STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
144TH LEGISLATIVE DAY
TUESDAY, NOVEMBER 19, 2002
1:00 0'CLOCK P.M.
NO. 144
[November 19, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 144th Legislative Day Action Page(s) Adjournment........................................ 10 Change of Sponsorship.............................. 7 Committee on Rules Referrals....................... 5 Letter of Transmittal.............................. 3 Quorum Roll Call................................... 3 Temporary Committee Assignments.................... 3 Bill Number Legislative Action Page(s) HB 0002 Committee Report................................... 5 HB 1215 Committee Report - Concur in SA.................... 5 HB 2058 Amendatory Veto.................................... 9 HB 2058 Motion Submitted................................... 6 HB 2271 Amendatory Veto.................................... 8 HB 2271 Committee Report................................... 5 HB 2271 Motion Submitted................................... 5 HB 4074 Committee Report................................... 5 HB 4074 Motion Submitted................................... 5 HB 4179 Committee Report................................... 5 HB 4610 Committee Report................................... 5 HB 4938 Committee Report................................... 5 HB 4938 Motion Submitted................................... 5 HB 5610 Amendatory Veto.................................... 8 HB 5610 Motion Submitted................................... 6 HB 5652 Motion Submitted................................... 6 HB 6306 Committee Report................................... 6 HJR 0087 Adoption........................................... 9 HR 1066 Resolution......................................... 7 SB 0980 Committee Report................................... 5 SB 0980 Recall............................................. 8
3 [November 19, 2002] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Hartke 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: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Dart and Kenner were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Osterman replaced Representative McCarthy, and Representative Hamos replaced Representative Dart in the Committee on Urban Revitalization Committee on September 19, 2002. Representative Klingler replaced Representative Berns, and Representative Slone replaced Representative McCarthy in the Committee on Urban Revitalization on October 9, 2002. Representative Hamos replaced Representative Dart in the Committee on Urban Revitalization on September 4, 2002. Representative May replaced Representative Holbrook, and Representative Garrett replaced Representative Novak in the Committee on Environment & Energy on September 23, 2002. Representative Curry replaced Representative Soto in the Committee on Energy & Environment Sub-Committee on July 29, 2002. Representative Howard replaced Representative Lou Jones in the Committee on Judiciary II on June 27, 2002. Representative Forby replaced Representative Joseph Lyons, Representative Reitz replaced Representative Hoffman, Representative Hartke replaced Representative Franks, and Representative Hannig replaced Representative Colvin in the Committee on Appropriations Public Safety on November 18, 2002. Representative Joseph Lyons replaced Representative Hannig in the Committee on Rules on November 12, 2002. Representative Mendoza replaced Representative Turner, and Representative Joseph Lyons replaced Representative Hannig in the Committee on Rules on November 14, 2002. LETTER OF TRANSMITTAL November 15, 2002 Mr. Anthony Rossi Chief Clerk of the House 115 State House Springfield, Illinois 62706 Dear Mr. Rossi: I do hereby grant signature authority for fiscal notes filed by the Illinois Department of Public Aid to this Agency's Legislative Liaison, Bill Dart. A specimen of his signature is provided below: s/Bill Dart If you have any questions, please contact Eappen Thomas, Deputy Chief Internal Auditor, at (217) 557-4705. Sincerely, s/A. George Hovanee
[November 19, 2002] 4 Acting Director DAN RUTHERFORD State Representative * 87th District Assistant Republican Leader November 15, 2002 Honorable Lee A. Daniels 316 State House Springfield, Illinois 62706 Dear Leader, Effective today, November 15, 2002 I am submitting my resignation from the Leadership team of the House Republican Caucus. I have absolutely enjoyed my years being a part of your Leadership team. I am honored that you chose me to serve under your guidance. However, as I prepare for my new role as Illinois State Senator, I am becoming increasingly more time-committed to preparing for my move to the Senate Chambers. For time reasons, I feel it is only fair to the House Republican Caucus to conclude my service as Assistant Minority Leader. I thank you for the opportunities you have afforded me during my service in the Illinois House of Representatives. I look forward to working with you in serving the people of Illinois in the future. I also want to add my personal thanks to you for the many years of dedicated service as our leader. Sincerely, s/Dan Rutherford ILLINOIS HOUSE OF REPRESENTATIVES LEE A. DANIELS REPUBLICAN LEADER November 19, 2002 Honorable Daniel Hynes Illinois State Comptroller 201 State House Springfield, IL 62706 Dear Comptroller Hynes: Please be advised that I am appointing Representative Mary Lou Cowlishaw to fill the vacancy as Assistant Republican Leader created by the resignation of Representative Dan Rutherford (resignation letter attached). Also, Representative Dan Rutherford will replace Representative Mary Lou Cowlishaw as the Republican Spokesman of the House Elementary & Secondary Education Committee for the remainder of the 92nd General Assembly. Please be advised that these appointments are to be effective November 15, 2002. If you have any questions, feel free to contact Laura Anderson, Chief of Staff at (217) 782-5104. Sincerely, s/Lee A. Daniels House Republican Leader REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to
5 [November 19, 2002] which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the motion be reported "recommends be adopted": Motion to Accept Amendatory Veto Motions No. 1 on HOUSE BILLS 2, 2271, 4074, 4179, 4610 and 4938. That the bill be reported "approved for consideration" and placed on the House Calendar: SENATE BILL 980. That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendments numbered 1 and 3 to HOUSE BILL 1215. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross Y Tenhouse, Spkpn Y Turner, Art (Hartke) 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 Appropriations-Public Safety: HOUSE BILL 6306. Committee on Elementary & Secondary Education: SENATE BILL 1240. Committee on Executive: SENATE BILL 2291. Committee on Health Care Availability & Access: HOUSE BILL 2787. Representative Coulson submitted the following written motion, which was placed on the order of Motions: MOTION I move to accept the specific recommendations of the Governor as to HOUSE BILL 2271 in manner and form as follows: AMENDMENT TO HOUSE BILL 2271 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 2271 on page 13, line 13, by replacing "The" with "Beginning January 1, 2004, the"; and on page 13, line 15, by replacing "A" with "Beginning January 1, 2004, a". Representative Acevedo submitted the following written motion, which was placed on the order of Motions: MOTION I move to accept the specific recommendations of the Governor as to HOUSE BILL 4074 in manner and form as follows: AMENDMENT TO HOUSE BILL 4074 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 4074 as follows: on page 2, line 34, after the period, by inserting the following: "A retired law enforcement officer may be certified by the Illinois State Police only to (i) prepare petitions for the authority to intercept private oral communications in accordance with the provisions of this Act; (ii) intercept and supervise the interception of private oral communications; (iii) handle, safeguard, and use evidence derived from such private oral communications; and (iv) operate and maintain equipment used to intercept private oral communications.". Representative McGuire submitted the following written motion, which was placed on the order of Motions: MOTION I move to accept the specific recommendations of the Governor as to
[November 19, 2002] 6 HOUSE BILL 4938 in manner and form as follows: RETRIEVE AMENDMENT HERE! Representative Burke submitted the following written motion, which was placed on the order of Motions: MOTION I move to accept the specific recommendations of the Governor as to HOUSE BILL 5610 in manner and form as follows: AMENDMENT TO HOUSE BILL 5610 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 5610 on page 1, line 6, by replacing "Section" with "Sections 11-208.2 and"; and on page 1, by inserting between lines 12 and 13 the following: "(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2) Sec. 11-208.2. Limitation on home rule units. The provisions of this Chapter of this Act limit the authority of home rule units to adopt local police regulations inconsistent herewith except pursuant to Sections 11-208,
7 [November 19, 2002] Y Franks (Hartke) Y Pankau, Spkpn Y Hoffman (Reitz) N Saviano Y Johnson Y Schmitz (Watson) A Jones, Lou A Stephens Y Lyons, Joseph (Forby) Y Wait (Klingler) Y Younge CHANGE OF SPONSORSHIP Representative Hartke asked and obtained unanimous consent to be removed as chief sponsor and Representative McKeon asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1240. Representative Stroger asked and obtained unanimous consent to be removed as chief sponsor and Representative Colvin asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 980. RESOLUTION The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 1066 Offered by Representative Flowers: WHEREAS, In the United States, diabetes has reached epidemic proportions; in Illinois alone, more than 510,000 residents have been diagnosed with type 2 diabetes and many others remain undiagnosed or untreated; and WHEREAS, People with diabetes, more than 90% of whom have Type 2 diabetes, can not make enough or properly use insulin, a hormone that is necessary for converting sugar, or glucose, into energy; elevated blood sugar levels are associated with a number of serious complications such as heart attack, stroke, blindness, amputation, and kidney disease; and WHEREAS, There are more than 255,000 people in Illinois who have been diagnosed with diabetes but have not been able to achieve adequate blood sugar control and therefore remain at increased risk for the consequences associated with uncontrolled diabetes; and WHEREAS, A1c, a test that measures blood glucose levels over a two to three month period, is considered the standard for assessing blood sugar control; an A1c level below 7% is the goal that is established by the American Diabetes Association (ADA), and achieving this level is important to help reduce the risk of complications; however, more than half of Americans with diabetes undergoing treatment have unacceptably high blood sugar levels; and WHEREAS, There is a great need for the community at large to commit to ensuring that diabetes is properly monitored and treated in the United States; we must help people living with diabetes to live healthy lives as well as Aim for, Believe in, and Achieve an A1c of less than 7%; physicians must also be encouraged to work cooperatively with their patients to optimize treatment and management of diabetes; barriers to service must be removed through the improvement of the existing patient care structure; finally, if a patient has an A1c level higher than 7%, we must ensure that he or she is taking advantage of every possible resource to achieve his or her target A1c level; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we challenge all citizens in Illinois to help everyone affected by diabetes to Aim for, Believe in, and Achieve an A1c of less than 7%; that anyone affected by diabetes, whether a practitioner, educator, policy-maker, patient, or caregiver, is urged to pledge his or her commitment to advancing this cause to help ensure that those with diabetes are living healthier lives; and it be further
[November 19, 2002] 8 RESOLVED, That a suitable copy of this resolution be presented to the American Diabetes Association. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 1:05 o'clock p.m. RECALLS By unanimous consent, on motion of Representative Colvin, SENATE BILL 980 was recalled from the order of Third Reading to the order of Second Reading and held on that order. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Poe moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 5610, by adoption of the following amendment: AMENDMENT TO HOUSE BILL 5610 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 5610 on page 1, line 6, by replacing "Section" with "Sections 11-208.2 and"; and on page 1, by inserting between lines 12 and 13 the following: "(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2) Sec. 11-208.2. Limitation on home rule units. The provisions of this Chapter of this Act limit the authority of home rule units to adopt local police regulations inconsistent herewith except pursuant to Sections 11-208,
9 [November 19, 2002] on page 13, line 15, by replacing "A" with "Beginning January 1, 2004, a". And on that motion, a vote was taken resulting as follows: 96, Yeas; 20, Nays; 0, Answering Present. (ROLL CALL 3) This motion, having received the votes of a constitutional majority of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change. Pursuant to the Motion submitted previously, Representative Johnson moved that HOUSE BILL 2058 do pass, the Governor's Specific Recommendations for Change notwithstanding. A three-fifths vote is required. And on that motion, a vote was taken resulting as follows: 84, Yeas; 30, Nays; 1, Answering Present. (ROLL CALL 4) The motion, having received the votes of three-fifths of the Members elected, prevailed and the bill was declared passed, the Governor's Specific Recommendations for Change notwithstanding. Ordered that the Clerk inform the Senate and ask their concurrence. RESOLUTIONS HOUSE JOINT RESOLUTION 87 was taken up for consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. At the hour of 1:50 o'clock p.m., Representative Currie moved that the House do now adjourn until Wednesday, November 20, 2002, at 1:00 o'clock p.m. The motion prevailed. And the House stood adjourned.
[November 19, 2002] 10 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 19, 2002 0 YEAS 0 NAYS 116 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER P STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS E KENNER P O'BRIEN P WRIGHT E DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
11 [November 19, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 5610 VEH CD-ELECTRIC MOBILITY DEVIC ACCEPT AMENDATORY VETO PREVAILED NOV 19, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT E DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[November 19, 2002] 12 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2271 MASSAGE LICENSING ACT ACCEPT AMENDATORY VETO PREVAILED NOV 19, 2002 96 YEAS 20 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER N REITZ Y BELLOCK N FORBY Y LYONS,EILEEN N RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS N FRANKS Y MARQUARDT Y RYAN N BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND N GARRETT Y MAUTINO Y SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT N WAIT Y COWLISHAW Y JEFFERSON Y MORROW N WATSON Y CROSS Y JOHNSON Y MULLIGAN N WINKEL Y CROTTY N JONES,JOHN Y MURPHY N WINTERS Y CURRIE Y JONES,LOU N MYERS Y WIRSING N CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER N O'BRIEN Y WRIGHT E DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ N PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
13 [November 19, 2002] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2058 OVERRIDE AMENDATORY VETO PREVAILED THREE-FIFTHS VOTE REQUIRED NOV 19, 2002 84 YEAS 30 NAYS 1 PRESENT Y ACEVEDO N ERWIN Y LAWFER Y PARKE Y BASSI N FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN N FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK P FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND N GARRETT Y MAUTINO Y SCHMITZ Y BOST N GILES N MAY A SCHOENBERG N BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY N HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE N SLONE Y BRUNSVOLD Y HARTKE N McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER N SOTO Y CAPPARELLI Y HOFFMAN N MILLER Y STEPHENS N COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE N COLVIN N HOWARD Y MITCHELL,JERRY N TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW N JEFFERSON N MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL N CROTTY Y JONES,JOHN N MURPHY Y WINTERS N CURRIE N JONES,LOU Y MYERS Y WIRSING Y CURRY N JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS E KENNER N O'BRIEN Y WRIGHT E DART Y KLINGLER Y O'CONNOR N YARBROUGH N DAVIS,MONIQUE Y KOSEL Y OSMOND N YOUNGE Y DAVIS,STEVE Y KRAUSE N OSTERMAN Y ZICKUS N DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN N LANG E - Denotes Excused Absence