Illinois General Assembly Floor TranscriptsBrowseHouse85th GA

Illinois House Floor Debate — November 10, 1988

85th General Assembly (1987-1988) · Legislative day 129 · Regular Session
Chamber
House
General Assembly
85th (1987-1988)
Date
November 10, 1988
Legislative day
129
Session
Regular Session
Speaker turns
5
Original
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Speaker Curran

"The hour of twelve o'clock having arrived, the 17 House will be in Perfunctory Session. Be led in prayer by 18 the Clerk."

O'Brien

"Let us pray. Lord, bless this House and all 21 those that serve and work here. Amen."

Speaker Curran

"Be led in the Pledge of Allegiance by the 24 Doorkeeper, Emery Koehler."

Koehler

"I pledge allegiance to the flag of the United States of 26 America, and to the Republic for which it stands, one 27 nation under God, indivisible, with liberty and justice for 28 all."

O'Brien

"Messages from the Secretary of State. To the 31 Honorable Speaker of the House: Sir, in compliance with the provisions of the Constitution of the State of 32 Illinois, I am forwarding herewith the enclosed House Bills 33 as vetoed by the Governor together with his objections. 34 House Bills 2925, 2930, 2981, 2986, 3124, 3286, 3311, 3489, 3695, 3752, 3896, 3931, 4277 and 4280. Respectfully, Jim 35 Edgar, Secretary of State. To the Honorable Speaker of the 36 House: Sir, in compliance with the provisions of the 37 Constitution of the State of Illinois, I am forwarding 38 herewith the enclosed House Bills that are being returned by the Governor with specific recommendations for change. 39 House Bills 253, 917, 2034, 2918, 3109, 3125, 3273, 3335, 40 3349, 3482, 3666, 3733, 3735, 3739, 3785, 3800, 3968, 4075 41 and 4116. Respectfully, Jim Edgar, Secretary of State. To 42 the Honorable Speaker of the House: Sir, in compliance with the provisions of the Constitution of the State of 43 Illinois, I am forwarding herewith the enclosed House Bills 44 that have been vetoed in part, line item vetoed by the 45 Governor. House Bills 3403, 3237, 3227 and 3199. 46 Respectfully, Jim Edgar, Secretary of State. To the 1 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 129th Legislative Day November 10, 1988 Honorable Speaker of the House: Sir, in compliance with 47 the provisions of the Constitution of the State of 48 Illinois, I am forwarding herewith the enclosed House Bills that have been reduced in part, line item reduction by the 49 Governor. House Bills 3242, 3235 and 3211. Respectfully, 50 Jim Edgar, Secretary of State. To the Honorable Speaker of 51 the House: Sir, in compliance with the provisions of the 52 Constitution of the State of Illinois, I am forwarding herewith the enclosed House Bills which the Governor vetoed 53 in part, line item veto and reduced. House Bills 3543 and 54 3212. Respectfully, Jim Edgar, Secretary of State. 55 Introduction and First Reading of Bills. House Bill 4299, offered by Representative Cullerton, a Bill for an Act to 56 amend Sections of the Illinois Pension Code. First Reading 57 of the Bill. House Bill 4300, offered by Representative 58 Novak, a Bill for an Act to add Sections to the Illinois 59 Insurance Code. First Reading of the Bill. House Bill 4301, offered by Representative McGann and Keane, a Bill 60 for an Act to amend Sections of the Illinois Pension Code. 61 First Reading of the Bill. House Bill 4302, offered by 62 Representative Christensen, a Bill for an Act to amend 63 Sections of the Regional Transportation Authority Act. 64 First Reading of the Bill. House Bill 4303, offered by 65 Representative Wyvetter Younge, a Bill for an Act in relation to the promotion of minority in female owned 66 businesses. First Reading of the Bill. House Bill 4304, 67 offered by Representative Phelps, a Bill for an Act making 68 an appropriation to the Department of Public Health. First Reading of the Bill. House Bill 4305, offered by 69 Representative Curran, a Bill for an Act to amend Sections 70 of the Criminal Code. First Reading of the Bill. House 71 Bill 4306, offered by Representative Homer, a Bill for an Act in relation to tax amnesty. First Reading of the Bill. 72 2 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 129th Legislative Day November 10, 1988 House Bill 4307, offered by Representative Stange, a Bill 73 for an Act to amend Sections of the Humane Care for Animals 74 Act. First Reading of the Bill. Introduction and First 75 Reading of Constitutional Amendments. House Joint 76 Resolution Constitutional Amendment #30, offered by Representative Sutker. Resolved by the House of 77 Representatives of the 85th General Assembly of the State 78 of Illinois, the Senate concurring herein, That there shall be submitted to the electors of the State for adoption or 79 rejection at the general election next occurring at least 80 six months after the adoption of this Resolution, 81 Proposition to amend Section 8, 10, 11 and 12 of and to add 82 Section 12.1 and 15.1 to Article VI of the Constitution to read as follows: Article VI. Section 8. Associate 83 Judges. Each Circuit Court shall have such number of 84 Associate Judges as provided by law. Associate Judges 85 shall be appointed by the Appellate Judges of the Appellate 86 Court of the judicial district where the Circuit Court for which the Associate Judges are appointed in location as the 87 Supreme Court shall provide by rule. Associate Judges may 88 be reappointed to office in the manner provided in this 89 Section. In the first judicial district unless otherwise provided by law at least one-third of the Associate Judges 90 shall be appointed from and reside outside Chicago. The 91 Supreme Court shall provide by rule for manners to be 92 assigned...matters to be assigned to Associate Judges. 93 Section 10. Term of Office. The term of office of Supreme Court Judges shall be ten years, of Appellate Court Judges, 94 eight years, of Circuit Judges, six years and of Associate 95 Judges, four years. Section 11. Eligibility for Office. 96 No person shall be eligible to be a Judge unless he is a 97 United States citizen, licensed attorney at law in this state and resident of the unit which selects him. No 98 3 129th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 10, 1988 A person shall be eligible to be an Associate Judge unless he 99 is a United States citizen, licensed attorney at law of 100 this State and resident of the circuit for which he is selected. No change in the boundaries of the unit shall 101 affect the tenure of office of a Judge or Associate Judge 102 incumbent at the time of such change. Section 12. 103 Election and Retention. A. Supreme and Appellate Judges shall be nominated at primary elections by a petition. 104 Supreme and Appellate Judges shall be elected at general or 105 judicial elections as the General Assembly shall provide by 106 law. A person eligible for the office of Supreme or 107 Appellate Judge may cause his name to appear on the ballot as a candidate for Supreme or Appellate Judge at the 108 primary and at the general or judicial election by 109 submitting petitions. The General Assembly shall prescribe 110 by law the requirements for petitions. B. The office of a 111 Supreme or Appellate Judge shall be vacant upon his death, resignation, retirement, removal or upon the conclusion of 112 his term without retention in office. Whenever an 113 additional Appellate Judge is authorized by law, the office 114 shall be filled in the manner provided for filling a 115 vacancy in that office. C. A vacancy occurring in the office of Supreme or Appellate Judge shall be filled as the 116 General Assembly may provide by law. In the absence of 117 law, vacancies may be filled by appointment by the Supreme 118 Court. A person appointed to fill a vacancy sixty or more days prior to the next primary election to nominate Supreme 119 and Appellate Judges shall serve until the vacancy is 120 filled for a term at the next general or judicial election. 121 A person appointed to fill a vacancy less than sixty days prior to the next primary election to nominate Supreme and 122 Appellate Judges shall serve until the vacancy is filled at 123 the second general or judicial election following such 124 4 129th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 10, 1988 appointment. D. Not less than six months before the 125 general election preceding the expiration of his term in office, the Supreme or Appellate Judge who has been elected 126 to that office may fill...may file in the office of the 127 Secretary of State a declaration of candidacy to succeed 128 himself. Secretary of State not less than sixty-three days before the election shall certify the Supreme or Appellate 129 Judge's candidacy to the proper election officials. The 130 name of Supreme and Appellate Judges seeking retention 131 shall be submitted to the electors separately and without party designation on the sole question whether each Supreme 132 or Appellate Judge shall be retained in office for another 133 term. Retention selection shall be conducted at general 134 elections in the appropriate judicial district for Supreme 135 and Appellate Judges. The affirmative vote of three-fifths 136 of the electors voting on the question shall elect the 137 Supreme or Appellate Judges to the office for a term 138 commencing on the first Monday in December following his 139 election. E. A law reducing the number of Appellate 140 Judges shall be without prejudice to the right of the 141 Appellate Judges affected to seek retention in office. A 142 reduction shall become effective when a vacancy occurs in 143 the affected unit. Section 12.1. Circuit Judges 144 Appointment. A. Circuit Judges shall be appointed by the 145 Supreme Court in such manners the Supreme Court shall 146 provide by rule. Circuit Judges may be reappointed to 147 office in the manner provided in this Section. B. The 148 office of Circuit Judge shall be vacant upon his death, 149 resignation, retirement, removal or upon conclusion of his 150 term without retention in office. Section 15.1. 151 Disciplinary Oversight Committee. A. There is created a 152 Disciplinary Oversight Committee consisting of a Chairman 153 appointed by the Chief Justice of the Supreme Court, two 154 5 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 129th Legislative Day November 10, 1988 public members appointed by the Governor, two licensed 150 attorneys at law of this State selected by the attorneys of 151 this State in such manner as the Supreme Court shall prescribe by rule and two Judges appointed by the Judges of 152 this State in such manner as the Supreme Court shall 153 describe by rule. B. Four of the initial appointees of 154 the Committee shall serve three year terms and three of the initial appointees shall serve four year terms. Their 155 successors shall serve six year terms. C. The Committee 156 shall have powers after notice and public hearing to remove 157 from office Circuit and Associate Judges for misfeasance 158 and malfeasance in office. D. The concurrence of four members of the Committee shall be necessary for a decision. 159 The decision of the Committee shall be final. E. The 160 Committee shall adopt rules governing its procedure and 161 shall have power to issue subpoenas. The General Assembly shall provide by law for the expenses of the Committee. 162 Schedule. This Amendment shall take effect upon its 163 adoption by the voters of this State and shall only apply 164 to Judges and Associate Judges selected after its adoption. Judges and Associate Judges holding office on the date of 165 the adoption of this Amendment shall continue to serve 166 until the expiration of their term under the provisions of 167 this Article in effect prior to the adoption of this Amendment. First Reading of the Constitutional Amendment. 168 Being no further business, the House now stands adjourned." 169 6 REPORT: TIFLDAY 09:58 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 10, 1988 PAGE 1 12/23/88 HB-0253 VETO MESSAGE PAGE 1 HB-0917 VETO MESSAGE PAGE 1 HB-2034 VETO MESSAGE PAGE 1 HB-2918 VETO MESSAGE PAGE 1 H3-2925 VETO MESSAGE PAGE 1 HB-2930 VETO MESSAGE PAGE 1 H3-2981 VETO MESSAGE PAGE 1 HS-2936 VETO MESSAGE PAGE 1 H3-3109 VETO MESSAGE PAGE 1 H3-3124 VETO MESSAGE PAGE 1 H3-3125 VETO MESSAGE PAGE 1 H3-3199 VETO MESSAGE PAGE 1 HB-3211 VETO MESSAGE PAGE 2 HB-3212 VETO MESSAGE PAGE 2 HE-3227 VETO MESSAGE PAGE 1 HB-3235 VETO HESSAGE PAGE 2 HB-3237 VETO MESSAGE PAGE 1 HB-3242 VETO MESSAGE PAGE 2 HB-3273 VETO MESSAGE PAGE 1 H3-3286 VETO MESSAGE PAGE 1 H3-3311 VETO MESSAGE PAGE 1 H3-3335 VETO MESSAGE PAGE 1 HB-3349 VETO MESSAGE PAGE 1 HB-3403 VETO MESSAGE PAGE 1 H2-3482 VETO HESSAGE PAGE 1 H3-3489 VETO MESSAGE PAGE 1 HB-3543 VETO MESSAGE PAGE 2 HB-3666 VETO MESSAGE PAGE 1 HB-3695 VETO MESSAGE PAGE 1 HB-3733 VETO MESSAGE PAGE 1 HB-3735 VETO MESSAGE PAGE 1 HB-3739 VETO MESSAGE PAGE 1 HB-3752 VETO MESSAGE PAGE 1 HB-3785 VETO MESSAGE PAGE 1 H3-3800 VETO MESSAGE PAGE 1 HB-3896 VETO MESSAGE PAGE 1 HB-3931 VETO MESSAGE PAGE 1 HB-3968 VETO MESSAGE PAGE 1 HB-4075 VETO MESSAGE PAGE 1 HB-4116 VETO HESSAGE PAGE 1 HB-4277 VETO MESSAGE PAGE 1 H3-4280 VETO MESSAGE PAGE 1 HB-4299 FIRST READING PAGE 2 HB-4300 FIRST READING PAGE 2 H3-4301 FIRST READING PAGE 2 HB-4302 FIRST READING PAGE 2 HB-4303 FIRST READING PAGE 2 HB-4304 FIRST READING PAGE 2 HB-4305 FIRST READING PAGE 2 HB-4306 FIRST READING PAGE 2 HB-4307 FIRST READING PAGE 3 HJR-0030 FIRST READING SUBJECT MATTER PAGE 3 HOUSE TO ORDER REPRESENTATIVE CURRAN PAGE 1 PRAYER CLERK O'BRIEN PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ADJOURNMENT PAGE 6