STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
95TH LEGISLATIVE DAY
WEDNESDAY, FEBRUARY 16, 2000
12:00 O'CLOCK NOON
NO. 95
[February 16, 2000] 2
HOUSE OF REPRESENTATIVES
Daily Journal Index
95th Legislative Day
Action Page(s)
Adjournment........................................ 48
Balanced Budget Notes Requested.................... 7
Balanced Budget Notes Supplied..................... 7
Change of Sponsorship.............................. 20
Committee on Rules Referrals....................... 6
Correctional Budget and Impact Notes Supplied...... 7
Fiscal Notes Requested............................. 6
Fiscal Notes Supplied.............................. 6
Home Rule Impact Notes Supplied.................... 7
Home Rule Notes Requested.......................... 7
Introduction and First Reading - HB4705............ 20
Judicial Notes Requested........................... 7
Letter of Transmittal.............................. 5
Pension Impact Notes Supplied...................... 7
Quorum Roll Call................................... 5
State Debt Impact Note Requested................... 7
State Mandate Notes Requested...................... 6
State Mandates Notes Supplied...................... 6
Temporary Committee Assignments.................... 5
Bill Number Legislative Action Page(s)
HB 2882 Second Reading - Amendment/s....................... 25
HB 2884 Committee Report................................... 12
HB 2896 Committee Report................................... 19
HB 2902 Committee Report................................... 8
HB 2947 Second Reading..................................... 25
HB 2949 Second Reading..................................... 25
HB 2954 Committee Report................................... 8
HB 2961 Committee Report................................... 8
HB 2965 Committee Report................................... 14
HB 2970 Second Reading - Amendment/s....................... 46
HB 2971 Motion............................................. 24
HB 2985 Committee Report................................... 8
HB 2991 Committee Report................................... 15
HB 2997 Committee Report................................... 15
HB 3027 Second Reading - Amendment/s....................... 26
HB 3037 Committee Report................................... 15
HB 3052 Committee Report................................... 12
HB 3059 Third Reading...................................... 32
HB 3093 Committee Report................................... 11
HB 3112 Committee Report................................... 15
HB 3157 Committee Report................................... 17
HB 3225 Committee Report................................... 18
HB 3229 Committee Report................................... 18
HB 3233 Committee Report................................... 19
HB 3239 Committee Report................................... 15
HB 3254 Committee Report................................... 8
HB 3319 Committee Report................................... 8
HB 3324 Committee Report................................... 19
HB 3406 Third Reading...................................... 31
HB 3423 Committee Report................................... 7
HB 3435 Committee Report................................... 8
HB 3455 Committee Report................................... 19
HB 3457 Third Reading...................................... 32
HB 3469 Committee Report................................... 15
HB 3490 Committee Report................................... 12
3 [February 16, 2000]
Bill Number Legislative Action Page(s)
HB 3500 Committee Report................................... 13
HB 3535 Committee Report................................... 20
HB 3547 Committee Report................................... 11
HB 3557 Committee Report................................... 15
HB 3610 Action on Motion................................... 31
HB 3636 Committee Report................................... 19
HB 3831 Recall............................................. 31
HB 3838 Second Reading - Amendment/s....................... 32
HB 3850 Committee Report................................... 13
HB 3852 Committee Report................................... 11
HB 3858 Committee Report................................... 8
HB 3859 Second Reading..................................... 25
HB 3868 Committee Report................................... 12
HB 3881 Committee Report................................... 20
HB 3903 Committee Report................................... 17
HB 3906 Committee Report................................... 18
HB 3928 Committee Report................................... 12
HB 3935 Committee Report................................... 15
HB 3951 Second Reading - Amendment/s....................... 46
HB 3966 Committee Report................................... 13
HB 3981 Committee Report................................... 13
HB 3990 Third Reading...................................... 46
HB 3993 Committee Report................................... 13
HB 4022 Second Reading..................................... 25
HB 4029 Committee Report................................... 8
HB 4030 Committee Report................................... 8
HB 4043 Committee Report................................... 19
HB 4070 Committee Report................................... 14
HB 4089 Second Reading - Amendment/s....................... 45
HB 4092 Committee Report................................... 18
HB 4093 Committee Report................................... 13
HB 4138 Committee Report................................... 18
HB 4144 Third Reading...................................... 46
HB 4160 Committee Report................................... 14
HB 4161 Committee Report................................... 13
HB 4165 Committee Report................................... 12
HB 4181 Committee Report................................... 8
HB 4182 Committee Report................................... 13
HB 4260 Committee Report................................... 12
HB 4261 Committee Report................................... 12
HB 4263 Committee Report................................... 17
HB 4265 Committee Report................................... 13
HB 4266 Committee Report................................... 13
HB 4269 Committee Report................................... 14
HB 4277 Action on Motion................................... 31
HB 4280 Committee Report................................... 19
HB 4300 Committee Report................................... 15
HB 4320 Committee Report................................... 20
HB 4324 Committee Report................................... 20
HB 4341 Committee Report................................... 15
HB 4348 Committee Report................................... 15
HB 4349 Committee Report................................... 18
HB 4351 Committee Report................................... 18
HB 4352 Second Reading..................................... 25
HB 4369 Committee Report................................... 14
HB 4404 Second Reading..................................... 25
HB 4407 Committee Report................................... 15
HB 4433 Second Reading..................................... 25
HB 4447 Committee Report................................... 7
HB 4466 Committee Report................................... 11
HB 4481 Committee Report................................... 11
HB 4482 Committee Report................................... 11
HB 4483 Committee Report................................... 15
HB 4525 Committee Report................................... 7
[February 16, 2000] 4
Bill Number Legislative Action Page(s)
HB 4611 Committee Report................................... 8
HB 4632 Second Reading..................................... 46
HB 4650 Second Reading..................................... 25
HB 4693 Committee Report................................... 14
HC 0019 Committee Report................................... 8
HR 0524 Adoption........................................... 47
HR 0587 Agreed Resolution.................................. 20
HR 0588 Agreed Resolution.................................. 21
HR 0589 Agreed Resolution.................................. 21
HR 0590 Agreed Resolution.................................. 22
HR 0591 Agreed Resolution.................................. 22
HR 0592 Agreed Resolution.................................. 23
HR 0594 Adoption........................................... 31
HR 0594 Committee Report................................... 6
HR 0594 Resolution......................................... 24
SB 0618 Adopt First Conference Committee Report............ 25
5 [February 16, 2000]
The House met pursuant to adjournment.
Representative Hartke in the Chair.
Prayer by LeeArthur Crawford, Assistant Pastor with the Victory
Temple Church in Springfield, Illinois.
Representative Persico led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain the
attendance of Members, as follows:
115 present. (ROLL CALL 1)
By unanimous consent, Representative Morrow was excused from
attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Osmond replaced Representative Brady in the
Committee on Insurance on February 15, 2000.
Representative Brady replaced Representative Schmitz, and
Representative Skinner replaced Representative Zickus in the Committee
on Transportation & Motor Vehicles on February 15, 2000.
Representative Wojcik replaced Representative Saviano, and
Representative Mathias replaced Representative Brady in the Committee
on Financial Institutions on February 15, 2000.
Representative Ryder will replace Representative Tim Johhnson in
the Committee on Higher Education, for today only.
Representative Kosel will replace Representative Schmitz in the
Committee on State Government Administration, for today only.
Representative Mathias will replace Representative Kosel in the
Committee on Registration & Regulation, for today only.
Representative Moore will replace Representative Biggins in the
Committee on Electric Utility Deregulation, for today only.
Representative Osmond will replace Representative Mathias in the
Committee on Judiciary I-Civil Law, for today only.
LETTER OF TRANSMITTAL
GENERAL ASSEMBLY
STATE OF ILLINOIS
Mr. Anthony D. Rossi
Chief Clerk of the House
402 State Capitol Building
Springfield, IL 62706
Dear Clerk Rossi:
Please be advised that I have extended the Committee Deadline for the
attached House Bills until February 25, 2000.
If you have any questions or require additional information, please
contact Tim Mapes, my Chief of Staff.
With kindest personal regards, I remain
Sincerely,
s/Michael J. Madigan
Speaker of the House
HOUSE BILLS 2933, 3203, 3204, 3206, 3207, 3208, 3209, 3210, 3211, 3212,
3213, 3214, 3215, 3216, 3250, 3251, 3281, 3282, 3305, 3306, 3550, 3902,
3987, 4114, 4163, 4167, 4175, 4345, 4355, 4356, 4357, 4358, 4359, 4360,
4361, 4362, 4363, 4364, 4365, 4366, 4367, 4368, 4373, 4376, 4378, 4379,
4380, 4381, 4382, 4383, 4384, 4385, 4386, 4387, 4388, 4390, 4391, 4392,
[February 16, 2000] 6
4393, 4394, 4395, 4398, 4399, 4400, 4401, 4402, 4403, 4432, 4434, 4435,
4436, 4437, 4438, 4439, 4440, 4441, 4442, 4443, 4444, 4445, 4446, 4491,
4492, 4493, 4494, 4495, 4496, 4497, 4498, 4499, 4500, 4501, 4502, 4503,
4504, 4505, 4506, 4507, 4508, 4509, 4510, 4511, 4512, 4513, 4514, 4515,
4516, 4517, 4518, 4519, 4520, 4521, 4522, 4523, 4527, 4528, 4529, 4538,
4539, 4540, 4541, 4542, 4543, 4544, 4545, 4546, 4547, 4548, 4549, 4550,
4551, 4552, 4553, 4554, 4555, 4556, 4557, 4558, 4559, 4560, 4561, 4562,
4563, 4564, 4565, 4567, 4568, 4569, 4570, 4571, 4572, 4573, 4574, 4575,
4576, 4577, 4578, 4579, 4580 and 4581.
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 resolution be reported "recommends be adopted" and be
placed on the House Calendar: HOUSE RESOLUTION 594.
The committee roll call vote on HOUSE RESOLUTION 594 is as follows:
5, Yeas; 0, Nays; 0, Answering Present.
Y Currie, Chair Y Ryder
Y Hannig Y Tenhouse
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 Executive: HOUSE BILL 3610.
REQUEST FOR FISCAL NOTE
Representative Black requested that a Fiscal Notes be supplied for
HOUSE BILLS 2954, 3106, as amended, 3239, 3262, 3935 and 4336; HOUSE
JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 19.
Representative Tenhouse requested that Fiscal Notes be supplied for
HOUSE BILLS 3858 and 4480, as amended.
FISCAL NOTE SUPPLIED
A Fiscal Notes have been supplied for HOUSE BILLS 4274, 4277, 4325,
4531, 4593, 4594, 4621, 4622 and 4625.
REQUEST FOR STATE MANDATE NOTES
Representative Black requested that State Mandate Notes be supplied
for HOUSE BILLS 2954, 3106, as amended, 3239, 3262, 3935 and 4632, as
amended; HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 19.
Representative Tenhouse requested that State Mandate Notes be
supplied for HOUSE BILLS 3858 and 4480, as amended.
STATE MANDATES NOTES SUPPLIED
State Mandate Notes have been supplied for HOUSE BILLS 3053, 3117
and 4325.
7 [February 16, 2000]
CORRECTIONAL BUDGET AND IMPACT NOTES SUPPLIED
Correctional Budget and Impact Notes have been supplied for HOUSE
BILLS 4274, 4277, 4531, 4593, 4594, 4621, 4622 and 4625.
REQUEST FOR HOME RULE NOTES
Representative Black requested that Home Rule Notes be supplied for
HOUSE BILLS 3106, as amended, 3262 and 3935; HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 19.
HOME RULE IMPACT NOTES SUPPLIED
Home Rule Impact Notes have been supplied for HOUSE BILLS 3027 and
3315.
REQUEST FOR STATE DEBT IMPACT NOTE
Representative Black requested that a State Debt Impact Note be
supplied for HOUSE BILL 4336; HOUSE JOINT RESOUTION CONSTITUTIONAL
AMENDMENT 19.
PENSION IMPACT NOTES SUPPLIED
Pension Impact Notes have been supplied for HOUSE BILLS 4154, 4188,
4193, 4195, and 4339.
REQUEST FOR BALANCED BUDGET NOTES
Representative Black requested that Balanced Budget Notes be
supplied for HOUSE BILL 4336; HOUSE JOINT RESOLUTION CONSTITUTIONAL
AMENDMENT NO. 19.
BALANCED BUDGET NOTES SUPPLIED
Balanced Budget Notes have been supplied for HOUSE BILL 4336; HOUSE
JOINT RESOLUTION CONSTITUTIONAL AMENDMENT NO. 19.
REQUEST FOR JUDICIAL NOTE
Representative Black requested that a Judicial Notes be supplied
for HOUSE BILLS 3239, 3935 and 4336.
Representative Tenhouse requested that a Judicial Note be supplied
for HOUSE BILL 4480, as amended.
REPORTS FROM STANDING COMMITTEES
Representative Schoenberg, Chairperson, from the Committee on
Appropriations-General Services & Government Oversight to which the
following were referred, action taken earlier today, and reported the
same back with the following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 4447 and 4525.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILL 3423.
The committee roll call vote on HOUSE BILL 4525 is as follows:
9, Yeas; 2, Nays; 2, Answering Present.
[February 16, 2000] 8
Y Schoenberg, Chair Y Kenner (Hannig)
P Biggins, Spkpn Y Lindner
Y Fritchey P Mathias
Y Garrett Y Silva
Y Gash Y Slone, V-Chair (Franks)
N Jones, John N Sommer
Y Winters
The committee roll call vote on HOUSE BILL 4447 is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Schoenberg, Chair Y Kenner (Hannig)
Y Biggins, Spkpn Y Lindner
Y Fritchey Y Mathias
Y Garrett Y Silva
Y Gash A Slone, V-Chair (Franks)
Y Jones, John Y Sommer
Y Winters
The committee roll call vote on HOUSE BILL 3423 is as follows:
11, Yeas; 2, Nays; 0, Answering Present.
Y Schoenberg, Chair Y Kenner (Hannig)
Y Biggins, Spkpn Y Lindner
Y Fritchey Y Mathias
Y Garrett Y Silva
Y Gash Y Slone, V-Chair (Franks)
N Jones, John N Sommer
Y Winters
Representative Joseph Lyons, Chairperson, from the Committee on
Child Support Enforcement to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 4611.
The committee roll call vote on HOUSE BILL 4611 is as follows:
9, Yeas; 4, Nays; 0, Answering Present.
Y Lyons, Joseph, Chair Y Giglio
Y Bellock Y Hamos
N Black N Lyons, Eileen, Spkpn
Y Brady (Hoeft) Y McCarthy
Y Crotty N Mitchell, Jerry
Y Curry, Julie Y O'Brien, V-Chair
N Schmitz
Representative Woolard, Chairperson, from the Committee on
Elementary & Secondary Education to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 2961 and 2985.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 2902, 2954, 3254, 3319,
3435, 3858, 4029, 4030 and 4181.
That the Constitutional Amendment be reported "do pass" and be
placed on the order of Second Reading-Standard Debate: HOUSE JOINT
RESOLUTION CONSTITUTIONAL AMENDMENT 19.
The committee roll call vote on HOUSE BILLS 2961 and 2985 is as
follows:
23, Yeas; 0, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
9 [February 16, 2000]
Y Bassi Y Jones, John
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
Y Davis, Monique, V-Chair Y Mulligan
Y Delgado Y Murphy
Y Fowler Y O'Brien (Mautino)
Y Garrett Y Persico
Y Giles Y Scully
Y Hoeft Y Smith, Michael
Y Winkel
The committee roll call vote on HOUSE BILLS 2954, 3254, 3435 and
4181 is as follows:
23, Yeas; 0, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
Y Bassi Y Jones, John
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
Y Davis, Monique, V-Chair Y Mulligan
Y Delgado Y Murphy
Y Fowler Y O'Brien (Mautino)
Y Garrett Y Persico
Y Giles Y Scully
Y Hoeft Y Smith, Michael
Y Winkel
The committee roll call vote on HOUSE BILL 2902 is as follows:
22, Yeas; 0, Nays; 1, Answering Present.
Y Woolard, Chair Y Johnson, Tom
Y Bassi Y Jones, John
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
P Davis, Monique, V-Chair Y Mulligan
Y Delgado Y Murphy
Y Fowler Y O'Brien (Mautino)
Y Garrett Y Persico
Y Giles Y Scully
Y Hoeft Y Smith, Michael
Y Winkel
The committee roll call vote on HOUSE BILL 3319 is as follows:
18, Yeas; 0, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
A Bassi Y Jones, John
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
A Davis, Monique, V-Chair A Mulligan
Y Delgado Y Murphy
Y Fowler Y O'Brien (Mautino)
Y Garrett A Persico
A Giles Y Scully
Y Hoeft Y Smith, Michael
Y Winkel
The committee roll call vote on HOUSE BILL 3858 is as follows:
20, Yeas; 0, Nays; 2, Answering Present.
Y Woolard, Chair P Johnson, Tom
Y Bassi Y Jones, John
[February 16, 2000] 10
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
Y Davis, Monique, V-Chair A Mulligan
Y Delgado Y Murphy
Y Fowler Y O'Brien (Mautino)
Y Garrett Y Persico
Y Giles Y Scully
P Hoeft Y Smith, Michael
Y Winkel
The committee roll call vote on HOUSE BILL 4029 is as follows:
19, Yeas; 0, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
A Bassi Y Jones, John
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
Y Curry, Julie Y Moffitt
Y Davis, Monique, V-Chair A Mulligan
Y Delgado Y Murphy
Y Fowler Y O'Brien (Mautino)
Y Garrett A Persico
A Giles Y Scully
Y Hoeft Y Smith, Michael
Y Winkel
The committee roll call vote on HOUSE BILL 4030 is as follows:
17, Yeas; 0, Nays; 0, Answering Present.
Y Woolard, Chair Y Johnson, Tom
A Bassi Y Jones, John
Y Cowlishaw, Spkpn Y Krause
Y Crotty Y Mitchell, Jerry
A Curry, Julie Y Moffitt
A Davis, Monique, V-Chair A Mulligan
Y Delgado Y Murphy
Y Fowler Y O'Brien (Mautino)
Y Garrett A Persico
A Giles Y Scully
Y Hoeft Y Smith, Michael
Y Winkel
The committee roll call vote on HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 19 is as follows:
12, Yeas; 9, Nays; 2, Answering Present.
Y Woolard, Chair N Johnson, Tom
P Bassi N Jones, John
N Cowlishaw, Spkpn N Krause
Y Crotty P Mitchell, Jerry
Y Curry, Julie N Moffitt
Y Davis, Monique, V-Chair N Mulligan
Y Delgado Y Murphy
Y Fowler Y O'Brien (Mautino)
Y Garrett N Persico
Y Giles Y Scully
N Hoeft Y Smith, Michael
N Winkel
Representative Novak, Chairperson, from the Committee on
Environment & Energy to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass" and be placed on the order of
11 [February 16, 2000]
Second Reading -- Short Debate: HOUSE BILLS 4466, 4481 and 4482.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 3093, 3547 and
3852.
The committee roll call vote on HOUSE BILLS 3547 and 4481 is as
follows:
16, Yeas; 0, Nays; 0, Answering Present.
Y Novak, Chair Y Hultgren
Y Beaubien Y Jones, Shirley
Y Bradley Y Lawfer
Y Davis, Steve, V-Chair Y Moore, Andrea
Y Durkin Y Murphy
Y Hartke Y Parke
Y Hassert, Spkpn Y Persico
Y Holbrook Y Reitz
A Stroger (Scully)
The committee roll call vote on HOUSE BILL 4466 is as follows:
15, Yeas; 0, Nays; 0, Answering Present.
Y Novak, Chair Y Hultgren
Y Beaubien A Jones, Shirley
Y Bradley Y Lawfer
Y Davis, Steve, V-Chair Y Moore, Andrea
Y Durkin Y Murphy
Y Hartke Y Parke
Y Hassert, Spkpn Y Persico
Y Holbrook Y Reitz
A Stroger (Scully)
The committee roll call vote on HOUSE BILL 4482 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Novak, Chair Y Hultgren
Y Beaubien A Jones, Shirley
Y Bradley Y Lawfer
Y Davis, Steve, V-Chair Y Moore, Andrea
Y Durkin Y Murphy
Y Hartke A Parke
Y Hassert, Spkpn Y Persico
A Holbrook A Reitz
Y Stroger (Scully)
The committee roll call vote on HOUSE BILL 3093 is as follows:
14, Yeas; 1, Nays; 1, Answering Present.
Y Novak, Chair Y Hultgren
Y Beaubien A Jones, Shirley
Y Bradley N Lawfer
Y Davis, Steve, V-Chair Y Moore, Andrea
Y Durkin Y Murphy
P Hartke Y Parke
Y Hassert, Spkpn Y Persico
Y Holbrook Y Reitz
Y Stroger (Scully)
The committee roll call vote on HOUSE BILL 3852 is as follows:
15, Yeas; 1, Nays; 0, Answering Present.
Y Novak, Chair Y Hultgren
Y Beaubien Y Jones, Shirley
Y Bradley Y Lawfer
Y Davis, Steve, V-Chair Y Moore, Andrea
Y Durkin N Murphy
Y Hartke Y Parke
[February 16, 2000] 12
Y Hassert, Spkpn Y Persico
Y Holbrook Y Reitz
A Stroger
Representative Burke, Chairperson, from the Committee on Executive
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 2068, 2069, 2499, 2910,
2992, 3052, 3130, 3131, 3132, 3143, 3144, 3184, 3186, 3189, 3240, 3257,
3402, 3404, 3442, 3460, 3478, 3490, 3559, 3568, 3574, 3576, 3583, 3588,
3595, 3599, 3603, 3606, 3608, 3609, 3612, 3613, 3615, 3616, 3617, 3619,
3620, 3621, 3623, 3626, 3628, 3629, 3635, 3637, 3640, 3646, 3647, 3649,
3651, 3562, 3654, 3655, 3665, 3671, 3678, 3681, 3685, 3691, 3693, 3694,
3699, 3701, 3706, 3708, 3712, 3720, 3746, 3751, 3756, 3758, 3761, 3768,
3771, 3773, 3779, 3785, 3788, 3806, 3808, 3872, 3873, 3874, 3875, 3876,
3886, 3887, 3930, 3939, 4199, 4201, 4202, 4203, 4204, 4206, 4208, 4209,
4211, 4212, 4213, 4214, 4215, 4220, 4224, 4226, 4227, 4228, 4229, 4230,
4231, 4232, 4233, 4234, 4236, 4237, 4238, 4240, 4242, 4243, 4244, 4249,
4253, 4258, 4260, 4261, 4270, 4284, 4309, 4372, 4374, 4375, 4377, 4409,
4421, 4582, 4583, 4584, 4585, 4586, 4587, 4588, 4656, 4659, 4663, 4668,
4699 and 4700
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Standard Debate: HOUSE BILLS 3868 and 3928.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 3052, 4165, 4260
and 4261.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Standard Debate: HOUSE BILL 2884.
The committee roll call vote on HOUSE BILL 2884 is as follows:
8, Yeas; 4, Nays; 1, Answering Present.
Y Burke, Chair Y Fritchey, V-Chair (Hannig)
Y Acevedo N Hassert
A Beaubien P Jones, Lou
Y Biggins Y Lopez
Y Bradley N Pankau
Y Bugielski N Poe, Spkpn
Y Capparelli A Rutherford
N Tenhouse
The committee roll call vote on HOUSE BILL 3490 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair A Fritchey, V-Chair
A Acevedo Y Hassert
Y Beaubien A Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
A Tenhouse
The committee roll call vote on HOUSE BILLS 3868 and 3928 is as
follows:
8, Yeas; 7, Nays; 0, Answering Present.
Y Burke, Chair Y Fritchey, V-Chair (Hannig)
Y Acevedo N Hassert
N Beaubien Y Jones, Lou
N Biggins Y Lopez
Y Bradley N Pankau
Y Bugielski N Poe, Spkpn
Y Capparelli N Rutherford
N Tenhouse
13 [February 16, 2000]
The committee roll call vote on HOUSE BILL 2068, 2069, 2499, 2910,
2992, 3052, 3130, 3131, 3132, 3143, 3144, 3184, 3186, 3189, 3240, 3257,
3402, 3404, 3442, 3460, 3478, 3559, 3568, 3574, 3576, 3583, 3588, 3595,
3599, 3603, 3606, 3608, 3609, 3612, 3613, 3615, 3616, 3617, 3619, 3620,
3621, 3623, 3626, 3628, 3629, 3635, 3637, 3640, 3646, 3647, 3649, 3651,
3562, 3654, 3655, 3665, 3671, 3678, 3681, 3685, 3691, 3693, 3694, 3699,
3701, 3706, 3708, 3712, 3720, 3746, 3751, 3756, 3758, 3761, 3768, 3771,
3773, 3779, 3785, 3788, 3806, 3808, 3872, 3873, 3874, 3875, 3876, 3886,
3887, 3930, 3939, 4199, 4201, 4202, 4203, 4204, 4206, 4208, 4209, 4211,
4212, 4213, 4214, 4215, 4220, 4224, 4226, 4227, 4228, 4229, 4230, 4231,
4232, 4233, 4234, 4236, 4237, 4238, 4240, 4242, 4243, 4244, 4249, 4253,
4258, 4260, 4261, 4270, 4284, 4309, 4372, 4374, 4375, 4377, 4409, 4421,
4582, 4583, 4584, 4585, 4586, 4587, 4588, 4656, 4659, 4663, 4668, 4699
and 4700 is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair A Fritchey, V-Chair
A Acevedo Y Hassert
Y Beaubien A Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
The committee roll call vote on HOUSE BILL 4165 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair A Fritchey, V-Chair
A Acevedo Y Hassert
Y Beaubien Y Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
Representative Erwin, Chairperson, from the Committee on Higher
Education to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 3850, 3993, 4161 and 4265.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 3500, 3966, 3981,
4093, 4182 and 4266.
The committee roll call vote on HOUSE BILLS 3850, 3993, 4093, 4161,
4182, and 4265 is as follows:
15, Yeas; 0, Nays; 0, Answering Present.
Y Erwin, Chair Y Lopez
Y Bost Y Myers, Richard
Y Davis, Monique Y Righter
Y Giles Y Smith, Michael
Y Howard Y Winkel
Y Johnson, Tim (Ryder) Y Wirsing, Spkpn
Y Klingler Y Woolard
Y Younge
The committee roll call vote on HOUSE BILL 4266 is as follows:
11, Yeas; 3, Nays; 1, Answering Present.
Y Erwin, Chair Y Lopez
Y Bost P Myers, Richard
N Davis, Monique Y Righter
Y Giles Y Smith, Michael
[February 16, 2000] 14
Y Howard Y Winkel
Y Johnson, Tim (Ryder) Y Wirsing, Spkpn
N Klingler Y Woolard
N Younge
The committee roll call vote on HOUSE BILLS 3500, 3966 and 3981 is
as follows:
15, Yeas; 0, Nays; 0, Answering Present.
Y Erwin, Chair Y Lopez
Y Bost Y Myers, Richard
Y Davis, Monique Y Righter
Y Giles Y Smith, Michael
Y Howard Y Winkel
Y Johnson, Tim Y Wirsing, Spkpn
Y Klingler Y Woolard
Y Younge
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 bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 2965, 4160 and
4269.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 4070, 4369 and 4693.
The committee roll call vote on HOUSE BILL 2965 is as follows:
9, Yeas; 1, Nays; 2, Answering Present.
Y Feigenholtz, Chair N Kosel, Spkpn
Y Bellock Y Myers, Richard
P Coulson Y Pugh
Y Flowers Y Schoenberg, V-Chair
Y Howard Y Sharp
A Kenner Y Winters
P Wirsing
The committee roll call vote on HOUSE BILL 4160 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
A Feigenholtz, Chair A Kosel, Spkpn
Y Bellock Y Myers, Richard
Y Coulson A Pugh
A Flowers Y Schoenberg, V-Chair
Y Howard Y Sharp
A Kenner Y Winters
Y Wirsing
The committee roll call vote on HOUSE BILL 4269 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair Y Kosel, Spkpn
Y Bellock Y Myers, Richard
Y Coulson Y Pugh
Y Flowers Y Schoenberg, V-Chair
Y Howard Y Sharp
Y Kenner Y Winters
Y Wirsing
The committee roll call vote on HOUSE BILL 4070 is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair Y Kosel, Spkpn
Y Bellock Y Myers, Richard
15 [February 16, 2000]
Y Coulson Y Pugh
Y Flowers Y Schoenberg, V-Chair
Y Howard Y Sharp
A Kenner Y Winters
Y Wirsing
The committee roll call vote on HOUSE BILL 4369 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair Y Kosel, Spkpn
Y Bellock Y Myers, Richard
Y Coulson A Pugh
Y Flowers Y Schoenberg, V-Chair
Y Howard Y Sharp
A Kenner Y Winters
Y Wirsing
The committee roll call vote on HOUSE BILL 4693 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair Y Kosel, Spkpn
Y Bellock Y Myers, Richard
Y Coulson Y Pugh
Y Flowers Y Schoenberg, V-Chair
Y Howard Y Sharp
Y Kenner Y Winters
Y Wirsing
Representative Dart, Chairperson, from the Committee on Judiciary
I-Civil Law to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 2991, 3112, 3239, 3557 and
4300.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Standard Debate: HOUSE BILL 4407.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Standard Debate: HOUSE BILLS 3469 and 3935.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 2997, 3037, 4341,
4348 and 4483.
The committee roll call vote on HOUSE BILL 2991 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias
Y Hamos Y Meyer
Y Hoffman Y Scott, V-Chair
Y Klingler Y Turner, John, Spkpn
Y Wait
The committee roll call vote on HOUSE BILL 3112 is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias (Osmond)
Y Hamos (McCarthy) Y Meyer
Y Hoffman (Osterman) Y Scott, V-Chair (Flowers)
A Klingler (Black) Y Turner, John, Spkpn
Y Wait
The committee roll call vote on HOUSE BILL 3239 is as follows:
7, Yeas; 3, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
[February 16, 2000] 16
Y Brosnahan Y Mathias (Osmond)
Y Hamos N Meyer
Y Hoffman Y Scott, V-Chair
A Klingler (Black) N Turner, John, Spkpn
N Wait
The committee roll call vote on HOUSE BILL 3557 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias (Osmond)
Y Hamos Y Meyer
Y Hoffman Y Scott, V-Chair
Y Klingler (Cross) Y Turner, John, Spkpn
Y Wait
The committee roll call vote on HOUSE BILL 4300 is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias (Osmond)
Y Hamos Y Meyer
Y Hoffman Y Scott, V-Chair (Flowers)
A Klingler (Black) Y Turner, John, Spkpn
Y Wait
The committee roll call vote on HOUSE BILL 4407 is as follows:
6, Yeas; 5, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan N Mathias (Osmond)
Y Hamos N Meyer
Y Hoffman Y Scott, V-Chair
N Klingler (Cross) N Turner, John, Spkpn
N Wait
The committee roll call vote on HOUSE BILL 3469 is as follows:
6, Yeas; 5, Nays; 0, Answering Present.
Y Dart, Chair N Lang
N Brosnahan Y Mathias (Osmond)
N Hamos Y Meyer
N Hoffman N Scott, V-Chair
Y Klingler (Black) Y Turner, John, Spkpn
Y Wait
The committee roll call vote on HOUSE BILL 3935 is as follows:
6, Yeas; 4, Nays; 0, Answering Present.
Y Dart, Chair N Lang
Y Brosnahan Y Mathias (Osmond)
N Hamos Y Meyer
Y Hoffman Y Scott, V-Chair (Flowers)
A Klingler (Black) N Turner, John, Spkpn
N Wait
The committee roll call vote on HOUSE BILLS 2997, 3037, 4341 is as
follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias (Osmond)
Y Hamos Y Meyer
Y Hoffman Y Scott, V-Chair (Flowers)
Y Klingler (Black) Y Turner, John, Spkpn
Y Wait
17 [February 16, 2000]
The committee roll call vote on HOUSE BILL 4348 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias
Y Hamos Y Meyer
Y Hoffman Y Scott, V-Chair
Y Klingler Y Turner, John, Spkpn
Y Wait
The committee roll call vote on HOUSE BILL 4483 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias (Osmond)
Y Hamos Y Meyer
Y Hoffman Y Scott, V-Chair
Y Klingler (Cross) Y Turner, John, Spkpn
Y Wait
Representative McKeon, Chairperson, from the Committee on Labor &
Commerce to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILL 3157.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 4263.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Standard Debate: HOUSE BILL 3903.
The committee roll call vote on HOUSE BILL 3903 is as follows:
9, Yeas; 8, Nays; 0, Answering Present.
Y Stroger, Chair (Fowler) N Johnson, Tom
N Brady Y Jones, Shirley
Y Dart Y McKeon, V-Chair
Y Davis, Monique N Moore, Andrea
Y Harris N Osmond
N Hoeft N Parke, Spkpn
Y Howard Y Sharp
N Hultgren Y Slone (Lang)
N Winters
The committee roll call vote on HOUSE BILL 4263 is as follows:
10, Yeas; 6, Nays; 0, Answering Present.
Y Stroger, Chair (Fowler) N Johnson, Tom
N Brady Y Jones, Shirley
Y Dart Y McKeon, V-Chair
Y Davis, Monique A Moore, Andrea
Y Harris N Osmond
N Hoeft Y Parke, Spkpn
Y Howard Y Sharp
N Hultgren Y Slone (Lang)
N Winters
The committee roll call vote on HOUSE BILL 3157 is as follows:
17, Yeas; 0, Nays; 0, Answering Present.
Y Stroger, Chair (Fowler) Y Johnson, Tom
Y Brady Y Jones, Shirley
Y Dart Y McKeon, V-Chair
Y Davis, Monique Y Moore, Andrea
Y Harris Y Osmond
Y Hoeft Y Parke, Spkpn
Y Howard Y Sharp
[February 16, 2000] 18
Y Hultgren Y Slone (Lang)
Y Winters
Representative Giles, Chairperson, from the Committee on Local
Government to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 3225, 3229 and
4349.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 3906, 4092, 4138 and 4351.
The committee roll call vote on HOUSE BILL 3225 is as follows:
5, Yeas; 3, Nays; 0, Answering Present.
Y Giles, Chair A Mathias
N Acevedo (Lopez) Y Mautino
Y Hartke Y Moffitt, Spkpn
N Lawfer Y Scott
N Skinner
The committee roll call vote on HOUSE BILL 3229 is as follows:
7, Yeas; 1, Nays; 0, Answering Present.
Y Giles, Chair A Mathias
Y Acevedo (Lopez) Y Mautino
Y Hartke Y Moffitt, Spkpn
Y Lawfer Y Scott
N Skinner
The committee roll call vote on HOUSE BILL 4349 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Giles, Chair A Mathias
Y Acevedo (Lopez) Y Mautino
Y Hartke Y Moffitt, Spkpn
Y Lawfer Y Scott
Y Skinner
The committee roll call vote on HOUSE BILLS 3906 and 4092 is as
follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Giles, Chair A Mathias
Y Acevedo (Lopez) Y Mautino
Y Hartke Y Moffitt, Spkpn
Y Lawfer Y Scott
Y Skinner
The committee roll call vote on HOUSE BILL 4351 is as follows:
7, Yeas; 1, Nays; 0, Answering Present.
Y Giles, Chair A Mathias
Y Acevedo (Lopez) Y Mautino
Y Hartke Y Moffitt, Spkpn
N Lawfer Y Scott
Y Skinner
The committee roll call vote on HOUSE BILL 4138 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Giles, Chair A Mathias
Y Acevedo Y Mautino
Y Hartke Y Moffitt, Spkpn
Y Lawfer Y Scott
Y Skinner
19 [February 16, 2000]
Representative Saviano, Chairperson, from the Committee on
Registration & Regulation to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 3636 and 4280.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILLS 2896, 3324, 3455
and 4043.
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Standard Debate: HOUSE BILL 3233.
The committee roll call vote on HOUSE BILLS 2896, 3455, 3636, and
4280 is as follows:
17, Yeas; 0, Nays; 0, Answering Present.
Y Saviano, Chair Y Klingler
Y Boland Y Kosel (Mathias)
Y Bradley Y Lyons, Eileen
Y Bugielski, V-Chair Y Meyer
Y Burke Y Mulligan
Y Coulson Y Novak
Y Crotty Y Reitz
Y Davis, Steve Y Stephens
Y Zickus, Spkpn
The committee roll call vote on HOUSE BILL 3324 is as follows:
16, Yeas; 0, Nays; 1, Answering Present.
Y Saviano, Chair Y Klingler
Y Boland Y Kosel (Mathias)
Y Bradley Y Lyons, Eileen
Y Bugielski, V-Chair Y Meyer
Y Burke Y Mulligan
P Coulson Y Novak
Y Crotty Y Reitz
Y Davis, Steve Y Stephens
Y Zickus, Spkpn
The committee roll call vote on HOUSE BILL 4043 is as follows:
12, Yeas; 2, Nays; 2, Answering Present.
Y Saviano, Chair P Klingler
N Boland Y Kosel (Mathias)
Y Bradley Y Lyons, Eileen
Y Bugielski, V-Chair Y Meyer
Y Burke Y Mulligan
Y Coulson P Novak
Y Crotty A Reitz
N Davis, Steve Y Stephens
Y Zickus, Spkpn
The committee roll call vote on HOUSE BILL 3233 is as follows:
9, Yeas; 1, Nays; 5, Answering Present.
Y Saviano, Chair Y Klingler
A Boland Y Kosel (Mathias)
P Bradley Y Lyons, Eileen
P Bugielski, V-Chair P Meyer
A Burke Y Mulligan
Y Coulson P Novak
Y Crotty P Reitz
Y Davis, Steve Y Stephens
N Zickus, Spkpn
Representative Kenner, Chairperson, from the Committee on State
[February 16, 2000] 20
Government Administration to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILL 4324.
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 3535, 3881 and 4320.
The committee roll call vote on HOUSE BILL 4324 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Kenner, Chair Y Lang (Hamos)
Y Curry, Julie Y Mitchell, Bill
Y Feigenholtz Y O'Connor, Spkpn
Y Franks Y Schmitz (Kosel)
Y Sommer
The committee roll call vote on HOUSE BILL 3535 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Kenner, Chair A Lang
Y Curry, Julie Y Mitchell, Bill
Y Feigenholtz Y O'Connor, Spkpn
Y Franks Y Schmitz (Kosel)
Y Sommer
The committee roll call vote on HOUSE BILLS 3881 and 4320 is as
follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Kenner, Chair Y Lang (Hamos)
Y Curry, Julie Y Mitchell, Bill
Y Feigenholtz Y O'Connor, Spkpn
Y Franks Y Schmitz (Kosel)
Y Sommer
CHANGE OF SPONSORSHIP
Representative Saviano asked and obtained unanimous consent to be
removed as chief sponsor and Representative Bradley asked and obtained
unanimous consent to be shown as chief sponsor of SENATE BILL 239.
INTRODUCTION AND FIRST READING OF BILLS
The following bill was introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 4705. Introduced by Representative Capparelli, a bill
for AN ACT to amend the Consumer Fraud and Deceptive Business Practices
Act by adding Section 2T-5.
AGREED RESOLUTIONS
The following resolutions were offered and placed on the Calendar
on the order of Agreed Resolutions.
HOUSE RESOLUTION 587
Offered by Representative Morrow:
WHEREAS, The members of the House of Representatives were saddened
to learn of the death of James "Jack" Childs of Chicago on Monday,
December 6, 1999; and
WHEREAS, He was born in Dayton, Ohio, in 1922; he graduated from
21 [February 16, 2000]
Boston and Dayton, Ohio, universities; he was a member of Alpha Phi
Alpha fraternity for sixty years; and
WHEREAS, "Jack" Childs was a World War II veteran and a long-time
resident of the South Shore community; he was a long-time member of the
Congregational Church of Park Manor; and
WHEREAS, He was married to his wife, Josie Brown Childs, for thirty
years; and
WHEREAS, His passing will be deeply felt by his family and friends,
especially his wife, Josie; his sons, Jack Jr. and Christopher; his
daughters, Kendall and Patricia; his brother, Clarence; his sister,
Dorsey; and his three grandchildren; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and
regret the death of James "Jack" Childs and extend our sincere
condolences to his family and friends; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
his widow, Josie Brown Childs.
HOUSE RESOLUTION 588
Offered by Representative Delgado:
WHEREAS, Three hundred Chicagoans are being honored for "ten years
of service" to the Chicago Public Schools as Local School Council
members at an Awards Breakfast co-sponsored by the Union League Club of
Chicago and the Chicago Board of Education on Monday, February 14,
2000; and
WHEREAS, The first election for the two-year Local School Council
term was held in the Chicago public schools on October 11 and 12, 1989;
and
WHEREAS, Over the years, more than 10,000 individuals have served
as LSC members for the Chicago Public Schools; three hundred
individuals have served continuously for ten years; those ten-year
veteran LSC members have served at 156 schools distributed throughout
the six Regions of the Chicago public school system; and
WHEREAS, Chicago's ten year experiment with site-based management
is the most radical urban school reform in the country; the "Chicago
model" for school reform gives parents and community members control
over school improvement plans and local school budgets; and
WHEREAS, Chicago school reform was a bold initiative created out of
Mayor Harold Washington's Education Summit in 1987 that involved
parents, community, and staff in site-based management of each of the
city's nearly 600 public schools; in 1995, Mayor Richard M. Daley used
expanded executive powers following the 1995 School Reform Act to
continue the reform of Chicago's public school system; and
WHEREAS, Local School Council members are unpaid public officials
who work with their school communities to provide quality education for
the public school children of the City of Chicago; research has shown
that most councils function well and most council members bring above
average education and work backgrounds to the councils; therefore, be
it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we join the City of
Chicago and the Chicago Board of Education in honoring the three
hundred parents, teachers, and community people who have served as
Local School Council members continuously since the 1989 Chicago school
reforms were instituted; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the Chicago Board of Education, Office of School and Community
Relations.
HOUSE RESOLUTION 589
Offered by Representatives Scott-Winters-Wait:
WHEREAS, On January 31, 2000, a Rockford public school bus was
involved in a traffic accident; and
WHEREAS, The bus driver was knocked from her seat and struck the
[February 16, 2000] 22
bus door; and
WHEREAS, Deangelo Lee, one of the seventeen students on board, then
jumped into the driver's seat and was able to steer the rolling bus to
the side of the road, bring it to a safe stop, and radio for
assistance; and
WHEREAS, John Childress, another of the students on board, quickly
got the other students on the bus into an orderly line to prepare them
to safely leave the bus; and
WHEREAS, The students said they learned what to do because of
training they had received from the District; and
WHEREAS, Because of the heroic and fast actions of these two
students, no students were injured in the accident; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend the actions
of Deangelo Lee and John Childress, and thank them for their quick
thinking and willingness to help their fellow students; and be it
further
RESOLVED, That suitable copies of this resolution be presented to
Deangelo Lee and John Childress.
HOUSE RESOLUTION 590
Offered by Representative Hamos:
WHEREAS, Margaret Blackshere has served as the Secretary-Treasurer
of the Illinois AFL-CIO since 1993; and
WHEREAS, Margaret Blackshere has been elected president of the
State Federation of Labor AFL-CIO, which represents one million
Illinois workers; and
WHEREAS, Margaret Blackshere has achieved a milestone for Illinois
women by serving as the first woman president of the State Federation;
and
WHEREAS, Margaret Blackshere was a former classroom teacher and has
served on all levels of the labor movement from president of her local
union in Madison to statewide vice president of the Illinois Federation
of Teachers, and continues to be a member in the American Federation of
Teachers Local 763; and
WHEREAS, Margaret Blackshere has a bachelor's degree in elementary
education and a master's degree in urban education, both from Southern
Illinois University-Edwardsville; and
WHEREAS, Margaret Blackshere has played a key role in the
Democratic Party as a delegate to the Democratic National Convention,
as the director of the Illinois Democratic Coordinated Campaign in 1990
and 1992, and currently as a member of the Democratic National
Committee; and
WHEREAS, Margaret Blackshere has an ongoing commitment to public
service by serving on various boards and councils including the United
Way of Illinois, Voices for Illinois Children, White House Commission
on Presidential Scholars, and the Illinois Skills Standard &
Credentialing Council; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Margaret Blackshere for her achievement as the new president of the
Illinois Federation of Labor, AFL-CIO; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Margaret Blackshere.
HOUSE RESOLUTION 591
Offered by Representative Cowlishaw:
WHEREAS, The members of the House were saddened to learn of the
death of Dr. Arlo L. Schilling of Batavia on Friday, December 10, 1999;
and
WHEREAS, Dr. Schilling was a past president of North Central
College in Naperville, presiding from 1960 to 1975, an exceptionally
long tenure by today's standards, and guided the college during a
period of extreme social and economic stress in American life; he
23 [February 16, 2000]
invited Dr. Martin Luther King, Jr. to the college in 1960; and
WHEREAS, He was born in Huntington County, Indiana, on October 13,
1924, the son of the late Jacob H. and Nova Elnora Rusher Schilling;
and
WHEREAS, He was a veteran of the United States Army during World
War II and was the recipient of a Purple Heart with an Oak Leaf
cluster; and
WHEREAS, Arlo Schilling graduated from Huntington College in 1948
and received a master's degree from Indiana University in 1950; he
received a doctoral degree from Purdue University in 1958; and
WHEREAS, He taught public school in Indiana, teaching high school
social studies as well as holding the position of principal and
assistant superintendent and also teaching at Purdue University; and
WHEREAS, Since leaving North Central College, Dr. Schilling was
awarded an honorary degree, doctor of humane letters, by the college
and was made a life member of the Board of Trustees for the college;
and
WHEREAS, He also served as president of the Federation of
Independent Illinois Colleges and Universities, chairman of the
Associated Colleges of Illinois, and president of the University Senate
of the United Methodist Church; and
WHEREAS, Dr. Schilling has been an educational and financial
planning consultant as well as president of the Paramount Arts Centre
Endowment in Aurora; he also served as vice president and vice chairman
for the board for the Paramount Arts Centre Endowment Fund and was a
member of the board of directors of the Aurora Foundation; and
WHEREAS, He served as interim president of the Bank of Fox Valley
and the Westmont Bank; he served on the Naperville Bank board and was
elected chairman of the board until his second retirement in 1994; and
WHEREAS, Dr. Schilling was the past president of the board of
trustees of the Naperville Area YMCA and each year presented the Arlo
L. Schilling Leadership Award to the most deserving volunteer in
connection with the Naperville Area YMCA; and
WHEREAS, Dr. Schilling was a HURRAH volunteer for Naperville School
District No. 203 and served on several committees with regard to the
Naperville Education Foundation; he was a member of the Community
United Methodist Church in Naperville and served on its board of
trustees; and
WHEREAS, Dr. Schilling was loved and admired by all who knew him;
his wit and good nature will be remembered by all; and
WHEREAS, His passing will be deeply felt by his family and friends,
especially his wife, Gloria; his daughters, Dr. Nancy Schilling, Emily
Schilling, and Janey Meyer; his sons-in-law, Bruce Sansone and Richard
Meyer; his brothers and sisters-in-law, Harold H. Schilling, Arden L.
and Jeanette Schilling, Paul M. and Jean Schilling, and Howard and
Donna Schilling, Jr.; and his five grandchildren; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and
regret the death of Dr. Arlo L. Schilling and extend our sincere
condolences to his family and friends; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
his widow, Mrs. Gloria Schilling.
HOUSE RESOLUTION 592
Offered by Representative Granberg:
WHEREAS, Nancy Scranton, former resident of Centralia, Illinois,
recently won her first LPGA Tour title since 1992, on January 23, 2000;
and
WHEREAS, Nancy Scranton qualified for her first LPGA Tour in 1985,
on her first attempt; she won her first tour event in 1991 at the du
Maurier Ltd. Classic, where she set a course record with a career low
round of 64; and
WHEREAS, Her second title win was at the Los Coyotes LPGA Classic
in 1992; she also placed second at the Ocean State Open in 1989, and
has been in the top ten many times; and
[February 16, 2000] 24
WHEREAS, In high school Nancy Scranton excelled at sports, winning
both the 80 and 110 hurdle events at the South Seven Conference track
meets in 1976; she was the leading rebounder on the 1979 Orphan Annies
basketball squad; she was named the outstanding player of the year on
Centralia High School's first softball team in 1979; and
WHEREAS, Nancy Scranton made three State tournaments in golf as
District medalist in 1976, 1977, and 1978; when not playing on the
girl's golf team, she would hold the second position on the boy's team;
she was the first girl to play in the South Seven Conference boy's golf
meet; She was named Centralia High School woman athlete of the year in
1979, and earned ten varsity letters during her high school years; and
WHEREAS, Nancy Scranton attended Florida State University and the
University of Kentucky; in 1983 she was name to the All-Southeastern
Conference, and was chosen one of only 17 individual golfers to compete
in the NCAA Division I tournament in 1984; and
WHEREAS, Nancy Scranton won titles in the St. Louis Metro Women's
Golf Tourney in 1981 and 1982; in 1983 she won the Illinois Ladies
State Amateur Tourney, and received third place in 1984; and
WHEREAS, Centralia and all of Illinois can be proud of Nancy
Scranton and her fine career; her mother, Mrs. Wayne Scranton, still
resides in Centralia, as do many of her fans; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Nancy
Scranton on winning the LPGA Tour title; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Nancy Scranton.
The following resolution was offered and placed in the Committee on
Rules.
HOUSE RESOLUTION 594
Offered by Representatives Madigan - Daniels - Currie:
WHEREAS, House Resolution 556 of the 91st General Assembly created
the Special House Committee on Telecommunications Review; and
WHEREAS, House Resolution 556 of the 91st General Assembly provided
for the Special House Committee on Telecommunications Review to consist
of seven members appointed by the Speaker and seven members appointed
by the Minority Leader; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Special House
Committee on Telecommunications Review shall consist of eighteen
Representatives with nine members appointed by the Speaker and nine
members appointed by the Minority Leader.
ACTION ON MOTIONS
Pursuant to the motion submitted previously, Representative
Brunsvold asked and obtained unanimous consent to table HOUSE BILL
2971.
CONFERENCE COMMITTEE REPORTS
Having been reported out of the Committee on Rules on earlier
today, the First Conference Committee Report on House Amendments
numbered 1, 2 and 3 to SENATE BILL 618, submitted to the House
previously, was taken up for consideration.
Representative Hannig moved the First Conference Committee Report
be adopted.
And on the motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
The motion prevailed and the First Conference Committee Report was
25 [February 16, 2000]
adopted.
Ordered that the Clerk inform the Senate.
HOUSE BILLS ON SECOND READING
Having been printed, the following bills were taken up, read by
title a second time and advanced to the order of Third Reading: HOUSE
BILLS 2947, 2949, 3859, 4022, 4352, 4404, 4433 and 4650.
HOUSE BILL 2882. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Constitutional Officers, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2882
AMENDMENT NO. 1. Amend House Bill 2882 as follows:
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-405.1 and 3-806.1 as follows:
(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
Sec. 3-405.1. Application for vanity and personalized license
plates.
(a) Vanity license plates mean any license plates, assigned to a
passenger motor vehicle of the first division, to a motor vehicle of
the second division registered at not more than 8,000 pounds, to a
trailer registered at 3,000 pounds or less, or to a recreational
vehicle, which display a registration number containing 4 to 7 letters
as requested by the owner of the vehicle and license plates issued to
retired members of Congress under Section 3-610.1 or to retired members
of the General Assembly as provided in Section 3-606.1. A license plate
consisting of 3 letters and no numbers or of 1, 2 or 3 numbers, upon
its becoming available, is a vanity license plate. Personalized license
plates mean any license plates, assigned to a passenger motor vehicle
of the first division, to a motor vehicle of the second division, to a
trailer registered at 3,000 pounds or less, or to a recreational
vehicle, which display a registration number containing a combination
of letters and numbers as prescribed by rule, as requested by the owner
of the vehicle.
(b) For any registration period commencing after 1979, any person
who is the registered owner of a passenger motor vehicle of the first
division, of a motor vehicle of the second division registered at not
more than 8,000 pounds, of a trailer registered at 3,000 pounds or
less, or of a recreational vehicle registered with the Secretary of
State or who makes application for an original registration of such a
motor vehicle or renewal registration of such a motor vehicle may, upon
payment of a fee prescribed in Section 3-806.1, apply to the Secretary
of State for personalized license plates.
(c) Except for plates issued under Sections 3-627, 3-631, and
3-632, vanity and personalized license plates as issued under this
Section shall be the same color and design as other passenger vehicle
license plates and shall not in any manner conflict with any other
existing passenger, commercial, trailer, motorcycle, or special license
plate series. However, special registration plates issued under
Sections 3-611 and 3-616 for vehicles operated by or for persons with
disabilities may also be vanity or personalized license plates.
(d) Vanity and personalized license plates shall be issued only to
the registered owner of the vehicle on which they are to be displayed,
except as provided in Sections 3-611 and 3-616 for special registration
plates for vehicles operated by or for persons with disabilities.
(e) An applicant for the issuance of vanity or personalized
license plates or subsequent renewal thereof shall file an application
in such form and manner and by such date as the Secretary of State may,
in his discretion, require.
[February 16, 2000] 26
No vanity nor personalized license plates shall be approved,
manufactured, or distributed that contain any characters, symbols other
than the international accessibility symbol for vehicles operated by or
for persons with disabilities, foreign words, or letters of
punctuation.
(f) Vanity and personalized license plates as issued pursuant to
this Act may be subject to the Staggered Registration System as
prescribed by the Secretary of State.
(Source: P.A. 88-685, eff. 1-24-95; 89-282, eff. 8-10-95; 89-611, eff.
1-1-97.)
(625 ILCS 5/3-806.1) (from Ch. 95 1/2, par. 3-806.1)
Sec. 3-806.1. Additional fees for vanity license plates. In
addition to the regular registration fee, an applicant shall be charged
$94 for each set of vanity license plates issued to a motor vehicle of
the first division or a motor vehicle of the second division registered
at not more than 8,000 pounds or to a trailer registered at 3,000
pounds or less or to a recreational vehicle and $50 for each set of
vanity plates issued to a motorcycle. In addition to the regular
renewal fee, an applicant shall be charged $13 for the renewal of each
set of vanity license plates.
(Source: P.A. 91-37, eff. 7-1-99.)
Section 99. Effective date. This Act takes effect July 1, 2004.".
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.
DISTRIBUTION OF SUPPLEMENTAL CALENDAR
Supplemental Calendar No. 1 was distributed to the Members at 12:18
o'clock p.m.
HOUSE BILLS ON SECOND READING
HOUSE BILL 3027. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Electric
Utility Deregulation, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 3027
AMENDMENT NO. 1. Amend House Bill 3027 by replacing the title with
the following:
"AN ACT to amend the Public Utilities Act by changing Section
16-109."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by changing
Section 16-109 as follows:
(220 ILCS 5/16-109)
Sec. 16-109. Unbundling of delivery services; Commission review.
The General Assembly finds that the offering of delivery services will,
and is intended to, facilitate the development of competition for
generation services, and that competition may develop for other
services currently offered on a tariffed basis by the electric utility.
The Commission shall open a proceeding to investigate the need for and
desirability of different or additional unbundling of delivery services
for some or all electric utilities 3 years from the date that a tariff
for delivery services is first approved or allowed into effect pursuant
to this Section, however, the Commission may not issue a final order in
an investigation proceeding before January 1, 2003. The Commission
shall open an additional proceeding to again investigate the need for
and desirability of different or additional unbundling of delivery
services for some or all electric utilities, 3 years after the entry of
27 [February 16, 2000]
its final order in the first investigation proceeding. In any
additional investigation proceeding, the Commission shall issue its
final order in each investigation proceeding no later than 6 months
after the proceeding is initiated. In each such proceeding the
Commission shall consider, at a minimum, the effect of additional
unbundling on (i) the objective of just and reasonable rates, (ii)
electric utility employees, and (iii) the development of competitive
markets for electric energy services in Illinois. Specific changes to
the delivery services tariffs of individual electric utilities to
implement findings and directives stated in an order in an
investigation proceeding initiated under this Section shall be
addressed through individual electric utility tariff filings. The
Commission may also, in accordance with Section 16-108, upon complaint
or upon its own initiative without complaint, upon reasonable notice,
enter upon a hearing concerning the need and desirability of requiring
additional or other unbundling of delivery services offered by electric
utilities.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
Representative Novak offered the following amendment and moved its
adoption:
AMENDMENT NO. 2 TO HOUSE BILL 3027
AMENDMENT NO. 2. Amend House Bill 3027, AS AMENDED, in the title
and in the introductory clause to Section 5 of the bill by changing
"Section 16-109" each time it appears to "Sections 16-108 and 16-109";
and
by inserting immediately below the introductory clause to Section 5 of
the bill the following:
"(220 ILCS 5/16-108)
Sec. 16-108. Recovery of costs associated with the provision of
delivery services.
(a) An electric utility shall file a delivery services tariff with
the Commission at least 210 days prior to the date that it is required
to begin offering such services pursuant to this Act. An electric
utility shall provide the components of delivery services that are
subject to the jurisdiction of the Federal Energy Regulatory Commission
at the same prices, terms and conditions set forth in its applicable
tariff as approved or allowed into effect by that Commission. The
Commission shall otherwise have the authority pursuant to Article IX to
review, approve, and modify the prices, terms and conditions of those
components of delivery services not subject to the jurisdiction of the
Federal Energy Regulatory Commission, including the authority to
determine the extent to which such delivery services should be offered
on an unbundled basis. In making any such determination the Commission
shall consider, at a minimum, the effect of additional unbundling on
(i) the objective of just and reasonable rates, (ii) electric utility
employees, and (iii) the development of competitive markets for
electric energy services in Illinois. The Commission, however, may not
issue a final order regarding the offering of delivery services on an
unbundled basis before January 1, 2003.
(b) The Commission shall enter an order approving, or approving as
modified, the delivery services tariff no later than 30 days prior to
the date on which the electric utility must commence offering such
services. The Commission may subsequently modify such tariff pursuant
to this Act.
(c) The electric utility's tariffs shall define the classes of its
customers for purposes of delivery services charges. Delivery services
shall be priced and made available to all retail customers electing
delivery services in each such class on a nondiscriminatory basis
regardless of whether the retail customer chooses the electric utility,
an affiliate of the electric utility, or another entity as its supplier
[February 16, 2000] 28
of electric power and energy. Charges for delivery services shall be
cost based, and shall allow the electric utility to recover the costs
of providing delivery services through its charges to its delivery
service customers that use the facilities and services associated with
such costs. Such costs shall include the costs of owning, operating and
maintaining transmission and distribution facilities. The Commission
shall also be authorized to consider whether, and if so to what extent,
the following costs are appropriately included in the electric
utility's delivery services rates: (i) the costs of that portion of
generation facilities used for the production and absorption of
reactive power in order that retail customers located in the electric
utility's service area can receive electric power and energy from
suppliers other than the electric utility, and (ii) the costs
associated with the use and redispatch of generation facilities to
mitigate constraints on the transmission or distribution system in
order that retail customers located in the electric utility's service
area can receive electric power and energy from suppliers other than
the electric utility. Nothing in this subsection shall be construed as
directing the Commission to allocate any of the costs described in (i)
or (ii) that are found to be appropriately included in the electric
utility's delivery services rates to any particular customer group or
geographic area in setting delivery services rates.
(d) The Commission shall establish charges, terms and conditions
for delivery services that are just and reasonable and shall take into
account customer impacts when establishing such charges. In
establishing charges, terms and conditions for delivery services, the
Commission shall take into account voltage level differences. A
retail customer shall have the option to request to purchase electric
service at any delivery service voltage reasonably and technically
feasible from the electric facilities serving that customer's premises
provided that there are no significant adverse impacts upon system
reliability or system efficiency. A retail customer shall also have
the option to request to purchase electric service at any point of
delivery that is reasonably and technically feasible provided that
there are no significant adverse impacts on system reliability or
efficiency. Such requests shall not be unreasonably denied.
(e) Electric utilities shall recover the costs of installing,
operating or maintaining facilities for the particular benefit of one
or more delivery services customers, including without limitation any
costs incurred in complying with a customer's request to be served at a
different voltage level, directly from the retail customer or customers
for whose benefit the costs were incurred, to the extent such costs are
not recovered through the charges referred to in subsections (c) and
(d) of this Section.
(f) An electric utility shall be entitled but not required to
implement transition charges in conjunction with the offering of
delivery services pursuant to Section 16-104. If an electric utility
implements transition charges, it shall implement such charges for all
delivery services customers and for all customers described in
subsection (h), but shall not implement transition charges for power
and energy that a retail customer takes from cogeneration or
self-generation facilities located on that retail customer's premises,
if such facilities meet the following criteria:
(i) the cogeneration or self-generation facilities serve a
single retail customer and are located on that retail customer's
premises (for purposes of this subparagraph and subparagraph (ii),
an industrial or manufacturing retail customer and a third party
contractor that is served by such industrial or manufacturing
customer through such retail customer's own electrical distribution
facilities under the circumstances described in subsection (vi) of
the definition of "alternative retail electric supplier" set forth
in Section 16-102, shall be considered a single retail customer);
(ii) the cogeneration or self-generation facilities either
(A) are sized pursuant to generally accepted engineering standards
for the retail customer's electrical load at that premises (taking
into account standby or other reliability considerations related to
29 [February 16, 2000]
that retail customer's operations at that site) or (B) if the
facility is a cogeneration facility located on the retail
customer's premises, the retail customer is the thermal host for
that facility and the facility has been designed to meet that
retail customer's thermal energy requirements resulting in
electrical output beyond that retail customer's electrical demand
at that premises, comply with the operating and efficiency
standards applicable to "qualifying facilities" specified in title
18 Code of Federal Regulations Section 292.205 as in effect on the
effective date of this amendatory Act of 1999;
(iii) the retail customer on whose premises the facilities
are located either has an exclusive right to receive, and
corresponding obligation to pay for, all of the electrical capacity
of the facility, or in the case of a cogeneration facility that has
been designed to meet the retail customer's thermal energy
requirements at that premises, an identified amount of the
electrical capacity of the facility, over a minimum 5-year period;
and
(iv) if the cogeneration facility is sized for the retail
customer's thermal load at that premises but exceeds the electrical
load, any sales of excess power or energy are made only at
wholesale, are subject to the jurisdiction of the Federal Energy
Regulatory Commission, and are not for the purpose of circumventing
the provisions of this subsection (f).
If a generation facility located at a retail customer's premises does
not meet the above criteria, an electric utility implementing
transition charges shall implement a transition charge until December
31, 2006 for any power and energy taken by such retail customer from
such facility as if such power and energy had been delivered by the
electric utility. Provided, however, that an industrial retail
customer that is taking power from a generation facility that does not
meet the above criteria but that is located on such customer's premises
will not be subject to a transition charge for the power and energy
taken by such retail customer from such generation facility if the
facility does not serve any other retail customer and either was
installed on behalf of the customer and for its own use prior to
January 1, 1997, or is both predominantly fueled by byproducts of such
customer's manufacturing process at such premises and sells or offers
an average of 300 megawatts or more of electricity produced from such
generation facility into the wholesale market. Such charges shall be
calculated as provided in Section 16-102, and shall be collected on
each kilowatt-hour delivered under a delivery services tariff to a
retail customer from the date the customer first takes delivery
services until December 31, 2006 except as provided in subsection (h)
of this Section. Provided, however, that an electric utility, other
than an electric utility providing service to at least 1,000,000
customers in this State on January 1, 1999, shall be entitled to
petition for entry of an order by the Commission authorizing the
electric utility to implement transition charges for an additional
period ending no later than December 31, 2008. The electric utility
shall file its petition with supporting evidence no earlier than 16
months, and no later than 12 months, prior to December 31, 2006. The
Commission shall hold a hearing on the electric utility's petition and
shall enter its order no later than 8 months after the petition is
filed. The Commission shall determine whether and to what extent the
electric utility shall be authorized to implement transition charges
for an additional period. The Commission may authorize the electric
utility to implement transition charges for some or all of the
additional period, and shall determine the mitigation factors to be
used in implementing such transition charges; provided, that the
Commission shall not authorize mitigation factors less than 110% of
those in effect during the 12 months ended December 31, 2006. In
making its determination, the Commission shall consider the following
factors: the necessity to implement transition charges for an
additional period in order to maintain the financial integrity of the
electric utility; the prudence of the electric utility's actions in
[February 16, 2000] 30
reducing its costs since the effective date of this amendatory Act of
1997; the ability of the electric utility to provide safe, adequate and
reliable service to retail customers in its service area; and the
impact on competition of allowing the electric utility to implement
transition charges for the additional period.
(g) The electric utility shall file tariffs that establish the
transition charges to be paid by each class of customers to the
electric utility in conjunction with the provision of delivery
services. The electric utility's tariffs shall define the classes of
its customers for purposes of calculating transition charges. The
electric utility's tariffs shall provide for the calculation of
transition charges on a customer-specific basis for any retail customer
whose average monthly maximum electrical demand on the electric
utility's system during the 6 months with the customer's highest
monthly maximum electrical demands equals or exceeds 3.0 megawatts for
electric utilities having more than 1,000,000 customers, and for other
electric utilities for any customer that has an average monthly maximum
electrical demand on the electric utility's system of one megawatt or
more, and (A) for which there exists data on the customer's usage
during the 3 years preceding the date that the customer became eligible
to take delivery services, or (B) for which there does not exist data
on the customer's usage during the 3 years preceding the date that the
customer became eligible to take delivery services, if in the electric
utility's reasonable judgment there exists comparable usage information
or a sufficient basis to develop such information, and further provided
that the electric utility can require customers for which an individual
calculation is made to sign contracts that set forth the transition
charges to be paid by the customer to the electric utility pursuant to
the tariff.
(h) An electric utility shall also be entitled to file tariffs
that allow it to collect transition charges from retail customers in
the electric utility's service area that do not take delivery services
but that take electric power or energy from an alternative retail
electric supplier or from an electric utility other than the electric
utility in whose service area the customer is located. Such charges
shall be calculated, in accordance with the definition of transition
charges in Section 16-102, for the period of time that the customer
would be obligated to pay transition charges if it were taking delivery
services, except that no deduction for delivery services revenues shall
be made in such calculation, and usage data from the customer's class
shall be used where historical usage data is not available for the
individual customer. The customer shall be obligated to pay such
charges on a lump sum basis on or before the date on which the customer
commences to take service from the alternative retail electric supplier
or other electric utility, provided, that the electric utility in whose
service area the customer is located shall offer the customer the
option of signing a contract pursuant to which the customer pays such
charges ratably over the period in which the charges would otherwise
have applied.
(i) An electric utility shall be entitled to add to the bills of
delivery services customers charges pursuant to Sections 9-221, 9-222
(except as provided in Section 9-222.1), and Section 16-114 of this
Act, Section 5-5 of the Electricity Infrastructure Maintenance Fee Law,
Section 6-5 of the Renewable Energy, Energy Efficiency, and Coal
Resources Development Law of 1997, and Section 13 of the Energy
Assistance Act of 1989.
(j) If a retail customer that obtains electric power and energy
from cogeneration or self-generation facilities installed for its own
use on or before January 1, 1997, subsequently takes service from an
alternative retail electric supplier or an electric utility other than
the electric utility in whose service area the customer is located for
any portion of the customer's electric power and energy requirements
formerly obtained from those facilities (including that amount
purchased from the utility in lieu of such generation and not as
standby power purchases, under a cogeneration displacement tariff in
effect as of the effective date of this amendatory Act of 1997), the
31 [February 16, 2000]
transition charges otherwise applicable pursuant to subsections (f),
(g), or (h) of this Section shall not be applicable in any year to that
portion of the customer's electric power and energy requirements
formerly obtained from those facilities, provided, that for purposes of
this subsection (j), such portion shall not exceed the average number
of kilowatt-hours per year obtained from the cogeneration or
self-generation facilities during the 3 years prior to the date on
which the customer became eligible for delivery services, except as
provided in subsection (f) of Section 16-110.
(Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.)".
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.
RECALLS
By unanimous consent, on motion of Representative Lang, HOUSE BILL
3831 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
ACTION ON MOTIONS
Representative Erwin asked and obtained unanimous consent to
suspend the provisions of Rule 25 on HOUSE BILL 3610 in the Committee
on Executive from further consideration and to hear it immediately.
RESOLUTIONS
Having been reported out of the Committee on Rules earlier today,
HOUSE RESOLUTION 594 was taken up for consideration.
Representative Madigan moved the adoption of the resolution.
And on that motion, a vote was taken resulting as follows:
114, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 3)
The motion prevailed and the Resolution was adopted.
ACTION ON MOTIONS
Representative Osterman asked and obtained unanimous consent to
recommit HOUSE BILL 4277 to the Committee on Rules.
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 Hassert, HOUSE BILL 3406 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
113, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 4)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
[February 16, 2000] 32
On motion of Representative Hassert, HOUSE BILL 3457 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 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 Hassert, HOUSE BILL 3059 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 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.
HOUSE BILLS ON SECOND READING
HOUSE BILL 3838. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Financial
Institutions, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 3838
AMENDMENT NO. 1. Amend House Bill 3838 by replacing the title with
the following:
"AN ACT concerning financial institutions."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Banking Act is amended by changing
Section 48.1 and adding Section 48.6 as follows:
(205 ILCS 5/48.1) (from Ch. 17, par. 360)
Sec. 48.1. Customer financial records; confidentiality.
(a) For the purpose of this Section, the term "financial records"
means any original, any copy, or any summary of:
(1) a document granting signature authority over a deposit or
account;
(2) a statement, ledger card or other record on any deposit
or account, which shows each transaction in or with respect to that
account;
(3) a check, draft or money order drawn on a bank or issued
and payable by a bank; or
(4) any other item containing information pertaining to any
relationship established in the ordinary course of a bank's
business between a bank and its customer, including financial
statements or other financial information provided by the customer.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or maintenance of
any financial records by any officer, employee or agent of a bank
having custody of the records, or the examination of the records by
a certified public accountant engaged by the bank to perform an
independent audit.
(2) The examination of any financial records by, or the
furnishing of financial records by a bank to, any officer, employee
or agent of (i) the Commissioner of Banks and Real Estate, (ii)
after May 31, 1997, a state regulatory authority authorized to
examine a branch of a State bank located in another state, (iii)
the Comptroller of the Currency, (iv) the Federal Reserve Board, or
(v) the Federal Deposit Insurance Corporation for use solely in the
exercise of his duties as an officer, employee, or agent.
33 [February 16, 2000]
(3) The publication of data furnished from financial records
relating to customers where the data cannot be identified to any
particular customer or account.
(4) The making of reports or returns required under Chapter
61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of any
negotiable instrument permitted to be disclosed under the Uniform
Commercial Code.
(6) The exchange in the regular course of business of (i)
credit information between a bank and other banks or financial
institutions or commercial enterprises, directly or through a
consumer reporting agency or (ii) financial records or information
derived from financial records between a bank and other banks or
financial institutions or commercial enterprises for the purpose of
conducting due diligence pursuant to a purchase or sale involving
the bank or assets or liabilities of the bank.
(7) The furnishing of information to the appropriate law
enforcement authorities where the bank reasonably believes it has
been the victim of a crime.
(8) The furnishing of information under the Uniform
Disposition of Unclaimed Property Act.
(9) The furnishing of information under the Illinois Income
Tax Act and the Illinois Estate and Generation-Skipping Transfer
Tax Act.
(10) The furnishing of information under the federal Currency
and Foreign Transactions Reporting Act Title 31, United States
Code, Section 1051 et seq.
(11) The furnishing of information under any other statute
that by its terms or by regulations promulgated thereunder requires
the disclosure of financial records other than by subpoena,
summons, warrant, or court order.
(12) The furnishing of information about the existence of an
account of a person to a judgment creditor of that person who has
made a written request for that information.
(13) The exchange in the regular course of business of
information between commonly owned banks in connection with a
transaction authorized under paragraph (23) of Section 5 and
conducted at an affiliate facility.
(14) The furnishing of information in accordance with the
federal Personal Responsibility and Work Opportunity Reconciliation
Act of 1996. Any bank governed by this Act shall enter into an
agreement for data exchanges with a State agency provided the State
agency pays to the bank a reasonable fee not to exceed its actual
cost incurred. A bank providing information in accordance with
this item shall not be liable to any account holder or other person
for any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the bank in response
to a lien or order to withhold and deliver issued by a State
agency, or for any other action taken pursuant to this item,
including individual or mechanical errors, provided the action does
not constitute gross negligence or willful misconduct. A bank shall
have no obligation to hold, encumber, or surrender assets until it
has been served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(15) The exchange in the regular course of business of
information between a bank and any commonly owned affiliate of the
bank, subject to the provisions of the Financial Institutions
Insurance Sales Law.
(16) The furnishing of information to: (a) law enforcement
authorities, the Illinois Department on Aging and its regional
administrative and provider agencies, the Department of Human
Services Office of Inspector General, or public guardians, if the
bank suspects that a customer who is an elderly or disabled person
has been or may become the victim of financial exploitation or
other crime and (b) any other financial institution or other third
party, if the bank believes that the furnishing of the information
[February 16, 2000] 34
may prevent financial exploitation of the elderly or disabled
person. A bank or person furnishing financial information pursuant
to this item (16) shall be immune from criminal or civil liability
or licensing disciplinary action on account of the furnishing of
that information, notwithstanding any requirements concerning the
confidentiality of information with respect to such elderly or
disabled person that might otherwise be applicable. For purposes of
this item (16), the term: (i) "elderly person" means a person who
is or reasonably appears to the bank to be 60 or more years of age,
(ii) "disabled person" means a person who has or reasonably appears
to the bank to have a physical or mental disability that impairs
his or her ability to seek or obtain protection from or prevent
financial exploitation, and (iii) "financial exploitation" means
tortious or illegal use of the assets or resources of an elderly or
disabled person, and includes, without limitation, misappropriation
of the elderly or disabled person's assets or resources by undue
influence, breach of fiduciary relationship, intimidation, fraud,
deception, extortion, or the use of assets or resources in any
manner contrary to law.
(c) Except as otherwise provided by this Act, a bank may not
disclose to any person, except to the customer or his duly authorized
agent, any financial records or financial information obtained from
financial records relating to that customer of that bank unless:
(1) the customer has authorized disclosure to the person;
(2) the financial records are disclosed in response to a
lawful subpoena, summons, warrant or court order which meets the
requirements of subsection (d) of this Section; or
(3) the bank is attempting to collect an obligation owed to
the bank and the bank complies with the provisions of Section 2I of
the Consumer Fraud and Deceptive Business Practices Act.
(d) A bank shall disclose financial records under paragraph (2) of
subsection (c) of this Section under a lawful subpoena, summons,
warrant, or court order only after the bank mails a copy of the
subpoena, summons, warrant, or court order to the person establishing
the relationship with the bank, if living, and, otherwise his personal
representative, if known, at his last known address by first class
mail, postage prepaid, unless the bank is specifically prohibited from
notifying the person by order of court or by applicable State or
federal law. A bank shall not mail a copy of a subpoena to any person
pursuant to this subsection if the subpoena was issued by a grand jury
under the Statewide Grand Jury Act.
(e) Any officer or employee of a bank who knowingly and willfully
furnishes financial records in violation of this Section is guilty of a
business offense and, upon conviction, shall be fined not more than
$1,000.
(f) Any person who knowingly and willfully induces or attempts to
induce any officer or employee of a bank to disclose financial records
in violation of this Section is guilty of a business offense and, upon
conviction, shall be fined not more than $1,000.
(g) A bank shall be reimbursed for costs that are reasonably
necessary and that have been directly incurred in searching for,
reproducing, or transporting books, papers, records, or other data of a
customer required or requested to be produced pursuant to a lawful
subpoena, summons, warrant, or court order. The Commissioner shall
determine the rates and conditions under which payment may be made.
(Source: P.A. 90-18, eff. 7-1-97; 90-665, eff. 7-30-98; 91-330, eff.
7-29-99.)
(205 ILCS 5/48.6 new)
Sec. 48.6. Retention of records. Unless a federal law requires
otherwise, the Commissioner may by rule prescribe periods of time for
which banks operating under this Act must retain records and after the
expiration of which, the bank may destroy those records. No liability
shall accrue against the bank, the Commissioner, or this State for the
destruction of records according to rules of the Commissioner
promulgated under the authority of this Section. In any cause or
proceeding in which any records may be called in question or be
35 [February 16, 2000]
demanded by any bank, a showing of the expiration of the period so
prescribed shall be sufficient excuse for failure to produce them.
Section 10. The Illinois Savings and Loan Act of 1985 is amended
by changing Sections 1-10.14, 1-10.21, and 3-8 as follows:
(205 ILCS 105/1-10.14) (from Ch. 17, par. 3301-10.14)
Sec. 1-10.14. "Person": an individual, limited liability company,
partnership, joint venture, trust, estate, unincorporated association,
or corporation.
(Source: P.A. 84-543.)
(205 ILCS 105/1-10.21) (from Ch. 17, par. 3301-10.21)
Sec. 1-10.21. "Service Corporation": any corporation or limited
liability company which is 90% or more owned by one or more
associations, whose purpose or purposes are reasonably incident to the
accomplishment of the express powers conferred upon associations by
this Act or a corporation or limited liability company chartered for
any purpose whatsoever by at least one association or a corporation or
limited liability company in which an association has a controlling
interest, and the ownership of all of whose stock or ownership interest
is subject to the regulations of the Commissioner.
(Source: P.A. 84-543.)
(205 ILCS 105/3-8) (from Ch. 17, par. 3303-8)
Sec. 3-8. Access to books and records; communication with members.
(a) Every member or holder of capital shall have the right to
inspect the books and records of the association that pertain to his
account. Otherwise, the right of inspection and examination of the
books and records shall be limited as provided in this Act, and no
other person shall have access to the books and records or shall be
entitled to a list of the members.
(b) For the purpose of this Section, the term "financial records"
means any original, any copy, or any summary of (i) a document granting
signature authority over a deposit or account; (ii) a statement, ledger
card, or other record on any deposit or account that shows each
transaction in or with respect to that account; (iii) a check, draft,
or money order drawn on an association or issued and payable by an
association; or (iv) any other item containing information pertaining
to any relationship established in the ordinary course of an
association's business between an association and its customer.
(c) This Section does not prohibit:
(1) The preparation, examination, handling, or maintenance of
any financial records by any officer, employee, or agent of an
association having custody of those records or the examination of
those records by a certified public accountant engaged by the
association to perform an independent audit;
(2) The examination of any financial records by, or the
furnishing of financial records by an association to, any officer,
employee, or agent of the Commissioner of Banks and Real Estate,
Federal Savings and Loan Insurance Corporation and its successors,
Federal Deposit Insurance Corporation, Resolution Trust Corporation
and its successors, Federal Home Loan Bank Board and its
successors, Office of Thrift Supervision, Federal Housing Finance
Board, Board of Governors of the Federal Reserve System, any
Federal Reserve Bank, or the Office of the Comptroller of the
Currency for use solely in the exercise of his duties as an
officer, employee, or agent;
(3) The publication of data furnished from financial records
relating to members or holders of capital where the data cannot be
identified to any particular member, holder of capital, or account;
(4) The making of reports or returns required under Chapter
61 of the Internal Revenue Code of 1986;
(5) Furnishing information concerning the dishonor of any
negotiable instrument permitted to be disclosed under the Uniform
Commercial Code;
(6) The exchange in the regular course of business of credit
information between an association and other associations or
financial institutions or commercial enterprises, directly or
through a consumer reporting agency;
[February 16, 2000] 36
(7) The furnishing of information to the appropriate law
enforcement authorities where the association reasonably believes
it has been the victim of a crime;
(8) The furnishing of information pursuant to the Uniform
Disposition of Unclaimed Property Act;
(9) The furnishing of information pursuant to the Illinois
Income Tax Act and the Illinois Estate and Generation-Skipping
Transfer Tax Act;
(10) The furnishing of information pursuant to the federal
"Currency and Foreign Transactions Reporting Act", (Title 31,
United States Code, Section 1051 et seq.);
(11) The furnishing of information pursuant to any other
statute that by its terms or by regulations promulgated thereunder
requires the disclosure of financial records other than by
subpoena, summons, warrant, or court order;
(12) The exchange of information between an association and
an affiliate of the association; as used in this item, "affiliate"
includes any company, partnership, or organization that controls,
is controlled by, or is under common control with an association.
(13) The furnishing of information in accordance with the
federal Personal Responsibility and Work Opportunity Reconciliation
Act of 1996. Any association governed by this Act shall enter into
an agreement for data exchanges with a State agency provided the
State agency pays to the association a reasonable fee not to exceed
its actual cost incurred. An association providing information in
accordance with this item shall not be liable to any account holder
or other person for any disclosure of information to a State
agency, for encumbering or surrendering any assets held by the
association in response to a lien or order to withhold and deliver
issued by a State agency, or for any other action taken pursuant to
this item, including individual or mechanical errors, provided the
action does not constitute gross negligence or willful misconduct.
An association shall have no obligation to hold, encumber, or
surrender assets until it has been served with a subpoena, summons,
warrant, court or administrative order, lien, or levy.
(14) The furnishing of information to: (a) law enforcement
authorities, the Illinois Department on Aging and its regional
administrative and provider agencies, the Department of Human
Services Office of Inspector General, or public guardians, if the
association suspects that a customer who is an elderly or disabled
person has been or may become the victim of financial exploitation
or other crime and (b) any other financial institution or other
third party, if the association believes that the furnishing of the
information may prevent financial exploitation of the elderly or
disabled person. An association or person furnishing financial
information pursuant to this item (14) shall be immune from
criminal or civil liability or licensing disciplinary action on
account of the furnishing of that information, notwithstanding any
requirements concerning the confidentiality of information with
respect to such elderly or disabled person that might otherwise be
applicable. For purposes of this item (14), the term: (i) "elderly
person" means a person who is or reasonably appears to the
association to be 60 or more years of age, (ii) "disabled person"
means a person who has or reasonably appears to the association to
have a physical or mental disability that impairs his or her
ability to seek or obtain protection from or prevent financial
exploitation, and (iii) "financial exploitation" means tortious or
illegal use of the assets or resources of an elderly or disabled
person, and includes, without limitation, misappropriation of the
elderly or disabled person's assets or resources by undue
influence, breach of fiduciary relationship, intimidation, fraud,
deception, extortion, or the use of assets or resources in any
manner contrary to law.
(d) An association may not disclose to any person, except to the
member or holder of capital or his duly authorized agent, any financial
records relating to that member or holder of capital of that
37 [February 16, 2000]
association unless:
(1) The member or holder of capital has authorized disclosure
to the person; or
(2) The financial records are disclosed in response to a
lawful subpoena, summons, warrant, or court order that meets the
requirements of subsection (e) of this Section.
(e) An association shall disclose financial records under
subsection (d) of this Section pursuant to a lawful subpoena, summons,
warrant, or court order only after the association mails a copy of the
subpoena, summons, warrant, or court order to the person establishing
the relationship with the association, if living, and, otherwise, his
personal representative, if known, at his last known address by first
class mail, postage prepaid, unless the association is specifically
prohibited from notifying that person by order of court.
(f) (1) Any officer or employee of an association who knowingly
and willfully furnishes financial records in violation of this Section
is guilty of a business offense and, upon conviction, shall be fined
not more than $1,000.
(2) Any person who knowingly and willfully induces or attempts to
induce any officer or employee of an association to disclose financial
records in violation of this Section is guilty of a business offense
and, upon conviction, shall be fined not more than $1,000.
(g) However, if any member desires to communicate with the other
members of the association with reference to any question pending or to
be presented at a meeting of the members, the association shall give
him upon request a statement of the approximate number of members
entitled to vote at the meeting and an estimate of the cost of
preparing and mailing the communication. The requesting member then
shall submit the communication to the Commissioner who, if he finds it
to be appropriate and truthful, shall direct that it be prepared and
mailed to the members upon the requesting member's payment or adequate
provision for payment of the expenses of preparation and mailing.
(h) An Association shall be reimbursed for costs that are
necessary and that have been directly incurred in searching for,
reproducing, or transporting books, papers, records, or other data of a
customer required to be reproduced pursuant to a lawful subpoena,
warrant, or court order.
(Source: P.A. 89-508, eff. 7-3-96; 90-18, eff. 7-1-97.)
Section 15. The Savings Bank Act is amended by changing Sections
1007.90, 1007.105, and 4013 as follows:
(205 ILCS 205/1007.90) (from Ch. 17, par. 7301-7.90)
Sec. 1007.90. "Person" means an individual, corporation, limited
liability company, partnership, joint venture, trust, estate, or
unincorporated association.
(Source: P.A. 86-1213.)
(205 ILCS 205/1007.105) (from Ch. 17, par. 7301-7.105)
Sec. 1007.105. "Service corporation" means any corporation or
limited liability company that is 51% or more owned by one or more
savings banks, or by savings banks and other depository institutions,
whose purposes are reasonably incident to the accomplishment of the
powers conferred upon savings banks by this Act.
(Source: P.A. 91-97, eff. 7-9-99.)
(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
Sec. 4013. Access to books and records; communication with members
and shareholders.
(a) Every member or shareholder shall have the right to inspect
books and records of the savings bank that pertain to his accounts.
Otherwise, the right of inspection and examination of the books and
records shall be limited as provided in this Act, and no other person
shall have access to the books and records nor shall be entitled to a
list of the members or shareholders.
(b) For the purpose of this Section, the term "financial records"
means any original, any copy, or any summary of (1) a document granting
signature authority over a deposit or account; (2) a statement, ledger
card, or other record on any deposit or account that shows each
transaction in or with respect to that account; (3) a check, draft, or
[February 16, 2000] 38
money order drawn on a savings bank or issued and payable by a savings
bank; or (4) any other item containing information pertaining to any
relationship established in the ordinary course of a savings bank's
business between a savings bank and its customer.
(c) This Section does not prohibit:
(1) The preparation examination, handling, or maintenance of
any financial records by any officer, employee, or agent of a
savings bank having custody of records or examination of records by
a certified public accountant engaged by the savings bank to
perform an independent audit.
(2) The examination of any financial records by, or the
furnishing of financial records by a savings bank to, any officer,
employee, or agent of the Commissioner of Banks and Real Estate or
the Federal Deposit Insurance Corporation for use solely in the
exercise of his duties as an officer, employee, or agent.
(3) The publication of data furnished from financial records
relating to members or holders of capital where the data cannot be
identified to any particular member, shareholder, or account.
(4) The making of reports or returns required under Chapter
61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of any
negotiable instrument permitted to be disclosed under the Uniform
Commercial Code.
(6) The exchange in the regular course of business of credit
information between a savings bank and other savings banks or
financial institutions or commercial enterprises, directly or
through a consumer reporting agency.
(7) The furnishing of information to the appropriate law
enforcement authorities where the savings bank reasonably believes
it has been the victim of a crime.
(8) The furnishing of information pursuant to the Uniform
Disposition of Unclaimed Property Act.
(9) The furnishing of information pursuant to the Illinois
Income Tax Act and the Illinois Estate and Generation-Skipping
Transfer Tax Act.
(10) The furnishing of information pursuant to the federal
"Currency and Foreign Transactions Reporting Act", (Title 31,
United States Code, Section 1051 et seq.).
(11) The furnishing of information pursuant to any other
statute which by its terms or by regulations promulgated thereunder
requires the disclosure of financial records other than by
subpoena, summons, warrant, or court order.
(12) The furnishing of information in accordance with the
federal Personal Responsibility and Work Opportunity Reconciliation
Act of 1996. Any savings bank governed by this Act shall enter into
an agreement for data exchanges with a State agency provided the
State agency pays to the savings bank a reasonable fee not to
exceed its actual cost incurred. A savings bank providing
information in accordance with this item shall not be liable to any
account holder or other person for any disclosure of information to
a State agency, for encumbering or surrendering any assets held by
the savings bank in response to a lien or order to withhold and
deliver issued by a State agency, or for any other action taken
pursuant to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence or willful
misconduct. A savings bank shall have no obligation to hold,
encumber, or surrender assets until it has been served with a
subpoena, summons, warrant, court or administrative order, lien, or
levy.
(13) The furnishing of information to: (a) law enforcement
authorities, the Illinois Department on Aging and its regional
administrative and provider agencies, the Department of Human
Services Office of Inspector General, or public guardians, if the
savings bank suspects that a customer who is an elderly or disabled
person has been or may become the victim of financial exploitation
or other crime and (b) any other financial institution or other
39 [February 16, 2000]
third party, if the savings bank believes that the furnishing of
the information may prevent financial exploitation of the elderly
or disabled person. A savings bank or person furnishing financial
information pursuant to this item (13) shall be immune from
criminal or civil liability or licensing disciplinary action on
account of the furnishing of that information, notwithstanding any
requirements concerning the confidentiality of information with
respect to such elderly or disabled person that might otherwise be
applicable. For purposes of this item (13), the term: (i) "elderly
person" means a person who is or reasonably appears to the savings
bank to be 60 or more years of age, (ii) "disabled person" means a
person who has or reasonably appears to the savings bank to have a
physical or mental disability that impairs his or her ability to
seek or obtain protection from or prevent financial exploitation,
and (iii) "financial exploitation" means tortious or illegal use of
the assets or resources of an elderly or disabled person, and
includes, without limitation, misappropriation of the elderly or
disabled person's assets or resources by undue influence, breach of
fiduciary relationship, intimidation, fraud, deception, extortion,
or the use of assets or resources in any manner contrary to law.
(d) A savings bank may not disclose to any person, except to the
member or holder of capital or his duly authorized agent, any financial
records relating to that member or shareholder of the savings bank
unless:
(1) the member or shareholder has authorized disclosure to
the person; or
(2) the financial records are disclosed in response to a
lawful subpoena, summons, warrant, or court order that meets the
requirements of subsection (e) of this Section.
(e) A savings bank shall disclose financial records under
subsection (d) of this Section pursuant to a lawful subpoena, summons,
warrant, or court order only after the savings bank mails a copy of the
subpoena, summons, warrant, or court order to the person establishing
the relationship with the savings bank, if living, and otherwise, his
personal representative, if known, at his last known address by first
class mail, postage prepaid, unless the savings bank is specifically
prohibited from notifying the person by order of court.
(f) Any officer or employee of a savings bank who knowingly and
willfully furnishes financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be fined not
more than $1,000.
(g) Any person who knowingly and willfully induces or attempts to
induce any officer or employee of a savings bank to disclose financial
records in violation of this Section is guilty of a business offense
and, upon conviction, shall be fined not more than $1,000.
(h) If any member or shareholder desires to communicate with the
other members or shareholders of the savings bank with reference to any
question pending or to be presented at an annual or special meeting,
the savings bank shall give that person, upon request, a statement of
the approximate number of members or shareholders entitled to vote at
the meeting and an estimate of the cost of preparing and mailing the
communication. The requesting member shall submit the communication to
the Commissioner who, upon finding it to be appropriate and truthful,
shall direct that it be prepared and mailed to the members upon the
requesting member's or shareholder's payment or adequate provision for
payment of the expenses of preparation and mailing.
(i) A savings bank shall be reimbursed for costs that are
necessary and that have been directly incurred in searching for,
reproducing, or transporting books, papers, records, or other data of a
customer required to be reproduced pursuant to a lawful subpoena,
warrant, or court order.
(j) Notwithstanding the provisions of this Section, a savings bank
may sell or otherwise make use of lists of customers' names and
addresses. All other information regarding a customer's account are
subject to the disclosure provisions of this Section. At the request
of any customer, that customer's name and address shall be deleted from
[February 16, 2000] 40
any list that is to be sold or used in any other manner beyond
identification of the customer's accounts.
(Source: P.A. 89-508, eff. 7-3-96; 90-18, eff. 7-1-97.)
Section 20. The Illinois Credit Union Act is amended by changing
Sections 10, 15, 20, 22, 31, 32, 33, 35, and 52 as follows:
(205 ILCS 305/10) (from Ch. 17, par. 4411)
Sec. 10. Credit union records; member financial records.
(1) A credit union shall establish and maintain books, records,
accounting systems and procedures which accurately reflect its
operations and which enable the Department to readily ascertain the
true financial condition of the credit union and whether it is
complying with this Act.
(2) A photostatic or photographic reproduction of any credit union
records shall be admissible as evidence of transactions with the credit
union.
(3) (a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1) a
document granting signature authority over an account, (2) a
statement, ledger card or other record on any account which shows
each transaction in or with respect to that account, (3) a check,
draft or money order drawn on a financial institution or other
entity or issued and payable by or through a financial institution
or other entity, or (4) any other item containing information
pertaining to any relationship established in the ordinary course
of business between a credit union and its member.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or
maintenance of any financial records by any officer, employee
or agent of a credit union having custody of such records, or
the examination of such records by a certified public
accountant engaged by the credit union to perform an
independent audit;
(2) The examination of any financial records by or the
furnishing of financial records by a credit union to any
officer, employee or agent of the Department, the National
Credit Union Administration, Federal Reserve board or any
insurer of share accounts for use solely in the exercise of
his duties as an officer, employee or agent;
(3) The publication of data furnished from financial
records relating to members where the data cannot be
identified to any particular customer of account;
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1954;
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under the
Uniform Commercial Code;
(6) The exchange in the regular course of business of
credit information between a credit union and other credit
unions or financial institutions or commercial enterprises,
directly or through a consumer reporting agency;
(7) The furnishing of information to the appropriate law
enforcement authorities where the credit union reasonably
believes it has been the victim of a crime;
(8) The furnishing of information pursuant to the
Uniform Disposition of Unclaimed Property Act;
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act;
(10) The furnishing of information pursuant to the
federal "Currency and Foreign Transactions Reporting Act",
Title 31, United States Code, Section 1051 et sequentia; or
(11) The furnishing of information pursuant to any other
statute which by its terms or by regulations promulgated
thereunder requires the disclosure of financial records other
than by subpoena, summons, warrant or court order.
(12) The furnishing of information in accordance with
41 [February 16, 2000]
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any credit union governed by this
Act shall enter into an agreement for data exchanges with a
State agency provided the State agency pays to the credit
union a reasonable fee not to exceed its actual cost incurred.
A credit union providing information in accordance with this
item shall not be liable to any account holder or other person
for any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the credit
union in response to a lien or order to withhold and deliver
issued by a State agency, or for any other action taken
pursuant to this item, including individual or mechanical
errors, provided the action does not constitute gross
negligence or willful misconduct. A credit union shall have no
obligation to hold, encumber, or surrender assets until it has
been served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(13) The furnishing of information to: (a) law
enforcement authorities, the Illinois Department on Aging and
its regional administrative and provider agencies, the
Department of Human Services Office of Inspector General, or
public guardians, if the credit union suspects that a member
who is an elderly or disabled person has been or may become
the victim of financial exploitation or other crime and (b)
any other financial institution or other third party, if the
credit union believes that the furnishing of the information
may prevent financial exploitation of the elderly or disabled
member. A credit union or person furnishing financial
information pursuant to this item (13) shall be immune from
criminal or civil liability or licensing disciplinary action
on account of the furnishing of that information,
notwithstanding any requirements concerning the
confidentiality of information with respect to such elderly or
disabled person that might otherwise be applicable. For
purposes of this item (13), the term: (i) "elderly person"
means a person who is or reasonably appears to the credit
union to be 60 or more years of age, (ii) "disabled person"
means a person who has or reasonably appears to the credit
union to have a physical or mental disability that impairs his
or her ability to seek or obtain protection from or prevent
financial exploitation, and (iii) "financial exploitation"
means tortious or illegal use of the assets or resources of an
elderly or disabled person, and includes, without limitation,
misappropriation of the elderly or disabled person's assets or
resources by undue influence, breach of fiduciary
relationship, intimidation, fraud, deception, extortion, or
the use of assets or resources in any manner contrary to law.
(c) A credit union may not disclose to any person, except to the
member or his duly authorized agent, any financial records relating to
that member of the credit union unless:
(1) the member has authorized disclosure to the person;
(2) the financial records are disclosed in response to a
lawful subpoena, summons, warrant or court order that meets the
requirements of subparagraph (d) of this Section; or
(3) the credit union is attempting to collect an obligation
owed to the credit union and the credit union complies with the
provisions of Section 2I of the Consumer Fraud and Deceptive
Business Practices Act.
(d) A credit union shall disclose financial records under
subparagraph (c)(2) of this Section pursuant to a lawful subpoena,
summons, warrant or court order only after the credit union mails a
copy of the subpoena, summons, warrant or court order to the person
establishing the relationship with the credit union, if living, and
otherwise his personal representative, if known, at his last known
address by first class mail, postage prepaid unless the credit union is
specifically prohibited from notifying the person by order of court or
[February 16, 2000] 42
by applicable State or federal law. In the case of a grand jury
subpoena, a credit union shall not mail a copy of a subpoena to any
person pursuant to this subsection if the subpoena was issued by a
grand jury under the Statewide Grand Jury Act or notifying the person
would constitute a violation of the federal Right to Financial Privacy
Act of 1978.
(e) (1) Any officer or employee of a credit union who knowingly
and wilfully furnishes financial records in violation of this
Section is guilty of a business offense and upon conviction thereof
shall be fined not more than $1,000.
(2) Any person who knowingly and wilfully induces or attempts
to induce any officer or employee of a credit union to disclose
financial records in violation of this Section is guilty of a
business offense and upon conviction thereof shall be fined not
more than $1,000.
(f) A credit union shall be reimbursed for costs which are
reasonably necessary and which have been directly incurred in searching
for, reproducing or transporting books, papers, records or other data
of a member required or requested to be produced pursuant to a lawful
subpoena, summons, warrant or court order.
(Source: P.A. 89-603, eff. 8-2-96; 90-18, eff. 7-1-97.)
(205 ILCS 305/15) (from Ch. 17, par. 4416)
Sec. 15. Membership defined.
(1) The membership of a credit union shall be limited to and
consist of the subscribers to the articles of incorporation and such
other persons within the common bond, as defined in this Act and as set
forth in the credit union's articles of incorporation, as have been
duly admitted members, have paid the required entrance fee or
membership fee, or both, if any, have subscribed for one or more
shares, and have paid the initial installment thereon, and have
complied with such other requirements as the articles of incorporation
or bylaws specify. Two or more persons within the common bond who have
jointly subscribed for one or more shares under a joint account and
have complied with all membership requirements may each be admitted to
membership. The surviving spouse of a credit union member may, within
6 months of the member's death, become a member of the credit union by
paying the required entrance fee or membership fee or both, if any, by
subscribing for one or more shares and paying the initial installment
thereon, and by complying with such other requirements as the articles
of incorporation or bylaws specify.
(2) Any member may withdraw from a credit union at any time upon
giving notice of withdrawal as required by the bylaws.
(3) Any member may be expelled by a 2/3 vote of the members
present at any regular or special meeting called to consider the
matter, but only after an opportunity has been given to the member to
be heard.
(4) A member who has caused a loss to the credit union or who has
engaged in repeated verbally or physically abusive behavior toward
credit union officials, staff, agents, or volunteers or who has failed
to maintain one or more shares at the credit union may be expelled by a
majority vote of a quorum of directors if the board has adopted a
policy providing for expulsion under those circumstances. In
maintaining and enforcing a this policy based on loss, the board may
consider, without limitation, a member's failure to pay amounts due
under a loan, failure to provide collected funds to cover withdrawals
or personal share drafts or credit union drafts where the member is a
remitter, or failure to pay fees or charges due the credit union. If a
the policy is adopted by the board pursuant to this subsection (4),
written notice of the policy and the effective date of the policy shall
be mailed to each member of the credit union at the member's current
address appearing on the records of the credit union. The policy shall
be mailed to members not fewer than 30 days prior to the effective date
of the policy. In addition, new members shall be provided written
notice of the policy prior to or upon applying for membership.
(5) All or any part of the amount paid on shares of a withdrawing
member or expelled member with any declared dividends or interest on
43 [February 16, 2000]
the date of withdrawal or expulsion must, after deducting all amounts
due from the member to the credit union, be paid to him. The credit
union may require not more than 60 days' written notice of intention to
withdraw shares, but a notice of withdrawal does not entitle the member
to any preferred or prior claim in the event of liquidation.
Withdrawing or expelled members have no further rights in the credit
union, but are not, by withdrawal or expulsion, released from any
obligation they owe to the credit union.
(6) A member who has caused a loss to the credit union or who has
engaged in repeated verbally or physically abusive behavior toward
credit union officials, staff, agents, or volunteers may be denied any
or all credit union services in accordance with board policy, however,
members who are denied services shall be allowed to maintain a share
account and to vote on all issues put to a vote of the membership.
(Source: P.A. 88-235; 89-603, eff. 8-2-96.)
(205 ILCS 305/20) (from Ch. 17, par. 4421)
Sec. 20. Election or appointment of officials.
(1) The credit union shall be directed by a Board of Directors
consisting of no less than 7 in number, to be elected at the annual
meeting by and from the members. Directors shall hold office until the
next annual meeting, unless their terms are staggered. Upon amendment
of its bylaws, a credit union may divide the Directors into 2 or 3
classes with each class as nearly equal in number as possible. The
term of office of the directors of the first class shall expire at the
first annual meeting after their election, that of the second class
shall expire at the second annual meeting after their election, and
that of the third class, if any, shall expire at the third annual
meeting after their election. At each annual meeting after the
classification, the number of directors equal to the number of
directors whose terms expire at the time of the meeting shall be
elected to hold office until the second succeeding annual meeting if
there are 2 classes or until the third succeeding annual meeting if
there are 3 classes. A Director shall hold office for the term for
which he or she is elected and until his or her successor is elected
and qualified. In all elections for Directors, every member has the
right to vote, in person or by proxy, the number of shares owned by
him, or in the case of a member other than a natural person, the
member's one vote, for as many persons as there are Directors to be
elected, or to cumulate such shares, and give one candidate as many
votes as the number of Directors multiplied by the number of his shares
equals, or to distribute them on the same principle among as many
candidates as he may desire and the Directors shall not be elected in
any other manner. Shares held in a joint account owned by more than
one member may be voted by any one of the members, however, the number
of cumulative votes cast may not exceed a total equal to the number of
shares multiplied by the number of directors to be elected. A majority
of the shares entitled to vote shall be represented either in person or
by proxy for the election of Directors. Each Director shall wholly
take and subscribe to an oath that he will diligently and honestly
perform his duties in administering the affairs of the credit union,
that while he may delegate to another the performance of those
administrative duties he is not thereby relieved from his
responsibility for their performance, that he will not knowingly
violate or willingly permit to be violated any law applicable to the
credit union, and that he is the owner of at least one share of the
credit union.
(2) The Board of Directors shall appoint from among the members of
the credit union, a Supervisory Committee of not less than 3 members at
the organization meeting and within 30 days following each annual
meeting of the members for such terms as the bylaws provide. Members
of the Supervisory Committee may, but need not be, on the Board of
Directors, but shall not be officers of the credit union, or members of
the Credit Committee, or the credit manager if no Credit Committee has
been appointed.
(3) The Board of Directors may shall appoint, from among the
members of the credit union, a Credit Committee consisting of an odd
[February 16, 2000] 44
number, not less than 3 for such terms as the bylaws provide. Members
of the Credit Committee may, but need not be, Directors or officers of
the credit union, but shall not be members of the Supervisory
Committee.
(4) The Board of Directors shall appoint from among the members of
the credit union a Membership Committee of one or more persons. It
shall act upon all applications for membership and submit a report of
its actions to the Board of Directors at the next monthly meeting for
review.
(Source: P.A. 88-235; 89-74, eff. 6-30-95.)
(205 ILCS 305/22) (from Ch. 17, par. 4423)
Sec. 22. Vacancies. The Board of Directors shall, by appointment
from among the credit union members, fill any vacancies occurring on
the Board for the remainder of the Director's unexpired term or until a
successor is elected and qualified. The Board shall, by appointment
from among the credit union members, fill vacancies in the Membership
Committee, Credit Committee, or credit manager if no Credit Committee
has been appointed, and Supervisory Committees.
(Source: P.A. 81-329.)
(205 ILCS 305/31) (from Ch. 17, par. 4432)
Sec. 31. Supervision of loans Authority of Credit Committee. The
Credit Committee shall have the general supervision of all loans and
lines of credit to members. If no Credit Committee has been appointed,
the credit manager shall have the general supervision of all loans and
lines of credit to members.
(Source: P.A. 81-329.)
(205 ILCS 305/32) (from Ch. 17, par. 4433)
Sec. 32. Meetings of Credit Committee. If a Credit Committee has
been appointed by the board, the provisions of this Section shall
apply. The Credit Committee shall meet as often as the operations of
the credit union require and not less frequently than once a month to
consider applications for loans and lines of credit. Unless a greater
percentage is required in the credit union's bylaws, a majority of the
Credit Committee shall constitute a quorum. No loan shall be made
unless it is approved, in writing, by a majority of the Committee who
are present at a meeting at which a quorum is present and at which the
application is considered. The Credit Committee shall report to the
Directors at each Board meeting on all meetings held and actions taken
since the last Board meeting.
(Source: P.A. 81-329.)
(205 ILCS 305/33) (from Ch. 17, par. 4434)
Sec. 33. Credit manager.
(1) The Credit Committee may or, if no Credit Committee has been
appointed, the Board of Directors shall appoint a credit manager who
shall be empowered to approve or disapprove loans and lines of credit
under conditions prescribed by the Board of Directors. The Credit
Committee or credit manager may appoint one or more loan officers with
the power to approve loans and lines of credit, subject to such
limitations or conditions as may be prescribed by the Board of
Directors. The credit manager and any loan officers appointed by the
Credit Committee or the credit manager shall keep written records of
all transactions and shall report, in writing, to the Credit Committee
if a Credit Committee has been appointed, otherwise which shall in turn
report, in writing, to the Directors at each Board meeting.
(2) Applications for loans or lines of credit not approved by a
loan officer shall be reviewed and acted upon by the Credit Committee
or credit manager.
(3) The loan officers must keep written records of all loans or
lines of credit granted or refused and any other transactions and
submit a report to the Credit Committee or credit manager at least once
each month.
(Source: P.A. 81-329.)
(205 ILCS 305/35) (from Ch. 17, par. 4436)
Sec. 35. Suspension and removal of officials.
(1) The Supervisory Committee, by a unanimous vote of the whole
committee, may suspend any member of the Credit Committee or the credit
45 [February 16, 2000]
manager if no Credit Committee has been appointed and. The Supervisory
Committee shall report such action to the Board of Directors for
appropriate action.
(2) The Supervisory Committee, by a unanimous vote of the whole
committee, may suspend any officer or member of the Board of Directors
until the next members' meeting, which shall be held not less than 7
nor more than 21 days after such suspension. At such meeting, the
suspension shall be acted upon by the members, who shall either confirm
or reject it by majority vote.
(Source: P.A. 81-329.)
(205 ILCS 305/52) (from Ch. 17, par. 4453)
Sec. 52. Loans to directors, officers, Credit Committee, credit
manager, and Supervisory Committee members. A credit union may make
loans to its directors, officers, Credit Committee members, credit
manager, and Supervisory Committee members, provided that the loan
complies with all lawful requirements under this Act with respect to
loans to other borrowers. No loan may be made to or cosigned by any
director, officer, Credit Committee member, credit manager if no Credit
Committee has been appointed, or Supervisory Committee member which
would cause the aggregate amount of all loans then outstanding to or
cosigned by all directors, officers, Credit Committee members, credit
manager if no Credit Committee has been appointed, or Supervisory
Committee members to exceed 20% of the unimpaired capital and surplus
of the credit union.
(Source: P.A. 85-1273.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was held on the order
of Second Reading.
HOUSE BILL 4089. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Elections &
Campaign Reform, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 4089
AMENDMENT NO. 1. Amend House Bill 4089 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Internet
Voting Commission Act.
Section 5. Commission created. The Internet Voting Commission is
created, consisting of 8 members of the General Assembly and 8 public
members. The President and Minority Leader of the Senate and the
Speaker and Minority Leader of the House of Representatives shall each
appoint 2 legislative members and 2 public members.
The Internet Voting Commission shall study and recommend to the
General Assembly a system of voting via the Internet at elections in
2002 and thereafter. The Internet system of voting shall supplement and
not replace existing voting systems.
The Commission shall designate a chairman from among its number,
shall meet as frequently as necessary at the call of the chair, and
shall report its findings to the General Assembly as expeditiously as
possible. Commission recommendations shall take effect upon the
effective date of a Public Act that enacts them.
Commission members shall receive no compensation but shall be
reimbursed for expenses incurred in the performance of their duties
from funds appropriated for that purpose.
The Commission is abolished January 1, 2003.
Section 10. Repeal. This Act is repealed January 1, 2003.
Section 99. Effective date. This Act takes effect upon becoming
law.".
[February 16, 2000] 46
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 3951. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Transportation & Motor Vehicles, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 3951
AMENDMENT NO. 1. Amend House Bill 3951, on page 1, line 24, after
"V-type", by inserting "or triangular, provided that the angle between
sign faces shall not exceed 90 degrees".
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 2970. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Agriculture
& Conservation, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2970
AMENDMENT NO. 1. Amend House Bill 2970, on page 7, line 26, by
replacing "air pollution," with "air pollution,"; and
on page 7, line 27, by replacing "noise pollution" with "noise
pollution"; and
on page 9, line 32, by replacing "coal mineral" with "mineral"; and
on page 10, by replacing lines 14 through 17 with the following:
"capable of supporting vegetation shall be covered to a minimum depth
of 4 feet with soil or other material in accordance with sound soil
conservation practices as prescribed by the Director. Such material
must be capable".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
Having been printed, the following bill was taken up, read by title
a second time and held on the order of Second Reading: HOUSE BILL 4632.
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 Andrea Moore, HOUSE BILL 3990 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:
99, Yeas; 15, 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 Lopez, HOUSE BILL 4144 was taken up and
read by title a third time.
47 [February 16, 2000]
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 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.
RESOLUTIONS
HOUSE RESOLUTION 524 was taken up for consideration.
Representative Daniels moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
At the hour of 8:00 o'clock p.m., Representative Lang moved that
the House do now adjourn until Thursday, February 17, 2000, at 1:00
o'clock p.m.
The motion prevailed.
And the House stood adjourned.
[February 16, 2000] 48
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
FEB 16, 2000
0 YEAS 0 NAYS 115 PRESENT
P ACEVEDO P FOWLER P LINDNER P REITZ
P BASSI P FRANKS P LOPEZ P RIGHTER
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,JERRY A SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK E MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER P OSTERMAN P WIRSING
P DAVIS,STEVE P KLINGLER P PANKAU P WOJCIK
P DELGADO P KOSEL P PARKE P WOOLARD
P DURKIN P KRAUSE P PERSICO P YOUNGE
P ERWIN P LANG P POE P ZICKUS
P FEIGENHOLTZ P LAWFER P PUGH A MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
49 [February 16, 2000]
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 618
$BUREAU OF THE BUDGET
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
FEB 16, 2000
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
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,JERRY A SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
Y DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
[February 16, 2000] 50
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE RESOLUTION 594
SPECIAL HSE COMM-TELECOM
ADOPTED
FEB 16, 2000
114 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
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,JERRY A SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR P WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
Y DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
51 [February 16, 2000]
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3406
SCH CD-TAX EQUIVALENT GRANT
THIRD READING
PASSED
FEB 16, 2000
113 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
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
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY A SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
Y DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
[February 16, 2000] 52
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3457
EPA-CLEAN CONSTRUCTION DEBRIS
THIRD READING
PASSED
FEB 16, 2000
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
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,JERRY A SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
Y DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
53 [February 16, 2000]
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3059
SEX OFFENDER REGISTRATION-CAR
THIRD READING
PASSED
FEB 16, 2000
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
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,JERRY A SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
Y DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
[February 16, 2000] 54
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 3990
COUNTY HIGHWAYS
THIRD READING
PASSED
FEB 16, 2000
99 YEAS 15 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ N RIGHTER
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 N SCHMITZ
N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N 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 N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY A SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK E MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE 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 OSTERMAN Y WIRSING
Y DAVIS,STEVE N KLINGLER Y PANKAU Y WOJCIK
Y DELGADO N KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE N ZICKUS
Y FEIGENHOLTZ N LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
55 [February 16, 2000]
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4144
COUNTY-CAMPGROUND REGS
THIRD READING
PASSED
FEB 16, 2000
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y REITZ
Y BASSI Y FRANKS Y LOPEZ Y RIGHTER
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,JERRY A SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN A STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK
Y DELGADO Y KOSEL Y PARKE Y WOOLARD
Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE
Y ERWIN Y LANG Y POE Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y PUGH A MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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