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STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
87TH LEGISLATIVE DAY
WEDNESDAY, JANUARY 30, 2002
1:00 O'CLOCK P.M.
NO. 87
[January 30, 2002] 2
HOUSE OF REPRESENTATIVES
Daily Journal Index
87th Legislative Day
Action Page(s)
Adjournment........................................ 31
Change of Sponsorship.............................. 5
Committee on Rules Reassignments................... 3
Committee on Rules Referrals....................... 3
Fiscal Note Supplied............................... 4
Introduction and First Reading - HB4116-4277....... 5
Quorum Roll Call................................... 3
Bill Number Legislative Action Page(s)
HB 1689 Second Reading - Amendment/s....................... 17
HB 3629 Committee Report................................... 4
HB 3645 Committee Report................................... 4
HB 3662 Committee Report................................... 4
HB 3769 Committee Report................................... 4
HB 3774 Committee Report................................... 5
HC 0009 Constitutional Amendment - First Reading........... 30
HJR 0056 Resolution......................................... 25
HJR 0057 Resolution......................................... 26
HR 0611 Adoption........................................... 22
HR 0614 Resolution......................................... 23
HR 0616 Resolution......................................... 23
HR 0623 Resolution......................................... 24
HR 0624 Resolution......................................... 24
HR 0625 Agreed Resolution.................................. 11
HR 0626 Agreed Resolution.................................. 12
HR 0627 Agreed Resolution.................................. 12
HR 0628 Agreed Resolution.................................. 13
HR 0629 Agreed Resolution.................................. 13
HR 0630 Agreed Resolution.................................. 14
HR 0631 Agreed Resolution.................................. 14
HR 0632 Agreed Resolution.................................. 15
HR 0633 Agreed Resolution.................................. 15
HR 0634 Agreed Resolution.................................. 16
SJR 0001 Senate Message..................................... 5
3 [January 30, 2002]
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Reverend Paul Nelson of the First Presbyterian Church in
Woodstock, Illinois.
Representative Franks led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain the
attendance of Members, as follows:
114 present. (ROLL CALL 1)
By unanimous consent, Representatives Bugielski, Monique Davis,
Smith and Sommer were excused from attendance.
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Aging: HOUSE BILL 4034.
Committee on Agriculture: HOUSE BILL 4052.
Committee on Appropriations-General Services: HOUSE BILLS 3845,
3919 and 4065.
Committee on Appropriations-Higher Education: HOUSE BILL 4048.
Committee on Appropriations-Human Services: HOUSE BILLS 3861,
3892, 3893 and 3979.
Committee on Appropriations-Public Safety: HOUSE BILLS 3978 and
4036.
Committee on Cities & Villages: HOUSE BILLS 3953 and 4050.
Committee on Consumer Protection: HOUSE BILL 3954.
Committee on Counties & Townships: HOUSE BILL 3812.
Committee on Computer Technoloby: HOUSE BILL 4099.
Committee on Elections & Campaign Reform: HOUSE BILLS 3795 and
3810.
Committee on Elementary & Secondary Education: HOUSE BILLS 3673,
3938, 3960, 3976, 4100 and 4101.
Committee on Executive: HOUSE BILLS 4042, 4067 and 4090.
Committee on Financial Institutions: HOUSE BILL 4055.
Committee on Health Care Availability & Access: HOUSE BILL 3933.
Committee on Higher Education: HOUSE BILL 4037.
Committee on Human Services: HOUSE BILLS 3811, 4092 and 4113.
Committee on Judiciary I-Civil Law: HOUSE BILLS 4051 and 4091.
Committee on Judiciary II-Criminal Law: HOUSE BILLS 3974, 3984,
3988, 4047, 4073, 4081, 4087, 4093, 4094, 4095, 4096, 4097, 4098, 4104
and 4115.
Committee on Labor: HOUSE BILLS 3802, 3972, 3980, 4044 and 4103.
Committee on Personnel & Pensions: HOUSE BILL 3964.
Committee on Public Utilities: HOUSE BILLS 3987 and 4085.
Committee on Registration & Regulation: HOUSE BILLS 3993, 3998,
3999, 4002, 4003, 4004 and 4107.
Committee on Revenue: HOUSE BILLS 3959, 4040, 4083 and 4106.
Committee on State Government Administration: HOUSE BILLS 3990,
4007, 4108 and 4110.
Committee on Tourism: HOUSE BILL 4066.
Committee on Transportation & Motor Vehicles: HOUSE BILLS 3794,
3797, 3956, 3982, 3989 and 4056.
COMMITTEE ON RULES
REASSIGNMENTS
Representative Currie, from the Committee on Rules, recalled HOUSE
BILL 3653 from the Committee on State Government Administration and
reassigned it to the Committee on Tourism.
[January 30, 2002] 4
FISCAL NOTE SUPPLIED
A Fiscal Note has been supplied for HOUSE BILL 3652.
REPORTS FROM STANDING COMMITTEES
REPORT FROM STANDING COMMITTEE
Representative Crotty, Chairperson, from the Committee on Children
& Youth to which the following were referred, action taken January 29,
2002, and reported the same back with the following recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILL 3662.
The committee roll call vote on HOUSE BILL 3662 is as follows:
7, Yeas; 1, Nays; 0, Answering Present.
Y Crotty, Chair Y May
A Flowers N Mulligan
Y Howard, V-Chair Y Myers, Richard
Y Klingler, Spkpn Y Ryan
Y Wirsing
Representative Steve Davis, Chairperson, from the Committee on
Constitutional Officers to which the following were referred, action
taken on January 29, 2002, and reported the same back with the
following recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILLS 3629 and 3645.
The committee roll call vote on HOUSE BILL 3629 is as follows:
7, Yeas; 0, Nays; 0, Answering Present.
Y Davis, Steve, Chair Y Crotty, V-Chair
Y Bassi Y Holbrook
Y Bost A Kosel, Spkpn
A Brosnahan Y Mathias
Y McGuire
The committee roll call vote on HOUSE BILL 3645 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Davis, Steve, Chair Y Crotty, V-Chair
Y Bassi Y Holbrook
Y Bost Y Kosel, Spkpn
Y Brosnahan Y Mathias
Y McGuire
Representative Boland, Chairperson, from the Committee on Elections
& Campaign Reform to which the following were referred, action taken on
January 29, 2002, and reported the same back with the following
recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 3769.
The committee roll call vote on HOUSE BILL 3769 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Boland, Chair Y Lindner
Y Cross Y Lyons, Eileen, Spkpn
A Curry, Julie Y McCarthy
A Garrett, V-Chair Y Osterman
A Hoeft Y Slone
Y Winkel
5 [January 30, 2002]
Representative Giles, Chairperson, from the Committee on Elementary
& Secondary Education to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 3774.
The committee roll call vote on HOUSE BILL 3774 is as follows:
17, Yeas; 0, Nays; 0, Answering Present.
Y Giles, Chair Y Johnson
Y Bassi Y Kosel
A Collins Y Krause
Y Cowlishaw, Spkpn Y Miller
Y Crotty Y Mitchell, Jerry
A Davis, Monique, V-Chair Y Moffitt
Y Delgado A Mulligan
Y Fowler Y Murphy
Y Garrett Y Osterman
Y Hoeft A Smith, Michael
Y Winkel (Tenhouse)
CHANGE OF SPONSORSHIP
Representative Black asked and obtained unanimous consent to be
removed as chief sponsor and Representative Hannig asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 3714.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has adopted the following Senate Joint Resolution, in
the adoption of which I am instructed to ask the concurrence of the
House of Representatives, to-wit:
SENATE JOINT RESOLUTION NO. 48
RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF
THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN,
that when the Senate adjourns on Wednesday, January 30, 2002, it stands
adjourned until Tuesday, February 5, 2002, at 12:00 o'clock noon; and
when the House of Representatives adjourns on Thursday, January 31,
2002, it stands adjourned until Monday, February 4, 2002, in
perfunctory session; and when it adjourns on that day, it stands
adjourned until Tuesday, February 5, 2002, at 1:00 o'clock p.m.
Adopted by the Senate, January 30, 2002.
Jim Harry, Secretary of the Senate
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 4116. Introduced by Representative Black, a bill for AN
ACT in relation to criminal law.
HOUSE BILL 4117. Introduced by Representative Wright, a bill for
AN ACT concerning schools.
HOUSE BILL 4118. Introduced by Representative Lawfer, a bill for
[January 30, 2002] 6
AN ACT in relation to public health.
HOUSE BILL 4119. Introduced by Representative Lawfer, a bill for
AN ACT concerning schools.
HOUSE BILL 4120. Introduced by Representative Lawfer, a bill for
AN ACT in relation to public safety.
HOUSE BILL 4121. Introduced by Representative Wright, a bill for
AN ACT concerning education.
HOUSE BILL 4122. Introduced by Representative Jerry Mitchell, a
bill for AN ACT concerning carbon monoxide detectors.
HOUSE BILL 4123. Introduced by Representative Monique Davis, a
bill for AN ACT concerning home repair fraud.
HOUSE BILL 4124. Introduced by Representative Hoffman, a bill for
AN ACT concerning sex offenders.
HOUSE BILL 4125. Introduced by Representative Black, a bill for AN
ACT concerning veterinary medicine.
HOUSE BILL 4126. Introduced by Representative Black, a bill for AN
ACT concerning telephone solicitations.
HOUSE BILL 4127. Introduced by Representative Currie, a bill for
AN ACT in relation to municipal government.
HOUSE BILL 4128. Introduced by Representative Currie, a bill for
AN ACT in relation to municipal government.
HOUSE BILL 4129. Introduced by Representative Currie, a bill for
AN ACT in relation to minors
HOUSE BILL 4130. Introduced by Representative Boland, a bill for
AN ACT concerning elections.
HOUSE BILL 4131. Introduced by Representatives Lou Jones - Shirley
Jones - Morrow - Kenner - Howard, a bill for AN ACT in relation to
housing.
HOUSE BILL 4132. Introduced by Representatives Lou Jones - Shirley
Jones - Morrow - Kenner - Howard, a bill for AN ACT in relation to
housing.
HOUSE BILL 4133. Introduced by Representative Mathias, a bill for
AN ACT to in relation to vehicles.
HOUSE BILL 4134. Introduced by Representative Berns, a bill for AN
ACT concerning civil immunity.
HOUSE BILL 4135. Introduced by Representative Flowers, a bill for
AN ACT concerning blood donation.
HOUSE BILL 4136. Introduced by Representative May, a bill for AN
ACT concerning insurance.
HOUSE BILL 4137. Introduced by Representative Currie, a bill for
AN ACT in relation to taxation.
HOUSE BILL 4138. Introduced by Representative Currie, a bill for
AN ACT in relation to taxation.
HOUSE BILL 4139. Introduced by Representative Lou Jones, a bill
for AN ACT concerning capital sentencing.
HOUSE BILL 4140. Introduced by Representatives Lou Jones - Shirley
Jones - Howard - Kenner - Morrow, a bill for AN ACT in relation to
housing.
HOUSE BILL 4141. Introduced by Representatives Bugielski -
Capparelli - Joseph Lyons - Burke - Bradley, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4142. Introduced by Representatives Capparelli - Joseph
Lyons - Bugielski - Burke - Acevedo and Bradley, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4143. Introduced by Representatives Bugielski -
Capparelli - Joseph Lyons - Burke - Bradley, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4144. Introduced by Representatives Bugielski - Joseph
Lyons - Capparelli - Burke - Bradley, a bill for AN ACT in relation to
public employee benefits.
HOUSE BILL 4145. Introduced by Representatives Capparelli - Joseph
Lyons - Bugielski - Burke - Bradley, a bill for AN ACT in relation to
public employee benefits.
HOUSE BILL 4146. Introduced by Representatives Capparelli -
Bugielski - Joseph Lyons - Bradley - Burke, McAuliffe and Saviano, a
bill for AN ACT in relation to public employee benefits.
7 [January 30, 2002]
HOUSE BILL 4147. Introduced by Representatives Bugielski - Joseph
Lyons - Capparelli - Burke - Acevedo and Bradley, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4148. Introduced by Representatives Capparelli -
Bugielski - Joseph Lyons - Burke - Bradley, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4149. Introduced by Representative Feigenholtz, a bill
for AN ACT concerning tobacco.
HOUSE BILL 4150. Introduced by Representative Osmond, a bill for
AN ACT concerning professional regulation.
HOUSE BILL 4151. Introduced by Representative Burke, a bill for AN
ACT in relation to safety.
HOUSE BILL 4152. Introduced by Representative Burke, a bill for AN
ACT concerning naprapaths.
HOUSE BILL 4153. Introduced by Representative Burke, a bill for AN
ACT in relation to public health.
HOUSE BILL 4154. Introduced by Representative Schoenberg, a bill
for AN ACT concerning the budget crisis.
HOUSE BILL 4155. Introduced by Representative Schoenberg, a bill
for AN ACT concerning highways.
HOUSE BILL 4156. Introduced by Representatives Schoenberg -
Coulson, a bill for AN ACT making appropriations.
HOUSE BILL 4157. Introduced by Representative Schoenberg, a bill
for AN ACT concerning community development financial institutions.
HOUSE BILL 4158. Introduced by Representative Schoenberg, a bill
for AN ACT in relation to firearms.
HOUSE BILL 4159. Introduced by Representative Schoenberg, a bill
for AN ACT in relation to the investment of public funds.
HOUSE BILL 4160. Introduced by Representative Schoenberg, a bill
for AN ACT concerning State agencies.
HOUSE BILL 4161. Introduced by Representative Schoenberg, a bill
for AN ACT regarding highways.
HOUSE BILL 4162. Introduced by Representative Schoenberg, a bill
for AN ACT in relation to housing.
HOUSE BILL 4163. Introduced by Representative Schoenberg, a bill
for AN ACT regarding schools.
HOUSE BILL 4164. Introduced by Representative Schoenberg, a bill
for AN ACT in relation to public employee benefits.
HOUSE BILL 4165. Introduced by Representative Schoenberg, a bill
for AN ACT concerning information about children.
HOUSE BILL 4166. Introduced by Representative Cross, a bill for AN
ACT to create the Uniform Athlete Agents Act.
HOUSE BILL 4167. Introduced by Representative Cross, a bill for AN
ACT in relation to the courts.
HOUSE BILL 4168. Introduced by Representatives Black - Lang, a
bill for AN ACT relating to telecommunications.
HOUSE BILL 4169. Introduced by Representative Kurtz, a bill for AN
ACT in relation to gambling.
HOUSE BILL 4170. Introduced by Representative Franks, a bill for
AN ACT in relation to mental health.
HOUSE BILL 4171. Introduced by Representative Franks, a bill for
AN ACT to amend the Counties Code by changing Section 5-12001.1.
HOUSE BILL 4172. Introduced by Representative Art Turner, a bill
for AN ACT in relation to taxes
HOUSE BILL 4173. Introduced by Representative May, a bill for AN
ACT in relation to criminal law.
HOUSE BILL 4174. Introduced by Representative May, a bill for AN
ACT concerning identification.
HOUSE BILL 4175. Introduced by Representative May, a bill for AN
ACT in relation to firearms.
HOUSE BILL 4176. Introduced by Representative May, a bill for AN
ACT in relation to criminal law.
HOUSE BILL 4177. Introduced by Representative Bellock, a bill for
AN ACT in relation to groundwater.
HOUSE BILL 4178. Introduced by Representative Giles, a bill for AN
ACT to amend the School Code by changing Section 2-3.25g.
[January 30, 2002] 8
HOUSE BILL 4179. Introduced by Representatives Capparelli -
Bugielski - Joseph Lyons - Burke - Dart, Acevedo, Bradley, Fritchey,
Hassert, McAuliffe, Saviano, Wojcik and Zickus, a bill for AN ACT in
relation to criminal law.
HOUSE BILL 4180. Introduced by Representatives Fritchey -
Bugielski - Capparelli - Acevedo - Bradley, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4181. Introduced by Representative May, a bill for AN
ACT concerning firearms.
HOUSE BILL 4182. Introduced by Representative Bellock, a bill for
AN ACT making appropriations.
HOUSE BILL 4183. Introduced by Representative Bellock, a bill for
AN ACT in relation to health.
HOUSE BILL 4184. Introduced by Representative Capparelli, a bill
for AN ACT in relation to housing.
HOUSE BILL 4185. Introduced by Representative Capparelli, a bill
for AN ACT in relation to housing.
HOUSE BILL 4186. Introduced by Representative Feigenholtz, a bill
for AN ACT in relation to criminal law.
HOUSE BILL 4187. Introduced by Representative Burke, a bill for AN
ACT concerning college savings.
HOUSE BILL 4188. Introduced by Representative Bill Mitchell, a
bill for AN ACT concerning local government.
HOUSE BILL 4189. Introduced by Representative Hartke, a bill for
AN ACT in relation to vehicles.
HOUSE BILL 4190. Introduced by Representative Hartke, a bill for
AN ACT in relation to vehicles.
HOUSE BILL 4191. Introduced by Representatives Bradley -
Capparelli - Burke - Bugielski - Joseph Lyons, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4192. Introduced by Representatives Bradley -
Capparelli - Joseph Lyons - Burke - Bugielski, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4193. Introduced by Representative Johnson, a bill for
AN ACT in relation to criminal law.
HOUSE BILL 4194. Introduced by Representative Johnson, a bill for
AN ACT in relation to criminal law.
HOUSE BILL 4195. Introduced by Representative Colvin, a bill for
AN ACT concerning forensic science.
HOUSE BILL 4196. Introduced by Representatives Fritchey -
Capparelli - Bugielski - Joseph Lyons - Osterman, a bill for AN ACT in
relation to public employee benefits.
HOUSE BILL 4197. Introduced by Representatives Fritchey -
Capparelli - Bugielski - Bradley - Burke, a bill for AN ACT in relation
to public employee benefits.
HOUSE BILL 4198. Introduced by Representative Krause, a bill for
AN ACT concerning special assessments.
HOUSE BILL 4199. Introduced by Representative Boland, a bill for
AN ACT concerning telecommunications.
HOUSE BILL 4200. Introduced by Representative Delgado, a bill for
AN ACT in relation to criminal law.
HOUSE BILL 4201. Introduced by Representative Delgado, a bill for
AN ACT in relation to public aid.
HOUSE BILL 4202. Introduced by Representative Delgado, a bill for
AN ACT in relation to criminal law.
HOUSE BILL 4203. Introduced by Representative Brosnahan, a bill
for AN ACT in relation to criminal law.
HOUSE BILL 4204. Introduced by Representative Brosnahan, a bill
for AN ACT in relation to criminal law.
HOUSE BILL 4205. Introduced by Representative Feigenholtz, a bill
for AN ACT in relation to animals.
HOUSE BILL 4206. Introduced by Representative Feigenholtz, a bill
for AN ACT in relation to human services.
HOUSE BILL 4207. Introduced by Representative Feigenholtz, a bill
for AN ACT concerning family law.
HOUSE BILL 4208. Introduced by Representative Feigenholtz, a bill
9 [January 30, 2002]
for AN ACT in relation to children.
HOUSE BILL 4209. Introduced by Representative Feigenholtz, a bill
for AN ACT concerning schools.
HOUSE BILL 4210. Introduced by Representatives Ryan - Boland, a
bill for AN ACT in relation to public aid.
HOUSE BILL 4211. Introduced by Representative McCarthy, a bill for
AN ACT concerning disclosure of information.
HOUSE BILL 4212. Introduced by Representative McCarthy, a bill for
AN ACT relating to schools.
HOUSE BILL 4213. Introduced by Representative Saviano, a bill for
AN ACT concerning insurance coverage.
HOUSE BILL 4214. Introduced by Representative Saviano, a bill for
AN ACT in relation to alcoholic liquor.
HOUSE BILL 4215. Introduced by Representative Miller, a bill for
AN ACT in relation to public aid.
HOUSE BILL 4216. Introduced by Representatives Granberg - Curry, a
bill for AN ACT in relation the motor fuel taxes.
HOUSE BILL 4217. Introduced by Representative Miller, a bill for
AN ACT concerning the regulation of professions.
HOUSE BILL 4218. Introduced by Representative Garrett, a bill for
AN ACT in relation to highways.
HOUSE BILL 4219. Introduced by Representative Garrett, a bill for
AN ACT to create the Freedom of Choice Act, amending a named Act.
HOUSE BILL 4220. Introduced by Representative Pankau, a bill for
AN ACT concerning insurance.
HOUSE BILL 4221. Introduced by Representative Jerry Mitchell, a
bill for AN ACT to amend the School Code.
HOUSE BILL 4222. Introduced by Representative Jerry Mitchell, a
bill for AN ACT to amend the School Code.
HOUSE BILL 4223. Introduced by Representative Acevedo, a bill for
AN ACT in relation to firearms.
HOUSE BILL 4224. Introduced by Representative Curry, a bill for AN
ACT concerning telecommunication taxes.
HOUSE BILL 4225. Introduced by Representatives Joseph Lyons -
Capparelli - Bradley - Fritchey - Burke, a bill for AN ACT in relation
to public employee benefits.
HOUSE BILL 4226. Introduced by Representatives Joseph Lyons -
Saviano - McAuliffe - Capparelli - Burke, a bill for AN ACT in relation
to public employee benefits.
HOUSE BILL 4227. Introduced by Representatives Joseph Lyons -
Burke - Capparelli - Bugielski - Madigan, a bill for AN ACT in relation
to public employee benefits.
HOUSE BILL 4228. Introduced by Representative Howard, a bill for
AN ACT concerning corporation.
HOUSE BILL 4229. Introduced by Representatives Bassi - Crotty, a
bill for AN ACT in regard to vehicles.
HOUSE BILL 4230. Introduced by Representatives Morrow - Franks -
Lawfer - McGuire - Joseph Lyons, Boland, Bradley, Brosnahan, Bugielski,
Burke, Crotty, Monique Davis, Forby, Fowler, Lou Jones, Shirley Jones,
McAuliffe, McCarthy, Novak, Reitz, Scully, Winkel and Yarbrough, a bill
for AN ACT in relation to taxation.
HOUSE BILL 4231. Introduced by Representative Winters, a bill for
AN ACT concerning transportation.
HOUSE BILL 4232. Introduced by Representatives McAuliffe -
Capparelli - Saviano, a bill for AN ACT in relation to public employee
benefits.
HOUSE BILL 4233. Introduced by Representatives McAuliffe -
Capparelli - Saviano, a bill for AN ACT in relation to public employee
benefits.
HOUSE BILL 4234. Introduced by Representative Kosel, a bill for AN
ACT concerning the Department of Human Services.
HOUSE BILL 4235. Introduced by Representative Kosel, a bill for AN
ACT concerning the Department of Human Services.
HOUSE BILL 4236. Introduced by Representatives Burke - Capparelli
- Mendoza - Acevedo, a bill for AN ACT in relation to public employee
benefits.
[January 30, 2002] 10
HOUSE BILL 4237. Introduced by Representatives Burke - Capparelli
- Mendoza - Acevedo, a bill for AN ACT in relation to public employee
benefits.
HOUSE BILL 4238. Introduced by Representatives Burke - Capparelli
- Mendoza - Acevedo, a bill for AN ACT in relation to public employee
benefits.
HOUSE BILL 4239. Introduced by Representatives Burke - Saviano -
Bugielski, a bill for AN ACT concerning naprapaths.
HOUSE BILL 4240. Introduced by Representatives Burke - Dart -
Bugielski - Lou Jones - McGuire, a bill for AN ACT to repeal the Soft
Drink Industry Fair Dealing Act.
HOUSE BILL 4241. Introduced by Representative Burke, a bill for AN
ACT in relation to public employee benefits.
HOUSE BILL 4242. Introduced by Representative Giles, a bill for AN
ACT in relation to the Metropolitan Water Reclamation District.
HOUSE BILL 4243. Introduced by Representative Giles, a bill for AN
ACT in relation to criminal law.
HOUSE BILL 4244. Introduced by Representative Giles, a bill for AN
ACT in relation to human rights.
HOUSE BILL 4245. Introduced by Representative Giles, a bill for AN
ACT in relation to criminal law.
HOUSE BILL 4246. Introduced by Representative Coulson, a bill for
AN ACT concerning the Department on Aging.
HOUSE BILL 4247. Introduced by Representative Coulson, a bill for
AN ACT in relation to firearm safety.
HOUSE BILL 4248. Introduced by Representative Coulson, a bill for
AN ACT concerning taxes.
HOUSE BILL 4249. Introduced by Representative Coulson, a bill for
AN ACT concerning the Department on Aging.
HOUSE BILL 4250. Introduced by Representative Coulson, a bill for
AN ACT concerning income taxes.
HOUSE BILL 4251. Introduced by Representatives Capparelli -
Fritchey - Joseph Lyons - Bugielski - McAuliffe, Burke, Acevedo,
Bradley, Saviano and Wojcik, a bill for AN ACT concerning law
enforcement training.
HOUSE BILL 4252. Introduced by Representatives Bradley - Joseph
Lyons - Bugielski - Burke - Capparelli, a bill for AN ACT in relation
to public employee benefits.
HOUSE BILL 4253. Introduced by Representatives Bradley - Burke -
Joseph Lyons - Capparelli - Bugielski, a bill for AN ACT in relation to
public employee benefits.
HOUSE BILL 4254. Introduced by Representatives Bradley - Bugielski
- Capparelli - Burke - Joseph Lyons, a bill for AN ACT in relation to
public employee benefits.
HOUSE BILL 4255. Introduced by Representatives Burke - Saviano -
Klingler, a bill for AN ACT concerning electrology.
HOUSE BILL 4256. Introduced by Representatives Burke - Capparelli
- Mendoza - Acevedo, a bill for AN ACT in relation to public employee
benefits.
HOUSE BILL 4257. Introduced by Representatives Erwin - Daniels -
Kenner - Feigenholtz - Cross, a bill for AN ACT concerning aquariums
and museums.
HOUSE BILL 4258. Introduced by Representative Saviano, a bill for
AN ACT in relation to the regulation of professions.
HOUSE BILL 4259. Introduced by Representative Wojcik, a bill for
AN ACT in relation to public aid.
HOUSE BILL 4260. Introduced by Representatives Mendoza - Acevedo -
Burke, a bill for AN ACT in relation to criminal law.
HOUSE BILL 4261. Introduced by Representatives Mendoza - Acevedo -
Burke, a bill for AN ACT in relation to criminal law.
HOUSE BILL 4262. Introduced by Representative Wojcik, a bill for
AN ACT in relation to public aid.
HOUSE BILL 4263. Introduced by Representative Crotty, a bill for
AN ACT concerning education.
HOUSE BILL 4264. Introduced by Representatives Smith - Crotty, a
bill for AN ACT regarding schools.
11 [January 30, 2002]
HOUSE BILL 4265. Introduced by Representatives Reitz - O'Brien, a
bill for AN ACT in relation to vehicles.
HOUSE BILL 4266. Introduced by Representative Kenner, a bill for
AN ACT in relation to criminal law.
HOUSE BILL 4267. Introduced by Representative Kenner, a bill for
AN ACT in relation to criminal law.
HOUSE BILL 4268. Introduced by Representative Klingler, a bill for
AN ACT concerning the roofing industry.
HOUSE BILL 4269. Introduced by Representative Bassi, a bill for AN
ACT concerning schools.
HOUSE BILL 4270. Introduced by Representative Berns, a bill for AN
ACT concerning education.
HOUSE BILL 4271. Introduced by Representative Art Turner, a bill
for AN ACT concerning subcircuit judgeships.
HOUSE BILL 4272. Introduced by Representative Art Turner, a bill
for AN ACT in relation to criminal law.
HOUSE BILL 4273. Introduced by Representative Art Turner, a bill
for AN ACT concerning deceptive business practices.
HOUSE BILL 4274. Introduced by Representative Art Turner, a bill
for AN ACT in relation to criminal law.
HOUSE BILL 4275. Introduced by Representative Art Turner, a bill
for AN ACT in relation to criminal law.
HOUSE BILL 4276. Introduced by Representatives Winkel - Berns, a
bill for AN ACT in relation to vehicles.
HOUSE BILL 4277. Introduced by Representative Brosnahan, a bill
for AN ACT concerning civil procedure.
AGREED RESOLUTIONS
The following resolutions were offered and placed on the Calendar
on the order of Agreed Resolutions.
HOUSE RESOLUTION 625
Offered by Representative Bill Mitchell:
WHEREAS, It has come to the attention of the Illinois House of
Representatives that Lincoln Christian Seminary in Lincoln, Illinois is
celebrating fifty years in the service and education of the Lord; and
WHEREAS, Lincoln Christian Seminary was established as the dream
of founder Earl C. Hargrove, who worked hard to make his dream a
reality in 1952; and he raised funds to construct an administration and
library building in 1960, and the graduate building, Restoration Hall,
in 1966; and
WHEREAS, Lincoln Christian Seminary entered an era of rapid growth,
and has grown to more than 300 students; the seminary is now directed
by Tom Tanner, vice president of academics; previous to Mr. Tanner's
inauguration, Wayne Shaw served as the seminary's academic dean for 26
years, and Enos Dowling served for 22 years; the seminary graduated its
one-thousandth student in the year 2000; in addition, Lincoln Christian
Seminary has graduates serving the Lord in thirty-eight countries and
across the United States; and
WHEREAS, Lincoln Christian Seminary includes three degree programs
and is accredited by the Association of Theological Schools in the
United States and Canada and the North Central Association of Colleges
and Schools; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Lincoln
Christian Seminary on the celebration of its 50th Anniversary and may
it continue to educate and provide guidance for the Lord for many years
to come; and be it further
RESOLVED, That suitable copies of this resolution be presented to
Keith Ray, president of Lincoln Christian Seminary; to Tom Tanner, vice
president of academics; and to associate deans Robert Lowery and Paul
Boatman as an expression of our esteem.
[January 30, 2002] 12
HOUSE RESOLUTION 626
Offered by Representative Bill Mitchell:
WHEREAS, The highest award the National Council of the Boy Scouts
of America can bestow upon a Scout is that of Eagle Scout; and
WHEREAS, Joshua Erik Tucker of Boy Scout Troop #5, in Decatur,
Illinois, recently received the Eagle Scout Award; and
WHEREAS, In order to qualify as an Eagle Scout, a young man must
demonstrate outstanding qualities of leadership, a willingness to be of
help to others, and superior skills in camping, lifesaving, and first
aid; and
WHEREAS, Joshua was elected to the Order of the Arrow in 1998, an
exclusive branch of the Boy Scouts of America to which a scout is
elected by other scouts; since being elected, he has earned the rank of
Brotherhood and serves on the Ceremonies Team; in addition, he became
CPR certified through scouting and has taken courses in scuba diving
and became certified in scuba diving by the Professional Association of
Diving Instructors; and
WHEREAS, In 2000, Joshua served at Boy Scout Camp as Lakefront
Staff, and in 2001, he served as the Director of the Lakefront,
overseeing all the Lakefront staff, badges, recreation, and other
activities; and
WHEREAS, In earning this high rank, Joshua joins an elite and
honorable fraternity of achievers that counts among its members an
extraordinary number of this nation's great leaders in business,
government, education, and other sectors of society; and
WHEREAS, The achievement of the rank of Eagle Scout reflects
favorably upon the recipient, his justly proud family, his Scoutmaster,
and his fellow scouts; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we join his family and
friends in congratulating Joshua Erik Tucker upon attaining the coveted
rank of Eagle Scout and commend him upon the unswerving dedication to
excellence that is the hallmark of the Eagle Scout; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Eagle Scout Joshua Erik Tucker as an expression of our respect and
esteem.
HOUSE RESOLUTION 627
Offered by Representative Pankau:
WHEREAS, The members of the Illinois House of Representatives are
honored to recognize milestone events in the history of organizations
in the State of Illinois; and
WHEREAS, It has come to our attention that the Commission on
Accreditation for Law Enforcement Agencies, Inc. has awarded
Accredited/Reaccredited and Certified status to the Hanover Park Police
Department; and
WHEREAS, The Hanover Park Police Department belongs to an elite
group of over 500 law enforcement agencies in the United States,
Canada, and Barbados that have received this prestigious, international
recognition; and
WHEREAS, The members of the Hanover Park Police Department have
taken extraordinary steps to demonstrate their professionalism and
pride in delivering quality law enforcement service to their community;
and
WHEREAS, The Commission on Accreditation for Law Enforcement
Agencies, Inc. is an independent, nonprofit organization, founded by
the four law enforcement membership associations: the International
Association of Chiefs of Police, the National Organization of Black Law
Enforcement Executives, the National Sheriff's Association, and the
Police Executive Research Forum; and
WHEREAS, Each agency seeking accreditation must enter the program
voluntarily; once eligible, the agency must meet or exceed all
applicable standards contained in the Commission on Accreditation for
Law Enforcement Agencies, Inc.'s manual of 443 standards; the standards
13 [January 30, 2002]
address all areas of administration, operation, and technical support
activities; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
Hanover Park Police Department on being awarded Accredited/Reaccredited
and Certified status by the Commission on Accreditation for Law
Enforcement Agencies, Inc.; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the Hanover Park Police Department as an expression of our esteem.
HOUSE RESOLUTION 628
Offered by Representative Osmond:
WHEREAS, The members of the Illinois House of Representatives are
pleased to recognize milestone events in high school organizations in
the State of Illinois; and
WHEREAS, The Antioch Community High School's newspaper, the Tom
Tom, was recently inducted into the University of Minnesota's National
Scholastic Press Association Hall of Fame for 2002 for achieving
All-American Status for ten consecutive years; and
WHEREAS, Antioch Community High School is one of fewer than 40
schools across the nation to achieve this honor; and
WHEREAS, The Antioch Community High School's Tom Tom has received
several honors in the past, including the All KEMPA Award from the
University of Wisconsin, Best of Class by the Northern Illinois
Scholastic Press Association, a designation as a 1998 Gold Medalist
from the Columbia Scholastic Press Association, and First Place-Special
Merit honors by the American Scholastic Press Association; therefore,
be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
students and faculty responsible for Antioch Community High School's
newspaper, the Tom Tom, on its induction into the University of
Minnesota's National Scholastic Press Association Hall of Fame for
2002, and we wish them continued success in the future; and be it
further
RESOLVED, That a suitable copy of this resolution be presented to
Jim Love, principal of Antioch Community High School, as an expression
of our esteem.
HOUSE RESOLUTION 629
Offered by Representative Novak:
WHEREAS, The members of the Illinois House of Representatives are
honored to recognize notable organizations in the State of Illinois;
and
WHEREAS, The Garden of Prayer Youth Center is a not-for-profit
organization located on a 49-acre farm in Momence, Illinois with a goal
of keeping families together; and
WHEREAS, Offering year-round structured educational, recreational,
and social activities for youth through three programs, Life on the
Farm, My Second Home, and After School, the Garden of Prayer Youth
Center serves more than 2,000 youth and parents each year in Momence,
Kankakee, and the surrounding counties; and
WHEREAS, The Garden of Prayer Youth Center provides many services,
including summer employment and programs, counseling, mentoring,
tutoring programs, food and emergency financial assistance to several
families, a Teen REACH after school program, and intervention service
to families in crisis; and
WHEREAS, Established in 1978, the Garden of Prayer Youth Center was
founded by the Reverend Shole and Mrs. Doris Jordan, who have offered
their service and refuge to many disadvantaged youth and their families
in the hope of encouraging and fostering strong Christian character and
developing law abiding citizens; and
WHEREAS, The mission of the Garden of Prayer Youth Center includes
making youth aware of their capabilities, strengths, and weaknesses; to
[January 30, 2002] 14
teach good moral standards and self-discipline; to encourage and assist
youth in obtaining a good education; to instruct on how to work and
provide an honest living; to teach youth to be aware and take advantage
of opportunities presented; and to teach youth to be creative and
persistent in obtaining their desires in life, keeping in mind "We can
do all things through Christ who strengthens us"; and
WHEREAS, Thanks to the dedication and commitment of the staff and
volunteers at the Garden of Prayer Youth Center, thousands of children
and their families have been given a hopeful glimpse of the future;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor the founders
and staff of the Garden of Prayer Youth Center in Momence for their
dedication and commitment to disadvantaged youth and families in need;
and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the Reverend Shole and Mrs. Doris Jordan as an expression of our
esteem.
HOUSE RESOLUTION 630
Offered by Representative Howard:
WHEREAS, Native Chicagoan Robert Townsend, actor and director,
stepped forward to take part in the making of an historically
important, factually-based film by the ShowTime Network that
acknowledges on a national level the African American contributions to
the success of the historically significant Pullman story and most
importantly to America's Labor History; and
WHEREAS, Robert Townsend directed the film 10,000 Black Men Named
George, the factually-based historically important film based on the
life of labor organizer and civil rights leader Asa Philip Randolph,
who faced racism and political corruption in a 12-year battle to
unionize railway porters in the 1920s and '30s; the porters worked in
demeaning conditions for shameful wages while the powerful Pullman
Company waged a campaign of fear fuelled by the spreading of lies and
destructive innuendo to the public against Mr. Randolph and the
porters; and
WHEREAS, Through that struggle, the first African American labor
union was chartered in the United States under the American Federation
of Labor as the Brotherhood of Sleeping Car Porters; and
WHEREAS, Many of those men and women were Illinoisans; and
WHEREAS, The telling of this story will help to introduce this
important overlooked piece of history as well as the existence of the
A. Philip Randolph Pullman Porter Museum, an Illinois institution named
in their honor for new generations for years to come; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS that we congratulate Robert
Townsend for his excellence in acting and the direction of the film
10,000 Black Men Named George; and be it further
RESOLVED, That a suitable copy of this resolution be sent to Robert
Townsend with our most sincere gratitude.
HOUSE RESOLUTION 631
Offered by Representative Howard:
WHEREAS, Native Chicagoan Andre Braugher, actor and producer,
stepped forward to take part in the making of an historically
important, factually-based film by the ShowTime Network that
acknowledges on a national level the African American contributions to
the success of the historically significant Pullman story and most
importantly to America's Labor History; and
WHEREAS, Andre Braugher was executive producer of the film 10,000
Black Men named George, the factually-based historically important film
based on the life of labor organizer and civil rights leader Asa Philip
Randolph, who faced racism and political corruption in a 12-year battle
to unionize railway porters in the 1920s and '30s; the porters worked
15 [January 30, 2002]
in demeaning conditions for shameful wages while the powerful Pullman
Company waged a campaign of fear fuelled by the spreading of lies and
destructive innuendo to the public against Mr. Randolph and the
porters; and
WHEREAS, Through that struggle the first African American labor
union was chartered in the United States under the American Federation
of Labor as the Brotherhood of Sleeping Car Porters; and
WHEREAS, Many of those men and women were Illinoisans; and
WHEREAS, The telling of this story will help to introduce this
important overlooked piece of history as well as the existence of the
A. Philip Randolph Pullman Porter Museum, an Illinois institution named
in their honor for new generations for years to come; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS that we congratulate Andre
Braugher for his excellence in acting and the production of the film
10,000 Black Men Named George; and be it further
RESOLVED, That a suitable copy of this resolution be sent to Andre
Braugher with our most sincere gratitude.
HOUSE RESOLUTION 632
Offered by Representative Kosel:
WHEREAS, The Illinois House of Representatives would like to
congratulate Jim Pitcairn, who through his outstanding performance at
Lincoln-Way High School, the New Lenox Fire Department, the New Lenox
Methodist Church, and the New Lenox Chamber of Commerce, earned him the
honor of Citizen of the Year award, by the New Lenox Chamber of
Commerce; and
WHEREAS, Mr. Pitcairn, a New Lenox resident since 1963, spent 32
years at Lincoln-Way High School District #210, starting as a classroom
art teacher and spending the final 20 years as a School District
Administrator; he retired in 1995 after developing and initiating
numerous programs on behalf of the student body; among his many
contributions were various substance abuse programs and counseling
services for runaway students, and also extracurricular activities for
students with special interests; and
WHEREAS, Mr. Pitcairn accumulated 25 years on the New Lenox Fire
Department, starting in 1971 as a volunteer; Mr. Pitcairn worked with
the New Lenox Cable Access Channel 6 and the New Lenox Fire Department
in the production of the film Roadside Roulette, an award-winning video
dealing with substance abuse on Prom night; and
WHEREAS, Mr. Pitcairn has been a member of the Manhattan Lions Club
for 10 years, the New Lenox Township Family Services Commission, and
the United Methodist Church building committee; in addition, he and his
wife, Kathryn, served as youth group sponsors at the New Lenox
Methodist Church in the 1970's; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Jim
Pitcairn of New Lenox, Illinois for his achievement in earning the New
Lenox Citizen of the Year award, and wish him success in of all his
future endeavors; and be it further
RESOLVED, That a suitable copy of this resolution be sent to Jim
Pitcairn as an expression of our esteem.
HOUSE RESOLUTION 633
Offered by Representative Pankau:
WHEREAS, The members of the Illinois House of Representatives are
honored to recognize milestone events in the lives of the citizens of
the State of Illinois; and
WHEREAS, It has come to our attention that Everett Van Der Molen is
receiving the Marklund's "Friend of the Year" award on February 16,
2002 at the 6th Annual Top Hat Ball at the Field Museum in Chicago,
Illinois; and
WHEREAS, Mr. Van Der Molen's community support and philanthropic
influence span DuPage County and beyond; he has served on various
[January 30, 2002] 16
boards including those of Central DuPage Hospital, Marianjoy Hospital,
and as a Director of the Adventist Health System; his current service
includes a 20-year involvement with the Development Committee of the
Elmhurst Symphony Association, a 20-year commitment to Strategic
Christian Ministries, and his activity with Vietnamese refugees; he
also serves on the Council of Wheaton Christian Reformed Church, as
President of the Glen Oaks Hospital Foundation Board, as Vice President
of the DuPage Airport Board of Commissioners, as an active member of
the Kiwanis Club of Addison, and along with his wife, Joyce, as a
member of Marklund's Capital Campaign Steering Committee; and
WHEREAS, Mr. Van Der Molen always seems to find the time needed
when he is passionate about a cause; he has been with Marklund
Charities for over 30 years, and along with his wife, Joyce, have
contributed to every campaign Marklund has ever conducted; their
support has included improvements made to the Marklund Children's Home,
support of the Marklund Haverkampf home, an expansion of the Marklund
Van Der Molen Home, the starting of Marklund's Day School, the building
of the Marklund Sayers Home, and most recently, the Marklund at Mill
Creek project; in addition, it is because of Joyce and Everett Van Der
Molen that Marklund started a relationship with Donka which helped the
organization tremendously by bringing Marklund into the computer age;
and
WHEREAS, Mr. Van Der Molen gets a real sense of satisfaction in
seeing the smiling faces of Marklund clients at events like the Toy
Drop, and he truly feels blessed that he has had the opportunity to
meet and know so many wonderful people; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Everett
Van Der Molen on being the recipient of Marklund's 2002 "Friend of the
Year" Award and further congratulate him and his wife, Joyce, in
helping to make Marklund a better place to live, a better place to
work, and a better place to support; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Everett Van Der Molen as an expression of our esteem.
HOUSE RESOLUTION 634
Offered by Representative Currie:
WHEREAS, The members of the Illinois House of Representatives would
like to express their sincere condolences to the family and friends of
A. Abbot Rosen, of Chicago, Illinois, who passed away recently; and
WHEREAS, Mr. Rosen moved to Chicago in 1948 to become director of
the Anti-Defamation League's Midwest region, a position he held for 38
years; during the late 1970s, Mr. Rosen's commitment to fighting
discrimination and hate became an international event when he helped
lead a confrontation with a neo-Nazi group that planned to march in
Skokie, Illinois; Skokie was then home to one of the largest
communities of Holocaust survivors; Mr. Rosen's unwavering leadership
and judgement throughout the crisis were greatly needed for it was a
time of high tension and passion; he was later portrayed by Carl Reiner
in a made-for-television movie based on the planned rally; and
WHEREAS, Mr. Rosen was born in New York City in 1915, and graduated
from Yale College and the Colombia University Law School in 1937; he
then went on to work in the Justice Department's espionage and sabotage
unit, where he prosecuted German spies and saboteurs; shortly
thereafter, Mr. Rosen was drafted into the Army and served in France
and Belgium; after the Army, he served as special assistant to the
attorney general prosecuting war-fraud cases; in 1947, he became a
member of the U.S. delegation to the United Nations, acting as legal
advisor to the UN special committee that drafted the genocide treaty;
and
WHEREAS, Mr. Rosen became active in the civil rights movement when
he was hired under President Harry Truman in 1947 as the U.S. Justice
Department's first civil rights section chief; during the 1960s, Mr.
Rosen was involved in organizing Soldier Field civil rights rallies
where Martin Luther King, Jr. spoke; he was awarded the Chicago
17 [January 30, 2002]
Commission on Human Relations' Thomas H. Wright Award for his
professional leadership as well as Loyola University's Founder's Day
Award for his community service; and
WHEREAS, the passing of A. Abbot Rosen will be greatly felt by all
those who knew him and loved him, especially his wife of over fifty
years, Charlotte; his son, Josh; his daughter, Julie Beth; and his
sister, Carolyne Maimin; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of
A. Abbot Rosen and extend our sympathies to his family and friends at
this time; and be it further
RESOLVED, That suitable copies of this resolution be presented to
the family of A. Abbot Rosen.
HOUSE BILLS ON SECOND READING
HOUSE BILL 1689. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Cities &
Villages, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 1689
AMENDMENT NO. 1. Amend House Bill 1689 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Fire
Department Promotion Act.
Section 5. Definitions. In this Act:
"Affected department" or "department" means a municipal fire
department or the fire department operated by a fire protection
district. The terms do not include fire departments operated by the
State, a university, or a municipality with a population over 1,000,000
or any unit of local government other than a municipality or fire
protection district.
"Appointing authority" means the Board of Fire and Police
Commissioners, Board of Fire Commissioners, Civil Service
Commissioners, Superintendent or Department Head, Fire Protection
District Board of Trustees, or other entity having the authority to
administer and grant promotions in an affected department.
"Promotion" means any appointment or advancement to a rank within
the affected department for which an examination was required before
the effective date of this Act. "Promotion" does not include
appointments (i) that are for less than 180 days; (ii) to the positions
of Superintendent, Chief, or other chief executive officer; (iii) to
an exclusively administrative or executive rank for which an
examination is not required; (iv) to a rank that has previously been
exempted by a home rule municipality, provided that after the effective
date of this Act no home rule municipality may exempt any future or
existing ranks from the provisions of this Act; or (v) to an
administrative rank immediately below the Superintendent, Chief, or
other chief executive officer of an affected department, provided such
rank shall not exceed 2 persons and there is a promoted rank
immediately below it. Notwithstanding the exceptions to the definition
of "promotion" set forth in items (i), (ii), (iii), (iv), and (v) of
this paragraph, promotions shall include any appointments to ranks
covered by the terms of a collective bargaining agreement in effect on
the effective date of this Act.
"Preliminary promotion list" means the rank order of eligible
candidates established in accordance with subsection (b) of Section 20
prior to applicable veteran's preference points. A person on the
preliminary promotion list who is eligible for veteran's preference
under the laws and agreements applicable to the appointing authority
may file a written application for that preference within 10 days after
the initial posting of the preliminary promotion list. The preference
[January 30, 2002] 18
shall be calculated in accordance with Section 55 and applied as an
addition to the person's total point score on the examination. The
appointing authority shall make adjustments to the preliminary
promotion list based on any veteran's preference claimed and the final
adjusted promotion list shall then be posted by the appointing
authority.
"Final adjusted promotion list" means the promotion list for the
position that is in effect on the date the position is created or the
vacancy occurs. If there is no final adjusted promotion list in effect
for that position on that date, or if all persons on the current final
adjusted promotion list for that position refuse the promotion, the
affected department shall not make a permanent promotion until a new
final adjusted promotion list has been prepared in accordance with this
Act, but may make a temporary appointment to fill the vacancy.
Temporary appointments shall not exceed 180 days.
Each component of the promotional test shall be scored on a scale
of 100 points. The component scores shall then be reduced by the
weighting factor assigned to the component on the test and the scores
of all components shall be added to produce a total score based on a
scale of 100 points.
Section 10. Applicability.
(a) This Act shall apply to all positions in an affected
department, except those specifically excluded in items (i), (ii),
(iii), (iv), and (v) of the definition of "promotion" in Section 5
unless such positions are covered by a collective bargaining agreement
in force on the effective date of this Act. Existing promotion lists
shall continue to be valid until after their expiration dates, or up to
a maximum of 3 years after the effective date of this Act.
(b) Notwithstanding any statute, ordinance, rule, or other laws to
the contrary, all promotions in an affected department to which this
Act applies shall be administered in the manner provided for in this
Act. Provisions of the Illinois Municipal Code, the Fire Protection
District Act, municipal ordinances, or rules adopted pursuant to such
authority and other laws relating to promotions in affected departments
shall continue to apply to the extent they are compatible with this
Act, but in the event of conflict between this Act and any other law,
this Act shall control.
(c) A home rule or non-home rule municipality may not administer
its fire department promotion process in a manner that is inconsistent
with this Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of the powers and functions exercised by
the State.
(d) This Act does not apply to any municipality with a population
over 1,000,000.
(e) This Act is intended to serve as a minimum standard and shall
be construed to authorize and not to limit:
(1) An appointing authority from establishing different or
supplemental promotional criteria components, provided that each
criteria is job related and applied uniformly to all candidates.
(2) The negotiation by an employer and an exclusive
representative of clauses within a collective bargaining agreement
relating to conditions or procedures for the promotion of employees
who are not specifically excluded under items (i), (ii), (iii),
(iv), and (v) of the definition of "promotion" in Section 5.
Section 15. Promotion process.
(a) For the purpose of granting promotion to any rank to which
this Act applies, the appointing authority shall from time to time, as
necessary, administer a promotion process in accordance with this Act.
(b) Eligibility requirements to participate in the promotional
process may include a minimum requirement as to the length of
employment, education, training, and certification in subjects and
skills related to fire fighting. After the effective date of this Act,
any such eligibility requirements shall be published at least one year
prior to the date of the beginning of the promotional process and all
members of the affected department shall be given an equal opportunity
19 [January 30, 2002]
to meet those eligibility requirements.
(c) All aspects of the promotion process shall be equally
accessible to all eligible employees of the department. Every component
of the testing and evaluation procedures shall be published to all
eligible candidates when the announcement of promotional testing is
made. The scores for each component of the testing and evaluation
procedures shall be disclosed to each candidate as soon as practicable
after the component is completed.
(d) The appointing authority shall provide a separate promotional
examination for each rank that is filled by promotion. All
examinations for promotion shall be competitive among such members of
the next lower rank that meet the established eligibility requirements
who desire to submit themselves to examination. The appointing
authority may employ consultants to design and administer promotion
examinations or may adopt any job related examinations or study
materials that may become available, so long as they comply with the
requirements of this Act.
Section 20. Promotion lists.
(a) For the purpose of granting a promotion to any rank to which
this Act applies, the appointing authority shall from time to time, as
necessary, prepare a preliminary promotion list in accordance with this
Act. The preliminary promotion list shall be distributed, posted, or
otherwise made conveniently available by the appointing authority to
all members of the department.
(b) A person's position on the preliminary promotion list shall be
determined by a combination of factors which may include any of the
following: (i) the person's score on the written examination for that
rank, determined in accordance with Section 35; (ii) the person's
seniority within the department, determined in accordance with Section
40; (iii) the person's ascertained merit, determined in accordance with
Section 45; and (iv) the person's score on the subjective evaluation,
determined in accordance with Section 50. Candidates shall be ranked on
the list in rank order based on the highest to the lowest total points
scored on all of the components of the test. Promotional components, as
defined herein, shall be determined and administered in accordance with
the referenced Section, unless otherwise modified or agreed to as
provided by paragraph (1) or (2) of subsection (e) of Section 10. The
use of physical criteria, including but not limited to, fitness
testing, agility testing, or medical evaluations is specifically
barred from being used in the promotion process.
(c) A person on the preliminary promotion list who is eligible for
a veteran's preference under the laws and agreements applicable to the
department may file a written application for that preference within 10
days after the initial posting of the preliminary promotion list. The
preference shall be calculated as provided under Section 55 and added
to the total score achieved by the candidate on the test. The
appointing authority shall then make adjustments to the rank order of
the preliminary promotion list based on any such veteran's preferences
awarded. The final adjusted promotion list shall then be distributed,
posted, or otherwise made conveniently available by the appointing
authority to all members of the department.
(d) Whenever a promotional rank is created or becomes vacant due
to resignation, discharge, promotion, death, or the granting of a
disability or retirement pension, or any other cause, the department
shall appoint to that position the person with the highest ranking on
the final promotion list for that rank, except that the appointing
authority may pass over the person with the highest ranking if it has
an objectively demonstrable basis for determining that the person is
unable to perform the duties of the position. Any disputes as to the
existence of such basis shall be subject to resolution in accordance
with any grievance procedure in effect covering the employee.
A vacancy shall be deemed to occur in a position on the date upon
which the position is vacated, and on that same date, a vacancy shall
occur in all ranks inferior to that rank, provided that the position or
positions continue to be funded and authorized by the corporate
authorities. If a vacated position is not filled due to a lack of
[January 30, 2002] 20
funding or authorization and is subsequently reinstated, the final
promotion list shall be continued in effect until all positions vacated
have been filled or for a period up to 5 years beginning from the date
on which the position was vacated. In such event, the candidate or
candidates who would have otherwise been promoted when the vacancy
originally occurred shall be promoted.
Any candidate may refuse a promotion once without losing his or her
position on the final adjusted promotion list. Any candidate who
refuses promotion a second time shall be removed from the final
adjusted promotion list, provided that such action shall not prejudice
a person's opportunities to participate in future promotion
examinations.
(e) A final adjusted promotion list shall remain valid for a
period of 3 years after the date of the initial posting. Integrated
lists are prohibited and when a list expires it shall be void, except
as provided in subsection (d) of this Section. If a promotion list is
not in effect, a successor list shall be prepared and distributed
within 180 days after a vacancy, as defined in subsection (d) of this
Section.
Section 25. Monitoring.
(a) All aspects of the promotion process, including without
limitation the administration, scoring, and posting of scores for the
written examination and subjective evaluation and the determination and
posting of seniority and ascertained merit scores, shall be subject to
monitoring and review in accordance with this Section and Sections 30
and 50.
(b) Two impartial persons who are not members of the affected
department shall be selected to act as observers as follows: by the
exclusive bargaining agent or if there is no exclusive bargaining
agent, then by a majority of the candidates participating in the
promotion process. The corporate authorities may also select 2
additional impartial observers.
(c) The observers monitoring the promotion process are authorized
to be present and observe when any component of the test is
administered or scored. Observers may not interfere with the promotion
process, but shall promptly report any observed or suspected violation
of the requirements of this Act or an applicable collective bargaining
agreement to the appointing authority and all other affected parties.
Section 30. Promotion examination components. Promotion
examinations that include components consisting of written
examinations, seniority points, ascertained merit, or subjective
evaluations shall be administered as provided in Sections 35, 40, 45
and 50. The weight, if any, that is given to any such component
included in a test may be set at the discretion of the appointing
authority provided that such weight shall be subject to modification by
the terms of any collective bargaining agreement in effect on the
effective date of this Act or thereafter by negotiations between the
employer and an exclusive bargaining representative. If the appointing
authority establishes a minimum passing score, such score shall be
announced prior to the date of the promotion process and it must be an
aggregate of all components of the testing process. All candidates
shall be allowed to participate in all components of the testing
process irrespective of their score on any one component.
Section 35. Written examinations.
(a) The appointing authority may not condition eligibility to take
the written examination on the candidate's score on any of the previous
components of the examination. The written examination for a particular
rank shall consist of matters relating to the duties regularly
performed by persons holding that rank within the department. The
examination shall be based only on the contents of written materials
that the appointing authority has identified and made readily available
to potential examinees at least 90 days before the examination is
administered. The test questions and material must be pertinent to the
particular rank for which the examination is being given. The written
examination shall be administered after the determination and posting
of the seniority list, ascertained merit points, and subjective
21 [January 30, 2002]
evaluation scores. The written examination shall be administered, the
test materials opened, and the results scored and tabulated only in the
presence of the observers appointed under Section 25 and only in
accordance with subsection (b) of this Section.
(b) Written examinations shall be graded at the examination site
on the day of the examination immediately upon completion of the test
in front of the observers if such observers are appointed under Section
25, or if the tests are graded offsite by a bona fide testing agency,
the observers shall witness the sealing and the shipping of the tests
for grading and the subsequent opening of the scores upon the return
from the testing agency. Every examinee shall have the right (i) to
obtain his or her score on the examination on the day of the
examination or upon the day of its return from the testing agency (or
the appointing authority shall require the testing agency to mail the
individual scores to any address submitted by the candidates on the day
of the examination); and (ii) to review the answers to the examination
that the examiners consider correct. The appointing authority may hold
a review session after the examination for the purpose of gathering
feedback on the examination from the candidates.
(c) Sample written examinations may be examined by the appointing
authority and members of the department, but no person in the
department or the appointing authority (including the Chief, Civil
Service Commissioners, Board of Fire and Police Commissioners, Board of
Fire Commissioners, or Fire Protection District Board of Trustees and
other appointed or elected officials) may see or examine the specific
questions on the actual written examination before the examination is
administered. If a sample examination is used, actual test questions
shall not be included. It is a violation of this Act for any member of
the department or the appointing authority to obtain or divulge
foreknowledge of the contents of the written examination before it is
administered.
(d) Each department shall maintain reading and study materials for
its current written examination and the reading list for the last 2
written examinations for each rank and shall make these materials
available and accessible at each duty station.
Section 40. Seniority points.
(a) Seniority points shall be based only upon service with the
affected department and shall be calculated as of the date of the
written examination. The weight of this component and its computation
shall be determined by the appointing authority or through a collective
bargaining agreement.
(b) A seniority list shall be posted before the written
examination is given and before the preliminary promotion list is
compiled. The seniority list shall include the seniority date, any
breaks in service, the total number of eligible years, and the number
of seniority points.
Section 45. Ascertained merit.
(a) The promotion test may include points for ascertained merit.
Ascertained merit points may be awarded for education, training, and
certification in subjects and skills related to the fire service. The
basis for granting ascertained merit points, after the effective date
of this Act, shall be published at least one year prior to the date
ascertained merits points are awarded and all persons eligible to
compete for promotion shall be given an equal opportunity to obtain
ascertained merit points unless otherwise agreed to in a collective
bargaining agreement.
(b) Total points awarded for ascertained merit shall be posted
before the written examination is administered and before the promotion
list is compiled.
Section 50. Subjective evaluation.
(a) A promotion test may include a subjective evaluation
component. Subjective evaluations may include an oral interview,
tactical evaluation, performance evaluation, or other component based
on subjective evaluation of the examinee. The methods used for
subjective evaluations may include using any employee assessment
centers, evaluation systems, chief's points, or other methods.
[January 30, 2002] 22
(b) Any subjective component shall be identified to all candidates
prior to its application, be job related, and be applied uniformly to
all candidates. Every examinee shall have the right to documentation of
(i) his or her score on the subjective component upon the completion of
the subjective examination component or its application and (ii) an
explanation of the basis or reasons for the score awarded. Where
chief's points or other subjective methods are employed that are not
amenable to monitoring, monitors shall not be required, but any
disputes as to the results of such methods shall be subject to
resolution in accordance with any collectively bargained grievance
procedure in effect at the time of the test.
(c) Where performance evaluations are used as a basis for
promotions, they shall be given annually and made readily available to
each candidate for review and they shall include any disagreement or
documentation the employee provides to refute or contest the
evaluation.
(d) Total points awarded for subjective components shall be posted
before the written examination is administered and before the promotion
list is compiled.
Section 55. Veterans' preference. A person on a preliminary
promotion list who is eligible for veteran's preference under any law
or agreement applicable to an affected department may file a written
application for that preference within 10 days after the initial
posting of the preliminary promotion list. The veteran's preference
shall be calculated as provided in the applicable law and added to the
applicant's total score on the preliminary promotion list. Any person
who has received a promotion from a promotion list on which his or her
position was adjusted for veteran's preference, under this Act or any
other law, shall not be eligible for any subsequent veteran's
preference under this Act.
Section 60. Right to review. Any affected person or party who
believes that an error has been made with respect to eligibility to
take an examination, examination result, placement or position on a
promotion list, or veteran's preference shall be entitled to a review
of the matter by the appointing authority or as otherwise provided by
law in this Act. This Section is not exclusive and does not limit any
right to seek review or redress under any other law or agreement.
Section 65. Violations.
(a) A person who knowingly divulges or receives test questions or
answers before a written examination, or otherwise knowingly violates
or subverts any requirement of this Act commits a violation of this
Act and may be subject to charges for official misconduct.
(b) A person who is the knowing recipient of test information in
advance of the examination shall be disqualified from the promotion
examination or demoted from the rank to which he was promoted, as
applicable and otherwise subjected to disciplinary actions.
Section 900. The State Mandates Act is amended by adding Section
8.25 as follows:
(30 ILCS 805/8.25 new)
Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of the
92nd General Assembly.
Section 999. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
RESOLUTIONS
HOUSE RESOLUTION 611 was taken up for consideration.
Representative Daniels moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
23 [January 30, 2002]
RESOLUTION
The following resolutions were offered and placed in the Committee
on Rules.
HOUSE RESOLUTION 614
Offered by Representative Delgado:
WHEREAS, Puerto Rico, a self-governing commonwealth in association
with the United States, has suffered over 24,000 net job losses since
1996, which makes Puerto Rico the U.S. jurisdiction with the largest
percentage decline in manufacturing jobs; and
WHEREAS, The Governor of Puerto Rico is proposing a federal tax
incentive to stimulate investment and job creation in Puerto Rico; and
WHEREAS, This proposal is in HR 2550, The Economic Revitalization
Tax Act of 2001, that was introduced in Congress July 18, 2001; and
WHEREAS, The Economic Revitalization Act of 2001 contains
amendments to Section 956 of the United States Internal Revenue Code to
provide tax incentives for U.S. companies doing business in Puerto Rico
to remain in Puerto Rico, instead of leaving for competing foreign
countries, and to promote sustained economic development, job creation,
and the repatriation of capital in Puerto Rico; and
WHEREAS, The revenue loss to the U.S. Treasury from the "Section
956 amendments" will be significantly less than an extension of the
current tax incentive (Section 30A) which will expire in 2005; and
WHEREAS, Enactment of the "Section 956 amendments" is in the best
interests of the United States and Puerto Rico; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we support the "Section
956 Amendments" to the United States Internal Revenue Code contained in
HR 2550 and urge the United States Congress and the President to enact
those provisions into law; and be it further
REVOLVED, That copies of this resolution be sent to the Speaker of
the House of Representatives, Dennis Hastert, the Senate Majority
leader, Thomas Daschle, the President of the United States, George W.
Bush, and to each member of the Illinois congressional delegation.
HOUSE RESOLUTION 616
Offered by Representative Franks:
WHEREAS, Many senior citizens and disabled residents of Illinois
need financial assistance in securing prescription drugs that will
enable them to maintain or improve their health and avoid
institutionalization; and
WHEREAS, The United States Congress has failed to enact any
legislation providing for prescription drug coverage for Medicare
beneficiaries, even though there is a dire need for such legislation;
and
WHEREAS, The General Assembly has taken steps to make a program of
pharmacy assistance available to low-income senior citizens; and
WHEREAS, Public Act 92-10 authorizes the Department of Public Aid
to seek a waiver of otherwise applicable requirements of Title XIX of
the Social Security Act in order to claim federal financial
participation for a pharmacy assistance program for persons aged 65 or
over with income levels at or less than 250% of the federal poverty
level; and
WHEREAS, On July 31, 2001 the Department of Public Aid submitted to
the federal Centers for Medicare and Medicaid Services a Section 1115
Medicaid Research and Demonstration Waiver Application, providing for a
pharmaceutical benefit for Illinois' low-income seniors and providing
enhanced access to primary care; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the federal
Centers for Medicare and Medicaid Services to approve the Section 1115
Medicaid Research and Demonstration Waiver Application submitted by the
Department of Public Aid; and be it further
[January 30, 2002] 24
RESOLVED, That a suitable copy of this Resolution be sent to the
Director, Center for Medicaid and State Operations, Centers for
Medicare and Medicaid Services.
HOUSE RESOLUTION 623
Offered by Representative Franks:
WHEREAS, The Federal Communications Commission (FCC) currently
requires 11-digit dialing when an overlay area code is implemented; and
WHEREAS, The FCC's 11-digit dialing mandate is a needless
inconvenience for residential and business consumers; and
WHEREAS, On December 28, 2001, the FCC reversed its
long-standing opposition to wireless-only overlays, signaling that the
agency is potentially reconsidering its area code policies; and
WHEREAS, The Citizens Utility Board (CUB) has filed a petition
with the FCC asking the agency to permanently waive the 11-digit
dialing mandate in the 847 region; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF ILLINOIS,
that we urge the Illinois Commerce Commission to limit McHenry County
to its two existing area codes, 815 and 847; and be it further
RESOLVED, That the Illinois Commerce Commission permanently waive
the 11-digit dialing mandate in McHenry County's two existing area
codes; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the Chairman and each member of the Illinois Commerce Commission.
HOUSE RESOLUTION 624
Offered by Representative Daniels:
WHEREAS, President Ronald Wilson Reagan, a man of humble
background, worked throughout his life serving the cause of freedom and
advancing the public good, having been employed as an entertainer,
union leader, corporate spokesman, Governor of California, and
President of the United States; and
WHEREAS, Ronald Reagan served with honor and distinction for two
terms as the 4Oth President of the United States of America, the second
of which he was victorious in 49 out of the 50 states in the general
election, earning the confidence of three-fifths of the electorate - a
record unsurpassed in the history of American presidential elections;
and
WHEREAS, In 1981, when Ronald Reagan was inaugurated President, he
inherited a disillusioned nation shackled by rampant inflation and high
unemployment; and
WHEREAS, During Mr. Reagan's presidency, he worked in a bipartisan
manner to enact his bold agenda of restoring accountability and common
sense to Government, which led to an unprecedented economic expansion
and opportunity for millions of Americans; and
WHEREAS, Mr. Reagan's commitment to an active social policy agenda
for the nation's children helped lower crime and drug use in our
neighborhoods; and
WHEREAS, President Reagan's commitment to our armed forces
contributed to the restoration of pride in America, her values, and
those cherished by the free world and prepared America's Armed Forces
to win the Gulf War; and
WHEREAS, President Reagan's "vision of peace through strength" led
to the end of the Cold War and the ultimate demise of the Soviet Union,
guaranteeing basic human rights for millions of people; and
WHEREAS, On February 6, 2002, Ronald Reagan will celebrate his 91st
birthday, thus becoming the oldest living former President; therefore,
be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we designate February
6, 2002, as "President Ronald Reagan Day" in the State of Illinois, in
honor of our former President; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
President Ronald Reagan as an expression of our esteem; and be it
25 [January 30, 2002]
further
RESOLVED, That the Illinois House of Representatives congratulates
Congressman J. Dennis Hastert, Speaker of the House of Representatives,
on his successful effort to establish the Ronald Reagan Boyhood Home
National Historic Site in Dixon; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Congressman J. Dennis Hastert as an expression of our esteem.
HOUSE JOINT RESOLUTION 56
Offered by Representative Madigan:
WHEREAS, The members of the Illinois General Assembly are pleased
to recognize milestone events in the history of organizations that
serve the citizens of the State of Illinois; and
WHEREAS, The Chicago Association of Realtors, Inc. and its
corporate predecessors have been an active real estate association in
Illinois since 1883 when the Chicago Real Estate Board was founded on
January 11, 1883; and
WHEREAS, The Chicago Association of Realtors, Inc. played a key
role in the establishment of both the National Association of Real
Estate Boards, the predecessor to the National Association of Realtors,
in 1908, and the Real Estate Association of Illinois, the predecessor
to the Illinois Association of Realtors, in 1916; and
WHEREAS, The Chicago Association of Realtors, Inc. services nearly
8,600 members and is the third largest local real estate board in the
country; and
WHEREAS, The Chicago Association of Realtors, Inc. was one of the
first real estate associations in the United States to form an
international chapter and has entered into Ambassador Agreements with
several countries, including Poland, Ireland, and the Czech Republic;
and
WHEREAS, The members of The Chicago Association of Realtors, Inc.
and their offices are located and serve in, among other places, the
City of Chicago and in each of the six collar counties; and
WHEREAS, The members of The Chicago Association of Realtors, Inc.
provide diverse and specialized services in the City of Chicago and the
six collar county area in the fields of appraisals; buyer brokerage;
commercial, industrial, and retail development; consulting services;
estates; foreclosures; international affairs; investments; leasing;
luxury homes; property management; and property rehabilitation; and
WHEREAS, In addition to the unmatched array of member programs,
products and services that The Chicago Association of Realtors, Inc.
provides to its members, the Association also owns and operates the
REALTORS Real Estate School and the Real Estate Education Company to
provide critical real estate continuing education resources to real
estate professionals in Chicago and the surrounding Illinois and
Indiana counties; and
WHEREAS, The Chicago Association of Realtors, Inc. also owns and
operates the Real Mark flyer distribution service which provides real
estate information on a daily basis to real estate professionals in
Chicago and all parts of northern Illinois; and
WHEREAS, The Chicago Association of Realtors", Inc. has for many
years developed and distributed uniform lease and other common real
estate forms that are used and relied on by real estate professionals
in Chicago and throughout Illinois; and
WHEREAS, Beyond the services it provides to its members and real
estate professionals, The Chicago Association of Realtors", Inc. has
advocated on local, regional, state, and federal issues relating to the
protection of private property rights and consumers, seller disclosure
initiatives, and against undue taxation; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that we honor The Chicago Association of Realtors, Inc. and its
members as the Association enters its 120th year of providing real
estate services to real estate professionals from Chicago and around
the State of Illinois; and be it further
[January 30, 2002] 26
RESOLVED, That a suitable copy of this resolution be presented to
The Chicago Association of Realtors", Inc. as an expression of our
esteem.
HOUSE JOINT RESOLUTION 57
Offered by Representative Bellock:
WHEREAS, The State is committed to providing high quality special
education services at the elementary and secondary levels for children
with disabilities; and
WHEREAS, State funding is critically important to providing these
educational services; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that there is created the Special Education Funding Task Force
consisting of 17 members as follows:
(1) four members appointed from the House of Representatives, with
2 members appointed by the Speaker and 2 members appointed by the
Minority leader;
(2) four members appointed from the Senate, 2 members appointed by
the President and 2 members appointed by the Minority Leader;
(3) the State Superintendent of Education or his or her designee;
(4) five members appointed by the State Superintendent of
Education, recommended one each by the following:
(A) the Illinois Association of School Boards;
(B) the Illinois Association of School Administrators;
(C) the Illinois Administration of Special Education;
(D) the Illinois Federation of Teachers; and
(E) the Illinois Education Association;
(5) three members who are parents of children with disabilities,
appointed by the State Superintendent of Education, recommended one
each by the following:
(A) the Learning Disabilities Association of Illinois;
(B) the Illinois Association of Private Special Education
Centers; and
(C) the Coalition of Citizens with Disabilities in Illinois;
and be it further
RESOLVED, That a majority of the legislative appointees shall
select a legislative member of the Task Force to serve as chairperson;
and be it further
RESOLVED, That members of the Task Force must be appointed as soon
as possible after this resolution has been adopted by both houses and
that a vacancy on the Task Force must be filled by appointment of the
original appointing authority; and be it further
RESOLVED, That the Task Force has the following objectives:
(1) to conduct a series of public hearings throughout the State to
discuss with citizens and experts in special education the ways that
the State can improve and increase special education funding;
(2) to develop a set of statewide special education funding goals;
(3) to propose legislation and identify revenue sources to meet
the goals;
(4) to review State and regional special education funding
policies to determine their impact on schools and school districts and
recommend appropriate changes in policies and funding priorities; and
(5) to review the funding policies of other states to identify
successful funding policies that could be adapted for Illinois; and be
it further
RESOLVED, That the Task Force shall receive the assistance of
legislative staff, legislative agencies, and, upon request, private and
public organizations; and be it further
RESOLVED, That the members of the Task Force shall serve without
compensation but be reimbursed for their reasonable and necessary
expenses from funds appropriated for that purpose; and be it further
RESOLVED, That the Special Education Funding Task Force shall meet
as soon as possible after the members have been appointed, shall hold
public hearings, and shall report its findings and recommendations to
27 [January 30, 2002]
the General Assembly by January 1, 2003.
HOUSE JOINT RESOLUTIONS
CONSTITUTIONAL AMENDMENTS
FIRST READING
Representative Lindner introduced the following:
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 9
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that there shall be submitted to the electors of the State for
adoption or rejection at the general election next occurring at least 6
months after the adoption of this resolution a proposition to amend
Sections 1, 2, and 3 of Article IV and Section 1 of Article XIV of the
Illinois Constitution as follows:
ARTICLE IV
THE LEGISLATURE
(ILCON Art. IV, Sec. 1)
SECTION 1. LEGISLATURE - POWER AND STRUCTURE
The legislative power is vested in a General Assembly consisting of
a Senate and a House of Representatives, elected by the electors from
59 Senatorial Legislative Districts and 119 118 Representative
Districts.
(Source: Amendment adopted at general election November 4, 1980.)
(ILCON Art. IV, Sec. 2)
SECTION 2. LEGISLATIVE COMPOSITION
(a) One Senator shall be elected from each Senatorial Legislative
District. Immediately following each decennial redistricting, the
General Assembly by law shall divide the Senatorial Legislative
Districts as equally as possible into three groups. Senators from one
group shall be elected for terms of four years, four years and two
years; Senators from the second group, for terms of four years, two
years and four years; and Senators from the third group, for terms of
two years, four years and four years. The Senatorial Legislative
Districts in each group shall be distributed substantially equally over
the State.
(b) Each Legislative District shall be divided into two
Representative Districts. In 1982 and every two years thereafter One
Representative shall be elected from each Representative District for a
term of two years.
(c) To be eligible to serve as a member of the General Assembly, a
person must be a United States citizen, at least 21 years old, and for
the two years preceding his election or appointment a resident of the
district which he is to represent. In the general election following a
redistricting, a candidate for the General Assembly may be elected from
any district which contains a part of the district in which he resided
at the time of the redistricting and reelected if a resident of the new
district he represents for 18 months prior to reelection.
(d) Within thirty days after a vacancy occurs, it shall be filled
by appointment as provided by law. If the vacancy is in a Senatorial
office with more than twenty-eight months remaining in the term, the
appointed Senator shall serve until the next general election, at which
time a Senator shall be elected to serve for the remainder of the term.
If the vacancy is in a Representative office or in any other Senatorial
office, the appointment shall be for the remainder of the term. An
appointee to fill a vacancy shall be a member of the same political
party as the person he succeeds.
(e) No member of the General Assembly shall receive compensation
as a public officer or employee from any other governmental entity for
time during which he is in attendance as a member of the General
Assembly.
No member of the General Assembly during the term for which he was
[January 30, 2002] 28
elected or appointed shall be appointed to a public office which shall
have been created or the compensation for which shall have been
increased by the General Assembly during that term.
(Source: Amendment adopted at general election November 4, 1980.)
(ILCON Art. IV, Sec. 3)
SECTION 3. LEGISLATIVE REDISTRICTING
(a) Senatorial Legislative Districts shall be compact, contiguous
and substantially equal in population. Representative Districts shall
be compact, contiguous, and substantially equal in population. A
Representative District need not be entirely within a single Senatorial
District.
(b) By April 15 of the year following each Federal decennial
census year, the State Board of Elections, by a record vote of a
majority of the total number of members authorized by law as provided
in Section 5 of Article III, shall designate a computer program for
redistricting the Senate and House of Representatives that meets the
requirements of this Section. The designation shall include detailed
specifications of the computer program.
Any computer program designated by the State Board of Elections
under this Section shall embody the following standards and criteria,
as defined by Common Law, in this order of priority:
(1) contiguity;
(2) substantial equality of population;
(3) compactness;
(4) minimization of the number of districts that cross county
or municipal boundaries; and
(5) a fair reflection of minority voting strength.
Any computer program designated by the State Board of Elections under
this Section shall not consider the following data:
(1) residency of incumbent legislators;
(2) political affiliations of registered voters;
(3) previous election results; and
(4) demographic information not required to be used by this
Section or by the United States Constitution or federal law.
Except as specified in this Section, the computer program shall produce
districts in a random manner.
The Senate, by resolution adopted by a record vote of three-fifths
of the members elected, may by June 15 of that year designate a
different computer program for redistricting the Senate. The House of
Representatives, by a resolution adopted by a record vote of
three-fifths of the members elected, may by June 15 of that year
designate a different computer program for redistricting the House of
Representatives.
(c) (b) In the year following each Federal decennial census year,
(i) the Senate, by resolution adopted by a record vote of three-fifths
of the members elected, General Assembly by law shall redistrict the
Senatorial Legislative Districts and (ii) the House of Representatives,
by resolution adopted by a record vote of three-fifths of the members
elected, shall redistrict the Representative Districts. Each adopted
redistricting resolution shall be filed with the Secretary of State by
the presiding officer of the house that adopted the resolution.
(d) If a Senatorial or Representative redistricting resolution is
not adopted and effective by June 15 of that year, the State Board of
Elections, as soon thereafter as is practicable, shall produce a
Senatorial or Representative redistricting plan, or both as the case
may be, through the use of the computer program designated by the
affected chamber, if it made a designation under subsection (b), or
else through the use of the computer program designated by the State
Board of Elections under that subsection. The State Board of Elections
shall file the redistricting plan with the Secretary of State.
If no redistricting plan becomes effective by June 30 of that year,
a Legislative Redistricting Commission shall be constituted not later
than July 10. The Commission shall consist of eight members, no more
than four of whom shall be members of the same political party. The
Speaker and Minority Leader of the House of Representatives shall each
appoint to the Commission one Representative and one person who is not
29 [January 30, 2002]
a member of the General Assembly. The President and Minority Leader of
the Senate shall each appoint to the Commission one Senator and one
person who is not a member of the General Assembly. The members shall
be certified to the Secretary of State by the appointing authorities. A
vacancy on the Commission shall be filled within five days by the
authority that made the original appointment. A Chairman and Vice
Chairman shall be chosen by a majority of all members of the
Commission. Not later than August 10, the Commission shall file with
the Secretary of State a redistricting plan approved by at least five
members.
If the Commission fails to file an approved redistricting plan, the
Supreme Court shall submit the names of two persons, not of the same
political party, to the Secretary of State not later than September 1.
Not later than September 5, the Secretary of State publicly shall
draw by random selection the name of one of the two persons to serve as
the ninth member of the Commission.
Not later than October 5, the Commission shall file with the
Secretary of State a redistricting plan approved by at least five
members.
(e) A An approved redistricting plan, adopted by redistricting
resolution or produced by the State Board of Elections, that is filed
with the Secretary of State shall be presumed valid, shall have the
same force and effect as a of law, and shall be published promptly by
the Secretary of State.
(f) The Supreme Court shall have original and exclusive
jurisdiction over actions concerning redistricting the House and
Senate, which shall be initiated in the name of the People of the State
by the Attorney General.
(Source: Amendment adopted at general election November 4, 1980.)
ARTICLE XIV
CONSTITUTIONAL REVISION
(ILCON Art. XIV, Sec. 1)
SECTION 1. CONSTITUTIONAL CONVENTION
(a) Whenever three-fifths of the members elected to each house of
the General Assembly so direct, the question of whether a
Constitutional Convention should be called shall be submitted to the
electors at the general election next occurring at least six months
after such legislative direction.
(b) If the question of whether a Convention should be called is
not submitted during any twenty-year period, the Secretary of State
shall submit such question at the general election in the twentieth
year following the last submission.
(c) The vote on whether to call a Convention shall be on a
separate ballot. A Convention shall be called if approved by
three-fifths of those voting on the question or a majority of those
voting in the election.
(d) The General Assembly, at the session following approval by the
electors, by law shall provide for the Convention and for the election
of two delegates from each Senatorial Legislative District; designate
the time and place of the Convention's first meeting which shall be
within three months after the election of delegates; fix and provide
for the pay of delegates and officers; and provide for expenses
necessarily incurred by the Convention.
(e) To be eligible to be a delegate a person must meet the same
eligibility requirements as a member of the General Assembly. Vacancies
shall be filled as provided by law.
(f) The Convention shall prepare such revision of or amendments to
the Constitution as it deems necessary. Any proposed revision or
amendments approved by a majority of the delegates elected shall be
submitted to the electors in such manner as the Convention determines,
at an election designated or called by the Convention occurring not
less than two nor more than six months after the Convention's
[January 30, 2002] 30
adjournment. Any revision or amendments proposed by the Convention
shall be published with explanations, as the Convention provides, at
least one month preceding the election.
(g) The vote on the proposed revision or amendments shall be on a
separate ballot. Any proposed revision or amendments shall become
effective, as the Convention provides, if approved by a majority of
those voting on the question.
(Source: Illinois Constitution.)
SCHEDULE
This Constitutional Amendment takes effect beginning with
redistricting in 2011 and applies to the election of members of the
General Assembly in 2012 and thereafter.
The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 9 was
taken up, read in full a first time, ordered printed and placed in the
Committee on Rules.
At the hour of 3:50 o'clock p.m., Representative Currie moved that
the House do now adjourn until Thursday, January 31, 2002, at 12:00
o'clock noon.
The motion prevailed.
And the House stood adjourned.
31 [January 30, 2002]
NO. 1
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
JAN 30, 2002
0 YEAS 0 NAYS 114 PRESENT
P ACEVEDO P ERWIN P LAWFER P PARKE
P BASSI P FEIGENHOLTZ P LEITCH P POE
P BEAUBIEN P FLOWERS P LINDNER P REITZ
P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER
P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD
P BIGGINS P FRANKS P MARQUARDT P RYAN
P BLACK P FRITCHEY P MATHIAS P SAVIANO
P BOLAND P GARRETT P MAUTINO P SCHMITZ
P BOST P GILES P MAY P SCHOENBERG
P BRADLEY P GRANBERG P McAULIFFE P SCULLY
P BRADY P HAMOS P McCARTHY P SIMPSON
P BROSNAHAN P HANNIG P McGUIRE P SLONE
P BRUNSVOLD P HARTKE P McKEON E SMITH
E BUGIELSKI P HASSERT P MENDOZA E SOMMER
P BURKE P HOEFT P MEYER P SOTO
P CAPPARELLI P HOFFMAN P MILLER P STEPHENS
P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE
P COLVIN P HOWARD P MITCHELL,JERRY P TURNER
P COULSON P HULTGREN P MOFFITT P WAIT
P COWLISHAW P JEFFERSON P MORROW P WATSON
P CROSS P JOHNSON P MULLIGAN P WINKEL
P CROTTY P JONES,JOHN P MURPHY P WINTERS
P CURRIE P JONES,LOU P MYERS P WIRSING
P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK
P DANIELS P KENNER P O'BRIEN P WRIGHT
P DART P KLINGLER P O'CONNOR P YARBROUGH
E DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE
P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS
P DELGADO P KURTZ P PANKAU P MR. SPEAKER
P DURKIN P LANG
E - Denotes Excused Absence
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