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STATE OF ILLINOIS HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-THIRD GENERAL ASSEMBLY 21ST LEGISLATIVE DAY WEDNESDAY, FEBRUARY 26, 2003 1:00 O'CLOCK P.M. NO. 21

HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

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Page 1: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

STATE OF ILLINOIS

HOUSE JOURNAL

HOUSE OF REPRESENTATIVES

NINETY-THIRD GENERAL ASSEMBLY

21ST LEGISLATIVE DAY

WEDNESDAY, FEBRUARY 26, 2003

1:00 O'CLOCK P.M.

NO. 21

Page 2: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

[February 26, 2003] 2

HOUSE OF REPRESENTATIVES Daily Journal Index 21st Legislative Day

Action Page(s)

Adjournment ........................................................................................................................20 Agreed Resolution................................................................................................................12 Committee on Rules Reassignments ......................................................................................7 Committee on Rules Referral .............................................................................................6, 7 Fiscal Notes Supplied.............................................................................................................8 House Joint Resolutions Constitutional Amendments .........................................................11 Housing Affordability Impact Note Supplied ........................................................................8 Judicial Notes Supplied ..........................................................................................................8 Motions Submitted .................................................................................................................7 Quorum Roll Call ...................................................................................................................4 Report from the Committee on Rules.....................................................................................5 Reports ...................................................................................................................................4

Bill Number Legislative Action Page(s) HB 0016 Second Reading – Amendment/s .........................................................................................12 HB 0020 Committee Report – Floor Amendment/s ..............................................................................5 HB 0043 Committee Report – Floor Amendment/s ..............................................................................5 HB 0051 Second Reading – Amendment/s .........................................................................................14 HB 0088 Second Reading – Amendment/s .........................................................................................15 HB 0094 Recall ...................................................................................................................................18 HB 0094 Second Reading....................................................................................................................16 HB 0116 Committee Report – Floor Amendment/s ..............................................................................6 HB 0120 Committee Report – Floor Amendment/s ..............................................................................6 HB 0123 Committee Report – Floor Amendment/s ..............................................................................6 HB 0131 Motion Submitted ..................................................................................................................7 HB 0136 Recall ...................................................................................................................................19 HB 0136 Second Reading....................................................................................................................16 HB 0199 Second Reading....................................................................................................................16 HB 0200 Second Reading....................................................................................................................16 HB 0201 Second Reading....................................................................................................................16 HB 0206 Recall ...................................................................................................................................18 HB 0207 Third Reading ......................................................................................................................19 HB 0236 Third Reading ......................................................................................................................20 HB 0294 Second Reading....................................................................................................................16 HB 0308 Second Reading....................................................................................................................16 HB 0333 Second Reading....................................................................................................................16 HB 0405 Second Reading....................................................................................................................16 HB 0438 Second Reading....................................................................................................................16 HB 0467 Second Reading....................................................................................................................16 HB 0469 Second Reading – Amendment/s .........................................................................................16 HB 0495 Second Reading – Amendment/s .........................................................................................16 HB 0497 Second Reading....................................................................................................................17 HB 0525 Second Reading....................................................................................................................17 HB 0528 Second Reading....................................................................................................................17 HB 0532 Second Reading....................................................................................................................17 HB 0535 Second Reading....................................................................................................................17 HB 0538 Second Reading – Amendment/s .........................................................................................19 HB 0544 Second Reading....................................................................................................................17 HB 0546 Second Reading....................................................................................................................17 HB 0547 Second Reading....................................................................................................................17

Page 3: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

3 [February 26, 2003] HB 1087 Second Reading....................................................................................................................17 HB 1103 Second Reading....................................................................................................................17 HB 1177 Second Reading....................................................................................................................17 HB 1179 Second Reading – Amendment/s .........................................................................................17 HB 1185 Second Reading....................................................................................................................17 HB 1205 Second Reading....................................................................................................................17 HB 1208 Second Reading....................................................................................................................19 HB 1246 Second Reading....................................................................................................................17 HB 1251 Second Reading....................................................................................................................17 HB 1254 Second Reading....................................................................................................................17 HB 1267 Second Reading....................................................................................................................17 HB 1274 Second Reading....................................................................................................................17 HB 1284 Second Reading....................................................................................................................17 HB 1356 Second Reading....................................................................................................................17 HB 1377 Second Reading....................................................................................................................17 HB 1385 Second Reading....................................................................................................................17 HB 1387 Second Reading....................................................................................................................17 HB 1389 Second Reading – Amendment/s .........................................................................................17 HB 1394 Second Reading....................................................................................................................17 HB 1400 Second Reading....................................................................................................................17 HB 1423 Second Reading....................................................................................................................17 HB 1425 Second Reading....................................................................................................................17 HB 1434 Second Reading....................................................................................................................17 HB 1437 Second Reading – Amendment/s .........................................................................................17 HB 1447 Second Reading....................................................................................................................17 HB 1469 Second Reading....................................................................................................................17 HB 1487 Second Reading....................................................................................................................17 HB 1506 Second Reading....................................................................................................................17 HB 1522 Second Reading....................................................................................................................17 HB 1578 Second Reading – Amendment/s .........................................................................................18 HB 1585 Second Reading – Amendment/s .........................................................................................18 HB 1586 Second Reading....................................................................................................................18 HB 1624 Second Reading....................................................................................................................18 HB 1632 Second Reading....................................................................................................................18 HJRCA 0017 Constitutional Amendment – First Reading.........................................................................11 HR 0084 Resolution ............................................................................................................................12 HR 0084 Adoption ...............................................................................................................................19

Page 4: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

[February 26, 2003] 4 The House met pursuant to adjournment. Speaker Madigan in the chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield. Representative Hartke led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 118 present. (ROLL CALL 1)

REPORTS

The Clerk of the House acknowledges receipt of the following correspondence:

Pension Impact Notes, submitted by Pension Laws Commission. Additional Pension Impact Notes, submitted by Pension Laws Commission. Compliance Audit on Illinois Health Care Cost Containment Council, for two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit on Illinois Racing Board for two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit on Prisoner Review Board, for two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit on Illinois Petroleum Resources Board, for year ended June 30, 2002, submitted by Office of the Auditor General. Financial and Compliance Audit on Kankakee River Valley Area Airport Authority, for year ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit on Illinois State Police Merit Board, for two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Pollution Control Board, for two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit on Illinois Office of the State's Attorneys Appellate Prosecutor, for two years ended June 30, 2002, submitted by Office of the Auditor General. Financial Statements for Iroquois/Kankakee Counties Regional Office of Education #32, for year ended June 30, 2002, submitted by Office of the Auditor General. Financial Statements for Will County Regional Office of Education #56, for year ended June 30, 2002, submitted by Office of the Auditor General. General-Purpose Financial Statements for Regional Office of Education #11 (Clark, Coles, Cumberland, Douglas, Edgar, Moultrie, and Shelby Counties), for year ended June 30, 2002, submitted by Office of the Auditor General. Financial Statements for LaSalle County Regional Office of Education #35, for year ended June 30, 2002, submitted by Office of the Auditor General. Financial Statements for Jackson/Perry Regional Office of Education #30, for year ended June 30, 2002, submitted by Office of the Auditor General. Financial Statements for St. Clair County Regional Office of Education #50, for year ended June 30, 2002, submitted by Office of the Auditor General. Financial Statements for Hamilton/Jefferson Counties Regional Office of Education #25, for year ended June 30, 2002, submitted by Office of the Auditor General. Financial Statements for Champaign/Ford Counties Regional Office of Education #9, for year ended June 30, 2002, submitted by Office of the Auditor General. Financial Statements for Clinton, Marion, and Washington Counties Regional Office of Education #13, for year ended June 30, 2002, submitted by Office of the Auditor General. Intergovernmental Issues, Winter 2002-2003, Vol.23, Numbers 3 & 4, submitted by Illinois Commission on Intergovernmental Cooperation. Flexible Work Schedule Plan for State Employees' Retirement Systems, submitted by Illinois State Retirement Systems. Flexible Work Schedule Plan for the Department of Financial Institutions, submitted by Department of Financial Institutions. Flexible Work Schedule Plan for Department of Labor, submitted by Illinois Department of Labor.

Page 5: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

5 [February 26, 2003] Flexible Work Schedule Plan for State Board of Elections, submitted by Illinois State Board of Elections. Flexible Work Schedule Plan for Department of Nuclear Safety, submitted by Department of Nuclear Safety. Flexible Work Schedule Plan for Office of the Illinois State Fire Marshal, submitted by Office of the Illinois State Fire Marshal. Flexible Work Schedule Plan for Illinois Educational Labor Relations Board, submitted by Illinois Educational Labor Relations Board. Flexible Work Schedule Plan for Illinois Arts Council, submitted by Illinois Arts Council. Flexible Work Schedule Plan for Department of Veterans' Affairs, submitted by Department of Veterans' Affairs. Information pursuant to the requirements of the Illinois Compiled Statutes 30 ILCS 105/25, submitted by Illinois Department of Public Aid. Flexible Work Schedule Plan for The Illinois Criminal Justice Information Authority, submitted by Department of Central Management Services. Financial Statements for the Metropolitan Pier and Exposition Authority, for the six months ended December 31, 2002, submitted by Metropolitan Pier and Exposition Authority. Financial and Compliance Audit for Illinois Health Facilities Authority, for year ended June 30, 2002, submitted by Office of the Auditor General. Financial Audit for Northern Illinois University Alumni Association, for year ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Sex Offender Management Board, for two years ended June 30, 2002, submitted by Office of the Auditor General. Financial Audit for Northern Illinois University Foundation, for year ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Northern Illinois University Foundation, two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Illinois Liquor Control Commission, two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Joint Committee on Administrative Rules, two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Northern Illinois University Alumni Association, two years ended June 30, 2002, submitted by Office of the Auditor General. Financial Audit for Prairie State 2000 Authority, year ended June 30, 2002, submitted by Office of the Auditor General. Financial Audit for Department of Financial Institutions, year ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Department of Financial Institutions, two years ended June 30, 2002, submitted by Office of the Auditor General. Financial and Compliance Audit for Northern Illinois University, year ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Legislative Information System, two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Judicial Inquiry Board, two years ended June 30, 2002, submitted by Office of the Auditor General. Compliance Audit for Violence Prevention Authority, two years ended June 30, 2002, submitted by Office of the Auditor General.

REPORT FROM THE COMMITTEE ON RULES

Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported “recommends be adopted”:

Amendment No. 1 to HOUSE BILL 20. Amendment No. 2 to HOUSE BILL 43.

Page 6: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

[February 26, 2003] 6

Amendment No. 1 to HOUSE BILL 116. Amendment No. 1 to HOUSE BILL 120. Amendment No. 2 to HOUSE BILL 123.

The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie,Barbara(D), Chairperson Y Black,William(R) Y Hannig,Gary(D) Y Hassert,Brent(R), Republican Spokesperson Y Turner,Arthur(D)

COMMITTEE ON RULES REFERRALS

Representative Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Aging: HOUSE BILLS 2413, 2922, 2923 and 2967. Agriculture & Conservation: HOUSE BILLS 2813, 2816, 2885, 2888, 2889, 2890, 2892, 2918, 2943, 2949, 2950 and 2951. Appropriations-Elementary & Secondary Education: HOUSE BILLS 2387, 2701 and 2702. Appropriations-General Service: HOUSE BILLS 2395, 2397, 2401, 2402, 2530, 2589, 2590, 2595, 2597, 2600, 2717, 2718, 2719, 2720, 2721, 2722, 2723, 2724, 2725, 2726, 2727, 2728, 2729, 2730, 2731, 2732, 2733, 2734, 2735, 2736, 2737, 2738, 2739, 2740, 2741, 2742, 2743, 2744, 2745, 2746, 2747, 2748, 2749, 2750, 2751, 2752, 2753, 2754, 2755, 2756, 2757, 2758, 2759, 2760, 2761, 2762, 2763, 2764, 2792, 2793, 2795 and 2796. Appropriations-Higher Education: HOUSE BILLS 2592, 2594, 2662, 2663, 2664, 2665, 2666, 2667, 2668, 2669, 2670, 2671, 2672, 2673, 2674 and 2675. Appropriations-Human Services: HOUSE BILLS 2427, 2448, 2505, 2588, 2635, 2703, 2704, 2705, 2706, 2707, 2708, 2709, 2710, 2711, 2712, 2713, 2714, 2715 and 2716. Appropriations-Public Safety: HOUSE BILLS 2396, 2398, 2399, 2404, 2603, 2604, 2676, 2677, 2678, 2679, 2680, 2681, 2682, 2683, 2684, 2685, 2686, 2687, 2688, 2689, 2690, 2691, 2692, 2693, 2694, 2695, 2696, 2697, 2698, 2699, 2700 and 2936. Commerce & Business Development: HOUSE BILL 2867. Computer Technology: HOUSE BILLS 2428 and 2972. Consumer Protection: HOUSE BILLS 2378, 2441, 2638, 2639 and 2642. Elections & Campaign Reform: HOUSE BILLS 2389, 2508, 2544, 2787 and 2851. Elementary & Secondary Education: HOUSE BILLS 2375, 2445, 2490, 2491, 2497, 2533, 2551, 2584, 2611, 2652, 2782, 2797, 2835, 2836, 2872, 2899, 2975, 2998, 2999 and 3001. Environment & Energy: HOUSE BILLS 2563, 2629, 2779, 2812 and 2866. Executive: HOUSE BILLS 2373, 2393, 2394, 2400, 2405, 2406, 2407, 2409, 2410, 2414, 2415, 2417, 2418, 2419, 2420, 2424, 2425, 2426, 2429, 2430, 2432, 2433, 2434, 2435, 2439, 2444, 2455, 2465, 2466, 2467, 2468, 2469, 2470, 2471, 2472, 2475, 2479, 2482, 2485, 2488, 2494, 2499, 2500, 2507, 2510, 2511, 2512, 2513, 2514, 2516, 2517, 2518, 2519, 2520, 2521, 2532, 2534, 2535, 2538, 2539, 2540, 2541, 2542, 2546, 2547, 2548, 2556, 2557, 2559, 2564, 2565, 2569, 2570, 2571, 2572, 2573, 2576, 2578, 2580, 2581, 2583, 2585, 2586, 2596, 2599, 2602, 2610, 2614, 2615, 2616, 2617, 2618, 2619, 2620, 2621, 2622, 2628, 2631, 2637, 2645, 2646, 2649, 2654, 2655, 2656, 2657, 2658, 2659, 2660, 2661, 2765, 2766, 2767, 2768, 2769, 2770, 2771, 2780, 2781, 2784, 2790, 2800, 2802, 2803, 2804, 2808, 2811, 2817, 2819, 2820, 2821, 2826, 2827, 2828, 2829, 2830, 2831, 2832, 2833, 2834, 2838, 2847, 2852, 2861, 2870, 2871, 2873, 2874, 2875, 2878, 2879, 2883, 2884, 2887, 2891, 2893, 2907, 2908, 2909, 2911, 2912, 2914, 2915, 2916, 2919, 2920, 2921, 2938, 2939, 2941, 2944, 2952, 2954, 2956, 2957, 2964, 2969, 2970, 2981, 2986, 2987, 2988, 2989, 2990, 2991 and 2993. Financial Institutions: HOUSE BILLS 2458, 2543, 2550, 2566, 2644, 2958 and 2963. Health Care Availability & Access: HOUSE BILLS 2376, 2377, 2531 and 2640. Higher Education: HOUSE BILLS 2392, 2522, 2591, 2593, 2606, 2805, 2806, 2904, 2924 and 2994. Housing & Urban Development: HOUSE BILLS 2382, 2436, 2437 and 2495.

Page 7: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

7 [February 26, 2003] Human Services: HOUSE BILLS 2374, 2386, 2390, 2431, 2480, 2501, 2502, 2503, 2598, 2609, 2650, 2859, 2880, 2894, 2895, 2896, 2900, 2929, 2934, 2984 and 2996. Insurance: HOUSE BILLS 2379, 2558, 2560, 2575, 2641, 2774, 2775, 2776, 2777 and 2785. Judiciary I - Civil Law: HOUSE BILLS 2493, 2523, 2552, 2613, 2772, 2773, 2863, 2903, 2937, 2992 and 2997. Judiciary II - Criminal Law: HOUSE BILLS 2391, 2411, 2412, 2416, 2442, 2446, 2453, 2454, 2457, 2473, 2478, 2486, 2498, 2524, 2525, 2526, 2529, 2536, 2537, 2579, 2582, 2651, 2653, 2783, 2789, 2798, 2799, 2841, 2842, 2843, 2844, 2845, 2858, 2860, 2902, 2913, 2926, 2927, 2928, 2930, 2931, 2932, 2933, 2935, 2940, 2965, 2966, 2976, 2977, 2978, 2979, 2980 and 2982. Juvenile Justice Reform: HOUSE BILLS 2515, 2545, 2853 and 2854. Labor: HOUSE BILLS 2506, 2554, 2555, 2577, 2959, 2961 and 2983. Local Government: HOUSE BILLS 2381, 2403, 2450, 2456, 2477, 2492, 2504, 2574, 2601, 2623, 2633, 2634, 2818, 2846 and 2974. Personnel & Pensions: HOUSE BILL 2955. Public Utilities: HOUSE BILLS 2380, 2384, 2421, 2438, 2489, 2509, 2823 and 2839. Registration & Regulation: HOUSE BILLS 2474, 2484, 2553, 2627, 2778, 2809 and 2864. Revenue: HOUSE BILLS 2388, 2408, 2440, 2462, 2464, 2476, 2483, 2487, 2528, 2567, 2612, 2630, 2647, 2648, 2788, 2791, 2794, 2801, 2810, 2814, 2837, 2849, 2850, 2855, 2857, 2862, 2865, 2868, 2869, 2876, 2877, 2881, 2882, 2886, 2897, 2898, 2901, 2905, 2906, 2910, 2925, 2945, 2946, 2947, 2948, 2953, 2960, 2973 and 3000. State Government Administration: HOUSE BILLS 2385, 2443, 2451, 2459, 2461, 2463, 2481, 2496, 2527, 2549, 2568, 2605, 2608, 2643, 2807, 2815, 2848, 2917, 2968, 2971, 2985 and 2995. Transportation & Motor Vehicles: HOUSE BILLS 2383, 2460, 2561, 2562, 2587, 2636, 2786, 2822, 2824, 2840 and 2856. Develop Disabilities Mental Illness: HOUSE BILLS 2447, 2449 and 2607. Gaming: HOUSE BILLS 2422, 2942 and 2962. Tourism: HOUSE BILL 2825.

COMMITTEE ON RULES REASSIGNMENTS

Representative Currie, Chairperson of the Committee on Rules, reassigned the following legislation: HOUSE BILL 1181 was recalled from the Committee on Human Services and reassigned to the Committee on Health Care Availability & Access. HOUSE BILL 1243 was recalled from the Committee on Revenue and reassigned to the Committee on Tourism. HOUSE BILL 1530 was recalled from the Committee on Human Services and reassigned to the Committee on Environment & Energy. HOUSE BILL 1597 was recalled from the Committee on State Government Administration and reassigned to the Committee on Tourism. HOUSE BILL 2202 was recalled from the Committee on Executive and reassigned to the Committee on Health Care Availability & Access. HOUSE BILL 2216 was recalled from the Committee on Executive and reassigned to the Committee on Personnel & Pensions. HOUSE BILL 2285 was recalled from the Committee on Executive and reassigned to the Committee on Revenue.

MOTIONS SUBMITTED

Representative Eileen Lyons submitted the following written motion, which was placed on the order of Motions:

MOTION Pursuant to House Rule 60(b), I move to Table HOUSE BILL 131.

Page 8: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

[February 26, 2003] 8

FISCAL NOTES SUPPLIED

Fiscal Notes have been supplied for HOUSE BILLS 128, 313, 319, 343, 1189, 1389, 1468, 1529, 1578, 1636 and 2291.

JUDICIAL NOTES SUPPLIED

Judicial Notes have been supplied for HOUSE BILLS 2284 and 2545.

HOUSING AFFORDABILITY IMPACT NOTE SUPPLIED

A Housing Affordability Impact Note has been supplied for HOUSE BILL 1529.

INTRODUCTION AND FIRST READING OF BILLS

The following bills were introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 3002. Introduced by Representative Myers, AN ACT concerning nursing homes. HOUSE BILL 3003. Introduced by Representatives Krause - Black, AN ACT in relation to public aid. HOUSE BILL 3004. Introduced by Representative Brady, AN ACT in relation to criminal law. HOUSE BILL 3005. Introduced by Representative Phelps, AN ACT concerning public labor relations. HOUSE BILL 3006. Introduced by Representative Granberg, AN ACT in relation to workplace injuries and diseases. HOUSE BILL 3007. Introduced by Representative Mitchell, Bill, AN ACT concerning economic development. HOUSE BILL 3008. Introduced by Representative Sacia, AN ACT concerning taxes. HOUSE BILL 3009. Introduced by Representative Brauer, AN ACT concerning commerce. HOUSE BILL 3010. Introduced by Representative Brauer, AN ACT concerning agriculture. HOUSE BILL 3011. Introduced by Representative Brauer, AN ACT in relation to wildlife. HOUSE BILL 3012. Introduced by Representative Brauer, AN ACT concerning State Fairs. HOUSE BILL 3013. Introduced by Representative Poe, AN ACT in relation to public employee benefits. HOUSE BILL 3014. Introduced by Representatives Poe - Brauer - Coulson, AN ACT in relation to public employee benefits. HOUSE BILL 3015. Introduced by Representative Poe, AN ACT with respect to schools. HOUSE BILL 3016. Introduced by Representative Munson, AN ACT concerning fax solicitation. HOUSE BILL 3017. Introduced by Representative Krause, AN ACT concerning electronic mail. HOUSE BILL 3018. Introduced by Representative Mathias, AN ACT concerning senior citizens and disabled persons. HOUSE BILL 3019. Introduced by Representative Lang, AN ACT concerning nursing homes. HOUSE BILL 3020. Introduced by Representative Mathias, AN ACT in relation to civil procedure. HOUSE BILL 3021. Introduced by Representative Feigenholtz, AN ACT in relation to public aid. HOUSE BILL 3022. Introduced by Representative Feigenholtz, AN ACT in relation to public aid. HOUSE BILL 3023. Introduced by Representative Feigenholtz, AN ACT in relation to public aid. HOUSE BILL 3024. Introduced by Representative Brady, AN ACT in relation to criminal law. HOUSE BILL 3025. Introduced by Representatives Brady - Brauer - Mathias - Pihos - Aguilar, An ACT in relation to career offenders. HOUSE BILL 3026. Introduced by Representative Turner, AN ACT concerning public health. HOUSE BILL 3027. Introduced by Representative Bailey, AN ACT in relation to school reporting of drug offenses. HOUSE BILL 3028. Introduced by Representative Bailey, AN ACT in relation to the Statewide Organized Gang Database. HOUSE BILL 3029. Introduced by Representative Bailey, AN ACT in relation to streetgang terrorism.

Page 9: HOUSE JOURNAL - Illinois General Assembly · 2004-09-22 · state of illinois house journal house of representatives ninety-third general assembly 21st legislative day wednesday,

9 [February 26, 2003] HOUSE BILL 3030. Introduced by Representative Bailey, AN ACT in relation to juvenile detention. HOUSE BILL 3031. Introduced by Representative Bailey, AN ACT in relation to senior citizen identification theft. HOUSE BILL 3032. Introduced by Representative Bailey, AN ACT in relation to elder abuse. HOUSE BILL 3033. Introduced by Representative Lang, AN ACT concerning nursing homes. HOUSE BILL 3034. Introduced by Representative Mitchell, Bill, AN ACT concerning economic development. HOUSE BILL 3035. Introduced by Representative Leitch, AN ACT concerning surface-mined land. HOUSE BILL 3036. Introduced by Representative Wirsing, AN ACT concerning food animals. HOUSE BILL 3037. Introduced by Representative Wirsing, AN ACT making appropriations. HOUSE BILL 3038. Introduced by Representative Younge, AN ACT concerning community development. HOUSE BILL 3039. Introduced by Representative Younge, AN ACT in relation to gambling. HOUSE BILL 3040. Introduced by Representative Younge, AN ACT making appropriations. HOUSE BILL 3041. Introduced by Representative Younge, AN ACT making appropriations. HOUSE BILL 3042. Introduced by Representative Younge, AN ACT making appropriations. HOUSE BILL 3043. Introduced by Representative Younge, AN ACT making appropriations. HOUSE BILL 3044. Introduced by Representative Washington, AN ACT in relation to public aid. HOUSE BILL 3045. Introduced by Representatives Younge - Colvin - Dunkin - Washington, AN ACT concerning community revitalization. HOUSE BILL 3046. Introduced by Representative Fritchey, AN ACT concerning ethics. HOUSE BILL 3047. Introduced by Representative Hannig, AN ACT concerning physician assistants. HOUSE BILL 3048. Introduced by Representative Lyons, Joseph, AN ACT relating to procurement. HOUSE BILL 3049. Introduced by Representative Currie, AN ACT concerning taxes. HOUSE BILL 3050. Introduced by Representative Wirsing, AN ACT concerning grand juries. HOUSE BILL 3051. Introduced by Representative Molaro, AN ACT concerning higher education. HOUSE BILL 3052. Introduced by Representative Molaro, AN ACT concerning higher education. HOUSE BILL 3053. Introduced by Representative Molaro, AN ACT concerning business practices. HOUSE BILL 3054. Introduced by Representative Molaro, AN ACT concerning taxes. HOUSE BILL 3055. Introduced by Representative Novak, AN ACT in relation to municipal government. HOUSE BILL 3056. Introduced by Representative Myers, AN ACT relating to higher education. HOUSE BILL 3057. Introduced by Representative Brady, AN ACT concerning professional regulation. HOUSE BILL 3058. Introduced by Representative Pihos, AN ACT relating to schools. HOUSE BILL 3059. Introduced by Representative Brunsvold, AN ACT concerning zoos. HOUSE BILL 3060. Introduced by Representatives Ryg - McCarthy, AN ACT concerning health insurance coverage. HOUSE BILL 3061. Introduced by Representative Ryg, AN ACT concerning transportation. HOUSE BILL 3062. Introduced by Representative Jones, AN ACT in relation to children. HOUSE BILL 3063. Introduced by Representative Pankau, AN ACT in relation to vehicles. HOUSE BILL 3064. Introduced by Representative McKeon, AN ACT concerning public labor relations. HOUSE BILL 3065. Introduced by Representative Hultgren, AN ACT in relation to public aid. HOUSE BILL 3066. Introduced by Representative Millner, AN ACT in relation to criminal law. HOUSE BILL 3067. Introduced by Representatives Delgado - Coulson - Soto - May - Jakobsson, AN ACT concerning residential tenancies. HOUSE BILL 3068. Introduced by Representatives Delgado - Soto, AN ACT concerning schools. HOUSE BILL 3069. Introduced by Representatives Delgado - Soto - Rita, AN ACT in relation to criminal law. HOUSE BILL 3070. Introduced by Representatives Delgado - Soto, AN ACT concerning higher education. HOUSE BILL 3071. Introduced by Representative Delgado, AN ACT in relation to public aid. HOUSE BILL 3072. Introduced by Representative Delgado, AN ACT in relation to criminal offenses. HOUSE BILL 3073. Introduced by Representatives Delgado - Soto, AN ACT concerning education. HOUSE BILL 3074. Introduced by Representative Millner, AN ACT in relation to criminal law.

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[February 26, 2003] 10 HOUSE BILL 3075. Introduced by Representatives Froehlich - Mulligan - Mathias, AN ACT in relation to criminal law. HOUSE BILL 3076. Introduced by Representative Winters, AN ACT concerning plats. HOUSE BILL 3077. Introduced by Representative Boland, AN ACT concerning telecommunications. HOUSE BILL 3078. Introduced by Representatives Reitz - Schmitz, AN ACT in relation to criminal law. HOUSE BILL 3079. Introduced by Representative Biggins, AN ACT in relation to taxes. HOUSE BILL 3080. Introduced by Representative Biggins, AN ACT concerning assessor's compensation. HOUSE BILL 3081. Introduced by Representative Boland, AN ACT concerning State personnel. HOUSE BILL 3082. Introduced by Representative Joyce, AN ACT in relation to procurement. HOUSE BILL 3083. Introduced by Representative Biggins, AN ACT in relation to criminal law. HOUSE BILL 3084. Introduced by Representatives Bassi - Aguilar - Mathias, AN ACT in relation to air transportation. HOUSE BILL 3085. Introduced by Representatives Aguilar - Millner, AN ACT in relation to criminal law. HOUSE BILL 3086. Introduced by Representative Miller, AN ACT in relation to criminal law. HOUSE BILL 3087. Introduced by Representative Reitz, AN ACT concerning taxes. HOUSE BILL 3088. Introduced by Representatives McCarthy - Wirsing, AN ACT relating to schools. HOUSE BILL 3089. Introduced by Representative Joyce, AN ACT concerning cigarette manufacturers. HOUSE BILL 3090. Introduced by Representative Dunn, AN ACT concerning criminal law. HOUSE BILL 3091. Introduced by Representative Pihos, AN ACT in relation to criminal matters. HOUSE BILL 3092. Introduced by Representative Smith, AN ACT in relation to public employee benefits. HOUSE BILL 3093. Introduced by Representatives Hultgren - Coulson, AN ACT in relation to criminal law. HOUSE BILL 3094. Introduced by Representative Smith, AN ACT in relation to public employee benefits. HOUSE BILL 3095. Introduced by Representatives Meyer - McGuire - Brosnahan - Lyons, Eileen, AN ACT in relation to public safety. HOUSE BILL 3096. Introduced by Representative Davis, Steve, AN ACT in relation to taxation. HOUSE BILL 3097. Introduced by Representative Davis, Steve, AN ACT in relation to sex offenders. HOUSE BILL 3098. Introduced by Representative Hultgren, AN ACT in relation to vehicles. HOUSE BILL 3099. Introduced by Representative Mautino, AN ACT concerning insurance. HOUSE BILL 3100. Introduced by Representative Bellock, AN ACT concerning counties. HOUSE BILL 3101. Introduced by Representative Beaubien, AN ACT concerning taxes. HOUSE BILL 3102. Introduced by Representative Mathias, AN ACT concerning financial transactions. HOUSE BILL 3103. Introduced by Representative Granberg, AN ACT concerning insurance. HOUSE BILL 3104. Introduced by Representative Boland, AN ACT concerning counties. HOUSE BILL 3105. Introduced by Representative Bassi, AN ACT concerning taxes. HOUSE BILL 3106. Introduced by Representative Bassi, AN ACT in relation to vehicles. HOUSE BILL 3107. Introduced by Representatives Stephens - Granberg, AN ACT in relation to vehicles. HOUSE BILL 3108. Introduced by Representative Mathias, AN ACT concerning employment. HOUSE BILL 3109. Introduced by Representative Boland, AN ACT concerning elections. HOUSE BILL 3110. Introduced by Representative Brady, AN ACT concerning employment. HOUSE BILL 3111. Introduced by Representatives Biggins - Chapa LaVia, AN ACT in relation to child support. HOUSE BILL 3112. Introduced by Representative Boland, AN ACT concerning elections. HOUSE BILL 3113. Introduced by Representative Boland, AN ACT concerning elections. HOUSE BILL 3114. Introduced by Representatives Meyer - Aguilar - Sommer, AN ACT in relation to criminal law. HOUSE BILL 3115. Introduced by Representatives Hultgren - Wait, AN ACT concerning criminal law. HOUSE BILL 3116. Introduced by Representative Wait, AN ACT in relation to criminal law.

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11 [February 26, 2003] HOUSE BILL 3117. Introduced by Representative Wait, AN ACT in relation to sex offenders. HOUSE BILL 3118. Introduced by Representatives Wait - Mathias - Coulson and Mulligan, AN ACT in relation to aging. HOUSE BILL 3119. Introduced by Representatives Aguilar - Lyons, Eileen, AN ACT concerning nursing homes. HOUSE BILL 3120. Introduced by Representative Bassi, AN ACT in relation to elderly persons. HOUSE BILL 3121. Introduced by Representative Bassi, AN ACT in relation to aging. HOUSE BILL 3122. Introduced by Representative Bassi, AN ACT in relation to aging. HOUSE BILL 3123. Introduced by Representatives Bassi - Mathias - Coulson - Kurtz - Mulligan and Brauer, AN ACT in relation to aging. HOUSE BILL 3124. Introduced by Representative Davis, Steve, AN ACT concerning business transactions. HOUSE BILL 3125. Introduced by Representative Smith, AN ACT in relation to public employee benefits.

HOUSE JOINT RESOLUTIONS

CONSTITUTIONAL AMENDMENTS FIRST READING

Representative Pihos introduced the following:

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT 17 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shallbe submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 2 of Article VIII of theIllinois Constitution as follows:

ARTICLE VIII FINANCE

(ILCON Art. VIII, Sec. 2) SECTION 2. STATE FINANCE (a) The Governor shall prepare and submit to the General Assembly, at a time prescribed by law, aState budget for the ensuing fiscal year. The budget shall set forth the estimated balance of funds availablefor appropriation at the beginning of the fiscal year, the estimated receipts, and a plan for expenditures andobligations during the fiscal year of every department, authority, public corporation and quasi-public corporation of the State, every State college and university, and every other public agency created by the State, but not of units of local government or school districts. The budget shall also set forth theindebtedness and contingent liabilities of the State and such other information as may be required by law.Proposed expenditures shall not exceed funds estimated to be available for the fiscal year as shown in thebudget. (b) The General Assembly by law shall make appropriations for all expenditures of public funds by theState. Appropriations for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year. (c) The aggregate of appropriations for the expenditure of public funds by the State for a fiscal yearshall not exceed the aggregate of appropriations for the expenditure of public funds by the State for the preceding fiscal year by more than 3% or, if a cost of living index has been designated by law for thispurpose, the percentage increase from the previous year in the cost of living based on that index, whicheveris less. The General Assembly may exceed the limit on the aggregate appropriations for the expenditure ofpublic funds by the State for a fiscal year only by an affirmative record vote of three-fifths of the members elected to each house. (Source: Illinois Constitution.)

SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7of the Illinois Constitutional Amendment Act.

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[February 26, 2003] 12 The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 17 was taken up, read in full a first time, ordered printed and placed in the Committee on Rules.

AGREED RESOLUTION

The following resolution was offered and placed on the Calendar on the order of Agreed Resolution.

HOUSE RESOLUTION 84

Offered by Representative Poe: WHEREAS, Cardiovascular disease is the number one killer in the State of Illinois; it kills a personevery 33 seconds in the United States; and WHEREAS, Prairie Heart Institute at St. John's Hospital has been rated in the top five percent of thenation and has received a prestigious five-star rating for coronary bypass surgery, interventional cardiacprocedures, and the treatment of heart attacks; and WHEREAS, Prairie Heart Institute at St. John's Hospital has been rated number one in the region forcardiac services for the third year in a row by a national rating company; and WHEREAS, Prairie Heart Institute at St. John's Hospital has been recognized for the second year in a row as number one in the State for cardiac interventions by a national rating company; and WHEREAS, Prairie Heart Institute at St. John's Hospital is the largest heart center in Illinois; and WHEREAS, Prairie Heart Institute at St. John's Hospital has completed more than 30,000 open heartsurgical procedures; and WHEREAS, Prairie Heart Institute at St. John's Hospital is a leader in women's heart health; and WHEREAS, The physicians and staff at Prairie Heart Institute at St. John's Hospital demonstrate a truecompassion for patients and an unending desire to excel in research and performance; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we acknowledge and thank Prairie Heart Institute of St.John's Hospital for its ongoing superior performance in fighting heart disease, its unending desire to excelin cardiovascular research, and for demonstrating true compassion to patients; and be it further RESOLVED, That a suitable copy of this resolution be presented to Prairie Heart Institute at St. John'sHospital with our best wishes for its continued success.

HOUSE BILLS ON SECOND READING

HOUSE BILL 16. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I - Civil Law, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 16 by replacing everything after the enacting clause with thefollowing: "Section 5. The Illinois Public Aid Code is amended by changing Section 10-3.3 as follows: (305 ILCS 5/10-3.3) Sec. 10-3.3. Locating support obligor and others; penalties. (a) Upon request by the Child and Spouse Support Unit, may request and receive from employers, labor unions, and telephone companies shall provide, and utility companies location information concerning putative fathers and noncustodialparents for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a childsupport obligation. In this Section, "location information" means information about (i) the physicalwhereabouts of a putative father or noncustodial parent, (ii) the putative father or noncustodial parent'semployer, or (iii) the salary, wages, and other compensation paid and the health insurance coverage provided to the putative father or noncustodial parent by the employer of the putative father or noncustodial

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13 [February 26, 2003] parent or by a labor union of which the putative father or noncustodial parent is a member. An The employer, of a putative father or noncustodial parent or the labor union, or telephone companyof which the putative father or noncustodial parent is a member shall respond to the request of the Child and Spouse Support Unit within 15 days after receiving the employer or labor union receives the request. Any employer, or labor union, or telephone company that willfully fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the response is not provided to the Illinois Department after the 15-day period has expired. The penalty may be collected in a civil action, which maybe brought against the employer, or labor union, or telephone company in favor of the Illinois Department. (b) Upon being served with an administrative subpoena as authorized under this Code, a utilitycompany or cable television company must provide location information to the Child and Spouse SupportUnit for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation. Pursuant to an administrative subpoena as authorized under this Code, the Child andSpouse Support Unit may request and receive from utility companies and cable television companieslocation information concerning individuals who owe or are owed support or against whom or with respectto whom a support obligation is sought. (c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, laborunion, telephone company, utility company, or cable television company shall not be liable to any personfor disclosure of location information under the requirements of this Section. (Source: P.A. 89-395, eff. 1-1-96; 90-18, eff. 7-1-97.) Section 10. The Illinois Marriage and Dissolution of Marriage Act is amended by adding Section 714 as follows: (750 ILCS 5/714 new) Sec. 714. Information to locate putative fathers and noncustodial parents. (a) Upon request by a public office, employers, labor unions, and telephone companies shall provide location information concerning putative fathers and noncustodial parents for the purpose of establishing achild's paternity or establishing, enforcing, or modifying a child support obligation. The term "publicoffice" is defined as set forth in the Income Withholding for Support Act. In this Section, "locationinformation" means information about (i) the physical whereabouts of a putative father or noncustodialparent, (ii) the employer of the putative father or noncustodial parent, or (iii) the salary, wages, and other compensation paid and the health insurance coverage provided to the putative father or noncustodial parentby the employer of the putative father or noncustodial parent or by a labor union of which the putativefather or noncustodial parent is a member. An employer, labor union, or telephone company shall respondto the request of the public office within 15 days after receiving the request. Any employer, labor union, ortelephone company that willfully fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the response is not provided to the public office after the 15-day period has expired. The penalty may be collected in a civil action, which may be brought against the employer, labor union, or telephone company in favor of the public office. (b) Upon being served with a subpoena (including an administrative subpoena as authorized by law), autility company or cable television company must provide location information to a public office for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child supportobligation. (c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, laborunion, telephone company, utility company, or cable television company shall not be liable to any personfor disclosure of location information under the requirements of this Section. Section 15. The Non-Support Punishment Act is amended by adding Section 33 as follows: (750 ILCS 16/33 new) Sec. 33. Information to locate putative fathers and noncustodial parents. (a) Upon request by a public office, employers, labor unions, and telephone companies shall providelocation information concerning putative fathers and noncustodial parents for the purpose of establishing achild's paternity or establishing, enforcing, or modifying a child support obligation. The term "publicoffice" is defined as set forth in the Income Withholding for Support Act. In this Section, "location information" means information about (i) the physical whereabouts of a putative father or noncustodialparent, (ii) the employer of the putative father or noncustodial parent, or (iii) the salary, wages, and othercompensation paid and the health insurance coverage provided to the putative father or noncustodial parentby the employer of the putative father or noncustodial parent or by a labor union of which the putativefather or noncustodial parent is a member. An employer, labor union, or telephone company shall respond to the request of the public office within 15 days after receiving the request. Any employer, labor union, or

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[February 26, 2003] 14 telephone company that willfully fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the response is not provided to the public office after the 15-day period has expired. The penalty may be collected in a civil action, which may be brought against the employer,labor union, or telephone company in favor of the public office. (b) Upon being served with a subpoena (including an administrative subpoena as authorized by law), autility company or cable television company must provide location information to a public office for thepurpose of establishing a child's paternity or establishing, enforcing, or modifying a child supportobligation. (c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, laborunion, telephone company, utility company, or cable television company shall not be liable to any personfor disclosure of location information under the requirements of this Section. Section 20. The Illinois Parentage Act of 1984 is amended by adding Section 14.5 as follows: (750 ILCS 45/14.5 new) Sec. 14.5. Information to locate putative fathers and noncustodial parents. (a) Upon request by a public office, employers, labor unions, and telephone companies shall providelocation information concerning putative fathers and noncustodial parents for the purpose of establishing achild's paternity or establishing, enforcing, or modifying a child support obligation. The term "publicoffice" is defined as set forth in the Income Withholding for Support Act. In this Section, "location information" means information about (i) the physical whereabouts of a putative father or noncustodialparent, (ii) the employer of the putative father or noncustodial parent, or (iii) the salary, wages, and othercompensation paid and the health insurance coverage provided to the putative father or noncustodial parentby the employer of the putative father or noncustodial parent or by a labor union of which the putativefather or noncustodial parent is a member. An employer, labor union, or telephone company shall respond to the request of the public office within 15 days after receiving the request. Any employer, labor union, ortelephone company that willfully fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the response is not provided to the public office after the 15-day period has expired. The penalty may be collected in a civil action, which may be brought against the employer,labor union, or telephone company in favor of the public office. (b) Upon being served with a subpoena (including an administrative subpoena as authorized by law), autility company or cable television company must provide location information to a public office for thepurpose of establishing a child's paternity or establishing, enforcing, or modifying a child supportobligation. (c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, laborunion, telephone company, utility company, or cable television company shall not be liable to any person for disclosure of location information under the requirements of this Section. Section 99. Effective date. This Act takes effect upon becoming law.".

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading.

HOUSE BILL 51. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I - Civil Law, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 0051 on page 1, by replacing line 22 with the following: "diminished by the application of this Section. Notwithstanding the foregoing, a person convicted offinancial exploitation, abuse, or neglect of an elderly person shall be entitled to receive property, a benefit,or an interest in any capacity and under any circumstances described in this subsection (a) if it isdemonstrated by clear and convincing evidence that the victim of that offense knew of the conviction andsubsequent to the conviction expressed or ratified his or her intent to transfer the property, benefit, or interest to the person convicted of financial exploitation, abuse, or neglect of an elderly person in anymanner contemplated by this subsection (a)."; and on page 1, by replacing line 23 with the following: "(b) (1) The holder of any property subject to the provisions"; and on page 1, between lines 27 and 28, by inserting the following:

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15 [February 26, 2003]

"(2) If the holder is a financial institution, trust company, trustee, or similar entity or person, the holder shall not be liable for any distribution or release of the property, benefit, or other interest to theperson convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal Code of 1961 unless the holder knowingly distributes or releases the property, benefit, or other interest to the person soconvicted after first having received actual written notice of the conviction in sufficient time to act uponthe notice."; and

on page 1, by replacing line 29 with the following: "provisions of this Section knows that a"; and on page 2, by replacing line 4 with the following: "exploitation, abuse, or neglect. If the holder is a person or entity that is subject to regulation by aregulatory agency pursuant to the laws of this or any other state or pursuant to the laws of the United States, including but not limited to the business of a financial institution, corporate fiduciary, or insurancecompany, then such person or entity shall not be deemed to be in violation of this Section to the extent that privacy laws and regulations applicable to such person or entity prevent it from voluntarily providing lawenforcement authorities or judicial officers with information.".

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 88. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Develop Disabilities Mental Illness, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 88, on page 3, line 29, by replacing "every facility" with "each State-operated facility for the mentally ill and developmentally disabled"; and on page 4, line 5, by replacing "every facility" with "each State-operated facility for the mentally ill and developmentally disabled"; and on page 4, line 33, by deleting "suitable"; and on page 5, by deleting lines 3 through 5; and on page 5, line 22, after "clientele", by inserting "or services to existing clientele"; and on page 5, line 25, by replacing "fully" with "fully"; and on page 5, line 26, by replacing "increased" with "reasonable increased; and on page 9, by replacing lines 7 and 8 with the following: "determined to have staff who have been appropriately trained by the Department and"; and on page 9, by replacing lines 27 and 28 with the following: "first year, the Department shall determine at what point the appropriate licensing entity for the facility ordesignated community living situation or program will assume the responsibility of ensuring thatappropriate services are being provided to the resident. Once that responsibility is assumed, the Departmentmay discontinue such visits. If a long term care"; and on page 9, line 30, after "conferences", by inserting ", if such participation is approved by the resident or the resident's guardian"; and on page 10, line 14, after "Department", by inserting ", to the licensing agency,"; and on page 10, by replacing lines 15 through 21 with the following: "subsequent to each visitation. The report shall contain recommendations to improve the care and treatment of the resident, as necessary, which shall be reviewed by the facility's interdisciplinary team and theresident or the resident's legal guardian."; and on page 23, line 31, by replacing "body;" with "body. Devices used for safety precautions and positioning, including but not limited to bed rails, lap belts, gait belts, and cushions, shall not be considered to berestraints for purposes of this Section;"; and on page 24, by replacing lines 14 through 20 with the following: "resident's clinical record. Each facility licensed under this Act must have a written policy to address theuse of restraints and seclusion. The Department shall establish by rule the provisions that the policy mustinclude, which, to the extent practicable, should be consistent with the requirements for participation in thefederal Medicare program. Each policy shall include periodic review of the use of restraints."; and on page 26, by deleting lines 27 through 32; and

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[February 26, 2003] 16 by deleting pages 27 through 30; and on page 31, by deleting lines 1 through 3; and on page 31, lines 4 and 5, by replacing "Sections 10 and 25" with "Section 10".

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 bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 94, 136, 199, 200, 201, 294, 308, 333, 405, 438 and 467.

HOUSE BILL 469. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I - Civil Law, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 469 on page 1, line 24 by inserting after "State" the following: "in State circuit court or federal court"; and on page 1, line 30 by inserting after "State" the following: "in State circuit court or federal court"; and on page 2, line 7 by inserting after "State" the following: "in State circuit court or federal court"; and on page 2, line 14 by inserting after "State" the following: "in State circuit court or federal court"; and on page 2, line 21 by inserting after "State" the following: "in State circuit court or federal court".

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 495. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 495 on page 2, line 8, after "Board.", by inserting "The Office of the State Fire Marshal may review the plans and specifications at the request of the local firedepartment or fire protection district."; and on page 2, by replacing line 19 with the following "district."; and on page 2, by deleting lines 20 through 23; and on page 2, by replacing line 24 with "The"; and on page 2, by replacing lines 25 through 34 with the following: "local fire department or fire protection district where the school is being constructed or altered mayrequest a review of the plans and specifications. The regional superintendent of schools shall submit a copyof the plans and specifications within 10 business days after the request. The fire department or fireprotection district may comment on the plans and specifications based on the building code authorized in Section 2-3.12 of the Code and, if any corrective action must be taken, shall respond to the regionalsuperintendent of schools within 15 days after"; and on page 3, by replacing lines 1 through 5 with the following: "receipt of the plans and specifications. The Office of the State Fire Marshal may review the plans andspecifications at the request of the fire department or fire protection district. The review must be conductedat no cost to the school district.".

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17 [February 26, 2003]

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 bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 497, 525, 528, 532, 535, 544, 546, 547, 1087, 1103 and 1177. HOUSE BILL 1179. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Develop Disabilities Mental Illness, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 1179, on page 4, line 1, by replacing "$6" with "$8"; and on page 4, line 3, by replacing "$7" with "$9".

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 bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 1185, 1205, 1246, 1251, 1254, 1267, 1274, 1284, 1356, 1377, 1385 and 1387. HOUSE BILL 1389. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 1389 on page 9, below line 25, by inserting the following: "Section 99. Effective date. This Act takes effect January 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.

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 1394, 1400, 1423, 1425 and 1434. HOUSE BILL 1437. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 1437 on page 1, in line 13 by replacing "shall be" with "may make"; and on page 1, in line 14 by deleting "solicited for"; and on page 1, in line 16 by replacing "shall" with "may".

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 bills were taken up, read by title a second time and advanced to

the order of Third Reading: HOUSE BILLS 1447, 1469, 1487, 1506 and 1522.

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HOUSE BILL 1578. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 1578 on page 2, by replacing lines 1 and 2 with the following: "Enforcement Act.".

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1585. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 1585 by replacing the title with the following: "AN ACT in relation to veterans."; and by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by changing Section 3-5036 as follows: (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036) Sec. 3-5036. Records open to inspection. All records, indices, abstract and other books kept in the office of any recorder, and all instruments filed therein and all instruments deposited or left for recordationtherein shall, during the office hours, be open for public inspection and examination; and all persons shallhave free access for inspection and examination to such records, indices, books and instruments, which therecorders shall be bound to exhibit to those who wish to inspect or examine the same; and all persons shallhave the right to take memoranda and abstracts thereof without fee or reward. This Section is subject to theprovisions of "The Local Records Act". Notwithstanding any provision to the contrary, a certificate of discharge or release from active duty (DD214) or MEMBER-4 copy of certificate of discharge or release from active duty issued by the United Statesgovernment and filed with the recorder is not a public record and is not subject to public inspection. Uponrequest of the veteran whose certificate or MEMBER-4 copy has been filed with the recorder or upon request of a person designated by the veteran as authorized to make the request, the recorder shall expungethe record of the military discharge form from the record of the recorder and replace the record with a formthat contains only the name of the veteran, the date of his or her discharge from military service, and thedate of the issuance of the original military discharge form. (Source: P.A. 86-962.)".

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 bills were taken up, read by title a second time and advanced to

the order of Third Reading: HOUSE BILLS 1586, 1624 and 1632.

RECALLS

By unanimous consent, on motion of Representative Monique Davis, HOUSE BILL 206 was recalled from the order of Third Reading to the order of Second Reading and held on that order.

By unanimous consent, on motion of Representative Schmitz, HOUSE BILL 94 was recalled from the order of Third Reading to the order of Second Reading and held on that order.

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19 [February 26, 2003] By unanimous consent, on motion of Representative Soto, HOUSE BILL 136 was recalled from the order of Third Reading to the order of Second Reading and held on that order.

HOUSE BILL ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members’ desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Monique Davis, HOUSE BILL 207 was taken up and read by title a third time. And the question being, “Shall this bill pass?” it was decided in the affirmative by the following vote: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence.

HOUSE BILLS ON SECOND READING

HOUSE BILL 538. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II - Criminal Law, adopted and printed:

AMENDMENT NO. 1 AMENDMENT NO. 1. Amend House Bill 538 on page 1, by inserting between lines 3 and 4 thefollowing: "Section 2. The Capital Crimes Litigation Act is amended by changing Section 19 as follows: (725 ILCS 124/19) (Section scheduled to be repealed on July 1, 2004) Sec. 19. Report; repeal. (a) The Cook County Public Defender, the Cook County State's Attorney,the State Appellate Defender, the State's Attorneys Appellate Prosecutor, and the Attorney General shalleach report separately to the General Assembly by January 1, 2004 detailing the amounts of moneyreceived by them through this Act, the uses for which those funds were expended, the balances then in theCapital Litigation Trust Fund or county accounts, as the case may be, dedicated to them for the use and support of Public Defenders, appointed trial defense counsel, and State's Attorneys, as the case may be. Thereport shall describe and discuss the need for continued funding through the Fund and contain anysuggestions for changes to this Act. (b) Unless the General Assembly provides otherwise, this Act is repealed on July 1, 2008 2004. (Source: P.A. 91-589, eff. 1-1-00.)". 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 advanced to the order of Third Reading: HOUSE BILL 1208.

AGREED RESOLUTION

HOUSE RESOLUTION 84 was taken up for consideration. Representative Poe moved the adoption of the agreed resolution.

The motion prevailed and the Agreed Resolution was adopted.

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HOUSE BILL ON THIRD READING

The following bill and any amendments adopted thereto were printed and laid upon the Members’ desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a).

On motion of Representative Franks, HOUSE BILL 236 was taken up and read by title a third time.

And the question being, “Shall this bill pass?” it was decided in the affirmative by the following vote: 118, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. At the hour of 3:00 o'clock p.m., Representative Lang moved that the House do now adjourn until Thursday, February 27, 2003, at 12:00 o'clock noon. The motion prevailed. And the House stood adjourned.

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21 [February 26, 2003]

NO. 1 STATE OF ILLINOIS

NINETY-THIRD GENERAL ASSEMBLY

HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE

February 26, 2003 0 YEAS 0 NAYS 118 PRESENT P Acevedo P Delgado P Lang P Parke P Aguilar P Dunkin P Leitch P Phelps P Bailey P Dunn P Lindner P Pihos P Bassi P Eddy P Lyons, Eileen P Poe P Beaubien P Feigenholtz P Lyons, Joseph P Reitz P Bellock P Flider P Mathias P Rita P Berrios P Flowers P Mautino P Rose P Biggins P Forby P May P Ryg P Black P Franks P McAuliffe P Sacia P Boland P Fritchey P McCarthy P Saviano P Bost P Froehlich P McGuire P Schmitz P Bradley P Giles P McKeon P Scully P Brady P Graham P Mendoza P Slone P Brauer P Granberg P Meyer P Smith P Brosnahan P Hamos P Miller P Sommer P Brunsvold P Hannig P Millner P Soto P Burke P Hartke P Mitchell, Bill P Stephens P Capparelli P Hassert P Mitchell, Jerry P Sullivan P Chapa LaVia P Hoffman P Moffitt P Tenhouse P Churchill P Holbrook P Molaro P Turner P Collins P Howard P Morrow P Wait P Colvin P Hultgren P Mulligan P Washington P Coulson P Jakobsson P Munson P Watson P Cross P Jefferson P Myers P Winters P Cultra P Jones P Nekritz P Wirsing P Currie P Joyce P Novak P Yarbrough P Daniels P Kelly P O'Brien P Younge P Davis, Monique P Kosel P Osmond P Mr. Speaker P Davis, Steve P Krause P Osterman P Davis, Will P Kurtz P Pankau E - Denotes Excused Absence

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[February 26, 2003] 22

NO. 2 STATE OF ILLINOIS

NINETY-THIRD GENERAL ASSEMBLY

HOUSE ROLL CALL HOUSE BILL 207

LEAD POISONING-SCREENING-EXAM THIRD READING

PASSED

February 26, 2003 117 YEAS 0 NAYS 0 PRESENT Y Acevedo Y Delgado Y Lang Y Parke Y Aguilar Y Dunkin Y Leitch Y Phelps Y Bailey Y Dunn Y Lindner Y Pihos Y Bassi Y Eddy Y Lyons, Eileen Y Poe Y Beaubien Y Feigenholtz Y Lyons, Joseph Y Reitz Y Bellock Y Flider Y Mathias Y Rita Y Berrios Y Flowers Y Mautino Y Rose Y Biggins Y Forby Y May Y Ryg Y Black Y Franks Y McAuliffe Y Sacia Y Boland Y Fritchey Y McCarthy Y Saviano Y Bost Y Froehlich Y McGuire Y Schmitz Y Bradley Y Giles Y McKeon Y Scully Y Brady Y Graham Y Mendoza Y Slone Y Brauer Y Granberg Y Meyer Y Smith Y Brosnahan Y Hamos Y Miller Y Sommer Y Brunsvold Y Hannig Y Millner Y Soto Y Burke A Hartke Y Mitchell, Bill Y Stephens Y Capparelli Y Hassert Y Mitchell, Jerry Y Sullivan Y Chapa LaVia Y Hoffman Y Moffitt Y Tenhouse Y Churchill Y Holbrook Y Molaro Y Turner Y Collins Y Howard Y Morrow Y Wait Y Colvin Y Hultgren Y Mulligan Y Washington Y Coulson Y Jakobsson Y Munson Y Watson Y Cross Y Jefferson Y Myers Y Winters Y Cultra Y Jones Y Nekritz Y Wirsing Y Currie Y Joyce Y Novak Y Yarbrough Y Daniels Y Kelly Y O'Brien Y Younge Y Davis, Monique Y Kosel Y Osmond Y Mr. Speaker Y Davis, Steve Y Krause Y Osterman Y Davis, Will Y Kurtz Y Pankau E - Denotes Excused Absence

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23 [February 26, 2003]

NO. 3 STATE OF ILLINOIS

NINETY-THIRD GENERAL ASSEMBLY

HOUSE ROLL CALL HOUSE BILL 236

BLIND FREE DIRECTORY ASSIST THIRD READING

PASSED

February 26, 2003 118 YEAS 0 NAYS 0 PRESENT Y Acevedo Y Delgado Y Lang Y Parke Y Aguilar Y Dunkin Y Leitch Y Phelps Y Bailey Y Dunn Y Lindner Y Pihos Y Bassi Y Eddy Y Lyons, Eileen Y Poe Y Beaubien Y Feigenholtz Y Lyons, Joseph Y Reitz Y Bellock Y Flider Y Mathias Y Rita Y Berrios Y Flowers Y Mautino Y Rose Y Biggins Y Forby Y May Y Ryg Y Black Y Franks Y McAuliffe Y Sacia Y Boland Y Fritchey Y McCarthy Y Saviano Y Bost Y Froehlich Y McGuire Y Schmitz Y Bradley Y Giles Y McKeon Y Scully Y Brady Y Graham Y Mendoza Y Slone Y Brauer Y Granberg Y Meyer Y Smith Y Brosnahan Y Hamos Y Miller Y Sommer Y Brunsvold Y Hannig Y Millner Y Soto Y Burke Y Hartke Y Mitchell, Bill Y Stephens Y Capparelli Y Hassert Y Mitchell, Jerry Y Sullivan Y Chapa LaVia Y Hoffman Y Moffitt Y Tenhouse Y Churchill Y Holbrook Y Molaro Y Turner Y Collins Y Howard Y Morrow Y Wait Y Colvin Y Hultgren Y Mulligan Y Washington Y Coulson Y Jakobsson Y Munson Y Watson Y Cross Y Jefferson Y Myers Y Winters Y Cultra Y Jones Y Nekritz Y Wirsing Y Currie Y Joyce Y Novak Y Yarbrough Y Daniels Y Kelly Y O'Brien Y Younge Y Davis, Monique Y Kosel Y Osmond Y Mr. Speaker Y Davis, Steve Y Krause Y Osterman Y Davis, Will Y Kurtz Y Pankau E - Denotes Excused Absence