"The hour of 11:45 having arrived, the House will be in order. Members will be in their seats. Will all unauthorized personnel please retire from the Chamber? Can we have a little order in the House? As we begin our prayer today, we will be lead in prayer today by Lee Crawford, the assistant pastor at the Victory Temple Church in Springfield. Guests in the Gallery may wish to rise for the invocation. Reverend Crawford."
Reverend Crawford: "Let us all pray. Father, we come before You with humble hearts and sincere mind. Not full of a lot of words, but yet with a simple petition that may the strength of God sustain us, may the power of God preserve us, may the hand of God protect us, may the way of God direct us, may the love of God be with us this hour, this day, and forever. Amen."
"Representative Coy Pugh will lead us today in the Pledge of Allegiance."
Coy Pugh et al.: "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Representative Cross, are there any excused absences?"
"Yes, Mr. Speaker. Representative Kubik wishes to be recorded as excused on the official House records."
Speaker Hannig: "Okay, and the record will so reflect. And Representative Currie, are there any excused absences on the Democratic side?"
"To my knowledge, there are none, Speaker."
Speaker Hannig: "Mr. Clerk, take the record. There being 117 Members answering the Roll, a quorum is present. Shortly we will be in the process of taking the picture, the official 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 picture for the House of Representatives for this term. So, could the Members help us begin the process by taking their seats. Could we ask those who are not to be entitled to be in the picture to please retire from the Gallery. We need to begin to get the process moving, so could we please take our seats. The photographer has requested that we clear our desks for the picture, that we put away out computers and our other notes and that we have clear desk for the picture, which we will be taking in just a few minutes. I've been advised that if you close your laptops, that will be sufficient. Once again, I would ask the Members to please take their seats, so that we can see who's not here and perhaps try to get all the Members that are here today present for the picture, to close your desktop computer, and if you have bottles or if you have styrofoam cups on your desk, you may want to remove those as well. Representative Bost, for what purpose do you rise?"
"Thank you, Mr. Speaker. Today is a kind of day of mourning, and we need to recognize something. When certain Legislators reach certain ages, they have trouble getting to the Floor, and that's probably why he was the last one here. But, one of our Representatives today has reached the age of 50. Oh, is it 60? No, no, I guess it is 50. And, Representative Ron Stephens is celebrating his 50th birthday today. There is cake that is down here after the picture, and we all want to wish him well on his 50th birthday."
"Happy birthday, Representative Stephens."
"If everybody could take their seat, everybody's here and we'll take the picture and get on with the business of the House." 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998
"Okay, I'm Doug Chadwick. The... You've probably seen the pictures from past sessions. It's going to take about two minutes for the camera to pan the chamber. You need to hold real still. You'll only be in the photograph for about a half a second. And it's going to be right when the light is blinding you, so you'll know roughly when it is. I think before we had most of the Members have their hands folded on their desks. One last reminder to clear any large, bright items off your desk. Is everyone here and ready? Okay. Okay, are we ready? Are we ready? I guess so. Okay. We're rolling. Starting out over on my left, getting to the first Members. And the two minutes will seem like a long time. Is the rewind crank cranking around on top? The rewind crank cranking around on the top? Not from up here, you'd be able to see it from the ground. That's fine. No, on the top. On the center. Okay. That looks good. I guess I don't need to wave, because the light is blinding you when it does get to you. Three-quarters of the way through. Okay, thank you very much."
"Speaker Madigan in the Chair. Mr. Clerk."
"Committee Reports. Representative Calvin Giles, Chairman from the Committee on State Government, Administration and Election Reform, to which the following measures were referred, action taken on February 19, 1998, reported the same back with the following recommendations: 'do pass' House Bill 2652; 'do pass' as amended House Bill 2509. Representative Lauren Beth Gash, Chairman from the Committee on Judiciary II - Criminal Law, to which the following measures were referred, action taken on February 19, 1998, reported the same back with the following recommendation: 'do pass' House Bill 2446. Representative 3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 Todd Stroger, Chairman from the Committee on Local Government, to which the following measure was referred, action taken on February 19, 1998, reported the same back with the following recommendation: 'do pass' House Bill 2424; 'do pass' Consent Calendar House Bill 2580. Representative Tom Dart, Chairman from the Committee on Judiciary - Civil Law, to which the following measures were referred, action taken on February 18, 1998, reported the same back with the following recommendation: 'do pass' House Bill 2474; 'do pass' as amended House Bill 2367 and House Bill 2369. Representative Larry Woolard, Chairman from the Committee on Agriculture and Conservation, to which the following measures were referred, action taken on February 18, 1998, reported the same back with the following recommendation: 'do pass' Short Debate House Bill 2721. Representative Jay Hoffman, Chairman from the Committee on Transportation and Motor Vehicles, to which the following measures were referred, action taken on February 18, 1998, reported the same back with the following recommendation: 'do pass' House Bill 2466; 'do pass' as amended House Bill 2295; and 'be adopted' House Resolution 313. Introduction of Resolutions: House Resolution 315, House Joint Resolution 48, House Joint Resolution 49, House Joint Resolution 51, and House Joint Resolution 53 are assigned to the Rules Committee."
"Chair recognizes Representative Erwin."
"Thank you, Speaker. I'd like my colleagues to join me in celebrating Ricca Slone's birthday today. You can join us with some cake. So congratulations, Ricca."
"Chair recognizes Mr. Morrow."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise on a Point of Personal Privilege. In the 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 visitors' gallery to my left behind me, we have some teachers from Taiwan who are taking their Masters... Masters Degrees' programs at CSU, and I would like the General Assembly to give them a warm welcome. Teachers from Taiwan, stand up and raise your hand."
"On page two of the Calendar, on the order of House Bills - Second Reading, there appears House Bill 21. Mr. Granberg, do you wish to move that Bill? Mr. Clerk, what is the status of the Bill?"
Clerk Rossi: "House Bill 21, a Bill for an Act amending the Taxpayers' Bill of Rights. Second Reading of this House Bill. No Committee Amendments, no Floor Amendments, no Motions filed."
"Third Reading. House Bill 2385, Mr. Saviano. Do you wish to move the Bill? Mr. Saviano, I am told that there is an Amendment assigned to the Rules Committee. So, we can take this Bill out of the record at this time. On the order of House Bills - Third Reading, there appears House Bill 2400. Mr. Acevedo. Mr. Acevedo, on House Bill 2400. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 2400, a Bill for an Act amending the Criminal Code of 1961. Third Reading of this House Bill."
"Mr. Acevedo."
"Mr. Speaker, at this time I would like to take it back to Second Reading."
Speaker Madigan: "Place the Bill on the Order of Second Reading. Are there any Amendments?"
"Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."
"Mr. Acevedo, the Clerk advises us that there are no Floor Amendments approved for consideration. Mr. 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 Clerk, is there an Amendment filed which is assigned to the Rules Committee?"
"No Floor Amendments have been filed to the Bill."
"Mr. Acevedo."
"Mr. Speaker, can I take this out of the record right now, please?"
Speaker Madigan: "Okay, take the Bill out of the record. House Bill 2471, Representative Slone. Do you wish to call the Bill?"
"Thank you, Mr. Speaker. Can that Bill be moved back to Second so that it can go back to Committee to have an Amendment adopted, please?"
Speaker Madigan: "All right, place this Bill on the Order of Second Reading. Mr. Clerk, on the Order of the Agreed Resolutions, read the Resolutions."
Clerk Rossi: "House Resolution 294, offered by Representative Morrow. House Resolution 295, offered by Representative Lou Jones. House Resolution 296, offered by Representative Leach. House Resolution 297, offered by Representative Black. House Resolution 298, offered by Representative Morrow. House Resolution 299, offered by Speaker Madigan. House Resolution 300, offered by Representative Tom Johnson. House Resolution 308, offered by Representative Morrow. House Resolution 310, offered by Representative Schoenberg. House Resolution 311, offered by Representative Andrea Moore. House Resolution 312, offered by Representative Black. House Joint Resolution 43, offered by Representative Lyons. Senate Joint Resolution 46, offered by Representative Lyons and Senate Joint Resolution 47, offered by Representative Black."
Speaker Madigan: "Representative Currie, on the Agreed Resolutions. Representative Currie, on the Agreed 6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 Resolutions."
"Thank you, Speaker. I move adoption of the Agreed Resolutions."
Speaker Madigan: "Lady moves for the adoption of the Agreed Resolutions. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it; the Resolutions are adopted. Back on the order of House Bills - Second Reading, there appears House Bill 2385. Mr. Clerk, what is the status of the Bill?"
"House Bill 2385, a Bill for an Act amending the Liquor Control Act of 1934. Second Reading of this House Bill. No Committee Amendments; Floor Amendment #1 has been referred to the Rules Committee."
"Mr. Saviano."
"Thank you, Mr. Speaker."
"Mr. Saviano, we need action by the Rules Committee before we can consider the Amendment."
"Okay, thank you."
Speaker Madigan: "Thank you. Anything further? Mr. Clerk, on the Adjournment Resolution."
Clerk Rossi: "Senate Joint Resolution #50, offered by Representative Currie, be it resolved by the Senate of the 90th General Assembly of the State of Illinois, the House of Representatives concurring herein, that when the two Houses adjourn on Thursday, February 19, 1998, the Senate stands adjourned until Friday, February 20, 1998, in Perfunctory Session. And when it adjourns on that day, it stands adjourned until Tuesday, February 24, 1998, at twelve o'clock noon. And when the House of Representatives stands adjourned on Friday...Thursday, February 19, 1998, at twelve o'clock noon in Perfunctory Session, and when it adjourns on that day, it stands adjourned until Tuesday, 7 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 February 24, 1998, at one o'clock p.m."
"We've all heard the Resolution. Representative Currie moves for the adoption of the Adjournment Resolution. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it; the Adjournment Resolution is adopted. If the Members would please take their chairs, if the Members would please take their chairs. The Chair proposes that we adjourn today and pay tribute to Harry Carey. If the Members could please take their chairs. The members... Mr. Schoenberg, if you could take your seat, please. Mr. Biggins, take your seat. Ladies and Gentlemen, we are all saddened... we're all saddened by Harry Carey, long time baseball announcer. Spent many years in St. Louis; many, many years in Chicago, both for the White Sox and the Cubs, and has been reported by the media. He will leave an indelible mark upon Chicago, St. Louis, major league baseball. One example being that two of his descendants are major league broadcasters today. So, I would suggest that we take a moment of silence and each in our own way remember Harry and pay tribute to the wonderful life that he lived and the wonderful life that he gave to all of America, and then I would suggest after our moment of silence that we will adjourn with Representative Burke leading us in 'Take Me Out to the Ball Game'. So first, a moment of silence. The Chair recognizes Representative Burke."
"Thank you, Speaker. I think it would be appropriate for all Members to rise. And on the count of three. 'Take me out to the ball game. Take me out with the crowd. Buy me some peanuts and Cracker Jack, I don't care if I ever get back. So it's root-root-root for the ball team. If they don't win, it's a shame. So it's one, two, three strikes, 8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 you're out at the old ball game."
Speaker Madigan: "Representative Currie moves that the House stand adjourned until Tuesday, February 24, at 1:00 p.m. providing Perfunctory time for the Clerk. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The House does stand adjourned until Tuesday, February 24, at 1:00 p.m. providing Perfunctory time for the Clerk."
"The House Perfunctory Session will come to order. Committee Reports. Representative Skip Saviano, Chairman from the Committee on Registration and Regulation, to which the following measures were referred, action taken on February 19, 1998, reported the same back with the following recommendation: 'do pass' Standard Debate House Bill 2445; 'do pass' Short Debate House Bill 349. Introduction and First Reading of House Bills. House Bill 3835, offered by Representative Lopez, a Bill for an Act to amend the Illinois Public Aid Code. House Bill 3836, offered by Representative Daniels, a Bill for an Act making appropriations and reappropriations. House Bill 3837, offered by Representative Daniels, a Bill for an Act making appropriations and reappropriations. House Bill 3838, offered by Representative Daniels, a Bill for an Act making appropriations and reappropriations. House Bill 3839, offered by Representative Daniels, a Bill for an Act making appropriations. House Bill 3840, offered by Representative Daniels, a Bill for an Act making appropriations and reappropriations. House Bill 3841, offered by Representative Daniels, a Bill for an Act making supplemental appropriations. House Bill 3842, offered by Representative Daniels, a Bill for an Act making appropriations. House Bill 3843, offered by Representative Capparelli, a Bill for an Act to amend the Peace Officer 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 Firearm Training Act. House Bill 3844, offered by Representative Black, a Bill for an Act to amend the State Treasurer Employment Code. House Bill 3845, offered by Representative Hannig, a Bill for an Act making an appropriation to the Supreme Court. First Reading of these House Bills."
Clerk Rossi: "Introduction and First Reading of House Joint Resolution Constitutional Amendment #18, offered by Representative Dart. 'BE IT RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETIETH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this Resolution a proposition to amend Section 11 of Article VI of the Illinois Constitution as follows: ARTICLE VI THE JUDICIARY SECTION 11. ELIGIBILITY FOR OFFICE No person shall be eligible to be a Judge or Associate Judge unless that ___________ person he -- is a United States citizen, a licensed attorney-at-law of this State _________________________ for at least 10 years, and a resident of the unit which selects him _______ or her. ________________ The requirement __________________________________________________________________ that an attorney's period of licensure must be at least 10 years applies only to persons initially __________________________________________________________________ elected or appointed as a Judge __________________________________________________________________ or an Associate Judge after the effective date of this Constitutional _________________________________ Amendment of 1998. No change in the boundaries of a unit shall affect the tenure in office of a Judge or Associate Judge incumbent at the time of such change. (Source: Illinois Constitution.) 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 This Constitutional Amendment takes effect upon approval by the electors of this State.' HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT #19 (Offered by Representative Schoenberg) 'BE IT RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETIETH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this Resolution a proposition to amend Section 14 of Article IV and Section 15 of Article VI of the Constitution as follows: ARTICLE IV THE LEGISLATURE (ILCON Art. IV, Sec. 14) SECTION 14. IMPEACHMENT The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and ------------ Judicial officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, 11 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 judgment and punishment according to law. (Source: Illinois Constitution.) ARTICLE VI THE JUDICIARY (ILCON Art. VI, Sec. 15) SECTION 15. RETIREMENT - DISCIPLINE (a) The General Assembly may provide by law for the retirement of Judges and Associate Judges at a prescribed age. _____________________________________________ Except as otherwise provided in this Section, any retired Judge or Associate Judge, with his consent, may be assigned by the Supreme Court to judicial service for which he shall receive the applicable compensation in lieu of retirement benefits. A retired Associate Judge may be assigned only as an Associate Judge. ______________________________________________________________ (b) A Judicial Discipline and Incapacity Commission is __________________________________________________________________ created. The Commission shall administer and have exclusive jurisdiction over matters of __________________________________________________________________ judicial discipline and incapacity. __________________________________________________________________ The Commission shall consist of twelve members in three __________________________________________________________________ categories: judges, lawyers, and public members. The Supreme Court shall appoint two Circuit __________________________________________________________________ Judges (one or both of whom may be __________________________________________________________________ retired Circuit Judges) and two Appellate Judges (one or both of __________________________________________________________________ whom may be retired Appellate Judges) as members. A committee of __________________________________________________________________ lawyers designated by the presidents of the bar associations headquartered in Illinois having __________________________________________________________________ seats in the House of Delegates __________________________________________________________________ of the American Bar Association shall appoint four persons who are __________________________________________________________________ lawyers as members. The Governor shall appoint four persons who __________________________________________________________________ are neither lawyers nor judges as public members. No more than two of the public members appointed __________________________________________________________________ by the Governor shall be members __________________________________________________________________ of the same political party. No Supreme Court Justice may be a __________________________________________________________________ Commission member. The terms of Commission members shall be six __________________________________________________________________ years. The Commission shall implement a method for staggering 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 __________________________________________________________________ initial terms of members so that the terms of four members expire __________________________________________________________________ every 2 years. No member shall be eligible for reappointment for __________________________________________________________________ consecutive terms. A vacancy on the Commission shall be filled __________________________________________________________________ for a full term in the manner the original appointment was made. __________________________________________________________________ Commission members shall not be subject to removal except for __________________________________________________________________ cause. Removal of a member shall be by the authority appointing __________________________________________________________________ the member under rules and standards to be adopted by the appointing _____________________ authority. ______________________________________________________________ The Commission shall have jurisdiction over the conduct of __________________________________________________________________ judges alleged to be in violation of a Supreme Court Rule on __________________________________________________________________ judicial conduct or any other applicable law or ethical code, __________________________________________________________________ regardless of whether the alleged conduct occurs in the course of ____________________________ the judge's official duties. ______________________________________________________________ The Commission shall have jurisdiction over a former judge to __________________________________________________________________ require the former judge to respond to a complaint of misconduct __________________________________________________________________ that occurred before or during the former judge's service as a __________________________________________________________________ judge, but only if the complaint is brought within six months following the last day of the __________________________________________________________________ former judge's service. The __________________________________________________________________ Commission shall exercise caution and discretion before initiating __________________________________________________________________ an investigation of a former judge and shall take into __________________________________________________________________ consideration factors such as the seriousness of the complaint, __________________________________________________________________ the likelihood that the former judge will return to judicial __________________________________________________________________ service, and the extent to which the matter can and will be __________________________________________________________________ appropriately handled by the agency of the Illinois Supreme Court __________________________________________________________________ that has administrative supervision over disciplinary proceedings __________________ affecting lawyers. ______________________________________________________________ A judge shall be disqualified from acting as a judge, without __________________________________________________________________ loss of salary, while there is pending any indictment or information charging the judge __________________________________________________________________ in the United States with a crime __________________________________________________________________ punishable as a felony under Illinois or federal law, or if there __________________________________________________________________ is a petition to the Illinois Supreme Court to review a __________________________________________________________________ determination by the Commission to remove or retire a judge. The 13 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 __________________________________________________________________ Commission may disqualify a judge from acting as a judge, without __________________________________________________________________ loss of salary, upon notice of formal proceedings by the __________________________________________________________________ Commission charging the judge with judicial misconduct or ___________ disability. ______________________________________________________________ The Commission shall suspend a judge from office without __________________________________________________________________ salary when in the United States the judge pleads guilty or no __________________________________________________________________ contest or is found guilty of a crime punishable as a felony under __________________________________________________________________ Illinois or federal law or of any other crime that involves moral __________________________________________________________________ turpitude. If the conviction is reversed, the suspension of the __________________________________________________________________ judge shall terminate and the judge shall be paid the salary for __________________________________________________________________ the judicial office held by him or her for the period of suspension. If the judge is __________________________________________________________________ suspended and the conviction becomes _________________________________________________________ final, the Commission shall remove the judge from office. ______________________________________________________________ The Commission may retire a judge for disability that __________________________________________________________________ seriously interferes with the performance of the judge's duties __________________________________________________________________ and is or is likely to become permanent. The Commission may censure a judge or former judge __________________________________________________________________ or remove a judge for action __________________________________________________________________ occurring not more than five years before the commencement of the __________________________________________________________________ judge's current term, or of the former judge's last term, that __________________________________________________________________ constitutes willful misconduct in office, persistent failure or inability to perform the judge's __________________________________________________________________ duties, habitual intemperance in __________________________________________________________________ the use of intoxicants or drugs, or conduct prejudicial to the __________________________________________________________________ administration of justice that brings the judicial office into __________________________________________________________________ disrepute. The Commission may publicly or privately admonish a __________________________________________________________________ judge or former judge found to have engaged in improper action or __________________________________________________________________ dereliction of duty. The Commission may bar a former judge who __________________________________________________________________ has been censured from receiving an assignment, appointment, or ________________________________________________ reference of work from any Illinois State court. Upon petition by the judge or ______________________________________________________________ former judge, the Supreme Court __________________________________________________________________ may, in its discretion, grant review of the determination by the __________________________________________________________________ Commission to retire, remove, censure, admonish, or disqualify a __________________________________________________________________ judge or former judge. When the Supreme Court reviews a 14 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 __________________________________________________________________ determination of the Commission, it may make an independent review __________________________________________________________________ of the record, but if the Supreme Court has not acted within 90 __________________________________________________________________ days after granting the petition, the decision of the Commission shall be _______________ final. ______________________________________________________________ If the Commission removes a judge, that judge shall be __________________________________________________________________ ineligible for judicial office and shall be ineligible to receive __________________________________________________________________ an assignment, appointment, or reference of work from any Illinois State court, and, pending __________________________________________________________________ further order of the Supreme Court, __________________________________________________________________ shall be deemed suspended from practicing law in the State of __________________________________________________________________ Illinois. The agency of the Supreme Court that has administrative __________________________________________________________________ supervision over disciplinary proceedings affecting lawyers may __________________________________________________________________ institute appropriate attorney disciplinary proceedings against __________________________________________________________________ any judge who retires or resigns from office while judicial _________________________________ disciplinary charges are pending. ______________________________________________________________ If the Commission admonishes or censures a Justice or former __________________________________________________________________ Justice of the Illinois Supreme Court or removes or retires a __________________________________________________________________ Justice of the Illinois Supreme Court, the determination of the Commission shall be reviewed by a __________________________________________________________________ tribunal of seven elected judges ________________________________________ of the Appellate Court, selected by lot. ______________________________________________________________ The Supreme Court shall have sole jurisdiction in a civil __________________________________________________________________ action or other legal proceeding of any kind brought against the Commission by a judge. Any __________________________________________________________________ request for injunctive relief or any __________________________________________________________________ other provisional remedy shall be granted or denied within 90 days _____________________________________________ after the judge files the request for relief. ______________________________________________________________ Absolute immunity shall be granted to members of the Commission, __________________________________________________________________ the Commission staff, and any examiners and __________________________________________________________________ investigators employed by the Commission from suit for all conduct __________________________________________________________________ at any time in the course of their official duties. No civil __________________________________________________________________ action may be maintained against a person nor may any adverse __________________________________________________________________ employment action be taken against a person by any public or __________________________________________________________________ private employer based on statements presented by the person to _______________ the Commission. 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 ______________________________________________________________ The Commission shall adopt rules setting forth standards under __________________________________________________________________ which investigations and investigatory proceedings shall be public __________________________________________________________________ and when they shall be confidential. When the Commission __________________________________________________________________ institutes formal proceedings, the notice of charges, the answer, __________________________________________________________________ and all subsequent papers and proceedings shall be open to the __________________________________________________________________ public. The Commission may make explanatory statements. The __________________________________________________________________ Supreme Court shall continue to make rules for the conduct of judges, both on and off the bench, __________________________________________________________________ and for judicial candidates in _______________________________ the conduct of their campaigns. ______________________________________________________________ Upon request, the Commission shall provide, to the Governor of __________________________________________________________________ any state of the United States, the text of any private __________________________________________________________________ admonishment, advisory letter, or other disciplinary action, __________________________________________________________________ together with any information that the Commission deems necessary __________________________________________________________________ to a full understanding of the Commission's action, with respect __________________________________________________________________ to any applicant whom the Governor states is under consideration _____________________________ for any judicial appointment. The Commission shall provide to ______________________________________________________________ the President of the United __________________________________________________________________ States or his or her designee the text of any private __________________________________________________________________ admonishment, advisory letter, or other disciplinary action __________________________________________________________________ together with any information that the Commission deems necessary __________________________________________________________________ to a full understanding of the Commission's action with respect to __________________________________________________________________ any applicant the President indicates is under consideration for _________________________________ any federal judicial appointment. ______________________________________________________________ The Commission shall divide itself into a hearing panel of __________________________________________________________________ nine members and an investigative panel of three members. Hearing __________________________________________________________________ and investigative panels shall consist of equal members of members __________________________________________________________________ from each category of membership; however, membership on the __________________________________________________________________ panels may rotate in a manner determined by the Commission, and no __________________________________________________________________ member shall sit on both the hearing panel and investigative panel __________________________________________________________________ for the same proceeding. The Commission shall set the schedule as __________________________________________________________________ to when the panels shall meet, and the full Commission shall also __________________________________________________________________ meet periodically to consider general administrative matters. 16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 __________________________________________________________________ Meetings of the Commission, other than regularly scheduled __________________________________________________________________ meetings, may be called by the Chair upon the written request of ________________________________ three members of the Commission." Clerk Bolin: "A quorum shall be ______________________________________________ seven members of the full __________________________________________________________________ Commission, five members of a hearing panel, and two members of an __________________________________________________________________ investigative panel. However, a quorum of the Commission or any __________________________________________________________________ panel must include one member from each category of membership. The Commission shall provide for __________________________________________________________________ the full appointment of alternate __________________________________________________________ members when necessary to fulfill the quorum requirements. ______________________________________________________________ The Commission shall adopt rules of procedure for matters __________________________________________________________________ concerning discipline and incapacity, and shall propose amendments to the Supreme Court Rules __________________________________________________________________ governing judicial conduct. The __________________________________________________________________ Commission shall appoint both a disciplinary counsel and a ___________________ Commission Council. ______________________________________________________________ An investigative panel shall review the recommendations of __________________________________________________________________ disciplinary counsel after preliminary investigation and either authorize a full investigation __________________________________________________________________ or dismiss the complaint. An __________________________________________________________________ investigative panel may also review the recommendations of __________________________________________________________________ disciplinary counsel after full investigation and approve, __________________________________________ disapprove, or modify the recommendations. ______________________________________________________________ A hearing panel shall rule on pre-hearing motions, conduct __________________________________________________________________ hearings on formal charges, and make findings, conclusions, and __________________________________________________________________ recommendations to the full Commission for sanctions or to dismiss __________________________________________________________________ the case. A hearing panel may appoint a hearing officer or a subpanel of the hearing panel to __________________________________________________________________ conduct a hearing in appropriate __________________________________________________________________ cases. The hearing officer or subpanel shall make findings of fact __________________________________________________________________ and submit a report to the full hearing panel. The Disciplinary __________________________________________________________________ Council and the respondent judge shall be given an opportunity to make final objections. __________________________________________________________________ The hearing panel shall then review the __________________________________________________________________ report and record and make its findings, conclusions, and __________________________________________________________________ recommendations to the full Commission regarding the disposition ______________ of the matter. 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 ______________________________________________________________ Disciplinary counsel shall be appointed by the Commission for __________________________________________________________________ a term of six years, and shall be eligible for reappointment. __________________________________________________________________ Full-time Disciplinary Council may not otherwise engage in the __________________________________________________________________ practice of law or serve in a judicial capacity. Disciplinary __________________________________________________________________ counsel shall receive and screen complaints, refer complaints to __________________________________________________________________ other agencies when appropriate, conduct preliminary __________________________________________________________________ investigations, recommend to an investigative panel of the __________________________________________________________________ Commission and upon authorization conduct full investigations, __________________________________________________________________ notify complainants about the status and disposition of their __________________________________________________________________ complaints, and make recommendations to an investigative panel on __________________________________________________________________ the disposition of complaints after full investigation. __________________________________________________________________ Disciplinary counsel shall file formal charges when directed to do __________________________________________________________________ so by an investigative panel, and shall prosecute the formal __________________________________________________________________ charges and file notices of exceptions to the findings, __________________________________________________________________ conclusions, recommendations for sanctions, or orders of dismissal __________________ of hearing panels. ______________________________________________________________ The Commission shall appoint a Commission Council. The __________________________________________________________________ Commission Council shall advise the hearing panel during its deliberations and draft decisions, __________________________________________________________________ orders, reports, and other __________________________________________________________________ documents on behalf of the hearing panel, employ and supervise __________________________________________________________________ other staff necessary to the performance of the Commission's __________________________________________________________________ duties, assist the Commission in providing the support necessary __________________________________________________________________ to the efficient functioning of the hearing process, and perform other duties assigned ________________________________________ by the Commission. ______________________________________________________________ In any hearing regarding charges of misconduct and grounds for __________________________________________________________________ transfer to and from incapacity inactive status, the standard of __________________________________________________________________ proof shall be clear and convincing evidence. The burden of proof __________________________________________________________________ in all proceedings seeking transfer from incapacity or inactive __________________________________________________________________ status shall be on the judge. The rules of evidence applicable to __________________________________________________________________ non-jury civil proceedings and the rules of formal procedure shall __________________________________________________________________ apply in judicial discipline and incapacity cases. The judge __________________________________________________________________ shall be entitled to retain counsel and to have the assistance of 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 __________________________________________ counsel at every stage of the proceedings. ______________________________________________________________ Before the filing and service of formal charges with the __________________________________________________________________ hearing panel, all proceedings shall be confidential. Once formal __________________________________________________________________ charges have been filed and served upon the judge, all proceedings __________________________________________________________________ shall be public, except incapacity proceedings. Before the filing __________________________________________________________________ and service of formal charges, all information relating to a __________________________________________________________________ complaint that has not been dismissed shall be held confidential __________________________________________________________________ by the Commission and by its staff, except that the Commission may __________________________________________________________________ disclose information when the Commission has determined that there __________________________________________________________________ is a need to notify another person to protect that person or to __________________________________________________________________ notify a government agency to protect the public or the __________________________________________________________________ administration of justice, or upon a waiver in writing by the __________________________________________________________________ judge. All information relating to a complaint that has been __________________________________________________________________ dismissed without formal charges being filed shall be held __________________________________________________________________ confidential by the Commission and disciplinary counsel and its __________________________________________________________________ staffs. Rules shall provide for service upon the judge of formal charges in person or by __________________________________________________________________ registered or certified mail, the __________________________________________________________________ Commission shall maintain subpoena power and the authority to __________________________________________________________________ enforce subpoenas. There shall be written acknowledgement of __________________________________________________________________ every complaint, if the complainant is known, and the complainant __________________________________________________________________ shall be notified in writing of the final disposition of a __________________________________________________________________ proceeding. The notification shall be mailed within ten days of ______________________________________ the order disposing of the proceeding. ______________________________________________________________ When disciplinary counsel believes there is evidence __________________________________________________________________ supporting the allegations against a judge, he or she shall __________________________________________________________________ recommend to the investigative panel of the Commission assigned to __________________________________________________________________ the case that the panel authorize a full investigation. The __________________________________________________________________ investigative panel shall review disciplinary counsel's __________________________________________________________________ recommendation and either dismiss the complaint or authorize a __________________________________________________________________ full investigation. Within 10 days after the investigative panel __________________________________________________________________ authorizes a full investigation, disciplinary counsel shall give a __________________________________________________________________ detailed notice to the judge. This notice shall contain a 19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 __________________________________________________________________ specific statement of the allegations being investigated and the __________________________________________________________________ canons or rules allegedly violated, with the provision that the __________________________________________________________________ investigation may be expanded if appropriate. The notice shall also inform the judge of the __________________________________________________________________ duty to respond and that the judge __________________________________________________________________ has an opportunity to meet with disciplinary counsel. The notice __________________________________________________________________ shall also afford the judge the name of the complainant unless the __________________________________________________________________ investigative panel determines that there is good cause to withhold that information. __________________________________________________________________ Disciplinary counsel may request that __________________________________________________________________ the judge file a written response within 30 days after service of ___________ the notice. ______________________________________________________________ Upon the conclusion of the full investigation, disciplinary __________________________________________________________________ counsel may recommend to the investigative panel that there be __________________________________________________________________ dismissal, private admonition or a deferred discipline agreement, __________________________________________________________________ the filing of formal charges, the filing of a petition for __________________________________________________________________ transfer to incapacity inactive status, referral to an appropriate __________________________________________________________________ agency, or a stay. The investigative panel may adopt, reject, or modify the recommendations of __________________________________________________________________ disciplinary counsel. If the __________________________________________________________________ investigative panel imposes a private admonition, the panel shall __________________________________________________________________ condition the private admonition upon the judge's execution of a __________________________________________________________________ waiver of the right to a hearing. The waiver shall bar the judge from objecting to the use at any __________________________________________________________________ subsequent proceeding against the __________________________________________________________________ judge of the findings that are the basis of the admonition. The _______________________________________ private admonition shall be in writing. ______________________________________________________________ The Commission shall adopt rules providing for the contents of formal charges, the necessity of __________________________________________________________________ a written answer to be filed by __________________________________________________________________ the respondent, discovery, agreements regarding sanctions, and the ___________________________ conduct of public hearings. ______________________________________________________________ (c) The Judicial Inquiry Board and the Courts Commission are __________________________________________________________________ abolished. Any matter filed with or pending before the Judicial __________________________________________________________________ Inquiry Board or the Courts Commission and any pending impeachment __________________________________________________________________ investigation or proceeding against a judge shall be transferred __________________________________________________________________ to the Judicial Discipline and Incapacity Commission for 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 ___________________ appropriate action. -------------------------------------------------------------- (b) A Judicial Inquiry Board is created. The Supreme Court ------------------------------------------------------------------ shall select two Circuit Judges as members and the Governor shall appoint four persons who are ------------------------------------------------------------------ not lawyers and three lawyers as ------------------------------------------------------------------ members of the Board. No more than two of the lawyers and two of ------------------------------------------------------------------ the non-lawyers appointed by the Governor shall be members of the ------------------------------------------------------------------ same political party. The terms of Board members shall be four years. A vacancy on the Board ------------------------------------------------------------------ shall be filled for a full term in ------------------------------------------------------------------ the manner the original appointment was made. No member may serve ----------------------------------- on the Board more than eight years. -------------------------------------------------------------- (c) The Board shall be convened permanently, with authority ------------------------------------------------------------------ to conduct investigations, receive or initiate complaints ------------------------------------------------------------------ concerning a Judge or Associate Judge, and file complaints with ------------------------------------------------------------------ the Courts Commission. The Board shall not file a complaint unless ------------------------------------------------------------------ five members believe that a reasonable basis exists (1) to charge the Judge or Associate Judge ------------------------------------------------------------------ with willful misconduct in office, ------------------------------------------------------------------ persistent failure to perform his duties, or other conduct that is ------------------------------------------------------------------ prejudicial to the administration of justice or that brings the ------------------------------------------------------------------ judicial office into disrepute, or (2) to charge that the Judge or ------------------------------------------------------------------ Associate Judge is physically or mentally unable to perform his ------------------------------------------------------------------ duties. All proceedings of the Board shall be confidential except ------------------------------------------------------------------ the filing of a complaint with the Courts Commission. The Board ------------------------------ shall prosecute the complaint. -------------------------------------------------------------- (d) The Board shall adopt rules governing its procedures. It shall have subpoena power and ------------------------------------------------------------------ authority to appoint and direct its ------------------------------------------------------------------ staff. Members of the Board who are not Judges shall receive per ------------------------------------------------------------------ diem compensation and necessary expenses; members who are Judges ------------------------------------------------------------------ shall receive necessary expenses only. The General Assembly by law ------------------------------------------------------- shall appropriate funds for the operation of the Board. -------------------------------------------------------------- (e) A Courts Commission is created consisting of one Supreme ------------------------------------------------------------------ Court Judge selected by that Court, who shall be its chairman, two ------------------------------------------------------------------ Appellate Court Judges selected by that Court, and two Circuit 21 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 ------------------------------------------------------------------ Judges selected by the Supreme Court. The Commission shall be ------------------------------------------------------------------ convened permanently to hear complaints filed by the Judicial ------------------------------------------------------------------ Inquiry Board. The Commission shall have authority after notice ------------------------------------------------------------------ and public hearing, (1) to remove from office, suspend without ------------------------------------------------------------------ pay, censure or reprimand a Judge or Associate Judge for willful ------------------------------------------------------------------ misconduct in office, persistent failure to perform his duties, or other conduct that is prejudicial ------------------------------------------------------------------ to the administration of justice ------------------------------------------------------------------ or that brings the judicial office into disrepute, or (2) to ------------------------------------------------------------------ suspend, with or without pay, or retire a Judge or Associate Judge ----------------------------------------------------------- who is physically or mentally unable to perform his duties. ___ (f) The concurrence of three (d) ---------------------------------------------------------- members of the Commission ---------------------------------- shall be necessary for a decision. The decision of the Commission shall be final. ___ (e) (g) The Commission shall --------------------------------------------------------- adopt rules governing its procedures and shall have ------------------------------------------------------ power to issue subpoenas. The General Assembly shall provide by law for the expenses of the Commission. (Source: Illinois Constitution.) SCHEDULE This Constitutional Amendment takes effect upon approval by the electors of the State.' First Reading of this Constitutional Amendment. Message from the Senate, Mr. Harry, Secretary. 'Mr. Speaker, I'm directed to inform the House of Representative that the Senate has accepted the Governor's specific recommendations for change which are attached to a Bill of the following title. The acceptance of which I am instructed to ask the concurrence of the House. Senate Bill 9, a Bill for an Act in relation to harrassing and obscene communications.' Having no further business, the House Perfunctory Session will stand adjourned. The House will reconvene in Perfunctory Session February 20th at noon, and the House will reconvene in 22 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day February 19, 1998 Regular Session on February 24th at one o'clock p.m." 23