STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
96TH LEGISLATIVE DAY
WEDNESDAY, FEBRUARY 13, 2002
1:00 O'CLOCK P.M.
NO. 96
[February 13, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 96th Legislative Day Action Page(s) Adjournment........................................ 31 Change of Sponsorship.............................. 16 Committee on Rules Reassignments................... 15 Committee on Rules Referrals....................... 14 Fiscal Note Supplied............................... 16 Quorum Roll Call................................... 3 Bill Number Legislative Action Page(s) HB 3652 Third Reading...................................... 29 HB 3653 Second Reading..................................... 20 HB 3657 Second Reading - Amendment/s....................... 20 HB 3672 Second Reading..................................... 20 HB 3708 Second Reading - Amendment/s....................... 20 HB 3710 Second Reading..................................... 20 HB 3736 Third Reading...................................... 29 HB 3998 Second Reading - Amendment/s....................... 26 HB 3999 Second Reading - Amendment/s....................... 26 HB 4004 Second Reading..................................... 20 HB 4007 Second Reading..................................... 20 HB 4044 Second Reading - Amendment/s....................... 28 HB 4092 Second Reading..................................... 20 HB 4108 Second Reading - Amendment/s....................... 28 HJR 0062 Resolution......................................... 19 HR 0651 Resolution......................................... 17 HR 0658 Agreed Resolution.................................. 16 HR 0659 Resolution......................................... 17 HR 0660 Agreed Resolution.................................. 16 HR 0661 Resolution......................................... 18 HR 0662 Resolution......................................... 18 SB 0119 House Refuse to Recede - Appoint Members........... 29
3 [February 13, 2002] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Capparelli 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: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Berns and Bugielski were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Mulligan, should be recorded as present. OFFICE OF THE SECRETARY OF STATE JESSE WHITE - Secretary of State February 13, 2002 To the Honorable Speaker of the House: Sir: In compliance with the provisions of the Constitution of the State of Illinois, I am forwarding herewith the enclosed House Bills, that are being returned by the Governor with specific recommendations for change. HOUSE BILLS 2299 3098 3247 Respectfully, s/Jesse White Secretary of State STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR February 8, 2002 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of
[February 13, 2002] 4 the bill, I hereby return House Bill 2299, entitled "AN ACT in relation to terrorism", with my specific recommendations for change. House Bill 2299 amends the Criminal Code of 1961, the Solicitation for Charity Act, the Firearm Owners Identification Card Act, the Code of Criminal Procedure of 1963, the Boarding Aircraft with Weapon Act, the Statewide Grand Jury Act, the Unified Code of Corrections, and the Charitable Trust Act with respect to investigating, prosecuting and punishing acts of terrorism. House Bill 2299 creates a new Terrorism Article to replace the current international terrorism provision and covers the commission of a terrorist act, making a terrorist threat, falsely communicating a terrorist threat, soliciting or providing support to a terrorist act, and hindering prosecution of terrorism. The bill also defines a terrorist act, creates a Class X felony with mandatory imprisonment of 20 years to natural life and adds a death penalty qualifier for first degree murder resulting from a terrorist act. Furthermore, House Bill 2299 raises the penalty for boarding or attempting to board a commercial or charter aircraft with a firearm, explosive or other dangerous weapon from a Class A misdemeanor to a Class 4 felony. This bill additionally allows for freezing assets, seizure and forfeiture of property connected with terrorism violations and expands consensual eavesdropping without a court order, nonconsensual wiretap and Statewide grand jury statutes to include investigation of terrorism offenses. A sunset provision for the eavesdropping, wiretap and search warrant changes takes effect on January 1, 2005. Finally, House Bill 2299 allows the Attorney General to take action against a charitable organization that acts to further terrorist activities, directly or indirectly, or uses charitable assets in support of terrorist acts. However, as I told members of the General Assembly and the people of Illinois in a special preparedness briefing on October 11, 2001, "to simply act symbolically and overreach our authority is both irresponsible and detrimental to the federal government's efforts." I maintain that position with respect to House Bill 2299. There are provisions in this legislation that would not significantly enhance the State's efforts and powers to battle acts of terrorism and other language that could erode protections on individual liberties that have been the law of the land in Illinois for many years. With that said, I believe it is helpful to review my Administration's record on combating the threat of terrorism. Since 1999, we, as a State, have worked hard to address issues surrounding terrorism and domestic preparedness. Our efforts began long before the terrorist attacks on New York City and Washington D.C. of September 11th, 2001. In order to bolster our existing emergency response infrastructure, in May of 2000 I appointed the first Statewide Terrorism Task Force in Illinois' history. The purpose of this task force was to identify strengths and weaknesses in our response plans, especially in regard to biological or chemical terrorism, to improve our emergency programs and to coordinate needed training at the local level. The 33 member organizations of this task force include our Emergency Management Agency, the State Police, State Fire Marshal, Department of Military Affairs, Department of Public Health, Department of Nuclear Safety, Environmental Protection Agency, the American Red Cross, local emergency response teams, the Illinois Association of Chiefs of Police and the FBI, among others. As a result: * The task force has created several response teams in every area of the State. These teams would be called on quickly when they are needed to deal with an emergency situation. * In January of 2001, the task force set up the first-ever Statewide mutual aid system to deal quickly and effectively with a release of hazardous material anywhere in Illinois. Under this agreement fire departments throughout the State have agreed to pool and share resources in the event of a terrorist attack or natural disaster. * The State also created more than 64 separate special response teams
5 [February 13, 2002] throughout the State that are equipped and trained to respond to any specialized emergencies. We now have 32 "haz mat" teams prepared to deal with biological, chemical or nuclear incidents. * The task force created, at the State level, three State inter-agency teams to respond to emergencies and any kind in Northern, Central and Southern Illinois. These teams are designed to bring State resources and expertise to the local level for emergencies of any kind. These emergencies can involve dangerous chemicals, radiation leaks and large fires, as well as the lingering after affects of a disaster that face a community. * In August of 2001, Illinois became only one of ten states in the nation to have trained and equipped certified Civil Support Team within the National Guard that is capable of responding to events that include nuclear, biological and chemical weapons. The Illinois CST consists of experts in biological and chemical warfare and is supplied with state-of-the-art detection and decontamination equipment. * The task force has coordinated and implemented an anti-terrorism training program for police officers, firefighters and emergency personnel through the State. In the last 17 months, the State has trained more than 19,000 emergency personnel from across Illinois in dealing with a possible terrorist attack. In all, these emergency personnel have completed more than 184,000 hours of training - almost 10 hours of special training per person. This training includes dealing with weapons of mass destruction, hazardous materials and chemical agents. The work of the Terrorism Task Force supplements our State's already strong network of emergency programs. * We conduct disaster exercises every other year at each of the State's nuclear power plants, which means that we conduct three disaster readiness drills annually. In cooperation with the Nuclear Regulatory Commission, federal and State agencies and our nuclear operators, we have changed procedures and significantly enhanced security in recognition of the new potential threats to these facilities. * Throughout the State, local emergency and disaster teams regularly train and hold exercises to prepare for the needs of a large-scale emergency. And throughout the course of every year, various State agencies coordinate training and inspect the assets we have within communities to deal with emergencies. * In 2000, the Illinois Emergency Management Agency handled more than 1,200 hazardous material incidents, 80 search and rescue missions, 100 railroad incidents and trained 800 people in emergency management procedures. * The Department of Public Health coordinated more than 100 hospital inspections and found 96 percent in substantial compliance with all regulations. * Since 1999, Public Health has trained 1,000 physicians and emergency room personnel in treating victims of potential terrorist incident involving toxic gases, bacteria or viruses. * The State Fire Marshal last year handled more than 3,500 emergency situations and follow-up investigations at fire scenes. * The Illinois State Police started work on the StarCom 21 system, a state-of-the-art radio network that will replace 1960's technology for providing radio communications. This Statewide radio network will finally ensure that different agencies and emergency responders can communicate with earth other and it will provide an essential and independent mechanism for communication if telephone networks are disabled. * The General Assembly and I have used the Illinois FIRST program to beef up equipment, training and facilities for the State Police, local law enforcement, fire departments and emergency medical teams. To date, we've approved more than $137 million for new fire trucks, breathing equipment, thermal imaging cameras, bullet-proof vests, communications systems, new "jaws of life" equipment, fire-proof uniforms, "haz mat" response supplies, police stations,
[February 13, 2002] 6 fire houses, ambulances, cars, trucks, axes, ladders, computers and other emergency equipment. And since the tragic events of September 11th and the ensuing War on Terrorism, we have stepped up these efforts. In the wake of these terrorist acts, my Administration did a thorough review of how the State of Illinois would and could respond in the event such attacks were perpetrated in Illinois. Resources and assets to deal with terrorism were identified and emergency plans expanded. I appointed a Director of Homeland Security and have directed a full effort to improving our State's security and our coordination with both the federal and local governments. Since international terrorism cuts across national as well as state boundaries, I believe that the investigation and prevention of terrorism in the United States is unquestionably the primary responsibility of the federal government. State government should be poised to assist as needed and to fill in any gaps in our developing security network. Towards this end, it is appropriate for State criminal laws to be reviewed and revised as needed. Illinois already has a significant number of laws on the books that are available today to investigate, prosecute and punish terrorist acts. Currently in Illinois law: * The International Terrorism Act makes it a Class 1 felony to solicit or provide material support or resources to support international terrorism. * The current causing a catastrophe provision is a Class X felony and covers explosion, fire, flood, collapse of a building, release of poison, radioactive material, bacteria, virus, or other dangerous substance, that results in injury to 5 or more persons, substantial damage to 5 or more buildings, or substantial damage to vital public facility. If a death or deaths occur as a result, murder can also currently be charged. * The death penalty or natural life in prison can be imposed for the murder of two or more persons; a murder committed during the hijacking of a plane, train, bus or other public conveyance; the murder of a policeman, fireman or paramedic; or a cold, calculated premeditated murder committed pursuant to a plan or scheme which would cover murder by anthrax, bomb or other biological/chemical means. * Illinois law enforcement officers can currently obtain a court order for a wiretap to investigate murder, conspiracy to commit murder, money laundering, conspiracy to commit money laundering, the unlawful sale of firearms, hostage taking, and occupation by force of any premises, place, vehicle, vessel or aircraft. * Illinois law enforcement officers can currently conduct one-party consent to eavesdropping in emergency situations necessary to protect law enforcement officers or in a situation involving a clear and present danger of imminent death or great bodily harm to persons from a hostage taking or occupation by force of any premises, place, vehicle, vessel or aircraft. I am in agreement with some of the provisions in House Bill 2299. However, given the scope and complexity of House Bill 2299, the few short weeks of the fall veto session may not have provided a sufficient amount of time for the careful scrutiny and debate that would likely have occurred in the regular legislative session on some of the more controversial provisions of this bill. I certainly understand the General Assembly's desire to take swift action to address this issue of great public concern. However, the fact that the issue of terrorism is an issue of such great public concern and grave importance means that there is all the more reason to diligently scrutinize and carefully consider all aspects of this bill so that we can fulfill our responsibility to enact the best law that we can. House Bill 2299 contains several technical problems and raises certain constitutional issues, which I believe should be addressed. While the death penalty does seem to be a proportionate penalty for terrorist murderers given our State's current system of capital punishment, the addition of yet another factor in aggravation for
7 [February 13, 2002] applying the death penalty is premature in light of the fact that my Commission on Capital Punishment has yet to report. Furthermore, as previously noted, current Illinois death penalty provisions already address murder committed by terrorist and adding more factors to our existing statute only increases the potential that our existing law will be found unconstitutionally over broad. In fact, it would be difficult to imagine a scenario under which a terrorist act resulting in death would not already qualify for capital punishment under our current statute. Moreover, terrorism is currently a death eligible offense under federal law, making this provision of the bill redundant in yet another way. Therefore, I believe the death penalty provision should be removed from this bill. The seizure and forfeiture of property of suspected terrorists is also appropriate. However, unlike other criminal forfeiture laws House Bill 2299 does not contain sufficient protection for innocent property owners and lienholders, who did not know about or participate in the terrorism offense. Also, the bill does not clearly state a time frame in which a forfeiture action must be brought before the court after seizing the property of a person who has not been charged with a terrorist offense. With the unlimited statute of limitations in which to bring a terrorist prosecution, this creates a legal limbo where property of an uncharged person could be held indefinitely. I suggest language to cure these problems. Additionally, concerns regarding the proposed new Section 16.5 that would be added to both the Solicitation for Charity Act and Charitable Trust Act have been brought to my attention. As passed, House Bill 2299 allows the Attorney General to freeze the assets of an individual suspected of violating this act. However, charities suspected of directly or indirectly supporting terrorism would be subject to having all their assets seized even before a hearing date is set. While I agree that the Attorney General should be able to seize any books or records necessary for his investigation, seizure of a charity's assets before a hearing or any due process would not appear necessary to accomplish the purposes of this bill and may prove to be problematic for innocent charities. I do believe that a charity directly or even indirectly involved in supporting terrorism should be subject to the same strict penalties outlined for individuals or organizations that actually commit terrorist acts, but I do not believe that such charities ought to be subjected to different and more severe penalties. I have suggested changes that will provide charities with protections that are more in line with those proposed for individuals who violate this act. House Bill 2299 allows untrained persons to conduct wiretap intercepts. Under current law any person who conducts a wiretap must be a trained electronic criminal surveillance officer. When the State wiretap law was enacted, it was agreed that only trained law enforcement personnel would carry out these intercepts. Such training is essential not only to minimize the intrusive nature on such electronic surveillance, but also to guarantee conformity with the court order authorizing the wiretap. House Bill 2299 creates a huge exception to this provision and will allow any untrained person approved by the court to conduct a wiretap interception. This new exception is not limited to terrorism offenses as are the other changes to the wiretap law, and will apply to any offense for which a wiretap order can currently be obtained. This new provision also is not affected by the sunset provision for the terrorism measurers, so it will remain in the law. Because it is not limited to terrorist offenses, this exception could become the most used provision in the whole bill. I find little justification for allowing untrained persons to conduct wiretaps since training is readily available for law enforcement personnel. Not only does the scope of this provision reach far beyond Illinois laws governing terrorism without any justification whatsoever, but it may actually prove to make prosecution of terrorist acts more difficult by disqualifying important evidence due to mistakes
[February 13, 2002] 8 made by untrained personnel carrying out complicated electronic surveillance. I believe this provision should be removed. House Bill 2299 requires a physician who is treating a condition the physician suspects is the result of the patient engaging in terrorist activity to report this to law enforcement. Failure to so report even by a physician who is otherwise without knowledge or involvement in the terrorist activity is a criminal offense. This mandated reporting is a violation of doctor-patient privilege and the medical confidentiality provisions. Accordingly, the medical confidentiality statute should be amended, as it has for certain other criminal offenses, to allow the mandated reporting without violating the confidentiality provisions. There are also certain other technical problems with the bill for which I propose changes. Therefore, I make the following specific recommendations for change: on page 1, line 22, by deleting "and assets"; and on page 1, line 24, by inserting "and freezing of all assets" after "Police"; and on page 2, line 17, by replacing "Section" with "Sections 4 and"; and on page 2, by inserting between lines 17 and 18 the following: "(430 ILCS 65/4) Section 4. (a) Each applicant for a Firearm Owner's Identification Card must: (1) Make application on blank forms prepared and furnished at convenient locations throughout the State by the Department of State Police; and (2) Submit evidence under penalty of perjury to the Department of State Police that: (i) He or she is 21 years of age or over, or if he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card; (ii) He or she has not been convicted of a felony under the laws of this or any other jurisdiction; (iii) He or she is not addicted to narcotics; (iv) He or she has not been a patient in a mental institution with the past 5 years. (v) He or she is not mentally retarded; (vi) He or she is not an alien who is unlawfully present in the United States under the laws of the United States; (vii) He or she is not subject to an existing order of protection prohibiting him or her from possessing a firearm. (viii) He or she has not been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed; (ix) He or she has not been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after the effective date of this amendatory Act of 1997; and (x)He or she has not been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997; and (xi)He or she is not an alien who has been admitted to the United States under a non-immigrant visa (as the term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)26))), or that he or she is an alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is: (1) admitted to the United States for lawful hunting or sporting purposes; (2) an official representative of a foreign government who is:
9 [February 13, 2002] (A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States: or (B) en route to or from another country to which that alien is accredited; (3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State; (4) a foreign law enforcement officer of a friendly foreign government entering the United State on official business; or (5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922 (y)(3); and (3) Upon request by the Department of State Police, sign a release on a form prescribed by the Department of State Police waiving any right to confidentiality and requesting the disclosure to the Department of State Police of limited mental health institution admission information from another state, the District of Columbia, any other territory of the United States, or a foreign nation concerning the applicant for the sole purpose of determining whether the applicant is or was a patient in a mental health institution and disqualified because of that status from receiving a Firearm Owner's Identification Card. No metal health care or treatment records may be requested. The information received shall be destroyed within one year of receipt. (b) Each application form shall include the following statement printed in bold type: "Warning: False statements of the applicant shall result in prosecution for perjury in accordance with Section 32-2 of the Criminal Code of 1961.". (c) Upon such written consent, pursuant to Section 4, paragraph (a) (2) (i), the parent or legal guardian giving the consent shall be liable for any damages resulting from the applicant's use of firearms or firearm ammunition."; and on page 4, line 28, by replacing "9-1, 14-3," with "14-3"; and on page 4, by deleting lines 30 through 32; and by deleting pages 5 through 12; and on page 13, by deleting lines 1 through 29; and on page 22, line 32, by replacing "agriculture" with "or in connection with agricultural production"; and on page 30, line 19, by inserting "or any person claiming an interest in the property" after "person"; and on page 32, line 12, by inserting "within 60 days" after "Article"; and on page 32, line 16, by inserting "immediately" after "shall; and on page 36, by inserting after line 23 the following: (c) Exemptions from forfeiture. A property interest is exempt from forfeiture under this Section if its owner or interest holder establishes by a preponderance of evidence that the owner or interest holder: (A)(i) in the case of personal property, is not legally accountable for the conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur, or (ii) in the case of real property, is not legally accountable for the conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture; and (B) had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arms length commercial transaction; and (C) with respect to conveyances, did not hold the property jointly or in common with a person whose conduct gave rise to the forfeiture; and (D) does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the
[February 13, 2002] 10 forfeiture; and (E) that the owner or interest holder acquired the interest: (i) before the commencement of the conduct giving rise to its forfeiture and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (ii) after the commencement of the conduct giving rise to its forfeiture, and the owner or interest holder acquired the interest as a mortgagee, secured creditor, lien holder, or bona fide purchaser for value without knowledge of the conduct which gave rise to the forfeiture; and (a) in the case of personal property, without knowledge of the seizure of the property for forfeiture; or (b) in the case of real estate, before the filing in the office of the Recorder of Deeds of the county in which the real estate is located of a notice of seizure for forfeiture or a lis pendens notice."; and on page 56, line 22, by deleting "or court approved designee"; and on page 84, line 8, by deleting "and assets"; and on page 84, line 10, by inserting "and freezing of all assets" after "Police"; and on page 84, by inserting after line 32 the following: Section 40. The Code of Civil Procedure is amended by changing Section 8-802 as follows: (735 ILCS 5/8-802) Section 8-802. Healthcare practitioner and patient. No physician, surgeon, psychologist, nurse, mental health worker, therapist, or other healing art practitioner (referred to in this Section as "healthcare practitioner") shall be permitted to disclose any information he or she may have acquired in attending any patient in a professional character, necessary to enable him or her professionally to serve the patient, except only (1) in trials for homicide when the disclosure relates directly to the fact or immediate circumstances of the homicide, (2) in actions, civil or criminal, against the healthcare practitioner for malpractice (in which instance the patient shall be deemed to waived all privileges relating to physical or mental condition), (3) with the expressed consent of the patient, or in case of his or her death or disability, of his of her personal representative or other person authorized to sue for personal injury or of the beneficiary of an insurance policy on his or her life, health, or physical condition, (4) in all actions brought by the patient, his or her personal representative, a beneficiary under a policy of insurance, or the executor or administrator of his or her estate wherein the patient's physical or mental condition is an issue (in which instance the patient shall be deemed to have waived all privileges relating to physical or mental condition), (4.1) in all actions brought against the patient, his or her personal representative, a beneficiary under a policy of insurance, or the executor or administrator of his or her estate wherein the patient's physical or mental condition is an issue, (5) upon an issue as to the validity of a document as a will of the patient, (6) in any criminal action where the charge is either first degree murder by abortion, attempted abortion or abortion, (7) in actions, civil or criminal, arising from the filing of a report in compliance with the Abused and Neglected Child Reporting Act, (8) to any department, agency, institution or facility which has custody of the patient pursuant to State statute or any court order of commitment, (9) in prosecutions where written results blood alcohol tests are admissible pursuant to Section 11-501.4 of the Illinois Vehicle Code or (10) in prosecutions where written results of blood alcohol tests are admissible under Section 5-11a of the Boat Registration and Safety Act or (11) in criminal actions arising from the filing of a report of suspected terrorist offense in compliance with Section 29D-10(p)(7) of the Criminal Code of 1961. In all instances where a patient or the patient's representative seeks damages for personal injury, death, pain and suffering, or mental or emotional injury and where a written request pursuant to Section
11 [February 13, 2002] 2-1003 has been made, then (1) the healthcare practitioner is authorized to provide information regarding the patient to attorneys for any of the parties in pending civil, criminal, or administrative proceedings in written or verbal form as described in Section 2-1003 and (2) any attorney for any party in any civil, criminal, or administrative action brought by or against a patient, his or her personal representative, a beneficiary under a policy of insurance, or the executor or administrator of his or her estate wherein the patient's physical or mental condition is an issue may obtain in written or verbal from as described in Section 2-1003 any information that any healthcare practitioner has acquired in attending to the patient in a professional character. Nothing in this Section shall preclude or limit any formal discovery. A health care practitioner, as defined in Section 2-1003, shall have the right to (1) communicate at any time and in any fashion with his or her own counsel and professional liability insurer concerning any care or treatment he or she provided, or assisted in providing, to any patient and (2) communicate at any time and in any fashion with his or her present or former employer, principal, partner, professional corporation, professional liability insurer, or counsel for the same, concerning care or treatment he or she provided or assisted in providing, to any patient during the pendency and within the scope of his or her employment or affiliation with the employer, principal, partner, or professional corporation. In the event of a conflict between the application of this Section and the Mental Health and Developmental Disabilities Confidentiality Act to a specific situation, the provisions of the Mental Health and Developmental Disabilities Confidentiality Act shall control. This amendatory Act of 1995 applies to causes of action filed on or after its effective date." With these specific recommendation for change, House Bill 2299 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR February 8, 2002 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 3098 entitled "AN ACT concerning meetings of public bodies," with my specific recommendations for change. House Bill 3098 amends the Open Meetings Act to require the presiding officer of a closed meeting of a public body to certify that the closed meeting discussion did not violate the Open Meetings Act.
[February 13, 2002] 12 The bill provides the specific statutory form to be used for the certification, and requires that the certification be made available for inspection and copying within seven working days after the meeting. I have been contacted by over one hundred local officials and local government associations regarding their concerns and questions with respect to this legislation. I believe many of these concerns are valid. One concern is regarding the certification by the presiding officer that the closed meeting did not violate the Open Meetings Act. House Bill 3098 fails to address the scenario when a violation of the Illinois Open Meetings Act does occur. If a presiding officer believes a violation did occur, and refuses to sign the certification, he or she would be in violation of the law. If, however, the presiding officer did sign the certification and the meeting did indeed violate the Open Meetings Act, the officer would again be in violation of the law. A change is necessary to protect a presiding officer who acts in good faith by refusing to sign the certification making him or her personally liable. Such a change would comply with the intent of House Bill 3098 because failure to file the certification would alert the public to a potential violation of the Open Meetings Act and prompt the current enforcement proceedings in the Act. This bill further requires the presiding officer to certify that he or she understands Section 2 of the Open Meetings Act. There are 23 exceptions in this section that allow a public body to hold a closed meeting and many of these exceptions are subject to legal interpretation. The presiding officer at these meetings is seldom an attorney, and I can not sign a law that would burden local government officials to interpret such a complicated law. This burden would create confusion and may act as a disincentive to many Illinois citizens who volunteer their time and talents to serve in government. Therefore, in order to avoid unintended consequences and to limit the burdens that may be placed on local officials, I hereby return House Bill 3098 with the following specific recommendations for change: On page 2, line 2, by inserting ",if it is the case," after "writing"; and On page 3, line 2, delete the word "UNDERSTAND" and replace with the words "HAVE READ". With these changes, House Bill 3098 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor STATE OF ILLINOIS OFFICE OF THE GOVERNOR SPRINGFIELD, 62706 GEORGE H. RYAN GOVERNOR February 8, 2002 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to the authority vested in the Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and re-affirmed by
13 [February 13, 2002] the People of the State of Illinois by popular referendum in 1974, and conforming to the standard articulated by the Illinois Supreme Court in People ex Rel. Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387 (1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d 356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186 (1987), that gubernatorial action be consistent with the fundamental purposes and the intent of the bill, I hereby return House Bill 3247 entitled "AN ACT in relation to certain land," with my specific recommendations for change. House Bill 3247 proposes to release easements, restore access rights and convey interest in certain described in Illinois for the Illinois Department of Transportation. It also proposes property transfers for the Illinois Attorney General, the Department of Central Management Services, the Department of Corrections and the Department of Natural Resources. It also would allow the Cook County Forest Preserve to transfer certain excess property and allow the Metropolitan Water Reclamation District to annex additional property. With respect to one parcel under the control of the Department of Transportation House Bill 3247 contains an inaccurate legal description in Section 985. The legal description included in the bill for the Ariston Cafe' is for property already owned by the cafe', not the excess property that they are seeking to annex. The sponsors of this conveyance agree it should be removed from the bill. Concerns have been raised recently regarding the conveyance of parcels of recreational open space and wetlands adjacent to the Illinois Youth Center from the Department of Corrections to the cities of St. Charles and Geneva. Some have questioned why the State would convey these large parcels of land at not cost while in the midst of declining state revenues. They argue that the State instead should consider selling this open space to help solve the budget shortfall. The fact is these hundreds of acres of open space would have a value of $16 million to $20 million only if it were sold to developers, thereby depriving area residents of vital recreational land they have enjoyed for 30 years. It also should be noted that over 100 years ago community residents donated this land to the State; therefore, it is reasonable for these communities to except that they should not be required to buy back surplus parcels the State does not need. My Administration has helped preserve more than 68,000 acres of land for public use, a record amount that eclipses the 38,000 acres preserved during the previous eight years. My $200 million Open Land Trust program is unparalleled in the history of Illinois in preserving some 42,000 acres of open space, parkland, natural areas and recreational trails for the public trust. The ongoing Conservation 2000 program, which is designed to preserve and enhance wildlife habitats and to increase recreational facilities, has protected more than 21,000 acres since I took office. Our efforts also include the Conservation Reserve Enhancement Program, a $500 million, multi-year federal-state program to reduce erosion and restore wetlands and habitats in areas like the Illinois River. Since 1999, the CREP program has restored more than 115,000 acres and permanently protected more than 15,000 acres of floodplain. Given the great strides we have made in preserving open space in Illinois over the past three years, I will not agree with the short-sighted notion that we try to help solve today's temporary budget shortfall by resorting to the permanent loss of this vast acreage of open space. Finally, while the local recipients of these conveyances have agreed to hold the land in the public trust, I believe the State should require this in the law as a condition of conveyances. Therefore, I recommend that language be added to the bill causing the land to revert to State ownership if the local owners fail in the future to abide by their commitment. For these reasons, I hereby return House Bill 3247 with the following specific recommendations for change: On page 74, after line 30, insert: "Language establishing a reverter without further action to the
[February 13, 2002] 14 State of Illinois should the land be used for purposes other than public purposes shall be placed in the quitclaim deed conveying said property,"; and On page 77, after line 32, insert: Language establishing a reverter without further action to the State of Illinois should the land be used for purposes other than public purposes shall be placed in the quitclaim deed conveying said property."; and On page 79, line 2, delete "100" and replace it with "10"; and On page 79, line 3, delete "east", and replace it with "west"; and On page 79, after line 4, insert: "Language establishing a reverter without further action to the State of Illinois should the land be used for purposes other than public purposes shall be placed in the quitclaim deed conveying said property."; and On page 80, after line 4, insert: "Language establishing a reverter without further action to the State of Illinois should the land be used for purposes other than public purposes shall be placed in the quitclaim deed conveying said property."; and On page 83, after line 23, insert: "Language establishing a reverter without further action to the State of Illinois should the land be used for purposes other than public purposes shall be placed in the quitclaim deed conveying said property."; and On page 84, after line 26, insert: "Language establishing a reverter without further action to the State of Illinois should the land be used for purposes other than public purposes shall be placed in the quitclaim deed conveying said property."; and On page 104, delete lines 28 through 32; and On page 105, delete lines 1 through 21. With these changes, House Bill 3247 will have my approval. I respectfully request your concurrence. Sincerely, s/GEORGE H. RYAN Governor COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Aging: HOUSE BILL 6040. Committee on Agriculture: HOUSE BILLS 5655 and 6023. Committee on Appropriations-Elementary & Secondary Education: HOUSE BILLS 4993, 5604, 5777, 5811, 5813, 5992 and 5993. Committee on Appropriations-General Services: HOUSE BILLS 5007, 5722, 5723, 5724, 5945, 5984, 5985, 5986, 5987, 5988 and 5994. Committee on Appropriations-Higher Education: HOUSE BILLS 5989, 5990 and 5991; HOUSE RESOLUTION 661. Committee on Appropriations-Human Services: HOUSE BILLS 5612, 5717, 5899, 5975, 5976, 5977, 5979 and 5995. Committee on Appropriations-Public Safety: HOUSE BILLS 4956, 5980, 5981, 5982 and 5983. Committee on Child Support Enforcement: HOUSE BILLS 5632 and 5695. Committee on Children & Youth: HOUSE BILLS 5743, 5907, 5965, 5966 and 5967. Committee on Cities & Villages: HOUSE BILLS 5577, 5781 and 6011. Committee on Computer Technology: HOUSE BILLS 5808, 5809, 5910, 5911 and 6000. Committee on Conservation & Land Use: HOUSE BILLS 5727, 5728 and 6013.
15 [February 13, 2002] Committee on Constitutional Officers: HOUSE BILLS 4084, 5829, 5921, 5941, 5997, 6004 and 6034. Committee on Consumer Protection: HOUSE BILLS 79, 5575, 5580, 5581, 5582, 5693, 5847, 5848, 5872, 5909 and 5944. Committee on Counties & Townships: HOUSE BILLS 5592, 5654, 5694, 5712, 5715, 5783, 5785 and 5824. Committee on Elections & Campaign Reform: HOUSE BILLS 5576, 5601, 5646, 5647 and 5956. Committee on Elementary & Secondary Education: HOUSE BILLS 364, 3704, 3705, 4991, 5598, 5605, 5660, 5661, 5662, 5663, 5664, 5700, 5739, 5778, 5780, 5812, 5897, 5939, 6038 and 6050. Committee on Environment & Energy: HOUSE BILLS 3768, 4992, 5720, 5730, 5948, 5958, 5960, 5961 and 6022. Committee on Executive: HOUSE BILLS 4054, 4077, 5000, 5593, 5597, 5610, 5611, 5684, 5686, 5687, 5688, 5689, 5690, 5806, 5922, 5923, 5924 and 5998; HOUSE JOINT RESOLUTION 7. Committee on Financial Institutions: HOUSE BILLS 5737, 5742, 5839 and 5840. Committee on Health Care Availability & Access: HOUSE BILLS 1984, 5733, 5908, 5963 and 6033. Committee on Higher Education: HOUSE BILLS 5015, 5599, 5810, 5895, 6007 and 6031. Committee on Human Services: HOUSE BILLS 5571, 5656, 5659, 5841, 5844, 5868, 5869, 5870, 5871, 5906, 5920, 5957, 6001, 6002, 6024, 6025, 6028, 6042 and 6046. Committee on Insurance: HOUSE BILLS 5596, 5606, 5607, 5608, 5609, 5740, 5789, 5790, 5800, 5842, 5930, 5964 and 6045. Committee on Judiciary I-Civil Law: HOUSE BILLS 4999, 5681, 5771, 5827 and 5936. Committee on Judiciary II-Criminal Law: HOUSE BILLS 4074, 4997, 5002, 5003, 5004, 5578, 5590, 5602, 5625, 5628, 5636, 5637, 5638, 5639, 5641, 5642, 5644, 5645, 5648, 5649, 5650, 5651, 5652, 5653, 5657, 5658, 5670, 5671, 5678, 5680, 5708, 5713, 5714, 5718, 5719, 5732, 5788, 5792, 5793, 5794, 5798, 5830, 5831, 5837, 5843,; 5873, 5874, 5886, 5887, 5889, 5890, 5891, 5903, 5925, 5926, 5934, 5935, 5952, 5999, 6019 and 6051. Committee on Labor: HOUSE BILLS 1871, 1872, 5617, 5626, 5738, 5784, 5863, 5962 and 5996. Committee on Public Utilities: HOUSE BILLS 4168, 5709, 5782, 5838, 5851 and 6052. Committee on Registration & Regulation: HOUSE BILLS 5775, 5803, 5846, 6003 and 6049. Committee on Revenue: HOUSE BILLS 578, 3752, 3761, 4082, 5616, 5631, 5734, 5779, 5804, 5828, 5927 and 6012. Committee on State Government Administration: HOUSE BILLS 3699, 3809, 4078, 4451, 5685, 5705, 5706, 5807, 5821, 5849, 5888, 5919, 5937 and 6026; HOUSE JOINT RESOLUTION 55. Committee on The Disabled Community: HOUSE BILL 5579. Committee on Transportation & Motor Vehicles: HOUSE BILLS 670, 4447, 5583, 5615, 5858, 5912, 5943 and 6018. Committee on Veterans' Affairs: HOUSE BILLS 4932 and 4937. Special Committee on State Procurement: HOUSE BILL 4996. COMMITTEE ON RULES REASSIGNMENTS Representative Currie, from the Committee on Rules, recalled HOUSE BILL 400 from the Committee on Health Care Availability & Access and reassigned it to the Committee on Aging. HOUSE BILL 4001 from the Committee on Health Care Availability & Access and reassigned it to the Committee on Aging. HOUSE BILL 4052 from the Committee on Agriculture and reassigned it to the Committee on Consumer Protection. HOUSE BILL 4055 from the Committee on Financial Institutions and reassigned it to the Committee on Consumer Protection.
[February 13, 2002] 16 HOUSE BILL 4208 from the Committee on Judiciary I-Civil Law and reassigned it to the Committee on Human Services. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 4152 and 4948. CHANGE OF SPONSORSHIP Representative Black asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4168. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 658 Offered by Representative Winkel: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Richard "Whoop" Dean, who passed away January 28, 2002; and WHEREAS, Mr. Dean, son of J. H. and Elsie Mae Crowley Dean, was born September 3, 1941 in Piatt County; he married Muriel Price on January 27, 1967 in Mahomet, Illinois; and WHEREAS, Mr. Dean was the Newcomb Township road commissioner and was a member and officer in both the Champaign County Highway Commissioner Association and the East Central Illinois Highway Commissioners Association; and WHEREAS, Mr. Dean served with the Illinois National Guard from 1965 to 1971; he was also a life member of AMVETS Post 52 at Fisher; Mr. Dean's interests included camping and fishing; and WHEREAS, The passing of Richard Dean of Mahomet will be deeply felt by all those who knew him and loved him, especially by his wife, Muriel; his daughters, Cindy Runge and Dawna Qualls; his sons, Jimmy Dean and Joel Moore; his brother, J. H. "Buck" Dean; his sisters, Dorothy Rittenhouse, Ginny Sparks, Janet Morgan, and Leatha Dykes; and his four grandchildren; 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 him, the passing of Richard "Whoop" Dean of Mahomet; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Richard "Whoop" Dean. HOUSE RESOLUTION 660 Offered by Representative Bill Mitchell: WHEREAS, The members of the Illinois House of Representatives are honored to recognize significant events in the lives of the people of Illinois; and WHEREAS, It has come to our attention that Betty Callahan of Clinton, Illinois recently celebrated the one-hundredth anniversary of her birth at an open house organized by her granddaughters, Jill Hull and Bonnie Cooper; and WHEREAS, Ms. Callahan was born January 18, 1902, and attended beauty school in Chicago, Illinois in 1922; and WHEREAS, Ms. Callahan has led an exciting and fruitful life, including a visit to the 1940 New York World's Fair and a date with Al Capone; and WHEREAS, Ms. Callahan has stayed in Clinton for most of her life,
17 [February 13, 2002] also living in New Orleans, Louisiana, and Hemit, California; and WHEREAS, Ms. Callahan, who lives in her own home and does her own cooking and housework, attributes her longevity and good health to her cheerful attitude and faith in God, and possibly to the warm glass of milk she drinks before bed each night; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Betty Callahan on the occasion of her 100th birthday and extend to Ms. Callahan our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Betty Callahan as an expression of our respect and esteem. RESOLUTION The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 651 Offered by Representative Stephens: WHEREAS, Our nation has experienced a revival of patriotism since the catastrophic events of September 11, 2001; and WHEREAS, Television and photographic images have depicted countless Americans expressing their love of their country through the proud display of the flag of the United States; and WHEREAS, The media's portrayal of this honest emotion is in sharp contrast to the political correctness the media have long aided and abetted, a political correctness that relegated the patriotic display of the American flag to the category of an insensitive, offensive activity; and WHEREAS, That notion perhaps can be traced to the traumatic college protests and demonstrations of the Vietnam era when posters proclaimed that nothing is worth dying for, and to foreign enemies who have delighted in trampling and burning the American flag; and WHEREAS, Such anti-American sentiments and ugly scenes convey the values that our Founding Fathers would find most offensive and that our children may accept as the norm if we do not teach them otherwise by our example; and WHEREAS, The proud and unencumbered expression of patriotism is one of the hallmarks of American democracy; and WHEREAS, The citizens of Illinois expect their State government to reflect and encourage their deep love for the star-spangled banner; and WHEREAS, The use of State funds by anyone who would prevent others from reverently displaying the red, white, and blue offends the sensibilities of all Illinoisans; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we strongly insist that no State funds, from whatever source derived, be transferred for any purpose to any individual or other entity that prohibits the patriotic display of the flag of the United States in public places or areas or that may in turn transfer those funds to another individual or entity that prohibits such a display of the flag of the United States. HOUSE RESOLUTION 659 Offered by Representative Bellock: WHEREAS, The Baltic States of Estonia, Latvia, and Lithuania are free, democratic, and independent nations with a long and proud history; and WHEREAS, The North Atlantic Treaty Organization (NATO) is dedicated to the preservation of the freedom and security of its member nations; and WHEREAS, The Baltic States of Estonia, Latvia, and Lithuania desire to share in both the benefits and obligations of NATO in pursuing the development, growth, and promotion of democratic institutions and
[February 13, 2002] 18 ensuring free market economic development; and WHEREAS, Those nations recognize their responsibilities as democratic nations and wish to exercise these responsibilities in concert with members of NATO; and WHEREAS, The Baltic States desire to become part of NATO's efforts to prevent the extremes of nationalism; and WHEREAS, The security of the United States is dependent upon the stability of central Europe; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we support the admission of the Baltic States of Estonia, Latvia, and Lithuania to the North Atlantic Treaty Organization; and be it further RESOLVED, That suitable copies of this resolution be delivered to the President of the United States, the President pro tempore of the U.S. Senate, the Committee on Foreign Relations of the U.S. Senate, the Speaker of the U.S. House of Representatives, the Committee on International Relations of the U.S. House of Representatives, and each member of the Illinois congressional delegation. HOUSE RESOLUTION 661 Offered by Representative Younge: WHEREAS, The State of Illinois recognizes the critical role quality public education plays in the lives of its citizens and the health of its economy; and WHEREAS, The cost of higher education has increased dramatically in Illinois and throughout the nation in the past two decades; the State is committed to providing an affordable education to all students regardless of economic status; and WHEREAS, The State of Illinois is proud of its esteemed public higher education system and will work to continue building its reputation; and WHEREAS, The State of Illinois has long supported excellence in undergraduate and graduate education through competitively funding faculty salaries and other initiatives to make our system of higher education among the best in the nation; and WHEREAS, The whole nation is experiencing financial strain and the State and its universities must find ways to fund their services; and RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge our public higher education institutions, in this time of fiscal crisis, to refrain from raising student tuition and fees; and be it further RESOLVED, That a suitable copy of this resolution be sent to the Board of Higher Education. HOUSE RESOLUTION 662 Offered by Representative Brunsvold: WHEREAS, The public employee pension funds of Illinois control billions of dollars of assets, which must be invested safely and carefully for the benefit of thousands of public employees in Illinois and their beneficiaries; and WHEREAS, Venture capital partnerships that invest in small businesses and other ventures can improve a pension fund's rate of investment return and contribute significantly to the economic development of this State; and WHEREAS, It has been proposed that the portion of public employee pension fund assets currently invested in venture capital partnerships could be increased without significant risk to the pension funds; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we respectfully request the Illinois Economic and Fiscal Commission to conduct a study of the investment of pension fund assets in venture capital partnerships by the Illinois State Board of Investment and the pension funds and retirement systems organized under Articles 5, 6, 7, 8, 9, 11, 15, 16,
19 [February 13, 2002] and 17 of the Illinois Pension Code, with emphasis on the following questions: (1) For each of the pension funds under consideration, what percentage of the total assets of the fund are currently invested directly or indirectly in venture capital partnerships? (2) For each of the venture capital partnerships that a pension fund is currently invested in, what is the name of the partnership and what is the location of the partnership headquarters? (3) With respect to each investment by a pension fund in a venture capital partnership, what is the date or dates of the pension board approval of the investment, what is the date or dates during which the investment occurred, what is the total investment of the pension fund, and what is the percentage of equity and debt interest of the pension fund in the venture capital partnership? (4) With respect to the venture capital investments made by venture capital partnerships in which a pension fund has invested, what is: (a) the name of the enterprise in which the venture capital partnership has invested; (b) the location of the headquarters of the enterprise; (c) the total capitalization of the enterprise at the time of the venture capital partnership investment; (d) the present nature and description of the enterprise's business; (e) the stage of development of the enterprise at the time of the investment (seed, start-up, early expansion, middle expansion, later expansion, or transition); (f) the economic sector or sectors to which the enterprise's business belongs (for example: agriculture, financial services, or biotechnology); and (g) the current percentage of public and private ownership of the enterprise? (5) With respect to each venture capital partnership in which a pension fund makes investments, what are the separate numbers and percentages of investments made in enterprises that are headquartered in Illinois? (6) For each pension fund that invests in venture capital partnerships, what is the annual and cumulative rate of return for each separate investment in a venture capital partnership, what is the aggregate annual and cumulative rate of return of all of the pension board's investments in venture capital partnerships, and how do these returns compare to the national averages of annual and cumulative rates of return for venture capital partnerships? and be it further RESOLVED, That this study shall not include consideration of investments by pension funds in "fund of funds" venture capital partnerships whose investments involve limited partnerships investing in other limited partnerships; and be it further RESOLVED, That the results of this study be presented to the General Assembly by October 1, 2002; and be it further RESOLVED, That a copy of this resolution be delivered to the Executive Director of the Illinois Economic and Fiscal Commission. HOUSE JOINT RESOLUTION 62 Offered by Representative Currie: BE IT RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HERE, that the two Houses shall convene in Joint Session on Wednesday, February 20, 2002 at the hour of 12:00 o'clock noon, for the purpose of hearing his Excellency Governor George Ryan present to the General Assembly his Report on the Condition of the State, required by Article V, Section 13, of the Constitution of the State of Illinois and to hear the Budget Message for Fiscal Year 2003, as required by Chapter
[February 13, 2002] 20 15, Act 20/38, of the Illinois Compiled Statues. HOUSE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 3653, 3672, 3710, 4004, 4007 and 4092. HOUSE BILL 3657. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILL 3708. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3708 AMENDMENT NO. 1. Amend House Bill 3708, after Section 5, by inserting the following: "Section 10. The Dietetic and Nutrition Services Practice Act is amended by changing Sections 10, 20, 30, 45, and 95 and by adding Section 55 as follows: (225 ILCS 30/10) (from Ch. 111, par. 8401-10) (Section scheduled to be repealed on December 31, 2002) Sec. 10. Definitions. As used in this Act: "Board" means the Dietetic and Nutrition Services Practice Board appointed by the Director. "Department" means the Department of Professional Regulation. "Dietetics" means the integration and application of principles derived from the sciences of food and nutrition to provide for all aspects of nutrition care for individuals and groups, including, but not limited to nutrition services and medical nutrition therapy
21 [February 13, 2002] licensed to practice medicine in all of its branches. "Nutrition assessment" means the evaluation of the nutrition needs of individuals or groups using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations. "Nutrition counseling" means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment. "Nutrition services for individuals and groups" shall include, but is not limited to, all of the following; (a) Providing nutrition assessments relative to preventive maintenance or restorative care. (b) Providing nutrition education and nutrition counseling as components of preventive maintenance or restorative care. (c) Developing and managing systems whose chief function is nutrition care. Nutrition services for individuals and groups does not include medical nutrition therapy
[February 13, 2002] 22 employment. (h) The practice of nutrition services by any person who provides weight control services, provided the nutrition program has been reviewed by, consultation is available from, and no program change can be initiated without prior approval by an individual licensed under this Act, a dietitian or nutrition counselor licensed in another state that has licensure requirements considered by the Department to be at least as stringent as the requirements for licensure under this Act, or a registered dietitian. (i) The practice of nutrition services or dietetics by any person with a masters or doctorate degree with a major in nutrition or equivalent from a regionally accredited school recognized by the Department for the purpose of education and research. (j) Any person certified in this State and who is employed by a facility or program regulated by the State of Illinois from engaging in the practice for which he or she is certified and authorized by the Department. (k) The practice of nutrition services by a graduate of a 2 year associate program or a 4 year baccalaureate program from a school or program accredited at the time of graduation by the appropriate accrediting agency recognized by the Council on Higher Education
23 [February 13, 2002] geographic areas in this State. Any time there is a vacancy on the Board, any professional association composed of persons licensed under this Act may recommend licensees to fill the vacancy to the Board for the appointment of licensees, the organization representing the largest number of licensed physicians for the appointment of physicians to the Board, and the organization representing the largest number of licensed professional nurses for the appointment of a nurse to the Board. Members of the Board shall have no liability in any action based upon any disciplinary proceeding or other activity performed in good faith as members of the Board. The Director shall have the authority to remove any member of the Board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct. The Director shall consider the recommendation of the Board on questions of standards of professional conduct, discipline, and qualifications of candidates or licensees under this Act. (Source: P.A. 87-784; 87-1000.) (225 ILCS 30/45) (from Ch. 111, par. 8401-45) (Section scheduled to be repealed on December 31, 2002) Sec. 45. Dietitian; qualifications. A person shall be qualified for licensure as a dietitian if that person meets all of the following requirements: (a) Has applied in writing in form and substance acceptable to the Department and possesses a baccalaureate degree or post baccalaureate degree in human nutrition, foods and nutrition, dietetics, food systems management, nutrition education, or an equivalent major course of study as recommended by the Board and approved by the Department from a school or program accredited at the time of graduation from the appropriate accrediting agency recognized by the Council on Higher Education
[February 13, 2002] 24 (b) Has successfully completed the examination authorized by the Department. (c) Has completed documented practice experience of not less than 900 hours which is supervised by a licensed health care practitioner and authorized by the Department. This may be or may include an equivalent, supervised practice experience in nutrition services that is a component of the baccalaureate or postbaccalaureate program specified for licensure under this Act, as recommended by the Board and authorized by the Department. (Source: P.A. 87-784; 87-1000.) (225 ILCS 30/55 new) (Section scheduled to be repealed on December 31, 2002) Sec. 55. Issuance of licenses. Any person applying for licensure as a nutrition counselor must submit his or her application to the Department, no later than July 1, 2004, in accordance with the provisions of this Act. Beginning January 1, 2005, the Department shall not issue any additional licenses for nutrition counselors. Any person holding a valid license as a nutrition counselor on January 1, 2005 may retain his or her license and shall be subject to continued regulation by the Department under this Act. Any nutrition counselor license that lapses on or after January 1, 2005 shall not be renewed or restored. (225 ILCS 30/95) (from Ch. 111, par. 8401-95) (Section scheduled to be repealed on December 31, 2002) Sec. 95. Grounds for discipline. The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department may deem proper, including fines not to exceed $1000 for each violation, with regard to any license or certificate for any one or combination of the following causes: (a) Material misstatement in furnishing information to the Department. (b) Violations of this Act or its rules. (c) Conviction of any crime under the laws of the United States or any state or territory thereof that is (i) a felony; (ii) a misdemeanor, an essential element of which is dishonesty; or (iii) a crime that is directly related to the practice of the profession. (d) Making any misrepresentation for the purpose of obtaining licensure or violating any provision of this Act. (e) Professional incompetence or gross negligence. (f) Malpractice. (g) Aiding or assisting another person in violating any provision of this Act or its rules. (h) Failing to provide information within 60 days in response to a written request made by the Department. (i) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud, or harm the public. (j) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety. (k) Discipline by another state, territory, or country if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act. (l) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered. (m) A finding by the Department that the licensee, after having his or her license placed on probationary status, has violated the terms of probation. (n) Conviction by any court of competent jurisdiction, either within or outside this State, of any violation of any law governing
25 [February 13, 2002] the practice of dietetics or nutrition counseling, if the Department determines, after investigation, that the person has not been sufficiently rehabilitated to warrant the public trust. (o) A finding that licensure has been applied for or obtained by fraudulent means. (p) Practicing or attempting to practice under a name other than the full name as shown on the license or any other legally authorized name. (q) Gross and willful overcharging for professional services including filing statements for collection of fees or monies for which services are not rendered. (r) Failure to (i) file a return, (ii) pay the tax, penalty or interest shown in a filed return, or (iii) pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until the requirements of any such tax Act are satisfied. (s) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act. In enforcing this Section, the Board, upon a showing of a possible violation, may compel a licensee or applicant to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physician or clinical psychologist shall be specifically designated by the Board. The Board or the Department may order (i) the examining physician to present testimony concerning the mental or physical examination of a licensee or applicant or (ii) the examining clinical psychologist to present testimony concerning the mental examination of a licensee or applicant. No information may be excluded by reason of any common law or statutory privilege relating to communications between a licensee or applicant and the examining physician or clinical psychologist. An individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of an individual to submit to a mental or physical examination, when directed, is grounds for suspension of his or her license. The license must remain suspended until the time that the individual submits to the examination or the Board finds, after notice and a hearing, that the refusal to submit to the examination was reasonable. If the Board finds that an individual is unable to practice because of the reasons set forth in this Section, the Board must require the individual to submit to care, counseling, or treatment by a physician or clinical psychologist approved by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. In lieu of care, counseling, or treatment, the Board may recommend that the Department file a complaint to immediately suspend or revoke the license of the individual or otherwise discipline him or her. Any individual whose license was granted, continued, reinstated, or renewed subject to conditions, terms, or restrictions, as provided for in this Section, and any individual who was disciplined or placed on supervision pursuant to this Section must be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately pending a hearing by the Board. The Department shall deny any license or renewal under this Act to any person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission; however, the Department may issue a license or renewal if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission. The determination by a circuit court that a registrant is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. This suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Director that
[February 13, 2002] 26 the registrant be allowed to resume practice. (Source: P.A. 87-784; 87-1000.) (225 ILCS 30/60 rep.) Section 15. The Dietetic and Nutrition Services Practice Act is amended by repealing Section 60.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3998. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3998 AMENDMENT NO. 1. Amend House Bill 3998, on page 1, line 5, by replacing "Section 4.13 and adding Section 4.23" with "Sections 4.13 and 4.17"; and on page 1, by replacing lines 17 through 20 with the following: "(5 ILCS 80/4.17) Sec. 4.17. Acts repealed on January 1, 2007. The following are repealed on January 1, 2007: The Boiler and Pressure Vessel Repairer Regulation Act. The Structural Pest Control Act. Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. The Clinical Psychologist Licensing Act. The Illinois Optometric Practice Act of 1987. The Medical Practice Act of 1987. The Environmental Health Practitioner Licensing Act. (Source: P.A. 89-467, eff. 1-1-97; 89-484, eff. 6-21-96; 89-594, eff. 8-1-96; 89-702, eff. 7-1-97.)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3999. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3999 AMENDMENT NO. 1. Amend House Bill 3999, after Section 5, by inserting the following: "Section 10. The Funeral Directors and Embalmers Licensing Code is amended by changing Sections 5-15 and 15-15 as follows: (225 ILCS 41/5-15) (Section scheduled to be repealed on December 31, 2002) Sec. 5-15. Expiration and renewal; inactive status; continuing education. The expiration date and renewal period for each license issued under this Article shall be set by rule. The holder of a license as a licensed funeral director may renew the license during the month preceding the expiration date of the license by paying the required fee. A licensed funeral director whose license has expired may have the license reinstated within 5 years from the date of expiration upon payment of the required reinstatement fee. The reinstatement shall be effective as of the date of reissuance of the license. Any licensed funeral director whose license has been expired for more than 5 years may have the license restored only by fulfilling the requirements of the Department's rules and by paying the required
27 [February 13, 2002] restoration fee. However, any licensed funeral director whose license has expired while he or she has been engaged (1) in federal service on active duty with the Army of the United States, the United States Navy, the Marine Corps, the Air Force, the Coast Guard, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service may have his or her license restored without paying any lapsed renewal fees or restoration fee or without passing any examination if, within 2 years after termination of the service, training or education other than by dishonorable discharge, he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that service, training or education has been so terminated. In addition to any other requirement for renewal of a license or reinstatement of an expired license, beginning with licenses renewed or reinstated in 1993, as a condition for the renewal or reinstatement of a license as a licensed funeral director, each licensee shall provide evidence to the Department of completion of at least 12 hours of continuing education during the 24 months preceding the expiration date of the license, or in the case of reinstatement, during the 24 months preceding application for reinstatement. The continuing education sponsors shall be approved by the Board. In addition, any qualified continuing education course for funeral directors offered by a college, university, the Illinois Funeral Directors Association, Funeral Directors Services Association of Greater Chicago, Cook County Association of Funeral Home Owners, Inc., Illinois Selected Morticians Association, Inc., National Funeral Directors Association, National Foundation of Funeral Service, National Selected Morticians, National Funeral Directors and Morticians Association, Inc., International Order of the Golden Rule, or an Illinois school of mortuary science shall be accepted toward satisfaction of the continuing education requirements. The Department shall establish by rule a means for verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continued education certificates with the Department or a qualified organization selected by the Department to maintain these records, or by other means established by the Department. A person who is licensed as a funeral director under this Act and who has engaged in the practice of funeral directing for at least 40 years shall be exempt from the continuing education requirements of this Section. In addition, the Department shall establish by rule an exemption or exception for funeral directors who, by reason of advanced age, health or other extreme condition should reasonably be excused from the continuing education requirement upon explanation to the Board, the approval of the Director, or both. Those persons, identified above, who cannot attend on-site classes, shall have the opportunity to comply by completing home study courses designed for them by sponsors. Any funeral director who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall be excused from completion of continuing education requirements until he or she notifies the Department in writing of an intent to restore the license to active status.
[February 13, 2002] 28 Sec. 15-15. Complaints; investigations; hearings. The Department may
29 [February 13, 2002] AMENDMENT NO. 1 TO HOUSE BILL 4108 AMENDMENT NO. 1. Amend House Bill 4108 on page 1, by replacing lines 6 through 23 with the following: "Section 5. Intent. It is the intent of the General Assembly that the negative impact of State budget shortfalls be partially absorbed by the members of the General Assembly in order to balance the cuts of the pay of other State employees imposed by the Governor. Section 10. Salary reduction. Notwithstanding any other provision of law to the contrary, each member of the General Assembly is subject to a one-time, temporary salary reduction for State fiscal year 2002 only. The one-time, temporary salary reduction shall be equal to one working-day's salary for each member. For the purpose of this Act, "one working-day's salary" means the member's base salary, as determined by the Compensation Review Board, divided by 260. The reduction shall be reflected in the paycheck received for the first pay period in June, 2002.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Parke, HOUSE BILL 3736 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative O'Brien, HOUSE BILL 3652 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendment No. 1 to SENATE BILL 119, having been printed, was taken up for consideration. Representative Schoenberg then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed.
[February 13, 2002] 30 The Speaker appointed as such committee on the part of the House: Representatives xxx, xxx, xxx; xxx and xxx. Ordered that the Clerk inform the Senate. At the hour of 1:30 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 52, the House stood adjourned until Thursday, February 14, 2002, at 11:30 o'clock a.m.
31 [February 13, 2002] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE FEB 13, 2002 0 YEAS 0 NAYS 116 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 E BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P 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
[February 13, 2002] 32 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3736 ECON & FISCAL COM-DUTIES THIRD READING PASSED FEB 13, 2002 115 YEAS 0 NAYS 0 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 E BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y 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 A 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 Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
33 [February 13, 2002] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3652 VEH CD-STATE POLICE-WORK ZONES THIRD READING PASSED FEB 13, 2002 116 YEAS 0 NAYS 0 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 E BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y 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 Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence