{ "id": 3615024, "name": "MARJORIE O'CASEK, Special Adm'r of the Estate of Carla Thompson, Deceased, Appellee, v. CHILDREN'S HOME AND AID SOCIETY OF ILLINOIS (OSF St. Joseph Medical Center et al., Appellants)", "name_abbreviation": "O'Casek v. Children's Home & Aid Society", "decision_date": "2008-06-19", "docket_number": "No. 105050", "first_page": "421", "last_page": "460", "citations": [ { "type": "official", "cite": "229 Ill. 2d 421" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "179 Ill. 2d 367", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 801349 ], "weight": 4, "year": 1997, "pin_cites": [ { "page": "467" }, { "page": "467" }, { "page": "471" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/179/0367-01" ] }, { "cite": "374 Ill. App. 3d 507", "category": "reporters:state", "reporter": "Ill. 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App. 3d", "case_ids": [ 2606226 ], "year": 1991, "pin_cites": [ { "page": "248", "parenthetical": "stating that litigants should not be permitted to stand mute, lose a motion, and then gather new material to show the court erred in its ruling" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/213/0242-01" ] }, { "cite": "38 Ill. 2d 223", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2861276 ], "weight": 2, "year": 1967, "pin_cites": [ { "page": "225" }, { "page": "225" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/38/0223-01" ] }, { "cite": "211 Ill. 2d 106", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 8451129 ], "year": 2004, "pin_cites": [ { "page": "121" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/211/0106-01" ] }, { "cite": "376 Ill. App. 3d 803", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4272846 ], "weight": 3, "year": 2007, "pin_cites": [ { "page": "817" }, { "page": "819", "parenthetical": "Myerscough, J., specially concurring in part and dissenting in part" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/376/0803-01" ] }, { "cite": "359 Ill. App. 3d 143", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5593937 ], "weight": 2, "year": 2005, "opinion_index": 0, "case_paths": [ "/ill-app-3d/359/0143-01" ] }, { "cite": "299 Ill. App. 3d 836", "category": "reporters:state", "reporter": "Ill. 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Ch.", "opinion_index": 0 }, { "cite": "179 Ill. 2d 367", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 801349 ], "weight": 4, "year": 1997, "pin_cites": [ { "page": "467" }, { "page": "471" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/179/0367-01" ] }, { "cite": "353 Ill. App. 3d 654", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3363320 ], "weight": 2, "year": 2004, "pin_cites": [ { "page": "660-61" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/353/0654-01" ] }, { "cite": "328 Ill. App. 3d 907", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2183328 ], "year": 2002, "pin_cites": [ { "page": "912", "parenthetical": "assuming, without deciding, that the version of the statute at issue in this case, rather than the version in effect before the Civil Justice Reform Amendments of 1995, applied to render plaintiffs complaint insufficient as a matter of law" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/328/0907-01" ] }, { "cite": "376 Ill. App. 3d 803", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4272846 ], "year": 2007, "pin_cites": [ { "parenthetical": "applying different provision of 2 - 622 but specifically endorsing Cargill's result and analysis" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/376/0803-01" ] }, { "cite": "359 Ill. App. 3d 143", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5593937 ], "year": 2005, "pin_cites": [ { "parenthetical": "following Cargill" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/359/0143-01" ] }, { "cite": "216 Ill. 2d 334", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3827828 ], "weight": 2, "year": 2005, "pin_cites": [ { "page": "346" }, { "page": "346" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/216/0334-01" ] }, { "cite": "356 Ill. App. 3d 300", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3748824 ], "year": 2005, "pin_cites": [ { "page": "305" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/356/0300-01" ] }, { "cite": "167 Ill. 2d 161", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 222752 ], "year": 1995, "pin_cites": [ { "page": "168" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/167/0161-01" ] }, { "cite": "223 Ill. 2d 477", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3604812 ], "year": 2006, "pin_cites": [ { "page": "481" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/223/0477-01" ] }, { "cite": "158 Ill. 2d 76", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 780263 ], "year": 1994, "pin_cites": [ { "page": "83" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/158/0076-01" ] }, { "cite": "195 Ill. 2d 336", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 725359 ], "year": 2001, "pin_cites": [ { "page": "350" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/195/0336-01" ] }, { "cite": "226 Ill. 2d 169", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3610512 ], "year": 2007, "pin_cites": [ { "page": "187" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/226/0169-01" ] }, { "cite": "187 Ill. 2d 494", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 1131038 ], "year": 1999, "pin_cites": [ { "page": "499" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/187/0494-01" ] }, { "cite": "158 Ill. 2d 432", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 780284 ], "year": 1994, "pin_cites": [ { "page": "442" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/158/0432-01" ] }, { "cite": "224 Ill. 2d 365", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3606949 ], "year": 2007, "pin_cites": [ { "page": "382" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/224/0365-01" ] }, { "cite": "229 Ill. 2d 217", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3615076 ], "year": 2008, "pin_cites": [ { "page": "228" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/229/0217-01" ] }, { "cite": "203 Ill. 2d 312", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 799403 ], "year": 2003, "pin_cites": [ { "page": "329" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/203/0312-01" ] }, { "cite": "198 Ill. 2d 439", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 29935 ], "year": 2002, "pin_cites": [ { "page": "447" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/198/0439-01" ] }, { "cite": "37 St. Mary's L.J. 417", "category": "journals:journal", "reporter": "St. Mary's L.J.", "year": 2006, "pin_cites": [ { "page": "424-25" } ], "opinion_index": 1 }, { "cite": "2002 Utah L. Rev. 53", "category": "journals:journal", "reporter": "Utah L. Rev.", "pin_cites": [ { "page": "58" } ], "opinion_index": 1 }, { "cite": "225 Ill. 2d 125", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5704722 ], "year": 2007, "pin_cites": [ { "page": "145-46" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/225/0125-01" ] }, { "cite": "227 Ill. 2d 78", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5705996 ], "year": 2007, "pin_cites": [ { "page": "94-95" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/227/0078-01" ] }, { "cite": "216 Ill. 2d 481", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3828618 ], "year": 2005, "pin_cites": [ { "page": "520" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/216/0481-01" ] } ], "analysis": { "cardinality": 1923, "char_count": 74919, "ocr_confidence": 0.771, "pagerank": { "raw": 5.469113320731555e-07, "percentile": 0.9456267527566279 }, "sha256": "b5b17584839ab351f7f9ebbb7656e02c281e455c456fcf5e8f3148cc485640d2", "simhash": "1:ebae05b6ab4d59e5", "word_count": 12287 }, "last_updated": "2023-07-14T18:24:05.743057+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "MARJORIE O\u2019CASEK, Special Adm\u2019r of the Estate of Carla Thompson, Deceased, Appellee, v. CHILDREN\u2019S HOME AND AID SOCIETY OF ILLINOIS (OSF St. Joseph Medical Center et al., Appellants)." ], "opinions": [ { "text": "JUSTICE FITZGERALD\ndelivered the judgment of the court, with opinion.\nJustices Freeman, Kilbride, and Burke concurred in the judgment and opinion.\nJustice Karmeier dissented, with opinion, joined by Chief Justice Thomas and Justice Garman.\nOPINION\nDefendants, OSF Healthcare Systems (OSF), Richard D. Castillo, M.D., and Susan G. Emmerson, M.D., appeal from a judgment of the appellate court reversing the dismissal of plaintiffs medical malpractice action. At issue is whether plaintiff, Marjorie O\u2019Casek, special administrator of the estate of Carla Thompson, deceased, was entitled to a 90-day extension in which to file a certificate of merit, in support of her malpractice action, as required by section 2 \u2014 622 of the Code of Civil Procedure (735 ILCS 5/2 \u2014 622 (West 2002)). Resolution of this issue turns on whether Public Act 90 \u2014 579 reenacted that version of section 2 \u2014 622 which this court held unconstitutional, on severability principles, in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997). The appellate court held that, according to Public Act 94 \u2014 677, that version of section 2 \u2014 622 \u201cdisappeared with Best and was never reenacted.\u201d 374 Ill. App. 3d 507, 513. Accordingly, plaintiff was entitled to a 90-day extension and her complaint should be allowed to proceed. 374 Ill. App. 3d at 515.\nFor the reasons that follow, we affirm the judgment of the appellate court.\nBACKGROUND\nHistory of Section 2 \u2014 622\nBefore 1995, section 2 \u2014 622 of the Code of Civil Procedure (commonly known as the Healing Art Malpractice Act) stated in relevant part, as follows:\n\u201c\u00a72 \u2014 622. Healing art malpractice, (a) In any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, hospital, or other healing art malpractice, the plaintiff\u2019s attorney or the plaintiff, if the plaintiff is proceeding pro se, shall file an affidavit, attached to the original and all copies of the complaint, declaring one of the following:\n1. That the affiant has consulted and reviewed the facts of the case with a health professional who the affiant reasonably believes: (i) is knowledgeable in the relevant issues involved in the particular action; (ii) practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified by experience or demonstrated competence in the subject of the case; that the reviewing health professional has determined in a written report, after a review of the medical record and other relevant material involved in the particular action that there is a reasonable and meritorious cause for the filing of such action; and that the affiant has concluded on the basis of the reviewing health professional\u2019s review and consultation that there is a reasonable and meritorious cause for filing of such action. If the affidavit is filed as to a defendant who is a physician licensed to treat human ailments without the use of drugs or medicines and without operative surgery, a dentist, a podiatrist, or a psychologist, the written report must be from a health professional licensed in the same profession, with the same class of license, as the defendant. For affidavits filed as to all other defendants, the written report must be from a physician licensed to practice medicine in all its branches. In either event, the affidavit must identify the profession of the reviewing health professional. A copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional\u2019s determination that a reasonable and meritorious cause for the filing of the action exists, must be attached to the affidavit, but information which would identify the reviewing health professional may be deleted from the copy so attached.\n2. That the affiant was unable to obtain a consultation required by paragraph 1 because a statue of limitations would impair the action and the consultation required could not be obtained before the expiration of the statute of limitations. If an affidavit is executed pursuant to this paragraph, the certificate and written report required by paragraph 1 shall be filed within 90 days after the filing of the complaint. The defendant shall be excused from answering or otherwise pleading until 30 days after being served with a certificate required by paragraph 1.\u201d 735 ILCS 5/2 \u2014 622 (West 1994).\nUnder this version of section 2 \u2014 622, upon the filing of an appropriate affidavit, a medical malpractice plaintiff was entitled to a 90-day extension to file the required certificate of merit, irrespective of whether the plaintiff had previously voluntarily dismissed his or her cause of action. Cargill v. Czelatdko, 353 Ill. App. 3d 654, 657 (2004); Neuman v. Burstein, 230 Ill. App. 3d 33, 37-38 (1992).\nThe Civil Justice Reform Amendments of 1995 (Pub. Act 89 \u2014 7, eff. March 9, 1995) amended section 2 \u2014 622 in two respects. First, the language in section 2 \u2014 622(a)(1) permitting the identity of the reviewing health professional to be deleted from the report was stricken from the statute and the following language was added: \u201cThe report shall include the name and the address of the health professional.\u201d Second, and relevant to this appeal, section 2 \u2014 622(a)(2) was amended to add another requirement to the attorney affidavit, namely, that the \u201cplaintiff has not previously voluntarily dismissed an action based upon the same or substantially the same acts, omissions, or occurrences.\u201d Thus, under Public Act 89 \u2014 7, a plaintiff was precluded from obtaining a 90-day extension to file a certificate of merit if the plaintiff previously voluntarily dismissed the same or substantially the same cause of action.\nOn December 18, 1997, this court held Public Act 89\u2014 7 void in its entirety. Best, 179 Ill. 2d at 467. The amendments made to section 2 \u2014 622 were not among the core provisions held substantively unconstitutional, but were nonetheless deemed invalid because the core provisions could not be severed from the balance of the act. Best, 179 Ill. 2d at 467. We noted that the General Assembly was \u201cfree to reenact whatever provisions it deems desirable or appropriate.\u201d Best, 179 Ill. 2d at 471. With our decision in Best, section 2 \u2014 622 reverted to the pre1995 version, quoted above.\nOn February 4, 1998, less than two months after our decision in Best, the General Assembly passed Public Act 90\u2014 579. Effective May 1, 1998, Public Act 90 \u2014 579 amended section 2 \u2014 622(a)(1) by adding naprapaths to the list of covered health professionals. Notably, however, Public Act 90 \u2014 579 did not add naprapaths to the pre1995 version of section 2 \u2014 622 that was in effect after Best. Rather, it added naprapaths to the 1995 version struck down in Best. Public Act 90 \u2014 579 stated:\n\u201cThe Code of Civil Procedure is amended by changing Section 2 \u2014 622 as follows:\n(735 ILCS 5/2 \u2014 622) (from Ch. 110, par. 2 \u2014 622)\n\u00a72 \u2014 622. Healing art malpractice.\n(a) In any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, hospital, or other healing art malpractice, the plaintiffs attorney or the plaintiff, if the plaintiff is proceeding pro se, shall file an affidavit, attached to the original and all the copies of the complaint, declaring one of the following:\n1. That the affiant has consulted and reviewed the facts of the case with a health professional who the affiant reasonably believes: (i) is knowledgeable in the relevant issues involved in the particular action; (ii) practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified by experience or demonstrated competence in the subject of the case; that the reviewing health professional has determined in a written report, after a review of the medical record and other relevant material involved in the particular action that there is a reasonable and meritorious cause for filing of such action; and that the affiant has concluded on the basis of the reviewing health professional\u2019s review and consultation that there is a reasonable and meritorious cause for filing such action. If the affidavit is filed as to a defendant who is a physician licensed to treat human ailments without the use of drugs or medicines and without operative surgery, a dentist, a podiatrist, or a psychologist, or a naprapath, the written report must be from a health professional licensed in the same profession, with the same class of license, as the defendant. For affidavits filed as to all other defendants, the written report must be from a physician licensed to practice medicine in all its branches. In either event, the affidavit must identify the profession of the reviewing health professional. A copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional\u2019s determination that a reasonable and meritorious cause for the filing of the action exists, must be attached to the affidavit. The report shall include the name and the address of the health professional.\n2. That the plaintiff has not previously voluntarily dismissed an action based upon the same or substantially the same acts, omissions, or occurrences and that the affiant was unable to obtain a consultation required by paragraph 1 because a statute of limitations would impair the action and the consultation required could not be obtained before the expiration of the statute of limitations. If an affidavit is executed pursuant to this paragraph, the certificate and written report required by paragraph 1 shall be filed within 90 days after the filing of the complaint. The defendant shall be excused from answering or otherwise pleading until 30 days after being served with a certificate required by paragraph 1.\n% % %\n(i) This amendatory Act of 1997 does not apply to or affect any actions pending at the time of its effective date, but applies to cases filed on or after its effective date.\u201d (Strikeouts and italics in original.) Pub. Act 90 \u2014 579, eff. May 1, 1998.\nDuring the next several years, no further amendments to section 2 \u2014 622 were adopted, and no published opinion from the appellate court or this court directly addressed the effect of Public Act 90 \u2014 579 on section 2 \u2014 622. But see Giegoldt v. Condell Medical Center, 328 Ill. App. 3d 907, 912 (2002) (where the Second District implicitly recognized that Public Act 90 \u2014 579 reenacted the 1995 version of section 2 \u2014 622). In 2004, however, the Fourth District entertained an interlocutory appeal, pursuant to Rule 308(a) (155 Ill. 2d R. 308(a)), which expressly asked: \u201cDid EA. 90 \u2014 579 resurrect the amendments to [s]ection 2 \u2014 622 of the Code of Civil Procedure (inserted by EA. 89 \u2014 7) which had been found unconstitutional by the Illinois Supreme Court\u2019s decision in Best v. Taylor Machine Works?\u201d Cargill v. Czelatdko, 353 Ill. App. 3d 654, 655 (2004). The appellate court answered in the affirmative. Cargill, 353 Ill. App. 3d at 661.\nIn Cargill, the appellate court noted that the legislature is presumed to act with knowledge of the prevailing case law. Cargill, 353 Ill. App. 3d at 658. Accordingly, the appellate court presumed that the legislature was aware of the Best ruling and its impact on Public Act 89 \u2014 7. Cargill, 353 Ill. App. 3d at 658. The appellate court held that when the legislature passed Public Act 90 \u2014 579, with the same language as in Public Act 89 \u2014 7, the legislature intended it to have the same effect and was simply following the supreme court\u2019s pronouncement in Best that desirable provisions could be reenacted. Cargill, 353 Ill. App. 3d at 660. The appellate court rejected the plaintiffs argument that Public Act 90 \u2014 579 was defective because the operative language was not italicized. Cargill, 353 Ill. App. 3d at 660-61. The court explained that section 5 of the Statute on Statutes (5 ILCS 70/5 (West 2002)), on which the plaintiff relied, \u201cdoes not require italics for new matters to be valid.\u201d Cargill, 353 Ill. App. 3d at 660. The appellate court concluded that, \u201cin looking at the plain language of the statute, if a physician\u2019s report is not attached to the complaint, the plaintiff must attach an affidavit indicating he \u2018has not previously voluntarily dismissed an action based upon the same or substantially the same acts.\u2019 \u201d Cargill, 353 Ill. App. 3d at 661, quoting 735 ILCS 5/2 \u2014 622(a)(2) (West 2002). The appellate court further held that in a refiled healing art malpractice case the circuit court has no discretion to waive the affidavit requirement, and that failure to comply mandates dismissal of the complaint with prejudice. Cargill, 353 Ill. App. 3d at 662.\nApproximately seven months following the Cargill opinion, the General Assembly passed Public Act 94\u2014 677. Effective August 25, 2005, Public Act 94 \u2014 677 made various changes to Illinois law with the stated purpose of addressing the \u201chealth care crisis\u201d and instituting \u201creforms to the civil justice system\u201d and to \u201cthe current medical malpractice situation.\u201d Pub. Act 94 \u2014 677, art. 1, \u00a7101, eff. August 25, 2005. Relevant to this appeal, section 330 of Public Act 94 \u2014 677 amended the Code of Civil Procedure by \u201creenacting and changing\u201d section 2 \u2014 622. Pub. Act 94 \u2014 677, art. 3, \u00a7330, eff. August 25, 2005. Unlike Public Act 90 \u2014 579, which used the 1995 version of section 2 \u2014 622, Public Act 94 \u2014 677 used the pre-1995 version of section 2 \u2014 622, with the exception that it also incorporated the naprapath amendment contained in Public Act 90 \u2014 579. For clarity, we set forth below the pertinent provisions of Public Act 94 \u2014 677:\n\u201cThe Code of Civil Procedure is amended by reenacting and changing Sections 2 \u2014 622 and 8 \u2014 2501, by changing Section 8 \u2014 1901, and by adding Sections 2 \u2014 1704.5 and 2 \u2014 1706.5 as follows:\n(735 ILCS 5/2 \u2014 622) (from Ch. 110, par. 2 \u2014 622)\n(Text of Section WITHOUT the changes made by PA. 89 \u2014 7, which has been held unconstitutional)\nSec. 2 \u2014 622. Healing art malpractice.\n(a) In any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, hospital, or other healing art malpractice, the plaintiffs attorney or the plaintiff, if the plaintiff is proceeding pro se, shall file an affidavit, attached to the original and all copies of the complaint, declaring one of the following:\n1. That the affiant has consulted and reviewed the facts of the case with a health professional who the affiant reasonably believes: (i) is knowledgeable in the relevant issues involved in the particular action; (ii) practices or has practiced within the last 5 6 years or teaches or has taught within the last 5 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) meets the expert witness standards set forth in paragraphs (a) through (d) of Section 8 \u2014 2501; is qualified by experienee--or demonstrated competence in the subject of the case; that the reviewing health professional has determined in a written report, after a review of the medical record and other relevant material involved in the particular action that there is a reasonable and meritorious cause for the filing of such action; and that the affiant has concluded on the basis of the reviewing health professional\u2019s review and consultation that there is a reasonable and meritorious cause for filing of such action. A single written report must be filed to cover each defendant in the action. As to defendants who are individuals, the If the affidavit is filed as to a defendant who-is a physician -licensed to treat-human ailments without-the use of-drugs or medicines and without operative-surgery, a dentist, a podiatrist, a psychologist7-or-a-naprapath, The written report must be from a health professional licensed in the same profession, with the same class of license, as the defendant. For written reports affidavits filed as to all other defendants, who are not individuals, the written report must be from a physician licensed to practice medicine in all its branches who is qualified by experience with the standard of care, methods, procedures and treatments relevant to the allegations at issue in the case. In either event, the written report affidavit must identify the profession of the reviewing health professional. A copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional\u2019s determination that a reasonable and meritorious cause for the filing of the action exists, including the reviewing health care professional\u2019s name, address, current license number, and state of licensure, must be attached to the affidavit, but information which would identify the-reviewing health professional-may- be delcted-from preparation of a written report by the reviewing health professional shall not be used to discriminate against that professional in the issuance of medical liability insurance or in the setting of that professional\u2019s medical liability insurance premium. No professional organization may discriminate against a reviewing health professional on the basis that the reviewing health professional has prepared a written report. :. Information regarding the\n2. That the affiant was unable to obtain a consultation required by paragraph 1 because a statute of limitations would impair the action and the consultation required could not be obtained before the expiration of the statute of limitations. If an affidavit is executed pursuant to this paragraph, the affidavit certificate and written report required by paragraph 1 shall be filed within 90 days after the filing of the complaint. No additional 90-day extensions pursuant to this paragraph shall be granted, except where there has been a withdrawal of the plaintiff\u2019s counsel. The defendant shall be excused from answering or otherwise pleading until 30 days after being served with an affidavit and a report a certificate required by paragraph 1.\ns= * *\n(j) The changes to this Section made by this amendatory Act of the 94th General Assembly apply to causes of action accruing on or after its effective date.\u201d (Strikeouts and italics in original.) Pub. Act 94 \u2014 677, eff. August 25, 2005. The effect of Public Acts 90 \u2014 579 and 94 \u2014 677 on section 2 \u2014 622 is the subject of the present dispute, to which we now turn.\nThe Present Dispute\nOn August 30, 2002, plaintiff filed an amended complaint at law in the Cook County circuit court alleging medical malpractice by defendants in connection with a tonsillectomy performed on decedent, Carla Thompson, on August 29, 2000. Attached to the amended complaint was an affidavit provided by plaintiff\u2019s attorney stating that he had been unable to obtain a consultation with a health professional before the expiration of the statute of limitations, and that the required certificate and report would be filed within 90 days. Plaintiff failed to do so, and defendant Emmerson filed a section 2 \u2014 619 motion to dismiss (735 ILCS 5/2 \u2014 619 (West 2002)). Plaintiff responded with a motion to voluntarily dismiss the complaint (735 ILCS 5/2 \u2014 1009 (West 2002)). The trial court granted plaintiffs motion without prejudice.\nOne year later, on February 23, 2004, plaintiff refiled her cause of action. Although the refiled action was brought in Cook County, the cause was later transferred, on OSF\u2019s motion, to McLean County. Attached to the refiled complaint was an affidavit from plaintiffs counsel stating that he had been unable to obtain a consultation with a health professional and that the required certificate and report would be filed within 90 days. Within the 90 days, plaintiffs attorney filed a certificate of merit with a physician\u2019s report.\nDefendants OSF and Castillo filed a section 2 \u2014 619 motion to dismiss arguing, in relevant part, that plaintiff had failed to satisfy the requirements of section 2 \u2014 622. Relying on the appellate court\u2019s opinion in Cargill, defendants maintained that where, as here, a certificate of merit is not attached to the complaint, the plaintiffs attorney must file an affidavit stating, in pertinent part, that plaintiff \u201c \u2018has not previously voluntarily dismissed an action based upon the same or substantially the same acts.\u2019 \u201d Cargill, 353 Ill. App. 3d at 661, quoting 735 ILCS 5/2\u2014622(a)(2) (West 2002). Defendants argued that in light of the earlier voluntary dismissal of plaintiff\u2019s complaint, plaintiff could not satisfy the affidavit requirements of section 2\u2014622 and plaintiff\u2019s cause of action should be dismissed. Defendant Emmerson filed a similar dismissal motion. In response, plaintiff argued that the affidavit requirement on which defendants relied violates the equal protection clause of the federal and state constitutions by imposing an excessive restriction on medical malpractice plaintiffs\u2019 access to the judicial system, without a compelling state interest. See U.S. Const., amend. XTV\u00a1 \u00a71; Ill. Const. 1970, art. I, \u00a72. The trial court rejected plaintiffs equal protection argument and granted defendants\u2019 dismissal motions.\nPlaintiff filed a motion for reconsideration, arguing for the first time that Public Act 90 \u2014 579 was passed in violation of the three-readings clause of the Illinois Constitution (Ill. Const. 1970, art. IV( \u00a78(d)). Plaintiff further argued, for the first time, that section 2 \u2014 622 violates due process (U.S. Const., amend. XIY \u00a71; Ill Const. 1970, art. I, \u00a72) and constitutes impermissible special legislation (Ill. Const. 1970, art. IV( \u00a713). Plaintiff also reasserted her equal protection challenge. Defendant Emmerson filed a motion to strike plaintiffs reconsideration motion, arguing that plaintiff improperly raised new legal theories. See Coles-Moultrie Electric Cooperative v. City of Sullivan, 304 Ill. App. 3d 153, 166 (1999).\nWhile the foregoing motions were pending, Public Act 94 \u2014 677 became law. A month later, plaintiff sought leave to supplement her reconsideration motion. In her supplement, plaintiff argued that Public Act 94 \u2014 677 clearly establishes that the General Assembly did not intend Public Act 90 \u2014 579 to make substantive changes to section 2 \u2014 622, other than to add naprapaths to the list of health professionals. According to plaintiff, the holding in Cargill \u2014 that Public Act 90 \u2014 579 reenacted the 1995 version of section 2 \u2014 622\u2014was made in error, and that under the pre-1995 version of section 2 \u2014 622, she was entitled to obtain a 90-day extension to file a certificate of merit, notwithstanding her prior voluntary dismissal. Defendants objected to plaintiffs supplement, arguing that plaintiff was improperly raising new issues, the circuit court was bound by Cargill, and plaintiffs supplement should be stricken.\nThe circuit court denied plaintiff\u2019s motion for reconsideration. The record does not disclose the basis for the court\u2019s ruling.\nPlaintiff appealed the dismissal of her complaint and the denial of her reconsideration motion. The Fourth District, with dissent, reversed. 374 Ill. App. 3d 507. The majority held that, according to Public Act 94 \u2014 677, the 1995 version of section 2 \u2014 622 \u201cdisappeared with Best and was never reenacted.\u201d 374 Ill. App. 3d at 512. The majority focused on the parenthetical language that appears in Public Act 94 \u2014 677, prior to the text of the amendment. 374 Ill. App. 3d at 512. This language states: \u201c(Text of Section WITHOUT the changes made by PA. 89 \u2014 7, which has been held unconstitutional).\u201d (Emphasis in original.) Pub. Act 94 \u2014 677, \u00a7330, eff. August 25, 2005. The majority viewed this language as an explicit rejection of the 1995 version of section 2 \u2014 622. 374 Ill. App. 3d at 512. The majority also concluded that the legislature\u2019s use of the pre-1995 version of section 2 \u2014 622 as a template for the amendments made by Public Act 94 \u2014 677 should be construed as a continuation of an old law and not as a new enactment. 374 Ill. App. 3d at 513. The majority concluded that \u201c[t]he legislature recognized Public Act 90 \u2014 579 for its naprapath amendment, but not, in contradiction to Cargill\u2019s assessment of Public Act 90 \u2014 579\u2019s effect, for any reenactment of the civil-reform language.\u201d (Emphasis in original.) 374 Ill. App. 3d at 513. Because the pre-1995 version of section 2 \u2014 622 allowed a 90-day extension to file the required certificate and physician\u2019s report, without regard to whether the plaintiff had previously taken a voluntary dismissal, the appellate court reversed the dismissal of plaintiff\u2019s complaint and remanded the matter to the trial court. 374 Ill. App. 3d at 515.\nJustice Knecht, in dissent, maintained that the circuit court properly relied on the precedent established in Cargill, which was correctly decided, and that the majority\u2019s approach was flawed. \u201cThe majority proposes to reverse that careful adherence to precedent by deferring to a later legislative enactment that attempts to say that is not what the law was because that is not what we wanted it to be. The legislature does not interpret its enactments \u2014 the courts do.\u201d 374 Ill. App. 3d at 515 (Knecht, J., dissenting).\nDefendants filed a petition for rehearing and an application for a certificate of importance. See Ill. Const. 1970, art. VI, \u00a74(c); 155 Ill. 2d R. 316. The appellate court denied the rehearing petition, but granted the application for a certificate of importance. The certificate states that it is granted \u201cto review the issue of whether Public Act 90 \u2014 579 resurrected the civil-reform version of section 2 \u2014 622 of the Code of Civil Procedure.\u201d Under Rule 316, however, \u201cthe whole case comes before us and not just a particular issue.\u201d People v. Crawford Distributing Co., 78 Ill. 2d 70, 73 (1979).\nANALYSIS\nThe purpose of a section 2 \u2014 619 motion is to dispose of issues of law and easily proved issues of fact early in the litigation. Van Meter v. Darien Park District, 207 Ill. 2d 359, 367 (2003). Here, the basis for defendants\u2019 dismissal motions was the plaintiff\u2019s alleged failure to comply with the affidavit and certificate requirements of section 2 \u2014 622. Throughout this litigation section 2 \u2014 622(g) has provided that the failure to file a certificate required by section 2 \u2014 622 shall be grounds for dismissal under section 2 \u2014 619. See, e.g., 735 ILCS 5/2 \u2014 622(g) (West 2002).\nOn appeal from a section 2 \u2014 619 motion, the reviewing court \u201cmust consider whether the existence of a genuine issue of material fact should have precluded the dismissal or, absent such an issue of fact, whether dismissal is proper as a matter of law.\u201d Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112, 116-17 (1993). A court\u2019s disposition of a section 2 \u2014 619 motion is reviewed de novo. Van Meter, 207 Ill. 2d at 368.\nWhether dismissal was proper in this case turns on an issue of statutory construction. Before we reach this issue, however, we must consider two preliminary matters defendants raise: (1) whether plaintiff forfeited review of the statutory construction issue, as well as other issues first raised in plaintiffs reconsideration motion and supplement; and (2) whether principles of stare decisis precluded the appellate court from reexamining its earlier decision in Cargill.\nForfeiture\nDefendants argue that, with the exception of her equal protection argument, plaintiff forfeited consideration of the issues raised in her reconsideration motion and supplement by failing to raise such issues earlier. See Gardner v. Navistar International Transportation Corp., 213 Ill. App. 3d 242, 248 (1991) (stating that litigants should not be permitted to stand mute, lose a motion, and then gather new material to show the court erred in its ruling). The appellate court rejected defendants\u2019 forfeiture argument, citing the \u201ccourt\u2019s duty to maintain a sound body of precedent,\u201d as well as the oft-cited proposition that forfeiture is a limitation on the parties and not the court. 374 Ill. App. 3d at 514. For the following reasons, we also reject defendants\u2019 forfeiture argument.\nThe lead argument in plaintiffs supplement to her reconsideration motion concerned the effect of Public Act 94 \u2014 677 on section 2 \u2014 622. Plaintiff could not have raised this argument in response to defendants\u2019 dismissal motions or in her initial reconsideration motion because Public Act 94 \u2014 677 had not yet been enacted. While plaintiff\u2019s reconsideration motion was pending, the General Assembly passed Public Act 94 \u2014 677 and, within a month of its effective date, plaintiff sought leave to supplement her reconsideration motion. Because plaintiff raised this argument at the first opportunity to do so, we decline defendants\u2019 invitation to find this issue forfeited based on a claim of untimeliness.\nPlaintiff also raised new issues on reconsideration that were independent of Public Act 94 \u2014 677. Plaintiff argued that the legislative history of Public Act 90 \u2014 579 demonstrated that the legislature did not intend to reenact the 1995 version of section 2 \u2014 622. Plaintiff also raised new constitutional challenges to the statute. To the extent plaintiff forfeited consideration of these issues by failing to raise them sooner, we will overlook any forfeiture in the interest of maintaining a sound and uniform body of precedent. Hux v. Raben, 38 Ill. 2d 223, 225 (1967); accord Village of Lake Villa v. Stokovich, 211 Ill. 2d 106, 121 (2004). As discussed below, the law within the Fourth District regarding the various amendments to section 2 \u2014 622 is confused and the potential exists for conflict among the appellate districts.\nWe note that while this case was being briefed in this court, another panel of the Fourth District \u201coverruled\u201d the appellate court judgment now under review. Crull v. Sriratana, 376 Ill. App. 3d 803 (2007). Crull states:\n\u201c[W]e need to clarify this court\u2019s position regarding our earlier decision in Cargill, upon which we rely here, and which the O\u2019Casek court concluded was incorrectly decided. We disagree with that conclusion and adhere both to Cargill\u2019s result and analysis. To the extent that O\u2019Casek is inconsistent with Cargill or this case, O\u2019Casek is hereby overruled.\u201d Crull, 376 Ill. App. 3d at 817.\nBut see Crull, 376 Ill. App. 3d at 819 (Myerscough, J., specially concurring in part and dissenting in part) (stating that the majority\u2019s disagreement with O\u2019Casek \u201cis at best inappropriate and mere dicta\u201d).\nAdditionally, the First District, in Beauchamp v. Zimmerman, 359 Ill. App. 3d 143 (2005), has given a favorable nod to the Cargill opinion. Beauchamp states:\n\u201c[T]here has been some confusion regarding the effect of Public Act 90 \u2014 579. Some have argued that Public Act 90 \u2014 579 was intended only to extend the requirements of section 2 \u2014 622 to those who practice the healing art of \u2018naprapathy,\u2019 rather than to reenact the pre-Besi [i.e., 1995] version of section 2 \u2014 622; however, that argument was squarely rejected by this court in Cargill, 353 Ill. App. 3d at 658, 818 N.E. 2d at 903. Thus, the provisions of section 2 \u2014 622 limiting the statute of limitations exception to plaintiffs who have not already voluntarily dismissed the same or substantially the same claim, as well as the portion requiring that the consulting physician\u2019s name and address be indicated on the report, apply with full force here.\u201d Beauchamp, 359 Ill. App. 3d at 148 n.1.\nSee also Giegoldt, 328 Ill. App. 3d at 912 (where the Second District implicitly recognized that Public Act 90\u2014579 reenacted the 1995 version of section 2 \u2014 622).\nOur decision to overlook any forfeiture in this case is made with the recognition that the new issues plaintiff raised were all issues of law which involved no problem of proofs, and that defendants were not deprived of an opportunity to present argument on these issues in the circuit court. See Hux, 38 Ill. 2d at 225.\nStare Decisis\nDefendants also argue that this court should reverse the appellate court judgment in order to affirm principles of stare decisis. Defendants maintain that adherence to precedent is required unless it can be shown that \u201cserious detriment is likely to arise that will prejudice the public interest.\u201d People v. Worden, 299 Ill. App. 3d 836, 838 (1998). According to defendants, \u201cthe majority\u2019s overturning of its own Cargill decision does not advance the public interest. Instead, the decision does a disservice to all of the lower courts, courts of review and litigants that relied on the Cargill decision over the course of the last few years.\u201d\n\u201cThe doctrine of stare decisis is the means by which courts ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.\u201d Chicago Bar Ass\u2019n v. Illinois State Board of Elections, 161 Ill. 2d 502, 510 (1994). Where a court of review reexamines an issue already ruled upon and arrives at an inapposite decision, the straight path of stare decisis is affected, as well as the reliance interests of litigants, the bench, and the bar. These concerns, however, provide an insufficient basis on which to reverse the appellate court in the present case.\n\u201c \u2018[Sitare decisis requires courts to follow the decisions of higher courts, but does not bind courts to follow decisions of equal or inferior courts.\u2019 \u201d Gillen v. State Farm Mutual Automobile Insurance Co., 215 Ill. 2d 381, 392 n.2 (2005), quoting Schiffner v. Motorola, Inc., 297 Ill. App. 3d 1099, 1102 (1998). Thus, the opinion of one district, division, or panel of the appellate court is not binding on other districts, divisions, or panels. Gillen, 215 Ill. 2d at 392 n.2. The appellate court here was not bound by the earlier Cargill opinion and could part company with that decision without offending the doctrine of stare decisis. Whether the appellate court correctly concluded that the adoption of Public Act 94 \u2014 677, which was not in existence when Cargill was decided, justifies a different result is an issue distinct from whether the appellate court was required to follow Cargill. On the latter issue, we find no error. Accordingly, we turn to the substantive issue before this court\u2014 whether Public Act 90 \u2014 579 reenacted the 1995 version of section 2 \u2014 622 that was struck down in Best.\nStatutory Construction\nIssues of statutory construction present questions of law that we review de novo. In re Donald A.G., 221 Ill. 2d 234, 246 (2006). As in all cases of statutory construction, our primary objective is to ascertain and give effect to the intent of the legislature. Donald A.G., 221 Ill. 2d at 246.\nDefendants maintain that the appellate court erred in relying on Public Act 94 \u2014 677 to ascertain the intent of the General Assembly when it adopted Public Act 90\u2014 579 seven years earlier. Defendants assert that the appellate court\u2019s judgment creates instability in the law because any enactment would be subject to the vagaries of a later legislative body. Defendants also argue, in line with the dissenting justice, that the appellate court opinion effectively permits the legislature to both enact statutes and interpret them, running afoul of the separation of powers clause of the Illinois Constitution (Ill. Const. 1970, art. II, \u00a71). Finally, defendants argue that the appellate court opinion effectively holds that Public Act 94 \u2014 677 changed the law enacted seven years earlier, stripping defendants of a \u201cvested defense,\u201d in violation of their due process rights (Ill. Const. 1970, art. I, \u00a72).\nPlaintiff counters that the appellate court appropriately considered Public Act 94 \u2014 677 in discerning the legislature\u2019s intent when it passed Public Act 90 \u2014 579. Plaintiff maintains that Public Act 90 \u2014 579 is ambiguous and a court may, therefore, consider subsequent amendments, as well as legislative history, to determine legislative intent. Finally, plaintiff argues that this court\u2019s opinion in U.S. Bank National Ass\u2019n v. Clark, 216 Ill. 2d 334 (2005), which postdates Cargill, supports the conclusion that Public Act 90 \u2014 579 did not reenact the 1995 version of section 2 \u2014 622.\nWe begin our analysis by noting a fundamental rule of statutory construction: \u201cStatutes are to be construed as they were intended to be construed when they were passed.\u201d People v. Boreman, 401 Ill. 566, 572 (1948). Thus, the legislative intent that controls the construction of a public act is the intent of the legislature which passed the subject act, and not the intent of the legislature which amends the act. Boreman, 401 Ill. at 572.\nDiscerning legislative intent can be a thorny task, made even more problematic when we attempt to discern prior legislative intent based on the actions of a different legislature. As former Chief Justice Clark observed:\n\u201cIt is difficult enough, at times, to figure out what one legislature \u2018intended\u2019 by a particular statute or provision. After all, our General Assembly is not an actual person who feels, reasons, intends, and acts as a unit. Instead it is a collective entity, made up of 118 flesh-and-blood individuals who, in the privacy of their own minds, may mean by any particular provision anything or nothing. The collective nature of a legislative body impels us to seek \u2018intent\u2019 in the objective words of its statutes, as informed by our own judgment and common sense, rather than in the inevitably subjective thoughts of individual members.\nThis task is complicated enough. We complicate it still further when we seek to infer what one legislature intended from the subsequent action of a later legislature, composed of different members and perhaps working towards different purposes.\u201d People v. Hicks, 119 Ill. 2d 29, 39 (1987) (Clark, C.J., dissenting, joined by Simon, J.).\nSee also Roth v. Yackley, 77 Ill. 2d 423, 428 (1979) (\u201cit is logically difficult to perceive how the declaration and the amendments by the 80th General Assembly can be simply a clarification of the intent of the 77th General Assembly which originally enacted the statute seven years earlier since only a fraction of the individuals who comprised the General Assembly were the same at both times\u201d). Thus, courts must proceed cautiously when examining future legislative enactments for evidence of past legislative intent.\nIn the present case, the appellate court examined Public Act 94 \u2014 677, passed by the 94th General Assembly, to determine the intent of the 90th General Assembly when it passed Public Act 90 \u2014 579 seven years earlier. The appellate court first focused on the following parenthetical language that appears in Public Act 94\u2014 677 prior to the text of the amendment: \u201c(Text of Section WITHOUT the changes made by PA. 89 \u2014 7, which has been held unconstitutional).\u201d (Emphasis in original.) Pub. Act 94 \u2014 677, \u00a7330, eff. August 25, 2005. The appellate court read this language as an explicit rejection by the General Assembly of the 1995 version of section 2 \u2014 622. 374 Ill. App. 3d at 512.\nDefendants maintain, however, that this language was added not by the legislature, but by the Legislative Reference Bureau, as part of its statutory duties, after Public Act 94 \u2014 677 was adopted. Defendants argue the language is merely shown for reference and is not a part of the act. See 25 ILCS 135/0.01 et seq. (West 2004) (establishing the Bureau and defining its duties); Legislative Reference Bureau, Illinois Bill Drafting Manual \u00a725 \u2014 50, at 101 \u2014 02, \u00a770 \u2014 30, at 206-07 (January 2007) (discussing parenthetical references). Defendants argue in the alternative that, even if the legislature added this language, it is akin to a preamble or title, which is not dispositive of legislative intent. See Atkins v. Deere & Co., 177 Ill. 2d 222, 228 (1997).\nWe will assume, arguendo, that the parenthetical language, if not added by the legislature, was at least before the legislature when it adopted Public Act 94\u2014 677. That said, we agree with defendants that the parenthetical language does not evince legislative intent. Rather, this language is informational, \u00a1Le., the text of the amendment that follows the parenthetical language is, in fact, the text of section 2 \u2014 622 without the changes made by Public Act 89 \u2014 7, which was held unconstitutional. To the extent this language could be read as some evidence of legislative intent, at most, it speaks to the intent of the 94th General Assembly when it adopted Public Act 94 \u2014 677 and not the intent of the 90th General Assembly when it adopted Public Act 90 \u2014 579.\nThe appellate court\u2019s determination that Public Act 90 \u2014 579 did not reenact the 1995 version of section 2 \u2014 622 was also based on its conclusion that Public Act 94 \u2014 677 \u201ccontinued\u201d the pre-1995 version of section 2 \u2014 622, recognizing Public Act 90 \u2014 579 only for its naprapath amendment. 374 Ill. App. 3d at 513. While we agree that Public Act 94 \u2014 677 appears to recognize Public Act 90 \u2014 579 only for its naprapath amendment, we are reluctant to conclude that Public Act 94 \u2014 677 merely continued the pre-1995 version of section 2 \u2014 622. We note that section 330 of Public Act 94 \u2014 677 plainly states: \u201cThe Code of Civil Procedure is amended by reenacting and changing Section[ ] 2 \u2014 622 ***.\u201d (Emphasis added.) Pub. Act 94 \u2014 677, art. 3, \u00a7330, eff. August 25, 2005. \u201cReenact\u201d means \u201cto enact (as a law) again.\u201d Webster\u2019s Third New International Dictionary 1907 (1993). \u201cTo reenact\u201d does not mean \u201cto continue.\u201d Thus, any conclusion about the legislature\u2019s intent based on a purported continuation of the pre-1995 law is not on firm ground.\nThe difficulty encountered above, in discerning the intent of the 90th General Assembly based on the actions of the 94th General Assembly, is precisely the situation about which Justice Clark warned. Hicks, 119 Ill. 2d at 39 (Clark, C.J., dissenting, joined by Simon, J.). Thus, we return to the rule of statutory construction with which we began our analysis: \u201cStatutes are to be construed as they were intended to be construed when they were passed.\u201d Boreman, 401 Ill. at 572.\nPublic Act 90 \u2014 579 was passed seven weeks after this court\u2019s decision in Best. We presume that the legislature was aware of the Best decision, including this court\u2019s pronouncement that it was free to reenact whatever provisions in Public Act 89 \u2014 7 it deemed desirable or appropriate. See People v. De La Paz, 204 Ill. 2d 426, 433 (2003) (legislature is presumed to act with knowledge of the prevailing case law). Application of this presumption lends support to the inference that the legislature did just that \u2014 reenacted a provision of Public Act 89 \u2014 7 it deemed desirable. As plaintiff argues, however, new matter in an amendatory act is indicated by italics or underscoring. In this regard, the General Assembly Operations Act expressly states:\n\u201cIn the case of an amendatory Act, the changes made by the amendatory Act shall be indicated in the session laws in the following manner: (i) all new matter shall be underscored; and (ii) all matter deleted by the amendatory Act shall be shown crossed with a line.\u201d 25 ILCS 10/10(1) (West 2004).\nIn addition, the Statute on Statutes provides:\n\u201cIn construing an amendatory Act printed in any volume of the session laws published after January 1, 1969, matter printed in italics shall be construed as new matter added by the amendatory Act, and matter shown crossed with a line shall be construed as matter deleted from the law by the amendatory Act.\u201d 5 ILCS 70/5 (West 2004). Similarly, the Illinois House and Senate rules currently provide, as they did when Public Act 90 \u2014 579 was adopted, that in any bill that amends a statute \u201c[a]ll new matter shall be underscored\u201d and \u201c[a]ll matter that is to be omitted or superseded shall be shown crossed with a line.\u201d 95th Ill. Gen. Assem. House R. 37(e), Senate R. 5 \u2014 1(e); 90th Ill. Gen. Assem. House R. 37(e), Senate R. 5 \u2014 1(e).\nBecause the Illinois Constitution requires that a \u201cbill expressly amending a law shall set forth completely the sections amended\u201d (111. Const. 1970, art. I\\^ \u00a78(d)), the requirement of italics or underscoring to highlight new matter plays an important role in discerning legislative intent. Here, the only words highlighted in Public Act 90 \u2014 579 are the words adding naprapaths to the list of health professionals, lending support to the inference that this was the only change the legislature intended. Pub. Act 90 \u2014 579, eff. May 1, 1998.\nTo resolve these competing inferences regarding the intent of the legislature, we will go outside the language of Public Act 90 \u2014 579 and examine its legislative history. Defendants argue that the language of Public Act 90\u2014 579 is unambiguous and resort to extrinsic aids, like legislative history, is inappropriate. We agree that \u201c[w]hen the drafters\u2019 intent can be ascertained from the statutory language, it must be given effect without resort to other aids for construction.\u201d Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469, 479 (1994). Here we cannot discern the drafters\u2019 intent from the language of Public Act 90 \u2014 579, however plain it may be. As the appellate court explained: \u201cThe question is not whether the civil-reform version of section 2 \u2014 622, if validly resurrected, plainly prohibits a 90-day extension where a plaintiff has previously voluntarily dismissed. The question is whether Public Act 90 \u2014 579 did in fact resurrect the civil-reform version of section 2 \u2014 622.\u201d (Emphasis in original.) 374 Ill. App. 3d at 514-15.\nPublic Act 90 \u2014 579 began its life as Senate Bill 120. On January 29, 1998, approximately six weeks after Best was decided, Senator Robert Madigan addressed Senate Bill 120:\n\u201cSenator Madigan: *** The Conference Committee Report No. 1 to Senate Bill 120 puts naprapaths or the practice of naprapathy in line with other medical professions when it comes to [a] malpractice suit by stating that an affidavit against a naprapath in a malpractice suit has to be completed by another naprapath. That\u2019s simply all that it does. I \u2014 I am aware of no opposition to this bill and would ask favorable consideration of Conference Committee Report No. 1 to Senate Bill 120.\u201d 90th Ill. Gen. Assem., Senate Proceedings, January 29, 1998, at 46 (statements of Senator Madigan).\nThe Senate immediately thereafter took a vote, unanimously adopting the Conference Committee Report. Senate Bill 120 was declared passed. 90th Ill. Gen. Assem., Senate Proceedings, January 29, 1998, at 46. Less than a week later, Representative Daniel Burke spoke on Senate Bill 120 to his colleagues in the House:\n\u201cBurke: *** Senate Bill 120, having passed out of the Senate and just considered in our committee, Executive Committee, yesterday, has to do with the practice of Naprapathy in the state, and, in particular, when a malpractice action is brought against any naprapath in the state, currently, only a medical doctor would be asked to testify in that action. We are asking that the statute be amended to suggest and include naprapaths as the professional that would testify in malpractice actions ***.\u201d 90th Ill. Gen. Assem., House Proceedings, February 4, 1998, at 10 (statements of Representative Burke).\nThe House of Representatives thereafter took a vote, unanimously adopting the Conference Committee Report. Senate Bill 120 was declared passed. 90th Ill. Gen. Assem., House Proceedings, February 4, 1998, at 11.\nThe legislative history is devoid of any discussion of Best or the Civil Justice Reform Amendments that it struck. In addition, the legislative history affirmatively demonstrates that the General Assembly\u2019s intent, when it adopted Public Act 90 \u2014 579, was simply to add naprapaths to the coverage of section 2 \u2014 622. This is consistent with the fact that only the naprapath language was highlighted. Although, in giving the amendment context, the legislature used the 1995 version of section 2 \u2014 622, we regard this as a legislative oversight. Accordingly, we hold that Public Act 90 \u2014 579 did not reenact the version of section 2 \u2014 622 that this court held invalid in Best. To the extent that Cargill, Crull, and other cases hold otherwise, they are hereby overruled.\nOur holding is consistent with this court\u2019s opinion in U.S. Bank National Ass\u2019n v. Clark, 216 Ill. 2d 334 (2005). There we considered, inter alia, whether the legislature intended to reenact certain limitations on lender charges in section 4.1a of the Interest Act (815 ILCS 205/4. la (West 2002)), which had been implicitly repealed in 1981, when the legislature amended that section in 1991. See Pub. Act 87 \u2014 496, eff. January 1, 1992. The 1991 amendment added two provisions, but otherwise left unchanged the text of the statute that had been implicitly repealed. The defendants argued that if the relevant portion of section 4.1a was implicitly repealed in 1981, then the amendment of that section in 1991 constituted its \u201creadoption.\u201d U.S. Bank, 216 Ill. 2d at 353. We rejected this argument:\n\u201cOur Statute on Statutes provides that \u2018the provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a continuation of such prior provisions, and not as a new enactment.\u2019 5 ILCS 70/2 (West 2004). While this general rule is not limited to cases of implicit repeal, it is relevant to our analysis in that context. Specifically addressing the requirements for reenacting an implicitly repealed statute, this court explained in Lily Lake Road Defenders v. County of McHenry, 156 Ill. 2d 1, 8 (1993), that the legislature \u2018must expressly reenact a statute which has been repealed by implication to render it valid and enforceable again.\u2019 (Emphasis added.)\nHere, the [relevant] portion of section 4.1a *** was not changed by the 1991 amendment. The text of Public Act 87 \u2014 496 clearly designated the amendment as consisting of the addition of subparts (e) and (f), highlighting those provisions while merely reprinting, unchanged, the remaining, preexisting text. See Pub. Act 87- \u2014 496, eff. January 1, 1992 (amending Ill. Rev. Stat. 1989, ch. 17, par. 6406). Nothing in the text or structure of the amendatory act reveals any legislative \u2018express\u2019 intent to \u2018reenact\u2019 the ceiling on lender charges in section 4.1a. Indeed, our Statute on Statutes specifically precludes that conclusion. See 5 ILCS 70/2 (West 2004); Lily Lake, 156 Ill. 2d at 7.\u201d U.S. Bank, 216 Ill. 2d at 354.\nIn U.S. Bank we also rejected the defendants\u2019 argument that the legislature, when it adopted the 1991 amendment, was attempting to overcome the implicit repeal of section 4.la\u2019s limitation provisions that was recognized in Currie v. Diamond Mortgage Corp. of Il linois, 859 F.2d 1538 (7th Cir. 1988). U.S. Bank, 216 Ill. 2d at 356. In rejecting this argument, we considered, among other things, the legislative history of the 1991 amendment, finding that it was wholly devoid of any discussion of cases or rulings considering the issue of implicit repeal. U.S. Bank, 216 Ill. 2d at 356. We held that in the absence of any indication in either the language of the statute or its legislative history, we could not conclude that the legislature reenacted the implicitly repealed portion of section 4.1a by its 1991 amendment, thus rendering the lender charge limitation in section 4.1a enforceable and valid again. U.S. Bank, 216 Ill. 2d at 356.\nWe recognize that U.S. Bank involved the implicit repeal of a statute, whereas the present case involves the express invalidation of a public act by this court. Accordingly, the rule we applied in U.S. Bank \u2014 that the legislature must expressly reenact a statute which has been repealed by implication to render it valid and enforceable again \u2014 is inapplicable here. We also recognize, however, that our task in U.S. Bank was, at bottom, the same task we face today \u2014 discerning legislative intent in connection with a claimed reenactment \u2014 and the indicia of such intent that we examined in U.S. Bank are equally applicable to the case at bar. Thus, notwithstanding the difference between the two cases, favorable comparisons may be drawn.\nHere, as in U.S. Bank, the amendment (Public Act 90 \u2014 579), which defendants claim reenacted the invalid statute (the 1995 version of section 2 \u2014 622), highlighted a minor amendment (the addition of the naprapath language) while merely reprinting, unchanged, the balance of the text. As we observed in U.S. Bank, nothing in the \u201ctext or structure\u201d of the amendment indicates an intent to reenact the invalid statute. U.S. Bank, 216 Ill. 2d at 354. Further, like U.S. Bank, the legislative history of the public act at issue contains no discussion of the opinion (Best) that rendered the underlying statute (Public Act 89 \u2014 7) invalid. Finally, as in U.S. Bank, we will not construe the mere iteration of a prior law as a new enactment. See 5 ILCS 70/2 (West 2004); 735 ILCS 5/1 \u2014 102 (West 2004). Thus, the conclusion we reach here is necessarily the same conclusion we reached in U.S. Bank: the legislature did not intend a reenactment.\nBased on the foregoing, we agree with plaintiff that her medical malpractice complaint is governed by the pre-1995 version of section 2 \u2014 622, as amended with the addition of the naprapath language found in Public Act 90 \u2014 579. That version contains no limitation on obtaining a 90-day extension to file a certificate of merit in a refiled action. See 735 ILCS 5/2 \u2014 622 (West 1994); Cargill, 353 Ill. App. 3d at 657; Neuman, 230 Ill. App. 3d at 37-38. No dispute exists that plaintiff filed her certificate of merit within 90 days of her refiled complaint. Therefore, we affirm the judgment of the appellate court reversing the circuit court\u2019s dismissal of plaintiffs complaint.\nSeparation of Powers and Due Process\nDefendants argue that affirmance of the appellate court judgment would effect a violation of our state constitution. Specifically, defendants argue that the appellate court opinion permits the legislature to both enact statutes and interpret them, running afoul of the separation of powers clause (Ill. Const. 1970, art. II, \u00a71). In addition, defendants argue that the appellate court opinion effectively holds that Public Act 94 \u2014 677 changed the law enacted seven years earlier, stripping defendants of a \u201cvested defense,\u201d in violation of their due process rights (Ill. Const. 1970, art. I, \u00a72).\nAlthough we affirm the appellate court judgment, as discussed above, we do not adopt the reasoning of the appellate court. The appellate court\u2019s determination of whether Public Act 90 \u2014 579 reenacted the 1995 version of section 2 \u2014 622 was based upon an examination of Public Act 94 \u2014 677. Our determination of this issue, however, ultimately rests on our examination of Public Act 90 \u2014 579. Accordingly, the constitutional provisions defendants cite are not implicated by our holding, and we find it unnecessary to consider defendants\u2019 constitutional arguments further.\nCONCLUSION\nFor the reasons discussed, we affirm the judgment of the appellate court reversing the dismissal of plaintiff s complaint.\nAffirmed.\nOn November 13, 2007, the circuit court of Cook County, in case No. 2006 L 12109, declared a portion of Public Act 94 \u2014 677 unconstitutional and the act invalid in its entirety. That ruling has been appealed directly to this court pursuant to Supreme Court Rule 302 (210 Ill. 2d R. 302(a)(1)) and is currently pending. Lebr\u00f3n v. Gottlieb Memorial Hospital, Nos. 105741, 105745 cons.\nThe amended complaint, as well as the refiled complaint, included a negligence count against the Children\u2019s Home and Aid Society, which owned and operated the residential facility where the decedent resided. This entity is not a party to this appeal.\nWe note that italics and underscoring are used interchangeably. See generally The Bluebook: A Uniform System of Citation 23 (18th ed. 2005) (discussing typeface conventions).", "type": "majority", "author": "JUSTICE FITZGERALD" }, { "text": "JUSTICE KARMEIER,\ndissenting:\nContrary to the majority, I would hold that the circuit court properly dismissed plaintiffs medical malpractice action with prejudice based on her failure to comply with the provisions of section 2 \u2014 622 of the Code of Civil Procedure (735 ILCS 5/2 \u2014 622 (West 2004)). As the majority\u2019s opinion explains, plaintiff had previously taken a voluntary dismissal of her complaint. When she refiled the action in February of 2004, she failed to attach to her complaint the affidavit required by section 2 \u2014 622(a)(1) of the Code (735 ILCS 5/2 \u2014 622(a)(1) (West 2004)) declaring that she had consulted with a health professional who believed that she had reasonable and meritorious cause for filing the action. Section 2 \u2014 622(g) of the Code (735 ILCS 5/2 \u2014 622(g) (West 2004)) expressly provides that the failure to include such a certificate \u201cshall be grounds for dismissal under Section 2 \u2014 619\u201d of the Code (735 ILCS 5/2 \u2014 619 (West 2004)). When defendants moved to dismiss under section 2 \u2014 619 based on the absence of the requisite certification, the court therefore had no discretion regarding how to proceed. Dismissal was mandatory. See Hull v. Southern Illinois Hospital Services, 356 Ill. App. 3d 300, 305 (2005).\nPlaintiff believed that she could avoid this result by including an affidavit from her lawyer indicating that he had been unable to obtain a consultation with a health professional before expiration of the statute of limitations and indicating that the required certificate and report would be filed within 90 days. That approach was untenable. Although section 2 \u2014 622(a)(2) of the Code (735 ILCS 5/2 \u2014 622(a)(2) (West 2004)) authorizes the use of such an affidavit to defer compliance with the certification requirement of section 2 \u2014 622(a)(1), the statute expressly limits use of the affidavit option to situations where the plaintiff had not previously taken a voluntary dismissal of an action based on the same or substantially the same acts, omissions or occurrences underlying the current action. Because plaintiff had previously taken such a voluntary dismissal, this option was not available to her.\nFaced with this predicament, plaintiff argued that the \u201cno previous dismissal\u201d limitation set forth in section 2 \u2014 622(a)(2) should be read out of the statute. In her view, the legislature never intended to adopt that portion of the law and it should not be given any legal effect. Instead, she urged reliance of the version of the statute as it existed prior to the Civil Justice Reform Amendments of 1995 (Pub. Act 89 \u2014 7, eff. March 9, 1995) invalidated by this court\u2019s decision in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997). Under that earlier version, the affidavit option to defer compliance with the certification requirement was not limited to situations where there had been no prior voluntary dismissal. Plaintiff\u2019s complaint would therefore not have been subject to dismissal on that basis.\nArguments similar to plaintiffs have been considered and rejected by the appellate court. See Cargill v. Czelatdko, 353 Ill. App. 3d 654 (2004); accord Crull v. Sriratana, 376 Ill. App. 3d 803 (2007) (applying different provision of 2 \u2014 622 but specifically endorsing Cargill\u2019s result and analysis); see also Beauchamp v. Zimmerman, 359 Ill. App. 3d 143, 148 n.l (2005) (following Cargill); Giegoldt v. Condell Medical Center, 328 Ill. App. 3d 907, 912 (2002) (assuming, without deciding, that the version of the statute at issue in this case, rather than the version in effect before the Civil Justice Reform Amendments of 1995, applied to render plaintiffs complaint insufficient as a matter of law).\nThe decision by the appellate court in this case was the first to reach a contrary conclusion. While the majority agrees with that result, I do not believe it can be squared with fundamental principles of statutory construction. It is axiomatic that in interpreting a statute, the primary rule of construction, to which all other rules are subordinate, is to ascertain and give effect to the true intent and meaning of the legislature. In re Application for Judgment & Sale of Delinquent Properties for the Tax Year 1989, 167 Ill. 2d 161, 168 (1995). The best evidence of that intent is, of course, the language of the statute itself. U.S. Bank National Ass\u2019n v. Clark, 216 Ill. 2d 334, 346 (2005). When the language is unambiguous, the statute must be applied as written without resorting to other aids of construction. People v. Bywater, 223 Ill. 2d 477, 481 (2006).\nIn this case the legislation enacted by the General Assembly clearly and unambiguously limited the use of the affidavit option in 2 \u2014 622(a)(2) of the Code (735 ILCS 5/2 \u2014 622(a)(2) (West 2004)) to situations where the plaintiff \u201cha[d] not previously voluntarily dismissed an action based upon the same or substantially the same acts, omissions, or occurrences.\u201d This provision could not be more straightforward. We have no authority to depart from the law\u2019s plain meaning (see Solich v. George & Anna Portes Cancer Prevention Center of Chicago, Inc., 158 Ill. 2d 76, 83 (1994)), nor may we alter the statute\u2019s language in \u201ca way that constitutes a change in the plain meaning of the words actually adopted by the legislature\u201d (U.S. Bank National Ass\u2019n v. Clark, 216 Ill. 2d at 346).\nThe majority\u2019s opinion stands in direct conflict with these principles. It likewise violates the rule that, whenever possible, a court should construe a statute to give effect to each paragraph, sentence, clause, and word. See People v. Maggette, 195 Ill. 2d 336, 350 (2001). Under this rule, a court is required to construe a statute, if possible, so that no term is rendered superfluous or meaningless. See Ultsch v. Illinois Municipal Retirement Fund, 226 Ill. 2d 169, 187 (2007). Rather than give meaning to the full text of the statute at issue in this case, however, the majority holds that critical portions of it have no effect whatever.\nThe \u201cno previous dismissal\u201d limitation which is set forth in section 2 \u2014 622(a)(2) and which was the predicate for the circuit court\u2019s dismissal of plaintiffs complaint was neither novel nor controversial. As the majority recounts, it was originally enacted five years before the events giving rise to this litigation as part of Civil Justice Reform Amendments of 1995 (Pub. Act 89 \u2014 7, eff. March 9, 1995). Although the provision was temporarily rendered void by this court\u2019s decision in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997), that action was unrelated to the merits of section 2 \u2014 622(a)(2) itself. It was, instead, a byproduct of the court\u2019s determination that invalidation of the core provisions of the Civil Justice Reform Amendments of 1995 (Pub. Act 89 \u2014 7, eff. March 9, 1995) rendered the remainder of that statute invalid as well. See Best, 179 Ill. 2d at 467.\nNothing in Best precluded the General Assembly from reenacting the noncore provisions of the Civil Justice Reform Amendments of 1995 (Pub. Act 89 \u2014 7, eff. March 9, 1995). To the contrary, we held there that because the remaining provisions of the statute were not challenged and were deemed invalid based solely on severability principles, the General Assembly was \u201cfree to reenact whatever provisions it deem[ed] desirable or appropriate.\u201d Best, 179 Ill. 2d at 471. With respect to section 2 \u2014 622(a)(2), that is precisely what the General Assembly did. Less than two months after Best was decided, the legislature passed Public Act 90 \u2014 579. That legislation restored section 2 \u2014 622(a)(2) to precisely the same state it had been in before the Best decision, including its \u201cno previous dismissal\u201d limitation. The \u201cno previous dismissal limitation\u201d was therefore in full force and effect at the time Carla Thompson had the tonsillectomy which led to her death and Marjorie O\u2019Casek brought this action as special administrator of Thompson\u2019s estate.\nContrary to the majority, I do not believe that inclusion of the \u201cno previous dismissal\u201d limitation in Public Act 90 \u2014 579 can be dismissed as mere \u201clegislative oversight.\u201d The \u201clegislative oversight\u201d theory presumes that the General Assembly somehow failed to realize that Best affected the prior version of the law. Under Illinois law, however, we must presume the opposite, namely, that in amending the statute, the General Assembly was fully aware of judicial decisions interpreting the statute and that it acted with this knowledge. Morris v. William, L. Dawson Nursing Center, Inc., 187 Ill. 2d 494, 499 (1999).\nIn the case of Best, this presumption is no mere legal fiction. Many of our decisions are little known by anyone besides the litigants and their lawyers. Such was not the case with Best. At the time it was decided, Best was highly publicized and vigorously debated. It was perhaps one of the most well-known decisions issued by this court in the 1990s. The reality is that no conscientious legislator in Illinois could possibly have been unfamiliar with it or its effects on the General Assembly\u2019s tort reform initiatives, of which the \u201cno previous dismissal\u201d limitation was a part.\nThe remarks of Senator Madigan and Representative Burke scarcely suffice to overcome this presumption. Although their statements regarding Public Act 90 \u2014 579 deal with the addition of naprapaths to the list of healthcare professionals covered by section 2 \u2014 622(a)(1) of the Code (735 ILCS 5/2 \u2014 622(a)(1) (West 2004)), that may be because the addition of naprapaths was the only genuinely new aspect of the legislation. The \u201cno previous dismissal\u201d limitation was simply a reenactment of a provision which had previously been debated and adopted. Given that the time allotted for floor debate is limited and considering that the Best decision did not call into question the substantive merits of that provision, Madigan and Burke may simply have believed that elaboration on that aspect of the legislation was unnecessary.\nI note, moreover, that Senator Madigan and Representative Burke are but 2 of the 177 members of the General Assembly. We have no basis for assuming that they were the only legislators familiar with the contents of Public Act 90 \u2014 579, nor can we impute their personal views to the legislature as a whole. Here, as in most instances of this kind, no claim can be made that their assessment of the law was shared by the majority of their colleagues or even any of their colleagues. That is why floor debates are such an unreliable and unhelpful guide to ascertaining legislative intent and cannot, by themselves, affirmatively establish the intent of the legislature. See People v. R.L., 158 Ill. 2d 432, 442 (1994).\nIn any case, whatever Senator Madigan and Representative Burke may have had in mind when they stood on the floor of their respective chambers and addressed their colleagues about Public Act 90 \u2014 579, their views cannot supercede or undo the statute that was ultimately adopted by the General Assembly. Hadley v. Illinois Department of Corrections, 224 Ill. 2d 365, 382 (2007). Indeed, because the language of the statute is clear and unambiguous, we should not even be referring to the floor debates or any other extrinsic aids of construction. Our obligation is to apply the law as written. Alvarez v. Pappas, 229 Ill. 2d 217, 228 (2008).\nContrary to the majority, I do not believe that precedent governing implicit repeal of statutes by the General Assembly is relevant to the issue before us in this case. The challenge presented by those cases is how to reconcile legislative action taken by the General Assembly which appears to be inconsistent. That dilemma is not before us here. To the contrary, the changes to section 2 \u2014 622(a)(2) of the Code which would result from applying the plain language of Public Act 90 \u2014 579 are entirely consistent with the prior amendments to the statute included in the Civil Justice Reform Amendments of 1995 (Pub. Act 89 \u2014 7, eff. March 9, 1995). Rather than implicit repeal, this case involves explicit reenactment of a law under circumstances we specifically sanctioned.\nThe fact that the \u201cno previous dismissal\u201d limitation was not underscored or italicized in Public Act 90 \u2014 579 is of no consequence. Section 5 of the Statute on Statutes does state that\n\u201c[i]n construing an amendatory Act printed in any volume of the session laws published after January 1,1969, matter printed in italics shall be construed as new matter added by the amendatory Act, and matter shown crossed with a line shall be construed as matter deleted from the law by the amendatory Act.\u201d 5 ILCS 70/5 (West 2004).\nAs the appellate court correctly noted in Cargill v. Czelatdko, 353 Ill. App. 3d at 660-61, however, nothing in this provision makes the use of italics a prerequisite to the validity of new matter added by an amendment. The statute simply means that when items are italicized, such items shall be construed as adding new matter to the law.\nThe Illinois House and Senate have enacted rules which go beyond this statutory requirement by specifying that in any bill amending a statute, \u201c[a]ll new matter shall be underscored\u201d and \u201c[a] 11 matter that is to be omitted or superseded shall be shown crossed with a line.\u201d 95th Ill. Gen. Assem. House R. 37(e); Senate R. 5 \u2014 1(e); 90th Ill. Gen. Assem. House R. 37(3); Senate R. 5 \u2014 1(e). Compliance with these rules is, in the first instance, a matter for the General Assembly to judge. There is no evidence that the General Assembly found the bill which culminated in Public Act 90 \u2014 579 (S.B. 120) to be problematic, and we can infer none. The Speaker of the House and the President of the Senate certified that the procedural requirements for passage of the bill had been satisfied. Under the enrolled-bill doctrine, the bill is therefore conclusively presumed to have met all procedural requirements for passage. Friends of the Parks v. Chicago Park District, 203 Ill. 2d 312, 329 (2003).\nNor can we find any deficiency in Public Act 90 \u2014 579 under this state\u2019s constitution. Article IY section 8(d), of the Illinois Constitution of 1970 (Ill. Const. 1970, art. IV \u00a78(d)) requires only that \u201c[a] bill expressly amending a law shall set forth completely the sections amended.\u201d That requirement was met here. There is no dispute that the complete text of the law, as amended, was printed in the bill considered and adopted by the legislature.\nOne may speculate as to what the General Assembly was thinking when it proceeded as it did with Public Act 90 \u2014 579. It is well established, however, that we cannot ignore the plain language of a statute based on conjecture. Petersen v. Wallach, 198 Ill. 2d 439, 447 (2002). Under the clear terms of the statute as ultimately enacted here, plaintiffs refiled cause of action was fatally defective. The circuit court therefore acted properly when it granted defendants\u2019 motion to dismiss.\nI do not see how we can countenance any other conclusion. Section 2 \u2014 622(a)(2) of the Code (735 ILCS 5/2 \u2014 622(a)(2) (West 2004)), as amended by Public Act 90 \u2014 579, was considered by 118 members of the House and 59 members of the Senate and approved by the Governor. The majority\u2019s opinion ultimately stands on the proposition that these branches of government and their constituent officers did not realize what they were doing when they enacted Public 90 \u2014 579. Pundits may assume that the other branches of government are inattentive to their duties, but we, as the highest court of this state, may not.\nWhen we refuse to give effect to the plain language of a statute on the conjecture that its passage must have been accidental or inadvertent, we invite courts to disregard legislative enactments whose purposes they do not understand or whose wisdom they question. This is not only presumptuous, it puts courts in the position of super legislators, undermining basic principles of separation of powers.\nI close by observing that the events culminating in the death of plaintiffs decedent took place in August of 2000. When plaintiff filed her complaint two years later, she failed to obtain the certificate of merit required by section 2 \u2014 622 of the Code of Civil Procedure. When plaintiff attempted to refile her complaint two years after that, she still failed to obtain the requisite certificate.\nThe reason for plaintiff\u2019s ongoing difficulties in complying with the law is unknown. The delay may be justified. It may, on the other hand, simply be a function of some underlying problem with the merits of plaintiffs cause of action. In any event, without further explanation, no claim can be made that application of the law, as written, would be in any way unfair under the particular facts of this case.\nFor the foregoing reasons, I respectfully dissent.\nCHIEF JUSTICE THOMAS and JUSTICE CARMAN join in this dissent.\nThe majority is correct that stare decisis did not bar the appellate court from departing from past precedent. In reaching that conclusion, however, they fail to distinguish between vertical and horizontal stare decisis. The doctrine of vertical stare decisis requires inferior tribunals to follow the decisions of superior ones. The doctrine of horizontal stare decisis pertains to a court\u2019s responsibility to follow its own precedent or the precedent of coequal courts. A. Solomon, A Simple Prescription for Texas\u2019s Ailing Court System: Stronger Stare Decisis, 37 St. Mary\u2019s L.J. 417, 424-25 (2006). It is this latter form of stare decisis which is at issue here. Unlike vertical stare decisis, which has been viewed, historically, as an obligation, horizontal stare decisis has been regarded as a matter of sound policy. See W. Consovoy, The Rehnquist Court and the End of Constitutional Stare Decisis: Casey, Dickerson and the Consequences of Pragmatic Adjudication, 2002 Utah L. Rev. 53, 58. This approach is reflected in those decisions of our court which have held that stare decisis is not an inexorable command. It is, instead, a recognition of the principle that our system of justice works best when the law does not change erratically, but rather develops in a principled, intelligible fashion. See, e.g., People v. Colon, 225 Ill. 2d 125, 145-46 (2007); Iseberg v. Gross, 227 Ill. 2d 78, 94-95 (2007). There is no question under Illinois law that courts may depart from their own precedent or the precedent established by a coequal court when they believe they have good cause or a compelling reason for doing so, e.g., where they believe the existing decisions are unworkable or badly reasoned. People v. Sharpe, 216 Ill. 2d 481, 520 (2005).", "type": "dissent", "author": "JUSTICE KARMEIER," } ], "attorneys": [ "Nancy G. Lischer, of Hinshaw & Culbertson LLf^ of Chicago (Paul C. Estes, of counsel), for appellants OSF Healthcare Systems and Richard Castillo.", "Christopher L. Nyweide, Ryan D. Gammelgard and Barbara G. Taft, of Livingston, Barger, Brandt & Schroeder, of Bloomington, for appellant Susan G. Emmerson.", "Nicola S. Tancredi, of Oakbrook Terrace, for appellee." ], "corrections": "", "head_matter": "(No. 105050.\nMARJORIE O\u2019CASEK, Special Adm\u2019r of the Estate of Carla Thompson, Deceased, Appellee, v. CHILDREN\u2019S HOME AND AID SOCIETY OF ILLINOIS (OSF St. Joseph Medical Center et al., Appellants).\nOpinion filed, June 19, 2008.\nNancy G. Lischer, of Hinshaw & Culbertson LLf^ of Chicago (Paul C. Estes, of counsel), for appellants OSF Healthcare Systems and Richard Castillo.\nChristopher L. Nyweide, Ryan D. Gammelgard and Barbara G. Taft, of Livingston, Barger, Brandt & Schroeder, of Bloomington, for appellant Susan G. Emmerson.\nNicola S. Tancredi, of Oakbrook Terrace, for appellee." }, "file_name": "0421-01", "first_page_order": 435, "last_page_order": 474 }