STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
71ST LEGISLATIVE DAY
Perfunctory Session
WEDNESDAY, NOVEMBER 7, 2001
1:00 O'CLOCK P.M.
NO. 71
[November 7, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 71st Legislative Day Action Page(s) Adjournment........................................ 53 Introduction and First Reading - HB3638-3667....... 48 Letter of Transmittal.............................. 9 Messages from the Governor......................... 10 Reports............................................ 5 Bill Number Legislative Action Page(s) HB 2871 Committee Report................................... 10 HB 2935 Committee Report................................... 10 HC 0008 Constitutional Amendment - First Reading........... 53 HJR 0051 Resolution......................................... 48 HR 0471 Resolutions........................................ 45 HR 0476 Resolution......................................... 45 HR 0495 Resolution......................................... 46 HR 0497 Resolution......................................... 46 HR 0498 Resolution......................................... 47 HR 0503 Resolution......................................... 47 SB 0384 Committee Report................................... 10
3 [November 7, 2001] The House met pursuant to adjournment. Clerk of the House Anthony D. Rossi in the Chair. Prayer by Assistant Clerk Brad Bolin. Minutes Clerk Jennifer Timms led the House in the Pledge of Allegiance. RESIGNATIONS & APPOINTMENTS OFFICE OF THE SECRETARY OF STATE JESSE WHITE-Secretary of State October 4, 2001 Honorable Tony Rossi Clerk of the House of Representatives Room 402 Capitol Building Springfield, Illinois 62706 Dear Mr. Rossi: This office is forwarding herewith a copy of the Notice of Vacancy from the Democratic Representative Committee of the Thirty-First Representative District, declaring the existence of a vacancy in the office of Representative in the Ninety-Second General Assembly in the Thirty-First Representative District, as a result of the resignation of Todd Stroger, on September 21, 2001. Also enclosed are copies of the Certificate of Organization of the Democratic Representative Committee of the 31st Representative District and their appointment of Marlow H. Colvin, 8250 South Blackstone, Chicago, Illinois 60619, to fill the vacancy in the Office of Representative, in the Ninety-Second General Assembly from the Thirty-First Representative District, along with the Oath of Office. Yours truly, s/JESSE WHITE Secretary of State N O T I C E Change in the Ninety-Second General Assembly HOUSE OF REPRESENTATIVES Appointment Vacancy Marlow H. Colvin Todd Stroger 8250 South Blackstone 31st Representative District Chicago, Illinois 60619 Resigned: September 21, 2001 Appointed: October 2, 2001 Filed: October 4, 2001 Took Oath: October 3, 2001 Filed: October 4, 2001 CERTIFICATE OF ORGANIZATION Democratic Representative Committee for the 31st Representative District, State of Illinois This is to certify that, in accordance with Section 8-5 of the Illinois Election Code, the Democratic Representative Committee of the 31st Representative District of the State of Illinois met on October 2, 2001, in the City of Chicago, County of Cook, and within the 31st Representative District of the State of Illinois, and organized by electing the following officers: John H. Stroger, Jr.
[November 7, 2001] 4 CHAIRMAN 1731 E. 91st Street ADDRESS Marvin A. McNeil SECRETARY 519 E. 94th Street ADDRESS Signed:John H. Stroger Jr. CHAIRMAN Attest:Marvin A. McNeil SECRETARY CERTIFICATE OF APPOINTMENT TO FILL VACANCY IN THE OFFICE OF REPRESENTATIVE IN THE GENERAL ASSEMBLY WHEREAS, a vacancy currently exists in the office of Representative in the General Assembly from the 31st Representative District of the State of Illinois, by reason of the resignation of Todd Stroger on September 21, 2001; and WHEREAS, the Democratic Representative Committee of the 31st Representative District has declared the existence of a vacancy in said office and has voted to fill the vacancy as required by Section 25-6 of the Election Code; and WHEREAS, at the meeting of the Democratic Representative Committee of the 31st Representative District on October 2, 2001 MARLOW H. COLVIN, who resides at 8250 South Blackstone, Chicago, Illinois 60619, in the 31st Representative District of the State of Illinois, received a majority of the total number of votes received by Todd Stroger at the general election at which he was elected, as voted by the respective committeemen for the Democratic Representative Committee of the 31st Representative District, pursuant to Section 25-6 of the Election Code; therefore, BE IT RESOLVED, on this 2nd day of October 2001, that the Democratic Representative Committee of the 31st Representative District of the State of Illinois hereby appoints MARLOW H. COLVIN, who resides at 8250 South Blackstone, Chicago, Illinois 60619 , in the 31st Representative District of the State of Illinois, who is eligible to serve as a member of the General Assembly, and who is a member of the Democratic Party, as the representative in the General Assembly from the 31st Representative District, for the remainder of the term. s/John H. Stroger s/William Beavers Com., Dem. Rep. Com. Dem. Rep. Com. for the 31st Rep. Dis. Com. for the 31st Rep. Dis. s/John Pope s/Marvin A. McNeil Com., Dem. Rep. Com. Dem. Rep. Com. for the 31st Rep. Dis. Com. for the 31st Rep. Dis. s/Leslie A. Hairston Com., Dem. Rep. Com. for the 31st Rep. Dis. State of Illinois ) ) ss. County of Cook )
5 [November 7, 2001] Subscribed and Sworn to before me on this 2nd day of October, 2001. s/Gwendolyn A. Duncan Notary Public OATH OF OFFICE State of Illinois ) ) ss. County of Cook ) I, Marlow H. Colvin, do solemnly swear and affirm that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and I will faithfully discharge the duties of the office of State Representative for the 31st Representative District to the best of my ability. s/Marlow H. Colvin Subscribed and Sworn to before me on this 3rd day of October, 2001. s/Annette R. Hubbard Judge PERMANENT COMMITTEE ASSIGNMENTS Speaker Madigan appointed the following Democratic Members to serve on the following committees: LABOR & COMMERCE: Representative Larry McKeon, Chairman; Representative Bob Ryan. Speaker Madigan appointed Representative Marlow Colvin to serve on the following committees: Committees on Insurance, Computer Technology, Appropriations-Public Safety, Cities & Villages and Counties & Townships. Representative Daniels appointed the following Republican Member to serve on the following committees: CITIES & VILLAGES: Representative Kay Wojcik. COUNTIES & TOWNSHIPS: Representative Carolyn Krause. REPORTS The Clerk of the House acknowledges receipt of the following correspondence: Report to the Illinois General Assembly in Response to House Resolution 405, submitted by Illinois Environmental Protection Agency. Report on Dental Education, submitted by State of Illinois Board of Higher Education. Report on Intergovernmental Issues, submitted by Illinois Commission on Intergovernmental Cooperation. Report on the Management Audit of the Illinois Environmental Protection Agency's Vehicle Emissions Testing Program, submitted by
[November 7, 2001] 6 Office of the Auditor General. Report on Elder Abuse Task Force, submitted by Illinois Department on Aging. Quarterly Financial Report General Funds, submitted by the Bureau of the Budget. Fiscal Year 2000 Annual Report on Business Enterprise Program, submitted by the Illinois Department of Central Management Services. Report on Sales Tax Issues in Illinois, submitted by the Illinois Economic and Fiscal Commission. 2001 Public Pension Report, submitted by the Illinois Department of Insurance. Report on Construction Progress, submitted by Metropolitan Pier and Exposition Authority. Monthly Revenue Briefing report, submitted by Illinois Economic and Fiscal Commission. FY 2002 Budget Summary, submitted by Illinois Economic and Fiscal Commission. Report on Serving Minority Seniors, submitted by Illinois Departing on Aging, Human Services, Public Health and Public Aid. Report on Waiver of School Code Mandates, submitted by Illinois State Board of Education. Report on Early Intervention Program, submitted by Department of Human Services. Report on Fourth Quarter Procurement for period ending June 30, 2001, submitted by Metropolitan Pier and Exposition Authority. Report on Program Audit of the Illinois Health Facilities Planning Board, submitted by Office of the Auditor General. Report on Proposed Improvements for the Illinois Highways FY 2002, submitted Illinois Department of Transportation. Report on the Use of Emergency Investment Managers, submitted by the State Universities Retirement System of Illinois. Report on Emerging Investment Managers Fiscal Year 2001, submitted by the Illinois State Board of Investment. Report on FY 2002 General Funds Revenue 5-Year Outlook, submitted by Illinois Economic and Fiscal Commission. Report on the Affirmative Action Plan the Year 2002, submitted by the Metropolitan Pier and Exposition Authority. Report on the Management Audit of the Illinois State Board of Education and Other State Agencies Providing Funding to Illinois Regional Offices of Education, submitted by the Office of the Auditor General. Annual Report, submitted by Illinois Motor Vehicle Theft Prevention Council. Illinois Documents List #7, submitted by the Illinois State Library.
7 [November 7, 2001] Report on the Village of Wheeling Flood Hazard Mitigation Project, August 2001, submitted by the Illinois Department of Natural Resources. Report on the Will County Flood Hazard Mitigation Project, August 2001, submitted by the Illinois Department of Natural Resources. Report on the City of Northlake Flood Hazard Mitigation Project, August 2001, submitted by the Illinois Department of Natural Resources. Rural Research Report, submitted by the Illinois Institute for Rural Affairs. Report on Illinois Demographics 2000 Census, submitted by Illinois Economic and Fiscal Commission. Annual Report 2000 Centers for Independent Living, submitted by Illinois Department of Human Services. Annual Report for Fiscal Year ending June 30, 2001, submitted by Illinois Department of Transportation. Report on Illinois National Rankings in State Government Financing 2001 Edition, submitted by Illinois Economic and Fiscal Commission. Annual Report of Federal Funds to State Agencies FY 1999-2001, submitted by Illinois Commission of Intergovernmental Cooperation. Report on Projected Expenditures for the Title XX Social Services Block Grant FY 2002, submitted by Illinois Department of Human Services. Report on FY 2002-2006 Proposed Airport Improvement Program, submitted by Illinois Department of Transportation. Biennial Report 1999-2000, submitted by Illinois Community College Board. Report on Motor Fuel, submitted by Illinois Economic and Fiscal Commission. Autumn Update, submitted by Illinois Economic and Fiscal Commission. Report on Illinois Documents List #6, submitted by Illinois State Library. Report on Illinois Emergency Food & Shelter Program, submitted by Illinois Department of Human Services. Construction Progress Report for periods ending Feb. 2001 and March 2001, submitted by Metropolitan Pier and Exposition Authority. Report on Certification for Designation for Abbott Laboratories, submitted by Illinois Department of Commerce and Community Affairs. Report on Department of Central Management Services Bureau of Communications and Computer Services Third Party Review, submitted by Office of the Auditor General. Construction Progress and Quality Control Reports, submitted by Metropolitan Pier and Exposition Authority. Report on Serving Minority Seniors, submitted by Illinois Departments on Aging, Human Services, Public Health and Public Aid. Calendar Year 2000 Paratransit Coordination Report, submitted by
[November 7, 2001] 8 Illinois Department of Transportation. Financial Statements, submitted by Metropolitan Pier and Exposition Authority. Home Services Program, Volume II FY 2000 Annual Joint Report, submitted by Illinois Department of Human Services. Report on SURS Participants, Retirees and Survivors, submitted by State Universities Annuitants Association. Calendar Year 2000 Paratransit Coordination Report, submitted by Illinois Department of Transportation. Federal and State Estate Tax Report, submitted by Illinois Economic and Fiscal Commission. Annual Report, submitted by Illinois Insurance. Quarterly Report to the Legislature, submitted by Adult and Juvenile Facilities. Report on the Village of Round Lake Heights Flood Hazard Mitigation Project, August 2001, submitted by Illinois Department of Natural Resources. Report on the City of Lockport Flood Hazard Mitigation Project, August 2001, submitted by Illinois Department of Natural Resources. Report on Corporate Incentives in the State of Illinois, submitted by Illinois Economic and Fiscal Commission. Quarterly Procurement Activity Report, submitted by Metropolitan Pier and Exposition Authority. Annual Revenue Report FY 2000, submitted by Illinois Department of Human Services. Financial and Compliance Audit Report, submitted by Office of the Attorney General. Financial and Compliance Audit Report, submitted by Sex Offender Management Board. Financial and Compliance Audit Report, submitted by Violence Prevention Authority. Financial and Compliance Audit Report, submitted by Judicial Inquiry Board. Financial and Compliance Audit Report, submitted by Village of Robbins' Use of Municipal Economic Development Funds. Financial and Compliance Audit Report, submitted by Office of the Attorney General. Statement of Receipts and Expenditures, submitted by Northeastern Illinois Planning Commission. Annual Report of the Diesel Emission Inspection Program, submitted by Illinois Department of Transportation. Supplemental Report of Federal Expenditures Agency, submitted by Office of the Auditor General. Report on Compliance and on Internal Control over Financial Report,
9 [November 7, 2001] submitted by Office of the Auditor General. State of Illinois Statewide Single Audit Report, submitted by Office of the Attorney General. 2000 Annual Report, submitted by Illinois State Labor Relations Board and Illinois Local Labor Relations Board. Report on FY 2001 Higher Education Budget Recommendations, submitted by the Illinois Board of Higher Education. Sixth Annual report of the Child Endangerment Risk Assessment Protocol, submitted by Illinois Department of Children and Family Services. Quarterly Report to the Legislature, submitted by Adult and Juvenile Facilities. Financial Statements for the Metropolitan Pier and Exposition Authority, submitted by Metropolitan Pier and Exposition Authority. Financial Plan for FY 2002, 2003 and 2004, submitted by Metropolitan Pier and Exposition Authority. Annual report, submitted by Illinois Higher Education. Report on the Under Represented Groups in Illinois Higher Education, submitted by Illinois Board of Higher Education. Annual Report, submitted by Excellence in Academic Medicine Act. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 October 12, 2001 Mr. Anthony Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 State House Springfield, IL 62706 Dear Mr. Clerk: Please be advised that I am increasing the membership on the following House Committees: Cities & Villages (increase majority appointments to 7 members) (increase minority appointments to 6 members) Counties & Townships (increase majority appointments to 7 members) (increase minority appointments to 6 members) If you have any questions, please contact Mr. Tim Mapes, Chief Staff.
[November 7, 2001] 10 With kindest personal regards, I remain Sincerely, s/Michael J. Madigan Speaker of the House 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 bill be reported "approved or consideration" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 2871 and 2935. That the bill be reported "approved for consideration" and be placed on the order of Third Reading -- Consideration Postponed: SENATE BILL 384. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Ryder Y Hannig (Bradley) A Tenhouse, Spkpn Y Turner, Art (Mendoza) MESSAGES FROM THE GOVERNOR OFFICE OF THE SECRETARY OF STATE JESSE WHITE - Secretary of State November 7, 2001 To the Honorable Speaker of the House: Sir: I am enclosing herewith a copy of the Approval Message from the Governor as filed in my office and directed to the Honorable Members of the House of the 92nd General Assembly as follows: HOUSE MESSAGES HOUSE BILL PUBLIC ACT. NO. DATE OF MESSAGE 2900 92-0022 June 28, 2001 1785 92-0166 July 26, 2001 0313 92-0209 August 2, 2001 3209 92-0241 August 3, 2001 Respectfully, s/Jesse White Secretary of State STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR
11 [November 7, 2001] June 28, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly I am pleased to sign House Bill 2900, a measure which returns the State of Illinois to the forefront of cutting edge regulation of telecommunications technology. Because so many changes have swept the marketplace since Illinois' last landmark effort, the importance of the General Assembly's efforts, and those of industry and consumer organizations, cannot be overstated. House Bill 2900 makes broad changes in how Illinois will govern the rapidly changing telecommunications marketplace. House and Senate committee members assigned to produce a comprehensive telecommunications rewrite put in untold hours of work and negotiation and should be congratulated for their efforts. The policy goals of the legislation are clear: 1. to ensure the widest availability of telecommunications services at a reasonable cost for residential users; 2. to encourage competition in the residential market, and to declare the business market competitive; 3. to help bridge the digital divide; 4. to spur substantial investment in telecommunications infrastructure in Illinois. House Bill 2900 contains numerous pro-consumer provisions, which include: 1. enhancements in the ability to oversee and address abuses of slamming, jamming and cramming violations; 2. new service quality standards that all telecommunications companies must abide by; 3. significantly increased enforcement and penalty powers given to the Illinois Commerce Commission; 4. required deployment of advanced telecommunications services on a gradual yet consistent basis throughout Illinois; 5. new provisions which will further enhance the competitive activity in the residential markets. To be frank, unless this last goal is achieved, the others will wither. If we can achieve the greatest possible telecom investment in Illinois, our residential consumers will be well served and Illinois will be an attractive place for businesses to locate and expand. Substantial telecom investment will mean jobs for Illinoisans in a fast growing industry. Some have expressed fears that House Bill 2900 may encourage new telecom operations to simply buy technology and services from existing companies and resell them, without making their own investments in technology and jobs in our State. I believe the Illinois Commerce Commission should be vigilant in its enforcement of the Act to ensure substantial investment by all telecommunication companies desiring to do business in our State. If entering companies are led to believe that they can prosper simply by "picking off" prime services from other carriers, perhaps at or below cost, then Illinois will have deprived itself of rational telecom regulation and discouraged, rather than encouraged, investment in technology and jobs in this State. I chose to sign House Bill 2900 in Humboldt Park, which is one of six Illinois Workforce Advantage communities. In these IWA communities,
[November 7, 2001] 12 the State coordinates our financial and organizational efforts to make measurable, positive changes in the lives of the people in these communities. Casa Central, the location for the bill signing, is an active member of the Humboldt Park Empowerment Partnership, and will be receiving a State of Illinois "Eliminate the Digital Divide" grant of $49,824 to replace obsolete equipment that it now uses in its technology center. One of the most important parts of House Bill 2900 is an additional $30 million, available for future digital divide grants that can help people throughout the State and at programs like Casa Central. I believe that House Bill 2900 represents an extremely positive step forward. As the telecommunications industry continues to evolve, I would urge both the General Assembly and the Illinois Commerce Commission to carefully monitor implementation of this Act. The ICC and GA should also monitor Federal action coming from either Congress or the Federal Communications Commission. The complex goal of House Bill 2900 is to simultaneously encourage competition in both the business and residential markets, while continuing to protect consumers in cases where the market still may not be mature or functioning properly. I hope to see continued investments, in both new and existing technologies that will improve the telecommunications infrastructure in Illinois. House Bill 2900 also attempts to not get in the way of new technologies that could emerge in the years ahead. The sponsors of the bill wisely set a short sunset date for the new act of July 1, 2005, as I am certain this field will continue to undergo rapid changes that necessitate further revisions in how telecommunications are regulated. To adequately implement this new law, careful attention must be paid to the real world impact on all parties, including residential consumers, businesses (large and small), and the telecommunications companies that ultimately must respond in the appropriate manner to keep Illinois on the cutting edge of state telecommunications regulations. I strongly urge all of the organizations that had some stake in crafting this bill to pull together and make this work for all of the citizens in Illinois. As with all complex, multi-party negotiations, no side got everything it wanted but the combined result should serve the people of Illinois well in the four years until the process of reviewing our laws starts again. All in all, this legislation is a significant achievement. It is the nation's most important advance in telecom regulation for the 21st century and I am pleased to sign it. With these comments I have approved House Bill 2900. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR July 26, 2001
13 [November 7, 2001] To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Today I am signing House Bill 1785, which amends the Illinois Local Library Act and the Public Library District Act of 1991. It requires a person residing outside of a public library service area to apply for a non-resident card at the library closest to the person's principal residence. It also provides that non-resident library cards may be used at all of the participating public libraries in the regional library system. Now, a non-resident card may be used only at the library where the card was issued. In Illinois, there are more than 1 million people in unincorporated and rural areas who do not belong to or are a part of a library district. There have been a variety of efforts over the years to expand access to those not in a library district. This legislation does not provide the answers to all of the problems facing our public libraries today. It does, however, move the State of Illinois toward more equitable access to our public libraries. It is my hope that one day all Illinois residents will be part of a library district. The Illinois Local Library Act provides that the Illinois State Library shall establish the formula by which local libraries determine the costs that will be assessed to nonresidents for the use of libraries in Illinois. House Bill 1785 will necessitate that this formula be modified. It is my desire that the Illinois State Library work closely with local libraries in modifying these rules to ensure that all interested parties' concerns are addressed. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 2, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly I have today signed into law House Bill 313 entitled "AN ACT concerning health care facilities." House Bill 313 amends the Nursing Home Care Act to provide that inspectors and employees of the Department of Public Health who intentionally pre-notify a facility, either orally or in writing, of a pending complaint investigation or inspection, shall be guilty of a Class A misdemeanor and subject to disciplinary action. House Bill 313 also provides that superiors of such employees, who knowingly allowed the pre-notification, shall be subject to the same penalty. The bill further provides that the Department of Public Health must file a complaint with the Attorney General or the appropriate State's Attorney within 30 days after discovering information that leads to a good faith belief that a person has pre-notified a facility.
[November 7, 2001] 14 I fully believe this is a well-intentioned bill. However, I am concerned that the bill could have been drafted more tightly and in a manner consistent with the similar offense in the current law. I have several concerns that I would like the General Assembly to consider. The bill states that an inspector or an employee of the Department who intentionally "prenotifies" a facility is guilty of a Class A misdemeanor. The word "prenotifies" is a somewhat ambiguous term for a criminal offense and is different terminology than the similar offense in current law that uses the more direct "gives prior notice". I believe the latter is more artful wording for a criminal offense. The current law covers prior notice that is directly or indirectly given. House Bill 313 does not. The current law covers prior notice to a facility or to an employee of a facility. House Bill 313 only covers pre-notificatin of a facility, which may require notice to management of the facility. The current Class A misdemeanor for giving prior notice of an inspection, survey, or evaluation, and House Bill 313's redundant inclusion of inspection in its Class A misdemeanor offense, are lower penalties than the applicable criminal penalty under the Criminal Code. The Criminal Code offense of official misconduct makes it a Class 3 felony for a public officer or employee to knowingly perform an act in violation of law. The Nursing Care Act provides, separate from the misdemeanor provision, that: "An inspection, survey, or evaluation, other than an inspection of financial records shall be conducted without prior notice to the facility." Therefore, prior notice given by an employee would be a violation of law and punishable as the Class 3 felony of official misconduct. Does the General Assembly consider the Class A misdemeanor penalty to be sufficient? Certainly, a felony conviction for official misconduct would clearly cost the employee their State position; whereas it is unclear what type of disciplinary action may result from the misdemeanor penalty. These are issues that the General Assembly may want to address with future legislation. With these clarifications, I have signed House Bill 313. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 3, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly I have signed House Bill 3209, which amends "AN ACT concerning freedom of information." This bill exempts "computer graphic systems" from inspection and copying covered under the Freedom of Information Act if the disclosure of those documents could reasonably be expected to produce private gain or public loss. Although the intent of this bill is to protect the investment
15 [November 7, 2001] public bodies make in integrating geographic information systems with other overlays of public records such as parcels, the wording in the bill is vague and could be defined too broadly. The term used in the bill, "computer graphic system," does not intuitively define the data contained on any system but the term "system" could be construed to refer only to hardware or software that pertains to any type of graphic representation. Moreover, at a time when I am encouraging state agencies and local governments to collaboratively provide more information over the Internet, this bill has the potential to discourage local and state entities from providing this type of integrated data online. The lack of a specific definition for the type of overlay data that should be protected from private gain could be a reason for concern and lead to misunderstanding. Without this type of definition, there is not a limit on the type of data that is paid for with public funds that in fact should be shared online with the public. While I support the intent of House Bill 3209, legislation should be pursued that clarifies these issues and balances the immense costs of maintaining public accountability and public access with limits on the commercialization and exploitation of public data for private gain. With this clarification, I have signed House Bill 3209. Sincerely, s/GEORGE H. RYAN Governor OFFICE OF THE SECRETARY OF STATE JESSE WHITE - Secretary of State November 7, 2001 To the Honorable Speaker of the House: Sir: In compliance with the provisions of the Constitution of the State of Illinois, I am forwarding herewith the enclosed House Bills, as vetoed by the Governor together with his objections. HOUSE BILLS 176 1812 198 1813 222 2254 417 2425 442 3071 1302 3078 1697 3377 Respectfully, s/Jesse White Secretary of State STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR
[November 7, 2001] 16 August 10, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9 (b) of the Illinois Constitution of 1970, I hereby veto House Bill 176, entitled "AN ACT concerning telephone solicitation." House Bill 176 is a well meaning bill that is described as allowing residents of Illinois to declare that they do not want to receive unsolicited telephone calls from businesses or other organizations. No one likes to have their family dinner interrupted by calls from people trying to sell products or solicit donations, but House Bill 176 would do very little to rectify the situation. House Bill 176 would not apply to telephone companies until July 1, 2005. House Bill 176 would not apply to non-profit organizations. House Bill 176 would not apply to any politician or political organization or polling organization as the definition of solicitation only covers the purchase or rental of goods or services. House Bill 176 would not apply to any company that already has an "existing relationship" with a customer. House Bill 176 would not apply to any person who is licensed by the State of Illinois to carry out a trade, occupation, or profession who wants to set up a face-to-face meeting. In fact, the number of exemptions included in House Bill 176 make it very difficult to identify just which groups would be covered by this bill. Signing House Bill 176 into law would send a misleading message to the residents of Illinois. People who believe that they should be free from unwanted telephone calls would rightfully become angry if they have placed their name on the restricted list only to be bothered by additional, unwanted telephone calls. This has been the result in other states that have passed similar laws, in many cases with fewer exemptions than exist in House Bill 176. When asked about their experiences, officials in other states have been unanimous in their advice that before a law like this is put on the books it should have as few exemptions as possible. The alternative is unnecessary hostility once the public realizes that the bill doesn't deliver what was promised. Some may argue that taking even this small step creates a base that can be built upon in future years. I believe the result would be exactly the opposite as it would be almost impossible to remove any of these exemptions once this law is in place. I believe that the sponsors of this bill have their heart in the right place. They used their legislative skills to make the compromises that they felt were necessary to pass this bill. However, the end result really is different from where this bill started and I firmly believe that with more input from the general public, the result could be a better bill that comes closer to meeting
17 [November 7, 2001] the sponsors' original goals. I considered an amendatory veto but was concerned that this might stretch beyond the permitted legal authority so it will be better to start fresh during the next legislative session. If members of the General Assembly want to pass a genuine "no-call" bill I will be more inclined to sign it into law, but until that day comes the only fair recourse is to veto House Bill 176. For these reasons, I hereby veto and return House Bill 176. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR July 26, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto House Bill 198 entitled "AN ACT with regard to education." House Bill 198 amends the Illinois School Code and provides that the course of instruction given in grades 10 through 12 concerning the Illinois Vehicle Code must include instruction on special hazards existing, and observed, at highway construction and maintenance zones and in emergency situations. While the principals of House Bill 198 are sound and the protection of highway construction and emergency personnel are of utmost importance, House Bill 198 duplicates existing state statutes and is unnecessary legislation. The School Code currently specifies that the driver education curriculum must cover the sections of the Illinois Vehicle Code which include special regulations for construction and maintenance zones. Illinois' teachers are currently covering these mandated topics as well as other related work zone hazards. For this reason, House Bill 198 is unnecessary and I hereby veto and return House Bill 198. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR
[November 7, 2001] 18 August 10, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9 (b) of the Illinois Constitution of 1970, I hereby veto House Bull 222 entitled "AN ACT concerning criminal law. House Bill 222 amends the Statewide Grand Jury Act. Provides that a statewide grand jury may be convened to investigate and return indictments for any sex offense listed in the Criminal Code of 1961 (rather than certain sex offenses involving children), which are facilitated by the use of a computer. The issue of allowing a statewide grand jury, as a substitute for a county grand jury or the filing of a criminal charge by a State's Attorney has always been contentious, because of the fact that it intrudes into the charging of criminal offenses previously reserved exclusively for a county State's Attorney. For many years, statewide grand jury legislation stalled in the General Assembly for this very reason. When it was finally enacted, the statewide grand jury was deliberately limited to criminal street-gang and gun crimes, which involve more than one county of the State. The expansive nature of the criminal conspiracy behind the trafficking in guns and drugs was the main reason cited for authorizing the use of a statewide grand jury. It is up to the Attorney General to petition for the impaneling of a statewide grand jury. Later, the statewide grand jury law was expanded to include indecent solicitation of a child, sexual exploitation of a child, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, juvenile pimping and child pornography, which are facilitated by the use of a computer. The justification for adding these offenses was the involvement or potential involvement of a vulnerable class of victim that being children. House Bill 222 is not an initiative of the Attorney General. It seeks to add thirty (30) additional sex offenses to the statewide grand jury law, regardless of the type of victim. These include many misdemeanor level offenses. There are not any additional funds being provided to the Attorney General for the additional personnel to pursue indictment and prosecution of these offenses. I do not find that there is sufficient justification for these additions to the jurisdiction of a statewide grand jury. I believe the State of Illinois is better served by keeping the limited statewide grand jury resources focused on drug conspiracies, street-gang conspiracies, trafficking in computer child pornography and computer solicitation of children for sexual offenses. Moreover, there is not any indication that State's Attorneys supported this legislation or perceived the need for the impaneling of statewide grand juries to otherwise assist in their investigation and prosecution of these additional offenses. Without House Bill 222, a State's Attorney is fully capable of convening a grand jury to investigate and consider whether or not criminal indictments should be returned for these other sex offenses. A State's Attorney can also file a criminal charge, without a grand jury, for any of these offenses. For these reasons, I hereby veto and return House Bill 222. Sincerely, s/GEORGE H. RYAN
19 [November 7, 2001] Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 10, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9 (b) of the Illinois Constitution of 1970, I hereby veto House Bill 417 entitled "AN ACT concerning wildlife." House Bill 417 amends the Wildlife Code to delete the statutory provisions setting the time frames during which certain public seasons for deer hunting by gun, and bow and arrow, may be set. Specifically, the bill removes the 14-day limits for certain deer hunting seasons. The bill also provides that while deer hunting, no person may possess any type of gun (now firearm) not authorized by the appropriate administrative rule. House Bill 417 will allow the Director of the Department of Natural Resources to set the deer hunting season by Administrative Rule annually, at his discretion. Although the main purpose of House Bill 417 is to provide the Department of Natural Resources with more flexibility in managing the white-tailed deer population, I do not believe the benefit of such flexibility outweighs the confusion that may result if specific time frames for hunting are removed from the Wildlife Code. The current Wildlife Code allows the hunting season to be set annually between the dates of November 1st and December 31st by the Director of the Department of Natural Resources. It is my belief that these set time frames help the sportsmen more consistently plan their hunting season. This consistency ensures that sportsmen will know when open season hunting will take place year after year, and would result in more consistent hunting. I do not feel that eliminating the dates in which open season is allowed will have any more of a beneficial effect on managing the deer populations. Indeed, I do feel that changing the dates could have an adverse effect by having fewer sportsmen participate due to the inconsistency of the season, from year to year. For these reasons, I hereby veto and return House Bill 417. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR July 24, 2001
[November 7, 2001] 20 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto and return House Bill 442 entitled "AN ACT concerning sanitary districts." House Bill 442 amends the Metropolitan Water Reclamation District Act. It provides that the District must levy a direct annual tax to pay the principal interest on indebtedness within 30 years after contracting the debt (now at least within 20 years after contracting the debt). I fully support the provisions in House Bill 442; however, I have already signed into law Senate Bill 93 that contains identical provisions. For these reasons, I hereby veto and return House Bill 442. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 7, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto House Bill 1302, entitled "AN ACT concerning aging." House Bill 1302 amends the Illinois Act on Aging to require the Department on Aging to distribute new funds to the Area Agencies on Aging in accordance with the intrastate funding formula. The legislation also provides that legislatively directed programs that provide designated amounts of funding to targeted areas are not subject to the intrastate funding formula. The thirteen Area Agencies on Aging provide tremendous services that benefit senior citizens throughout the State. I wholeheartedly support their successful efforts to assist our senior citizens. I also understand that certain agencies that serve larger senior populations were concerned by the General Assembly's recent determination that new funds to the Area Agencies on Aging should be distributed equally among the thirteen agencies. Although House Bill 1302 intends to prevent possible inequities in future funding, I believe it is unnecessary legislation. The current Administrative Rules of the Department on Aging, which have the force and effect of law, already require the distribution of funds in accordance with the intrastate funding formula. Title 89, Section 230.45(a) of the Illinois Administrative Code
21 [November 7, 2001] provides that funds appropriated for the thirteen Area Agencies on Aging are to be distributed based on the intrastate funding formula. Section 230.45(j) of the Code outlines certain exceptions from this requirement, which include "instances of a legislatively directed program requiring funding at a designated level for a defined target population." Since House Bill 1302 substantially reflects language that is already part of the Department's administrative rules, it is my opinion that it is unnecessary and duplicative to enact this requirement into law. For these reasons, I hereby veto and return House Bill 1302. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR July 27, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9 (b) of the Illinois Constitution of 1970, I hereby veto and return House Bill 1697 entitled "AN ACT in relation to alcoholic liquor." House Bill 1697 amends the Liquor Control Act of 1934. It provides that alcoholic liquor may be served or delivered in any building or facility under the control of the Department of Natural Resources upon the written approval of the Director of Natural Resources. It also provides that the Director of Natural Resources may specify conditions on that approval. I fully support opening State government buildings for constituent use. Current State law regarding comparable buildings, such as the State Museum, State Library and Willard Ice Building, set forth specific and mandatory guidelines when alcohol is to be served in these buildings. House Bill 1697 lacks these specific guidelines. I certainly have full faith in the judgement of the Director of Natural Resources, and I am confident that the intent of the legislation would have been carried out under as restrictive conditions, if not more so. However, upon careful reflection the inconsistency of House Bill 1697 with current law regarding alcohol use in other State buildings needs to be re-evaluated. Furthermore, there are currently several other State government buildings, including the State Museum, fairgrounds buildings and the State Library, open for constituent use that have authority to serve alcoholic beverages with mandatory guidelines. These buildings, in addition to local private establishments, appear to provide a number of venues for constituent events and receptions where alcohol may be served. For these reasons, I hereby veto and return House Bill 1697.
[November 7, 2001] 22 Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 17, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto House Bill 1812 entitled "AN ACT concerning organized gangs, which may be referred to as the Severol Anti-gang Amendments of 2001." House Bill 1812 would add a new eligibility factor to this State's death penalty sentencing statue. This new provision would make a defendant eligible for the death penalty where the murder was committed in furtherance of the activities of an organized gang. The bill also adds several new criminal offenses to the Criminal Code, which again are based upon activities in furtherance of an organized gang. While I sympathize with the circumstances that prompted the legislature to pass House Bill 1812, I must veto it for the following reasons. I have long been a supporter of tough measures to combat gang activity in our state. Illinois has some of the toughest laws on the books to severely punish gang-related crimes. In fact, most gang-related murders would qualify for the imposition of the death penalty under the existing eligibility factors in our death penalty statue. Unfortunately, this still has not deterred gang members from killing. Moreover, the General Assembly recently passed the 15-20-Life laws which I proposed that also substantially enhanced the sentences for criminals, including gang members, who use firearms in committing violent offenses. Although there have been legal challenges to this initiative, I am confident that the Illinois Supreme Court will ultimately uphold these laws as federal and state courts have done elsewhere in upholding similar sentencing enhancement provisions. Of course, we must continue to provide better support for law enforcement activities designed to break the stranglehold of fear and cycle of violence that gang activity produces in some of our communities. We all recognize, however, that even the most effective work by police and prosecutors will not, by itself, solve this problem. We must continue to work to provide better educational and economic opportunities to our most impoverished communities where gang activity and violence have flourished. We must also ensure that we have programs that will provide meaningful alternatives to gang membership for every child to discourage their participation in criminal activity. I am proud to say that in partnership with the General Assembly, we have done much to provide new economic and educational opportunities in this State. We recognize that eliminating crime and violence in our society requires us to equally focus on prevention, enforcement and rehabilitation. We have made significant progress in the last two years; however, our work is far from over.
23 [November 7, 2001] While House Bill 1812 represents a well-meaning effort to address serious gang activity that results in a murder, I believe its efforts are misdirected in light of existing laws, constitutional concerns and our past history of erroneously sentencing individuals to death. First, it is essential to recognize that most serious gang activity that results in murder is already covered by our existing death penalty statue. For example, a gang member committing murder while attempting or committing another serious felony offense is eligible for the death penalty. The list of qualifying felony offenses is lengthy and includes crimes such as robbery, armed violence, burglary, home invasion, kidnapping and forcible detention. Current law specifically provides that the death penalty may be imposed for a killing committed in the course of a streetgang criminal drug conspiracy. Murders committed while engaging in various drug offenses are also punishable by death. There is no question that gangs and gang violence exist because of, and are fueled by, the illegal drug trade. Further, under our current death penalty statute, the killing of a police officer, correctional officer or inmate already makes a gang member eligible for the death penalty. A gang member who has previously been convicted of a murder is also subject to a death sentence. Committing a murder pursuant to an agreement in exchange for anything of value (including drugs) will also result in eligibility for the death penalty. Murdering someone who is going to testify or who is assisting the State in any investigation or prosecution will make the murderer eligible for the death penalty. The death penalty statute also makes gang leaders eligible for the death penalty for counseling, inducing, procuring or causing the murder of another individual. Finally, our existing death penalty statute also makes a defendant eligible for the death penalty if the murder results from a drive-by shooting. The addition of a blanket eligibility factor making someone eligible for the death penalty based merely on gang membership duplicates existing statues, sweeps more broadly than is necessary and raises constitutional concerns. In an effort to define the conditions under which gang activity would result in the death penalty or one of the new crimes described by the bill, the legislature has incorporated the definition of "organized gang" from the Illinois Streetgang Terrorism Omnibus Prevention Act (740 ILCS 147). The intention of this Act is to create a civil remedy available to public authorities to be pursued against gang members. Its purpose is to include the broadest range of activity possible. Using this broad civil definition of gang activity as a basis for the imposition of the death penalty or to define the scope of other criminal prohibitions is unwise. Although the General Assembly modified this legislation to attempt to avoid infringing an individual's constitutional right of association, the intended broad scope of prohibited conduct "in furtherance" of an organized gang does not completely eliminate this concern. Furthermore, significant opposition to this legislation developed in the General Assembly because of the clear disparate impact this bill will have on minorities. Today, nearly 70% of those on death row are racial or ethnic minorities. Such disproportionate numbers have already raised due process and equal protection challenges to our existing capital punishment system. Moreover, as we continue to almost annually add eligibility factors to our death penalty statute, we introduce more arbitrariness and discretion and edge ever closer to our previous capital punishment system that was effectively held unconstitutional by the United States Supreme Court in 1972. Over the last year, I have heard from prosecutors, judges and defense attorneys who have suggested we already have far too many eligibility factors under our existing capital punishment statute. We must also be mindful that the very nature of gang activity has
[November 7, 2001] 24 historically produced difficulties with the reliable identification of a killer or killers and with proving guilt based on unimpeachable evidence. Where the state seeks to impose and carry out a death sentence, an obviously irreversible decision, we must be morally certain the individual is actually guilty of the charged murder. Given the broad scope of this legislation, coupled with our past experience, we would clearly be adding ambiguity to our capital punishment system and raising additional constitutional issues. For these reasons, I hereby veto and return House Bill 1812. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR June 28, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto House Bill 1813 entitled "AN ACT regarding taxes." While the substantive provisions of House Bill 1813 are sound, there are inaccurate section references with respect to the imposed taxes. I have already signed Senate Bill 539, which contains the same provisions as House Bill 1813, without the technical section errors. As a consequence, House Bill 1813 is unnecessary legislation and would create confusion if enacted. For this reason, I hereby veto and return House Bill 1813. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 17, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly
25 [November 7, 2001] Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto House Bill 2254 entitled "AN ACT concerning vehicles." House Bill 2254 would amend the Illinois Vehicle Code to require the Secretary of State to provide that each original or renewal driver's license issued to a licensee younger than 19 years of age is of a distinct nature from those driver's licenses issued to individuals 19 and 20 years of age. The color designated for driver's licensees for licenses under 19 years of age shall be at the discretion of the Secretary of State. House Bill 2254 was introduced with a companion bill, House Bill 1034, which would have increased the age for which someone can legally purchase cigarettes, tobacco products, tobacco accessories or smoking herbs from 18 to 19. House Bill 1034 did not pass the General Assembly. Therefore, there is no reason in current Illinois law that calls for separate and distinct driver's licenses for those under 19 years of age. For this reason, I hereby veto and return House Bill 2254. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR July 27, 2001 To The Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto and return House Bill 2425 entitled "AN ACT with regard to education." House Bill 2425 amends the School Code by removing the limit on the period of time a substitute teacher may teach in any one school district in any one school term, provided that if the substitute teacher teaches for a period exceeding 90 paid school days or 450 paid school hours in the district in a school term for 4 consecutive years, he or she must hold an Initial or Standard Teaching Certificate or a Master Certificate to continue to substitute teach. I fully support the provisions in House Bill 2425; however, I have already signed into law Senate Bill 1293 which contains identical provisions. For this reason, I hereby veto and return House Bill 2425. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS
[November 7, 2001] 26 OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 2, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, section 9(b) of the Illinois Constitution of 1970, I hereby veto and return House Bill 3071, entitled "AN ACT concerning health facilities." House Bill 3071 amends the Hospital Licensing Act to reduce the fee structure paid to the Department of Public Health (DPH) for facility plan reviews. It also requires DPH to annually adjust the rates to reflect the increase in construction costs due to inflation. Additionally, the legislation requires DPH to review plans for the proposed alteration, addition, or new construction of hospitals or long term care facilities, and maintains that the fees collected are to be deposited into the Health Facility Plan Review Fund. The Health Facility Plan Review Fund is a special state fund set up to receive and record monies obtained from fees assessed in association with the review of plans for construction of or specific alterations to treatment centers, nursing homes, hospitals, and other facilities. DPH may expend monies in the fund for costs associated with conducting these reviews. Signing HB 3071 into law would decrease the percentage rate applied to estimated construction costs utilized to calculate hospital fees. Additionally, signing this bill would allow for an annual inflation adjustment to reflect the increase in construction costs. I understand that HB 3071 attempts to correct a fee schedule that some entities consider outdated. However, I am concerned about signing legislation that enacts fees which are insufficient to support a program's operational expenses during a time when the state is facing reduced revenues. Signing this legislation would result in the Health Facility Plan Fund balance decreasing because the new fees suggested by HB 3071 are not sufficient to cover expenses for the year. This could potentially put the state in a precarious position of not maintaining adequate funds to keep up with future budgetary pressures. For these reasons, I hereby veto and return HB 3071. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR
27 [November 7, 2001] August 10, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9 (b) of the Illinois Constitution of 1970, I hereby veto House Bill 3078 entitled "AN ACT concerning freedom of information." House Bill 3078 amends the Freedom of Information Act. It specifies that the amount of funds, expended or collected, by a public body in agreements that would settle actual or threatened litigation, becomes public record. It would not include agreements settling actual or threatened litigation by persons committed to the Illinois Department of Corrections. Many governmental entities enter into settlement agreements with the understanding that neither party will disclose the details of the settlement. House Bill 3078 provides for the release of settlement agreements, and may effectively deter governmental entities from settling any litigation. Furthermore, this legislation may lead to higher settlements if governmental entities are compelled to disclose the amount of settlements. Finally, in listening to the concerns brought to my attention by local officials, it is my opinion that this bill would put governmental entities at a disadvantage in defending themselves against litigation. For these reasons, I hereby veto and return House Bill 3078. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 3, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto and return House Bill 3377 entitled "AN ACT concerning industrial hemp." House Bill 3377 authorizes the University of Illinois to study the feasibility and desirability of industrial hemp (cannabis) production, subject to the availability of non-State funding. The study is to include an analysis of required soils, growing conditions, seed availability, varieties, harvest methods, market economies, and environmental benefits. It also requires the research to include development of hemp varieties with a zero level of tetrahydrocannabinol (THC), the active ingredient in cannabis/marijuana. Western Illinois University can conduct a concurrent study of the impact that commercial
[November 7, 2001] 28 production of industrial hemp would have on law enforcement. The University's authority to conduct this study expires on January 1, 2006, but is subject to renewal. The University of Illinois is required to obtain all federal and state permits needed to legally grow industrial hemp for research purposes. This bill is similar to Senate Bill 1397 in the 91st General Assembly, which I vetoed. The sponsors of House Bill 3377 have made a good-faith effort to address the concerns that I raised in my prior veto. However, I still believe that this bill is unnecessary. Though I believe the sponsor's sole purpose is to promote this research in an effort to benefit legitimate agricultural producers in Illinois, this legislation nonetheless plays into the national strategy of groups seeking to remove existing criminal penalties for cannabis/marijuana possession and use. The National Organization for the Reform of Marijuana Laws (NORML) is the principal national advocate for legalization of marijuana. NORML has told its members to: "Encourage farm organizations to endorse hemp cultivation: The American farm industry is one of America's most influential lobbies on both the national and state level." I am sure the sponsors of House Bill 3377 and the agricultural interest groups supporting it are as uncomfortable as I am with this unintended connection. Further, as I stated in my veto of Senate Bill 1397, I cannot ignore the concerns of the drug prevention and treatment groups that the ultimate commercial cultivation and availability of a product that contains a potentially mind-altering substance would leave open the prospect of substance abuse. This would send a mixed message to the youth of our State. I recognize that House Bill 3377 is only authorizing cultivation for research purposes but, nontheless, it is a step toward full commercial cultivation. Many studies have already been done on industrial hemp that indicate it is unlikely to move beyond the current small niche market to large-scale commercial production. A United States Department of Agriculture study concluded that industrial hemp production "will be unable to sustain adequate profit margins for a large scale production sector to develop." The Office of National Drug Control Policy found that "for every proposed use of industrial hemp, there already exists an available product, or raw material, which is cheaper to manufacture and provides better market results." The federal Drug Enforcement Agency has stated that it has never been approached by a major clothing, food, paper, fiber or textile company with an interest in the cultivation of hemp supplies. Finally, a University of Kentucky study found that in the countries where industrial hemp is currently grown, none have a thriving hemp industry and many are reducing their already small hemp acreage. In April 2001, Governor Jane Dee Hull of Arizona vetoed a similar bill in her State. She too cited the numerous studies that have already been done and stated: "with this study already complete, the need for additional study by our universities is dubious." Finally, House Bill 3377 is only necessary to allow the University of Illinois to actually grow industrial hemp for research purposes, if licensed to do so by the federal government. The University of Illinois, without House Bill 3377, can conduct privately funded research on the economic feasibility, processing costs, comparison with current alternatives and the long term prospect for development of sustainable markets for industrial hemp. Likewise, Western Illinois University does not need House Bill 3377 to study what effect legalization of industrial hemp would have on the enforcement of existing laws prohibiting possession, sale and use of cannabis. Therefore, I do not see the need to authorize growing industrial hemp as part of any such study. For these reasons, I hereby veto and return House Bill 3377.
29 [November 7, 2001] Sincerely, s/GEORGE H. RYAN Governor OFFICE OF THE SECRETARY OF STATE JESSE WHITE - Secretary of State November 7, 2001 To the Honorable Speaker of the House: Sir: In compliance with the provisions of the Constitution of the State of Illinois, I am forwarding herewith the enclosed House Bills that are bing returned by the Governor with specific recommendations for change. HOUSE BILLS 196 1356 279 1696 445 2412 549 2528 1011 3172 1039 3307 Respectfully, s/Jesse White Secretary of State STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 1, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 196, entitled "AN ACT to amend the Humane Care for Animals Act by adding Section 2.09 and by changing Sections 4.03 and 4.04," with my specific recommendations for change. House Bill 196 enhances the penalty for willfully and maliciously taunting, tormenting, teasing, beating, striking, torturing, injuring, poisoning, killing or otherwise interfering with a search and rescue dog. It also creates a penalty for interfering or meddling with a search and rescue dog handler. A search and rescue dog is defined as a
[November 7, 2001] 30 dog trained to locate lost or missing persons, victims of natural disasters, and human bodies. House Bill 196 is patterned on the current law provision for an enhanced penalty for the same acts committed against a police dog or police dog handler. However, the current law requires the acts against the police dog or handler to occur while they are engaged in carrying out their official function or duty, or when the dog is confined off-duty. House Bill 196 is without any similar limits, such that "meddling" with a search and rescue dog handler anywhere, anytime and even when the dog is not present becomes an offense. While I believe that all dogs should be treated humanely and not subjected to torment, torture or injury, the enhanced penalty should apply to interfering with these specially trained dogs while engaged in their search and rescue work. The enhanced penalty is justified in the search and rescue context, since lives can be at stake. Finally, to make sure that this legislation becomes law on January 1, 2002, as originally intended by the General Assembly, I also suggest adding a January 1, 2002 effective date so that my amendatory veto does not delay implementation of the law. For these reason, I return House Bill 196 with the following recommendations for change: On page 1, line 28, by inserting "engaged in the performance of its functions or duties, or when placed in confinement off duty" after "dog"; and On page 1, line 29, by inserting "engaged in the performance of the functions or duties of the search and rescue dog" after "handler"; and On page 2, line 14, by inserting "engaged in the performance of its functions or duties, or when placed in confinement off duty" after "dog"; and On page 2, by inserting after line 16 the following: "Section 99. Effective date. This Act takes effect January 1, 2002." With these specific recommendations for change, House Bill 196 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 1, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly
31 [November 7, 2001] Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 279, entitled "AN ACT concerning emergency medical dispatches," with my specific recommendations for change. House Bill 279 amends the Emergency Medical Services (EMS) Systems Act. It requires emergency medical dispatchers to use the Department of Public Health's approved emergency medical dispatch priority reference system (EMDPRS) protocols to dispatch aid, including non-discretionary pre-arrival support instructions in emergency situations. The bill further provides that the Department of Public Health shall issue certificates to persons who meet the training and other requirements of an emergency medical dispatcher. The Department is also responsible for establishing an annual recertification requirement for emergency medical dispatchers, including continuing education requirements. It is my understanding that this legislation represents the outcome of considerable efforts by various parties including the Illinois Department of Public Health, to improve the statutory process for EMS dispatcher certification and education. However, House Bill 279 contains two technical defects that must be corrected. For this reason, I return House Bill 279 with the following specific recommendations for change: on page 1, line 30, by replacing "non-discretionary" with "non-discriminatory"; and on page 2, line 33, by replacing "EMD and EMD agency" with "EMS Medical Director". With these specific recommendations for change, House Bill 279 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 3, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and
[November 7, 2001] 32 conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 445, entitled "AN ACT in relation to schools," with my specific recommendations for change. House Bill 445 makes it a petty offense for any person to have alcoholic liquor in his or her possession on public school district property on school days or at events when children are present. It exempts possession of alcoholic liquor in the original container with the seal unbroken by a person who is not otherwise legally prohibited from possessing the alcoholic liquor, and possession by a person in or for the performance of a religious service or ceremony authorized by the school board. I agree with the intent of House Bill 445. The bill applies a petty offense to possession of alcohol by any person on school property, except under limited circumstances. The current Liquor Control Act applies a Class A misdemeanor to possession of alcohol by a person under 21. The current law's additional element of being under 21 years of age may be enough to avoid the petty offense becoming the sole penalty for possession of alcohol on school property; however, to avoid any court from so interpreting these two laws I am suggesting a change. Also, the provision covering possession of alcohol at an event where children are present was intended to cover only events on school property and I suggest language to make that clear. For these reasons, I return House Bill 445 with the following recommendations for change: On page 6, line 6, by replacing "Any" with "Except as otherwise provided in this Act, any"; and On page 6, line 8, by inserting "on public school district property" between "events" and "when". With these specific recommendations for change, House Bill 445 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 10, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and
33 [November 7, 2001] conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 549, entitled "AN ACT concerning public defenders," with my specific recommendation for change. First of all, I wish to applaud the General Assembly for recognizing the importance of funding the Public Defender in each of our State's counties in much the same way that the State already funds our State's Attorneys. The passage of this legislation represents another victory for criminal justice reform and is a vital step towards a more fair, just and accurate criminal justice system. A number of things in the past several years have contributed to the furtherance of fairness and justice in Illinois beginning, perhaps, with the General Assembly's commissioning of the Task Force on Professional Practice in the Illinois Justice Systems. This task force, chaired by the Honorable J. William Roberts, recommended many important and critical steps necessary to secure and restore justice to the Illinois justice system in their report to the General Assembly in May of 2000. I am proud to say that, in partnership with the General Assembly, we are working toward implementing yet another recommendation from this report by taking an important step toward State funding of public defenders. This will follow a series of meaningful protections that have been a part of the justice system reforms that I have fought to put in place including, among others: the creation of the Capital Litigation Trust Fund, which to date has dedicated over $21 million to the defense and prosecution of capital cases so that these cases are investigated thoroughly from the beginning and defendants have access to resources once routinely denies them; the death penalty moratorium, which insures that no innocent man or woman will face death at the hands of the State while our capital punishment system undergoes a thorough and comprehensive review; and more recently, the inclusion in our budget of State funds to alleviate the backlog of criminal appeals in Cook County that was delaying, if not effectively denying, individuals their constitutional right to appellate review. But our work in this area is not through and even House Bill 549 leaves some things unsaid and undone. The funding of this initiative is not included in this year's budget and I ask the General Assembly to finish what they have started by appropriating the necessary funds next year to put this important criminal justice reform into effect. I also strongly encourage counties to take advantage of the time from now until the beginning of the next fiscal year, when the State intends to begin funding this initiative, to plan how to best utilize these funds to improve public defender offices and their services. While not explicitly stated in this legislation, the State funding that this bill will make possible is meant to supplement county budgets for their public defenders, not replace it. The State funding contemplated by this legislation will free up county funds which should then be used to leverage other criminal justice improvements by funding programs and services that will further enhance the quality of defender services in each county. To simply work a budget reallocation of State funds for already allocated and expended county funds, would be acting contrary to the intent and will of the Illinois General Assembly and the Governor of this State. I believe that allowing time for counties to plan for the appropriate changes and improvements in their public defenders offices will help make this initiative more successful. Moreover, I believe that we can insure greater accountability from Illinois counties by adjusting the effective date to correspond with the anticipated date that the State will make the promised funds
[November 7, 2001] 34 available. For these reasons, I return House Bill 549 with the following recommendation for change: On page 2, after line 2 insert the following: "Section 99. Effective date. This Act takes effect July 1, 2002". With this specific recommendation for change, House Bill 549 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 17, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 1011 entitled "AN ACT concerning zoning," with my specific recommendation for change. House Bill 1011 amends the Illinois Municipal Code authorizing the City of Peoria and Peoria County to enter into an intergovernmental agreement that allows the municipality to exercise its zoning powers one and one-half miles outside of the city limits. The agreement would be limited to the territory within the municipality's planning jurisdiction as defined by law or any existing boundary agreement. Furthermore, the bill provides that the county must adopt the same zoning ordinance and that the municipality and the county must amend their individual zoning maps in the same manner as other zoning changes are incorporated into the maps. In addition, the bill provides that the agreement may not authorize the municipality to exercise its zoning power outside of the corporate limits of the municipality, with respect to land used for agricultural purposes. It has come to my attention that the City of Peoria and Peoria County now have a legal interpretation that calls into question the application of the language in this bill with respect to land used for agricultural purposes. I have heard concerns not only from the city and county but also from the bill's sponsor. It is my understanding that this issue arises as a result of a drafting error on an amendment to
35 [November 7, 2001] this bill. In order to avoid unintended consequences from this legislation and at the request of the bill's sponsor, I hereby return House Bill 1011 with the following recommendation for change: on page 3, line 19, by replacing "municipality with "county". With this change, House Bill 1011 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 10, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 1039 entitled "AN ACT concerning public accommodations" with my specific recommendations for change. House Bill 1039 would create the Motorcyclist Public Accommodation Act prohibiting any person from restricting an individual's access or admission to, or use of, a place of public accommodation solely because the individual operates a motorcycle. The bill provides that a violation of the act is a criminal (petty) offense and also provides for civil penalties. House Bill 1039 further provides that the Act does not prohibit a person from restricting an individual's access or admission to, or use of, a place of public accommodation because the individual's conduct poses a risk to the health, safety, or property of another. This legislation is designed to prohibit a form of discrimination that is not currently covered by law and I fully support the fundamental purpose and intent of this legislation. I understand that the intent of the General Assembly was not to add protections for motorcyclists to the Illinois Human Rights Act, but rather to insure that Illinois law covers a form of discrimination that exists in our state that is not specifically prohibited under current law. House Bill 1039 protects an individual's right to travel freely and use places of public accommodation without fearing or suffering arbitrary discrimination by providing a separate statutory scheme to prohibit such discrimination. I believe, however, that this bill requires further change to specifically include and protect a group of individuals whom we all recognize to be the subject of similar and
[November 7, 2001] 36 oftentimes more severe forms of discrimination. As I have said before, I favor equal and fair treatment for everyone, regardless of who they are as a person -- whether they be a motorcyclist, an ethnic minority, a gay or lesbian or even a gay or lesbian motorcyclist. I have never been in favor of special treatment for anybody, but I have always been in favor of fairness for everybody. The General Assembly is to be commended for recognizing its responsibility and obligation to protect our citizens from inequity, unfairness and arbitrary discrimination by passing this legislation. This bill is significant because it demonstrates that the 92nd General Assembly has found common ground and reached an overwhelming consensus on a mechanism for protecting certain classes of individuals from discrimination by law, without creating special rights or special privileges. It passed the House and Senate by overwhelming majorities. Some may recall that my previous proposal (House Bill 101) to extend human rights protections to our gay and lesbian citizens, family members, friends, colleagues and acquaintances by amending the Human Rights Act, was rejected by the Senate based primarily on the erroneous rhetoric and mistaken perception that it would provide "special rights or privileges" to this class of citizens, even though they have suffered historical and unconscionable discrimination. I still believe the General Assembly should pass House Bill 101 in its entirety, but I cannot constitutionally affect the additional protections and guarantees in that bill through an amendatory veto of this one. The legislative history of House Bill 1039 shows that the General Assembly clearly intended to establish a separate, stand-alone mechanism that provides criminal and civil protections against discrimination for classes of individuals outside what has previously been recognized under our Human Rights Act. In providing these protections, however, the General Assembly has omitted a sizable and valuable community of people who are not only refused equal access to areas of public accommodation but are often times harassed, beaten and sometimes even killed "solely" on the basis of their sexual orientation. I'm proud to say that in Illinois we have some of the nation's best hate crimes laws on the books. However, when it comes to providing equal access to places of public accommodation to all our citizens and ensuring each individual's right to live, work and enjoy life without fear of discrimination, I am ashamed to say that Illinois falls far short of providing for this basic level of civility that so many of us can, and often do, take for granted. This bill passed the House and Senate with little testimony. A representative of the motorcyclists' interests, testified in support of this bill and presented limited information concerning instances where motorcyclists were purportedly denied access to public accommodations. Without intending to minimize the impact of such discrimination, in good conscience we cannot at the same time simply ignore the documented evidence of discrimination and hate crimes committed against individuals because of their perceived sexual orientation. This month, the city of Chicago issued its most recent hate crime statistics which again sadly show that the overwhelming number of hate crimes are committed either because of the victim's race or sexual orientation. My amendments are also consistent with the General Assembly's actions in passing legislation that prohibits bullying in schools. Earlier this week, I signed this anti-bullying legislation, House Bill 646, into law. It is well known and established that bullying frequently involves forms of sexual harassment. I signed this important legislation knowing that because of discrimination and harassment in schools, our gay and lesbian youth are at least three times more likely to attempt suicide. This is simply an intolerable state of affairs and we must do more to protect them both in and outside our schools.
37 [November 7, 2001] There is another reason why I am compelled to urge amendment of this legislation. Communities throughout Illinois have already appropriately recognized that discrimination based on an individual's sexual orientation is wrong and entirely inconsistent with our fundamental concept of democracy and the protections that should be afforded to each and every citizen of this state and this nation. Indeed, our public and private universities have enacted provisions to prohibit discrimination based on sexual orientation. The County of Cook, the cities of Chicago, Champaign, DeKalb, Evanston, LaGrange, Oak Park, and Urbana, among others, have also long since passed ordinances and legislation to prohibit discrimination based on sexual orientation. In fact, three quarters of Illinoisans are already protected by such non-discrimination legislation. Because the state has previously failed to prohibit discrimination against individuals because of their sexual orientation, this has created an irrational situation where an individual can be protected from such discrimination where they reside, but must risk losing those protections when they travel to other locales in the state. The Motorcyclists Public Accommodation Act was clearly designed to ensure that individuals could freely travel throughout this state and avail themselves to public accommodations without fear of prejudice or discrimination. Accordingly, this legislation is an excellent vehicle to end this irrational and unequal application of laws by prohibiting places of public accommodations throughout Illinois from discriminating based on an individual's perceived sexual orientation. It is, and always has been, the duty of any democratic governmental body to equally protect and serve the citizens that fall under its jurisdiction. House Bill 1039 moves the State of Illinois one step closer to that goal by recognizing and prohibiting existing discriminatory practices. However, House Bill 1039, as is, fails to protect a large number of human beings who are in need of this form of protection. And a set of laws that does not offer equal protection against discrimination regardless of race, color, religion, national origin, ancestry, age, gender, marital status, handicap, mode of transportation, or sexual orientation does not serve anyone except those who wish to be discriminatory, prejudicial, hateful and intolerant. I believe my recommended amendments are essential to ensuring that the application of this legislation gives effect to, and is consistent with, the Illinois Constitution, including, among others, Sections 1, 2, 12, 18, 20, 23 and 24 of Article I. My changes will without question "improve the bill in material ways, yet not alter its essential purpose and intent." See People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980). As drafted, House Bill 1039 creates both a criminal penalty (petty offense) and a civil penalty (monetary damages, injunctive relief, court costs and attorney's fees) for discrimination at a place of public accommodation solely because a person is operating a motorcycle. In the case of discrimination based upon race, gender or other status under the Human Rights Act only civil and administrative relief is available. A criminal penalty would only apply if a Criminal Code offense is committed against the person because of their race, gender or other status set forth in the hate crime law. I do not see a need for the type of discrimination covered by this bill to carry both a criminal and a civil penalty. Such a dispute is a civil dispute with the owner or operator of the place of public accommodation, which can be fully resolved in civil court without the need to resort to criminal court. For these reasons, I return House Bill 1039 with the following recommendations for change:
[November 7, 2001] 38 on page 1, line 5, by deleting "Motorcyclist"; and on page 1, by inserting between lines 21 and 22 the following: "As used in this Act, "sexual orientation" means having or being perceived as having an emotional, physical, or sexual attraction to another person without regard to the sex of that person or having or being perceived as having an orientation for such attraction, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult. Section 7. Construction. Nothing in this Act shall be construed as requiring any owner, operator, manager or employee of a place of public accommodation to give preferential treatment or special rights based on mode of transportation or sexual orientation or to implement affirmative action policies or programs based on mode of transportation or sexual orientation."; and on page 1, line 26, by inserting before the period "or because of the sexual orientation of the individual"; and on page 2, line 2, by replacing "Penalty" with "Damages"; and on page 2, by replacing lines 3 through 6 with "(a) A person whose access"; and on page 2, line 17, by replacing "(c)" with "(b)"; and on page 2, line 19, by deleting "penalties or". With these changes, House Bill 1039 will have my approval. A local politician once said, "Four score and seven years ago, our forefathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal." That is what I believe also -- no more, no less. I choose to stand with the founder of my party and Illinois' greatest son, Abraham Lincoln, and I urge you to do likewise. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 17, 2001 To the Honorable Members of the Illinois House of Representatives 91st General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and
39 [November 7, 2001] conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klingler v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 1356 entitled "AN ACT concerning speech" with my specific recommendations for change. House Bill 1356 creates a new category of licensure called Speech-Language Pathology Assistant. In making this change that ultimately should both improve public safety and encourage more people to choose this career path, the bill would unintentionally cause some practical and financial hardships to schools that currently employ people in these positions. By making an immediate shift in the law there is the potential that many fine people could no longer assist students with their speech and communications needs. Rather than have these children go without assistance, or force some people not to continue with their chosen profession, I believe that there should be a separate category of individuals who perform this work. They should not be subject to the full licensure requirements if they are in a category approved by the State Board of Education. For these reasons, I hereby return House Bill 1356 with the following recommendations for change: on page 1, line 26, by deleting "Before January 1,"; and on page 1, by deleting lines 27 through 29; and on page 2, by deleting lines 1 through 5; and on page 2, line 6, by deleting "Act."; and on page 2, line 10, by inserting after the period the following: "This Section does not apply to speech-language pathology paraprofessionals approved by the State Board of Education."; and on page 30, line 12, by adding after the word "assistant" the following: "or a speech-language pathology paraprofessional"; and on page 31, in line 18, by deleting "Before"; and on page 31, by deleting lines 19 through 22; and On page 32, in line 22, by inserting "(a)" after the period; and On page 33, by inserting the following after line 2: "(b) Until January 1, 2004, a person holding a bachelor's level degree in communication disorders who was employed to assist a speech-language pathologist on the effective date of this amendatory Act of the 92nd General Assembly shall be eligible to receive a license as a speech-language pathology assistant from the Department upon completion of forms prescribed by the Department and the payment of the required fee." With these changes, House Bill 1356 will have my approval. I respectfully request your concurrence. Sincerely,
[November 7, 2001] 40 s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 3, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 1696, "AN ACT concerning natural resources," with my specific recommendations for change. House Bill 1696 provides that sworn law enforcement officers with arrest authority hired after July 1, 2001 must meet minimum professional standards which include holding a 4-year degree. While the requirement of a 4-year degree for entry level police applicants is not unusual and has become part of a national trend to improve the quality of law enforcement personnel hired by police agencies at every level of government, I believe that such a requirement dismisses potential candidates who have sound law enforcement experience and less than a 4-year degree. Although I understand the impetus behind a 4-year degree requirement, I believe that it will put the State at a disadvantage by unnecessarily eliminating otherwise qualified Conservation Police Officer candidates who lack only a 4-year degree. Therefore, I offer the following recommendation for change: On page 1, line 20, after hold, by inserting, " (i) a 2-year degree and 3 consecutive years of experience as a police officer with the same law enforcement agency or (ii)" With this change, House Bill 1696 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706
41 [November 7, 2001] GEORGE H. RYAN GOVERNOR July 27, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 2412 entitled "AN ACT in relation to alcoholic liquor," with my specific recommendation for change. House Bill 2412 provides an opportunity to enhance the tourism industry in the Champaign-Urbana area by allowing the University of Illinois to attract the Chicago Bears to its facilities while Soldier Field is under construction. House Bill 2412 also provides an important means for increased revenue for the Forest Preserve District of Cook County without increased taxes or fees. However, in order to preserve the intent of the legislation and traffic safety in the university community and surrounding highways, it is necessary to more specifically limit the time in which alcohol can be served and sold. This requirement will also bring alcohol policies in line with the industry standard at professional football venues while the Bears are playing at the University of Illinois. For this reason, I hereby return House Bill 2412 with the following recommendations for change: on page 3, line 15, by inserting after "Soldier Field," the following: "not more than one and a half hours before the start of the game and not after the end of the third quarter of the game,". With these changes, House Bill 2412 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 17, 2001
[November 7, 2001] 42 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 2528 "AN ACT to amend the Fish and Aquatic Life Code," with my specific recommendations for change. House Bill 2528 provides for the seizure and forfeiture of any fishing tackle, other apparatus, vehicle or watercraft used to take or attempt to take aquatic life from an aquatic life farm without the consent of the owner. However, the forfeiture language contained in the bill does not set forth the constitutionally required due process procedure, nor does it provide for the ability of an innocent owner or lien holder of the property to assert their interest against forfeiture. Under current law, the Fish and Aquatic Life Code does contain a provision for forfeiture which provides due process protections and allows for a jury trial to contest forfeiture. However, as written, House Bill 2528 eliminates the ability to use the existing forfeiture provisions in the underlying statue. The provisions of House Bill 2528 provide additional protection for individuals whose livelihoods are dependent on their aquaculture business by providing adequate penalties for persons who take or attempt to take these business owners' assets. However, the bill's lack of due process procedure in the forfeiture provisions must be addressed. Therefore, I offer the following specific recommendations for change: on page 2, line 15, by inserting after the period the following: "Except as otherwise provided in this subsection, the seizure and confiscation procedures set forth in Section 1-215 of this Code shall apply."; and on page 3, line 6, by inserting after the period the following: "Except as otherwise provided in this subsection, the seizure and confiscation procedures set forth in Section 1-215 of this Code shall apply.". With these changes, House Bill 2528 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR
43 [November 7, 2001] July 27, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klingler v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 3172, entitled "AN ACT in relation to criminal law," with my specific recommendations for change. House Bill 3172 allows a sexual assault nurse examiner to conduct an examination of a sexual assault victim using a State Police Evidence Collection Kit. A sexual assault nurse examiner is defined as a registered nurse who has completed a sexual assault nurse examiner training program which meets the guidelines of the International Association of Forensic Nurses. I fully support the purpose of House Bill 3172 which is to expand the number of personnel trained to collect potential evidence for a sexual assault criminal trial. The bill, however, explicitly states that a "sexual assault nurse examiner is competent to conduct examinations using sexual assault evidence collection kits." While this particular language may not cause any problem, the word "competent" does carry with it a certain evidentiary meaning. While I believe the possibility is remote, the provision listing only sexual assault nurse examiner as "competent" to collect sexual evidence could be argued by defense counsel to make only sexual assault nurse examiners competent from an evidentiary standpoint to collect this evidence and thereby exclude other personnel, such as doctors. It is my understanding that the intent of this provision was to clarify that a nurse examiner could conduct the examination without the necessity of a doctor being present or participating in the examination. I believe the provision should be made clear that this is the intent and thereby eliminate any other possible interpretation of the law. Finally, to make sure that this necessary provision becomes law on January 1, 2002, as originally intended by the General Assembly, I also suggest adding a January 1, 2002 effective date so that my amendatory veto does not delay implementation of the law. For these reasons, I return House Bill 3172 with the following recommendations for change: On page 2, by replacing lines 15 through 17 with the following: "collection kits. A sexual assault nurse examiner may conduct examinations using the sexual assault evidence collection kits, without the presence or participation of a physician. The Department of Public Health"; and On page 2, by inserting after line 27 the following: "Section 99. Effective date. This Act takes effect January 1, 2002."
[November 7, 2001] 44 With these specific recommendations for change, House Bill 3172 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR August 10, 2001 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 3307 entitled "AN ACT in relation to historic preservation," with my specific recommendations for change. House Bill 3307 enables the Historic Preservation Agency to have jurisdiction over the Abraham Lincoln Presidential Library and Museum, Apple River Fort, Martin-Boismenue House, Sugar Loaf Mound, and Union Station. However, it is important to note that each state property should be operated, managed, and preserved by the governing authority that will provide the most appropriate philosophy, capacity, and ability. Therefore, the Abraham Lincoln Presidential Library and Museum as well as the Union Station, which will be linked to the library and museum as a visitor center, should not be included on the list of properties to be governed by the Historic Preservation Agency. The Historic Preservation Agency is granted the statutory authority to have jurisdiction over designated State Historic Sites, State Memorials, and Miscellaneous Properties. It is important to note that the Abraham Lincoln Presidential Library and Museum will not serve the people of this state and nation as a historic site or memorial but rather as an institution of education and research dedicated to Abraham Lincoln, his times, and his ideas. Those who truly understand and support the mission of the Abraham Lincoln Presidential Library and Museum will agree that its scope is too broad and encompassing to be bound by the historic mission of this state agency. Moreover, the Historic Preservation Agency, although an important partner, does not maintain the financial or administrative resources necessary to fully meet the needs of the Abraham Lincoln Presidential Library and Museum complex. Although it was initiated through the Historic Preservation Agency, this project has developed through collaboration among a variety of agencies and institutions and will grow to assert an influence that is international in scope and perspective. There is no precedent in the history of Illinois for an
45 [November 7, 2001] initiative of this significance, and it is necessary for the State to utilize more time to evaluate the most beneficial and appropriate governing authority. For these reasons, I hereby return House Bill 3307 with the following recommendations for change: on page 1, by deleting lines 12 and 13; and on page 2, by deleting line 25. With these changes, House Bill 3307 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 471 Offered by Representatives Hoffman - Reitz - Steve Davis - Holbrook - Granberg and Curry: WHEREAS, In the light of the events on September 11, 2001 the price of gasoline at some locations has risen dramatically within hours of this national tragedy; and WHEREAS, There has been reports of gas prices operating at four and five dollars a gallon; and WHEREAS, It is questionable that this national tragedy has any immediate threat to the national oil supply; and WHEREAS, A few Illinois petroleum retailers have created an artificial gas crisis due to this national tragedy; and WHEREAS, Some gas retailers have exploited this national tragedy to take advantage of Illinois consumers; and WHEREAS, The General Assembly understands that many petroleum retailers did not engage in this price gouging and that the actions of those who did is unconscionable; and WHEREAS, While the nation and Illinois citizens mourned, certain petroleum retailers took advantage of the crisis by gouging consumers; and WHEREAS, The cost of gasoline has widespread ramifications upon the economic performance of the State of Illinois and this nation; and WHEREAS, The cost of gasoline affects numerous citizens throughout Illinois; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Attorney General to conduct an immediate investigation of petroleum retailers to determine if any Illinois laws were violated by price gouging or collusion in the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Illinois Attorney General. HOUSE RESOLUTION 476 Offered by Representative Novak: WHEREAS, On September 11, 2001, the United States of America was subjected to a heinous attack by terrorists who hijacked four flights departing the east coast of the United States headed for destinations in California; and WHEREAS, The hijackers crashed two of the airliners into the twin towers of the World Trade Center in New York City, one airliner into
[November 7, 2001] 46 the Pentagon in Washington, D.C., and the fourth airliner crashed outside of Pittsburgh; and WHEREAS, The vicious attacks resulted in the collapse of the two 110-story World Trade Center towers causing mass destruction to the entire New York financial district; and WHEREAS, At least 266 passengers, flight attendants, and pilots of the four hijacked planes perished in the attack and over 5,000 more individuals, including workers, bystanders, and rescuers lost their lives trapped in tons of rubble; and WHEREAS, Thousands of Americans have united in response to this tragedy by volunteering in the search and rescue effort, by donating blood, clothing, and other supplies to aid the victims, and by offering prayers and thoughts of hope and support; and WHEREAS, Terrorism is a heinous and cowardly act against all humanity and must be eliminated as a threat to our democratic state and to all reaches of the world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we condemn acts of terrorism in any capacity in any region of the world; and be it further RESOLVED, That we provide our full support to President Bush and Congress in whatever manner they pursue to identify and retaliate against those responsible for this tragic act of cowardliness; and be it further RESOLVED, That suitable copies of this resolution be delivered to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the Illinois congressional delegation. HOUSE RESOLUTION 495 Offered by Representative Hultgren: WHEREAS, The members of the Illinois House of Representatives are pleased to declare special days in the State of Illinois; and WHEREAS, "Make a Difference Day" will be celebrated October 27, 2001 in the City of Wheaton, Illinois; "Make a Difference Day" marks the single largest day of volunteering in the United States and will now mark that day in Wheaton as well; and WHEREAS, Volunteers will help senior citizens, children, the homeless and needy, and any other areas that need special attention; it will be a chance to clean up neighborhoods and schools, and to show how much the people of Wheaton care about others; and WHEREAS, The year 2001 will mark the eleventh anniversary of "Make a Difference Day" across the United States; 2.8 million dollars was raised in 1999 for charities, and 22 million people were affected by the efforts of those participating in "Make a Difference Day"; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we declare October 27, 2001, to be "Make a Difference Day" in the City of Wheaton and across the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Michelle J. Senator and the City of Wheaton's Community Relations Commission. HOUSE RESOLUTION 497 Offered by Representative Madigan: WHEREAS, The Illinois Department of Public Health spent $5 million in Tobacco Settlement Funds on a youth tobacco prevention pilot program in Winnebago County alone in fiscal year 2001; and WHEREAS, The Illinois Department of Public Health intends to limit spending of the increased appropriation of $11 million in Tobacco Settlement Funds to the central Illinois region for similar youth tobacco prevention pilot projects in fiscal year 2002; and WHEREAS, Two-thirds of the State's population resides in the
47 [November 7, 2001] northeastern region of Illinois; and WHEREAS, Little or none of the youth tobacco prevention program appropriation has been directed towards the northeastern region of Illinois; and WHEREAS, The Department of Public Health's proposal for youth tobacco prevention seriously lacks the depth and scope needed to effectively address the needs of all Illinois youth; and WHEREAS, The State of Illinois economy is struggling to grow; and WHEREAS, Actual revenues in the first quarter of fiscal year 2002 were $416 million less than estimated in July; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recommend to the Department of Public Health that Illinois would be better served during this time of budgetary crisis to set aside the $11 million appropriation to help compensate for short falls the state will inevitably experience in the near future; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Director of Public Health. HOUSE RESOLUTION 498 Offered by Representative Bill Mitchell - John Jones: WHEREAS, The entire nation, including Illinois, is experiencing an economic downturn; and WHEREAS, As a result, fiscal stimulus directly to consumers is necessary; and WHEREAS, In recognition of this need for fiscal stimulus, the United States Congress is debating the terms of a $100,000,000,000 national stimulus package; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois Senate and the Governor to join the Illinois House of Representatives in enacting legislation that would eliminate the State's share of use and occupation taxes on all goods and services for a 6-month period to re-stimulate consumer demand for these taxable goods and services; and be it further RESOLVED, That we urge the United States Congress to enact a stimulus plan that includes a provision to forward money to Illinois' General Revenue Fund sufficient to make up the revenue lost by this tax cut; and be it further RESOLVED, That suitable copies of this resolution be presented to each member of the Illinois congressional delegation. HOUSE RESOLUTION 503 Offered by Representatives Meyer - Mulligan - Eileen Lyons - Bill Mitchell - Berns, John Jones and Bost: WHEREAS, The entire nation, including Illinois, is experiencing a severe economic downturn; and WHEREAS, As a result, fiscal stimulus is necessary to recover from this downturn; and WHEREAS, The United States Congress is actively considering a fiscal stimulus package that would apply to consumer purchases of goods and services during the year 2001 Christmas shopping season; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Congress of the United States of America to pass and the President of the United States of America to sign needed fiscal stimulus legislation that will grant relief to all of the states and to local governments for the granting of a sales tax holiday on all clothing and durable goods purchased during the first week of the Christmas shopping season, from November 23, 2001 to December 2, 2001; and be it further RESOLVED, That suitable copies of this resolution be delivered to the President of the United States of America and to each member of the
[November 7, 2001] 48 Illinois congressional delegation. HOUSE JOINT RESOLUTION 51 Offered by Representative Acevedo - Meyer - Mendoza: WHEREAS, On September 11, 2001, the United States of America was attacked by terrorists who hijacked four flights departing the east coast of the United States headed for destinations in California; and WHEREAS, The hijackers crashed two of the airliners into the twin towers of the World Trade Center in New York City, one airliner into the Pentagon in Washington, D.C., and the fourth airliner crashed outside of Pittsburgh; and WHEREAS, The vicious attacks resulted in the collapse of the two 110-story World Trade Center towers causing mass destruction to the entire New York financial district; and WHEREAS, At least 266 passengers, flight attendants and pilots of the four hijacked planes perished in the attack and countless more individuals, including workers, bystanders, and rescuers lost their lives trapped in tons of rubble; and WHEREAS, Thousands of Americans have united in response to this tragedy by volunteering in the search and rescue effort, by donating blood, clothing and other supplies to aid the victims, and by offering prayers and thoughts of hope and support; and WHEREAS, Terrorism is a heinous and cowardly act against all humanity and must be eliminated as a threat to our democratic state and to all reaches of the world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we condemn acts of terrorism in any capacity in any region of the world; and be it further RESOLVED, That we applaud the selfless and heroic efforts with which so many Americans have aided the relief efforts in New York, Washington, D.C., and Pennsylvania; and be it further RESOLVED, That we provide our full support to President Bush and Congress in whatever manner they pursue to identify and retaliate against those responsible for this tragic act of cowardliness; and be it further RESOLVED, That we urge Congress to establish September 11, of each year hereafter, as a national day of mourning in remembrance of victims of terrorism in the United States and throughout the world; and be it further RESOLVED, That suitable copies of this resolution be delivered to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the Illinois congressional delegation. 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 3638. Filed by Representative Ryder, a bill for AN ACT in relation to vehicles. HOUSE BILL 3639. Filed by Representative Bill Mitchell, a bill for AN ACT concerning education. HOUSE BILL 3640. Filed by Representative Bill Mitchell, a bill for AN ACT concerning higher education. HOUSE BILL 3641. Filed by Representative Curry, a bill for AN ACT concerning education. HOUSE BILL 3642. Filed by Representative Franks, a bill for AN ACT concerning elections. HOUSE BILL 3643. Filed by Representatives Mulligan - Coulson - Krause, a bill for AN ACT concerning taxation.
49 [November 7, 2001] HOUSE BILL 3644. Filed by Representative Franks, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3645. Filed by Representative Holbrook, a bill for AN ACT in relation to vehicles. HOUSE BILL 3646. Filed by Representative Granberg AN ACT in relation to vehicles. HOUSE BILL 3647. Filed by Representative Curry, a bill for AN ACT concerning swimming facilities. HOUSE BILL 3648. Filed by Representatives Winkel - Meyer - Coulson - Hassert - Mulligan and Mathias, a bill for AN ACT to re-enact a portion of Public Act 90-456, relating to criminal law. HOUSE BILL 3649. Filed by Representatives Righter - Hassert - Mulligan - Mathias - Meyer, Coulson and Winkel, a bill for AN ACT to re-enact a portion of Public Act 90-456, relating to juveniles. HOUSE BILL 3650. Filed by Representative Bill Mitchell, a bill for AN ACT relating to higher education. HOUSE BILL 3651. Filed by Representative Hannig, a bill for AN ACT concerning taxes. HOUSE BILL 3652. Filed by Representative O'Brien, a bill for AN ACT in relation to vehicles. HOUSE BILL 3653. Filed by Representative Holbrook, a bill for AN ACT concerning public bodies. HOUSE BILL 3654. Filed by Representative Hoffman, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3655. Filed by Representatives Black - Poe, a bill for AN ACT concerning average daily attendance. HOUSE BILL 3656. Filed by Representative Franks, a bill for AN ACT concerning schools. HOUSE BILL 3657. Filed by Representative Hoffman, a bill for AN ACT in relation to vehicular offenses. HOUSE BILL 3658. Filed by Representative Franks, a bill for AN ACT concerning workplace injuries and diseases. HOUSE BILL 3659. Filed by Representative Bill Mitchell, a bill for AN ACT concerning taxation. HOUSE BILL 3660. Filed by Representative McKeon, a bill for AN ACT regarding appropriations. HOUSE BILL 3661. Filed by Representative Boland, a bill for AN ACT concerning the duties of the Secretary of State. HOUSE BILL 3662. Filed by Representative Holbrook, a bill for AN ACT concerning child care. HOUSE BILL 3663. Filed by Representative Holbrook, a bill for AN ACT concerning licensure of locksmith agencies. HOUSE BILL 3664. Filed by Representative Scully, a bill for AN ACT in relation to criminal law. HOUSE BILL 3665. Filed by Representative Boland, a bill for AN ACT in relation to taxation. HOUSE BILL 3666. Filed by Representative Novak, a bill for AN ACT concerning taxation. HOUSE BILL 3667. Introduced by Representative Meyer, a bill for AN ACT in relation to public employee benefits. HOUSE JOINT RESOLUTIONS CONSTITUTIONAL AMENDMENTS FIRST READING Representative Black introduced the following: HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 8 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be 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
[November 7, 2001] 50 Sections 1, 2, and 3 of Article IV and Section 1 of Article XIV of the Illinois Constitution as follows: ARTICLE IV THE LEGISLATURE (ILCON Art. IV, Sec. 1) SECTION 1. LEGISLATURE - POWER AND STRUCTURE The legislative power is vested in a General Assembly consisting of a Senate and a House of Representatives, elected by the electors from 59 Senatorial
51 [November 7, 2001] Representative District need not be entirely within a single Senatorial District. (b) By April 15 of the year following each Federal decennial census year, the State Board of Elections, by a record vote of a majority of the total number of members authorized by law as provided in Section 5 of Article III, shall designate a computer program for redistricting the Senate and House of Representatives that meets the requirements of this Section. The designation shall include detailed specifications of the computer program. Any computer program designated by the State Board of Elections under this Section shall embody the following standards and criteria, as defined by Common Law, in this order of priority: (1) contiguity; (2) substantial equality of population; (3) compactness; (4) minimization of the number of districts that cross county or municipal boundaries; and (5) a fair reflection of minority voting strength. Any computer program designated by the State Board of Elections under this Section shall not consider the following data: (1) residency of incumbent legislators; (2) political affiliations of registered voters; (3) previous election results; and (4) demographic information not required to be used by this Section or by the United States Constitution or federal law. Except as specified in this Section, the computer program shall produce districts in a random manner. The Senate, by resolution adopted by a record vote of three-fifths of the members elected, may by June 15 of that year designate a different computer program for redistricting the Senate. The House of Representatives, by a resolution adopted by a record vote of three-fifths of the members elected, may by June 15 of that year designate a different computer program for redistricting the House of Representatives. (c)
[November 7, 2001] 52
53 [November 7, 2001] SCHEDULE This Constitutional Amendment takes effect beginning with redistricting in 2011 and applies to the election of members of the General Assembly in 2012 and thereafter. The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 8 was taken up, read in full a first time, ordered printed and placed in the Committee on Rules. At the hour of 2:15 o'clock p.m., Representative Poe moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 41, the House stood adjourned until Tuesday, November 13, 2001, at 1:00 o'clock p.m.