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STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
145TH LEGISLATIVE DAY
WEDNESDAY, NOVEMBER 20, 2002
2:00 O'CLOCK P.M.
NO. 145
[November 20, 2002] 2
HOUSE OF REPRESENTATIVES
Daily Journal Index
145th Legislative Day
Action Page(s)
Adjournment........................................ 54
Change of Sponsorship.............................. 7
Committee on Rules Referrals....................... 5
Introduction and First Reading - HB6315-6319....... 7
Pension Impact Note Requested...................... 5
Pension Impact Note Supplied....................... 5
Quorum Roll Call................................... 4
Temporary Committee Assignments.................... 4
Bill Number Legislative Action Page(s)
HB 0002 Amendatory Veto.................................... 23
HB 2643 Committee Report................................... 4
HB 2643 Committee Report-Floor Amendment/s................. 6
HB 2643 Second Reading - Amendment/s....................... 25
HB 2643 Third Reading...................................... 28
HB 2787 Committee Report................................... 6
HB 2787 Second Reading - Amendment/s....................... 25
HB 4074 Amendatory Veto.................................... 24
HB 4179 Amendatory Veto.................................... 22
HB 4736 Committee Report................................... 4
HB 4736 Committee Report-Floor Amendment/s................. 6
HB 4736 Second Reading - Amendment/s....................... 28
HB 5652 Amendatory Veto.................................... 25
HB 6306 Committee Report-Floor Amendment/s................. 4
HB 6306 Second Reading - Amendment/s....................... 28
HC 0017 Constitutional Amendment - First Reading........... 52
HJR 0088 Resolution......................................... 21
HR 1079 Agreed Resolution.................................. 7
HR 1080 Resolution......................................... 20
HR 1081 Agreed Resolution.................................. 7
HR 1082 Agreed Resolution.................................. 8
HR 1083 Agreed Resolution.................................. 9
HR 1084 Agreed Resolution.................................. 9
HR 1085 Agreed Resolution.................................. 10
HR 1086 Agreed Resolution.................................. 11
HR 1087 Agreed Resolution.................................. 12
HR 1088 Agreed Resolution.................................. 12
HR 1089 Agreed Resolution.................................. 13
HR 1090 Agreed Resolution.................................. 14
HR 1091 Agreed Resolution.................................. 14
HR 1092 Agreed Resolution.................................. 15
HR 1093 Agreed Resolution.................................. 15
HR 1094 Agreed Resolution.................................. 16
HR 1095 Agreed Resolution.................................. 16
HR 1096 Agreed Resolution.................................. 17
HR 1097 Resolution......................................... 20
HR 1098 Resolution......................................... 21
HR 1099 Agreed Resolution.................................. 18
HR 1100 Agreed Resolution.................................. 18
HR 1101 Agreed Resolution.................................. 19
SB 0729 Action on Motion................................... 22
SB 0980 Committee Report-Floor Amendment/s................. 6
SB 0980 Motion Submitted................................... 5
SB 0980 Motion Submitted................................... 5
SB 0980 Second Reading - Amendment/s....................... 48
SB 0980 Third Reading...................................... 51
3 [November 20, 2002]
Bill Number Legislative Action Page(s)
SB 0980 Third Reading...................................... 52
SB 1240 Committee Report................................... 5
SB 1240 Committee Report-Floor Amendment/s................. 4
SB 1240 Second Reading - Amendment/s....................... 29
[November 20, 2002] 4
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by LeeArthur Crawford, Assistant Pastor with the Victory
Temple Church in Springfield, Illinois.
Representative Hassert led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain the
attendance of Members, as follows:
117 present. (ROLL CALL 1)
By unanimous consent, Representative Kenner was excused from
attendance.
REQUEST TO BE SHOWN ON QUORUM
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Hannig, should be
recorded as present.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Klingler replaced Representative Wait,
Representative Watson replaced Representative Schmitz, and
Representative Poe replaced Representative Stephens in the Committee on
Appropriations - Public Safety on November 18, 2002.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson, from the Committee on Rules to
which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the bill be reported "approved for consideration" and be
placed on the order of Second Reading -- Short Debate: HOUSE BILLS
2643 and 4736.
The committee roll call vote on HOUSE BILLS 2643 and 4736 is as
follows:
4, Yeas; 0, Nays; 0, Answering Present.
Y Currie, Chair Y Hannig (Capparelli)
A Cross Y Tenhouse, Spkpn
Y Turner, Art
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to HOUSE BILL 6306.
The committee roll call vote on Amendment No. 2 to HOUSE BILL 6306
is as follows:
4, Yeas; 0, Nays; 0, Answering Present.
Y Currie, Chair Y Hannig (Lang)
A Cross Y Tenhouse, Spkpn
Y Turner, Art
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 3 to SENATE BILL 1240.
The committee roll call vote on Amendment 3 to SENATE BILL 1240 is
as follows:
4, Yeas; 0, Nays; 0, Answering Present.
Y Currie, Chair Y Hannig
A Cross Y Tenhouse, Spkpn
Y Turner, Art
5 [November 20, 2002]
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Executive: House Amendment 1 to SENATE BILL 980.
Committee on Financial Institutions: SENATE BILL 729.
Committee on Human Services: House Amendment 1 to HOUSE BILL 4736.
Committee on State Government Administration: House Amendment 1 to
HOUSE BILL 2643.
MOTIONS
SUBMITTED
Representative Franks submitted the following written motion, which
was placed on the order of Motions:
MOTION
I move to reconsider the vote by which Senate Bill No. 980 lost the
House earlier today.
Representative Black submitted the following written motion, which
was placed on the order of Motions:
MOTION
I move to table the Motion to reconsider the vote by which Senate
Bill No. 980 lost the House earlier today.
REQUEST FOR PENSION IMPACT NOTE
Representative Black requested that a Pension Impact Note be
supplied for SENATE BILL 980, as amended.
PENSION IMPACT NOTE SUPPLIED
A Pension Impact Note has been supplied for SENATE BILL 980, as
amended.
REPORTS FROM STANDING COMMITTEES
Representative Giles, Chairperson, from the Committee on Elementary
& Secondary Education to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: SENATE BILL 1240.
The committee roll call vote on SENATE BILL 1240 is as follows:
18, Yeas; 0, Nays; 0, Answering Present.
Y Giles, Chair Y Johnson
Y Bassi Y Kosel
A Collins Y Krause
Y Cowlishaw, Spkpn Y Miller
Y Crotty Y Mitchell, Jerry
A Davis, Monique, V-Chair Y Moffitt (Osmond)
Y Delgado Y Mulligan
Y Fowler A Murphy
Y Garrett Y Osterman
Y Hoeft Y Smith, Michael
Y Winkel
[November 20, 2002] 6
Representative Burke, Chairperson, from the Committee on Executive
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to SENATE BILL 980.
The committee roll call vote on Amendment No. 1 to SENATE BILL 980
is as follows:
11, Yeas; 1, Nays; 0, Answering Present.
Y Burke, Chair Y Capparelli
Y Acevedo Y Hassert
Y Beaubien Y Jones, Lou
Y Biggins Y McKeon (Currie)
Y Bradley Y Pankau
Y Bugielski, V-Chair N Poe, Spkpn
A Rutherford
Representative Howard, Chairperson, from the Committee on Human
Services to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 4736.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 4736
is as follows:
7, Yeas; 2, Nays; 0, Answering Present.
Y Feigenholtz, Chair N Myers, Richard
Y Bellock, Spkpn Y Schoenberg, V-Chair
Y Flowers Y Soto
Y Howard N Winters
Y Wirsing
Representative Flowers, Chairperson, from the Committee on Health
Care Availability & Access to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass as amended" and be placed on the
order of Second Reading -- Short Debate: HOUSE BILL 2787.
The committee roll call vote on HOUSE BILL 2787 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Flowers, Chair Y May
Y Coulson Y Miller
Y Kenner, V-Chair (Bradley) Y Mulligan
Y Klingler Y Ryan
Y Krause Y Sommer
Y Soto
Representative Morrow, Chairperson, from the Committee on State
Government Administration to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 2643.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 2643
is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Kenner, Chair (Morrow) Y Franks
A Collins, V-Chair Y O'Connor, Spkpn
Y Forby Y Pankau
Y Fowler (Miller) Y Righter
Y Wirsing
7 [November 20, 2002]
CHANGE OF SPONSORSHIP
Representative Hoffman asked and obtained unanimous consent to be
removed as chief sponsor and Representative O'Brien asked and obtained
unanimous consent to be shown as chief sponsor of SENATE BILL 729.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 6315. Filed by Representative Hannig, a bill for AN ACT
in relation to public employee benefits.
HOUSE BILL 6316. Filed by Representative Lang, a bill for AN ACT
concerning tax collection.
HOUSE BILL 6317. Introduced by Representative Morrow, a bill for
AN ACT concerning contracts.
HOUSE BILL 6318. Introduced by Representatives Lou Jones - Morrow,
a bill for AN ACT relating to public utilities.
HOUSE BILL 6319. Introduced by Representatives Lou Jones - Morrow,
a bill for AN ACT concerning public utilities.
AGREED RESOLUTIONS
The following resolutions were offered and placed on the Calendar
on the order of Agreed Resolutions.
HOUSE RESOLUTION 1079
Offered by Representative Yarbrough:
WHEREAS, The members of the Illinois House of Representatives wish
to congratulate the parish community of St. Eulalia on the occasion of
its 75th anniversary of service and witness to the Maywood-Broadview
community on November 23, 2002; and
WHEREAS, In addition to serving its own congregation, St. Eulalia
Parish has continually reached out to the marginalized and
disenfranchised; the commitment that "the church on the Eisenhower" has
made to the village and its inhabitants has not gone unnoticed; for
over 25 years its ECHO food pantry has been a beacon to residents who
have fallen behind during hard times; its adjoining resale shop is
always willing to provide clothing and household items to fire victims
and the less fortunate; and
WHEREAS, St. Eulalia Church is a proponent of good government and
has always opened its doors for meetings, debates and fellowship with
the betterment of Maywood always at the forefront; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we extend our best
wishes to St. Eulalia Parish as it celebrates its 75th anniversary; and
we wish the parish community all the best in the future as it continues
to work in the Lord's name; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
St. Eulalia Parish.
HOUSE RESOLUTION 1081
Offered by Representative Novak:
WHEREAS, The House of Representatives of the State of Illinois is
pleased to recognize accomplishments in the lives of citizens of
Illinois; and
WHEREAS, It has come to our attention that Iroquois County Sheriff
Joe Mathy retired from his position in July of 2002 after 21 years in
that position; and
WHEREAS, Prior to becoming Sheriff of Iroquois County, he served as
a patrolman in Bourbonnais, a mental health employee at the Shapiro
[November 20, 2002] 8
Developmental Center, and as a child abuse investigator for the
Department of Children and Family Services in Watseka; and
WHEREAS, Sheriff Mathy was appointed to the post on October 13,
1981 and subsequently served five terms; during his tenure as sheriff,
many improvements were made to the department, including modernizing
the department to include computers in the office, modems in the patrol
cars, automated technology for fingerprinting, the establishment of a
full-time jail staff, courthouse security, and combined dispatch; and
WHEREAS, Under Sheriff Mathy's leadership, the Court Security Fund
was established and has been used to aid in hiring court security
officers, for installing automated door locks and other security
equipment; and
WHEREAS, Sheriff Mathy's department was active in philanthropic
efforts; they held an annual golf outing in which money was generated
for the purpose of funding scholarships, charitable donations, the
Special Olympics Torch Runs, Crimestoppers, and the Iroquois County
Pledge for life; and
WHEREAS, In addition to Sheriff Mathy's contributions to Iroquois
County, he was a member of the Illinois Sheriffs' Association and was
elected president of that organization in 1998; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Sheriff
Joe Mathy on the occasion of his retirement; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Sheriff Joe Mathy.
HOUSE RESOLUTION 1082
Offered by Representative Novak:
WHEREAS, The Illinois House of Representatives is pleased to honor
citizens of the State that have earned recognition; and
WHEREAS, It has come to our attention that Michael L. Perrine has
received the Eastern Region Broadcaster of the Year award from the
National Association of Farm Broadcasters, placing him in contention
for the National Broadcaster of the Year Award; and
WHEREAS, Michael L. Perrine has been in radio for over 43 years
with over three decades as a farm broadcaster; he grew up in Pittsfield
and began working in radio when he won a disc jockey contest during his
senior year in high school; he attended junior college in Odessa,
Texas; in August of 1960, he married Betty Quincy; he moved back to
Illinois and spent most of his married life in Jacksonville; he is the
father of four children, Greg, Eric (deceased), Todd and Michelle, and
the grandfather of four; and
WHEREAS, Michael L. Perrine moved to L'Erable in 1993 and began as
farm broadcaster on WKAN; he immediately made an impact by further
developing the mid-day farm show and creating new agricultural
features; he informs WKAN listeners of special dates and events during
his Ag Calendar; he provides interviews about current agricultural
issues during the Early Bird Feature; his commitment to the
agricultural community is well-known to those involved; and
WHEREAS, Michael L. Perrine has received many awards, locally,
statewide and nationally including Friend of Growmark Award, Illinois
Commodity Conference Award, FFA American Farmer Degree, FFA State
Farmer Degree, FFA Chapter Farmer Degree, National Association of Farm
Broadcasters Presidents Award, Illinois Farm Service Agency Award,
Illinois Corn Growers Association Award, Illinois Soy Bean Association
Award, Soil and Water Conservation District Award, and numerous 4H
awards; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Michael L.
Perrine for his accomplishments and dedicated service to the
agricultural community and congratulate him on being named the Eastern
Region Broadcaster of the Year by the National Association of Farm
Broadcasters; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Michael L. Perrine.
9 [November 20, 2002]
HOUSE RESOLUTION 1083
Offered by Representative Novak:
WHEREAS, The members of the Illinois House of Representatives are
honored to recognize notable achievements in the lives of the citizens
of the State of Illinois; and
WHEREAS, Dr. Joseph Meisenbach and his wife Kathy were named as the
first recipients of the Catholic Charities' "Spirit of Charity" award;
and
WHEREAS, The Meisenbachs, long active in a variety of area,
Catholic and medical charities, received the award from Bishop Joseph
Imesch at a luncheon at the Catholic Charities office at N. Schuyler
Avenue in Kankakee; and
WHEREAS, Kathy Meisenbach was named to the Catholic Charities
advisory board in 1991 and was president in 1996; Dr. Meisenbach is
known for his efforts in coordinating giving among physicians,
contributing himself, asking for donations, and then thanking donors;
and
WHEREAS, The Meisenbachs recently celebrated their 30th wedding
anniversary; they were high school sweethearts in Reddick and college
sweethearts at the University of Illinois; and
WHEREAS, In 1996, the Meisenbachs were named Humanitarians of the
Year by Provena St. Mary's Hospital; and
WHEREAS, Dr. Meisenbach became determined to be a cardiologist
after watching his grandfather suffer from angina, a condition so
severe that he had to take nitroglycerin just to watch an exciting
cowboy show on television; when he finished medical school, he was
offered a job in Hawaii, but the Meisenbachs decided to come back to
Kankakee County; Dr. Meisenbach's reputation for care of the area's
indigent and elder population has been unselfish and limitless; and
WHEREAS, Catholic Charities, a United Way charity, serves people of
all faiths; programs that Catholic Charities sponsor include, Retired
Senior Volunteers, which provides help to many other activities,
including Hospice, Meals on Wheels, and the Red Cross, counseling on
martial, parenting, divorce, and other family issues, and maternity
services, including counseling, medical care and help with adoption,
coordination of adoption, and foster care; additional services include,
transitional housing for the homeless, a Back to School fair to provide
school supplies for needy children, money management classes and help
for the disabled or senior citizens, a Senior Companion program that
visits adults, 60 and over, who cannot get out, and an Elder Abuse and
Neglect reporting station; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr.
Joseph Meisenbach and his wife Kathy on being named as the first
recipients of the Catholic Charities' "Spirit of Charity" award; and be
it further
RESOLVED, That a suitable copy of this resolution be presented to
Dr. Joseph Meisenbach and Kathy Meisenbach as an expression of our
esteem.
HOUSE RESOLUTION 1084
Offered by Representative Morrow:
WHEREAS, The members of the Illinois House of Representatives wish
to express their sincerest condolences to the family and friends of
Steve Trimble, who passed away on May 13, 2002; and
WHEREAS, Steve Trimble was born on May 29, 1923 in Birmingham,
Alabama to Steven and Rebecca Trimble; and
WHEREAS, The Trimble's moved to Chicago when Steve was young; he
attended and completed Carter Elementary and graduated from DuSable
High School; and
WHEREAS, Mr. Trimble worked as a Salesman for Monroe Merchandising
and Polk Brothers for many years; and
WHEREAS, One of Mr. Trimble's childhood friends was Red Foxx; he
and Mr. Foxx traveled to New York to enter in the Major Bowles Amateur
[November 20, 2002] 10
Hour, where they won first place; Mr. Trimble was part of an awesome
quartet group of entertainers who included Pete Carter, Lamont Ousley,
and Red Foxx; and
WHEREAS, Mr. Trimble was a violinist and played the bass; he was
one of the southside's finest Jazz musicians; in 1999, he released a CD
celebrating over 60 years as a musician entitled "Keep on Smiling!";
all this began with a young man playing a "Wash Tub on a String"
accompanied by his friends and fellow musicians Sonny Seals, Marion
Burke, Jr., John Whitfield, Jr., John Watson, and Charles "Bugs"
Cockran; and
WHEREAS, Steve Trimble had many special people in his life; from
his marriage to Dorothy Hartwell, they were blessed with a daughter,
Cecelia Isom; from his marriage to Ernestine, they were blessed with a
son, Steve, Jr.; and
WHEREAS, Mr. Trimble was the loving and devoted husband to Mildred
Trimble for 25 years; and
WHEREAS, For the past 28 years, Mr. Trimble served faithfully as
the doorman for the 28 North Lake Shore Building; he was loved,
respected, and endeared for his work; and
WHEREAS, The passing of Steve Trimble will be deeply felt by all
who knew and loved him, especially his niece, Helen Rathel; his
daughter and granddaughter, Cecelia and Tammy Isom; his son, Steve
Trimble, Jr.; his grandchildren; his great-grandchildren; and a host of
other relatives and friends; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
all who knew him, the death of Steve Trimble of Chicago; and be it
further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Steve Trimble with our sincere condolences.
HOUSE RESOLUTION 1085
Offered by Representative Morrow:
WHEREAS, It has come to our attention that Justice William Cousins,
Jr. has announced his retirement as Justice of the Illinois Appellate
Court; and
WHEREAS, Justice Cousins was born on October 6, 1927 in Swiftown,
Mississippi; he graduated from DuSable High School in Chicago in 1945,
the University of Illinois in 1948 with honors in Political Science,
and Harvard Law School in 1951; and
WHEREAS, He served in the United States Army from 1951 through 1953
and was a Combat Infantry 2nd and 1st Lieutenant in Korea; he retired
in 1976 from the United States Army Reserve Corps as a Lieutenant
Colonel (JAGC); and
WHEREAS, He was an attorney with Chicago Title and Trust Company
from 1953 through 1957, an Assistant State's Attorney of Cook County
from 1957 through 1961, and an attorney in private practice from 1961
through 1976; he was Alderman of the 8th Ward of the City of Chicago
from 1967 through 1976; and
WHEREAS, He served as a Circuit Court Judge of Cook County from
1976 until his election in 1992 to the Illinois Appellate Court; his
tenure on the Illinois Appellate Court has included service as Chairman
of the Executive Committee, First Appellate District, Presiding Justice
of the First District, 3rd Division and 2nd Division, and Chair for the
Illinois Appellate Judges Annual Meeting; he has served by appointment
of the Illinois Supreme Court as a member of the Executive Committee of
the Illinois Judicial Conference and he has served as a member of the
Special Supreme Court Committee on Capital Cases; and
WHEREAS, He is a member and former Chairman of the Illinois
Judicial Council and is a former board member of the Illinois Judges
Association; he served as a board member of the National Center for
State Courts and as Chair of the Judicial Council of the National Bar
Association; and
WHEREAS, He is a former board member of the Citizens' Schools
Committee, Parkway Community House, and the Chicago Area Planned
11 [November 20, 2002]
Parenthood Association; he is past president of Chatham-Avalon Park
Community Council and a founding member and former board member of
PUSH; he is a Deacon at Lincoln Memorial Congregational United Church
of Christ and he was an Assistant Moderator and former member of the
Executive Council of the United Church of Christ; he is a member of
Kappa Alpha Psi Fraternity and Sigma Pi Phi Fraternity; and
WHEREAS, Justice Cousins has received numerous awards, including
the William R. Ming Award from the Cook County Bar Association, the
Edward N. Wright Award from the Cook County Bar Association; the
Bulletin Newspaper Award; the Olive-Harvey College Award; the
Outstanding Judge Award from the John Marshall Black Law Students'
Association on two occasions; the Thurgood Marshall Award from the
IIT/Chicago-Kent Black Law Students' Association; the Kenneth E. Wilson
Award from the Illinois Judicial Council; the Monarch Statesmanship
Award from the Alpha Kappa Alpha Sorority, XI NU Omega Chapter; the
Irma Kingsley Johnson Distinguished Service Award from the Chicago
Friends of the Amistad Research Center; the Earl Burrus Dickerson Award
from the Chicago Bar Association; the Raymond Pace Alexander Award from
the Judicial Council of the National Bar Association; the Mary Herrick
Lifetime Achievement Award as a DuSable Alumnus who has dedicated his
life to Justice, American Jurisprudence, and his community; the C.
Francis Stradford Award from the Cook County State's Attorney for
dedication and commitment to the legal profession, the criminal justice
system, and the African-American community; the Illinois State Bar
Association's Access to Justice Award for his extraordinary efforts to
preserve access to justice; and the Illinois Judicial Council's Charles
A. Freeman Pioneer in Justice Award; and
WHEREAS, He has been inducted into the DuSable High School Hall of
Fame, the National Bar Association Hall of Fame, and the Cook County
Bar Association Hall of Fame; and
WHEREAS, He is a member of the National, American, Illinois State,
Chicago, and Cook County Bar Associations and the American Judicature
Society; and
WHEREAS, He and his wife Hiroko are the proud parents of Cheryl,
Noel, Yul, and Gail; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we extend our heartfelt
thanks to Justice William Cousins, Jr., upon the occasion of his
retirement as Justice of the Illinois Appellate Court, for his many
years of distinguished service to our judiciary, community, and country
and we wish him success and happiness in all of his future endeavors;
and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Justice William Cousins, Jr. as an expression of our respect and
esteem.
HOUSE RESOLUTION 1086
Offered by Representative Daniels:
WHEREAS, The members of the Illinois House of Representatives offer
sincere congratulations to Roman Strzala for his induction into the
American Football Association Semi-Pro Football Hall of Fame in Canton,
Ohio; and
WHEREAS, Roman Strzala began his football success at Proviso High
School in Maywood, Illinois where he led his team to capture the
Illinois State High School Football Championship; and
WHEREAS, Roman's leadership and talent on the field were rewarded
with a football scholarship to Iowa State University; his football
career continued after graduation in a semi-pro league with the
Elmhurst Travelers; and
WHEREAS, From 1958 through 1964, Roman was a dominant force on one
of the most successful semi-pro teams in the Midwest; the team won
three league championships; and
WHEREAS, Playing both linebacker and fullback, Roman received the
"All League Team" Central States Football League honors; and
WHEREAS, Roman has influenced the lives of many aspiring athletes
[November 20, 2002] 12
as a youth football coach for twelve years and then as a coach for both
football and baseball at Addison Trail High School; and
WHEREAS, After leaving football, Roman began a 38-year career with
Commonwealth Edison; in addition, he served the community of Addison as
a park district commissioner for over 24 years in various capacities,
16 of which he served as Board President; and
WHEREAS, Roman lives in Bloomingdale, Illinois with Donna, his wife
of 46 years, and their three daughters; and
WHEREAS, The members of this body recognize Roman Strzala not only
as a great athlete but also as someone who contributed to his community
and the future of many young athletes; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby offer our
congratulations to Roman Strzala; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Roman Strzala and his family.
HOUSE RESOLUTION 1087
Offered by Representative Monique Davis:
WHEREAS, The members of the Illinois House of Representatives are
pleased to recognize milestone events in the history of organizations
in the State of Illinois; and
WHEREAS, Beatrice Caffrey Youth Services, Inc. will be celebrating
its 50th year Anniversary on November 17, 2002 at the DuSable Museum of
African American History; the organization will present its Service
Award to Representative Monique Davis as part of the Golden Anniversary
celebration; and
WHEREAS, For the past 50 years Beatrice Caffrey Youth Services,
Inc. has provided programs to delinquent urban youth on the south side
of Chicago; the organization, originally known as the Women's Service
Committees, was founded by Mrs. Sadie Waterford Jones and headed by Dr.
Dorothy Sutton Branch; Mrs. Beatrice Caffrey, after whom the agency was
eventually named, was an active part of the program recruitment and
attendance during her years with the Chicago Board of Education; and
WHEREAS, The agency's mission is "to enhance the functioning of
urban children and families by improving their quality of life and
moving them towards independence"; the agency does this by offering
programs and services that encourage self-sufficiency of families and
promote risk-reduction activity for children and youth; and
WHEREAS, Beatrice Caffrey Youth Services, Inc. offers a range of
services to the community; the agency has counseling, visual arts
programs, adoption and foster care services, independent living
programs, teen parenting programs, and placement stabilization
programs; and
WHEREAS, Many of the programs offered by the organization have had
amazing results; every child involved in the specialized care program
has been placed in foster care, 75% of those children have been
adopted, and all foster parents associated with this program have
participated in training designed to help them meet the physical and
emotional needs of these children; in the independent living program,
80% those participating have remained stable in their apartment living,
75% of them are employed, 85% have not required court intervention and
are managing their own fiscal responsibilities, and 65-75% of the
clients are actively pursuing their high school diplomas; therefore be
it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend the Beatrice
Caffrey Youth Services, Inc. for its outstanding community service
throughout the years; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the Executive Director of Beatrice Caffrey Youth Services, Inc.
HOUSE RESOLUTION 1088
Offered by Representative Monique Davis:
13 [November 20, 2002]
WHEREAS, The members of the Illinois House of Representatives are
honored to recognize notable events in the lives of the citizens of the
State of Illinois; and
WHEREAS, It has come to our attention that the Betts and Kennedy
families are are holding a "Family and Friends Reunion" in Chicago on
July 19 to July 21, 2002; and
WHEREAS, This historic family occasion will honor two of the
families' main matriarchs, Etta Rosie Ola Kennedy-Betts and Danish
Kennedy-Hall; and
WHEREAS, Born in McCool, Mississippi on August 20, 1920, Etta Rosie
Ola Kennedy-Betts moved to the Chicago area in 1943; she is the wife of
Floyd Betts and the devoted mother of Jean, Roland, Marie, and Raymond;
she relocated in 1989 to Tampa, Florida and most recently, Los Angeles,
California; and
WHEREAS, Born in McCool, Mississippi on September 14, 1918, Danish
Kennedy-Hall has been a resident of Chicago since 1942; she is the wife
of Clifford Hall and the devoted mother of Clifton and Lenora; and
WHEREAS, The lives of Mrs. Kennedy-Betts and Mrs. Kennedy-Hall, the
last two living members of the Kennedy family, along with the memory of
the late Marie Kennedy will be celebrated by generations of family and
friends on this historic occasion; and
WHEREAS, Reunion festivities include an all-day picnic and after
party, a worship service, and a Sunday brunch; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
Betts/Kennedy family on their family and friends reunion on July 19 to
July 21, 2002 in Chicago; and be it further
RESOLVED, That suitable copies of this resolution be presented to
the members of the Betts/Kennedy family as an expression of our esteem.
HOUSE RESOLUTION 1089
Offered by Representative Monique Davis:
WHEREAS, Education is one of the most noble professions and
educators deserve honor and respect; and
WHEREAS, Patrick J. Kenny received his Bachelor of Arts in 1968 and
his Master of Education in 1973 from Loyola University in Chicago; he
began his teaching career at Cooley Upper Grade Center in September of
1968; he then taught at Cooley Vocational High School until January of
1979; he became associate principal of Hirsch High School in January of
1979 and stayed as acting principal until February of 1980; he also
served as acting principal at Sayre Language Academy and Parker
Academy; he served as principal of Bunche Elementary School from
October 1982 until August 2001; he finished his career as an
administrator in the Region 5 Office from August 2001 until his
retirement in July of 2002; and
WHEREAS, Mr. Kenny is a member of St. Ignatius Parish; he is a
former member of the Chicago Teachers Union and served as a delegate;
he is a member of the Chicago Principals and Administrators Association
and served as the Auxiliary President; his contributions to the
community also include service as president of the Aquin Guild and
membership in the Guilford-Waters Association and CAPS Beat 2432; and
WHEREAS, Mr. Kenny holds several positive core beliefs; he believes
in fostering the human and social development and academic growth of
children; he believes cooperation with parents and the community is
essential for an educator; he believes in being a resource to and a
supporter of staff and being involved with colleagues; he feels that
positive actions motivate people and a sense of humor is important;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Patrick
J. Kenny of Chicago on the occasion of his retirement after 34 years of
dedicated service with the Chicago Board of Education and we wish him
all the best in his future endeavors; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Patrick J. Kenny as an expression of our esteem.
[November 20, 2002] 14
HOUSE RESOLUTION 1090
Offered by Representative Monique Davis:
WHEREAS, The members of the Illinois House of Representatives wish
to recognize milestone events in the lives of the citizens of the State
of Illinois; and
WHEREAS, It has come to our attention that Alice Faye Naylor
retired from the Chicago Public School System on June 25, 2002 after 35
years of service; she had spent 30 of those years at Wendell E. Green
School in District 299; and
WHEREAS, Alice Faye Naylor was born on September 25, 1940 in
Crowville, Louisiana; she was raised in a Christian home with loving
parents who taught her to be persistent and diligent and to always
persevere; and
WHEREAS, Alice Faye Naylor graduated from Grambling State
University in 1965; after teaching in Louisiana for two years, she
relocated to Chicago to teach for the Chicago Public School System; and
WHEREAS, Through the years, Alice Faye Naylor has received
countless awards, recognitions, and praise for her outstanding and
unique teaching abilities; she is now recognized as one of the most
highly regarded math instructors in Wendell E. Green School history;
and
WHEREAS, On August 23, 2002, the family of Alice Faye Naylor is
giving her a surprise retirement party in honor of her 35-year career
shaping and molding the lives of her many students in the Chicago
Public School System; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Alice
Faye Naylor on her retirement after a stellar 35-year career as an
educator in the Chicago Public School System and we wish her well in
all of her future endeavors; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Alice Faye Naylor as an expression of our esteem.
HOUSE RESOLUTION 1091
Offered by Representative Monique Davis:
WHEREAS, The members of the Illinois House of Representatives wish
to recognize milestone events in the lives of the citizens of the State
of Illinois; and
WHEREAS, It has come to our attention that Willie A. Naylor has
retired as a music schoolteacher after 38 years of dedicated service,
including 34 years of proud service with the Chicago Public School
System; and
WHEREAS, Willie A. Naylor was born on February 16, 1942 in Holly
Ridge, Louisiana; he was raised in a Christian home with loving parents
who taught him to be persistent, diligent, and to always persevere; and
WHEREAS, Mr. Naylor received a Bachelor of Science degree from
Grambling College in 1963, a Bachelor of Arts from Chicago's Vander
Cook College in 1967, and a Ph.D. from the University of Sarasota in
1977; after teaching in Louisiana for four years, he relocated to
Chicago to teach in the Chicago Public School System; and
WHEREAS, Mr. Naylor has been privileged to teach many famous
musical icons such as Michael and Marlon Jackson of the Jackson 5 and
Maurice White of Earth, Wind, and Fire, just to name a few; and
WHEREAS, Mr. Naylor has received numerous awards and recognitions
throughout his illustrious teaching career and has received high praise
for his outstanding and unique musical teaching abilities; he is now
recognized as one of the most highly regarded music instructors in
Region #5 School history; and
WHEREAS, On September 27, 2002, the family of Willie A. Naylor is
giving him a surprise retirement party in honor of his 38-year career
and commitment to shaping and molding the lives of his many students in
the Chicago Public School System; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Willie
15 [November 20, 2002]
A. Naylor on his retirement after an outstanding 38 year career as a
music instructor and we wish him well in all of his future endeavors;
and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Willie A. Naylor as an expression of our esteem.
HOUSE RESOLUTION 1092
Offered by Representative Monique Davis:
WHEREAS, The members of the Illinois House of Representatives note
with sadness the death of Brenda Pittman of Chicago, who passed away at
the age of 64; and
WHEREAS, Mrs. Pittman was a longtime resident of Beverly and lived
in Chicago for over 60 years; she was a Registered Nurse, a Professor
of Nursing at Dawson Skills Center, and a private school teacher; she
was a counselor, intercessor, and motivator; and
WHEREAS, Mrs. Pittman was a supporter of good government and
Representative Monique Davis; and
WHEREAS, Her passing will be deeply felt by her family and friends,
especially her husband, Lee Pittman; her son, Joseph Pittman; her
sisters, Cora Genkins, and Melodie Huddleston; and her brother, William
Taylor; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
all who knew and loved her, the passing of Brenda Pittman and extend
our sincere condolences to her family and friends; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Brenda Pittman as an expression of our sympathy.
HOUSE RESOLUTION 1093
Offered by Representative Monique Davis:
WHEREAS, The members of the Illinois House of Representatives wish
to express their sincerest condolences to the family and friends of
Jeffrey Paul Radford, minister of music at Trinity United Church of
Christ in Chicago, who passed away on August 12, 2002; and
WHEREAS, Mr. Radford, a South Side resident, began his music
ministry at Trinity in October 1972; he was described as the "right
arm" of the Rev. Jeremiah A. Wright, Trinity's pastor, in leading the
membership from fewer than 100 people in 1972 to 8,000 today, the
largest congregation among the 6,000 churches in the United Church of
Christ; at his death, Trinity's seven choirs included 950 singers; and
WHEREAS, Mr. Radford's musical genius extended far beyond the walls
of Trinity United Church of Christ; within the United Church, he taught
courses at Chicago Theological Seminary, led workshops all around the
country, and was a featured organist and choir director for many
national events; his work with the James Cleveland Gospel Music
Workshop of America, the Thomas Dorsey Music convention, and his
international fame led to him to be invited to bring the Sanctuary
Choir and the Women's Chorus of Trinity to Switzerland on three
occasions; and
WHEREAS, Mr. Radford led a delegation of African-American musicians
to Cuba to teach gospel music to the Afro-Cubans and to show the Cuban
Church how the African-American musical tradition had breathed life
into the African-American Church; he also traveled with selected choir
members to Puerto Rico to represent the United States at a national
youth conference; and
WHEREAS, Mr. Radford was influential in developing two hymnals
within the past decade, "The New Century Hymnal of the United Church of
Christ" and the "African-American Hymnal"; in September, Mr. Radford
was scheduled to be awarded the degree of doctor of arts from Chicago
Theological Seminary; he will receive it posthumously; and
WHEREAS, Mr. Radford is survived by two brothers, William M.
Radford and Rollo A. Radford; and a nephew, Calvin; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
[November 20, 2002] 16
all who knew him, the death of Jeffrey Paul Radford of Chicago; and be
it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Jeffrey Paul Radford with our sincere condolences.
HOUSE RESOLUTION 1094
Offered by Representative Monique Davis:
WHEREAS, The Illinois House of Representatives was saddened to
learn of the death of Shane Dee Sherman, who passed away on September
29, 2002; and
WHEREAS, Shane Dee Sherman was born on October 24, 1961, the son of
Niles and Mildred Sherman; and
WHEREAS, Mr. Sherman attended Whitney Young High School in Chicago;
he graduated from William S. Hart High School in California; and
WHEREAS, Mr. Sherman held a variety of jobs through his years
including employment with the Chicago Park District and the City of
Chicago; he worked as an assistant to former Alderman Marion Humes, as
an operating engineer for the Department of Water, and as an employee
of the Department of Sewers; he was an entrepreneur who owned and
operated a fleet of limousines; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow the
passing of Shane Dee Sherman and extend our sincere condolences to his
family and friends; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Shane Dee Sherman.
HOUSE RESOLUTION 1095
Offered by Representative Monique Davis:
WHEREAS, The members of the Illinois House of Representatives wish
to express their sincerest condolences to the family and friends of
John Harrison Swearengen, Jr., who passed away on August 2, 2002; and
WHEREAS, John Harrison Swearengen, Jr., the second of seven
children of the Reverend John Harrison and Willie Beatrice Swearengen,
was born on January 4, 1931 in Memphis, Tennessee; and
WHEREAS, Nicknames were special to Mr. Swearengen; some of his
nicknames included "Junior", "Kunte Kinte" (African leader of a tribe),
a name which was given to him by his siblings after the passing of his
father in 1978; other names included "Peanut" and "Much Much Cool and
Chilly One Chobby", a name that denotes his special relationship to his
nieces and nephews; and
WHEREAS, Being the son of a minister and a very devoted mother, Mr.
Swearengen professed a hope in Christ and was active at the First
Baptist Church in Memphis, Tennessee; along with his siblings, he was
involved in Sunday School, Baptist Training Union, choir, and other
youth related activities; and
WHEREAS, From 1950 to 1952, Mr. Swearengen was a member of the
United States Army Reserves and was called to active duty along with
his brother, James, and other members of the community; and
WHEREAS, Mr. Swearengen excelled academically, graduating from
Douglass High School as valedictorian of his 1968 class with visions of
becoming a doctor; circumstances and finances thwarted this vision, but
that did not keep him from becoming a perennial student who took enough
classes for several degrees at many colleges and universities in
Chicago, including Northwestern University, the University of Illinois,
the University of Chicago, and Chicago City College; and
WHEREAS, Never having lost his desire to serve others, Mr.
Swearengen redirected his focus to community service and became a
community activist; he worked with several noted politicians and
community leaders, including the Reverend Jesse Jackson, Congressmen
Bobby Rush, Gus Savage, and Danny Davis, State Representatives Earline
Collins, Richard Newhouse, and Monique Davis, and Judge Timothy Evans;
he served as campaign manager for City Council Woman Anna R. Lankford's
first election to the Chicago City Council; in addition, he directed
17 [November 20, 2002]
the Chicago Local Political Action Committee (COPE Fund) to raise funds
to assist in the election of U.S. Senator Carol Moseley Braun and
served on the Local School Council at Calumet High School from 1990 to
1991; and
WHEREAS, Mr. Swearengen was a dedicated employee of the Chicago
Post Office for over 40 years; his experience and dedication were
assets to the American Postal Workers Union (APWU) for more than 24
years; he was one of the founders of the Chicago Local and first
elected president of the newly merged APWU; a skilled mediator, he was
the architect and chief negotiator of the first local APWU contract
with the Postal Service; he served as Director of Labor Relations for
APWU, processing grievances and reinstating many employees; he received
letters of commendation from such people as Moe Biller, president of
the National APWU; and
WHEREAS, The passing of John Harrison Swearengen, Jr., will be
deeply felt by all who knew and loved him, especially his beloved wife
of 14 years, Lavern Mitchell Swearengen; his children, Sheila
Swearengen Fair, John H. Swearengen, III, Kimberly Walker, and Rebecca
Mitchell; his 9 grandchildren, Jameta Swearengen, Anthony and Jasmin
Fair, Coolythia Kyle, Brianna, Serena, and Savoy Mitchell, and Terris
and Genoline Walker; his 4 great-grandchildren, Ja-onna, Terrel, and
Agape' Lyle and Anthony Fair III; his brothers, Judge James E.
Swearengen and Clarence Swearengen; his sisters, Mildred Swearengen
Hayes, the Reverend Dr. Dorothy Swearengen Strong, and City Council
Woman Evangelist Barbara Swearengen Holt; his sisters-in-law, Catherine
Swearengen, Maebell Williams, Jolene Evans, Willie B. (husband, Jessie)
Kitchens, Esther Deans, and Charlean Powell; his brothers-in-law, Eddie
Hayes, Joseph Strong, James Earl and Michael Mitchell, and Anane'
Nigritia; his aunt, Lucile Hawkins; his nephews; his nieces; his postal
union family; and a host of relatives and friends; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
all who knew him, the death of John Harrison Swearengen, Jr. of
Chicago; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of John Harrison Swearengen, Jr., with our sincere
condolences.
HOUSE RESOLUTION 1096
Offered by Representative Monique Davis:
WHEREAS, Members of the Illinois House of Representatives are
pleased to recognize the contributions and achievements of educators of
the State of Illinois; and
WHEREAS, It has come to our attention that Dr. Laura F. Williams
officially retired from the Chicago Public Schools on June 28, 2002
after 38 years of service; and
WHEREAS, Dr. Williams began her teaching career at John Harvard
Elementary School, located on the south side of Chicago; she served as
a 4th grade teacher, a physical education teacher, a science teacher,
and an 8th grade teacher; she became the principal of John Harvard
Elementary School in 1990; she served as a teacher for 26 years and a
principal for 12; and
WHEREAS, Dr. Williams earned her bachelors degree in education from
Chicago State University in 1964; she received her masters degree in
administrative supervision from Roosevelt University in 1975; believing
that education is a lifelong process, she returned to Roosevelt
University to receive her doctoral degree in 1997; and
WHEREAS, Dr. Williams has received numerous awards and
recognitions; she has been the recipient of the Outstanding Principal
Award, Who's Who Among Top Educators, the Administrator of Excellence
Award, Certification of Appreciation presented by the Local School
Council; during her doctoral studies, Dr. Williams contributed to the
April 1996 Catalyst Publication featuring "Mobility", which was also
the study of her thesis; and
WHEREAS, Dr. Williams is the mother of Paulette Dilworth and the
[November 20, 2002] 18
late Mark C. Williams, and the wife of the late Mr. Hayward Williams;
of all her accomplishments, Dr. Williams' greatest joys have come from
being a wife, mother and a grandmother; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Dr. Laura F.
Williams on her achievements and devotion to excellence as an educator
and administrator, and congratulate her upon her retirement on June 28,
2002; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Dr. Laura F. Williams.
HOUSE RESOLUTION 1099
Offered by Representative Capparelli:
WHEREAS, The members of the House of Representatives were saddened
to learn of the death of Edwin M. "Bud" Zeman of Park Ridge on October
14, 2002, at the age of 62; and
WHEREAS, Mr. Zeman was born in Chicago and grew up in Edison Park;
he was an All-City football player for North Park Academy; he earned
his Bachelor of Science degree in business administration from Upper
Iowa University; while still in college, he was a member of the crew
that won the 1960 Chicago-Mackinac boat race; and
WHEREAS, While in college, he married Dorothy Sternaman; they were
married for 41 years; and
WHEREAS, Mr. Zeman was active in real estate and construction for
many years; he was the founder of Zeman Realty Mobile Homes, Inc., a
national mobile home park specialist, brokering mobile home parks
throughout the eastern half of the United States; he was the founder of
Mobile Management Co. Inc., a firm managing manufactured housing
communities on a national level; he was the founder of Great American
Home Sales, Inc., one of the largest dealers of mobile homes in the
nation; he also directed Abbey Builders and Contractors Supply, Inc., a
construction and development firm specializing in industrial and
commercial construction as well as mobile home parks; and
WHEREAS, Mr. Zeman was a licensed real estate broker and he was a
member of, and served on numerous committees of, the National
Association of Realtors, the Illinois Association of Realtors, the
Chicago Real Estate Board, and the Real Estate Securities and
Syndication Institute; he was a member of the Mobile Home Institute and
the Illinois Manufactured Housing Association; he was the Chairman and
Director of the Illinois Housing Institute, an association founded by
him in 1988 along with other large manufactured housing community
owners in the northeast part of the State; and
WHEREAS, Mr. Zeman was a member of St. Paul of the Cross Parish; he
sponsored many Chicago-area sports teams; he was active in Park Ridge
youth soccer and he was a Park Ridge youth baseball coach; and
WHEREAS, His passing will be deeply felt by his family and friends;
he was the husband of Dorothy Zeman; the father of Kimberly (Jeffrey)
Walker, Terry and Edward Zeman; the grandfather of Patrick Zeman,
William, Margaret and Elizabeth Walker; the brother of Bob (Kathy)
Zeman and Marianne (David) Smith and the late Terry Zeman; the uncle of
Roger, Michael, Daniel and David Smith, Laura Martin, Robert, Amy Hogue
and Matthew and Marcus Zeman; and the great-uncle of Erin and Katlyn
Zeman, Tyler Hogue, Riley, Thomas, Hannah and Garrett Smith; therefore,
be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
all who knew him, the passing of Edwin M. "Bud" Zeman and extend our
sincere condolences to his family and friends; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Mrs. Dorothy Zeman as an expression of our sympathy.
HOUSE RESOLUTION 1100
Offered by Representative Daniels:
WHEREAS, The members of the Illinois House of Representatives offer
19 [November 20, 2002]
sincere congratulations to the 2002 York Community High School Boys
Cross Country Team and Coach Joe Newton on winning the Class AA State
Championship Title; and
WHEREAS, The Dukes won the State boys cross country meet with 125
points, with the assistance of sophomore Sean McNamara and senior Adam
Manta who received all-state honors for finishing in the top 25,
placing 13th and 23rd respectively; and
WHEREAS, Coach Joe Newton, one of the most talented cross country
and track coaches in history, has finished his 43rd season with York
Community High School, leading the Dukes to a remarkable 22 State
titles; and
WHEREAS, Under Coach Newton's supervision, the Dukes won their
first State Championship Title in 1962; the Dukes have also won 10
second-place and three third-place trophies; and
WHEREAS, Sean McNamara, Adam Manta, Matt Montgomery, Eric Dettman,
Matt Dettman, Mike Corry, and Josh Sharko came together as a team to
win by a 73 point margin; and
WHEREAS, We recognize the dedication of Coach Newton, the Athletic
Department, and the entire York High School community in their tireless
efforts to train and educate superior athletes and well-rounded
students; and
WHEREAS, The Dukes have given countless hours and all of their
energy in reclaiming the Cross Country State Championship; and
WHEREAS, This victory is shared with the families, friends, York
Community High School, and the entire Elmhurst community, who have
cheered on the team all season; and
WHEREAS, This title is a source of great pride for the team,
school, and community; and
WHEREAS, We recognize the talent of these young athletes and their
coaches; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby offer our
congratulations to Coach Joe Newton and the members of the York
Community High School Boys Cross Country Team on their 22nd State
Championship Title; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Coach Joe Newton, York Community High School, and the members of the
team.
HOUSE RESOLUTION 1101
Offered by Representative McCarthy:
WHEREAS, The members of the Illinois House of Representatives are
pleased to recognize significant accomplishments in high school sports
in the State of Illinois; and
WHEREAS, On November 9, 2002, the Carl Sandburg Boys Varsity Soccer
Team, the Eagles, won the IHSA State Class AA Soccer Championship; and
WHEREAS, The Eagles finished the season with a record of 26-1-2,
and they were the champions of the SICA West Conference, the Naperville
Tournament, the Glenbard West Tournament, and the IHSA Regionals and
Sectionals; and
WHEREAS, The team members are Cole Glassner, Brad Nagel, Paul
Boyle, Dan Peterson, Greg Olmsted, Mike Piazza, John Partyka, Colin
Aubin, Angelo Labriola, Al Duncan, Scott Kupiec, Tim Engel, Nick
Anello, Brian Pasierb, Andrea Frigo, Zac Buikema, Nick Kwiatek, Kevin
Kuhn, Steve Mulac, Brett Falloon, Matt Nagel, Jed Zayner, Tim Kopec,
Matt Mergenthaler, Paul Kopec, Dom Didiana, Jay Swiderski, Jesse
Furmanek, and Mike Nejedly; their coach is Jack Ferraro; the assistant
coaches are Jim Pisani, Pete Knutson, Mike Erdman, and Dan Olsen; the
trainers are Bill Frey and John Wator and the student trainers are
Linda Sullivan and Eileen Niedeborski; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
Carl Sandburg Boys Varsity Soccer Team on winning the 2002 IHSA State
Class AA Soccer Championship and we extend our best wishes to the
coaches and the team for continued success in the future; and be it
[November 20, 2002] 20
further
RESOLVED, That suitable copies of this resolution be presented to
Dr. Patrick McMahon, Superintendent of Consolidated High School
District 230, Mike Mecozzi, principal of Carl Sandburg High School,
head coach Jack Ferraro, assistant coaches Jim Pisani, Pete Knutson,
Mike Erdman, and Dan Olson, and each member of the team as an
expression of our esteem.
RESOLUTIONS
The following resolutions were offered and placed in the Committee
on Rules.
HOUSE RESOLUTION 1080
Offered by Representative Granberg:
WHEREAS, The Capital Litigation Trust Fund was created by the
Capital Crimes Litigation Act, which was developed to promote fairness
in the prosecution and defense of capital crimes within the State of
Illinois; and
WHEREAS, The Capital Litigation Trust Fund is a special fund in the
State Treasury, administered by the Treasurer, to provide moneys for
compensation and expenses to be paid for the prosecution and defense of
capital crimes throughout the State of Illinois beginning on January 1,
2000; and
WHEREAS, Illinois' criminal justice system is founded on fairness
in procedural safeguards for both the prosecution and defense, which is
dependent on respect and adherence of procedures established since
August 26, 1818; and
WHEREAS, The defendant, Cecil Sutherland, was tried and convicted
by jury in 1989 for aggravated kidnapping, aggravated criminal sexual
assault, and three counts of murder; and
WHEREAS, On November 16, 2001, the Illinois Supreme Court rendered
the decision to allow Sutherland a new trial because of inadequate
defense and because the prosecution oversold its case to the jury; and
WHEREAS, The original retrial date of Cecil Sutherland was May 22,
2001 and has been delayed so many months with the defense counsel, John
Paul Carroll of Connecticut and Sharon Costa of Illinois, raising
numerous procedural objections with little merit; and
WHEREAS, Defense counsel may have caused improper and unwarranted
delays thereby causing the improper expenditures of moneys from the
Capital Litigation Trust Fund during the retrial proceedings of Cecil
Sutherland totaling approximately $430,310 to date; and
WHEREAS, Defense counsel initially offered to represent the
defendant on a pro bono basis; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to the
Illinois State Auditing Act, the Illinois House of Representatives
directs the Auditor General to conduct an audit of expenditures of the
Capital Litigation Trust Fund regarding the People v. Sutherland
capital crimes retrial; and be it further
RESOLVED, That the Auditor General shall report his findings to the
Illinois General Assembly by May 31, 2003; and be it further
RESOLVED, That a suitable copy of this preamble and resolution be
presented to the Auditor General and the Treasurer.
HOUSE RESOLUTION 1097
Offered by Representative Lou Jones:
WHEREAS, Lupus is a chronic, incurable autoimmune disease of
unknown origin that mainly affects women of childbearing age, is
difficult to diagnose and causes severe, potentially life-threatening
organ damage; and
WHEREAS, The Lupus Foundation of America estimates that 1.4 million
people in the U.S. have a form of lupus; and
21 [November 20, 2002]
WHEREAS, Lupus causes the immune system to attack the body's
healthy cells and tissues producing skin damage, rheumatoid arthritis,
life-threatening inflammation of multiple major organs, and a
potentially fatal failure of the renal, circulatory or central nervous
systems; and
WHEREAS, Symptoms include joint pain, rash, unusual loss of hair,
unexplained fever, low blood counts, sensitivity to the sun and fingers
that turn pale or purple when exposed to cold; and
WHEREAS, According to the Lupus Foundation of America, a survey of
its members revealed that more than half of all people with lupus
suffered four or more years and were examined by three or more doctors
before obtaining a correct diagnosis; and
WHEREAS, According to the Center for Disease Control and
Prevention, the number of lupus-related deaths between 1979 and 1988
increased dramatically; African American women, ages 45-64, experienced
a 70 percent increase, the largest increase among all groups in the
twenty years studied; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Director of
the Illinois Department of Public Health to implement a public
education and outreach program to raise awareness about the symptoms
and potentially life-threatening effects of the disease lupus; and be
it further
RESOLVED, That a copy of this resolution be presented to the
Director of the Illinois Department of Public Health.
HOUSE RESOLUTION 1098
Offered by Representative Lou Jones:
WHEREAS, The World Health Organization characterizes Hepatitis C as
a disease of primary concern to humanity; and
WHEREAS, Hepatitis C is considered a silent killer; no recognizable
signs or symptoms occur until severe liver damage has occurred; and
WHEREAS, Studies indicate that nearly 4 million Americans (1.8
percent of the population) carry the virus HCV that causes the disease;
and
WHEREAS, 30,000 acute new infections occur each year in the United
States, and only 25 to 30 percent are diagnosed; and
WHEREAS, 8,000 to 10,000 Americans die from the disease each year;
and
WHEREAS, 200,000 Illinois residents may be carriers and could
develop the debilitating and potentially deadly liver disease; and
WHEREAS, Inmates of correctional facilities have a higher incidence
of Hepatitis C and, upon their release, present a significant health
risk to the general population; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that, due to the prevalence
and highly communicable nature of Hepatitis C, we urge the Department
of Public Health to go beyond its current effort of providing
information about Hepatitis C as part of its overall effort to prevent
infectious diseases in Illinois; and be it further
RESOLVED, That we urge the Department of Public Health to develop
discrete public education and outreach programs to raise awareness
about Hepatitis C and promote prevention; and be it further
RESOLVED, That a copy of this resolution be presented to the
Director of the Illinois Department of Public Health.
HOUSE JOINT RESOLUTION 88
Offered by Representative Poe:
WHEREAS, Pulmonary hypertension is a rare lung disorder that
historically has been chronic and incurable, with a poor survival rate;
and
WHEREAS, In the United States, it has been estimated that 300 new
cases of pulmonary hypertension are diagnosed each year; and
WHEREAS, The greatest number of cases are reported in women between
[November 20, 2002] 22
the ages of 21 and 40, although pulmonary hypertension can affect men,
women, and children at any age; and
WHEREAS, Pulmonary hypertension also affects people of all racial
and ethnic origins equally; and
WHEREAS, About 6 to 10 percent of pulmonary hypertension cases are
familial; and
WHEREAS, During the period January 1996 through December 1997,
almost 6,000,000 Americans took anorexic drugs, which can cause
pulmonary hypertension; and
WHEREAS, Pulmonary hypertension remains a diagnosis of exclusion
and is rarely detected in routine medical examinations; and
WHEREAS, Even in later stages, the signs of pulmonary hypertension
can be confused with other conditions affecting the heart and lungs;
and
WHEREAS, One form of pulmonary hypertension, known as secondary
pulmonary hypertension, is caused by other diseases, and two common
causes of secondary pulmonary hypertension are emphysema and
bronchitis; and
WHEREAS, Other causes are inflammatory or collagen vascular disease
such as scleroderma, CREST syndrome, or systemic lupus erythematosus;
and
WHEREAS, Early diagnosis can lead to early treatment and the
possibility of improved quality of life and prolonged life; and
WHEREAS, Education can help with early diagnosis; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that the month of November is hereby designated as Pulmonary
Hypertension Awareness Month in Illinois; and be it further
RESOLVED, That we recognize and applaud the role played by health
organizations and health care providers in promoting awareness of the
importance of early diagnosis, testing, and ongoing screening for
pulmonary hypertension, and we encourage health organizations in this
State to host activities to promote pulmonary hypertension awareness;
and be it further
RESOLVED, That a suitable copy of this resolution be delivered to
the Pulmonary Hypertension Association.
DISTRIBUTION OF SUPPLEMENTAL CALENDAR
Supplemental Calendar No. 1 was distributed to the Members at 2:35
o'clock p.m.
ACTION ON MOTIONS
Representative Currie moved to suspend the posting requirements on
SENATE BILL 729 to be heard in the Committee on Finacial Institutions.
The motion prevailed.
ACTION ON VETO MOTIONS
Pursuant to the Motion submitted previously, Representative
Capparelli moved to accept the Governor's Specific Recommendations for
Change to HOUSE BILL 4179, by adoption of the following amendment:
AMENDMENT TO HOUSE BILL 4179
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 4179 as follows:
on page 3, lines 10 and 14, by replacing "official" each time it
appears with "official"; and
on page 4, line 20, by replacing "authorized" with "official"; and
on page 8, line 13, by inserting "engaged" after "department"; and
on page 8, line 14, by replacing "authorized" with "official"; and
23 [November 20, 2002]
on page 9, by inserting after line 12 the following:
"Section 99. Effective date. This Act takes effect on January 1,
2003.".
And on that motion, a vote was taken resulting as follows:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
This motion, having received the votes of a constitutional majority
of the Members elected, prevailed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the Governor's Specific Recommendations for Change.
Pursuant to the Motion submitted previously, Representative Novak
moved to accept the Governor's Specific Recommendations for Change to
HOUSE BILL 2, by adoption of the following amendment:
AMENDMENT TO HOUSE BILL 2
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 2, on page 1, line 13, by replacing "electricity."
with "electricity, excluding on-board electric generation."; and
on page 3, line 1, by replacing "Act; (2) determine" with "Act and (2)
recommend"; and
on page 3, line 2, by replacing "grants and review" with "grants."; and
on page 3, by deleting lines 3 through 6; and
on page 3, by replacing line 19 with "research program shall remain in
effect, subject to appropriation after calendar year until December
31,"; and
on page 3, line 24, after "1997,", by inserting "and as long as funds
are available,"; and
on page 3, by replacing lines 27 through 32 with the following:
"issued under the provisions of this Act. The Alternate Fuels Advisory
Board shall develop and recommend to the Agency rules that provide
incentives or other measures to ensure that small fleet operators and
owners participate in, and benefit from, the rebate program. Such
rules shall define and identify small fleet operators and owners in the
covered"; and
on page 4, by replacing lines 1 through 8 with the following:
"area and make provisions for the establishment of criteria to ensure
that funds from the Alternate Fuels Fund specified in this Act are made
readily available to these entities. The Advisory Board shall, in the
development of its rebate application review criteria, make provisions
for preference to be given to applications proposing a partnership
between the fleet operator or owner and a fueling service station to
make alternate fuels available to the public. An owner may"; and
on page 4, by replacing lines 26 and 27 with the following:
"conversion cost rebates applied for during or after calendar year
years 1997, 1998, 1999, 2000, 2001, and 2002 shall"; and
on page 4, line 30, by replacing "2004," with "2002,"; and
on page 5, by replacing lines 13 and 14 with the following:
"or after calendar year years 1997, 1998, 1999, 2000, 2001, and 2002
shall be 80% of all approved cost differential"; and
on page 5, line 16, by replacing "2004," with "2002,"; and
on page 5, by replacing lines 31 and 32 with the following:
"applied for during or after calendar year years 1997, 1998, 1999,
2000, and 2001 and approved rebates shall be 80% of the cost"; and
on page 6, by replacing lines 1 through 32 with the following:
"year 2002 if funds are still available. Twenty-five percent of the
amount appropriated under Section 40 to be used to fund the programs
authorized by this Section during calendar year 1998 shall be
designated to fund fuel cost differential rebates. If the total dollar
amount of approved fuel cost differential rebate applications as of
October 1, 1998 is less than the amount designated for that calendar
year, the balance of designated funds shall be immediately available to
fund any rebate authorized by this Section and approved in the calendar
year. An applicant may include on an application submitted in 1997 all
amounts spent within that calendar year on fuel cost differential, even
[November 20, 2002] 24
if the expenditure occurred before the promulgation of the Agency
rules.
Twenty-five percent of the amount appropriated under Section 40 to
be used to fund the programs authorized by this Section during calendar
year 1999 shall be designated to fund fuel cost differential rebates.
If the total dollar amount of approved fuel cost differential rebate
applications as of July 1, 1999 is less than the amount designated for
that calendar year, the balance of designated funds shall be
immediately available to fund any rebate authorized by this Section and
approved in the calendar year.
Twenty-five percent of the amount appropriated under Section 40 to
be used to fund programs authorized by this Section during calendar
year 2000 shall be designated to fund fuel cost differential rebates.
If the total dollar amount of approved fuel cost differential rebate
applications as of July 1, 2000 is less than the amount designated for
that calendar year, the balance of designated funds shall be
immediately available to fund any rebate authorized by this Section and
approved in the calendar year."; and
on page 7, line 24, by replacing "The" with "Subject to appropriation,
the"; and
on page 7, line 32, by deleting "Under the grant program,"; and
on page 7, by deleting line 33; and
on page 8, by deleting lines 1 and 2; and
on page 8, line 4, by replacing "The" with "Subject to appropriation,
the"; and
on page 8, by replacing line 13, with the following:
"(a) During fiscal years 1999, 2000, 2001, and 2002"; and
on page 9, lines 9, 12, 18, and 21, by replacing "and 2001" with "2001,
and 2002" each time it appears; and
on page 9, line 32, by replacing "2001," with "2002,"; and
on page 10, lines 11, 16, and 20, by replacing "2002, 2003," with
"2003" each time it appears; and
on page 11, by deleting lines 2 through 15; and
on page 11, line 16, by deleting "(d) Blank.".
And on that motion, a vote was taken resulting as follows:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
This motion, having received the votes of a constitutional majority
of the Members elected, prevailed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the Governor's Specific Recommendations for Change.
Pursuant to the Motion submitted previously, Representative Acevedo
moved to accept the Governor's Specific Recommendations for Change to
HOUSE BILL 4074, by adoption of the following amendment:
AMENDMENT TO HOUSE BILL 4074
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend House Bill 4074 as follows:
on page 2, line 34, after the period, by inserting the following:
"A retired law enforcement officer may be certified by the Illinois
State Police only to (i) prepare petitions for the authority to
intercept private oral communications in accordance with the provisions
of this Act; (ii) intercept and supervise the interception of private
oral communications; (iii) handle, safeguard, and use evidence derived
from such private oral communications; and (iv) operate and maintain
equipment used to intercept private oral communications.".
And on that motion, a vote was taken resulting as follows:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 4)
This motion, having received the votes of a constitutional majority
of the Members elected, prevailed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the Governor's Specific Recommendations for Change.
25 [November 20, 2002]
Pursuant to the Motion submitted previously, Representative Durkin
moved that HOUSE BILL 5652 do pass, the Governor's Specific
Recommendations for Change notwithstanding. A three-fifths vote is
required.
And on that motion, a vote was taken resulting as follows:
40, Yeas; 71, Nays; 5, Answering Present.
(ROLL CALL 5)
Having failed to receive the votes of three-fifths of the Members
elected, the motion was declared lost.
HOUSE BILLS ON SECOND READING
HOUSE BILL 2643. Having been printed, was taken up and read by
title a second time.
Representative Morrow offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2643
AMENDMENT NO. 1. Amend House Bill 2643 by replacing the title with
the following:
"AN ACT concerning contracts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act is amended by changing Section 45 as
follows:
(30 ILCS 535/45) (from Ch. 127, par. 4151-45)
Sec. 45. Small contracts. The provisions of Sections 25, 30, and
35 do not apply to architectural, engineering, and land surveying
contracts with an estimated basic professional services fee of less
than $25,000.
(Source: P.A. 87-673.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2787. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Health Care
Availability & Access, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2787
AMENDMENT NO. 1. Amend House Bill 2787 by replacing the title with
the following:
"AN ACT concerning health care facilities."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Prompt Care
Facility Registration Act.
Section 5. Findings and purpose.
(a) The Illinois General Assembly makes all of the following
findings:
(1) Hospital emergency services are not always the most
appropriate level of care for patients seeking unscheduled medical
care or for patients who do not have a regular physician who can
treat a significant or acute medical condition not considered
critical, debilitating, or life-threatening.
[November 20, 2002] 26
(2) Hospital emergency rooms are over-utilized and too often
over-burdened with many injuries or illnesses that could be managed
in a less intensive clinical setting or physician's office.
(3) Over-utilization of hospital emergency departments
contributes to excess medical and health insurance costs.
(4) Prompt care facilities are a growing alternative to
hospital emergency departments.
(5) The use of the term "urgent" or "emergi-" or a similar
term in a prompt care facility's posted or advertised name may
confuse the public and prospective patients regarding the type of
services offered relative to those provided by a hospital emergency
department. There is significant risk to the public health and
safety if persons requiring treatment for a critical or
life-threatening condition inappropriately use prompt care
facilities.
(6) To control costs and ensure more appropriate use of the
health care delivery system, some managed care entities and other
health insurers require use of alternative health care facilities
such as prompt care facilities for certain non-critical medical
emergencies. Enrollees are not always sure about the policies and
procedures that must be followed in the use of such facilities,
especially the standards that will differentiate between use of
these facilities and a hospital emergency department.
(7) There is a need to more clearly define the role and
function of prompt care facilities in the health care delivery
system, and to more effectively educate health care payers and
consumers about the most appropriate use of prompt care facilities.
(b) The purpose of this Act is to define the role and function of
prompt care facilities, require the registration of such facilities,
and require public education regarding the appropriate use of such
facilities.
Section 10. Definitions. For the purposes of this Act:
"Department" means the Department of Public Health.
"Prompt care facility" means an outpatient treatment center that
(i) advertises or provides unscheduled health care services and (ii)
uses or advertises a facility with the term "urgent care center",
"emergi-center", or "prompt care center" or gives the impression to the
public that it provides health care services for conditions requiring
immediate, urgent, or emergency care, as defined by the Department.
"Prompt care facility" does not include any of the following:
(i) A medical facility that is licensed under the Hospital
Licensing Act or the Ambulatory Surgical Treatment Center Act or
any other health care institution licensed under the laws of the
State of Illinois.
(ii) Dispensaries and first aid stations located within
business or industrial establishments maintained solely for the use
of employees.
(iii) Adult foster care homes.
(iv) Places where 4 or fewer adults receive adult day health
services.
(v) Places at which persons receive health-related services
only from relatives or legal guardians.
(vi) The personal residence of a terminally ill person or the
personal residence of that person's relative or guardian, where
that person receives hospice services.
(vii) All medical and health-related facilities and services
that are provided to inmates in a state prison.
(viii) A physician office or clinic that does not advertise
using the term "urgent care center", "emergi-center", or "prompt
care center" or give the impression to the public that it provides
health care services for conditions requiring immediate, urgent, or
emergency care, as defined by the Department.
Section 15. Registration requirement. Beginning January 1, 2004,
no person shall establish, conduct, or maintain a prompt care facility
without first being registered with the Department.
Section 20. Ownership of prompt care facility. No person or
27 [November 20, 2002]
entity may own a prompt care facility other than a licensed hospital, a
hospital affiliate as defined under the Hospital Licensing Act, an
individual licensed physician, a group of licensed physicians, or any
combination thereof.
Section 25. Referral and emergency transportation plans. As a
condition of registration, each prompt care facility must develop and
implement referral and emergency transportation plans for use in
critical medical emergencies. These plans shall include policies and
procedures for accessing the emergency medical services system,
including the use of ambulances and paramedic personnel for
transporting patients to the facility and from the facility to hospital
emergency departments, when necessary. All policies and procedures
shall be approved by a physician licensed to practice medicine it all
its branches or the facility medical director.
Section 30. Educating the public. Prompt care facilities must
educate the public and prospective patients about the categories or
types of services available at prompt care facilities and their
appropriate use.
Section 35. Rules. The Department shall adopt rules for the
implementation of this Act, including rules concerning registration
fees, penalties for noncompliance, and the suspension or termination of
operation of facilities that are not registered. The Department shall
adopt rules regulating the use of the term "urgent" or "emergi-" or a
similar term in a prompt care facility's posted or advertised name so
as to minimize, to the extent practicable, the likelihood of confusion
regarding the type of services provided by a prompt care facility
relative to those of a hospital emergency department.
Section 90. The Department of Public Health Powers and Duties Law
of the Civil Administrative Code of Illinois is amended by adding
Section 2310-543 as follows:
(20 ILCS 2310/2310-543 new)
Sec. 2310-543. Prompt care facilities.
(a) The Department must define the categories or types of health
care services available at prompt care facilities registered pursuant
to the Prompt Care Facility Registration Act.
(b) The Department must educate the public and prospective
patients about the categories or types of health care services
available at prompt care facilities and their appropriate use.
(c) The Department must compile data regarding the utilization of
prompt care facilities and report it findings regarding their function
and impact on the health delivery system and health care costs to the
Governor and the General Assembly every 2 years on or before January 1.
Section 95. The Managed Care Reform and Patient Rights Act is
amended by adding Section 43 as follows:
(215 ILCS 134/43 new)
Sec. 43. Prompt care facilities.
(a) A health care plan must ensure that its enrollees are clearly
informed about their rights and responsibilities in obtaining referrals
to and making appropriate use of prompt care facilities.
(b) A health care plan must review the performance of and
re-credential prompt care facilities at least once every 3 years.
(c) Nothing in this Section is intended to affect the rights of
enrollees or relieve a health care plan of its responsibilities with
respect to the provision of and coverage of emergency services or
treatment of an emergency medical condition, as those terms are defined
by this Act, and as those responsibilities and rights are otherwise
provided under this Act, especially Section 65 of this Act.
(d) For the purposes of this Section, "prompt care facility" has
the meaning given to that term in the Prompt Care Facility Registration
Act.
Section 999. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
[November 20, 2002] 28
HOUSE BILL 4736. Having been printed, was taken up and read by
title a second time.
Representative Currie offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 4736
AMENDMENT NO. 1. Amend House Bill 4736 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by adding
Section 5-5.04 as follows:
(305 ILCS 5/5-5.04 new)
Sec. 5-5.04. Full-service acute care children's hospital; clinic
services. The Department of Public Aid must make reimbursement under
this Article for services provided at a hospital-based organized clinic
if (i) the hospital is a full-service acute care children's hospital
devoted exclusively to pediatrics and does not share a Medicare
provider number with an adult institution, (ii) the clinic is located
within one mile of the hospital, and (iii) the services are otherwise
eligible for reimbursement under this Code.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILLS ON THIRD READING
The following bill and any amendments adopted thereto were printed
and laid upon the Members' desks. This bill has been examined, any
amendments thereto engrossed and any errors corrected. Any amendments
pending were tabled pursuant to Rule 40(a).
On motion of Representative Madigan, HOUSE BILL 2643 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 6)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence.
HOUSE BILLS ON SECOND READING
HOUSE BILL 6306. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Appropriations-Public Safety, adopted and printed:
"GET AMENDMENT NO. 1 HERE".
Representative Hannig offered the following amendment and moved its
adoption:
AMENDMENT NO. 2 TO HOUSE BILL 6306
AMENDMENT NO. 2. Amend House Bill 6306 as follows:
29 [November 20, 2002]
on page 8, line 28, by replacing "$15,000,000" with "$55,000,000".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended, was
advanced to the order of Third Reading.
SENATE BILLS ON SECOND READING
SENATE BILL 1240. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Elementary & Secondary Education, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1240
AMENDMENT NO. 1. Amend Senate Bill 1240 on page 1, by replacing
line 6 with the following:
"and 27-24.11 as follows:"; and
on page 1, line 9, by replacing "27-24.12" with "27-24.11"; and
on page 1, by replacing lines 12 through 30 with the following:
"(105 ILCS 5/27-24.9 new)
Sec. 27-24.9. Parent-directed or guardian-directed driver
education.
(a) A parent or legal guardian may teach his or her child's driver
education course if the parent or guardian:
(1) is a licensed driver;
(2) has not had his or her driver's license suspended within
the past 5 years;
(3) has never been convicted of driving under the influence
of alcohol, drugs, or intoxicating compounds, leaving the scene of
an accident involving personal injury or death, or reckless
homicide and has never received a statutory summary suspension of
his or her driver's license; and
(4) uses a parent-directed or guardian-directed driver
education course that has been approved by the State Board of
Education in accordance with this Section.
(b) Completion of a parent-directed or guardian-directed driver
education course approved under this Section is equivalent to
completion of a school-based driver education course approved by the
State Board. A student participating in a parent-directed or
guardian-directed driver education course approved by the State Board
must meet the academic and age requirements for participating in driver
education under Section 27-24.2 of this Code. The provider of an
approved parent-directed or guardian-directed driver education course
must, upon request, supply parents and guardians with the forms
required to obtain an instruction permit under the Illinois Vehicle
Code.
(c) A parent or guardian electing to teach his or her child's
driver education course must maintain adequate records to demonstrate
that the approved parent-directed or guardian-directed driver education
course was completed and must provide those records to the person or
company providing the course. The parent or guardian must supply all
original tests from each lesson, original driver final evaluation
sheets from each lesson, and all original driving logs from each lesson
to the person or company providing the course. The parent or guardian
must demonstrate proof of insurance to the person or company providing
the course.
(d) A student participating in a parent-directed or
guardian-directed driver education course must spend at least 30 hours
in classroom instruction and 50 hours in practice driving instruction,
including at least 10 hours of nighttime driving.
[November 20, 2002] 30
(e) The State Board may not approve a parent-directed or
guardian-directed driver education course unless the State Board
determines that the curriculum is at least equal to that required in a
school-based driver education course approved by the State Board. The
State Board, however, may not require that the classroom instruction be
provided in a room having particular characteristics or equipment or
that the motor vehicle used for the practice driving instruction have
equipment other than the equipment required by law for operation on a
highway.
(f) Before the State Board may approve a parent-directed or
guardian-directed driver education course, the person or company
offering the course must register with the Secretary of State to do
business in Illinois and must have professional liability insurance in
the amount of no less than $1,000,000, covering the course materials
and person or company being considered and extending coverage to a
student and his or her parent or guardian during practice driving
instruction. The insurance policy must include the State of Illinois as
an additional insured.
(g) The Secretary of State shall supply to providers with approved
parent-directed or guardian-directed driver education courses
applications and other materials necessary for obtaining an instruction
permit under the Illinois Vehicle Code, upon the provider's request.
The provider of the course must maintain adequate records and, upon
request by the State Board or the Secretary of State, provide
documentation verifying compliance with this Section and its
implementing rules.
(h) The State Board, upon application accompanied by a $500 fee,
which shall be deposited in the Driver Education Fund in the State
treasury, is authorized to approve a parent-directed or
guardian-directed driver education course if the course includes
lessons teaching students the dangers of drinking and driving and
provides step-wise, systematic, and progressive levels of instruction
with concurrent classroom and driving instruction that meets all other
requirements of this Section. The course must have concurrent classroom
and driving instruction, becoming more complex as the student's skill
levels and knowledge increase and moving from simple driving decisions
to more complex driving decisions as the student masters skill levels.
The course must follow the following sequence:
(1) Students must be taught basic State laws and rules
regarding driving and the mechanical operation of a motor vehicle.
Students shall fulfill all requirements to receive their
instruction permits under the Illinois Vehicle Code.
(2) Students must receive off-street instruction, graduating
to driving on low-volume, 2-lane roads at a maximum speed of 30
miles per hour. Students must be taught basic driving rules and how
to identify possible driving hazards.
(3) Students must graduate to driving on avenues and
boulevards at a maximum speed of 35 miles per hour. Students must
be taught car control, lane positions, and to focus on keeping the
proper spacing around the motor vehicle.
(4) Students must continue to practice and improve their
driving skills on avenues and boulevards. Students must graduate to
driving on 4-lane roads with maximum speed limits of 45 miles per
hour, while continuing to focus on proper lane positioning and lane
use as well as vehicle spacing.
(5) Students must focus on the importance of driving at safe
speeds under all conditions. Students must be instructed on how to
deal with emergency road situations. Students must be permitted to
drive in downtown traffic, on roads with a 45 mile per hour speed
limit, and learn how to properly park their motor vehicles.
(6) Students must learn how to handle driving emergencies,
learning collision avoidance techniques to be better prepared for
the unexpected. Students must graduate to driving on the freeway.
(7) Students must focus on thinking and behavior while
driving. Students must learn about automobile insurance,
protecting themselves and their motor vehicles, and security
31 [November 20, 2002]
measures that can be taken. Students must receive a final
evaluation that includes freeway driving, city driving, rural
driving, driving on busy 4-lane roads, and reversing, as applicable
to the student's environment. Upon passing the final evaluation,
the student shall qualify for certification of completion of the
course.
(i) The provider of an approved parent-directed or
guardian-directed driver education course must offer technical support
during business hours Monday through Friday. The curriculum must
provide a midcourse check point. At this point, all driving logs and
classroom work must be reviewed by technical support to determine
whether a parent or guardian is properly teaching the course. At the
conclusion of the course, the provider must certify to the State Board
whether the course has been successfully completed, including the total
hours the student spent on the course, as evidenced by the records and
affidavits submitted by the parent or guardian. Upon notification that
the student has successfully completed the course, the State Board
shall forward to the provider the State certification of completion of
an approved driver education course. The provider shall forward the
certification to the parent or guardian.
(j) The State Board may adopt any rules necessary to implement
this Section and shall make a listing of approved parent-directed or
guardian-directed driver education courses available on its Internet
web site.
(k) Nothing in this Section or Section 27-24.10 shall be construed
to allow a school to subcontract for driver education.
(105 ILCS 5/27-24.10 new)
Sec. 27-24.10. Compliance; change in curriculum. A person or
company providing an approved parent-directed or guardian-directed
driver education course shall comply with all provisions of Sections
27-24.9 through 27-24.11 of this Code and any rules adopted under those
Sections. Any proposed change in an approved curriculum shall be
submitted to the State Board for approval before the change is
implemented. The State Board must terminate the approval of any
parent-directed or guardian-directed driver education course that is
not in compliance with this Section or its implementing rules.
(105 ILCS 5/27-24.11 new)
Sec. 27-24.11. Penalty. A person is guilty of a Class C
misdemeanor if he or she knowingly does any of the following:
(1) Offers or provides to parents and guardians a
parent-directed or guardian-directed driver education course that
has not been approved by the State Board.
(2) Provides false information to the State Board in an
application for approval of a parent-directed or guardian-directed
driver education course.
(3) Falsely certifies that a student has successfully
completed a parent-directed or guardian-directed driver education
course.
(4) Possesses a certificate of completion of a
parent-directed or guardian-directed driver education course that
he or she is not authorized to possess.
(5) Transfers a certificate of completion of a
parent-directed or guardian-directed driver education course to a
person who is not authorized to possess the certificate."; and
by deleting pages 2 and 3; and
on page 4, by deleting lines 1 through 8.
AMENDMENT NO. 2 TO SENATE BILL 1240
AMENDMENT NO. 2. Amend Senate Bill 1240, AS AMENDED, by replacing
the title with the following:
"AN ACT concerning education, which may be referred to as the
Chicago Education Reform Act of 2002."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections 27A-4,
27A-5, 27A-6, 27A-10, 34-8.1, and 34-18 and adding Section 34-3.5 as
[November 20, 2002] 32
follows:
(105 ILCS 5/27A-4)
Sec. 27A-4. General Provisions.
(a) The General Assembly does not intend to alter or amend the
provisions of any court-ordered desegregation plan in effect for any
school district. A charter school shall be subject to all federal and
State laws and constitutional provisions prohibiting discrimination on
the basis of disability, race, creed, color, gender, national origin,
religion, ancestry, marital status, or need for special education
services.
(b) The total number of charter schools operating under this
Article at any one time shall not exceed 60 45. Not more than 30 15
charter schools shall operate at any one time in any city having a
population exceeding 500,000; not more than 15 charter schools shall
operate at any one time in the counties of DuPage, Kane, Lake, McHenry,
Will, and that portion of Cook County that is located outside a city
having a population exceeding 500,000, with not more than one charter
school that has been initiated by a board of education, or by an
intergovernmental agreement between or among boards of education,
operating at any one time in the school district where the charter
school is located; and not more than 15 charter schools shall operate
at any one time in the remainder of the State, with not more than one
charter school that has been initiated by a board of education, or by
an intergovernmental agreement between or among boards of education,
operating at any one time in the school district where the charter
school is located.
For purposes of implementing this Section, the State Board shall
assign a number to each charter submission it receives under Section
27A-6 for its review and certification, based on the chronological
order in which the submission is received by it. The State Board shall
promptly notify local school boards when the maximum numbers of
certified charter schools authorized to operate have been reached.
(c) No charter shall be granted under this Article that would
convert any existing private, parochial, or non-public school to a
charter school.
(d) Enrollment in a charter school shall be open to any pupil who
resides within the geographic boundaries of the area served by the
local school board.
(e) Nothing in this Article shall prevent 2 or more local school
boards from jointly issuing a charter to a single shared charter
school, provided that all of the provisions of this Article are met as
to those local school boards.
(f) No local school board shall require any employee of the school
district to be employed in a charter school.
(g) No local school board shall require any pupil residing within
the geographic boundary of its district to enroll in a charter school.
(h) If there are more eligible applicants for enrollment in a
charter school than there are spaces available, successful applicants
shall be selected by lottery. However, priority shall be given to
siblings of pupils enrolled in the charter school and to pupils who
were enrolled in the charter school the previous school year, unless
expelled for cause. Dual enrollment at both a charter school and a
public school or non-public school shall not be allowed. A pupil who is
suspended or expelled from a charter school shall be deemed to be
suspended or expelled from the public schools of the school district in
which the pupil resides.
(i) (Blank).
(j) Notwithstanding any other provision of law to the contrary, a
school district in a city having a population exceeding 500,000 shall
not have a duty to collectively bargain with an exclusive
representative of its employees over decisions to grant or deny a
charter school proposal under Section 27A-8 of this Code, decisions to
renew or revoke a charter under Section 27A-9 of this Code, and the
impact of these decisions, provided that nothing in this Section shall
have the effect of negating, abrogating, replacing, reducing,
diminishing, or limiting in any way employee rights, guarantees, or
33 [November 20, 2002]
privileges granted in Sections 2, 3, 7, 8, 10, 14, and 15 of the
Illinois Educational Labor Relations Act.
(Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99; 91-407, eff.
8-3-99; 92-16, eff. 6-28-01.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter school
shall be organized and operated as a nonprofit corporation or other
discrete, legal, nonprofit entity authorized under the laws of the
State of Illinois.
(b) A charter school may be established under this Article by
creating a new school or by converting an existing public school or
attendance center to charter school status.
Beginning on the effective date of this amendatory
Act of the 92nd General Assembly, in all new applications submitted to
the State Board or a local school board to establish a charter school
in a city having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. The changes made to this
Section by this amendatory Act of the 92nd General Assembly do not
apply to charter schools existing or approved on or before the
effective date of this amendatory Act.
(c) A charter school shall be administered and governed by its
board of directors or other governing body in the manner provided in
its charter. The governing body of a charter school shall be subject
to the Freedom of Information Act and the Open Meetings Act.
(d) A charter school shall comply with all applicable health and
safety requirements applicable to public schools under the laws of the
State of Illinois.
(e) Except as otherwise provided in the School Code, a charter
school shall not charge tuition; provided that a charter school may
charge reasonable fees for textbooks, instructional materials, and
student activities.
(f) A charter school shall be responsible for the management and
operation of its fiscal affairs including, but not limited to, the
preparation of its budget. An audit of each charter school's finances
shall be conducted annually by an outside, independent contractor
retained by the charter school.
(g) A charter school shall comply with all provisions of this
Article and its charter. A charter school is exempt from all other
State laws and regulations in the School Code governing public schools
and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code regarding
criminal background investigations of applicants for employment;
(2) Sections 24-24 and 34-84A of the School Code regarding
discipline of students;
(3) The Local Governmental and Governmental Employees Tort
Immunity Act;
(4) Section 108.75 of the General Not For Profit Corporation
Act of 1986 regarding indemnification of officers, directors,
employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act; and
(7) Section 10-17a of the School Code regarding school report
cards.
(h) A charter school may negotiate and contract with a school
district, the governing body of a State college or university or public
community college, or any other public or for-profit or nonprofit
private entity for: (i) the use of a school building and grounds or any
other real property or facilities that the charter school desires to
use or convert for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service, activity,
or undertaking that the charter school is required to perform in order
to carry out the terms of its charter. However, a charter school
operating in a city having a population exceeding 500,000 may not
contract with a for-profit entity to manage or operate the school
[November 20, 2002] 34
during the period that commences on the effective date of this
amendatory Act of the 92nd General Assembly and concludes at the end of
the 2004-2005 school year. The changes made to this Section by this
amendatory Act of the 92nd General Assembly do not apply to charter
schools existing or approved on or before the effective date of this
amendatory Act. Except as provided in subsection (i) of this Section, a
school district may charge a charter school reasonable rent for the use
of the district's buildings, grounds, and facilities. Any services for
which a charter school contracts with a school district shall be
provided by the district at cost. Any services for which a charter
school contracts with a local school board or with the governing body
of a State college or university or public community college shall be
provided by the public entity at cost.
(i) In no event shall a charter school that is established by
converting an existing school or attendance center to charter school
status be required to pay rent for space that is deemed available, as
negotiated and provided in the charter agreement, in school district
facilities. However, all other costs for the operation and maintenance
of school district facilities that are used by the charter school shall
be subject to negotiation between the charter school and the local
school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or grade
level.
(Source: P.A. 91-407, eff. 8-3-99.)
(105 ILCS 5/27A-6)
Sec. 27A-6. Contract contents; applicability of laws and
regulations.
(a) A certified charter shall constitute a binding contract and
agreement between the charter school and a local school board under the
terms of which the local school board authorizes the governing body of
the charter school to operate the charter school on the terms specified
in the contract.
(b) Notwithstanding any other provision of this Article, the
certified charter may not waive or release the charter school from the
State goals, standards, and assessments established pursuant to Section
2-3.64. Beginning with the 2003-2004 school year, the certified charter
for a charter school operating in a city having a population exceeding
500,000 shall require the charter school to administer any other
nationally recognized standardized tests to its students that the
chartering entity administers to other students, and the results on
such tests shall be included in the chartering entity's assessment
reports.
(c) Subject to the provisions of subsection (e), a material
revision to a previously certified contract or a renewal shall be made
with the approval of both the local school board and the governing body
of the charter school.
(c-5) The proposed contract shall include a provision on how both
parties will address minor violations of the contract.
(d) The proposed contract between the governing body of a proposed
charter school and the local school board as described in Section 27A-7
must be submitted to and certified by the State Board before it can
take effect. If the State Board recommends that the proposed contract
be modified for consistency with this Article before it can be
certified, the modifications must be consented to by both the governing
body of the charter school and the local school board, and resubmitted
to the State Board for its certification. If the proposed contract is
resubmitted in a form that is not consistent with this Article, the
State Board may refuse to certify the charter.
The State Board shall assign a number to each submission or
resubmission in chronological order of receipt, and shall determine
whether the proposed contract is consistent with the provisions of this
Article. If the proposed contract complies, the State Board shall so
certify.
(e) No material revision to a previously certified contract or a
renewal shall be effective unless and until the State Board certifies
that the revision or renewal is consistent with the provisions of this
35 [November 20, 2002]
Article.
(Source: P.A. 91-407, eff. 8-3-99.)
(105 ILCS 5/27A-10)
Sec. 27A-10. Employees.
(a) A person shall be deemed to be employed by a charter school
unless a collective bargaining agreement or the charter school contract
otherwise provides.
(b) In all school districts, including special charter districts
and districts located in cities having a population exceeding 500,000,
the local school board shall determine by policy or by negotiated
agreement, if one exists, the employment status of any school district
employees who are employed by a charter school and who seek to return
to employment in the public schools of the district. Each local school
board shall grant, for a period of up to 5 years, a leave of absence to
those of its teachers who accept employment with a charter school. At
the end of the authorized leave of absence, the teacher must return to
the school district or resign; provided, however, that if the teacher
chooses to return to the school district, the teacher must be assigned
to a position which requires the teacher's certification and legal
qualifications. The contractual continued service status and
retirement benefits of a teacher of the district who is granted a leave
of absence to accept employment with a charter school shall not be
affected by that leave of absence.
(c) Charter schools shall employ in instructional positions, as
defined in the charter, individuals who are certificated under Article
21 of this the School Code or who possess the following qualifications:
(i) graduated with a bachelor's degree from an accredited
institution of higher learning;
(ii) been employed for a period of at least 5 years in an
area requiring application of the individual's education;
(iii) passed the tests of basic skills and subject matter
knowledge required by Section 21-1a of the School Code; and
(iv) demonstrate continuing evidence of professional growth
which shall include, but not be limited to, successful teaching
experience, attendance at professional meetings, membership in
professional organizations, additional credits earned at
institutions of higher learning, travel specifically for
educational purposes, and reading of professional books and
periodicals.
Charter schools employing individuals without certification in
instructional positions shall provide such mentoring, training, and
staff development for those individuals as the charter schools
determine necessary for satisfactory performance in the classroom.
Beginning with the 2006-2007 school year, at least 50% of the
individuals employed in instructional positions by a charter school
that is operating in a city having a population exceeding 500,000 and
that is established on or after the effective date of this amendatory
Act of the 92nd General Assembly shall hold teaching certificates
issued under Article 21 of this Code.
Beginning with the 2006-2007 school year, at least 75% of the
individuals employed in instructional positions by a charter school
that is operating in a city having a population exceeding 500,000 and
that is established before the effective date of this amendatory Act of
the 92nd General Assembly shall hold teaching certificates issued under
Article 21 of this Code.
Charter schools operating in a city having a population exceeding
500,000 are exempt from any annual cap on new participants in an
alternative certification program. The second and third phases of the
alternative certification program may be conducted and completed at the
charter school, and the alternative teaching certificate is valid for 4
years or the length of the charter (or any extension of the charter),
whichever is longer.
Notwithstanding any other provisions of the School Code, charter
schools may employ non-certificated staff in all other positions.
(d) A teacher at a charter school may resign his or her position
only if the teacher gives notice of resignation to the charter school's
[November 20, 2002] 36
governing body at least 60 days before the end of the school term, and
the resignation must take effect immediately upon the end of the school
term.
(Source: P.A. 89-450, eff. 4-10-96.)
(105 ILCS 5/34-3.5 new)
Sec. 34-3.5. Partnership agreement on advancing student
achievement; No Child Left Behind Act of 2001.
(a) The General Assembly finds that the Chicago Teachers Union,
the Chicago Board of Education, and the district's chief executive
officer have a common responsibility beyond their statutory collective
bargaining relationship to institute purposeful education reforms in
the Chicago Public Schools that maximize the number of students in the
Chicago Public Schools who reach or exceed proficiency with regard to
State academic standards and assessments. The General Assembly further
finds that education reform in the Chicago Public Schools must be
premised on a commitment by all stakeholders to redefine relationships,
develop, implement, and evaluate programs, seek new and additional
resources, improve the value of educational programs to students,
accelerate the quality of teacher training, improve instructional
excellence, and develop and implement strategies to comply with the
federal No Child Left Behind Act of 2001 (Public Law 107-110).
The Chicago Board of Education and the district's chief executive
officer shall enter into a partnership agreement with the Chicago
Teachers Union to allow the parties to work together to advance the
Chicago Public Schools to the next level of education reform. This
agreement must be entered into and take effect within 90 days after the
effective date of this amendatory Act of the 92nd General Assembly. As
part of this agreement, the Chicago Teachers Union, the Chicago Board
of Education, and the district's chief executive officer shall jointly
file a report with the General Assembly at the end of each school year
with respect to the nature of the reforms that the parties have
instituted, the effect of these reforms on student achievement, and any
other matters that the parties deem relevant to evaluating the
effectiveness of the agreement.
(b) Decisions concerning matters of inherent managerial policy
necessary to comply with the federal No Child Left Behind Act of 2001
(Public Law 107-110), including such areas of discretion or policy as
the functions of the employer, the standards and delivery of
educational services and programs, the district's overall budget, the
district's organizational structure, student assignment, school choice,
and the selection of new employees and direction of employees, and the
impact of these decisions on individual employees or the bargaining
unit shall be permissive subjects of bargaining between the educational
employer and the exclusive bargaining representative and are within the
sole discretion of the educational employer to decide to bargain,
notwithstanding any other provision of this Code or any provision of
Section 4.5 of the Illinois Educational Labor Relations Act to the
contrary (provided that any dispute or impasse that may arise under
this subsection (b) shall be resolved exclusively as set forth in
subsection (b) of Section 12 of the Illinois Educational Labor
Relations Act in lieu of a strike under Section 13 of the Illinois
Educational Labor Relations Act).
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to supervise
the operation of each attendance center. Their powers and duties shall
include but not be limited to the authority (i) to direct, supervise,
evaluate, and suspend with or without pay or otherwise discipline all
teachers, assistant principals, and other employees assigned to the
attendance center in accordance with board rules and policies and (ii)
to direct all other persons assigned to the attendance center pursuant
to a contract with a third party to provide services to the school
system. The right to employ, discharge, and layoff shall be vested
solely with the board, provided that decisions to discharge or suspend
non-certified employees, including disciplinary layoffs, and the
termination of certified employees from employment pursuant to a layoff
or reassignment policy is subject to review under a grievance
37 [November 20, 2002]
resolution procedure adopted pursuant to subsection (c) of Section 10
of the Illinois Educational Labor Relations Act. The grievance
resolution procedure, if adopted by the board, shall provide for final
and binding arbitration, and, notwithstanding any other provision of
law to the contrary, the arbitrator's decision may include all
make-whole relief, including without limitation reinstatement. The
principal shall fill positions by appointment as provided in this
Section and may make recommendations to the board regarding the
employment, discharge, or layoff of any individual. The authority of
the principal shall include the authority to direct the hours during
which the attendance center shall be open and available for use
provided the use complies with board rules and policies, to determine
when and what operations shall be conducted within those hours, and to
schedule staff within those hours. Under the direction of, and subject
to the authority of the principal, the Engineer In Charge shall be
accountable for the safe, economical operation of the plant and grounds
and shall also be responsible for orientation, training, and
supervising the work of Engineers, Trainees, school maintenance
assistants, custodial workers and other plant operation employees under
his or her direction.
There shall be established by the board a system of semi-annual
evaluations conducted by the principal as to performance of the
engineer in charge. Nothing in this Section shall prevent the
principal from conducting additional evaluations. An overall
numerical rating shall be given by the principal based on the
evaluation conducted by the principal. An unsatisfactory numerical
rating shall result in disciplinary action, which may include, without
limitation and in the judgment of the principal, loss of promotion or
bidding procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish procedures for
conducting the evaluation and reporting the results to the engineer in
charge.
Under the direction of, and subject to the authority of, the
principal, the Food Service Manager is responsible at all times for the
proper operation and maintenance of the lunch room to which he is
assigned and shall also be responsible for the orientation, training,
and supervising the work of cooks, bakers, porters, and lunchroom
attendants under his or her direction.
There shall be established by the Board a system of semi-annual
evaluations conducted by the principal as to the performance of the
food service manager. Nothing in this Section shall prevent the
principal from conducting additional evaluations. An overall numerical
rating shall be given by the principal based on the evaluation
conducted by the principal. An unsatisfactory numerical rating shall
result in disciplinary action which may include, without limitation and
in the judgment of the principal, loss of promotion or bidding
procedure, reprimand, suspension with or without pay, or recommended
dismissal. The board shall establish rules for conducting the
evaluation and reporting the results to the food service manager.
Nothing in this Section shall be interpreted to require the
employment or assignment of an Engineer-In-Charge or a Food Service
Manager for each attendance center.
Principals shall be employed to supervise the educational operation
of each attendance center. If a principal is absent due to extended
illness or leave or absence, an assistant principal may be assigned as
acting principal for a period not to exceed 100 school days. Each
principal shall assume administrative responsibility and instructional
leadership, in accordance with reasonable rules and regulations of the
board, for the planning, operation and evaluation of the educational
program of the attendance center to which he is assigned. The principal
shall submit recommendations to the general superintendent concerning
the appointment, dismissal, retention, promotion, and assignment of all
personnel assigned to the attendance center; provided, that from and
after September 1, 1989: (i) if any vacancy occurs in a position at the
attendance center or if an additional or new position is created at the
attendance center, that position shall be filled by appointment made by
[November 20, 2002] 38
the principal in accordance with procedures established and provided by
the Board whenever the majority of the duties included in that position
are to be performed at the attendance center which is under the
principal's supervision, and each such appointment so made by the
principal shall be made and based upon merit and ability to perform in
that position without regard to seniority or length of service,
provided, that such appointments shall be subject to the Board's
desegregation obligations, including but not limited to the Consent
Decree and Desegregation Plan in U.S. v. Chicago Board of Education;
(ii) the principal shall submit recommendations based upon merit and
ability to perform in the particular position, without regard to
seniority or length of service, to the general superintendent
concerning the appointment of any teacher, teacher aide, counselor,
clerk, hall guard, security guard and any other personnel which is to
be made by the general superintendent whenever less than a majority of
the duties of that teacher, teacher aide, counselor, clerk, hall guard,
and security guard and any other personnel are to be performed at the
attendance center which is under the principal's supervision; and (iii)
subject to law and the applicable collective bargaining agreements, the
authority and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an
attendance center shall commence immediately upon his or her
appointment as principal of the attendance center, without regard to
the length of time that he or she has been the principal of that
attendance center.
Notwithstanding the existence of any other law of this State,
nothing in this Act shall prevent the board from entering into a
contract with a third party for services currently performed by any
employee or bargaining unit member.
Notwithstanding any other provision of this Article, each principal
may approve contracts, binding on the board, in the amount of no more
than $10,000, if the contract is endorsed by the Local School Council.
Unless otherwise prohibited by law or by rule of the board, the
principal shall provide to local school council members copies of all
internal audits and any other pertinent information generated by any
audits or reviews of the programs and operation of the attendance
center.
Each principal shall hold a valid administrative certificate issued
or exchanged in accordance with Article 21 and endorsed as required by
that Article for the position of principal. The board may establish or
impose academic, educational, examination, and experience requirements
and criteria that are in addition to those established and required by
Article 21 for issuance of a valid certificate endorsed for the
position of principal as a condition of the nomination, selection,
appointment, employment, or continued employment of a person as
principal of any attendance center, or as a condition of the renewal of
any principal's performance contract.
The board shall specify in its formal job description for
principals, and from and after July 1, 1990 shall specify in the 4 year
performance contracts for use with respect to all principals, that his
or her primary responsibility is in the improvement of instruction. A
majority of the time spent by a principal shall be spent on curriculum
and staff development through both formal and informal activities,
establishing clear lines of communication regarding school goals,
accomplishments, practices and policies with parents and teachers. The
principal, with the assistance of the local school council, shall
develop a school improvement plan as provided in Section 34-2.4 and,
upon approval of the plan by the local school council, shall be
responsible for directing implementation of the plan. The principal,
with the assistance of the Professional Personnel Advisory Committee,
shall develop the specific methods and contents of the school's
curriculum within the board's system-wide curriculum standards and
objectives and the requirements of the school improvement plan. The
board shall ensure that all principals are evaluated on their
instructional leadership ability and their ability to maintain a
positive education and learning climate. It shall also be the
39 [November 20, 2002]
responsibility of the principal to utilize resources of proper law
enforcement agencies when the safety and welfare of students and
teachers are threatened by illegal use of drugs and alcohol, by illegal
use or possession of weapons, or by illegal gang activity.
On or before October 1, 1989, the Board of Education, in
consultation with any professional organization representing principals
in the district, shall promulgate rules and implement a lottery for the
purpose of determining whether a principal's existing performance
contract (including the performance contract applicable to any
principal's position in which a vacancy then exists) expires on June
30, 1990 or on June 30, 1991, and whether the ensuing 4 year
performance contract begins on July 1, 1990 or July 1, 1991. The Board
of Education shall establish and conduct the lottery in such manner
that of all the performance contracts of principals (including the
performance contracts applicable to all principal positions in which a
vacancy then exists), 50% of such contracts shall expire on June 30,
1990, and 50% shall expire on June 30, 1991. All persons serving as
principal on May 1, 1989, and all persons appointed as principal after
May 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
other than as provided by Section 34-2.3, shall be deemed by operation
of law to be serving under a performance contract which expires on June
30, 1990 or June 30, 1991; and unless such performance contract of any
such principal is renewed (or such person is again appointed to serve
as principal) in the manner provided by Section 34-2.2 or 34-2.3, the
employment of such person as principal shall terminate on June 30, 1990
or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the
principal of each attendance center shall be the person selected in the
manner provided by Section 34-2.3 to serve as principal of that
attendance center under a 4 year performance contract. All performance
contracts of principals expiring after July 1, 1990, or July 1, 1991,
shall commence on the date specified in the contract, and the renewal
of their performance contracts and the appointment of principals when
their performance contracts are not renewed shall be governed by
Sections 34-2.2 and 34-2.3. Whenever a vacancy in the office of a
principal occurs for any reason, the vacancy shall be filled by the
selection of a new principal to serve under a 4 year performance
contract in the manner provided by Section 34-2.3.
The board of education shall develop and prepare, in consultation
with the organization representing principals, a performance contract
for use at all attendance centers, and shall furnish the same to each
local school council. The term of the performance contract shall be 4
years, unless the principal is retained by the decision of a hearing
officer pursuant to subdivision 1.5 of Section 34-2.3, in which case
the contract shall be extended for 2 years. The performance contract
of each principal shall consist of the uniform performance contract, as
developed or from time to time modified by the board, and such
additional criteria as are established by a local school council
pursuant to Section 34-2.3 for the performance contract of its
principal.
During the term of his or her performance contract, a principal may
be removed only as provided for in the performance contract except for
cause. He or she shall also be obliged to follow the rules of the
board of education concerning conduct and efficiency.
In the event the performance contract of a principal is not renewed
or a principal is not reappointed as principal under a new performance
contract, or in the event a principal is appointed to any position of
superintendent or higher position, or voluntarily resigns his position
of principal, his or her employment as a principal shall terminate and
such former principal shall not be reinstated to the position from
which he or she was promoted to principal, except that he or she, if
otherwise qualified and certified in accordance with Article 21, shall
be placed by the board on appropriate eligibility lists which it
prepares for use in the filling of vacant or additional or newly
created positions for teachers. The principal's total years of service
to the board as both a teacher and a principal, or in other
[November 20, 2002] 40
professional capacities, shall be used in calculating years of
experience for purposes of being selected as a teacher into new,
additional or vacant positions.
In the event the performance contract of a principal is not renewed
or a principal is not reappointed as principal under a new performance
contract, such principal shall be eligible to continue to receive his
or her previously provided level of health insurance benefits for a
period of 90 days following the non-renewal of the contract at no
expense to the principal, provided that such principal has not retired.
(Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise general
supervision and jurisdiction over the public education and the public
school system of the city, and, except as otherwise provided by this
Article, shall have power:
1. To make suitable provision for the establishment and
maintenance throughout the year or for such portion thereof as it
may direct, not less than 9 months, of schools of all grades and
kinds, including normal schools, high schools, night schools,
schools for defectives and delinquents, parental and truant
schools, schools for the blind, the deaf and the crippled, schools
or classes in manual training, constructural and vocational
teaching, domestic arts and physical culture, vocation and
extension schools and lecture courses, and all other educational
courses and facilities, including establishing, equipping,
maintaining and operating playgrounds and recreational programs,
when such programs are conducted in, adjacent to, or connected with
any public school under the general supervision and jurisdiction of
the board; provided, however, that in allocating funds from year to
year for the operation of all attendance centers within the
district, the board shall ensure that supplemental general State
aid funds are allocated and applied in accordance with Section 18-8
or 18-8.05. To admit to such schools without charge foreign
exchange students who are participants in an organized exchange
student program which is authorized by the board. The board shall
permit all students to enroll in apprenticeship programs in trade
schools operated by the board, whether those programs are
union-sponsored or not. No student shall be refused admission into
or be excluded from any course of instruction offered in the common
schools by reason of that student's sex. No student shall be
denied equal access to physical education and interscholastic
athletic programs supported from school district funds or denied
participation in comparable physical education and athletic
programs solely by reason of the student's sex. Equal access to
programs supported from school district funds and comparable
programs will be defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this Article,
neither the board of education nor any local school council or
other school official shall recommend that children with
disabilities be placed into regular education classrooms unless
those children with disabilities are provided with supplementary
services to assist them so that they benefit from the regular
classroom instruction and are included on the teacher's regular
education class register;
2. To furnish lunches to pupils, to make a reasonable charge
therefor, and to use school funds for the payment of such expenses
as the board may determine are necessary in conducting the school
lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or quasi-public
libraries and museums for the use of their facilities by teachers
and pupils of the public schools;
5. To employ dentists and prescribe their duties for the
purpose of treating the pupils in the schools, but accepting such
treatment shall be optional with parents or guardians;
41 [November 20, 2002]
6. To grant the use of assembly halls and classrooms when not
otherwise needed, including light, heat, and attendants, for free
public lectures, concerts, and other educational and social
interests, free of charge, under such provisions and control as the
principal of the affected attendance center may prescribe;
7. To apportion the pupils to the several schools; provided
that no pupil shall be excluded from or segregated in any such
school on account of his color, race, sex, or nationality. The
board shall take into consideration the prevention of segregation
and the elimination of separation of children in public schools
because of color, race, sex, or nationality. Except that children
may be committed to or attend parental and social adjustment
schools established and maintained either for boys or girls only.
All records pertaining to the creation, alteration or revision of
attendance areas shall be open to the public. Nothing herein shall
limit the board's authority to establish multi-area attendance
centers or other student assignment systems for desegregation
purposes or otherwise, and to apportion the pupils to the several
schools. Furthermore, beginning in school year 1994-95, pursuant
to a board plan adopted by October 1, 1993, the board shall offer,
commencing on a phased-in basis, the opportunity for families
within the school district to apply for enrollment of their
children in any attendance center within the school district which
does not have selective admission requirements approved by the
board. The appropriate geographical area in which such open
enrollment may be exercised shall be determined by the board of
education. Such children may be admitted to any such attendance
center on a space available basis after all children residing
within such attendance center's area have been accommodated. If
the number of applicants from outside the attendance area exceed
the space available, then successful applicants shall be selected
by lottery. The board of education's open enrollment plan must
include provisions that allow low income students to have access to
transportation needed to exercise school choice. Open enrollment
shall be in compliance with the provisions of the Consent Decree
and Desegregation Plan cited in Section 34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall be
construed to permit or empower the State Board of Education to
order, mandate, or require busing or other transportation of pupils
for the purpose of achieving racial balance in any school;
9. Subject to the limitations in this Article, to establish
and approve system-wide curriculum objectives and standards,
including graduation standards, which reflect the multi-cultural
diversity in the city and are consistent with State law, provided
that for all purposes of this Article courses or proficiency in
American Sign Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ principals and
teachers, appointed as provided in this Article, and fix their
compensation. The board shall prepare such reports related to
minimal competency testing as may be requested by the State Board
of Education, and in addition shall monitor and approve special
education and bilingual education programs and policies within the
district to assure that appropriate services are provided in
accordance with applicable State and federal laws to children
requiring services and education in those areas;
10. To employ non-teaching personnel or utilize volunteer
personnel for: (i) non-teaching duties not requiring instructional
judgment or evaluation of pupils, including library duties; and
(ii) supervising study halls, long distance teaching reception
areas used incident to instructional programs transmitted by
electronic media such as computers, video, and audio, detention and
discipline areas, and school-sponsored extracurricular activities.
The board may further utilize volunteer non-certificated personnel
or employ non-certificated personnel to assist in the instruction
of pupils under the immediate supervision of a teacher holding a
[November 20, 2002] 42
valid certificate, directly engaged in teaching subject matter or
conducting activities; provided that the teacher shall be
continuously aware of the non-certificated persons' activities and
shall be able to control or modify them. The general
superintendent shall determine qualifications of such personnel and
shall prescribe rules for determining the duties and activities to
be assigned to such personnel;
10.5. To utilize volunteer personnel from a regional School
Crisis Assistance Team (S.C.A.T.), created as part of the Safe to
Learn Program established pursuant to Section 25 of the Illinois
Violence Prevention Act of 1995, to provide assistance to schools
in times of violence or other traumatic incidents within a school
community by providing crisis intervention services to lessen the
effects of emotional trauma on individuals and the community; the
School Crisis Assistance Team Steering Committee shall determine
the qualifications for volunteers;
11. To provide television studio facilities in not to exceed
one school building and to provide programs for educational
purposes, provided, however, that the board shall not construct,
acquire, operate, or maintain a television transmitter; to grant
the use of its studio facilities to a licensed television station
located in the school district; and to maintain and operate not to
exceed one school radio transmitting station and provide programs
for educational purposes;
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of Illinois, or
adjacent states, and to use school educational funds for the
expense of the said outdoor educational programs, whether within
the school district or not;
13. During that period of the calendar year not embraced
within the regular school term, to provide and conduct courses in
subject matters normally embraced in the program of the schools
during the regular school term and to give regular school credit
for satisfactory completion by the student of such courses as may
be approved for credit by the State Board of Education;
14. To insure against any loss or liability of the board, the
former School Board Nominating Commission, Local School Councils,
the Chicago Schools Academic Accountability Council, or the former
Subdistrict Councils or of any member, officer, agent or employee
thereof, resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or from the
wrongful or negligent act or omission of any such person whether
occurring within or without the school premises, provided the
officer, agent or employee was, at the time of the alleged
violation of civil rights or wrongful act or omission, acting
within the scope of his employment or under direction of the board,
the former School Board Nominating Commission, the Chicago Schools
Academic Accountability Council, Local School Councils, or the
former Subdistrict Councils; and to provide for or participate in
insurance plans for its officers and employees, including but not
limited to retirement annuities, medical, surgical and
hospitalization benefits in such types and amounts as may be
determined by the board; provided, however, that the board shall
contract for such insurance only with an insurance company
authorized to do business in this State. Such insurance may
include provision for employees who rely on treatment by prayer or
spiritual means alone for healing, in accordance with the tenets
and practice of a recognized religious denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the case may be,
to provide for the regulation of traffic in parking areas of
property used for school purposes, in such manner as is provided by
Section 11-209 of The Illinois Vehicle Code, approved September 29,
1969, as amended;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the official
43 [November 20, 2002]
recruiting representatives of the armed forces of Illinois and the
United States for the purposes of informing students of the
educational and career opportunities available in the military if
the board has provided such access to persons or groups whose
purpose is to acquaint students with educational or occupational
opportunities available to them. The board is not required to give
greater notice regarding the right of access to recruiting
representatives than is given to other persons and groups. In this
paragraph 16, "directory information" means a high school student's
name, address, and telephone number.
(b) If a student or his or her parent or guardian submits a
signed, written request to the high school before the end of the
student's sophomore year (or if the student is a transfer student,
by another time set by the high school) that indicates that the
student or his or her parent or guardian does not want the
student's directory information to be provided to official
recruiting representatives under subsection (a) of this Section,
the high school may not provide access to the student's directory
information to these recruiting representatives. The high school
shall notify its students and their parents or guardians of the
provisions of this subsection (b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the United
States to pay a fee for copying and mailing a student's directory
information in an amount that is not more than the actual costs
incurred by the high school.
(d) Information received by an official recruiting
representative under this Section may be used only to provide
information to students concerning educational and career
opportunities available in the military and may not be released to
a person who is not involved in recruiting students for the armed
forces of Illinois or the United States;
17. (a) To sell or market any computer program developed by
an employee of the school district, provided that such employee
developed the computer program as a direct result of his or her
duties with the school district or through the utilization of the
school district resources or facilities. The employee who
developed the computer program shall be entitled to share in the
proceeds of such sale or marketing of the computer program. The
distribution of such proceeds between the employee and the school
district shall be as agreed upon by the employee and the school
district, except that neither the employee nor the school district
may receive more than 90% of such proceeds. The negotiation for an
employee who is represented by an exclusive bargaining
representative may be conducted by such bargaining representative
at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed, general
purpose digital device capable of automatically accepting
data, processing data and supplying the results of the
operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a computer,
which causes the computer to process data in order to achieve
a certain result.
(3) "Proceeds" means profits derived from marketing or
sale of a product after deducting the expenses of developing
and marketing such product;
18. To delegate to the general superintendent of schools, by
resolution, the authority to approve contracts and expenditures in
amounts of $10,000 or less;
19. Upon the written request of an employee, to withhold from
the compensation of that employee any dues, payments or
contributions payable by such employee to any labor organization as
defined in the Illinois Educational Labor Relations Act. Under
such arrangement, an amount shall be withheld from each regular
[November 20, 2002] 44
payroll period which is equal to the pro rata share of the annual
dues plus any payments or contributions, and the board shall
transmit such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a county with a
population of 3,000,000 or more, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, or a housing
authority of a municipality with a population of 500,000 or more
that a debt is due and owing the municipality, the county, the Cook
County Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit
Authority, or the housing authority by an employee of the Chicago
Board of Education, to withhold, from the compensation of that
employee, the amount of the debt that is due and owing and pay the
amount withheld to the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit
Authority, or the housing authority; provided, however, that the
amount deducted from any one salary or wage payment shall not
exceed 25% of the net amount of the payment. Before the Board
deducts any amount from any salary or wage of an employee under
this paragraph, the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit
Authority, or the housing authority shall certify that (i) the
employee has been afforded an opportunity for a hearing to dispute
the debt that is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park District,
the Metropolitan Water Reclamation District, the Chicago Transit
Authority, or the housing authority and (ii) the employee has
received notice of a wage deduction order and has been afforded an
opportunity for a hearing to object to the order. For purposes of
this paragraph, "net amount" means that part of the salary or wage
payment remaining after the deduction of any amounts required by
law to be deducted and "debt due and owing" means (i) a specified
sum of money owed to the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit
Authority, or the housing authority for services, work, or goods,
after the period granted for payment has expired, or (ii) a
specified sum of money owed to the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park District,
the Metropolitan Water Reclamation District, the Chicago Transit
Authority, or the housing authority pursuant to a court order or
order of an administrative hearing officer after the exhaustion of,
or the failure to exhaust, judicial review;
20. The board is encouraged to employ a sufficient number of
certified school counselors to maintain a student/counselor ratio
of 250 to 1 by July 1, 1990. Each counselor shall spend at least
75% of his work time in direct contact with students and shall
maintain a record of such time;
21. To make available to students vocational and career
counseling and to establish 5 special career counseling days for
students and parents. On these days representatives of local
businesses and industries shall be invited to the school campus and
shall inform students of career opportunities available to them in
the various businesses and industries. Special consideration shall
be given to counseling minority students as to career opportunities
available to them in various fields. For the purposes of this
paragraph, minority student means a person who is:
(a) Black (a person having origins in any of the black
racial groups in Africa);
(b) Hispanic (a person of Spanish or Portuguese culture
with origins in Mexico, South or Central America, or the
45 [November 20, 2002]
Caribbean islands, regardless of race);
(c) Asian American (a person having origins in any of
the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent or the Pacific Islands); or
(d) American Indian or Alaskan Native (a person having
origins in any of the original peoples of North America).
Counseling days shall not be in lieu of regular school days;
22. To report to the State Board of Education the annual
student dropout rate and number of students who graduate from,
transfer from or otherwise leave bilingual programs;
23. Except as otherwise provided in the Abused and Neglected
Child Reporting Act or other applicable State or federal law, to
permit school officials to withhold, from any person, information
on the whereabouts of any child removed from school premises when
the child has been taken into protective custody as a victim of
suspected child abuse. School officials shall direct such person
to the Department of Children and Family Services, or to the local
law enforcement agency if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment and efficient
utilization of available resources, for capital improvement of
schools and school buildings within the district, addressing in
that policy both the relative priority for major repairs,
renovations and additions to school facilities, and the
advisability or necessity of building new school facilities or
closing existing schools to meet current or projected demographic
patterns within the district;
25. To make available to the students in every high school
attendance center the ability to take all courses necessary to
comply with the Board of Higher Education's college entrance
criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become certified
teachers, by allowing credit for professional employment in related
fields when determining point of entry on teacher pay scale;
27. To provide or contract out training programs for
administrative personnel and principals with revised or expanded
duties pursuant to this Act in order to assure they have the
knowledge and skills to perform their duties;
28. To establish a fund for the prioritized special needs
programs, and to allocate such funds and other lump sum amounts to
each attendance center in a manner consistent with the provisions
of part 4 of Section 34-2.3. Nothing in this paragraph shall be
construed to require any additional appropriations of State funds
for this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or any
other law to the contrary, to contract with third parties for
services otherwise performed by employees, including those in a
bargaining unit, and to layoff those employees upon 14 days written
notice to the affected employees. Those contracts may be for a
period not to exceed 5 years and may be awarded on a system-wide
basis;
31. To promulgate rules establishing procedures governing the
layoff or reduction in force of employees and the recall of such
employees, including, but not limited to, criteria for such
layoffs, reductions in force or recall rights of such employees and
the weight to be given to any particular criterion. Such criteria
shall take into account factors including, but not be limited to,
qualifications, certifications, experience, performance ratings or
evaluations, and any other factors relating to an employee's job
performance; and
32. To develop a policy to prevent nepotism in the hiring of
personnel or the selection of contractors;.
33. To enter into a partnership agreement, as required by
Section 34-3.5 of this Code, and, notwithstanding any other
[November 20, 2002] 46
provision of law to the contrary, to promulgate policies, enter
into contracts, and take any other action necessary to accomplish
the objectives and implement the requirements of that agreement;
and
34. To establish a Labor Management Council to the board
comprised of representatives of the board, the chief executive
officer, and those labor organizations that are the exclusive
representatives of employees of the board and to promulgate
policies and procedures for the operation of the Council.
The specifications of the powers herein granted are not to be
construed as exclusive but the board shall also exercise all other
powers that they may be requisite or proper for the maintenance and the
development of a public school system, not inconsistent with the other
provisions of this Article or provisions of this Code which apply to
all school districts.
In addition to the powers herein granted and authorized to be
exercised by the board, it shall be the duty of the board to review or
to direct independent reviews of special education expenditures and
services. The board shall file a report of such review with the General
Assembly on or before May 1, 1990.
(Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02; 92-724, eff.
7-25-02; revised 9-24-02.)
Section 10. The Illinois Educational Labor Relations Act is
amended by changing Sections 4.5 and 12 as follows:
(115 ILCS 5/4.5)
Sec. 4.5. Prohibited Subjects of collective bargaining.
(a) Notwithstanding the existence of any other provision in this
Act or other law, collective bargaining between an educational employer
whose territorial boundaries are coterminous with those of a city
having a population in excess of 500,000 and an exclusive
representative of its employees may shall not include any of the
following subjects:
(1) (Blank). Decisions to grant or deny a charter school
proposal under Section 27A-8 of the Charter Schools Law, to renew
or revoke a charter under Section 27A-9 of the Charter Schools Law,
or to grant or deny a leave of absence to an employee of a school
district to become an employee of a charter school, and the impact
of these decisions on individual employees or the bargaining unit.
(2) Decisions to contract with a third party for one or more
services otherwise performed by employees in a bargaining unit and,
the procedures for obtaining such contract or the identity of the
third party, and the impact of these decisions on individual
employees or the bargaining unit.
(3) Decisions to layoff or reduce in force employees
(including but not limited to reserve teachers or teachers who are
no longer on an administrative payroll) due to lack of work or
funds, including but not limited to decline in student enrollment,
change in subject requirements within the attendance center
organization, closing of an attendance center, or contracts with
third parties for the performance of services, and the impact of
these decisions on individual employees or the bargaining unit.
(4) Decisions to determine class size, class staffing and
assignment, class schedules, academic calendar, hours and places of
instruction, or pupil assessment policies, and the impact of these
decisions on individual employees or the bargaining unit.
(5) Decisions concerning use and staffing of experimental or
pilot programs and, decisions concerning use of technology to
deliver educational programs and services and staffing to provide
the technology, and the impact of these decisions on individual
employees or the bargaining unit.
(b) The subject or matters described in subsection (a) are
permissive prohibited subjects of bargaining between an educational
employer and an exclusive representative of its employees and, for the
purpose of this Act, are within the sole discretion authority of the
educational employer to decide to bargain, provided that the
educational employer is required to bargain over the impact of a
47 [November 20, 2002]
decision concerning such subject or matter on the bargaining unit upon
request by the exclusive representative. During this bargaining, the
educational employer shall not be precluded from implementing its
decision. If, after a reasonable period of bargaining, a dispute or
impasse exists between the educational employer and the exclusive
representative, the dispute or impasse shall be resolved exclusively as
set forth in subsection (b) of Section 12 of this Act in lieu of a
strike under Section 13 of this Act.
(c) A provision in a collective bargaining agreement that was
rendered null and void because it involved a prohibited subject of
collective bargaining under this subsection (c) as this subsection (c)
existed before the effective date of this amendatory Act of the 92nd
General Assembly remains null and void and shall not otherwise be
reinstated in any successor agreement unless the educational employer
and exclusive representative otherwise agree to include an agreement
reached on a subject or matter described in subsection (a) of this
Section as subsection (a) existed before this amendatory Act of the
92nd General Assembly. This Section shall apply to collective
bargaining agreements that become effective after the effective date of
this amendatory Act of 1995 and shall render a provision involving a
prohibited subject in such agreement null and void.
(Source: P.A. 89-15, eff. 5-30-95.)
(115 ILCS 5/12) (from Ch. 48, par. 1712)
Sec. 12. Impasse procedures.
(a) If the parties engaged in collective bargaining have not
reached an agreement by 90 days before the scheduled start of the
forthcoming school year, the parties shall notify the Illinois
Educational Labor Relations Board concerning the status of
negotiations.
Upon demand of either party, collective bargaining between the
employer and an exclusive bargaining representative must begin within
60 days of the date of certification of the representative by the
Board, or in the case of an existing exclusive bargaining
representative, within 60 days of the receipt by a party of a demand to
bargain issued by the other party. Once commenced, collective
bargaining must continue for at least a 60 day period, unless a
contract is entered into.
Except as otherwise provided in subsection (b) of this Section, if
after a reasonable period of negotiation and within 45 days of the
scheduled start of the forth-coming school year, the parties engaged in
collective bargaining have reached an impasse, either party may
petition the Board to initiate mediation. Alternatively, the Board on
its own motion may initiate mediation during this period. However,
mediation shall be initiated by the Board at any time when jointly
requested by the parties and the services of the mediators shall
continuously be made available to the employer and to the exclusive
bargaining representative for purposes of arbitration of grievances and
mediation or arbitration of contract disputes. If requested by the
parties, the mediator may perform fact-finding and in so doing conduct
hearings and make written findings and recommendations for resolution
of the dispute. Such mediation shall be provided by the Board and
shall be held before qualified impartial individuals. Nothing
prohibits the use of other individuals or organizations such as the
Federal Mediation and Conciliation Service or the American Arbitration
Association selected by both the exclusive bargaining representative
and the employer.
If the parties engaged in collective bargaining fail to reach an
agreement within 15 days of the scheduled start of the forthcoming
school year and have not requested mediation, the Illinois Educational
Labor Relations Board shall invoke mediation.
Whenever mediation is initiated or invoked under this subsection
(a) Section, the parties may stipulate to defer selection of a mediator
in accordance with rules adopted by the Board.
(b) If, after a reasonable period of bargaining of at least 60
days, a dispute or impasse exists between an employer whose territorial
boundaries are coterminous with those of a city having a population in
[November 20, 2002] 48
excess of 500,000 and the exclusive bargaining representative over a
subject or matter set forth in Section 4.5 of this Act, the parties
shall submit the dispute or impasse to the dispute resolution procedure
agreed to between the parties. The procedure shall provide for
mediation of disputes by a rotating mediation panel and may, at the
request of either party, include the issuance of advisory findings of
fact and recommendations.
(c) The costs of fact finding and mediation shall be shared
equally between the employer and the exclusive bargaining agent,
provided that, for purposes of mediation under this Act, if either
party requests the use of mediation services from the Federal Mediation
and Conciliation Service, the other party shall either join in such
request or bear the additional cost of mediation services from another
source.
(d) Nothing in this Act prevents an employer and an exclusive
bargaining representative from mutually submitting to final and binding
impartial arbitration unresolved issues concerning the terms of a new
collective bargaining agreement.
(Source: P.A. 86-412.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
Representative McKeon offered the following amendment and moved its
adoption:
AMENDMENT NO. 3 TO SENATE BILL 1240
AMENDMENT NO. 3. Amend Senate Bill 1240, AS AMENDED, with
reference to page and line numbers of House Amendment No. 2, as
follows:
on page 5, line 33, by replacing "operating" with "that is established
on or after the effective date of this amendatory Act of the 92nd
General Assembly and that operates"; and
on page 6, by replacing lines 4 through 7 with the following: "the end
of the 2004-2005 school year."; and
on page 12, by replacing lines 5 through 7 with the following:
"educational employer to decide to bargain. This subsection (b) is
exclusive of the parties' obligations and responsibilities under
Section 4.5 of the Illinois Educational Labor Relations Act"; and
on page 12, line 8, by deleting "contrary"; and
on page 12, line 28, by replacing "is" with "are"; and
on page 12, line 29, by replacing "under a" with "under the"; and
on page 12, line 32, by replacing ", if adopted by the board," with
"adopted by the board"; and
on page 37, line 26, by deleting "reasonable".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1, 2 and 3 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 980. Having been printed, was taken up and read by
title a second time.
Representative Currie offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO SENATE BILL 980
AMENDMENT NO. 1. Amend Senate Bill 980 by replacing the title with
49 [November 20, 2002]
the following:
"AN ACT concerning the Metropolitan Water Reclamation District.";
and
by replacing everything after the enacting clause with:
"Section 5. The Metropolitan Water Reclamation District Act is
amended by changing Section 4 as follows:
(70 ILCS 2605/4) (from Ch. 42, par. 323)
Sec. 4. The commissioners elected under this Act constitute a
board of commissioners for the district by which they are elected,
which board of commissioners is the corporate authority of the sanitary
district, and, in addition to all other powers specified in this Act,
shall establish the policies and goals of the sanitary district. The
general superintendent, in addition to all other powers specified in
this Act, shall manage and control all the affairs and property of the
sanitary district and shall regularly report to the Board of
Commissioners on the activities of the sanitary district in executing
the policies and goals established by the board. At the regularly
scheduled meeting of odd numbered years following the induction of new
commissioners the board of commissioners shall elect from its own
number a president and a vice-president to serve in the absence of the
president, and the chairman of the committee on finance. The board
shall provide by rule when a vacancy occurs in the office of the
president, vice-president, or the chairman of the committee on finance
and the manner of filling such vacancy.
The board shall appoint from outside its own number the general
superintendent and treasurer for the district.
The general superintendent must be a resident of the sanitary
district and a citizen of the United States. He must be selected
solely upon his administrative and technical qualifications and without
regard to his political affiliations.
In the event of illness or other prolonged absence, death or
resignation creating a vacancy in the office of the general
superintendent, or treasurer, the board of commissioners may appoint an
acting officer from outside its own number, to perform the duties and
responsibilities of the office during the term of the absence or
vacancy.
The general superintendent with the advice and consent of the board
of commissioners, shall appoint the chief engineer, chief of
maintenance and operations, director of personnel, purchasing agent,
clerk, attorney, director of research and development, and director of
information technology. These constitute the heads of the Department
of Engineering, Maintenance and Operations, Personnel, Purchasing,
Finance, Law, Research and Development, and Information Technology,
respectively. No other departments or heads of departments may be
created without subsequent amendment to this Act. All such department
heads are under the direct supervision of the general superintendent.
The director of personnel must be qualified under Section 4.2a of
this Act.
The purchasing agent must be selected in accordance with Section
11.16 of this Act.
In the event of illness or other prolonged absence, death or
resignation creating a vacancy in the office of chief engineer, chief
of maintenance and operations, director of personnel, purchasing agent,
clerk, attorney, director of research and development, or director of
information technology, the general superintendent shall appoint an
acting officer to perform the duties and responsibilities of the office
during the term of the absence or vacancy. Any such officers appointed
in an acting capacity are under the direct supervision of the general
superintendent.
All appointive officers and acting officers shall give bond as may
be required by the board.
The general superintendent, treasurer, acting general
superintendent and acting treasurer hold their offices at the pleasure
of the board of commissioners.
The acting chief engineer, acting chief of maintenance and
operations, acting purchasing agent, acting director of personnel,
[November 20, 2002] 50
acting clerk, acting attorney, acting director of research and
development, and acting director of information technology hold their
offices at the pleasure of the general superintendent.
The chief engineer, chief of maintenance and operations, director
of personnel, purchasing agent, clerk, attorney, director of research
and development, and director of information technology may be removed
from office for cause by the general superintendent. Prior to removal,
such officers are entitled to a public hearing before the general
superintendent at which hearing they may be represented by counsel.
Before the hearing, the general superintendent shall notify the board
of commissioners of the date, time, place and nature of the hearing.
In addition to the attorney appointed by the general
superintendent, the board of commissioners may appoint from outside its
own number an attorney, or retain counsel, to advise the board of
commissioners with respect to its powers and duties and with respect to
legal questions and matters of policy for which the board of
commissioners is responsible.
The general superintendent is the chief administrative officer of
the district, has supervision over and is responsible for all
administrative and operational matters of the sanitary district
including the duties of all employees which are not otherwise
designated by law, and is the appointing authority as specified in
Section 4.11 of this Act.
The board, through the budget process, shall fix the compensation
of all the officers and employees of the sanitary district. Any
incumbent of the office of president may appoint an administrative aide
which appointment remains in force during his incumbency unless revoked
by the president.
Effective upon the election in January, 1985 of the president and
vice-president of the board of commissioners and the chairman of the
committee on finance, the annual salary of the president shall be
$37,500 and shall be increased to $39,500 in January, 1987, $41,500 in
January, 1989, $50,000 in January, 1991, and $60,000 in January, 2001,
and $63,000 in January, 2003; the annual salary of the vice-president
shall be $35,000 and shall be increased to $37,000 in January, 1987,
$39,000 in January, 1989, $45,000 in January, 1991, and $55,000 in
January, 2001, and $57,500 in January, 2003; the annual salary of the
chairman of the committee on finance shall be $32,500 and shall be
increased to $34,500 in January, 1987, $36,500 in January, 1989,
$45,000 in January, 1991, and $55,000 in January, 2001, and $57,500 in
January, 2003.
The annual salaries of the other members of the Board shall be as
follows:
For the three members elected in November, 1980, $26,500 per annum
for the first two years of the term; $28,000 per annum for the next two
years of the term and $30,000 per annum for the last two years.
For the three members elected in November, 1982, $28,000 per annum
for the first two years of the term and $30,000 per annum thereafter.
For members elected in November, 1984, $30,000 per annum.
For the three members elected in November, 1986, $32,000 for each
of the first two years of the term, $34,000 for each of the next two
years and $36,000 for the last two years;
For three members elected in November, 1988, $34,000 for each of
the first two years of the term and $36,000 for each year thereafter.
For members elected in November, 1990, 1992, 1994, 1996, or 1998,
$40,000.
For members elected in November, 2000 and thereafter, $50,000.
For members elected in November, 2002 and thereafter, $52,000.
The board of commissioners has full power to pass all necessary
ordinances, orders, rules, resolutions and regulations for the proper
management and conduct of the business of the board of commissioners
and the corporation and for carrying into effect the object for which
the sanitary district is formed. All ordinances, orders, rules,
resolutions and regulations passed by the board of commissioners must,
before they take effect, be approved by the president of the board of
commissioners. If he approves thereof, he shall sign them, and such as
51 [November 20, 2002]
he does not approve he shall return to the board of commissioners with
his objections in writing at the next regular meeting of the board of
commissioners occurring after the passage thereof. Such veto may
extend to any one or more items or appropriations contained in any
ordinance making an appropriation, or to the entire ordinance. If the
veto extends to a part of such ordinance, the residue takes effect. If
the president of such board of commissioners fails to return any
ordinance, order, rule, resolution or regulation with his objections
thereto in the time required, he is deemed to have approved it, and it
takes effect accordingly. Upon the return of any ordinance, order,
rule, resolution, or regulation by the president, the vote by which it
was passed must be reconsidered by the board of commissioners, and if
upon such reconsideration two-thirds of all the members agree by yeas
and nays to pass it, it takes effect notwithstanding the president's
refusal to approve thereof.
It is the policy of this State that all powers granted, either
expressly or by necessary implication, by this Act or any other
Illinois statute to the District may be exercised by the District
notwithstanding effects on competition. It is the intention of the
General Assembly that the "State action exemption" to the application
of federal antitrust statutes be fully available to the District to the
extent its activities are authorized by law as stated herein.
(Source: P.A. 91-722, eff. 6-2-00.)
Section 99. Effective date. This Act takes effect upon becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 5-4(a).
On motion of Representative Colvin, SENATE BILL 980 was taken up
and read by title a third time. A three-fifths vote is required.
And the question being, "Shall this bill pass?" it was decided in
the negative by the following vote:
68, Yeas; 44, Nays; 5, Answering Present.
(ROLL CALL 7)
This bill, as amended, having failed to receive the votes of
three-fifths of the Members elected, was declared lost.
Pursuant to the motion submitted previously, Representative Franks
moved to reconsider the vote by which SENATE BILL 980 lost in the
House.
Pursuant to the motion submitted previously, Representative Black
then moved then moved to table the motion to reconsider the vote.
And on that motion, a vote was taken resulting as follows:
47, Yeas; 69, Nays; 0, Answering Present.
(ROLL CALL 8)
The motion lost.
Representative Franks again moved to reconsider the vote by which
SENATE BILL 980 lost.
And on that motion, a vote was taken resulting as follows:
74, Yeas; 41, Nays; 0, Answering Present.
(ROLL CALL 9)
The motion prevailed.
[November 20, 2002] 52
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Colvin, SENATE BILL 980 was taken up
and read by title a third time. A three-fifths vote is required.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
72, Yeas; 43, Nays; 2, Answering Present.
(ROLL CALL 10)
This bill, as amended, having received the votes of three-fifths of
the Members elected, was declared passed.
Ordered that the Clerk inform the Senate thereof and ask their
concurrence in the House amendment/s adopted thereto.
HOUSE JOINT RESOLUTIONS
CONSTITUTIONAL AMENDMENTS
FIRST READING
Representative Franks introduced the following:
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT 17
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that there shall be submitted to the electors of the State for
adoption or rejection at the general election next occurring at least 6
months after the adoption of this resolution a proposition to add
Section 25 to Article I of the Illinois Constitution as follows:
ARTICLE I
BILL OF RIGHTS
(ILCON Art. I, Sec. 25 new)
SECTION 25. TAXPAYER SUITS
Notwithstanding any other provision of this Constitution or any law
or judicial decision to the contrary, each taxpayer of this State or of
any taxing district in this State has standing to bring suit in the
circuit court to enforce the rights of taxpayers of the State or of
that taxing district, as the case may be. These rights of taxpayers
include, but are not limited to, the right, on behalf of the State or a
taxing district, to enjoin the illegal disbursement of public funds, to
recover public funds illegally expended, to recover anything of value
obtained through the breach of a public official's fiduciary duty, and
to enforce any rights of taxpayers recognized at common law or created
by the General Assembly by law. Standing is subject to (i) giving any
prior notice to or making any prior demand on a public official that is
required by law to bring suit and (ii) complying with any procedures
that are required by law.
SCHEDULE
This Constitutional Amendment takes effect upon being declared
adopted in accordance with Section 7 of the Illinois Constitutional
Amendment Act.
The foregoing HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 17
was taken up, read in full a first time, ordered printed and placed in
the Committee on Rules.
At the hour of 4:15 o'clock p.m., Representative Currie moved that
53 [November 20, 2002]
the House do now adjourn until Thursday, November 21, 2002, at 10:00
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
[November 20, 2002] 54
NO. 1
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
NOV 20, 2002
0 YEAS 0 NAYS 117 PRESENT
P ACEVEDO P ERWIN P LAWFER P PARKE
P BASSI P FEIGENHOLTZ P LEITCH P POE
P BEAUBIEN P FLOWERS P LINDNER P REITZ
P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER
P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD
P BIGGINS P FRANKS P MARQUARDT P RYAN
P BLACK P FRITCHEY P MATHIAS P SAVIANO
P BOLAND P GARRETT P MAUTINO P SCHMITZ
P BOST P GILES P MAY P SCHOENBERG
P BRADLEY P GRANBERG P McAULIFFE P SCULLY
P BRADY P HAMOS P McCARTHY P SIMPSON
P BROSNAHAN P HANNIG P McGUIRE P SLONE
P BRUNSVOLD P HARTKE P McKEON P SMITH
P BUGIELSKI P HASSERT P MENDOZA P SOMMER
P BURKE P HOEFT P MEYER P SOTO
P CAPPARELLI P HOFFMAN P MILLER P STEPHENS
P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE
P COLVIN P HOWARD P MITCHELL,JERRY P TURNER
P COULSON P HULTGREN P MOFFITT P WAIT
P COWLISHAW P JEFFERSON P MORROW P WATSON
P CROSS P JOHNSON P MULLIGAN P WINKEL
P CROTTY P JONES,JOHN P MURPHY P WINTERS
P CURRIE P JONES,LOU P MYERS P WIRSING
P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK
P DANIELS E KENNER P O'BRIEN P WRIGHT
P DART P KLINGLER P O'CONNOR P YARBROUGH
P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE
P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS
P DELGADO P KURTZ P PANKAU P MR. SPEAKER
P DURKIN P LANG
E - Denotes Excused Absence
55 [November 20, 2002]
NO. 2
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4179
CRIM CD-AGG ASSAULT-EMT
ACCEPT AMENDATORY VETO
PREVAILED
NOV 20, 2002
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y ERWIN Y LAWFER Y PARKE
Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE
Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ
Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER
Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD
Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN
Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO
Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ
Y BOST Y GILES Y MAY Y SCHOENBERG
Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY
Y BRADY Y HAMOS Y McCARTHY Y SIMPSON
Y BROSNAHAN A HANNIG Y McGUIRE Y SLONE
Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH
Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER
Y BURKE Y HOEFT Y MEYER Y SOTO
Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS
Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE
Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER
Y COULSON Y HULTGREN Y MOFFITT Y WAIT
Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON
Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL
Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS
Y CURRIE Y JONES,LOU Y MYERS Y WIRSING
Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK
Y DANIELS E KENNER Y O'BRIEN Y WRIGHT
Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS
Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER
Y DURKIN Y LANG
E - Denotes Excused Absence
[November 20, 2002] 56
NO. 3
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2
ALTERNATE FUELS FUND-USER FEES
ACCEPT AMENDATORY VETO
PREVAILED
NOV 20, 2002
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y ERWIN Y LAWFER Y PARKE
Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE
Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ
Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER
Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD
Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN
Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO
Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ
Y BOST Y GILES Y MAY Y SCHOENBERG
Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY
Y BRADY Y HAMOS Y McCARTHY Y SIMPSON
Y BROSNAHAN A HANNIG Y McGUIRE Y SLONE
Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH
Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER
Y BURKE Y HOEFT Y MEYER Y SOTO
Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS
Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE
Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER
Y COULSON Y HULTGREN Y MOFFITT Y WAIT
Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON
Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL
Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS
Y CURRIE Y JONES,LOU Y MYERS Y WIRSING
Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK
Y DANIELS E KENNER Y O'BRIEN Y WRIGHT
Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS
Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER
Y DURKIN Y LANG
E - Denotes Excused Absence
57 [November 20, 2002]
NO. 4
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 4074
ELECTRONIC SURVEILLANCE
ACCEPT AMENDATORY VETO
PREVAILED
NOV 20, 2002
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y ERWIN Y LAWFER Y PARKE
Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE
Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ
Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER
Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD
Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN
Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO
Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ
Y BOST Y GILES Y MAY Y SCHOENBERG
Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY
Y BRADY Y HAMOS Y McCARTHY Y SIMPSON
Y BROSNAHAN A HANNIG Y McGUIRE Y SLONE
Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH
Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER
Y BURKE Y HOEFT Y MEYER Y SOTO
Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS
Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE
Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER
Y COULSON Y HULTGREN Y MOFFITT Y WAIT
Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON
Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL
Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS
Y CURRIE Y JONES,LOU Y MYERS Y WIRSING
Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK
Y DANIELS E KENNER Y O'BRIEN Y WRIGHT
Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS
Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER
Y DURKIN Y LANG
E - Denotes Excused Absence
[November 20, 2002] 58
NO. 5
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 5652
CD CORR-CONTROLLED SUBSTANCES
OVERRIDE AMENDATORY VETO
LOST
THREE-FIFTHS VOTE REQUIRED
NOV 20, 2002
40 YEAS 71 NAYS 5 PRESENT
Y ACEVEDO N ERWIN N LAWFER P PARKE
N BASSI N FEIGENHOLTZ N LEITCH N POE
N BEAUBIEN N FLOWERS N LINDNER P REITZ
N BELLOCK Y FORBY N LYONS,EILEEN Y RIGHTER
Y BERNS N FOWLER Y LYONS,JOSEPH N RUTHERFORD
N BIGGINS Y FRANKS Y MARQUARDT N RYAN
P BLACK N FRITCHEY N MATHIAS N SAVIANO
Y BOLAND N GARRETT N MAUTINO N SCHMITZ
Y BOST N GILES N MAY N SCHOENBERG
Y BRADLEY Y GRANBERG Y McAULIFFE N SCULLY
Y BRADY N HAMOS Y McCARTHY N SIMPSON
Y BROSNAHAN A HANNIG N McGUIRE N SLONE
N BRUNSVOLD Y HARTKE N McKEON Y SMITH
Y BUGIELSKI N HASSERT Y MENDOZA Y SOMMER
Y BURKE N HOEFT N MEYER N SOTO
Y CAPPARELLI N HOFFMAN N MILLER Y STEPHENS
N COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE
N COLVIN N HOWARD N MITCHELL,JERRY N TURNER
N COULSON N HULTGREN N MOFFITT Y WAIT
N COWLISHAW N JEFFERSON N MORROW Y WATSON
N CROSS N JOHNSON N MULLIGAN P WINKEL
N CROTTY Y JONES,JOHN N MURPHY Y WINTERS
N CURRIE N JONES,LOU Y MYERS Y WIRSING
P CURRY N JONES,SHIRLEY N NOVAK Y WOJCIK
N DANIELS E KENNER N O'BRIEN Y WRIGHT
Y DART N KLINGLER Y O'CONNOR N YARBROUGH
N DAVIS,MONIQUE N KOSEL Y OSMOND N YOUNGE
N DAVIS,STEVE N KRAUSE N OSTERMAN Y ZICKUS
N DELGADO N KURTZ N PANKAU Y MR. SPEAKER
Y DURKIN N LANG
E - Denotes Excused Absence
59 [November 20, 2002]
NO. 6
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2643
STATE PROCUREMENT-TECH
THIRD READING
PASSED
NOV 20, 2002
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y ERWIN Y LAWFER Y PARKE
Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE
Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ
Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER
Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD
Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN
Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO
Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ
Y BOST Y GILES Y MAY Y SCHOENBERG
Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY
Y BRADY Y HAMOS Y McCARTHY Y SIMPSON
Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE
Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH
Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER
Y BURKE Y HOEFT Y MEYER Y SOTO
Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS
Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE
Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER
Y COULSON Y HULTGREN Y MOFFITT Y WAIT
Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON
Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL
Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS
Y CURRIE Y JONES,LOU Y MYERS Y WIRSING
Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK
Y DANIELS E KENNER Y O'BRIEN Y WRIGHT
Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH
Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS
Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER
Y DURKIN Y LANG
E - Denotes Excused Absence
[November 20, 2002] 60
NO. 7
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 980
LOCAL GOV-WAGE DEDUCTIONS
THIRD READING
LOST
THREE-FIFTHS VOTE REQUIRED
NOV 20, 2002
68 YEAS 44 NAYS 5 PRESENT
Y ACEVEDO Y ERWIN N LAWFER N PARKE
N BASSI Y FEIGENHOLTZ Y LEITCH N POE
Y BEAUBIEN Y FLOWERS N LINDNER Y REITZ
N BELLOCK Y FORBY N LYONS,EILEEN N RIGHTER
N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD
Y BIGGINS N FRANKS N MARQUARDT Y RYAN
N BLACK Y FRITCHEY Y MATHIAS Y SAVIANO
Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ
N BOST Y GILES Y MAY Y SCHOENBERG
P BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY
N BRADY Y HAMOS Y McCARTHY N SIMPSON
Y BROSNAHAN Y HANNIG Y McGUIRE N SLONE
Y BRUNSVOLD Y HARTKE Y McKEON P SMITH
Y BUGIELSKI N HASSERT Y MENDOZA N SOMMER
Y BURKE N HOEFT N MEYER Y SOTO
Y CAPPARELLI Y HOFFMAN P MILLER N STEPHENS
P COLLINS Y HOLBROOK N MITCHELL,BILL N TENHOUSE
Y COLVIN Y HOWARD N MITCHELL,JERRY Y TURNER
Y COULSON N HULTGREN Y MOFFITT N WAIT
N COWLISHAW Y JEFFERSON P MORROW N WATSON
N CROSS N JOHNSON Y MULLIGAN N WINKEL
Y CROTTY N JONES,JOHN Y MURPHY N WINTERS
Y CURRIE Y JONES,LOU N MYERS N WIRSING
Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK
N DANIELS E KENNER Y O'BRIEN N WRIGHT
N DART N KLINGLER Y O'CONNOR Y YARBROUGH
Y DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS
Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER
Y DURKIN Y LANG
E - Denotes Excused Absence
61 [November 20, 2002]
NO. 8
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 980
LOCAL GOV-WAGE DEDUCTIONS
THIRD READING
MOVE TO TABLE THE MOTION TO RECONSIDER THE VOTE
LOST
NOV 20, 2002
47 YEAS 69 NAYS 0 PRESENT
N ACEVEDO N ERWIN Y LAWFER Y PARKE
Y BASSI N FEIGENHOLTZ Y LEITCH Y POE
Y BEAUBIEN N FLOWERS Y LINDNER N REITZ
Y BELLOCK N FORBY N LYONS,EILEEN Y RIGHTER
Y BERNS N FOWLER N LYONS,JOSEPH Y RUTHERFORD
Y BIGGINS N FRANKS Y MARQUARDT N RYAN
Y BLACK N FRITCHEY Y MATHIAS N SAVIANO
N BOLAND N GARRETT N MAUTINO Y SCHMITZ
Y BOST N GILES N MAY N SCHOENBERG
N BRADLEY N GRANBERG N McAULIFFE N SCULLY
N BRADY N HAMOS N McCARTHY Y SIMPSON
N BROSNAHAN N HANNIG N McGUIRE N SLONE
N BRUNSVOLD N HARTKE N McKEON N SMITH
N BUGIELSKI Y HASSERT N MENDOZA Y SOMMER
N BURKE Y HOEFT Y MEYER N SOTO
N CAPPARELLI N HOFFMAN N MILLER Y STEPHENS
A COLLINS N HOLBROOK Y MITCHELL,BILL Y TENHOUSE
N COLVIN N HOWARD Y MITCHELL,JERRY N TURNER
N COULSON Y HULTGREN Y MOFFITT Y WAIT
Y COWLISHAW N JEFFERSON N MORROW Y WATSON
Y CROSS Y JOHNSON N MULLIGAN Y WINKEL
N CROTTY Y JONES,JOHN N MURPHY Y WINTERS
N CURRIE N JONES,LOU Y MYERS Y WIRSING
N CURRY N JONES,SHIRLEY N NOVAK N WOJCIK
Y DANIELS E KENNER N O'BRIEN Y WRIGHT
N DART Y KLINGLER Y O'CONNOR N YARBROUGH
N DAVIS,MONIQUE Y KOSEL Y OSMOND N YOUNGE
N DAVIS,STEVE N KRAUSE N OSTERMAN N ZICKUS
N DELGADO Y KURTZ Y PANKAU N MR. SPEAKER
Y DURKIN N LANG
E - Denotes Excused Absence
[November 20, 2002] 62
NO. 9
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 980
LOCAL GOV-WAGE DEDUCTIONS
THIRD READING
MOTION TO RECONSIDER THE VOTE
PREVAILED
NOV 20, 2002
74 YEAS 41 NAYS 0 PRESENT
Y ACEVEDO Y ERWIN N LAWFER N PARKE
N BASSI Y FEIGENHOLTZ N LEITCH N POE
Y BEAUBIEN Y FLOWERS N LINDNER Y REITZ
N BELLOCK Y FORBY N LYONS,EILEEN N RIGHTER
N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD
Y BIGGINS Y FRANKS N MARQUARDT Y RYAN
N BLACK Y FRITCHEY N MATHIAS Y SAVIANO
Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ
N BOST Y GILES Y MAY Y SCHOENBERG
Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY
N BRADY Y HAMOS Y McCARTHY N SIMPSON
Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE
Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH
Y BUGIELSKI N HASSERT Y MENDOZA N SOMMER
Y BURKE N HOEFT N MEYER Y SOTO
Y CAPPARELLI Y HOFFMAN Y MILLER N STEPHENS
Y COLLINS Y HOLBROOK N MITCHELL,BILL A TENHOUSE
Y COLVIN Y HOWARD N MITCHELL,JERRY Y TURNER
Y COULSON N HULTGREN Y MOFFITT A WAIT
N COWLISHAW Y JEFFERSON Y MORROW N WATSON
Y CROSS N JOHNSON Y MULLIGAN N WINKEL
Y CROTTY N JONES,JOHN Y MURPHY N WINTERS
Y CURRIE Y JONES,LOU N MYERS N WIRSING
Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK
N DANIELS E KENNER Y O'BRIEN N WRIGHT
Y DART N KLINGLER N O'CONNOR Y YARBROUGH
Y DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS
Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER
Y DURKIN Y LANG
E - Denotes Excused Absence
63 [November 20, 2002]
NO. 10
STATE OF ILLINOIS
NINETY-SECOND
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 980
LOCAL GOV-WAGE DEDUCTIONS
THIRD READING
PASSED
THREE-FIFTHS VOTE REQUIRED
NOV 20, 2002
72 YEAS 43 NAYS 2 PRESENT
Y ACEVEDO Y ERWIN N LAWFER N PARKE
N BASSI Y FEIGENHOLTZ N LEITCH N POE
Y BEAUBIEN Y FLOWERS N LINDNER Y REITZ
N BELLOCK Y FORBY N LYONS,EILEEN N RIGHTER
N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD
Y BIGGINS N FRANKS N MARQUARDT Y RYAN
N BLACK Y FRITCHEY N MATHIAS Y SAVIANO
Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ
N BOST Y GILES Y MAY Y SCHOENBERG
P BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY
N BRADY Y HAMOS Y McCARTHY N SIMPSON
Y BROSNAHAN Y HANNIG Y McGUIRE N SLONE
Y BRUNSVOLD Y HARTKE Y McKEON P SMITH
Y BUGIELSKI Y HASSERT Y MENDOZA N SOMMER
Y BURKE N HOEFT Y MEYER Y SOTO
Y CAPPARELLI Y HOFFMAN Y MILLER N STEPHENS
Y COLLINS Y HOLBROOK N MITCHELL,BILL N TENHOUSE
Y COLVIN Y HOWARD N MITCHELL,JERRY Y TURNER
Y COULSON N HULTGREN Y MOFFITT N WAIT
N COWLISHAW Y JEFFERSON Y MORROW N WATSON
Y CROSS N JOHNSON Y MULLIGAN N WINKEL
Y CROTTY N JONES,JOHN Y MURPHY N WINTERS
Y CURRIE Y JONES,LOU N MYERS N WIRSING
Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK
N DANIELS E KENNER Y O'BRIEN N WRIGHT
Y DART N KLINGLER N O'CONNOR Y YARBROUGH
Y DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE
Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS
Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER
Y DURKIN Y LANG
E - Denotes Excused Absence
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