74 JOURNAL OF THE [January 26, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
3RD LEGISLATIVE DAY
Perfunctory Session
TUESDAY, JANUARY 26, 1999
12:00 O'CLOCK NOON
The House met pursuant to adjournment.
Anthony D. Rossi, Clerk of the House in the Chair.
Prayer by Bradley S. Bolin, Assistant Clerk of the House.
Minutes Clerk Jennifer L. Timms led the House in the Pledge of
Allegiance.
OATH OF OFFICE
STATE OF ILLINOIS
I, Carolyn Krause, do solemnly swear that I will support the
Constitution of the United States, and the Constitution of the State
of Illinois, and that I will faithfully discharge the duties of the
office of Representative in the General Assembly of the State of
Illinois, for the 56th Representative District to the best of my
ability.
s/Carolyn Krause
Subscribed and sworn before me, this 19th day of January 1999.
s/Arthur Perivolidis
Judge of Circuit
Court of Cook County
PERMANENT COMMITTEE ASSIGNMENTS
Speaker Madigan appointed the following Democratic Members to
serve as permanent Members in the Committee on Rules:
RULES: Representative Currie, Chairperson; Representatives Hannig
HOUSE OF REPRESENTATIVES 75
and Art Turner.
Representative Daniels appointed the following Republican Members
to serve as permanent Members in the Committee on Rules:
RULES: Representatives Tenhouse and Ryder.
REPORTS
The Clerk of the House acknowledges receipt of the following
correspondence:
1997 Annual Statistical Report was submitted by the Illinois
State Board of Education.
A Catalog of Reports to the General Assembly for Calendar Year
1998 was submitted by the Illinois State Board of Education.
1998 Annual Report was submitted by the Illinois State Board of
Education.
Biennial Report for Fiscal Years 1997 and 1998 was submitted by
the Illinois Department of Professional Regulation.
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 0216. Introduced by Representatives Bost - John
Jones, a bill for AN ACT to amend the Wildlife Code by changing
Section 3.1-2.
HOUSE BILL 0217. Introduced by Representative Stephens, a bill
for AN ACT to amend the Wildlife Code by changing Section 1.1.
HOUSE BILL 0218. Introduced by Representative Reitz, a bill for
AN ACT to amend the Wildlife Code by changing Sections 2.25, 2.26,
and 2.33.
HOUSE BILL 0219. Introduced by Representative Reitz, a bill for
AN ACT to amend the Wildlife Code by amending Section 2.24.
HOUSE BILL 0220. Introduced by Representatives Woolard - Steve
Davis, a bill for AN ACT to amend the Wildlife Code by changing
section 2.11.
HOUSE BILL 0221. Introduced by Representative Klingler, a bill
for AN ACT to amend the Illinois Pension Code by changing Sections
14-119 and 14-121.
HOUSE BILL 0222. Introduced by Representative Skinner, a bill
for AN ACT to amend the Unified Code of Corrections by adding Section
3-6-2.1.
HOUSE BILL 0223. Introduced by Representative Dart, a bill for
AN ACT in relation to firearms, amending a named Act.
HOUSE BILL 0224. Introduced by Representative Dart, a bill for
AN ACT in relation to firearms, amending a named Act.
HOUSE BILL 0225. Introduced by Representative Dart, a bill for
AN ACT in relation to firearms.
HOUSE BILL 0226. Introduced by Representative Dart, a bill for
AN ACT in relation to firearms, amending named Acts.
HOUSE BILL 0227. Introduced by Representative Delgado, a bill
for AN ACT to amend the Criminal Code of 1961 by changing Sections
16-1 and 24-1.1 and adding Sections 2-7.1, 2-7.2, 2-23, 16-16, and
76 JOURNAL OF THE [January 26, 1999]
16-16.1.
HOUSE BILL 0228. Introduced by Representative Dart, a bill for
AN ACT to amend the Criminal Code of 1961 by changing Section 24-3.
HOUSE BILL 0229. Introduced by Representative Bost, a bill for
AN ACT to amend the Illinois Income Tax Act by adding Section 211.
HOUSE BILL 0230. Introduced by Representatives Bassi - Hoeft, a
bill for AN ACT to amend the School Code by changing Section 27A-7.
HOUSE BILL 0231. Introduced by Representative Lopez, a bill for
AN ACT to amend the Home Repair Fraud Act by changing Section 3.
HOUSE BILL 0232. Introduced by Representative Dart, a bill for
AN ACT to amend certain Acts in relation to liens.
HOUSE BILL 0233. Introduced by Representative Dart, a bill for
AN ACT concerning the regulation of electricians.
HOUSE BILL 0234. Introduced by Representatives Boland - McKeon,
a bill for AN ACT concerning distribution of tobacco litigation
settlements.
HOUSE BILL 0235. Introduced by Representative Leitch, a bill for
AN ACT to amend the Illinois Vehicle Code by changing Section
1-111.1a.
HOUSE BILL 0236. Introduced by Representative Durkin, a bill for
AN ACT to revise the Civil Administrative Code of Illinois.
HOUSE BILL 0237. Introduced by Representative Hoffman, a bill
for AN ACT to amend the Illinois Vehicle Code by changing Section
18c-7402.
HOUSE BILL 0238. Introduced by Representative Brady, a bill for
AN ACT to amend the Code of Criminal Procedure of 1963 by changing
Section 110-7.
HOUSE BILL 0239. Introduced by Representative Brady, a bill for
AN ACT to amend the School Code by changing Section 10-22.40.
HOUSE BILL 0240. Introduced by Representative Black, a bill for
AN ACT to amend the Illinois Public Aid Code by changing Section
12-4.11.
HOUSE BILL 0241. Introduced by Representative Hoffman, a bill
for AN ACT to amend the Illinois Income Tax Act by adding Section
211.
HOUSE BILL 0242. Introduced by Representative John Jones, a bill
for AN ACT to amend the Wildlife Code by changing Section 2.25.
HOUSE BILL 0243. Introduced by Representative Lopez, a bill for
AN ACT concerning the eligibility of appointed prosecutors for
elective office.
HOUSE BILL 0244. Introduced by Representative Reitz, a bill for
AN ACT concerning coal.
HOUSE BILL 0245. Introduced by Representative Saviano, a bill
for AN ACT to amend the Professional Boxing and Wrestling Act by
changing Section 10.
HOUSE BILL 0246. Introduced by Representative Novak, a bill for
AN ACT concerning driver's licenses, amending named Acts.
HOUSE BILL 0247. Introduced by Representative Novak, a bill for
AN ACT to amend the Citizens Utility Board Act by changing Section
14.
HOUSE BILL 0248. Introduced by Representative Novak, a bill for
AN ACT to amend the Criminal Code of 1961 by changing Section 24-1.2.
HOUSE BILL 0249. Introduced by Representative Novak, a bill for
AN ACT to amend the Criminal Code of 1961 by adding Section 11-23.
HOUSE BILL 0250. Introduced by Representative Novak, a bill for
AN ACT to amend the Citizens Utility Board Act by changing Section
7.2.
HOUSE BILL 0251. Introduced by Representative Poe, a bill for AN
ACT to amend the Criminal Code of 1961 by changing Sections 36-1 and
47-15.
HOUSE BILL 0252. Introduced by Representatives O'Connor - Bost,
HOUSE OF REPRESENTATIVES 77
a bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 24.5-5 and 24.5-10.
HOUSE BILL 0253. Introduced by Representative Currie, a bill for
AN ACT to amend the Illinois Public Aid Code by changing Section
5-16.3.
HOUSE BILL 0254. Introduced by Representative Brunsvold, a bill
for AN ACT to amend the Wildlife Code by changing Section 3.36.
HOUSE BILL 0255. Introduced by Representative Flowers, a bill
for AN ACT to amend the Medical Practice Act of 1987 by adding
Section 23.1.
HOUSE BILL 0256. Introduced by Representatives Flowers - Art
Turner - Currie, a bill for AN ACT to amend the Juvenile Court Act of
1987 by changing Section 2-29.
HOUSE BILL 0257. Introduced by Representative Giglio, a bill for
AN ACT to amend the Election Code by changing Sections 7-43 and 7-44.
HOUSE BILL 0258. Introduced by Representative Giglio, a bill for
AN ACT to amend the School Code by adding Section 27-22.4.
HOUSE BILL 0259. Introduced by Representative Giglio, a bill for
AN ACT to amend the School Code by changing Section 27-22 and
repealing Section 27-22.3.
HOUSE BILL 0260. Introduced by Representative Giglio, a bill for
AN ACT to amend the Toll Highway Act by changing Section 19.
HOUSE BILL 0261. Introduced by Representative Giglio, a bill for
AN ACT concerning point of sale inspections, amending named Acts.
HOUSE BILL 0262. Introduced by Representative Giglio, a bill for
AN ACT to amend the Illinois Vehicle Code by changing Section
11-1414.
HOUSE BILL 0263. Introduced by Representative Giglio, a bill for
AN ACT to amend the Property Tax Code by adding Section 9-148.
HOUSE BILL 0264. Introduced by Representative Giglio, a bill for
AN ACT concerning plumbers.
HOUSE BILL 0265. Introduced by Representative Giglio, a bill for
AN ACT concerning senior citizens.
HOUSE JOINT RESOLUTIONS
CONSTITUTIONAL AMENDMENTS
FIRST READING
Representatives Mitchell-Kosel-McAuliffe-Righter, O'Connor, Bost,
John Jones, Sommer, Zickus and Eileen Lyons introduced the following:
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 1
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that there shall be submitted to the electors of the State
for adoption or rejection at the general election next occurring at
least 6 months after the adoption of this resolution a proposition to
add Section 8.1 to Article IV of the Illinois Constitution as
follows:
ARTICLE IV
THE LEGISLATURE
(ILCON Art. IV, Sec. 8.1 new)
SECTION 8.1. PASSAGE OF REVENUE BILLS
A bill that would result in the increase of revenue to the State
by an increase of a tax on or measured by income or by an increase of
a tax on or measured by the selling price of any item of tangible
personal property may become law only with the concurrence of
three-fifths of the members elected to each house of the General
Assembly.
SCHEDULE
78 JOURNAL OF THE [January 26, 1999]
This Constitutional Amendment takes effect upon approval by the
electors of this State.
The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 1
was taken up, read in full a first time, ordered printed and placed
in the Committee on Rules.
Representative Granberg introduced the following:
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 2
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that there shall be submitted to the electors of the State
for adoption or rejection at the general election next occurring at
least 6 months after the adoption of this resolution a proposition to
amend Article XIII of the Illinois Constitution by adding Section 9
as follows:
ARTICLE XIII
GENERAL PROVISIONS
(ILCON Art. XIII, Sec. 9 new)
SECTION 9. MOTOR FUEL TAX REVENUE
(a) Revenue from excise taxes imposed on motor fuel must be used
exclusively for the construction and maintenance of State highways,
for the payment of principal and interest on bonds issued for the
construction and maintenance of State highways, for the acquisition
of real property and rights-of-way for State highways, and for public
transportation.
(b) The tax revenues designated for the purposes in subsection
(a) may be loaned to another fund to be used for a different purpose
according to the following requirements:
(1) That any amount loaned is to be repaid in full to the
fund from which it was borrowed during the same fiscal year in
which the loan was made, except that repayment may be delayed
until a date not more than 30 days after the date of enactment of
the State budget for the subsequent fiscal year.
(2) That any amount loaned is to be repaid in full to the
fund from which it was borrowed within 3 fiscal years from the
date on which the loan was made if the Governor has proclaimed a
state of emergency and declares that the emergency will result in
a significant negative fiscal impact to the State.
(c) Nothing in this Section prohibits the General Assembly from
authorizing by law loans to units of local government from funds that
are subject to this Section for the purposes authorized under this
Section.
SCHEDULE
This Constitutional Amendment takes effect July 1, 2002.
The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 2
was taken up, read in full a first time, ordered printed and placed
in the Committee on Rules.
Representative Lang introduced the following:
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 3
WHEREAS, The Ninety-second Congress of the United States of
America, at its Second Session, in both houses, by a constitutional
majority of two-thirds, adopted the following proposition to amend
HOUSE OF REPRESENTATIVES 79
the Constitution of the United States of America:
"JOINT RESOLUTION
RESOLVED BY THE HOUSE OF REPRESENTATIVES AND SENATE OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED (TWO-THIRDS OF EACH HOUSE
CONCURRING THEREIN), That the following article is proposed as an
amendment to the Constitution of the United States, which shall be
valid to all intents and purposes as a part of the Constitution when
ratified by the legislatures of three-fourths of the several States
within seven years from the date of its submission by the Congress:
"ARTICLE ______
Section 1. Equality of rights under law shall not be denied or
abridged by the United States or any State on account of sex.
Section 2. The Congress shall have the power to enforce by
appropriate legislation the provisions of this article.
Section 3. This Amendment shall take effect two years after the
date of ratification.""; and
WHEREAS, A Joint Resolution is a resolution adopted by both
houses of the General Assembly and does not require the signature of
the Governor; a Joint Resolution is sufficient for Illinois'
ratification of an amendment to the United States Constitution; and
WHEREAS, The United States Congress has recently adopted the 27th
Amendment to the Constitution of the United States, the so-called
Madison Amendment, relating to Compensation of Members of Congress;
this amendment was proposed 203 years earlier by our First Congress
and only recently ratified by three-fourths of the States; the United
States Archivist certified the 27th Amendment on May 18, 1992; and
WHEREAS, The founders of our nation, James Madison included, did
not favor further restrictions to Article V of the Constitution of
the United States, the amending procedure; the United States
Constitution is harder to amend than any other constitution in
history; and
WHEREAS, The restricting time limit for the Equal Rights
Amendment ratification is in the resolving clause and is not a part
of the amendment proposed by Congress and already ratified by 35
states; and
WHEREAS, Having passed a time extension for the Equal Rights
Amendment on October 20, 1978, Congress has demonstrated that a time
limit in a resolving clause can be disregarded if it is not a part of
the proposed amendment; and
WHEREAS, The United States Supreme Court in Coleman v. Miller,
307 U.S. 433, at 456 (1939), recognized that Congress is in a unique
position to judge the tenor of the nation, to be aware of the
political, social, and economic factors affecting the nation, and to
be aware of the importance to the nation of the proposed amendment;
and
WHEREAS, If an amendment to the Constitution of the United States
has been proposed by two-thirds of both houses of Congress and
ratified by three-fourths of the state legislatures, it is for
Congress under the principles of Coleman v. Miller to determine the
validity of the state ratifications occurring after a time limit in
the resolving clause, but not in the amendment itself; and
WHEREAS, Constitutional equality for women and men continues to
be timely in the United States and worldwide, and a number of other
nations have achieved constitutional equality for their women and
men; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that the proposed amendment to the Constitution of the United
States of America set forth in this resolution is ratified; and be it
further
RESOLVED, That a certified copy of this resolution be forwarded
80 JOURNAL OF THE [January 26, 1999]
to the Archivist of the United States, the Administrator of General
Services of the United States, the President pro tempore of the
Senate and the Speaker of the House of Representatives of the
Congress of the United States, and each member of the Illinois
congressional delegation.
The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 3
was taken up, read in full a first time, ordered printed and placed
in the Committee on Rules.
Representatives Boland - Eileen Lyons introduced the following:
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 4
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that there shall be submitted to the electors of the State
for adoption or rejection at the general election next occurring at
least 6 months after the adoption of this resolution a proposition to
amend Sections 2 and 5 of Article IV of the Illinois Constitution as
follows:
ARTICLE IV
THE LEGISLATURE
(ILCON Art. IV, Sec. 2)
SECTION 2. LEGISLATIVE COMPOSITION
(a) One Senator shall be elected from each Legislative District.
During each ten-year period, beginning with the general election in
2002, Senators shall first be elected for terms of six years, and
then for terms of four years. Immediately following each decennial
redistricting, the General Assembly by law shall divide the
Legislative Districts as equally as possible into three groups.
Senators from one group shall be elected for terms of four years,
four years and two years; Senators from the second group, for terms
of four years, two years and four years; and Senators from the third
group, for terms of two years, four years and four years. The
Legislative Districts in each group shall be distributed
substantially equally over the State.
(b) Each Legislative District shall be divided into two
Representative Districts. In 1982 and every two years thereafter One
Representative shall be elected from each Representative District for
a term of two years. During each ten-year period, beginning with the
general election in 2002, Representatives shall first be elected for
terms of four years, then for terms of two years, and then for terms
of four years.
(c) To be eligible to serve as a member of the General Assembly,
a person must be a United States citizen, at least 21 years old, and
for the two years preceding his election or appointment a resident of
the district which he is to represent. In the general election
following a redistricting, a candidate for the General Assembly may
be elected from any district which contains a part of the district in
which he resided at the time of the redistricting and reelected if a
resident of the new district he represents for 18 months prior to
reelection.
(d) Within thirty days after a vacancy occurs, it shall be
filled by appointment as provided by law. If the vacancy is in a
Senatorial or Representative office with more than twenty-eight
months remaining in the term, the appointed Senator or Representative
shall serve until the next general election, at which time a Senator
or Representative shall be elected to serve for the remainder of the
term. If the vacancy is in any other Senatorial or a Representative
HOUSE OF REPRESENTATIVES 81
office or in any other Senatorial office, the appointment shall be
for the remainder of the term. An appointee to fill a vacancy shall
be a member of the same political party as the person he succeeds.
(e) No member of the General Assembly shall receive compensation
as a public officer or employee from any other governmental entity
for time during which he is in attendance as a member of the General
Assembly.
No member of the General Assembly during the term for which he
was elected or appointed shall be appointed to a public office which
shall have been created or the compensation for which shall have been
increased by the General Assembly during that term.
(Source: Amendment adopted at general election November 4, 1980.)
(ILCON Art. IV, Sec. 5)
SECTION 5. SESSIONS
(a) The General Assembly shall convene each year on the second
Wednesday of January. The General Assembly shall be a continuous
body for a period beginning and ending at noon on the second
Wednesday of January of consecutive odd-numbered years. during the
term for which members of the House of Representatives are elected.
(b) The Governor may convene the General Assembly or the Senate
alone in special session by a proclamation stating the purpose of the
session; and only business encompassed by such purpose, together with
any impeachments or confirmation of appointments shall be transacted.
Special sessions of the General Assembly may also be convened by
joint proclamation of the presiding officers of both houses, issued
as provided by law.
(c) Sessions of each house of the General Assembly and meetings
of committees, joint committees and legislative commissions shall be
open to the public. Sessions and committee meetings of a house may be
closed to the public if two-thirds of the members elected to that
house determine that the public interest so requires; and meetings of
joint committees and legislative commissions may be so closed if
two-thirds of the members elected to each house so determine.
(Source: Illinois Constitution.)
SCHEDULE
This Constitutional Amendment takes effect on January 1, 2001 and
applies to the election of members of the General Assembly in 2002
and thereafter. It does not affect the terms of members elected in
1998 or 2000.
The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 4
was taken up, read in full a first time, ordered printed and placed
in the Committee on Rules.
RESOLUTION
The following resolutions were offered and placed in the
Committee on Rules.
HOUSE RESOLUTION 23
Offered by Representative Currie:
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the following are
adopted as the Rules of the House of Representatives of the
Ninety-first General Assembly:
ARTICLE I
ORGANIZATION
(House Rule 1)
1. Election of the Speaker.
82 JOURNAL OF THE [January 26, 1999]
(a) At the first meeting of the House of each General Assembly,
the Secretary of State shall convene the House at 12:00 noon,
designate a Temporary Clerk of the House, and preside during the
nomination and election of the Speaker. As the first item of
business each day before the election of the Speaker, the Secretary
of State shall order the Temporary Clerk to call the roll of the
members to establish the presence of a quorum as required by the
Constitution. If a majority of those elected are not present, the
House shall stand adjourned until the next calendar day, excepting
weekends, at the hour prescribed in Rule 29. If a quorum of members
elected is present, the Secretary of State shall then call for
nominations of members for the Office of Speaker. All nominations
require a second. When the nominations are completed, the Secretary
of State shall direct the Temporary Clerk to call the roll of the
members to elect the Speaker.
(b) The election of the Speaker requires the affirmative vote of
a majority of those elected. Debate is not in order following
nominations and preceding or during the vote.
(c) No legislative measure may be considered and no committees
may be appointed or meet before the election of the Speaker.
(d) When a vacancy in the Office of Speaker occurs, the
foregoing procedure shall be employed to elect a new Speaker; when
the Secretary of State is of a political party other than that of the
majority caucus, however, the Majority Leader shall preside during
the nomination and election of the successor Speaker. No legislative
measures, other than for the nomination and election of a successor
Speaker, may be considered by the House during a vacancy in the
Office of Speaker.
(House Rule 2)
2. Election of the Minority Leader.
(a) The House shall elect a Minority Leader in a manner
consistent with the laws of Illinois. The Minority Leader is the
leader of the numerically strongest political party other than the
party to which the Speaker belongs.
(b) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 3)
3. Majority and Minority Leadership.
(a) The Speaker and the Minority Leader shall appoint from
within their respective caucuses the members of the Majority and
Minority Leaderships as allowed by law.
(b) Appointments are effective upon being filed with the Clerk
and remain effective at the pleasure of the Speaker and Minority
Leader, respectively, or until a vacancy occurs by reason of
resignation or because a leader has ceased to be a Representative.
Successor leaders shall be appointed in the same manner as their
predecessors. Leaders have those powers delegated to them by the
Speaker or Minority Leader, as the case may be.
(House Rule 4)
4. The Speaker.
(a) The Speaker has those powers conferred upon him or her by
the Constitution, the laws of Illinois, and any motions or
resolutions adopted by the House or jointly by the House and Senate.
(b) Except as otherwise provided by law, the Speaker is the
chief administrative officer of the House and has those powers
necessary to carry out those functions. The Speaker may delegate
administrative duties as he or she deems appropriate.
(c) The duties of the Speaker include the following:
(1) To preside at all sessions of the House, although the
Speaker may call on any member to preside temporarily as
Presiding Officer.
HOUSE OF REPRESENTATIVES 83
(2) To open the session at the time at which the House is
to meet by taking the chair and calling the members to order.
The Speaker may call on any member to open the session as
Presiding Officer.
(3) To announce the business before the House in the order
upon which it is to be acted. The Presiding Officer shall perform
this duty during the period that he or she is presiding.
(4) To recognize those members entitled to the floor.
(5) To state and put to a vote all questions that are
regularly moved or that necessarily arise in the course of the
proceedings, and to announce the result of the vote.
(6) To preserve order and decorum.
(7) To decide all points of order, subject to appeal, and
to speak on these points in preference to other members.
(8) To inform the House when necessary, or when any
question is raised, on any point of order or practice pertinent
to the pending business.
(9) To sign or authenticate all acts, proceedings, or
orders of the House. All writs, warrants, and subpoenae issued
by order of the House, or any of its committees, shall be signed
by the Speaker and attested by the Clerk.
(10) To sign all bills passed by both chambers of the
General Assembly to certify that the procedural requirements for
passage have been met.
(11) To have general supervision, including the duty to
protect the security and safety, of the House Chamber, galleries,
and adjoining and connecting hallways and passages, including the
power to clear them when necessary. The House Chamber shall not
be used without permission of the Speaker.
(12) To have general supervision of the Clerk and his or
her assistants, the Doorkeeper and his or her assistants, the
majority caucus staff, the parliamentarians, and all employees of
the House except the minority caucus staff.
(13) To determine the number of majority caucus members and
minority caucus members to be appointed to all committees, except
the Rules Committee created by Rule 15, the Committee on
Conflicts of Interest created by Rule 71, and those committees
that may be created under Article XII of these Rules.
(14) To appoint all Chairpersons, Co-Chairpersons, and
Vice-Chairpersons of committees (from either the majority or
minority caucus), and to appoint all majority caucus members of
committees.
(15) To enforce all constitutional provisions, statutes,
rules, and regulations applicable to the House.
(16) To guide and direct the proceedings of the House
subject to the control and will of the members.
(17) To direct the Clerk to correct non-substantive errors
in the Journal.
(18) To assign meeting places and meeting times to
committees and subcommittees.
(19) To perform any other duties assigned to the Speaker by
these House Rules or jointly by the House and Senate.
(20) To decide, subject to the control and will of the
members, all questions relating to the priority of business.
(21) To issue, in cooperation with the Comptroller and
after clearance with the United States Internal Revenue Service,
written regulations covering administration of contingent expense
allowances of members of the House.
(22) To appoint one or more parliamentarians to serve at
the pleasure of the Speaker.
(d) This Rule may be suspended only by the affirmative vote of
84 JOURNAL OF THE [January 26, 1999]
71 members elected.
(House Rule 5)
5. Powers and Duties of the Minority Leader.
(a) The Minority Leader has those powers conferred upon him or
her by the Constitution, the laws of Illinois, and any motions or
resolutions adopted by the House or jointly by the House and Senate.
(b) The Minority Leader shall appoint to all committees the
members from the minority caucus and shall designate a Minority
Spokesperson for each committee, except that the Speaker may appoint
a minority caucus member to be Chairperson of a standing committee or
Chairperson or Co-Chairperson of a special committee.
(c) The Minority Leader has general supervision of the minority
caucus staff.
(House Rule 6)
6. Clerk of the House.
(a) The House shall elect a Clerk, who may adopt appropriate
policies or procedures for the conduct of his or her office. The
Speaker is the final arbiter of any dispute arising in connection
with the operation of the Office of the Clerk.
(b) The duties of the Clerk include the following:
(1) To have custody of all bills, papers, and records of
the House, which shall not be taken out of the Clerk's custody
except in the regular course of business in the House.
(2) To endorse on every original bill and each copy its
number, the names of sponsors, the date of introduction, and the
several orders taken on it. When reproduced, the names of the
sponsors shall appear on the front page of the bill in the same
order they appeared when introduced.
(3) To cause each bill to be reproduced and placed on the
desks of the members as soon as it is reproduced, as provided in
Rule 39.
(4) To keep the Journal of the proceedings of the House
and, under the direction of the Speaker, correct errors in the
Journal.
(5) To keep the transcripts of the debates of the House and
make them available to the public under reasonable conditions.
(6) To keep the necessary records for the House and its
committees and to prepare the House Calendar for each legislative
day.
(7) To examine all House Bills and Constitutional Amendment
Resolutions following Second Reading and before final passage for
the purpose of correcting any non-substantive errors, and to
report the same back to the Speaker promptly; to supervise the
enrolling and engrossing of bills and resolutions, subject to the
direction of the Speaker; and to attest to the passage or
adoption of legislative measures, and to note thereon the date of
final House action. Any corrections made by the Clerk and
approved by the Speaker shall be entered on the Journal.
(8) To transmit bills, other documents, and messages to the
Senate and secure a receipt therefor, and to receive from the
Senate bills, other documents, and messages and give receipt
therefor.
(9) To file with the Secretary of State debate transcripts
and House documents as required by law.
(10) To attend every session of the House; record the roll;
and read all bills, resolutions, and other papers as directed by
the Speaker. Bills shall be read by title only.
(11) To supervise the Assistant Clerk, the Doorkeeper,
pages, messengers, committee clerks, and other employees of his
or her office.
(12) To establish the format for all documents, forms, and
HOUSE OF REPRESENTATIVES 85
committee records and tapes prepared by committee clerks.
(13) Subject to approval by the Speaker, to establish
standards of decorum and other standards regarding written
statements filed under Rule 53.
(14) To perform other duties assigned by the Speaker.
(House Rule 7)
7. Assistant Clerk of the House. The House shall, in a manner
consistent with the laws of Illinois, elect an Assistant Clerk, who
shall perform those duties assigned by the Clerk.
(House Rule 8)
8. Doorkeeper. The House shall elect a Doorkeeper who shall
perform those duties assigned by law, or as ordered by the Speaker,
Presiding Officer, or Clerk. Those duties shall include the
following:
(1) To attend the House during its sessions and execute the
commands of the Speaker or Presiding Officer.
(2) To maintain order among spectators admitted into the
House Chamber, galleries, and adjoining or connecting hallways
and passages.
(3) To take proper measures to prevent interruption of the
House.
(4) To remove unruly persons from the House Chamber,
galleries, and adjoining and connecting hallways and passages.
(5) To ensure that only authorized persons have access to
the House Chamber, galleries, and adjoining hallways and
passages, subject to the direction of the Speaker.
(6) To supervise any Assistant Doorkeepers.
(7) To perform other duties assigned by the Speaker.
(House Rule 9)
9. Schedule.
(a) The Speaker shall periodically establish a schedule of days
on which the House shall convene in regular, perfunctory, and veto
session, with that schedule subject to revision at the discretion of
the Speaker.
(b) The Speaker may schedule or reschedule deadlines at his or
her discretion for any action on any category of legislative measure
as the Speaker deems appropriate, including deadlines for the
following legislative actions:
(1) Final day to request bills from the Legislative
Reference Bureau.
(2) Final day for introduction of bills.
(3) Final day for standing committees of the House to
report House bills, except House appropriation bills.
(4) Final day for standing committees of the House to
report House appropriation bills.
(5) Final day for Third Reading and passage of House bills,
except House appropriation bills.
(6) Final day for Third Reading and passage of House
appropriation bills.
(7) Final day for standing committees of the House to
report Senate appropriation bills.
(8) Final day for standing committees of the House to
report Senate bills, except appropriation bills.
(9) Final day for special committees to report to the
House.
(10) Final day for Third Reading and passage of Senate
appropriation bills.
(11) Final day for Third Reading and passage of Senate
bills, except appropriation bills.
(12) Final day for consideration of joint action motions
and conference committee reports.
86 JOURNAL OF THE [January 26, 1999]
(c) The Speaker may schedule or reschedule any necessary
deadlines for legislative action during any special session of the
House. The Speaker may establish a Weekly Order of Business or a
Daily Order of Business setting forth the date and approximate time
at which specific legislative measures may be considered by the
House. The Weekly Order of Business or Daily Order of Business is
effective upon being filed by the Speaker with the Clerk and takes
the place of the standing order of business for the amount of time
necessary for its completion. Nothing in this Rule, however, limits
the Speaker's or Presiding Officer's powers under Rule 4(c)(3) or
Rule 43(a).
(d) The foregoing deadlines, or any revisions to those
deadlines, are effective upon being filed by the Speaker with the
Clerk. The Clerk shall journalize those deadlines.
(e) This Rule may be suspended only by the affirmative vote of
71 members elected.
ARTICLE II
COMMITTEES
(House Rule 10)
10. Committees.
(a) The committees of the House are: (i) the standing
committees listed in Rule 11; (ii) the special committees created
under Rule 13; (iii) subcommittees created by standing committees or
by special committees; (iv) the Rules Committee created under Rule
15; (v) the Committee on Conflicts of Interest created under Rule 71;
(vi) the Election Contest or Qualifications Challenge Committees, if
any, created under Article X; and (vii) any committees created under
Article XII. Subcommittees may not create subcommittees.
(b) Except as otherwise provided in this Rule, all committees,
except special committees created under Rule 13, shall have a
Chairperson and Minority Spokesperson, who may be of the same
political party. Special committees created under Rule 13 that have
Co-Chairpersons from different political parties shall not have a
Minority Spokesperson. Each committee may have a Vice-Chairperson
appointed by the Speaker. Committees of the Whole shall consist of
all Representatives. The number of majority caucus members and
minority caucus members of all committees, except the Rules Committee
created under Rule 15, the Committee on Conflicts of Interest created
under Rule 71, and any committees that may be created under Article
XII, shall be determined by the Speaker. The Speaker shall file a
notice with the Clerk setting forth the number of majority caucus and
minority caucus members of each committee, which shall be
journalized. A member may be temporarily replaced on a committee due
to illness or if the member is otherwise unavailable. All leaders
are non-voting ex-officio members of each standing committee and each
special committee, except that the leaders may also be appointed to
standing committees or special committees as voting members. The
Speaker may also appoint any member of the majority caucus, and the
Minority Leader may appoint any member of the minority caucus, as a
non-voting ex-officio member of any standing committee or special
committee.
(c) The Chairperson of a committee has the authority to call the
committee to order, designate the order in which bills and
resolutions posted for hearing shall be taken up, order a record vote
to be taken on each legislative measure called for a vote, preserve
order and decorum during committee meetings, establish procedural
rules (subject to approval by the Speaker) governing the presentation
and consideration of legislative measures, and generally supervise
the affairs of the committee. The Vice-Chairperson of a committee or
other member of the committee from the majority caucus may preside
over its meetings in the absence or at the direction of the
HOUSE OF REPRESENTATIVES 87
Chairperson. In the case of special committees with Co-Chairpersons
from different political parties, the "Chairperson" for purposes of
this Rule is the Co-Chairperson from the majority caucus.
(d) A vacancy on a committee, or in the position of Chairperson,
Co-Chairperson, Vice-Chairperson, or Minority Spokesperson on a
committee, exists when a member resigns from the position or ceases
to be a Representative. Resignations shall be made in writing to the
Clerk, who shall promptly notify the Speaker and Minority Leader.
Absent concurrence by a majority of those elected, except as
otherwise provided in Rule 15 and except in connection with temporary
replacements under Rule 10(b), no member who resigns from a committee
shall be re-appointed to that committee for the remainder of the
term. Replacement members shall be of the same political party as
that of the member who resigns, and shall be appointed in the same
manner as the original appointment, except that in the case of the
resignation of a Chairperson or Co-Chairperson, the replacement
member need not be from the same political party. In the case of
vacancies on subcommittees that were created by committees, the
parent committee shall fill the vacancy in the same manner as the
original appointment.
(e) The Chairperson of a committee has the authority to call
meetings of that committee, subject to the approval of the Speaker.
In the case of special committees with Co-Chairpersons from different
political parties, the Co-Chairperson from the majority caucus has
the authority to call meetings of the special committee, subject to
the approval of the Speaker. Except as otherwise provided by these
Rules, committee meetings shall be convened in accordance with Rule
21.
(f) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 11)
11. Standing Committees. The Standing Committees of the House
are as follows:
AGING
AGRICULTURE & CONSERVATION
APPROPRIATIONS-ELEMENTARY & SECONDARY EDUCATION
APPROPRIATIONS-GENERAL SERVICES & GOVERNMENT OVERSIGHT
APPROPRIATIONS-HIGHER EDUCATION
APPROPRIATIONS-HUMAN SERVICES
APPROPRIATIONS-PUBLIC SAFETY
CHILD SUPPORT ENFORCEMENT
CHILDREN & YOUTH
COMPUTER TECHNOLOGY
CONSTITUTIONAL OFFICERS
CONSUMER PROTECTION & PRODUCT REGULATION
ELECTIONS & CAMPAIGN REFORM
ELEMENTARY & SECONDARY EDUCATION
ENVIRONMENT & ENERGY
EXECUTIVE
FINANCIAL INSTITUTIONS
HEALTH CARE AVAILABILITY & ACCESS
HIGHER EDUCATION
HUMAN SERVICES
INSURANCE
JUDICIARY I-CIVIL LAW
JUDICIARY II-CRIMINAL LAW
LABOR & COMMERCE
LOCAL GOVERNMENT
PERSONNEL & PENSIONS
PUBLIC UTILITIES
REGISTRATION & REGULATION
88 JOURNAL OF THE [January 26, 1999]
REVENUE
STATE GOVERNMENT ADMINISTRATION
TOURISM
TRANSPORTATION & MOTOR VEHICLES
URBAN REVITALIZATION
VETERANS' AFFAIRS
(House Rule 12)
12. Members and Officers of Standing Committees. The members of
each standing committee shall be appointed for the term by the
Speaker and the Minority Leader. The Speaker shall appoint the
Chairperson (from either the majority or minority caucus) and the
remaining standing committee members of the majority caucus (one of
whom the Speaker may designate as Vice-Chairperson), and the Minority
Leader shall appoint the remaining standing committee members of the
minority caucus (one of whom the Minority Leader may designate as
Minority Spokesperson). Appointments are effective upon the delivery
of appropriate correspondence from the respective leader to the
Clerk, regardless of whether the House is in session, and shall
remain effective for the duration of the term, subject to Rule 10(d).
The Clerk shall journalize the appointments. Committees may conduct
business when a majority of the total number of committee members has
been appointed.
(House Rule 13)
13. Special Committees.
(a) The following Special Committees are created:
ELECTRIC UTILITY DEREGULATION
JUDICIAL REAPPORTIONMENT
MENTAL HEALTH & PATIENT ABUSE
PRISON MANAGEMENT REFORM
PROSECUTORIAL MISCONDUCT
STATE PROCUREMENT
TOBACCO SETTLEMENT PROCEEDS DISTRIBUTION
The Speaker may create additional special committees by filing a
notice of the creation of the special committee with the Clerk. The
notice creating an additional special committee shall specify the
subject matter of the special committee and the number of members to
be appointed.
(b) The Speaker shall determine the number of majority and
minority caucus members to be appointed to special committees in
accordance with Rule 10(b). The Speaker, at his or her discretion,
shall appoint a Chairperson or Co-Chairpersons. The Speaker may
appoint any member as a Chairperson or Co-Chairperson of a special
committee. If the Chairperson or Co-Chairperson is a member of the
majority or minority leadership or the Chairperson or Minority
Spokesperson of a standing committee, the member shall receive no
additional stipend or compensation for serving as Chairperson or
Co-Chairperson of the special committee. For purposes of Section 1 of
the General Assembly Compensation Act (25 ILCS 115/1), (i) a special
committee under these rules is considered a "select committee" and
(ii) one Co-Chairperson of a special committee shall be considered
"Chairman" and the other shall be considered "Minority Spokesman".
The appointed members of special committees shall be designated by
the Speaker and the Minority Leader in a like manner as provided in
Rule 12 with respect to standing committees, except that if the
special committee has Co-Chairpersons from different political
parties, the special committee shall not have a Minority
Spokesperson. In that case, the Minority Leader shall appoint the
minority caucus members to the special committee, except the
Co-Chairperson from the minority caucus who shall be appointed by the
Speaker. The Speaker may establish a reporting date during the term
for each special committee by filing a notice of the reporting date
HOUSE OF REPRESENTATIVES 89
with the Clerk. Unless an earlier date is specified by the notice,
special committees expire at the end of the term.
(c) Special committees are empowered to conduct business when a
majority of the total number of committee members has been appointed.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 14)
14. Subcommittees.
(a) The following subcommittees are created:
(1) Subcommittee on Smart Growth as a subcommittee of the
Urban Revitalization Committee.
(2) Subcommittee on Reform of the Department of Children
and Family Services as a subcommittee of the Children & Youth
Committee.
(3) Subcommittee on Abandoned Oil Wells as a subcommittee
of the Environment & Energy Committee.
(4) Subcommittee on Chapter 1 Spending as a subcommittee of
the Appropriations-Elementary & Secondary Education Committee.
Members of a subcommittee created under this subsection (a) must be
members of the parent committee. The number of members, the number
from each caucus, the manner of appointment, and the reporting date,
if any, shall be determined by the Committee Chairperson by filing a
written statement with the committee clerk. Subcommittees created
under this subsection (a) expire at the end of the term.
(b) In addition, the Chairperson of a standing committee or a
special committee may create a subcommittee by filing a notice with
the committee clerk. The number of majority caucus and minority
caucus members to be appointed to a subcommittee shall be determined
by the Committee Chairperson, and filed with the committee clerk. In
the case of special committees with Co-Chairpersons from different
political parties, the creation of subcommittees and the number of
majority caucus and minority caucus members to be appointed to the
subcommittee shall be determined by the Co-Chairperson from the
majority caucus. Members of subcommittees must be members of the
parent committee, and shall be appointed in the manner determined by
the committee Chairperson, or in the case of special committees with
Co-Chairpersons from different political parties, by the
Co-Chairperson from the majority caucus.
The notice creating a subcommittee shall specify the subject
matter of the subcommittee and the number of members to be appointed,
and may specify a reporting date during the term. Unless an earlier
date is specified by the notice, subcommittees expire at the end of
the term.
(c) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 15)
15. Rules Committee.
(a) The Rules Committee is created as a permanent committee. The
Rules Committee shall consist of 5 members, 3 appointed by the
Speaker and 2 appointed by the Minority Leader. The Speaker and the
Minority Leader are each eligible to be appointed to the Rules
Committee. The Rules Committee may conduct business when a majority
of the total number of its members has been appointed.
(b) The majority caucus members of the Rules Committee shall
serve at the pleasure of the Speaker, and the minority caucus members
shall serve at the pleasure of the Minority Leader. Appointments
shall be by notice filed with the Clerk, and shall be effective for
the balance of the term or until a replacement appointment is made,
whichever first occurs. Appointments take effect upon filing with the
Clerk, regardless of whether the House is in session.
Notwithstanding any other provision of these Rules, any
90 JOURNAL OF THE [January 26, 1999]
Representative who is replaced on the Rules Committee may be
re-appointed to the Rules Committee without concurrence of the House.
(c) Notwithstanding any other provision of these Rules, the
Rules Committee may meet upon reasonable public notice that includes
a statement of the subjects to be considered. All legislative
measures pending before the Rules Committee are eligible for
consideration at any of its meetings, and all of those legislative
measures are deemed posted for hearing by the Rules Committee for all
of its meetings.
(d) Upon concurrence of a majority of those appointed, the Rules
Committee may advance any legislative measure pending before it to
the House, without referral to another committee; the Rules
Committee, however, shall not so report any bill that has never been
before a standing committee or a special committee of the House.
(e) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 16)
16. Referrals of Resolutions and Reorganization Orders.
(a) All resolutions, except adjournment resolutions and
resolutions considered under subsection (b) or (c) of this Rule,
after being initially read by the Clerk, are automatically referred
to the Rules Committee, which may thereafter refer any resolution
before it to the House or to a standing committee or special
committee. No resolution, except adjournment resolutions and
resolutions considered under subsection (b) or (c) of this Rule, may
be considered by the House unless referred to the House by the Rules
Committee under Rule 18, or by a standing committee or special
committee. An adjournment resolution is subject to Rule 66.
(b) Any member may file a congratulatory resolution for
consideration by the House. The Principal Sponsor of each
congratulatory resolution shall pay a reasonable fee, determined by
the Clerk with the approval of the Speaker, to offset the actual cost
of producing the congratulatory resolution. The fee may be paid from
the office allowance provided by Section 4 of the General Assembly
Compensation Act, or from any other funds available to the member.
Upon agreement of the Speaker and the Minority Leader, congratulatory
resolutions may be immediately considered and adopted by the House
without referral to the Rules Committee. Those resolutions may be
adopted as a group by a single motion. Congratulatory resolutions
shall be entered on the Journal only by number, sponsorship, and
subject. The provisions of this subsection requiring the Principal
Sponsor to pay a reasonable fee may not be suspended.
(c) Death resolutions in memory of former members of the General
Assembly and former constitutional officers, upon introduction, may
be immediately considered by the House without referral to the Rules
Committee. Those resolutions shall be entered on the Journal in
full.
(d) Executive reorganization orders of the Governor issued under
Article V, Sec. 11 of the Constitution, upon being read into the
record by the Clerk, are automatically referred to the Rules
Committee for its referral to a standing committee or a special
committee, which may issue a recommendation to the House with respect
to the Executive Order. The House may disapprove of an Executive
Order only by resolution adopted by a majority of those elected; no
such resolution is in order until a standing committee or a special
committee has reported to the House on the executive reorganization,
or until the Executive Order has been discharged under Rule 58.
(House Rule 17)
17. Sponsorship by the Rules Committee. The Rules Committee may
consider any legislative measure referred to it under these Rules, by
motion or resolution, or by order of the Presiding Officer upon
HOUSE OF REPRESENTATIVES 91
initial reading. The Rules Committee may, with the concurrence of a
majority of those appointed, sponsor motions or resolutions;
notwithstanding any other provision of these Rules, any motion or
resolution sponsored by the Rules Committee may be immediately
considered by the House without referral to a committee. Any such
motion or resolution shall be assigned standard debate status,
subject to Rule 52.
(House Rule 18)
18. Referrals to Committees.
(a) All House Bills and Senate Bills, after being initially read
by the Clerk, are automatically referred to the Rules Committee.
(b) During odd-numbered years, the Rules Committee shall
thereafter refer any such bill before it to a standing committee or a
special committee within 3 legislative days. During even-numbered
years, the Rules Committee shall refer to a standing committee or a
special committee only appropriation bills implementing the budget
and bills deemed by the Rules Committee, by the affirmative vote of a
majority appointed, to be of an emergency nature or to be of
substantial importance to the operation of government. This
subsection (b) applies equally to House Bills and Senate Bills
introduced into or received by the House.
(c) A standing committee or a special committee may refer a
subject matter or a legislative measure pending in that committee to
a subcommittee of that committee.
(d) All legislative measures favorably reported by a standing
committee or a special committee, or discharged from a standing
committee or a special committee under Rule 58, shall be referred to
the House and placed on the appropriate order of business, which
shall appear on the daily calendar. All legislative measures, except
bills or resolutions on the Consent Calendar, bills or resolutions
assigned short debate status by a standing committee or special
committee, and floor amendments, so referred are automatically
assigned standard debate status, subject to Rule 52.
(e) All floor amendments, joint action motions for final action,
and conference committee reports, upon filing with the Clerk, are
automatically referred to the Rules Committee. The Rules Committee
may refer any floor amendment, joint action motion for final action,
or conference committee report to the House or to a standing
committee or a special committee for its review and consideration (in
those instances, and notwithstanding any other provision of these
Rules, the standing committee or special committee may hold a hearing
on and consider those legislative measures pursuant to a one-hour
advance notice). Any floor amendment, joint action motion for final
action, or conference committee report that is not referred to the
House by the Rules Committee is out of order, except that any floor
amendment, joint action motion for final action, or conference
committee report favorably approved by a standing committee or a
special committee is deemed referred to the House by the Rules
Committee for purposes of this Rule. All joint action motions for
final action and conference committee reports so referred are
automatically assigned standard debate status, subject to Rule 52.
Floor amendments referred to the House under this Rule are
automatically assigned amendment debate status.
(f) The Rules Committee may at any time refer or re-refer a
legislative measure from a committee to a Committee of the Whole or
to any other committee.
(g) Legislative measures may be discharged from the Rules
Committee only by unanimous consent of the House. Any bill
discharged from the Rules Committee shall be placed on the order of
Second Reading and assigned standard debate status, subject to Rule
52.
92 JOURNAL OF THE [January 26, 1999]
(h) Except for those provisions that require unanimous consent,
this Rule may be suspended only by the affirmative vote of 71 members
elected.
(House Rule 19)
19. Re-Referrals to the Rules Committee.
(a) All legislative measures that fail to meet the applicable
deadline established under Rule 9 for reporting to the House by a
standing committee or a special committee, for Third Reading and
passage, or for consideration of joint action motions and conference
committee reports are automatically re-referred to the Rules
Committee unless: (i) the deadline has been suspended or revised by
the Speaker, with re-referral to the Rules Committee to occur if the
bill has not been reported to the House in accordance with a revised
deadline; or (ii) the Rules Committee has issued a written exception
to the Clerk with respect to a particular bill before the reporting
deadline, with re-referral to occur, if at all, in accordance with
the written exception.
(b) All legislative measures pending before the House or any of
its committees are automatically re-referred to the Rules Committee
on the 31st consecutive day that the House has not convened for
session unless: (i) any deadline applicable to the bill or resolution
that has been designated by the Speaker under Rule 9 exceeds 31 days,
with re-referral to occur, if at all, in accordance with that
deadline; (ii) this Rule is suspended under Rule 67; or (iii) the
Rules Committee, by the affirmative vote of a majority appointed,
issues a written exception to the Clerk before that 31st day.
(House Rule 20)
20. Reporting by Committees. Committees shall report to the
House, and subcommittees shall report to their parent committees.
(House Rule 21)
21. Notice.
(a) Except as provided in Rule 18 or unless this Rule is
suspended under Rule 67, no standing committee or special committee
may consider or conduct a hearing with respect to a legislative
measure absent notice first being given as follows:
(1) The Chairperson of the committee, or the Co-Chairperson
from the majority caucus of a special committee, shall, no later
than 6 days before any proposed hearing, post a notice on the
House bulletin board identifying each legislative measure, other
than a committee amendment upon initial consideration under Rule
40, that may be considered during that hearing. The notice shall
contain the day, hour, and place of the hearing.
(2) Meetings of the Rules Committee may be called under
Rule 15; meetings of the standing committees and special
committees to consider floor amendments, joint action motions for
final consideration, and conference committee reports may be
called under Rule 18.
(3) The Chairperson, or Co-Chairperson from the majority
caucus of a special committee, shall, in advance of a committee
hearing, notify all Principal Sponsors of legislative measures
posted for that hearing of the date, time, and place of hearing.
When practical, the Clerk shall include a notice of all scheduled
hearings, together with all posted bills and resolutions, in the
Daily Calendar of the House. Regardless of whether a particular
legislative measure or subject matter has been posted for
hearing, it is in order for a committee during any of its
meetings to refer a subject matter or legislative measure pending
before it to a subcommittee of that committee.
(b) Other than the Rules Committee, no committee may meet during
any session of the House, and no commission created by Illinois law
that has legislative membership may meet during any session of the
HOUSE OF REPRESENTATIVES 93
House.
(c) Regardless of whether notice has been previously given, it
is always in order for a committee to table any legislative measure
pending before it when the Principal Sponsor so requests.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 22)
22. Committee Procedure.
(a) A committee may consider any legislative measure referred to
it and may make with respect to that legislative measure one of the
following reports to the House or to the parent committee, as
appropriate:
(1) that the bill "do pass";
(2) that the bill "do not pass";
(3) that the bill "do pass as amended";
(4) that the bill "do not pass as amended";
(5) that the resolution "be adopted";
(6) that the resolution "be not adopted";
(7) that the resolution "be adopted as amended";
(8) that the resolution "be not adopted as amended";
(9) that the floor amendment, joint action motion, or
conference committee report referred by the Rules Committee "be
adopted";
(10) that the floor amendment, joint action motion, or
conference committee report referred by the Rules Committee "be
not adopted";
(11) "without recommendation"; or
(12) "tabled".
Any of the foregoing reports may be made only upon the
concurrence of a majority of those appointed. All legislative
measures reported "do pass", "do pass as amended", "be adopted", or
"be adopted as amended" are favorably reported to the House. Except
as otherwise provided by these Rules, any legislative measure
referred or re-referred to a committee and not reported under this
Rule shall remain in that committee.
(b) No bill that provides for an appropriation of money from the
State Treasury may be considered for passage by the House unless it
has first been favorably reported by an Appropriations Committee or:
(1) the bill was discharged from an Appropriations
Committee under Rule 58;
(2) the bill was exempted from this requirement by a
majority of those appointed to the Rules Committee; or
(3) this Rule was suspended under Rule 67.
(c) The Chairperson of each committee, or Co-Chairperson from
the majority caucus of a special committee, shall keep, or cause to
be kept, a record in which there shall be entered:
(1) The time and place of each meeting of the committee.
(2) The attendance of committee members at each meeting.
(3) The votes cast by the committee members on all
legislative measures acted on by the committee.
(4) The "Record of Committee Witness" forms executed by
each person appearing or registering in each committee meeting,
which shall include identification of the witness, the person,
group, or firm represented by appearance and the capacity in
which the representation is made (if the person is representing
someone other than himself or herself), his or her position on
the legislation under consideration, and the nature of his or her
desired testimony.
(5) A tape recording of the proceedings.
(6) Such additional information as may be requested by the
Clerk.
94 JOURNAL OF THE [January 26, 1999]
(d) The committee Chairperson, or the Co-Chairperson from the
majority caucus of a special committee, shall file with the Clerk,
along with every bill or resolution reported upon, a written report
containing such information as required by the Clerk. The Clerk may
adopt forms, policies, and procedures with respect to the
preparation, filing, and maintenance of the reports.
(e) When a committee fails to report a legislative measure
pending before it to the House, or when a committee fails to hold a
public hearing on a legislative measure pending before it, the
exclusive means to bring that legislative measure directly before the
House for its consideration is as provided in Rule 18 or Rule 58.
(f) No bill or resolution may be called for a vote in a standing
committee or special committee in the absence of the Principal
Sponsor. The Chairperson of a committee or a chief co-sponsor may
present a bill or resolution in committee with the approval of the
Principal Sponsor when the committee consents. In the case of special
committees with Co-Chairpersons from different political parties, the
"Chairperson" means the Co-Chairperson from the majority caucus. This
subsection may not be suspended.
(g) No bill or resolution may be voted on more than twice in any
committee on motions to report the bill or resolution favorably, or
to reconsider the vote by which the committee adopted a motion to
report the bill or resolution unfavorably. A bill or resolution
having failed to receive a favorable recommendation after 2 such
record votes shall be automatically reported with the appropriate
unfavorable recommendation.
(h) A bill or resolution shall be given short debate status by
report of the committee if the bill or resolution was favorably
reported by a three-fifths vote of the members present. Bills and
resolutions receiving favorable reports may be placed upon the
Consent Calendar as provided in Rule 42.
(i) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 23)
23. Witnesses and Subpoenae.
(a) Standing committees may compel, by subpoena, any person to
appear and give testimony as a witness before the standing committee
and produce papers, documents, and other materials relating to a
legislative measure pending before the standing committee.
(b) Special committees may compel, by subpoena, any person to
appear and give testimony before the special committee and produce
papers, documents, and other materials relating to the subject matter
for which the special committee was created or relating to a
legislative measure pending before the special committee.
(c) Subpoenae issued under this Rule must be issued and signed
by the Chairperson of the committee and must comply with Rule
4(c)(9). In the case of special committees with Co-Chairpersons from
different political parties, the term "Chairperson" for purposes of
this Rule means the Co-Chairperson from the majority caucus.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 24)
24. Committee Reports.
(a) All bills favorably reported to the House from a committee,
or with respect to which a committee has been discharged, shall be
reported to the House and shall be placed on the order of Second
Reading and assigned standard debate status, subject to Rule 52.
Bills reported to the House from committee "do not pass", "do not
pass as amended", "without recommendation", or "tabled" shall lie on
the table.
(b) All floor amendments, joint action motions for final action,
HOUSE OF REPRESENTATIVES 95
and conference committee reports favorably reported from a standing
committee or special committee shall be referred to the House and
eligible for consideration when the House is on an appropriate order
of business. Amendments to bills that are not on the order of Second
Reading are out of order. All floor amendments, joint action motions
for final action, and conference committee reports that are reported
to the House from committee "be not adopted", "without
recommendation", or "tabled" shall lie on the table. When the Rules
Committee refers a floor amendment, joint action motion for final
action, or conference committee report to a standing committee or a
special committee that thereafter favorably reports that legislative
measure to the House, the legislative measure shall be referred to
the House, assigned standard debate status subject to Rule 52 (except
floor amendments, which shall be assigned amendment debate status),
and eligible for consideration when the House is on an appropriate
order of business.
(c) All resolutions favorably reported to the House from the
Rules Committee, a standing committee, or a special committee, or
with respect to which the committee has been discharged, shall be
referred to the House and placed on the order of Resolutions and
assigned standard debate status, subject to Rule 52. All resolutions
that are reported to the House from committee "be not adopted", "be
not adopted as amended", "without recommendation", or "tabled" shall
lie on the table. Floor amendments to resolutions are subject to the
same procedure applicable to floor amendments to bills.
(House Rule 25)
25. Suspension of Posting Requirements.
(a) A motion to suspend the posting requirements of Rule 21 must
be in writing, specifying the committee and the bills or resolutions
to which the motion applies, be carried on the calendar before it may
be taken up by the House, and adopted by the affirmative vote of 60
members elected. The calendar requirements of this Rule may be
suspended only by unanimous consent. The requirement that the motion
be in writing may not be suspended.
(b) Except for those provisions that may not be suspended or
that require unanimous consent, this Rule may be suspended only by
the affirmative vote of 71 members elected.
(House Rule 26)
26. Rights of the Public.
(a) If a bill or resolution has been properly set for hearing
and witnesses are present and wish to testify, the committee shall
hear the witnesses at the scheduled time and place.
(b) Any person wishing to offer testimony to a committee hearing
of a bill or resolution shall be given a reasonable opportunity to do
so, orally or in writing. The Chairperson may set time limits for
presentation of oral testimony. No testimony in writing is required
of any witness, but any witness may submit a statement in writing for
the committee record. All persons offering testimony shall complete
a "Record of Committee Witness" form and submit it to the committee
clerk before testifying. In the case of special committees with
Co-Chairpersons from different political parties, the "Chairperson"
means the Co-Chairperson from the majority caucus.
(c) A motion to foreclose further oral testimony by witnesses on
a matter before a committee may be adopted only by a three-fifths
majority of those voting on the motion. No such motion is in order
until both proponents and opponents requesting to be heard have been
given a fair and substantial opportunity to express their positions.
No one shall be prohibited from filing for the record "Record of
Committee Witness" forms or written statements while the matter is
before the committee.
(d) Meetings of committees and subcommittees shall be open to
96 JOURNAL OF THE [January 26, 1999]
the public. Committee meetings of the House may be closed to the
public if two-thirds of the members elected to the House determine,
by a record vote, that the public interest so requires.
(e) This Rule cannot be suspended retroactively.
(House Rule 27)
27. Smoking. Smoking is prohibited at any official committee
hearing, and no committee member, staff member, or member of the
public is permitted to smoke in the room in which the hearing is
being held.
ARTICLE III
CONDUCT OF BUSINESS
(House Rule 28)
28. Sessions of the House.
(a) The House is in session whenever it convenes in perfunctory
session, regular session, veto session, or special session. Members
are entitled to per diem expense reimbursements only on those
regular, veto, and special session days that they are in attendance
at the House. Attendance by members is not required or recorded on
perfunctory session days.
(b) Regular and veto session days shall be scheduled with notice
by the Speaker under Rule 9. Special session days shall be scheduled
in accordance with the Constitution and laws of Illinois.
(c) The Speaker may schedule perfunctory session days during
which the Clerk may read into the House record any legislative
measure. Committees may meet and may consider and act upon
legislative measures during a perfunctory session day, and the Clerk
may receive and read committee reports into the House record during a
perfunctory day. Except for automatic referral under these Rules, no
further action may be taken by the House with respect to a
legislative measure during a perfunctory session day.
(House Rule 29)
29. Hour of Meeting. Unless otherwise ordered by the Speaker or
Presiding Officer or as provided in Rule 1, the House shall regularly
convene at 12:30 p.m. on the first day of each week that the House
convenes in regular, veto, or special session and shall convene at
noon on all other days.
(House Rule 30)
30. Access to the House Floor.
(a) Except as otherwise provided in these Rules, only the
following persons shall be admitted to the House while it is in
session: members and officers of the General Assembly; elected
officers of the executive branch; justices of the Supreme Court; the
designated aide to the Governor, except as limited by the Speaker;
the parliamentarian; majority staff members and minority staff
members, except as limited by the Speaker or Presiding Officer;
former members, except as limited by the Speaker or prohibited under
subsection (d); and employees of the Legislative Reference Bureau,
except as limited by the Speaker. Representatives of the press,
while the House is in session, may have access to the galleries and
places allotted to them by the Speaker. No person is entitled to the
floor unless appropriately attired. Only members of the General
Assembly may use telephones at the members' desks or in the telephone
booths at the rear of the House Chamber. Smoking is prohibited on
the floor of the House and in the House galleries.
(b) On days during which the House is in session, the Doorkeeper
shall clear the floor of all persons not entitled to access to the
floor 15 minutes before the convening time, and the Doorkeeper shall
enforce all other provisions of this Rule.
(c) The Speaker may authorize the admission to the floor of any
HOUSE OF REPRESENTATIVES 97
other person, except as prohibited under subsection (d).
(d) No person who is directly or indirectly interested in
defeating or promoting any pending legislative measure, if required
to be registered as a lobbyist, shall be allowed access to the floor
of the House at any time during the session.
(e) When he or she deems it necessary for the preservation of
order, the Presiding Officer may by order remove any person from the
floor of the House. A Representative may be removed from the floor
only under Article XI or XII of these Rules.
(House Rule 31)
31. Standing Order of Business. Unless otherwise determined by
the Presiding Officer, the standing daily order of business of the
House is as follows:
(1) Call to Order, Invocation, Pledge of Allegiance, and
Roll Call.
(2) Approval of the Journal.
(3) Reading of House Bills a first time.
(4) Reports from committees, with reports from the Rules
Committee ordinarily made at any time.
(5) Presentation of Resolutions, Petitions, and Messages.
(6) Introduction of House Bills.
(7) Messages from the Senate, not including reading Senate
Bills a first time.
(8) Reading of House Bills a second time.
(9) Reading of House Bills a third time.
(10) Reading of Senate Bills a third time.
(11) Reading of Senate Bills a second time.
(12) Reading of Senate Bills a first time.
(13) House Bills on the Order of Concurrence.
(14) Senate Bills on the Order of Non-Concurrence.
(15) Conference Committee Reports.
(16) Motions in Writing.
(17) Constitutional Amendment Resolutions.
(18) Motions with respect to Vetoes.
(19) Consideration of Resolutions.
(20) Motions to Discharge Committee.
(21) Motions to Take from the Table.
(22) Motions to Suspend the Rules.
(23) Consideration of Bills on the Order of Postponed
Consideration.
(House Rule 32)
32. Quorum.
(a) A majority of those elected constitutes a quorum of the
House, and a majority of those appointed constitutes a quorum of a
committee, but a smaller number may adjourn from day to day, or
recess for less than one day, and compel the attendance of absent
members. The attendance of absent members may also be compelled by
order of the Speaker.
(b) The question of the presence of a quorum in any committee
may not be raised on consideration of a legislative measure by the
House unless the same question was previously raised before the
committee with respect to that legislative measure.
(House Rule 33)
33. Approval of the Journal. The Speaker or his or her designee
shall periodically examine and report to the House any corrections he
or she deems should be made in the Journal before it is approved. If
those corrections are approved by the House, they shall be made by
the Clerk.
(House Rule 34)
34. Executive Sessions. The sessions of the House shall be open
to the public. Sessions and committee meetings of the House may be
98 JOURNAL OF THE [January 26, 1999]
closed to the public if two-thirds of the members elected determine,
by a record vote, that the public interest so requires.
(House Rule 35)
35. Length of Adjournment. The House, without the consent of
the Senate, shall not adjourn for more than 3 days or to a place
other than where the 2 chambers of the General Assembly are sitting.
The House is in session on any day in which it convenes in
perfunctory session, regular session, veto session, or special
session.
(House Rule 36)
36. Transcript of the House. Nothing contained in the official
transcript of the House shall be changed or expunged except by
written request of a Representative to the Clerk and Speaker, and
that request may be approved only by the record vote of 71 members
elected.
ARTICLE IV
BILLS AND AMENDMENTS
(House Rule 37)
37. Bills.
(a) A bill may be introduced in the House by sponsorship of one
or more members of the House, whose names shall be on the reproduced
copies of the bills, in the House Journal, and in the Legislative
Digest. The Principal Sponsor shall be the first name to appear on
the bill and may be joined by no more than 4 chief co-sponsors with
the approval of the Principal Sponsor; other co-sponsors shall be
separated from the Principal Sponsor and any chief co-sponsors by a
comma. The Principal Sponsor may change the sponsorship of a bill to
that of one or more other Representatives, or to that of the standing
committee or special committee to which the bill was referred or from
which the bill was reported. Such change may be made at any time the
bill is pending before the House or any of its committees by filing a
notice with the Clerk. This subsection may not be suspended.
(b) The Principal Sponsor of a bill controls that bill. A
standing committee-sponsored bill is controlled by the Chairperson of
the committee, who for purposes of these Rules is deemed the
Principal Sponsor. A special committee-sponsored bill is controlled
by the Chairperson, or if Co-Chairpersons have been appointed, by the
Co-Chairperson from the majority caucus, who for purposes of these
Rules is deemed the Principal Sponsor. Committee-sponsored bills may
not have individual co-sponsors.
(c) The Senate sponsor of a bill originating in the Senate may
request substitute House sponsorship of that bill by filing a notice
with the Clerk; such a notice is automatically referred to the Rules
Committee and deemed adopted if approved by the Rules Committee. If
disapproved by the Rules Committee, the notice shall lie on the
table. If the Rules Committee fails to act on a notice, that notice
may be discharged by unanimous consent.
(d) All bills introduced in the House shall be read by title a
first time, ordered reproduced, and automatically referred to the
Rules Committee in accordance with Rule 18. When a Senate Bill is
received, it shall be read by title, ordered reproduced, and placed
on the order of Senate Bills on first reading; after being read a
first time, it is automatically referred to the Rules Committee in
accordance with Rule 18.
(e) All bills introduced into the House shall be accompanied by
9 copies. Any bill that amends a statute shall indicate the
particular changes in the following manner:
(1) All new matter shall be underscored.
(2) All matter that is to be omitted or superseded shall be
shown crossed with a line.
(f) No bill shall be passed by the House except on a record vote
HOUSE OF REPRESENTATIVES 99
of a majority of those elected. A bill that has lost and has not
been reconsidered may not thereafter be revived.
(House Rule 38)
38. Reading and Reproduction of Bills. Every bill shall be read
by title on 3 different days before passage by the House, and the
bill and all amendments adopted to it shall be reproduced, under Rule
39, before the vote is taken on its final passage.
(House Rule 39)
39. Reproduction and Distribution. The Clerk shall, as soon as
any bill is reproduced, cause the bill to be placed upon the desks of
the members. Reproduction and distribution may be done
electronically, or the Clerk may establish a method that any member
may use to secure a copy of any bill.
(House Rule 40)
40. Amendments.
(a) An amendment to a bill may be adopted by a standing
committee or special committee when the bill is before that
committee. An amendment to a bill may be adopted by the House when a
bill is on the order of Second Reading if: (i) the Rules Committee
has referred the floor amendment to the House for consideration under
Rule 18; or (ii) a standing committee or special committee has
referred the floor amendment to the House. All amendments must be in
writing. All committee amendments that have been timely filed, as
determined by the Chairperson, shall be considered by the committee
or a subcommittee of that committee prior to consideration by the
committee of the bill to which the amendment relates. All amendments
still pending in a committee upon the passage or defeat of a bill on
Third Reading are automatically tabled.
(b) Except as otherwise provided in these Rules, committee
amendments may be offered only by the Principal Sponsor or a member
of the committee while the affected bill is before that committee,
and shall be adopted by a majority of those appointed. Floor
amendments may be offered only by a Representative while the bill is
on the order of Second Reading, subject to Rule 18, and shall be
adopted by a majority vote of the House. A committee amendment may
be the subject of a motion to "do adopt" or "do not adopt". A
committee amendment may be adopted only by a successful motion to "do
adopt". The Chairperson of a committee may refer any committee
amendment to a subcommittee of that committee.
(c) Committee amendments shall be filed with the Chairperson of
the committee, and are in order only when sufficient copies have been
filed to provide each member of the committee with a copy (which may
be done in the same manner as distribution of bills under Rule 39)
and 9 additional copies for the Chairperson. Floor amendments shall
be filed with the Clerk, and are in order only when 9 copies have
been filed.
(d) The Clerk shall have reproduced all adopted committee
amendments that come before the House. The Clerk shall also have
reproduced all floor amendments referred to the House by a committee.
No floor amendment may be adopted by the House unless it has been
reproduced and placed on the members' desks in the same manner as for
bills under Rule 39.
(e) No floor amendment is in order unless it has been first
referred to the House for consideration by the Rules Committee under
Rule 18, or by a standing committee or special committee.
(f) Amendments that propose to alter any existing law shall
conform to the requirements of Rule 37(e).
(g) If a committee reports a bill "do pass as amended", the
committee amendments are deemed adopted by the committee action and
shall be reproduced and placed on the members' desks (which may be
done in the same manner as provided for bills under Rule 39) before
100 JOURNAL OF THE [January 26, 1999]
the bill may be read a second time.
(h) In the case of special committees with Co-Chairpersons from
different political parties, the "Chairperson" for the purposes of
this Rule is the Co-Chairperson from the majority caucus.
(House Rule 41)
41. Fiscal and Other Notes.
(a) The House shall comply with all Illinois laws requiring
fiscal or other notes. The notes shall be filed with the Clerk, who
shall affix each note with a time stamp endorsing the date and time
received, and attached to the original of the bill and available for
inspection by the members. As soon as practical, the Clerk shall
provide a copy of the note to the Legislative Reference Bureau, which
shall provide an informative summary of the note in subsequent issues
of the Legislative Digest.
(b) No bill authorizing or directing the conveyance by the State
of any particular interest in real estate to any individual or entity
other than a governmental unit or agency may be voted upon in
committee or upon Second Reading unless a certified appraisal of the
value of the interest has been filed. The appraisal shall be filed
with the clerk of the committee to which the bill is assigned, and
shall be part of the permanent committee record, unless the bill is
advanced without reference to committee, or discharged under Rule 58,
in which event the appraisal shall be filed with the Clerk of the
House.
(House Rule 42)
42. Consent Calendar.
(a) The Clerk shall include a Consent Calendar on the daily
calendar and designate it as a separate calendar. The Consent
Calendar shall contain 3 orders of business: Consent Calendar -
Second Reading, Consent Calendar - Third Reading, and Consent
Calendar - Resolutions. Within each order of business, bills or
resolutions shall be listed in separate groups according to the
number of required days each has been on that order of business on
the Consent Calendar. No more than 80 bills and resolutions shall be
listed in each group. All bills or resolutions to which amendments
have been adopted shall be so designated.
(b) No debate is in order regarding any item on the Consent
Calendar. The Presiding Officer, however, shall allow a reasonable
time for questions from the floor and answers to those questions. No
amendment from the floor is in order regarding any bill or resolution
on the Consent Calendar.
(c) A bill on the Consent Calendar shall stand for 2 legislative
days on the order of Consent Calendar - Second Reading, and for at
least 2 legislative days on the order of Consent Calendar - Third
Reading, before a vote on the final passage may be taken.
Resolutions on the Consent Calendar shall stand for at least 4
legislative days before a vote on adoption may be taken. One record
vote on final passage shall be taken on those bills called for final
passage. Immediately before a vote on the bills on the Consent
Calendar, the Presiding Officer shall call to the attention of the
members the fact that the next legislative action will be the vote on
the Consent Calendar.
(d) A bill or resolution may be placed on the Consent Calendar
by report of a standing committee upon a motion adopted by a
unanimous vote of the members present. For purposes of this
subsection (d), a unanimous vote on the motion is a vote with no
member voting nay.
(e) No bill regarding revenue or appropriations may be placed on
the Consent Calendar. No resolution requiring more than 60
affirmative votes for adoption and no bill requiring more than 60
affirmative votes for passage by the House may be placed on the
HOUSE OF REPRESENTATIVES 101
Consent Calendar.
(f) The Speaker and the Minority Leader shall each appoint 3
members who may challenge the presence of any bill or resolution on
the Consent Calendar. Before a vote on final passage of any item on
the Consent Calendar, an item shall be removed from the Consent
Calendar if (i) 4 or more members, (ii) the Principal Sponsor of the
bill or resolution, or (iii) one or more of the appointed challengers
file with the Clerk written objections to the presence of the bill or
resolution on the Consent Calendar. Any bill or resolution so
removed may not be placed thereafter on the Consent Calendar during
that session of the General Assembly, unless the member or members
who objected to the presence of the bill or resolution on the Consent
Calendar consent in writing to restoration of the bill or resolution
on the Consent Calendar.
Any bill removed from the Consent Calendar shall stand on the
order of Second Reading with short debate status, subject to Rule 52,
and any resolution so removed shall stand on the order of Resolutions
with short debate status, subject to Rule 52.
(House Rule 43)
43. Changing Order of Business.
(a) Any order of business may be changed at any time by the
Speaker or Presiding Officer.
(b) Any order of business may be changed at any time upon the
motion of any member, supported by 5 additional members, if the
motion is adopted by an affirmative vote of 71 members elected.
(c) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 44)
44. Special Orders; Rules Committee.
(a) A special order of business may be set by the Rules
Committee or by the Speaker. The Principal Sponsor of a bill or
resolution must consent to the placement of the bill or resolution on
a special order. A special order shall fix the day to which it
applies and the matters to be included. The Speaker, or the Rules
Committee by a vote of a majority of the members appointed, may
establish time limits for a special order and may establish
limitations on debate during a special order (notwithstanding Rule
52), in which event the allotted time shall be fairly divided between
proponents and opponents of the legislation to be considered. A
special order of business takes the place of the standing order for
such time as may be necessary for its completion. Only matters that
may otherwise properly be before the House may be included in a
special order.
(b) A special order shall appear on the Daily Calendar for 3
legislative days. This subsection (b) may be suspended only by the
affirmative vote of 71 members elected.
(c) A special order may be suspended, amended, or modified by
motion adopted by an affirmative vote of 60 members. A special order
shall be suspended by a written objection signed by 3 members of the
Rules Committee and filed during the first legislative day on which
the special order appears on the calendar.
ARTICLE V
RESOLUTIONS AND CERTIFICATES OF RECOGNITION
(House Rule 45)
45. Resolutions.
(a) A resolution may be introduced in the House by sponsorship
of one or more members of the House, and the names of all sponsors
shall be included in the House Journal and in the Legislative Digest.
Each resolution introduced shall be accompanied by 9 copies.
Consideration of resolutions shall be governed by Rule 16 and Rule
66.
102 JOURNAL OF THE [January 26, 1999]
(b) Any resolution calling for the expenditure of State funds
may be adopted only by a record vote of a majority of those elected.
(House Rule 46)
46. State Constitutional Amendments. All resolutions introduced
in the House proposing amendments to the Illinois Constitution shall
be reproduced and distributed in the same manner in which bills are
reproduced and distributed under Rule 39. Every such resolution that
originated in the Senate and is presented to the House shall be
ordered reproduced and distributed in like manner. No such resolution
may be adopted unless read in full in its final form on 3 different
days. Amendments are in order only on First Reading and Second
Reading.
(House Rule 47)
47. Federal Constitutional Amendments and Constitutional
Conventions. The affirmative vote of 71 of the members elected is
required to adopt any resolution:
(1) requesting Congress to call a federal constitutional
convention;
(2) ratifying a proposed amendment to the Constitution of
the United States; or
(3) calling a State convention to ratify a proposed
amendment to the Constitution of the United States.
(House Rule 48)
48. Certificates of Recognition. Any member may sponsor a
certificate of recognition to be signed by the Speaker and attested
by the Clerk to recognize any person, organization, or event worthy
of public commendation. The form of the Certificate of Recognition
shall be determined by the Clerk with the approval of the Speaker.
ARTICLE VI
PARLIAMENTARY PRACTICE
(House Rule 49)
49. Voting. The Presiding Officer shall put all questions
distinctly, as follows: "All those in favor vote AYE, and those
opposed vote NAY." No member may vote on any question before the
House unless on the floor before the vote is announced. No member of
a committee may vote except in person at the time of the call of the
committee vote. Any vote of the House shall be by record vote
whenever 5 Representatives shall so request or whenever the Presiding
Officer shall so order.
(House Rule 50)
50. Announcing a Record Vote. When a record vote is requested,
the Presiding Officer shall put the question and then announce to the
House: "The voting is open." While the vote is being taken, the
Presiding Officer shall state: "Have all voted who wish?" The voting
is closed when the Presiding Officer announces: "Take the Record."
The Presiding Officer, unless an intervening motion to postpone
consideration by the Principal Sponsor is made, shall then announce
the results of the record vote. After the record is taken, no member
may vote, change his or her vote, or remove his or her vote as
recorded.
(House Rule 51)
51. Decorum.
(a) When any member is about to speak to the House, he or she
shall rise and address the Presiding Officer as "Speaker". The
Presiding Officer, upon recognizing the member, shall address him or
her by name, and thereupon the engineer in charge of operating the
microphones in the House shall give the use of the microphone to the
member who has been so recognized. The member in speaking shall
confine himself or herself to the subject matter under discussion and
avoid personalities.
(b) Questions affecting the rights, reputation, and conduct of
HOUSE OF REPRESENTATIVES 103
members of the House in their representative capacity are questions
of personal privilege. A matter of personal explanation does not
constitute a question of personal privilege.
(c) If 2 or more members rise at once, the Presiding Officer
shall name the member who is to speak first.
(d) No person shall give any signs of approbation or
disapprobation while the House is in session.
(e) Recognition of guests by any member is prohibited, except
that the Speaker or Presiding Officer may recognize an honored guest.
(f) While the Presiding Officer is putting a question, no member
shall leave or walk across the House Chamber. When a member is
addressing the House, no member or other person entitled to the floor
shall entertain private discourse or pass between the member speaking
and the Presiding Officer.
(g) In case of any disturbance or disorderly conduct, the
Speaker or Presiding Officer may order that the lobby, gallery, or
hallways adjoining the House Chamber be cleared.
(h) No literature may be distributed on the House floor.
(i) No member may be absent from a session of the House unless
he or she has leave or is sick or his or her absence is unavoidable.
The switch to the electrical roll call recording equipment located on
the desk of any member who has been excused or is absent shall be
locked by the Clerk and shall not be unlocked until the member
returns and files with the Clerk a request to be shown as present on
the quorum roll call.
(House Rule 52)
52. Debate.
(a) All legislative measures, except those legislative measures
placed on the Consent Calendar under Rule 42, are subject to a debate
status as follows:
(1) Short Debate: Debate is limited to a 2-minute
presentation by the Principal Sponsor or a member designated by
the Principal Sponsor, a 2-minute presentation by a member in
response, and one minute for the Principal Sponsor to close
debate, or yield to other members; provided that at the request
of 7 members before the close of debate, the debate status shall
be opened to standard debate;
(2) Standard Debate: Debate is limited to a 5-minute
presentation by the Principal Sponsor or a member designated by
the Principal Sponsor, debate by each of 2 additional proponents
of the legislative measure and by 3 members in response to the
legislative measure, and 3 minutes for the Principal Sponsor to
close debate, or yield to other members;
(3) Extended Debate: Debate is limited to a 5-minute
presentation by the Principal Sponsor or a member designated by
the Principal Sponsor, debate by each of 4 proponents of the
legislative measure and 5 members in response, and 5 minutes for
the Principal Sponsor to close debate, or yield to other members;
(4) Unlimited Debate: Debate shall consist of a 10-minute
presentation by the Principal Sponsor or a member designated by
the Principal Sponsor, debate by each proponent and member in
response who seeks recognition, and 5 minutes for the Principal
Sponsor to close debate, or yield to other members; or
(5) Amendment Debate: Debate on floor amendments referred
to the House from a committee, or discharged from a committee, is
limited to a 3-minute presentation by the Principal Sponsor, or a
member designated by the Principal Sponsor, debate by one
proponent, debate by each of 2 members in response, and 3 minutes
for the Principal Sponsor to close debate, or yield to other
members.
No debate is in order on bills or resolutions on the order of
104 JOURNAL OF THE [January 26, 1999]
First Reading or Second Reading, except for debate on floor
amendments as provided in this Rule.
(b) All legislative measures, except floor amendments, referred
to the House from a committee, or discharged from a committee, are
automatically assigned standard debate status, subject to subsection
(c) of this Rule, except those assigned to the Consent Calendar or
short debate status by a standing committee or a special committee.
All floor amendments referred to the House from a committee, or
discharged from a committee, are automatically assigned amendment
debate status, subject to subsection (c) of this Rule.
(c) Notwithstanding any other provision of these Rules to the
contrary, the debate status of any legislative measure may be changed
only (i) by the Speaker, as defined in item (27) of Rule 102, by
filing a notice with the Clerk, or (ii) by the Rules Committee by
motion approved by a majority of those appointed. While a
legislative measure is being considered by the House, the debate
status may also be changed by unanimous consent. No legislative
measure, however, may be placed on the Consent Calendar under this
Rule. No legislative measure, except a floor amendment, may be
assigned amendment debate status under this Rule.
(d) The Speaker or Rules Committee, as the case may be, shall
notify the Clerk of any action to change the debate status of any
legislative measure. The Clerk shall cause that information to be
reflected on the Daily Calendar on subsequent legislative days,
provided the legislative measure is still before the House.
(e) No member shall speak longer than 5 minutes at one time or
more than once on the same question except by leave of the House.
The Principal Sponsor of a measure or a member designated by the
Principal Sponsor, however, shall be allowed to open the debate and
to close the debate in accordance with subsection (a) of this Rule.
The provisions of this subsection (e) are subject to and limited by
subsections (a), (b), and (c) of this Rule. A member may yield to
another member the time allotted for the member's debate.
(f) The Presiding Officer shall allocate the debate on each
legislative measure alternately, if possible, between proponents and
opponents of the legislative measure under debate.
(g) This Rule may not be suspended.
(House Rule 53)
53. Written Statements.
(a) Any member may submit a written statement regarding any
bill, resolution, or floor amendment considered by the House, by
submitting that statement to the Clerk within one legislative day or
3 business days, whichever is shorter, after the day on which the
bill, resolution, or floor amendment to which the comments relate was
considered by the House. The Clerk shall affix a time stamp to each
statement indicating the date on which the statement was submitted.
Each statement shall indicate the member or members on whose behalf
the statement is submitted, the bill, resolution, or floor amendment
to which it applies, the names of any other members mentioned in the
statement, and the person who actually submits the statement to the
Clerk. Each member on whose behalf a statement is submitted is under
an obligation to ensure that all required information, specifically
including the names of any other members mentioned in the statement,
is indicated at the time a statement is submitted. Each statement
shall comply with standards as may be established by the Clerk with
the approval of the Speaker. The standards established by the Clerk,
however, shall not relate to the contents of the written statement.
The Clerk shall maintain statements that comply with this Rule and
established standards in files for each bill and resolution. A
statement is not considered filed until the Clerk has determined that
it complies with this Rule and established standards. The Clerk
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shall notify the member or members on whose behalf a statement was
submitted if the statement is determined not to comply. Statements
filed under this Rule shall be considered part of the transcript and
made available to the public.
(b) If a statement mentions another member, the statement shall
not be considered filed until the member mentioned has an opportunity
to respond as a matter of personal privilege. The Clerk shall notify
each member who is identified at the time a statement is submitted as
being mentioned in the statement. The member identified as mentioned
in the statement shall have one legislative day or 3 business days,
whichever is shorter, after notification by the Clerk in which to
file a written response to the statement. The original statement and
any responsive statement shall both be considered filed at the close
of business on the final day on which a response may be filed. If,
however, a statement is submitted mentioning another member and the
name of the member mentioned is not indicated to the Clerk at the
time of submission, the statement shall be stricken at the request of
the member mentioned in the statement. The Clerk shall notify each
member on whose behalf the statement was submitted that the statement
has been stricken from the record.
(c) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 54)
54. Motions.
(a) The following are general rules for all motions:
(1) Every motion, except to adjourn, recess, or postpone
consideration, shall be reduced to writing if ordered by the
Presiding Officer. Unless otherwise provided in these Rules, no
second is required to any motion presented to the House, or in
any committee. The Presiding Officer may refer any motion to the
Rules Committee.
(2) Before the House debates a motion, the Presiding
Officer shall state an oral motion and the Clerk shall read aloud
a written motion. Each motion, unless otherwise provided in these
Rules, is assigned standard debate status, subject to Rule 52.
(3) After a motion is stated by the Presiding Officer or
read by the Clerk, it is deemed in the possession of the House,
but may be withdrawn at any time before decision with consent of
a majority of the members elected.
(4) If a motion is divisible, any member may call for a
division of the question.
(5) Any question taken under consideration may be
withdrawn, postponed, or tabled by unanimous consent or, if
unanimous consent is denied, by a motion adopted by a majority of
the members elected.
(b) The Rule may be suspended only by the affirmative vote of 71
members elected.
(House Rule 55)
55. Precedence of Motions.
(a) When a question is under debate, no motion may be
entertained except:
(1) to adjourn to a time certain;
(2) to adjourn;
(3) to question the presence of a quorum;
(4) to recess;
(5) to lay on the table;
(6) for the previous question;
(7) to postpone consideration;
(8) to commit or recommit; or
(9) to amend, except as otherwise provided in these Rules.
The foregoing motions have precedence in the order in which they
106 JOURNAL OF THE [January 26, 1999]
are listed.
(b) During a record vote, no motion (except a motion to postpone
consideration) is in order until after the announcement of the result
of the vote.
(c) A motion to commit or re-commit, until it is decided,
precludes all amendments and debate on the main question. A motion
to postpone consideration, until it is decided, precludes all
amendments and debate on the main question.
(House Rule 56)
56. Verification.
(a) After any record vote, except for a vote that requires a
specific number of affirmative votes and that has not received the
required votes, and before intervening business, it is in order for
any member to request verification of the results of the record vote.
(b) In verifying a record vote, the Presiding Officer shall
instruct the Clerk to call the names of those members whose votes are
to be verified. The member requesting the verification may
thereafter identify those members he or she wishes to verify. If a
member does not answer, his or her vote shall be stricken; the
member's vote shall be restored to the roll, however, if his or her
presence is recognized before the Presiding Officer announces the
final result of the verification. The Presiding Officer shall
determine the presence or absence of each member whose name is
called, and shall then announce the results of the verification.
(c) While the results of any record vote are being verified, it
is in order for any member to announce his or her presence on the
floor and thereby have his or her vote verified.
(d) A request for a verification of the affirmative and negative
results of a record vote may be made only once on each record vote.
(House Rule 57)
57. Appealing a Ruling.
(a) If any appeal is taken from a ruling of the Presiding
Officer, the Presiding Officer shall be sustained unless 71 of the
members elected vote to overrule the Presiding Officer. A motion to
appeal is not in order if the House has conducted intervening
business since the ruling at issue was made.
(b) If any appeal is taken from a ruling of a committee
Chairperson, the Chairperson shall be sustained unless three-fifths
of those appointed vote to overrule the Chairperson. A motion to
appeal is not in order if the committee has adjourned or recessed, or
if intervening business has occurred. In the case of special
committees with Co-Chairpersons from different political parties, the
"Chairperson" for purposes of this Rule is the Co-Chairperson from
the majority caucus.
(c) In an appeal of a ruling of the Presiding Officer or
Chairperson, the question is: "Shall the ruling of the Chair be
sustained?"
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 58)
58. Discharge of Committee.
(a) Any member may move that a standing committee or a special
committee be discharged from consideration of any legislative measure
assigned to it and not reported back unfavorably.
(b) The motion must be in writing and shall be carried on the
Daily Calendar for the next legislative day under the order of
"Motions". No action shall be taken on the motion until it is on the
calendar.
(c) If the motion receives an affirmative vote of 60 members,
the legislative measure subject to the motion shall be referred to
the House and placed on the appropriate order of business.
HOUSE OF REPRESENTATIVES 107
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 59)
59. Previous Question.
(a) A motion for the previous question may be made at any time.
A motion for the previous question is not debatable and requires the
affirmative vote of 71 members elected.
(b) The previous question shall be stated in the following form:
"Shall the main question be put?" Until the previous question is
decided, all amendments and debate are precluded. When it is decided
that the main question shall not be put, the main question remains
under debate.
(c) The effect of the main question being ordered is to put an
end to all debate and bring the House to a direct vote on the
immediately pending motion. After a motion for the previous question
has been approved, unless the vote on that motion suggests the
absence of a quorum, it is not in order to move for adjournment or to
make any other motion before a decision on the main question.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 60)
60. Tabling.
(a) Except as otherwise provided in subsection (d), a motion to
lay on the table applies only to the particular proposition and is
neither debatable nor amendable.
(b) A motion to table a bill or resolution shall identify the
bill or resolution by number. The Principal Sponsor of a bill or
resolution may, with leave of the House, table that bill or
resolution at any time. A motion to table a committee bill that is
before the House may be adopted only by the affirmative vote of a
majority of those elected.
(c) The Principal Sponsor of a bill or resolution before a
committee may, with leave of the committee, table the bill or
resolution. Upon tabling, the Chairperson of the committee shall
return the bill or resolution to the Clerk, noting thereon that it
has been tabled.
(d) A motion to table a committee amendment has priority over a
floor amendment. Motions to table amendments are debatable and may
be adopted by the affirmative vote of a majority vote of those
elected.
(House Rule 61)
61. Motion to Take from Table.
(a) A motion to take from the table requires the affirmative
vote of a majority of those elected if the Rules Committee has
previously recommended that action by written notice filed with the
Clerk; otherwise, a motion to take from the table requires the
affirmative vote of 71 members elected.
(b) A bill taken from the table shall be placed on the Daily
Calendar on the order on which it appeared before it was tabled.
(c) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 62)
62. Motion to Postpone Consideration. A motion to postpone
consideration on a bill or resolution may not be made more than once
on the same bill or resolution. Unless otherwise provided by these
Rules, a motion to postpone consideration shall be granted as a
matter of privilege; no motion to postpone consideration is in order,
however, if the bill or resolution initially received a vote of fewer
than 47 of the members elected.
(House Rule 63)
63. Motion on Different Subject. No motion or other legislative
108 JOURNAL OF THE [January 26, 1999]
measure on a subject different from that under consideration shall be
admitted under color of amendment.
(House Rule 64)
64. Division of Question. If the question in debate contains
several points, any member may have the question divided. On a
motion to strike out and insert, it is not in order to move for a
division of the question. The rejection of a motion to strike out
and insert one proposition does not prevent a motion to strike out
and insert a different proposition.
(House Rule 65)
65. Reconsideration.
(a) A member who voted on the prevailing side of a record vote
on a legislative measure still within the control of the House may
on the same or the following legislative day move to reconsider the
vote. The motion to reconsider may be laid on the table without
affecting the vote to which it refers. When the motion to reconsider
is made during the last 3 days of April or any time thereafter during
the regular session, or at any time during a veto or special session,
any member may move that the vote on reconsideration be taken
immediately. A question that requires the affirmative vote of a
majority of those elected or more to carry requires a majority of
those elected to reconsider.
(b) A motion to reconsider a record vote on the adoption of an
amendment to a bill may be made only on Second Reading.
(c) If a motion to reconsider is made under this Rule and the
motion is later tabled, the question shall not be further
reconsidered. This subsection (c) may be suspended only by the
affirmative vote of 71 members elected.
(d) When a motion to reconsider is made within the time
prescribed by these Rules, the Clerk shall not allow the bill or
other subject matter of the motion to pass out of the possession of
the House until after the motion has been decided or withdrawn. Such
a motion shall be deemed rejected if laid on the table.
(e) A Representative who voted "present" or failed to vote on a
question does not have the right to move for reconsideration.
(f) Upon a motion to reconsider the vote on the final passage of
any bill, the affirmative vote of a majority of those elected is
required to reconsider.
(House Rule 66)
66. Motion to Adjourn.
(a) A motion to adjourn is in order at any time, except when a
prior motion to adjourn has been defeated and no intervening business
has transpired.
(b) A motion to adjourn is neither debatable nor amendable.
(c) The Clerk shall enter in the Journal the hour at which every
motion to adjourn is made.
(d) Unless the Presiding Officer otherwise orders, the standing
hour to which the House adjourns is 12:00 noon, except on the last
day of a week in which the House convenes in regular, veto, or
special session, in which case the standing hour to which the House
adjourns is 12:30 p.m.
(e) A motion to adjourn for more than 3 days is not in order
unless both chambers of the General Assembly have adopted a joint
resolution permitting that adjournment. Notwithstanding any other
provision of these Rules, a resolution filed under this Rule may be
referred to the Rules Committee by the Presiding Officer or may be
immediately considered and adopted by the House.
(House Rule 67)
67. Adoption and Amendment to or Suspension of Rules.
(a) Adoption of Rules. At the commencement of a term, the House
shall adopt new rules of organization and procedure by resolution
HOUSE OF REPRESENTATIVES 109
setting forth those rules in their entirety. The resolution must be
adopted by the affirmative vote of a majority of those elected. These
Rules of the House of Representatives are subject to revision or
amendment only in accordance with this Rule.
(b) Rules may be amended only by resolution. Any resolution to
amend these Rules shall show the proposed changes in the existing
rules by underscoring all new matter and by crossing out with a line
all matter that is to be omitted or superseded.
(c) Any resolution proposing to amend a House Rule or any Joint
House-Senate Rule, upon initial reading by the Clerk, is
automatically referred to the Rules Committee. Resolutions to amend
the House Rules or any Joint House-Senate Rules may be initiated and
sponsored by the Rules Committee; those resolutions shall not be
referred to a committee and may be immediately considered and adopted
by the House. Those resolutions shall be assigned standard debate
status, subject to Rule 52.
(d) A resolution to amend the House Rules or any Joint
House-Senate Rules that has been reported "do adopt" or "do adopt as
amended" by a majority of those appointed to the Rules Committee
requires the affirmative vote of a majority of those elected for
adoption by the House. Any other resolution proposing to amend the
House Rules or any Joint House-Senate Rules requires the affirmative
vote of 71 of the members elected for adoption by the House.
(e) No House Rule or any Joint House-Senate Rule may be
suspended except by unanimous consent of the members present or upon
a motion supported by affirmative vote of a majority of those elected
unless a higher number is required in the Rule sought to be
suspended. A committee may not suspend any Rule.
(f) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 68)
68. Motion to Commit or Recommit. No motion to commit or
recommit a legislative measure to committee, being decided in the
negative, shall again be allowed on the same day, or at the same
stage of the legislative measure.
(House Rule 69)
69. Effective Date.
(a) A bill passed after May 31 of a calendar year shall not
become effective prior to June 1 of the next calendar year unless an
earlier effective date is specified in the bill and it is approved by
the affirmative vote of 71 members elected.
(b) If a majority of those elected, but fewer than 71, vote
affirmatively for a bill on Third Reading after May 31 and the bill
specifies an effective date earlier than the following June 1, the
bill has not passed, but the Principal Sponsor has the right to have
the bill automatically reconsidered and returned to the order of
Second Reading for an amendment to remove the earlier effective date.
The amendment, if offered and referred to the House by a committee,
shall be reproduced and placed on the desks of the members, in the
same manner as provided for bills under Rule 39, before the bill is
taken up again on the order of Third Reading.
(House Rule 70)
70. Home Rule. No bill denies or limits any power or function
of a home rule unit under paragraph (g), (h), (i), (j), or (k) of
Sec. 6 of Article VII of the Constitution unless there is specific
language limiting or denying the power or function and the language
specifically sets forth in what manner and to what extent it is a
denial or limitation of the power or function of a home rule unit. If
a majority of those elected, but fewer than 71, vote affirmatively
for a bill on Third Reading that requires the affirmative vote of 71
members elected to deny or limit a power of a home rule unit, the
110 JOURNAL OF THE [January 26, 1999]
bill has not passed, but the Principal Sponsor has the right to have
the bill automatically reconsidered and returned to the order of
Second Reading for an amendment to remove those effects of the bill.
The amendment, if referred to the House by a committee, shall be
reproduced and placed on the desks of the members, in the same manner
as provided for bills under Rule 39, before the bill is taken up
again on the order of Third Reading.
ARTICLE VII
CONFLICTS OF INTEREST
(House Rule 71)
71. Conflicts of Interest.
(a) A Committee on Conflicts of Interest is created. It shall
consist of 4 members appointed by the Speaker and 4 members appointed
by the Minority Leader. The Speaker shall designate one of the
members as Chairperson. The Minority Leader shall designate one of
the minority caucus members as Minority Spokesperson. The Committee
shall not have a Vice-Chairperson.
(b) The Committee shall study the problems of conflicts of
interest in relation to the responsibilities of legislators and the
laws relating thereto, including the Illinois Governmental Ethics
Act. The Committee shall develop guidelines for the conduct of
members in regard to conflicts of interest, including procedures for
appropriate disclosure of the existence of conflicts. The Committee
shall also recommend changes in the law determined to be desirable to
assure members appropriate guidance in their conduct. Any report of
the Committee shall be filed with the Clerk, who shall reproduce the
report and distribute it to each member, in the same manner as
provided for bills under Rule 39.
ARTICLE VIII
JOINT ACTION
(House Rule 72)
72. Concurring in or Receding from Amendments.
(a) If a bill or resolution is received back in the House with
one or more amendments added by the Senate, it is in order for the
Principal Sponsor to present a motion "to concur" or "not to concur
and to ask the Senate to recede" with respect to each, several, or
all of those amendments. Any 2 members may demand a separate record
vote on any of those amendments.
(b) When the Senate has refused to concur in one or more
amendments added to a bill or resolution by the House and has
returned the bill or resolution to the House with a message
requesting the House to recede from one or more of its amendments, it
is in order for the Principal Sponsor to present a motion "to recede"
from the House amendments or "not to recede and to request a
conference". Any 2 members may demand a separate record vote on any
of those amendments.
(House Rule 73)
73. Conference Committees.
(a) A disagreement between the House and Senate exists with
respect to any bill or resolution in the following situations:
(1) when the Senate refuses to recede from the adoption of
any amendment, after the House has previously refused to concur
in the amendment; or
(2) when the House refuses to recede from the adoption of
any amendment, after the Senate has previously refused to concur
in the amendment.
In those cases of disagreement between the House and Senate, the
HOUSE OF REPRESENTATIVES 111
House may request a conference. When such a request is made, both
chambers of the General Assembly shall appoint members to a committee
to confer on the subject of the bill or resolution giving rise to the
disagreement. The combined membership of the 2 chambers appointed
for that purpose is the conference committee.
(b) The conference committee shall consist of 5 members from
each chamber of the General Assembly. The number of majority caucus
members from each chamber shall be one more than the number of
minority caucus members from each chamber.
(c) Each conference committee shall be comprised of 5 members of
the House, 3 appointed by the Speaker and 2 appointed by the Minority
Leader. No conference committee report may be filed with the Clerk
until a majority of the House conferees has been appointed.
(House Rule 74)
74. Conference Committee Reports.
(a) No subject matter shall be included in any conference
committee report on any bill unless that subject matter directly
relates to the matters of difference between the House and Senate
that have been referred to the conference committee unless the Rules
Committee, by a majority vote of the members appointed, determines
that the proposed subject matter is of an emergency nature, is of
substantial importance to the operation of government, or is in the
best interests of Illinois.
(b) No conference committee report shall be received by the
Clerk or acted upon by the House unless it has been signed by at
least 6 conferees. The report shall be signed in duplicate. One of
the reports shall be filed with the Secretary of the Senate and one
with the Clerk. The report shall contain the agreements reached by
the committee.
(c) If the conference committee determines that it is unable to
reach agreement, the committee shall so report to each chamber of the
General Assembly and request appointment of a second conference
committee. If there is agreement, the committee shall so report to
each chamber.
(House Rule 75)
75. House Consideration of Joint Action.
(a) No joint action motion for final action or conference
committee report may be considered by the House unless it has first
been referred to the House by the Rules Committee or a standing
committee or special committee in accordance with Rule 18, or unless
the joint action motion or conference committee report has been
discharged from the Rules Committee under Rule 18. Joint action
motions for final consideration and conference committee reports
referred to a standing committee or special committee by the Rules
Committee may not be discharged from the standing committee or
special committee. This subsection (a) may be suspended by unanimous
consent.
(b) No conference committee report may be considered by the
House unless it has been reproduced and placed on the members' desks,
in the same manner as provided for bills under Rule 39, for one full
session day before May 1st, or one full hour on or after May 1st.
(c) Before any conference committee report on an appropriation
bill is considered by the House, the conference committee report
shall first be the subject of a public hearing by a standing
Appropriations Committee or a special committee (the conference
committee report need not be referred to an Appropriations Committee
or special committee, but instead may remain before the Rules
Committee or the House, as the case may be). The hearing shall be
held pursuant to not less than one hour advance notice by
announcement on the House floor, or one day advance notice by posting
on the House bulletin board. An Appropriations Committee or special
112 JOURNAL OF THE [January 26, 1999]
committee shall not issue any report with respect to the conference
committee report following the hearing.
(d) Any House Bill amended in the Senate and returned to the
House for concurrence in the Senate amendment shall lie upon the desk
of the Clerk for not less than one hour before being further
considered.
(e) No House Bill that is returned to the House with Senate
amendments may be called except by the Principal Sponsor, or by a
chief co-sponsor with the consent of the Principal Sponsor. This
subsection may not be suspended.
(f) Except as otherwise provided in Rule 74, the report of a
conference committee on a non-appropriation bill or resolution shall
be confined to the subject of the bill or resolution referred to the
conference committee. The report of a conference committee on an
appropriation bill shall be confined to the subject of
appropriations.
(House Rule 76)
76. Action on Conference Committee Reports.
(a) Each chamber of the General Assembly shall inform the other
by message of any action taken with respect to a conference committee
report. Copies of all papers necessary for a complete understanding
of the action shall accompany the message. The original bill or
resolution shall remain in the chamber of origin.
(b) No conference committee report may be called except by the
Principal Sponsor of the bill for which the conference committee was
appointed. A chief co-sponsor may call a conference committee report
with the consent of the Principal Sponsor. This subsection may not be
suspended.
(c) If either chamber refuses to adopt the report of the
conference committee, or the first conference committee is unable to
reach agreement, either chamber may request a second conference
committee. When such a request is made, each chamber shall again
appoint a conference committee. If either chamber refuses to adopt
the report of a second conference committee, the 2 chambers shall
have adhered to their disagreement, and the bill or resolution is
lost.
ARTICLE IX
VETOES
(House Rule 77)
77. Recording of Vetoes. Upon the receipt by the House of any
bill returned by the Governor under any of the provisions of Article
IV, Sec. 9 of the Constitution, the Clerk shall enter the objections
of the Governor on the Journal, and shall distribute copies of all
veto messages to each member's desk, together with copies of the
vetoed bill or item, as soon as practical, in the same manner as for
bills under Rule 39.
(House Rule 78)
78. Amendatory Vetoes.
(a) The Principal Sponsor of a bill that has been passed by the
General Assembly may request the Clerk to notify the Governor that
the Principal Sponsor wishes to be consulted by the Governor or his
or her designee before the Governor returns the bill together with
specific recommendations for change under subsection (e) of Section 9
of Article IV of the Illinois Constitution.
(b) Any bill returned by the Governor together with specific
recommendations for change under subsection (e) of Section 9 of
Article IV of the Illinois Constitution is automatically referred to
the Rules Committee and shall be considered as provided in this Rule.
(c) The Governor's specific recommendations for change with
respect to a bill returned under subsection (e) of Section 9 of
Article IV of the Illinois Constitution shall be limited to
HOUSE OF REPRESENTATIVES 113
addressing the Governor's objections to portions of a bill the
general merit of which the Governor recognizes and shall not alter
the fundamental purpose or legislative scheme set forth in the bill
as passed.
(d) Any bill returned by the Governor together with specific
recommendations for change shall be reviewed by the Rules Committee.
The Rules Committee shall examine the Governor's specific
recommendations for change and determine by a majority of the members
appointed whether those recommendations comply with the standard set
forth in subsection (c). Any bill that the Rules Committee
determines is in compliance with subsection (c) of this Rule shall be
subject to action by the Rules Committee in the same manner as floor
amendments, joint action motions, and conference committee reports
under Rule 18(e).
(e) This rule may not be suspended.
(House Rule 79)
79. Motions to Consider Vetoes. For purposes of this Article,
the term "motions" means motions to accept or override a veto of the
Governor. Motions with respect to bills returned by the Governor may
be made by the Principal Sponsor, the committee Chairperson in the
case of a committee-sponsored bill, or if Co-Chairpersons have been
appointed, by the Co-Chairperson of the majority caucus in the case
of special committee-sponsored bills. Motions shall be filed in
writing with the Clerk. All motions shall be assigned standard
debate status, subject to Rule 52.
(House Rule 80)
80. Consideration of Motions.
(a) The vote to override a veto of a bill vetoed in its entirety
shall be by record vote and shall be entered on the Journal. The form
of motion with respect to these bills shall be: "I move that
________ Bill _____ do pass, notwithstanding the veto of the
Governor."
(b) The vote to override an item veto shall be by record vote as
to each item separately and shall be entered on the Journal. The
form of motion with respect to an item shall be: "I move that the
item on page ____, line ____, of ____ Bill _____ do pass,
notwithstanding the item veto of the Governor."
(c) The vote to restore an item that has been reduced shall be
by record vote as to each item separately and shall be entered on the
Journal. The form of motion with respect to an item shall be: "I
move that the item on page ____, line ____, of ____ Bill ____ be
restored, notwithstanding the item reduction of the Governor."
(d) A bill returned together with specific recommendations of
the Governor may be acted upon, by record vote, in either of the
following manners:
(1) By a motion to accept the specific recommendations of
the Governor. The form of motion shall be: "I move to accept the
specific recommendations of the Governor as to _____ Bill _____
in manner and form as follows: (inserting herein the language
deemed necessary to effectuate the specific recommendations).";
or
(2) By considering the bill as a vetoed bill and overriding
the recommendation and passing the bill in its original form.
The form of motion shall be: "I move that _____ Bill _____ do
pass, notwithstanding the specific recommendations of the
Governor.".
(House Rule 81)
81. Vetoed Bills Considered in Entirety. If a bill is returned
by the Governor containing more than one item veto, reduction veto,
specific recommendation for change, or combination of them, the bill
shall be acted upon in its entirety before the bill is released from
114 JOURNAL OF THE [January 26, 1999]
the custody of the House.
(House Rule 82)
82. Disposition of Vetoes. When a bill or item has received the
affirmative vote of the number of members elected necessary under the
Constitution, the Presiding Officer shall declare that the bill or
item has been passed or restored over the veto of the Governor, or
that the specific recommendations for change have been approved, as
the case may be. The bill shall then be attested to by the Clerk who
shall note thereon the day the bill passed. The bill and the
objections of the Governor shall then be immediately delivered to the
Senate. When specific recommendations have been accepted, then the
accepting language shall be attached to the original bill, and the
bill shall be delivered to the Senate.
ARTICLE X
ELECTION CONTESTS AND QUALIFICATIONS CHALLENGES
(House Rule 83)
83. Election Contests and Qualifications Challenges.
(a) An election contest places in issue only the validity of the
results of an election of a member to the House in a representative
district. An election contest may result only in a determination of
which candidate in that election was properly elected to the House
and shall be seated.
(b) A qualifications challenge places in issue only the
qualifications of an incumbent member of the House under the
Constitution, or the legality of an appointment of a person as a
member of the House to fill a vacancy. A qualifications challenge
may result only in a determination of whether a member of the House
is properly seated.
(c) Election contests and qualifications challenges shall be
brought and conducted as provided in these Rules.
(d) If an election contest or qualifications challenge is filed
with the Clerk, the Speaker shall create an Election Contest or
Qualifications Challenge Committee, as the case may be, within 3
legislative days by filing a notice with the Clerk. The creation of
any committee under this Rule shall be governed by Rule 10. The
election contest or qualifications challenge shall be automatically
referred to the Election Contest or Qualifications Challenge
Committee, as the case may be. For purposes of this Article, the term
"committee" means only the Election Contest or Qualifications
Challenge Committees created under this Rule. This subsection may
not be suspended.
(e) The committee may adopt rules to govern election contests
and qualifications challenges, but those committee rules must be
consistent with these Rules, must be filed with the Clerk, and must
be made available to all parties and to the public. Any committee
rule shall be subject to amendment, suspension, or repeal by House
resolution.
(House Rule 84)
84. Initiating Election Contests.
(a) Election contests may be brought only by a registered voter
of the representative district or by a member of the House.
(b) Election contests may be brought only by the procedures and
within the time limits established by the Election Code. Notice of
intention to contest shall be served on the person certified as
elected to the House from the representative district within the time
limits established by the Election Code. The requirements of this
subsection apply to a member of the House appointed to fill a vacancy
the same as if that member had been elected to the House.
(c) Within 10 days after the convening of the House in January
following the general election contested, each contestant shall file
with the Clerk a petition of election contest and shall serve the
HOUSE OF REPRESENTATIVES 115
petition on the incumbent member of the House from the representative
district. A petition of election contest shall allege the
contestant's qualifications to bring the contest and to serve as a
member of the House, that he or she believes that a mistake or fraud
has been committed in specified precincts in the counting, return, or
canvass of the votes, or that there was some other specified
irregularity in the conduct of the election in specified precincts.
A petition of election contest shall contain a prayer specifying the
relief requested and the precincts in which a recount or other
inquiry is desired. A petition of election contest shall be verified
by affidavit swearing to the truth of the allegations or based upon
information and belief, and shall be accompanied by proof of service
on all respondents.
(d) A notice of intent to contest may not be amended to cure a
defect under the statutory requirements. A petition of election
contest, if filed and served after the notice of intention to
contest, may not raise points not expressed in the notice.
(e) The incumbent member of the House from the representative
district is a necessary party to the initiation of an election
contest.
(House Rule 85)
85. Initiating Qualifications Challenges.
(a) Qualifications challenges may be brought only by a
registered voter of the representative district of the representative
challenged or by a member of the House.
(b) Qualifications challenges must be brought within 90 days
after the day the challenged member takes his or her oath of office
as a member of the House, or within 90 days after the day the
petitioner first learns of the information on which the challenge is
based, whichever occurs later.
(c) A qualifications challenge shall be brought by filing a
petition of qualifications challenge with the Clerk, and by serving a
copy of the petition on the respondent member of the House. The
petition must be accompanied by proof of personal service upon the
respondent member and must be verified by affidavit swearing to the
truth of the allegations or based upon information and belief. A
petition of qualifications challenge shall set forth the grounds on
which the respondent member is alleged to be constitutionally
unqualified, or on which his or her appointment to the House is
claimed to be legally improper, the qualifications of the petitioner
to bring the challenge, and a prayer for relief.
(House Rule 86)
86. Contests and Challenges; Due Process.
(a) Election contests and challenges shall be heard and
determined as expeditiously as possible under adversary procedures
wherein each party to the proceedings has a reasonable opportunity to
present his or her claim, to present any defense and arguments, and
to respond to those of his or her opponents. All parties may be
represented by counsel.
(b) Election contests and qualifications challenges shall be
heard and determined in accordance with the applicable provisions of
the Election Code and other Illinois statutes, the Illinois
Constitution, and the United States Constitution. Judicial decisions
that bear on a point of law in a contest or challenge shall be
admissible in the arguments of the parties and the deliberations and
decisions of the committee. Judicial decisions applicable to a point
of law or to a fact situation to the committee shall be given weight
as precedent.
(c) In addition to notice of meetings required under these
Rules, the committee and any subcommittee shall give notice to all
parties reasonably in advance of each meeting or other proceeding.
116 JOURNAL OF THE [January 26, 1999]
The committee shall also give notice of all rules, timetables, or
deadlines adopted by the committee. Notice under this subsection
shall be in writing and shall be given either personally with
receipt, or by certified mail (return receipt requested) addressed
to the party at his or her place of residence, and to his or her
attorney of record at the attorney's office if so requested by the
party.
(House Rule 87)
87. Committee Proceedings and Powers in Contests and Challenges.
(a) All proceedings of the committee and any subcommittees
concerning election contests and qualifications challenges shall be
transcribed by a certified court reporter. Copies of the transcript
shall be made available to the members of the committee and to the
parties.
(b) The committee may dismiss an election contest or
qualifications challenge, or may determine to proceed to a recount or
other inquiry. The committee may limit the issues to be determined
in a contest or challenge, except that when a recount is conducted in
an election contest, any precinct timely requested by any party to be
recounted shall be recounted by the committee.
(c) In conducting inquiries, investigations, and recounts in
election contests and qualifications challenges, the committee has
the power to send for and compel the attendance of witnesses and the
production of books, papers, ballots, documents, and records by
subpoena signed by the Chairperson of the committee as provided by
law and subject to Rule 4(c)(9). In conducting proceedings in
election contests and qualifications challenges, the Chairperson of
the committee and the Chairperson of any subcommittee may administer
oaths to witnesses, as provided by law, and for this purpose a
subcommittee is deemed to be a committee of the House.
(d) The committee may issue commissions by its Chairperson to
any officer authorized to take depositions of any necessary witnesses
as may be permitted by law. In recounting the ballots in any
election contest, however, no person other than a member of the
committee shall handle any ballots, tally sheets, or other election
materials without consent of the committee or subcommittee. The
responsibility for the actual recounting of ballots may not be
delegated.
(e) The committee shall maintain an accurate and complete record
of proceedings in every election contest and qualifications
challenge. That record shall include all notices and pleadings, the
transcripts and roll call votes, all reports and dissents, and all
documents that were admitted into the proceeding. The committee
shall file the record with the Clerk of the House upon the adoption
of its final report. The record shall then be available for
examination in the Clerk's office.
(f) With the approval of the Speaker, the committee may employ
clerks, stenographers, court reporters, professional staff, and
messengers.
(House Rule 88)
88. Adoption of Reports in Contests and Challenges.
(a) All final decisions of the committee regarding an election
contest or qualification challenge shall be approved by a majority of
the members appointed to the committee and reported in writing to the
House. Reports shall include a specific recommendation to the House
as to the disposition of the contest or challenge. Final reports
following full inquiry on the merits of a contest or challenge shall
contain findings of fact and, when necessary, conclusions of law.
(b) Any member of the committee may file a dissent from a report
of the committee, a minority report, or a special concurrence with
the majority report or with any minority report.
HOUSE OF REPRESENTATIVES 117
(c) A subcommittee shall report to the committee in writing in
the same form as required for the committee report. Subcommittee
members may file dissents, reports, and special concurrences.
(d) Reports shall not be adopted by the committee or a
subcommittee until a hearing has been held thereon, with notice to
all parties and a reasonable opportunity to examine and respond to a
proposed majority report.
(e) Reports of the committee shall be filed with the Clerk,
reproduced, and placed on the members' desks, along with any
dissents, minority reports, or special concurrences, in the same
manner as provided for bills under Rule 39. The report shall be
listed on the calendar under the heading "Report of Election Contest"
or "Report of Qualifications Challenge". The report shall be carried
on the Daily Calendar for 2 legislative days before any action by the
House.
(f) The House shall adopt the majority report or a minority
report in an election contest or qualifications challenge or shall
refuse to adopt any report filed and re-refer the contest or
challenge to the committee for further proceedings or for a modified
report. A report that has the effect of unseating an incumbent
member of the House shall be adopted only by the affirmative vote of
60 members elected.
(g) Each party to a contest or challenge shall file with the
Clerk of the committee within 10 days after the filing of the final
report a detailed statement of attorney's fees and expenses incurred
by that party in connection with the case. The committee shall make
recommendations to the House concerning reimbursement of attorney's
fees and the expenses of the parties. The recommendation shall not
exceed a sum that is reasonable, just, and proper.
ARTICLE XI
DISCIPLINE AND PROTEST
(House Rule 89)
89. Disorderly Behavior.
(a) In accordance with Article IV, Sec. 6(d) of the
Constitution, the House may punish any of its members for disorderly
behavior and, with the concurrence of two-thirds of the members
elected, expel a member (but not for a second time for the same
offense). The reason for expulsion shall be entered upon the Journal
with the names and votes of those members voting on the question.
(b) In accordance with Article IV, Sec. 6(d) of the
Constitution, the House during its session may punish by imprisonment
any person, not a member, guilty of disrespect to the House by
disorderly or contemptuous behavior in its presence. That
imprisonment shall not extend beyond 24 hours at one time unless the
person persists in disorderly or contemptuous behavior.
(House Rule 90)
90. Protest. Any 2 members have the right to dissent and
protest, in respectful language, against any act or resolution that
they may think injurious to the public or to any individual, and have
the reason of their protest entered upon the Journal. When by motion
a majority of members determines that the language of a protest is
not respectful, the protest shall be referred back to the protesting
members.
ARTICLE XII
DISCIPLINARY PROCEEDINGS
(House Rule 91)
91. Initiating Disciplinary Proceedings.
(a) Disciplinary proceedings may be commenced by filing with the
Speaker a petition for a special investigating committee. The
petition must be signed by at least one member of the House, and
shall contain suggested charges which, if true, may subject the
118 JOURNAL OF THE [January 26, 1999]
member named in the petition to disciplinary action by the House. If
the petition is signed by 3 or more members of the House, the Speaker
shall appoint 3 members of the majority caucus and the Minority
Leader shall appoint 3 members of the minority caucus to a special
investigating committee. If the petition is signed by fewer than 3
members of the House, the Speaker shall consult the member named in
the petition, and unless that member objects in writing, the Speaker
and the Minority Leader shall appoint a special investigating
committee. If the member named in the petition objects to the
appointment of a special investigating committee, any member who
signed a petition for an investigation under this Rule may introduce
a resolution to initiate disciplinary proceedings. Unless a
resolution initiating disciplinary proceedings is introduced under
this Rule, the contents of a petition for a special investigating
committee shall be confidential except as to the member named, the
members signing it, the Speaker, and the members of a special
investigating committee.
(b) A resolution to initiate disciplinary proceedings shall be
substantially in the following form:
"BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE
______________ GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that a
Special Investigating Committee be appointed to investigate
allegations concerning the conduct of Representative
_______________________, which, if true, may subject that member to
disciplinary action by the House of Representatives."
A resolution to initiate disciplinary proceedings may be
introduced only as permitted under this Rule. It is improper to
attempt to initiate disciplinary proceedings in any manner not
authorized by this Rule.
(c) A resolution to initiate disciplinary proceedings shall not
be assigned to committee, notwithstanding the provisions of Rule
15. The resolution shall lie on the Speaker's Table and shall be
called within 5 legislative days.
(d) A resolution to initiate disciplinary proceedings is
debatable.
(e) A resolution initiating disciplinary proceedings may be
adopted only by the affirmative vote of 60 members elected.
(f) This Rule may be suspended only by unanimous consent.
(House Rule 92)
92. Preliminary Investigation.
(a) Pursuant to a petition or upon the adoption of a resolution
initiating disciplinary proceedings, as provided in Rule 91, a
special investigating committee consisting of 6 members shall be
appointed, of whom 3 shall be appointed by the Speaker from the
majority caucus and 3 shall be appointed by the Minority Leader from
the minority caucus. The Speaker shall appoint the Chairperson of
the special investigating committee from among the 6 members.
Sponsors of the initiating resolution may not be appointed to the
special investigating committee.
(b) The special investigating committee shall conduct a thorough
investigation of all allegations and charges of impropriety
concerning the member named in the initiating resolution that are
brought to its attention to determine if reasonable grounds exist to
bring charges against the member for formal disciplinary proceedings
by the House. The special investigating committee shall meet with
the Principal Sponsor of the initiating resolution at its initial
meeting.
At the initial meeting, the Principal Sponsor of the initiating
resolution shall submit to the special investigating committee a
written list of suggested charges. The list shall define the scope of
the inquiry or investigation pursuant to the initiating resolution.
HOUSE OF REPRESENTATIVES 119
If the Principal Sponsor of the initiating resolution fails to submit
a list, the special committee shall report a resolution of
exoneration.
The Principal Sponsor of the initiating resolution shall also
submit to the special investigating committee all information he or
she may have relevant to the charges and allegations.
(c) The special investigating committee shall conduct all of its
proceedings in executive session, and shall maintain strict
confidence as to all of its proceedings and all witnesses, testimony,
information, and exhibits that may come before it. No transcript or
record of proceedings shall be taken. This subsection shall be
adopted and effective upon an affirmative vote of 79 members. This
subsection may not be suspended.
(d) Except for its initial meeting, any posting or notice
requirements do not apply to meetings of the special investigating
committee, but the Chairperson shall give notice of all meetings to
the member named in and the Principal Sponsor of the initiating
resolution and shall give reasonable notice to the public. The
member who is the subject of the initiating resolution has the right
to counsel during proceedings of the special investigating committee.
(e) Except for subsection (c), this Rule may be suspended only
by the affirmative vote of 71 members elected.
(House Rule 93)
93. Report of Special Investigating Committee.
(a) The special investigating committee shall report in writing.
All reports shall be signed by the members supporting the report.
(b) If a majority of the members of the special committee
determines to prefer charges, it shall file with the Clerk a formal
statement of charges and specifications, and shall appoint 2 members
of the House, one from the majority caucus and one from the minority
caucus, who are not members of the special investigating committee to
be managers for the House at the hearing on the charges. The
statement of charges shall constitute the report of the special
committee, but the special committee in its discretion may file a
supplementary report stating its reasons for not bringing any other
charges that may have been suggested to it.
(c) If the special committee determines not to prefer charges,
it shall file with the Clerk a resolution exonerating the member
named in the initiating resolution together with a report stating its
reasons for not preferring charges.
(d) If the special committee cannot by majority vote of its
members determine whether to prefer charges, the committee shall file
with the Clerk a resolution of exoneration and a report stating the
affirmative reasons for not preferring charges. That report shall be
signed by all members of the special investigating committee,
regardless of their original vote in the committee proceedings on
whether to prefer charges.
(e) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 94)
94. Select Committee on Discipline.
(a) When charges are preferred against any member of the House
under Rule 93, the Speaker and the Minority Leader shall appoint a
committee, to be known as a select committee on discipline, to hear
and determine the charges. The select committee shall consist of 12
members of the House, 6 of whom shall be appointed by the Speaker
from the majority caucus and 6 of whom shall be appointed by the
Minority Leader from the minority caucus. The Speaker shall appoint
a Chairperson of the select committee from among the 12 members. No
member who served on the special investigating committee or any
sponsor of the initiating resolution may be appointed to the select
120 JOURNAL OF THE [January 26, 1999]
committee.
(b) All appointments to a select committee on discipline shall
be completed and the select committee shall convene within 30 days
after the filing of charges for which the committee is appointed.
(c) This Rule may be suspended only by the affirmative vote of
79 members elected.
(House Rule 95)
95. Hearings on Disciplinary Charges.
(a) Proceedings before the select committee on discipline shall
be adversary in form, with the managers for the House presenting the
case for disciplinary action. The respondent member may be
represented by counsel.
(b) Stipulations of fact shall be encouraged by the select
committee.
(c) The rules of evidence applicable to criminal proceedings
apply except as may be waived by the managers or respondent, as may
be appropriate.
(House Rule 96)
96. Report of Select Committee.
(a) The committee shall vote on each specification and charge,
except that a vote of exoneration on a charge shall be a vote as to
all specifications under that charge. All final votes on the merits
of a charge or specification shall be by record vote.
(b) A finding of fault or exoneration on any specification or
charge requires an affirmative vote of a majority of the members
appointed to the select committee.
(c) The committee shall file a report of its findings on each
specification and charge and a recommendation as to penalty with the
Clerk. The report shall state the reasons for each conclusion and
recommendation. If the committee finds the respondent member
exonerated regarding any charge, it shall report a resolution of
exoneration together with its report. If the select committee finds
the respondent member at fault regarding any charge, it shall report
a resolution embodying its findings and recommended penalty.
(d) If a select committee reports a finding of fault regarding
any charge, any member of the select committee may file a minority
report with the Clerk either dissenting from a finding, reason, or
recommendation in the majority report or stating a concurrence on
different grounds. A dissenting report may include a resolution of
exoneration as to any charge or specifications.
(e) When a select committee has found a member at fault
regarding a charge, the committee shall adopt a recommendation for
disciplinary action. The committee may recommend a reprimand, a
censure, expulsion from the House, or that no penalty be invoked.
The recommendation on disciplinary action requires an affirmative
vote of the majority of the members appointed to the select
committee.
(f) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 97)
97. House Action on Disciplinary Reports.
(a) The report of a select committee, together with any
dissenting or concurring reports, and any accompanying resolution,
shall be reproduced and placed on the members' desks, in the same
manner as for bills under Rule 39. The report shall be placed on the
calendar under the heading "Report of Select Committee on
Discipline". The report shall be carried on the Daily Calendar for 2
legislative days before any action by the House.
(b) If the report of a select committee or a special
investigating committee exonerates the respondent member, the House
shall take up the resolution or re-refer the case to the committee
HOUSE OF REPRESENTATIVES 121
for further proceedings.
(c) If the select committee reports a finding of fault as to any
charge, the House shall take up the resolution for disciplinary
action together with any minority resolutions. The House may amend a
resolution for disciplinary action to decrease the recommended
penalty.
(d) The House shall take action by a record vote on each
resolution. Adoption of a resolution finding the respondent member
at fault regarding charges and specifications shall dispose of any
minority resolution of exoneration on those charges and
specifications. If the House adopts a resolution of exoneration as
to any charge or specification, a majority resolution shall be
amended in accord with that disposition of those charges and
specifications before it may be called for a final vote. If the
adoption of exoneration resolutions disposes of all the charges and
specifications in a majority resolution for disciplinary action, the
majority resolution shall be tabled.
(e) Following record votes on all majority and minority
resolutions arising out of a select committee finding of fault on a
charge or specification, if there remains any charge or specification
on which the House has neither exonerated the member or adopted a
finding of fault, then any member may introduce and move a resolution
of exoneration on that charge or specification.
(f) A resolution finding a member at fault regarding a charge
may be adopted only by the affirmative vote of 71 members elected,
except that a resolution the effect of which is to expel a member may
be adopted only by the affirmative vote of 79 members elected.
(g) This Rule may be suspended only by the affirmative vote of
79 members elected.
ARTICLE XIII
FORCE AND EFFECT
(House Rule 98)
98. Applicability. The meetings and actions of the House,
including all of its committees, are governed by these House Rules.
(House Rule 99)
99. Parliamentary Authority. The rules of parliamentary
practice appearing in the latest edition of Robert's Rules of Order
govern the House in all cases to which they apply so long as they are
not inconsistent with these Rules.
(House Rule 100)
100. Certification by Speaker. With respect to each bill that
is certified by the Speaker in accordance with Article IV, Sec. 8(d)
of the Constitution, there is an irrebuttable presumption that the
procedural requirements for passage have been met.
(House Rule 101)
101. Effective Date. These rules are in full force and effect
upon their adoption, and shall remain in full force and effect except
as amended in accordance with these Rules, or until superseded by new
rules adopted as part of the organization of a newly-constituted
General Assembly at the commencement of a term.
ARTICLE XIV
DEFINITIONS
(House Rule 102)
102. Definitions. As used in these Rules, terms have the
meanings ascribed to them as follows, unless the context clearly
requires a different meaning:
(1) Chairperson. "Chairperson" means that Representative
designated by the Speaker to serve as chair of a committee.
(2) Co-Chairperson. "Co-Chairperson" means a
Representative designated by the Speaker to serve as co-chair of
a special committee.
122 JOURNAL OF THE [January 26, 1999]
(3) Clerk. "Clerk" means the elected Clerk of the House.
(4) Committee. "Committee" means a committee of the House
and includes a standing committee, the Rules Committee, a special
committee, the Committee on Conflicts of Interest, committees
created under Article X and Article XII of these Rules, and a
subcommittee of a committee. "Committee" does not mean a
conference committee, and the procedural and notice requirements
applicable to committees do not apply to conference committees.
(5) Constitution. "Constitution" means the Constitution of
the State of Illinois.
(6) General Assembly. "General Assembly" means the current
General Assembly of the State of Illinois.
(7) House. "House" means the House of Representatives of
the General Assembly.
(8) Joint Action Motions. "Joint action motions" means the
following motions before the House: to concur in a Senate
amendment, to non-concur in a Senate amendment, to recede from a
House amendment, to refuse to recede from a House amendment, to
request that a conference committee be appointed, and to adopt a
conference committee report.
(9) Legislative Digest. "Legislative Digest" means the
Legislative Synopsis and Digest that is prepared by the
Legislative Reference Bureau of the General Assembly.
(10) Legislative Measures. "Legislative measures" means
all matters brought before the House for consideration, whether
originated in the House or Senate, and includes bills,
amendments, resolutions, conference committee reports, motions,
messages, notices, and Executive Orders from the executive
branch.
(11) Majority. "Majority" means a majority of those
members present and voting on a question. Unless otherwise
specified with respect to a particular House Rule, for purposes
of determining the number of members present and voting on a
question, a "present" vote shall not be counted.
(12) Majority Caucus. "Majority caucus" means that group
of Representatives from the numerically strongest political party
in the House.
(13) Majority of those Appointed. "Majority of those
appointed" means a majority of the total number of
Representatives authorized under these Rules to be appointed to a
committee.
(14) Majority of those Elected. "Majority of those
elected" means a majority of the total number of Representatives
entitled to be elected to the House, regardless of the number of
elected or appointed Representatives actually serving in office.
So long as 118 Representatives are entitled to be elected to the
House, "majority of those elected" means 60 affirmative votes; 71
affirmative votes means three-fifths of the members elected; and
79 affirmative votes means two-thirds of the members elected.
(15) Member. "Member" means a Representative. Where the
context so requires, "member" may also mean a Senator of the
Illinois Senate.
(16) Members Appointed. "Members appointed" means the
total number of Representatives authorized under these Rules to
be appointed to a committee.
(17) Members Elected. "Members elected" means the 118
Representatives entitled to be elected to the House, regardless
of the number of elected or appointed Representatives actually
serving in office.
(18) Minority Caucus. "Minority caucus" means that group
of Representatives from the second numerically strongest
HOUSE OF REPRESENTATIVES 123
political party in the House.
(19) Minority Leader. "Minority Leader" means the Minority
Leader of the House elected under Rule 2.
(20) Minority Spokesperson. "Minority spokesperson" means
that Representative designated by the Minority Leader to serve as
the minority spokesperson of a committee.
(21) Perfunctory Session. "Perfunctory session" means the
convening of the House, pursuant to the scheduling of the
Speaker, for purposes consistent with Rule 28.
(22) Presiding Officer. "Presiding Officer" means that
Representative serving as the presiding officer of the House,
whether that Representative is the Speaker or another
Representative designated by the Speaker under Rule 4.
(23) Principal Sponsor. "Principal sponsor" means the
first listed House sponsor of any legislative measure; with
respect to a standing committee-sponsored bill or resolution, it
means the Chairperson of the committee; with respect to a special
committee-sponsored bill or resolution, it means the
Co-Chairperson from the majority caucus.
(24) Record Vote. "Record vote" means a vote by ayes and
nays entered on the journal.
(25) Representative. "Representative" means any duly
elected or duly appointed Illinois State Representative, and
means the same as "member".
(26) Senate. "Senate" means the Senate of the General
Assembly.
(27) Speaker. "Speaker" means the Speaker of the House
elected as provided in Rule 1.
(28) Term. "Term" means the 2-year term of a General
Assembly.
(29) Vice-Chairperson. "Vice-Chairperson" means that
Representative designated by the Speaker to serve as
Vice-Chairperson of a committee.
HOUSE RESOLUTION 31
Offered by Representative Currie:
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the
House of Representatives of the Ninety-first General Assembly are
amended by changing Rule 22 as follows:
(House Rule 22)
22. Committee Procedure.
(a) A committee may consider any legislative measure referred to
it, except as provided in subsection (b), and may make with respect
to that legislative measure one of the following reports to the House
or to the parent committee, as appropriate:
(1) that the bill "do pass";
(2) that the bill "do not pass";
(3) that the bill "do pass as amended";
(4) that the bill "do not pass as amended";
(5) that the resolution "be adopted";
(6) that the resolution "be not adopted";
(7) that the resolution "be adopted as amended";
(8) that the resolution "be not adopted as amended";
(9) that the floor amendment, joint action motion, or
conference committee report referred by the Rules Committee "be
adopted";
(10) that the floor amendment, joint action motion, or
conference committee report referred by the Rules Committee "be
not adopted";
124 JOURNAL OF THE [January 26, 1999]
(11) "without recommendation"; or
(12) "tabled".
Any of the foregoing reports may be made only upon the
concurrence of a majority of those appointed. All legislative
measures reported "do pass", "do pass as amended", "be adopted", or
"be adopted as amended" are favorably reported to the House. Except
as otherwise provided by these Rules, any legislative measure
referred or re-referred to a committee and not reported under this
Rule shall remain in that committee.
(b) No bill or committee amendment that provides for an
appropriation of money from the State Treasury may be considered by
an Appropriations Committee unless the bill or committee amendment is
limited to appropriations to a single department, office, or
institution; this provision does not apply to floor amendments, joint
action motions, or conference committee reports.
No bill that provides for an appropriation of money from the
State Treasury may be considered for passage by the House unless it
has first been favorably reported by an Appropriations Committee or:
(1) the bill was discharged from an Appropriations
Committee under Rule 58;
(2) the bill was exempted from this requirement by a
majority of those appointed to the Rules Committee; or
(3) this Rule was suspended under Rule 67.
(c) The Chairperson of each committee, or Co-Chairperson from
the majority caucus of a special committee, shall keep, or cause to
be kept, a record in which there shall be entered:
(1) The time and place of each meeting of the committee.
(2) The attendance of committee members at each meeting.
(3) The votes cast by the committee members on all
legislative measures acted on by the committee.
(4) The "Record of Committee Witness" forms executed by
each person appearing or registering in each committee meeting,
which shall include identification of the witness, the person,
group, or firm represented by appearance and the capacity in
which the representation is made (if the person is representing
someone other than himself or herself), his or her position on
the legislation under consideration, and the nature of his or her
desired testimony.
(5) A tape recording of the proceedings.
(6) Such additional information as may be requested by the
Clerk.
(d) The committee Chairperson, or the Co-Chairperson from the
majority caucus of a special committee, shall file with the Clerk,
along with every bill or resolution reported upon, a written report
containing such information as required by the Clerk. The Clerk may
adopt forms, policies, and procedures with respect to the
preparation, filing, and maintenance of the reports.
(e) When a committee fails to report a legislative measure
pending before it to the House, or when a committee fails to hold a
public hearing on a legislative measure pending before it, the
exclusive means to bring that legislative measure directly before the
House for its consideration is as provided in Rule 18 or Rule 58.
(f) No bill or resolution may be called for a vote in a standing
committee or special committee in the absence of the Principal
Sponsor. The Chairperson of a committee or a chief co-sponsor may
present a bill or resolution in committee with the approval of the
Principal Sponsor when the committee consents. In the case of special
committees with Co-Chairpersons from different political parties, the
"Chairperson" means the Co-Chairperson from the majority caucus. This
subsection may not be suspended.
(g) No bill or resolution may be voted on more than twice in any
HOUSE OF REPRESENTATIVES 125
committee on motions to report the bill or resolution favorably, or
to reconsider the vote by which the committee adopted a motion to
report the bill or resolution unfavorably. A bill or resolution
having failed to receive a favorable recommendation after 2 such
record votes shall be automatically reported with the appropriate
unfavorable recommendation.
(h) A bill or resolution shall be given short debate status by
report of the committee if the bill or resolution was favorably
reported by a three-fifths vote of the members present. Bills and
resolutions receiving favorable reports may be placed upon the
Consent Calendar as provided in Rule 42.
(i) This Rule may be suspended only by the affirmative vote of
71 members elected.
HOUSE RESOLUTION 32
Offered by Representative Currie:
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the
House of Representatives of the Ninety-first General Assembly are
amended by changing Rule 57 as follows:
(House Rule 57)
57. Appealing a Ruling.
(a) If any appeal is taken from a ruling of the Presiding
Officer, the Presiding Officer shall be sustained unless 71 of the
members elected vote to overrule the Presiding Officer.
Notwithstanding Rule 52, debate on a motion to appeal is limited to a
2-minute presentation by the Principal Sponsor or a member designated
by the Principal Sponsor, a 2-minute presentation by a member in
response, and one-minute for the Principal Sponsor to close debate,
or yield to other members. A motion to appeal is not in order if the
House has conducted intervening business since the ruling at issue
was made.
(b) If any appeal is taken from a ruling of a committee
Chairperson, the Chairperson shall be sustained unless three-fifths
of those appointed vote to overrule the Chairperson. A motion to
appeal is not in order if the committee has adjourned or recessed, or
if intervening business has occurred. In the case of special
committees with Co-Chairpersons from different political parties, the
"Chairperson" for purposes of this Rule is the Co-Chairperson from
the majority caucus.
(c) In an appeal of a ruling of the Presiding Officer or
Chairperson, the question is: "Shall the ruling of the Chair be
sustained?"
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
HOUSE RESOLUTION 33
Offered by Representative Currie:
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the
House of Representatives of the Ninety-first General Assembly are
amended by changing Rule 59 as follows:
(House Rule 59)
59. Previous Question.
(a) A motion for the previous question may be made at any time.
A motion for the previous question is not debatable and requires the
affirmative vote of 60 71 members elected.
(b) The previous question shall be stated in the following form:
"Shall the main question be put?" Until the previous question is
126 JOURNAL OF THE [January 26, 1999]
decided, all amendments and debate are precluded. When it is decided
that the main question shall not be put, the main question remains
under debate.
(c) The effect of the main question being ordered is to put an
end to all debate and bring the House to a direct vote on the
immediately pending motion. After a motion for the previous question
has been approved, unless the vote on that motion suggests the
absence of a quorum, it is not in order to move for adjournment or to
make any other motion before a decision on the main question.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
HOUSE RESOLUTION 34
Offered by Representative Currie:
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the following are
adopted as the Rules of the House of Representatives of the
Ninety-first General Assembly:
ARTICLE I
ORGANIZATION
(House Rule 1)
1. Election of the Speaker.
(a) At the first meeting of the House of each General Assembly,
the Secretary of State shall convene the House at 12:00 noon,
designate a Temporary Clerk of the House, and preside during the
nomination and election of the Speaker. As the first item of
business each day before the election of the Speaker, the Secretary
of State shall order the Temporary Clerk to call the roll of the
members to establish the presence of a quorum as required by the
Constitution. If a majority of those elected are not present, the
House shall stand adjourned until the next calendar day, excepting
weekends, at the hour prescribed in Rule 29. If a quorum of members
elected is present, the Secretary of State shall then call for
nominations of members for the Office of Speaker. All nominations
require a second. When the nominations are completed, the Secretary
of State shall direct the Temporary Clerk to call the roll of the
members to elect the Speaker.
(b) The election of the Speaker requires the affirmative vote of
a majority of those elected. Debate is not in order following
nominations and preceding or during the vote.
(c) No legislative measure may be considered and no committees
may be appointed or meet before the election of the Speaker.
(d) When a vacancy in the Office of Speaker occurs, the
foregoing procedure shall be employed to elect a new Speaker; when
the Secretary of State is of a political party other than that of the
majority caucus, however, the Majority Leader shall preside during
the nomination and election of the successor Speaker. No legislative
measures, other than for the nomination and election of a successor
Speaker, may be considered by the House during a vacancy in the
Office of Speaker.
(House Rule 2)
2. Election of the Minority Leader.
(a) The House shall elect a Minority Leader in a manner
consistent with the laws of Illinois. The Minority Leader is the
leader of the numerically strongest political party other than the
party to which the Speaker belongs.
(b) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 3)
3. Majority and Minority Leadership.
HOUSE OF REPRESENTATIVES 127
(a) The Speaker and the Minority Leader shall appoint from
within their respective caucuses the members of the Majority and
Minority Leaderships as allowed by law.
(b) Appointments are effective upon being filed with the Clerk
and remain effective at the pleasure of the Speaker and Minority
Leader, respectively, or until a vacancy occurs by reason of
resignation or because a leader has ceased to be a Representative.
Successor leaders shall be appointed in the same manner as their
predecessors. Leaders have those powers delegated to them by the
Speaker or Minority Leader, as the case may be.
(House Rule 4)
4. The Speaker.
(a) The Speaker has those powers conferred upon him or her by
the Constitution, the laws of Illinois, and any motions or
resolutions adopted by the House or jointly by the House and Senate.
(b) Except as otherwise provided by law, the Speaker is the
chief administrative officer of the House and has those powers
necessary to carry out those functions. The Speaker may delegate
administrative duties as he or she deems appropriate.
(c) The duties of the Speaker include the following:
(1) To preside at all sessions of the House, although the
Speaker may call on any member to preside temporarily as
Presiding Officer.
(2) To open the session at the time at which the House is
to meet by taking the chair and calling the members to order.
The Speaker may call on any member to open the session as
Presiding Officer.
(3) To announce the business before the House in the order
upon which it is to be acted. The Presiding Officer shall perform
this duty during the period that he or she is presiding.
(4) To recognize those members entitled to the floor.
(5) To state and put to a vote all questions that are
regularly moved or that necessarily arise in the course of the
proceedings, and to announce the result of the vote.
(6) To preserve order and decorum.
(7) To decide all points of order, subject to appeal, and
to speak on these points in preference to other members.
(8) To inform the House when necessary, or when any
question is raised, on any point of order or practice pertinent
to the pending business.
(9) To sign or authenticate all acts, proceedings, or
orders of the House. All writs, warrants, and subpoenae issued
by order of the House, or any of its committees, shall be signed
by the Speaker and attested by the Clerk.
(10) To sign all bills passed by both chambers of the
General Assembly to certify that the procedural requirements for
passage have been met.
(11) To have general supervision, including the duty to
protect the security and safety, of the House Chamber, galleries,
and adjoining and connecting hallways and passages, including the
power to clear them when necessary. The House Chamber shall not
be used without permission of the Speaker.
(12) To have general supervision of the Clerk and his or
her assistants, the Doorkeeper and his or her assistants, the
majority caucus staff, the parliamentarians, and all employees of
the House except the minority caucus staff.
(13) To determine the number of majority caucus members and
minority caucus members to be appointed to all committees, except
the Rules Committee created by Rule 15, the Committee on
Conflicts of Interest created by Rule 71, and those committees
that may be created under Article XII of these Rules.
128 JOURNAL OF THE [January 26, 1999]
(14) To appoint all Chairpersons, Co-Chairpersons, and
Vice-Chairpersons of committees (from either the majority or
minority caucus), and to appoint all majority caucus members of
committees.
(15) To enforce all constitutional provisions, statutes,
rules, and regulations applicable to the House.
(16) To guide and direct the proceedings of the House
subject to the control and will of the members.
(17) To direct the Clerk to correct non-substantive errors
in the Journal.
(18) To assign meeting places and meeting times to
committees and subcommittees.
(19) To perform any other duties assigned to the Speaker by
these House Rules or jointly by the House and Senate.
(20) To decide, subject to the control and will of the
members, all questions relating to the priority of business.
(21) To issue, in cooperation with the Comptroller and
after clearance with the United States Internal Revenue Service,
written regulations covering administration of contingent expense
allowances of members of the House.
(22) To appoint one or more parliamentarians to serve at
the pleasure of the Speaker.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 5)
5. Powers and Duties of the Minority Leader.
(a) The Minority Leader has those powers conferred upon him or
her by the Constitution, the laws of Illinois, and any motions or
resolutions adopted by the House or jointly by the House and Senate.
(b) The Minority Leader shall appoint to all committees the
members from the minority caucus and shall designate a Minority
Spokesperson for each committee, except that the Speaker may appoint
a minority caucus member to be Chairperson of a standing committee or
Chairperson or Co-Chairperson of a special committee.
(c) The Minority Leader has general supervision of the minority
caucus staff.
(House Rule 6)
6. Clerk of the House.
(a) The House shall elect a Clerk, who may adopt appropriate
policies or procedures for the conduct of his or her office. The
Speaker is the final arbiter of any dispute arising in connection
with the operation of the Office of the Clerk.
(b) The duties of the Clerk include the following:
(1) To have custody of all bills, papers, and records of
the House, which shall not be taken out of the Clerk's custody
except in the regular course of business in the House.
(2) To endorse on every original bill and each copy its
number, the names of sponsors, the date of introduction, and the
several orders taken on it. When reproduced, the names of the
sponsors shall appear on the front page of the bill in the same
order they appeared when introduced.
(3) To cause each bill to be reproduced and placed on the
desks of the members as soon as it is reproduced, as provided in
Rule 39.
(4) To keep the Journal of the proceedings of the House
and, under the direction of the Speaker, correct errors in the
Journal.
(5) To keep the transcripts of the debates of the House and
make them available to the public under reasonable conditions.
(6) To keep the necessary records for the House and its
committees and to prepare the House Calendar for each legislative
HOUSE OF REPRESENTATIVES 129
day.
(7) To examine all House Bills and Constitutional Amendment
Resolutions following Second Reading and before final passage for
the purpose of correcting any non-substantive errors, and to
report the same back to the Speaker promptly; to supervise the
enrolling and engrossing of bills and resolutions, subject to the
direction of the Speaker; and to attest to the passage or
adoption of legislative measures, and to note thereon the date of
final House action. Any corrections made by the Clerk and
approved by the Speaker shall be entered on the Journal.
(8) To transmit bills, other documents, and messages to the
Senate and secure a receipt therefor, and to receive from the
Senate bills, other documents, and messages and give receipt
therefor.
(9) To file with the Secretary of State debate transcripts
and House documents as required by law.
(10) To attend every session of the House; record the roll;
and read all bills, resolutions, and other papers as directed by
the Speaker. Bills shall be read by title only.
(11) To supervise the Assistant Clerk, the Doorkeeper,
pages, messengers, committee clerks, and other employees of his
or her office.
(12) To establish the format for all documents, forms, and
committee records and tapes prepared by committee clerks.
(13) Subject to approval by the Speaker, to establish
standards of decorum and other standards regarding written
statements filed under Rule 53.
(14) To perform other duties assigned by the Speaker.
(House Rule 7)
7. Assistant Clerk of the House. The House shall, in a manner
consistent with the laws of Illinois, elect an Assistant Clerk, who
shall perform those duties assigned by the Clerk.
(House Rule 8)
8. Doorkeeper. The House shall elect a Doorkeeper who shall
perform those duties assigned by law, or as ordered by the Speaker,
Presiding Officer, or Clerk. Those duties shall include the
following:
(1) To attend the House during its sessions and execute the
commands of the Speaker or Presiding Officer.
(2) To maintain order among spectators admitted into the
House Chamber, galleries, and adjoining or connecting hallways
and passages.
(3) To take proper measures to prevent interruption of the
House.
(4) To remove unruly persons from the House Chamber,
galleries, and adjoining and connecting hallways and passages.
(5) To ensure that only authorized persons have access to
the House Chamber, galleries, and adjoining hallways and
passages, subject to the direction of the Speaker.
(6) To supervise any Assistant Doorkeepers.
(7) To perform other duties assigned by the Speaker.
(House Rule 9)
9. Schedule.
(a) The Speaker shall periodically establish a schedule of days
on which the House shall convene in regular, perfunctory, and veto
session, with that schedule subject to revision at the discretion of
the Speaker.
(b) The Speaker may schedule or reschedule deadlines at his or
her discretion for any action on any category of legislative measure
as the Speaker deems appropriate, including deadlines for the
following legislative actions:
130 JOURNAL OF THE [January 26, 1999]
(1) Final day to request bills from the Legislative
Reference Bureau.
(2) Final day for introduction of bills.
(3) Final day for standing committees of the House to
report House bills, except House appropriation bills.
(4) Final day for standing committees of the House to
report House appropriation bills.
(5) Final day for Third Reading and passage of House bills,
except House appropriation bills.
(6) Final day for Third Reading and passage of House
appropriation bills.
(7) Final day for standing committees of the House to
report Senate appropriation bills.
(8) Final day for standing committees of the House to
report Senate bills, except appropriation bills.
(9) Final day for special committees to report to the
House.
(10) Final day for Third Reading and passage of Senate
appropriation bills.
(11) Final day for Third Reading and passage of Senate
bills, except appropriation bills.
(12) Final day for consideration of joint action motions
and conference committee reports.
(c) The Speaker may schedule or reschedule any necessary
deadlines for legislative action during any special session of the
House. The Speaker may establish a Weekly Order of Business or a
Daily Order of Business setting forth the date and approximate time
at which specific legislative measures may be considered by the
House. The Weekly Order of Business or Daily Order of Business is
effective upon being filed by the Speaker with the Clerk and takes
the place of the standing order of business for the amount of time
necessary for its completion. Nothing in this Rule, however, limits
the Speaker's or Presiding Officer's powers under Rule 4(c)(3) or
Rule 43(a).
(d) The foregoing deadlines, or any revisions to those
deadlines, are effective upon being filed by the Speaker with the
Clerk. The Clerk shall journalize those deadlines.
(e) This Rule may be suspended only by the affirmative vote of
71 members elected.
ARTICLE II
COMMITTEES
(House Rule 10)
10. Committees.
(a) The committees of the House are: (i) the standing
committees listed in Rule 11; (ii) the special committees created
under Rule 13; (iii) subcommittees created by standing committees or
by special committees; (iv) the Rules Committee created under Rule
15; (v) the Committee on Conflicts of Interest created under Rule 71;
(vi) the Election Contest or Qualifications Challenge Committees, if
any, created under Article X; and (vii) any committees created under
Article XII. Subcommittees may not create subcommittees.
(b) Except as otherwise provided in this Rule, all committees,
except special committees created under Rule 13, shall have a
Chairperson and Minority Spokesperson, who may be of the same
political party. Special committees created under Rule 13 that have
Co-Chairpersons from different political parties shall not have a
Minority Spokesperson. Each committee may have a Vice-Chairperson
appointed by the Speaker. Committees of the Whole shall consist of
all Representatives. The number of majority caucus members and
minority caucus members of all committees, except the Rules Committee
created under Rule 15, the Committee on Conflicts of Interest created
HOUSE OF REPRESENTATIVES 131
under Rule 71, and any committees that may be created under Article
XII, shall be determined by the Speaker. The Speaker shall file a
notice with the Clerk setting forth the number of majority caucus and
minority caucus members of each committee, which shall be
journalized. A member may be temporarily replaced on a committee due
to illness or if the member is otherwise unavailable. All leaders
are non-voting ex-officio members of each standing committee and each
special committee, except that the leaders may also be appointed to
standing committees or special committees as voting members. The
Speaker may also appoint any member of the majority caucus, and the
Minority Leader may appoint any member of the minority caucus, as a
non-voting ex-officio member of any standing committee or special
committee.
(c) The Chairperson of a committee has the authority to call the
committee to order, designate the order in which bills and
resolutions posted for hearing shall be taken up, order a record vote
to be taken on each legislative measure called for a vote, preserve
order and decorum during committee meetings, establish procedural
rules (subject to approval by the Speaker) governing the presentation
and consideration of legislative measures, and generally supervise
the affairs of the committee. The Vice-Chairperson of a committee or
other member of the committee from the majority caucus may preside
over its meetings in the absence or at the direction of the
Chairperson. In the case of special committees with Co-Chairpersons
from different political parties, the "Chairperson" for purposes of
this Rule is the Co-Chairperson from the majority caucus.
(d) A vacancy on a committee, or in the position of Chairperson,
Co-Chairperson, Vice-Chairperson, or Minority Spokesperson on a
committee, exists when a member resigns from the position or ceases
to be a Representative. Resignations shall be made in writing to the
Clerk, who shall promptly notify the Speaker and Minority Leader.
Absent concurrence by a majority of those elected, except as
otherwise provided in Rule 15 and except in connection with temporary
replacements under Rule 10(b), no member who resigns from a committee
shall be re-appointed to that committee for the remainder of the
term. Replacement members shall be of the same political party as
that of the member who resigns, and shall be appointed in the same
manner as the original appointment, except that in the case of the
resignation of a Chairperson or Co-Chairperson, the replacement
member need not be from the same political party. In the case of
vacancies on subcommittees that were created by committees, the
parent committee shall fill the vacancy in the same manner as the
original appointment.
(e) The Chairperson of a committee has the authority to call
meetings of that committee, subject to the approval of the Speaker.
In the case of special committees with Co-Chairpersons from different
political parties, the Co-Chairperson from the majority caucus has
the authority to call meetings of the special committee, subject to
the approval of the Speaker. Except as otherwise provided by these
Rules, committee meetings shall be convened in accordance with Rule
21.
(f) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 11)
11. Standing Committees. The Standing Committees of the House
are as follows:
AGING
AGRICULTURE & CONSERVATION
APPROPRIATIONS-ELEMENTARY & SECONDARY EDUCATION
APPROPRIATIONS-GENERAL SERVICES & GOVERNMENT OVERSIGHT
APPROPRIATIONS-HIGHER EDUCATION
132 JOURNAL OF THE [January 26, 1999]
APPROPRIATIONS-HUMAN SERVICES
APPROPRIATIONS-PUBLIC SAFETY
CHILD SUPPORT ENFORCEMENT
CHILDREN & YOUTH
COMPUTER TECHNOLOGY
CONSTITUTIONAL OFFICERS
CONSUMER PROTECTION & PRODUCT REGULATION
ELECTIONS & CAMPAIGN REFORM
ELEMENTARY & SECONDARY EDUCATION
ENVIRONMENT & ENERGY
EXECUTIVE
FINANCIAL INSTITUTIONS
HEALTH CARE AVAILABILITY & ACCESS
HIGHER EDUCATION
HUMAN SERVICES
INSURANCE
JUDICIARY I-CIVIL LAW
JUDICIARY II-CRIMINAL LAW
LABOR & COMMERCE
LOCAL GOVERNMENT
PERSONNEL & PENSIONS
PUBLIC UTILITIES
REGISTRATION & REGULATION
REVENUE
STATE GOVERNMENT ADMINISTRATION
TOURISM
TRANSPORTATION & MOTOR VEHICLES
URBAN REVITALIZATION
VETERANS' AFFAIRS
(House Rule 12)
12. Members and Officers of Standing Committees. The members of
each standing committee shall be appointed for the term by the
Speaker and the Minority Leader. The Speaker shall appoint the
Chairperson (from either the majority or minority caucus) and the
remaining standing committee members of the majority caucus (one of
whom the Speaker may designate as Vice-Chairperson), and the Minority
Leader shall appoint the remaining standing committee members of the
minority caucus (one of whom the Minority Leader may designate as
Minority Spokesperson). Appointments are effective upon the delivery
of appropriate correspondence from the respective leader to the
Clerk, regardless of whether the House is in session, and shall
remain effective for the duration of the term, subject to Rule 10(d).
The Clerk shall journalize the appointments. Committees may conduct
business when a majority of the total number of committee members has
been appointed.
(House Rule 13)
13. Special Committees.
(a) The following Special Committees are created:
ELECTRIC UTILITY DEREGULATION
JUDICIAL REAPPORTIONMENT
MENTAL HEALTH & PATIENT ABUSE
PRISON MANAGEMENT REFORM
PROSECUTORIAL MISCONDUCT
STATE PROCUREMENT
TOBACCO SETTLEMENT PROCEEDS DISTRIBUTION
The Speaker may create additional special committees by filing a
notice of the creation of the special committee with the Clerk. The
notice creating an additional special committee shall specify the
subject matter of the special committee and the number of members to
be appointed.
(b) The Speaker shall determine the number of majority and
HOUSE OF REPRESENTATIVES 133
minority caucus members to be appointed to special committees in
accordance with Rule 10(b). The Speaker, at his or her discretion,
shall appoint a Chairperson or Co-Chairpersons. The Speaker may
appoint any member as a Chairperson or Co-Chairperson of a special
committee. If the Chairperson or Co-Chairperson is a member of the
majority or minority leadership or the Chairperson or Minority
Spokesperson of a standing committee, the member shall receive no
additional stipend or compensation for serving as Chairperson or
Co-Chairperson of the special committee. For purposes of Section 1 of
the General Assembly Compensation Act (25 ILCS 115/1), (i) a special
committee under these rules is considered a "select committee" and
(ii) one Co-Chairperson of a special committee shall be considered
"Chairman" and the other shall be considered "Minority Spokesman".
The appointed members of special committees shall be designated by
the Speaker and the Minority Leader in a like manner as provided in
Rule 12 with respect to standing committees, except that if the
special committee has Co-Chairpersons from different political
parties, the special committee shall not have a Minority
Spokesperson. In that case, the Minority Leader shall appoint the
minority caucus members to the special committee, except the
Co-Chairperson from the minority caucus who shall be appointed by the
Speaker. The Speaker may establish a reporting date during the term
for each special committee by filing a notice of the reporting date
with the Clerk. Unless an earlier date is specified by the notice,
special committees expire at the end of the term.
(c) Special committees are empowered to conduct business when a
majority of the total number of committee members has been appointed.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 14)
14. Subcommittees.
(a) The following subcommittees are created:
(1) Subcommittee on Smart Growth as a subcommittee of the
Urban Revitalization Committee.
(2) Subcommittee on Reform of the Department of Children
and Family Services as a subcommittee of the Children & Youth
Committee.
(3) Subcommittee on Abandoned Oil Wells as a subcommittee
of the Environment & Energy Committee.
(4) Subcommittee on Chapter 1 Spending as a subcommittee of
the Appropriations-Elementary & Secondary Education Committee.
Members of a subcommittee created under this subsection (a) must be
members of the parent committee. The number of members, the number
from each caucus, the manner of appointment, and the reporting date,
if any, shall be determined by the Committee Chairperson by filing a
written statement with the committee clerk. Subcommittees created
under this subsection (a) expire at the end of the term.
(b) In addition, the Chairperson of a standing committee or a
special committee may create a subcommittee by filing a notice with
the committee clerk. The number of majority caucus and minority
caucus members to be appointed to a subcommittee shall be determined
by the Committee Chairperson, and filed with the committee clerk. In
the case of special committees with Co-Chairpersons from different
political parties, the creation of subcommittees and the number of
majority caucus and minority caucus members to be appointed to the
subcommittee shall be determined by the Co-Chairperson from the
majority caucus. Members of subcommittees must be members of the
parent committee, and shall be appointed in the manner determined by
the committee Chairperson, or in the case of special committees with
Co-Chairpersons from different political parties, by the
Co-Chairperson from the majority caucus.
134 JOURNAL OF THE [January 26, 1999]
The notice creating a subcommittee shall specify the subject
matter of the subcommittee and the number of members to be appointed,
and may specify a reporting date during the term. Unless an earlier
date is specified by the notice, subcommittees expire at the end of
the term.
(c) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 15)
15. Rules Committee.
(a) The Rules Committee is created as a permanent committee. The
Rules Committee shall consist of 5 members, 3 appointed by the
Speaker and 2 appointed by the Minority Leader. The Speaker and the
Minority Leader are each eligible to be appointed to the Rules
Committee. The Rules Committee may conduct business when a majority
of the total number of its members has been appointed.
(b) The majority caucus members of the Rules Committee shall
serve at the pleasure of the Speaker, and the minority caucus members
shall serve at the pleasure of the Minority Leader. Appointments
shall be by notice filed with the Clerk, and shall be effective for
the balance of the term or until a replacement appointment is made,
whichever first occurs. Appointments take effect upon filing with the
Clerk, regardless of whether the House is in session.
Notwithstanding any other provision of these Rules, any
Representative who is replaced on the Rules Committee may be
re-appointed to the Rules Committee without concurrence of the House.
(c) Notwithstanding any other provision of these Rules, the
Rules Committee may meet upon reasonable public notice that includes
a statement of the subjects to be considered. All legislative
measures pending before the Rules Committee are eligible for
consideration at any of its meetings, and all of those legislative
measures are deemed posted for hearing by the Rules Committee for all
of its meetings.
(d) Upon concurrence of a majority of those appointed, the Rules
Committee may advance any legislative measure pending before it to
the House, without referral to another committee; the Rules
Committee, however, shall not so report any bill that has never been
before a standing committee or a special committee of the House.
(e) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 16)
16. Referrals of Resolutions and Reorganization Orders.
(a) All resolutions, except adjournment resolutions and
resolutions considered under subsection (b) or (c) of this Rule,
after being initially read by the Clerk, are automatically referred
to the Rules Committee, which may thereafter refer any resolution
before it to the House or to a standing committee or special
committee. No resolution, except adjournment resolutions and
resolutions considered under subsection (b) or (c) of this Rule, may
be considered by the House unless referred to the House by the Rules
Committee under Rule 18, or by a standing committee or special
committee. An adjournment resolution is subject to Rule 66.
(b) Any member may file a congratulatory resolution for
consideration by the House. The Principal Sponsor of each
congratulatory resolution shall pay a reasonable fee, determined by
the Clerk with the approval of the Speaker, to offset the actual cost
of producing the congratulatory resolution. The fee may be paid from
the office allowance provided by Section 4 of the General Assembly
Compensation Act, or from any other funds available to the member.
Upon agreement of the Speaker and the Minority Leader, congratulatory
resolutions may be immediately considered and adopted by the House
without referral to the Rules Committee. Those resolutions may be
HOUSE OF REPRESENTATIVES 135
adopted as a group by a single motion. Congratulatory resolutions
shall be entered on the Journal only by number, sponsorship, and
subject. The provisions of this subsection requiring the Principal
Sponsor to pay a reasonable fee may not be suspended.
(c) Death resolutions in memory of former members of the General
Assembly and former constitutional officers, upon introduction, may
be immediately considered by the House without referral to the Rules
Committee. Those resolutions shall be entered on the Journal in
full.
(d) Executive reorganization orders of the Governor issued under
Article V, Sec. 11 of the Constitution, upon being read into the
record by the Clerk, are automatically referred to the Rules
Committee for its referral to a standing committee or a special
committee, which may issue a recommendation to the House with respect
to the Executive Order. The House may disapprove of an Executive
Order only by resolution adopted by a majority of those elected; no
such resolution is in order until a standing committee or a special
committee has reported to the House on the executive reorganization,
or until the Executive Order has been discharged under Rule 58.
(House Rule 17)
17. Sponsorship by the Rules Committee. The Rules Committee may
consider any legislative measure referred to it under these Rules, by
motion or resolution, or by order of the Presiding Officer upon
initial reading. The Rules Committee may, with the concurrence of a
majority of those appointed, sponsor motions or resolutions;
notwithstanding any other provision of these Rules, any motion or
resolution sponsored by the Rules Committee may be immediately
considered by the House without referral to a committee. Any such
motion or resolution shall be assigned standard debate status,
subject to Rule 52.
(House Rule 18)
18. Referrals to Committees.
(a) All House Bills and Senate Bills, after being initially read
by the Clerk, are automatically referred to the Rules Committee.
(b) During odd-numbered years, the Rules Committee shall
thereafter refer any such bill before it to a standing committee or a
special committee within 3 legislative days. During even-numbered
years, the Rules Committee shall refer to a standing committee or a
special committee only appropriation bills implementing the budget
and bills deemed by the Rules Committee, by the affirmative vote of a
majority appointed, to be of an emergency nature or to be of
substantial importance to the operation of government. This
subsection (b) applies equally to House Bills and Senate Bills
introduced into or received by the House.
(c) A standing committee or a special committee may refer a
subject matter or a legislative measure pending in that committee to
a subcommittee of that committee.
(d) All legislative measures favorably reported by a standing
committee or a special committee, or discharged from a standing
committee or a special committee under Rule 58, shall be referred to
the House and placed on the appropriate order of business, which
shall appear on the daily calendar. All legislative measures, except
bills or resolutions on the Consent Calendar, bills or resolutions
assigned short debate status by a standing committee or special
committee, and floor amendments, so referred are automatically
assigned standard debate status, subject to Rule 52.
(e) All floor amendments, joint action motions for final action,
and conference committee reports, upon filing with the Clerk, are
automatically referred to the Rules Committee. The Rules Committee
may refer any floor amendment, joint action motion for final action,
or conference committee report to the House or to a standing
136 JOURNAL OF THE [January 26, 1999]
committee or a special committee for its review and consideration (in
those instances, and notwithstanding any other provision of these
Rules, the standing committee or special committee may hold a hearing
on and consider those legislative measures pursuant to a one-hour
advance notice). Any floor amendment, joint action motion for final
action, or conference committee report that is not referred to the
House by the Rules Committee is out of order, except that any floor
amendment, joint action motion for final action, or conference
committee report favorably approved by a standing committee or a
special committee is deemed referred to the House by the Rules
Committee for purposes of this Rule. All joint action motions for
final action and conference committee reports so referred are
automatically assigned standard debate status, subject to Rule 52.
Floor amendments referred to the House under this Rule are
automatically assigned amendment debate status.
(f) The Rules Committee may at any time refer or re-refer a
legislative measure from a committee to a Committee of the Whole or
to any other committee.
(g) Legislative measures may be discharged from the Rules
Committee only by unanimous consent of the House. Any bill
discharged from the Rules Committee shall be placed on the order of
Second Reading and assigned standard debate status, subject to Rule
52.
(h) Except for those provisions that require unanimous consent,
this Rule may be suspended only by the affirmative vote of 71 members
elected.
(House Rule 19)
19. Re-Referrals to the Rules Committee.
(a) All legislative measures that fail to meet the applicable
deadline established under Rule 9 for reporting to the House by a
standing committee or a special committee, for Third Reading and
passage, or for consideration of joint action motions and conference
committee reports are automatically re-referred to the Rules
Committee unless: (i) the deadline has been suspended or revised by
the Speaker, with re-referral to the Rules Committee to occur if the
bill has not been reported to the House in accordance with a revised
deadline; or (ii) the Rules Committee has issued a written exception
to the Clerk with respect to a particular bill before the reporting
deadline, with re-referral to occur, if at all, in accordance with
the written exception.
(b) All legislative measures pending before the House or any of
its committees are automatically re-referred to the Rules Committee
on the 31st consecutive day that the House has not convened for
session unless: (i) any deadline applicable to the bill or resolution
that has been designated by the Speaker under Rule 9 exceeds 31 days,
with re-referral to occur, if at all, in accordance with that
deadline; (ii) this Rule is suspended under Rule 67; or (iii) the
Rules Committee, by the affirmative vote of a majority appointed,
issues a written exception to the Clerk before that 31st day.
(House Rule 20)
20. Reporting by Committees. Committees shall report to the
House, and subcommittees shall report to their parent committees.
(House Rule 21)
21. Notice.
(a) Except as provided in Rule 18 or unless this Rule is
suspended under Rule 67, no standing committee or special committee
may consider or conduct a hearing with respect to a legislative
measure absent notice first being given as follows:
(1) The Chairperson of the committee, or the Co-Chairperson
from the majority caucus of a special committee, shall, no later
than 6 days before any proposed hearing, post a notice on the
HOUSE OF REPRESENTATIVES 137
House bulletin board identifying each legislative measure, other
than a committee amendment upon initial consideration under Rule
40, that may be considered during that hearing. The notice shall
contain the day, hour, and place of the hearing.
(2) Meetings of the Rules Committee may be called under
Rule 15; meetings of the standing committees and special
committees to consider floor amendments, joint action motions for
final consideration, and conference committee reports may be
called under Rule 18.
(3) The Chairperson, or Co-Chairperson from the majority
caucus of a special committee, shall, in advance of a committee
hearing, notify all Principal Sponsors of legislative measures
posted for that hearing of the date, time, and place of hearing.
When practical, the Clerk shall include a notice of all scheduled
hearings, together with all posted bills and resolutions, in the
Daily Calendar of the House. Regardless of whether a particular
legislative measure or subject matter has been posted for
hearing, it is in order for a committee during any of its
meetings to refer a subject matter or legislative measure pending
before it to a subcommittee of that committee.
(b) Other than the Rules Committee, no committee may meet during
any session of the House, and no commission created by Illinois law
that has legislative membership may meet during any session of the
House.
(c) Regardless of whether notice has been previously given, it
is always in order for a committee to table any legislative measure
pending before it when the Principal Sponsor so requests.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 22)
22. Committee Procedure.
(a) A committee may consider any legislative measure referred to
it, except as provided in subsection (b), and may make with respect
to that legislative measure one of the following reports to the House
or to the parent committee, as appropriate:
(1) that the bill "do pass";
(2) that the bill "do not pass";
(3) that the bill "do pass as amended";
(4) that the bill "do not pass as amended";
(5) that the resolution "be adopted";
(6) that the resolution "be not adopted";
(7) that the resolution "be adopted as amended";
(8) that the resolution "be not adopted as amended";
(9) that the floor amendment, joint action motion, or
conference committee report referred by the Rules Committee "be
adopted";
(10) that the floor amendment, joint action motion, or
conference committee report referred by the Rules Committee "be
not adopted";
(11) "without recommendation"; or
(12) "tabled".
Any of the foregoing reports may be made only upon the
concurrence of a majority of those appointed. All legislative
measures reported "do pass", "do pass as amended", "be adopted", or
"be adopted as amended" are favorably reported to the House. Except
as otherwise provided by these Rules, any legislative measure
referred or re-referred to a committee and not reported under this
Rule shall remain in that committee.
(b) No bill or committee amendment that provides for an
appropriation of money from the State Treasury may be considered by
an Appropriations Committee unless the bill or committee amendment is
138 JOURNAL OF THE [January 26, 1999]
limited to appropriations to a single department, office, or
institution; this provision does not apply to floor amendments, joint
action motions, or conference committee reports.
No bill that provides for an appropriation of money from the
State Treasury may be considered for passage by the House unless it
has first been favorably reported by an Appropriations Committee or:
(1) the bill was discharged from an Appropriations
Committee under Rule 58;
(2) the bill was exempted from this requirement by a
majority of those appointed to the Rules Committee; or
(3) this Rule was suspended under Rule 67.
(c) The Chairperson of each committee, or Co-Chairperson from
the majority caucus of a special committee, shall keep, or cause to
be kept, a record in which there shall be entered:
(1) The time and place of each meeting of the committee.
(2) The attendance of committee members at each meeting.
(3) The votes cast by the committee members on all
legislative measures acted on by the committee.
(4) The "Record of Committee Witness" forms executed by
each person appearing or registering in each committee meeting,
which shall include identification of the witness, the person,
group, or firm represented by appearance and the capacity in
which the representation is made (if the person is representing
someone other than himself or herself), his or her position on
the legislation under consideration, and the nature of his or her
desired testimony.
(5) A tape recording of the proceedings.
(6) Such additional information as may be requested by the
Clerk.
(d) The committee Chairperson, or the Co-Chairperson from the
majority caucus of a special committee, shall file with the Clerk,
along with every bill or resolution reported upon, a written report
containing such information as required by the Clerk. The Clerk may
adopt forms, policies, and procedures with respect to the
preparation, filing, and maintenance of the reports.
(e) When a committee fails to report a legislative measure
pending before it to the House, or when a committee fails to hold a
public hearing on a legislative measure pending before it, the
exclusive means to bring that legislative measure directly before the
House for its consideration is as provided in Rule 18 or Rule 58.
(f) No bill or resolution may be called for a vote in a standing
committee or special committee in the absence of the Principal
Sponsor. The Chairperson of a committee or a chief co-sponsor may
present a bill or resolution in committee with the approval of the
Principal Sponsor when the committee consents. In the case of special
committees with Co-Chairpersons from different political parties, the
"Chairperson" means the Co-Chairperson from the majority caucus. This
subsection may not be suspended.
(g) No bill or resolution may be voted on more than twice in any
committee on motions to report the bill or resolution favorably, or
to reconsider the vote by which the committee adopted a motion to
report the bill or resolution unfavorably. A bill or resolution
having failed to receive a favorable recommendation after 2 such
record votes shall be automatically reported with the appropriate
unfavorable recommendation.
(h) A bill or resolution shall be given short debate status by
report of the committee if the bill or resolution was favorably
reported by a three-fifths vote of the members present. Bills and
resolutions receiving favorable reports may be placed upon the
Consent Calendar as provided in Rule 42.
(i) This Rule may be suspended only by the affirmative vote of
HOUSE OF REPRESENTATIVES 139
71 members elected.
(House Rule 23)
23. Witnesses and Subpoenae.
(a) Standing committees may compel, by subpoena, any person to
appear and give testimony as a witness before the standing committee
and produce papers, documents, and other materials relating to a
legislative measure pending before the standing committee.
(b) Special committees may compel, by subpoena, any person to
appear and give testimony before the special committee and produce
papers, documents, and other materials relating to the subject matter
for which the special committee was created or relating to a
legislative measure pending before the special committee.
(c) Subpoenae issued under this Rule must be issued and signed
by the Chairperson of the committee and must comply with Rule
4(c)(9). In the case of special committees with Co-Chairpersons from
different political parties, the term "Chairperson" for purposes of
this Rule means the Co-Chairperson from the majority caucus.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 24)
24. Committee Reports.
(a) All bills favorably reported to the House from a committee,
or with respect to which a committee has been discharged, shall be
reported to the House and shall be placed on the order of Second
Reading and assigned standard debate status, subject to Rule 52.
Bills reported to the House from committee "do not pass", "do not
pass as amended", "without recommendation", or "tabled" shall lie on
the table.
(b) All floor amendments, joint action motions for final action,
and conference committee reports favorably reported from a standing
committee or special committee shall be referred to the House and
eligible for consideration when the House is on an appropriate order
of business. Amendments to bills that are not on the order of Second
Reading are out of order. All floor amendments, joint action motions
for final action, and conference committee reports that are reported
to the House from committee "be not adopted", "without
recommendation", or "tabled" shall lie on the table. When the Rules
Committee refers a floor amendment, joint action motion for final
action, or conference committee report to a standing committee or a
special committee that thereafter favorably reports that legislative
measure to the House, the legislative measure shall be referred to
the House, assigned standard debate status subject to Rule 52 (except
floor amendments, which shall be assigned amendment debate status),
and eligible for consideration when the House is on an appropriate
order of business.
(c) All resolutions favorably reported to the House from the
Rules Committee, a standing committee, or a special committee, or
with respect to which the committee has been discharged, shall be
referred to the House and placed on the order of Resolutions and
assigned standard debate status, subject to Rule 52. All resolutions
that are reported to the House from committee "be not adopted", "be
not adopted as amended", "without recommendation", or "tabled" shall
lie on the table. Floor amendments to resolutions are subject to the
same procedure applicable to floor amendments to bills.
(House Rule 25)
25. Suspension of Posting Requirements.
(a) A motion to suspend the posting requirements of Rule 21 must
be in writing, specifying the committee and the bills or resolutions
to which the motion applies, be carried on the calendar before it may
be taken up by the House, and adopted by the affirmative vote of 60
members elected. The calendar requirements of this Rule may be
140 JOURNAL OF THE [January 26, 1999]
suspended only by unanimous consent. The requirement that the motion
be in writing may not be suspended.
(b) Except for those provisions that may not be suspended or
that require unanimous consent, this Rule may be suspended only by
the affirmative vote of 71 members elected.
(House Rule 26)
26. Rights of the Public.
(a) If a bill or resolution has been properly set for hearing
and witnesses are present and wish to testify, the committee shall
hear the witnesses at the scheduled time and place.
(b) Any person wishing to offer testimony to a committee hearing
of a bill or resolution shall be given a reasonable opportunity to do
so, orally or in writing. The Chairperson may set time limits for
presentation of oral testimony. No testimony in writing is required
of any witness, but any witness may submit a statement in writing for
the committee record. All persons offering testimony shall complete
a "Record of Committee Witness" form and submit it to the committee
clerk before testifying. In the case of special committees with
Co-Chairpersons from different political parties, the "Chairperson"
means the Co-Chairperson from the majority caucus.
(c) A motion to foreclose further oral testimony by witnesses on
a matter before a committee may be adopted only by a three-fifths
majority of those voting on the motion. No such motion is in order
until both proponents and opponents requesting to be heard have been
given a fair and substantial opportunity to express their positions.
No one shall be prohibited from filing for the record "Record of
Committee Witness" forms or written statements while the matter is
before the committee.
(d) Meetings of committees and subcommittees shall be open to
the public. Committee meetings of the House may be closed to the
public if two-thirds of the members elected to the House determine,
by a record vote, that the public interest so requires.
(e) This Rule cannot be suspended retroactively.
(House Rule 27)
27. Smoking. Smoking is prohibited at any official committee
hearing, and no committee member, staff member, or member of the
public is permitted to smoke in the room in which the hearing is
being held.
ARTICLE III
CONDUCT OF BUSINESS
(House Rule 28)
28. Sessions of the House.
(a) The House is in session whenever it convenes in perfunctory
session, regular session, veto session, or special session. Members
are entitled to per diem expense reimbursements only on those
regular, veto, and special session days that they are in attendance
at the House. Attendance by members is not required or recorded on
perfunctory session days.
(b) Regular and veto session days shall be scheduled with notice
by the Speaker under Rule 9. Special session days shall be scheduled
in accordance with the Constitution and laws of Illinois.
(c) The Speaker may schedule perfunctory session days during
which the Clerk may read into the House record any legislative
measure. Committees may meet and may consider and act upon
legislative measures during a perfunctory session day, and the Clerk
may receive and read committee reports into the House record during a
perfunctory day. Except for automatic referral under these Rules, no
further action may be taken by the House with respect to a
legislative measure during a perfunctory session day.
(House Rule 29)
29. Hour of Meeting. Unless otherwise ordered by the Speaker or
HOUSE OF REPRESENTATIVES 141
Presiding Officer or as provided in Rule 1, the House shall regularly
convene at 12:30 p.m. on the first day of each week that the House
convenes in regular, veto, or special session and shall convene at
noon on all other days.
(House Rule 30)
30. Access to the House Floor.
(a) Except as otherwise provided in these Rules, only the
following persons shall be admitted to the House while it is in
session: members and officers of the General Assembly; elected
officers of the executive branch; justices of the Supreme Court; the
designated aide to the Governor, except as limited by the Speaker;
the parliamentarian; majority staff members and minority staff
members, except as limited by the Speaker or Presiding Officer;
former members, except as limited by the Speaker or prohibited under
subsection (d); and employees of the Legislative Reference Bureau,
except as limited by the Speaker. Representatives of the press,
while the House is in session, may have access to the galleries and
places allotted to them by the Speaker. No person is entitled to the
floor unless appropriately attired. Only members of the General
Assembly may use telephones at the members' desks or in the telephone
booths at the rear of the House Chamber. Smoking is prohibited on
the floor of the House and in the House galleries.
(b) On days during which the House is in session, the Doorkeeper
shall clear the floor of all persons not entitled to access to the
floor 15 minutes before the convening time, and the Doorkeeper shall
enforce all other provisions of this Rule.
(c) The Speaker may authorize the admission to the floor of any
other person, except as prohibited under subsection (d).
(d) No person who is directly or indirectly interested in
defeating or promoting any pending legislative measure, if required
to be registered as a lobbyist, shall be allowed access to the floor
of the House at any time during the session.
(e) When he or she deems it necessary for the preservation of
order, the Presiding Officer may by order remove any person from the
floor of the House. A Representative may be removed from the floor
only under Article XI or XII of these Rules.
(House Rule 31)
31. Standing Order of Business. Unless otherwise determined by
the Presiding Officer, the standing daily order of business of the
House is as follows:
(1) Call to Order, Invocation, Pledge of Allegiance, and
Roll Call.
(2) Approval of the Journal.
(3) Reading of House Bills a first time.
(4) Reports from committees, with reports from the Rules
Committee ordinarily made at any time.
(5) Presentation of Resolutions, Petitions, and Messages.
(6) Introduction of House Bills.
(7) Messages from the Senate, not including reading Senate
Bills a first time.
(8) Reading of House Bills a second time.
(9) Reading of House Bills a third time.
(10) Reading of Senate Bills a third time.
(11) Reading of Senate Bills a second time.
(12) Reading of Senate Bills a first time.
(13) House Bills on the Order of Concurrence.
(14) Senate Bills on the Order of Non-Concurrence.
(15) Conference Committee Reports.
(16) Motions in Writing.
(17) Constitutional Amendment Resolutions.
(18) Motions with respect to Vetoes.
142 JOURNAL OF THE [January 26, 1999]
(19) Consideration of Resolutions.
(20) Motions to Discharge Committee.
(21) Motions to Take from the Table.
(22) Motions to Suspend the Rules.
(23) Consideration of Bills on the Order of Postponed
Consideration.
(House Rule 32)
32. Quorum.
(a) A majority of those elected constitutes a quorum of the
House, and a majority of those appointed constitutes a quorum of a
committee, but a smaller number may adjourn from day to day, or
recess for less than one day, and compel the attendance of absent
members. The attendance of absent members may also be compelled by
order of the Speaker.
(b) The question of the presence of a quorum in any committee
may not be raised on consideration of a legislative measure by the
House unless the same question was previously raised before the
committee with respect to that legislative measure.
(House Rule 33)
33. Approval of the Journal. The Speaker or his or her designee
shall periodically examine and report to the House any corrections he
or she deems should be made in the Journal before it is approved. If
those corrections are approved by the House, they shall be made by
the Clerk.
(House Rule 34)
34. Executive Sessions. The sessions of the House shall be open
to the public. Sessions and committee meetings of the House may be
closed to the public if two-thirds of the members elected determine,
by a record vote, that the public interest so requires.
(House Rule 35)
35. Length of Adjournment. The House, without the consent of
the Senate, shall not adjourn for more than 3 days or to a place
other than where the 2 chambers of the General Assembly are sitting.
The House is in session on any day in which it convenes in
perfunctory session, regular session, veto session, or special
session.
(House Rule 36)
36. Transcript of the House. Nothing contained in the official
transcript of the House shall be changed or expunged except by
written request of a Representative to the Clerk and Speaker, and
that request may be approved only by the record vote of 71 members
elected.
ARTICLE IV
BILLS AND AMENDMENTS
(House Rule 37)
37. Bills.
(a) A bill may be introduced in the House by sponsorship of one
or more members of the House, whose names shall be on the reproduced
copies of the bills, in the House Journal, and in the Legislative
Digest. The Principal Sponsor shall be the first name to appear on
the bill and may be joined by no more than 4 chief co-sponsors with
the approval of the Principal Sponsor; other co-sponsors shall be
separated from the Principal Sponsor and any chief co-sponsors by a
comma. The Principal Sponsor may change the sponsorship of a bill to
that of one or more other Representatives, or to that of the standing
committee or special committee to which the bill was referred or from
which the bill was reported. Such change may be made at any time the
bill is pending before the House or any of its committees by filing a
notice with the Clerk. This subsection may not be suspended.
(b) The Principal Sponsor of a bill controls that bill. A
standing committee-sponsored bill is controlled by the Chairperson of
HOUSE OF REPRESENTATIVES 143
the committee, who for purposes of these Rules is deemed the
Principal Sponsor. A special committee-sponsored bill is controlled
by the Chairperson, or if Co-Chairpersons have been appointed, by the
Co-Chairperson from the majority caucus, who for purposes of these
Rules is deemed the Principal Sponsor. Committee-sponsored bills may
not have individual co-sponsors.
(c) The Senate sponsor of a bill originating in the Senate may
request substitute House sponsorship of that bill by filing a notice
with the Clerk; such a notice is automatically referred to the Rules
Committee and deemed adopted if approved by the Rules Committee. If
disapproved by the Rules Committee, the notice shall lie on the
table. If the Rules Committee fails to act on a notice, that notice
may be discharged by unanimous consent.
(d) All bills introduced in the House shall be read by title a
first time, ordered reproduced, and automatically referred to the
Rules Committee in accordance with Rule 18. When a Senate Bill is
received, it shall be read by title, ordered reproduced, and placed
on the order of Senate Bills on first reading; after being read a
first time, it is automatically referred to the Rules Committee in
accordance with Rule 18.
(e) All bills introduced into the House shall be accompanied by
9 copies. Any bill that amends a statute shall indicate the
particular changes in the following manner:
(1) All new matter shall be underscored.
(2) All matter that is to be omitted or superseded shall be
shown crossed with a line.
(f) No bill shall be passed by the House except on a record vote
of a majority of those elected. A bill that has lost and has not
been reconsidered may not thereafter be revived.
(House Rule 38)
38. Reading and Reproduction of Bills. Every bill shall be read
by title on 3 different days before passage by the House, and the
bill and all amendments adopted to it shall be reproduced, under Rule
39, before the vote is taken on its final passage.
(House Rule 39)
39. Reproduction and Distribution. The Clerk shall, as soon as
any bill is reproduced, cause the bill to be placed upon the desks of
the members. Reproduction and distribution may be done
electronically, or the Clerk may establish a method that any member
may use to secure a copy of any bill.
(House Rule 40)
40. Amendments.
(a) An amendment to a bill may be adopted by a standing
committee or special committee when the bill is before that
committee. An amendment to a bill may be adopted by the House when a
bill is on the order of Second Reading if: (i) the Rules Committee
has referred the floor amendment to the House for consideration under
Rule 18; or (ii) a standing committee or special committee has
referred the floor amendment to the House. All amendments must be in
writing. All committee amendments that have been timely filed, as
determined by the Chairperson, shall be considered by the committee
or a subcommittee of that committee prior to consideration by the
committee of the bill to which the amendment relates. All amendments
still pending in a committee upon the passage or defeat of a bill on
Third Reading are automatically tabled.
(b) Except as otherwise provided in these Rules, committee
amendments may be offered only by the Principal Sponsor or a member
of the committee while the affected bill is before that committee,
and shall be adopted by a majority of those appointed. Floor
amendments may be offered only by a Representative while the bill is
on the order of Second Reading, subject to Rule 18, and shall be
144 JOURNAL OF THE [January 26, 1999]
adopted by a majority vote of the House. A committee amendment may
be the subject of a motion to "do adopt" or "do not adopt". A
committee amendment may be adopted only by a successful motion to "do
adopt". The Chairperson of a committee may refer any committee
amendment to a subcommittee of that committee.
(c) Committee amendments shall be filed with the Chairperson of
the committee, and are in order only when sufficient copies have been
filed to provide each member of the committee with a copy (which may
be done in the same manner as distribution of bills under Rule 39)
and 9 additional copies for the Chairperson. Floor amendments shall
be filed with the Clerk, and are in order only when 9 copies have
been filed.
(d) The Clerk shall have reproduced all adopted committee
amendments that come before the House. The Clerk shall also have
reproduced all floor amendments referred to the House by a committee.
No floor amendment may be adopted by the House unless it has been
reproduced and placed on the members' desks in the same manner as for
bills under Rule 39.
(e) No floor amendment is in order unless it has been first
referred to the House for consideration by the Rules Committee under
Rule 18, or by a standing committee or special committee.
(f) Amendments that propose to alter any existing law shall
conform to the requirements of Rule 37(e).
(g) If a committee reports a bill "do pass as amended", the
committee amendments are deemed adopted by the committee action and
shall be reproduced and placed on the members' desks (which may be
done in the same manner as provided for bills under Rule 39) before
the bill may be read a second time.
(h) In the case of special committees with Co-Chairpersons from
different political parties, the "Chairperson" for the purposes of
this Rule is the Co-Chairperson from the majority caucus.
(House Rule 41)
41. Fiscal and Other Notes.
(a) The House shall comply with all Illinois laws requiring
fiscal or other notes. The notes shall be filed with the Clerk, who
shall affix each note with a time stamp endorsing the date and time
received, and attached to the original of the bill and available for
inspection by the members. As soon as practical, the Clerk shall
provide a copy of the note to the Legislative Reference Bureau, which
shall provide an informative summary of the note in subsequent issues
of the Legislative Digest.
(b) No bill authorizing or directing the conveyance by the State
of any particular interest in real estate to any individual or entity
other than a governmental unit or agency may be voted upon in
committee or upon Second Reading unless a certified appraisal of the
value of the interest has been filed. The appraisal shall be filed
with the clerk of the committee to which the bill is assigned, and
shall be part of the permanent committee record, unless the bill is
advanced without reference to committee, or discharged under Rule 58,
in which event the appraisal shall be filed with the Clerk of the
House.
(House Rule 42)
42. Consent Calendar.
(a) The Clerk shall include a Consent Calendar on the daily
calendar and designate it as a separate calendar. The Consent
Calendar shall contain 3 orders of business: Consent Calendar -
Second Reading, Consent Calendar - Third Reading, and Consent
Calendar - Resolutions. Within each order of business, bills or
resolutions shall be listed in separate groups according to the
number of required days each has been on that order of business on
the Consent Calendar. No more than 80 bills and resolutions shall be
HOUSE OF REPRESENTATIVES 145
listed in each group. All bills or resolutions to which amendments
have been adopted shall be so designated.
(b) No debate is in order regarding any item on the Consent
Calendar. The Presiding Officer, however, shall allow a reasonable
time for questions from the floor and answers to those questions. No
amendment from the floor is in order regarding any bill or resolution
on the Consent Calendar.
(c) A bill on the Consent Calendar shall stand for 2 legislative
days on the order of Consent Calendar - Second Reading, and for at
least 2 legislative days on the order of Consent Calendar - Third
Reading, before a vote on the final passage may be taken.
Resolutions on the Consent Calendar shall stand for at least 4
legislative days before a vote on adoption may be taken. One record
vote on final passage shall be taken on those bills called for final
passage. Immediately before a vote on the bills on the Consent
Calendar, the Presiding Officer shall call to the attention of the
members the fact that the next legislative action will be the vote on
the Consent Calendar.
(d) A bill or resolution may be placed on the Consent Calendar
by report of a standing committee upon a motion adopted by a
unanimous vote of the members present. For purposes of this
subsection (d), a unanimous vote on the motion is a vote with no
member voting nay.
(e) No bill regarding revenue or appropriations may be placed on
the Consent Calendar. No resolution requiring more than 60
affirmative votes for adoption and no bill requiring more than 60
affirmative votes for passage by the House may be placed on the
Consent Calendar.
(f) The Speaker and the Minority Leader shall each appoint 3
members who may challenge the presence of any bill or resolution on
the Consent Calendar. Before a vote on final passage of any item on
the Consent Calendar, an item shall be removed from the Consent
Calendar if (i) 4 or more members, (ii) the Principal Sponsor of the
bill or resolution, or (iii) one or more of the appointed challengers
file with the Clerk written objections to the presence of the bill or
resolution on the Consent Calendar. Any bill or resolution so
removed may not be placed thereafter on the Consent Calendar during
that session of the General Assembly, unless the member or members
who objected to the presence of the bill or resolution on the Consent
Calendar consent in writing to restoration of the bill or resolution
on the Consent Calendar.
Any bill removed from the Consent Calendar shall stand on the
order of Second Reading with short debate status, subject to Rule 52,
and any resolution so removed shall stand on the order of Resolutions
with short debate status, subject to Rule 52.
(House Rule 43)
43. Changing Order of Business.
(a) Any order of business may be changed at any time by the
Speaker or Presiding Officer.
(b) Any order of business may be changed at any time upon the
motion of any member, supported by 5 additional members, if the
motion is adopted by an affirmative vote of 71 members elected.
(c) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 44)
44. Special Orders; Rules Committee.
(a) A special order of business may be set by the Rules
Committee or by the Speaker. The Principal Sponsor of a bill or
resolution must consent to the placement of the bill or resolution on
a special order. A special order shall fix the day to which it
applies and the matters to be included. The Speaker, or the Rules
146 JOURNAL OF THE [January 26, 1999]
Committee by a vote of a majority of the members appointed, may
establish time limits for a special order and may establish
limitations on debate during a special order (notwithstanding Rule
52), in which event the allotted time shall be fairly divided between
proponents and opponents of the legislation to be considered. A
special order of business takes the place of the standing order for
such time as may be necessary for its completion. Only matters that
may otherwise properly be before the House may be included in a
special order.
(b) A special order shall appear on the Daily Calendar for 3
legislative days. This subsection (b) may be suspended only by the
affirmative vote of 71 members elected.
(c) A special order may be suspended, amended, or modified by
motion adopted by an affirmative vote of 60 members. A special order
shall be suspended by a written objection signed by 3 members of the
Rules Committee and filed during the first legislative day on which
the special order appears on the calendar.
ARTICLE V
RESOLUTIONS AND CERTIFICATES OF RECOGNITION
(House Rule 45)
45. Resolutions.
(a) A resolution may be introduced in the House by sponsorship
of one or more members of the House, and the names of all sponsors
shall be included in the House Journal and in the Legislative Digest.
Each resolution introduced shall be accompanied by 9 copies.
Consideration of resolutions shall be governed by Rule 16 and Rule
66.
(b) Any resolution calling for the expenditure of State funds
may be adopted only by a record vote of a majority of those elected.
(House Rule 46)
46. State Constitutional Amendments. All resolutions introduced
in the House proposing amendments to the Illinois Constitution shall
be reproduced and distributed in the same manner in which bills are
reproduced and distributed under Rule 39. Every such resolution that
originated in the Senate and is presented to the House shall be
ordered reproduced and distributed in like manner. No such resolution
may be adopted unless read in full in its final form on 3 different
days. Amendments are in order only on First Reading and Second
Reading.
(House Rule 47)
47. Federal Constitutional Amendments and Constitutional
Conventions. The affirmative vote of 71 of the members elected is
required to adopt any resolution:
(1) requesting Congress to call a federal constitutional
convention;
(2) ratifying a proposed amendment to the Constitution of
the United States; or
(3) calling a State convention to ratify a proposed
amendment to the Constitution of the United States.
(House Rule 48)
48. Certificates of Recognition. Any member may sponsor a
certificate of recognition to be signed by the Speaker and attested
by the Clerk to recognize any person, organization, or event worthy
of public commendation. The form of the Certificate of Recognition
shall be determined by the Clerk with the approval of the Speaker.
ARTICLE VI
PARLIAMENTARY PRACTICE
(House Rule 49)
49. Voting. The Presiding Officer shall put all questions
distinctly, as follows: "All those in favor vote AYE, and those
opposed vote NAY." No member may vote on any question before the
HOUSE OF REPRESENTATIVES 147
House unless on the floor before the vote is announced. No member of
a committee may vote except in person at the time of the call of the
committee vote. Any vote of the House shall be by record vote
whenever 5 Representatives shall so request or whenever the Presiding
Officer shall so order.
(House Rule 50)
50. Announcing a Record Vote. When a record vote is requested,
the Presiding Officer shall put the question and then announce to the
House: "The voting is open." While the vote is being taken, the
Presiding Officer shall state: "Have all voted who wish?" The voting
is closed when the Presiding Officer announces: "Take the Record."
The Presiding Officer, unless an intervening motion to postpone
consideration by the Principal Sponsor is made, shall then announce
the results of the record vote. After the record is taken, no member
may vote, change his or her vote, or remove his or her vote as
recorded.
(House Rule 51)
51. Decorum.
(a) When any member is about to speak to the House, he or she
shall rise and address the Presiding Officer as "Speaker". The
Presiding Officer, upon recognizing the member, shall address him or
her by name, and thereupon the engineer in charge of operating the
microphones in the House shall give the use of the microphone to the
member who has been so recognized. The member in speaking shall
confine himself or herself to the subject matter under discussion and
avoid personalities.
(b) Questions affecting the rights, reputation, and conduct of
members of the House in their representative capacity are questions
of personal privilege. A matter of personal explanation does not
constitute a question of personal privilege.
(c) If 2 or more members rise at once, the Presiding Officer
shall name the member who is to speak first.
(d) No person shall give any signs of approbation or
disapprobation while the House is in session.
(e) Recognition of guests by any member is prohibited, except
that the Speaker or Presiding Officer may recognize an honored guest.
(f) While the Presiding Officer is putting a question, no member
shall leave or walk across the House Chamber. When a member is
addressing the House, no member or other person entitled to the floor
shall entertain private discourse or pass between the member speaking
and the Presiding Officer.
(g) In case of any disturbance or disorderly conduct, the
Speaker or Presiding Officer may order that the lobby, gallery, or
hallways adjoining the House Chamber be cleared.
(h) No literature may be distributed on the House floor.
(i) No member may be absent from a session of the House unless
he or she has leave or is sick or his or her absence is unavoidable.
The switch to the electrical roll call recording equipment located on
the desk of any member who has been excused or is absent shall be
locked by the Clerk and shall not be unlocked until the member
returns and files with the Clerk a request to be shown as present on
the quorum roll call.
(House Rule 52)
52. Debate.
(a) All legislative measures, except those legislative measures
placed on the Consent Calendar under Rule 42, are subject to a debate
status as follows:
(1) Short Debate: Debate is limited to a 2-minute
presentation by the Principal Sponsor or a member designated by
the Principal Sponsor, a 2-minute presentation by a member in
response, and one minute for the Principal Sponsor to close
148 JOURNAL OF THE [January 26, 1999]
debate, or yield to other members; provided that at the request
of 7 members before the close of debate, the debate status shall
be opened to standard debate;
(2) Standard Debate: Debate is limited to a 5-minute
presentation by the Principal Sponsor or a member designated by
the Principal Sponsor, debate by each of 2 additional proponents
of the legislative measure and by 3 members in response to the
legislative measure, and 3 minutes for the Principal Sponsor to
close debate, or yield to other members;
(3) Extended Debate: Debate is limited to a 5-minute
presentation by the Principal Sponsor or a member designated by
the Principal Sponsor, debate by each of 4 proponents of the
legislative measure and 5 members in response, and 5 minutes for
the Principal Sponsor to close debate, or yield to other members;
(4) Unlimited Debate: Debate shall consist of a 10-minute
presentation by the Principal Sponsor or a member designated by
the Principal Sponsor, debate by each proponent and member in
response who seeks recognition, and 5 minutes for the Principal
Sponsor to close debate, or yield to other members; or
(5) Amendment Debate: Debate on floor amendments referred
to the House from a committee, or discharged from a committee, is
limited to a 3-minute presentation by the Principal Sponsor, or a
member designated by the Principal Sponsor, debate by one
proponent, debate by each of 2 members in response, and 3 minutes
for the Principal Sponsor to close debate, or yield to other
members.
No debate is in order on bills or resolutions on the order of
First Reading or Second Reading, except for debate on floor
amendments as provided in this Rule.
(b) All legislative measures, except floor amendments, referred
to the House from a committee, or discharged from a committee, are
automatically assigned standard debate status, subject to subsection
(c) of this Rule, except those assigned to the Consent Calendar or
short debate status by a standing committee or a special committee.
All floor amendments referred to the House from a committee, or
discharged from a committee, are automatically assigned amendment
debate status, subject to subsection (c) of this Rule.
(c) Notwithstanding any other provision of these Rules to the
contrary, the debate status of any legislative measure may be changed
only (i) by the Speaker, as defined in item (27) of Rule 102, by
filing a notice with the Clerk, or (ii) by the Rules Committee by
motion approved by a majority of those appointed. While a
legislative measure is being considered by the House, the debate
status may also be changed by unanimous consent. No legislative
measure, however, may be placed on the Consent Calendar under this
Rule. No legislative measure, except a floor amendment, may be
assigned amendment debate status under this Rule.
(d) The Speaker or Rules Committee, as the case may be, shall
notify the Clerk of any action to change the debate status of any
legislative measure. The Clerk shall cause that information to be
reflected on the Daily Calendar on subsequent legislative days,
provided the legislative measure is still before the House.
(e) No member shall speak longer than 5 minutes at one time or
more than once on the same question except by leave of the House.
The Principal Sponsor of a measure or a member designated by the
Principal Sponsor, however, shall be allowed to open the debate and
to close the debate in accordance with subsection (a) of this Rule.
The provisions of this subsection (e) are subject to and limited by
subsections (a), (b), and (c) of this Rule. A member may yield to
another member the time allotted for the member's debate.
(f) The Presiding Officer shall allocate the debate on each
HOUSE OF REPRESENTATIVES 149
legislative measure alternately, if possible, between proponents and
opponents of the legislative measure under debate.
(g) This Rule may not be suspended.
(House Rule 53)
53. Written Statements.
(a) Any member may submit a written statement regarding any
bill, resolution, or floor amendment considered by the House, by
submitting that statement to the Clerk within one legislative day or
3 business days, whichever is shorter, after the day on which the
bill, resolution, or floor amendment to which the comments relate was
considered by the House. The Clerk shall affix a time stamp to each
statement indicating the date on which the statement was submitted.
Each statement shall indicate the member or members on whose behalf
the statement is submitted, the bill, resolution, or floor amendment
to which it applies, the names of any other members mentioned in the
statement, and the person who actually submits the statement to the
Clerk. Each member on whose behalf a statement is submitted is under
an obligation to ensure that all required information, specifically
including the names of any other members mentioned in the statement,
is indicated at the time a statement is submitted. Each statement
shall comply with standards as may be established by the Clerk with
the approval of the Speaker. The standards established by the Clerk,
however, shall not relate to the contents of the written statement.
The Clerk shall maintain statements that comply with this Rule and
established standards in files for each bill and resolution. A
statement is not considered filed until the Clerk has determined that
it complies with this Rule and established standards. The Clerk
shall notify the member or members on whose behalf a statement was
submitted if the statement is determined not to comply. Statements
filed under this Rule shall be considered part of the transcript and
made available to the public.
(b) If a statement mentions another member, the statement shall
not be considered filed until the member mentioned has an opportunity
to respond as a matter of personal privilege. The Clerk shall notify
each member who is identified at the time a statement is submitted as
being mentioned in the statement. The member identified as mentioned
in the statement shall have one legislative day or 3 business days,
whichever is shorter, after notification by the Clerk in which to
file a written response to the statement. The original statement and
any responsive statement shall both be considered filed at the close
of business on the final day on which a response may be filed. If,
however, a statement is submitted mentioning another member and the
name of the member mentioned is not indicated to the Clerk at the
time of submission, the statement shall be stricken at the request of
the member mentioned in the statement. The Clerk shall notify each
member on whose behalf the statement was submitted that the statement
has been stricken from the record.
(c) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 54)
54. Motions.
(a) The following are general rules for all motions:
(1) Every motion, except to adjourn, recess, or postpone
consideration, shall be reduced to writing if ordered by the
Presiding Officer. Unless otherwise provided in these Rules, no
second is required to any motion presented to the House, or in
any committee. The Presiding Officer may refer any motion to the
Rules Committee.
(2) Before the House debates a motion, the Presiding
Officer shall state an oral motion and the Clerk shall read aloud
a written motion. Each motion, unless otherwise provided in these
150 JOURNAL OF THE [January 26, 1999]
Rules, is assigned standard debate status, subject to Rule 52.
(3) After a motion is stated by the Presiding Officer or
read by the Clerk, it is deemed in the possession of the House,
but may be withdrawn at any time before decision with consent of
a majority of the members elected.
(4) If a motion is divisible, any member may call for a
division of the question.
(5) Any question taken under consideration may be
withdrawn, postponed, or tabled by unanimous consent or, if
unanimous consent is denied, by a motion adopted by a majority of
the members elected.
(b) The Rule may be suspended only by the affirmative vote of 71
members elected.
(House Rule 55)
55. Precedence of Motions.
(a) When a question is under debate, no motion may be
entertained except:
(1) to adjourn to a time certain;
(2) to adjourn;
(3) to question the presence of a quorum;
(4) to recess;
(5) to lay on the table;
(6) for the previous question;
(7) to postpone consideration;
(8) to commit or recommit; or
(9) to amend, except as otherwise provided in these Rules.
The foregoing motions have precedence in the order in which they
are listed.
(b) During a record vote, no motion (except a motion to postpone
consideration) is in order until after the announcement of the result
of the vote.
(c) A motion to commit or re-commit, until it is decided,
precludes all amendments and debate on the main question. A motion
to postpone consideration, until it is decided, precludes all
amendments and debate on the main question.
(House Rule 56)
56. Verification.
(a) After any record vote, except for a vote that requires a
specific number of affirmative votes and that has not received the
required votes, and before intervening business, it is in order for
any member to request verification of the results of the record vote.
(b) In verifying a record vote, the Presiding Officer shall
instruct the Clerk to call the names of those members whose votes are
to be verified. The member requesting the verification may
thereafter identify those members he or she wishes to verify. If a
member does not answer, his or her vote shall be stricken; the
member's vote shall be restored to the roll, however, if his or her
presence is recognized before the Presiding Officer announces the
final result of the verification. The Presiding Officer shall
determine the presence or absence of each member whose name is
called, and shall then announce the results of the verification.
(c) While the results of any record vote are being verified, it
is in order for any member to announce his or her presence on the
floor and thereby have his or her vote verified.
(d) A request for a verification of the affirmative and negative
results of a record vote may be made only once on each record vote.
(House Rule 57)
57. Appealing a Ruling.
(a) If any appeal is taken from a ruling of the Presiding
Officer, the Presiding Officer shall be sustained unless 71 of the
members elected vote to overrule the Presiding Officer.
HOUSE OF REPRESENTATIVES 151
Notwithstanding Rule 52, debate on a motion to appeal is limited to a
2-minute presentation by the Principal Sponsor or a member designated
by the Principal Sponsor, a 2-minute presentation by a member in
response, and one-minute for the Principal Sponsor to close debate,
or yield to other members. A motion to appeal is not in order if the
House has conducted intervening business since the ruling at issue
was made.
(b) If any appeal is taken from a ruling of a committee
Chairperson, the Chairperson shall be sustained unless three-fifths
of those appointed vote to overrule the Chairperson. A motion to
appeal is not in order if the committee has adjourned or recessed, or
if intervening business has occurred. In the case of special
committees with Co-Chairpersons from different political parties, the
"Chairperson" for purposes of this Rule is the Co-Chairperson from
the majority caucus.
(c) In an appeal of a ruling of the Presiding Officer or
Chairperson, the question is: "Shall the ruling of the Chair be
sustained?"
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 58)
58. Discharge of Committee.
(a) Any member may move that a standing committee or a special
committee be discharged from consideration of any legislative measure
assigned to it and not reported back unfavorably.
(b) The motion must be in writing and shall be carried on the
Daily Calendar for the next legislative day under the order of
"Motions". No action shall be taken on the motion until it is on the
calendar.
(c) If the motion receives an affirmative vote of 60 members,
the legislative measure subject to the motion shall be referred to
the House and placed on the appropriate order of business.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 59)
59. Previous Question.
(a) A motion for the previous question may be made at any time.
A motion for the previous question is not debatable and requires the
affirmative vote of 60 members elected.
(b) The previous question shall be stated in the following form:
"Shall the main question be put?" Until the previous question is
decided, all amendments and debate are precluded. When it is decided
that the main question shall not be put, the main question remains
under debate.
(c) The effect of the main question being ordered is to put an
end to all debate and bring the House to a direct vote on the
immediately pending motion. After a motion for the previous question
has been approved, unless the vote on that motion suggests the
absence of a quorum, it is not in order to move for adjournment or to
make any other motion before a decision on the main question.
(d) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 60)
60. Tabling.
(a) Except as otherwise provided in subsection (d), a motion to
lay on the table applies only to the particular proposition and is
neither debatable nor amendable.
(b) A motion to table a bill or resolution shall identify the
bill or resolution by number. The Principal Sponsor of a bill or
resolution may, with leave of the House, table that bill or
resolution at any time. A motion to table a committee bill that is
152 JOURNAL OF THE [January 26, 1999]
before the House may be adopted only by the affirmative vote of a
majority of those elected.
(c) The Principal Sponsor of a bill or resolution before a
committee may, with leave of the committee, table the bill or
resolution. Upon tabling, the Chairperson of the committee shall
return the bill or resolution to the Clerk, noting thereon that it
has been tabled.
(d) A motion to table a committee amendment has priority over a
floor amendment. Motions to table amendments are debatable and may
be adopted by the affirmative vote of a majority vote of those
elected.
(House Rule 61)
61. Motion to Take from Table.
(a) A motion to take from the table requires the affirmative
vote of a majority of those elected if the Rules Committee has
previously recommended that action by written notice filed with the
Clerk; otherwise, a motion to take from the table requires the
affirmative vote of 71 members elected.
(b) A bill taken from the table shall be placed on the Daily
Calendar on the order on which it appeared before it was tabled.
(c) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 62)
62. Motion to Postpone Consideration. A motion to postpone
consideration on a bill or resolution may not be made more than once
on the same bill or resolution. Unless otherwise provided by these
Rules, a motion to postpone consideration shall be granted as a
matter of privilege; no motion to postpone consideration is in order,
however, if the bill or resolution initially received a vote of fewer
than 47 of the members elected.
(House Rule 63)
63. Motion on Different Subject. No motion or other legislative
measure on a subject different from that under consideration shall be
admitted under color of amendment.
(House Rule 64)
64. Division of Question. If the question in debate contains
several points, any member may have the question divided. On a
motion to strike out and insert, it is not in order to move for a
division of the question. The rejection of a motion to strike out
and insert one proposition does not prevent a motion to strike out
and insert a different proposition.
(House Rule 65)
65. Reconsideration.
(a) A member who voted on the prevailing side of a record vote
on a legislative measure still within the control of the House may
on the same or the following legislative day move to reconsider the
vote. The motion to reconsider may be laid on the table without
affecting the vote to which it refers. When the motion to reconsider
is made during the last 3 days of April or any time thereafter during
the regular session, or at any time during a veto or special session,
any member may move that the vote on reconsideration be taken
immediately. A question that requires the affirmative vote of a
majority of those elected or more to carry requires a majority of
those elected to reconsider.
(b) A motion to reconsider a record vote on the adoption of an
amendment to a bill may be made only on Second Reading.
(c) If a motion to reconsider is made under this Rule and the
motion is later tabled, the question shall not be further
reconsidered. This subsection (c) may be suspended only by the
affirmative vote of 71 members elected.
(d) When a motion to reconsider is made within the time
HOUSE OF REPRESENTATIVES 153
prescribed by these Rules, the Clerk shall not allow the bill or
other subject matter of the motion to pass out of the possession of
the House until after the motion has been decided or withdrawn. Such
a motion shall be deemed rejected if laid on the table.
(e) A Representative who voted "present" or failed to vote on a
question does not have the right to move for reconsideration.
(f) Upon a motion to reconsider the vote on the final passage of
any bill, the affirmative vote of a majority of those elected is
required to reconsider.
(House Rule 66)
66. Motion to Adjourn.
(a) A motion to adjourn is in order at any time, except when a
prior motion to adjourn has been defeated and no intervening business
has transpired.
(b) A motion to adjourn is neither debatable nor amendable.
(c) The Clerk shall enter in the Journal the hour at which every
motion to adjourn is made.
(d) Unless the Presiding Officer otherwise orders, the standing
hour to which the House adjourns is 12:00 noon, except on the last
day of a week in which the House convenes in regular, veto, or
special session, in which case the standing hour to which the House
adjourns is 12:30 p.m.
(e) A motion to adjourn for more than 3 days is not in order
unless both chambers of the General Assembly have adopted a joint
resolution permitting that adjournment. Notwithstanding any other
provision of these Rules, a resolution filed under this Rule may be
referred to the Rules Committee by the Presiding Officer or may be
immediately considered and adopted by the House.
(House Rule 67)
67. Adoption and Amendment to or Suspension of Rules.
(a) Adoption of Rules. At the commencement of a term, the House
shall adopt new rules of organization and procedure by resolution
setting forth those rules in their entirety. The resolution must be
adopted by the affirmative vote of a majority of those elected. These
Rules of the House of Representatives are subject to revision or
amendment only in accordance with this Rule.
(b) Rules may be amended only by resolution. Any resolution to
amend these Rules shall show the proposed changes in the existing
rules by underscoring all new matter and by crossing out with a line
all matter that is to be omitted or superseded.
(c) Any resolution proposing to amend a House Rule or any Joint
House-Senate Rule, upon initial reading by the Clerk, is
automatically referred to the Rules Committee. Resolutions to amend
the House Rules or any Joint House-Senate Rules may be initiated and
sponsored by the Rules Committee; those resolutions shall not be
referred to a committee and may be immediately considered and adopted
by the House. Those resolutions shall be assigned standard debate
status, subject to Rule 52.
(d) A resolution to amend the House Rules or any Joint
House-Senate Rules that has been reported "do adopt" or "do adopt as
amended" by a majority of those appointed to the Rules Committee
requires the affirmative vote of a majority of those elected for
adoption by the House. Any other resolution proposing to amend the
House Rules or any Joint House-Senate Rules requires the affirmative
vote of 71 of the members elected for adoption by the House.
(e) No House Rule or any Joint House-Senate Rule may be
suspended except by unanimous consent of the members present or upon
a motion supported by affirmative vote of a majority of those elected
unless a higher number is required in the Rule sought to be
suspended. A committee may not suspend any Rule.
(f) This Rule may be suspended only by the affirmative vote of
154 JOURNAL OF THE [January 26, 1999]
71 members elected.
(House Rule 68)
68. Motion to Commit or Recommit. No motion to commit or
recommit a legislative measure to committee, being decided in the
negative, shall again be allowed on the same day, or at the same
stage of the legislative measure.
(House Rule 69)
69. Effective Date.
(a) A bill passed after May 31 of a calendar year shall not
become effective prior to June 1 of the next calendar year unless an
earlier effective date is specified in the bill and it is approved by
the affirmative vote of 71 members elected.
(b) If a majority of those elected, but fewer than 71, vote
affirmatively for a bill on Third Reading after May 31 and the bill
specifies an effective date earlier than the following June 1, the
bill has not passed, but the Principal Sponsor has the right to have
the bill automatically reconsidered and returned to the order of
Second Reading for an amendment to remove the earlier effective date.
The amendment, if offered and referred to the House by a committee,
shall be reproduced and placed on the desks of the members, in the
same manner as provided for bills under Rule 39, before the bill is
taken up again on the order of Third Reading.
(House Rule 70)
70. Home Rule. No bill denies or limits any power or function
of a home rule unit under paragraph (g), (h), (i), (j), or (k) of
Sec. 6 of Article VII of the Constitution unless there is specific
language limiting or denying the power or function and the language
specifically sets forth in what manner and to what extent it is a
denial or limitation of the power or function of a home rule unit. If
a majority of those elected, but fewer than 71, vote affirmatively
for a bill on Third Reading that requires the affirmative vote of 71
members elected to deny or limit a power of a home rule unit, the
bill has not passed, but the Principal Sponsor has the right to have
the bill automatically reconsidered and returned to the order of
Second Reading for an amendment to remove those effects of the bill.
The amendment, if referred to the House by a committee, shall be
reproduced and placed on the desks of the members, in the same manner
as provided for bills under Rule 39, before the bill is taken up
again on the order of Third Reading.
ARTICLE VII
CONFLICTS OF INTEREST
(House Rule 71)
71. Conflicts of Interest.
(a) A Committee on Conflicts of Interest is created. It shall
consist of 4 members appointed by the Speaker and 4 members appointed
by the Minority Leader. The Speaker shall designate one of the
members as Chairperson. The Minority Leader shall designate one of
the minority caucus members as Minority Spokesperson. The Committee
shall not have a Vice-Chairperson.
(b) The Committee shall study the problems of conflicts of
interest in relation to the responsibilities of legislators and the
laws relating thereto, including the Illinois Governmental Ethics
Act. The Committee shall develop guidelines for the conduct of
members in regard to conflicts of interest, including procedures for
appropriate disclosure of the existence of conflicts. The Committee
shall also recommend changes in the law determined to be desirable to
assure members appropriate guidance in their conduct. Any report of
the Committee shall be filed with the Clerk, who shall reproduce the
report and distribute it to each member, in the same manner as
provided for bills under Rule 39.
ARTICLE VIII
HOUSE OF REPRESENTATIVES 155
JOINT ACTION
(House Rule 72)
72. Concurring in or Receding from Amendments.
(a) If a bill or resolution is received back in the House with
one or more amendments added by the Senate, it is in order for the
Principal Sponsor to present a motion "to concur" or "not to concur
and to ask the Senate to recede" with respect to each, several, or
all of those amendments. Any 2 members may demand a separate record
vote on any of those amendments.
(b) When the Senate has refused to concur in one or more
amendments added to a bill or resolution by the House and has
returned the bill or resolution to the House with a message
requesting the House to recede from one or more of its amendments, it
is in order for the Principal Sponsor to present a motion "to recede"
from the House amendments or "not to recede and to request a
conference". Any 2 members may demand a separate record vote on any
of those amendments.
(House Rule 73)
73. Conference Committees.
(a) A disagreement between the House and Senate exists with
respect to any bill or resolution in the following situations:
(1) when the Senate refuses to recede from the adoption of
any amendment, after the House has previously refused to concur
in the amendment; or
(2) when the House refuses to recede from the adoption of
any amendment, after the Senate has previously refused to concur
in the amendment.
In those cases of disagreement between the House and Senate, the
House may request a conference. When such a request is made, both
chambers of the General Assembly shall appoint members to a committee
to confer on the subject of the bill or resolution giving rise to the
disagreement. The combined membership of the 2 chambers appointed
for that purpose is the conference committee.
(b) The conference committee shall consist of 5 members from
each chamber of the General Assembly. The number of majority caucus
members from each chamber shall be one more than the number of
minority caucus members from each chamber.
(c) Each conference committee shall be comprised of 5 members of
the House, 3 appointed by the Speaker and 2 appointed by the Minority
Leader. No conference committee report may be filed with the Clerk
until a majority of the House conferees has been appointed.
(House Rule 74)
74. Conference Committee Reports.
(a) No subject matter shall be included in any conference
committee report on any bill unless that subject matter directly
relates to the matters of difference between the House and Senate
that have been referred to the conference committee unless the Rules
Committee, by a majority vote of the members appointed, determines
that the proposed subject matter is of an emergency nature, is of
substantial importance to the operation of government, or is in the
best interests of Illinois.
(b) No conference committee report shall be received by the
Clerk or acted upon by the House unless it has been signed by at
least 6 conferees. The report shall be signed in duplicate. One of
the reports shall be filed with the Secretary of the Senate and one
with the Clerk. The report shall contain the agreements reached by
the committee.
(c) If the conference committee determines that it is unable to
reach agreement, the committee shall so report to each chamber of the
General Assembly and request appointment of a second conference
committee. If there is agreement, the committee shall so report to
156 JOURNAL OF THE [January 26, 1999]
each chamber.
(House Rule 75)
75. House Consideration of Joint Action.
(a) No joint action motion for final action or conference
committee report may be considered by the House unless it has first
been referred to the House by the Rules Committee or a standing
committee or special committee in accordance with Rule 18, or unless
the joint action motion or conference committee report has been
discharged from the Rules Committee under Rule 18. Joint action
motions for final consideration and conference committee reports
referred to a standing committee or special committee by the Rules
Committee may not be discharged from the standing committee or
special committee. This subsection (a) may be suspended by unanimous
consent.
(b) No conference committee report may be considered by the
House unless it has been reproduced and placed on the members' desks,
in the same manner as provided for bills under Rule 39, for one full
session day before May 1st, or one full hour on or after May 1st.
(c) Before any conference committee report on an appropriation
bill is considered by the House, the conference committee report
shall first be the subject of a public hearing by a standing
Appropriations Committee or a special committee (the conference
committee report need not be referred to an Appropriations Committee
or special committee, but instead may remain before the Rules
Committee or the House, as the case may be). The hearing shall be
held pursuant to not less than one hour advance notice by
announcement on the House floor, or one day advance notice by posting
on the House bulletin board. An Appropriations Committee or special
committee shall not issue any report with respect to the conference
committee report following the hearing.
(d) Any House Bill amended in the Senate and returned to the
House for concurrence in the Senate amendment shall lie upon the desk
of the Clerk for not less than one hour before being further
considered.
(e) No House Bill that is returned to the House with Senate
amendments may be called except by the Principal Sponsor, or by a
chief co-sponsor with the consent of the Principal Sponsor. This
subsection may not be suspended.
(f) Except as otherwise provided in Rule 74, the report of a
conference committee on a non-appropriation bill or resolution shall
be confined to the subject of the bill or resolution referred to the
conference committee. The report of a conference committee on an
appropriation bill shall be confined to the subject of
appropriations.
(House Rule 76)
76. Action on Conference Committee Reports.
(a) Each chamber of the General Assembly shall inform the other
by message of any action taken with respect to a conference committee
report. Copies of all papers necessary for a complete understanding
of the action shall accompany the message. The original bill or
resolution shall remain in the chamber of origin.
(b) No conference committee report may be called except by the
Principal Sponsor of the bill for which the conference committee was
appointed. A chief co-sponsor may call a conference committee report
with the consent of the Principal Sponsor. This subsection may not be
suspended.
(c) If either chamber refuses to adopt the report of the
conference committee, or the first conference committee is unable to
reach agreement, either chamber may request a second conference
committee. When such a request is made, each chamber shall again
appoint a conference committee. If either chamber refuses to adopt
HOUSE OF REPRESENTATIVES 157
the report of a second conference committee, the 2 chambers shall
have adhered to their disagreement, and the bill or resolution is
lost.
ARTICLE IX
VETOES
(House Rule 77)
77. Recording of Vetoes. Upon the receipt by the House of any
bill returned by the Governor under any of the provisions of Article
IV, Sec. 9 of the Constitution, the Clerk shall enter the objections
of the Governor on the Journal, and shall distribute copies of all
veto messages to each member's desk, together with copies of the
vetoed bill or item, as soon as practical, in the same manner as for
bills under Rule 39.
(House Rule 78)
78. Amendatory Vetoes.
(a) The Principal Sponsor of a bill that has been passed by the
General Assembly may request the Clerk to notify the Governor that
the Principal Sponsor wishes to be consulted by the Governor or his
or her designee before the Governor returns the bill together with
specific recommendations for change under subsection (e) of Section 9
of Article IV of the Illinois Constitution.
(b) Any bill returned by the Governor together with specific
recommendations for change under subsection (e) of Section 9 of
Article IV of the Illinois Constitution is automatically referred to
the Rules Committee and shall be considered as provided in this Rule.
(c) The Governor's specific recommendations for change with
respect to a bill returned under subsection (e) of Section 9 of
Article IV of the Illinois Constitution shall be limited to
addressing the Governor's objections to portions of a bill the
general merit of which the Governor recognizes and shall not alter
the fundamental purpose or legislative scheme set forth in the bill
as passed.
(d) Any bill returned by the Governor together with specific
recommendations for change shall be reviewed by the Rules Committee.
The Rules Committee shall examine the Governor's specific
recommendations for change and determine by a majority of the members
appointed whether those recommendations comply with the standard set
forth in subsection (c). Any bill that the Rules Committee
determines is in compliance with subsection (c) of this Rule shall be
subject to action by the Rules Committee in the same manner as floor
amendments, joint action motions, and conference committee reports
under Rule 18(e).
(e) This rule may not be suspended.
(House Rule 79)
79. Motions to Consider Vetoes. For purposes of this Article,
the term "motions" means motions to accept or override a veto of the
Governor. Motions with respect to bills returned by the Governor may
be made by the Principal Sponsor, the committee Chairperson in the
case of a committee-sponsored bill, or if Co-Chairpersons have been
appointed, by the Co-Chairperson of the majority caucus in the case
of special committee-sponsored bills. Motions shall be filed in
writing with the Clerk. All motions shall be assigned standard
debate status, subject to Rule 52.
(House Rule 80)
80. Consideration of Motions.
(a) The vote to override a veto of a bill vetoed in its entirety
shall be by record vote and shall be entered on the Journal. The form
of motion with respect to these bills shall be: "I move that
________ Bill _____ do pass, notwithstanding the veto of the
Governor."
(b) The vote to override an item veto shall be by record vote as
158 JOURNAL OF THE [January 26, 1999]
to each item separately and shall be entered on the Journal. The
form of motion with respect to an item shall be: "I move that the
item on page ____, line ____, of ____ Bill _____ do pass,
notwithstanding the item veto of the Governor."
(c) The vote to restore an item that has been reduced shall be
by record vote as to each item separately and shall be entered on the
Journal. The form of motion with respect to an item shall be: "I
move that the item on page ____, line ____, of ____ Bill ____ be
restored, notwithstanding the item reduction of the Governor."
(d) A bill returned together with specific recommendations of
the Governor may be acted upon, by record vote, in either of the
following manners:
(1) By a motion to accept the specific recommendations of
the Governor. The form of motion shall be: "I move to accept the
specific recommendations of the Governor as to _____ Bill _____
in manner and form as follows: (inserting herein the language
deemed necessary to effectuate the specific recommendations).";
or
(2) By considering the bill as a vetoed bill and overriding
the recommendation and passing the bill in its original form.
The form of motion shall be: "I move that _____ Bill _____ do
pass, notwithstanding the specific recommendations of the
Governor.".
(House Rule 81)
81. Vetoed Bills Considered in Entirety. If a bill is returned
by the Governor containing more than one item veto, reduction veto,
specific recommendation for change, or combination of them, the bill
shall be acted upon in its entirety before the bill is released from
the custody of the House.
(House Rule 82)
82. Disposition of Vetoes. When a bill or item has received the
affirmative vote of the number of members elected necessary under the
Constitution, the Presiding Officer shall declare that the bill or
item has been passed or restored over the veto of the Governor, or
that the specific recommendations for change have been approved, as
the case may be. The bill shall then be attested to by the Clerk who
shall note thereon the day the bill passed. The bill and the
objections of the Governor shall then be immediately delivered to the
Senate. When specific recommendations have been accepted, then the
accepting language shall be attached to the original bill, and the
bill shall be delivered to the Senate.
ARTICLE X
ELECTION CONTESTS AND QUALIFICATIONS CHALLENGES
(House Rule 83)
83. Election Contests and Qualifications Challenges.
(a) An election contest places in issue only the validity of the
results of an election of a member to the House in a representative
district. An election contest may result only in a determination of
which candidate in that election was properly elected to the House
and shall be seated.
(b) A qualifications challenge places in issue only the
qualifications of an incumbent member of the House under the
Constitution, or the legality of an appointment of a person as a
member of the House to fill a vacancy. A qualifications challenge
may result only in a determination of whether a member of the House
is properly seated.
(c) Election contests and qualifications challenges shall be
brought and conducted as provided in these Rules.
(d) If an election contest or qualifications challenge is filed
with the Clerk, the Speaker shall create an Election Contest or
Qualifications Challenge Committee, as the case may be, within 3
HOUSE OF REPRESENTATIVES 159
legislative days by filing a notice with the Clerk. The creation of
any committee under this Rule shall be governed by Rule 10. The
election contest or qualifications challenge shall be automatically
referred to the Election Contest or Qualifications Challenge
Committee, as the case may be. For purposes of this Article, the term
"committee" means only the Election Contest or Qualifications
Challenge Committees created under this Rule. This subsection may
not be suspended.
(e) The committee may adopt rules to govern election contests
and qualifications challenges, but those committee rules must be
consistent with these Rules, must be filed with the Clerk, and must
be made available to all parties and to the public. Any committee
rule shall be subject to amendment, suspension, or repeal by House
resolution.
(House Rule 84)
84. Initiating Election Contests.
(a) Election contests may be brought only by a registered voter
of the representative district or by a member of the House.
(b) Election contests may be brought only by the procedures and
within the time limits established by the Election Code. Notice of
intention to contest shall be served on the person certified as
elected to the House from the representative district within the time
limits established by the Election Code. The requirements of this
subsection apply to a member of the House appointed to fill a vacancy
the same as if that member had been elected to the House.
(c) Within 10 days after the convening of the House in January
following the general election contested, each contestant shall file
with the Clerk a petition of election contest and shall serve the
petition on the incumbent member of the House from the representative
district. A petition of election contest shall allege the
contestant's qualifications to bring the contest and to serve as a
member of the House, that he or she believes that a mistake or fraud
has been committed in specified precincts in the counting, return, or
canvass of the votes, or that there was some other specified
irregularity in the conduct of the election in specified precincts.
A petition of election contest shall contain a prayer specifying the
relief requested and the precincts in which a recount or other
inquiry is desired. A petition of election contest shall be verified
by affidavit swearing to the truth of the allegations or based upon
information and belief, and shall be accompanied by proof of service
on all respondents.
(d) A notice of intent to contest may not be amended to cure a
defect under the statutory requirements. A petition of election
contest, if filed and served after the notice of intention to
contest, may not raise points not expressed in the notice.
(e) The incumbent member of the House from the representative
district is a necessary party to the initiation of an election
contest.
(House Rule 85)
85. Initiating Qualifications Challenges.
(a) Qualifications challenges may be brought only by a
registered voter of the representative district of the representative
challenged or by a member of the House.
(b) Qualifications challenges must be brought within 90 days
after the day the challenged member takes his or her oath of office
as a member of the House, or within 90 days after the day the
petitioner first learns of the information on which the challenge is
based, whichever occurs later.
(c) A qualifications challenge shall be brought by filing a
petition of qualifications challenge with the Clerk, and by serving a
copy of the petition on the respondent member of the House. The
160 JOURNAL OF THE [January 26, 1999]
petition must be accompanied by proof of personal service upon the
respondent member and must be verified by affidavit swearing to the
truth of the allegations or based upon information and belief. A
petition of qualifications challenge shall set forth the grounds on
which the respondent member is alleged to be constitutionally
unqualified, or on which his or her appointment to the House is
claimed to be legally improper, the qualifications of the petitioner
to bring the challenge, and a prayer for relief.
(House Rule 86)
86. Contests and Challenges; Due Process.
(a) Election contests and challenges shall be heard and
determined as expeditiously as possible under adversary procedures
wherein each party to the proceedings has a reasonable opportunity to
present his or her claim, to present any defense and arguments, and
to respond to those of his or her opponents. All parties may be
represented by counsel.
(b) Election contests and qualifications challenges shall be
heard and determined in accordance with the applicable provisions of
the Election Code and other Illinois statutes, the Illinois
Constitution, and the United States Constitution. Judicial decisions
that bear on a point of law in a contest or challenge shall be
admissible in the arguments of the parties and the deliberations and
decisions of the committee. Judicial decisions applicable to a point
of law or to a fact situation to the committee shall be given weight
as precedent.
(c) In addition to notice of meetings required under these
Rules, the committee and any subcommittee shall give notice to all
parties reasonably in advance of each meeting or other proceeding.
The committee shall also give notice of all rules, timetables, or
deadlines adopted by the committee. Notice under this subsection
shall be in writing and shall be given either personally with
receipt, or by certified mail (return receipt requested) addressed
to the party at his or her place of residence, and to his or her
attorney of record at the attorney's office if so requested by the
party.
(House Rule 87)
87. Committee Proceedings and Powers in Contests and Challenges.
(a) All proceedings of the committee and any subcommittees
concerning election contests and qualifications challenges shall be
transcribed by a certified court reporter. Copies of the transcript
shall be made available to the members of the committee and to the
parties.
(b) The committee may dismiss an election contest or
qualifications challenge, or may determine to proceed to a recount or
other inquiry. The committee may limit the issues to be determined
in a contest or challenge, except that when a recount is conducted in
an election contest, any precinct timely requested by any party to be
recounted shall be recounted by the committee.
(c) In conducting inquiries, investigations, and recounts in
election contests and qualifications challenges, the committee has
the power to send for and compel the attendance of witnesses and the
production of books, papers, ballots, documents, and records by
subpoena signed by the Chairperson of the committee as provided by
law and subject to Rule 4(c)(9). In conducting proceedings in
election contests and qualifications challenges, the Chairperson of
the committee and the Chairperson of any subcommittee may administer
oaths to witnesses, as provided by law, and for this purpose a
subcommittee is deemed to be a committee of the House.
(d) The committee may issue commissions by its Chairperson to
any officer authorized to take depositions of any necessary witnesses
as may be permitted by law. In recounting the ballots in any
HOUSE OF REPRESENTATIVES 161
election contest, however, no person other than a member of the
committee shall handle any ballots, tally sheets, or other election
materials without consent of the committee or subcommittee. The
responsibility for the actual recounting of ballots may not be
delegated.
(e) The committee shall maintain an accurate and complete record
of proceedings in every election contest and qualifications
challenge. That record shall include all notices and pleadings, the
transcripts and roll call votes, all reports and dissents, and all
documents that were admitted into the proceeding. The committee
shall file the record with the Clerk of the House upon the adoption
of its final report. The record shall then be available for
examination in the Clerk's office.
(f) With the approval of the Speaker, the committee may employ
clerks, stenographers, court reporters, professional staff, and
messengers.
(House Rule 88)
88. Adoption of Reports in Contests and Challenges.
(a) All final decisions of the committee regarding an election
contest or qualification challenge shall be approved by a majority of
the members appointed to the committee and reported in writing to the
House. Reports shall include a specific recommendation to the House
as to the disposition of the contest or challenge. Final reports
following full inquiry on the merits of a contest or challenge shall
contain findings of fact and, when necessary, conclusions of law.
(b) Any member of the committee may file a dissent from a report
of the committee, a minority report, or a special concurrence with
the majority report or with any minority report.
(c) A subcommittee shall report to the committee in writing in
the same form as required for the committee report. Subcommittee
members may file dissents, reports, and special concurrences.
(d) Reports shall not be adopted by the committee or a
subcommittee until a hearing has been held thereon, with notice to
all parties and a reasonable opportunity to examine and respond to a
proposed majority report.
(e) Reports of the committee shall be filed with the Clerk,
reproduced, and placed on the members' desks, along with any
dissents, minority reports, or special concurrences, in the same
manner as provided for bills under Rule 39. The report shall be
listed on the calendar under the heading "Report of Election Contest"
or "Report of Qualifications Challenge". The report shall be carried
on the Daily Calendar for 2 legislative days before any action by the
House.
(f) The House shall adopt the majority report or a minority
report in an election contest or qualifications challenge or shall
refuse to adopt any report filed and re-refer the contest or
challenge to the committee for further proceedings or for a modified
report. A report that has the effect of unseating an incumbent
member of the House shall be adopted only by the affirmative vote of
60 members elected.
(g) Each party to a contest or challenge shall file with the
Clerk of the committee within 10 days after the filing of the final
report a detailed statement of attorney's fees and expenses incurred
by that party in connection with the case. The committee shall make
recommendations to the House concerning reimbursement of attorney's
fees and the expenses of the parties. The recommendation shall not
exceed a sum that is reasonable, just, and proper.
ARTICLE XI
DISCIPLINE AND PROTEST
(House Rule 89)
89. Disorderly Behavior.
162 JOURNAL OF THE [January 26, 1999]
(a) In accordance with Article IV, Sec. 6(d) of the
Constitution, the House may punish any of its members for disorderly
behavior and, with the concurrence of two-thirds of the members
elected, expel a member (but not for a second time for the same
offense). The reason for expulsion shall be entered upon the Journal
with the names and votes of those members voting on the question.
(b) In accordance with Article IV, Sec. 6(d) of the
Constitution, the House during its session may punish by imprisonment
any person, not a member, guilty of disrespect to the House by
disorderly or contemptuous behavior in its presence. That
imprisonment shall not extend beyond 24 hours at one time unless the
person persists in disorderly or contemptuous behavior.
(House Rule 90)
90. Protest. Any 2 members have the right to dissent and
protest, in respectful language, against any act or resolution that
they may think injurious to the public or to any individual, and have
the reason of their protest entered upon the Journal. When by motion
a majority of members determines that the language of a protest is
not respectful, the protest shall be referred back to the protesting
members.
ARTICLE XII
DISCIPLINARY PROCEEDINGS
(House Rule 91)
91. Initiating Disciplinary Proceedings.
(a) Disciplinary proceedings may be commenced by filing with the
Speaker a petition for a special investigating committee. The
petition must be signed by at least one member of the House, and
shall contain suggested charges which, if true, may subject the
member named in the petition to disciplinary action by the House. If
the petition is signed by 3 or more members of the House, the Speaker
shall appoint 3 members of the majority caucus and the Minority
Leader shall appoint 3 members of the minority caucus to a special
investigating committee. If the petition is signed by fewer than 3
members of the House, the Speaker shall consult the member named in
the petition, and unless that member objects in writing, the Speaker
and the Minority Leader shall appoint a special investigating
committee. If the member named in the petition objects to the
appointment of a special investigating committee, any member who
signed a petition for an investigation under this Rule may introduce
a resolution to initiate disciplinary proceedings. Unless a
resolution initiating disciplinary proceedings is introduced under
this Rule, the contents of a petition for a special investigating
committee shall be confidential except as to the member named, the
members signing it, the Speaker, and the members of a special
investigating committee.
(b) A resolution to initiate disciplinary proceedings shall be
substantially in the following form:
"BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE
______________ GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that a
Special Investigating Committee be appointed to investigate
allegations concerning the conduct of Representative
_______________________, which, if true, may subject that member to
disciplinary action by the House of Representatives."
A resolution to initiate disciplinary proceedings may be
introduced only as permitted under this Rule. It is improper to
attempt to initiate disciplinary proceedings in any manner not
authorized by this Rule.
(c) A resolution to initiate disciplinary proceedings shall not
be assigned to committee, notwithstanding the provisions of Rule
15. The resolution shall lie on the Speaker's Table and shall be
called within 5 legislative days.
HOUSE OF REPRESENTATIVES 163
(d) A resolution to initiate disciplinary proceedings is
debatable.
(e) A resolution initiating disciplinary proceedings may be
adopted only by the affirmative vote of 60 members elected.
(f) This Rule may be suspended only by unanimous consent.
(House Rule 92)
92. Preliminary Investigation.
(a) Pursuant to a petition or upon the adoption of a resolution
initiating disciplinary proceedings, as provided in Rule 91, a
special investigating committee consisting of 6 members shall be
appointed, of whom 3 shall be appointed by the Speaker from the
majority caucus and 3 shall be appointed by the Minority Leader from
the minority caucus. The Speaker shall appoint the Chairperson of
the special investigating committee from among the 6 members.
Sponsors of the initiating resolution may not be appointed to the
special investigating committee.
(b) The special investigating committee shall conduct a thorough
investigation of all allegations and charges of impropriety
concerning the member named in the initiating resolution that are
brought to its attention to determine if reasonable grounds exist to
bring charges against the member for formal disciplinary proceedings
by the House. The special investigating committee shall meet with
the Principal Sponsor of the initiating resolution at its initial
meeting.
At the initial meeting, the Principal Sponsor of the initiating
resolution shall submit to the special investigating committee a
written list of suggested charges. The list shall define the scope of
the inquiry or investigation pursuant to the initiating resolution.
If the Principal Sponsor of the initiating resolution fails to submit
a list, the special committee shall report a resolution of
exoneration.
The Principal Sponsor of the initiating resolution shall also
submit to the special investigating committee all information he or
she may have relevant to the charges and allegations.
(c) The special investigating committee shall conduct all of its
proceedings in executive session, and shall maintain strict
confidence as to all of its proceedings and all witnesses, testimony,
information, and exhibits that may come before it. No transcript or
record of proceedings shall be taken. This subsection shall be
adopted and effective upon an affirmative vote of 79 members. This
subsection may not be suspended.
(d) Except for its initial meeting, any posting or notice
requirements do not apply to meetings of the special investigating
committee, but the Chairperson shall give notice of all meetings to
the member named in and the Principal Sponsor of the initiating
resolution and shall give reasonable notice to the public. The
member who is the subject of the initiating resolution has the right
to counsel during proceedings of the special investigating committee.
(e) Except for subsection (c), this Rule may be suspended only
by the affirmative vote of 71 members elected.
(House Rule 93)
93. Report of Special Investigating Committee.
(a) The special investigating committee shall report in writing.
All reports shall be signed by the members supporting the report.
(b) If a majority of the members of the special committee
determines to prefer charges, it shall file with the Clerk a formal
statement of charges and specifications, and shall appoint 2 members
of the House, one from the majority caucus and one from the minority
caucus, who are not members of the special investigating committee to
be managers for the House at the hearing on the charges. The
statement of charges shall constitute the report of the special
164 JOURNAL OF THE [January 26, 1999]
committee, but the special committee in its discretion may file a
supplementary report stating its reasons for not bringing any other
charges that may have been suggested to it.
(c) If the special committee determines not to prefer charges,
it shall file with the Clerk a resolution exonerating the member
named in the initiating resolution together with a report stating its
reasons for not preferring charges.
(d) If the special committee cannot by majority vote of its
members determine whether to prefer charges, the committee shall file
with the Clerk a resolution of exoneration and a report stating the
affirmative reasons for not preferring charges. That report shall be
signed by all members of the special investigating committee,
regardless of their original vote in the committee proceedings on
whether to prefer charges.
(e) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 94)
94. Select Committee on Discipline.
(a) When charges are preferred against any member of the House
under Rule 93, the Speaker and the Minority Leader shall appoint a
committee, to be known as a select committee on discipline, to hear
and determine the charges. The select committee shall consist of 12
members of the House, 6 of whom shall be appointed by the Speaker
from the majority caucus and 6 of whom shall be appointed by the
Minority Leader from the minority caucus. The Speaker shall appoint
a Chairperson of the select committee from among the 12 members. No
member who served on the special investigating committee or any
sponsor of the initiating resolution may be appointed to the select
committee.
(b) All appointments to a select committee on discipline shall
be completed and the select committee shall convene within 30 days
after the filing of charges for which the committee is appointed.
(c) This Rule may be suspended only by the affirmative vote of
79 members elected.
(House Rule 95)
95. Hearings on Disciplinary Charges.
(a) Proceedings before the select committee on discipline shall
be adversary in form, with the managers for the House presenting the
case for disciplinary action. The respondent member may be
represented by counsel.
(b) Stipulations of fact shall be encouraged by the select
committee.
(c) The rules of evidence applicable to criminal proceedings
apply except as may be waived by the managers or respondent, as may
be appropriate.
(House Rule 96)
96. Report of Select Committee.
(a) The committee shall vote on each specification and charge,
except that a vote of exoneration on a charge shall be a vote as to
all specifications under that charge. All final votes on the merits
of a charge or specification shall be by record vote.
(b) A finding of fault or exoneration on any specification or
charge requires an affirmative vote of a majority of the members
appointed to the select committee.
(c) The committee shall file a report of its findings on each
specification and charge and a recommendation as to penalty with the
Clerk. The report shall state the reasons for each conclusion and
recommendation. If the committee finds the respondent member
exonerated regarding any charge, it shall report a resolution of
exoneration together with its report. If the select committee finds
the respondent member at fault regarding any charge, it shall report
HOUSE OF REPRESENTATIVES 165
a resolution embodying its findings and recommended penalty.
(d) If a select committee reports a finding of fault regarding
any charge, any member of the select committee may file a minority
report with the Clerk either dissenting from a finding, reason, or
recommendation in the majority report or stating a concurrence on
different grounds. A dissenting report may include a resolution of
exoneration as to any charge or specifications.
(e) When a select committee has found a member at fault
regarding a charge, the committee shall adopt a recommendation for
disciplinary action. The committee may recommend a reprimand, a
censure, expulsion from the House, or that no penalty be invoked.
The recommendation on disciplinary action requires an affirmative
vote of the majority of the members appointed to the select
committee.
(f) This Rule may be suspended only by the affirmative vote of
71 members elected.
(House Rule 97)
97. House Action on Disciplinary Reports.
(a) The report of a select committee, together with any
dissenting or concurring reports, and any accompanying resolution,
shall be reproduced and placed on the members' desks, in the same
manner as for bills under Rule 39. The report shall be placed on the
calendar under the heading "Report of Select Committee on
Discipline". The report shall be carried on the Daily Calendar for 2
legislative days before any action by the House.
(b) If the report of a select committee or a special
investigating committee exonerates the respondent member, the House
shall take up the resolution or re-refer the case to the committee
for further proceedings.
(c) If the select committee reports a finding of fault as to any
charge, the House shall take up the resolution for disciplinary
action together with any minority resolutions. The House may amend a
resolution for disciplinary action to decrease the recommended
penalty.
(d) The House shall take action by a record vote on each
resolution. Adoption of a resolution finding the respondent member
at fault regarding charges and specifications shall dispose of any
minority resolution of exoneration on those charges and
specifications. If the House adopts a resolution of exoneration as
to any charge or specification, a majority resolution shall be
amended in accord with that disposition of those charges and
specifications before it may be called for a final vote. If the
adoption of exoneration resolutions disposes of all the charges and
specifications in a majority resolution for disciplinary action, the
majority resolution shall be tabled.
(e) Following record votes on all majority and minority
resolutions arising out of a select committee finding of fault on a
charge or specification, if there remains any charge or specification
on which the House has neither exonerated the member or adopted a
finding of fault, then any member may introduce and move a resolution
of exoneration on that charge or specification.
(f) A resolution finding a member at fault regarding a charge
may be adopted only by the affirmative vote of 71 members elected,
except that a resolution the effect of which is to expel a member may
be adopted only by the affirmative vote of 79 members elected.
(g) This Rule may be suspended only by the affirmative vote of
79 members elected.
ARTICLE XIII
FORCE AND EFFECT
(House Rule 98)
98. Applicability. The meetings and actions of the House,
166 JOURNAL OF THE [January 26, 1999]
including all of its committees, are governed by these House Rules.
(House Rule 99)
99. Parliamentary Authority. The rules of parliamentary
practice appearing in the latest edition of Robert's Rules of Order
govern the House in all cases to which they apply so long as they are
not inconsistent with these Rules.
(House Rule 100)
100. Certification by Speaker. With respect to each bill that
is certified by the Speaker in accordance with Article IV, Sec. 8(d)
of the Constitution, there is an irrebuttable presumption that the
procedural requirements for passage have been met.
(House Rule 101)
101. Effective Date. These rules are in full force and effect
upon their adoption, and shall remain in full force and effect except
as amended in accordance with these Rules, or until superseded by new
rules adopted as part of the organization of a newly-constituted
General Assembly at the commencement of a term.
ARTICLE XIV
DEFINITIONS
(House Rule 102)
102. Definitions. As used in these Rules, terms have the
meanings ascribed to them as follows, unless the context clearly
requires a different meaning:
(1) Chairperson. "Chairperson" means that Representative
designated by the Speaker to serve as chair of a committee.
(2) Co-Chairperson. "Co-Chairperson" means a
Representative designated by the Speaker to serve as co-chair of
a special committee.
(3) Clerk. "Clerk" means the elected Clerk of the House.
(4) Committee. "Committee" means a committee of the House
and includes a standing committee, the Rules Committee, a special
committee, the Committee on Conflicts of Interest, committees
created under Article X and Article XII of these Rules, and a
subcommittee of a committee. "Committee" does not mean a
conference committee, and the procedural and notice requirements
applicable to committees do not apply to conference committees.
(5) Constitution. "Constitution" means the Constitution of
the State of Illinois.
(6) General Assembly. "General Assembly" means the current
General Assembly of the State of Illinois.
(7) House. "House" means the House of Representatives of
the General Assembly.
(8) Joint Action Motions. "Joint action motions" means the
following motions before the House: to concur in a Senate
amendment, to non-concur in a Senate amendment, to recede from a
House amendment, to refuse to recede from a House amendment, to
request that a conference committee be appointed, and to adopt a
conference committee report.
(9) Legislative Digest. "Legislative Digest" means the
Legislative Synopsis and Digest that is prepared by the
Legislative Reference Bureau of the General Assembly.
(10) Legislative Measures. "Legislative measures" means
all matters brought before the House for consideration, whether
originated in the House or Senate, and includes bills,
amendments, resolutions, conference committee reports, motions,
messages, notices, and Executive Orders from the executive
branch.
(11) Majority. "Majority" means a majority of those
members present and voting on a question. Unless otherwise
specified with respect to a particular House Rule, for purposes
of determining the number of members present and voting on a
HOUSE OF REPRESENTATIVES 167
question, a "present" vote shall not be counted.
(12) Majority Caucus. "Majority caucus" means that group
of Representatives from the numerically strongest political party
in the House.
(13) Majority of those Appointed. "Majority of those
appointed" means a majority of the total number of
Representatives authorized under these Rules to be appointed to a
committee.
(14) Majority of those Elected. "Majority of those
elected" means a majority of the total number of Representatives
entitled to be elected to the House, regardless of the number of
elected or appointed Representatives actually serving in office.
So long as 118 Representatives are entitled to be elected to the
House, "majority of those elected" means 60 affirmative votes; 71
affirmative votes means three-fifths of the members elected; and
79 affirmative votes means two-thirds of the members elected.
(15) Member. "Member" means a Representative. Where the
context so requires, "member" may also mean a Senator of the
Illinois Senate.
(16) Members Appointed. "Members appointed" means the
total number of Representatives authorized under these Rules to
be appointed to a committee.
(17) Members Elected. "Members elected" means the 118
Representatives entitled to be elected to the House, regardless
of the number of elected or appointed Representatives actually
serving in office.
(18) Minority Caucus. "Minority caucus" means that group
of Representatives from the second numerically strongest
political party in the House.
(19) Minority Leader. "Minority Leader" means the Minority
Leader of the House elected under Rule 2.
(20) Minority Spokesperson. "Minority spokesperson" means
that Representative designated by the Minority Leader to serve as
the minority spokesperson of a committee.
(21) Perfunctory Session. "Perfunctory session" means the
convening of the House, pursuant to the scheduling of the
Speaker, for purposes consistent with Rule 28.
(22) Presiding Officer. "Presiding Officer" means that
Representative serving as the presiding officer of the House,
whether that Representative is the Speaker or another
Representative designated by the Speaker under Rule 4.
(23) Principal Sponsor. "Principal sponsor" means the
first listed House sponsor of any legislative measure; with
respect to a standing committee-sponsored bill or resolution, it
means the Chairperson of the committee; with respect to a special
committee-sponsored bill or resolution, it means the
Co-Chairperson from the majority caucus.
(24) Record Vote. "Record vote" means a vote by ayes and
nays entered on the journal.
(25) Representative. "Representative" means any duly
elected or duly appointed Illinois State Representative, and
means the same as "member".
(26) Senate. "Senate" means the Senate of the General
Assembly.
(27) Speaker. "Speaker" means the Speaker of the House
elected as provided in Rule 1.
(28) Term. "Term" means the 2-year term of a General
Assembly.
(29) Vice-Chairperson. "Vice-Chairperson" means that
Representative designated by the Speaker to serve as
Vice-Chairperson of a committee.
168 JOURNAL OF THE [January 26, 1999]
At the hour of 8:23 p.m., Representative Klingler moved that the
House do now adjourn.
The motion prevailed.
And in accordance therewith and pursuant to SENATE JOINT
RESOLUTION 1, the House stood adjourned until Wednesday, January 27,
1999, at 1:00 o'clock p.m.
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