STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
1ST LEGISLATIVE DAY
FIRST SPECIAL SESSION
MONDAY, JUNE 10, 2002
2:00 O'CLOCK P.M.
NO. 1
[June 10, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 1st Legislative Day Action Page(s) Adjournment........................................ 8 Committee of the Whole............................. 6 First Special Session Proclamation................. 3 Fiscal Note Supplied............................... 4 Quorum Roll Call................................... 3 Quorum Roll Call................................... 8 Bill Number Legislative Action Page(s) HB 3714 Total Veto......................................... 7 HR 0001 Adoption........................................... 6
3 [June 10, 2002] The House met pursuant to adjournment. Representative Hartke in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Bellock led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 111 present. (ROLL CALL 1) By unanimous consent, Representatives Brosnahan, Durkin, Joseph Lyons, Pankau, Ryan, Simpson and Slone were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Dart, should be recorded as present. OFFICE OF THE SECRETARY OF STATE JESSE WHITE - Secretary of State June 7, 2002 Honorable Tony Rossi Clerk of the House of Representatives Room 402 Capitol Building Springfield, IL 62706 Dear Clerk Rossi: Enclosed please find a copy of Proclamation No. 2002-320, filed in my office on June 7, 2002, by Governor George H. Ryan, calling for a Special Session of the 92nd General Assembly, to begin at 2:00 p.m. on Monday, June 10, 2002. A notice and accompanying Proclamation has been mailed today to each Member's Springfield office. Sincerely, s/Jesse White Secretary of State STATE OF ILLINOIS EXECUTIVE DEPARTMENT SPRINGFIELD, ILLINOIS PROCLAMATION 2002-320 WHEREAS, the Illinois Constitution requires the General Assembly to make appropriations for a fiscal year that shall not exceed the funds estimated by the General Assembly be available during that fiscal year; and WHEREAS, the Illinois Constitution authorizes the Governor to veto a bill by returning such bill with his objections to the house in which it originated. THEREFORE, pursuant to Article IV, Section 5(b) of the Illinois Constitution of 1970, I hereby call and convene the 92nd General Assembly in special session to commence on Monday, June 10, 2002, at 2:00 p.m. to consider my reductions and vetoes of items of appropriations in Senate Bill 2393 and to consider my veto of House Bill 3714.
[June 10, 2002] 4 s/GEORGE H. RYAN Governor Dated: June 7, 2002 FISCAL NOTE SUPPLIED Fiscal NoteS have been supplied for HOUSE BILLS 4054 and 4415. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Resolution, to-wit: SENATE RESOLUTION NO. 1 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, AT THE FIRST SPECIAL SESSION THEREOF, that the Secretary inform the House of Representatives that a majority of the members of the Senate has assembled pursuant to the proclamation of the Governor convening a special session of the General Assembly, and are now ready for the transaction of business. Adopted by the Senate, June 10, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to concur with the House in a bill of the following title, the veto of the Governor to the contrary notwithstanding, to-wit: House Bill No. 3714 A bill for AN ACT in relation to criminal law. Action taken by the Senate, June 11, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate OFFICE OF THE SECRETARY OF STATE JESSE WHITE - Secretary of State June 10, 2002 To the Honorable Speaker of the House: Sir: In compliance with the provisions of the Constitution of the State of Illinois, I am forwarding herewith the enclosed House Bills, as vetoed by the Governor together with his objections HOUSE BILL 3714 Sincerely, s/Jesse White Secretary of State
5 [June 10, 2002] OFFICE OF THE GOVERNOR 207 STATE CAPITOL, SPRINGFIELD, ILLINOIS 62706 GEORGE H. RYAN GOVERNOR June 10, 2002 To the Honorable Members of the Illinois House of Representatives 92nd General Assembly Pursuant to Article IV, Section 9(b) of the Illinois Constitution of 1970, I hereby veto House Bill 3714 entitled, "AN ACT in relation to criminal law." House Bill 3714 would amend the Unified Code of Corrections to forbid DoC from entering into a contract with a private vendor to provide food or commissary services for institutions or facilities of the Department. House Bill 3714 further stipulates that for the purposes of this Act, "private vendor" means a vendor that is not the State of Illinois. House Bill 3714 was introduced to prohibit DoC from expanding the current use of a legitimate cost-saving initiative that is needed to help balance the Fiscal Year 2003 State budget. The privatization of prison food services works successfully in Illinois, as it does in 14 other states and in the federal government's prison system. If this bill were to become law, State government would face added costs in the Fiscal Year 2003 budget of $27 million. Many arguments have been given for reasons why DoC should maintain the status quo with their food service functions. None stand up against the facts. The Department already has proven that privatization of dietary services works in Illinois. The use of contractual food services had been in place at Joliet Correctional Center from 1982 until its recent closure. The use of contractual food services is also in place at the Department's 11 adult transition centers, and private Commissary contracts are in place at the "super-max" Tamms Correctional Center and at most of the State's juvenile facilities. No problems have occurred at Joliet, Tamms, the adult transition centers or any of the juvenile facilities because of these privatized services. Safety within Illinois prisons will not be affected by privatizing prison food services. Right now, of the approximately 500 dietary employes currently employed by DoC, 305 were hired from neighboring communities with no prior corrections experience. As would be the case with all contractual employees, all current dietary employees without any prior corrections experience were required to undergo and pass criminal background investigations and drug testing prior to being hired. All food services employees are required to attend a one week pre-service orientation session. Contracting with private vendors for prison food services is an accepted practice in Illinois. Several counties in Illinois have fully privatized their food services. Most notably, Cook County has privatized food services for the more than 11,000 inmates that it houses. Other counties that have privatized their food service include: Depage, Lake, McHenry, Kane, Rock Island, Winnebago, Boone, Champaign, and St Clair. By implementing a plan to privatize food and commissary service, DoC estimates that it will save approximately $25 million in Fiscal Year 2003. The Fiscal Year 2003 budget for Department is based on these cost savings. Enactment of HB 3714 also would prevent the continuation of the dietary and commissary services that already are privatized at the Department's various adult transition centers and juvenile facilities. If the State is forced to assume the direct operation of these services, the new associated costs are anticipated to be $2 million for Fiscal Year 2003. Finally, I believe that it is very important that the Governor
[June 10, 2002] 6 maintain flexibility in managing Executive Branch agencies, including maintaining authority over whether or not non-correctional services at the DoC may be provided by private vendors. For these reasons, I hereby veto and return House Bill 3714. Sincerely, s/GEORGE H. RYAN Governor RESOLUTIONS Representative Currie offered the following Resolutions: HOUSE RESOLUTION 1 FIRST SPECIAL SESSION RESOLVED, That the Rules of the House of Representatives of the Ninety-Second General Assembly be adopted as the Rules of this Special Session, so far as the same may be applicable, and that the Committees of the House of Representatives of the Ninety-Second General Assembly, including the House Journal Review Committee and their membership, shall constitute the Committees of the House during this Special Session. HOUSE RESOLUTION 2 FIRST SPECIAL SESSION RESOLVED, That the Clerk inform the Senate that a majority of the House has assembled, pursuant to the Proclamation of the Governor, convening a Special Session of the General Assembly and are now ready for the transaction of business. Representative Currie then moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. CONVENEING THE COMMITTEE ON THE WHOLE At the hour of 2:38 o'clock p.m., Representative Currie asked and obtained unanimous consent to resolve the House itself into a Committee of the Whole for the purpose of a subject matter hearing on the Governor's Item Reduction vetos to RY 2003 Budget in accordance with guidelines established by the Speaker. Leave for the use of the Attendance Roll Call from the Regular Session to use in the Special Session was granted. Representative Hannig was appointed Chairman of the Committee of the Whole. Representative Currie moved that the Committee of the Whole rise. The motion prevailed. At the hour of 5:34 o'clock p.m., the Committee of the Whole stood in recess until Tuesday, June 11, 2002 at 11:05 o'clock a.m. SPECIAL SESSION RECONVENES At the hour of 5:35 o'clock p.m., Representative Hartke reconvened the House in Special Session. The motion prevailed. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Hannig
7 [June 10, 2002] moved that HOUSE BILL 3714 do pass, the Veto of the Governor notwithstanding. A three-fifths vote is required. And on that motion, a vote was taken resulting as follows: 90, Yeas; 21, Nays; 0, Answering Present. (ROLL CALL 2) The motion, having received the votes of three-fifths of the Members elected, prevailed and the bill was declared passed, the veto of the Governor notwithstanding. Ordered that the Clerk inform the Senate and ask their concurrence. At the hour of 6:11 o'clock p.m., Representative Currie moved that the House do now adjourn until Tuesday, June 11, 2002, at 11:00 o'clock a.m. The motion prevailed. And the First Special Session stood adjourned.
[June 10, 2002] 8 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY FIRST SPECIAL SESSION HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE JUN 10, 2002 0 YEAS 0 NAYS 111 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER E LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT E RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY E SIMPSON E BROSNAHAN P HANNIG P McGUIRE E SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER P STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS P KENNER P O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ E PANKAU P MR. SPEAKER E DURKIN P LANG E - Denotes Excused Absence
9 [June 10, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3714 CD CORR-PRIVATE VENDOR-FOOD OVERRIDE TOTAL VETO PREVAILED THREE-FIFTHS VOTE REQUIRED JUN 10, 2002 90 YEAS 21 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER N PARKE N BASSI Y FEIGENHOLTZ N LEITCH Y POE N BEAUBIEN Y FLOWERS Y LINDNER Y REITZ N BELLOCK Y FORBY N LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER E LYONS,JOSEPH Y RUTHERFORD N BIGGINS Y FRANKS N MARQUARDT E RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY E SIMPSON E BROSNAHAN Y HANNIG Y McGUIRE E SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI N HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT N WAIT N COWLISHAW Y JEFFERSON Y MORROW Y WATSON N CROSS N JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY N WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK N WOJCIK N DANIELS Y KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER N O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ E PANKAU Y MR. SPEAKER E DURKIN Y LANG E - Denotes Excused Absence