State of Illinois
                            92nd General Assembly
                              Daily House Journal

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STATE OF ILLINOIS                               HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-SECOND GENERAL ASSEMBLY 87TH LEGISLATIVE DAY WEDNESDAY, JANUARY 30, 2002 1:00 O'CLOCK P.M. NO. 87
[January 30, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 87th Legislative Day Action Page(s) Adjournment........................................ 31 Change of Sponsorship.............................. 5 Committee on Rules Reassignments................... 3 Committee on Rules Referrals....................... 3 Fiscal Note Supplied............................... 4 Introduction and First Reading - HB4116-4277....... 5 Quorum Roll Call................................... 3 Bill Number Legislative Action Page(s) HB 1689 Second Reading - Amendment/s....................... 17 HB 3629 Committee Report................................... 4 HB 3645 Committee Report................................... 4 HB 3662 Committee Report................................... 4 HB 3769 Committee Report................................... 4 HB 3774 Committee Report................................... 5 HC 0009 Constitutional Amendment - First Reading........... 30 HJR 0056 Resolution......................................... 25 HJR 0057 Resolution......................................... 26 HR 0611 Adoption........................................... 22 HR 0614 Resolution......................................... 23 HR 0616 Resolution......................................... 23 HR 0623 Resolution......................................... 24 HR 0624 Resolution......................................... 24 HR 0625 Agreed Resolution.................................. 11 HR 0626 Agreed Resolution.................................. 12 HR 0627 Agreed Resolution.................................. 12 HR 0628 Agreed Resolution.................................. 13 HR 0629 Agreed Resolution.................................. 13 HR 0630 Agreed Resolution.................................. 14 HR 0631 Agreed Resolution.................................. 14 HR 0632 Agreed Resolution.................................. 15 HR 0633 Agreed Resolution.................................. 15 HR 0634 Agreed Resolution.................................. 16 SJR 0001 Senate Message..................................... 5
3 [January 30, 2002] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend Paul Nelson of the First Presbyterian Church in Woodstock, Illinois. Representative Franks led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 114 present. (ROLL CALL 1) By unanimous consent, Representatives Bugielski, Monique Davis, Smith and Sommer were excused from attendance. COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Aging: HOUSE BILL 4034. Committee on Agriculture: HOUSE BILL 4052. Committee on Appropriations-General Services: HOUSE BILLS 3845, 3919 and 4065. Committee on Appropriations-Higher Education: HOUSE BILL 4048. Committee on Appropriations-Human Services: HOUSE BILLS 3861, 3892, 3893 and 3979. Committee on Appropriations-Public Safety: HOUSE BILLS 3978 and 4036. Committee on Cities & Villages: HOUSE BILLS 3953 and 4050. Committee on Consumer Protection: HOUSE BILL 3954. Committee on Counties & Townships: HOUSE BILL 3812. Committee on Computer Technoloby: HOUSE BILL 4099. Committee on Elections & Campaign Reform: HOUSE BILLS 3795 and 3810. Committee on Elementary & Secondary Education: HOUSE BILLS 3673, 3938, 3960, 3976, 4100 and 4101. Committee on Executive: HOUSE BILLS 4042, 4067 and 4090. Committee on Financial Institutions: HOUSE BILL 4055. Committee on Health Care Availability & Access: HOUSE BILL 3933. Committee on Higher Education: HOUSE BILL 4037. Committee on Human Services: HOUSE BILLS 3811, 4092 and 4113. Committee on Judiciary I-Civil Law: HOUSE BILLS 4051 and 4091. Committee on Judiciary II-Criminal Law: HOUSE BILLS 3974, 3984, 3988, 4047, 4073, 4081, 4087, 4093, 4094, 4095, 4096, 4097, 4098, 4104 and 4115. Committee on Labor: HOUSE BILLS 3802, 3972, 3980, 4044 and 4103. Committee on Personnel & Pensions: HOUSE BILL 3964. Committee on Public Utilities: HOUSE BILLS 3987 and 4085. Committee on Registration & Regulation: HOUSE BILLS 3993, 3998, 3999, 4002, 4003, 4004 and 4107. Committee on Revenue: HOUSE BILLS 3959, 4040, 4083 and 4106. Committee on State Government Administration: HOUSE BILLS 3990, 4007, 4108 and 4110. Committee on Tourism: HOUSE BILL 4066. Committee on Transportation & Motor Vehicles: HOUSE BILLS 3794, 3797, 3956, 3982, 3989 and 4056. COMMITTEE ON RULES REASSIGNMENTS Representative Currie, from the Committee on Rules, recalled HOUSE BILL 3653 from the Committee on State Government Administration and reassigned it to the Committee on Tourism.
[January 30, 2002] 4 FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for HOUSE BILL 3652. REPORTS FROM STANDING COMMITTEES REPORT FROM STANDING COMMITTEE Representative Crotty, Chairperson, from the Committee on Children & Youth to which the following were referred, action taken January 29, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3662. The committee roll call vote on HOUSE BILL 3662 is as follows: 7, Yeas; 1, Nays; 0, Answering Present. Y Crotty, Chair Y May A Flowers N Mulligan Y Howard, V-Chair Y Myers, Richard Y Klingler, Spkpn Y Ryan Y Wirsing Representative Steve Davis, Chairperson, from the Committee on Constitutional Officers to which the following were referred, action taken on January 29, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 3629 and 3645. The committee roll call vote on HOUSE BILL 3629 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. Y Davis, Steve, Chair Y Crotty, V-Chair Y Bassi Y Holbrook Y Bost A Kosel, Spkpn A Brosnahan Y Mathias Y McGuire The committee roll call vote on HOUSE BILL 3645 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Davis, Steve, Chair Y Crotty, V-Chair Y Bassi Y Holbrook Y Bost Y Kosel, Spkpn Y Brosnahan Y Mathias Y McGuire Representative Boland, Chairperson, from the Committee on Elections & Campaign Reform to which the following were referred, action taken on January 29, 2002, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3769. The committee roll call vote on HOUSE BILL 3769 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Boland, Chair Y Lindner Y Cross Y Lyons, Eileen, Spkpn A Curry, Julie Y McCarthy A Garrett, V-Chair Y Osterman A Hoeft Y Slone Y Winkel
5 [January 30, 2002] Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3774. The committee roll call vote on HOUSE BILL 3774 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel A Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry A Davis, Monique, V-Chair Y Moffitt Y Delgado A Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft A Smith, Michael Y Winkel (Tenhouse) CHANGE OF SPONSORSHIP Representative Black asked and obtained unanimous consent to be removed as chief sponsor and Representative Hannig asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3714. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 48 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the Senate adjourns on Wednesday, January 30, 2002, it stands adjourned until Tuesday, February 5, 2002, at 12:00 o'clock noon; and when the House of Representatives adjourns on Thursday, January 31, 2002, it stands adjourned until Monday, February 4, 2002, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, February 5, 2002, at 1:00 o'clock p.m. Adopted by the Senate, January 30, 2002. Jim Harry, Secretary of the Senate 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 4116. Introduced by Representative Black, a bill for AN ACT in relation to criminal law. HOUSE BILL 4117. Introduced by Representative Wright, a bill for AN ACT concerning schools. HOUSE BILL 4118. Introduced by Representative Lawfer, a bill for
[January 30, 2002] 6 AN ACT in relation to public health. HOUSE BILL 4119. Introduced by Representative Lawfer, a bill for AN ACT concerning schools. HOUSE BILL 4120. Introduced by Representative Lawfer, a bill for AN ACT in relation to public safety. HOUSE BILL 4121. Introduced by Representative Wright, a bill for AN ACT concerning education. HOUSE BILL 4122. Introduced by Representative Jerry Mitchell, a bill for AN ACT concerning carbon monoxide detectors. HOUSE BILL 4123. Introduced by Representative Monique Davis, a bill for AN ACT concerning home repair fraud. HOUSE BILL 4124. Introduced by Representative Hoffman, a bill for AN ACT concerning sex offenders. HOUSE BILL 4125. Introduced by Representative Black, a bill for AN ACT concerning veterinary medicine. HOUSE BILL 4126. Introduced by Representative Black, a bill for AN ACT concerning telephone solicitations. HOUSE BILL 4127. Introduced by Representative Currie, a bill for AN ACT in relation to municipal government. HOUSE BILL 4128. Introduced by Representative Currie, a bill for AN ACT in relation to municipal government. HOUSE BILL 4129. Introduced by Representative Currie, a bill for AN ACT in relation to minors HOUSE BILL 4130. Introduced by Representative Boland, a bill for AN ACT concerning elections. HOUSE BILL 4131. Introduced by Representatives Lou Jones - Shirley Jones - Morrow - Kenner - Howard, a bill for AN ACT in relation to housing. HOUSE BILL 4132. Introduced by Representatives Lou Jones - Shirley Jones - Morrow - Kenner - Howard, a bill for AN ACT in relation to housing. HOUSE BILL 4133. Introduced by Representative Mathias, a bill for AN ACT to in relation to vehicles. HOUSE BILL 4134. Introduced by Representative Berns, a bill for AN ACT concerning civil immunity. HOUSE BILL 4135. Introduced by Representative Flowers, a bill for AN ACT concerning blood donation. HOUSE BILL 4136. Introduced by Representative May, a bill for AN ACT concerning insurance. HOUSE BILL 4137. Introduced by Representative Currie, a bill for AN ACT in relation to taxation. HOUSE BILL 4138. Introduced by Representative Currie, a bill for AN ACT in relation to taxation. HOUSE BILL 4139. Introduced by Representative Lou Jones, a bill for AN ACT concerning capital sentencing. HOUSE BILL 4140. Introduced by Representatives Lou Jones - Shirley Jones - Howard - Kenner - Morrow, a bill for AN ACT in relation to housing. HOUSE BILL 4141. Introduced by Representatives Bugielski - Capparelli - Joseph Lyons - Burke - Bradley, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4142. Introduced by Representatives Capparelli - Joseph Lyons - Bugielski - Burke - Acevedo and Bradley, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4143. Introduced by Representatives Bugielski - Capparelli - Joseph Lyons - Burke - Bradley, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4144. Introduced by Representatives Bugielski - Joseph Lyons - Capparelli - Burke - Bradley, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4145. Introduced by Representatives Capparelli - Joseph Lyons - Bugielski - Burke - Bradley, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4146. Introduced by Representatives Capparelli - Bugielski - Joseph Lyons - Bradley - Burke, McAuliffe and Saviano, a bill for AN ACT in relation to public employee benefits.
7 [January 30, 2002] HOUSE BILL 4147. Introduced by Representatives Bugielski - Joseph Lyons - Capparelli - Burke - Acevedo and Bradley, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4148. Introduced by Representatives Capparelli - Bugielski - Joseph Lyons - Burke - Bradley, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4149. Introduced by Representative Feigenholtz, a bill for AN ACT concerning tobacco. HOUSE BILL 4150. Introduced by Representative Osmond, a bill for AN ACT concerning professional regulation. HOUSE BILL 4151. Introduced by Representative Burke, a bill for AN ACT in relation to safety. HOUSE BILL 4152. Introduced by Representative Burke, a bill for AN ACT concerning naprapaths. HOUSE BILL 4153. Introduced by Representative Burke, a bill for AN ACT in relation to public health. HOUSE BILL 4154. Introduced by Representative Schoenberg, a bill for AN ACT concerning the budget crisis. HOUSE BILL 4155. Introduced by Representative Schoenberg, a bill for AN ACT concerning highways. HOUSE BILL 4156. Introduced by Representatives Schoenberg - Coulson, a bill for AN ACT making appropriations. HOUSE BILL 4157. Introduced by Representative Schoenberg, a bill for AN ACT concerning community development financial institutions. HOUSE BILL 4158. Introduced by Representative Schoenberg, a bill for AN ACT in relation to firearms. HOUSE BILL 4159. Introduced by Representative Schoenberg, a bill for AN ACT in relation to the investment of public funds. HOUSE BILL 4160. Introduced by Representative Schoenberg, a bill for AN ACT concerning State agencies. HOUSE BILL 4161. Introduced by Representative Schoenberg, a bill for AN ACT regarding highways. HOUSE BILL 4162. Introduced by Representative Schoenberg, a bill for AN ACT in relation to housing. HOUSE BILL 4163. Introduced by Representative Schoenberg, a bill for AN ACT regarding schools. HOUSE BILL 4164. Introduced by Representative Schoenberg, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4165. Introduced by Representative Schoenberg, a bill for AN ACT concerning information about children. HOUSE BILL 4166. Introduced by Representative Cross, a bill for AN ACT to create the Uniform Athlete Agents Act. HOUSE BILL 4167. Introduced by Representative Cross, a bill for AN ACT in relation to the courts. HOUSE BILL 4168. Introduced by Representatives Black - Lang, a bill for AN ACT relating to telecommunications. HOUSE BILL 4169. Introduced by Representative Kurtz, a bill for AN ACT in relation to gambling. HOUSE BILL 4170. Introduced by Representative Franks, a bill for AN ACT in relation to mental health. HOUSE BILL 4171. Introduced by Representative Franks, a bill for AN ACT to amend the Counties Code by changing Section 5-12001.1. HOUSE BILL 4172. Introduced by Representative Art Turner, a bill for AN ACT in relation to taxes HOUSE BILL 4173. Introduced by Representative May, a bill for AN ACT in relation to criminal law. HOUSE BILL 4174. Introduced by Representative May, a bill for AN ACT concerning identification. HOUSE BILL 4175. Introduced by Representative May, a bill for AN ACT in relation to firearms. HOUSE BILL 4176. Introduced by Representative May, a bill for AN ACT in relation to criminal law. HOUSE BILL 4177. Introduced by Representative Bellock, a bill for AN ACT in relation to groundwater. HOUSE BILL 4178. Introduced by Representative Giles, a bill for AN ACT to amend the School Code by changing Section 2-3.25g.
[January 30, 2002] 8 HOUSE BILL 4179. Introduced by Representatives Capparelli - Bugielski - Joseph Lyons - Burke - Dart, Acevedo, Bradley, Fritchey, Hassert, McAuliffe, Saviano, Wojcik and Zickus, a bill for AN ACT in relation to criminal law. HOUSE BILL 4180. Introduced by Representatives Fritchey - Bugielski - Capparelli - Acevedo - Bradley, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4181. Introduced by Representative May, a bill for AN ACT concerning firearms. HOUSE BILL 4182. Introduced by Representative Bellock, a bill for AN ACT making appropriations. HOUSE BILL 4183. Introduced by Representative Bellock, a bill for AN ACT in relation to health. HOUSE BILL 4184. Introduced by Representative Capparelli, a bill for AN ACT in relation to housing. HOUSE BILL 4185. Introduced by Representative Capparelli, a bill for AN ACT in relation to housing. HOUSE BILL 4186. Introduced by Representative Feigenholtz, a bill for AN ACT in relation to criminal law. HOUSE BILL 4187. Introduced by Representative Burke, a bill for AN ACT concerning college savings. HOUSE BILL 4188. Introduced by Representative Bill Mitchell, a bill for AN ACT concerning local government. HOUSE BILL 4189. Introduced by Representative Hartke, a bill for AN ACT in relation to vehicles. HOUSE BILL 4190. Introduced by Representative Hartke, a bill for AN ACT in relation to vehicles. HOUSE BILL 4191. Introduced by Representatives Bradley - Capparelli - Burke - Bugielski - Joseph Lyons, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4192. Introduced by Representatives Bradley - Capparelli - Joseph Lyons - Burke - Bugielski, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4193. Introduced by Representative Johnson, a bill for AN ACT in relation to criminal law. HOUSE BILL 4194. Introduced by Representative Johnson, a bill for AN ACT in relation to criminal law. HOUSE BILL 4195. Introduced by Representative Colvin, a bill for AN ACT concerning forensic science. HOUSE BILL 4196. Introduced by Representatives Fritchey - Capparelli - Bugielski - Joseph Lyons - Osterman, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4197. Introduced by Representatives Fritchey - Capparelli - Bugielski - Bradley - Burke, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4198. Introduced by Representative Krause, a bill for AN ACT concerning special assessments. HOUSE BILL 4199. Introduced by Representative Boland, a bill for AN ACT concerning telecommunications. HOUSE BILL 4200. Introduced by Representative Delgado, a bill for AN ACT in relation to criminal law. HOUSE BILL 4201. Introduced by Representative Delgado, a bill for AN ACT in relation to public aid. HOUSE BILL 4202. Introduced by Representative Delgado, a bill for AN ACT in relation to criminal law. HOUSE BILL 4203. Introduced by Representative Brosnahan, a bill for AN ACT in relation to criminal law. HOUSE BILL 4204. Introduced by Representative Brosnahan, a bill for AN ACT in relation to criminal law. HOUSE BILL 4205. Introduced by Representative Feigenholtz, a bill for AN ACT in relation to animals. HOUSE BILL 4206. Introduced by Representative Feigenholtz, a bill for AN ACT in relation to human services. HOUSE BILL 4207. Introduced by Representative Feigenholtz, a bill for AN ACT concerning family law. HOUSE BILL 4208. Introduced by Representative Feigenholtz, a bill
9 [January 30, 2002] for AN ACT in relation to children. HOUSE BILL 4209. Introduced by Representative Feigenholtz, a bill for AN ACT concerning schools. HOUSE BILL 4210. Introduced by Representatives Ryan - Boland, a bill for AN ACT in relation to public aid. HOUSE BILL 4211. Introduced by Representative McCarthy, a bill for AN ACT concerning disclosure of information. HOUSE BILL 4212. Introduced by Representative McCarthy, a bill for AN ACT relating to schools. HOUSE BILL 4213. Introduced by Representative Saviano, a bill for AN ACT concerning insurance coverage. HOUSE BILL 4214. Introduced by Representative Saviano, a bill for AN ACT in relation to alcoholic liquor. HOUSE BILL 4215. Introduced by Representative Miller, a bill for AN ACT in relation to public aid. HOUSE BILL 4216. Introduced by Representatives Granberg - Curry, a bill for AN ACT in relation the motor fuel taxes. HOUSE BILL 4217. Introduced by Representative Miller, a bill for AN ACT concerning the regulation of professions. HOUSE BILL 4218. Introduced by Representative Garrett, a bill for AN ACT in relation to highways. HOUSE BILL 4219. Introduced by Representative Garrett, a bill for AN ACT to create the Freedom of Choice Act, amending a named Act. HOUSE BILL 4220. Introduced by Representative Pankau, a bill for AN ACT concerning insurance. HOUSE BILL 4221. Introduced by Representative Jerry Mitchell, a bill for AN ACT to amend the School Code. HOUSE BILL 4222. Introduced by Representative Jerry Mitchell, a bill for AN ACT to amend the School Code. HOUSE BILL 4223. Introduced by Representative Acevedo, a bill for AN ACT in relation to firearms. HOUSE BILL 4224. Introduced by Representative Curry, a bill for AN ACT concerning telecommunication taxes. HOUSE BILL 4225. Introduced by Representatives Joseph Lyons - Capparelli - Bradley - Fritchey - Burke, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4226. Introduced by Representatives Joseph Lyons - Saviano - McAuliffe - Capparelli - Burke, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4227. Introduced by Representatives Joseph Lyons - Burke - Capparelli - Bugielski - Madigan, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4228. Introduced by Representative Howard, a bill for AN ACT concerning corporation. HOUSE BILL 4229. Introduced by Representatives Bassi - Crotty, a bill for AN ACT in regard to vehicles. HOUSE BILL 4230. Introduced by Representatives Morrow - Franks - Lawfer - McGuire - Joseph Lyons, Boland, Bradley, Brosnahan, Bugielski, Burke, Crotty, Monique Davis, Forby, Fowler, Lou Jones, Shirley Jones, McAuliffe, McCarthy, Novak, Reitz, Scully, Winkel and Yarbrough, a bill for AN ACT in relation to taxation. HOUSE BILL 4231. Introduced by Representative Winters, a bill for AN ACT concerning transportation. HOUSE BILL 4232. Introduced by Representatives McAuliffe - Capparelli - Saviano, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4233. Introduced by Representatives McAuliffe - Capparelli - Saviano, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4234. Introduced by Representative Kosel, a bill for AN ACT concerning the Department of Human Services. HOUSE BILL 4235. Introduced by Representative Kosel, a bill for AN ACT concerning the Department of Human Services. HOUSE BILL 4236. Introduced by Representatives Burke - Capparelli - Mendoza - Acevedo, a bill for AN ACT in relation to public employee benefits.
[January 30, 2002] 10 HOUSE BILL 4237. Introduced by Representatives Burke - Capparelli - Mendoza - Acevedo, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4238. Introduced by Representatives Burke - Capparelli - Mendoza - Acevedo, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4239. Introduced by Representatives Burke - Saviano - Bugielski, a bill for AN ACT concerning naprapaths. HOUSE BILL 4240. Introduced by Representatives Burke - Dart - Bugielski - Lou Jones - McGuire, a bill for AN ACT to repeal the Soft Drink Industry Fair Dealing Act. HOUSE BILL 4241. Introduced by Representative Burke, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4242. Introduced by Representative Giles, a bill for AN ACT in relation to the Metropolitan Water Reclamation District. HOUSE BILL 4243. Introduced by Representative Giles, a bill for AN ACT in relation to criminal law. HOUSE BILL 4244. Introduced by Representative Giles, a bill for AN ACT in relation to human rights. HOUSE BILL 4245. Introduced by Representative Giles, a bill for AN ACT in relation to criminal law. HOUSE BILL 4246. Introduced by Representative Coulson, a bill for AN ACT concerning the Department on Aging. HOUSE BILL 4247. Introduced by Representative Coulson, a bill for AN ACT in relation to firearm safety. HOUSE BILL 4248. Introduced by Representative Coulson, a bill for AN ACT concerning taxes. HOUSE BILL 4249. Introduced by Representative Coulson, a bill for AN ACT concerning the Department on Aging. HOUSE BILL 4250. Introduced by Representative Coulson, a bill for AN ACT concerning income taxes. HOUSE BILL 4251. Introduced by Representatives Capparelli - Fritchey - Joseph Lyons - Bugielski - McAuliffe, Burke, Acevedo, Bradley, Saviano and Wojcik, a bill for AN ACT concerning law enforcement training. HOUSE BILL 4252. Introduced by Representatives Bradley - Joseph Lyons - Bugielski - Burke - Capparelli, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4253. Introduced by Representatives Bradley - Burke - Joseph Lyons - Capparelli - Bugielski, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4254. Introduced by Representatives Bradley - Bugielski - Capparelli - Burke - Joseph Lyons, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4255. Introduced by Representatives Burke - Saviano - Klingler, a bill for AN ACT concerning electrology. HOUSE BILL 4256. Introduced by Representatives Burke - Capparelli - Mendoza - Acevedo, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 4257. Introduced by Representatives Erwin - Daniels - Kenner - Feigenholtz - Cross, a bill for AN ACT concerning aquariums and museums. HOUSE BILL 4258. Introduced by Representative Saviano, a bill for AN ACT in relation to the regulation of professions. HOUSE BILL 4259. Introduced by Representative Wojcik, a bill for AN ACT in relation to public aid. HOUSE BILL 4260. Introduced by Representatives Mendoza - Acevedo - Burke, a bill for AN ACT in relation to criminal law. HOUSE BILL 4261. Introduced by Representatives Mendoza - Acevedo - Burke, a bill for AN ACT in relation to criminal law. HOUSE BILL 4262. Introduced by Representative Wojcik, a bill for AN ACT in relation to public aid. HOUSE BILL 4263. Introduced by Representative Crotty, a bill for AN ACT concerning education. HOUSE BILL 4264. Introduced by Representatives Smith - Crotty, a bill for AN ACT regarding schools.
11 [January 30, 2002] HOUSE BILL 4265. Introduced by Representatives Reitz - O'Brien, a bill for AN ACT in relation to vehicles. HOUSE BILL 4266. Introduced by Representative Kenner, a bill for AN ACT in relation to criminal law. HOUSE BILL 4267. Introduced by Representative Kenner, a bill for AN ACT in relation to criminal law. HOUSE BILL 4268. Introduced by Representative Klingler, a bill for AN ACT concerning the roofing industry. HOUSE BILL 4269. Introduced by Representative Bassi, a bill for AN ACT concerning schools. HOUSE BILL 4270. Introduced by Representative Berns, a bill for AN ACT concerning education. HOUSE BILL 4271. Introduced by Representative Art Turner, a bill for AN ACT concerning subcircuit judgeships. HOUSE BILL 4272. Introduced by Representative Art Turner, a bill for AN ACT in relation to criminal law. HOUSE BILL 4273. Introduced by Representative Art Turner, a bill for AN ACT concerning deceptive business practices. HOUSE BILL 4274. Introduced by Representative Art Turner, a bill for AN ACT in relation to criminal law. HOUSE BILL 4275. Introduced by Representative Art Turner, a bill for AN ACT in relation to criminal law. HOUSE BILL 4276. Introduced by Representatives Winkel - Berns, a bill for AN ACT in relation to vehicles. HOUSE BILL 4277. Introduced by Representative Brosnahan, a bill for AN ACT concerning civil procedure. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 625 Offered by Representative Bill Mitchell: WHEREAS, It has come to the attention of the Illinois House of Representatives that Lincoln Christian Seminary in Lincoln, Illinois is celebrating fifty years in the service and education of the Lord; and WHEREAS, Lincoln Christian Seminary was established as the dream of founder Earl C. Hargrove, who worked hard to make his dream a reality in 1952; and he raised funds to construct an administration and library building in 1960, and the graduate building, Restoration Hall, in 1966; and WHEREAS, Lincoln Christian Seminary entered an era of rapid growth, and has grown to more than 300 students; the seminary is now directed by Tom Tanner, vice president of academics; previous to Mr. Tanner's inauguration, Wayne Shaw served as the seminary's academic dean for 26 years, and Enos Dowling served for 22 years; the seminary graduated its one-thousandth student in the year 2000; in addition, Lincoln Christian Seminary has graduates serving the Lord in thirty-eight countries and across the United States; and WHEREAS, Lincoln Christian Seminary includes three degree programs and is accredited by the Association of Theological Schools in the United States and Canada and the North Central Association of Colleges and Schools; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Lincoln Christian Seminary on the celebration of its 50th Anniversary and may it continue to educate and provide guidance for the Lord for many years to come; and be it further RESOLVED, That suitable copies of this resolution be presented to Keith Ray, president of Lincoln Christian Seminary; to Tom Tanner, vice president of academics; and to associate deans Robert Lowery and Paul Boatman as an expression of our esteem.
[January 30, 2002] 12 HOUSE RESOLUTION 626 Offered by Representative Bill Mitchell: WHEREAS, The highest award the National Council of the Boy Scouts of America can bestow upon a Scout is that of Eagle Scout; and WHEREAS, Joshua Erik Tucker of Boy Scout Troop #5, in Decatur, Illinois, recently received the Eagle Scout Award; and WHEREAS, In order to qualify as an Eagle Scout, a young man must demonstrate outstanding qualities of leadership, a willingness to be of help to others, and superior skills in camping, lifesaving, and first aid; and WHEREAS, Joshua was elected to the Order of the Arrow in 1998, an exclusive branch of the Boy Scouts of America to which a scout is elected by other scouts; since being elected, he has earned the rank of Brotherhood and serves on the Ceremonies Team; in addition, he became CPR certified through scouting and has taken courses in scuba diving and became certified in scuba diving by the Professional Association of Diving Instructors; and WHEREAS, In 2000, Joshua served at Boy Scout Camp as Lakefront Staff, and in 2001, he served as the Director of the Lakefront, overseeing all the Lakefront staff, badges, recreation, and other activities; and WHEREAS, In earning this high rank, Joshua joins an elite and honorable fraternity of achievers that counts among its members an extraordinary number of this nation's great leaders in business, government, education, and other sectors of society; and WHEREAS, The achievement of the rank of Eagle Scout reflects favorably upon the recipient, his justly proud family, his Scoutmaster, and his fellow scouts; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we join his family and friends in congratulating Joshua Erik Tucker upon attaining the coveted rank of Eagle Scout and commend him upon the unswerving dedication to excellence that is the hallmark of the Eagle Scout; and be it further RESOLVED, That a suitable copy of this resolution be presented to Eagle Scout Joshua Erik Tucker as an expression of our respect and esteem. HOUSE RESOLUTION 627 Offered by Representative Pankau: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, It has come to our attention that the Commission on Accreditation for Law Enforcement Agencies, Inc. has awarded Accredited/Reaccredited and Certified status to the Hanover Park Police Department; and WHEREAS, The Hanover Park Police Department belongs to an elite group of over 500 law enforcement agencies in the United States, Canada, and Barbados that have received this prestigious, international recognition; and WHEREAS, The members of the Hanover Park Police Department have taken extraordinary steps to demonstrate their professionalism and pride in delivering quality law enforcement service to their community; and WHEREAS, The Commission on Accreditation for Law Enforcement Agencies, Inc. is an independent, nonprofit organization, founded by the four law enforcement membership associations: the International Association of Chiefs of Police, the National Organization of Black Law Enforcement Executives, the National Sheriff's Association, and the Police Executive Research Forum; and WHEREAS, Each agency seeking accreditation must enter the program voluntarily; once eligible, the agency must meet or exceed all applicable standards contained in the Commission on Accreditation for Law Enforcement Agencies, Inc.'s manual of 443 standards; the standards
13 [January 30, 2002] address all areas of administration, operation, and technical support activities; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Hanover Park Police Department on being awarded Accredited/Reaccredited and Certified status by the Commission on Accreditation for Law Enforcement Agencies, Inc.; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Hanover Park Police Department as an expression of our esteem. HOUSE RESOLUTION 628 Offered by Representative Osmond: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in high school organizations in the State of Illinois; and WHEREAS, The Antioch Community High School's newspaper, the Tom Tom, was recently inducted into the University of Minnesota's National Scholastic Press Association Hall of Fame for 2002 for achieving All-American Status for ten consecutive years; and WHEREAS, Antioch Community High School is one of fewer than 40 schools across the nation to achieve this honor; and WHEREAS, The Antioch Community High School's Tom Tom has received several honors in the past, including the All KEMPA Award from the University of Wisconsin, Best of Class by the Northern Illinois Scholastic Press Association, a designation as a 1998 Gold Medalist from the Columbia Scholastic Press Association, and First Place-Special Merit honors by the American Scholastic Press Association; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the students and faculty responsible for Antioch Community High School's newspaper, the Tom Tom, on its induction into the University of Minnesota's National Scholastic Press Association Hall of Fame for 2002, and we wish them continued success in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Jim Love, principal of Antioch Community High School, as an expression of our esteem. HOUSE RESOLUTION 629 Offered by Representative Novak: WHEREAS, The members of the Illinois House of Representatives are honored to recognize notable organizations in the State of Illinois; and WHEREAS, The Garden of Prayer Youth Center is a not-for-profit organization located on a 49-acre farm in Momence, Illinois with a goal of keeping families together; and WHEREAS, Offering year-round structured educational, recreational, and social activities for youth through three programs, Life on the Farm, My Second Home, and After School, the Garden of Prayer Youth Center serves more than 2,000 youth and parents each year in Momence, Kankakee, and the surrounding counties; and WHEREAS, The Garden of Prayer Youth Center provides many services, including summer employment and programs, counseling, mentoring, tutoring programs, food and emergency financial assistance to several families, a Teen REACH after school program, and intervention service to families in crisis; and WHEREAS, Established in 1978, the Garden of Prayer Youth Center was founded by the Reverend Shole and Mrs. Doris Jordan, who have offered their service and refuge to many disadvantaged youth and their families in the hope of encouraging and fostering strong Christian character and developing law abiding citizens; and WHEREAS, The mission of the Garden of Prayer Youth Center includes making youth aware of their capabilities, strengths, and weaknesses; to
[January 30, 2002] 14 teach good moral standards and self-discipline; to encourage and assist youth in obtaining a good education; to instruct on how to work and provide an honest living; to teach youth to be aware and take advantage of opportunities presented; and to teach youth to be creative and persistent in obtaining their desires in life, keeping in mind "We can do all things through Christ who strengthens us"; and WHEREAS, Thanks to the dedication and commitment of the staff and volunteers at the Garden of Prayer Youth Center, thousands of children and their families have been given a hopeful glimpse of the future; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor the founders and staff of the Garden of Prayer Youth Center in Momence for their dedication and commitment to disadvantaged youth and families in need; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Reverend Shole and Mrs. Doris Jordan as an expression of our esteem. HOUSE RESOLUTION 630 Offered by Representative Howard: WHEREAS, Native Chicagoan Robert Townsend, actor and director, stepped forward to take part in the making of an historically important, factually-based film by the ShowTime Network that acknowledges on a national level the African American contributions to the success of the historically significant Pullman story and most importantly to America's Labor History; and WHEREAS, Robert Townsend directed the film 10,000 Black Men Named George, the factually-based historically important film based on the life of labor organizer and civil rights leader Asa Philip Randolph, who faced racism and political corruption in a 12-year battle to unionize railway porters in the 1920s and '30s; the porters worked in demeaning conditions for shameful wages while the powerful Pullman Company waged a campaign of fear fuelled by the spreading of lies and destructive innuendo to the public against Mr. Randolph and the porters; and WHEREAS, Through that struggle, the first African American labor union was chartered in the United States under the American Federation of Labor as the Brotherhood of Sleeping Car Porters; and WHEREAS, Many of those men and women were Illinoisans; and WHEREAS, The telling of this story will help to introduce this important overlooked piece of history as well as the existence of the A. Philip Randolph Pullman Porter Museum, an Illinois institution named in their honor for new generations for years to come; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS that we congratulate Robert Townsend for his excellence in acting and the direction of the film 10,000 Black Men Named George; and be it further RESOLVED, That a suitable copy of this resolution be sent to Robert Townsend with our most sincere gratitude. HOUSE RESOLUTION 631 Offered by Representative Howard: WHEREAS, Native Chicagoan Andre Braugher, actor and producer, stepped forward to take part in the making of an historically important, factually-based film by the ShowTime Network that acknowledges on a national level the African American contributions to the success of the historically significant Pullman story and most importantly to America's Labor History; and WHEREAS, Andre Braugher was executive producer of the film 10,000 Black Men named George, the factually-based historically important film based on the life of labor organizer and civil rights leader Asa Philip Randolph, who faced racism and political corruption in a 12-year battle to unionize railway porters in the 1920s and '30s; the porters worked
15 [January 30, 2002] in demeaning conditions for shameful wages while the powerful Pullman Company waged a campaign of fear fuelled by the spreading of lies and destructive innuendo to the public against Mr. Randolph and the porters; and WHEREAS, Through that struggle the first African American labor union was chartered in the United States under the American Federation of Labor as the Brotherhood of Sleeping Car Porters; and WHEREAS, Many of those men and women were Illinoisans; and WHEREAS, The telling of this story will help to introduce this important overlooked piece of history as well as the existence of the A. Philip Randolph Pullman Porter Museum, an Illinois institution named in their honor for new generations for years to come; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS that we congratulate Andre Braugher for his excellence in acting and the production of the film 10,000 Black Men Named George; and be it further RESOLVED, That a suitable copy of this resolution be sent to Andre Braugher with our most sincere gratitude. HOUSE RESOLUTION 632 Offered by Representative Kosel: WHEREAS, The Illinois House of Representatives would like to congratulate Jim Pitcairn, who through his outstanding performance at Lincoln-Way High School, the New Lenox Fire Department, the New Lenox Methodist Church, and the New Lenox Chamber of Commerce, earned him the honor of Citizen of the Year award, by the New Lenox Chamber of Commerce; and WHEREAS, Mr. Pitcairn, a New Lenox resident since 1963, spent 32 years at Lincoln-Way High School District #210, starting as a classroom art teacher and spending the final 20 years as a School District Administrator; he retired in 1995 after developing and initiating numerous programs on behalf of the student body; among his many contributions were various substance abuse programs and counseling services for runaway students, and also extracurricular activities for students with special interests; and WHEREAS, Mr. Pitcairn accumulated 25 years on the New Lenox Fire Department, starting in 1971 as a volunteer; Mr. Pitcairn worked with the New Lenox Cable Access Channel 6 and the New Lenox Fire Department in the production of the film Roadside Roulette, an award-winning video dealing with substance abuse on Prom night; and WHEREAS, Mr. Pitcairn has been a member of the Manhattan Lions Club for 10 years, the New Lenox Township Family Services Commission, and the United Methodist Church building committee; in addition, he and his wife, Kathryn, served as youth group sponsors at the New Lenox Methodist Church in the 1970's; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Jim Pitcairn of New Lenox, Illinois for his achievement in earning the New Lenox Citizen of the Year award, and wish him success in of all his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be sent to Jim Pitcairn as an expression of our esteem. HOUSE RESOLUTION 633 Offered by Representative Pankau: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Everett Van Der Molen is receiving the Marklund's "Friend of the Year" award on February 16, 2002 at the 6th Annual Top Hat Ball at the Field Museum in Chicago, Illinois; and WHEREAS, Mr. Van Der Molen's community support and philanthropic influence span DuPage County and beyond; he has served on various
[January 30, 2002] 16 boards including those of Central DuPage Hospital, Marianjoy Hospital, and as a Director of the Adventist Health System; his current service includes a 20-year involvement with the Development Committee of the Elmhurst Symphony Association, a 20-year commitment to Strategic Christian Ministries, and his activity with Vietnamese refugees; he also serves on the Council of Wheaton Christian Reformed Church, as President of the Glen Oaks Hospital Foundation Board, as Vice President of the DuPage Airport Board of Commissioners, as an active member of the Kiwanis Club of Addison, and along with his wife, Joyce, as a member of Marklund's Capital Campaign Steering Committee; and WHEREAS, Mr. Van Der Molen always seems to find the time needed when he is passionate about a cause; he has been with Marklund Charities for over 30 years, and along with his wife, Joyce, have contributed to every campaign Marklund has ever conducted; their support has included improvements made to the Marklund Children's Home, support of the Marklund Haverkampf home, an expansion of the Marklund Van Der Molen Home, the starting of Marklund's Day School, the building of the Marklund Sayers Home, and most recently, the Marklund at Mill Creek project; in addition, it is because of Joyce and Everett Van Der Molen that Marklund started a relationship with Donka which helped the organization tremendously by bringing Marklund into the computer age; and WHEREAS, Mr. Van Der Molen gets a real sense of satisfaction in seeing the smiling faces of Marklund clients at events like the Toy Drop, and he truly feels blessed that he has had the opportunity to meet and know so many wonderful people; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Everett Van Der Molen on being the recipient of Marklund's 2002 "Friend of the Year" Award and further congratulate him and his wife, Joyce, in helping to make Marklund a better place to live, a better place to work, and a better place to support; and be it further RESOLVED, That a suitable copy of this resolution be presented to Everett Van Der Molen as an expression of our esteem. HOUSE RESOLUTION 634 Offered by Representative Currie: WHEREAS, The members of the Illinois House of Representatives would like to express their sincere condolences to the family and friends of A. Abbot Rosen, of Chicago, Illinois, who passed away recently; and WHEREAS, Mr. Rosen moved to Chicago in 1948 to become director of the Anti-Defamation League's Midwest region, a position he held for 38 years; during the late 1970s, Mr. Rosen's commitment to fighting discrimination and hate became an international event when he helped lead a confrontation with a neo-Nazi group that planned to march in Skokie, Illinois; Skokie was then home to one of the largest communities of Holocaust survivors; Mr. Rosen's unwavering leadership and judgement throughout the crisis were greatly needed for it was a time of high tension and passion; he was later portrayed by Carl Reiner in a made-for-television movie based on the planned rally; and WHEREAS, Mr. Rosen was born in New York City in 1915, and graduated from Yale College and the Colombia University Law School in 1937; he then went on to work in the Justice Department's espionage and sabotage unit, where he prosecuted German spies and saboteurs; shortly thereafter, Mr. Rosen was drafted into the Army and served in France and Belgium; after the Army, he served as special assistant to the attorney general prosecuting war-fraud cases; in 1947, he became a member of the U.S. delegation to the United Nations, acting as legal advisor to the UN special committee that drafted the genocide treaty; and WHEREAS, Mr. Rosen became active in the civil rights movement when he was hired under President Harry Truman in 1947 as the U.S. Justice Department's first civil rights section chief; during the 1960s, Mr. Rosen was involved in organizing Soldier Field civil rights rallies where Martin Luther King, Jr. spoke; he was awarded the Chicago
17 [January 30, 2002] Commission on Human Relations' Thomas H. Wright Award for his professional leadership as well as Loyola University's Founder's Day Award for his community service; and WHEREAS, the passing of A. Abbot Rosen will be greatly felt by all those who knew him and loved him, especially his wife of over fifty years, Charlotte; his son, Josh; his daughter, Julie Beth; and his sister, Carolyne Maimin; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of A. Abbot Rosen and extend our sympathies to his family and friends at this time; and be it further RESOLVED, That suitable copies of this resolution be presented to the family of A. Abbot Rosen. HOUSE BILLS ON SECOND READING HOUSE BILL 1689. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Cities & Villages, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1689 AMENDMENT NO. 1. Amend House Bill 1689 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Fire Department Promotion Act. Section 5. Definitions. In this Act: "Affected department" or "department" means a municipal fire department or the fire department operated by a fire protection district. The terms do not include fire departments operated by the State, a university, or a municipality with a population over 1,000,000 or any unit of local government other than a municipality or fire protection district. "Appointing authority" means the Board of Fire and Police Commissioners, Board of Fire Commissioners, Civil Service Commissioners, Superintendent or Department Head, Fire Protection District Board of Trustees, or other entity having the authority to administer and grant promotions in an affected department. "Promotion" means any appointment or advancement to a rank within the affected department for which an examination was required before the effective date of this Act. "Promotion" does not include appointments (i) that are for less than 180 days; (ii) to the positions of Superintendent, Chief, or other chief executive officer; (iii) to an exclusively administrative or executive rank for which an examination is not required; (iv) to a rank that has previously been exempted by a home rule municipality, provided that after the effective date of this Act no home rule municipality may exempt any future or existing ranks from the provisions of this Act; or (v) to an administrative rank immediately below the Superintendent, Chief, or other chief executive officer of an affected department, provided such rank shall not exceed 2 persons and there is a promoted rank immediately below it. Notwithstanding the exceptions to the definition of "promotion" set forth in items (i), (ii), (iii), (iv), and (v) of this paragraph, promotions shall include any appointments to ranks covered by the terms of a collective bargaining agreement in effect on the effective date of this Act. "Preliminary promotion list" means the rank order of eligible candidates established in accordance with subsection (b) of Section 20 prior to applicable veteran's preference points. A person on the preliminary promotion list who is eligible for veteran's preference under the laws and agreements applicable to the appointing authority may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference
[January 30, 2002] 18 shall be calculated in accordance with Section 55 and applied as an addition to the person's total point score on the examination. The appointing authority shall make adjustments to the preliminary promotion list based on any veteran's preference claimed and the final adjusted promotion list shall then be posted by the appointing authority. "Final adjusted promotion list" means the promotion list for the position that is in effect on the date the position is created or the vacancy occurs. If there is no final adjusted promotion list in effect for that position on that date, or if all persons on the current final adjusted promotion list for that position refuse the promotion, the affected department shall not make a permanent promotion until a new final adjusted promotion list has been prepared in accordance with this Act, but may make a temporary appointment to fill the vacancy. Temporary appointments shall not exceed 180 days. Each component of the promotional test shall be scored on a scale of 100 points. The component scores shall then be reduced by the weighting factor assigned to the component on the test and the scores of all components shall be added to produce a total score based on a scale of 100 points. Section 10. Applicability. (a) This Act shall apply to all positions in an affected department, except those specifically excluded in items (i), (ii), (iii), (iv), and (v) of the definition of "promotion" in Section 5 unless such positions are covered by a collective bargaining agreement in force on the effective date of this Act. Existing promotion lists shall continue to be valid until after their expiration dates, or up to a maximum of 3 years after the effective date of this Act. (b) Notwithstanding any statute, ordinance, rule, or other laws to the contrary, all promotions in an affected department to which this Act applies shall be administered in the manner provided for in this Act. Provisions of the Illinois Municipal Code, the Fire Protection District Act, municipal ordinances, or rules adopted pursuant to such authority and other laws relating to promotions in affected departments shall continue to apply to the extent they are compatible with this Act, but in the event of conflict between this Act and any other law, this Act shall control. (c) A home rule or non-home rule municipality may not administer its fire department promotion process in a manner that is inconsistent with this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. (d) This Act does not apply to any municipality with a population over 1,000,000. (e) This Act is intended to serve as a minimum standard and shall be construed to authorize and not to limit: (1) An appointing authority from establishing different or supplemental promotional criteria components, provided that each criteria is job related and applied uniformly to all candidates. (2) The negotiation by an employer and an exclusive representative of clauses within a collective bargaining agreement relating to conditions or procedures for the promotion of employees who are not specifically excluded under items (i), (ii), (iii), (iv), and (v) of the definition of "promotion" in Section 5. Section 15. Promotion process. (a) For the purpose of granting promotion to any rank to which this Act applies, the appointing authority shall from time to time, as necessary, administer a promotion process in accordance with this Act. (b) Eligibility requirements to participate in the promotional process may include a minimum requirement as to the length of employment, education, training, and certification in subjects and skills related to fire fighting. After the effective date of this Act, any such eligibility requirements shall be published at least one year prior to the date of the beginning of the promotional process and all members of the affected department shall be given an equal opportunity
19 [January 30, 2002] to meet those eligibility requirements. (c) All aspects of the promotion process shall be equally accessible to all eligible employees of the department. Every component of the testing and evaluation procedures shall be published to all eligible candidates when the announcement of promotional testing is made. The scores for each component of the testing and evaluation procedures shall be disclosed to each candidate as soon as practicable after the component is completed. (d) The appointing authority shall provide a separate promotional examination for each rank that is filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank that meet the established eligibility requirements who desire to submit themselves to examination. The appointing authority may employ consultants to design and administer promotion examinations or may adopt any job related examinations or study materials that may become available, so long as they comply with the requirements of this Act. Section 20. Promotion lists. (a) For the purpose of granting a promotion to any rank to which this Act applies, the appointing authority shall from time to time, as necessary, prepare a preliminary promotion list in accordance with this Act. The preliminary promotion list shall be distributed, posted, or otherwise made conveniently available by the appointing authority to all members of the department. (b) A person's position on the preliminary promotion list shall be determined by a combination of factors which may include any of the following: (i) the person's score on the written examination for that rank, determined in accordance with Section 35; (ii) the person's seniority within the department, determined in accordance with Section 40; (iii) the person's ascertained merit, determined in accordance with Section 45; and (iv) the person's score on the subjective evaluation, determined in accordance with Section 50. Candidates shall be ranked on the list in rank order based on the highest to the lowest total points scored on all of the components of the test. Promotional components, as defined herein, shall be determined and administered in accordance with the referenced Section, unless otherwise modified or agreed to as provided by paragraph (1) or (2) of subsection (e) of Section 10. The use of physical criteria, including but not limited to, fitness testing, agility testing, or medical evaluations is specifically barred from being used in the promotion process. (c) A person on the preliminary promotion list who is eligible for a veteran's preference under the laws and agreements applicable to the department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated as provided under Section 55 and added to the total score achieved by the candidate on the test. The appointing authority shall then make adjustments to the rank order of the preliminary promotion list based on any such veteran's preferences awarded. The final adjusted promotion list shall then be distributed, posted, or otherwise made conveniently available by the appointing authority to all members of the department. (d) Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the department shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority may pass over the person with the highest ranking if it has an objectively demonstrable basis for determining that the person is unable to perform the duties of the position. Any disputes as to the existence of such basis shall be subject to resolution in accordance with any grievance procedure in effect covering the employee. A vacancy shall be deemed to occur in a position on the date upon which the position is vacated, and on that same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and authorized by the corporate authorities. If a vacated position is not filled due to a lack of
[January 30, 2002] 20 funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all positions vacated have been filled or for a period up to 5 years beginning from the date on which the position was vacated. In such event, the candidate or candidates who would have otherwise been promoted when the vacancy originally occurred shall be promoted. Any candidate may refuse a promotion once without losing his or her position on the final adjusted promotion list. Any candidate who refuses promotion a second time shall be removed from the final adjusted promotion list, provided that such action shall not prejudice a person's opportunities to participate in future promotion examinations. (e) A final adjusted promotion list shall remain valid for a period of 3 years after the date of the initial posting. Integrated lists are prohibited and when a list expires it shall be void, except as provided in subsection (d) of this Section. If a promotion list is not in effect, a successor list shall be prepared and distributed within 180 days after a vacancy, as defined in subsection (d) of this Section. Section 25. Monitoring. (a) All aspects of the promotion process, including without limitation the administration, scoring, and posting of scores for the written examination and subjective evaluation and the determination and posting of seniority and ascertained merit scores, shall be subject to monitoring and review in accordance with this Section and Sections 30 and 50. (b) Two impartial persons who are not members of the affected department shall be selected to act as observers as follows: by the exclusive bargaining agent or if there is no exclusive bargaining agent, then by a majority of the candidates participating in the promotion process. The corporate authorities may also select 2 additional impartial observers. (c) The observers monitoring the promotion process are authorized to be present and observe when any component of the test is administered or scored. Observers may not interfere with the promotion process, but shall promptly report any observed or suspected violation of the requirements of this Act or an applicable collective bargaining agreement to the appointing authority and all other affected parties. Section 30. Promotion examination components. Promotion examinations that include components consisting of written examinations, seniority points, ascertained merit, or subjective evaluations shall be administered as provided in Sections 35, 40, 45 and 50. The weight, if any, that is given to any such component included in a test may be set at the discretion of the appointing authority provided that such weight shall be subject to modification by the terms of any collective bargaining agreement in effect on the effective date of this Act or thereafter by negotiations between the employer and an exclusive bargaining representative. If the appointing authority establishes a minimum passing score, such score shall be announced prior to the date of the promotion process and it must be an aggregate of all components of the testing process. All candidates shall be allowed to participate in all components of the testing process irrespective of their score on any one component. Section 35. Written examinations. (a) The appointing authority may not condition eligibility to take the written examination on the candidate's score on any of the previous components of the examination. The written examination for a particular rank shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the appointing authority has identified and made readily available to potential examinees at least 90 days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. The written examination shall be administered after the determination and posting of the seniority list, ascertained merit points, and subjective
21 [January 30, 2002] evaluation scores. The written examination shall be administered, the test materials opened, and the results scored and tabulated only in the presence of the observers appointed under Section 25 and only in accordance with subsection (b) of this Section. (b) Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25, or if the tests are graded offsite by a bona fide testing agency, the observers shall witness the sealing and the shipping of the tests for grading and the subsequent opening of the scores upon the return from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination on the day of the examination or upon the day of its return from the testing agency (or the appointing authority shall require the testing agency to mail the individual scores to any address submitted by the candidates on the day of the examination); and (ii) to review the answers to the examination that the examiners consider correct. The appointing authority may hold a review session after the examination for the purpose of gathering feedback on the examination from the candidates. (c) Sample written examinations may be examined by the appointing authority and members of the department, but no person in the department or the appointing authority (including the Chief, Civil Service Commissioners, Board of Fire and Police Commissioners, Board of Fire Commissioners, or Fire Protection District Board of Trustees and other appointed or elected officials) may see or examine the specific questions on the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation of this Act for any member of the department or the appointing authority to obtain or divulge foreknowledge of the contents of the written examination before it is administered. (d) Each department shall maintain reading and study materials for its current written examination and the reading list for the last 2 written examinations for each rank and shall make these materials available and accessible at each duty station. Section 40. Seniority points. (a) Seniority points shall be based only upon service with the affected department and shall be calculated as of the date of the written examination. The weight of this component and its computation shall be determined by the appointing authority or through a collective bargaining agreement. (b) A seniority list shall be posted before the written examination is given and before the preliminary promotion list is compiled. The seniority list shall include the seniority date, any breaks in service, the total number of eligible years, and the number of seniority points. Section 45. Ascertained merit. (a) The promotion test may include points for ascertained merit. Ascertained merit points may be awarded for education, training, and certification in subjects and skills related to the fire service. The basis for granting ascertained merit points, after the effective date of this Act, shall be published at least one year prior to the date ascertained merits points are awarded and all persons eligible to compete for promotion shall be given an equal opportunity to obtain ascertained merit points unless otherwise agreed to in a collective bargaining agreement. (b) Total points awarded for ascertained merit shall be posted before the written examination is administered and before the promotion list is compiled. Section 50. Subjective evaluation. (a) A promotion test may include a subjective evaluation component. Subjective evaluations may include an oral interview, tactical evaluation, performance evaluation, or other component based on subjective evaluation of the examinee. The methods used for subjective evaluations may include using any employee assessment centers, evaluation systems, chief's points, or other methods.
[January 30, 2002] 22 (b) Any subjective component shall be identified to all candidates prior to its application, be job related, and be applied uniformly to all candidates. Every examinee shall have the right to documentation of (i) his or her score on the subjective component upon the completion of the subjective examination component or its application and (ii) an explanation of the basis or reasons for the score awarded. Where chief's points or other subjective methods are employed that are not amenable to monitoring, monitors shall not be required, but any disputes as to the results of such methods shall be subject to resolution in accordance with any collectively bargained grievance procedure in effect at the time of the test. (c) Where performance evaluations are used as a basis for promotions, they shall be given annually and made readily available to each candidate for review and they shall include any disagreement or documentation the employee provides to refute or contest the evaluation. (d) Total points awarded for subjective components shall be posted before the written examination is administered and before the promotion list is compiled. Section 55. Veterans' preference. A person on a preliminary promotion list who is eligible for veteran's preference under any law or agreement applicable to an affected department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The veteran's preference shall be calculated as provided in the applicable law and added to the applicant's total score on the preliminary promotion list. Any person who has received a promotion from a promotion list on which his or her position was adjusted for veteran's preference, under this Act or any other law, shall not be eligible for any subsequent veteran's preference under this Act. Section 60. Right to review. Any affected person or party who believes that an error has been made with respect to eligibility to take an examination, examination result, placement or position on a promotion list, or veteran's preference shall be entitled to a review of the matter by the appointing authority or as otherwise provided by law in this Act. This Section is not exclusive and does not limit any right to seek review or redress under any other law or agreement. Section 65. Violations. (a) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Act commits a violation of this Act and may be subject to charges for official misconduct. (b) A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the promotion examination or demoted from the rank to which he was promoted, as applicable and otherwise subjected to disciplinary actions. Section 900. The State Mandates Act is amended by adding Section 8.25 as follows: (30 ILCS 805/8.25 new) Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 92nd General Assembly. Section 999. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. RESOLUTIONS HOUSE RESOLUTION 611 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted.
23 [January 30, 2002] RESOLUTION The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 614 Offered by Representative Delgado: WHEREAS, Puerto Rico, a self-governing commonwealth in association with the United States, has suffered over 24,000 net job losses since 1996, which makes Puerto Rico the U.S. jurisdiction with the largest percentage decline in manufacturing jobs; and WHEREAS, The Governor of Puerto Rico is proposing a federal tax incentive to stimulate investment and job creation in Puerto Rico; and WHEREAS, This proposal is in HR 2550, The Economic Revitalization Tax Act of 2001, that was introduced in Congress July 18, 2001; and WHEREAS, The Economic Revitalization Act of 2001 contains amendments to Section 956 of the United States Internal Revenue Code to provide tax incentives for U.S. companies doing business in Puerto Rico to remain in Puerto Rico, instead of leaving for competing foreign countries, and to promote sustained economic development, job creation, and the repatriation of capital in Puerto Rico; and WHEREAS, The revenue loss to the U.S. Treasury from the "Section 956 amendments" will be significantly less than an extension of the current tax incentive (Section 30A) which will expire in 2005; and WHEREAS, Enactment of the "Section 956 amendments" is in the best interests of the United States and Puerto Rico; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we support the "Section 956 Amendments" to the United States Internal Revenue Code contained in HR 2550 and urge the United States Congress and the President to enact those provisions into law; and be it further REVOLVED, That copies of this resolution be sent to the Speaker of the House of Representatives, Dennis Hastert, the Senate Majority leader, Thomas Daschle, the President of the United States, George W. Bush, and to each member of the Illinois congressional delegation. HOUSE RESOLUTION 616 Offered by Representative Franks: WHEREAS, Many senior citizens and disabled residents of Illinois need financial assistance in securing prescription drugs that will enable them to maintain or improve their health and avoid institutionalization; and WHEREAS, The United States Congress has failed to enact any legislation providing for prescription drug coverage for Medicare beneficiaries, even though there is a dire need for such legislation; and WHEREAS, The General Assembly has taken steps to make a program of pharmacy assistance available to low-income senior citizens; and WHEREAS, Public Act 92-10 authorizes the Department of Public Aid to seek a waiver of otherwise applicable requirements of Title XIX of the Social Security Act in order to claim federal financial participation for a pharmacy assistance program for persons aged 65 or over with income levels at or less than 250% of the federal poverty level; and WHEREAS, On July 31, 2001 the Department of Public Aid submitted to the federal Centers for Medicare and Medicaid Services a Section 1115 Medicaid Research and Demonstration Waiver Application, providing for a pharmaceutical benefit for Illinois' low-income seniors and providing enhanced access to primary care; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the federal Centers for Medicare and Medicaid Services to approve the Section 1115 Medicaid Research and Demonstration Waiver Application submitted by the Department of Public Aid; and be it further
[January 30, 2002] 24 RESOLVED, That a suitable copy of this Resolution be sent to the Director, Center for Medicaid and State Operations, Centers for Medicare and Medicaid Services. HOUSE RESOLUTION 623 Offered by Representative Franks: WHEREAS, The Federal Communications Commission (FCC) currently requires 11-digit dialing when an overlay area code is implemented; and WHEREAS, The FCC's 11-digit dialing mandate is a needless inconvenience for residential and business consumers; and WHEREAS, On December 28, 2001, the FCC reversed its long-standing opposition to wireless-only overlays, signaling that the agency is potentially reconsidering its area code policies; and WHEREAS, The Citizens Utility Board (CUB) has filed a petition with the FCC asking the agency to permanently waive the 11-digit dialing mandate in the 847 region; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF ILLINOIS, that we urge the Illinois Commerce Commission to limit McHenry County to its two existing area codes, 815 and 847; and be it further RESOLVED, That the Illinois Commerce Commission permanently waive the 11-digit dialing mandate in McHenry County's two existing area codes; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Chairman and each member of the Illinois Commerce Commission. HOUSE RESOLUTION 624 Offered by Representative Daniels: WHEREAS, President Ronald Wilson Reagan, a man of humble background, worked throughout his life serving the cause of freedom and advancing the public good, having been employed as an entertainer, union leader, corporate spokesman, Governor of California, and President of the United States; and WHEREAS, Ronald Reagan served with honor and distinction for two terms as the 4Oth President of the United States of America, the second of which he was victorious in 49 out of the 50 states in the general election, earning the confidence of three-fifths of the electorate - a record unsurpassed in the history of American presidential elections; and WHEREAS, In 1981, when Ronald Reagan was inaugurated President, he inherited a disillusioned nation shackled by rampant inflation and high unemployment; and WHEREAS, During Mr. Reagan's presidency, he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to Government, which led to an unprecedented economic expansion and opportunity for millions of Americans; and WHEREAS, Mr. Reagan's commitment to an active social policy agenda for the nation's children helped lower crime and drug use in our neighborhoods; and WHEREAS, President Reagan's commitment to our armed forces contributed to the restoration of pride in America, her values, and those cherished by the free world and prepared America's Armed Forces to win the Gulf War; and WHEREAS, President Reagan's "vision of peace through strength" led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and WHEREAS, On February 6, 2002, Ronald Reagan will celebrate his 91st birthday, thus becoming the oldest living former President; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we designate February 6, 2002, as "President Ronald Reagan Day" in the State of Illinois, in honor of our former President; and be it further RESOLVED, That a suitable copy of this resolution be presented to President Ronald Reagan as an expression of our esteem; and be it
25 [January 30, 2002] further RESOLVED, That the Illinois House of Representatives congratulates Congressman J. Dennis Hastert, Speaker of the House of Representatives, on his successful effort to establish the Ronald Reagan Boyhood Home National Historic Site in Dixon; and be it further RESOLVED, That a suitable copy of this resolution be presented to Congressman J. Dennis Hastert as an expression of our esteem. HOUSE JOINT RESOLUTION 56 Offered by Representative Madigan: WHEREAS, The members of the Illinois General Assembly are pleased to recognize milestone events in the history of organizations that serve the citizens of the State of Illinois; and WHEREAS, The Chicago Association of Realtors, Inc. and its corporate predecessors have been an active real estate association in Illinois since 1883 when the Chicago Real Estate Board was founded on January 11, 1883; and WHEREAS, The Chicago Association of Realtors, Inc. played a key role in the establishment of both the National Association of Real Estate Boards, the predecessor to the National Association of Realtors, in 1908, and the Real Estate Association of Illinois, the predecessor to the Illinois Association of Realtors, in 1916; and WHEREAS, The Chicago Association of Realtors, Inc. services nearly 8,600 members and is the third largest local real estate board in the country; and WHEREAS, The Chicago Association of Realtors, Inc. was one of the first real estate associations in the United States to form an international chapter and has entered into Ambassador Agreements with several countries, including Poland, Ireland, and the Czech Republic; and WHEREAS, The members of The Chicago Association of Realtors, Inc. and their offices are located and serve in, among other places, the City of Chicago and in each of the six collar counties; and WHEREAS, The members of The Chicago Association of Realtors, Inc. provide diverse and specialized services in the City of Chicago and the six collar county area in the fields of appraisals; buyer brokerage; commercial, industrial, and retail development; consulting services; estates; foreclosures; international affairs; investments; leasing; luxury homes; property management; and property rehabilitation; and WHEREAS, In addition to the unmatched array of member programs, products and services that The Chicago Association of Realtors, Inc. provides to its members, the Association also owns and operates the REALTORS Real Estate School and the Real Estate Education Company to provide critical real estate continuing education resources to real estate professionals in Chicago and the surrounding Illinois and Indiana counties; and WHEREAS, The Chicago Association of Realtors, Inc. also owns and operates the Real Mark flyer distribution service which provides real estate information on a daily basis to real estate professionals in Chicago and all parts of northern Illinois; and WHEREAS, The Chicago Association of Realtors", Inc. has for many years developed and distributed uniform lease and other common real estate forms that are used and relied on by real estate professionals in Chicago and throughout Illinois; and WHEREAS, Beyond the services it provides to its members and real estate professionals, The Chicago Association of Realtors", Inc. has advocated on local, regional, state, and federal issues relating to the protection of private property rights and consumers, seller disclosure initiatives, and against undue taxation; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we honor The Chicago Association of Realtors, Inc. and its members as the Association enters its 120th year of providing real estate services to real estate professionals from Chicago and around the State of Illinois; and be it further
[January 30, 2002] 26 RESOLVED, That a suitable copy of this resolution be presented to The Chicago Association of Realtors", Inc. as an expression of our esteem. HOUSE JOINT RESOLUTION 57 Offered by Representative Bellock: WHEREAS, The State is committed to providing high quality special education services at the elementary and secondary levels for children with disabilities; and WHEREAS, State funding is critically important to providing these educational services; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created the Special Education Funding Task Force consisting of 17 members as follows: (1) four members appointed from the House of Representatives, with 2 members appointed by the Speaker and 2 members appointed by the Minority leader; (2) four members appointed from the Senate, 2 members appointed by the President and 2 members appointed by the Minority Leader; (3) the State Superintendent of Education or his or her designee; (4) five members appointed by the State Superintendent of Education, recommended one each by the following: (A) the Illinois Association of School Boards; (B) the Illinois Association of School Administrators; (C) the Illinois Administration of Special Education; (D) the Illinois Federation of Teachers; and (E) the Illinois Education Association; (5) three members who are parents of children with disabilities, appointed by the State Superintendent of Education, recommended one each by the following: (A) the Learning Disabilities Association of Illinois; (B) the Illinois Association of Private Special Education Centers; and (C) the Coalition of Citizens with Disabilities in Illinois; and be it further RESOLVED, That a majority of the legislative appointees shall select a legislative member of the Task Force to serve as chairperson; and be it further RESOLVED, That members of the Task Force must be appointed as soon as possible after this resolution has been adopted by both houses and that a vacancy on the Task Force must be filled by appointment of the original appointing authority; and be it further RESOLVED, That the Task Force has the following objectives: (1) to conduct a series of public hearings throughout the State to discuss with citizens and experts in special education the ways that the State can improve and increase special education funding; (2) to develop a set of statewide special education funding goals; (3) to propose legislation and identify revenue sources to meet the goals; (4) to review State and regional special education funding policies to determine their impact on schools and school districts and recommend appropriate changes in policies and funding priorities; and (5) to review the funding policies of other states to identify successful funding policies that could be adapted for Illinois; and be it further RESOLVED, That the Task Force shall receive the assistance of legislative staff, legislative agencies, and, upon request, private and public organizations; and be it further RESOLVED, That the members of the Task Force shall serve without compensation but be reimbursed for their reasonable and necessary expenses from funds appropriated for that purpose; and be it further RESOLVED, That the Special Education Funding Task Force shall meet as soon as possible after the members have been appointed, shall hold public hearings, and shall report its findings and recommendations to
27 [January 30, 2002] the General Assembly by January 1, 2003. HOUSE JOINT RESOLUTIONS CONSTITUTIONAL AMENDMENTS FIRST READING Representative Lindner introduced the following: HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 9 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND 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 1, 2, and 3 of Article IV and Section 1 of Article XIV of the Illinois Constitution as follows: ARTICLE IV THE LEGISLATURE (ILCON Art. IV, Sec. 1) SECTION 1. LEGISLATURE - POWER AND STRUCTURE The legislative power is vested in a General Assembly consisting of a Senate and a House of Representatives, elected by the electors from 59 Senatorial Legislative Districts and 119 118 Representative Districts. (Source: Amendment adopted at general election November 4, 1980.) (ILCON Art. IV, Sec. 2) SECTION 2. LEGISLATIVE COMPOSITION (a) One Senator shall be elected from each Senatorial Legislative District. Immediately following each decennial redistricting, the General Assembly by law shall divide the Senatorial 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 Senatorial 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. (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 office with more than twenty-eight months remaining in the term, the appointed Senator shall serve until the next general election, at which time a Senator shall be elected to serve for the remainder of the term. If the vacancy is in a Representative 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
[January 30, 2002] 28 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. 3) SECTION 3. LEGISLATIVE REDISTRICTING (a) Senatorial Legislative Districts shall be compact, contiguous and substantially equal in population. Representative Districts shall be compact, contiguous, and substantially equal in population. A Representative District need not be entirely within a single Senatorial District. (b) By April 15 of the year following each Federal decennial census year, the State Board of Elections, by a record vote of a majority of the total number of members authorized by law as provided in Section 5 of Article III, shall designate a computer program for redistricting the Senate and House of Representatives that meets the requirements of this Section. The designation shall include detailed specifications of the computer program. Any computer program designated by the State Board of Elections under this Section shall embody the following standards and criteria, as defined by Common Law, in this order of priority: (1) contiguity; (2) substantial equality of population; (3) compactness; (4) minimization of the number of districts that cross county or municipal boundaries; and (5) a fair reflection of minority voting strength. Any computer program designated by the State Board of Elections under this Section shall not consider the following data: (1) residency of incumbent legislators; (2) political affiliations of registered voters; (3) previous election results; and (4) demographic information not required to be used by this Section or by the United States Constitution or federal law. Except as specified in this Section, the computer program shall produce districts in a random manner. The Senate, by resolution adopted by a record vote of three-fifths of the members elected, may by June 15 of that year designate a different computer program for redistricting the Senate. The House of Representatives, by a resolution adopted by a record vote of three-fifths of the members elected, may by June 15 of that year designate a different computer program for redistricting the House of Representatives. (c) (b) In the year following each Federal decennial census year, (i) the Senate, by resolution adopted by a record vote of three-fifths of the members elected, General Assembly by law shall redistrict the Senatorial Legislative Districts and (ii) the House of Representatives, by resolution adopted by a record vote of three-fifths of the members elected, shall redistrict the Representative Districts. Each adopted redistricting resolution shall be filed with the Secretary of State by the presiding officer of the house that adopted the resolution. (d) If a Senatorial or Representative redistricting resolution is not adopted and effective by June 15 of that year, the State Board of Elections, as soon thereafter as is practicable, shall produce a Senatorial or Representative redistricting plan, or both as the case may be, through the use of the computer program designated by the affected chamber, if it made a designation under subsection (b), or else through the use of the computer program designated by the State Board of Elections under that subsection. The State Board of Elections shall file the redistricting plan with the Secretary of State. If no redistricting plan becomes effective by June 30 of that year, a Legislative Redistricting Commission shall be constituted not later than July 10. The Commission shall consist of eight members, no more than four of whom shall be members of the same political party. The Speaker and Minority Leader of the House of Representatives shall each appoint to the Commission one Representative and one person who is not
29 [January 30, 2002] a member of the General Assembly. The President and Minority Leader of the Senate shall each appoint to the Commission one Senator and one person who is not a member of the General Assembly. The members shall be certified to the Secretary of State by the appointing authorities. A vacancy on the Commission shall be filled within five days by the authority that made the original appointment. A Chairman and Vice Chairman shall be chosen by a majority of all members of the Commission. Not later than August 10, the Commission shall file with the Secretary of State a redistricting plan approved by at least five members. If the Commission fails to file an approved redistricting plan, the Supreme Court shall submit the names of two persons, not of the same political party, to the Secretary of State not later than September 1. Not later than September 5, the Secretary of State publicly shall draw by random selection the name of one of the two persons to serve as the ninth member of the Commission. Not later than October 5, the Commission shall file with the Secretary of State a redistricting plan approved by at least five members. (e) A An approved redistricting plan, adopted by redistricting resolution or produced by the State Board of Elections, that is filed with the Secretary of State shall be presumed valid, shall have the same force and effect as a of law, and shall be published promptly by the Secretary of State. (f) The Supreme Court shall have original and exclusive jurisdiction over actions concerning redistricting the House and Senate, which shall be initiated in the name of the People of the State by the Attorney General. (Source: Amendment adopted at general election November 4, 1980.) ARTICLE XIV CONSTITUTIONAL REVISION (ILCON Art. XIV, Sec. 1) SECTION 1. CONSTITUTIONAL CONVENTION (a) Whenever three-fifths of the members elected to each house of the General Assembly so direct, the question of whether a Constitutional Convention should be called shall be submitted to the electors at the general election next occurring at least six months after such legislative direction. (b) If the question of whether a Convention should be called is not submitted during any twenty-year period, the Secretary of State shall submit such question at the general election in the twentieth year following the last submission. (c) The vote on whether to call a Convention shall be on a separate ballot. A Convention shall be called if approved by three-fifths of those voting on the question or a majority of those voting in the election. (d) The General Assembly, at the session following approval by the electors, by law shall provide for the Convention and for the election of two delegates from each Senatorial Legislative District; designate the time and place of the Convention's first meeting which shall be within three months after the election of delegates; fix and provide for the pay of delegates and officers; and provide for expenses necessarily incurred by the Convention. (e) To be eligible to be a delegate a person must meet the same eligibility requirements as a member of the General Assembly. Vacancies shall be filled as provided by law. (f) The Convention shall prepare such revision of or amendments to the Constitution as it deems necessary. Any proposed revision or amendments approved by a majority of the delegates elected shall be submitted to the electors in such manner as the Convention determines, at an election designated or called by the Convention occurring not less than two nor more than six months after the Convention's
[January 30, 2002] 30 adjournment. Any revision or amendments proposed by the Convention shall be published with explanations, as the Convention provides, at least one month preceding the election. (g) The vote on the proposed revision or amendments shall be on a separate ballot. Any proposed revision or amendments shall become effective, as the Convention provides, if approved by a majority of those voting on the question. (Source: Illinois Constitution.) SCHEDULE This Constitutional Amendment takes effect beginning with redistricting in 2011 and applies to the election of members of the General Assembly in 2012 and thereafter. The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 9 was taken up, read in full a first time, ordered printed and placed in the Committee on Rules. At the hour of 3:50 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, January 31, 2002, at 12:00 o'clock noon. The motion prevailed. And the House stood adjourned.
31 [January 30, 2002] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE JAN 30, 2002 0 YEAS 0 NAYS 114 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 P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON E SMITH E BUGIELSKI P HASSERT P MENDOZA E 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 E DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence

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