“The House shall come to order. The Members shall be in their chairs. We shall be led in prayer today by Lee Crawford, the Assistant Pastor of the Victory Temple Church in Springfield. The guests in the gallery may wish to rise and join us for the invocation and the Pledge of Allegiance.”
“Let us lift our hearts and our mind before His heavenly throne. Most gracious and most sovereign King, it is at this moment that we do worship You. For You have indeed been merciful, a mercy that we cannot either earn or control. It’s because of Your mercy that we have not been consumed. It is because Your compassions they fail us not. It is because every morning these mercies are new unto us. So, Father, it is at this time and is at this moment that we humbly say thank You for being so merciful toward us. This we ask in Your Son’s name. Amen.”
“We shall be led in the Pledge of Allegiance by Representative O’Brien.”
“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 Currie.”
“Thank you, Speaker. Please let the record show that we have no excused absences today among House Democrats.”
“Mr. Bost.” 09300002.doc 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003
“Thank you, Mr. Speaker. Let the record reflect that all the Republicans are here and ready to do business today and take care of this large Calendar.”
“Mr. Clerk, take the record. There being 118 Members responding to Attendance Roll Call, there is a quorum present. Mr. Hartke. Mr. Clerk, for an announcement. Mr. Clerk.”
“The Comptroller’s Office has requested that all newly elected Members and newly appointed Legislators come to the Room 122-B of the State Capitol today for a final signature on paperwork for payroll and other purposes. Again, that’s Room 122-B for all newly elected Members of the General Assembly of the House of Representatives or newly appointed Members in Room 120-B (sic-122-B) between 10:00 and 1 p.m. for signing paperwork for payroll and other purposes.”
“Representative Hartke in the Chair.”
“Attention Members. Attention Members. With regard to the legislative license plates, which are issued by the Secretary of State’s Office, and your General Assembly identification cards, which are issued by the Clerk’s Office: it’s our intention to issue the plates and the ID cards on the 23rd of January when you return. We’ll start doing that at 10 a.m. on Thursday, the 23rd, in Room 115. Also, if there are any Democratic Members in the Stratton Building, if you could come to the House Floor so we could do the seat assignments. If there are any Democratic Members in the Stratton Building, we’d 09300002.doc 2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 appreciate it if you’d come to the House Floor so we can do the seat assignments.”
“Representative Black, for what reason do you seek recognition?”
“Well, thank you very much, Mr. Speaker. An inquiry of the Clerk.”
“Mr. Clerk.”
“Upon his just completed announcement. When the Republicans were in charge of the chamber, and of course a Republican was the Clerk of the House, we didn’t have this delay on ID cards and license plates. My ID card clearly says ‘expires January 11’. How do you expect me to get in the building on the 23rd? This is an outrage.”
“Representative Black, maybe you haven’t got the hint.”
“Ah, as I suspected. I would… I would ask the Clerk to hold off on the license plates until everyone has decided who’s going where. It might mean lower numbers for some of us, if you’d take that into consideration.”
“No. Chair recognizes Mr. Brady. For what reason do you seek recognition?”
“Thank you, Mr. Speaker. In regards to my new role as House Republican Caucus Chair, immediately following the adjournment of our Session today, the Republicans will have a caucus in the usual room, Room 118. Immediately following Session, Republican Caucus. Thank you.”
“Thank you, Mr. Brady. If every Member heard that on the Republican side? There will be a Republican 09300002.doc 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 Caucus immediately upon adjournment in Room 118. Attention Members of the House, we are preparing to adjourn. Mr. Clerk, the adoption of the Adjournment Resolution.”
Clerk Bolin: “Senate Joint Resolution #1, offered by Representative Barbara Flynn Currie. RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, January 9, 2003, the Senate stands adjourned until Wednesday, January 22, 2003, in Perfunctory Session; and when it adjourns on that day, it stands adjourned until Wednesday, January 29, 2003, in Perfunctory Session; and when it adjourns on that day, it stands adjourned until Tuesday, February 4, 2003, at 12:00 noon; and the House of Representatives stands adjourned until Thursday, January 23, 2003; and when it adjourns on that day, it stands adjourned until Friday, January 24, 2003; and when it adjourns on that day, it stands adjourned until Tuesday, January 28, 2003; and when it adjourns on that day, it stands adjourned until Wednesday, January 29, 2003; and when it adjourns on that day, it stands adjourned until Thursday, January 30, 2003; and when it adjourns on that day, it stands adjourned until Tuesday, February 4, 2003, at 1:00 p.m.”
“You’ve heard the Adjournment Resolution. All those in favor signify by saying ‘aye’; opposed ‘no’. In opinion of the Chair, the ‘ayes’ have it. And the 09300002.doc 4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 Adjournment Resolution is adopted. Does any Member have any announcements? Representative Brady.”
“Thank you, Mr. Speaker. Just a reminder for Republican Caucus will convene right after this in Room 118 for the Republican Caucus. Thank you.”
“Representative Currie now moves that the House stand adjourned until January 23rd at the hour of 1 p.m. All those in favor signify by saying ‘aye’; opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the House stands adjourned. Perfunctory time for the Clerk.”
“The House Perfunctory Session will come to order. First Reading and Introduction of House Bills. House Bill 109, offered by Representative Lou Jones, a Bill for an Act in relation to health facilities. House Bill 110, offered by Representative Black, a Bill for an Act concerning taxation. House Bill 111, offered by Representative Bost, a Bill for an Act in relation to alcoholic liquor. House Bill 112, offered by Representative Boland, a Bill for an Act concerning elections. House Bill 113, offered by Representative Boland, a Bill for an Act concerning the use of mail-in ballots in certain elections. House Bill 114, offered by Representative Boland, a Bill for an Act concerning the use of mail-in ballots in certain elections. House Bill 115, offered by Representative Moffitt, a Bill for an Act in relation to fire protection. House Bill 116, offered by Representative Smith, a Bill for an Act concerning fire protection districts. House Bill 117, offered by Representative Moffitt, a Bill for an Act 09300002.doc 5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 concerning taxes. House Bill 118, offered by Representative Moffitt, a Bill for an Act in relation to corrections. House Bill 119, offered by Representative Moffitt, a Bill for an Act in relation to criminal law. House Bill 120, offered by Representative Smith, a Bill for an Act in relation to fire protection. House Bill 121, offered by Representative Jim Watson, a Bill for an Act in relation to fire equipment. House Bill 122, offered by Representative Smith, a Bill for an Act concerning the Fire… State Fire Marshal. House Bill 123, offered by Representative Moffitt, a Bill for an Act in relation to vehicles. House Bill 124, offered by Representative Bassi, a Bill for an Act in relation to public employee benefits. House Bill 125, offered by Representative Bassi, a Bill for an Act concerning taxes. House Bill 126, offered by Representative Bost, a Bill for an Act in relation to firearms. House Bill 127, offered by Representative Turner, a Bill for an Act concerning cosmetologists. House Bill 128, offered by Representative Boland, a Bill for an Act concerning elections. House Bill 129, offered by Representative Poe, a Bill for an Act concerning disaster service volunteers. House Bill 130, offered by Representative Parke, a Bill for an Act in relation to trusts. House Bill 131, offered by Representative Lyons, Eileen, a Bill for an Act concerning taxes. House Bill 132, offered by Representative Capparelli, a Bill for an Act in relation to the Metropolitan Water Reclamation District. House Bill 133, offered by Representative 09300002.doc 6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 Hannig, a Bill for an Act in relation to criminal law. First Reading of these House Bills. First Reading and Introduction of Constitutional Amendments. House Joint Resolution Constitutional Amendment #1, offered by Representative Lang. WHEREAS, The Ninety-second Congress of the United States of America, at its Second Session, in both houses, by a constitutional majority of two-thirds, adopted the following proposition to amend the Constitution of the United States of America: JOINT RESOLUTION RESOLVED BY THE HOUSE OF REPRESENTATIVES AND SENATE OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED (TWO-THIRDS OF EACH HOUSE CONCURRING THEREIN), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as a part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress: Section 1. Equality of rights under law shall not be denied or abridged by the United States or any State on account of sex. Section 2. The Congress shall have the power to enforce by appropriate legislation the provisions of this article. Section 3. This Amendment shall take effect two years after the date of ratification; and 09300002.doc 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 WHEREAS, A Joint Resolution is a resolution adopted by both houses of the General Assembly and does not require the signature of the Governor; a Joint Resolution is sufficient for Illinois' ratification of an amendment to the United States Constitution; and WHEREAS, The United States Congress has recently adopted the 27th Amendment to the Constitution of the United States, the so-called Madison Amendment, relating to Compensation of Members of Congress; this amendment was proposed 203 years earlier by our First Congress and only recently ratified by three-fourths of the States; the United States Archivist certified the 27th Amendment on May 18, 1992; and WHEREAS, The founders of our nation, James Madison included, did not favor further restrictions to Article V of the Constitution of the United States, the amending procedure; the United States Constitution is harder to amend than any other constitution in history; and WHEREAS, The restricting time limit for the Equal Rights Amendment ratification is in the resolving clause and is not a part of the amendment proposed by Congress and already ratified by 35 states; and WHEREAS, Having passed a time extension for the Equal Rights Amendment on October 20, 1978, Congress has demonstrated that a time limit in a resolving clause can be disregarded if it is not a part of the proposed amendment; and 09300002.doc 8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 WHEREAS, The United States Supreme Court in Coleman v. Miller, 307 U.S. 433, at 456 (1939), recognized that Congress is in a unique position to judge the tenor of the nation, to be aware of the political, social, and economic factors affecting the nation, and to be aware of the importance to the nation of the proposed amendment; and WHEREAS, If an amendment to the Constitution of the United States has been proposed by two-thirds of both houses of Congress and ratified by three-fourths of the state legislatures, it is for Congress under the principles of Coleman v. Miller to determine the validity of the state ratifications occurring after a time limit in the resolving clause, but not in the amendment itself; and WHEREAS, Constitutional equality for women and men continues to be timely in the United States and worldwide, and a number of other nations have achieved constitutional equality for their women and men; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the proposed amendment to the Constitution of the United States of America set forth in this resolution is ratified; and be it further RESOLVED, That a certified copy of this resolution be forwarded to the Archivist of the United States, the Administrator of General Services of the United States, the President pro tempore of the Senate and the Speaker of the House of Representatives of the Congress of the United States, and each member of the Illinois congressional 09300002.doc 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 delegation. House Joint Resolution Constitutional Amendment #2, offered by Representative Cross. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- THIRD 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 8.1 to Article IV of the Illinois Constitution as follows: SECTION 8.1 PASSAGE OF REVENUE BILLS A bill that would result in the increase of revenue to the State by an increase of a tax on or measured by income or by an increase of a tax on or measured by the selling price o f any item of tangible personal property may become law only with the concurrence of three-fifths of the members elected to each house of the General Assembly. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. House Joint Resolution Constitutional Amendment #3, offered by Representative Hassert. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- THIRD 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 09300002.doc 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 adoption of this resolution a proposition to add Section 8.5 to Article IV of the Illinois Constitution as follows: SECTION 8.5 REVENUE BILLS; SUNSET (a)A bill that contains one or more provisions that would result in the increase of revenue to the State may become law only if each of those provisions is explicitly limited in effect to no more than 5 years after the effective date of the bill. (b)A sunset date established under subsection (a) may be extended by the General Assembly by law for up to an additional 5 years in each of up to 3 separate bills. If the General Assembly extends the sunset date of a provision 3 additional times, the General Assembly by law may thereafter remove the sunset date as to that provision. (c)A bill that fails to comply with this Section is void. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. House Joint Resolution Constitutional Amendment #4, offered by Representative Schmitz. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- THIRD 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 09300002.doc 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 adoption of this resolution a proposition to add Section 8.1 to Article IV of the Illinois Constitution as follows: ARTICLE IV THE LEGISLATURE SECTION 8.1 PASSAGE OF REVENUE BILLS. (a)A bill that would result in the increase of revenue to the State may become law only with the concurrence of three-fifths of the members elected to each house of the General Assembly. (b)A house of the General Assembly may not pass a bill that would result in the increase of revenue to the State until: (1)At least 30 calendar days have elapsed (i) after the introduction of the bill in that house or (ii) after an amendment to the bill has been adopted in that house, whichever is later; and (2)That house has held at least 2 public hearings on the bill prior to passage by that house. Notice of each hearing must be given to the public at least 6 days before the date of the hearing. At least one of the hearings held by each house must be held outside the corporate limits of: (A)The capital city of the State; and (B)The largest city in Illinois by population as measured by the federal decennial census. 09300002.doc 12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. First Reading of these Constitutional Amendments. First Reading and Introduction of Constitutional Amendments. House Joint Resolution Constitutional Amendment #5, offered by Representative Eileen Lyons. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Sections 2 and 5 of Article IV of the Illinois Constitution: ARTICLE IV THE LEGISLATURE SECTION 2. LEGISLATIVE COMPOSITION (a)One Senator shall be elected from each Legislative District. Senators elected in 2006 shall serve six-year terms. Senators elected in 2008 shall serve four-year terms. Immediately following each decennial redistricting, the General Assembly by law shall divide the Legislative Districts as equally as possible into two groups during each ten-year period, beginning with the general election in 2012, Senators from one group shall first be elected for terms of six years and then for terms of four years. And 09300002.doc 13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 Senators from the other group shall first be elected for terms of four years and then for terms of six years. The Legislative Districts in each group shall be distributed substantially equally over the State. (b)Each Legislative District shall be divided into two Representative Districts. One Representative shall be elected from each Representative District. Representatives elected in 2006 shall first serve terms of four years and then terms of two years. Representatives elected in 2008 shall serve terms of four years. During each ten-year period, beginning with the general election in 2012, Representatives shall first be elected for terms of four years, then for terms of two years, and then for terms of four years. (c)To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his election or appointment a resident of the district which he is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he resided at the time of the redistricting and reelected if a resident of the new district he represents for 18 months prior to reelection. (d)Within thirty days after a vacancy occurs, it shall be filled by appointment as provided by law. If the vacancy is in a Senatorial or Representative Office with more than twenty-eight months remaining in the term, the appointed 09300002.doc 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 Senator or Representative shall serve until the next general election, at which time a Senator or Representative shall be elected to serve for the remainder of the term. If the vacancy is in any other Senatorial or Representative office, the appointment shall be for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he succeeds. (e)No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly. No member of the General Assembly during the term for which he was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term. SECTION 5. SESSIONS (a)The General Assembly shall convene each year on the second Wednesday of January. The General Assembly shall be a continuous body for a period beginning and ending at noon on the second Wednesday of January of consecutive odd- numbered years. (b)The Governor may convene the General Assembly or the Senate alone in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. 09300002.doc 15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 Special sessions of the General Assembly may also be convened by joint proclamation of the presiding officers of both houses, issued as provided by law. (c)Sessions of each house of the General Assembly and meetings of committees, joint committees and legislative commissions shall be open to the public. Sessions and committee meetings of a house may be closed to the public if two-thirds of the members elected to that house determine that the public interest so requires; and meetings of joint committees and legislative commissions may be so closed if two-thirds of the members elected to each house so determine. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to the election of members of the General Assembly in 2006 and thereafter. It does not affect the terms of members elected in 2002 or 2004. House Joint Resolution Constitutional Amendment #6, offered by Representative Boland. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Sections 09300002.doc 16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 2 and 5 of Article IV of the Illinois Constitution as follows: ARTICLE IV THE LEGISLATURE SECTION 2. LEGISLATIVE COMPOSITION (a)One Senator shall be elected from each Legislative District. Senators elected in 2006 shall serve terms of six years. Senators elected in 2008 shall serve terms of four years. Senators elected in 2010 shall serve terms of two years. Immediately following each decennial redistricting, the General Assembly by law shall divide the Legislative Districts as equally as possible into two groups. During each ten-year period, beginning with the general election in 2012, Senators from one group shall first be elected for terms of six years and then for terms of four years; and Senators from the other group, shall first be elected for terms of four years, and then for terms of six years. The Legislative Districts in each group shall be distributed substantially equally over the State. (b)Each Legislative District shall be divided into two Representative Districts. One Representative shall be elected from each Representative District. Representatives elected in 2006 shall serve terms of four years. Representatives elected in 2010 shall serve terms of two years. During each ten-year period, beginning with the general election in 2012, Representatives shall first be 09300002.doc 17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 elected for terms of four years, then for terms of two years, and then for terms of four years. (c)To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his election or appointment a resident of the district which he is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he resided at the time of the redistricting and reelected if a resident of the new district he represents for 18 months prior to reelection. (d)Within thirty days after a vacancy, it shall be filled by appointment as provided by law. If the vacancy is in a Senatorial or Representative Office with more than twenty-eight months remaining in the term, the appointed Senator or Representative shall serve until the next general election, at which time a Senator or Representative shall be elected to serve for the remainder of the term. If the vacancy is in any other Senatorial or Representative office the appointment shall be for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he succeeds. (e)No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly. No member of the General Assembly during the term for which he was 09300002.doc 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term. SECTION 5. SESSIONS (a)The General Assembly shall convene each year on the second Wednesday of January. The General Assembly shall be a continuous body for a period beginning and ending at noon on the second Wednesday of January of consecutive odd- numbered years. (b)The Governor may convene the General Assembly or the Senate alone in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. Special sessions of the General Assembly may also be convened by joint proclamation of the presiding officers of both houses, issued as provided by law. (c)Sessions of each house of the General Assembly and meetings of committees, joint committees and legislative commissions shall be open to the public. Sessions and committee meetings of a house may be closed to the public if two-thirds of the members elected to that house determine that the public interest so requires; and meetings of joint committees and legislative commissions may be so closed if two-thirds of the members elected to each house so determine. 09300002.doc 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to the election of members of the General Assembly in 2006 and thereafter. It does not affect the terms of members elected before 2006. House Joint Resolution Constitutional Amendment #7, offered by Representative Franks. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- THIRD 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 2 of Article X of the Constitution as follows: ARTICLE X EDUCATION SECTION 2. STATE BOARD OF EDUCATION - STATE SUPERINTENDENT OF EDUCATION (a)There is created a State Board of Education to be elected or selected on a regional basis. The number of members, their qualifications, terms of office and manner of election or selection shall be provided by law. The Board, except as limited by law, may establish goals, determine policies, provide for planning and evaluating education programs and recommend financing. The Board shall have such other duties and powers as provided by law. 09300002.doc 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 (b)A State Superintendent of Education shall be nominated at a general primary election and elected by the electors of the State at the general election every 4 years, beginning in 2006. The State Superintendent of Education shall hold office for 4 years beginning on the second Monday of January after his or her election. To be eligible to hold the office of State Superintendent of Education a person must be a United States citizen, at least 25 years old, and a resident of the State for 10 years preceding his or her election. The names of the candidates for State Superintendent of Education shall be printed on the ballot directly below the names of the candidates for Secretary of State. Any vacancy in the office of State Superintendent of Education shall be filled in the manner provided in Section 7 of Article V. Until the State Superintendent of Education initially elected under this Section takes office, the State Board of Education shall appoint a chief state educational officer. The State Superintendent of Education shall be the chief educational officer of the State. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act, and when the State Superintendent of Education initially elected under Section 2 of Article X of the Illinois Constitution takes office, the term of office of the chief state educational officer 09300002.doc 21 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 appointed by the State Board of Education shall expire. House Joint Resolution Constitutional Amendment #8, offered by Representative Franks. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- THIRD 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 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 09300002.doc 22 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 2nd Legislative Day 1/9/2003 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. First Reading of these Constitutional Amendments. First Reading and Introduction of House Bills. House Bill 134, offered by Representative Pat Lindner, a Bill for an Act in relation to vehicles. House Bill 135, offered by Representative Lindner, a Bill for an Act concerning Appropriation Bills. First Reading of these House Bills. There being no further business, the House Perfunctory Session will stand adjourned.” 09300002.doc 23