on page 3, by replacing
lines 5 and 6 with the following:
"(h) The collection and distribution of funds under this Act
promotes equal justice, is in"; and
on page 3, line 9, by deleting "fees and other"; and
on page 16, by deleting lines 23 through 32; and
by deleting pages 17 through 22; and
on page 23, by deleting lines 1 through 21.
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was held on the
order of Second Reading.
HOUSE BILL 2627. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative McKeon offered the following amendment and moved
its adoption:
HOUSE OF REPRESENTATIVES 1567
AMENDMENT NO. 1 TO HOUSE BILL 2627
AMENDMENT NO. 1. Amend House Bill 2627, on page 1, line 21, by
replacing "the Board of Nursing" with "a professional nursing
association".
The motion prevailed and the amendment was adopted and ordered
printed.
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 1909. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Wojcik offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1909
AMENDMENT NO. 1. Amend House Bill 1909 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Promotion Act is amended by changing
Section 4a as follows:
(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
Sec. 4a. Funds.
(1) As soon as possible after the first day of each month,
beginning July 1, 1978 and ending June 30, 1997, upon certification
of the Department of Revenue, the Comptroller shall order transferred
and the Treasurer shall transfer from the General Revenue Fund to a
special fund in the State Treasury, to be known as the "Tourism
Promotion Fund", an amount equal to 10% of the net revenue realized
from "The Hotel Operators' Occupation Tax Act", as now or hereafter
amended, plus an amount equal to 10% of the net revenue realized from
any tax imposed under Section 4.05 of the Chicago World's Fair - 1992
Authority Act, as now or hereafter amended, during the preceding
month. Net revenue realized for a month shall be the revenue
collected by the State pursuant to that Act during the previous month
less the amount paid out during that same month as refunds to
taxpayers for overpayment of liability under that Act.
All moneys deposited in the Tourism Promotion Fund pursuant to
this subsection are allocated to the Department for utilization, as
appropriated, in the performance of its powers under Section 4.
As soon as possible after the first day of each month, beginning
July 1, 1997, upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall transfer
from the General Revenue Fund to the Tourism Promotion Fund an amount
equal to 13% of the net revenue realized from the Hotel Operators'
Occupation Tax Act plus an amount equal to 13% of the net revenue
realized from any tax imposed under Section 4.05 of the Chicago
World's Fair-1992 Authority Act during the preceding month. "Net
revenue realized for a month" means the revenue collected by the
State under that Act during the previous month less the amount paid
out during that same month as refunds to taxpayers for overpayment of
liability under that Act.
(1.1) (Blank).
(2) As soon as possible after the first day of each month,
beginning July 1, 1997, upon certification of the Department of
Revenue, the Comptroller shall order transferred and the Treasurer
1568 JOURNAL OF THE [March 18, 1999]
shall transfer from the General Revenue Fund to the Tourism Promotion
Fund an amount equal to 8% of the net revenue realized from the Hotel
Operators' Occupation Tax plus an amount equal to 8% of the net
revenue realized from any tax imposed under Section 4.05 of the
Chicago World's Fair-1992 Authority Act during the preceding month.
"Net revenue realized for a month" means the revenue collected by the
State under that Act during the previous month less the amount paid
out during that same month as refunds to taxpayers for overpayment of
liability under that Act.
All monies deposited in the Tourism Promotion Fund under this
subsection (2) shall be used solely as provided in this subsection to
advertise and promote tourism throughout Illinois. Appropriations of
monies deposited in the Tourism Promotion Fund pursuant to this
subsection (2) shall be used solely for advertising to promote
tourism, including but not limited to advertising production and
direct advertisement costs, but shall not be used to employ any
additional staff, finance any individual event, or lease, rent or
purchase any physical facilities. The Department shall coordinate its
advertising under this subsection (2) with other public and private
entities in the State engaged in similar promotion activities. Print
or electronic media production made pursuant to this subsection (2)
for advertising promotion shall not contain or include the physical
appearance of or reference to the name or position of any public
officer. "Public officer" means a person who is elected to office
pursuant to statute, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by statute, to discharge a public duty for the State or
any of its political subdivisions.
(3) Subject to appropriation, moneys shall be transferred from
the Tourism Promotion Fund into the Grape and Wine Resources Fund
pursuant to Article XII of the Liquor Control Act of 1934 and shall
be used by the Department in accordance with the provisions of that
Article.
(Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655, eff.
7-30-98.)
Section 10. The Liquor Control Act of 1934 is amended by adding
Section 12-4 as follows:
(235 ILCS 5/12-4 new)
Sec. 12-4. Grape and Wine Resources Fund. Beginning July 1, 1999
and ending June 30, 2009, on the first day of each State fiscal year,
or as soon thereafter as may be practical, the State Comptroller
shall transfer the sum of $500,000 from the General Revenue Fund to
the Grape and Wine Resources Fund, which is hereby continued as a
special fund in the State Treasury. By January 1, 2009, the
Department of Commerce and Community Affairs shall review the
activities of the Council and report to the General Assembly and the
Governor its recommendation of whether or not the funding under this
Section should be continued.
The Grape and Wine Resources Fund shall be administered by the
Department of Commerce and Community Affairs, which shall serve as
the lead administrative agency for allocation and auditing of funds
as well as monitoring program implementation. The Department shall
make an annual grant of moneys from the Fund to the Council, which
shall be used to pay for the Council's operations and expenses.
These moneys shall be used by the Council to achieve the Council's
objectives and shall not be used for any political or legislative
purpose. Money remaining in the Fund at the end of the fiscal year
shall remain in the Fund for use during the following year and shall
not be transferred to any other State fund.
(235 ILCS 5/12-3 rep.)
Section 15. The Liquor Control Act of 1934 is amended by
HOUSE OF REPRESENTATIVES 1569
repealing Section 12-3.
Section 99. Effective date. This Act takes effect July 1,
1999.".
The motion prevailed and the amendment was adopted and ordered
printed.
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 1801. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Mautino offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1801
AMENDMENT NO. 1. Amend House Bill 1801 by replacing everything
after the enacting clause with the following:
"Section 5. The Pharmacy Practice Act of 1987 is amended by
changing Section 3 as follows:
(225 ILCS 85/3) (from Ch. 111, par. 4123)
Sec. 3. Definitions. For the purposes purpose of this Act,
except where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every store,
shop, pharmacy department, or other place where pharmaceutical care
is provided by a pharmacist (1) where drugs, medicines, or poisons
are dispensed, sold or offered for sale at retail, or displayed for
sale at retail; or (2) where prescriptions of physicians, dentists,
veterinarians, podiatrists, or therapeutically certified
optometrists, within the limits of their licenses, are compounded,
filled, or dispensed; or (3) which has upon it or displayed within
it, or affixed to or used in connection with it, a sign bearing the
word or words "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
"Drugs", "Medicines", or any word or words of similar or like import,
either in the English language or any other language; or (4) where
the characteristic prescription sign (Rx) or similar design is
exhibited; or (5) any store, or shop, or other place with respect to
which any of the above words, objects, signs or designs are used in
any advertisement.
(b) "Drugs" means and includes (l) articles recognized in the
official United States Pharmacopoeia/National Formulary (USP/NF), or
any supplement thereto and being intended for and having for their
main use the diagnosis, cure, mitigation, treatment or prevention of
disease in man or other animals, as approved by the United States
Food and Drug Administration, but does not include devices or their
components, parts, or accessories; and (2) all other articles
intended for and having for their main use the diagnosis, cure,
mitigation, treatment or prevention of disease in man or other
animals, as approved by the United States Food and Drug
Administration, but does not include devices or their components,
parts, or accessories; and (3) articles (other than food) having for
their main use and intended to affect the structure or any function
of the body of man or other animals; and (4) articles having for
their main use and intended for use as a component or any articles
specified in clause (l), (2) or (3); but does not include devices or
their components, parts or accessories.
1570 JOURNAL OF THE [March 18, 1999]
(c) "Medicines" means and includes all drugs intended for human
or veterinary use approved by the United States Food and Drug
Administration.
(d) "Practice of pharmacy" means the provision of pharmaceutical
care to patients as determined by the pharmacist's professional
judgment in the following areas, which may include but are not
limited to (1) patient counseling, (2) interpretation and assisting
in the monitoring of appropriate drug use and prospective drug
utilization review, (3) providing information on the therapeutic
values, reactions, drug interactions, side effects, uses, selection
of medications and medical devices, and outcome of drug therapy, (4)
participation in drug selection, drug monitoring, drug utilization
review, evaluation, administration, interpretation, application of
pharmacokinetic and laboratory data to design safe and effective drug
regimens, (5) drug research (clinical and scientific), and (6)
compounding and dispensing of drugs and medical devices.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or medical
devices, issued by a physician licensed to practice medicine in all
its branches, dentist, veterinarian, or podiatrist, or
therapeutically certified optometrist, within the limits of their
licenses, by a physician assistant in accordance with subsection (f)
of Section 4, or by an advanced practice nurse in accordance with
subsection (g) of Section 4, containing the following: (l) name of
the patient; (2) date when prescription was issued; (3) name and
strength of drug or description of the medical device prescribed; and
(4) quantity, (5) directions for use, (6) prescriber's name, address
and signature, and (7) DEA number where required, for controlled
substances. DEA numbers shall not be required on inpatient drug
orders.
(f) "Person" means and includes a natural person, copartnership,
association, corporation, government entity, or any other legal
entity.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section 25 of
this Act and Section 3.14 of the Illinois Food, Drug and Cosmetic
Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital Licensing
Act, or "An Act in relation to the founding and operation of the
University of Illinois Hospital and the conduct of University of
Illinois health care programs", approved July 3, 1931, as amended, or
a facility which is operated by the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual currently licensed by
this State to engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist whose
name appears on a pharmacy license who is responsible for all aspects
of the operation related to the practice of pharmacy.
(m) "Dispense" means the delivery of drugs and medical devices,
in accordance with applicable State and federal laws and regulations,
to the patient or the patient's representative authorized to receive
these products, including the compounding, packaging, and labeling
necessary for delivery, and any recommending or advising concerning
HOUSE OF REPRESENTATIVES 1571
the contents and therapeutic values and uses thereof. "Dispense" does
not mean the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a pharmacist
or by common carrier. "Dispense" also does not mean the physical
delivery of a drug or medical device to a patient or patient's
representative by a pharmacist's designee within a pharmacy or
drugstore while the pharmacist is on duty and the pharmacy is open.
(n) "Mail-order pharmacy" means a pharmacy that is located in a
state of the United States, other than Illinois, that delivers,
dispenses or distributes, through the United States Postal Service or
other common carrier, to Illinois residents, any substance which
requires a prescription.
(o) "Compounding" means the preparation, mixing, assembling,
packaging, or labeling of a drug or medical device: (1) as the result
of a practitioner's prescription drug order or initiative that is
dispensed pursuant to a prescription in the course of professional
practice; or (2) for the purpose of, or incident to, research,
teaching, or chemical analysis; or (3) in anticipation of
prescription drug orders based on routine, regularly observed
prescribing patterns.
(p) "Confidential information" means information, maintained by
the pharmacist in the patient's records, released only (i) to the
patient or, as the patient directs, to other practitioners and other
pharmacists or (ii) to any other person authorized by law to receive
the information.
(q) "Prospective drug review" or "drug utilization evaluation"
means a screening for potential drug therapy problems due to
therapeutic duplication, drug-disease contraindications, drug-drug
interactions (including serious interactions with nonprescription or
over-the-counter drugs), drug-food interactions, incorrect drug
dosage or duration of drug treatment, drug-allergy interactions, and
clinical abuse or misuse.
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the direct supervision of a
pharmacist and a patient or the patient's representative about the
patient's medication or device for the purpose of optimizing proper
use of prescription medications or devices. The offer to counsel by
the pharmacist or the pharmacist's designee, and subsequent patient
counseling by the pharmacist or student pharmacist, shall be made in
a face-to-face communication with the patient or patient's
representative unless, in the professional judgment of the
pharmacist, a face-to-face communication is deemed inappropriate or
unnecessary. In that instance, the offer to counsel or patient
counseling may be made in a written communication, by telephone, or
in a manner determined by the pharmacist to be appropriate.
(s) "Patient profiles" or "patient drug therapy record" means
the obtaining, recording, and maintenance of patient prescription and
personal information.
(t) "Pharmaceutical care" includes, but is not limited to, the
act of monitoring drug use and other patient care services intended
to achieve outcomes that improve the patient's quality of life but
shall not include the sale of over-the-counter drugs by a seller of
goods and services who does not dispense prescription drugs.
(u) "Medical device" means an instrument, apparatus, implement,
machine, contrivance, implant, in vitro reagent, or other similar or
related article, including any component part or accessory, required
under federal law to bear the label "Caution: Federal law requires
dispensing by or on the order of a physician". A seller of goods and
services who, only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons thereof, be
required to be a licensed pharmacy.
1572 JOURNAL OF THE [March 18, 1999]
(Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97; 90-116, eff.
7-14-97; 90-253, eff. 7-29-97; 90-655, eff. 7-30-98; 90-742, eff.
8-13-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
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 2645. Having been recalled on March 9, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Mulligan offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2645
AMENDMENT NO. 1. Amend House Bill 2645, on page 10, lines 6 and
7, by replacing "licensed to practice" with "registered"; and
on page 10, lines 7 and 8, by replacing "licensure or certification"
with "registration"; and
on page 10, line 14, by replacing "licensee" with "registrant"; and
on page 10, line 16, by replacing "licensee" with "registrant"; and
on page 10, line 22, by replacing "license" with "registration"; and
on page 10, line 30, by replacing "licensure to practice" with
"registration"; and
on page 10, line 33, by replacing "license" with "registration"; and
on page 10, line 34, by replacing "license" with "registration"; and
on page 11, line 5, by replacing "license" with "registration".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 1687. Having been recalled on March 11, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Brady offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1687
AMENDMENT NO. 1. Amend House Bill 1687 on page 1, by replacing
lines 29 through 31 with the following:
"(4) Except as provided in item (4.1), the aggregate retail
value of all prizes or merchandise awarded in any single day of bingo
may not exceed $2,250, except that in adjoining counties having
200,000 to 275,000 inhabitants each, and in counties which are
adjacent to either of such adjoining counties and are adjacent to a
total of not more than 2 counties in this State, and in any
municipality having 2,500 or more inhabitants and within one mile of
such adjoining and adjacent counties having less than 25,000
inhabitants, 2 additional bingo games may be conducted after the
$2,250 limit has been reached. The prize awarded for any one game,
including any game conducted after reaching the $2,250 limit as
authorized in this paragraph (4), may not exceed $500 cash or its
HOUSE OF REPRESENTATIVES 1573
equivalent."; and
on page 2, by replacing lines 1 through 16 with the following:
"(4.1) Notwithstanding the provisions of item (4), the
Department may issue a special prize license to a licensee if the
county in which the licensee conducts bingo approves the special
prize license. A special prize licensee shall authorize a license to
award prizes or merchandise in a single day of bingo that has an
aggregate retail value that exceeds the limits imposed under item (4)
but does not exceed $10,000. A special prize license authorized
under this item (4.1) shall authorize the licensee to award prizes or
merchandise at the higher limit authorized in this item (4.1) on 2
days per year and shall not permit the licensee to conduct gambling
on days other than as authorized in this Act.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
RECALLS
By unanimous consent, on motion of Representative Coulson, HOUSE
BILL 2210 was recalled from the order of Third Reading to the order
of Second Reading for the purpose of amendment.
And the bill was again taken up on the order of Second Reading.
Representative Coulson offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2210
AMENDMENT NO. 1. Amend House Bill 2210 on page 1, by replacing
lines 12 through 22 with the following:
""Child care center" means a for-profit or not-for-profit
licensed day care center, as defined in the Child Care Act of 1969,
serving children in a setting outside of the home.
"Child care group home" means a licensed group day care home as
defined in the Child Care Act of 1969.
"Child care home" means a licensed day care home as defined in
the Child Care Act of 1969."; and
on page 2, by replacing lines 1 through 5 with the following:
"(a) Accredited licensed child care centers and accredited
licensed child care homes currently receiving funds from the
Department's subsidized child care program or the Department of
Children and Family Services' subsidized child care program shall be
paid a subsidy rate 10% higher than the maximum rates established by
the Department for the care provided depending on the age of the
child, geographic location of the center, and type of care."; and
on page 2, by replacing lines 22 through 26 with the following:
"Section 25. Eligibility. In order to be eligible for funding
under Section 20 regarding the public-private partnership, at least
25% of the children served by the program must be receiving child
care subsidies from the Department or the Department of Children and
Family Services."; and
on page 2, line 28, by replacing "2000" with "1999".
1574 JOURNAL OF THE [March 18, 1999]
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill as amended was ordered
transcribed, typed and again advanced to the order of Third Reading.
HOUSE BILLS ON SECOND READING
HOUSE BILL 427. 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 427
AMENDMENT NO. 1. Amend House Bill 427 on page 1, line 21, by
changing "long-term" to "long term"; and
on page 2, line 21, by changing "home-like" to "homelike"; and
on page 2, line 25, by changing "half-way" to "halfway"; and
on page 4, lines 1 and 4, by changing "long-term" each time it
appears to "long term"; and
on page 4, line 6, by changing "beds" to "and sheltered care beds";
and
on page 4, line 31, by changing "facility" to "facility licensed
under the Hospice Program Licensing Act"; and
on page 5, line 1, by changing "on Aging" to "of Public Health"; and
on page 5, line 2, by changing "Aging" to "Public Health"; and
on page 5, line 10, by changing "application" to "application or
pursuant to a license transfer in accordance with Section 50 of this
Act"; and
on page 5 by inserting immediately below line 18 the following:
""Licensed health care professional" means a registered
professional nurse, an advanced practice nurse, a physician licensed
to practice medicine in all its branches, a physician assistant, and
a licensed practical nurse."; and
on page 7, line 7, by changing "free standing" to "free-standing";
and
on page 7, lines 28 and 31, by changing "long-term" each time it
appears to "long term"; and
on page 8, line 24, by changing "facility" to "facility licensed
under the Hospice Program Licensing Act"; and
on page 11, line 18, by changing "performance;" to "performance,";
and
on page 11, line 19, by changing "centered; be data driven;" to
"centered, be data driven,"; and
on page 11, by inserting immediately below line 31 the following:
"(3) a certified audited financial statement covering the 2
years following initial licensure that indicates the project is
financially feasible;"; and
on page 11, line 32, by changing "(3)" to "(4)"; and
on page 12, line 4, by changing "(4)" to "(5)"; and
on page 12, line 8, by changing "(5)" to "(6)"; and
on page 12, line 20, by changing "(6)" to "(7)"; and
on page 12, line 22, by changing "(7)" to "(8)"; and
on page 12, line 25, by changing "(8)" to "(9)"; and
on page 12, line 30, by changing "(9)" to "(10)"; and
on page 12, line 32, by changing "(10)" to "(11)"; and
on page 15, line 1, by changing "one year" to "one-year"; and
HOUSE OF REPRESENTATIVES 1575
on page 15, line 31, by changing "turpitude," to "turpitude"; and
on page 18, line 26, by changing "turpitude," to "turpitude"; and
on page 19, line 31, by changing "day" to "date"; and
on page 20, line 18, by changing "reporting" to "documenting"; and
on page 20 by replacing lines 31 through 33 with the following:
"For the purposes of this Section, "medication administration"
refers to a licensed health care professional employed by an
establishment engaging in"; and
on page 21 by deleting line 1; and
on page 21 by replacing lines 7 and 8 with the following:
"medication reminders, medication assistance, and medication
administration."; and
on page 21 by replacing line 23 with the following:
"her needs and no resident representative residing in the
establishment has been appointed to"; and
on page 22 by replacing lines 14 and 15 with the following:
"qualified, licensed health care professional;"; and
on page 22 by replacing lines 18 and 19 with the following:
"health care professional;"; and
on page 22 by replacing lines 24 and 25 with the following:
"licensed health care professional;"; and
on page 22 by replacing lines 28 and 29 with the following:
"health care professional;"; and
on page 22 by replacing lines 32 and 33 with the following:
"licensed health care professional;"; and
on page 23, line 8, by changing "through" to "and"; and
on page 23 by deleting lines 18, 19, and 20; and
on page 23, line 21, by changing "(f)" to "(e)"; and
on page 23 by replacing line 27 with the following:
"(f) Subsection (d) of this Section shall not"; and
on page 23 by replacing line 34 with the following:
"(g) Items (3), (4), (5), and (9) of subsection (c)"; and
on page 24 by inserting immediately below line 7 the following:
"(h) For the purposes of this Section, licensed health care
professionals shall not be employed by the establishment, its parent,
or any other entity with common ownership."; and
on page 25, line 8, by changing "situations" to "situations as
defined in Section 10 of this Act".
on page 25, line 25, by changing "may" to "shall"; and
on page 30, line 1, by deleting "permanent"; and
on page 30 by replacing lines 28, 29, and 30 with the following:
"request at any time."; and
on page 31, line 3, by changing "Visits" to "Additional visits"; and
on page 31, line 31, by changing "not" to "need not be"; and
on page 33 by replacing line 4 with the following:
"Public Aid and Human Services, the Department on Aging, the
Office of".
on page 33, line 31, by changing "member's" to "members'"; and
on page 34 by replacing lines 9 through 14 with the following:
"(d) The Board shall be provided copies of all administrative
rules and changes to administrative rules for review and comment
prior to notice being given to the public. If the Board, having been
asked for its"; and
on page 35, line 19, by changing "alzheimer" to "Alzheimer"; and
on page 36 by replacing lines 30 through 32 with the following:
"patterns to respond to the needs of residents."; and
on page 37 by replacing lines 5 and 6 with the following:
"provisions of the Illinois Health Facilities Planning Act. An
establishment licensed under"; and
on page 55, line 15, by changing "law," to "law;".
1576 JOURNAL OF THE [March 18, 1999]
On motion of Representative Joseph Lyons, Amendment No. 1 was
ordered to lie on the table.
Floor Amendment No. 2 remained in the Committee on Rules.
There being no further amendments, the bill was held on the order
of Second 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 Younge, HOUSE BILL 2315 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:
60, Yeas; 56, Nays; 1, 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.
On motion of Representative Dart, HOUSE BILL 210 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:
61, Yeas; 53, Nays; 2, Answering Present.
(ROLL CALL 21) VERIFIED ROLL CALL
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 Currie, HOUSE BILL 2266 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; 1, 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.
On motion of Representative Ryder, HOUSE BILL 2841 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmativ by the following vote:
103, Yeas; 11, Nays; 1, 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.
On motion of Representative Stroger, HOUSE BILL 1959 was taken up
HOUSE OF REPRESENTATIVES 1577
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
69, Yeas; 41, Nays; 7, Answering Present.
(ROLL CALL 24)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Hoffman, HOUSE BILL 1375 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; 38, Nays; 1, Answering Present.
(ROLL CALL 25)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Saviano, HOUSE BILL 1837 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:
98, Yeas; 18, Nays; 1, Answering Present.
(ROLL CALL 26)
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 Reitz, HOUSE BILL 654 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?".
Pending the vote on said bill, on motion of Representative Reitz,
further consideration of HOUSE BILL 654 was postponed.
On motion of Representative Tim Johnson, HOUSE BILL 2733 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 27)
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 Acevedo, HOUSE BILL 1975 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?".
Pending the vote on said bill, on motion of Representative Lang,
further consideration of HOUSE BILL 1975 was postponed.
RECALLS
By unanimous consent, on motion of Representative McCarthy, HOUSE
BILL 999 was recalled from the order of Third Reading to the order of
Second Reading for the purpose of amendment.
And the bill was again taken up on the order of Second Reading.
1578 JOURNAL OF THE [March 18, 1999]
Representative Daniels offered the following amendment and moved
its adoption:
AMENDMENT NO. 8 TO HOUSE BILL 999
AMENDMENT NO. 8. Amend House Bill 999 on page 1, by replacing
lines 1 and 2 with the following:
"AN ACT relating to education."; and
on page 1, by replacing lines 5 and 6 with the following:
"Section 1. Short title. This Act may be cited as the Fund
Education First Act.
Section 5. Educational appropriations. Beginning with fiscal
year 2000 and in each fiscal year thereafter, subject to the
provisions of Section 10 of this Act, the General Assembly shall
appropriate for educational programs an amount that is equal to or
exceeds the sum of: (a) the total amount appropriated from general
funds for educational programs during the fiscal year immediately
preceding the fiscal year for which the appropriation is being made;
and (b) 51% of total new general funds available for spending from
estimated growth in revenues and funds available because of budgeted
program growth and decline in the fiscal year for which the
appropriation is being made, excluding annual State contributions to
the Teachers' Retirement System of the State of Illinois, the Public
School Teachers' Pension and Retirement Fund of Chicago, and the
State Universities Retirement System.
Section 10. State and federal funding. State funding for
educational programs shall continue to be appropriated pursuant to
the formula established in Section 5 until the sum of State and
federal spending represents one-half of the total revenues available
from local, State, and federal sources for elementary and secondary
education programs for the current fiscal year, as estimated by the
State Superintendent of Education.
Section 15. Allocation. Two-thirds of the new general funds to
be appropriated pursuant to clause (b) of Section 5 shall be
appropriated for elementary and secondary educational programs and
one-third shall be appropriated for higher education programs.
Section 20. Governor's budget. Beginning with fiscal year 2001
and in each fiscal year thereafter, the Governor shall include in his
annual budget an allocation for elementary and secondary education
and higher education which conforms to the provisions of this Act.
Section 105. The Illinois Income Tax Act is amended by changing
Section 201 as follows:"; and
on page 20, below line 26, by inserting the following:
"Section 999. Effective date. This Act takes effect upon
becoming law.".
HOUSE OF REPRESENTATIVES 1579
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 8
was ordered engrossed; and the bill as amended was ordered
transcribed, typed and again 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 McCarthy, HOUSE BILL 999 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:
74, Yeas; 41, Nays; 1, Answering Present.
(ROLL CALL 28) VERIFIED ROLL CALL
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 Delgado, HOUSE BILL 312 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
112, Yeas; 3, Nays; 2, Answering Present.
(ROLL CALL 29)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative McCarthy, HOUSE BILL 1325 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:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 30)
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 Murphy, HOUSE BILL 1954 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:
63, Yeas; 52, Nays; 2, Answering Present.
(ROLL CALL 31) VERIFIED ROLL CALL
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 Woolard, HOUSE BILL 734 was taken up
and read by title a third time.
1580 JOURNAL OF THE [March 18, 1999]
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 1, Nays; 0, Answering Present.
(ROLL CALL 32)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Stroger, HOUSE BILL 1208 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:
68, Yeas; 47, Nays; 1, Answering Present.
(ROLL CALL 33)
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 2031. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on
Environment & Energy, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 2031
AMENDMENT NO. 1. Amend House Bill 2031 by replacing the title
with the following:
"AN ACT to amend the Illinois Vehicle Code."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Sections 13-101, 13-103, 13-109, and 13-114 and adding Sections
13-100.1, 13-101.2, 13-102.1, and 13-116.1 as follows:
(625 ILCS 5/13-100.1 new)
Sec. 13-100.1. Definitions As used in this Chapter, "affected
areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will,
Madison, St. Clair, and Monroe and the townships of Aux Sable, Goose
Lake, and Oswego.
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; Certificate of safety.
To promote the safety of the general public, every owner of a second
division vehicle, medical transport vehicle, or tow truck shall,
before operating it upon the highways of Illinois, submit it to a
"safety test" and secure a certificate of safety furnished by the
Department as set forth in Section 13-109. Each second division motor
vehicle that pulls or draws a trailer, semitrailer or pole trailer,
with a gross weight of more than 8,000 lbs or is registered for a
gross weight of more than 8,000 lbs, motor bus, religious
organization bus, school bus, senior citizen transportation vehicle,
and limousine shall be subject to inspection by the Department and
the Department is authorized to establish rules and regulations for
the implementation of such inspections.
The owners of each salvage vehicle shall submit it to a "safety
test" and secure a certificate of safety furnished by the Department
prior to its salvage vehicle inspection pursuant to Section 3-308 of
HOUSE OF REPRESENTATIVES 1581
this Code.
However, none of the provisions of Chapter 13 requiring safety
tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons,
wagon-trailers or like farm vehicles used primarily in
agricultural pursuits;
(b) vehicles other than school buses, tow trucks and
medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population of
1,000,000 or more inhabitants and which are subject to safety
tests imposed by local ordinance or resolution;
(c) a semitrailer or trailer having a gross weight of 5,000
pounds or less including vehicle weight and maximum load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois antique
vehicle plates;
(f) house trailers equipped and used for living quarters;
(g) vehicles registered as and displaying Illinois
permanently mounted equipment plates or similar vehicles eligible
therefor but registered as governmental vehicles provided that if
said vehicle is reclassified from a permanently mounted equipment
plate so as to lose the exemption of not requiring a certificate
of safety, such vehicle must be safety tested within 30 days of
the reclassification;
(h) vehicles owned or operated by a manufacturer, dealer or
transporter displaying a special plate or plates as described in
Chapter 3 of this Code while such vehicle is being delivered from
the manufacturing or assembly plant directly to the purchasing
dealership or distributor, or being temporarily road driven for
quality control testing, or from one dealer or distributor to
another, or are being moved by the most direct route from one
location to another for the purpose of installing special bodies
or equipment, or driven for purposes of demonstration by a
prospective buyer with the dealer or his agent present in the cab
of the vehicle during the demonstration;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State pursuant
to law and displaying a valid registration plate;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the federal
government and externally displays evidence of such ownership;
and
(n) second division vehicles registered for a gross weight
of 8,000 pounds or less, except when such second division motor
vehicles pull or draw a trailer, semi-trailer or pole trailer
having a gross weight of or registered for a gross weight of more
than 8,000 pounds; motor buses; religious organization buses;
school buses; senior citizen transportation vehicles; medical
transport vehicles and tow trucks.
The safety test shall include the testing and inspection of
brakes, lights, horns, reflectors, rear vision mirrors, mufflers,
safety chains, windshields and windshield wipers, warning flags and
flares, frame, axle, cab and body, or cab or body, wheels, steering
apparatus, and other safety devices and appliances required by this
Code and such other safety tests as the Department may by rule or
regulation require, for second division vehicles, school buses,
medical transport vehicles, tow trucks, trailers and semitrailers
subject to inspection.
During one safety test a year, for those diesel powered vehicles
that are registered for a gross weight of more than 8,000 pounds and
1582 JOURNAL OF THE [March 18, 1999]
are registered to a resident or unit of local government of an
affected area, the safety test shall include an emission inspection
by the Department. Those diesel powered vehicles that are registered
for a gross weight of more than 8,000 pounds, are registered to a
resident or a unit of local government of an affected area, and fall
under the description in subsection (b) or (c) of this Section are
required to submit to an annual emission inspection, even if they are
not required to submit to a safety test under this Chapter 13.
For tow trucks, the safety test and inspection shall also include
the inspection of winch mountings, body panels, body mounts, wheel
lift swivel points, and sling straps, and other tests and inspections
the Department by rule requires for tow trucks.
For trucks, truck tractors, trailers, semi-trailers, and buses,
the safety test shall be conducted in accordance with the Minimum
Periodic Inspection Standards promulgated by the Federal Highway
Administration of the U.S. Department of Transportation and contained
in Appendix G to Subchapter B of Chapter III of Title 49 of the Code
of Federal Regulations. Those standards, as now in effect, are made a
part of this Code, in the same manner as though they were set out in
full in this Code.
For those diesel powered vehicles that are registered for a gross
weight of more than 8,000 pounds that are subject to diesel emission
inspections under this Chapter 13, the diesel emission inspections
shall be conducted according to the procedures and standards
established by rule by the Pollution Control Board. Before any
person may inspect a diesel powered vehicle for emission compliance
he or she must receive adequate training and certification for diesel
emission inspections by the Department. The Department is authorized
to promulgate rules for the training and certification of diesel
powered vehicle emission inspection personnel.
The passing of the safety test shall not be a bar at any time to
prosecution for operating a second division vehicle or medical
transport vehicle which is unsafe as determined by the standards
prescribed in this Code.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/13-101.2 new)
Sec. 13-101.2. Random diesel powered vehicle emission
inspections. The Department of State Police is authorized to perform
random emission inspections of diesel powered vehicles that are
registered for a gross weight of more than 8,000 pounds and are
operated on the roadways of this State within the affected areas.
The inspections shall adhere to the procedures and standards
established by the Pollution Control Board. These random emission
inspections shall be conducted by the Department of State Police, or
their authorized agents, at weigh stations, roadside, or other safe
and reasonable locations. Before any person may inspect a diesel
vehicle under this Section, he or she must receive adequate training
and certification for diesel emission inspections by the Department.
The Department is authorized to promulgate rules for the training and
certification of diesel powered vehicle emission inspection
personnel.
(625 ILCS 5/13-102.1 new)
Sec. 13-102.1. Diesel powered vehicle emission inspection
report. Beginning January 1, 2001, the Department of Transportation
and the Department of State Police shall each conduct an annual
study, independent of each other, concerned with the policy of
emission inspections for diesel powered vehicles registered for a
gross weight of more than 8,000 pounds. The studies shall be
reported to the General Assembly by December 31, 2001, and every
December 31 thereafter. The studies shall also be sent to the
Illinois Environmental Protection Agency for its use in environmental
HOUSE OF REPRESENTATIVES 1583
matters.
The studies shall include, but not be limited to, the following
information:
(a) the number of diesel powered vehicles registered for a
gross weight of more than 8,000 pounds that were inspected for
emission compliance conducted by their respective Departments
pursuant to this Chapter 13 during the previous year;
(b) the number of diesel powered vehicles that failed and
passed the emission inspections conducted by their respective
Departments required pursuant to this Chapter 13 during the
previous year; and
(c) the number of diesel powered vehicles that failed the
emission inspections conducted by the respective Departments
pursuant to this Chapter 13 more than once in the previous year.
(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
Sec. 13-109. Safety test prior to application for license -
Subsequent tests - Repairs - Retest.
(a) Except as otherwise provided in Chapter 13, each second
division vehicle and medical transport vehicle, except those vehicles
other than school buses or medical transport vehicles owned or
operated by a municipal corporation or political subdivision having a
population of 1,000,000 or more inhabitants which are subjected to
safety tests imposed by local ordinance or resolution, operated in
whole or in part over the highways of this State shall be subjected
to the safety test provided for in Chapter 13 of this Code. Tests
shall be conducted at an official testing station within 6 months
prior to the application for registration as provided for in this
Code. Subsequently each vehicle shall be subject to tests at least
every 6 months, and in the case of school buses at least every 6
months or 10,000 miles whichever occurs first, and according to
schedules established by rules and regulations promulgated by the
Department. Any component subject to regular inspection which is
damaged in a reportable accident must be reinspected before the bus
is returned to service.
During one safety test a year, for each diesel powered vehicle
that is registered for a gross weight of more than 8,000 pounds and
is registered to a resident or unit of local government of an
affected area, the safety test shall include an emission inspection
by the Department. Those diesel powered vehicles that are registered
for a gross weight of more than 8,000 pounds, are registered to a
resident or a unit of local government of an affected area, and fall
under the description in subsection (b) or (c) of Section 13-101 are
required to submit to an annual emission inspection, even if they are
not required to submit to a safety test under this Chapter 13.
(b) The Department shall also conduct periodic nonscheduled
inspections of school buses, of buses registered as charitable
vehicles and of religious organization buses. If such inspection
reveals that a vehicle is not in substantial compliance with the
rules promulgated by the Department, the Department shall remove the
Certificate of Safety from the vehicle, and shall place the vehicle
out-of-service. A bright orange, triangular decal shall be placed on
an out-of-service vehicle where the Certificate of Safety has been
removed. The vehicle must pass a safety test at an official testing
station before it is again placed in service.
(c) If the violation is not substantial a bright yellow,
triangular sticker shall be placed next to the Certificate of Safety
at the time the nonscheduled inspection is made. The Department
shall reinspect the vehicle after 3 working days to determine that
the violation has been corrected and remove the yellow, triangular
decal. If the violation is not corrected within 3 working days, the
Department shall place the vehicle out-of-service in accordance with
1584 JOURNAL OF THE [March 18, 1999]
procedures in subsection (b).
(d) If a violation is not substantial and does not directly
affect the safe operation of the vehicle, or if the violation is a
violation of the emission standards of the Pollution Control Board
for a diesel powered vehicle registered for a gross weight of more
than 8,000 pounds, the Department shall issue a warning notice
requiring correction of the violation. Such correction shall be
accomplished as soon as practicable and a report of the correction
shall be made to the Department within 30 days in a manner
established by the Department. If the Department has not been
advised that the corrections have been made, and the violations still
exist, the Department shall place the vehicle out-of-service in
accordance with procedures in subsection (b).
(e) The Department is authorized to promulgate regulations to
implement its program of nonscheduled inspections. Causing or
allowing the operation of an out-of-service vehicle with passengers
or unauthorized removal of an out-of-service sticker is a Class 3
felony. Causing or allowing the operation of a vehicle with a 3-day
sticker for longer than 3 days with the sticker attached or the
unauthorized removal of a 3-day sticker is a Class C misdemeanor.
(f) If a second division vehicle or medical transport vehicle is
in safe mechanical condition, as determined pursuant to Chapter 13,
the operator of the official testing station must at once issue to
the second division vehicle or medical transport vehicle a
certificate of safety, in the form and manner prescribed by the
Department, which shall be affixed to the vehicle by the certified
safety tester who performed the safety tests. The owner of the
second division vehicle or medical transport vehicle shall at all
times display the Certificate of Safety on the second division
vehicle or medical transport vehicle in the manner prescribed by the
Department.
(g) If a test shows that a second division vehicle or medical
transport vehicle is not in safe mechanical condition as provided in
this Section, it shall not be operated on the highways until it has
been repaired and submitted to a retest at an official testing
station. If the owner submits the second division vehicle or medical
transport vehicle to a retest at a different official testing station
from that where it failed to pass the first test, he shall present to
the operator of the second station the report of the original test,
and shall notify the Department in writing, giving the name and
address of the original testing station and the defects which
prevented the issuance of a Certificate of Safety, and the name and
address of the second official testing station making the retest.
(h) It is unlawful for any person to operate a diesel powered
vehicle that is registered for a gross weight of more than 8,000
pounds upon the roadways of this State in violation of the smoke
opacity emission standards set forth by the Pollution Control Board.
Notwithstanding any other penalty, whenever a law enforcement officer
of the Department of State Police determines that a diesel powered
vehicle that is registered for a gross weight of more than 8,000
pounds is in violation of the standards promulgated by the Pollution
Control Board, as evidenced by issuance of a citation for a violation
of the standards promulgated by the Pollution Control Board, the
owner or operator of the vehicle shall be guilty of a petty offense
punishable by a fine of not less than $400, except that a third or
subsequent violation within one year of the first violation is a
Class C misdemeanor.
(Source: P.A. 86-447; 86-1223.)
(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
Sec. 13-114. Interstate carriers of property. Any vehicle
registered in Illinois and operated by an interstate carrier of
HOUSE OF REPRESENTATIVES 1585
property shall be exempt from the provisions of this Chapter provided
such carrier has registered with the Bureau of Motor Carrier Safety
of the Federal Highway Administration as an interstate motor carrier
of property and has been assigned a federal census number by such
Bureau. An interstate carrier of property, however, is not exempt
from the provisions of Sections 13-101.2 or Section 13-111(b) of this
Chapter.
Any vehicle registered in Illinois and operated by a private
interstate carrier of property shall be exempt from the provisions of
this Chapter, except the provisions of Sections 13-101.2 or Section
13-111(b), provided it:
1. Is registered with the Bureau of Motor Carrier Safety of the
Federal Highway Administration, and
2. Carries in the motor vehicle documentation issued by the
Bureau of Motor Carrier Safety of the Federal Highway Administration
displaying the federal census number assigned, and
3. Displays on the sides of the motor vehicle the census number,
which must be no less than 2 inches high, with a brush stroke no less
than 1/4 inch wide in a contrasting color.
(Source: P.A. 85-1407.)
(625 ILCS 5/13-116.1 new)
Sec. 13-116.1. Emission inspection funding. The Department of
Transportation and the Department of State Police shall be reimbursed
for all expenses of the testing of diesel powered emission
inspections pursuant to this Chapter 13 when that testing is
conducted within the affected areas, subject to appropriation, from
the General Revenue Fund. No moneys from any fund other than the
General Revenue Fund shall be appropriated the for diesel emission
inspections under this Chapter 13.".
Representative Madigan offered the following amendments and moved
their adoption:
AMENDMENT NO. 2 TO HOUSE BILL 2031
AMENDMENT NO. 2. Amend House Bill 2031, AS AMENDED, by replacing
the title with the following:
"AN ACT concerning motor vehicles, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Diesel Emissions Testing Fund.
Section 10. The Illinois Vehicle Code is amended by changing
Sections 13-101, 13-103, 13-109, and 13-114 and adding Sections
13-100.1, 13-101.2, 13-101.3, 13-102.1, and 13-116.1 as follows:
(625 ILCS 5/13-100.1 new)
Sec. 13-100.1. Definitions As used in this Chapter, "affected
areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will,
Madison, St. Clair, and Monroe and the townships of Aux Sable and
Goose Lake in Grundy County and the township of Oswego in Kendall
County.
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; Certificate of safety.
To promote the safety of the general public, every owner of a second
division vehicle, medical transport vehicle, or tow truck shall,
before operating it upon the highways of Illinois, submit it to a
"safety test" and secure a certificate of safety furnished by the
Department as set forth in Section 13-109. Each second division motor
1586 JOURNAL OF THE [March 18, 1999]
vehicle that pulls or draws a trailer, semitrailer or pole trailer,
with a gross weight of more than 8,000 lbs or is registered for a
gross weight of more than 8,000 lbs, motor bus, religious
organization bus, school bus, senior citizen transportation vehicle,
and limousine shall be subject to inspection by the Department and
the Department is authorized to establish rules and regulations for
the implementation of such inspections.
The owners of each salvage vehicle shall submit it to a "safety
test" and secure a certificate of safety furnished by the Department
prior to its salvage vehicle inspection pursuant to Section 3-308 of
this Code.
However, none of the provisions of Chapter 13 requiring safety
tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons,
wagon-trailers or like farm vehicles used primarily in
agricultural pursuits;
(b) vehicles other than school buses, tow trucks and
medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population of
1,000,000 or more inhabitants and which are subject to safety
tests imposed by local ordinance or resolution;
(c) a semitrailer or trailer having a gross weight of 5,000
pounds or less including vehicle weight and maximum load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois antique
vehicle plates;
(f) house trailers equipped and used for living quarters;
(g) vehicles registered as and displaying Illinois
permanently mounted equipment plates or similar vehicles eligible
therefor but registered as governmental vehicles provided that if
said vehicle is reclassified from a permanently mounted equipment
plate so as to lose the exemption of not requiring a certificate
of safety, such vehicle must be safety tested within 30 days of
the reclassification;
(h) vehicles owned or operated by a manufacturer, dealer or
transporter displaying a special plate or plates as described in
Chapter 3 of this Code while such vehicle is being delivered from
the manufacturing or assembly plant directly to the purchasing
dealership or distributor, or being temporarily road driven for
quality control testing, or from one dealer or distributor to
another, or are being moved by the most direct route from one
location to another for the purpose of installing special bodies
or equipment, or driven for purposes of demonstration by a
prospective buyer with the dealer or his agent present in the cab
of the vehicle during the demonstration;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State pursuant
to law and displaying a valid registration plate;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the federal
government and externally displays evidence of such ownership;
and
(n) second division vehicles registered for a gross weight
of 8,000 pounds or less, except when such second division motor
vehicles pull or draw a trailer, semi-trailer or pole trailer
having a gross weight of or registered for a gross weight of more
than 8,000 pounds; motor buses; religious organization buses;
school buses; senior citizen transportation vehicles; medical
transport vehicles and tow trucks.
The safety test shall include the testing and inspection of
HOUSE OF REPRESENTATIVES 1587
brakes, lights, horns, reflectors, rear vision mirrors, mufflers,
safety chains, windshields and windshield wipers, warning flags and
flares, frame, axle, cab and body, or cab or body, wheels, steering
apparatus, and other safety devices and appliances required by this
Code and such other safety tests as the Department may by rule or
regulation require, for second division vehicles, school buses,
medical transport vehicles, tow trucks, trailers and semitrailers
subject to inspection.
For tow trucks, the safety test and inspection shall also include
the inspection of winch mountings, body panels, body mounts, wheel
lift swivel points, and sling straps, and other tests and inspections
the Department by rule requires for tow trucks.
For trucks, truck tractors, trailers, semi-trailers, and buses,
the safety test shall be conducted in accordance with the Minimum
Periodic Inspection Standards promulgated by the Federal Highway
Administration of the U.S. Department of Transportation and contained
in Appendix G to Subchapter B of Chapter III of Title 49 of the Code
of Federal Regulations. Those standards, as now in effect, are made a
part of this Code, in the same manner as though they were set out in
full in this Code.
Diesel emission inspections conducted under this Chapter 13 shall
be conducted in accordance with the Society of Automotive Engineers
Recommended Practice J1667 "Snap-Acceleration Smoke Test Procedure
for Heavy-Duty Diesel Powered Vehicles" and the cutpoint standards
set forth in the United States Environmental Protection Agency
guidance document "Guidance to States on Smoke Opacity Cutpoints to
be used with the SAE J1667 In-Use Smoke Test Procedure". Those
procedures and standards, as now in effect, are made a part of this
Code, in the same manner as though they were set out in full in this
Code.
The passing of the safety test shall not be a bar at any time to
prosecution for operating a second division vehicle or medical
transport vehicle which is unsafe as determined by the standards
prescribed in this Code.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/13-101.2 new)
Sec. 13-101.2. Nonscheduled diesel powered vehicle emission
inspections. The Department of State Police is authorized to perform
nonscheduled emission inspections of diesel powered vehicles that are
operated on the roadways of this State within the affected areas and
are registered for a gross weight of more than 8,000 pounds. The
inspections shall adhere to the procedures and standards set forth in
Section 13-101. These nonscheduled emission inspections shall be
conducted by the Department of State Police, or their authorized
agents, at weigh stations, roadside, or other safe and reasonable
locations within the affected areas. Before any person may inspect a
diesel vehicle under this Section, he or she must receive adequate
training and certification for diesel emission inspections by the
Department of State Police. The Department of State Police is
authorized to promulgate rules for the training and certification of
persons who conduct emission inspections under this Section.
(625 ILCS 5/13-101.3 new)
Sec. 12-101.3. Pollution Control Board diesel emission standards
and tests. Within 8 months of the effective date of this amendatory
Act of the 91st General Assembly, the Pollution Control Board shall
amend its heavy-duty diesel smoke opacity standards and test
procedures to be consistent with the procedures and standards set
forth in Section 13-101.
(625 ILCS 5/13-102.1 new)
Sec. 13-102.1. Diesel powered vehicle emission inspection
report. Beginning January 1, 2001, the Department of Transportation
1588 JOURNAL OF THE [March 18, 1999]
and the Department of State Police shall each conduct an annual
study, independent of each other, concerned with the results of
emission inspections for diesel powered vehicles registered for a
gross weight of more than 8,000 pounds. The studies shall be
reported to the General Assembly by December 31, 2001, and every
December 31 thereafter. The studies shall also be sent to the
Illinois Environmental Protection Agency for its use in environmental
matters.
The studies shall include, but not be limited to, the following
information:
(a) the number of diesel powered vehicles that were
inspected for emission compliance conducted by their respective
Departments pursuant to this Chapter 13 during the previous year;
(b) the number of diesel powered vehicles that failed and
passed the emission inspections conducted by their respective
Departments required pursuant to this Chapter 13 during the
previous year; and
(c) the number of diesel powered vehicles that failed the
emission inspections conducted by the respective Departments
pursuant to this Chapter 13 more than once in the previous year.
(625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
Sec. 13-103. Official testing stations - Fee - Permit - Bond.
Upon the payment of a fee of $10 and the filing of an application by
the proprietor of any vehicle service station or public or private
garage upon forms furnished by the Department, accompanied by proof
of experience, training and ability of the operator of the testing
equipment, together with proof of installation of approved testing
equipment as defined in Section 13-102 and the giving of a bond
conditioned upon faithful observance of this Section and of rules and
regulations issued by the Department in the amount of $1,000 with
security approved by the Department, the Department shall issue a
permit to the proprietor of such vehicle service station or garage to
operate an Official Testing Station. Such permit shall expire 12
months following its issuance, but may be renewed annually by
complying with the requirements set forth in this Section and upon
the payment of a renewal fee of $10. Proprietors of official testing
stations for which permits have been issued prior to the effective
date of this Act may renew such permits for the renewal fee of $10 on
the expiration of each 12 months following issuance of such permits,
by complying with the requirements set forth in this Section.
However, any city, village or incorporated town shall upon
application to the Department and without payment of any fee or
filing of any bond, but upon proof of experience, training and
ability of the operator of the testing equipment, and proof of the
installation of approved testing equipment as defined in Section
13-102, be issued a permit to operate such testing station as an
Official Testing Station under this Act. The permit so issued shall
at all times be displayed in a prominent place in the vehicle service
station, garage or municipal testing station which is licensed as an
Official Testing Station under this Act. No person or vehicle service
station, garage or municipal testing station shall in any manner
claim or represent himself or itself to be an official testing
station unless a permit has been issued to him or it as provided in
this Section.
Any person or municipality who or which has received a permit
under this Section may test his or its own second division vehicles
and issue certificates of safety with respect to any such second
division vehicles owned, operated or controlled by him or it.
Notwithstanding the above provisions, in no event may any
municipality with a population of over 2,000,000 that has received a
permit under this Section test diesel powered vehicles to determine
HOUSE OF REPRESENTATIVES 1589
compliance with the emission standards set forth in Section 13-101
for the purpose of this Chapter 13.
Each such permit issued by the Department shall state on its face
the location of the official testing station to be operated under the
permit and safety tests shall be made only at such location. However,
the Department may, upon application, authorize a change in the
location of the official testing station and the removal of the
testing equipment to the new location. Upon approval of such
application, the Department shall issue an endorsement which the
applicant shall affix to his permit. Such endorsement constitutes
authority for the applicant to make such change in location and to
remove his testing equipment at the times and to the places stated in
the endorsement.
(Source: P.A. 80-606.)
(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
Sec. 13-109. Safety test prior to application for license -
Subsequent tests - Repairs - Retest.
(a) Except as otherwise provided in Chapter 13, each second
division vehicle and medical transport vehicle, except those vehicles
other than school buses or medical transport vehicles owned or
operated by a municipal corporation or political subdivision having a
population of 1,000,000 or more inhabitants which are subjected to
safety tests imposed by local ordinance or resolution, operated in
whole or in part over the highways of this State shall be subjected
to the safety test provided for in Chapter 13 of this Code. Tests
shall be conducted at an official testing station within 6 months
prior to the application for registration as provided for in this
Code. Subsequently each vehicle shall be subject to tests at least
every 6 months, and in the case of school buses at least every 6
months or 10,000 miles whichever occurs first, and according to
schedules established by rules and regulations promulgated by the
Department. Any component subject to regular inspection which is
damaged in a reportable accident must be reinspected before the bus
is returned to service.
(b) The Department shall also conduct periodic nonscheduled
inspections of school buses, of buses registered as charitable
vehicles and of religious organization buses. If such inspection
reveals that a vehicle is not in substantial compliance with the
rules promulgated by the Department, the Department shall remove the
Certificate of Safety from the vehicle, and shall place the vehicle
out-of-service. A bright orange, triangular decal shall be placed on
an out-of-service vehicle where the Certificate of Safety has been
removed. The vehicle must pass a safety test at an official testing
station before it is again placed in service.
(c) If the violation is not substantial a bright yellow,
triangular sticker shall be placed next to the Certificate of Safety
at the time the nonscheduled inspection is made. The Department
shall reinspect the vehicle after 3 working days to determine that
the violation has been corrected and remove the yellow, triangular
decal. If the violation is not corrected within 3 working days, the
Department shall place the vehicle out-of-service in accordance with
procedures in subsection (b).
(d) If a violation is not substantial and does not directly
affect the safe operation of the vehicle, the Department shall issue
a warning notice requiring correction of the violation. Such
correction shall be accomplished as soon as practicable and a report
of the correction shall be made to the Department within 30 days in a
manner established by the Department. If the Department has not been
advised that the corrections have been made, and the violations still
exist, the Department shall place the vehicle out-of-service in
accordance with procedures in subsection (b).
1590 JOURNAL OF THE [March 18, 1999]
(e) The Department is authorized to promulgate regulations to
implement its program of nonscheduled inspections. Causing or
allowing the operation of an out-of-service vehicle with passengers
or unauthorized removal of an out-of-service sticker is a Class 3
felony. Causing or allowing the operation of a vehicle with a 3-day
sticker for longer than 3 days with the sticker attached or the
unauthorized removal of a 3-day sticker is a Class C misdemeanor.
(f) If a second division vehicle or medical transport vehicle is
in safe mechanical condition, as determined pursuant to Chapter 13,
the operator of the official testing station must at once issue to
the second division vehicle or medical transport vehicle a
certificate of safety, in the form and manner prescribed by the
Department, which shall be affixed to the vehicle by the certified
safety tester who performed the safety tests. The owner of the
second division vehicle or medical transport vehicle shall at all
times display the Certificate of Safety on the second division
vehicle or medical transport vehicle in the manner prescribed by the
Department.
(g) If a test shows that a second division vehicle or medical
transport vehicle is not in safe mechanical condition as provided in
this Section, it shall not be operated on the highways until it has
been repaired and submitted to a retest at an official testing
station. If the owner submits the second division vehicle or medical
transport vehicle to a retest at a different official testing station
from that where it failed to pass the first test, he shall present to
the operator of the second station the report of the original test,
and shall notify the Department in writing, giving the name and
address of the original testing station and the defects which
prevented the issuance of a Certificate of Safety, and the name and
address of the second official testing station making the retest.
(h) During one safety test a year as determined by the
Department, for each diesel powered vehicle that is registered for a
gross weight of more than 8,000 pounds and is registered within an
affected area, the safety test shall include an emission inspection
conducted at an official testing station certified by the Department
to perform diesel emissions inspections pursuant to the procedures
for diesel emissions inspections set forth in Section 13-101. Diesel
powered vehicles that are registered for a gross weight of more than
8,000 pounds, that are registered within an affected area, and that
fall under the description in subsection (b) of Section 13-101 are
required to submit to an emission inspection under this Chapter 13.
If the inspection reveals that the vehicle is not in compliance
with the diesel emission standard set forth in Section 13-101, the
operator of the official testing station shall issue a warning notice
requiring correction of the violation. The correction shall be made
and the vehicle submitted to an emissions retest at an official
testing station certified by the Department to perform diesel
emission inspections within 30 days from the issuance of the warning
notice requiring correction of the violation.
If within 30 days from the issuance of the warning notice, the
vehicle is not in compliance with the diesel emission standards set
forth in Section 13-101 as determined by an emissions retest at an
official testing station, the operator of the official testing
station or the Department shall place the vehicle out-of-service in
accordance with the rules promulgated by the Department. Operating a
vehicle that has been placed out-of-service under this subsection (h)
is a business offense punishable by a $1,000 fine. The vehicle must
pass a diesel emission inspection at an official testing station
before it is again placed in service.
The Secretary of State, Department of State Police, and other law
enforcement officers shall enforce this subsection (h). All moneys
HOUSE OF REPRESENTATIVES 1591
received from fines imposed under this subsection shall be paid into
the Diesel Emissions Testing Fund. All citations issued pursuant to
this subsection shall be considered non-moving violations. The
Department is authorized to promulgate rules to implement its
responsibilities under this Section.
(i) Except as provided in subsection (h) and this subsection
(i), it is unlawful for any person to operate a diesel powered
vehicle that is registered for a gross weight of more than 8,000
pounds upon the roadways of this State in violation of the diesel
emission standards set forth in Section 13-101. Notwithstanding any
other penalty, whenever a law enforcement officer of the Department
of State Police determines that a diesel powered vehicle that is
registered for a gross weight of more than 8,000 pounds is in
violation of the diesel emission standards, as evidenced by issuance
of a citation for a violation of the standards, the operator of the
vehicle shall be guilty of a business offense punishable by a $400
fine, except that a third or subsequent violation within one year of
the first violation is a business offense punishable by a $1,000
fine. In no event may an operator who has received a citation under
this subsection (i) receive, within 30 days of the initial citation,
a second or subsequent citation for operating the same vehicle in
violation of the diesel emission standard under this Chapter. All
moneys received from fines imposed under this subsection shall be
paid into the Diesel Emissions Testing Fund. All citations issued
pursuant to this subsection shall be considered non-moving
violations.
(j) There is hereby created within the State Treasury a special
fund to be known as the Diesel Emissions Testing Fund, constituted
from the fines collected pursuant to subsections (h) and (i) of this
Section. Subject to appropriation, moneys from the Diesel Emissions
Testing Fund shall be available, as a supplement to moneys
appropriated from the General Revenue Fund, to the Department of
Transportation and the Department of State Police for their
implementation of the diesel emission inspection requirements under
this Chapter 13.
(Source: P.A. 86-447; 86-1223.)
(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
Sec. 13-114. Interstate carriers of property. Any vehicle
registered in Illinois and operated by an interstate carrier of
property shall be exempt from the provisions of this Chapter provided
such carrier has registered with the Bureau of Motor Carrier Safety
of the Federal Highway Administration as an interstate motor carrier
of property and has been assigned a federal census number by such
Bureau. An interstate carrier of property, however, is not exempt
from the provisions of Section 13-111(b) of this Chapter.
Any vehicle registered in Illinois and operated by a private
interstate carrier of property shall be exempt from the provisions of
this Chapter, except the provisions of Section 13-111(b), provided
it:
1. is registered with the Bureau of Motor Carrier Safety of
the Federal Highway Administration, and
2. carries in the motor vehicle documentation issued by the
Bureau of Motor Carrier Safety of the Federal Highway
Administration displaying the federal census number assigned, and
3. displays on the sides of the motor vehicle the census
number, which must be no less than 2 inches high, with a brush
stroke no less than 1/4 inch wide in a contrasting color.
Notwithstanding any other provision of this Section, each diesel
powered vehicle that is registered for a gross weight of more than
8,000 pounds, registered within the affected area, and operated by an
interstate carrier of property or a private interstate carrier of
1592 JOURNAL OF THE [March 18, 1999]
property within the affected area is subject to the provisions of
this Chapter that pertain to diesel emission inspections.
(Source: P.A. 85-1407.)
(625 ILCS 5/13-116.1 new)
Sec. 13-116.1. Emission inspection funding. The Department of
Transportation and the Department of State Police shall be reimbursed
for all expenses related to the training, equipment, recordkeeping,
and conducting of diesel powered emission inspections pursuant to
this Chapter 13 when that testing is conducted within the affected
areas, subject to appropriation, from the General Revenue Fund and
the Diesel Emissions Testing Fund. No moneys from any funds other
than the General Revenue Fund and the Diesel Emissions Testing Fund
shall be appropriated for diesel emission inspections under this
Chapter 13.".
AMENDMENT NO. 3 TO HOUSE BILL 2031
AMENDMENT NO. 3. Amend House Bill 2031, AS AMENDED, with
reference to the page and line numbers of House Amendment No. 2, as
follows:
on page 1, immediately below line 11, by inserting the following:
"Section 7. The State Mandates Act is amended by adding Section
8.23 as follows:
(30 ILCS 805/8.23 new)
Sec. 8.23. Exempt mandate. Notwithstanding Section 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of the
91st General Assembly."; and
on page 1, lines 14 and 15 by replacing "and 13-116.1" with
"13-116.1, and 13-117"; and
on page 8, lines 16 and 17 by deleting "with a population of over
2,000,000"; and
on page 15, line 5, after "13.", by inserting the following:
"(625 ILCS 5/13-117 new)
Sec. 13-117. Home rule. A unit of local government within the
affected areas, including home rule units, shall not require or
conduct a diesel emission inspection program that does not meet or
exceed the procedures and standards of the diesel emission
inspections provided for in this Chapter 13. A unit of local
government within the affected areas, including home rule units, must
affirmatively comply with the diesel emission inspection requirements
of this Chapter 13 and does not comply with the diesel emission
inspection requirements of this Chapter 13 by conducting its own
tests. This Section is a limitation under subsection (i) of Section
6 of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised by the
State.".
The motion prevailed and the amendments were adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
RECALLS
By unanimous consent, on motion of Representative Bugielski,
HOUSE BILL 1382 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
HOUSE OF REPRESENTATIVES 1593
By unanimous consent, on motion of Representative Woolard, HOUSE
BILL 733 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
HOUSE BILLS ON SECOND READING
Having been read by title a second time on March 17, 1999 and
held, the following bill was taken up and advanced to the order of
Third Reading: HOUSE BILL 452.
HOUSE BILL 1058. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on
Executive, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1058
AMENDMENT NO. 1. Amend House Bill 1058 by replacing the title
with the following:
"AN ACT concerning higher education partial tuition waivers,
amending named Acts."; and
by replacing everything after the enacting clause with the following:
"(110 ILCS 305/7f rep.)
Section 5. The University of Illinois Act is amended by
repealing Section 7f.
(110 ILCS 520/8f rep.)
Section 10. The Southern Illinois University Management Act is
amended by repealing Section 8f.
(110 ILCS 660/5-90 rep.)
Section 15. The Chicago State University Law is amended by
repealing Section 5-90.
(110 ILCS 665/10-90 rep.)
Section 20. The Eastern Illinois University Law is amended by
repealing Section 10-90.
(110 ILCS 670/15-90 rep.)
Section 25. The Governors State University Law is amended by
repealing Section 15-90.
(110 ILCS 675/20-90 rep.)
Section 30. The Illinois State University Law is amended by
repealing Section 20-90.
(110 ILCS 680/25-90 rep.)
Section 35. The Northeastern Illinois University Law is amended
by repealing Section 25-90.
(110 ILCS 685/30-90 rep.)
Section 40. The Northern Illinois University Law is amended by
repealing Section 30-90.
(110 ILCS 690/35-90 rep.)
Section 45. The Western Illinois University Law is amended by
repealing Section 35-90.
Section 99. Effective date. This Act takes effect July 1,
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.
1594 JOURNAL OF THE [March 18, 1999]
HOUSE BILL 807. Having been read by title a second time on
March 9, 1999, and held on the order of Second Reading, the same was
again taken up and advanced to the order of Third Reading.
HOUSE BILL 2035. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up and advanced to the order of Third Reading.
HOUSE BILL 2751. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on
Constitutional Officers, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 2751
AMENDMENT NO. 1. Amend House Bill 2751 on page 2, line 5, by
replacing "may" with "shall"; and
on page 2, line 6, by replacing "companies," with "companies"; and
on page 2, line 7, by replacing "but" with "that volunteer to
participate in the program, and"; and
on page 2, by inserting the following immediately after line 9:
"(d) The pilot program shall be funded by one or more of the
following:
(1) grants obtained by the Secretary from:
(i) the National Highway Traffic Safety
Administration;
(ii) private foundations; or
(iii) manufacturers of the school bus safety
enhancement device; and
(2) funds made available by lower insurance premiums
resulting from use of the school bus safety enhancement device.";
and
on page 2, line 10, by replacing "(d)" with "(e)".
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 1149. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Labor &
Commerce, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1149
AMENDMENT NO. 1. Amend House Bill 1149 on page 2, by replacing
lines 11 through 17 with the following:
"With respect to the calendar years 1988 through 1999 and
calendar year 2001 and each calendar year thereafter, the term
"wages" includes shall include only the remuneration paid to an
individual by an employer during that period with respect to
employment which does not exceed $9,000.
With respect to the calendar year 2000, the term"; and
on page 8, by replacing lines 6 through 19 with the following:
"the benefit periods of calendar years 1992 through 1999 and calendar
year 2001 and each calendar year thereafter, the statewide average
HOUSE OF REPRESENTATIVES 1595
weekly wage, is shall be the statewide average weekly wage, as
determined in accordance with this sentence, for the immediately
preceding benefit period plus (or minus) an amount equal to the
percentage change in the statewide average weekly wage, as computed
in accordance with the preceding sentences of this paragraph, between
the 2 immediately preceding benefit periods, multiplied by the
statewide average weekly wage, as determined in accordance with this
sentence, for the immediately preceding benefit period. For the
benefit period of 2000, the statewide average weekly wage shall be
$524. Provided however, that for any benefit period after".
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 2646. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 2646
AMENDMENT NO. 1. Amend House Bill 2646 on page 1, lines 2 and 7,
by replacing "2-101, 9-103, 10-102" each time it appears with
"9-103"; and
on page 1 by deleting lines 9 through 31; and
on page 2 by deleting lines 1 through 32; and
on page 4 by deleting lines 3 through 22.
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.
RECALLS
By unanimous consent, on motion of Representative Giles, HOUSE
BILL 1983 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Monique Davis,
HOUSE BILL 722 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 753. Having been read by title a second time on May
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 753
AMENDMENT NO. 1. Amend House Bill 753 as follows:
On page 1, line 12, after "animal.", by inserting "Acts by persons
1596 JOURNAL OF THE [March 18, 1999]
engaged in lawful hunting, fishing, or trapping under the Wildlife
Code or the Fish and Aquatic Life Code and acts that are accepted and
customary practices by persons engaged in scientific or medical
experiments or by persons engaged in meat packing, meat processing,
or the slaughtering of animals or raising or transporting animals for
slaughter shall be exempt from the provisions of this Section.".
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 1829. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Floor Amendment No. 1 remained in the Committee on Rules.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 1176. Having been read by title a second time on
March 12, 1999, and held on the order of Second Reading, the same was
again taken up and advanced to the order of Third Reading.
HOUSE BILL 1818. Having been read by title a second time on
March 12, 1999, and held on the order of Second Reading, the same was
again taken up.
The following amendment was offered in the Committee on Labor &
Commerce, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 1818
AMENDMENT NO. 1. Amend House Bill 1818 on page 3, by replacing
lines 1 through 4 with the following:
"on any construction, as defined in this Act, that includes the
transmission or distribution of gases or liquids or that includes
cable, telecommunications, or electrical power systems, including but
not limited to utility line locating, and all appurtenances and
ancillaries, the project shall be"; and
on page 3, line 9 by changing "laborers, workers, and mechanics" to
"construction employer crafts or trades persons".
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 2255. Having been read by title a second time on
March 12, 1999, and held on the order of Second Reading, the same was
again taken up and advanced to the order of Third Reading.
At the hour of 8:01 o'clock p.m., Representative Currie moved
that the House do now adjourn until Friday, March 19, 1999, at 10:00
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
HOUSE OF REPRESENTATIVES 1597
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAR 18, 1999
YEAS 0 NAYS 117 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ P 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 P 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 P 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 E 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
1598 JOURNAL OF THE [March 18, 1999]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1774
CHILD SUPPORT-ENFORCE-NOTICE
THIRD READING
PASSED
MAR 18, 1999
114 YEAS 0 NAYS 2 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 Y 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 Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
P 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 E PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE P 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 1599
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 382
HEALTH BENEFIT DENIAL NOTICES
THIRD READING
PASSED
MAR 18, 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 Y 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 Y 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 A 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 E 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
1600 JOURNAL OF THE [March 18, 1999]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 90
JUV CT-ADULT PROSCTN & INFO
THIRD READING
PASSED
MAR 18, 1999
112 YEAS 0 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 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 P SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y 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 P MORROW Y STEPHENS
Y COWLISHAW P 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 E PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG P PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1601
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1153
BAN GREYHOUND RACE SIMULCAST
THIRD READING
PASSED
MAR 18, 1999
116 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 Y 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 Y 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 E 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
1602 JOURNAL OF THE [March 18, 1999]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 440
SCH CD-TRUANT-KINDERGARTEN
THIRD READING
PASSED
MAR 18, 1999
113 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 Y 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 Y SOMMER
Y COULSON Y HOLBROOK Y 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 A 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 E 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
P FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1603
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 77
ELDER CARE SAVINGS BOND ACT
THIRD READING
PASSED
MAR 18, 1999
113 YEAS 3 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 Y 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 Y SOMMER
Y COULSON Y HOLBROOK Y 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 N 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 N PARKE Y WOJCIK
Y DELGADO Y KOSEL E 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
1604 JOURNAL OF THE [March 18, 1999]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1832
MEDICAID-COVR SMOKNG CESSATION
THIRD READING
PASSED
MAR 18, 1999
113 YEAS 2 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 Y 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 Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY A 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 N WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL E 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 1605
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 604
VEH CD-VEH DEALER INSURANCE
THIRD READING
PASSED
MAR 18, 1999
106 YEAS 8 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER N LINDNER Y RIGHTER
N 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 N 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 Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
N COULSON Y HOLBROOK Y 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 P OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK
Y DELGADO Y KOSEL E 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
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1606 JOURNAL OF THE [March 18, 1999]
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 39
SCH CD-FREEDOM OF EXPRESSION
THIRD READING
PASSED
MAR 18, 1999
110 YEAS 5 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
N 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 Y 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 Y 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
N DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG P PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1607
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1510
CORRECTIONAL NURSE PRIVATIZE
THIRD READING
PASSED
MAR 18, 1999
116 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 Y 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 Y 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 E 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
1608 JOURNAL OF THE [March 18, 1999]
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 886
CRIM CD-CIV PRO-DISCOVERY DEPO
THIRD READING
PASSED
MAR 18, 1999
115 YEAS 0 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 Y 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 Y 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 E PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE P 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 1609
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2281
PUB WTR DIST-TRUSTEE-COMPENSTN
THIRD READING
PASSED
MAR 18, 1999
72 YEAS 43 NAYS 1 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ E RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
N BOLAND Y GILES N McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY N HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT N SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
N COULSON N HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
N DAVIS,STEVE N KLINGLER N PARKE P WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
1610 JOURNAL OF THE [March 18, 1999]
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 754
BUILDING INSPECTORS LICENSURE
THIRD READING
LOST
MAR 18, 1999
29 YEAS 85 NAYS 2 PRESENT
N ACEVEDO N FOWLER N LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ E RONEN
N BEAUBIEN N FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT N LYONS,JOSEPH N RYDER
N BIGGINS N GASH N MATHIAS N SAVIANO
N BLACK N GIGLIO N MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE N SCHOENBERG
N BOST N GRANBERG N McCARTHY N SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY N HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS N MEYER Y SILVA
Y BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER
N BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
N CAPPARELLI N HOFFMAN N MOORE N SOMMER
N COULSON N HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN N STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
P DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE P KENNER N PANKAU N WIRSING
N DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
N DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN N LANG Y PUGH N ZICKUS
N FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1611
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 279
PROC CD-PERMANENT SUSPENSION
THIRD READING
PASSED
MAR 18, 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 Y 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 Y 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 A 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 E 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
1612 JOURNAL OF THE [March 18, 1999]
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 649
INTERPRETER-DEFENDANT PAY
THIRD READING
PASSED
MAR 18, 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 Y 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 Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY A 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 E 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
HOUSE OF REPRESENTATIVES 1613
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 189
INS COVER CAESARIAN SECTION
THIRD READING
PASSED
MAR 18, 1999
92 YEAS 22 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI Y FRANKS Y LOPEZ E RONEN
Y 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
N BLACK Y GIGLIO N MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
A BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y 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 N MOORE Y SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY A JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK
Y DELGADO N KOSEL E 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 N LEITCH
E - Denotes Excused Absence
1614 JOURNAL OF THE [March 18, 1999]
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1120
INC TX-HOLOCAUST CLAIM CREDIT
THIRD READING
PASSED
MAR 18, 1999
116 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 Y 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 Y 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 E 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 1615
NO. 19
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1265
HLTH CARE TYING ARRANGEMENTS
SECOND READING - AMENDMENT NO. 1
ADOPTED
MAR 18, 1999
110 YEAS 4 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 N 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 Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL A 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 Y 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 A 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 Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE Y WOJCIK
Y DELGADO Y KOSEL E 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
1616 JOURNAL OF THE [March 18, 1999]
NO. 20
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2315
WELFARE TO WORK ACT
THIRD READING
PASSED
MAR 18, 1999
60 YEAS 56 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS N SAVIANO
P BLACK Y GIGLIO N MAUTINO N SCHMITZ
Y BOLAND Y GILES N 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 N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON N HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N 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
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
N DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1617
NO. 21
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 210
STRUCTURAL WORK ACT OF 1999
THIRD READING
PASSED
VERIFIED ROLL CALL
MAR 18, 1999
61 YEAS 53 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS P SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE A 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 N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y 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
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
N DURKIN N KRAUSE N POE Y YOUNGE
P ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
1618 JOURNAL OF THE [March 18, 1999]
NO. 22
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2266
EQUAL PAY ACT OF 1999
THIRD READING
PASSED
MAR 18, 1999
115 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 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 Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
A 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 Y 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 E 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 1619
NO. 23
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2841
ACCESS TO DERMATOLOGISTS
THIRD READING
PASSED
MAR 18, 1999
103 YEAS 11 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 N 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 Y 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 N MOORE Y SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE A 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 N PANKAU Y WIRSING
Y DAVIS,STEVE P KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL E PERSICO Y WOOLARD
N 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
1620 JOURNAL OF THE [March 18, 1999]
NO. 24
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1959
HUMAN SERVICES NEUTRALITY ACT
THIRD READING
PASSED
MAR 18, 1999
69 YEAS 41 NAYS 7 PRESENT
Y ACEVEDO Y FOWLER N LINDNER Y RIGHTER
N BASSI Y FRANKS Y LOPEZ P RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS P GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY P HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD P MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
P CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT
N DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
P DURKIN N KRAUSE N POE Y YOUNGE
P ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1621
NO. 25
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1375
PREVAILING WAGE-NOTICES
THIRD READING
PASSED
MAR 18, 1999
76 YEAS 38 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
A BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO N 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 Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE P JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT
N DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU Y WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
N DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER A REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
1622 JOURNAL OF THE [March 18, 1999]
NO. 26
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1837
INTEREST-HIGHER CREDITORS RATE
THIRD READING
PASSED
MAR 18, 1999
98 YEAS 18 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI P FRANKS N LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N 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
N BOST Y GRANBERG N 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 Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW N STEPHENS
Y COWLISHAW Y HOWARD N MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU N 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 N KLINGLER Y PARKE N WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1623
NO. 27
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2733
SCH CD-ST AID-LOCAL RESOURCES
THIRD READING
PASSED
MAR 18, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y 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 Y 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 E 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
1624 JOURNAL OF THE [March 18, 1999]
NO. 28
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 999
INC TX-EDUCATION EXPENSE CR
THIRD READING
PASSED
VERIFIED ROLL CALL
MAR 18, 1999
74 YEAS 41 NAYS 1 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER
N BASSI N FRANKS Y LOPEZ N RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS N GASH Y MATHIAS Y SAVIANO
P BLACK N GIGLIO N MAUTINO Y SCHMITZ
Y BOLAND N GILES Y McAULIFFE N SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY N SCOTT
Y BRADLEY N HAMOS Y McGUIRE N SCULLY
Y BRADY N HANNIG Y McKEON N SHARP
Y BROSNAHAN N HARRIS N MEYER Y SILVA
N BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT N MOFFITT N SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
N COULSON Y HOLBROOK N MORROW Y STEPHENS
Y COWLISHAW N HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN N MURPHY Y TENHOUSE
N CROTTY N JOHNSON,TIM Y MYERS N TURNER,ART
N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
N CURRY Y JONES,JOHN N O'BRIEN Y WAIT
Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL
Y DART A JONES,SHIRLEY Y OSMOND Y WINTERS
N DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
N DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL E PERSICO N WOOLARD
Y DURKIN Y KRAUSE Y POE N YOUNGE
Y ERWIN N LANG N PUGH Y ZICKUS
N FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 1625
NO. 29
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 312
CHILD WELFARE LICENSE-DEEMED
THIRD READING
PASSED
MAR 18, 1999
112 YEAS 3 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 N SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW P 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
N DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
P DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL E 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
1626 JOURNAL OF THE [March 18, 1999]
NO. 30
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1325
MENTAL HLTH ADMIN-REPORTING
THIRD READING
PASSED
MAR 18, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y 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 Y 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 E 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 1627
NO. 31
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1954
MINIMUM WAGE-ANNUALLY ADJUSTED
THIRD READING
PASSED
VERIFIED ROLL CALL
MAR 18, 1999
63 YEAS 52 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ Y RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N 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 N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N 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
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
P DURKIN N KRAUSE N POE Y YOUNGE
P ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
1628 JOURNAL OF THE [March 18, 1999]
NO. 32
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 734
CD CORR-GANG CONTROL
THIRD READING
PASSED
MAR 18, 1999
116 YEAS 1 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y 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 Y 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 N WOJCIK
Y DELGADO Y KOSEL E 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 1629
NO. 33
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1208
ED LABOR REL-EMPLOYEE-GRAD STU
THIRD READING
PASSED
MAR 18, 1999
68 YEAS 47 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO N MAUTINO N 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 N MEYER Y SILVA
A BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI N HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE N HOEFT P MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN Y O'BRIEN N WAIT
N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL E PERSICO Y WOOLARD
N DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
[ Top ]