STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
102ND LEGISLATIVE DAY
FRIDAY, FEBRUARY 22, 2002
1:00 O'CLOCK P.M.
NO. 102
[February 22, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 102nd Legislative Day Action Page(s) Adjournment........................................ 96 Change of Sponsorship.............................. 84 Fiscal Notes Requested............................. 22 Fiscal Notes Supplied.............................. 22 Introduction and First Reading - HB6160-6201....... 84 Letter of Transmittal.............................. 21 Pension Impact Notes Supplied...................... 22 Quorum Roll Call................................... 20 State Debt Impact Note Requested................... 22 State Mandate Note Supplied........................ 22 State Mandates Notes Requested..................... 22 Temporary Committee Assignments.................... 20 Bill Number Legislative Action Page(s) HB 1871 Committee Report................................... 80 HB 2058 Motion Submitted................................... 22 HB 2058 Senate Message - Passage w/ SA..................... 62 HB 3636 Committee Report................................... 75 HB 3637 Recall............................................. 89 HB 3657 Recall............................................. 90 HB 3668 Committee Report................................... 82 HB 3673 Recall............................................. 90 HB 3687 Committee Report................................... 64 HB 3699 Committee Report................................... 83 HB 3704 Committee Report................................... 68 HB 3705 Committee Report................................... 68 HB 3714 Third Reading...................................... 89 HB 3721 Committee Report................................... 77 HB 3729 Second Reading..................................... 89 HB 3729 Third Reading...................................... 89 HB 3768 Committee Report................................... 70 HB 3775 Committee Report................................... 82 HB 3783 Committee Report................................... 76 HB 3788 Committee Report................................... 80 HB 3809 Committee Report................................... 83 HB 3984 Committee Report................................... 77 HB 4001 Committee Report................................... 62 HB 4023 Committee Report................................... 72 HB 4042 Committee Report................................... 72 HB 4047 Committee Report................................... 77 HB 4053 Committee Report................................... 82 HB 4054 Committee Report................................... 72 HB 4067 Committee Report................................... 71 HB 4073 Third Reading...................................... 90 HB 4075 Committee Report................................... 77 HB 4077 Committee Report................................... 71 HB 4078 Committee Report................................... 83 HB 4082 Committee Report................................... 82 HB 4083 Committee Report................................... 82 HB 4090 Committee Report................................... 71 HB 4096 Committee Report................................... 77 HB 4106 Committee Report................................... 82 HB 4117 Committee Report................................... 68 HB 4124 Committee Report................................... 77 HB 4137 Committee Report................................... 82 HB 4138 Committee Report................................... 82
3 [February 22, 2002] Bill Number Legislative Action Page(s) HB 4153 Committee Report................................... 71 HB 4155 Committee Report................................... 64 HB 4157 Committee Report................................... 83 HB 4162 Committee Report................................... 83 HB 4168 Committee Report................................... 72 HB 4172 Committee Report................................... 82 HB 4174 Committee Report................................... 84 HB 4178 Committee Report................................... 68 HB 4179 Committee Report................................... 77 HB 4183 Committee Report................................... 76 HB 4187 Committee Report................................... 71 HB 4188 Committee Report................................... 64 HB 4199 Committee Report................................... 72 HB 4200 Third Reading...................................... 89 HB 4203 Committee Report................................... 77 HB 4208 Committee Report................................... 76 HB 4214 Committee Report................................... 71 HB 4228 Committee Report................................... 66 HB 4230 Committee Report................................... 82 HB 4234 Recall............................................. 89 HB 4235 Recall............................................. 89 HB 4240 Committee Report................................... 72 HB 4245 Committee Report................................... 77 HB 4246 Committee Report................................... 62 HB 4255 Committee Report................................... 72 HB 4263 Committee Report................................... 68 HB 4294 Committee Report................................... 62 HB 4312 Committee Report................................... 82 HB 4322 Committee Report................................... 71 HB 4337 Committee Report................................... 82 HB 4341 Committee Report................................... 77 HB 4353 Committee Report................................... 77 HB 4355 Committee Report................................... 67 HB 4377 Committee Report................................... 76 HB 4404 Committee Report................................... 82 HB 4414 Committee Report................................... 76 HB 4429 Committee Report................................... 67 HB 4444 Committee Report................................... 83 HB 4446 Committee Report................................... 83 HB 4451 Committee Report................................... 84 HB 4453 Committee Report................................... 71 HB 4455 Committee Report................................... 77 HB 4462 Committee Report................................... 71 HB 4467 Committee Report................................... 83 HB 4468 Committee Report................................... 72 HB 4470 Committee Report................................... 64 HB 4474 Committee Report................................... 71 HB 4475 Committee Report................................... 71 HB 4476 Committee Report................................... 71 HB 4477 Committee Report................................... 71 HB 4478 Committee Report................................... 71 HB 4479 Committee Report................................... 71 HB 4480 Committee Report................................... 71 HB 4481 Committee Report................................... 71 HB 4482 Committee Report................................... 71 HB 4483 Committee Report................................... 71 HB 4484 Committee Report................................... 71 HB 4485 Committee Report................................... 71 HB 4486 Committee Report................................... 71 HB 4487 Committee Report................................... 71 HB 4488 Committee Report................................... 71 HB 4489 Committee Report................................... 71 HB 4490 Committee Report................................... 71 HB 4491 Committee Report................................... 71
[February 22, 2002] 4 Bill Number Legislative Action Page(s) HB 4492 Committee Report................................... 71 HB 4493 Committee Report................................... 71 HB 4494 Committee Report................................... 71 HB 4495 Committee Report................................... 71 HB 4496 Committee Report................................... 71 HB 4497 Committee Report................................... 71 HB 4498 Committee Report................................... 71 HB 4499 Committee Report................................... 71 HB 4500 Committee Report................................... 71 HB 4501 Committee Report................................... 71 HB 4502 Committee Report................................... 71 HB 4503 Committee Report................................... 71 HB 4504 Committee Report................................... 71 HB 4505 Committee Report................................... 71 HB 4507 Committee Report................................... 71 HB 4508 Committee Report................................... 71 HB 4509 Committee Report................................... 71 HB 4510 Committee Report................................... 71 HB 4511 Committee Report................................... 71 HB 4512 Committee Report................................... 71 HB 4513 Committee Report................................... 71 HB 4514 Committee Report................................... 71 HB 4515 Committee Report................................... 71 HB 4516 Committee Report................................... 71 HB 4517 Committee Report................................... 71 HB 4518 Committee Report................................... 71 HB 4519 Committee Report................................... 71 HB 4520 Committee Report................................... 71 HB 4521 Committee Report................................... 71 HB 4522 Committee Report................................... 71 HB 4523 Committee Report................................... 71 HB 4524 Committee Report................................... 71 HB 4525 Committee Report................................... 71 HB 4526 Committee Report................................... 71 HB 4528 Committee Report................................... 71 HB 4529 Committee Report................................... 71 HB 4530 Committee Report................................... 71 HB 4531 Committee Report................................... 71 HB 4532 Committee Report................................... 71 HB 4533 Committee Report................................... 71 HB 4534 Committee Report................................... 71 HB 4535 Committee Report................................... 71 HB 4536 Committee Report................................... 71 HB 4537 Committee Report................................... 71 HB 4538 Committee Report................................... 71 HB 4539 Committee Report................................... 71 HB 4540 Committee Report................................... 71 HB 4541 Committee Report................................... 71 HB 4542 Committee Report................................... 71 HB 4543 Committee Report................................... 71 HB 4544 Committee Report................................... 71 HB 4545 Committee Report................................... 71 HB 4547 Committee Report................................... 71 HB 4548 Committee Report................................... 71 HB 4549 Committee Report................................... 71 HB 4550 Committee Report................................... 71 HB 4551 Committee Report................................... 71 HB 4552 Committee Report................................... 71 HB 4553 Committee Report................................... 71 HB 4554 Committee Report................................... 71 HB 4555 Committee Report................................... 71 HB 4556 Committee Report................................... 71 HB 4557 Committee Report................................... 71 HB 4558 Committee Report................................... 71
5 [February 22, 2002] Bill Number Legislative Action Page(s) HB 4559 Committee Report................................... 71 HB 4560 Committee Report................................... 71 HB 4561 Committee Report................................... 71 HB 4562 Committee Report................................... 71 HB 4563 Committee Report................................... 71 HB 4564 Committee Report................................... 71 HB 4565 Committee Report................................... 71 HB 4566 Committee Report................................... 71 HB 4567 Committee Report................................... 71 HB 4568 Committee Report................................... 71 HB 4569 Committee Report................................... 71 HB 4570 Committee Report................................... 71 HB 4571 Committee Report................................... 71 HB 4572 Committee Report................................... 71 HB 4573 Committee Report................................... 71 HB 4574 Committee Report................................... 71 HB 4575 Committee Report................................... 71 HB 4576 Committee Report................................... 71 HB 4577 Committee Report................................... 71 HB 4578 Committee Report................................... 71 HB 4579 Committee Report................................... 71 HB 4580 Committee Report................................... 71 HB 4581 Committee Report................................... 71 HB 4582 Committee Report................................... 71 HB 4583 Committee Report................................... 71 HB 4584 Committee Report................................... 71 HB 4585 Committee Report................................... 71 HB 4586 Committee Report................................... 71 HB 4587 Committee Report................................... 71 HB 4588 Committee Report................................... 71 HB 4589 Committee Report................................... 71 HB 4590 Committee Report................................... 71 HB 4591 Committee Report................................... 71 HB 4592 Committee Report................................... 71 HB 4593 Committee Report................................... 71 HB 4594 Committee Report................................... 71 HB 4595 Committee Report................................... 71 HB 4596 Committee Report................................... 71 HB 4597 Committee Report................................... 71 HB 4598 Committee Report................................... 71 HB 4599 Committee Report................................... 71 HB 4600 Committee Report................................... 71 HB 4601 Committee Report................................... 71 HB 4602 Committee Report................................... 71 HB 4603 Committee Report................................... 71 HB 4604 Committee Report................................... 71 HB 4605 Committee Report................................... 71 HB 4606 Committee Report................................... 71 HB 4607 Committee Report................................... 71 HB 4608 Committee Report................................... 71 HB 4609 Committee Report................................... 71 HB 4610 Committee Report................................... 71 HB 4611 Committee Report................................... 71 HB 4612 Committee Report................................... 71 HB 4613 Committee Report................................... 71 HB 4614 Committee Report................................... 71 HB 4615 Committee Report................................... 71 HB 4616 Committee Report................................... 71 HB 4617 Committee Report................................... 71 HB 4618 Committee Report................................... 71 HB 4619 Committee Report................................... 71 HB 4620 Committee Report................................... 71 HB 4621 Committee Report................................... 71 HB 4622 Committee Report................................... 71
[February 22, 2002] 6 Bill Number Legislative Action Page(s) HB 4623 Committee Report................................... 71 HB 4624 Committee Report................................... 71 HB 4625 Committee Report................................... 71 HB 4626 Committee Report................................... 71 HB 4627 Committee Report................................... 71 HB 4628 Committee Report................................... 71 HB 4629 Committee Report................................... 71 HB 4630 Committee Report................................... 71 HB 4631 Committee Report................................... 71 HB 4632 Committee Report................................... 71 HB 4633 Committee Report................................... 71 HB 4634 Committee Report................................... 71 HB 4635 Committee Report................................... 71 HB 4636 Committee Report................................... 71 HB 4637 Committee Report................................... 71 HB 4638 Committee Report................................... 71 HB 4639 Committee Report................................... 71 HB 4640 Committee Report................................... 71 HB 4641 Committee Report................................... 71 HB 4642 Committee Report................................... 71 HB 4643 Committee Report................................... 71 HB 4644 Committee Report................................... 71 HB 4645 Committee Report................................... 71 HB 4646 Committee Report................................... 71 HB 4647 Committee Report................................... 71 HB 4648 Committee Report................................... 71 HB 4649 Committee Report................................... 71 HB 4650 Committee Report................................... 71 HB 4651 Committee Report................................... 71 HB 4652 Committee Report................................... 71 HB 4653 Committee Report................................... 71 HB 4654 Committee Report................................... 71 HB 4655 Committee Report................................... 71 HB 4656 Committee Report................................... 71 HB 4657 Committee Report................................... 71 HB 4658 Committee Report................................... 71 HB 4659 Committee Report................................... 71 HB 4660 Committee Report................................... 71 HB 4661 Committee Report................................... 71 HB 4662 Committee Report................................... 71 HB 4663 Committee Report................................... 71 HB 4664 Committee Report................................... 71 HB 4665 Committee Report................................... 71 HB 4666 Committee Report................................... 71 HB 4667 Committee Report................................... 71 HB 4668 Committee Report................................... 71 HB 4669 Committee Report................................... 71 HB 4670 Committee Report................................... 71 HB 4671 Committee Report................................... 71 HB 4672 Committee Report................................... 71 HB 4673 Committee Report................................... 71 HB 4674 Committee Report................................... 71 HB 4675 Committee Report................................... 71 HB 4676 Committee Report................................... 71 HB 4677 Committee Report................................... 71 HB 4678 Committee Report................................... 71 HB 4679 Committee Report................................... 71 HB 4680 Committee Report................................... 71 HB 4681 Committee Report................................... 71 HB 4682 Committee Report................................... 71 HB 4683 Committee Report................................... 71 HB 4684 Committee Report................................... 71 HB 4685 Committee Report................................... 71 HB 4686 Committee Report................................... 71
7 [February 22, 2002] Bill Number Legislative Action Page(s) HB 4687 Committee Report................................... 71 HB 4688 Committee Report................................... 71 HB 4689 Committee Report................................... 71 HB 4690 Committee Report................................... 71 HB 4691 Committee Report................................... 71 HB 4692 Committee Report................................... 71 HB 4693 Committee Report................................... 71 HB 4694 Committee Report................................... 71 HB 4695 Committee Report................................... 71 HB 4696 Committee Report................................... 71 HB 4697 Committee Report................................... 71 HB 4698 Committee Report................................... 71 HB 4699 Committee Report................................... 71 HB 4700 Committee Report................................... 71 HB 4701 Committee Report................................... 71 HB 4702 Committee Report................................... 71 HB 4703 Committee Report................................... 71 HB 4704 Committee Report................................... 71 HB 4705 Committee Report................................... 71 HB 4706 Committee Report................................... 71 HB 4707 Committee Report................................... 71 HB 4708 Committee Report................................... 71 HB 4709 Committee Report................................... 71 HB 4710 Committee Report................................... 71 HB 4711 Committee Report................................... 71 HB 4712 Committee Report................................... 71 HB 4713 Committee Report................................... 71 HB 4714 Committee Report................................... 71 HB 4715 Committee Report................................... 71 HB 4716 Committee Report................................... 71 HB 4717 Committee Report................................... 71 HB 4718 Committee Report................................... 71 HB 4719 Committee Report................................... 71 HB 4720 Committee Report................................... 71 HB 4721 Committee Report................................... 71 HB 4722 Committee Report................................... 71 HB 4723 Committee Report................................... 71 HB 4724 Committee Report................................... 71 HB 4725 Committee Report................................... 71 HB 4726 Committee Report................................... 68 HB 4727 Committee Report................................... 71 HB 4728 Committee Report................................... 71 HB 4729 Committee Report................................... 71 HB 4730 Committee Report................................... 71 HB 4731 Committee Report................................... 71 HB 4732 Committee Report................................... 71 HB 4733 Committee Report................................... 71 HB 4734 Committee Report................................... 71 HB 4735 Committee Report................................... 71 HB 4736 Committee Report................................... 71 HB 4737 Committee Report................................... 71 HB 4738 Committee Report................................... 71 HB 4739 Committee Report................................... 71 HB 4740 Committee Report................................... 71 HB 4741 Committee Report................................... 71 HB 4742 Committee Report................................... 71 HB 4743 Committee Report................................... 71 HB 4744 Committee Report................................... 71 HB 4745 Committee Report................................... 71 HB 4746 Committee Report................................... 71 HB 4747 Committee Report................................... 71 HB 4748 Committee Report................................... 71 HB 4749 Committee Report................................... 71 HB 4750 Committee Report................................... 71
[February 22, 2002] 8 Bill Number Legislative Action Page(s) HB 4751 Committee Report................................... 71 HB 4752 Committee Report................................... 71 HB 4753 Committee Report................................... 71 HB 4754 Committee Report................................... 71 HB 4755 Committee Report................................... 71 HB 4756 Committee Report................................... 71 HB 4757 Committee Report................................... 71 HB 4758 Committee Report................................... 71 HB 4759 Committee Report................................... 71 HB 4760 Committee Report................................... 71 HB 4761 Committee Report................................... 71 HB 4763 Committee Report................................... 71 HB 4764 Committee Report................................... 71 HB 4765 Committee Report................................... 71 HB 4766 Committee Report................................... 71 HB 4767 Committee Report................................... 71 HB 4768 Committee Report................................... 71 HB 4769 Committee Report................................... 71 HB 4770 Committee Report................................... 71 HB 4771 Committee Report................................... 71 HB 4772 Committee Report................................... 71 HB 4773 Committee Report................................... 71 HB 4774 Committee Report................................... 71 HB 4775 Committee Report................................... 71 HB 4776 Committee Report................................... 71 HB 4777 Committee Report................................... 71 HB 4778 Committee Report................................... 71 HB 4779 Committee Report................................... 71 HB 4780 Committee Report................................... 71 HB 4781 Committee Report................................... 71 HB 4782 Committee Report................................... 71 HB 4783 Committee Report................................... 71 HB 4784 Committee Report................................... 71 HB 4785 Committee Report................................... 71 HB 4786 Committee Report................................... 71 HB 4787 Committee Report................................... 71 HB 4788 Committee Report................................... 71 HB 4789 Committee Report................................... 71 HB 4790 Committee Report................................... 71 HB 4791 Committee Report................................... 71 HB 4792 Committee Report................................... 71 HB 4793 Committee Report................................... 71 HB 4794 Committee Report................................... 71 HB 4795 Committee Report................................... 71 HB 4796 Committee Report................................... 71 HB 4797 Committee Report................................... 71 HB 4798 Committee Report................................... 71 HB 4799 Committee Report................................... 71 HB 4800 Committee Report................................... 71 HB 4801 Committee Report................................... 71 HB 4802 Committee Report................................... 71 HB 4803 Committee Report................................... 71 HB 4804 Committee Report................................... 71 HB 4805 Committee Report................................... 71 HB 4806 Committee Report................................... 71 HB 4807 Committee Report................................... 71 HB 4808 Committee Report................................... 71 HB 4809 Committee Report................................... 71 HB 4810 Committee Report................................... 71 HB 4811 Committee Report................................... 71 HB 4812 Committee Report................................... 71 HB 4813 Committee Report................................... 71 HB 4814 Committee Report................................... 71 HB 4815 Committee Report................................... 71
9 [February 22, 2002] Bill Number Legislative Action Page(s) HB 4816 Committee Report................................... 71 HB 4817 Committee Report................................... 71 HB 4818 Committee Report................................... 71 HB 4819 Committee Report................................... 71 HB 4820 Committee Report................................... 71 HB 4821 Committee Report................................... 71 HB 4822 Committee Report................................... 71 HB 4823 Committee Report................................... 71 HB 4824 Committee Report................................... 71 HB 4825 Committee Report................................... 71 HB 4826 Committee Report................................... 71 HB 4827 Committee Report................................... 71 HB 4828 Committee Report................................... 71 HB 4829 Committee Report................................... 71 HB 4830 Committee Report................................... 71 HB 4830 Committee Report................................... 71 HB 4831 Committee Report................................... 71 HB 4832 Committee Report................................... 71 HB 4833 Committee Report................................... 71 HB 4834 Committee Report................................... 71 HB 4835 Committee Report................................... 71 HB 4836 Committee Report................................... 71 HB 4837 Committee Report................................... 71 HB 4838 Committee Report................................... 71 HB 4839 Committee Report................................... 71 HB 4840 Committee Report................................... 71 HB 4841 Committee Report................................... 71 HB 4842 Committee Report................................... 71 HB 4843 Committee Report................................... 71 HB 4844 Committee Report................................... 71 HB 4845 Committee Report................................... 71 HB 4846 Committee Report................................... 71 HB 4847 Committee Report................................... 71 HB 4848 Committee Report................................... 71 HB 4849 Committee Report................................... 71 HB 4850 Committee Report................................... 71 HB 4851 Committee Report................................... 71 HB 4852 Committee Report................................... 71 HB 4853 Committee Report................................... 71 HB 4854 Committee Report................................... 71 HB 4856 Committee Report................................... 71 HB 4857 Committee Report................................... 71 HB 4858 Committee Report................................... 71 HB 4859 Committee Report................................... 71 HB 4860 Committee Report................................... 71 HB 4861 Committee Report................................... 71 HB 4862 Committee Report................................... 71 HB 4863 Committee Report................................... 71 HB 4864 Committee Report................................... 71 HB 4865 Committee Report................................... 71 HB 4866 Committee Report................................... 71 HB 4867 Committee Report................................... 71 HB 4868 Committee Report................................... 71 HB 4869 Committee Report................................... 71 HB 4871 Committee Report................................... 71 HB 4872 Committee Report................................... 71 HB 4873 Committee Report................................... 71 HB 4874 Committee Report................................... 71 HB 4875 Committee Report................................... 71 HB 4876 Committee Report................................... 71 HB 4877 Committee Report................................... 71 HB 4878 Committee Report................................... 71 HB 4879 Committee Report................................... 71 HB 4880 Committee Report................................... 71
[February 22, 2002] 10 Bill Number Legislative Action Page(s) HB 4881 Committee Report................................... 71 HB 4882 Committee Report................................... 71 HB 4883 Committee Report................................... 71 HB 4897 Committee Report................................... 77 HB 4914 Committee Report................................... 68 HB 4915 Committee Report................................... 77 HB 4926 Committee Report................................... 77 HB 4937 Committee Report................................... 84 HB 4942 Committee Report................................... 77 HB 4946 Committee Report................................... 75 HB 4947 Third Reading...................................... 89 HB 4949 Committee Report................................... 71 HB 4951 Committee Report................................... 77 HB 4956 Committee Report................................... 63 HB 4976 Committee Report................................... 77 HB 4991 Committee Report................................... 68 HB 4996 Committee Report................................... 84 HB 4997 Committee Report................................... 77 HB 4999 Committee Report................................... 76 HB 5000 Committee Report................................... 71 HB 5002 Committee Report................................... 77 HB 5004 Committee Report................................... 77 HB 5015 Committee Report................................... 75 HB 5016 Committee Report................................... 71 HB 5017 Committee Report................................... 71 HB 5018 Committee Report................................... 71 HB 5019 Committee Report................................... 71 HB 5020 Committee Report................................... 71 HB 5021 Committee Report................................... 71 HB 5022 Committee Report................................... 71 HB 5026 Committee Report................................... 71 HB 5027 Committee Report................................... 71 HB 5028 Committee Report................................... 71 HB 5029 Committee Report................................... 71 HB 5032 Committee Report................................... 71 HB 5033 Committee Report................................... 71 HB 5035 Committee Report................................... 71 HB 5036 Committee Report................................... 71 HB 5037 Committee Report................................... 71 HB 5038 Committee Report................................... 71 HB 5039 Committee Report................................... 71 HB 5040 Committee Report................................... 71 HB 5041 Committee Report................................... 71 HB 5042 Committee Report................................... 71 HB 5044 Committee Report................................... 71 HB 5045 Committee Report................................... 71 HB 5046 Committee Report................................... 71 HB 5047 Committee Report................................... 71 HB 5048 Committee Report................................... 71 HB 5050 Committee Report................................... 71 HB 5051 Committee Report................................... 71 HB 5052 Committee Report................................... 71 HB 5053 Committee Report................................... 71 HB 5055 Committee Report................................... 71 HB 5057 Committee Report................................... 71 HB 5058 Committee Report................................... 71 HB 5059 Committee Report................................... 71 HB 5060 Committee Report................................... 71 HB 5061 Committee Report................................... 71 HB 5062 Committee Report................................... 71 HB 5063 Committee Report................................... 71 HB 5065 Committee Report................................... 71 HB 5066 Committee Report................................... 71 HB 5068 Committee Report................................... 71
11 [February 22, 2002] Bill Number Legislative Action Page(s) HB 5069 Committee Report................................... 71 HB 5070 Committee Report................................... 71 HB 5071 Committee Report................................... 71 HB 5072 Committee Report................................... 71 HB 5073 Committee Report................................... 71 HB 5074 Committee Report................................... 71 HB 5075 Committee Report................................... 71 HB 5076 Committee Report................................... 71 HB 5077 Committee Report................................... 71 HB 5078 Committee Report................................... 71 HB 5079 Committee Report................................... 71 HB 5080 Committee Report................................... 71 HB 5081 Committee Report................................... 71 HB 5083 Committee Report................................... 71 HB 5084 Committee Report................................... 71 HB 5085 Committee Report................................... 71 HB 5086 Committee Report................................... 71 HB 5087 Committee Report................................... 71 HB 5088 Committee Report................................... 71 HB 5089 Committee Report................................... 71 HB 5090 Committee Report................................... 71 HB 5092 Committee Report................................... 71 HB 5093 Committee Report................................... 71 HB 5094 Committee Report................................... 71 HB 5095 Committee Report................................... 71 HB 5096 Committee Report................................... 71 HB 5098 Committee Report................................... 71 HB 5099 Committee Report................................... 71 HB 5100 Committee Report................................... 71 HB 5101 Committee Report................................... 71 HB 5102 Committee Report................................... 71 HB 5103 Committee Report................................... 71 HB 5104 Committee Report................................... 71 HB 5105 Committee Report................................... 71 HB 5106 Committee Report................................... 71 HB 5107 Committee Report................................... 71 HB 5108 Committee Report................................... 71 HB 5109 Committee Report................................... 71 HB 5111 Committee Report................................... 71 HB 5112 Committee Report................................... 71 HB 5113 Committee Report................................... 71 HB 5114 Committee Report................................... 71 HB 5116 Committee Report................................... 71 HB 5117 Committee Report................................... 71 HB 5119 Committee Report................................... 71 HB 5120 Committee Report................................... 71 HB 5121 Committee Report................................... 71 HB 5122 Committee Report................................... 71 HB 5124 Committee Report................................... 71 HB 5125 Committee Report................................... 71 HB 5127 Committee Report................................... 71 HB 5128 Committee Report................................... 71 HB 5129 Committee Report................................... 71 HB 5130 Committee Report................................... 71 HB 5131 Committee Report................................... 71 HB 5132 Committee Report................................... 71 HB 5133 Committee Report................................... 71 HB 5134 Committee Report................................... 71 HB 5136 Committee Report................................... 71 HB 5137 Committee Report................................... 71 HB 5138 Committee Report................................... 71 HB 5139 Committee Report................................... 71 HB 5140 Committee Report................................... 71 HB 5141 Committee Report................................... 71
[February 22, 2002] 12 Bill Number Legislative Action Page(s) HB 5142 Committee Report................................... 71 HB 5144 Committee Report................................... 71 HB 5145 Committee Report................................... 71 HB 5146 Committee Report................................... 71 HB 5147 Committee Report................................... 71 HB 5149 Committee Report................................... 71 HB 5150 Committee Report................................... 71 HB 5151 Committee Report................................... 71 HB 5152 Committee Report................................... 71 HB 5153 Committee Report................................... 71 HB 5154 Committee Report................................... 71 HB 5155 Committee Report................................... 71 HB 5157 Committee Report................................... 71 HB 5158 Committee Report................................... 71 HB 5159 Committee Report................................... 71 HB 5160 Committee Report................................... 71 HB 5161 Committee Report................................... 71 HB 5162 Committee Report................................... 71 HB 5165 Committee Report................................... 71 HB 5167 Committee Report................................... 71 HB 5168 Committee Report................................... 71 HB 5169 Committee Report................................... 71 HB 5170 Committee Report................................... 71 HB 5171 Committee Report................................... 71 HB 5176 Committee Report................................... 71 HB 5183 Committee Report................................... 71 HB 5184 Committee Report................................... 71 HB 5185 Committee Report................................... 71 HB 5186 Committee Report................................... 71 HB 5187 Committee Report................................... 71 HB 5188 Committee Report................................... 71 HB 5189 Committee Report................................... 71 HB 5190 Committee Report................................... 71 HB 5200 Committee Report................................... 71 HB 5201 Committee Report................................... 71 HB 5202 Committee Report................................... 71 HB 5203 Committee Report................................... 71 HB 5204 Committee Report................................... 71 HB 5205 Committee Report................................... 71 HB 5206 Committee Report................................... 71 HB 5207 Committee Report................................... 71 HB 5208 Committee Report................................... 71 HB 5209 Committee Report................................... 71 HB 5210 Committee Report................................... 71 HB 5211 Committee Report................................... 71 HB 5218 Committee Report................................... 71 HB 5219 Committee Report................................... 71 HB 5220 Committee Report................................... 71 HB 5221 Committee Report................................... 71 HB 5222 Committee Report................................... 71 HB 5223 Committee Report................................... 71 HB 5224 Committee Report................................... 71 HB 5225 Committee Report................................... 71 HB 5226 Committee Report................................... 71 HB 5227 Committee Report................................... 71 HB 5228 Committee Report................................... 71 HB 5229 Committee Report................................... 71 HB 5230 Committee Report................................... 71 HB 5231 Committee Report................................... 71 HB 5232 Committee Report................................... 71 HB 5233 Committee Report................................... 71 HB 5234 Committee Report................................... 71 HB 5235 Committee Report................................... 71 HB 5236 Committee Report................................... 71
13 [February 22, 2002] Bill Number Legislative Action Page(s) HB 5237 Committee Report................................... 71 HB 5238 Committee Report................................... 71 HB 5239 Committee Report................................... 71 HB 5240 Committee Report................................... 71 HB 5241 Committee Report................................... 71 HB 5242 Committee Report................................... 71 HB 5243 Committee Report................................... 71 HB 5245 Committee Report................................... 71 HB 5246 Committee Report................................... 71 HB 5248 Committee Report................................... 71 HB 5249 Committee Report................................... 71 HB 5250 Committee Report................................... 71 HB 5251 Committee Report................................... 71 HB 5252 Committee Report................................... 71 HB 5253 Committee Report................................... 71 HB 5254 Committee Report................................... 71 HB 5255 Committee Report................................... 71 HB 5259 Committee Report................................... 71 HB 5259 Committee Report................................... 71 HB 5260 Committee Report................................... 71 HB 5265 Committee Report................................... 71 HB 5267 Committee Report................................... 71 HB 5271 Committee Report................................... 71 HB 5275 Committee Report................................... 71 HB 5278 Committee Report................................... 71 HB 5279 Committee Report................................... 71 HB 5281 Committee Report................................... 71 HB 5282 Committee Report................................... 71 HB 5287 Committee Report................................... 71 HB 5288 Committee Report................................... 71 HB 5291 Committee Report................................... 71 HB 5292 Committee Report................................... 71 HB 5295 Committee Report................................... 71 HB 5296 Committee Report................................... 71 HB 5297 Committee Report................................... 71 HB 5298 Committee Report................................... 71 HB 5299 Committee Report................................... 71 HB 5300 Committee Report................................... 71 HB 5301 Committee Report................................... 71 HB 5303 Committee Report................................... 71 HB 5304 Committee Report................................... 71 HB 5305 Committee Report................................... 71 HB 5306 Committee Report................................... 71 HB 5307 Committee Report................................... 71 HB 5308 Committee Report................................... 71 HB 5309 Committee Report................................... 71 HB 5310 Committee Report................................... 71 HB 5311 Committee Report................................... 71 HB 5312 Committee Report................................... 71 HB 5313 Committee Report................................... 71 HB 5314 Committee Report................................... 71 HB 5315 Committee Report................................... 71 HB 5316 Committee Report................................... 71 HB 5317 Committee Report................................... 71 HB 5318 Committee Report................................... 71 HB 5319 Committee Report................................... 71 HB 5320 Committee Report................................... 71 HB 5321 Committee Report................................... 71 HB 5322 Committee Report................................... 71 HB 5323 Committee Report................................... 71 HB 5324 Committee Report................................... 71 HB 5325 Committee Report................................... 71 HB 5326 Committee Report................................... 71 HB 5327 Committee Report................................... 71
[February 22, 2002] 14 Bill Number Legislative Action Page(s) HB 5328 Committee Report................................... 71 HB 5329 Committee Report................................... 71 HB 5334 Committee Report................................... 71 HB 5335 Committee Report................................... 71 HB 5338 Committee Report................................... 71 HB 5339 Committee Report................................... 71 HB 5340 Committee Report................................... 71 HB 5341 Committee Report................................... 71 HB 5342 Committee Report................................... 71 HB 5343 Committee Report................................... 71 HB 5344 Committee Report................................... 71 HB 5345 Committee Report................................... 71 HB 5346 Committee Report................................... 71 HB 5349 Committee Report................................... 71 HB 5350 Committee Report................................... 71 HB 5351 Committee Report................................... 71 HB 5352 Committee Report................................... 71 HB 5353 Committee Report................................... 71 HB 5357 Committee Report................................... 71 HB 5358 Committee Report................................... 71 HB 5363 Committee Report................................... 71 HB 5365 Committee Report................................... 71 HB 5366 Committee Report................................... 71 HB 5367 Committee Report................................... 71 HB 5368 Committee Report................................... 71 HB 5369 Committee Report................................... 71 HB 5370 Committee Report................................... 71 HB 5371 Committee Report................................... 71 HB 5372 Committee Report................................... 71 HB 5374 Committee Report................................... 71 HB 5375 Committee Report................................... 71 HB 5376 Committee Report................................... 71 HB 5377 Committee Report................................... 71 HB 5382 Committee Report................................... 71 HB 5383 Committee Report................................... 71 HB 5384 Committee Report................................... 71 HB 5385 Committee Report................................... 71 HB 5392 Committee Report................................... 71 HB 5393 Committee Report................................... 71 HB 5394 Committee Report................................... 71 HB 5395 Committee Report................................... 71 HB 5396 Committee Report................................... 71 HB 5397 Committee Report................................... 71 HB 5398 Committee Report................................... 71 HB 5399 Committee Report................................... 71 HB 5400 Committee Report................................... 71 HB 5401 Committee Report................................... 71 HB 5402 Committee Report................................... 71 HB 5403 Committee Report................................... 71 HB 5404 Committee Report................................... 71 HB 5405 Committee Report................................... 71 HB 5406 Committee Report................................... 71 HB 5407 Committee Report................................... 71 HB 5408 Committee Report................................... 71 HB 5409 Committee Report................................... 71 HB 5410 Committee Report................................... 71 HB 5411 Committee Report................................... 71 HB 5414 Committee Report................................... 71 HB 5415 Committee Report................................... 71 HB 5416 Committee Report................................... 71 HB 5417 Committee Report................................... 71 HB 5421 Committee Report................................... 71 HB 5422 Committee Report................................... 71 HB 5423 Committee Report................................... 71
15 [February 22, 2002] Bill Number Legislative Action Page(s) HB 5424 Committee Report................................... 71 HB 5425 Committee Report................................... 71 HB 5426 Committee Report................................... 71 HB 5427 Committee Report................................... 71 HB 5430 Committee Report................................... 71 HB 5431 Committee Report................................... 71 HB 5432 Committee Report................................... 71 HB 5433 Committee Report................................... 71 HB 5434 Committee Report................................... 71 HB 5436 Committee Report................................... 71 HB 5437 Committee Report................................... 71 HB 5438 Committee Report................................... 71 HB 5439 Committee Report................................... 71 HB 5440 Committee Report................................... 71 HB 5441 Committee Report................................... 71 HB 5442 Committee Report................................... 71 HB 5443 Committee Report................................... 71 HB 5444 Committee Report................................... 71 HB 5445 Committee Report................................... 71 HB 5446 Committee Report................................... 71 HB 5447 Committee Report................................... 71 HB 5448 Committee Report................................... 71 HB 5449 Committee Report................................... 71 HB 5450 Committee Report................................... 71 HB 5451 Committee Report................................... 71 HB 5453 Committee Report................................... 71 HB 5454 Committee Report................................... 71 HB 5455 Committee Report................................... 71 HB 5456 Committee Report................................... 71 HB 5458 Committee Report................................... 71 HB 5459 Committee Report................................... 71 HB 5460 Committee Report................................... 71 HB 5462 Committee Report................................... 71 HB 5463 Committee Report................................... 71 HB 5464 Committee Report................................... 71 HB 5465 Committee Report................................... 71 HB 5466 Committee Report................................... 71 HB 5467 Committee Report................................... 71 HB 5468 Committee Report................................... 71 HB 5469 Committee Report................................... 71 HB 5470 Committee Report................................... 71 HB 5471 Committee Report................................... 71 HB 5476 Committee Report................................... 71 HB 5477 Committee Report................................... 71 HB 5478 Committee Report................................... 71 HB 5479 Committee Report................................... 71 HB 5480 Committee Report................................... 71 HB 5482 Committee Report................................... 71 HB 5484 Committee Report................................... 71 HB 5486 Committee Report................................... 71 HB 5487 Committee Report................................... 71 HB 5488 Committee Report................................... 71 HB 5489 Committee Report................................... 71 HB 5490 Committee Report................................... 71 HB 5493 Committee Report................................... 71 HB 5494 Committee Report................................... 71 HB 5495 Committee Report................................... 71 HB 5496 Committee Report................................... 71 HB 5497 Committee Report................................... 71 HB 5498 Committee Report................................... 71 HB 5499 Committee Report................................... 71 HB 5500 Committee Report................................... 71 HB 5501 Committee Report................................... 71 HB 5502 Committee Report................................... 71
[February 22, 2002] 16 Bill Number Legislative Action Page(s) HB 5503 Committee Report................................... 71 HB 5506 Committee Report................................... 71 HB 5507 Committee Report................................... 71 HB 5508 Committee Report................................... 71 HB 5509 Committee Report................................... 71 HB 5510 Committee Report................................... 71 HB 5513 Committee Report................................... 71 HB 5514 Committee Report................................... 71 HB 5515 Committee Report................................... 71 HB 5516 Committee Report................................... 71 HB 5517 Committee Report................................... 71 HB 5518 Committee Report................................... 71 HB 5521 Committee Report................................... 71 HB 5522 Committee Report................................... 71 HB 5523 Committee Report................................... 71 HB 5524 Committee Report................................... 71 HB 5525 Committee Report................................... 71 HB 5526 Committee Report................................... 71 HB 5527 Committee Report................................... 71 HB 5528 Committee Report................................... 71 HB 5529 Committee Report................................... 71 HB 5530 Committee Report................................... 71 HB 5531 Committee Report................................... 71 HB 5532 Committee Report................................... 71 HB 5533 Committee Report................................... 71 HB 5534 Committee Report................................... 71 HB 5535 Committee Report................................... 71 HB 5536 Committee Report................................... 71 HB 5537 Committee Report................................... 71 HB 5538 Committee Report................................... 71 HB 5539 Committee Report................................... 71 HB 5540 Committee Report................................... 71 HB 5541 Committee Report................................... 71 HB 5542 Committee Report................................... 71 HB 5543 Committee Report................................... 71 HB 5544 Committee Report................................... 71 HB 5545 Committee Report................................... 71 HB 5546 Committee Report................................... 71 HB 5548 Committee Report................................... 71 HB 5553 Committee Report................................... 71 HB 5554 Committee Report................................... 71 HB 5555 Committee Report................................... 71 HB 5556 Committee Report................................... 71 HB 5557 Committee Report................................... 71 HB 5558 Committee Report................................... 71 HB 5559 Committee Report................................... 71 HB 5560 Committee Report................................... 71 HB 5562 Committee Report................................... 71 HB 5563 Committee Report................................... 71 HB 5564 Committee Report................................... 71 HB 5565 Committee Report................................... 71 HB 5566 Committee Report................................... 71 HB 5567 Committee Report................................... 71 HB 5569 Committee Report................................... 71 HB 5570 Committee Report................................... 71 HB 5571 Committee Report................................... 76 HB 5577 Committee Report................................... 64 HB 5578 Committee Report................................... 77 HB 5579 Committee Report................................... 68 HB 5592 Committee Report................................... 67 HB 5593 Committee Report................................... 71 HB 5599 Committee Report................................... 75 HB 5602 Committee Report................................... 77 HB 5605 Committee Report................................... 68
17 [February 22, 2002] Bill Number Legislative Action Page(s) HB 5610 Committee Report................................... 71 HB 5611 Committee Report................................... 71 HB 5616 Committee Report................................... 82 HB 5617 Committee Report................................... 79 HB 5625 Committee Report................................... 77 HB 5626 Committee Report................................... 79 HB 5627 Committee Report................................... 72 HB 5631 Committee Report................................... 82 HB 5632 Committee Report................................... 64 HB 5634 Committee Report................................... 82 HB 5635 Committee Report................................... 82 HB 5636 Committee Report................................... 77 HB 5637 Committee Report................................... 77 HB 5638 Committee Report................................... 77 HB 5639 Committee Report................................... 77 HB 5641 Committee Report................................... 77 HB 5644 Committee Report................................... 77 HB 5645 Committee Report................................... 77 HB 5648 Committee Report................................... 77 HB 5649 Committee Report................................... 77 HB 5652 Committee Report................................... 77 HB 5653 Committee Report................................... 77 HB 5654 Committee Report................................... 67 HB 5656 Committee Report................................... 76 HB 5657 Committee Report................................... 77 HB 5658 Committee Report................................... 77 HB 5659 Committee Report................................... 76 HB 5660 Committee Report................................... 68 HB 5661 Committee Report................................... 68 HB 5662 Committee Report................................... 68 HB 5663 Committee Report................................... 68 HB 5664 Committee Report................................... 68 HB 5670 Committee Report................................... 77 HB 5678 Committee Report................................... 77 HB 5680 Committee Report................................... 77 HB 5681 Committee Report................................... 77 HB 5684 Committee Report................................... 72 HB 5685 Committee Report................................... 83 HB 5686 Committee Report................................... 71 HB 5687 Committee Report................................... 71 HB 5688 Committee Report................................... 71 HB 5689 Committee Report................................... 71 HB 5690 Committee Report................................... 71 HB 5694 Committee Report................................... 67 HB 5695 Committee Report................................... 64 HB 5700 Committee Report................................... 68 HB 5708 Committee Report................................... 77 HB 5713 Committee Report................................... 77 HB 5714 Committee Report................................... 77 HB 5715 Committee Report................................... 67 HB 5718 Committee Report................................... 77 HB 5719 Committee Report................................... 77 HB 5720 Committee Report................................... 70 HB 5727 Committee Report................................... 66 HB 5728 Committee Report................................... 66 HB 5732 Committee Report................................... 77 HB 5734 Committee Report................................... 82 HB 5738 Committee Report................................... 79 HB 5739 Committee Report................................... 68 HB 5779 Committee Report................................... 82 HB 5780 Committee Report................................... 68 HB 5781 Committee Report................................... 64 HB 5785 Committee Report................................... 67 HB 5788 Committee Report................................... 77
[February 22, 2002] 18 Bill Number Legislative Action Page(s) HB 5792 Committee Report................................... 77 HB 5793 Committee Report................................... 77 HB 5794 Committee Report................................... 77 HB 5798 Committee Report................................... 77 HB 5801 Committee Report................................... 83 HB 5803 Committee Report................................... 80 HB 5806 Committee Report................................... 71 HB 5809 Committee Report................................... 66 HB 5812 Committee Report................................... 68 HB 5821 Committee Report................................... 83 HB 5823 Committee Report................................... 77 HB 5824 Committee Report................................... 67 HB 5827 Committee Report................................... 76 HB 5830 Committee Report................................... 77 HB 5831 Committee Report................................... 77 HB 5837 Committee Report................................... 77 HB 5843 Committee Report................................... 77 HB 5844 Committee Report................................... 76 HB 5846 Committee Report................................... 80 HB 5849 Committee Report................................... 83 HB 5860 Committee Report................................... 77 HB 5868 Committee Report................................... 76 HB 5870 Committee Report................................... 76 HB 5874 Committee Report................................... 77 HB 5886 Committee Report................................... 77 HB 5887 Committee Report................................... 77 HB 5889 Committee Report................................... 77 HB 5891 Committee Report................................... 77 HB 5903 Committee Report................................... 77 HB 5906 Committee Report................................... 76 HB 5910 Committee Report................................... 66 HB 5920 Committee Report................................... 76 HB 5922 Committee Report................................... 72 HB 5923 Committee Report................................... 71 HB 5924 Committee Report................................... 71 HB 5925 Committee Report................................... 77 HB 5926 Committee Report................................... 77 HB 5934 Committee Report................................... 77 HB 5935 Committee Report................................... 77 HB 5937 Committee Report................................... 83 HB 5938 Committee Report................................... 71 HB 5939 Committee Report................................... 68 HB 5940 Committee Report................................... 76 HB 5958 Committee Report................................... 70 HB 5960 Committee Report................................... 70 HB 5961 Committee Report................................... 70 HB 5996 Committee Report................................... 79 HB 5998 Committee Report................................... 71 HB 5999 Committee Report................................... 77 HB 6001 Committee Report................................... 76 HB 6002 Committee Report................................... 76 HB 6003 Committee Report................................... 80 HB 6007 Committee Report................................... 75 HB 6011 Committee Report................................... 64 HB 6012 Committee Report................................... 82 HB 6013 Committee Report................................... 66 HB 6028 Committee Report................................... 76 HB 6031 Committee Report................................... 75 HB 6032 Committee Report................................... 80 HB 6038 Committee Report................................... 68 HB 6040 Committee Report................................... 62 HB 6041 Committee Report................................... 76 HB 6042 Committee Report................................... 76 HB 6046 Committee Report................................... 76
19 [February 22, 2002] Bill Number Legislative Action Page(s) HB 6050 Committee Report................................... 68 HJR 0007 Committee Report................................... 72 HJR 0055 Committee Report................................... 83 HJR 0063 Resolution......................................... 92 HJR 0064 Resolution......................................... 93 HR 0562 Adoption........................................... 90 HR 0562 Committee Report................................... 21 HR 0677 Adoption........................................... 90 HR 0678 Adoption........................................... 90 HR 0679 Adoption........................................... 90 HR 0680 Adoption........................................... 90 HR 0682 Adoption........................................... 90 HR 0684 Adoption........................................... 90 HR 0686 Adoption........................................... 90 HR 0688 Adoption........................................... 90 HR 0689 Resolution......................................... 90 HR 0690 Adoption........................................... 90 HR 0691 Adoption........................................... 90 HR 0692 Resolution......................................... 91 HR 0693 Adoption........................................... 90 HR 0694 Adoption........................................... 90 HR 0695 Adoption........................................... 90 HR 0696 Adoption........................................... 90 HR 0697 Adoption........................................... 90 HR 0698 Adoption........................................... 90 HR 0699 Adoption........................................... 90 HR 0699 Agreed Resolution.................................. 86 HR 0700 Adoption........................................... 90 HR 0700 Agreed Resolution.................................. 86 HR 0701 Adoption........................................... 90 HR 0701 Agreed Resolution.................................. 87 HR 0704 Adoption........................................... 90 HR 0704 Agreed Resolution.................................. 88 SJR 0055 Senate Message..................................... 95
[February 22, 2002] 20 The House met pursuant to adjournment. Representative Hartke in the Chair. Prayer by Pastor Allen Campbell of the Marengo Methodist Church in Marengo, Illinois. Representative Marquardt 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: 114 present. (ROLL CALL 1) By unanimous consent, Representative Reitz was excused from attendance. SUBCOMMITTEE ASSIGNMENTS Speaker Madigan appointed the follwing Subcommittee appointments: Subcommittee on Lineups in Death Penalty Matters and Other Death Penalty I ssues: Representative Mary K. O'Brien, Chairperson. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Biggins will replace Representative Cross, and Representative Wojcik will replace Representative Marquardt in the Committee on Telecommunications Rewrite, for today only. Representative Bill Mitchell will replace Representative Berns in the Committee on Aging, for today only. Representative Saviano will replace Representative Durkin in the Committee on Counties & Townships, for today only. Representative Rutherford will replace Representative Eileen Lyons, and Representative Tenhouse will replace Representative Watson in the Committee on Revenue, for today only. Representative McAuliffe replaced Representative Kurtz in the Committee on The Disabled Community on February 21, 2002. Representative Bill Mitchell replaced Representative Berns in the Committee on Cities & Villages on February 21, 2002. Representative Watson replaced Representative Cowlishaw in the Committee on Elementary & Secondary Education on February 21, 2002. Representative Wright replaced Representative Berns in the Committee on Higher Education on February 21, 2002. Representative Wojcik replaced Representative Durkin in the Committee on Financial Institutions on February 20, 2002. Representative Lawfer replaced Representative Berns in the Committee on Consumer Protection on February 20, 2002. Representative May will replace Representative Fowler, and Representative Colvin will replace Representative Franks in the Committee on State Government, for today only. Representative Boland will replace Representative Franks, Representative Granberg will replace Representative Collins, and Representative Scully will replace Representative Franks in the Committee on Counties & Townships, for today only. Representative Schoenberg will replace Representative Acevedo in the Committee on Conservation & Land Use, for today only. Representative Mautino will replace Representative Howard, and Representative Hannig will replace Representative Shirley Jones in the Committee on Appropriations - Higher Education, for today only. Representative Hannig will replace Representative Granberg in the Committee on Revenue, for today only. Representative Steve Davis will replace Representative Hoffman in the Committee on Computer Technology, for today only. Representative Mautino replaced Representative Reitz in the Committee on Registration & Regulation on February 21, 2002. Representative Flowers replaced Representative Monique Davis in the Committee on Elementary & Secondary Education on February 21, 2002.
21 [February 22, 2002] Representative Acevedo replaced Representative Erwin, and Representative Soto replaced Representative Erwin in the Committee on Higher Education on February 21, 2002. Representative McCarthy replaced Representative Slone in the Committee on Labor on February 21, 2002. Representative Smith replaced Representative Reitz in the Committee on Environment & Energy on February 21, 2002. Representative Lou Jones replaced Representative Schoenberg in the Committee on Financial Institutions on February 20, 2002. Representative Burke will replace Representative Hannig in the Committee on Rules on February 26, 2002. Representative Hoeft will replace Representative O'Connor in the Committee on State Government Administration, for today only. Representative Black will replace Representative Wirsing in the Committee on Appropriations - Higher Education, for today only. Representative Cross will replace Representative Johnson in the Committee on Labor, for today only. Representative Winters will replace Representative Moffitt in the Committee on Counties & Townships, for today only. Representative Rutherford will replace Representative Beaubien in the Committee on Labor, for today only. Representative Schmitz will replace Representative Wait in the Committee on Aging, for today only. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES February 21, 2001 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 Monday, February 25, 2002. With kindest personal regards, I remain Sincerely, s/Michael J. Madigan Speaker of the House REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 562. The committee roll call vote on HOUSE RESOLUTION 562 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig A Cross Y Tenhouse, Spkpn Y Turner, Art
[February 22, 2002] 22 REQUEST FOR FISCAL NOTES Representative Black requested that Fiscal Notes be supplied for HOUSE BILLS 1984, as amended, 4075, 4115, as amended, 4136, 4398, 5576, 5601 and 5956. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 3729, as amended, 3761, 4965 and 5794. REQUEST FOR STATE MANDATES NOTES Representative Black requested that State Mandates Notes be supplied for HOUSE BILLS 1984, as amended, 4075, 5576, 5601 and 5956. Representative Osmond requested that a State Mandates Note be supplied for HOUSE BILL 5963. STATE MANDATE NOTE SUPPLIED A State Mandate Note has been supplied for HOUSE BILL 3729, as amended. REQUEST FOR STATE DEBT IMPACT NOTE Representative Black requested that a State Debt Impact Note be supplied for HOUSE BILL 1984, as amended. PENSION IMPACT NOTES SUPPLIED Pension Impact Notes have been supplied for HOUSE BILLS 3679, 3758, 3964, 5001, 5010, 5011, 5701, 5959 and 6053. JOINT ACTION MOTIONS SUBMITTED Representative Johnson submitted the following written motion, which was referred to the Committee on Rules: MOTION I move to concur with Senate Amendment No. 2 to HOUSE BILL 2058. 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 concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2058 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 24-3.1. Together with the attached amendment thereto (which amendment has 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. 2058.
23 [February 22, 2002] Passed the Senate, as amended, February 22, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 2058 as follows: by replacing the title with the following: "AN ACT in relation to terrorism."; and by replacing everything after the enacting clause with the following: "Section 5. The Solicitation for Charity Act is amended by adding Section 16.5 as follows: (225 ILCS 460/16.5 new) Sec. 16.5. Terrorist acts. (a) Any person or organization subject to registration under this Act, who knowingly acts to further, directly or indirectly, or knowingly uses charitable assets to conduct or further, directly or indirectly, an act or actions as set forth in Article 29D of the Criminal Code of 1961, is thereby engaged in an act or actions contrary to public policy and antithetical to charity, and all of the funds, assets, and records of the person or organization shall be subject to temporary and permanent injunction from use or expenditure and the appointment of a temporary and permanent receiver to take possession of all of the assets and related records. (b) An ex parte action may be commenced by the Attorney General, and, upon a showing of probable cause of a violation of this Section or Article 29D of the Criminal Code of 1961, an immediate seizure of books and records by the Attorney General by and through his or her assistants or investigators or the Department of State Police and freezing of all assets shall be made by order of a court to protect the public, protect the assets, and allow a full review of the records. (c) Upon a finding by a court after a hearing that a person or organization has acted or is in violation of this Section, the person or organization shall be permanently enjoined from soliciting funds from the public, holding charitable funds, or acting as a trustee or fiduciary within Illinois. Upon a finding of violation all assets and funds held by the person or organization shall be forfeited to the People of the State of Illinois or otherwise ordered by the court to be accounted for and marshaled and then delivered to charitable causes and uses within the State of Illinois by court order. (d) A determination under this Section may be made by any court separate and apart from any criminal proceedings and the standard of proof shall be that for civil proceedings. (e) Any knowing use of charitable assets to conduct or further, directly or indirectly, an act or actions set forth in Article 29D of the Criminal Code of 1961 shall be a misuse of charitable assets and breach of fiduciary duty relative to all other Sections of this Act. Section 10. The Firearm Owners Identification Card Act is amended by changing Sections 4 and 8 as follows: (430 ILCS 65/4) (from Ch. 38, par. 83-4) Sec. 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, or by electronic means, if and when made available by the Department of State Police; and (2) Submit evidence 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
[February 22, 2002] 24 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 within 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;
25 [February 22, 2002] (b) Each application form shall include the following statement printed in bold type: "Warning: Entering false information on an application for a Firearm Owner's Identification Card is punishable as a Class 2 felony in accordance with subsection (d-5) of Section 14 of the Firearm Owners Identification Card Act.". (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. (Source: P.A. 91-514, eff. 1-1-00; 91-694, eff. 4-13-00; 92-442, eff. 8-17-01.) (430 ILCS 65/8) (from Ch. 38, par. 83-8) Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent; (b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card; (c) A person convicted of a felony under the laws of this or any other jurisdiction; (d) A person addicted to narcotics; (e) A person who has been a patient of a mental institution within the past 5 years; (f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community; For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior. (g) A person who is mentally retarded; (h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application; (i) An alien who is unlawfully present in the United States under the laws of the United States; (i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any 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: (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 States 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); (j) A person who is subject to an existing order of protection prohibiting him or her from possessing a firearm; (k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of
[February 22, 2002] 26 protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed; (l) A person who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998; (m) A person who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998; or (n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law. (Source: P.A. 90-130, eff. 1-1-98; 90-493, eff. 1-1-98; 90-655, eff. 7-30-98; 91-694, eff. 4-13-00.) Section 15. The Criminal Code of 1961 is amended by changing Sections 9-1, 14-3, and 29B-1 and adding Article 29D as follows: (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) Sec. 9-1. First degree Murder - Death penalties - Exceptions - Separate Hearings - Proof - Findings - Appellate procedures - Reversals. (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or (2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or (3) he is attempting or committing a forcible felony other than second degree murder. (b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: (1) the murdered individual was a peace officer or fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, or the murdered individual was an inmate at such institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof; or (3) the defendant has been convicted of murdering two or more individuals under subsection (a) of this Section or under any law of the United States or of any state which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate acts which the defendant knew would cause death or create a strong probability of death or great bodily harm to the murdered individual or another; or (4) the murdered individual was killed as a result of the hijacking of an airplane, train, ship, bus or other public conveyance; or (5) the defendant committed the murder pursuant to a contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of
27 [February 22, 2002] value; or (6) the murdered individual was killed in the course of another felony if: (a) the murdered individual: (i) was actually killed by the defendant, or (ii) received physical injuries personally inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and (b) in performing the acts which caused the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section, the defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another; and (c) the other felony was one of the following: armed robbery, armed violence, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, forcible detention, arson, aggravated arson, aggravated stalking, burglary, residential burglary, home invasion, calculated criminal drug conspiracy as defined in Section 405 of the Illinois Controlled Substances Act, streetgang criminal drug conspiracy as defined in Section 405.2 of the Illinois Controlled Substances Act, or the attempt to commit any of the felonies listed in this subsection (c); or (7) the murdered individual was under 12 years of age and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or (8) the defendant committed the murder with intent to prevent the murdered individual from testifying in any criminal prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; or (9) the defendant, while committing an offense punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or (10) the defendant was incarcerated in an institution or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or (11) the murder was committed in a cold, calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or (12) the murdered individual was an emergency medical technician - ambulance, emergency medical technician -
[February 22, 2002] 28 intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel; or (13) the defendant was a principal administrator, organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person; or (14) the murder was intentional and involved the infliction of torture. For the purpose of this Section torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim; or (15) the murder was committed as a result of the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle; or (16) the murdered individual was 60 years of age or older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or (17) the murdered individual was a disabled person and the defendant knew or should have known that the murdered individual was disabled. For purposes of this paragraph (17), "disabled person" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care; or (18) the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer; or (19) the murdered individual was subject to an order of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986; or (20) the murdered individual was known by the defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes; or
29 [February 22, 2002] (5) the defendant was not personally present during commission of the act or acts causing death. (d) Separate sentencing hearing. Where requested by the State, the court shall conduct a separate sentencing proceeding to determine the existence of factors set forth in subsection (b) and to consider any aggravating or mitigating factors as indicated in subsection (c). The proceeding shall be conducted: (1) before the jury that determined the defendant's guilt; or (2) before a jury impanelled for the purpose of the proceeding if: A. the defendant was convicted upon a plea of guilty; or B. the defendant was convicted after a trial before the court sitting without a jury; or C. the court for good cause shown discharges the jury that determined the defendant's guilt; or (3) before the court alone if the defendant waives a jury for the separate proceeding. (e) Evidence and Argument. During the proceeding any information relevant to any of the factors set forth in subsection (b) may be presented by either the State or the defendant under the rules governing the admission of evidence at criminal trials. Any information relevant to any additional aggravating factors or any mitigating factors indicated in subsection (c) may be presented by the State or defendant regardless of its admissibility under the rules governing the admission of evidence at criminal trials. The State and the defendant shall be given fair opportunity to rebut any information received at the hearing. (f) Proof. The burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable doubt. (g) Procedure - Jury. If at the separate sentencing proceeding the jury finds that none of the factors set forth in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. If there is a unanimous finding by the jury that one or more of the factors set forth in subsection (b) exist, the jury shall consider aggravating and mitigating factors as instructed by the court and shall determine whether the sentence of death shall be imposed. If the jury determines unanimously that there are no mitigating factors sufficient to preclude the imposition of the death sentence, the court shall sentence the defendant to death. Unless the jury unanimously finds that there are no mitigating factors sufficient to preclude the imposition of the death sentence the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. (h) Procedure - No Jury. In a proceeding before the court alone, if the court finds that none of the factors found in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. If the Court determines that one or more of the factors set forth in subsection (b) exists, the Court shall consider any aggravating and mitigating factors as indicated in subsection (c). If the Court determines that there are no mitigating factors sufficient to preclude the imposition of the death sentence, the Court shall sentence the defendant to death. Unless the court finds that there are no mitigating factors sufficient to preclude the imposition of the sentence of death, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. (i) Appellate Procedure. The conviction and sentence of death shall be subject to automatic review by the Supreme Court. Such review shall be in accordance with rules promulgated by the Supreme Court. (j) Disposition of reversed death sentence.
[February 22, 2002] 30 In the event that the death penalty in this Act is held to be unconstitutional by the Supreme Court of the United States or of the State of Illinois, any person convicted of first degree murder shall be sentenced by the court to a term of imprisonment under Chapter V of the Unified Code of Corrections. In the event that any death sentence pursuant to the sentencing provisions of this Section is declared unconstitutional by the Supreme Court of the United States or of the State of Illinois, the court having jurisdiction over a person previously sentenced to death shall cause the defendant to be brought before the court, and the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99; 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff. 1-1-00.) (720 ILCS 5/14-3) (from Ch. 38, par. 14-3) Sec. 14-3. Exemptions. The following activities shall be exempt from the provisions of this Article: (a) Listening to radio, wireless and television communications of any sort where the same are publicly made; (b) Hearing conversation when heard by employees of any common carrier by wire incidental to the normal course of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so long as no information obtained thereby is used or divulged by the hearer; (c) Any broadcast by radio, television or otherwise whether it be a broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations are overheard incidental to the main purpose for which such broadcasts are then being made; (d) Recording or listening with the aid of any device to any emergency communication made in the normal course of operations by any federal, state or local law enforcement agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any public utility, emergency repair facility, civilian defense establishment or military installation; (e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended; (f) Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly listed or advertised as consumer "hotlines" by manufacturers or retailers of food and drug products. Such recordings must be destroyed, erased or turned over to local law enforcement authorities within 24 hours from the time of such recording and shall not be otherwise disseminated. Failure on the part of the individual or business operating any such recording or listening device to comply with the requirements of this subsection shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of this Section; (g) With prior notification to the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, or any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. Any recording or evidence derived as the result of this exemption shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct impeachment of a witness concerning matters contained in the interception or recording. The Director of the Department of State
31 [February 22, 2002] Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use; (g-5) With approval of the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of any offense defined in Article 29D of this Code. In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. The Director of State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use. Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, be reviewed in camera with notice to all parties present by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible, it shall be admissible at the trial of the criminal case. This subsection (g-5) is inoperative on and after January 1, 2005. No conversations recorded or monitored pursuant to this subsection (g-5) shall be inadmissable in a court of law by virtue of the repeal of this subsection (g-5) on January 1, 2005. (h) Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code; (i) Recording of a conversation made by or at the request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording; and (j) The use of a telephone monitoring device by either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when: (i) the monitoring is used for the purpose of service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and (ii) the monitoring is used with the consent of at least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored. No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party. When recording or listening authorized by this subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or
[February 22, 2002] 32 telephone solicitation; the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable. Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment. The notice shall include prominent signage notification within the workplace. Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal-only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording. For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators: (i) soliciting the sale of goods or services; (ii) receiving orders for the sale of goods or services; (iii) assisting in the use of goods or services; or (iv) engaging in the solicitation, administration, or collection of bank or retail credit accounts. For the purposes of this subsection (j), "marketing or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or political issues, or both. (Source: P.A. 91-357, eff. 7-29-99.) (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1) Sec. 29B-1. (a) A person commits the offense of money laundering: (1) when he knowingly engages or attempts to engage in a financial transaction in criminally derived property with either the intent to promote the carrying on of the unlawful activity from which the criminally derived property was obtained or where he knows or reasonably should know that the financial transaction is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership or the control of the criminally derived property; or
33 [February 22, 2002] other means; (2) involves one or more monetary instruments; or (3) the transfer of title to any real or personal property. The receipt by an attorney of bona fide fees for the purpose of legal representation is not a financial transaction for purposes of this Section. (2) "Financial institution" means any bank; saving and loan association; trust company; agency or branch of a foreign bank in the United States; currency exchange; credit union, mortgage banking institution; pawnbroker; loan or finance company; operator of a credit card system; issuer, redeemer or cashier of travelers checks, checks or money orders; dealer in precious metals, stones or jewels; broker or dealer in securities or commodities; investment banker; or investment company. (3) "Monetary instrument" means United States coins and currency; coins and currency of a foreign country; travelers checks; personal checks, bank checks, and money orders; investment securities; bearer negotiable instruments; bearer investment securities; or bearer securities and certificates of stock in such form that title thereto passes upon delivery. (4) "Criminally derived property" means any property constituting or derived from proceeds obtained, directly or indirectly, pursuant to a violation of the Criminal Code of 1961, the Illinois Controlled Substances Act or the Cannabis Control Act. (5) "Conduct" or "conducts" includes, in addition to its ordinary meaning, initiating, concluding, or participating in initiating or concluding a transaction. (6) "Specified criminal activity" means any violation of Section 20.5-5 (720 ILCS 5/20.5-5) and any violation of Article 29D of this Code. (c) Sentence. (1) Laundering of criminally derived property of a value not exceeding $10,000 is a Class 3 felony; (2) Laundering of criminally derived property of a value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony; (3) Laundering of criminally derived property of a value exceeding $100,000 is a Class 1 felony;
[February 22, 2002] 34 devices and any communications facilities including more than one computer with the capability to transmit data among them through communication facilities. (b) "Computer" means a device that accepts, processes, stores, retrieves, or outputs data, and includes, but is not limited to, auxiliary storage and telecommunications devices. (c) "Computer program" means a series of coded instruction or statements in a form acceptable to a computer which causes the computer to process data and supply the results of data processing. (d) "Data" means representations of information, knowledge, facts, concepts or instructions, including program documentation, that are prepared in a formalized manner and are stored or processed in or transmitted by a computer. Data may be in any form, including but not limited to magnetic or optical storage media, punch cards, or data stored internally in the memory of a computer. (e) "Biological products used in or in connection with agricultural production" includes, but is not limited to, seeds, plants, and DNA of plants or animals altered for use in crop or livestock breeding or production or which are sold, intended, designed, or produced for use in crop production or livestock breeding or production. (f) "Agricultural products" means crops and livestock. (g) "Agricultural production" means the breeding and growing of livestock and crops. (h) "Livestock" means animals bred or raised for human consumption. (i) "Crops" means plants raised for: (1) human consumption, (2) fruits that are intended for human consumption, (3) consumption by livestock, and (4) fruits that are intended for consumption by livestock. (j) "Communications systems" means any works, property, or material of any radio, telegraph, telephone, microwave, or cable line, station, or system. (k) "Substantial damage" means monetary damage greater than $100,000. (l) "Terrorist act" or "act of terrorism" means: (1) any act that is intended to cause or create a risk and does cause or create a risk of death or great bodily harm to one or more persons; (2) any act that disables or destroys the usefulness or operation of any communications system; (3) any act or any series of 2 or more acts committed in furtherance of a single intention, scheme, or design that disables or destroys the usefulness or operation of a computer network, computers, computer programs, or data used by any industry, by any class of business, or by 5 or more businesses or by the federal government, State government, any unit of local government, a public utility, a manufacturer of pharmaceuticals, a national defense contractor, or a manufacturer of chemical or biological products used in or in connection with agricultural production; (4) any act that disables or causes substantial damage to or destruction of any structure or facility used in or used in connection with ground, air, or water transportation; the production or distribution of electricity, gas, oil, or other fuel; the treatment of sewage or the treatment or distribution of water; or controlling the flow of any body of water; (5) any act that causes substantial damage to or destruction of livestock or to crops or a series of 2 or more acts committed in furtherance of a single intention, scheme, or design which, in the aggregate, causes substantial damage to or destruction of livestock or crops; (6) any act that causes substantial damage to or destruction of any hospital or any building or facility used by the federal government, State government, any unit of local government or by a national defense contractor or by a public utility, a manufacturer of pharmaceuticals, a manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; or (7) any act that causes substantial damage to any
35 [February 22, 2002] building containing 5 or more businesses of any type or to any building in which 10 or more people reside. (m) "Terrorist" and "terrorist organization" means any person who engages or is about to engage in a terrorist act with the intent to intimidate or coerce a significant portion of a civilian population. (n) "Material support or resources" means currency or other financial securities, financial services, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, any other kind of physical assets or intangible property, and expert services or expert assistance. (o) "Person" has the meaning given in Section 2-15 of this Code and, in addition to that meaning, includes, without limitation, any charitable organization, whether incorporated or unincorporated, any professional fund raiser, professional solicitor, limited liability company, association, joint stock company, association, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose, and any officer, director, partner, member, or agent of any person. (p) "Render criminal assistance" means to do any of the following with the intent to prevent, hinder, or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he or she knows or believes has committed an offense under this Article or is being sought by law enforcement officials for the commission of an offense under this Article, or with the intent to assist a person in profiting or benefiting from the commission of an offense under this Article: (1) harbor or conceal the person; (2) warn the person of impending discovery or apprehension; (3) provide the person with money, transportation, a weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension; (4) prevent or obstruct, by means of force, intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; (5) suppress, by any act of concealment, alteration, or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; (6) aid the person to protect or expeditiously profit from an advantage derived from the crime; or (7) provide expert services or expert assistance to the person. Providing expert services or expert assistance shall not be construed to apply to: (1) a licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights and (2) a licensed medical doctor who provides emergency medical treatment to a person whom he or she believes has committed an offense under this Article if, as soon as reasonably practicable either before or after providing such treatment, he or she notifies a law enforcement agency. (720 ILCS 5/29D-15 new) Sec. 29D-15. Soliciting material support for terrorism; providing material support for a terrorist act. (a) A person is guilty of soliciting material support for terrorism if he or she knowingly raises, solicits, or collects material support or resources knowing that the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism as defined in Section 29D-30 or causing a catastrophe as defined in Section 20.5-5 (720 ILCS 5/20.5-5) of this Code, or who knows and intends that the material support or resources so raised, solicited, or collected will be used in the commission of a terrorist act as defined in Section 29D-10(1) of this Code by an organization designated under 8 U.S.C. 1189, as amended. It is not an element of the offense that the defendant
[February 22, 2002] 36 actually knows that an organization has been designated under 8 U.S.C. 1189, as amended. (b) A person is guilty of providing material support for terrorism if he or she knowingly provides material support or resources to a person knowing that the person will use that support or those resources in whole or in part to plan, prepare, carry out, facilitate, or to avoid apprehension for committing terrorism as defined in Section 29D-30 or to cause a catastrophe as defined in Section 20.5-5 (720 ILCS 5/20.5-5) of this Code. (c) Sentence. Soliciting material support for terrorism is a Class X felony for which the sentence shall be a term of imprisonment of no less than 9 years and no more than 40 years. Providing material support for a terrorist act is a Class X felony for which the sentence shall be a term of imprisonment of no less than 9 years and no more than 40 years. (720 ILCS 5/29D-20 new) Sec. 29D-20. Making a terrorist threat. (a) A person is guilty of making a terrorist threat when, with the intent to intimidate or coerce a significant portion of a civilian population, he or she in any manner knowingly threatens to commit or threatens to cause the commission of a terrorist act as defined in Section 29D-10(1) and thereby causes a reasonable expectation or fear of the imminent commission of a terrorist act as defined in Section 29D-10(1) or of another terrorist act as defined in Section 29D-10(1). (b) It is not a defense to a prosecution under this Section that at the time the defendant made the terrorist threat, unknown to the defendant, it was impossible to carry out the threat, nor is it a defense that the threat was not made to a person who was a subject or intended victim of the threatened act. (c) Sentence. Making a terrorist threat is a Class X felony. (720 ILCS 5/29D-25 new) Sec. 29D-25. Falsely making a terrorist threat. (a) A person is guilty of falsely making a terrorist threat when in any manner he or she knowingly makes a threat to commit or cause to be committed a terrorist act as defined in Section 29D-10(1) or otherwise knowingly creates the impression or belief that a terrorist act is about to be or has been committed, or in any manner knowingly makes a threat to commit or cause to be committed a catastrophe as defined in Section 20.5-5 (720 ILCS 5/20.5-5) of this Code which he or she knows is false. (b) Sentence. Falsely making a terrorist threat is a Class 1 felony. (720 ILCS 5/29D-30 new) Sec. 29D-30. Terrorism. (a) A person is guilty of terrorism when, with the intent to intimidate or coerce a significant portion of a civilian population: (1) he or she knowingly commits a terrorist act as defined in Section 29D-10(1) of this Code within this State; or (2) he or she, while outside this State, knowingly commits a terrorist act as defined in Section 29D-10(1) of this Code that takes effect within this State or produces substantial detrimental effects within this State. (b) Sentence. Terrorism is a Class X felony. If no deaths are caused by the terrorist act, the sentence shall be a term of 20 years to natural life imprisonment; however, if the terrorist act caused the death of one or more persons, a mandatory term of natural life imprisonment shall be the sentence in the event the death penalty is not imposed. (720 ILCS 5/29D-35 new) Sec. 29D-35. Hindering prosecution of terrorism. (a) A person is guilty of hindering prosecution of terrorism when he or she renders criminal assistance to a person who has committed terrorism as defined in Section 29D-30 or caused a catastrophe, as defined in Section 20.5-5 of this Code when he or she knows that the person to whom he or she rendered criminal assistance engaged in an act of terrorism or caused a catastrophe.
37 [February 22, 2002] (b) Hindering prosecution of terrorism is a Class X felony, the sentence for which shall be a term of 20 years to natural life imprisonment if no death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance and a mandatory term of natural life imprisonment if death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance. (720 ILCS 5/29D-40 new) Sec. 29D-40. Restitution. In addition to any other penalty that may be imposed, a court shall sentence any person convicted of any violation of this Article to pay all expenses incurred by the federal government, State government, or any unit of local government in responding to any violation and cleaning up following any violation. (720 ILCS 5/29D-45 new) Sec. 29D-45. Limitations. A prosecution for any offense in this Article may be commenced at any time. (720 ILCS 5/29D-60 new) Sec. 29D-60. Injunctive relief. Whenever it appears to the Attorney General or any State's Attorney that any person is engaged in, or is about to engage in, any act that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may initiate a civil action in the circuit court to enjoin the violation. (720 ILCS 5/29D-65 new) Sec. 29D-65. Asset freeze, seizure, and forfeiture. (a) Asset freeze, seizure, and forfeiture in connection with a violation of this Article. (1) Whenever it appears that there is probable cause to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze or seize all the assets of that person and, upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order to freeze or seize all assets of that person. A copy of the freeze or seize order shall be served upon the person whose assets have been frozen or seized and that person or any person claiming an interest in the property may, at any time within 30 days of service, file a motion to release his or her assets. Within 10 days that person is entitled to a hearing. In any proceeding to release assets, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was using, is about to use, or is intending to use any property in any way that constitutes or would constitute a violation of this Article. If the court finds that any property was being used, is about to be used, or is intended to be used in violation of or in any way that would constitute a violation of this Article, the court shall order such property frozen or held until further order of the court. Any property so ordered held or frozen shall be subject to forfeiture under the following procedure. Upon the request of the defendant, the court may release frozen or seized assets sufficient to pay attorney's fees for representation of the defendant at a hearing conducted under this Section. (2) If, within 60 days after any seizure or asset freeze under subparagraph (1) of this Section, a person having any property interest in the seized or frozen property is charged with an offense, the court which renders judgment upon the charge shall, within 30 days after the judgment, conduct a forfeiture hearing to determine whether the property was used, about to be used, or intended to be used in violation of this Article or in connection with any violation of this Article, or was integrally related to any violation or intended violation of this Article. The hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized
[February 22, 2002] 38 or frozen property, a representation that written notice of the date, time, and place of the hearing has been mailed to every such person by certified mail at least 10 days before the date, and a request for forfeiture. Every such person may appear as a party and present evidence at the hearing. The quantum of proof required shall be preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized or frozen property was used, about to be used, or intended to be used in violation of this Article or in connection with any violation of this Article, or was integrally related to any violation or intended violation of this Article, an order of forfeiture and disposition of the seized or frozen money and property shall be entered. All property forfeited may be liquidated and the resultant money together with any money forfeited shall be allocated among the participating law enforcement agencies in such proportions as may be determined to be equitable by the court entering the forfeiture order, any such property so forfeited shall be received by the State's Attorney or Attorney General and upon liquidation shall be allocated among the participating law enforcement agencies in such proportions as may be determined equitable by the court entering the forfeiture order. (3) If a seizure or asset freeze under subparagraph (1) of this subsection (a) is not followed by a charge under this Article within 60 days, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction or a judgment of acquittal is entered, the State's Attorney or Attorney General shall immediately commence an in rem proceeding for the forfeiture of any seized money or other things of value, or both, in the circuit court and any person having any property interest in the money or property may commence separate civil proceedings in the manner provided by law. Any property so forfeited shall be allocated among the participating law enforcement agencies in such proportions as may be determined to be equitable by the court entering the forfeiture order. (b) Forfeiture of property acquired in connection with a violation of this Article. (1) Any person who commits any offense under this Article shall forfeit, according to the provisions of this Section, any moneys, profits, or proceeds, and any interest or property in which the sentencing court determines he or she has acquired or maintained, directly or indirectly, in whole or in part, as a result of, or used, was about to be used, or was intended to be used in connection with the offense. The person shall also forfeit any interest in, security, claim against, or contractual right of any kind which affords the person a source of influence over any enterprise which he or she has established, operated, controlled, conducted, or participated in conducting, where his or her relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit which he or she has obtained or acquired through an offense under this Article or which he or she used, about to use, or intended to use in connection with any offense under this Article. Forfeiture under this Section may be pursued in addition to or in lieu of proceeding under subsection (a) of this Section. (2) Proceedings instituted under this subsection shall be subject to and conducted in accordance with the following procedures: (A) The sentencing court shall, upon petition by the prosecuting agency, whether it is the Attorney General or the State's Attorney, at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this subsection. At the forfeiture hearing the People of the State of Illinois shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture.
39 [February 22, 2002] (B) In any action brought by the People of the State of Illinois under this Section, the court shall have jurisdiction to enter such restraining orders, injunctions, or prohibitions, or to take such other action in connection with any real, personal, or mixed property, or other interest, subject to forfeiture, as it shall consider proper. (C) In any action brought by the People of the State of Illinois under this subsection in which any restraining order, injunction, or prohibition or any other action in connection with any property or interest subject to forfeiture under this subsection is sought, the circuit court presiding over the trial of the person or persons charged with a violation under this Article shall first determine whether there is probable cause to believe that the person or persons so charged have committed an offense under this Article and whether the property or interest is subject to forfeiture under this subsection. In order to make this determination, prior to entering any such order, the court shall conduct a hearing without a jury in which the People shall establish: (i) probable cause that the person or persons so charged have committed an offense under this Article; and (ii) probable cause that any property or interest may be subject to forfeiture under this subsection. The hearing may be conducted simultaneously with a preliminary hearing if the prosecution is commenced by information, or by motion of the People at any stage in the proceedings. The court may enter a finding of probable cause at a preliminary hearing following the filing of an information charging a violation of this Article or the return of an indictment by a grand jury charging an offense under this Article as sufficient probable cause for purposes of this subsection. Upon such a finding, the circuit court shall enter such restraining order, injunction, or prohibition or shall take such other action in connection with any such property or other interest subject to forfeiture under this subsection as is necessary to ensure that the property is not removed from the jurisdiction of the court, concealed, destroyed, or otherwise disposed of by the owner or holder of that property or interest prior to a forfeiture hearing under this subsection. The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order, or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition, or other action. The court may release the property to the defendant for good cause shown and within the sound discretion of the court. (D) Upon a conviction of a person under this Article, the court shall authorize the Attorney General or State's Attorney to seize and sell all property or other interest declared forfeited under this Article, unless the property is required by law to be destroyed or is harmful to the public. The court may order the Attorney General or State's Attorney to segregate funds from the proceeds of the sale sufficient: (1) to satisfy any order of restitution, as the court may deem appropriate; (2) to satisfy any legal right, title, or interest which the court deems superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to forfeiture under this subsection; or (3) to satisfy any bona-fide purchaser for value of the
[February 22, 2002] 40 right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture. Following the entry of an order of forfeiture, the Attorney General or State's Attorney shall publish notice of the order and his or her intent to dispose of the property. Within 30 days following the publication, any person may petition the court to adjudicate the validity of his or her alleged interest in the property. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute the proceeds of the sale, along with any moneys forfeited or seized, among participating law enforcement agencies in such equitable portions as the court shall determine. (E) No judge shall release any property or money seized under subdivision (A) or (B) for the payment of attorney's fees of any person claiming an interest in such money or property. (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 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. (720 ILCS 5/29D-70 new) Sec. 29D-70. Severability. If any clause, sentence, Section, provision, or part of this Article or the application thereof to any person or circumstance shall be adjudged to be unconstitutional, the remainder of this Article or its application to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
41 [February 22, 2002] Section 17. The Boarding Aircraft With Weapon Act is amended by changing Section 7 as follows: (720 ILCS 545/7) (from Ch. 38, par. 84-7) Sec. 7. Sentence. Violation of this Act is a Class 4 felony
[February 22, 2002] 42 shall be the same as the contents of a warrant upon affidavit. (6) Additional rule for execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant. (7) Motion to suppress based on failure to obtain a written affidavit. Evidence obtained pursuant to a warrant issued under this subsection (b) is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit, absent a finding of bad faith. All other grounds to move to suppress are preserved. (8) This subsection (b) is inoperative on and after January 1, 2005. (9) No evidence obtained pursuant to this subsection (b) shall be inadmissable in a court of law by virtue of subdivision (8). (Source: P.A. 87-523.) (725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6) Sec. 108A-6. Emergency Exception to Procedures. (a) Notwithstanding any other provisions of this Article, any investigative or law enforcement officer, upon approval of a State's Attorney, or without it if a reasonable effort has been made to contact the appropriate State's Attorney, may use an eavesdropping device in an emergency situation as defined in this Section. Such use must be in accordance with the provisions of this Section and may be allowed only where the officer reasonably believes that an order permitting the use of the device would issue were there a prior hearing. An emergency situation exists when, without previous notice to the law enforcement officer sufficient to obtain prior judicial approval, the conversation to be overheard or recorded will occur within a short period of time, the use of the device is necessary for the protection of the law enforcement officer or it will occur in a situation involving a clear and present danger of imminent death or great bodily harm to persons resulting from: (1) a kidnapping or the holding of a hostage by force or the threat of the imminent use of force; or (2) the occupation by force or the threat of the imminent use of force of any premises, place, vehicle, vessel or aircraft; or (3) any violation of Article 29D. (b) In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. In order to approve such emergency use, the judge must make a determination (1) that he would have granted an order had the information been before the court prior to the use of the device and (2) that there was an emergency situation as defined in this Section. (c) In the event that an application for approval under this Section is denied the contents of the conversations overheard or recorded shall be treated as having been obtained in violation of this Article. (Source: P.A. 86-763.) (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1) Sec. 108B-1. Definitions. For the purpose of this Article: (a) "Aggrieved person" means a person who was a party to any intercepted private
43 [February 22, 2002] authority to issue orders without additional authorization for each specific application made to him by the State's Attorney until the time the Associate Judge's power is rescinded by the Chief Judge. (c) "Communications common carrier" means any person engaged as a common carrier
[February 22, 2002] 44 (p) "Wire communication" means any human speech used to communicate by one party to another in whole or in part through the use of facilities for the transmission of communications by wire, cable or other like connection between the point of origin and the point of reception furnished or operated by a communications common carrier. (q) "Privileged communications" means a private
45 [February 22, 2002] a second or subsequent gang-related offense or that the interception of the private oral communication will aid in the collection of a judgment entered under that Act; or (iv) upon information and belief that a streetgang has committed, is committing, or is about to commit a felony. (b) The State's Attorney or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability, may authorize, in writing, an ex parte application to the chief judge of a circuit court for an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit, a violation of an offense under Article 29D of the Criminal Code of 1961. (b-1) Subsection (b) is inoperative on and after January 1, 2005. (b-2) No conversations recorded or monitored pursuant to subsection (b) shall be made inadmissable in a court of law by virtue of subsection (b-1). (c) As used in this Section, "streetgang" and "gang-related" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (Source: P.A. 88-249; 88-677, eff. 12-15-94.) (725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4) Sec. 108B-4. Application for order of interception. (a) Each application for an order of authorization to intercept a private
[February 22, 2002] 46 the same facilities or places specified in the application or involving any person whose communication is to be intercepted, and the action taken by the court on each application; (6) A proposed order of authorization for consideration by the judge; and (7) Such additional statements of facts in support of the application on which the applicant may rely or as the chief judge may require. (b) As part of the consideration of that part of an application for which there is no corroborative evidence offered, the chief judge may inquire in camera as to the identity of any informant or request any other additional information concerning the basis upon which the State's Attorney, or the head of the law enforcement agency has relied in making an application or a request for application for the order of authorization which the chief judge finds relevant to the determination of probable cause under this Article. (Source: P.A. 85-1203.) (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5) Sec. 108B-5. Requirements for order of interception. Upon consideration of an application, the chief judge may enter an ex parte order, as requested or as modified, authorizing the interception of a private
47 [February 22, 2002] (4) A particular description of the type of private communication to be intercepted and a statement of the particular offense to which it relates; (5) The identity and certification of the electronic criminal surveillance officers to whom the authority to intercept a private
[February 22, 2002] 48 of Illinois. (2) When the language of this Article is the same or similar to the language of Title III of P.L. 90-351 (82 Stat. 211 et seq., codified at, 18 U.S.C. 2510 et seq.), the courts of this State in construing this Article shall follow the construction given to Federal law by the United States Supreme Court or United States Court of Appeals for the Seventh Circuit. (Source: P.A. 85-1203.) (725 ILCS 5/108B-7.5 new) Sec. 108B-7.5. Applicability. (a) The requirements of subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if: (1) in the case of an application with respect to the interception of an oral communication: (A) the application is by the State's Attorney, or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability; (B) the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; (C) the judge finds that such specification is not practical; and (D) the order sought is in connection with an investigation of a violation of Article 29D of the Criminal Code of 1961. (2) in the case of an application with respect to a wire or electronic communication: (A) the application is by the State's Attorney, or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability; (B) the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility; (C) the judge finds that such showing has been adequately made; (D) the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted; and (E) the order sought is in connection with an investigation of a violation of Article 29D of the Criminal Code of 1961. (b) An interception of a communication under an order with respect to which the requirements of subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article do not apply by reason of this Section shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subdivision (a)(2) may upon notice to the People move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court shall decide such a motion expeditiously. (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
49 [February 22, 2002] Sec. 108B-8. Emergency use of eavesdropping device. (a) Whenever, upon informal application by the State's Attorney, a chief judge of competent jurisdiction determines that: (1) There may be grounds upon which an order could be issued under this Article; (2) There is probable cause to believe that an emergency situation exists with respect to the investigation of an offense enumerated in Section 108B-3; and (3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate interception of a private
[February 22, 2002] 50 Sec. 108B-10. Applications, orders, and custody. (a) Applications made and orders granted under this Article for the interception of private
51 [February 22, 2002] interception. The chief judge of a court of competent jurisdiction shall enter an order approving the interception if he finds that at the time of the application, there existed probable cause to believe that a person whose private
[February 22, 2002] 52 private
53 [February 22, 2002] personnel and specialized training to attack and eliminate these profits. In light of the transitory and complex nature of conduct that constitutes these criminal activities, the many diverse property interests that may be used, acquired directly or indirectly as a result of these criminal activities, and the many places that illegally obtained property may be located, it is the purpose of this Act to create a limited, multicounty Statewide Grand Jury with authority to investigate, indict, and prosecute: narcotic activity, including cannabis and controlled substance trafficking, narcotics racketeering, money laundering,
[February 22, 2002] 54 prostitution, juvenile pimping, or child pornography; and (b) For the offenses of perjury, subornation of perjury, communicating with jurors and witnesses, and harassment of jurors and witnesses, as they relate to matters before the Statewide Grand Jury. "Streetgang related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. Upon written application by the Attorney General for the convening of an additional Statewide Grand Jury, the Chief Justice of the Supreme Court shall appoint a Circuit Judge from the circuit for which the additional Statewide Grand Jury is sought. The Circuit Judge shall determine the necessity for an additional Statewide Grand Jury in accordance with the provisions of this Section. No more than 2 Statewide Grand Juries may be empaneled at any time. (Source: P.A. 91-225, eff. 1-1-00; 91-947, eff. 2-9-01.) (725 ILCS 215/4) (from Ch. 38, par. 1704) Sec. 4. (a) The presiding judge of the Statewide Grand Jury will receive recommendations from the Attorney General as to the county in which the Grand Jury will sit. Prior to making the recommendations, the Attorney General shall obtain the permission of the local State's Attorney to use his or her county for the site of the Statewide Grand Jury. Upon receiving the Attorney General's recommendations, the presiding judge will choose one of those recommended locations as the site where the Grand Jury shall sit. Any indictment by a Statewide Grand Jury shall be returned to the Circuit Judge presiding over the Statewide Grand Jury and shall include a finding as to the county or counties in which the alleged offense was committed. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial. The judge may also, by order, direct the consolidation of an indictment returned by a county grand jury with an indictment returned by the Statewide Grand Jury and set venue for trial. (b) Venue for purposes of trial for the offense of narcotics racketeering shall be proper in any county where: (1) Cannabis or a controlled substance which is the basis for the charge of narcotics racketeering was used; acquired; transferred or distributed to, from or through; or any county where any act was performed to further the use; acquisition, transfer or distribution of said cannabis or controlled substance; or (2) Any money, property, property interest, or any other asset generated by narcotics activities was acquired, used, sold, transferred or distributed to, from or through; or, (3) Any enterprise interest obtained as a result of narcotics racketeering was acquired, used, transferred or distributed to, from or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise. (c) Venue for purposes of trial for the offense of money laundering shall be proper in any county where any part of a financial transaction in criminally derived property took place, or in any county where any money or monetary interest which is the basis for the offense, was acquired, used, sold, transferred or distributed to, from, or through. (d) A person who commits the offense of cannabis trafficking or controlled substance trafficking may be tried in any county. (e) Venue for purposes of trial for any violation of Article 29D of the Criminal Code of 1961 may be in the county in which an act of terrorism occurs, the county in which material support or resources are provided or solicited, the county in which criminal assistance is rendered, or any county in which any act in furtherance of any violation of Article 29D of the Criminal Code of 1961 occurs. (Source: P.A. 87-466.) (725 ILCS 215/10) (from Ch. 38, par. 1710) Sec. 10. The Attorney General shall, at the earliest opportunity, upon initiation of Grand Jury action, consult with and advise the State's Attorney of any county involved in a Statewide Grand Jury
55 [February 22, 2002] terrorist or narcotics investigation. Further, the State's Attorney may attend the Grand Jury proceedings or the trial of any party being investigated or indicted by the Statewide Grand Jury, and may assist in the prosecution, which in his or her judgment, is in the interest of the people of his or her county. Prior to granting transactional immunity to any witness before the Statewide Grand Jury, any State's Attorney with jurisdiction over the offense or offenses being investigated by the Statewide Grand Jury must consent to the granting of immunity to the witness. Prior to granting use immunity to any witness before the Statewide Grand Jury, the Attorney General shall consult with any State's Attorney with jurisdiction over the offense or offenses being investigated by the Statewide Grand Jury. (Source: P.A. 87-466.) Section 25. The Unified Code of Corrections is amended by changing Sections 3-6-3 and 5-4-3 as follows: (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) Sec. 3-6-3. Rules and Regulations for Early Release. (a) (1) The Department of Corrections shall prescribe rules and regulations for the early release on account of good conduct of persons committed to the Department which shall be subject to review by the Prisoner Review Board. (2) The rules and regulations on early release shall provide, with respect to offenses committed on or after June 19, 1998, the following: (i) that a prisoner who is serving a term of imprisonment for first degree murder or for the offense of terrorism shall receive no good conduct credit and shall serve the entire sentence imposed by the court; (ii) that a prisoner serving a sentence for attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm, heinous battery, aggravated battery of a senior citizen, or aggravated battery of a child shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment; and (iii) that a prisoner serving a sentence for home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. (2.1) For all offenses, other than those enumerated in subdivision (a)(2) committed on or after June 19, 1998, and other than the offense of reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 committed on or after January 1, 1999, the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9. Each day of good conduct credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3-3-9. (2.2) A prisoner serving a term of natural life imprisonment or a prisoner who has been sentenced to death shall receive no good conduct credit. (2.3) The rules and regulations on early release shall provide that a prisoner who is serving a sentence for reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 committed on or after January 1, 1999 shall receive no more than 4.5 days of good conduct credit for each month
[February 22, 2002] 56 of his or her sentence of imprisonment. (2.4) The rules and regulations on early release shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after the effective date of this amendatory Act of 1999, that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. (2.5) The rules and regulations on early release shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after the effective date of this amendatory Act of the 92nd General Assembly shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. (3) The rules and regulations shall also provide that the Director may award up to 180 days additional good conduct credit for meritorious service in specific instances as the Director deems proper; except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child, endangering the life or health of a child, cruelty to a child, or narcotic racketeering. Notwithstanding the foregoing, good conduct credit for meritorious service shall not be awarded on a sentence of imprisonment imposed for conviction of: (i) one of the offenses enumerated in subdivision (a)(2) when the offense is committed on or after June 19, 1998, (ii) reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 when the offense is committed on or after January 1, 1999, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after the effective date of this amendatory Act of 1999, or (iv) aggravated arson when the offense is committed on or after the effective date of this amendatory Act of the 92nd General Assembly. (4) The rules and regulations shall also provide that the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any inmate during specific periods of time in which such inmate is engaged full-time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date. However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) while assigned to a boot camp, mental health unit, or electronic detention, or if convicted of an offense enumerated in paragraph (a)(2) of this Section that is committed on or after June 19, 1998, or if convicted of reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 if the offense is committed on or after January 1, 1999, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after the effective date of this amendatory Act of 1999, or first degree murder, a Class X felony, criminal sexual assault, felony criminal
57 [February 22, 2002] sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses. No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility. Educational, vocational, substance abuse and correctional industry programs under which good conduct credit may be increased under this paragraph (4) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants. Availability of these programs shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate. (5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of good conduct credit for meritorious service given at any time during the term, the Department shall give reasonable advance notice of the impending release to the State's Attorney of the county where the prosecution of the inmate took place. (b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of good time. (c) The Department shall prescribe rules and regulations for revoking good conduct credit, or suspending or reducing the rate of accumulation of good conduct credit for specific rule violations, during imprisonment. These rules and regulations shall provide that no inmate may be penalized more than one year of good conduct credit for any one infraction. When the Department seeks to revoke, suspend or reduce the rate of accumulation of any good conduct credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days or when during any 12 month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In those cases, the Department of Corrections may revoke up to 30 days of good conduct credit. The Board may subsequently approve the revocation of additional good conduct credit, if the Department seeks to revoke good conduct credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of good conduct credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department. The Director of the Department of Corrections, in appropriate cases, may restore up to 30 days good conduct credits which have been revoked, suspended or reduced. Any restoration of good conduct credits in excess of 30 days shall be subject to review by the Prisoner Review Board. However, the Board may not restore good conduct credit in excess of the amount requested by the Director. Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court
[February 22, 2002] 58 that was not served due to the accumulation of good conduct credit. (d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of good conduct credit by bringing charges against the prisoner sought to be deprived of the good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code. If the prisoner has not accumulated 180 days of good conduct credit at the time of the finding, then the Prisoner Review Board may revoke all good conduct credit accumulated by the prisoner. For purposes of this subsection (d): (1) "Frivolous" means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria: (A) it lacks an arguable basis either in law or in fact; (B) it is being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (C) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (D) the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or (E) the denials of factual contentions are not warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief. (2) "Lawsuit" means a petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963, a motion pursuant to Section 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act or an action under the federal Civil Rights Act (42 U.S.C. 1983). (e) Nothing in this amendatory Act of 1998 affects the validity of Public Act 89-404. (Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99; 92-176, eff. 7-27-01.) (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) Sec. 5-4-3. Persons convicted of, or found delinquent for, qualifying offenses or institutionalized as sexually dangerous; blood specimens; genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense, or institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act, or committed as a sexually violent person under the Sexually Violent Persons Commitment Act shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section, provided such person is: (1) convicted of a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1989, and sentenced to a term of imprisonment, periodic imprisonment, fine, probation, conditional discharge or any other form of sentence, or given a disposition of court supervision for the offense, or (1.5) found guilty or given supervision under the Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1996, or
59 [February 22, 2002] (2) ordered institutionalized as a sexually dangerous person on or after the effective date of this amendatory Act of 1989, or (3) convicted of a qualifying offense or attempt of a qualifying offense before the effective date of this amendatory Act of 1989 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction, or (4) presently institutionalized as a sexually dangerous person or presently institutionalized as a person found guilty but mentally ill of a sexual offense or attempt to commit a sexual offense; or (4.5) ordered committed as a sexually violent person on or after the effective date of the Sexually Violent Persons Commitment Act; or (5) seeking transfer to or residency in Illinois under Sections 3-3-11 through 3-3-11.5 of the Unified Code of Corrections (Interstate Compact for the Supervision of Parolees and Probationers) or the Interstate Agreements on Sexually Dangerous Persons Act. (a-5) Any person who was otherwise convicted of or received a disposition of court supervision for any other offense under the Criminal Code of 1961 or any offense classified as a felony under Illinois law or who was found guilty or given supervision for such a violation under the Juvenile Court Act of 1987, may, regardless of the sentence imposed, be required by an order of the court to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section. (b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), and (a-5) to provide specimens of blood shall provide specimens of blood within 45 days after sentencing or disposition at a collection site designated by the Illinois Department of State Police. (c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to provide specimens of blood shall be required to provide such samples prior to final discharge, parole, or release at a collection site designated by the Illinois Department of State Police. (c-5) Any person required by paragraph (a)(5) to provide specimens of blood shall, where feasible, be required to provide the specimens before being accepted for conditioned residency in Illinois under the interstate compact or agreement, but no later than 45 days after arrival in this State. (d) The Illinois Department of State Police shall provide all equipment and instructions necessary for the collection of blood samples. The collection of samples shall be performed in a medically approved manner. Only a physician authorized to practice medicine, a registered nurse or other qualified person trained in venipuncture may withdraw blood for the purposes of this Act. The samples shall thereafter be forwarded to the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. (e) The genetic marker groupings shall be maintained by the Illinois Department of State Police, Division of Forensic Services. (f) The genetic marker grouping analysis information obtained pursuant to this Act shall be confidential and shall be released only to peace officers of the United States, of other states or territories, of the insular possessions of the United States, of foreign countries duly authorized to receive the same, to all peace officers of the State of Illinois and to all prosecutorial agencies. Notwithstanding any other statutory provision to the contrary, all information obtained under this Section shall be maintained in a single State data base, which may be uploaded into a national database, and may not be subject to expungement. (g) For the purposes of this Section, "qualifying offense" means any of the following: (1) Any violation or inchoate violation of Section 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2,
[February 22, 2002] 60 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the Criminal Code of 1961, or (1.1) Any violation or inchoate violation of Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which persons are convicted on or after July 1, 2001, or (2) Any former statute of this State which defined a felony sexual offense, or (3) Any violation of paragraph (10) of subsection (b) of Section 10-5 of the Criminal Code of 1961 when the sentencing court, upon a motion by the State's Attorney or Attorney General, makes a finding that the child luring involved an intent to commit sexual penetration or sexual conduct as defined in Section 12-12 of the Criminal Code of 1961, or (4) Any violation or inchoate violation of Section 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4, 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of 1961, or (5) Any violation or inchoate violation of Article 29D of the Criminal Code of 1961. (g-5) The Department of State Police is not required to provide equipment to collect or to accept or process blood specimens from individuals convicted of any offense listed in paragraph (1.1) or (4) of subsection (g), until acquisition of the resources necessary to process such blood specimens, or in the case of paragraph (1.1) of subsection (g) until July 1, 2003, whichever is earlier. Upon acquisition of necessary resources, including an appropriation for the purpose of implementing this amendatory Act of the 91st General Assembly, but in the case of paragraph (1.1) of subsection (g) no later than July 1, 2003, the Department of State Police shall notify the Department of Corrections, the Administrative Office of the Illinois Courts, and any other entity deemed appropriate by the Department of State Police, to begin blood specimen collection from individuals convicted of offenses enumerated in paragraphs (1.1) and (4) of subsection (g) that the Department is prepared to provide collection equipment and receive and process blood specimens from individuals convicted of offenses enumerated in paragraph (1.1) of subsection (g). Until the Department of State Police provides notification, designated collection agencies are not required to collect blood specimen from individuals convicted of offenses enumerated in paragraphs (1.1) and (4) of subsection (g). (h) The Illinois Department of State Police shall be the State central repository for all genetic marker grouping analysis information obtained pursuant to this Act. The Illinois Department of State Police may promulgate rules for the form and manner of the collection of blood samples and other procedures for the operation of this Act. The provisions of the Administrative Review Law shall apply to all actions taken under the rules so promulgated. (i) A person required to provide a blood specimen shall cooperate with the collection of the specimen and any deliberate act by that person intended to impede, delay or stop the collection of the blood specimen is a Class A misdemeanor. (j) Any person required by subsection (a) to submit specimens of blood to the Illinois Department of State Police for analysis and categorization into genetic marker grouping, in addition to any other disposition, penalty, or fine imposed, shall pay an analysis fee of $500. Upon verified petition of the person, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee. (k) All analysis and categorization fees provided for by subsection (j) shall be regulated as follows: (1) The State Offender DNA Identification System Fund is hereby created as a special fund in the State Treasury. (2) All fees shall be collected by the clerk of the court and forwarded to the State Offender DNA Identification System Fund for deposit. The clerk of the circuit court may retain the amount of $10 from each collected analysis fee to offset administrative costs
61 [February 22, 2002] incurred in carrying out the clerk's responsibilities under this Section. (3) Fees deposited into the State Offender DNA Identification System Fund shall be used by Illinois State Police crime laboratories as designated by the Director of State Police. These funds shall be in addition to any allocations made pursuant to existing laws and shall be designated for the exclusive use of State crime laboratories. These uses may include, but are not limited to, the following: (A) Costs incurred in providing analysis and genetic marker categorization as required by subsection (d). (B) Costs incurred in maintaining genetic marker groupings as required by subsection (e). (C) Costs incurred in the purchase and maintenance of equipment for use in performing analyses. (D) Costs incurred in continuing research and development of new techniques for analysis and genetic marker categorization. (E) Costs incurred in continuing education, training, and professional development of forensic scientists regularly employed by these laboratories. (l) The failure of a person to provide a specimen, or of any person or agency to collect a specimen, within the 45 day period shall in no way alter the obligation of the person to submit such specimen, or the authority of the Illinois Department of State Police or persons designated by the Department to collect the specimen, or the authority of the Illinois Department of State Police to accept, analyze and maintain the specimen or to maintain or upload results of genetic marker grouping analysis information into a State or national database. (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01; 92-40, eff. 6-29-01.) Section 30. The Charitable Trust Act is amended by adding Section 16.5 as follows: (760 ILCS 55/16.5 new) Sec. 16.5. Terrorist acts. (a) Any person or organization subject to registration under this Act, who knowingly acts to further, directly or indirectly, or knowingly uses charitable assets to conduct or further, directly or indirectly, an act or actions as set forth in Article 29D of the Criminal Code of 1961, is thereby engaged in an act or actions contrary to public policy and antithetical to charity, and all of the funds, assets, and records of the person or organization shall be subject to temporary and permanent injunction from use or expenditure and the appointment of a temporary and permanent receiver to take possession of all of the assets and related records. (b) An ex parte action may be commenced by the Attorney General, and, upon a showing of probable cause of a violation of this Section or Article 29D of the Criminal Code of 1961, an immediate seizure of books and records by the Attorney General by and through his or her assistants or investigators or the Department of State Police and freezing of all assets shall be made by order of a court to protect the public, protect the assets, and allow a full review of the records. (c) Upon a finding by a court after a hearing that a person or organization has acted or is in violation of this Section, the person or organization shall be permanently enjoined from soliciting funds from the public, holding charitable funds, or acting as a trustee or fiduciary within Illinois. Upon a finding of violation all assets and funds held by the person or organization shall be forfeited to the People of the State of Illinois or otherwise ordered by the court to be accounted for and marshaled and then delivered to charitable causes and uses within the State of Illinois by court order. (d) A determination under this Section may be made by any court separate and apart from any criminal proceedings and the standard of proof shall be that for civil proceedings. (e) Any knowing use of charitable assets to conduct or further, directly or indirectly, an act or actions set forth in Article 29D of
[February 22, 2002] 62 the Criminal Code of 1961 shall be a misuse of charitable assets and breach of fiduciary duty relative to all other Sections of this Act. Section 40. The Code of Civil Procedure is amended by changing Section 8-802 as follows: (735 ILCS 5/8-802) (from Ch. 110, par. 8-802) (Text of Section WITHOUT the changes made by P.A. 89-7, which has been held unconstitutional) Sec. 8-802. Physician and patient. No physician or surgeon 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 physician for malpractice, (3) with the expressed consent of the patient, or in case of his or her death or disability, of his or 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 or 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 of blood alcohol tests are admissible pursuant to Section 11-501.4 of the Illinois Vehicle Code,
63 [February 22, 2002] Y McGuire, Chair N Lawfer N Berns Y Lyons, Joseph N Coulson, Spkpn N Marquardt N Cowlishaw Y Mendoza Y Forby A Mitchell, Jerry Y Franks, V-Chair N Moffitt Y Garrett Y Ryan Y Giles N Saviano Y Jefferson Y Soto N Wait (Schmitz) The committee roll call vote on HOUSE BILL 4246 is as follows: 17, Yeas; 2, Nays; 0, Answering Present. Y McGuire, Chair Y Lawfer Y Berns Y Lyons, Joseph Y Coulson, Spkpn Y Marquardt N Cowlishaw Y Mendoza Y Forby Y Mitchell, Jerry Y Franks, V-Chair Y Moffitt Y Garrett Y Ryan Y Giles Y Saviano N Jefferson Y Soto Y Wait (Schmitz) The committee roll call vote on HOUSE BILL 4294 is as follows: 11, Yeas; 7, Nays; 0, Answering Present. Y McGuire, Chair N Lawfer N Berns Y Lyons, Joseph Y Coulson, Spkpn N Marquardt N Cowlishaw Y Mendoza Y Forby N Mitchell, Jerry Y Franks, V-Chair Y Moffitt Y Garrett Y Ryan Y Giles Y Saviano N Jefferson A Soto N Wait (Schmitz) The committee roll call vote on HOUSE BILL 6040 is as follows: 18, Yeas; 1, Nays; 0, Answering Present. Y McGuire, Chair Y Lawfer Y Berns Y Lyons, Joseph Y Coulson, Spkpn Y Marquardt N Cowlishaw Y Mendoza Y Forby Y Mitchell, Jerry Y Franks, V-Chair Y Moffitt Y Garrett Y Ryan Y Giles Y Saviano Y Jefferson Y Soto Y Wait (Schmitz) Representative Morrow, Chairperson, from the Committee on Appropriations - Public Safety to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4956. The committee roll call vote on HOUSE BILL 4956 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. A Morrow, Chair Y Mautino, V-Chair Y Brady A McAuliffe Y Colvin Y McGuire
[February 22, 2002] 64 Y Delgado Y Mitchell, Bill A Franks Y Pankau, Spkpn Y Hoffman A Saviano Y Johnson Y Schmitz A Jones, Lou A Stephens Y Lyons, Joseph A Wait Y Younge Representative Schoenberg, Chairperson, from the Committee on Appropriations - General Services to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4155. The committee roll call vote on HOUSE BILL 4155 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Schoenberg, Chair Y Mathias Y Biggins, Spkpn Y May A Burke A McKeon Y Fritchey A Moffitt Y Garrett Y Poe Y Jones, John Y Slone, V-Chair A Kenner Y Sommer Y Kosel Y Watson, Jim Y Yarbrough Representative McCarthy, Chairperson, from the Committee on Child Support Enforcement to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 5632 and 5695. The committee roll call vote on HOUSE BILL 5632 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y McCarthy, Chair Y Curry, Julie Y Bassi Y Hamos Y Black Y Lyons, Eileen Y Crotty, V-Chair Y Mitchell, Jerry A O'Brien The committee roll call vote on HOUSE BILL 5695 is as follows: 6, Yeas; 0, Nays; 0, Answering Present. Y McCarthy, Chair A Curry, Julie Y Bassi Y Hamos Y Black Y Lyons, Eileen A Crotty, V-Chair Y Mitchell, Jerry A O'Brien Representative Reitz, Chairperson, from the Committee on Cities & Villages to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4470, 5577, 5781 and 6011. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3687 and 4188. The committee roll call vote on HOUSE BILL 4188 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Reitz, Chair Y Mathias, Spkpn
65 [February 22, 2002] Y Berns (Mitchell, Bill) Y Mautino Y Colvin Y May Y Durkin Y McCarthy, V-Chair Y Forby Y Schmitz Y Marquardt Y Slone Y Wojcik The committee roll call vote on HOUSE BILL 3687 is as follows: 10, Yeas; 3, Nays; 0, Answering Present. Y Reitz, Chair Y Mathias, Spkpn N Berns (Mitchell, Bill) Y Mautino Y Colvin Y May Y Durkin Y McCarthy, V-Chair Y Forby Y Schmitz N Marquardt Y Slone N Wojcik The committee roll call vote on HOUSE BILL 4470 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Reitz, Chair Y Mathias, Spkpn Y Berns (Mitchell, Bill) Y Mautino Y Colvin Y May Y Durkin Y McCarthy, V-Chair Y Forby Y Schmitz Y Marquardt Y Slone Y Wojcik The committee roll call vote on HOUSE BILL 5577 is as follows: 12, Yeas; 1, Nays; 0, Answering Present. Y Reitz, Chair Y Mathias, Spkpn Y Berns (Mitchell, Bill) Y Mautino Y Colvin Y May Y Durkin Y McCarthy, V-Chair Y Forby Y Schmitz Y Marquardt N Slone Y Wojcik The committee roll call vote on HOUSE BILL 5781 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Reitz, Chair Y Mathias, Spkpn Y Berns Y Mautino Y Colvin Y May Y Durkin Y McCarthy, V-Chair Y Forby Y Schmitz Y Marquardt Y Slone Y Wojcik The committee roll call vote on HOUSE BILL 6011 is as follows: 11, Yeas; 1, Nays; 0, Answering Present. Y Reitz, Chair Y Mathias, Spkpn Y Berns (Mirchell, Bill) Y Mautino Y Colvin Y May Y Durkin Y McCarthy, V-Chair A Forby Y Schmitz Y Marquardt Y Slone N Wojcik Representative Howard, Chairperson, from the Committee on Computer Technology to which the following were referred, action taken earlier today, and reported the same back with the following recommendations:
[February 22, 2002] 66 That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4228, 5808, 5911 and 6000. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 5910. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 5809. The committee roll call vote on HOUSE BILLS 4228, 5808, 5910 and 6000 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Howard, Chair Y Lang Y Colvin Y Mathias Y Hamos Y Parke Y Hoffman (Steve Davis) Y Righter, Spkpn Y Klingler A Yarbrough Y Watson The committee roll call vote on HOUSE BILL 5809 is as follows: 6, Yeas; 3, Nays; 1, Answering Present. Y Howard, Chair Y Lang Y Colvin P Mathias Y Hamos N Parke Y Hoffman (Steve Davis) Y Righter, Spkpn N Klingler A Yarbrough N Watson The committee roll call vote on HOUSE BILL 5911 is as follows: 9, Yeas; 0, Nays; 1, Answering Present. Y Howard, Chair Y Lang Y Colvin Y Mathias P Hamos Y Parke Y Hoffman (Davis) Y Righter, Spkpn Y Klingler A Yarbrough Y Watson Representative Slone, Chairperson, from the Committee on Conservation & Land Use to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 5728 and 6013. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 5727. The committee roll call vote on HOUSE BILLS 5727 and 5728 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Slone, Chair Y O'Connor Y Acevedo (Schoenberg) Y Osterman Y Hassert A Parke Y May Y Scully, V-Chair Y Winters, Spkpn The committee roll call vote on HOUSE BILL 6013 is as follows: 5, Yeas; 3, Nays; 1, Answering Present. Y Slone, Chair N O'Connor Y Acevedo (Schoenberg) Y Osterman N Hassert N Parke Y May Y Scully, V-Chair P Winters, Spkpn
67 [February 22, 2002] Representative Steve Davis, Chairperson, from the Committee on Constitutional Officers to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4355. The committee roll call vote on HOUSE BILL 4355 is as follows: 6, Yeas; 0, Nays; 0, Answering Present. Y Davis, Steve, Chair Y Crotty, V-Chair Y Bassi Y Holbrook A Bost Y Kosel, Spkpn A Brosnahan A Mathias Y McGuire Representative Fowler, Chairperson, from the Committee on Counties & Townships to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 5654, 5715, 5785 and 5824. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4429, 5592 and 5694. The committee roll call vote on HOUSE BILL 5592 is as follows: 11, Yeas; 1, Nays; 1, Answering Present. Y Fowler, Chair Y Franks (Scully) Y Collins Y Hartke Y Colvin Y Jones, John Y Delgado, V-Chair Y Krause Y Durkin (Saviano) N Lawfer Y Forby Y McAuliffe P Moffitt, Spkpn The committee roll call vote on HOUSE BILLS 5715 and 5824 is as follows: 9, Yeas; 1, Nays; 0, Answering Present. Y Fowler, Chair Y Franks (Scully) Y Collins Y Hartke Y Colvin N Jones, John A Delgado, V-Chair Y Krause A Durkin (Saviano) A Lawfer Y Forby Y McAuliffe Y Moffitt, Spkpn The committee roll call vote on HOUSE BILLS 4429 and 5785 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Fowler, Chair Y Franks (Scully) Y Collins Y Hartke Y Colvin Y Jones, John Y Delgado, V-Chair Y Krause Y Durkin (Saviano) Y Lawfer Y Forby Y McAuliffe Y Moffitt, Spkpn The committee roll call vote on HOUSE BILLS 5654 and 5694 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Fowler, Chair Y Franks (Scully) A Collins Y Hartke A Colvin Y Jones, John
[February 22, 2002] 68 Y Delgado, V-Chair Y Krause Y Durkin (Saviano) Y Lawfer A Forby Y McAuliffe Y Moffitt, Spkpn Representative Brosnahan, Chairperson, from the Committee on The Disabled Community to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 5579. The committee roll call vote on HOUSE BILL 5579 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Brosnahan, Chair A McCarthy (McAuliffe) Y Feigenholtz, V-Chair A O'Brien Y Flowers Y Ryan Y Hoeft Y Schmitz Y Krause, Spkpn Y Sommer Y Kurtz A Winkel A Yarbrough Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3704, 3705, 4178, 4263, 4914, 4991, 5605, 5660, 5661, 5662, 5663, 5664, 5700, 5739, 5939, 6038 and 6050. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 4117. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4726, 5780 and 5812. The committee roll call vote on HOUSE BILL 3704 is as follows: 20, Yeas; 0, Nays; 1, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins Y Krause P Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael Y Winkel The committee roll call vote on HOUSE BILL 3705 is as follows: 14, Yeas; 0, Nays; 3, Answering Present. Y Giles, Chair A Johnson Y Bassi P Kosel Y Collins Y Krause P Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair A Moffitt Y Delgado Y Mulligan Y Fowler A Murphy A Garrett Y Osterman Y Hoeft Y Smith, Michael P Winkel
69 [February 22, 2002] The committee roll call vote on HOUSE BILL 4117 is as follows: 11, Yeas; 4, Nays; 0, Answering Present. A Giles, Chair Y Johnson Y Bassi Y Kosel A Collins N Krause Y Cowlishaw, Spkpn A Miller Y Crotty Y Mitchell, Jerry A Davis, Monique, V-Chair Y Moffitt N Delgado A Mulligan Y Fowler Y Murphy N Garrett A Osterman Y Hoeft N Smith, Michael Y Winkel The committee roll call vote on HOUSE BILL 4178 is as follows: 15, Yeas; 2, Nays; 0, Answering Present. Y Giles, Chair A Johnson Y Bassi A Kosel Y Collins Y Krause N Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler A Murphy Y Garrett Y Osterman Y Hoeft A Smith, Michael N Winkel The committee roll call vote on HOUSE BILL 4991 is as follows: 17, Yeas; 1, Nays; 0, Answering Present. Y Giles, Chair A Johnson Y Bassi N Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler A Murphy Y Garrett Y Osterman A Hoeft Y Smith, Michael Y Winkel The committee roll call vote on HOUSE BILL 5780 is as follows: 19, Yeas; 1, Nays; 0, Answering Present. Y Giles, Chair A Johnson Y Bassi Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty N Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael Y Winkel The committee roll call vote on HOUSE BILLS 4914 and 6050 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel
[February 22, 2002] 70 A Collins Y Krause Y Cowlishaw, Spkpn (Watson) A Miller Y Crotty Y Mitchell, Jerry A Davis, Monique, V-Chair Y Moffitt Y Delgado A Mulligan Y Fowler Y Murphy A Garrett A Osterman Y Hoeft Y Smith, Michael Y Winkel The committee roll call vote on HOUSE BILLS 4263, 4726, 5605, 5660, 5661, 5662, 5663, 5664, 5700, 5739, 5812, 5939 and 6038 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael Y Winkel Representative Novak, Chairperson, from the Committee on Environment & Energy to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3768, 5720, 5958, 5960 and 5961. The committee roll call vote on HOUSE BILL 3768 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook A Beaubien Y Hultgren Y Bradley A Jones, Shirley A Brunsvold Y Lawfer Y Davis, Steve, V-Chair Y Marquardt A Durkin A Parke Y Hartke A Reitz (Smith) Y Hassert, Spkpn Y Simpson Y Soto The committee roll call vote on HOUSE BILLS 5960 and 5961 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook Y Beaubien Y Hultgren Y Bradley Y Jones, Shirley Y Brunsvold Y Lawfer Y Davis, Steve, V-Chair Y Marquardt A Durkin A Parke Y Hartke Y Reitz (Smith) Y Hassert, Spkpn Y Simpson Y Soto The committee roll call vote on HOUSE BILLS 5720 and 5958 is as follows: 14, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook
71 [February 22, 2002] Y Beaubien Y Hultgren Y Bradley Y Jones, Shirley A Brunsvold Y Lawfer Y Davis, Steve, V-Chair Y Marquardt A Durkin A Parke Y Hartke Y Reitz (Smith) Y Hassert, Spkpn Y Simpson Y Soto Representative Burke, Chairperson, from the Committee on Exectutive to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4067, 4077, 4090, 4153, 4187, 4214, 4322, 4453, 4462, 4474, 4475, 4476, 4477, 4478, 4479, 4480, 4481, 4482, 4483, 4484, 4485, 4486, 4487, 4488, 4489, 4490, 4491, 4492, 4493, 4494, 4495, 4496, 4497, 4498, 4499, 4500, 4501, 4502, 4503, 4504, 4505, 4507, 4508, 4509, 4510, 4511, 4512, 4513, 4514, 4515, 4516, 4517, 4518, 4519, 4520, 4521, 4522, 4523, 4524, 4525, 4526, 4528, 4529, 4530, 4531, 4532, 4533, 4534, 4535, 4536, 4537, 4538, 4539, 4540, 4541, 4542, 4543, 4544, 4545, 4547, 4548, 4549, 4550, 4551, 4552, 4553, 4554, 4555, 4556, 4557, 4558, 4559, 4560, 4561, 4562, 4563, 4564, 4565, 4566, 4567, 4568, 4569, 4570, 4571, 4572, 4573, 4574, 4575, 4576, 4577, 4578, 4579, 4580, 4581, 4582, 4583, 4584, 4585, 4586, 4587, 4588, 4589, 4590, 4591, 4592, 4593, 4594, 4595, 4596, 4597, 4598, 4599, 4600, 4601, 4602, 4603, 4604, 4605, 4606, 4607, 4608, 4609, 4610, 4611, 4612, 4613, 4614, 4615, 4616, 4617, 4618, 4619, 4620, 4621, 4622, 4623, 4624, 4625, 4626, 4627, 4628, 4629, 4630, 4631, 4632, 4633, 4634, 4635, 4636, 4637, 4638, 4639, 4640, 4641, 4642, 4643, 4644, 4645, 4646, 4647, 4648, 4649, 4650, 4651, 4652, 4653, 4654, 4655, 4656, 4657, 4658, 4659, 4660, 4661, 4662, 4663, 4664, 4665, 4666, 4667, 4668, 4669, 4670, 4671, 4672, 4673, 4674, 4675, 4676, 4677, 4678, 4679, 4680, 4681, 4682, 4683, 4684, 4685, 4686, 4687, 4688, 4689, 4690, 4691, 4692, 4693, 4694, 4695, 4696, 4697, 4698, 4699, 4700, 4701, 4702, 4703, 4704, 4705, 4706, 4707, 4708, 4709, 4710, 4711, 4712, 4713, 4714, 4715, 4716, 4717, 4718, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 4727, 4728, 4729, 4730, 4731, 4732, 4733, 4734, 4735, 4736, 4737, 4738, 4739, 4740, 4741, 4742, 4743, 4744, 4745, 4746, 4747, 4748, 4749, 4750, 4751, 4752, 4753, 4754, 4755, 4756, 4757, 4758, 4759, 4760, 4761, 4763, 4764, 4765, 4766, 4767, 4768, 4769, 4770, 4771, 4772, 4773, 4774, 4775, 4776, 4777, 4778, 4779, 4780, 4781, 4782, 4783, 4784, 4785, 4786, 4787, 4788, 4789, 4790, 4791, 4792, 4793, 4794, 4795, 4796, 4797, 4798, 4799, 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807, 4808, 4809, 4810, 4811, 4812, 4813, 4814, 4815, 4816, 4817, 4818, 4819, 4820, 4821, 4822, 4823, 4824, 4825, 4826, 4827, 4828, 4829, 4830, 4830, 4831, 4832, 4833, 4834, 4835, 4836, 4837, 4838, 4839, 4840, 4841, 4842, 4843, 4844, 4845, 4846, 4847, 4848, 4849, 4850, 4851, 4852, 4853, 4854, 4855, 4856, 4857, 4858, 4859, 4860, 4861, 4862, 4863, 4864, 4865, 4866, 4867, 4868, 4869, 4871, 4872, 4873, 4874, 4875, 4876, 4877, 4878, 4879, 4880, 4881, 4882, 4883, 4949, 5000, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5026, 5027, 5028, 5029, 5032, 5033, 5035, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5044, 5045, 5046, 5047, 5048, 5050, 5051, 5052, 5053, 5055, 5057, 5058, 5059, 5060, 5061, 5062, 5063, 5065, 5066, 5068, 5069, 5070, 5071, 5072, 5073, 5074, 5075, 5076, 5077, 5078, 5079, 5080, 5081, 5083, 5084, 5085, 5086, 5087, 5088, 5089, 5090, 5092, 5093, 5094, 5095, 5096, 5098, 5099, 5100, 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5111, 5112, 5113, 5114, 5116, 5117, 5119, 5120, 5121, 5122, 5124, 5125, 5127, 5128, 5129, 5130, 5131, 5132, 5133, 5134, 5136, 5137, 5138, 5139, 5140, 5141, 5142, 5144, 5145, 5146, 5147, 5149, 5150, 5151, 5152, 5153, 5154, 5155, 5157, 5158, 5159, 5160, 5161, 5162, 5165, 5167, 5168, 5169, 5170, 5171, 5176, 5183, 5184, 5185, 5186, 5187, 5188, 5189, 5190, 5200, 5201, 5202, 5203, 5204, 5205, 5206, 5207, 5208, 5209, 5210, 5211, 5218, 5219, 5220, 5221, 5222, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5232, 5233, 5234, 5235, 5236, 5237, 5238, 5239, 5240, 5241, 5242, 5243, 5245, 5246, 5248, 5249, 5250, 5251, 5252, 5253, 5254, 5255, 5259, 5260, 5265, 5267, 5271, 5275, 5278, 5279, 5281, 5282, 5287, 5288, 5291, 5292,
[February 22, 2002] 72 5295, 5296, 5297, 5298, 5299, 5300, 5301, 5303, 5304, 5305, 5306, 5307, 5308, 5309, 5310, 5311, 5312, 5313, 5314, 5315, 5316, 5317, 5318, 5319, 5320, 5321, 5322, 5323, 5324, 5325, 5326, 5327, 5328, 5329, 5334, 5335, 5338, 5339, 5340, 5341, 5342, 5343, 5344, 5345, 5346, 5349, 5350, 5351, 5352, 5353, 5357, 5358, 5363, 5365, 5366, 5367, 5368, 5369, 5370, 5371, 5372, 5374, 5375, 5376, 5377, 5382, 5383, 5384, 5385, 5392, 5393, 5394, 5395, 5396, 5397, 5398, 5399, 5400, 5401, 5402, 5403, 5404, 5405, 5406, 5407, 5408, 5409, 5411, 5414, 5415, 5416, 5417, 5421, 5422, 5423, 5424, 5425, 5426, 5427, 5430, 5431, 5432, 5433, 5434, 5436, 5437, 5438, 5439, 5440, 5441, 5442, 5443, 5444, 5445, 5446, 5447, 5448, 5449, 5450, 5451, 5453, 5454, 5455, 5456, 5458, 5459, 5460, 5462, 5463, 5464, 5465, 5466, 5467, 5468, 5469, 5470, 5471, 5476, 5477, 5478, 5479, 5480, 5482, 5484, 5486, 5487, 5488, 5489, 5490, 5493, 5494, 5495, 5496, 5497, 5498, 5499, 5500, 5501, 5502, 5503, 5506, 5507, 5508, 5509, 5510, 5513, 5514, 5515, 5516, 5517, 5518, 5521, 5522, 5523, 5524, 5525, 5526, 5527, 5528, 5529, 5530, 5531, 5532, 5533, 5534, 5535, 5536, 5537, 5538, 5539, 5540, 5541, 5542, 5543, 5544, 5545, 5546, 5548, 5553, 5554, 5555, 5556, 5557, 5558, 5559, 5560, 5562, 5563, 5564, 5565, 5566, 5567, 5569, 5570, 5593, 5610, 5611, 5686, 5687, 5688, 5689, 5690, 5806, 5923, 5924, 5938 and 5998. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4023, 4168, 4199, 4255, 4468, 5627, 5684 and 5922. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 4042, 4054 and 4240. That the resolution be reported "recommends be adopted as amended" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 7. The committee roll call vote on HOUSE BILL 4054 is as follows: 7, Yeas; 5, Nays; 1, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo N Hassert N Beaubien Y Jones, Lou N Biggins Y McKeon Y Bradley P Pankau Y Bugielski, V-Chair N Poe, Spkpn N Rutherford The committee roll call vote on HOUSE BILL 4077 is as follows: 11, Yeas; 1, Nays; 1, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien P Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn N Rutherford The committee roll call vote on HOUSE BILL 4153 is as follows: 11, Yeas; 1, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou A Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn N Rutherford The committee roll call vote on HOUSE BILL 4214 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli A Acevedo Y Hassert Y Beaubien Y Jones, Lou A Biggins Y McKeon
73 [February 22, 2002] Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILL 4462 is as follows: 9, Yeas; 2, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli A Acevedo Y Hassert Y Beaubien Y Jones, Lou A Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair N Poe, Spkpn N Rutherford The committee roll call vote on HOUSE BILL 4468 is as follows: 11, Yeas; 0, Nays; 1, Answering Present. Y Burke, Chair Y Capparelli A Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins P McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILL 5627 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien A Jones, Lou A Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILL 5806 is as follows: 10, Yeas; 2, Nays; 1, Answering Present. Y Burke, Chair Y Capparelli P Acevedo Y Hassert Y Beaubien Y Jones, Lou N Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair N Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILLS 5686, 5687, 5688, 5689, 5690, 5923, 5924 and 5998 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILLS 4240 and 4042 is as follows: 7, Yeas; 6, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo N Hassert
[February 22, 2002] 74 N Beaubien Y Jones, Lou N Biggins Y McKeon Y Bradley N Pankau Y Bugielski, V-Chair N Poe, Spkpn N Rutherford The committee roll call vote on HOUSE BILLS 4023, 4067, 4090, 4168, 4187, 4199, 4255, 4322, 4453, 4949, 5000, 5593, 5610, 5611, 5684, 5922 and HOUSE JOINT RESOLUTION 7 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE BILLS 4474, 4475, 4476, 4477, 4478, 4479, 4480, 4481, 4482, 4483, 4484, 4485, 4486, 4487, 4488, 4489, 4490, 4491, 4492, 4493, 4494, 4495, 4496, 4497, 4498, 4499, 4500, 4501, 4502, 4503, 4504, 4505, 4507, 4508, 4509, 4510, 4511, 4512, 4513, 4514, 4515, 4516, 4517, 4518, 4519, 4520, 4521, 4522, 4523, 4524, 4525, 4526, 4528, 4529, 4530, 4531, 4532, 4533, 4534, 4535, 4536, 4537, 4538, 4539, 4540, 4541, 4542, 4543, 4544, 4545, 4547, 4548, 4549, 4550, 4551, 4552, 4553, 4554, 4555, 4556, 4557, 4558, 4559, 4560, 4561, 4562, 4563, 4564, 4565, 4566, 4567, 4568, 4569, 4570, 4571, 4572, 4573, 4574, 4575, 4576, 4577, 4578, 4579, 4580, 4581, 4582, 4583, 4584, 4585, 4586, 4587, 4588, 4589, 4590, 4591, 4592, 4593, 4594, 4595, 4596, 4597, 4598, 4599, 4600, 4601, 4602, 4603, 4604, 4605, 4606, 4607, 4608, 4609, 4610, 4611, 4612, 4613, 4614, 4615, 4616, 4617, 4618, 4619, 4620, 4621, 4622, 4623, 4624, 4625, 4626, 4627, 4628, 4629, 4630, 4631, 4632, 4633, 4634, 4635, 4636, 4637, 4638, 4639, 4640, 4641, 4642, 4643, 4644, 4645, 4646, 4647, 4648, 4649, 4650, 4651, 4652, 4653, 4654, 4655, 4656, 4657, 4658, 4659, 4660, 4661, 4662, 4663, 4664, 4665, 4666, 4667, 4668, 4669, 4670, 4671, 4672, 4673, 4674, 4675, 4676, 4677, 4678, 4679, 4680, 4681, 4682, 4683, 4684, 4685, 4686, 4687, 4688, 4689, 4690, 4691, 4692, 4693, 4694, 4695, 4696, 4697, 4698, 4699, 4700, 4701, 4702, 4703, 4704, 4705, 4706, 4707, 4708, 4709, 4710, 4711, 4712, 4713, 4714, 4715, 4716, 4717, 4718, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 4727, 4728, 4729, 4730, 4731, 4732, 4733, 4734, 4735, 4736, 4737, 4738, 4739, 4740, 4741, 4742, 4743, 4744, 4745, 4746, 4747, 4748, 4749, 4750, 4751, 4752, 4753, 4754, 4755, 4756, 4757, 4758, 4759, 4760, 4761, 4763, 4764, 4765, 4766, 4767, 4768, 4769, 4770, 4771, 4772, 4773, 4774, 4775, 4776, 4777, 4778, 4779, 4780, 4781, 4782, 4783, 4784, 4785, 4786, 4787, 4788, 4789, 4790, 4791, 4792, 4793, 4794, 4795, 4796, 4797, 4798, 4799, 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807, 4808, 4809, 4810, 4811, 4812, 4813, 4814, 4815, 4816, 4817, 4818, 4819, 4820, 4821, 4822, 4823, 4824, 4825, 4826, 4827, 4828, 4829, 4830, 4830, 4831, 4832, 4833, 4834, 4835, 4836, 4837, 4838, 4839, 4840, 4841, 4842, 4843, 4844, 4845, 4846, 4847, 4848, 4849, 4850, 4851, 4852, 4853, 4854, 4855, 4856, 4857, 4858, 4859, 4860, 4861, 4862, 4863, 4864, 4865, 4866, 4867, 4868, 4869, 4871, 4872, 4873, 4874, 4875, 4876, 4877, 4878, 4879, 4880, 4881, 4882, 4883, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5026, 5027, 5028, 5029, 5032, 5033, 5035, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5044, 5045, 5046, 5047, 5048, 5050, 5051, 5052, 5053, 5055, 5057, 5058, 5059, 5060, 5061, 5062, 5063, 5065, 5066, 5068, 5069, 5070, 5071, 5072, 5073, 5074, 5075, 5076, 5077, 5078, 5079, 5080, 5081, 5083, 5084, 5085, 5086, 5087, 5088, 5089, 5090, 5092, 5093, 5094, 5095, 5096, 5098, 5099, 5100, 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5111, 5112, 5113, 5114, 5116, 5117, 5119, 5120, 5121, 5122, 5124, 5125, 5127, 5128, 5129, 5130, 5131, 5132, 5133, 5134, 5136, 5137, 5138, 5139, 5140, 5141, 5142, 5144, 5145, 5146, 5147, 5149, 5150, 5151, 5152, 5153, 5154, 5155, 5157, 5158, 5159, 5160, 5161, 5162, 5165, 5167, 5168, 5169, 5170, 5171, 5176, 5183, 5184, 5185, 5186, 5187, 5188, 5189, 5190, 5200, 5201, 5202, 5203, 5204, 5205, 5206, 5207, 5208, 5209, 5210, 5211,
75 [February 22, 2002] 5218, 5219, 5220, 5221, 5222, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5232, 5233, 5234, 5235, 5236, 5237, 5238, 5239, 5240, 5241, 5242, 5243, 5245, 5246, 5248, 5249, 5250, 5251, 5252, 5253, 5254, 5255, 5259, 5260, 5265, 5267, 5271, 5275, 5278, 5279, 5281, 5282, 5287, 5288, 5291, 5292, 5295, 5296, 5297, 5298, 5299, 5300, 5301, 5303, 5304, 5305, 5306, 5307, 5308, 5309, 5310, 5311, 5312, 5313, 5314, 5315, 5316, 5317, 5318, 5319, 5320, 5321, 5322, 5323, 5324, 5325, 5326, 5327, 5328, 5329, 5334, 5335, 5338, 5339, 5340, 5341, 5342, 5343, 5344, 5345, 5346, 5349, 5350, 5351, 5352, 5353, 5357, 5358, 5363, 5365, 5366, 5367, 5368, 5369, 5370, 5371, 5372, 5374, 5375, 5376, 5377, 5382, 5383, 5384, 5385, 5392, 5393, 5394, 5395, 5396, 5397, 5398, 5399, 5400, 5401, 5402, 5403, 5404, 5405, 5406, 5407, 5408, 5409, 5411, 5414, 5415, 5416, 5417, 5421, 5422, 5423, 5424, 5425, 5426, 5427, 5430, 5431, 5432, 5433, 5434, 5436, 5437, 5438, 5439, 5440, 5441, 5442, 5443, 5444, 5445, 5446, 5447, 5448, 5449, 5450, 5451, 5453, 5454, 5455, 5456, 5458, 5459, 5460, 5462, 5463, 5464, 5465, 5466, 5467, 5468, 5469, 5470, 5471, 5476, 5477, 5478, 5479, 5480, 5482, 5484, 5486, 5487, 5488, 5489, 5491, 5493, 5494, 5495, 5496, 5497, 5498, 5499, 5500, 5501, 5502, 5503, 5506, 5507, 5508, 5509, 5510, 5513, 5514, 5515, 5516, 5517, 5518, 5521, 5522, 5523, 5524, 5525, 5526, 5527, 5528, 5529, 5530, 5531, 5532, 5533, 5534, 5535, 5536, 5537, 5538, 5539, 5540, 5541, 5542, 5543, 5544, 5545, 5546, 5548, 5553, 5554, 5555, 5556, 5557, 5558, 5559, 5560, 5562, 5563, 5564, 5565, 5566, 5567, 5569, 5570 and 5938. is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford Representative Erwin, Chairperson, from the Committee on Higher Education to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3636, 4946 and 5015. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 5599, 6007 and 6031. The committee roll call vote on HOUSE BILLS 3636, 4946, 5599, 6007 and 6031 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Erwin, Chair (Soto) Y Howard Y Berns (Wright) Y Mendoza A Bost Y Myers, Richard A Davis, Monique Y Righter Y Fowler, V-Chair Y Winkel Y Giles Y Wirsing, Spkpn The committee roll call vote on HOUSE BILL 5015 is as follows: 8, Yeas; 1, Nays; 1, Answering Present. N Erwin, Chair (Soto) Y Howard Y Berns (Wright) Y Mendoza A Bost P Myers, Richard A Davis, Monique Y Righter Y Fowler, V-Chair Y Winkel Y Giles Y Wirsing, Spkpn Representative Feigenholtz, Chairperson, from the Committee on
[February 22, 2002] 76 Human Services to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3783, 4208, 4414, 5571, 5656, 5844, 5868, 5870, 5906, 6001, 6002, 6028 and 6046. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4183, 4377, 5659, 5920, 6041 and 6042. The committee roll call vote on HOUSE BILL 4414 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto A Howard Y Winters Y Wirsing The committee roll call vote on HOUSE BILLS 6001 and 6002 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair A Flowers Y Soto A Howard Y Winters Y Wirsing The committee roll call vote on HOUSE BILL 5659 is as follows: 6, Yeas; 1, Nays; 1, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair N Flowers A Soto Y Howard Y Winters P Wirsing The committee roll call vote on HOUSE BILLS 3783, 4183, 4208, 4377, 5571, 5656, 5844, 5868, 5870, 5906, 5920, 6041, 6042, and 6046 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto Y Howard Y Winters Y Wirsing The committee roll call vote on HOUSE BILL 6028 is as follows: 5, Yeas; 0, Nays; 3, Answering Present. Y Feigenholtz, Chair P Myers, Richard P Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto Y Howard P Winters A Wirsing Representative Dart, Chairperson, from the Committee on Judiciary I - Civil Law to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4999, 5827 and 5940. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4897, 4915, 5681,
77 [February 22, 2002] 5823 and 5860. The committee roll call vote on HOUSE BILLS 4897, 4915, 5823, 5827, 5860 and 5940 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan Y Osmond Y Hamos Y Righter, Spkpn Y Hoffman Y Scully Y Klingler Y Wait Y Lang Y Wright The committee roll call vote on HOUSE BILL 4999 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair A Meyer Y Brosnahan Y Osmond Y Hamos Y Righter, Spkpn A Hoffman Y Scully A Klingler Y Wait Y Lang Y Wright The committee roll call vote on HOUSE BILL 5681 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair A Meyer Y Brosnahan Y Osmond Y Hamos Y Righter, Spkpn A Hoffman Y Scully A Klingler A Wait Y Lang Y Wright Representative O'Brien, Chairperson, from the Committee on Judiciary II - Criminal Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3721, 3984, 4047, 4124, 4179, 4245, 4341, 4353, 4926, 4951, 4997, 5002, 5004, 5578, 5602, 5625, 5636, 5638, 5639, 5641, 5644, 5645, 5648, 5652, 5653, 5657, 5658, 5670, 5678, 5680, 5708, 5713, 5718, 5719, 5732, 5788, 5792, 5830, 5831, 5837, 5874, 5886, 5887, 5889, 5891, 5903, 5925, 5926, 5935 and 5999. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 5714. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4075, 4096, 4203, 4455, 4942, 4976, 5637, 5649, 5794, 5798 and 5934. That the bill be tabled in Committee: HOUSE BILL 5843. The committee roll call vote on HOUSE BILL 3984 is as follows: 9, Yeas; 0, Nays; 2, Answering Present. Y O'Brien, Chair A Johnson Y Bradley Y Jones, Lou Y Brady P Lindner Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold Y Turner, John A Delgado P Wait Y Winkel, Spkpn The committee roll call vote on HOUSE BILL 4074 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley Y Jones, Lou Y Brady Y Lindner
[February 22, 2002] 78 Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold A Turner, John Y Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on HOUSE BILL 4096 is as follows: 11, Yeas; 1, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley Y Jones, Lou Y Brady A Lindner Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold N Turner, John Y Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on HOUSE BILL 4203 is as follows: 9, Yeas; 2, Nays; 1, Answering Present. Y O'Brien, Chair N Johnson Y Bradley P Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold Y Turner, John A Delgado Y Wait N Winkel, Spkpn The committee roll call vote on HOUSE BILL 5714 is as follows: 7, Yeas; 4, Nays; 0, Answering Present. Y O'Brien, Chair N Johnson Y Bradley Y Jones, Lou A Brady N Lindner Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold N Turner, John Y Delgado N Wait A Winkel, Spkpn The committee roll call vote on HOUSE BILL 5874 is as follows: 10, Yeas; 0, Nays; 1, Answering Present. Y O'Brien, Chair P Johnson Y Bradley Y Jones, Lou A Brady Y Lindner Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold Y Turner, John Y Delgado Y Wait A Winkel, Spkpn The committee roll call vote on HOUSE BILL 5887 is as follows: 10, Yeas; 2, Nays; 0, Answering Present. Y O'Brien, Chair N Johnson Y Bradley Y Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold A Turner, John Y Delgado Y Wait N Winkel, Spkpn The committee roll call vote on HOUSE BILL 5934 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley A Jones, Lou Y Brady Y Lindner
79 [February 22, 2002] Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold A Turner, John Y Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on HOUSE BILL 3721, 4047, 4179, 4353, 4926, 4951, 4997, 5002, 5004, 5578, 5602, 5625, 5636, 5639, 5641, 5644, 5645, 5648, 5652, 5653, 5657, 5658, 5670, 5678, 5708, 5718, 5719, 5793, 5793, 5831, 5837, 5873, 5886, 5925, 5926, 5935, 5999, 4124, 4245, 4341, 4455, 4942, 4976, 5637, 5638, 5649, 5680, 5713, 5732, 5788, 5792, 5794, 5798, 5830, 5889, 5891 and 5903 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley Y Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold Y Turner, John Y Delgado Y Wait Y Winkel, Spkpn Representative McKeon, Chairperson, from the Committee on Labor to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 5738. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 5617 and 5626. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 5996. The committee roll call vote on HOUSE BILL 5617 is as follows: 10, Yeas; 7, Nays; 0, Answering Present. Y McKeon, Chair Y Howard Y Acevedo N Hultgren N Beaubien, Spkpn A Johnson N Bellock Y Jones, Shirley Y Curry, Julie N Marquardt Y Dart N Parke Y Davis, Monique Y Ryan A Hassert N Simpson Y Hoffman Y Slone N Wright The committee roll call vote on HOUSE BILL 5626 is as follows: 10, Yeas; 8, Nays; 0, Answering Present. Y McKeon, Chair Y Howard Y Acevedo N Hultgren N Beaubien, Spkpn N Johnson N Bellock Y Jones, Shirley Y Curry, Julie N Marquardt Y Dart N Parke Y Davis, Monique Y Ryan A Hassert N Simpson Y Hoffman Y Slone N Wright The committee roll call vote on HOUSE BILL 5738 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y McKeon, Chair Y Howard Y Acevedo Y Hultgren Y Beaubien, Spkpn A Johnson Y Bellock Y Jones, Shirley
[February 22, 2002] 80 Y Curry, Julie A Marquardt Y Dart A Parke Y Davis, Monique A Ryan A Hassert A Simpson Y Hoffman A Slone A Wright The committee roll call vote on HOUSE BILL 5996 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y McKeon, Chair Y Howard Y Acevedo Y Hultgren Y Beaubien, Spkpn Y Johnson Y Bellock Y Jones, Shirley Y Curry, Julie Y Marquardt Y Dart Y Parke Y Davis, Monique Y Ryan Y Hassert Y Simpson Y Hoffman Y Slone Y Wright Representative McKeon, Chairperson, from the Committee on Labor to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 1871. The committee roll call vote on HOUSE BILL 1871 is as follows: 12, Yeas; 2, Nays; 2, Answering Present. Y McKeon, Chair Y Howard P Acevedo Y Hultgren Y Beaubien, Spkpn (Rutherford) Y Johnson (Cross) N Bellock P Jones, Shirley Y Curry, Julie Y Marquardt Y Dart A Parke A Davis, Monique Y Ryan N Hassert Y Simpson Y Hoffman Y Slone A Wright Representative Saviano, Chairperson, from the Committee on Registration & Regulation to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 5846 and 6003. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 5803 and 6032. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 3788. The committee roll call vote on HOUSE BILL 3788 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair A Klingler A Boland A Kosel Y Bradley Y Lyons, Eileen A Brunsvold Y Mitchell, Bill A Bugielski Y Novak A Burke Y Osmond A Coulson Y Reitz (Mautino) Y Crotty A Stephens A Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn
81 [February 22, 2002] The committee roll call vote on HOUSE BILL 6032 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland A Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz (Mautino) Y Crotty A Stephens Y Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILL 5846 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland A Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond A Coulson Y Reitz (Mautino) Y Crotty A Stephens A Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILL 5803 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland A Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond A Coulson Y Reitz (Mautino) Y Crotty A Stephens A Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn The committee roll call vote on HOUSE BILL 6003 is as follows: 19, Yeas; 1, Nays; 0, Answering Present. Y Saviano, Chair N Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski A Novak Y Burke Y Osmond Y Coulson Y Reitz (Mautino) Y Crotty Y Stephens Y Davis, Steve Y Winters Y Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn Representative Joseph Lyons, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4082, 4083, 4137, 4172,
[February 22, 2002] 82 4230, 4337, 4404, 5616, 5631 and 5779. That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILLS 4138 and 4312. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3668, 3775, 4106, 4053, 5634, 5635, and 6012. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 5734. The committee roll call vote on HOUSE BILL 4137 is as follows: 7, Yeas; 4, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair N Beaubien, Spkpn N Lyons, Eileen (Tenhouse) Y Biggins Y McGuire Y Currie N Pankau Y Granberg (Hannig) Y Turner, Art N Watson (Rutherford) The committee roll call vote on HOUSE BILL 5634 is as follows: 8, Yeas; 3, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair N Beaubien, Spkpn Y Lyons, Eileen (Tenhouse) Y Biggins Y McGuire Y Currie N Pankau N Granberg (Hannig) Y Turner, Art Y Watson (Rutherford) The committee roll call vote on HOUSE BILL 5734 is as follows: 7, Yeas; 4, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair Y Beaubien, Spkpn N Lyons, Eileen (Tenhouse) N Biggins Y McGuire Y Currie N Pankau Y Granberg (Hannig) Y Turner, Art N Watson (Rutherford) The committee roll call vote on HOUSE BILLS 4138 and 4312 is as follows: 6, Yeas; 5, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair N Beaubien, Spkpn N Lyons, Eileen (Tenhouse) N Biggins Y McGuire Y Currie N Pankau Y Granberg (Hannig) Y Turner, Art N Watson (Rutherford) The committee roll call vote on HOUSE BILLS 3668, 3775, 4053, 4082, 4083, 4106, 4172, 4230, 4337, 4404, 5616, 5631, 5635, 5779 and 6012 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair Y Beaubien, Spkpn Y Lyons, Eileen (Tenhouse) Y Biggins Y McGuire Y Currie Y Pankau Y Granberg (Hannig) Y Turner, Art Y Watson (Rutherford) Representative Kenner, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken on February 21, 2002, and reported the same back with the following recommendations:
83 [February 22, 2002] That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3699, 3809, 4078, 4157, 4162, 4444, 4467, 5685, 5821 and 5849. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 4446, 5801 and 5937. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 55. The committee roll call vote on HOUSE BILLS 4157, 4162, 4446 and 5849 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair A Franks Y Collins, V-Chair Y O'Connor, Spkpn Y Forby Y Pankau Y Fowler Y Righter Y Wirsing The committee roll call vote on HOUSE BILLS 3699, 4444, 4467, 5685 and 5807 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Franks Y Collins, V-Chair Y O'Connor, Spkpn Y Forby Y Pankau Y Fowler Y Righter Y Wirsing The committee roll call vote on HOUSE BILL 3809 is as follows: 5, Yeas; 4, Nays; 0, Answering Present. Y Kenner, Chair Y Franks Y Collins, V-Chair N O'Connor, Spkpn Y Forby N Pankau Y Fowler N Righter N Wirsing The committee roll call vote on HOUSE BILL 4078 is as follows: 5, Yeas; 3, Nays; 1, Answering Present. Y Kenner, Chair N Franks Y Collins, V-Chair N O'Connor, Spkpn Y Forby P Pankau Y Fowler N Righter Y Wirsing The committee roll call vote on HOUSE BILL 5821 is as follows: 7, Yeas; 1, Nays; 0, Answering Present. Y Kenner, Chair A Franks Y Collins, V-Chair N O'Connor, Spkpn Y Forby Y Pankau Y Fowler Y Righter Y Wirsing The committee roll call vote on HOUSE BILL 5937 is as follows: 6, Yeas; 3, Nays; 0, Answering Present. Y Kenner, Chair Y Franks N Collins, V-Chair Y O'Connor, Spkpn Y Forby Y Pankau Y Fowler N Righter N Wirsing Representative Kenner, Chairperson, from the Committee on State Government Administration to which the following were referred, action
[February 22, 2002] 84 taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4451. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4174. The committee roll call vote on HOUSE BILLS 4174 and 4451 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Franks Y Collins, V-Chair Y O'Connor, Spkpn Y Forby Y Pankau Y Fowler Y Righter Y Wirsing Representative Miller, Chairperson, from the Committee on State Procurement to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4996. The committee roll call vote on HOUSE BILL 4996 is as follows: 5, Yeas; 0, Nays; 0, Answering Present. A Schoenberg, Chair A Morrow Y Brady Y Righter Y Kurtz, Spkpn A Ryan Y Miller A Soto Y Stephens Representative McAuliffe, Chairperson, from the Committee on Veterans' Affairs to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: HOUSE BILL 4937. The committee roll call vote on HOUSE BILL 4937 is as follows: 6, Yeas; 0, Nays; 0, Answering Present. Y McAuliffe, Chair Y Holbrook A Acevedo A Jones, John A Bost Y Mautino A Brady Y Meyer Y Fritchey Y Novak A Sommer, Spkpn CHANGE OF SPONSORSHIP Representative Mulligan asked and obtained unanimous consent to be removed as chief sponsor and Representative Berns asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 4444. 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 6160. Introduced by Representatives Hannig - Tenhouse, a bill for AN ACT making appropriations. HOUSE BILL 6161. Introduced by Representative Curry, a bill for AN ACT making appropriations.
85 [February 22, 2002] HOUSE BILL 6162. Introduced by Representative Curry, a bill for AN ACT making appropriations. HOUSE BILL 6163. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6164. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6165. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6166. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6167. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6168. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6169. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6170. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6171. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6172. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6173. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6174. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6175. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6176. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6177. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6178. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6179. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6180. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6181. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6182. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6183. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6184. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6185. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6186. Introduced by Representatives Daniels - Tenhouse - Biggins, a bill for AN ACT making appropriations. HOUSE BILL 6187. Introduced by Representatives Daniels - Tenhouse - Pankau, a bill for AN ACT making appropriations. HOUSE BILL 6188. Introduced by Representatives Daniels - Tenhouse - Pankau, a bill for AN ACT making appropriations. HOUSE BILL 6189. Introduced by Representatives Daniels - Tenhouse - Pankau, a bill for AN ACT making appropriations. HOUSE BILL 6190. Introduced by Representatives Daniels - Tenhouse - Pankau, a bill for AN ACT making appropriations. HOUSE BILL 6191. Introduced by Representatives Daniels - Tenhouse - Pankau, a bill for AN ACT making appropriations. HOUSE BILL 6192. Introduced by Representatives Daniels - Tenhouse - Pankau, a bill for AN ACT making appropriations. HOUSE BILL 6193. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations. HOUSE BILL 6194. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations.
[February 22, 2002] 86 HOUSE BILL 6195. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations. HOUSE BILL 6196. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations. HOUSE BILL 6197. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations. HOUSE BILL 6198. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations. HOUSE BILL 6199. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations. HOUSE BILL 6200. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations. HOUSE BILL 6201. Introduced by Representatives Daniels - Tenhouse - Mulligan, a bill for AN ACT making appropriations. AGREEED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 699 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize organizations in the State of Illinois that have made valuable contributions to society; and WHEREAS, It has come to the attention of this House that Hadassah will celebrate its 90th anniversary on March 3, 2002; and WHEREAS, Henrietta Szold founded Hadassah, the Women's Zionist Organization of America, in 1912; it is the largest women's and largest Jewish membership organization in the United States; and WHEREAS, Hadassah has over 14,000 members in the State of Illinois and chapters in every congressional district and Puerto Rico; and WHEREAS, Hadassah's greatest achievement to date is its network of world-renowned medical and educational institutions in Israel; the Hadassah Medical Organization provides the highest quality health care to countless individuals from throughout the Middle East, regardless of race, religion, or nationality; this project is a resource for training health care professionals around the world; and WHEREAS, The Hadassah Medical Organization is the leading medical institution in the Middle East to receive U.S. government funding via the U.S. Agency for the International Development's American Schools and Hospitals Abroad grant program; and WHEREAS, In accordance with it's humanitarian mission, Hadassah has long supported a peaceful and secure Middle East; and WHEREAS, In addition to their efforts in Israel, Hadassah members work on issues of concern to women and the American Jewish community; their commitment to education is demonstrated by the accomplishments of many departments within the organization, such as the Jewish Education Department which is the leading scholarly center for Jewish life in America; and WHEREAS, Hadassah's Government Relations Unit, comprised of the American Affairs/Domestic Policy and Israel, Zionist and International Affairs Departments, along with their Washington Action Office, educates Hadassah members and the general public on important public policy matters, and encourages widespread civic participation; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Hadassah on its 90th anniversary and applaud the generosity and dedication of its members; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Illinois chapter of Hadassah as an expression of our esteem. HOUSE RESOLUTION 700
87 [February 22, 2002] Offered by Representative Johnson: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Dr. Alan C. Jones is retiring from his duties as principal of Community High School in West Chicago after 17 years of service; and WHEREAS, Dr. Alan C. Jones has been principal of Community High School for seventeen years, from 1983-2002; in addition, he was a language arts teacher at Du Sable Upper Grade Center from 1969 to 1971 and a social studies teacher at Thornton Township High School from 1971 to 1981; and WHEREAS, Dr. Jones began his administrative career as an Activities Director at Thornton Township High School from 1979 through 1981 and was appointed as Assistant Principal at Bremen Township High School in 1981; and WHEREAS, Dr. Jones earned his Masters Degree in history from Roosevelt University and his Doctorate in Administration and Supervision from Loyola University in 1985; Dr. Jones is a member of Phi Delta Kappa, a fraternity for the advancement of professional education and Alpha Sigma Nu, the National Jesuit Honor Society; and WHEREAS, Dr. Jones has received a number of awards for instructional innovation; in 1994, West Chicago High School received a certificate of achievement from College of Du Page for "strong education for Latino's future"; in 1995, Dr. Jones received a certificate of achievement from the State Board of Education for "exceptional contribution to the advancement of educational innovation in Illinois" and was recognized by the American Intercultural Student Exchange for his "outstanding contribution in international education and understanding"; and WHEREAS, In 1993, the United States Department of Education recognized Dr. Jones as Principal of a Blue Ribbon School of Excellence; and WHEREAS, In addition to his duties at Community High School, Dr. Jones also teaches education courses at North Central College and is the author of a number of articles for professional journals; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Alan C. Jones on his retirement from his duties as principal of Community High School in West Chicago and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Alan C. Jones as an expression of our esteem. HOUSE RESOLUTION 701 Offered by Representative Franks: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Robert "Bob" McGarry, who passed away on January 22, 2002; and WHEREAS, Robert McGarry was born on June 4, 1927, in Alexander, North Dakota to John Henry and Ada Catherine McGarry; he married Lois Ann Evanson on August 30, 1950 in East Grand Forks, Minnesota; and WHEREAS, Mr. McGarry served in the United States Navy aboard the USS Missouri during World War II; after his military service, he returned to Grand Forks and worked as a printer's apprentice; he later moved to Milwaukee and worked as a printer at the Milwaukee Journal for 10 years; he then served as president of Local 13 Typographical Union for 13 years; and WHEREAS, After moving to Harvard in 1976, Mr. McGarry bought the Harvard Bowling Alley, which he owned and operated with his wife until his retirement in 1999; and WHEREAS, Mr. McGarry was active in the McHenry County Democratic Party, serving as the party's vice chairman and chairman; he was also a member of St. Joseph Catholic Church of Harvard, Harvard Moose Lodge
[February 22, 2002] 88 1289, and American Legion Post 265; he was also a former member of the Harvard Zoning Board and a driver for the Meals on Wheels program; and WHEREAS, Mr. McGarry was well-liked despite being a Democrat in a mostly Republican county and a Packers fan in Illinois; he always was able to keep things in perspective; and WHEREAS, Mr. McGarry also enjoyed gardening, reading, and playing horseshoes; he was an avid bowler, having bowled a score of 300 in 1955; he also enjoyed spending time with his grandchildren; and WHEREAS, The passing of Robert McGarry will be deeply felt by all who knew and loved him, especially his wife of more than 50 years, Lois; his children, Kevin (Joan), Sean (Penny), Molly (Claude) Henderson, Katie (fiance, Mark Gullickson) Morris, Maureen (John) Schultz, Chad (Kristy), Bridget (fiance Jason Dalton) Bowman, and Brendan McGarry; his 22 grandchildren; his 4 step-grandchildren; his 2 great-grandchildren; his 5 step-great-grandchildren; his sisters, Marge Larson, Katherine (Joseph) Martineau, and Ruth (Gordon) Moo; his brother, William (Maxine) McGarry; and his many nieces and nephews; and WHEREAS, In many ways, Robert McGarry's life was one of bringing unity to people; he was a friend to everyone he encountered; 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 death of Robert McGarry of Harvard, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Robert McGarry with our sincere condolences. HOUSE RESOLUTION 704 Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Willie Newsom, who passed away on February 7, 2002; and WHEREAS, Willie Newsom was born on November 28, 1944 in Greenville, Mississippi to James and Lula Newsom; and WHEREAS, Mr. Newsom received his early education at Coleman High School in Greenville, Mississippi; he accepted Christ at an early age at William Chapel Baptist Church in Lamont, Mississippi; he later relocated to Los Angeles, California from Mississippi in 1965; and WHEREAS, "Big Willie" as he was affectionately called by his family and friends, was a singer/song writer and an outstanding entertainer who performed in Las Vegas, numerous clubs in the Los Angeles area, and in many other cities and states; his love for singing the blues was noted and loved by all who knew him; and WHEREAS, Mr. Newsom was a member of many social and charity clubs, including the Pioneer Club, the Pure Pleasure Club, the Market Street Bar & Grill, and the Dynasty Club; and WHEREAS, Mr. Newsom received the "Best Male Blues Vocalist of the Year" Award numerous times throughout his 38 years as a blues singer; and WHEREAS, The passing of Willie Newsom will be deeply felt by all who knew and loved him, especially his loving mother, Lula Newsom; his children, Jackie, Colette, Shannae, Tamisha, Alicia, April, Shaquita, Chaviante, and Willie Jr.; his brothers, James Jr., Robert, and Jessie; his sisters, Mary, Pearlie, Dorothy, and Gloria; his grandchildren, Javeon, Traveon, Jaeshon, Delvon, Moesha, Dewanya, and Le'Andre; his special friends, Ray Frank, Danny Woods, and Joe Kincaid; his fiancee, Carolyn Burroughs; his nieces, who include Valeria C. Davis, who is a Legislative Assistant to State Representative Charles G. Morrow, III; his nephews; and his other relatives and many friends; 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 death of Willie Newsom; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Willie Newsom with our sincere condolences.
89 [February 22, 2002] RECALLS By unanimous consent, on motion of Representative Kosel, HOUSE BILL 4234 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Kosel, HOUSE BILL 4235 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Collins, HOUSE BILL 3637 was recalled from the order of Third Reading to the order of Second Reading and held on that order. HOUSE BILLS ON SECOND READING HOUSE BILL 3729. Having been read by title a second time on February 22, 2002, and held on the order of Second Reading, the same was again taken up and 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 Osterman, HOUSE BILL 3729 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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 Art Turner, HOUSE BILL 4947 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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. On motion of Representative Hannig, HOUSE BILL 3714 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: 110, Yeas; 3, Nays; 1, Answering Present. (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Delgado, HOUSE BILL 4200 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; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority
[February 22, 2002] 90 of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Acevedo, HOUSE BILL 4073 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RECALLS By unanimous consent, on motion of Representative Black, HOUSE BILL 3673 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Hoffman, HOUSE BILL 3657 was recalled from the order of Third Reading to the order of Second Reading and held on that order. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 2:39 o'clock p.m. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 562 was taken up for consideration. Representative Art Turner moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTIONS 677, 678, 679, 680, 682, 684, 686, 688, 690, 691, 693, 694, 695, 696, 697, 698, 699, 700, 701 and 704 were taken up for consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 689 Offered by Representative Flowers: WHEREAS, It has come to the attention of the members of the Illinois House of Representatives that the warnings and restrictions regarding mercury amalgam dental fillings are inadequate; and WHEREAS, The term "silver" to describe a product that has substantially more mercury than silver does not accurately convey needed information to consumers; and WHEREAS, Mercury is being removed from all other health care uses, such as vaccines, disinfectants, and contact lenses; many health organizations, such as the American Public Health Association, the California Medical Association, and Health Care Without Harm, recommend removing mercury from all health products; and WHEREAS, Children under 18, pregnant women, and nursing mothers may be at particular risk to mercury exposure, because the mercury goes to the developing brain, through the placenta, and through the breast milk, according to the Agency for Toxic Substances and Disease Registry of the United Suites Public Health Service; several authorities, including manufacturers who have issued contraindications and the
91 [February 22, 2002] Government of Canada, warn that children and pregnant women are at particularized risk for exposure to mercury amalgam; and WHEREAS, Consumers and parents have a right to know, in advance, that, in the words of the California Dental Board, "There exists a diversity of various scientific opinions regarding the safety of mercury dental amalgam"; and WHEREAS, Alternatives to mercury-based dental fillings exist, such as resin composite and porcelain; and WHEREAS, Medicaid and many third-party payment health plans do not allow consumers to choose alternatives to mercury amalgam, so poor children's only options are mercury fillings or no fillings at all; and WHEREAS, The states of Arizona, California, and Maine have passed laws providing warnings to consumers about the risks of silver (mercury) dental amalgam, and Rhode Island has passed a law giving consumers on insurance plans full choice on the type of fillings they may have; therefore, be it RESOLVED, BY THE ILLINOIS HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the State of Illinois enact laws providing warnings to all consumers as follows: (1) that silver fillings are about fifty percent mercury, a neuro-toxin and environmental hazard; (2) that there exists a diversity of various scientific opinions regarding the safety of mercury dental amalgam; and (3) that particularized concern has been expressed regarding the health effects on children, pregnant women, and nursing mothers; and be it further RESOLVED, That the State of Illinois enact laws to provide choices to all consumers, so that Medicaid families and moderate-income consumers on insurance plans will be able to choose alternatives to mercury amalgam. HOUSE RESOLUTION 692 Offered by Representative Flowers: WHEREAS, The use of psychiatric drugs in our nation's schools has more than doubled in the first half of the last decade and continues to escalate; and WHEREAS, Production of these drugs has increased by more than 700% since 1990; and WHEREAS, The number of schoolchildren taking these drugs is approaching the 4 million mark; and WHEREAS, Recent media stories have brought increased scrutiny to this uniquely American large-scale use of psychotropic drugs in our schools; and WHEREAS, Recent books such as "No more ADHD" by Dr. Mary Ann Block, "Ritalin Nation: Rapid-Fire Culture and the Transformation of Human Consciousness", and Lawrence H. Diller's "Running on Ritalin: A Physician Reflects on Children Society and Performance in a Pill" have provided important viewpoints and information to the public debate on the dangers of the drugging of our children; and WHEREAS, Public health issues such as lead poisoning, thyroid deficiencies, and malnutrition are known to decrease student academic performance; and WHEREAS, Advances in medicine offer additional opportunities to identify and treat underlying physiological abnormalities and deficiencies that may contribute to decreases in student performances; such abnormalities and deficiencies have been shown to place students at risk of being identified as slow learners or behavioral problems; and WHEREAS, The state of Connecticut has recently passed legislation prohibiting non-medical personnel from suggesting behavioral problems are the result of ADD or ADHD; and WHEREAS, Public officials are frequently asked to provide policy guidance on this issue without a clear understanding of the medical and scientific issues attending the use of psychotropic drugs on our school children; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
[February 22, 2002] 92 GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize the following recommendations of the National Foundation of Women Legislator's Special Education Sub-Committee, which include: (1) A review by scientific, educational, and medical professionals of the physiological risk factors associated with decreases in academic performances and behavior; (2) Recommendations on screening procedures to identify children at risk due to physiological abnormalities and deficiencies; and (3) Recommendations of non-drug treatment options or model legislation to decrease the occurrence of these risk factors in our school-age population; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Director of Public Health. HOUSE JOINT RESOLUTION 63 Offered by Representative Mautino: WHEREAS, The bounty of agriculture from the State of Illinois is a primary source of high-quality foods that nourish the people of the world, and the global consumption of the produce of Illinois' agriculture is expected to grow at least three percent annually for the next two decades; and WHEREAS, The markets for Illinois' agricultural products are increasingly global and complex, and Illinois farmers, marketers, suppliers, and food, feed, fiber, and medical and industrial raw material processors have a need to take steps to protect the viability of their operations against the vagaries of the global agricultural market while taking advantage of value-added opportunities; and WHEREAS, In recent years, Illinois' farmers, marketers, suppliers, and food, feed, fiber, and medical and industrial raw material processors have responded to the uncertainties and complexities of global markets by entering into contracts to stabilize production, delivery, and pricing of agricultural products; and WHEREAS, Illinois' agricultural economy has a need for a consistent framework for these contracts, so as to ensure that efforts to reduce the uncertainties of global agricultural markets that face Illinois' farmers, marketers, suppliers, and food, feed, fiber, and medical and industrial raw material processors is done within a framework that is fair to farmers and processors; that improves Illinois' competitive advantage in retaining and attracting agriculture and agriculture-related businesses; and that increases the competitive advantage of Illinois' agricultural products in the growing global markets; and WHEREAS, Illinois' lawmakers are challenged to respond to the needs of Illinois' agricultural economy in a manner that is fair to every segment of Illinois' agricultural economy and that provides the greatest opportunity for the economic viability and growth of all components of Illinois' agricultural economy; 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 the Attorney General and the Director of Agriculture are urged to convene a panel of interested parties; and be it further RESOLVED, That the panel should conduct an independent review of the guidelines, rules, and laws that currently apply to the execution and performance of agricultural contracts in Illinois, with the purpose of determining what protections are currently available under State and federal law and of determining the need for further guidelines, rules, or laws to assure clarity and basic fairness for farmers, marketers, suppliers, and food, feed, fiber, and medical and industrial raw material processors, that improve Illinois' competitive advantage in retaining and attracting agriculture and agriculture-related businesses, and that increase the competitive advantage of Illinois' agricultural products in the growing global markets; and be it further RESOLVED, That the panel should conduct an independent review of the types of agricultural production, production-related, marketing, and marketing-related contracts currently being used in the State of
93 [February 22, 2002] Illinois, to determine the impact of the different types of available contracts on Illinois' agricultural economy; and be it further RESOLVED, That the panel should recommend specific types of education to be offered for all sectors of Illinois' agricultural economy to promote the understanding of the benefits and responsibilities of entering into agricultural marketing, marketing-related, production, and production-related contracts; and be it further RESOLVED, That the panel should monitor the use of the recommended education programs concerning agricultural production and marketing contracts; and be it further RESOLVED, That the panel should report to the General Assembly, no later than January 8, 2003, on its findings; and be it further RESOLVED, That the panel convened should be jointly chaired by the Attorney General, or his or her designee, and the Director of Agriculture, or his or her designee, and should be composed of representatives from the following groups: the Chairman of the Senate Agriculture Committee or his or her designee; the Chairman of the House Agriculture Committee or his or her designee; one individual farmer nominated by the Director of Agriculture; one individual farmer nominated by the Attorney General; one individual from a food processor or a food distributor nominated by the Director of Agriculture; one representative nominated by the Illinois Farm Bureau; one representative nominated by the Illinois Farmers' Union; one representative nominated by the Illinois Corn Growers' Association; one representative nominated by the Illinois Soybean Association; one representative nominated by the Illinois Specialty Growers' Association; one representative nominated by the Illinois Fertilizer and Chemical Association; one representative nominated by the Grain and Feed Association of Illinois; one representative nominated by the Illinois Seed Trade Association; one representative nominated by the Midwest Food Processors Association; one representative nominated by the Illinois Pork Producers Association; one representative nominated by the Illinois Beef Association; one representative nominated by the Illinois Poultry Association; one representative nominated by the Illinois Milk Producers Association; one representative nominated by the Renewable Fuels Association; and one representative nominated by the Illinois Chamber of Commerce; and be it further RESOLVED, That the panel should meet as directed by the Attorney General and the Director of Agriculture, and representatives shall serve without compensation; and be it further RESOLVED, That due to the technical legal nature of the contractual law issues that will be reviewed by the panel, the representatives may be assisted and advised by legal counsel of their choosing, at their own expense; the presence of a representative's legal counsel does not entitle that representative to an additional vote in making the panel's recommendations; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Attorney General and the Director of Agriculture. HOUSE JOINT RESOLUTION 64 Offered by Representative Garrett: WHEREAS, Many people throughout our nation have experienced severe investment losses due to the failure of the Enron Corporation; and WHEREAS, It has been suggested that investment losses experienced by the five state-funded public employee retirement systems should be determined as soon as possible especially if the State is to recover any of these losses; 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 respectfully direct the Illinois Auditor General to undertake a special audit of the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, and the Illinois State Board of Investment (as investment manager for the assets of the General Assembly Retirement System, the Judges Retirement
[February 22, 2002] 94 System of Illinois, and the State Employees' Retirement System of Illinois); and be it further RESOLVED, That this special audit should focus on the investment of public employee retirement system assets in the stock, obligations, and securities of the Enron Corporation, and should endeavor, at a minimum, to answer the following questions with respect to those investments: (1) Which retirement system investments have been affected by the failure of Enron? (2) When were these investments made? (3) How long have these investments been held? (4) When were these investments sold? (Or, if they have not been sold, why not?) (5) Which of the affected investments were merged or pooled investments, or investments in mutual funds? (6) Which of the affected investments were managed by an outside investment manager (other than the retirement system or State Board of Investment)? (7) What kinds of safeguards against loss or mismanagement were in place, and what, if any, additional safeguards are needed? (8) What effect will the affected investments have on the financial condition of the retirement systems and the level of required State contributions to those systems? and be it further RESOLVED, That the Auditor General is respectfully directed to report the results of this special audit to the General Assembly as soon as may be practical; and be it further RESOLVED, That a copy of this resolution be delivered to the Illinois Auditor General. 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. 55 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 Friday, February 22, 2002, the Senate stands adjourned until Tuesday, February 26, 2002, at 12:00 o'clock noon; and when it adjourns on that day, it stands adjourned until Wednesday, February 27, 2002; and when it adjourns on that day, it stands adjourned until Thursday, February 28, 2002; and when it adjourns on that day, it stands adjourned until March 5, 2002; and when it adjourns on that day, it stands adjourned until March 6, 2002; and when it adjourns on that day, it stands adjourned until March 7, 2002; and when it adjourns on that day, it stands adjourned until Wednesday, March 20, 2002; and the House of Representatives stands adjourned until Wednesday, February 27, 2002, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, March 5, 2002, in perfunctory session; and when it adjourns on that day, it stands adjourned until Wednesday, March 13, 2002, in perfunctory session; and when it adjourns on that day, it stands adjourned until Monday, March 18, 2002, in perfunctory session; and when it adjourns on that day, it stands adjourned until Wednesday, March 20, 2002, at 1:00 o'clock p.m. Adopted by the Senate, February 22, 2002. Jim Harry, Secretary of the Senate
95 [February 22, 2002] The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 55 was taken up for immediate consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 55 was adopted. Ordered that the Clerk inform the Senate. At the hour of 3:23 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 55, the House stood adjourned until February 27, 2002, perfunctory session.
[February 22, 2002] 96 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE FEB 22, 2002 0 YEAS 0 NAYS 114 PRESENT P ACEVEDO A ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER E 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 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 P 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 A DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU A MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
97 [February 22, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3729 SCH CD-CHI-TAX ANTICIPAT WARNT THIRD READING PASSED FEB 22, 2002 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO A ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER E 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 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 Y 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 A DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU A MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[February 22, 2002] 98 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4947 NOT FOR PROFIT CORP-ELECTRONIC THIRD READING PASSED FEB 22, 2002 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO A ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER E 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 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 Y 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 A DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU A MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
99 [February 22, 2002] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3714 CD CORR-PRIVATE VENDOR-FOOD THIRD READING PASSED FEB 22, 2002 110 YEAS 3 NAYS 1 PRESENT Y ACEVEDO A ERWIN Y LAWFER N PARKE Y BASSI Y FEIGENHOLTZ N LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER E 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 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 Y 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 N COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS P 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 A DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU A MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[February 22, 2002] 100 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4200 CD CORR-SENTENCE-PROSTITUTION THIRD READING PASSED FEB 22, 2002 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO A ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER E 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 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 Y 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 A 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 A DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU A MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
101 [February 22, 2002] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4073 CRIM CD-FALSE POLICE BADGE THIRD READING PASSED FEB 22, 2002 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO A ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER E 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 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 Y 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 A DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU A MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence