STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
80TH LEGISLATIVE DAY
THURSDAY, JANUARY 10, 2002
10:00 O'CLOCK A.M.
NO. 80
[January 10, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 80th Legislative Day Action Page(s) Adjournment........................................ 46 Change of Sponsorship.............................. 10 Introduction and First Reading - HB3738-3769....... 10 Letter of Transmittal.............................. 4 Quorum Roll Call................................... 4 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 3495 Committee Report - Concur in SA.................... 5 HB 3495 Concur in Senate Amendment/s....................... 44 HB 3495 Motion Submitted................................... 5 HB 3495 Motion Submitted................................... 5 HB 3495 Senate Message - Passage w/ SA..................... 9 HJR 0055 Resolution......................................... 19 HR 0579 Adoption........................................... 44 HR 0581 Adoption........................................... 44 HR 0582 Adoption........................................... 44 HR 0583 Adoption........................................... 44 HR 0584 Adoption........................................... 44 HR 0585 Adoption........................................... 44 HR 0586 Adoption........................................... 44 HR 0587 Adoption........................................... 44 HR 0590 Adoption........................................... 44 HR 0591 Adoption........................................... 44 HR 0594 Adoption........................................... 44 HR 0595 Adoption........................................... 44 HR 0595 Agreed Resolution.................................. 11 HR 0596 Adoption........................................... 44 HR 0596 Agreed Resolution.................................. 11 HR 0597 Adoption........................................... 44 HR 0597 Agreed Resolution.................................. 12 HR 0598 Adoption........................................... 44 HR 0598 Agreed Resolution.................................. 13 HR 0599 Adoption........................................... 44 HR 0599 Agreed Resolution.................................. 13 HR 0600 Adoption........................................... 44 HR 0600 Agreed Resolution.................................. 14 HR 0601 Adoption........................................... 44 HR 0601 Agreed Resolution.................................. 14 HR 0602 Adoption........................................... 44 HR 0602 Agreed Resolution.................................. 15 HR 0603 Adoption........................................... 44 HR 0603 Adoption........................................... 44 HR 0603 Agreed Resolution.................................. 16 HR 0604 Adoption........................................... 44 HR 0604 Agreed Resolution.................................. 16 HR 0605 Adoption........................................... 43 HR 0605 Committee Report................................... 5 HR 0605 Resolution......................................... 17 HR 0606 Adoption........................................... 44 HR 0606 Committee Report................................... 5 HR 0606 Resolution......................................... 18 HR 0607 Resolution......................................... 18 HR 0608 Adoption........................................... 44 HR 0608 Agreed Resolution.................................. 17 SB 0119 Committee Report-Floor Amendment/s................. 9
3 [January 10, 2002] Bill Number Legislative Action Page(s) SB 0119 Second Reading - Amendment/s....................... 20 SB 0119 Third Reading...................................... 32 SB 1104 Committee Report-Floor Amendment/s................. 9 SB 1104 Second Reading - Amendment/s....................... 32 SB 1104 Third Reading...................................... 43 SJR 0046 Adoption........................................... 44 SJR 0046 Senate Message..................................... 7 SJR 0047 Senate Message..................................... 7 SJR 0047 Senate Message..................................... 44
[January 10, 2002] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Timothy Bowman of the Grace Bible Church in Elmhurst, Illinois. Representative Hassert led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Black, Bugielski and Mathias were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Hartke replaced Representative Art Turner, , and Representative Leitch filled the vacant seat in the Committee on Rules on January 9, 2002. Representative Lang replaced Representative Hannig in the Committee on Rules for today only. LETTERS OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 January 10, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Pursuant to House Rule 9(a), by this letter I am establishing that the House of Representatives will be in Perfunctory Session on Tuesday, January 15, 2002, Thursday, January 17, 2002, Tuesday, January 22, 2002, Thursday, January 24, 2002 and Monday, January 28, 2002. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House JACK D. FRANKS STATE REPRESENTATIVE - 63RD DISTRICT Anthony Rossi Clerk of the House 402 Capitol Springfield, IL 62706 Dear Clerk Rossi,
5 [January 10, 2002] I have a potential conflict of interest with subject material in Senate Bill 119. I am therefore voting present. I request that the record reflect my present vote due to my potential conflict of interest. Sincerely, s/Jack D. Franks State Representative 63rd District 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 Motion be reported "recommends be adopted" and placed on the House Calendar: Motion #1 to concur with Senate Amendments numbered 2 and 4 to HOUSE BILL 3495. That the resolution be reported "recommends be adopted" and be placed on the Calendar on the order of Resolutions: HOUSE RESOLUTION 605. The committee roll call vote on the Motion to Concur in Senate Amendments numbered 2 and 4 to HOUSE BILL 3495 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Tenhouse, Spkpn Y Hannig Y Turner, Art A Vacant (Leitch) The committee roll call vote on HOUSE RESOLUTION 605 is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Tenhouse, Spkpn A Hannig Y Turner, Art Y Vacant (Leitch) Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the Calendar on the order of resolutions: HOUSE RESOLUTION 606. The committee roll call vote on HOUSE RESOLUTION 606 is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Tenhouse, Spkpn Y Hannig Y Turner, Art Y Vacant (Leitch) JOINT ACTION MOTIONS SUBMITTED Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 2 and 4 to HOUSE BILL 3495. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #2 I move to concur with Senate Amendments numbered 2 and 4 to HOUSE BILL 3495.
[January 10, 2002] 6 MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 46 WHEREAS, The Members of the Illinois General Assembly are deeply saddened to learn of the death of Patricia A. Jones, beloved wife of Senate Minority Leader Emil Jones, Jr., on December 2, 2001; and WHEREAS, She was born in New Orleans, Louisiana, on August 9, 1938, the third of eleven children of Leon and Lucille Sterling; and WHEREAS, Mrs. Jones was educated in the Catholic school system in New Orleans, where she lived and became a teacher; and WHEREAS, As a young adult, Mrs. Jones moved with her family to Chicago, where she attended Loyola University and graduated from Chicago State University; and WHEREAS, She counted among the many accomplishments in her life the ability she had to make a difference in the lives of children as a teacher, a volunteer at a local day care center and as a curriculum coordinator for pre-school and Head Start programs for the Title 20 program for the Department of Human Services in Chicago; and WHEREAS, She loved reading, traveling with her family, cooking New Orleans-style Cajun dishes and volunteering for special programs at various organizations even when she was not a member of those groups; and WHEREAS, In addition to her employment at the City of Chicago Department of Human Services as a curriculum coordinator for the Title 20 program, she also taught in the pre-school program at the YMCA in Chicago; she was later employed by the Chicago Transit Authority and as an assistant general superintendent for the Department of Streets and Sanitation for the City of Chicago; and WHEREAS, Community service was an integral part of her life, Patricia Jones served as the school board president at Holy Name of Mary Catholic School in Morgan Park; she was active in her church, Holy Name of Mary Catholic Church in Morgan Park, where she was a former member of the Ladies Guild and an active member of the Pastoral Ministers of Care; and WHEREAS, She was also a member of the Alpha Kappa Alpha Sorority, an organization devoted to public service, and a board member of the Beverly Arts Center; and WHEREAS, Patricia "Pat" Sterling married Emil Jones, Jr., on December 14, 1974; and she was very devoted to their children, John Sterling, Emil III, Renee Jones Rose, Emil Alvarez Jones and Debra Jones, and grandchildren, Jonathan and Alexandria Sterling; and WHEREAS, She was as much a partner in her husband's public life as she was in his private life, so much in fact that he often referred to her "as the wind beneath my wings"; and WHEREAS, Pat shared in her husband's passion for public life, helping him build coalitions, advising him on key decisions, helping with problem solving and traveling with him to many places throughout the world, including China, Italy, and the recent trip to South Africa in which they met Nelson Mandela, and joining him in every aspect of his calling that ultimately became their calling; and WHEREAS, She will be deeply missed by all who knew and loved her, especially her husband, Senate Minority Leader Emil Jones, Jr.; their children, John Sterling, Emil III, Renee Jones Rose, Emil Alvarez Jones and Debra Jones; two grandchildren, Jonathan and Alexandria Sterling; four brothers, Leon Sterling, Sr., Charles Sterling, Sr., Michelle Sterling and Andre Sterling; and three sisters, Nona Honore, Lucille Williams and Maria Stevenson; therefore, be it
7 [January 10, 2002] RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that we mourn the passing of Patricia A. Jones with her Family and all those who knew and loved her; and be it further RESOLVED, That a suitable copy of this preamble and resolution be presented to the family of Patricia A. Jones with our most heartfelt sympathies. Adopted by the Senate, January 10, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 47 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, January 10, 2002, the Senate stands adjourned until Wednesday, January 23, 2002, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, January 29, 2002, at 12:00 o'clock noon; and the House of Representatives stands adjourned until Tuesday, January 29, 2002, at 1:00 o'clock p.m. Adopted by the Senate, January 10, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3495 A bill for AN ACT in relation to State government. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 3495. Senate Amendment No. 4 to HOUSE BILL NO. 3495. Passed the Senate, as amended, January 10, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 3495 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Public Aid Code is amended by changing Sections 5-4.1, 5-5.4, and 5-5b as follows: (305 ILCS 5/5-4.1) (from Ch. 23, par. 5-4.1) Sec. 5-4.1. Co-payments. The Department may by rule provide that recipients under any Article of this Code (other than group care
[January 10, 2002] 8 recipients) shall pay a fee as a co-payment for services to the extent permitted by the Secretary of the United States Department of Health and Human Services.
9 [January 10, 2002] Revenue Fund shall be distributed equally among the remaining payments for the fiscal year. (d) In this Section, "executive State agency that is directly responsible to the Governor" means any office, officer, division, or part thereof, and any other office, nonelective officer, department, division, bureau, board, or commission in the executive branch of State government, except that it does not apply to any agency whose primary function is service to the General Assembly or the Judicial Branch of State government, or to any agency administered by the Attorney General, Secretary of State, State Comptroller, or State Treasurer. (e) This Section applies only to appropriations for State fiscal year 2002. Section 95. The Illinois Public Aid Code is amended by changing Section 5-5b as follows: (305 ILCS 5/5-5b) (from Ch. 23, par. 5-5b) Sec. 5-5b. Payment Reductions. (a) Notwithstanding any other Section in this Code establishing a methodology for determining payment rates or dispensing fees for non-institutional services provided under this Code, the Illinois Department is authorized to reduce those payment rates or dispensing fees with due regard for and subject to budgetary limitations to the extent permitted by federal law. (a-5) Notwithstanding any other Section in this Code establishing a methodology for determining payment rates for services specified in subsection (1) of Section 5-5.4 and subsection (a) of Section 14-8 of this Code, the Illinois Department may, by emergency rule filed before April 1, 2002, adjust those payment rates to a level not more than 5% below the rates in effect on July 1, 2001, with due regard for and subject to budgeting limitations to the extent permitted by federal law. (b) The Illinois Department may implement this Section
[January 10, 2002] 10 Y Hultgren Y Schoenberg Y Zickus CHANGE OF SPONSORSHIP Representative Moore asked and obtained unanimous consent to be removed as chief sponsor and Representative Simpson asked and obtained unanimous consent to be shown as chief sponsor of HOUSE RESOLUTION 583. 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 3738. Introduced by Representative Hartke, a bill for AN ACT in relation to taxation. HOUSE BILL 3739. Introduced by Representative Hartke, a bill for AN ACT concerning agriculture. HOUSE BILL 3740. Introduced by Representative Hartke, a bill for AN ACT concerning business transactions. HOUSE BILL 3741. Introduced by Representative Hartke, a bill for AN ACT in relation to taxation. HOUSE BILL 3742. Introduced by Representative Hartke, a bill for AN ACT in relation to mines and minerals. HOUSE BILL 3743. Introduced by Representative Flowers, a bill for AN ACT in relation to criminal law. HOUSE BILL 3744. Introduced by Representative Flowers, a bill for AN ACT concerning schools. HOUSE BILL 3745. Introduced by Representative Flowers, a bill for AN ACT regarding the regulation of professions. HOUSE BILL 3746. Introduced by Representative Hartke, a bill for AN ACT in relation to taxation. HOUSE BILL 3747. Introduced by Representative Reitz, a bill for AN ACT in relation to agricultural co-operatives. HOUSE BILL 3748. Introduced by Representative Saviano, a bill for AN ACT concerning the regulation of professions. HOUSE BILL 3749. Introduced by Representative Holbrook, a bill for AN ACT concerning firefighting. HOUSE BILL 3750. Introduced by Representative Holbrook, a bill for AN ACT concerning firefighting. HOUSE BILL 3751. Introduced by Representative Osterman, a bill for AN ACT concerning taxation. HOUSE BILL 3752. Introduced by Representative Osterman, a bill for AN ACT concerning taxes. HOUSE BILL 3753. Introduced by Representative Osterman, a bill for AN ACT in relation to taxes. HOUSE BILL 3754. Introduced by Representative Parke, a bill for AN ACT concerning insurance. HOUSE BILL 3755. Introduced by Representative Watson, a bill for AN ACT concerning motor fuel. HOUSE BILL 3756. Introduced by Representatives Smith - Crotty - Ryan - Boland - Murphy, a bill for AN ACT concerning schools. HOUSE BILL 3757. Introduced by Representative Smith, a bill for AN ACT concerning agriculture. HOUSE BILL 3758. Introduced by Representative Smith, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3759. Introduced by Representative Osterman, a bill for AN ACT concerning higher education student assistance. HOUSE BILL 3760. Introduced by Representative Osterman, a bill for AN ACT making appropriations. HOUSE BILL 3761. Introduced by Representatives Feigenholtz - Eileen Lyons, a bill for AN ACT in relation to taxes. HOUSE BILL 3762. Introduced by Representative Granberg, a bill for
11 [January 10, 2002] AN ACT in relation to public employee benefits. HOUSE BILL 3763. Introduced by Representative Granberg, a bill for AN ACT concerning bonds. HOUSE BILL 3764. Introduced by Representative Saviano, a bill for AN ACT creating the Fire Sprinkler Contractor Licensing Act. HOUSE BILL 3765. Introduced by Representative Granberg, a bill for AN ACT in relation to unemployment insurance. HOUSE BILL 3766. Introduced by Representative Granberg, a bill for AN ACT in relation to human rights. HOUSE BILL 3767. Introduced by Representative Granberg, a bill for AN ACT in relation to health in the workplace. HOUSE BILL 3768. Introduced by Representative Curry, a bill for AN ACT concerning the environment. HOUSE BILL 3769. Introduced by Representatives Hultgren - Schmitz, a bill for AN ACT concerning municipalities. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 595 Offered by Representative Forby: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, The Kiwanis Club of Benton, Illinois, was chartered on January 11, 1951 with thirty members and was led by A.O. Wilson; and WHEREAS, On March 19, 1951, the West Frankfort Kiwanis Club sponsored the charter night of the Benton Club; the meeting was held at the First Christian Church at 302 South Main Street in Benton; and WHEREAS, The Benton Kiwanis Club was formed to give individuals an opportunity to meet their peers and expand their circle of acquaintances, take part in the community in which they live, and share their experience, knowledge and time in service to the community and their fellow citizens; and WHEREAS, Some of the projects the Benton Kiwanis Club supports include Middle School Project Graduation, High School Project Graduation, Spastic Paralysis, Rend Lake Clean-Up, Habitat for Humanity, Dave Webster Kiwanis Fun Day for the handicapped, Franklin Hospital Pastoral Care, and the distribution of Christmas food baskets; in addition, the Benton Kiwanis Club also supports the Even Start Reading Program, the Teacher Appreciation Dinner, the Benton Ministerial Alliance, the Benton Middle School Student of the Month award, the Benton Civic Center Dining Hall restoration, the Benton/West City Area Chamber of Commerce, and numerous other community events; and WHEREAS, The Benton Kiwanis Club is one of the most active clubs in the Benton community; currently the club has 35 active members under the leadership of Linda J. Roberts; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Benton Kiwanis Club on 50 years of dedicated service and commitment to the residents of Benton, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Linda J. Roberts, president of the Benton Kiwanis Club, as an expression of our esteem. HOUSE RESOLUTION 596 Offered by Representative Madigan: WHEREAS, After graduating from Loras College in Dubuque, Iowa, David M. Peterson of Skokie, Illinois began his teaching career at LeMoyne Upper Grade Center in the Chicago Public School system in 1965; and
[January 10, 2002] 12 WHEREAS, David Peterson joined the staff of the Chicago Teachers Union in 1972 as a field representative and went on to become its lobbyist and the Assistant to the President for Legislation and Technical Projects in 1975, a position he held for 26 years; and WHEREAS, David Peterson married Pamelyn Massarsky in 1986 and is the father of Kristen, Andrew, Gretchen, and Eric Peterson, and the grandfather of Taylor and David Peterson; and WHEREAS, David Peterson has held a multitude of elected and appointed positions in the Chicago Teachers Union and the Illinois Federation of Teachers, including area vice- president, executive board member, IFT vice-president and convention delegate at numerous conventions of the Illinois Federation of Teachers and the American Federation of Teachers; and WHEREAS, David Peterson has served as the Chicago Teachers Union's chief lobbyist since 1975 and played a major role in improving public education and the professional livelihood of Chicago Teachers Union members during those years, including the passage of collective bargaining rights for teachers and paraprofessionals, numerous pension improvements, and several major funding initiatives including the creation of the School Finance Authority which dealt with the severe funding crisis of Chicago Public Schools in 1979; and WHEREAS, There are few people known for their personal and professional generosity more than David M. Peterson, as witnessed by many legislators, lobbyists and Springfield restaurateurs over the course of his career; and WHEREAS, David Peterson retired from the Chicago Teachers Union on June 30, 2001, after a total of 29 years of service; and WHEREAS, The many friends and colleagues of David Peterson will miss his friendship, support, and regular presence in the Capital City greatly; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate David M. Peterson for his many years of service with the Chicago Teachers Union, appreciate the dedication to public education and his members that exemplified his career, and wish him the long and happy retirement that he richly deserves; and be it further RESOLVED, That a suitable copy of this resolution be presented to David M. Peterson. HOUSE RESOLUTION 597 Offered by Representative Granberg: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, On January 12, 2002, Alban "Al" LeGrand will receive the Commander's Award presented by the Carlyle Lake Chamber of Commerce in recognition of his more than 35 years of public service; and WHEREAS, Alban L. LeGrand began his career with the United States Army Corps of Engineers in 1957 on the Mississippi River as a channel maintenance member, and transferred to Carlyle Lake in 1965 during its construction; and WHEREAS, Mr. LeGrand managed Carlyle Lake in its turbulent early years of operation with public scrutiny and controversy between recreational and flood control interests; he spent countless hours resolving concerns and helped formulate management policies to appease the diverse interests; and WHEREAS, Under the leadership of Alban LeGrand, Carlyle Lake became one of the nation's premier providers of recreation, fish and wildlife habitat, and flood control; as manager from 1967 until his retirement in March 1993, almost 80 million people visited Carlyle Lake, and the Dam West Recreational Area became one of the most heavily used recreation areas in the country; and WHEREAS, Carlyle Lake was the first of four lakes built in the St. Louis District for flood control and recreational purposes; today, it remains the largest manmade lake in the State of Illinois; under Mr.
13 [January 10, 2002] LeGrand's leadership, Carlyle Lake became the proving ground for many operational procedures and management policies; it also evolved into a training ground for numerous Corps personnel; and WHEREAS, The success enjoyed today at Carlyle Lake and the other lakes is largely due to the leadership of Alban LeGrand; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Alban LeGrand on receiving the Commander's Award presented by the Carlyle Lake Chamber of Commerce in recognition of his more than 35 years of public service; and be it further RESOLVED, That a suitable copy of this resolution be presented to Alban LeGrand as an expression of our esteem. HOUSE RESOLUTION 598 Offered by Representatives Madigan - Currie: WHEREAS, This Illinois House of Representatives has learned of a retirement in recent weeks of such magnitude that both the mighty Chicago Tribune and the highly respected members of the Chicago City Council took official note; and WHEREAS, After venturing from Massachusetts to bring his baseball talents to the University of Illinois, Bob Crawford forsook a promising career that might have meant some success for the Chicago White Sox or the Chicago Cubs; and WHEREAS, With only a quick stop in Peoria, Bob Crawford went on to spend more than three decades covering what many believe is a major league sport of its own, Illinois politics; and WHEREAS, While Bob Crawford is not known to have often ventured to the Illinois seat of government or willingly acknowledged that real government news occurred in venues other than the fifth floor of 121 South LaSalle Street; his work was heard by many through the auspices of a 50,000 watt, clear channel, network owned and operated radio station; and WHEREAS, Bob Crawford did delight and astound many State officials with his reportorial talents and his ability to ask show stopping questions during quadrennial encounters at national conventions; and WHEREAS, During Bob Crawford's tenure, journalism and public affairs reporting in Chicago and Illinois achieved a new standard of excellence, and the people of Chicago and Illinois were the better for it; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Bob Crawford of WBBM-AM on the occasion of his retirement as the Chicago City Hall reporter and extend to him our best wishes for good health and much happiness in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Bob Crawford as an expression of our esteem. HOUSE RESOLUTION 599 Offered by Representative Bill Mitchell: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone dates in the lives of the people of the State of Illinois; and WHEREAS, It has come to our attention that Beverly Wood of Shelbyville is retiring from her duties as Project Manager for the Shelby County Senior Center on December 31, 2001; and WHEREAS, Beverly Wood, the daughter of Harvey and Mary Jane Matheny, was raised in Shelbyville and is a graduate of Shelbyville High School; she lived in Florida and Arizona for several years; and WHEREAS, Beverly Wood has served as the Project Manager for the Shelby County Senior Center since 1996; she was very instrumental in helping to design and move into the new Shelby County Senior Center; she previously worked as a bookkeeper for Lincolnland, Firestone, and Montgomery Ward; and
[January 10, 2002] 14 WHEREAS, Mrs. Wood has a loving and very proud family, including her children, Robert Florey, Rodney Florey, and Barbara Owens; her grandchildren, Angie Holland, Matt Florey, Michael Florey, Christie Florey, Elizabeth Florey, Jennifer Fry, Margaret Owens, and Amanda Owens; her great-grandchildren, Dylan Wiley and Morgan Holland; and her sisters, Joyce Matheny and Harlene Emmons; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Beverly Wood on her retirement from her duties as Project Manager for the Shelby County Senior Center and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Beverly Wood as an expression of our esteem. HOUSE RESOLUTION 600 Offered by Representative Currie: WHEREAS, Susan Kmetty Catania has served with great distinction as the AARP Illinois State President, and has just concluded a two-year term, and WHEREAS, Susan Catania led vigorous State legislative advocacy for seniors to prevent predatory practices in mortgage lending and payday loans and to expand prescription drug benefits, and WHEREAS, Susan Catania promoted AARP's national agenda on Social Security, Medicare, public benefits and community outreach by presiding at AARP's State fair booths in both Springfield and DuQuoin, hosting the national bus tour across Illinois in the summer of 2000, which stopped in Mt. Vernon, and helping to coordinate community efforts in East St. Louis and Chicago, and WHEREAS, She traveled the State tirelessly to listen to the concerns of all seniors; build AARP partnerships with business, government and community groups, and work with legislative leaders and other officials, and WHEREAS, Susan Catania sought to enhance ethnic and racial diversity in AARP and strengthen, coordinate and showcase senior services and programs in communities such as Chicago's Southeast side, Joliet, Naperville, Peoria, Moline, Bloomington, and DuQuoin, and WHEREAS, Susan Catania's cultural outreach, partnering with the Chicago Humanities Festival and the Museum of Broadcast Communication, and her media presence, discussing phased retirement for older workers with nationally syndicated columnist Carol Kleiman, focused the public's attention on understanding senior needs and lifestyles, and WHEREAS, She advanced AARP's international outreach effort by participating in the World Health Organization's summit on elder abuse, held in October, 2001, in Geneva, Switzerland, and establishing a WHO connection for AARP, and WHEREAS, Susan Catania's leadership of AARP was a continuation of her strong dedication and unflinching courage shown during her ten-year service (1973-1983) as a legislator from Chicago's south side and the Chair of the Illinois Commission on the Status of Women, and WHEREAS, Susan Catania's leadership of AARP and her concern for, interest in, and unwavering advocacy on behalf of seniors wherever they live in her persistent quest to improve the quality their lives, not to mention her legendary wit and humor, are well known, therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we thank Susan Kmetty Catania for her inspired, dedicated, and dynamic advocacy, congratulate her on her many accomplishments on behalf of all Illinois citizens, and wish her well in all future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Susan Kmetty Catania as an expression of our esteem. HOUSE RESOLUTION 601 Offered by Representatives May - Schoenberg - Garrett: WHEREAS, Sarah Zisook Rosen was born on September 28, 2001,
15 [January 10, 2002] bringing joy and happiness to parents Amy Zisook and David Rosen of Highland Park, Illinois; and WHEREAS, Sarah Zisook Rosen will be officially given her Hebrew name, Sarah, in her Brit Bat on January 13, 2002 with Rabbi Vernon Kurtz and Rabbi Michael Sternfield officiating at North Suburban Synagogue Beth El in Highland Park; and WHEREAS, Sarah Zisook Rosen is named after Shirley Rosen, the dearly departed mother of David Rosen; and WHEREAS, Sarah Zisook Rosen is the beloved granddaughter of Lois and Edmond Zisook of Highland Park; and WHEREAS, Sarah Zisook Rosen's mother Amy Zisook served with great distinction and selflessly as a special assistant to United States President William Jefferson Clinton and worked in national presidential campaigns and the campaign of United States Senator Paul Simon of Illinois; and WHEREAS, Sarah Zisook Rosen's father David has worked diligently in public service, most notably for the Jewish United Fund in Chicago; and WHEREAS, Sarah Zisook Rosen is already showing political aptitude and involvement, having attended her first political fundraiser in November of 2001, marking the first anniversary of the election of State Representative Karen May to serve the 60th Illinois House District; and WHEREAS, Sarah Zisook Rosen shows politically correct savvy and good fashion taste in choosing a "Little Democrat" bib adorned with a Karen May, State Representative sticker at the aforementioned political debut; and WHEREAS, Sarah Zisook Rosen joins older twin brothers Robert and Jordan Rosen in the Zisook-Rosen family; and WHEREAS, Sarah Zisook Rosen follows a proud tradition as a Chicago Bears fan by watching the football games in her Bears bib bequeathed to her by her cousin Jay and already answers to the nickname Sarah Bear-ah; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we wish Sarah Zisook Rosen, her parents, her grandparents, and her entire family good wishes on her Brit Bat naming ceremony and we extend our sincerest wishes to Sarah for a long, joyous, and productive life; and be it further RESOLVED, That a suitable copy of this resolution be presented to Sarah Zisook Rosen as an expression of our esteem. HOUSE RESOLUTION 602 Offered by Representative Younge: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Mother Ada Turner, who passed away on November 29, 2001; and WHEREAS, Mother Ada Turner was born in 1921 in Hennings, Tennessee; she was the mother of fourteen children and became the spiritual mother to many prison inmates at the Menard Correctional Center; and WHEREAS, Mother Ada Turner began a Volunteer Prison Ministry with the Illinois Department of Corrections at the Menard Correctional Center on September 1, 1963, and served for 38 years, which was reported to be the longest volunteer service record in the department; and WHEREAS, Mother Ada Turner made regular visits to the Menard Correctional Center to lead worship service and minister to her "sons" by scripture, song, testimony, prayer, preaching, pen pal correspondence, and by the love of Jesus each man saw in her face; the individuals she ministered to returned to society changed, many of them finding jobs, providing for their family, and becoming preachers and Christian workers; and WHEREAS, In 1993, Illinois Governor Jim Edgar cited Mother Ada Turner for her 30 years of volunteer service; she was recognized for her prison ministry by Illinois Department of Corrections Directors, Wardens, and Chaplains, as well as Church of God in Christ Bishops and the Church's National Womens Auxiliary; in addition, her prison
[January 10, 2002] 16 ministry was featured in a television documentary in St. Louis; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Mother Ada Turner; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Mother Ada Turner with our sincere condolences. HOUSE RESOLUTION 603 Offered by Representative Pankau: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone dates in the history of organizations in the State of Illinois; and WHEREAS, It has come to our attention that the Bartlett Chamber of Commerce is celebrating its 25th anniversary in the year 2002; and WHEREAS, Plans for a business association were begun in 1976 by a group of interested, active business people from the Bartlett area; their plans became a reality when the Bartlett Chamber of Commerce was formed in 1977; and WHEREAS, By 1978, the Bartlett Chamber of Commerce membership roster included 45 local businesses, of which 14 remain members; the Bartlett Chamber has swelled its membership ranks to 320 businesses with companies from a one person base to major corporations in the area that have hundreds of employees; and WHEREAS, Originally, the Bartlett Chamber of Commerce formed with concerns for business activities and community affairs and began with objectives such as sustainable economic growth, economic health of the community, jobs, communication with the community, community image, preserving free enterprise, legislative activity and political action, resources for businesses, bridging consumerism and the business community, community leadership, serving as a catalyst of life in the community, and development of community leadership; and WHEREAS, As it moves into the next generation of economic activities, the Bartlett Chamber of Commerce continues to serve its businesses through many of these same objectives, increasing and enhancing benefits and services to its members while working for the overall health of the community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Bartlett Chamber of Commerce on the celebration of its 25th anniversary of service to the Bartlett area and wish it continued growth and success; and be it further RESOLVED, That a suitable copy of this resolution be presented to David Kirkby, the President of the Bartlett Chamber of Commerce. HOUSE RESOLUTION 604 Offered by Representative Novak: WHEREAS, The members of the Illinois House of Representatives wish to recognize notable achievements in the lives of the citizens of the State of Illinois; and WHEREAS, St. Anne Record editor and publisher Bill Goreham exemplifies the quintessential country newspaper editor of the golden age; and WHEREAS, In an era when weekly newspapers were a community's sole source of local news, other than small town gossip, it was the St. Anne Record that would be the first to herald the birth of a new family member or the death of an elderly one; and WHEREAS, Bill Goreham and his brother, Donald, bought the newspaper back in 1951; Mr. Goreham has been at the helm of the Record since Harry Truman occupied the White House and Elvis was playing honky tonks on the outskirts of Memphis; Mr. Goreham has single-handedly edited the newspaper since his brother left the business in 1968; Mr. Goreham's wife, Gladys, also helps out three days a week in the editorial offices on Illinois Route 1; and
17 [January 10, 2002] WHEREAS, Mr. Goreham has witnessed many advancements in the newspaper publication industry and the transformation of local journalism; today his business is about 90 percent job printing and 10 percent newspaper publication; and WHEREAS, In all of his five decades of service to the Record, Mr. Goreham missed only one week of work while recovering from cancer surgery; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Bill Goreham on his dedication and service to the St. Anne Record for the past 50 years and we wish him continued success in his venture; and be it further RESOLVED, That a suitable copy of this resolution be presented to Bill Goreham as an expression of our esteem. HOUSE RESOLUTION 608 Offered by Representative McGuire: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone dates in the history of cities in the State of Illinois; and WHEREAS, It has come to our attention that the City of Joliet, Illinois is celebrating its 150 anniversary of incorporation; and WHEREAS, Originally incorporated as Juliet, Illinois, in 1837, the city was reincorporated in 1852 as Joliet in recognition of the explorer, Louis Joliet (1645-1700); the City Charter was approved on July 5, 1852 and Cornelius C. Van Horn was appointed as Joliet's first mayor; and WHEREAS, The City of Joliet is known as the City of Stone, the City of Steel, and the City of Champions; and WHEREAS, Since the late 1980s, Joliet has experienced a true renaissance; reborn with a diversified economy and a progressive, pro-development posture, Joliet has become a center for cultural, entertainment, and recreational activity; and WHEREAS, Joliet is the Motor Sports Capital of the Midwest with a State-of-the-Art National Hot Rod Association Sanctioned Drag Racing Stadium and a new 72,000 seat NASCAR/Indy Car Speedway; and WHEREAS, Since 1985, Joliet has increased in area by sixty-two percent, growing from 25.34 square miles to 40.71 square miles; in addition, 13,000 new residential units have been built in Joliet since 1990 making it the fastest growing community in Northeastern Illinois; and WHEREAS, 2002 promises to be a landmark year for Joliet; in May, Silver Cross Field will open its first season of professional baseball in the City Center; Joliet, in cooperation with the Joliet Park District, will open Splash Station, providing water park fun and thrills for all ages; in September, a new library will open on the City's west side and Joliet's rich history will be on display in the Joliet Area Historical Museum; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the residents of the City of Joliet on the celebration of the City's 150th anniversary of incorporation, and we wish them continued success in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to the City of Joliet as an expression of our esteem. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 605 Offered by Representative May:
[January 10, 2002] 18 WHEREAS, A new overlay area code was recently introduced in the 847 region, even though less than 50% of the phone numbers in the 847 region are actually being used; and WHEREAS, The Federal Communications Commission (FCC) currently requires 11-digit dialing when an overlay area code is implemented; and WHEREAS, The FCC's 11-digit dialing mandate is a needless inconvenience for residential and business consumers; and WHEREAS, Residents in the 847 region could once again dial 7 digits for all local calls if the FCC were to change its policy on mandatory 11-digit dialing in an overlay situation; and WHEREAS, The FCC's mandatory 11-digit dialing policy could soon affect all the residents of Illinois, as the phone industry claims that every area code in the State will be out of phone numbers by 2007; and WHEREAS, On December 28, 2001, the FCC reversed its long-standing opposition to wireless-only overlays, signaling that the agency is potentially reconsidering its area code policies; and WHEREAS, The Citizens Utility Board (CUB) has filed a petition with the FCC asking the agency to permanently waive the 11-digit dialing mandate in the 847 region; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF ILLINOIS, that we urge the Federal Communications Commission to grant a permanent waiver of the 11-digit dialing mandate in the 847 region and to change its policy on overlay area codes; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Chairman of the FCC, the Chairman of the Illinois Commerce Commission, and each member of the Illinois congressional delegation. HOUSE RESOLUTION 606 Offered by Representative Monique Davis: WHEREAS, The United States Department of Justice has abandoned plans to offer federal grants to pay for DNA testing of some inmates so that prosecutors could verify those inmates' convictions; and WHEREAS, A primary function of the United States Department of Justice is to ensure the fair and impartial administration of justice for all Americans; and WHEREAS, A person who has been convicted of a crime that he or she did not commit has not received the fair administration of justice; in a society built around the ideal of justice for all citizens, innocent people should not suffer captivity or execution; and WHEREAS, Over the past decade, deoxyribonucleic acid (DNA) testing has emerged as one of the most reliable forensic techniques for identifying criminals when biological material is left at the crime scene; and WHEREAS, Because of its scientific precision, DNA testing can, in many cases, conclusively establish the guilt or innocence of a criminal defendant; and WHEREAS, According to DNA testing advocates, since the late 1980s, DNA testing has cast doubt on 99 convictions, including at least 11 that carried the death penalty; and WHEREAS, If evidence is not subjected to DNA testing in appropriate cases, there is a significant risk that persuasive evidence of innocence will go undetected and, consequently, innocent persons will be incarcerated or even executed; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the United States Department of Justice to offer federal grants for DNA testing for incarcerated individuals; and be it further RESOLVED, That suitable copies of this resolution be presented to the President of the United States, George W. Bush, the United States Attorney General, John Ashcroft, and to each member of the Illinois congressional delegation. HOUSE RESOLUTION 607 Offered by Representative Granberg:
19 [January 10, 2002] WHEREAS, Access to an adequate supply of electric energy is of vital importance to the citizens of this State; and WHEREAS, Recent events in California demonstrate the need for adequate electricity transmission capacity in this State; and WHEREAS, The newly deregulated environment for production of electricity, created by the restructuring of the electric utility industry, is resulting in additional demand for transmission capacity; and WHEREAS, Adequate electricity transmission capacity is essential to the health, safety, and economic well-being of the citizens of this State; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois Commerce Commission, the Department of Commerce and Community Affairs, the Department of Transportation, and a representative of the Illinois Energy Association jointly conduct a study of electricity transmission capacity in this State; and be it further RESOLVED, That the study include an analysis of the existing electricity transmission capacity in this State, including recommendations for changes in State or federal regulations or statutes and initiatives that can be taken by the Illinois Commerce Commission, the State of Illinois, and the federal government which may be necessary to develop remedies to any reliability or economic performance inadequacies in the existing electricity transmission system; an examination of the areas of the State of Illinois where additional electricity demand is reasonably likely to occur, including recommendations about electricity transmission system development required to accommodate such reasonably anticipated additional electricity demand growth, and Illinois Commerce Commission, State of Illinois, and federal government initiatives which might be undertaken to facilitate transmission system enhancement or expansion for those purposes; and an analysis of the feasibility of promoting the development of Illinois coal resources as a source of additional generation capacity for the State by developing additional transmission capacity within the State of Illinois to move electricity from the southern portions of the State to areas of significant demand for that power, including an estimate of the cost of developing a South-North transmission corridor for those purposes; and be it further RESOLVED, That the Illinois Commerce Commission, the Department of Commerce and Community Affairs, the Department of Transportation, and Illinois Energy Association report their findings to the General Assembly by December 31, 2002, and be it further RESOLVED, That a copy of this resolution be delivered to the Chairman of the Illinois Commerce Commission, the Director of the Department of Commerce and Community Affairs, and the Secretary of Transportation and the Executive Director of the Illinois Energy Association. HOUSE JOINT RESOLUTION 55 Offered by Representative Feigenholtz: WHEREAS, The American Red Cross plays a crucial leadership role in the International Federation of Red Cross and Red Crescent Societies, whose mission and role is to provide humanitarian assistance without discrimination as to nationality, race, religious beliefs, class, or political opinions; and WHEREAS, For the past 52 years, the International Federation of Red Cross and Red Crescent Societies has refused to grant Israel's Red Cross counterpart, Magen David Adom, full membership status in the International Federation, relegating it instead to non-voting observer status; and WHEREAS, Magen David Adom is the only disaster relief organization of a sovereign nation to be discriminated against in this manner; and WHEREAS, There is no justification warranting Israel's exclusion from the International Federation; and WHEREAS, The International Federation's refusal to grant full
[January 10, 2002] 20 member status to Magen David Adom is an affront both to universal humanitarian values and to the American values of openness, fairness, tolerance, and multicultural inclusion; 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 urge the American Red Cross to remain firm in its resolve to secure admission of Israel's Magen David Adom as a full member of the International Federation of Red Cross and Red Crescent Societies; and be it further RESOLVED, That suitable copies of this resolution be delivered to each member of the American Red Cross Board of Governors. SENATE BILLS ON SECOND READING SENATE BILL 119. Having been read by title a second time on January 9, 2002, and held on the order of Second Reading, the same was again taken up. Representative Madigan offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 119 AMENDMENT NO. 1. Amend Senate Bill 119 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Banking Act is amended by changing Section 48.1 as follows: (205 ILCS 5/48.1) (from Ch. 17, par. 360) Sec. 48.1. Customer financial records; confidentiality. (a) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of: (1) a document granting signature authority over a deposit or account; (2) a statement, ledger card or other record on any deposit or account, which shows each transaction in or with respect to that account; (3) a check, draft or money order drawn on a bank or issued and payable by a bank; or (4) any other item containing information pertaining to any relationship established in the ordinary course of a bank's business between a bank and its customer, including financial statements or other financial information provided by the customer. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a bank having custody of the records, or the examination of the records by a certified public accountant engaged by the bank to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by a bank to, any officer, employee or agent of (i) the Commissioner of Banks and Real Estate, (ii) after May 31, 1997, a state regulatory authority authorized to examine a branch of a State bank located in another state, (iii) the Comptroller of the Currency, (iv) the Federal Reserve Board, or (v) the Federal Deposit Insurance Corporation for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to customers where the data cannot be identified to any particular customer or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i)
21 [January 10, 2002] credit information between a bank and other banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a bank and other banks or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the bank or assets or liabilities of the bank. (7) The furnishing of information to the appropriate law enforcement authorities where the bank reasonably believes it has been the victim of a crime. (8) The furnishing of information under the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information under the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information under the federal Currency and Foreign Transactions Reporting Act Title 31, United States Code, Section 1051 et seq. (11) The furnishing of information under any other statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The furnishing of information about the existence of an account of a person to a judgment creditor of that person who has made a written request for that information. (13) The exchange in the regular course of business of information between commonly owned banks in connection with a transaction authorized under paragraph (23) of Section 5 and conducted at an affiliate facility. (14) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any bank governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the bank a reasonable fee not to exceed its actual cost incurred. A bank providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the bank in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A bank shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (15) The exchange in the regular course of business of information between a bank and any commonly owned affiliate of the bank, subject to the provisions of the Financial Institutions Insurance Sales Law. (16) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (16), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any
[January 10, 2002] 22 manner contrary to law. A bank or person furnishing information pursuant to this item (16) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (17) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the customer, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the customer; (B) maintaining or servicing a customer's account with the bank; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a customer. Nothing in this item (17), however, authorizes the sale of the financial records or information of a customer without the consent of the customer. (18) The disclosure of financial records or information as necessary to protect against actual or potential fraud, unauthorized transactions, claims, or other liability. (19) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (19) of subsection (b) of Section 48.1, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (19) of subsection (b) of Section 48.l, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider. (c) Except as otherwise provided by this Act, a bank may not disclose to any person, except to the customer or his duly authorized agent, any financial records or financial information obtained from financial records relating to that customer of that bank unless: (1) the customer has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order which meets the requirements of subsection (d) of this Section; or (3) the bank is attempting to collect an obligation owed to the bank and the bank complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act. (d) A bank shall disclose financial records under paragraph (2) of subsection (c) of this Section under a lawful subpoena, summons, warrant, or court order only after the bank mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the bank, if living, and, otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the bank is specifically prohibited from notifying the person by order of court or by applicable State or federal law. A bank shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act. (e) Any officer or employee of a bank who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (f) Any person who knowingly and willfully induces or attempts to
23 [January 10, 2002] induce any officer or employee of a bank to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) A bank shall be reimbursed for costs that are reasonably necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, or court order. The Commissioner shall determine the rates and conditions under which payment may be made. (Source: P.A. 91-330, eff. 7-29-99; 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 10. The Illinois Savings and Loan Act of 1985 is amended by changing Section 3-8 as follows: (205 ILCS 105/3-8) (from Ch. 17, par. 3303-8) Sec. 3-8. Access to books and records; communication with members. (a) Every member or holder of capital shall have the right to inspect the books and records of the association that pertain to his account. Otherwise, the right of inspection and examination of the books and records shall be limited as provided in this Act, and no other person shall have access to the books and records or shall be entitled to a list of the members. (b) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (i) a document granting signature authority over a deposit or account; (ii) a statement, ledger card, or other record on any deposit or account that shows each transaction in or with respect to that account; (iii) a check, draft, or money order drawn on an association or issued and payable by an association; or (iv) any other item containing information pertaining to any relationship established in the ordinary course of an association's business between an association and its customer, including financial statements or other financial information provided by the member or holder of capital. (c) This Section does not prohibit: (1) The preparation, examination, handling, or maintenance of any financial records by any officer, employee, or agent of an association having custody of those records or the examination of those records by a certified public accountant engaged by the association to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by an association to, any officer, employee, or agent of the Commissioner of Banks and Real Estate, Federal Savings and Loan Insurance Corporation and its successors, Federal Deposit Insurance Corporation, Resolution Trust Corporation and its successors, Federal Home Loan Bank Board and its successors, Office of Thrift Supervision, Federal Housing Finance Board, Board of Governors of the Federal Reserve System, any Federal Reserve Bank, or the Office of the Comptroller of the Currency for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to members or holders of capital where the data cannot be identified to any particular member, holder of capital, or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between an association and other associations or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between an association and other associations or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the association or assets or liabilities of the association.
[January 10, 2002] 24 (7) The furnishing of information to the appropriate law enforcement authorities where the association reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", (Title 31, United States Code, Section 1051 et seq.). (11) The furnishing of information pursuant to any other statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The exchange of information between an association and an affiliate of the association; as used in this item, "affiliate" includes any company, partnership, or organization that controls, is controlled by, or is under common control with an association. (13) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any association governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the association a reasonable fee not to exceed its actual cost incurred. An association providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the association in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. An association shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (14) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the association suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (14), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the association to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. An association or person furnishing information pursuant to this item (14) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (15) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member or holder of capital, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member or holder of capital; (B) maintaining or servicing an account of a member or holder of capital with the association; or
25 [January 10, 2002] (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member or holder of capital. Nothing in this item (15), however, authorizes the sale of the financial records or information of a member or holder of capital without the consent of the member or holder of capital. (16) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (17) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (17) of subsection (c) of Section 3-8, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (17) of subsection (c) of Section 3-8, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider. (d) An association may not disclose to any person, except to the member or holder of capital or his duly authorized agent, any financial records relating to that member or holder of capital of that association unless: (1) The member or holder of capital has authorized disclosure to the person; or (2) The financial records are disclosed in response to a lawful subpoena, summons, warrant, or court order that meets the requirements of subsection (e) of this Section. (e) An association shall disclose financial records under subsection (d) of this Section pursuant to a lawful subpoena, summons, warrant, or court order only after the association mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the association, if living, and, otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the association is specifically prohibited from notifying that person by order of court. (f) (1) Any officer or employee of an association who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (2) Any person who knowingly and willfully induces or attempts to induce any officer or employee of an association to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) However, if any member desires to communicate with the other members of the association with reference to any question pending or to be presented at a meeting of the members, the association shall give him upon request a statement of the approximate number of members entitled to vote at the meeting and an estimate of the cost of preparing and mailing the communication. The requesting member then shall submit the communication to the Commissioner who, if he finds it to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's payment or adequate provision for payment of the expenses of preparation and mailing. (h) An association shall be reimbursed for costs that are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required to be reproduced pursuant to a lawful subpoena,
[January 10, 2002] 26 warrant, or court order. (Source: P.A. 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 15. The Savings Bank Act is amended by changing Section 4013 as follows: (205 ILCS 205/4013) (from Ch. 17, par. 7304-13) Sec. 4013. Access to books and records; communication with members and shareholders. (a) Every member or shareholder shall have the right to inspect books and records of the savings bank that pertain to his accounts. Otherwise, the right of inspection and examination of the books and records shall be limited as provided in this Act, and no other person shall have access to the books and records nor shall be entitled to a list of the members or shareholders. (b) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over a deposit or account; (2) a statement, ledger card, or other record on any deposit or account that shows each transaction in or with respect to that account; (3) a check, draft, or money order drawn on a savings bank or issued and payable by a savings bank; or (4) any other item containing information pertaining to any relationship established in the ordinary course of a savings bank's business between a savings bank and its customer, including financial statements or other financial information provided by the member or shareholder. (c) This Section does not prohibit: (1) The preparation examination, handling, or maintenance of any financial records by any officer, employee, or agent of a savings bank having custody of records or examination of records by a certified public accountant engaged by the savings bank to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by a savings bank to, any officer, employee, or agent of the Commissioner of Banks and Real Estate or the Federal Deposit Insurance Corporation for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to members or holders of capital where the data cannot be identified to any particular member, shareholder, or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a savings bank and other savings banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a savings bank and other savings banks or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the savings bank or assets or liabilities of the savings bank. (7) The furnishing of information to the appropriate law enforcement authorities where the savings bank reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", (Title 31, United States Code, Section 1051 et seq.). (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by
27 [January 10, 2002] subpoena, summons, warrant, or court order. (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any savings bank governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the savings bank a reasonable fee not to exceed its actual cost incurred. A savings bank providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the savings bank in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A savings bank shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the savings bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the savings bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A savings bank or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member or holder of capital, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member or holder of capital; (B) maintaining or servicing an account of a member or holder of capital with the savings bank; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member or holder of capital. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member or holder of capital without the consent of the member or holder of capital. (15) The exchange in the regular course of business of information between a savings bank and any commonly owned affiliate of the savings bank, subject to the provisions of the Financial Institutions Insurance Sales Law. (16) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (17) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to
[January 10, 2002] 28 outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (17) of subsection (c) of Section 4013, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (17) of subsection (c) of Section 4013, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider. (d) A savings bank may not disclose to any person, except to the member or holder of capital or his duly authorized agent, any financial records relating to that member or shareholder of the savings bank unless: (1) the member or shareholder has authorized disclosure to the person; or (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant, or court order that meets the requirements of subsection (e) of this Section. (e) A savings bank shall disclose financial records under subsection (d) of this Section pursuant to a lawful subpoena, summons, warrant, or court order only after the savings bank mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the savings bank, if living, and otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the savings bank is specifically prohibited from notifying the person by order of court. (f) Any officer or employee of a savings bank who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) Any person who knowingly and willfully induces or attempts to induce any officer or employee of a savings bank to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (h) If any member or shareholder desires to communicate with the other members or shareholders of the savings bank with reference to any question pending or to be presented at an annual or special meeting, the savings bank shall give that person, upon request, a statement of the approximate number of members or shareholders entitled to vote at the meeting and an estimate of the cost of preparing and mailing the communication. The requesting member shall submit the communication to the Commissioner who, upon finding it to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's or shareholder's payment or adequate provision for payment of the expenses of preparation and mailing. (i) A savings bank shall be reimbursed for costs that are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required to be reproduced pursuant to a lawful subpoena, warrant, or court order. (j) Notwithstanding the provisions of this Section, a savings bank may sell or otherwise make use of lists of customers' names and addresses. All other information regarding a customer's account are subject to the disclosure provisions of this Section. At the request of any customer, that customer's name and address shall be deleted from any list that is to be sold or used in any other manner beyond identification of the customer's accounts. (Source: P.A. 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 20. The Illinois Credit Union Act is amended by changing Section 10 as follows: (205 ILCS 305/10) (from Ch. 17, par. 4411)
29 [January 10, 2002] Sec. 10. Credit union records; member financial records. (1) A credit union shall establish and maintain books, records, accounting systems and procedures which accurately reflect its operations and which enable the Department to readily ascertain the true financial condition of the credit union and whether it is complying with this Act. (2) A photostatic or photographic reproduction of any credit union records shall be admissible as evidence of transactions with the credit union. (3) (a) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over an account, (2) a statement, ledger card or other record on any account which shows each transaction in or with respect to that account, (3) a check, draft or money order drawn on a financial institution or other entity or issued and payable by or through a financial institution or other entity, or (4) any other item containing information pertaining to any relationship established in the ordinary course of business between a credit union and its member, including financial statements or other financial information provided by the member. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a credit union having custody of such records, or the examination of such records by a certified public accountant engaged by the credit union to perform an independent audit. (2) The examination of any financial records by or the furnishing of financial records by a credit union to any officer, employee or agent of the Department, the National Credit Union Administration, Federal Reserve board or any insurer of share accounts for use solely in the exercise of his duties as an officer, employee or agent. (3) The publication of data furnished from financial records relating to members where the data cannot be identified to any particular customer of account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1954. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a credit union and other credit unions or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a credit union and other credit unions or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a merger or a purchase or sale of assets or liabilities of the credit union. (7) The furnishing of information to the appropriate law enforcement authorities where the credit union reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", Title 31, United States Code, Section 1051 et sequentia. (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant or court order.
[January 10, 2002] 30 (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any credit union governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the credit union a reasonable fee not to exceed its actual cost incurred. A credit union providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the credit union in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A credit union shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the credit union suspects that a member who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the credit union to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A credit union or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member; (B) maintaining or servicing a member's account with the credit union; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member without the consent of the member. (15) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (16) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (16) of
31 [January 10, 2002] subsection (b) of Section 10, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (16) of subsection (b) of Section 10, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider. (c) Except as otherwise provided by this Act, a credit union may not disclose to any person, except to the member or his duly authorized agent, any financial records relating to that member of the credit union unless: (1) the member has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order that meets the requirements of subparagraph (d) of this Section; or (3) the credit union is attempting to collect an obligation owed to the credit union and the credit union complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act. (d) A credit union shall disclose financial records under subparagraph (c)(2) of this Section pursuant to a lawful subpoena, summons, warrant or court order only after the credit union mails a copy of the subpoena, summons, warrant or court order to the person establishing the relationship with the credit union, if living, and otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid unless the credit union is specifically prohibited from notifying the person by order of court or by applicable State or federal law. In the case of a grand jury subpoena, a credit union shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act or notifying the person would constitute a violation of the federal Right to Financial Privacy Act of 1978. (e) (1) Any officer or employee of a credit union who knowingly and wilfully furnishes financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (2) Any person who knowingly and wilfully induces or attempts to induce any officer or employee of a credit union to disclose financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (f) A credit union shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing or transporting books, papers, records or other data of a member required or requested to be produced pursuant to a lawful subpoena, summons, warrant or court order. The Director may determine, by rule, the rates and conditions under which payment shall be made. Delivery of requested documents may be delayed until final reimbursement of all costs is received. (Source: P.A. 91-929, eff. 12-15-00; 92-293, eff. 8-9-01; 92-483, eff. 8-23-01.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING
[January 10, 2002] 32 The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Madigan, SENATE BILL 119 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 2, Answering Present. (ROLL CALL 2) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING SENATE BILL 1104. Having been recalled on January 9, 2002, and held on the order of Second Reading, the same was again taken up. Representative Madigan offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1104 AMENDMENT NO. 1. Amend Senate Bill 1104 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Banking Act is amended by changing Section 48.1 as follows: (205 ILCS 5/48.1) (from Ch. 17, par. 360) Sec. 48.1. Customer financial records; confidentiality. (a) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of: (1) a document granting signature authority over a deposit or account; (2) a statement, ledger card or other record on any deposit or account, which shows each transaction in or with respect to that account; (3) a check, draft or money order drawn on a bank or issued and payable by a bank; or (4) any other item containing information pertaining to any relationship established in the ordinary course of a bank's business between a bank and its customer, including financial statements or other financial information provided by the customer. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a bank having custody of the records, or the examination of the records by a certified public accountant engaged by the bank to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by a bank to, any officer, employee or agent of (i) the Commissioner of Banks and Real Estate, (ii) after May 31, 1997, a state regulatory authority authorized to examine a branch of a State bank located in another state, (iii) the Comptroller of the Currency, (iv) the Federal Reserve Board, or (v) the Federal Deposit Insurance Corporation for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to customers where the data cannot be identified to any particular customer or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform
33 [January 10, 2002] Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a bank and other banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a bank and other banks or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the bank or assets or liabilities of the bank. (7) The furnishing of information to the appropriate law enforcement authorities where the bank reasonably believes it has been the victim of a crime. (8) The furnishing of information under the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information under the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information under the federal Currency and Foreign Transactions Reporting Act Title 31, United States Code, Section 1051 et seq. (11) The furnishing of information under any other statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The furnishing of information about the existence of an account of a person to a judgment creditor of that person who has made a written request for that information. (13) The exchange in the regular course of business of information between commonly owned banks in connection with a transaction authorized under paragraph (23) of Section 5 and conducted at an affiliate facility. (14) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any bank governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the bank a reasonable fee not to exceed its actual cost incurred. A bank providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the bank in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A bank shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (15) The exchange in the regular course of business of information between a bank and any commonly owned affiliate of the bank, subject to the provisions of the Financial Institutions Insurance Sales Law. (16) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (16), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue
[January 10, 2002] 34 influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A bank or person furnishing information pursuant to this item (16) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (17) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the customer, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the customer; (B) maintaining or servicing a customer's account with the bank; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a customer. Nothing in this item (17), however, authorizes the sale of the financial records or information of a customer without the consent of the customer. (18) The disclosure of financial records or information as necessary to protect against actual or potential fraud, unauthorized transactions, claims, or other liability. (19) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, as enacted, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official, pursuant to any lawful request, in order to assist the official receiving that information in the performance of his or her official duties. (c) Except as otherwise provided by this Act, a bank may not disclose to any person, except to the customer or his duly authorized agent, any financial records or financial information obtained from financial records relating to that customer of that bank unless: (1) the customer has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order which meets the requirements of subsection (d) of this Section; or (3) the bank is attempting to collect an obligation owed to the bank and the bank complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act. (d) A bank shall disclose financial records under paragraph (2) of subsection (c) of this Section under a lawful subpoena, summons, warrant, or court order only after the bank mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the bank, if living, and, otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the bank is specifically prohibited from notifying the person by order of court or by applicable State or federal law. A bank shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act. (e) Any officer or employee of a bank who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (f) Any person who knowingly and willfully induces or attempts to induce any officer or employee of a bank to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) A bank shall be reimbursed for costs that are reasonably necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful
35 [January 10, 2002] subpoena, summons, warrant, or court order. The Commissioner shall determine the rates and conditions under which payment may be made. (Source: P.A. 91-330, eff. 7-29-99; 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 10. The Illinois Savings and Loan Act of 1985 is amended by changing Section 3-8 as follows: (205 ILCS 105/3-8) (from Ch. 17, par. 3303-8) Sec. 3-8. Access to books and records; communication with members. (a) Every member or holder of capital shall have the right to inspect the books and records of the association that pertain to his account. Otherwise, the right of inspection and examination of the books and records shall be limited as provided in this Act, and no other person shall have access to the books and records or shall be entitled to a list of the members. (b) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (i) a document granting signature authority over a deposit or account; (ii) a statement, ledger card, or other record on any deposit or account that shows each transaction in or with respect to that account; (iii) a check, draft, or money order drawn on an association or issued and payable by an association; or (iv) any other item containing information pertaining to any relationship established in the ordinary course of an association's business between an association and its customer, including financial statements or other financial information provided by the member or holder of capital. (c) This Section does not prohibit: (1) The preparation, examination, handling, or maintenance of any financial records by any officer, employee, or agent of an association having custody of those records or the examination of those records by a certified public accountant engaged by the association to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by an association to, any officer, employee, or agent of the Commissioner of Banks and Real Estate, Federal Savings and Loan Insurance Corporation and its successors, Federal Deposit Insurance Corporation, Resolution Trust Corporation and its successors, Federal Home Loan Bank Board and its successors, Office of Thrift Supervision, Federal Housing Finance Board, Board of Governors of the Federal Reserve System, any Federal Reserve Bank, or the Office of the Comptroller of the Currency for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to members or holders of capital where the data cannot be identified to any particular member, holder of capital, or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between an association and other associations or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between an association and other associations or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the association or assets or liabilities of the association. (7) The furnishing of information to the appropriate law enforcement authorities where the association reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping
[January 10, 2002] 36 Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", (Title 31, United States Code, Section 1051 et seq.). (11) The furnishing of information pursuant to any other statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The exchange of information between an association and an affiliate of the association; as used in this item, "affiliate" includes any company, partnership, or organization that controls, is controlled by, or is under common control with an association. (13) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any association governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the association a reasonable fee not to exceed its actual cost incurred. An association providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the association in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. An association shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (14) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the association suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (14), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the association to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. An association or person furnishing information pursuant to this item (14) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (15) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member or holder of capital, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member or holder of capital; (B) maintaining or servicing an account of a member or holder of capital with the association; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member or holder of capital. Nothing in this item (15), however, authorizes the sale of the financial records or information of a member or holder of capital without the consent of the member or holder of capital. (16) The disclosure of financial records or information as
37 [January 10, 2002] necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (17) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, as enacted, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official, pursuant to any lawful request, in order to assist the official receiving that information in the performance of his or her official duties. (d) An association may not disclose to any person, except to the member or holder of capital or his duly authorized agent, any financial records relating to that member or holder of capital of that association unless: (1) The member or holder of capital has authorized disclosure to the person; or (2) The financial records are disclosed in response to a lawful subpoena, summons, warrant, or court order that meets the requirements of subsection (e) of this Section. (e) An association shall disclose financial records under subsection (d) of this Section pursuant to a lawful subpoena, summons, warrant, or court order only after the association mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the association, if living, and, otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the association is specifically prohibited from notifying that person by order of court. (f) (1) Any officer or employee of an association who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (2) Any person who knowingly and willfully induces or attempts to induce any officer or employee of an association to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) However, if any member desires to communicate with the other members of the association with reference to any question pending or to be presented at a meeting of the members, the association shall give him upon request a statement of the approximate number of members entitled to vote at the meeting and an estimate of the cost of preparing and mailing the communication. The requesting member then shall submit the communication to the Commissioner who, if he finds it to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's payment or adequate provision for payment of the expenses of preparation and mailing. (h) An association shall be reimbursed for costs that are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required to be reproduced pursuant to a lawful subpoena, warrant, or court order. (Source: P.A. 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 15. The Savings Bank Act is amended by changing Section 4013 as follows: (205 ILCS 205/4013) (from Ch. 17, par. 7304-13) Sec. 4013. Access to books and records; communication with members and shareholders. (a) Every member or shareholder shall have the right to inspect books and records of the savings bank that pertain to his accounts. Otherwise, the right of inspection and examination of the books and records shall be limited as provided in this Act, and no other person shall have access to the books and records nor shall be entitled to a list of the members or shareholders. (b) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over a deposit or account; (2) a statement, ledger
[January 10, 2002] 38 card, or other record on any deposit or account that shows each transaction in or with respect to that account; (3) a check, draft, or money order drawn on a savings bank or issued and payable by a savings bank; or (4) any other item containing information pertaining to any relationship established in the ordinary course of a savings bank's business between a savings bank and its customer, including financial statements or other financial information provided by the member or shareholder. (c) This Section does not prohibit: (1) The preparation examination, handling, or maintenance of any financial records by any officer, employee, or agent of a savings bank having custody of records or examination of records by a certified public accountant engaged by the savings bank to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by a savings bank to, any officer, employee, or agent of the Commissioner of Banks and Real Estate or the Federal Deposit Insurance Corporation for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to members or holders of capital where the data cannot be identified to any particular member, shareholder, or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a savings bank and other savings banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a savings bank and other savings banks or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the savings bank or assets or liabilities of the savings bank. (7) The furnishing of information to the appropriate law enforcement authorities where the savings bank reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", (Title 31, United States Code, Section 1051 et seq.). (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any savings bank governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the savings bank a reasonable fee not to exceed its actual cost incurred. A savings bank providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the savings bank in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A savings bank shall have no obligation to hold, encumber, or surrender assets until it has been served with a
39 [January 10, 2002] subpoena, summons, warrant, court or administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the savings bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the savings bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A savings bank or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member or holder of capital, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member or holder of capital; (B) maintaining or servicing an account of a member or holder of capital with the savings bank; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member or holder of capital. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member or holder of capital without the consent of the member or holder of capital. (15) The exchange in the regular course of business of information between a savings bank and any commonly owned affiliate of the savings bank, subject to the provisions of the Financial Institutions Insurance Sales Law. (16) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (17) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, as enacted, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official, pursuant to any lawful request, in order to assist the official receiving that information in the performance of his or her official duties. (d) A savings bank may not disclose to any person, except to the member or holder of capital or his duly authorized agent, any financial records relating to that member or shareholder of the savings bank unless: (1) the member or shareholder has authorized disclosure to the person; or (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant, or court order that meets the requirements of subsection (e) of this Section. (e) A savings bank shall disclose financial records under subsection (d) of this Section pursuant to a lawful subpoena, summons,
[January 10, 2002] 40 warrant, or court order only after the savings bank mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the savings bank, if living, and otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the savings bank is specifically prohibited from notifying the person by order of court. (f) Any officer or employee of a savings bank who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) Any person who knowingly and willfully induces or attempts to induce any officer or employee of a savings bank to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (h) If any member or shareholder desires to communicate with the other members or shareholders of the savings bank with reference to any question pending or to be presented at an annual or special meeting, the savings bank shall give that person, upon request, a statement of the approximate number of members or shareholders entitled to vote at the meeting and an estimate of the cost of preparing and mailing the communication. The requesting member shall submit the communication to the Commissioner who, upon finding it to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's or shareholder's payment or adequate provision for payment of the expenses of preparation and mailing. (i) A savings bank shall be reimbursed for costs that are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required to be reproduced pursuant to a lawful subpoena, warrant, or court order. (j) Notwithstanding the provisions of this Section, a savings bank may sell or otherwise make use of lists of customers' names and addresses. All other information regarding a customer's account are subject to the disclosure provisions of this Section. At the request of any customer, that customer's name and address shall be deleted from any list that is to be sold or used in any other manner beyond identification of the customer's accounts. (Source: P.A. 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 20. The Illinois Credit Union Act is amended by changing Section 10 as follows: (205 ILCS 305/10) (from Ch. 17, par. 4411) Sec. 10. Credit union records; member financial records. (1) A credit union shall establish and maintain books, records, accounting systems and procedures which accurately reflect its operations and which enable the Department to readily ascertain the true financial condition of the credit union and whether it is complying with this Act. (2) A photostatic or photographic reproduction of any credit union records shall be admissible as evidence of transactions with the credit union. (3) (a) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over an account, (2) a statement, ledger card or other record on any account which shows each transaction in or with respect to that account, (3) a check, draft or money order drawn on a financial institution or other entity or issued and payable by or through a financial institution or other entity, or (4) any other item containing information pertaining to any relationship established in the ordinary course of business between a credit union and its member, including financial statements or other financial information provided by the member. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a credit union having custody of such records, or
41 [January 10, 2002] the examination of such records by a certified public accountant engaged by the credit union to perform an independent audit. (2) The examination of any financial records by or the furnishing of financial records by a credit union to any officer, employee or agent of the Department, the National Credit Union Administration, Federal Reserve board or any insurer of share accounts for use solely in the exercise of his duties as an officer, employee or agent. (3) The publication of data furnished from financial records relating to members where the data cannot be identified to any particular customer of account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1954. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a credit union and other credit unions or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a credit union and other credit unions or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a merger or a purchase or sale of assets or liabilities of the credit union. (7) The furnishing of information to the appropriate law enforcement authorities where the credit union reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", Title 31, United States Code, Section 1051 et sequentia. (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant or court order. (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any credit union governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the credit union a reasonable fee not to exceed its actual cost incurred. A credit union providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the credit union in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A credit union shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the credit union suspects that a member who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term:
[January 10, 2002] 42 (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the credit union to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A credit union or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member; (B) maintaining or servicing a member's account with the credit union; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member without the consent of the member. (15) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (16) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, as enacted, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official, pursuant to any lawful request, in order to assist the official receiving that information in the performance of his or her official duties. (c) Except as otherwise provided by this Act, a credit union may not disclose to any person, except to the member or his duly authorized agent, any financial records relating to that member of the credit union unless: (1) the member has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order that meets the requirements of subparagraph (d) of this Section; or (3) the credit union is attempting to collect an obligation owed to the credit union and the credit union complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act. (d) A credit union shall disclose financial records under subparagraph (c)(2) of this Section pursuant to a lawful subpoena, summons, warrant or court order only after the credit union mails a copy of the subpoena, summons, warrant or court order to the person establishing the relationship with the credit union, if living, and otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid unless the credit union is specifically prohibited from notifying the person by order of court or by applicable State or federal law. In the case of a grand jury subpoena, a credit union shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act or
43 [January 10, 2002] notifying the person would constitute a violation of the federal Right to Financial Privacy Act of 1978. (e) (1) Any officer or employee of a credit union who knowingly and wilfully furnishes financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (2) Any person who knowingly and wilfully induces or attempts to induce any officer or employee of a credit union to disclose financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (f) A credit union shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing or transporting books, papers, records or other data of a member required or requested to be produced pursuant to a lawful subpoena, summons, warrant or court order. The Director may determine, by rule, the rates and conditions under which payment shall be made. Delivery of requested documents may be delayed until final reimbursement of all costs is received. (Source: P.A. 91-929, eff. 12-15-00; 92-293, eff. 8-9-01; 92-483, eff. 8-23-01.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was again advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Madigan, SENATE BILL 1104 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 3) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 11:37 o'clock a.m. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 605 was taken up for consideration. Representative May moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 2 and 4 to HOUSE BILL 3495, having been printed, were taken up for consideration.
[January 10, 2002] 44 Representative Madigan moved that the House concur with the Senate in the adoption of Senate Amendments numbered 2 and 4. Pending discussion, Representative McCarthy moved the previous question. And the question being, "Shall the main question be now put?" it was decided in the affirmative. And on that motion, a vote was taken resulting as follows: 57, Yeas; 58, Nays; 0, Answering Present. (ROLL CALL 4) The motion lost. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 2 was distributed to the Members at 1:30 o'clock p.m. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 606 was taken up for consideration. Representative Monique Davis moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. RESOLUTIONS HOUSE RESOLUTION 579, 581, 582, 583, 584, 585, 586, 587, 590, 591, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 608; SENATE JOINT RESOLUTION 46 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 47 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, January 10, 2002, the Senate stands adjourned until Wednesday, January 23, 2002, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, January 29, 2002, at 12:00 o'clock noon; and the House of Representatives stands adjourned until Tuesday, January 29, 2002, at 1:00 o'clock p.m. Adopted by the Senate, January 10, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 47 was taken up for immediate consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 47 was adopted. Ordered that the Clerk inform the Senate.
45 [January 10, 2002] At the hour of 1:41 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 47, the House stood adjourned until Tuesday, January 29, 2002, at 1:00 o'clock p.m.
[January 10, 2002] 46 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE JAN 10, 2002 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN E BLACK P FRITCHEY E MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH E BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER P STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS P KENNER P O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
47 [January 10, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 119 FINANCIAL REGULATION-TECH THIRD READING PASSED JAN 10, 2002 113 YEAS 0 NAYS 2 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS P FRANKS Y MARQUARDT Y RYAN E BLACK Y FRITCHEY E MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH E BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU P MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[January 10, 2002] 48 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1104 BANKING ACT APPLICANT INFO THIRD READING PASSED JAN 10, 2002 114 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN E BLACK Y FRITCHEY E MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH E BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU P MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
49 [January 10, 2002] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3495 BUDGET IMPLEMENTATION-FY2002 MOTION TO CONCUR IN SENATE AMENDMENTS NO. 2 AND 4 LOST JAN 10, 2002 57 YEAS 58 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE N BASSI N FEIGENHOLTZ Y LEITCH N POE N BEAUBIEN Y FLOWERS Y LINDNER N REITZ Y BELLOCK N FORBY Y LYONS,EILEEN N RIGHTER N BERNS N FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT N RYAN E BLACK N FRITCHEY E MATHIAS Y SAVIANO N BOLAND N GARRETT N MAUTINO Y SCHMITZ N BOST N GILES Y MAY Y SCHOENBERG Y BRADLEY N GRANBERG N McAULIFFE Y SCULLY Y BRADY N HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE N SLONE Y BRUNSVOLD N HARTKE N McKEON N SMITH E BUGIELSKI Y HASSERT Y MENDOZA N SOMMER Y BURKE Y HOEFT N MEYER N SOTO Y CAPPARELLI N HOFFMAN N MILLER Y STEPHENS N COLLINS Y HOLBROOK N MITCHELL,BILL Y TENHOUSE N COLVIN N HOWARD N MITCHELL,JERRY Y TURNER N COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW N JEFFERSON Y MORROW N WATSON Y CROSS Y JOHNSON Y MULLIGAN N WINKEL N CROTTY N JONES,JOHN N MURPHY Y WINTERS Y CURRIE N JONES,LOU N MYERS N WIRSING N CURRY N JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS N KENNER N O'BRIEN N WRIGHT N DART N KLINGLER Y O'CONNOR N YARBROUGH Y DAVIS,MONIQUE N KOSEL N OSMOND N YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS N DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN N LANG E - Denotes Excused Absence