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                            92nd General Assembly
                              Daily House Journal

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STATE OF ILLINOIS                               HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-SECOND GENERAL ASSEMBLY 145TH LEGISLATIVE DAY WEDNESDAY, NOVEMBER 20, 2002 2:00 O'CLOCK P.M. NO. 145
[November 20, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 145th Legislative Day Action Page(s) Adjournment........................................ 54 Change of Sponsorship.............................. 7 Committee on Rules Referrals....................... 5 Introduction and First Reading - HB6315-6319....... 7 Pension Impact Note Requested...................... 5 Pension Impact Note Supplied....................... 5 Quorum Roll Call................................... 4 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0002 Amendatory Veto.................................... 23 HB 2643 Committee Report................................... 4 HB 2643 Committee Report-Floor Amendment/s................. 6 HB 2643 Second Reading - Amendment/s....................... 25 HB 2643 Third Reading...................................... 28 HB 2787 Committee Report................................... 6 HB 2787 Second Reading - Amendment/s....................... 25 HB 4074 Amendatory Veto.................................... 24 HB 4179 Amendatory Veto.................................... 22 HB 4736 Committee Report................................... 4 HB 4736 Committee Report-Floor Amendment/s................. 6 HB 4736 Second Reading - Amendment/s....................... 28 HB 5652 Amendatory Veto.................................... 25 HB 6306 Committee Report-Floor Amendment/s................. 4 HB 6306 Second Reading - Amendment/s....................... 28 HC 0017 Constitutional Amendment - First Reading........... 52 HJR 0088 Resolution......................................... 21 HR 1079 Agreed Resolution.................................. 7 HR 1080 Resolution......................................... 20 HR 1081 Agreed Resolution.................................. 7 HR 1082 Agreed Resolution.................................. 8 HR 1083 Agreed Resolution.................................. 9 HR 1084 Agreed Resolution.................................. 9 HR 1085 Agreed Resolution.................................. 10 HR 1086 Agreed Resolution.................................. 11 HR 1087 Agreed Resolution.................................. 12 HR 1088 Agreed Resolution.................................. 12 HR 1089 Agreed Resolution.................................. 13 HR 1090 Agreed Resolution.................................. 14 HR 1091 Agreed Resolution.................................. 14 HR 1092 Agreed Resolution.................................. 15 HR 1093 Agreed Resolution.................................. 15 HR 1094 Agreed Resolution.................................. 16 HR 1095 Agreed Resolution.................................. 16 HR 1096 Agreed Resolution.................................. 17 HR 1097 Resolution......................................... 20 HR 1098 Resolution......................................... 21 HR 1099 Agreed Resolution.................................. 18 HR 1100 Agreed Resolution.................................. 18 HR 1101 Agreed Resolution.................................. 19 SB 0729 Action on Motion................................... 22 SB 0980 Committee Report-Floor Amendment/s................. 6 SB 0980 Motion Submitted................................... 5 SB 0980 Motion Submitted................................... 5 SB 0980 Second Reading - Amendment/s....................... 48 SB 0980 Third Reading...................................... 51
3 [November 20, 2002] Bill Number Legislative Action Page(s) SB 0980 Third Reading...................................... 52 SB 1240 Committee Report................................... 5 SB 1240 Committee Report-Floor Amendment/s................. 4 SB 1240 Second Reading - Amendment/s....................... 29
[November 20, 2002] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Hassert 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: 117 present. (ROLL CALL 1) By unanimous consent, Representative Kenner was excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Hannig, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Klingler replaced Representative Wait, Representative Watson replaced Representative Schmitz, and Representative Poe replaced Representative Stephens in the Committee on Appropriations - Public Safety on November 18, 2002. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "approved for consideration" and be placed on the order of Second Reading -- Short Debate: HOUSE BILLS 2643 and 4736. The committee roll call vote on HOUSE BILLS 2643 and 4736 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig (Capparelli) A Cross Y Tenhouse, Spkpn Y Turner, Art That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 6306. The committee roll call vote on Amendment No. 2 to HOUSE BILL 6306 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig (Lang) A Cross Y Tenhouse, Spkpn Y Turner, Art That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 1240. The committee roll call vote on Amendment 3 to SENATE BILL 1240 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig A Cross Y Tenhouse, Spkpn Y Turner, Art
5 [November 20, 2002] 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 Executive: House Amendment 1 to SENATE BILL 980. Committee on Financial Institutions: SENATE BILL 729. Committee on Human Services: House Amendment 1 to HOUSE BILL 4736. Committee on State Government Administration: House Amendment 1 to HOUSE BILL 2643. MOTIONS SUBMITTED Representative Franks submitted the following written motion, which was placed on the order of Motions: MOTION I move to reconsider the vote by which Senate Bill No. 980 lost the House earlier today. Representative Black submitted the following written motion, which was placed on the order of Motions: MOTION I move to table the Motion to reconsider the vote by which Senate Bill No. 980 lost the House earlier today. REQUEST FOR PENSION IMPACT NOTE Representative Black requested that a Pension Impact Note be supplied for SENATE BILL 980, as amended. PENSION IMPACT NOTE SUPPLIED A Pension Impact Note has been supplied for SENATE BILL 980, as amended. REPORTS FROM STANDING COMMITTEES 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 as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1240. The committee roll call vote on SENATE BILL 1240 is as follows: 18, 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 (Osmond) Y Delgado Y Mulligan Y Fowler A Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael Y Winkel
[November 20, 2002] 6 Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to SENATE BILL 980. The committee roll call vote on Amendment No. 1 to SENATE BILL 980 is as follows: 11, Yeas; 1, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon (Currie) Y Bradley Y Pankau Y Bugielski, V-Chair N Poe, Spkpn A Rutherford Representative Howard, Chairperson, from the Committee on Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 4736. The committee roll call vote on Amendment No. 1 to HOUSE BILL 4736 is as follows: 7, Yeas; 2, Nays; 0, Answering Present. Y Feigenholtz, Chair N Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto Y Howard N Winters Y Wirsing Representative Flowers, Chairperson, from the Committee on Health Care Availability & Access to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 2787. The committee roll call vote on HOUSE BILL 2787 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Flowers, Chair Y May Y Coulson Y Miller Y Kenner, V-Chair (Bradley) Y Mulligan Y Klingler Y Ryan Y Krause Y Sommer Y Soto Representative Morrow, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 2643. The committee roll call vote on Amendment No. 1 to HOUSE BILL 2643 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair (Morrow) Y Franks A Collins, V-Chair Y O'Connor, Spkpn Y Forby Y Pankau Y Fowler (Miller) Y Righter Y Wirsing
7 [November 20, 2002] CHANGE OF SPONSORSHIP Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative O'Brien asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 729. 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 6315. Filed by Representative Hannig, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 6316. Filed by Representative Lang, a bill for AN ACT concerning tax collection. HOUSE BILL 6317. Introduced by Representative Morrow, a bill for AN ACT concerning contracts. HOUSE BILL 6318. Introduced by Representatives Lou Jones - Morrow, a bill for AN ACT relating to public utilities. HOUSE BILL 6319. Introduced by Representatives Lou Jones - Morrow, a bill for AN ACT concerning public utilities. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 1079 Offered by Representative Yarbrough: WHEREAS, The members of the Illinois House of Representatives wish to congratulate the parish community of St. Eulalia on the occasion of its 75th anniversary of service and witness to the Maywood-Broadview community on November 23, 2002; and WHEREAS, In addition to serving its own congregation, St. Eulalia Parish has continually reached out to the marginalized and disenfranchised; the commitment that "the church on the Eisenhower" has made to the village and its inhabitants has not gone unnoticed; for over 25 years its ECHO food pantry has been a beacon to residents who have fallen behind during hard times; its adjoining resale shop is always willing to provide clothing and household items to fire victims and the less fortunate; and WHEREAS, St. Eulalia Church is a proponent of good government and has always opened its doors for meetings, debates and fellowship with the betterment of Maywood always at the forefront; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we extend our best wishes to St. Eulalia Parish as it celebrates its 75th anniversary; and we wish the parish community all the best in the future as it continues to work in the Lord's name; and be it further RESOLVED, That a suitable copy of this resolution be presented to St. Eulalia Parish. HOUSE RESOLUTION 1081 Offered by Representative Novak: WHEREAS, The House of Representatives of the State of Illinois is pleased to recognize accomplishments in the lives of citizens of Illinois; and WHEREAS, It has come to our attention that Iroquois County Sheriff Joe Mathy retired from his position in July of 2002 after 21 years in that position; and WHEREAS, Prior to becoming Sheriff of Iroquois County, he served as a patrolman in Bourbonnais, a mental health employee at the Shapiro
[November 20, 2002] 8 Developmental Center, and as a child abuse investigator for the Department of Children and Family Services in Watseka; and WHEREAS, Sheriff Mathy was appointed to the post on October 13, 1981 and subsequently served five terms; during his tenure as sheriff, many improvements were made to the department, including modernizing the department to include computers in the office, modems in the patrol cars, automated technology for fingerprinting, the establishment of a full-time jail staff, courthouse security, and combined dispatch; and WHEREAS, Under Sheriff Mathy's leadership, the Court Security Fund was established and has been used to aid in hiring court security officers, for installing automated door locks and other security equipment; and WHEREAS, Sheriff Mathy's department was active in philanthropic efforts; they held an annual golf outing in which money was generated for the purpose of funding scholarships, charitable donations, the Special Olympics Torch Runs, Crimestoppers, and the Iroquois County Pledge for life; and WHEREAS, In addition to Sheriff Mathy's contributions to Iroquois County, he was a member of the Illinois Sheriffs' Association and was elected president of that organization in 1998; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Sheriff Joe Mathy on the occasion of his retirement; and be it further RESOLVED, That a suitable copy of this resolution be presented to Sheriff Joe Mathy. HOUSE RESOLUTION 1082 Offered by Representative Novak: WHEREAS, The Illinois House of Representatives is pleased to honor citizens of the State that have earned recognition; and WHEREAS, It has come to our attention that Michael L. Perrine has received the Eastern Region Broadcaster of the Year award from the National Association of Farm Broadcasters, placing him in contention for the National Broadcaster of the Year Award; and WHEREAS, Michael L. Perrine has been in radio for over 43 years with over three decades as a farm broadcaster; he grew up in Pittsfield and began working in radio when he won a disc jockey contest during his senior year in high school; he attended junior college in Odessa, Texas; in August of 1960, he married Betty Quincy; he moved back to Illinois and spent most of his married life in Jacksonville; he is the father of four children, Greg, Eric (deceased), Todd and Michelle, and the grandfather of four; and WHEREAS, Michael L. Perrine moved to L'Erable in 1993 and began as farm broadcaster on WKAN; he immediately made an impact by further developing the mid-day farm show and creating new agricultural features; he informs WKAN listeners of special dates and events during his Ag Calendar; he provides interviews about current agricultural issues during the Early Bird Feature; his commitment to the agricultural community is well-known to those involved; and WHEREAS, Michael L. Perrine has received many awards, locally, statewide and nationally including Friend of Growmark Award, Illinois Commodity Conference Award, FFA American Farmer Degree, FFA State Farmer Degree, FFA Chapter Farmer Degree, National Association of Farm Broadcasters Presidents Award, Illinois Farm Service Agency Award, Illinois Corn Growers Association Award, Illinois Soy Bean Association Award, Soil and Water Conservation District Award, and numerous 4H awards; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Michael L. Perrine for his accomplishments and dedicated service to the agricultural community and congratulate him on being named the Eastern Region Broadcaster of the Year by the National Association of Farm Broadcasters; and be it further RESOLVED, That a suitable copy of this resolution be presented to Michael L. Perrine.
9 [November 20, 2002] HOUSE RESOLUTION 1083 Offered by Representative Novak: WHEREAS, The members of the Illinois House of Representatives are honored to recognize notable achievements in the lives of the citizens of the State of Illinois; and WHEREAS, Dr. Joseph Meisenbach and his wife Kathy were named as the first recipients of the Catholic Charities' "Spirit of Charity" award; and WHEREAS, The Meisenbachs, long active in a variety of area, Catholic and medical charities, received the award from Bishop Joseph Imesch at a luncheon at the Catholic Charities office at N. Schuyler Avenue in Kankakee; and WHEREAS, Kathy Meisenbach was named to the Catholic Charities advisory board in 1991 and was president in 1996; Dr. Meisenbach is known for his efforts in coordinating giving among physicians, contributing himself, asking for donations, and then thanking donors; and WHEREAS, The Meisenbachs recently celebrated their 30th wedding anniversary; they were high school sweethearts in Reddick and college sweethearts at the University of Illinois; and WHEREAS, In 1996, the Meisenbachs were named Humanitarians of the Year by Provena St. Mary's Hospital; and WHEREAS, Dr. Meisenbach became determined to be a cardiologist after watching his grandfather suffer from angina, a condition so severe that he had to take nitroglycerin just to watch an exciting cowboy show on television; when he finished medical school, he was offered a job in Hawaii, but the Meisenbachs decided to come back to Kankakee County; Dr. Meisenbach's reputation for care of the area's indigent and elder population has been unselfish and limitless; and WHEREAS, Catholic Charities, a United Way charity, serves people of all faiths; programs that Catholic Charities sponsor include, Retired Senior Volunteers, which provides help to many other activities, including Hospice, Meals on Wheels, and the Red Cross, counseling on martial, parenting, divorce, and other family issues, and maternity services, including counseling, medical care and help with adoption, coordination of adoption, and foster care; additional services include, transitional housing for the homeless, a Back to School fair to provide school supplies for needy children, money management classes and help for the disabled or senior citizens, a Senior Companion program that visits adults, 60 and over, who cannot get out, and an Elder Abuse and Neglect reporting station; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Joseph Meisenbach and his wife Kathy on being named as the first recipients of the Catholic Charities' "Spirit of Charity" award; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Joseph Meisenbach and Kathy Meisenbach as an expression of our esteem. HOUSE RESOLUTION 1084 Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives wish to express their sincerest condolences to the family and friends of Steve Trimble, who passed away on May 13, 2002; and WHEREAS, Steve Trimble was born on May 29, 1923 in Birmingham, Alabama to Steven and Rebecca Trimble; and WHEREAS, The Trimble's moved to Chicago when Steve was young; he attended and completed Carter Elementary and graduated from DuSable High School; and WHEREAS, Mr. Trimble worked as a Salesman for Monroe Merchandising and Polk Brothers for many years; and WHEREAS, One of Mr. Trimble's childhood friends was Red Foxx; he and Mr. Foxx traveled to New York to enter in the Major Bowles Amateur
[November 20, 2002] 10 Hour, where they won first place; Mr. Trimble was part of an awesome quartet group of entertainers who included Pete Carter, Lamont Ousley, and Red Foxx; and WHEREAS, Mr. Trimble was a violinist and played the bass; he was one of the southside's finest Jazz musicians; in 1999, he released a CD celebrating over 60 years as a musician entitled "Keep on Smiling!"; all this began with a young man playing a "Wash Tub on a String" accompanied by his friends and fellow musicians Sonny Seals, Marion Burke, Jr., John Whitfield, Jr., John Watson, and Charles "Bugs" Cockran; and WHEREAS, Steve Trimble had many special people in his life; from his marriage to Dorothy Hartwell, they were blessed with a daughter, Cecelia Isom; from his marriage to Ernestine, they were blessed with a son, Steve, Jr.; and WHEREAS, Mr. Trimble was the loving and devoted husband to Mildred Trimble for 25 years; and WHEREAS, For the past 28 years, Mr. Trimble served faithfully as the doorman for the 28 North Lake Shore Building; he was loved, respected, and endeared for his work; and WHEREAS, The passing of Steve Trimble will be deeply felt by all who knew and loved him, especially his niece, Helen Rathel; his daughter and granddaughter, Cecelia and Tammy Isom; his son, Steve Trimble, Jr.; his grandchildren; his great-grandchildren; and a host of other relatives and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Steve Trimble of Chicago; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Steve Trimble with our sincere condolences. HOUSE RESOLUTION 1085 Offered by Representative Morrow: WHEREAS, It has come to our attention that Justice William Cousins, Jr. has announced his retirement as Justice of the Illinois Appellate Court; and WHEREAS, Justice Cousins was born on October 6, 1927 in Swiftown, Mississippi; he graduated from DuSable High School in Chicago in 1945, the University of Illinois in 1948 with honors in Political Science, and Harvard Law School in 1951; and WHEREAS, He served in the United States Army from 1951 through 1953 and was a Combat Infantry 2nd and 1st Lieutenant in Korea; he retired in 1976 from the United States Army Reserve Corps as a Lieutenant Colonel (JAGC); and WHEREAS, He was an attorney with Chicago Title and Trust Company from 1953 through 1957, an Assistant State's Attorney of Cook County from 1957 through 1961, and an attorney in private practice from 1961 through 1976; he was Alderman of the 8th Ward of the City of Chicago from 1967 through 1976; and WHEREAS, He served as a Circuit Court Judge of Cook County from 1976 until his election in 1992 to the Illinois Appellate Court; his tenure on the Illinois Appellate Court has included service as Chairman of the Executive Committee, First Appellate District, Presiding Justice of the First District, 3rd Division and 2nd Division, and Chair for the Illinois Appellate Judges Annual Meeting; he has served by appointment of the Illinois Supreme Court as a member of the Executive Committee of the Illinois Judicial Conference and he has served as a member of the Special Supreme Court Committee on Capital Cases; and WHEREAS, He is a member and former Chairman of the Illinois Judicial Council and is a former board member of the Illinois Judges Association; he served as a board member of the National Center for State Courts and as Chair of the Judicial Council of the National Bar Association; and WHEREAS, He is a former board member of the Citizens' Schools Committee, Parkway Community House, and the Chicago Area Planned
11 [November 20, 2002] Parenthood Association; he is past president of Chatham-Avalon Park Community Council and a founding member and former board member of PUSH; he is a Deacon at Lincoln Memorial Congregational United Church of Christ and he was an Assistant Moderator and former member of the Executive Council of the United Church of Christ; he is a member of Kappa Alpha Psi Fraternity and Sigma Pi Phi Fraternity; and WHEREAS, Justice Cousins has received numerous awards, including the William R. Ming Award from the Cook County Bar Association, the Edward N. Wright Award from the Cook County Bar Association; the Bulletin Newspaper Award; the Olive-Harvey College Award; the Outstanding Judge Award from the John Marshall Black Law Students' Association on two occasions; the Thurgood Marshall Award from the IIT/Chicago-Kent Black Law Students' Association; the Kenneth E. Wilson Award from the Illinois Judicial Council; the Monarch Statesmanship Award from the Alpha Kappa Alpha Sorority, XI NU Omega Chapter; the Irma Kingsley Johnson Distinguished Service Award from the Chicago Friends of the Amistad Research Center; the Earl Burrus Dickerson Award from the Chicago Bar Association; the Raymond Pace Alexander Award from the Judicial Council of the National Bar Association; the Mary Herrick Lifetime Achievement Award as a DuSable Alumnus who has dedicated his life to Justice, American Jurisprudence, and his community; the C. Francis Stradford Award from the Cook County State's Attorney for dedication and commitment to the legal profession, the criminal justice system, and the African-American community; the Illinois State Bar Association's Access to Justice Award for his extraordinary efforts to preserve access to justice; and the Illinois Judicial Council's Charles A. Freeman Pioneer in Justice Award; and WHEREAS, He has been inducted into the DuSable High School Hall of Fame, the National Bar Association Hall of Fame, and the Cook County Bar Association Hall of Fame; and WHEREAS, He is a member of the National, American, Illinois State, Chicago, and Cook County Bar Associations and the American Judicature Society; and WHEREAS, He and his wife Hiroko are the proud parents of Cheryl, Noel, Yul, and Gail; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we extend our heartfelt thanks to Justice William Cousins, Jr., upon the occasion of his retirement as Justice of the Illinois Appellate Court, for his many years of distinguished service to our judiciary, community, and country and we wish him success and happiness in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Justice William Cousins, Jr. as an expression of our respect and esteem. HOUSE RESOLUTION 1086 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives offer sincere congratulations to Roman Strzala for his induction into the American Football Association Semi-Pro Football Hall of Fame in Canton, Ohio; and WHEREAS, Roman Strzala began his football success at Proviso High School in Maywood, Illinois where he led his team to capture the Illinois State High School Football Championship; and WHEREAS, Roman's leadership and talent on the field were rewarded with a football scholarship to Iowa State University; his football career continued after graduation in a semi-pro league with the Elmhurst Travelers; and WHEREAS, From 1958 through 1964, Roman was a dominant force on one of the most successful semi-pro teams in the Midwest; the team won three league championships; and WHEREAS, Playing both linebacker and fullback, Roman received the "All League Team" Central States Football League honors; and WHEREAS, Roman has influenced the lives of many aspiring athletes
[November 20, 2002] 12 as a youth football coach for twelve years and then as a coach for both football and baseball at Addison Trail High School; and WHEREAS, After leaving football, Roman began a 38-year career with Commonwealth Edison; in addition, he served the community of Addison as a park district commissioner for over 24 years in various capacities, 16 of which he served as Board President; and WHEREAS, Roman lives in Bloomingdale, Illinois with Donna, his wife of 46 years, and their three daughters; and WHEREAS, The members of this body recognize Roman Strzala not only as a great athlete but also as someone who contributed to his community and the future of many young athletes; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby offer our congratulations to Roman Strzala; and be it further RESOLVED, That a suitable copy of this resolution be presented to Roman Strzala and his family. HOUSE RESOLUTION 1087 Offered by Representative Monique Davis: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, Beatrice Caffrey Youth Services, Inc. will be celebrating its 50th year Anniversary on November 17, 2002 at the DuSable Museum of African American History; the organization will present its Service Award to Representative Monique Davis as part of the Golden Anniversary celebration; and WHEREAS, For the past 50 years Beatrice Caffrey Youth Services, Inc. has provided programs to delinquent urban youth on the south side of Chicago; the organization, originally known as the Women's Service Committees, was founded by Mrs. Sadie Waterford Jones and headed by Dr. Dorothy Sutton Branch; Mrs. Beatrice Caffrey, after whom the agency was eventually named, was an active part of the program recruitment and attendance during her years with the Chicago Board of Education; and WHEREAS, The agency's mission is "to enhance the functioning of urban children and families by improving their quality of life and moving them towards independence"; the agency does this by offering programs and services that encourage self-sufficiency of families and promote risk-reduction activity for children and youth; and WHEREAS, Beatrice Caffrey Youth Services, Inc. offers a range of services to the community; the agency has counseling, visual arts programs, adoption and foster care services, independent living programs, teen parenting programs, and placement stabilization programs; and WHEREAS, Many of the programs offered by the organization have had amazing results; every child involved in the specialized care program has been placed in foster care, 75% of those children have been adopted, and all foster parents associated with this program have participated in training designed to help them meet the physical and emotional needs of these children; in the independent living program, 80% those participating have remained stable in their apartment living, 75% of them are employed, 85% have not required court intervention and are managing their own fiscal responsibilities, and 65-75% of the clients are actively pursuing their high school diplomas; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend the Beatrice Caffrey Youth Services, Inc. for its outstanding community service throughout the years; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Executive Director of Beatrice Caffrey Youth Services, Inc. HOUSE RESOLUTION 1088 Offered by Representative Monique Davis:
13 [November 20, 2002] WHEREAS, The members of the Illinois House of Representatives are honored to recognize notable events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that the Betts and Kennedy families are are holding a "Family and Friends Reunion" in Chicago on July 19 to July 21, 2002; and WHEREAS, This historic family occasion will honor two of the families' main matriarchs, Etta Rosie Ola Kennedy-Betts and Danish Kennedy-Hall; and WHEREAS, Born in McCool, Mississippi on August 20, 1920, Etta Rosie Ola Kennedy-Betts moved to the Chicago area in 1943; she is the wife of Floyd Betts and the devoted mother of Jean, Roland, Marie, and Raymond; she relocated in 1989 to Tampa, Florida and most recently, Los Angeles, California; and WHEREAS, Born in McCool, Mississippi on September 14, 1918, Danish Kennedy-Hall has been a resident of Chicago since 1942; she is the wife of Clifford Hall and the devoted mother of Clifton and Lenora; and WHEREAS, The lives of Mrs. Kennedy-Betts and Mrs. Kennedy-Hall, the last two living members of the Kennedy family, along with the memory of the late Marie Kennedy will be celebrated by generations of family and friends on this historic occasion; and WHEREAS, Reunion festivities include an all-day picnic and after party, a worship service, and a Sunday brunch; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Betts/Kennedy family on their family and friends reunion on July 19 to July 21, 2002 in Chicago; and be it further RESOLVED, That suitable copies of this resolution be presented to the members of the Betts/Kennedy family as an expression of our esteem. HOUSE RESOLUTION 1089 Offered by Representative Monique Davis: WHEREAS, Education is one of the most noble professions and educators deserve honor and respect; and WHEREAS, Patrick J. Kenny received his Bachelor of Arts in 1968 and his Master of Education in 1973 from Loyola University in Chicago; he began his teaching career at Cooley Upper Grade Center in September of 1968; he then taught at Cooley Vocational High School until January of 1979; he became associate principal of Hirsch High School in January of 1979 and stayed as acting principal until February of 1980; he also served as acting principal at Sayre Language Academy and Parker Academy; he served as principal of Bunche Elementary School from October 1982 until August 2001; he finished his career as an administrator in the Region 5 Office from August 2001 until his retirement in July of 2002; and WHEREAS, Mr. Kenny is a member of St. Ignatius Parish; he is a former member of the Chicago Teachers Union and served as a delegate; he is a member of the Chicago Principals and Administrators Association and served as the Auxiliary President; his contributions to the community also include service as president of the Aquin Guild and membership in the Guilford-Waters Association and CAPS Beat 2432; and WHEREAS, Mr. Kenny holds several positive core beliefs; he believes in fostering the human and social development and academic growth of children; he believes cooperation with parents and the community is essential for an educator; he believes in being a resource to and a supporter of staff and being involved with colleagues; he feels that positive actions motivate people and a sense of humor is important; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Patrick J. Kenny of Chicago on the occasion of his retirement after 34 years of dedicated service with the Chicago Board of Education and we wish him all the best in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Patrick J. Kenny as an expression of our esteem.
[November 20, 2002] 14 HOUSE RESOLUTION 1090 Offered by Representative Monique Davis: WHEREAS, The members of the Illinois House of Representatives wish to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Alice Faye Naylor retired from the Chicago Public School System on June 25, 2002 after 35 years of service; she had spent 30 of those years at Wendell E. Green School in District 299; and WHEREAS, Alice Faye Naylor was born on September 25, 1940 in Crowville, Louisiana; she was raised in a Christian home with loving parents who taught her to be persistent and diligent and to always persevere; and WHEREAS, Alice Faye Naylor graduated from Grambling State University in 1965; after teaching in Louisiana for two years, she relocated to Chicago to teach for the Chicago Public School System; and WHEREAS, Through the years, Alice Faye Naylor has received countless awards, recognitions, and praise for her outstanding and unique teaching abilities; she is now recognized as one of the most highly regarded math instructors in Wendell E. Green School history; and WHEREAS, On August 23, 2002, the family of Alice Faye Naylor is giving her a surprise retirement party in honor of her 35-year career shaping and molding the lives of her many students in the Chicago Public School System; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Alice Faye Naylor on her retirement after a stellar 35-year career as an educator in the Chicago Public School System and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Alice Faye Naylor as an expression of our esteem. HOUSE RESOLUTION 1091 Offered by Representative Monique Davis: WHEREAS, The members of the Illinois House of Representatives wish to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Willie A. Naylor has retired as a music schoolteacher after 38 years of dedicated service, including 34 years of proud service with the Chicago Public School System; and WHEREAS, Willie A. Naylor was born on February 16, 1942 in Holly Ridge, Louisiana; he was raised in a Christian home with loving parents who taught him to be persistent, diligent, and to always persevere; and WHEREAS, Mr. Naylor received a Bachelor of Science degree from Grambling College in 1963, a Bachelor of Arts from Chicago's Vander Cook College in 1967, and a Ph.D. from the University of Sarasota in 1977; after teaching in Louisiana for four years, he relocated to Chicago to teach in the Chicago Public School System; and WHEREAS, Mr. Naylor has been privileged to teach many famous musical icons such as Michael and Marlon Jackson of the Jackson 5 and Maurice White of Earth, Wind, and Fire, just to name a few; and WHEREAS, Mr. Naylor has received numerous awards and recognitions throughout his illustrious teaching career and has received high praise for his outstanding and unique musical teaching abilities; he is now recognized as one of the most highly regarded music instructors in Region #5 School history; and WHEREAS, On September 27, 2002, the family of Willie A. Naylor is giving him a surprise retirement party in honor of his 38-year career and commitment to shaping and molding the lives of his many students in the Chicago Public School System; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Willie
15 [November 20, 2002] A. Naylor on his retirement after an outstanding 38 year career as a music instructor and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Willie A. Naylor as an expression of our esteem. HOUSE RESOLUTION 1092 Offered by Representative Monique Davis: WHEREAS, The members of the Illinois House of Representatives note with sadness the death of Brenda Pittman of Chicago, who passed away at the age of 64; and WHEREAS, Mrs. Pittman was a longtime resident of Beverly and lived in Chicago for over 60 years; she was a Registered Nurse, a Professor of Nursing at Dawson Skills Center, and a private school teacher; she was a counselor, intercessor, and motivator; and WHEREAS, Mrs. Pittman was a supporter of good government and Representative Monique Davis; and WHEREAS, Her passing will be deeply felt by her family and friends, especially her husband, Lee Pittman; her son, Joseph Pittman; her sisters, Cora Genkins, and Melodie Huddleston; and her brother, William Taylor; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew and loved her, the passing of Brenda Pittman and extend our sincere condolences to her family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Brenda Pittman as an expression of our sympathy. HOUSE RESOLUTION 1093 Offered by Representative Monique Davis: WHEREAS, The members of the Illinois House of Representatives wish to express their sincerest condolences to the family and friends of Jeffrey Paul Radford, minister of music at Trinity United Church of Christ in Chicago, who passed away on August 12, 2002; and WHEREAS, Mr. Radford, a South Side resident, began his music ministry at Trinity in October 1972; he was described as the "right arm" of the Rev. Jeremiah A. Wright, Trinity's pastor, in leading the membership from fewer than 100 people in 1972 to 8,000 today, the largest congregation among the 6,000 churches in the United Church of Christ; at his death, Trinity's seven choirs included 950 singers; and WHEREAS, Mr. Radford's musical genius extended far beyond the walls of Trinity United Church of Christ; within the United Church, he taught courses at Chicago Theological Seminary, led workshops all around the country, and was a featured organist and choir director for many national events; his work with the James Cleveland Gospel Music Workshop of America, the Thomas Dorsey Music convention, and his international fame led to him to be invited to bring the Sanctuary Choir and the Women's Chorus of Trinity to Switzerland on three occasions; and WHEREAS, Mr. Radford led a delegation of African-American musicians to Cuba to teach gospel music to the Afro-Cubans and to show the Cuban Church how the African-American musical tradition had breathed life into the African-American Church; he also traveled with selected choir members to Puerto Rico to represent the United States at a national youth conference; and WHEREAS, Mr. Radford was influential in developing two hymnals within the past decade, "The New Century Hymnal of the United Church of Christ" and the "African-American Hymnal"; in September, Mr. Radford was scheduled to be awarded the degree of doctor of arts from Chicago Theological Seminary; he will receive it posthumously; and WHEREAS, Mr. Radford is survived by two brothers, William M. Radford and Rollo A. Radford; and a nephew, Calvin; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
[November 20, 2002] 16 all who knew him, the death of Jeffrey Paul Radford of Chicago; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Jeffrey Paul Radford with our sincere condolences. HOUSE RESOLUTION 1094 Offered by Representative Monique Davis: WHEREAS, The Illinois House of Representatives was saddened to learn of the death of Shane Dee Sherman, who passed away on September 29, 2002; and WHEREAS, Shane Dee Sherman was born on October 24, 1961, the son of Niles and Mildred Sherman; and WHEREAS, Mr. Sherman attended Whitney Young High School in Chicago; he graduated from William S. Hart High School in California; and WHEREAS, Mr. Sherman held a variety of jobs through his years including employment with the Chicago Park District and the City of Chicago; he worked as an assistant to former Alderman Marion Humes, as an operating engineer for the Department of Water, and as an employee of the Department of Sewers; he was an entrepreneur who owned and operated a fleet of limousines; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow the passing of Shane Dee Sherman and extend our sincere condolences to his family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Shane Dee Sherman. HOUSE RESOLUTION 1095 Offered by Representative Monique Davis: WHEREAS, The members of the Illinois House of Representatives wish to express their sincerest condolences to the family and friends of John Harrison Swearengen, Jr., who passed away on August 2, 2002; and WHEREAS, John Harrison Swearengen, Jr., the second of seven children of the Reverend John Harrison and Willie Beatrice Swearengen, was born on January 4, 1931 in Memphis, Tennessee; and WHEREAS, Nicknames were special to Mr. Swearengen; some of his nicknames included "Junior", "Kunte Kinte" (African leader of a tribe), a name which was given to him by his siblings after the passing of his father in 1978; other names included "Peanut" and "Much Much Cool and Chilly One Chobby", a name that denotes his special relationship to his nieces and nephews; and WHEREAS, Being the son of a minister and a very devoted mother, Mr. Swearengen professed a hope in Christ and was active at the First Baptist Church in Memphis, Tennessee; along with his siblings, he was involved in Sunday School, Baptist Training Union, choir, and other youth related activities; and WHEREAS, From 1950 to 1952, Mr. Swearengen was a member of the United States Army Reserves and was called to active duty along with his brother, James, and other members of the community; and WHEREAS, Mr. Swearengen excelled academically, graduating from Douglass High School as valedictorian of his 1968 class with visions of becoming a doctor; circumstances and finances thwarted this vision, but that did not keep him from becoming a perennial student who took enough classes for several degrees at many colleges and universities in Chicago, including Northwestern University, the University of Illinois, the University of Chicago, and Chicago City College; and WHEREAS, Never having lost his desire to serve others, Mr. Swearengen redirected his focus to community service and became a community activist; he worked with several noted politicians and community leaders, including the Reverend Jesse Jackson, Congressmen Bobby Rush, Gus Savage, and Danny Davis, State Representatives Earline Collins, Richard Newhouse, and Monique Davis, and Judge Timothy Evans; he served as campaign manager for City Council Woman Anna R. Lankford's first election to the Chicago City Council; in addition, he directed
17 [November 20, 2002] the Chicago Local Political Action Committee (COPE Fund) to raise funds to assist in the election of U.S. Senator Carol Moseley Braun and served on the Local School Council at Calumet High School from 1990 to 1991; and WHEREAS, Mr. Swearengen was a dedicated employee of the Chicago Post Office for over 40 years; his experience and dedication were assets to the American Postal Workers Union (APWU) for more than 24 years; he was one of the founders of the Chicago Local and first elected president of the newly merged APWU; a skilled mediator, he was the architect and chief negotiator of the first local APWU contract with the Postal Service; he served as Director of Labor Relations for APWU, processing grievances and reinstating many employees; he received letters of commendation from such people as Moe Biller, president of the National APWU; and WHEREAS, The passing of John Harrison Swearengen, Jr., will be deeply felt by all who knew and loved him, especially his beloved wife of 14 years, Lavern Mitchell Swearengen; his children, Sheila Swearengen Fair, John H. Swearengen, III, Kimberly Walker, and Rebecca Mitchell; his 9 grandchildren, Jameta Swearengen, Anthony and Jasmin Fair, Coolythia Kyle, Brianna, Serena, and Savoy Mitchell, and Terris and Genoline Walker; his 4 great-grandchildren, Ja-onna, Terrel, and Agape' Lyle and Anthony Fair III; his brothers, Judge James E. Swearengen and Clarence Swearengen; his sisters, Mildred Swearengen Hayes, the Reverend Dr. Dorothy Swearengen Strong, and City Council Woman Evangelist Barbara Swearengen Holt; his sisters-in-law, Catherine Swearengen, Maebell Williams, Jolene Evans, Willie B. (husband, Jessie) Kitchens, Esther Deans, and Charlean Powell; his brothers-in-law, Eddie Hayes, Joseph Strong, James Earl and Michael Mitchell, and Anane' Nigritia; his aunt, Lucile Hawkins; his nephews; his nieces; his postal union family; and a host of relatives and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of John Harrison Swearengen, Jr. of Chicago; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of John Harrison Swearengen, Jr., with our sincere condolences. HOUSE RESOLUTION 1096 Offered by Representative Monique Davis: WHEREAS, Members of the Illinois House of Representatives are pleased to recognize the contributions and achievements of educators of the State of Illinois; and WHEREAS, It has come to our attention that Dr. Laura F. Williams officially retired from the Chicago Public Schools on June 28, 2002 after 38 years of service; and WHEREAS, Dr. Williams began her teaching career at John Harvard Elementary School, located on the south side of Chicago; she served as a 4th grade teacher, a physical education teacher, a science teacher, and an 8th grade teacher; she became the principal of John Harvard Elementary School in 1990; she served as a teacher for 26 years and a principal for 12; and WHEREAS, Dr. Williams earned her bachelors degree in education from Chicago State University in 1964; she received her masters degree in administrative supervision from Roosevelt University in 1975; believing that education is a lifelong process, she returned to Roosevelt University to receive her doctoral degree in 1997; and WHEREAS, Dr. Williams has received numerous awards and recognitions; she has been the recipient of the Outstanding Principal Award, Who's Who Among Top Educators, the Administrator of Excellence Award, Certification of Appreciation presented by the Local School Council; during her doctoral studies, Dr. Williams contributed to the April 1996 Catalyst Publication featuring "Mobility", which was also the study of her thesis; and WHEREAS, Dr. Williams is the mother of Paulette Dilworth and the
[November 20, 2002] 18 late Mark C. Williams, and the wife of the late Mr. Hayward Williams; of all her accomplishments, Dr. Williams' greatest joys have come from being a wife, mother and a grandmother; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Dr. Laura F. Williams on her achievements and devotion to excellence as an educator and administrator, and congratulate her upon her retirement on June 28, 2002; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Laura F. Williams. HOUSE RESOLUTION 1099 Offered by Representative Capparelli: WHEREAS, The members of the House of Representatives were saddened to learn of the death of Edwin M. "Bud" Zeman of Park Ridge on October 14, 2002, at the age of 62; and WHEREAS, Mr. Zeman was born in Chicago and grew up in Edison Park; he was an All-City football player for North Park Academy; he earned his Bachelor of Science degree in business administration from Upper Iowa University; while still in college, he was a member of the crew that won the 1960 Chicago-Mackinac boat race; and WHEREAS, While in college, he married Dorothy Sternaman; they were married for 41 years; and WHEREAS, Mr. Zeman was active in real estate and construction for many years; he was the founder of Zeman Realty Mobile Homes, Inc., a national mobile home park specialist, brokering mobile home parks throughout the eastern half of the United States; he was the founder of Mobile Management Co. Inc., a firm managing manufactured housing communities on a national level; he was the founder of Great American Home Sales, Inc., one of the largest dealers of mobile homes in the nation; he also directed Abbey Builders and Contractors Supply, Inc., a construction and development firm specializing in industrial and commercial construction as well as mobile home parks; and WHEREAS, Mr. Zeman was a licensed real estate broker and he was a member of, and served on numerous committees of, the National Association of Realtors, the Illinois Association of Realtors, the Chicago Real Estate Board, and the Real Estate Securities and Syndication Institute; he was a member of the Mobile Home Institute and the Illinois Manufactured Housing Association; he was the Chairman and Director of the Illinois Housing Institute, an association founded by him in 1988 along with other large manufactured housing community owners in the northeast part of the State; and WHEREAS, Mr. Zeman was a member of St. Paul of the Cross Parish; he sponsored many Chicago-area sports teams; he was active in Park Ridge youth soccer and he was a Park Ridge youth baseball coach; and WHEREAS, His passing will be deeply felt by his family and friends; he was the husband of Dorothy Zeman; the father of Kimberly (Jeffrey) Walker, Terry and Edward Zeman; the grandfather of Patrick Zeman, William, Margaret and Elizabeth Walker; the brother of Bob (Kathy) Zeman and Marianne (David) Smith and the late Terry Zeman; the uncle of Roger, Michael, Daniel and David Smith, Laura Martin, Robert, Amy Hogue and Matthew and Marcus Zeman; and the great-uncle of Erin and Katlyn Zeman, Tyler Hogue, Riley, Thomas, Hannah and Garrett Smith; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the passing of Edwin M. "Bud" Zeman and extend our sincere condolences to his family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mrs. Dorothy Zeman as an expression of our sympathy. HOUSE RESOLUTION 1100 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives offer
19 [November 20, 2002] sincere congratulations to the 2002 York Community High School Boys Cross Country Team and Coach Joe Newton on winning the Class AA State Championship Title; and WHEREAS, The Dukes won the State boys cross country meet with 125 points, with the assistance of sophomore Sean McNamara and senior Adam Manta who received all-state honors for finishing in the top 25, placing 13th and 23rd respectively; and WHEREAS, Coach Joe Newton, one of the most talented cross country and track coaches in history, has finished his 43rd season with York Community High School, leading the Dukes to a remarkable 22 State titles; and WHEREAS, Under Coach Newton's supervision, the Dukes won their first State Championship Title in 1962; the Dukes have also won 10 second-place and three third-place trophies; and WHEREAS, Sean McNamara, Adam Manta, Matt Montgomery, Eric Dettman, Matt Dettman, Mike Corry, and Josh Sharko came together as a team to win by a 73 point margin; and WHEREAS, We recognize the dedication of Coach Newton, the Athletic Department, and the entire York High School community in their tireless efforts to train and educate superior athletes and well-rounded students; and WHEREAS, The Dukes have given countless hours and all of their energy in reclaiming the Cross Country State Championship; and WHEREAS, This victory is shared with the families, friends, York Community High School, and the entire Elmhurst community, who have cheered on the team all season; and WHEREAS, This title is a source of great pride for the team, school, and community; and WHEREAS, We recognize the talent of these young athletes and their coaches; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby offer our congratulations to Coach Joe Newton and the members of the York Community High School Boys Cross Country Team on their 22nd State Championship Title; and be it further RESOLVED, That a suitable copy of this resolution be presented to Coach Joe Newton, York Community High School, and the members of the team. HOUSE RESOLUTION 1101 Offered by Representative McCarthy: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize significant accomplishments in high school sports in the State of Illinois; and WHEREAS, On November 9, 2002, the Carl Sandburg Boys Varsity Soccer Team, the Eagles, won the IHSA State Class AA Soccer Championship; and WHEREAS, The Eagles finished the season with a record of 26-1-2, and they were the champions of the SICA West Conference, the Naperville Tournament, the Glenbard West Tournament, and the IHSA Regionals and Sectionals; and WHEREAS, The team members are Cole Glassner, Brad Nagel, Paul Boyle, Dan Peterson, Greg Olmsted, Mike Piazza, John Partyka, Colin Aubin, Angelo Labriola, Al Duncan, Scott Kupiec, Tim Engel, Nick Anello, Brian Pasierb, Andrea Frigo, Zac Buikema, Nick Kwiatek, Kevin Kuhn, Steve Mulac, Brett Falloon, Matt Nagel, Jed Zayner, Tim Kopec, Matt Mergenthaler, Paul Kopec, Dom Didiana, Jay Swiderski, Jesse Furmanek, and Mike Nejedly; their coach is Jack Ferraro; the assistant coaches are Jim Pisani, Pete Knutson, Mike Erdman, and Dan Olsen; the trainers are Bill Frey and John Wator and the student trainers are Linda Sullivan and Eileen Niedeborski; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Carl Sandburg Boys Varsity Soccer Team on winning the 2002 IHSA State Class AA Soccer Championship and we extend our best wishes to the coaches and the team for continued success in the future; and be it
[November 20, 2002] 20 further RESOLVED, That suitable copies of this resolution be presented to Dr. Patrick McMahon, Superintendent of Consolidated High School District 230, Mike Mecozzi, principal of Carl Sandburg High School, head coach Jack Ferraro, assistant coaches Jim Pisani, Pete Knutson, Mike Erdman, and Dan Olson, and each member of the team as an expression of our esteem. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 1080 Offered by Representative Granberg: WHEREAS, The Capital Litigation Trust Fund was created by the Capital Crimes Litigation Act, which was developed to promote fairness in the prosecution and defense of capital crimes within the State of Illinois; and WHEREAS, The Capital Litigation Trust Fund is a special fund in the State Treasury, administered by the Treasurer, to provide moneys for compensation and expenses to be paid for the prosecution and defense of capital crimes throughout the State of Illinois beginning on January 1, 2000; and WHEREAS, Illinois' criminal justice system is founded on fairness in procedural safeguards for both the prosecution and defense, which is dependent on respect and adherence of procedures established since August 26, 1818; and WHEREAS, The defendant, Cecil Sutherland, was tried and convicted by jury in 1989 for aggravated kidnapping, aggravated criminal sexual assault, and three counts of murder; and WHEREAS, On November 16, 2001, the Illinois Supreme Court rendered the decision to allow Sutherland a new trial because of inadequate defense and because the prosecution oversold its case to the jury; and WHEREAS, The original retrial date of Cecil Sutherland was May 22, 2001 and has been delayed so many months with the defense counsel, John Paul Carroll of Connecticut and Sharon Costa of Illinois, raising numerous procedural objections with little merit; and WHEREAS, Defense counsel may have caused improper and unwarranted delays thereby causing the improper expenditures of moneys from the Capital Litigation Trust Fund during the retrial proceedings of Cecil Sutherland totaling approximately $430,310 to date; and WHEREAS, Defense counsel initially offered to represent the defendant on a pro bono basis; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to the Illinois State Auditing Act, the Illinois House of Representatives directs the Auditor General to conduct an audit of expenditures of the Capital Litigation Trust Fund regarding the People v. Sutherland capital crimes retrial; and be it further RESOLVED, That the Auditor General shall report his findings to the Illinois General Assembly by May 31, 2003; and be it further RESOLVED, That a suitable copy of this preamble and resolution be presented to the Auditor General and the Treasurer. HOUSE RESOLUTION 1097 Offered by Representative Lou Jones: WHEREAS, Lupus is a chronic, incurable autoimmune disease of unknown origin that mainly affects women of childbearing age, is difficult to diagnose and causes severe, potentially life-threatening organ damage; and WHEREAS, The Lupus Foundation of America estimates that 1.4 million people in the U.S. have a form of lupus; and
21 [November 20, 2002] WHEREAS, Lupus causes the immune system to attack the body's healthy cells and tissues producing skin damage, rheumatoid arthritis, life-threatening inflammation of multiple major organs, and a potentially fatal failure of the renal, circulatory or central nervous systems; and WHEREAS, Symptoms include joint pain, rash, unusual loss of hair, unexplained fever, low blood counts, sensitivity to the sun and fingers that turn pale or purple when exposed to cold; and WHEREAS, According to the Lupus Foundation of America, a survey of its members revealed that more than half of all people with lupus suffered four or more years and were examined by three or more doctors before obtaining a correct diagnosis; and WHEREAS, According to the Center for Disease Control and Prevention, the number of lupus-related deaths between 1979 and 1988 increased dramatically; African American women, ages 45-64, experienced a 70 percent increase, the largest increase among all groups in the twenty years studied; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Director of the Illinois Department of Public Health to implement a public education and outreach program to raise awareness about the symptoms and potentially life-threatening effects of the disease lupus; and be it further RESOLVED, That a copy of this resolution be presented to the Director of the Illinois Department of Public Health. HOUSE RESOLUTION 1098 Offered by Representative Lou Jones: WHEREAS, The World Health Organization characterizes Hepatitis C as a disease of primary concern to humanity; and WHEREAS, Hepatitis C is considered a silent killer; no recognizable signs or symptoms occur until severe liver damage has occurred; and WHEREAS, Studies indicate that nearly 4 million Americans (1.8 percent of the population) carry the virus HCV that causes the disease; and WHEREAS, 30,000 acute new infections occur each year in the United States, and only 25 to 30 percent are diagnosed; and WHEREAS, 8,000 to 10,000 Americans die from the disease each year; and WHEREAS, 200,000 Illinois residents may be carriers and could develop the debilitating and potentially deadly liver disease; and WHEREAS, Inmates of correctional facilities have a higher incidence of Hepatitis C and, upon their release, present a significant health risk to the general population; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that, due to the prevalence and highly communicable nature of Hepatitis C, we urge the Department of Public Health to go beyond its current effort of providing information about Hepatitis C as part of its overall effort to prevent infectious diseases in Illinois; and be it further RESOLVED, That we urge the Department of Public Health to develop discrete public education and outreach programs to raise awareness about Hepatitis C and promote prevention; and be it further RESOLVED, That a copy of this resolution be presented to the Director of the Illinois Department of Public Health. HOUSE JOINT RESOLUTION 88 Offered by Representative Poe: WHEREAS, Pulmonary hypertension is a rare lung disorder that historically has been chronic and incurable, with a poor survival rate; and WHEREAS, In the United States, it has been estimated that 300 new cases of pulmonary hypertension are diagnosed each year; and WHEREAS, The greatest number of cases are reported in women between
[November 20, 2002] 22 the ages of 21 and 40, although pulmonary hypertension can affect men, women, and children at any age; and WHEREAS, Pulmonary hypertension also affects people of all racial and ethnic origins equally; and WHEREAS, About 6 to 10 percent of pulmonary hypertension cases are familial; and WHEREAS, During the period January 1996 through December 1997, almost 6,000,000 Americans took anorexic drugs, which can cause pulmonary hypertension; and WHEREAS, Pulmonary hypertension remains a diagnosis of exclusion and is rarely detected in routine medical examinations; and WHEREAS, Even in later stages, the signs of pulmonary hypertension can be confused with other conditions affecting the heart and lungs; and WHEREAS, One form of pulmonary hypertension, known as secondary pulmonary hypertension, is caused by other diseases, and two common causes of secondary pulmonary hypertension are emphysema and bronchitis; and WHEREAS, Other causes are inflammatory or collagen vascular disease such as scleroderma, CREST syndrome, or systemic lupus erythematosus; and WHEREAS, Early diagnosis can lead to early treatment and the possibility of improved quality of life and prolonged life; and WHEREAS, Education can help with early diagnosis; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the month of November is hereby designated as Pulmonary Hypertension Awareness Month in Illinois; and be it further RESOLVED, That we recognize and applaud the role played by health organizations and health care providers in promoting awareness of the importance of early diagnosis, testing, and ongoing screening for pulmonary hypertension, and we encourage health organizations in this State to host activities to promote pulmonary hypertension awareness; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Pulmonary Hypertension Association. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 2:35 o'clock p.m. ACTION ON MOTIONS Representative Currie moved to suspend the posting requirements on SENATE BILL 729 to be heard in the Committee on Finacial Institutions. The motion prevailed. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Capparelli moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 4179, by adoption of the following amendment: AMENDMENT TO HOUSE BILL 4179 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 4179 as follows: on page 3, lines 10 and 14, by replacing "official" each time it appears with "official"; and on page 4, line 20, by replacing "authorized" with "official"; and on page 8, line 13, by inserting "engaged" after "department"; and on page 8, line 14, by replacing "authorized" with "official"; and
23 [November 20, 2002] on page 9, by inserting after line 12 the following: "Section 99. Effective date. This Act takes effect on January 1, 2003.". And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This motion, having received the votes of a constitutional majority of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change. Pursuant to the Motion submitted previously, Representative Novak moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 2, by adoption of the following amendment: AMENDMENT TO HOUSE BILL 2 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 2, on page 1, line 13, by replacing "electricity." with "electricity, excluding on-board electric generation."; and on page 3, line 1, by replacing "Act; (2) determine" with "Act and (2) recommend"; and on page 3, line 2, by replacing "grants and review" with "grants."; and on page 3, by deleting lines 3 through 6; and on page 3, by replacing line 19 with "research program shall remain in effect, subject to appropriation after calendar year until December 31,"; and on page 3, line 24, after "1997,", by inserting "and as long as funds are available,"; and on page 3, by replacing lines 27 through 32 with the following: "issued under the provisions of this Act. The Alternate Fuels Advisory Board shall develop and recommend to the Agency rules that provide incentives or other measures to ensure that small fleet operators and owners participate in, and benefit from, the rebate program. Such rules shall define and identify small fleet operators and owners in the covered"; and on page 4, by replacing lines 1 through 8 with the following: "area and make provisions for the establishment of criteria to ensure that funds from the Alternate Fuels Fund specified in this Act are made readily available to these entities. The Advisory Board shall, in the development of its rebate application review criteria, make provisions for preference to be given to applications proposing a partnership between the fleet operator or owner and a fueling service station to make alternate fuels available to the public. An owner may"; and on page 4, by replacing lines 26 and 27 with the following: "conversion cost rebates applied for during or after calendar year years 1997, 1998, 1999, 2000, 2001, and 2002 shall"; and on page 4, line 30, by replacing "2004," with "2002,"; and on page 5, by replacing lines 13 and 14 with the following: "or after calendar year years 1997, 1998, 1999, 2000, 2001, and 2002 shall be 80% of all approved cost differential"; and on page 5, line 16, by replacing "2004," with "2002,"; and on page 5, by replacing lines 31 and 32 with the following: "applied for during or after calendar year years 1997, 1998, 1999, 2000, and 2001 and approved rebates shall be 80% of the cost"; and on page 6, by replacing lines 1 through 32 with the following: "year 2002 if funds are still available. Twenty-five percent of the amount appropriated under Section 40 to be used to fund the programs authorized by this Section during calendar year 1998 shall be designated to fund fuel cost differential rebates. If the total dollar amount of approved fuel cost differential rebate applications as of October 1, 1998 is less than the amount designated for that calendar year, the balance of designated funds shall be immediately available to fund any rebate authorized by this Section and approved in the calendar year. An applicant may include on an application submitted in 1997 all amounts spent within that calendar year on fuel cost differential, even
[November 20, 2002] 24 if the expenditure occurred before the promulgation of the Agency rules. Twenty-five percent of the amount appropriated under Section 40 to be used to fund the programs authorized by this Section during calendar year 1999 shall be designated to fund fuel cost differential rebates. If the total dollar amount of approved fuel cost differential rebate applications as of July 1, 1999 is less than the amount designated for that calendar year, the balance of designated funds shall be immediately available to fund any rebate authorized by this Section and approved in the calendar year. Twenty-five percent of the amount appropriated under Section 40 to be used to fund programs authorized by this Section during calendar year 2000 shall be designated to fund fuel cost differential rebates. If the total dollar amount of approved fuel cost differential rebate applications as of July 1, 2000 is less than the amount designated for that calendar year, the balance of designated funds shall be immediately available to fund any rebate authorized by this Section and approved in the calendar year."; and on page 7, line 24, by replacing "The" with "Subject to appropriation, the"; and on page 7, line 32, by deleting "Under the grant program,"; and on page 7, by deleting line 33; and on page 8, by deleting lines 1 and 2; and on page 8, line 4, by replacing "The" with "Subject to appropriation, the"; and on page 8, by replacing line 13, with the following: "(a) During fiscal years 1999, 2000, 2001, and 2002"; and on page 9, lines 9, 12, 18, and 21, by replacing "and 2001" with "2001, and 2002" each time it appears; and on page 9, line 32, by replacing "2001," with "2002,"; and on page 10, lines 11, 16, and 20, by replacing "2002, 2003," with "2003" each time it appears; and on page 11, by deleting lines 2 through 15; and on page 11, line 16, by deleting "(d) Blank.". And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This motion, having received the votes of a constitutional majority of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change. Pursuant to the Motion submitted previously, Representative Acevedo moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 4074, by adoption of the following amendment: AMENDMENT TO HOUSE BILL 4074 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 4074 as follows: on page 2, line 34, after the period, by inserting the following: "A retired law enforcement officer may be certified by the Illinois State Police only to (i) prepare petitions for the authority to intercept private oral communications in accordance with the provisions of this Act; (ii) intercept and supervise the interception of private oral communications; (iii) handle, safeguard, and use evidence derived from such private oral communications; and (iv) operate and maintain equipment used to intercept private oral communications.". And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This motion, having received the votes of a constitutional majority of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change.
25 [November 20, 2002] Pursuant to the Motion submitted previously, Representative Durkin moved that HOUSE BILL 5652 do pass, the Governor's Specific Recommendations for Change notwithstanding. A three-fifths vote is required. And on that motion, a vote was taken resulting as follows: 40, Yeas; 71, Nays; 5, Answering Present. (ROLL CALL 5) Having failed to receive the votes of three-fifths of the Members elected, the motion was declared lost. HOUSE BILLS ON SECOND READING HOUSE BILL 2643. Having been printed, was taken up and read by title a second time. Representative Morrow offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2643 AMENDMENT NO. 1. Amend House Bill 2643 by replacing the title with the following: "AN ACT concerning contracts."; and by replacing everything after the enacting clause with the following: "Section 5. The Architectural, Engineering, and Land Surveying Qualifications Based Selection Act is amended by changing Section 45 as follows: (30 ILCS 535/45) (from Ch. 127, par. 4151-45) Sec. 45. Small contracts. The provisions of Sections 25, 30, and 35 do not apply to architectural, engineering, and land surveying contracts with an estimated basic professional services fee of less than $25,000. (Source: P.A. 87-673.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. 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. HOUSE BILL 2787. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Health Care Availability & Access, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2787 AMENDMENT NO. 1. Amend House Bill 2787 by replacing the title with the following: "AN ACT concerning health care facilities."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Prompt Care Facility Registration Act. Section 5. Findings and purpose. (a) The Illinois General Assembly makes all of the following findings: (1) Hospital emergency services are not always the most appropriate level of care for patients seeking unscheduled medical care or for patients who do not have a regular physician who can treat a significant or acute medical condition not considered critical, debilitating, or life-threatening.
[November 20, 2002] 26 (2) Hospital emergency rooms are over-utilized and too often over-burdened with many injuries or illnesses that could be managed in a less intensive clinical setting or physician's office. (3) Over-utilization of hospital emergency departments contributes to excess medical and health insurance costs. (4) Prompt care facilities are a growing alternative to hospital emergency departments. (5) The use of the term "urgent" or "emergi-" or a similar term in a prompt care facility's posted or advertised name may confuse the public and prospective patients regarding the type of services offered relative to those provided by a hospital emergency department. There is significant risk to the public health and safety if persons requiring treatment for a critical or life-threatening condition inappropriately use prompt care facilities. (6) To control costs and ensure more appropriate use of the health care delivery system, some managed care entities and other health insurers require use of alternative health care facilities such as prompt care facilities for certain non-critical medical emergencies. Enrollees are not always sure about the policies and procedures that must be followed in the use of such facilities, especially the standards that will differentiate between use of these facilities and a hospital emergency department. (7) There is a need to more clearly define the role and function of prompt care facilities in the health care delivery system, and to more effectively educate health care payers and consumers about the most appropriate use of prompt care facilities. (b) The purpose of this Act is to define the role and function of prompt care facilities, require the registration of such facilities, and require public education regarding the appropriate use of such facilities. Section 10. Definitions. For the purposes of this Act: "Department" means the Department of Public Health. "Prompt care facility" means an outpatient treatment center that (i) advertises or provides unscheduled health care services and (ii) uses or advertises a facility with the term "urgent care center", "emergi-center", or "prompt care center" or gives the impression to the public that it provides health care services for conditions requiring immediate, urgent, or emergency care, as defined by the Department. "Prompt care facility" does not include any of the following: (i) A medical facility that is licensed under the Hospital Licensing Act or the Ambulatory Surgical Treatment Center Act or any other health care institution licensed under the laws of the State of Illinois. (ii) Dispensaries and first aid stations located within business or industrial establishments maintained solely for the use of employees. (iii) Adult foster care homes. (iv) Places where 4 or fewer adults receive adult day health services. (v) Places at which persons receive health-related services only from relatives or legal guardians. (vi) The personal residence of a terminally ill person or the personal residence of that person's relative or guardian, where that person receives hospice services. (vii) All medical and health-related facilities and services that are provided to inmates in a state prison. (viii) A physician office or clinic that does not advertise using the term "urgent care center", "emergi-center", or "prompt care center" or give the impression to the public that it provides health care services for conditions requiring immediate, urgent, or emergency care, as defined by the Department. Section 15. Registration requirement. Beginning January 1, 2004, no person shall establish, conduct, or maintain a prompt care facility without first being registered with the Department. Section 20. Ownership of prompt care facility. No person or
27 [November 20, 2002] entity may own a prompt care facility other than a licensed hospital, a hospital affiliate as defined under the Hospital Licensing Act, an individual licensed physician, a group of licensed physicians, or any combination thereof. Section 25. Referral and emergency transportation plans. As a condition of registration, each prompt care facility must develop and implement referral and emergency transportation plans for use in critical medical emergencies. These plans shall include policies and procedures for accessing the emergency medical services system, including the use of ambulances and paramedic personnel for transporting patients to the facility and from the facility to hospital emergency departments, when necessary. All policies and procedures shall be approved by a physician licensed to practice medicine it all its branches or the facility medical director. Section 30. Educating the public. Prompt care facilities must educate the public and prospective patients about the categories or types of services available at prompt care facilities and their appropriate use. Section 35. Rules. The Department shall adopt rules for the implementation of this Act, including rules concerning registration fees, penalties for noncompliance, and the suspension or termination of operation of facilities that are not registered. The Department shall adopt rules regulating the use of the term "urgent" or "emergi-" or a similar term in a prompt care facility's posted or advertised name so as to minimize, to the extent practicable, the likelihood of confusion regarding the type of services provided by a prompt care facility relative to those of a hospital emergency department. Section 90. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-543 as follows: (20 ILCS 2310/2310-543 new) Sec. 2310-543. Prompt care facilities. (a) The Department must define the categories or types of health care services available at prompt care facilities registered pursuant to the Prompt Care Facility Registration Act. (b) The Department must educate the public and prospective patients about the categories or types of health care services available at prompt care facilities and their appropriate use. (c) The Department must compile data regarding the utilization of prompt care facilities and report it findings regarding their function and impact on the health delivery system and health care costs to the Governor and the General Assembly every 2 years on or before January 1. Section 95. The Managed Care Reform and Patient Rights Act is amended by adding Section 43 as follows: (215 ILCS 134/43 new) Sec. 43. Prompt care facilities. (a) A health care plan must ensure that its enrollees are clearly informed about their rights and responsibilities in obtaining referrals to and making appropriate use of prompt care facilities. (b) A health care plan must review the performance of and re-credential prompt care facilities at least once every 3 years. (c) Nothing in this Section is intended to affect the rights of enrollees or relieve a health care plan of its responsibilities with respect to the provision of and coverage of emergency services or treatment of an emergency medical condition, as those terms are defined by this Act, and as those responsibilities and rights are otherwise provided under this Act, especially Section 65 of this Act. (d) For the purposes of this Section, "prompt care facility" has the meaning given to that term in the Prompt Care Facility Registration Act. 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.
[November 20, 2002] 28 HOUSE BILL 4736. Having been printed, was taken up and read by title a second time. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 4736 AMENDMENT NO. 1. Amend House Bill 4736 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Public Aid Code is amended by adding Section 5-5.04 as follows: (305 ILCS 5/5-5.04 new) Sec. 5-5.04. Full-service acute care children's hospital; clinic services. The Department of Public Aid must make reimbursement under this Article for services provided at a hospital-based organized clinic if (i) the hospital is a full-service acute care children's hospital devoted exclusively to pediatrics and does not share a Medicare provider number with an adult institution, (ii) the clinic is located within one mile of the hospital, and (iii) the services are otherwise eligible for reimbursement under this Code. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. 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. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Madigan, HOUSE BILL 2643 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING HOUSE BILL 6306. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Appropriations-Public Safety, adopted and printed: "GET AMENDMENT NO. 1 HERE". Representative Hannig offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 6306 AMENDMENT NO. 2. Amend House Bill 6306 as follows:
29 [November 20, 2002] on page 8, line 28, by replacing "$15,000,000" with "$55,000,000". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON SECOND READING SENATE BILL 1240. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1240 AMENDMENT NO. 1. Amend Senate Bill 1240 on page 1, by replacing line 6 with the following: "and 27-24.11 as follows:"; and on page 1, line 9, by replacing "27-24.12" with "27-24.11"; and on page 1, by replacing lines 12 through 30 with the following: "(105 ILCS 5/27-24.9 new) Sec. 27-24.9. Parent-directed or guardian-directed driver education. (a) A parent or legal guardian may teach his or her child's driver education course if the parent or guardian: (1) is a licensed driver; (2) has not had his or her driver's license suspended within the past 5 years; (3) has never been convicted of driving under the influence of alcohol, drugs, or intoxicating compounds, leaving the scene of an accident involving personal injury or death, or reckless homicide and has never received a statutory summary suspension of his or her driver's license; and (4) uses a parent-directed or guardian-directed driver education course that has been approved by the State Board of Education in accordance with this Section. (b) Completion of a parent-directed or guardian-directed driver education course approved under this Section is equivalent to completion of a school-based driver education course approved by the State Board. A student participating in a parent-directed or guardian-directed driver education course approved by the State Board must meet the academic and age requirements for participating in driver education under Section 27-24.2 of this Code. The provider of an approved parent-directed or guardian-directed driver education course must, upon request, supply parents and guardians with the forms required to obtain an instruction permit under the Illinois Vehicle Code. (c) A parent or guardian electing to teach his or her child's driver education course must maintain adequate records to demonstrate that the approved parent-directed or guardian-directed driver education course was completed and must provide those records to the person or company providing the course. The parent or guardian must supply all original tests from each lesson, original driver final evaluation sheets from each lesson, and all original driving logs from each lesson to the person or company providing the course. The parent or guardian must demonstrate proof of insurance to the person or company providing the course. (d) A student participating in a parent-directed or guardian-directed driver education course must spend at least 30 hours in classroom instruction and 50 hours in practice driving instruction, including at least 10 hours of nighttime driving.
[November 20, 2002] 30 (e) The State Board may not approve a parent-directed or guardian-directed driver education course unless the State Board determines that the curriculum is at least equal to that required in a school-based driver education course approved by the State Board. The State Board, however, may not require that the classroom instruction be provided in a room having particular characteristics or equipment or that the motor vehicle used for the practice driving instruction have equipment other than the equipment required by law for operation on a highway. (f) Before the State Board may approve a parent-directed or guardian-directed driver education course, the person or company offering the course must register with the Secretary of State to do business in Illinois and must have professional liability insurance in the amount of no less than $1,000,000, covering the course materials and person or company being considered and extending coverage to a student and his or her parent or guardian during practice driving instruction. The insurance policy must include the State of Illinois as an additional insured. (g) The Secretary of State shall supply to providers with approved parent-directed or guardian-directed driver education courses applications and other materials necessary for obtaining an instruction permit under the Illinois Vehicle Code, upon the provider's request. The provider of the course must maintain adequate records and, upon request by the State Board or the Secretary of State, provide documentation verifying compliance with this Section and its implementing rules. (h) The State Board, upon application accompanied by a $500 fee, which shall be deposited in the Driver Education Fund in the State treasury, is authorized to approve a parent-directed or guardian-directed driver education course if the course includes lessons teaching students the dangers of drinking and driving and provides step-wise, systematic, and progressive levels of instruction with concurrent classroom and driving instruction that meets all other requirements of this Section. The course must have concurrent classroom and driving instruction, becoming more complex as the student's skill levels and knowledge increase and moving from simple driving decisions to more complex driving decisions as the student masters skill levels. The course must follow the following sequence: (1) Students must be taught basic State laws and rules regarding driving and the mechanical operation of a motor vehicle. Students shall fulfill all requirements to receive their instruction permits under the Illinois Vehicle Code. (2) Students must receive off-street instruction, graduating to driving on low-volume, 2-lane roads at a maximum speed of 30 miles per hour. Students must be taught basic driving rules and how to identify possible driving hazards. (3) Students must graduate to driving on avenues and boulevards at a maximum speed of 35 miles per hour. Students must be taught car control, lane positions, and to focus on keeping the proper spacing around the motor vehicle. (4) Students must continue to practice and improve their driving skills on avenues and boulevards. Students must graduate to driving on 4-lane roads with maximum speed limits of 45 miles per hour, while continuing to focus on proper lane positioning and lane use as well as vehicle spacing. (5) Students must focus on the importance of driving at safe speeds under all conditions. Students must be instructed on how to deal with emergency road situations. Students must be permitted to drive in downtown traffic, on roads with a 45 mile per hour speed limit, and learn how to properly park their motor vehicles. (6) Students must learn how to handle driving emergencies, learning collision avoidance techniques to be better prepared for the unexpected. Students must graduate to driving on the freeway. (7) Students must focus on thinking and behavior while driving. Students must learn about automobile insurance, protecting themselves and their motor vehicles, and security
31 [November 20, 2002] measures that can be taken. Students must receive a final evaluation that includes freeway driving, city driving, rural driving, driving on busy 4-lane roads, and reversing, as applicable to the student's environment. Upon passing the final evaluation, the student shall qualify for certification of completion of the course. (i) The provider of an approved parent-directed or guardian-directed driver education course must offer technical support during business hours Monday through Friday. The curriculum must provide a midcourse check point. At this point, all driving logs and classroom work must be reviewed by technical support to determine whether a parent or guardian is properly teaching the course. At the conclusion of the course, the provider must certify to the State Board whether the course has been successfully completed, including the total hours the student spent on the course, as evidenced by the records and affidavits submitted by the parent or guardian. Upon notification that the student has successfully completed the course, the State Board shall forward to the provider the State certification of completion of an approved driver education course. The provider shall forward the certification to the parent or guardian. (j) The State Board may adopt any rules necessary to implement this Section and shall make a listing of approved parent-directed or guardian-directed driver education courses available on its Internet web site. (k) Nothing in this Section or Section 27-24.10 shall be construed to allow a school to subcontract for driver education. (105 ILCS 5/27-24.10 new) Sec. 27-24.10. Compliance; change in curriculum. A person or company providing an approved parent-directed or guardian-directed driver education course shall comply with all provisions of Sections 27-24.9 through 27-24.11 of this Code and any rules adopted under those Sections. Any proposed change in an approved curriculum shall be submitted to the State Board for approval before the change is implemented. The State Board must terminate the approval of any parent-directed or guardian-directed driver education course that is not in compliance with this Section or its implementing rules. (105 ILCS 5/27-24.11 new) Sec. 27-24.11. Penalty. A person is guilty of a Class C misdemeanor if he or she knowingly does any of the following: (1) Offers or provides to parents and guardians a parent-directed or guardian-directed driver education course that has not been approved by the State Board. (2) Provides false information to the State Board in an application for approval of a parent-directed or guardian-directed driver education course. (3) Falsely certifies that a student has successfully completed a parent-directed or guardian-directed driver education course. (4) Possesses a certificate of completion of a parent-directed or guardian-directed driver education course that he or she is not authorized to possess. (5) Transfers a certificate of completion of a parent-directed or guardian-directed driver education course to a person who is not authorized to possess the certificate."; and by deleting pages 2 and 3; and on page 4, by deleting lines 1 through 8. AMENDMENT NO. 2 TO SENATE BILL 1240 AMENDMENT NO. 2. Amend Senate Bill 1240, AS AMENDED, by replacing the title with the following: "AN ACT concerning education, which may be referred to as the Chicago Education Reform Act of 2002."; and by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Sections 27A-4, 27A-5, 27A-6, 27A-10, 34-8.1, and 34-18 and adding Section 34-3.5 as
[November 20, 2002] 32 follows: (105 ILCS 5/27A-4) Sec. 27A-4. General Provisions. (a) The General Assembly does not intend to alter or amend the provisions of any court-ordered desegregation plan in effect for any school district. A charter school shall be subject to all federal and State laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services. (b) The total number of charter schools operating under this Article at any one time shall not exceed 60 45. Not more than 30 15 charter schools shall operate at any one time in any city having a population exceeding 500,000; not more than 15 charter schools shall operate at any one time in the counties of DuPage, Kane, Lake, McHenry, Will, and that portion of Cook County that is located outside a city having a population exceeding 500,000, with not more than one charter school that has been initiated by a board of education, or by an intergovernmental agreement between or among boards of education, operating at any one time in the school district where the charter school is located; and not more than 15 charter schools shall operate at any one time in the remainder of the State, with not more than one charter school that has been initiated by a board of education, or by an intergovernmental agreement between or among boards of education, operating at any one time in the school district where the charter school is located. For purposes of implementing this Section, the State Board shall assign a number to each charter submission it receives under Section 27A-6 for its review and certification, based on the chronological order in which the submission is received by it. The State Board shall promptly notify local school boards when the maximum numbers of certified charter schools authorized to operate have been reached. (c) No charter shall be granted under this Article that would convert any existing private, parochial, or non-public school to a charter school. (d) Enrollment in a charter school shall be open to any pupil who resides within the geographic boundaries of the area served by the local school board. (e) Nothing in this Article shall prevent 2 or more local school boards from jointly issuing a charter to a single shared charter school, provided that all of the provisions of this Article are met as to those local school boards. (f) No local school board shall require any employee of the school district to be employed in a charter school. (g) No local school board shall require any pupil residing within the geographic boundary of its district to enroll in a charter school. (h) If there are more eligible applicants for enrollment in a charter school than there are spaces available, successful applicants shall be selected by lottery. However, priority shall be given to siblings of pupils enrolled in the charter school and to pupils who were enrolled in the charter school the previous school year, unless expelled for cause. Dual enrollment at both a charter school and a public school or non-public school shall not be allowed. A pupil who is suspended or expelled from a charter school shall be deemed to be suspended or expelled from the public schools of the school district in which the pupil resides. (i) (Blank). (j) Notwithstanding any other provision of law to the contrary, a school district in a city having a population exceeding 500,000 shall not have a duty to collectively bargain with an exclusive representative of its employees over decisions to grant or deny a charter school proposal under Section 27A-8 of this Code, decisions to renew or revoke a charter under Section 27A-9 of this Code, and the impact of these decisions, provided that nothing in this Section shall have the effect of negating, abrogating, replacing, reducing, diminishing, or limiting in any way employee rights, guarantees, or
33 [November 20, 2002] privileges granted in Sections 2, 3, 7, 8, 10, 14, and 15 of the Illinois Educational Labor Relations Act. (Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99; 91-407, eff. 8-3-99; 92-16, eff. 6-28-01.) (105 ILCS 5/27A-5) Sec. 27A-5. Charter school; legal entity; requirements. (a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois. (b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on the effective date of this amendatory Act of the 92nd General Assembly, in all new applications submitted to the State Board or a local school board to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by this amendatory Act of the 92nd General Assembly do not apply to charter schools existing or approved on or before the effective date of this amendatory Act. (c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act. (d) A charter school shall comply with all applicable health and safety requirements applicable to public schools under the laws of the State of Illinois. (e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities. (f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. (g) A charter school shall comply with all provisions of this Article and its charter. A charter school is exempt from all other State laws and regulations in the School Code governing public schools and local school board policies, except the following: (1) Sections 10-21.9 and 34-18.5 of the School Code regarding criminal background investigations of applicants for employment; (2) Sections 24-24 and 34-84A of the School Code regarding discipline of students; (3) The Local Governmental and Governmental Employees Tort Immunity Act; (4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents; (5) The Abused and Neglected Child Reporting Act; (6) The Illinois School Student Records Act; and (7) Section 10-17a of the School Code regarding school report cards. (h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school operating in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school
[November 20, 2002] 34 during the period that commences on the effective date of this amendatory Act of the 92nd General Assembly and concludes at the end of the 2004-2005 school year. The changes made to this Section by this amendatory Act of the 92nd General Assembly do not apply to charter schools existing or approved on or before the effective date of this amendatory Act. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost. (i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter. (j) A charter school may limit student enrollment by age or grade level. (Source: P.A. 91-407, eff. 8-3-99.) (105 ILCS 5/27A-6) Sec. 27A-6. Contract contents; applicability of laws and regulations. (a) A certified charter shall constitute a binding contract and agreement between the charter school and a local school board under the terms of which the local school board authorizes the governing body of the charter school to operate the charter school on the terms specified in the contract. (b) Notwithstanding any other provision of this Article, the certified charter may not waive or release the charter school from the State goals, standards, and assessments established pursuant to Section 2-3.64. Beginning with the 2003-2004 school year, the certified charter for a charter school operating in a city having a population exceeding 500,000 shall require the charter school to administer any other nationally recognized standardized tests to its students that the chartering entity administers to other students, and the results on such tests shall be included in the chartering entity's assessment reports. (c) Subject to the provisions of subsection (e), a material revision to a previously certified contract or a renewal shall be made with the approval of both the local school board and the governing body of the charter school. (c-5) The proposed contract shall include a provision on how both parties will address minor violations of the contract. (d) The proposed contract between the governing body of a proposed charter school and the local school board as described in Section 27A-7 must be submitted to and certified by the State Board before it can take effect. If the State Board recommends that the proposed contract be modified for consistency with this Article before it can be certified, the modifications must be consented to by both the governing body of the charter school and the local school board, and resubmitted to the State Board for its certification. If the proposed contract is resubmitted in a form that is not consistent with this Article, the State Board may refuse to certify the charter. The State Board shall assign a number to each submission or resubmission in chronological order of receipt, and shall determine whether the proposed contract is consistent with the provisions of this Article. If the proposed contract complies, the State Board shall so certify. (e) No material revision to a previously certified contract or a renewal shall be effective unless and until the State Board certifies that the revision or renewal is consistent with the provisions of this
35 [November 20, 2002] Article. (Source: P.A. 91-407, eff. 8-3-99.) (105 ILCS 5/27A-10) Sec. 27A-10. Employees. (a) A person shall be deemed to be employed by a charter school unless a collective bargaining agreement or the charter school contract otherwise provides. (b) In all school districts, including special charter districts and districts located in cities having a population exceeding 500,000, the local school board shall determine by policy or by negotiated agreement, if one exists, the employment status of any school district employees who are employed by a charter school and who seek to return to employment in the public schools of the district. Each local school board shall grant, for a period of up to 5 years, a leave of absence to those of its teachers who accept employment with a charter school. At the end of the authorized leave of absence, the teacher must return to the school district or resign; provided, however, that if the teacher chooses to return to the school district, the teacher must be assigned to a position which requires the teacher's certification and legal qualifications. The contractual continued service status and retirement benefits of a teacher of the district who is granted a leave of absence to accept employment with a charter school shall not be affected by that leave of absence. (c) Charter schools shall employ in instructional positions, as defined in the charter, individuals who are certificated under Article 21 of this the School Code or who possess the following qualifications: (i) graduated with a bachelor's degree from an accredited institution of higher learning; (ii) been employed for a period of at least 5 years in an area requiring application of the individual's education; (iii) passed the tests of basic skills and subject matter knowledge required by Section 21-1a of the School Code; and (iv) demonstrate continuing evidence of professional growth which shall include, but not be limited to, successful teaching experience, attendance at professional meetings, membership in professional organizations, additional credits earned at institutions of higher learning, travel specifically for educational purposes, and reading of professional books and periodicals. Charter schools employing individuals without certification in instructional positions shall provide such mentoring, training, and staff development for those individuals as the charter schools determine necessary for satisfactory performance in the classroom. Beginning with the 2006-2007 school year, at least 50% of the individuals employed in instructional positions by a charter school that is operating in a city having a population exceeding 500,000 and that is established on or after the effective date of this amendatory Act of the 92nd General Assembly shall hold teaching certificates issued under Article 21 of this Code. Beginning with the 2006-2007 school year, at least 75% of the individuals employed in instructional positions by a charter school that is operating in a city having a population exceeding 500,000 and that is established before the effective date of this amendatory Act of the 92nd General Assembly shall hold teaching certificates issued under Article 21 of this Code. Charter schools operating in a city having a population exceeding 500,000 are exempt from any annual cap on new participants in an alternative certification program. The second and third phases of the alternative certification program may be conducted and completed at the charter school, and the alternative teaching certificate is valid for 4 years or the length of the charter (or any extension of the charter), whichever is longer. Notwithstanding any other provisions of the School Code, charter schools may employ non-certificated staff in all other positions. (d) A teacher at a charter school may resign his or her position only if the teacher gives notice of resignation to the charter school's
[November 20, 2002] 36 governing body at least 60 days before the end of the school term, and the resignation must take effect immediately upon the end of the school term. (Source: P.A. 89-450, eff. 4-10-96.) (105 ILCS 5/34-3.5 new) Sec. 34-3.5. Partnership agreement on advancing student achievement; No Child Left Behind Act of 2001. (a) The General Assembly finds that the Chicago Teachers Union, the Chicago Board of Education, and the district's chief executive officer have a common responsibility beyond their statutory collective bargaining relationship to institute purposeful education reforms in the Chicago Public Schools that maximize the number of students in the Chicago Public Schools who reach or exceed proficiency with regard to State academic standards and assessments. The General Assembly further finds that education reform in the Chicago Public Schools must be premised on a commitment by all stakeholders to redefine relationships, develop, implement, and evaluate programs, seek new and additional resources, improve the value of educational programs to students, accelerate the quality of teacher training, improve instructional excellence, and develop and implement strategies to comply with the federal No Child Left Behind Act of 2001 (Public Law 107-110). The Chicago Board of Education and the district's chief executive officer shall enter into a partnership agreement with the Chicago Teachers Union to allow the parties to work together to advance the Chicago Public Schools to the next level of education reform. This agreement must be entered into and take effect within 90 days after the effective date of this amendatory Act of the 92nd General Assembly. As part of this agreement, the Chicago Teachers Union, the Chicago Board of Education, and the district's chief executive officer shall jointly file a report with the General Assembly at the end of each school year with respect to the nature of the reforms that the parties have instituted, the effect of these reforms on student achievement, and any other matters that the parties deem relevant to evaluating the effectiveness of the agreement. (b) Decisions concerning matters of inherent managerial policy necessary to comply with the federal No Child Left Behind Act of 2001 (Public Law 107-110), including such areas of discretion or policy as the functions of the employer, the standards and delivery of educational services and programs, the district's overall budget, the district's organizational structure, student assignment, school choice, and the selection of new employees and direction of employees, and the impact of these decisions on individual employees or the bargaining unit shall be permissive subjects of bargaining between the educational employer and the exclusive bargaining representative and are within the sole discretion of the educational employer to decide to bargain, notwithstanding any other provision of this Code or any provision of Section 4.5 of the Illinois Educational Labor Relations Act to the contrary (provided that any dispute or impasse that may arise under this subsection (b) shall be resolved exclusively as set forth in subsection (b) of Section 12 of the Illinois Educational Labor Relations Act in lieu of a strike under Section 13 of the Illinois Educational Labor Relations Act). (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1) Sec. 34-8.1. Principals. Principals shall be employed to supervise the operation of each attendance center. Their powers and duties shall include but not be limited to the authority (i) to direct, supervise, evaluate, and suspend with or without pay or otherwise discipline all teachers, assistant principals, and other employees assigned to the attendance center in accordance with board rules and policies and (ii) to direct all other persons assigned to the attendance center pursuant to a contract with a third party to provide services to the school system. The right to employ, discharge, and layoff shall be vested solely with the board, provided that decisions to discharge or suspend non-certified employees, including disciplinary layoffs, and the termination of certified employees from employment pursuant to a layoff or reassignment policy is subject to review under a grievance
37 [November 20, 2002] resolution procedure adopted pursuant to subsection (c) of Section 10 of the Illinois Educational Labor Relations Act. The grievance resolution procedure, if adopted by the board, shall provide for final and binding arbitration, and, notwithstanding any other provision of law to the contrary, the arbitrator's decision may include all make-whole relief, including without limitation reinstatement. The principal shall fill positions by appointment as provided in this Section and may make recommendations to the board regarding the employment, discharge, or layoff of any individual. The authority of the principal shall include the authority to direct the hours during which the attendance center shall be open and available for use provided the use complies with board rules and policies, to determine when and what operations shall be conducted within those hours, and to schedule staff within those hours. Under the direction of, and subject to the authority of the principal, the Engineer In Charge shall be accountable for the safe, economical operation of the plant and grounds and shall also be responsible for orientation, training, and supervising the work of Engineers, Trainees, school maintenance assistants, custodial workers and other plant operation employees under his or her direction. There shall be established by the board a system of semi-annual evaluations conducted by the principal as to performance of the engineer in charge. Nothing in this Section shall prevent the principal from conducting additional evaluations. An overall numerical rating shall be given by the principal based on the evaluation conducted by the principal. An unsatisfactory numerical rating shall result in disciplinary action, which may include, without limitation and in the judgment of the principal, loss of promotion or bidding procedure, reprimand, suspension with or without pay, or recommended dismissal. The board shall establish procedures for conducting the evaluation and reporting the results to the engineer in charge. Under the direction of, and subject to the authority of, the principal, the Food Service Manager is responsible at all times for the proper operation and maintenance of the lunch room to which he is assigned and shall also be responsible for the orientation, training, and supervising the work of cooks, bakers, porters, and lunchroom attendants under his or her direction. There shall be established by the Board a system of semi-annual evaluations conducted by the principal as to the performance of the food service manager. Nothing in this Section shall prevent the principal from conducting additional evaluations. An overall numerical rating shall be given by the principal based on the evaluation conducted by the principal. An unsatisfactory numerical rating shall result in disciplinary action which may include, without limitation and in the judgment of the principal, loss of promotion or bidding procedure, reprimand, suspension with or without pay, or recommended dismissal. The board shall establish rules for conducting the evaluation and reporting the results to the food service manager. Nothing in this Section shall be interpreted to require the employment or assignment of an Engineer-In-Charge or a Food Service Manager for each attendance center. Principals shall be employed to supervise the educational operation of each attendance center. If a principal is absent due to extended illness or leave or absence, an assistant principal may be assigned as acting principal for a period not to exceed 100 school days. Each principal shall assume administrative responsibility and instructional leadership, in accordance with reasonable rules and regulations of the board, for the planning, operation and evaluation of the educational program of the attendance center to which he is assigned. The principal shall submit recommendations to the general superintendent concerning the appointment, dismissal, retention, promotion, and assignment of all personnel assigned to the attendance center; provided, that from and after September 1, 1989: (i) if any vacancy occurs in a position at the attendance center or if an additional or new position is created at the attendance center, that position shall be filled by appointment made by
[November 20, 2002] 38 the principal in accordance with procedures established and provided by the Board whenever the majority of the duties included in that position are to be performed at the attendance center which is under the principal's supervision, and each such appointment so made by the principal shall be made and based upon merit and ability to perform in that position without regard to seniority or length of service, provided, that such appointments shall be subject to the Board's desegregation obligations, including but not limited to the Consent Decree and Desegregation Plan in U.S. v. Chicago Board of Education; (ii) the principal shall submit recommendations based upon merit and ability to perform in the particular position, without regard to seniority or length of service, to the general superintendent concerning the appointment of any teacher, teacher aide, counselor, clerk, hall guard, security guard and any other personnel which is to be made by the general superintendent whenever less than a majority of the duties of that teacher, teacher aide, counselor, clerk, hall guard, and security guard and any other personnel are to be performed at the attendance center which is under the principal's supervision; and (iii) subject to law and the applicable collective bargaining agreements, the authority and responsibilities of a principal with respect to the evaluation of all teachers and other personnel assigned to an attendance center shall commence immediately upon his or her appointment as principal of the attendance center, without regard to the length of time that he or she has been the principal of that attendance center. Notwithstanding the existence of any other law of this State, nothing in this Act shall prevent the board from entering into a contract with a third party for services currently performed by any employee or bargaining unit member. Notwithstanding any other provision of this Article, each principal may approve contracts, binding on the board, in the amount of no more than $10,000, if the contract is endorsed by the Local School Council. Unless otherwise prohibited by law or by rule of the board, the principal shall provide to local school council members copies of all internal audits and any other pertinent information generated by any audits or reviews of the programs and operation of the attendance center. Each principal shall hold a valid administrative certificate issued or exchanged in accordance with Article 21 and endorsed as required by that Article for the position of principal. The board may establish or impose academic, educational, examination, and experience requirements and criteria that are in addition to those established and required by Article 21 for issuance of a valid certificate endorsed for the position of principal as a condition of the nomination, selection, appointment, employment, or continued employment of a person as principal of any attendance center, or as a condition of the renewal of any principal's performance contract. The board shall specify in its formal job description for principals, and from and after July 1, 1990 shall specify in the 4 year performance contracts for use with respect to all principals, that his or her primary responsibility is in the improvement of instruction. A majority of the time spent by a principal shall be spent on curriculum and staff development through both formal and informal activities, establishing clear lines of communication regarding school goals, accomplishments, practices and policies with parents and teachers. The principal, with the assistance of the local school council, shall develop a school improvement plan as provided in Section 34-2.4 and, upon approval of the plan by the local school council, shall be responsible for directing implementation of the plan. The principal, with the assistance of the Professional Personnel Advisory Committee, shall develop the specific methods and contents of the school's curriculum within the board's system-wide curriculum standards and objectives and the requirements of the school improvement plan. The board shall ensure that all principals are evaluated on their instructional leadership ability and their ability to maintain a positive education and learning climate. It shall also be the
39 [November 20, 2002] responsibility of the principal to utilize resources of proper law enforcement agencies when the safety and welfare of students and teachers are threatened by illegal use of drugs and alcohol, by illegal use or possession of weapons, or by illegal gang activity. On or before October 1, 1989, the Board of Education, in consultation with any professional organization representing principals in the district, shall promulgate rules and implement a lottery for the purpose of determining whether a principal's existing performance contract (including the performance contract applicable to any principal's position in which a vacancy then exists) expires on June 30, 1990 or on June 30, 1991, and whether the ensuing 4 year performance contract begins on July 1, 1990 or July 1, 1991. The Board of Education shall establish and conduct the lottery in such manner that of all the performance contracts of principals (including the performance contracts applicable to all principal positions in which a vacancy then exists), 50% of such contracts shall expire on June 30, 1990, and 50% shall expire on June 30, 1991. All persons serving as principal on May 1, 1989, and all persons appointed as principal after May 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than as provided by Section 34-2.3, shall be deemed by operation of law to be serving under a performance contract which expires on June 30, 1990 or June 30, 1991; and unless such performance contract of any such principal is renewed (or such person is again appointed to serve as principal) in the manner provided by Section 34-2.2 or 34-2.3, the employment of such person as principal shall terminate on June 30, 1990 or June 30, 1991. Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the principal of each attendance center shall be the person selected in the manner provided by Section 34-2.3 to serve as principal of that attendance center under a 4 year performance contract. All performance contracts of principals expiring after July 1, 1990, or July 1, 1991, shall commence on the date specified in the contract, and the renewal of their performance contracts and the appointment of principals when their performance contracts are not renewed shall be governed by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the office of a principal occurs for any reason, the vacancy shall be filled by the selection of a new principal to serve under a 4 year performance contract in the manner provided by Section 34-2.3. The board of education shall develop and prepare, in consultation with the organization representing principals, a performance contract for use at all attendance centers, and shall furnish the same to each local school council. The term of the performance contract shall be 4 years, unless the principal is retained by the decision of a hearing officer pursuant to subdivision 1.5 of Section 34-2.3, in which case the contract shall be extended for 2 years. The performance contract of each principal shall consist of the uniform performance contract, as developed or from time to time modified by the board, and such additional criteria as are established by a local school council pursuant to Section 34-2.3 for the performance contract of its principal. During the term of his or her performance contract, a principal may be removed only as provided for in the performance contract except for cause. He or she shall also be obliged to follow the rules of the board of education concerning conduct and efficiency. In the event the performance contract of a principal is not renewed or a principal is not reappointed as principal under a new performance contract, or in the event a principal is appointed to any position of superintendent or higher position, or voluntarily resigns his position of principal, his or her employment as a principal shall terminate and such former principal shall not be reinstated to the position from which he or she was promoted to principal, except that he or she, if otherwise qualified and certified in accordance with Article 21, shall be placed by the board on appropriate eligibility lists which it prepares for use in the filling of vacant or additional or newly created positions for teachers. The principal's total years of service to the board as both a teacher and a principal, or in other
[November 20, 2002] 40 professional capacities, shall be used in calculating years of experience for purposes of being selected as a teacher into new, additional or vacant positions. In the event the performance contract of a principal is not renewed or a principal is not reappointed as principal under a new performance contract, such principal shall be eligible to continue to receive his or her previously provided level of health insurance benefits for a period of 90 days following the non-renewal of the contract at no expense to the principal, provided that such principal has not retired. (Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.) (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) Sec. 34-18. Powers of the board. The board shall exercise general supervision and jurisdiction over the public education and the public school system of the city, and, except as otherwise provided by this Article, shall have power: 1. To make suitable provision for the establishment and maintenance throughout the year or for such portion thereof as it may direct, not less than 9 months, of schools of all grades and kinds, including normal schools, high schools, night schools, schools for defectives and delinquents, parental and truant schools, schools for the blind, the deaf and the crippled, schools or classes in manual training, constructural and vocational teaching, domestic arts and physical culture, vocation and extension schools and lecture courses, and all other educational courses and facilities, including establishing, equipping, maintaining and operating playgrounds and recreational programs, when such programs are conducted in, adjacent to, or connected with any public school under the general supervision and jurisdiction of the board; provided, however, that in allocating funds from year to year for the operation of all attendance centers within the district, the board shall ensure that supplemental general State aid funds are allocated and applied in accordance with Section 18-8 or 18-8.05. To admit to such schools without charge foreign exchange students who are participants in an organized exchange student program which is authorized by the board. The board shall permit all students to enroll in apprenticeship programs in trade schools operated by the board, whether those programs are union-sponsored or not. No student shall be refused admission into or be excluded from any course of instruction offered in the common schools by reason of that student's sex. No student shall be denied equal access to physical education and interscholastic athletic programs supported from school district funds or denied participation in comparable physical education and athletic programs solely by reason of the student's sex. Equal access to programs supported from school district funds and comparable programs will be defined in rules promulgated by the State Board of Education in consultation with the Illinois High School Association. Notwithstanding any other provision of this Article, neither the board of education nor any local school council or other school official shall recommend that children with disabilities be placed into regular education classrooms unless those children with disabilities are provided with supplementary services to assist them so that they benefit from the regular classroom instruction and are included on the teacher's regular education class register; 2. To furnish lunches to pupils, to make a reasonable charge therefor, and to use school funds for the payment of such expenses as the board may determine are necessary in conducting the school lunch program; 3. To co-operate with the circuit court; 4. To make arrangements with the public or quasi-public libraries and museums for the use of their facilities by teachers and pupils of the public schools; 5. To employ dentists and prescribe their duties for the purpose of treating the pupils in the schools, but accepting such treatment shall be optional with parents or guardians;
41 [November 20, 2002] 6. To grant the use of assembly halls and classrooms when not otherwise needed, including light, heat, and attendants, for free public lectures, concerts, and other educational and social interests, free of charge, under such provisions and control as the principal of the affected attendance center may prescribe; 7. To apportion the pupils to the several schools; provided that no pupil shall be excluded from or segregated in any such school on account of his color, race, sex, or nationality. The board shall take into consideration the prevention of segregation and the elimination of separation of children in public schools because of color, race, sex, or nationality. Except that children may be committed to or attend parental and social adjustment schools established and maintained either for boys or girls only. All records pertaining to the creation, alteration or revision of attendance areas shall be open to the public. Nothing herein shall limit the board's authority to establish multi-area attendance centers or other student assignment systems for desegregation purposes or otherwise, and to apportion the pupils to the several schools. Furthermore, beginning in school year 1994-95, pursuant to a board plan adopted by October 1, 1993, the board shall offer, commencing on a phased-in basis, the opportunity for families within the school district to apply for enrollment of their children in any attendance center within the school district which does not have selective admission requirements approved by the board. The appropriate geographical area in which such open enrollment may be exercised shall be determined by the board of education. Such children may be admitted to any such attendance center on a space available basis after all children residing within such attendance center's area have been accommodated. If the number of applicants from outside the attendance area exceed the space available, then successful applicants shall be selected by lottery. The board of education's open enrollment plan must include provisions that allow low income students to have access to transportation needed to exercise school choice. Open enrollment shall be in compliance with the provisions of the Consent Decree and Desegregation Plan cited in Section 34-1.01; 8. To approve programs and policies for providing transportation services to students. Nothing herein shall be construed to permit or empower the State Board of Education to order, mandate, or require busing or other transportation of pupils for the purpose of achieving racial balance in any school; 9. Subject to the limitations in this Article, to establish and approve system-wide curriculum objectives and standards, including graduation standards, which reflect the multi-cultural diversity in the city and are consistent with State law, provided that for all purposes of this Article courses or proficiency in American Sign Language shall be deemed to constitute courses or proficiency in a foreign language; and to employ principals and teachers, appointed as provided in this Article, and fix their compensation. The board shall prepare such reports related to minimal competency testing as may be requested by the State Board of Education, and in addition shall monitor and approve special education and bilingual education programs and policies within the district to assure that appropriate services are provided in accordance with applicable State and federal laws to children requiring services and education in those areas; 10. To employ non-teaching personnel or utilize volunteer personnel for: (i) non-teaching duties not requiring instructional judgment or evaluation of pupils, including library duties; and (ii) supervising study halls, long distance teaching reception areas used incident to instructional programs transmitted by electronic media such as computers, video, and audio, detention and discipline areas, and school-sponsored extracurricular activities. The board may further utilize volunteer non-certificated personnel or employ non-certificated personnel to assist in the instruction of pupils under the immediate supervision of a teacher holding a
[November 20, 2002] 42 valid certificate, directly engaged in teaching subject matter or conducting activities; provided that the teacher shall be continuously aware of the non-certificated persons' activities and shall be able to control or modify them. The general superintendent shall determine qualifications of such personnel and shall prescribe rules for determining the duties and activities to be assigned to such personnel; 10.5. To utilize volunteer personnel from a regional School Crisis Assistance Team (S.C.A.T.), created as part of the Safe to Learn Program established pursuant to Section 25 of the Illinois Violence Prevention Act of 1995, to provide assistance to schools in times of violence or other traumatic incidents within a school community by providing crisis intervention services to lessen the effects of emotional trauma on individuals and the community; the School Crisis Assistance Team Steering Committee shall determine the qualifications for volunteers; 11. To provide television studio facilities in not to exceed one school building and to provide programs for educational purposes, provided, however, that the board shall not construct, acquire, operate, or maintain a television transmitter; to grant the use of its studio facilities to a licensed television station located in the school district; and to maintain and operate not to exceed one school radio transmitting station and provide programs for educational purposes; 12. To offer, if deemed appropriate, outdoor education courses, including field trips within the State of Illinois, or adjacent states, and to use school educational funds for the expense of the said outdoor educational programs, whether within the school district or not; 13. During that period of the calendar year not embraced within the regular school term, to provide and conduct courses in subject matters normally embraced in the program of the schools during the regular school term and to give regular school credit for satisfactory completion by the student of such courses as may be approved for credit by the State Board of Education; 14. To insure against any loss or liability of the board, the former School Board Nominating Commission, Local School Councils, the Chicago Schools Academic Accountability Council, or the former Subdistrict Councils or of any member, officer, agent or employee thereof, resulting from alleged violations of civil rights arising from incidents occurring on or after September 5, 1967 or from the wrongful or negligent act or omission of any such person whether occurring within or without the school premises, provided the officer, agent or employee was, at the time of the alleged violation of civil rights or wrongful act or omission, acting within the scope of his employment or under direction of the board, the former School Board Nominating Commission, the Chicago Schools Academic Accountability Council, Local School Councils, or the former Subdistrict Councils; and to provide for or participate in insurance plans for its officers and employees, including but not limited to retirement annuities, medical, surgical and hospitalization benefits in such types and amounts as may be determined by the board; provided, however, that the board shall contract for such insurance only with an insurance company authorized to do business in this State. Such insurance may include provision for employees who rely on treatment by prayer or spiritual means alone for healing, in accordance with the tenets and practice of a recognized religious denomination; 15. To contract with the corporate authorities of any municipality or the county board of any county, as the case may be, to provide for the regulation of traffic in parking areas of property used for school purposes, in such manner as is provided by Section 11-209 of The Illinois Vehicle Code, approved September 29, 1969, as amended; 16. (a) To provide, on an equal basis, access to a high school campus and student directory information to the official
43 [November 20, 2002] recruiting representatives of the armed forces of Illinois and the United States for the purposes of informing students of the educational and career opportunities available in the military if the board has provided such access to persons or groups whose purpose is to acquaint students with educational or occupational opportunities available to them. The board is not required to give greater notice regarding the right of access to recruiting representatives than is given to other persons and groups. In this paragraph 16, "directory information" means a high school student's name, address, and telephone number. (b) If a student or his or her parent or guardian submits a signed, written request to the high school before the end of the student's sophomore year (or if the student is a transfer student, by another time set by the high school) that indicates that the student or his or her parent or guardian does not want the student's directory information to be provided to official recruiting representatives under subsection (a) of this Section, the high school may not provide access to the student's directory information to these recruiting representatives. The high school shall notify its students and their parents or guardians of the provisions of this subsection (b). (c) A high school may require official recruiting representatives of the armed forces of Illinois and the United States to pay a fee for copying and mailing a student's directory information in an amount that is not more than the actual costs incurred by the high school. (d) Information received by an official recruiting representative under this Section may be used only to provide information to students concerning educational and career opportunities available in the military and may not be released to a person who is not involved in recruiting students for the armed forces of Illinois or the United States; 17. (a) To sell or market any computer program developed by an employee of the school district, provided that such employee developed the computer program as a direct result of his or her duties with the school district or through the utilization of the school district resources or facilities. The employee who developed the computer program shall be entitled to share in the proceeds of such sale or marketing of the computer program. The distribution of such proceeds between the employee and the school district shall be as agreed upon by the employee and the school district, except that neither the employee nor the school district may receive more than 90% of such proceeds. The negotiation for an employee who is represented by an exclusive bargaining representative may be conducted by such bargaining representative at the employee's request. (b) For the purpose of this paragraph 17: (1) "Computer" means an internally programmed, general purpose digital device capable of automatically accepting data, processing data and supplying the results of the operation. (2) "Computer program" means a series of coded instructions or statements in a form acceptable to a computer, which causes the computer to process data in order to achieve a certain result. (3) "Proceeds" means profits derived from marketing or sale of a product after deducting the expenses of developing and marketing such product; 18. To delegate to the general superintendent of schools, by resolution, the authority to approve contracts and expenditures in amounts of $10,000 or less; 19. Upon the written request of an employee, to withhold from the compensation of that employee any dues, payments or contributions payable by such employee to any labor organization as defined in the Illinois Educational Labor Relations Act. Under such arrangement, an amount shall be withheld from each regular
[November 20, 2002] 44 payroll period which is equal to the pro rata share of the annual dues plus any payments or contributions, and the board shall transmit such withholdings to the specified labor organization within 10 working days from the time of the withholding; 19a. Upon receipt of notice from the comptroller of a municipality with a population of 500,000 or more, a county with a population of 3,000,000 or more, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or a housing authority of a municipality with a population of 500,000 or more that a debt is due and owing the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority by an employee of the Chicago Board of Education, to withhold, from the compensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority; provided, however, that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. Before the Board deducts any amount from any salary or wage of an employee under this paragraph, the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority shall certify that (i) the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order. For purposes of this paragraph, "net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted and "debt due and owing" means (i) a specified sum of money owed to the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review; 20. The board is encouraged to employ a sufficient number of certified school counselors to maintain a student/counselor ratio of 250 to 1 by July 1, 1990. Each counselor shall spend at least 75% of his work time in direct contact with students and shall maintain a record of such time; 21. To make available to students vocational and career counseling and to establish 5 special career counseling days for students and parents. On these days representatives of local businesses and industries shall be invited to the school campus and shall inform students of career opportunities available to them in the various businesses and industries. Special consideration shall be given to counseling minority students as to career opportunities available to them in various fields. For the purposes of this paragraph, minority student means a person who is: (a) Black (a person having origins in any of the black racial groups in Africa); (b) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the
45 [November 20, 2002] Caribbean islands, regardless of race); (c) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or (d) American Indian or Alaskan Native (a person having origins in any of the original peoples of North America). Counseling days shall not be in lieu of regular school days; 22. To report to the State Board of Education the annual student dropout rate and number of students who graduate from, transfer from or otherwise leave bilingual programs; 23. Except as otherwise provided in the Abused and Neglected Child Reporting Act or other applicable State or federal law, to permit school officials to withhold, from any person, information on the whereabouts of any child removed from school premises when the child has been taken into protective custody as a victim of suspected child abuse. School officials shall direct such person to the Department of Children and Family Services, or to the local law enforcement agency if appropriate; 24. To develop a policy, based on the current state of existing school facilities, projected enrollment and efficient utilization of available resources, for capital improvement of schools and school buildings within the district, addressing in that policy both the relative priority for major repairs, renovations and additions to school facilities, and the advisability or necessity of building new school facilities or closing existing schools to meet current or projected demographic patterns within the district; 25. To make available to the students in every high school attendance center the ability to take all courses necessary to comply with the Board of Higher Education's college entrance criteria effective in 1993; 26. To encourage mid-career changes into the teaching profession, whereby qualified professionals become certified teachers, by allowing credit for professional employment in related fields when determining point of entry on teacher pay scale; 27. To provide or contract out training programs for administrative personnel and principals with revised or expanded duties pursuant to this Act in order to assure they have the knowledge and skills to perform their duties; 28. To establish a fund for the prioritized special needs programs, and to allocate such funds and other lump sum amounts to each attendance center in a manner consistent with the provisions of part 4 of Section 34-2.3. Nothing in this paragraph shall be construed to require any additional appropriations of State funds for this purpose; 29. (Blank); 30. Notwithstanding any other provision of this Act or any other law to the contrary, to contract with third parties for services otherwise performed by employees, including those in a bargaining unit, and to layoff those employees upon 14 days written notice to the affected employees. Those contracts may be for a period not to exceed 5 years and may be awarded on a system-wide basis; 31. To promulgate rules establishing procedures governing the layoff or reduction in force of employees and the recall of such employees, including, but not limited to, criteria for such layoffs, reductions in force or recall rights of such employees and the weight to be given to any particular criterion. Such criteria shall take into account factors including, but not be limited to, qualifications, certifications, experience, performance ratings or evaluations, and any other factors relating to an employee's job performance; and 32. To develop a policy to prevent nepotism in the hiring of personnel or the selection of contractors;. 33. To enter into a partnership agreement, as required by Section 34-3.5 of this Code, and, notwithstanding any other
[November 20, 2002] 46 provision of law to the contrary, to promulgate policies, enter into contracts, and take any other action necessary to accomplish the objectives and implement the requirements of that agreement; and 34. To establish a Labor Management Council to the board comprised of representatives of the board, the chief executive officer, and those labor organizations that are the exclusive representatives of employees of the board and to promulgate policies and procedures for the operation of the Council. The specifications of the powers herein granted are not to be construed as exclusive but the board shall also exercise all other powers that they may be requisite or proper for the maintenance and the development of a public school system, not inconsistent with the other provisions of this Article or provisions of this Code which apply to all school districts. In addition to the powers herein granted and authorized to be exercised by the board, it shall be the duty of the board to review or to direct independent reviews of special education expenditures and services. The board shall file a report of such review with the General Assembly on or before May 1, 1990. (Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02; 92-724, eff. 7-25-02; revised 9-24-02.) Section 10. The Illinois Educational Labor Relations Act is amended by changing Sections 4.5 and 12 as follows: (115 ILCS 5/4.5) Sec. 4.5. Prohibited Subjects of collective bargaining. (a) Notwithstanding the existence of any other provision in this Act or other law, collective bargaining between an educational employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000 and an exclusive representative of its employees may shall not include any of the following subjects: (1) (Blank). Decisions to grant or deny a charter school proposal under Section 27A-8 of the Charter Schools Law, to renew or revoke a charter under Section 27A-9 of the Charter Schools Law, or to grant or deny a leave of absence to an employee of a school district to become an employee of a charter school, and the impact of these decisions on individual employees or the bargaining unit. (2) Decisions to contract with a third party for one or more services otherwise performed by employees in a bargaining unit and, the procedures for obtaining such contract or the identity of the third party, and the impact of these decisions on individual employees or the bargaining unit. (3) Decisions to layoff or reduce in force employees (including but not limited to reserve teachers or teachers who are no longer on an administrative payroll) due to lack of work or funds, including but not limited to decline in student enrollment, change in subject requirements within the attendance center organization, closing of an attendance center, or contracts with third parties for the performance of services, and the impact of these decisions on individual employees or the bargaining unit. (4) Decisions to determine class size, class staffing and assignment, class schedules, academic calendar, hours and places of instruction, or pupil assessment policies, and the impact of these decisions on individual employees or the bargaining unit. (5) Decisions concerning use and staffing of experimental or pilot programs and, decisions concerning use of technology to deliver educational programs and services and staffing to provide the technology, and the impact of these decisions on individual employees or the bargaining unit. (b) The subject or matters described in subsection (a) are permissive prohibited subjects of bargaining between an educational employer and an exclusive representative of its employees and, for the purpose of this Act, are within the sole discretion authority of the educational employer to decide to bargain, provided that the educational employer is required to bargain over the impact of a
47 [November 20, 2002] decision concerning such subject or matter on the bargaining unit upon request by the exclusive representative. During this bargaining, the educational employer shall not be precluded from implementing its decision. If, after a reasonable period of bargaining, a dispute or impasse exists between the educational employer and the exclusive representative, the dispute or impasse shall be resolved exclusively as set forth in subsection (b) of Section 12 of this Act in lieu of a strike under Section 13 of this Act. (c) A provision in a collective bargaining agreement that was rendered null and void because it involved a prohibited subject of collective bargaining under this subsection (c) as this subsection (c) existed before the effective date of this amendatory Act of the 92nd General Assembly remains null and void and shall not otherwise be reinstated in any successor agreement unless the educational employer and exclusive representative otherwise agree to include an agreement reached on a subject or matter described in subsection (a) of this Section as subsection (a) existed before this amendatory Act of the 92nd General Assembly. This Section shall apply to collective bargaining agreements that become effective after the effective date of this amendatory Act of 1995 and shall render a provision involving a prohibited subject in such agreement null and void. (Source: P.A. 89-15, eff. 5-30-95.) (115 ILCS 5/12) (from Ch. 48, par. 1712) Sec. 12. Impasse procedures. (a) If the parties engaged in collective bargaining have not reached an agreement by 90 days before the scheduled start of the forthcoming school year, the parties shall notify the Illinois Educational Labor Relations Board concerning the status of negotiations. Upon demand of either party, collective bargaining between the employer and an exclusive bargaining representative must begin within 60 days of the date of certification of the representative by the Board, or in the case of an existing exclusive bargaining representative, within 60 days of the receipt by a party of a demand to bargain issued by the other party. Once commenced, collective bargaining must continue for at least a 60 day period, unless a contract is entered into. Except as otherwise provided in subsection (b) of this Section, if after a reasonable period of negotiation and within 45 days of the scheduled start of the forth-coming school year, the parties engaged in collective bargaining have reached an impasse, either party may petition the Board to initiate mediation. Alternatively, the Board on its own motion may initiate mediation during this period. However, mediation shall be initiated by the Board at any time when jointly requested by the parties and the services of the mediators shall continuously be made available to the employer and to the exclusive bargaining representative for purposes of arbitration of grievances and mediation or arbitration of contract disputes. If requested by the parties, the mediator may perform fact-finding and in so doing conduct hearings and make written findings and recommendations for resolution of the dispute. Such mediation shall be provided by the Board and shall be held before qualified impartial individuals. Nothing prohibits the use of other individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association selected by both the exclusive bargaining representative and the employer. If the parties engaged in collective bargaining fail to reach an agreement within 15 days of the scheduled start of the forthcoming school year and have not requested mediation, the Illinois Educational Labor Relations Board shall invoke mediation. Whenever mediation is initiated or invoked under this subsection (a) Section, the parties may stipulate to defer selection of a mediator in accordance with rules adopted by the Board. (b) If, after a reasonable period of bargaining of at least 60 days, a dispute or impasse exists between an employer whose territorial boundaries are coterminous with those of a city having a population in
[November 20, 2002] 48 excess of 500,000 and the exclusive bargaining representative over a subject or matter set forth in Section 4.5 of this Act, the parties shall submit the dispute or impasse to the dispute resolution procedure agreed to between the parties. The procedure shall provide for mediation of disputes by a rotating mediation panel and may, at the request of either party, include the issuance of advisory findings of fact and recommendations. (c) The costs of fact finding and mediation shall be shared equally between the employer and the exclusive bargaining agent, provided that, for purposes of mediation under this Act, if either party requests the use of mediation services from the Federal Mediation and Conciliation Service, the other party shall either join in such request or bear the additional cost of mediation services from another source. (d) Nothing in this Act prevents an employer and an exclusive bargaining representative from mutually submitting to final and binding impartial arbitration unresolved issues concerning the terms of a new collective bargaining agreement. (Source: P.A. 86-412.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. Representative McKeon offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 1240 AMENDMENT NO. 3. Amend Senate Bill 1240, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, as follows: on page 5, line 33, by replacing "operating" with "that is established on or after the effective date of this amendatory Act of the 92nd General Assembly and that operates"; and on page 6, by replacing lines 4 through 7 with the following: "the end of the 2004-2005 school year."; and on page 12, by replacing lines 5 through 7 with the following: "educational employer to decide to bargain. This subsection (b) is exclusive of the parties' obligations and responsibilities under Section 4.5 of the Illinois Educational Labor Relations Act"; and on page 12, line 8, by deleting "contrary"; and on page 12, line 28, by replacing "is" with "are"; and on page 12, line 29, by replacing "under a" with "under the"; and on page 12, line 32, by replacing ", if adopted by the board," with "adopted by the board"; and on page 37, line 26, by deleting "reasonable". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 980. Having been printed, was taken up and read by title a second time. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 980 AMENDMENT NO. 1. Amend Senate Bill 980 by replacing the title with
49 [November 20, 2002] the following: "AN ACT concerning the Metropolitan Water Reclamation District."; and by replacing everything after the enacting clause with: "Section 5. The Metropolitan Water Reclamation District Act is amended by changing Section 4 as follows: (70 ILCS 2605/4) (from Ch. 42, par. 323) Sec. 4. The commissioners elected under this Act constitute a board of commissioners for the district by which they are elected, which board of commissioners is the corporate authority of the sanitary district, and, in addition to all other powers specified in this Act, shall establish the policies and goals of the sanitary district. The general superintendent, in addition to all other powers specified in this Act, shall manage and control all the affairs and property of the sanitary district and shall regularly report to the Board of Commissioners on the activities of the sanitary district in executing the policies and goals established by the board. At the regularly scheduled meeting of odd numbered years following the induction of new commissioners the board of commissioners shall elect from its own number a president and a vice-president to serve in the absence of the president, and the chairman of the committee on finance. The board shall provide by rule when a vacancy occurs in the office of the president, vice-president, or the chairman of the committee on finance and the manner of filling such vacancy. The board shall appoint from outside its own number the general superintendent and treasurer for the district. The general superintendent must be a resident of the sanitary district and a citizen of the United States. He must be selected solely upon his administrative and technical qualifications and without regard to his political affiliations. In the event of illness or other prolonged absence, death or resignation creating a vacancy in the office of the general superintendent, or treasurer, the board of commissioners may appoint an acting officer from outside its own number, to perform the duties and responsibilities of the office during the term of the absence or vacancy. The general superintendent with the advice and consent of the board of commissioners, shall appoint the chief engineer, chief of maintenance and operations, director of personnel, purchasing agent, clerk, attorney, director of research and development, and director of information technology. These constitute the heads of the Department of Engineering, Maintenance and Operations, Personnel, Purchasing, Finance, Law, Research and Development, and Information Technology, respectively. No other departments or heads of departments may be created without subsequent amendment to this Act. All such department heads are under the direct supervision of the general superintendent. The director of personnel must be qualified under Section 4.2a of this Act. The purchasing agent must be selected in accordance with Section 11.16 of this Act. In the event of illness or other prolonged absence, death or resignation creating a vacancy in the office of chief engineer, chief of maintenance and operations, director of personnel, purchasing agent, clerk, attorney, director of research and development, or director of information technology, the general superintendent shall appoint an acting officer to perform the duties and responsibilities of the office during the term of the absence or vacancy. Any such officers appointed in an acting capacity are under the direct supervision of the general superintendent. All appointive officers and acting officers shall give bond as may be required by the board. The general superintendent, treasurer, acting general superintendent and acting treasurer hold their offices at the pleasure of the board of commissioners. The acting chief engineer, acting chief of maintenance and operations, acting purchasing agent, acting director of personnel,
[November 20, 2002] 50 acting clerk, acting attorney, acting director of research and development, and acting director of information technology hold their offices at the pleasure of the general superintendent. The chief engineer, chief of maintenance and operations, director of personnel, purchasing agent, clerk, attorney, director of research and development, and director of information technology may be removed from office for cause by the general superintendent. Prior to removal, such officers are entitled to a public hearing before the general superintendent at which hearing they may be represented by counsel. Before the hearing, the general superintendent shall notify the board of commissioners of the date, time, place and nature of the hearing. In addition to the attorney appointed by the general superintendent, the board of commissioners may appoint from outside its own number an attorney, or retain counsel, to advise the board of commissioners with respect to its powers and duties and with respect to legal questions and matters of policy for which the board of commissioners is responsible. The general superintendent is the chief administrative officer of the district, has supervision over and is responsible for all administrative and operational matters of the sanitary district including the duties of all employees which are not otherwise designated by law, and is the appointing authority as specified in Section 4.11 of this Act. The board, through the budget process, shall fix the compensation of all the officers and employees of the sanitary district. Any incumbent of the office of president may appoint an administrative aide which appointment remains in force during his incumbency unless revoked by the president. Effective upon the election in January, 1985 of the president and vice-president of the board of commissioners and the chairman of the committee on finance, the annual salary of the president shall be $37,500 and shall be increased to $39,500 in January, 1987, $41,500 in January, 1989, $50,000 in January, 1991, and $60,000 in January, 2001, and $63,000 in January, 2003; the annual salary of the vice-president shall be $35,000 and shall be increased to $37,000 in January, 1987, $39,000 in January, 1989, $45,000 in January, 1991, and $55,000 in January, 2001, and $57,500 in January, 2003; the annual salary of the chairman of the committee on finance shall be $32,500 and shall be increased to $34,500 in January, 1987, $36,500 in January, 1989, $45,000 in January, 1991, and $55,000 in January, 2001, and $57,500 in January, 2003. The annual salaries of the other members of the Board shall be as follows: For the three members elected in November, 1980, $26,500 per annum for the first two years of the term; $28,000 per annum for the next two years of the term and $30,000 per annum for the last two years. For the three members elected in November, 1982, $28,000 per annum for the first two years of the term and $30,000 per annum thereafter. For members elected in November, 1984, $30,000 per annum. For the three members elected in November, 1986, $32,000 for each of the first two years of the term, $34,000 for each of the next two years and $36,000 for the last two years; For three members elected in November, 1988, $34,000 for each of the first two years of the term and $36,000 for each year thereafter. For members elected in November, 1990, 1992, 1994, 1996, or 1998, $40,000. For members elected in November, 2000 and thereafter, $50,000. For members elected in November, 2002 and thereafter, $52,000. The board of commissioners has full power to pass all necessary ordinances, orders, rules, resolutions and regulations for the proper management and conduct of the business of the board of commissioners and the corporation and for carrying into effect the object for which the sanitary district is formed. All ordinances, orders, rules, resolutions and regulations passed by the board of commissioners must, before they take effect, be approved by the president of the board of commissioners. If he approves thereof, he shall sign them, and such as
51 [November 20, 2002] he does not approve he shall return to the board of commissioners with his objections in writing at the next regular meeting of the board of commissioners occurring after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance making an appropriation, or to the entire ordinance. If the veto extends to a part of such ordinance, the residue takes effect. If the president of such board of commissioners fails to return any ordinance, order, rule, resolution or regulation with his objections thereto in the time required, he is deemed to have approved it, and it takes effect accordingly. Upon the return of any ordinance, order, rule, resolution, or regulation by the president, the vote by which it was passed must be reconsidered by the board of commissioners, and if upon such reconsideration two-thirds of all the members agree by yeas and nays to pass it, it takes effect notwithstanding the president's refusal to approve thereof. It is the policy of this State that all powers granted, either expressly or by necessary implication, by this Act or any other Illinois statute to the District may be exercised by the District notwithstanding effects on competition. It is the intention of the General Assembly that the "State action exemption" to the application of federal antitrust statutes be fully available to the District to the extent its activities are authorized by law as stated herein. (Source: P.A. 91-722, eff. 6-2-00.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 5-4(a). On motion of Representative Colvin, SENATE BILL 980 was taken up and read by title a third time. A three-fifths vote is required. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote: 68, Yeas; 44, Nays; 5, Answering Present. (ROLL CALL 7) This bill, as amended, having failed to receive the votes of three-fifths of the Members elected, was declared lost. Pursuant to the motion submitted previously, Representative Franks moved to reconsider the vote by which SENATE BILL 980 lost in the House. Pursuant to the motion submitted previously, Representative Black then moved then moved to table the motion to reconsider the vote. And on that motion, a vote was taken resulting as follows: 47, Yeas; 69, Nays; 0, Answering Present. (ROLL CALL 8) The motion lost. Representative Franks again moved to reconsider the vote by which SENATE BILL 980 lost. And on that motion, a vote was taken resulting as follows: 74, Yeas; 41, Nays; 0, Answering Present. (ROLL CALL 9) The motion prevailed.
[November 20, 2002] 52 The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Colvin, SENATE BILL 980 was taken up and read by title a third time. A three-fifths vote is required. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 72, Yeas; 43, Nays; 2, Answering Present. (ROLL CALL 10) This bill, as amended, having received the votes of three-fifths of the Members elected, was declared passed. Ordered that the Clerk inform the Senate thereof and ask their concurrence in the House amendment/s adopted thereto. HOUSE JOINT RESOLUTIONS CONSTITUTIONAL AMENDMENTS FIRST READING Representative Franks introduced the following: HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 17 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 add Section 25 to Article I of the Illinois Constitution as follows: ARTICLE I BILL OF RIGHTS (ILCON Art. I, Sec. 25 new) SECTION 25. TAXPAYER SUITS Notwithstanding any other provision of this Constitution or any law or judicial decision to the contrary, each taxpayer of this State or of any taxing district in this State has standing to bring suit in the circuit court to enforce the rights of taxpayers of the State or of that taxing district, as the case may be. These rights of taxpayers include, but are not limited to, the right, on behalf of the State or a taxing district, to enjoin the illegal disbursement of public funds, to recover public funds illegally expended, to recover anything of value obtained through the breach of a public official's fiduciary duty, and to enforce any rights of taxpayers recognized at common law or created by the General Assembly by law. Standing is subject to (i) giving any prior notice to or making any prior demand on a public official that is required by law to bring suit and (ii) complying with any procedures that are required by law. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 17 was taken up, read in full a first time, ordered printed and placed in the Committee on Rules. At the hour of 4:15 o'clock p.m., Representative Currie moved that
53 [November 20, 2002] the House do now adjourn until Thursday, November 21, 2002, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[November 20, 2002] 54 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 20, 2002 0 YEAS 0 NAYS 117 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 P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER P STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS E KENNER P O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
55 [November 20, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4179 CRIM CD-AGG ASSAULT-EMT ACCEPT AMENDATORY VETO PREVAILED NOV 20, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN A HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[November 20, 2002] 56 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2 ALTERNATE FUELS FUND-USER FEES ACCEPT AMENDATORY VETO PREVAILED NOV 20, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN A HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
57 [November 20, 2002] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4074 ELECTRONIC SURVEILLANCE ACCEPT AMENDATORY VETO PREVAILED NOV 20, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN A HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[November 20, 2002] 58 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 5652 CD CORR-CONTROLLED SUBSTANCES OVERRIDE AMENDATORY VETO LOST THREE-FIFTHS VOTE REQUIRED NOV 20, 2002 40 YEAS 71 NAYS 5 PRESENT Y ACEVEDO N ERWIN N LAWFER P PARKE N BASSI N FEIGENHOLTZ N LEITCH N POE N BEAUBIEN N FLOWERS N LINDNER P REITZ N BELLOCK Y FORBY N LYONS,EILEEN Y RIGHTER Y BERNS N FOWLER Y LYONS,JOSEPH N RUTHERFORD N BIGGINS Y FRANKS Y MARQUARDT N RYAN P BLACK N FRITCHEY N MATHIAS N SAVIANO Y BOLAND N GARRETT N MAUTINO N SCHMITZ Y BOST N GILES N MAY N SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE N SCULLY Y BRADY N HAMOS Y McCARTHY N SIMPSON Y BROSNAHAN A HANNIG N McGUIRE N SLONE N BRUNSVOLD Y HARTKE N McKEON Y SMITH Y BUGIELSKI N HASSERT Y MENDOZA Y SOMMER Y BURKE N HOEFT N MEYER N SOTO Y CAPPARELLI N HOFFMAN N MILLER Y STEPHENS N COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE N COLVIN N HOWARD N MITCHELL,JERRY N TURNER N COULSON N HULTGREN N MOFFITT Y WAIT N COWLISHAW N JEFFERSON N MORROW Y WATSON N CROSS N JOHNSON N MULLIGAN P WINKEL N CROTTY Y JONES,JOHN N MURPHY Y WINTERS N CURRIE N JONES,LOU Y MYERS Y WIRSING P CURRY N JONES,SHIRLEY N NOVAK Y WOJCIK N DANIELS E KENNER N O'BRIEN Y WRIGHT Y DART N KLINGLER Y O'CONNOR N YARBROUGH N DAVIS,MONIQUE N KOSEL Y OSMOND N YOUNGE N DAVIS,STEVE N KRAUSE N OSTERMAN Y ZICKUS N DELGADO N KURTZ N PANKAU Y MR. SPEAKER Y DURKIN N LANG E - Denotes Excused Absence
59 [November 20, 2002] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2643 STATE PROCUREMENT-TECH THIRD READING PASSED NOV 20, 2002 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[November 20, 2002] 60 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 980 LOCAL GOV-WAGE DEDUCTIONS THIRD READING LOST THREE-FIFTHS VOTE REQUIRED NOV 20, 2002 68 YEAS 44 NAYS 5 PRESENT Y ACEVEDO Y ERWIN N LAWFER N PARKE N BASSI Y FEIGENHOLTZ Y LEITCH N POE Y BEAUBIEN Y FLOWERS N LINDNER Y REITZ N BELLOCK Y FORBY N LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD Y BIGGINS N FRANKS N MARQUARDT Y RYAN N BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG P BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY N BRADY Y HAMOS Y McCARTHY N SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE N SLONE Y BRUNSVOLD Y HARTKE Y McKEON P SMITH Y BUGIELSKI N HASSERT Y MENDOZA N SOMMER Y BURKE N HOEFT N MEYER Y SOTO Y CAPPARELLI Y HOFFMAN P MILLER N STEPHENS P COLLINS Y HOLBROOK N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOWARD N MITCHELL,JERRY Y TURNER Y COULSON N HULTGREN Y MOFFITT N WAIT N COWLISHAW Y JEFFERSON P MORROW N WATSON N CROSS N JOHNSON Y MULLIGAN N WINKEL Y CROTTY N JONES,JOHN Y MURPHY N WINTERS Y CURRIE Y JONES,LOU N MYERS N WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK N DANIELS E KENNER Y O'BRIEN N WRIGHT N DART N KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
61 [November 20, 2002] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 980 LOCAL GOV-WAGE DEDUCTIONS THIRD READING MOVE TO TABLE THE MOTION TO RECONSIDER THE VOTE LOST NOV 20, 2002 47 YEAS 69 NAYS 0 PRESENT N ACEVEDO N ERWIN Y LAWFER Y PARKE Y BASSI N FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN N FLOWERS Y LINDNER N REITZ Y BELLOCK N FORBY N LYONS,EILEEN Y RIGHTER Y BERNS N FOWLER N LYONS,JOSEPH Y RUTHERFORD Y BIGGINS N FRANKS Y MARQUARDT N RYAN Y BLACK N FRITCHEY Y MATHIAS N SAVIANO N BOLAND N GARRETT N MAUTINO Y SCHMITZ Y BOST N GILES N MAY N SCHOENBERG N BRADLEY N GRANBERG N McAULIFFE N SCULLY N BRADY N HAMOS N McCARTHY Y SIMPSON N BROSNAHAN N HANNIG N McGUIRE N SLONE N BRUNSVOLD N HARTKE N McKEON N SMITH N BUGIELSKI Y HASSERT N MENDOZA Y SOMMER N BURKE Y HOEFT Y MEYER N SOTO N CAPPARELLI N HOFFMAN N MILLER Y STEPHENS A COLLINS N HOLBROOK Y MITCHELL,BILL Y TENHOUSE N COLVIN N HOWARD Y MITCHELL,JERRY N TURNER N COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW N JEFFERSON N MORROW Y WATSON Y CROSS Y JOHNSON N MULLIGAN Y WINKEL N CROTTY Y JONES,JOHN N MURPHY Y WINTERS N CURRIE N JONES,LOU Y MYERS Y WIRSING N CURRY N JONES,SHIRLEY N NOVAK N WOJCIK Y DANIELS E KENNER N O'BRIEN Y WRIGHT N DART Y KLINGLER Y O'CONNOR N YARBROUGH N DAVIS,MONIQUE Y KOSEL Y OSMOND N YOUNGE N DAVIS,STEVE N KRAUSE N OSTERMAN N ZICKUS N DELGADO Y KURTZ Y PANKAU N MR. SPEAKER Y DURKIN N LANG E - Denotes Excused Absence
[November 20, 2002] 62 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 980 LOCAL GOV-WAGE DEDUCTIONS THIRD READING MOTION TO RECONSIDER THE VOTE PREVAILED NOV 20, 2002 74 YEAS 41 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER N PARKE N BASSI Y FEIGENHOLTZ N LEITCH N POE Y BEAUBIEN Y FLOWERS N LINDNER Y REITZ N BELLOCK Y FORBY N LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD Y BIGGINS Y FRANKS N MARQUARDT Y RYAN N BLACK Y FRITCHEY N MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY N BRADY Y HAMOS Y McCARTHY N SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI N HASSERT Y MENDOZA N SOMMER Y BURKE N HOEFT N MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER N STEPHENS Y COLLINS Y HOLBROOK N MITCHELL,BILL A TENHOUSE Y COLVIN Y HOWARD N MITCHELL,JERRY Y TURNER Y COULSON N HULTGREN Y MOFFITT A WAIT N COWLISHAW Y JEFFERSON Y MORROW N WATSON Y CROSS N JOHNSON Y MULLIGAN N WINKEL Y CROTTY N JONES,JOHN Y MURPHY N WINTERS Y CURRIE Y JONES,LOU N MYERS N WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK N DANIELS E KENNER Y O'BRIEN N WRIGHT Y DART N KLINGLER N O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
63 [November 20, 2002] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 980 LOCAL GOV-WAGE DEDUCTIONS THIRD READING PASSED THREE-FIFTHS VOTE REQUIRED NOV 20, 2002 72 YEAS 43 NAYS 2 PRESENT Y ACEVEDO Y ERWIN N LAWFER N PARKE N BASSI Y FEIGENHOLTZ N LEITCH N POE Y BEAUBIEN Y FLOWERS N LINDNER Y REITZ N BELLOCK Y FORBY N LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD Y BIGGINS N FRANKS N MARQUARDT Y RYAN N BLACK Y FRITCHEY N MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG P BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY N BRADY Y HAMOS Y McCARTHY N SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE N SLONE Y BRUNSVOLD Y HARTKE Y McKEON P SMITH Y BUGIELSKI Y HASSERT Y MENDOZA N SOMMER Y BURKE N HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER N STEPHENS Y COLLINS Y HOLBROOK N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOWARD N MITCHELL,JERRY Y TURNER Y COULSON N HULTGREN Y MOFFITT N WAIT N COWLISHAW Y JEFFERSON Y MORROW N WATSON Y CROSS N JOHNSON Y MULLIGAN N WINKEL Y CROTTY N JONES,JOHN Y MURPHY N WINTERS Y CURRIE Y JONES,LOU N MYERS N WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK N DANIELS E KENNER Y O'BRIEN N WRIGHT Y DART N KLINGLER N O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence

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