"House Perfunctory Session will come to order. Introduction and reading of House Bills-First Reading. House Bill 5312, offered by Representative Saviano, a Bill for an Act concerning public employee benefits. House Bill 5313, offered by Representative Saviano, a Bill for an Act concerning gaming. House Bill 5314, offered by Representative Reitz, a Bill for an Act concerning professional regulation. House Bill 5315, offered by Representative Verschoore, a Bill for an Act concerning cemeteries. House Bill 5316, offered by Representative Joyce, a Bill for an Act concerning professions and occupations. House Bill 5317, offered by Representative Joyce, a Bill for an Act concerning public employee benefits. House Bill 5318, offered by Representative Joyce, a Bill for an Act in relation to public employee benefits. House Bill 5319, offered by Representative Joyce, a Bill for an Act concerning government. House Bill 5320, offered by Representative Senger, a Bill for an Act concerning criminal law. House Bill 5321, offered by Representative Senger, a Bill for an Act concerning criminal law. House Bill 5322, offered by Representative Currie, a Bill for an Act concerning education. House Bill 5323, offered by Representative Ford, a Bill for an Act concerning regulation. House Bill 5324, offered by Representative Burke, a Bill for an Act concerning regulation. House Bill 5325, offered by Representative Burke, a Bill for an Act concerning health. House Bill 5326, offered by Representative Golar, a Bill for an Act concerning health. House Bill 5327, offered by 09600094.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Representative Durkin, a Bill for an Act concerning transportation. House Bill 5328, offered by Representative Connelly, a Bill for an Act concerning public employee benefits. House Bill 5329, offered by Representative Phelps, a Bill for an Act concerning government. House Bill 5330, offered by Representative Beiser, a Bill for an Act concerning transportation. House Bill 5331, offered by Representative Reitz, a Bill for an Act concerning public aid. House Bill 5332, offered by Representative Berrios, a Bill for an Act concerning finance. House Bill 5333, offered by Representative Berrios, a Bill for an Act concerning appropriations. House Bill 5334, offered by Representative Berrios, a Bill for an Act concerning insurance. House Bill 5335, offered by Representative Berrios, a Bill for an Act concerning revenue. House Bill 5336, offered by Representative Senger, a Bill for an Act concerning local government. House Bill 5337, offered by Representative May, a Bill for an Act concerning regulation. House Bill 5338, offered by Representative May, a Bill for an Act concerning health. House Bill 5339, offered by Representative Chapa LaVia, a Bill for an Act concerning appropriations. House Bill 5340, offered by Representative Chapa LaVia, a Bill for an Act concerning education. House Bill 5341, offered by Representative Chapa LaVia, a Bill for an Act concerning transportation. House Bill 5342, offered by Representative Chapa LaVia, a Bill for an Act concerning transportation. House Bill 5343, offered by Representative Chapa LaVia, a Bill for an Act concerning civil law. House Bill 5344, offered by 09600094.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Representative Chapa LaVia, a Bill for an Act concerning education. House Bill 5345, offered by Representative Chapa LaVia, a Bill for an Act concerning revenue. House Bill 5346, offered by Representative Chapa LaVia, a Bill for an Act concerning local government. House Bill 5347, offered by Representative Chapa LaVia, a Bill for an Act concerning utilities. House Bill 5348, offered by Representative Chapa LaVia, a Bill for an Act concerning utilities. House Bill 5349, offered by Representative Colvin, a Bill for an Act concerning employment. House Bill 5350, offered by Representative Bellock, a Bill for an Act concerning health. House Bill 5351, offered by Representative Bellock, a Bill for an Act concerning health. House Bill 5352, offered by Representative Saviano, a Bill for an Act concerning insurance. House Bill 5353, offered by Representative Mathias, a Bill for an Act concerning government. House Bill 5354, offered by Representative Saviano, a Bill for an Act concerning regulation. House Bill 5355, offered by Representative Fritchey, a Bill for an Act concerning revenue. House Bill 5356, offered by Representative Zalewski, a Bill for an Act concerning regulation. House Bill 5357, offered by Representative Coulson, a Bill for an Act concerning State government. Correction. House 5356, offered by Representative Zalewski, a Bill for an Act concerning regulation. House Bill 5358, offered by Representative Phelps, a Bill for an Act concerning officials. House Bill 5359, offered by Representative Burke, a Bill for an Act concerning criminal law. House Bill 5360, offered by 09600094.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Representative Burke, a Bill for an Act concerning corrections. House Bill 5361, offered by Representative Burke, a Bill for an Act concerning courts. House Bill 5362, offered by Representative Burke, a Bill for an Act concerning criminal law. House Bill 5363, offered by Representative Burke, a Bill for an Act concerning criminal law. House Bill 5364, offered by Representative Burke, a Bill for an Act concerning criminal law. House Bill 5365, offered by Representative Burke, a Bill for an Act concerning public employee benefits. House Bill 5366, offered by Representative Burke, a Bill for an Act concerning public employee benefits. House Bill 5367, offered by Representative Burke, a Bill for an Act concerning criminal law. House Bill 5368, offered by Representative Burke, a Bill for an Act concerning transportation. House Bill 5369, offered by Representative Washington, a Bill for an Act concerning civil law. House Bill 5370, offered by Representative Washington, a Bill for an Act concerning aging. House Bill 5371, offered by Representative Washington, a Bill for an Act concerning aging. House Bill 5372, offered by Representative Lyons, a Bill for an Act concerning transportation. House Bill 5373, offered by Representative Lyons, a Bill for an Act concerning public employee benefits. House Bill 5374, offered by Representative Crespo, a Bill for an Act concerning revenue. House Bill 5375, offered by Representative Crespo, a Bill for an Act concerning sex offenders. House Bill 5376, offered by Representative Jakobsson, a Bill for an Act concerning not-for-profit 09600094.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 corporations. House Bill 5377, offered by Representative Mautino, a Bill for an Act concerning professional regulation. House Bill 5378, offered by Representative Holbrook, a Bill for an Act concerning utilities. House Bill 5379, offered by Representative Holbrook, a Bill for an Act concerning utilities. House Bill 5380, offered by Representative Holbrook, a Bill for an Act concerning revenue. House Bill 5381, offered by Representative Reboletti, a Bill for an Act concerning courts. House Bill 5382, offered by Representative Nekritz, a Bill for an Act concerning medical privacy. House Bill 5383, offered by Representative Holbrook, a Bill for an Act concerning safety. House Bill 5384, offered by Representative Holbrook, a Bill for an Act concerning safety. House Bill 5385, offered by Representative Holbrook, a Bill for an Act concerning safety. House Bill 5386, offered by Representative Holbrook, a Bill for an Act concerning safety. House Bill 5387, offered by Representative Holbrook, a Bill for an Act concerning safety. House Bill 5388, offered by Representative Howard, a Bill for an Act concerning regulation. House Bill 5389, offered by Representative McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 5390, offered by Representative Howard, a Bill for an Act concerning human rights. House Bill 5391, offered by Representative McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 5392, offered by Representative McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 5393, offered by Representative 09600094.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 5394, offered by Representative Howard, a Bill for an Act concerning criminal law. House Bill 5395, offered by Representative McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 5396, offered by Representative McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 5397, offered by Representative McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 5398, offered by Representative McAuliffe, a Bill for an Act concerning veterans. House Bill 5399, offered by Representative Howard, a Bill for an Act concerning criminal law. House Bill 5400, offered by Representative Howard, a Bill for an Act concerning education. House Bill 5401, offered by Representative Howard, a Bill for an Act concerning criminal law. House Bill 5402, offered by Representative Howard, a Bill for an Act concerning criminal law. House Bill 5403, offered by Representative Hernandez, a Bill for an Act concerning education. House Bill 5404, offered by Representative Howard, a Bill for an Act concerning State government. House Bill 5405, offered by Representative Rita, a Bill for an Act concerning State government. House Bill 5406, offered by Representative Rita, a Bill for an Act concerning State government. House Bill 5407, offered by Representative Davis, William, a Bill for an Act concerning insurance. House Bill 5408, offered by Representative Davis, William, a Bill for an Act concerning revenue. House Bill 5409, offered by Representative Thapedi, a Bill for an Act concerning 09600094.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 insurance. House Bill 5410, offered by Representative Howard, a Bill for an Act concerning criminal law. House Bill 5411, offered by Representative Burns, a Bill for an Act concerning education. House Bill 5412, offered by Representative Moffitt, a Bill for an Act concerning safety. House Bill 5413, offered by Representative Collins, a Bill for an Act concerning criminal law. House Bill 5414, offered by Representative Collins, a Bill for an Act concerning courts. House Bill 5415, offered by Representative Collins, a Bill for an Act concerning education. House Bill 5416, offered by Representative McCarthy, a Bill for an Act concerning State government. House Bill 5417, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5418, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5419, offered by Representative Mell, a Bill for an Act concerning health. House Bill 5420, offered by Representative Mell, a Bill for an Act concerning State government. House Bill 5421, offered by Representative Mell, a Bill for an Act concerning sex offenders. House Bill 5422, offered by Representative Nekritz, a Bill for an Act concerning condominium property. House Bill 5423, offered by Representative Jefferson, a Bill for an Act concerning revenue. House Bill 5424, offered by Representative Jefferson, a Bill for an Act concerning State government. House Bill 5425, offered by Representative Jefferson, a Bill for an Act concerning employment. House Bill 5426, offered by Representative 09600094.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Jefferson, a Bill for an Act concerning criminal law. House Bill 5427, offered by Representative Sullivan, a Bill for an Act concerning local government. House Bill 5428, offered by Representative Feigenholtz, a Bill for an Act concerning civil law. House Bill 5429, offered by Representative Feigenholtz, a Bill for an Act concerning civil law. House Bill 5430, offered by Representative Feigenholtz, a Bill for an Act concerning regulation. House Bill 5431, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5432, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5433, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5434, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5435, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5436, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5437, offered by Representative McCarthy, a Bill for an Act concerning gaming. House Bill 5438, offered by Representative Reitz, a Bill for an Act concerning finance. House Bill 5439, offered by Representative McCarthy, a Bill for an Act concerning regulation. House Bill 5440, offered by Representative McCarthy, a Bill for an Act concerning regulation. House Bill 5441, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5442, offered by Representative 09600094.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 McCarthy, a Bill for an Act concerning public employee benefits. House Bill 5443, offered by Representative Reboletti, a Bill for an Act concerning criminal law. House Bill 5444, offered by Representative Reboletti, a Bill for an Act concerning criminal law. House Bill 5445, offered by Representative Reboletti, a Bill for an Act concerning criminal law. House Bill 5446, offered by Representative Riley, a Bill for an Act concerning local government. House Bill 5447, offered by Representative Riley, a Bill for an Act concerning revenue. House Bill 5448, offered by Representative Riley, a Bill for an Act concerning child support. House Bill 5449, offered by Representative Lyons, a Bill for an Act concerning regulation. House Bill 5450, offered by Representative Nekritz, a Bill for an Act concerning education. House Bill 5451, offered by Representative Beaubien, a Bill for an Act concerning revenue. House Bill 5442 (sic-5452), offered by Representative Beiser, a Bill for an Act concerning aging. House Bill 5453, offered by Representative Franks, a Bill for an Act concerning State government. House Bill 5454, offered by Representative May, a Bill for an Act concerning transportation. House Bill 5455, offered by Representative Franks, a Bill for an Act concerning government. House Bill 5456, offered by Representative Beiser, a Bill for an Act concerning civil law. House Bill 5457, offered by Representative Beiser, a Bill for an Act concerning regulation. House Bill 5458, offered by Representative Bradley, a Bill for an Act concerning government. House Bill 5459, offered by 09600094.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Representative Coulson, a Bill for an Act concerning children. House Bill 5460, offered by Representative Coulson, a Bill for an Act concerning criminal law. House Bill 5461, offered by Representative Coulson, a Bill for an Act concerning government. House Bill 5462, offered by Representative Coulson, a Bill for an Act concerning criminal law. House Bill 5463, offered by Representative Currie, a Bill for an Act concerning government. House Bill 5464, offered by Representative Coulson, a Bill for an Act concerning government. House Bill 5465, offered by Representative Coulson, a Bill for an Act concerning criminal law. House Bill 5466, offered by Representative Coulson, a Bill for an Act concerning education. House Bill 5467, offered by Representative Coulson, a Bill for an Act concerning libraries. House Bill 5468, offered by Representative Coulson, a Bill for an Act concerning regulation. House Bill 5469, offered by Representative Farnham, a Bill for an Act concerning financial regulation. House Bill 5470, offered by Representative Farnham, a Bill for an Act concerning revenue. House Bill 5471, offered by Representative Flowers, a Bill for an Act concerning insurance. House Bill 5472, offered by Representative Flowers, a Bill for an Act concerning education. House Bill 5473, offered by Representative Flowers, a Bill for an Act concerning insurance. House Bill 5474, offered by Representative Flowers, a Bill for an Act concerning drug prices. House Bill 5475, offered by Representative Flowers, a Bill for an Act concerning regulation. House Bill 5476, offered by Representative Flowers, a Bill for an 09600094.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Act concerning financial regulation. House Bill 5477, offered by Representative McAuliffe, a Bill for an Act concerning local government. House Bill 5478, offered by Representative McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 5479, offered by Representative McAuliffe, a Bill for an Act concerning civil law. House Bill 5480, offered by Representative Osterman, a Bill for an Act concerning public safety. House Bill 5481, offered by Representative Kosel, a Bill for an Act concerning education. House Bill 5482, offered by Representative Kosel, a Bill for an Act concerning utilities. House Bill 5483, offered by Representative Kosel, a Bill for an Act concerning government. House Bill 5484, offered by Representative Kosel, a Bill for an Act concerning civil law. House Bill 5485, offered by Representative Kosel, a Bill for an Act concerning local government. House Bill 5486, offered by Representative Kosel, a Bill for an Act concerning transportation. House Bill 5487, offered by Representative Mitchell, Bill, a Bill for an Act concerning employment. House Bill 5488, offered by Representative Mitchell, Bill, a Bill for an Act concerning government. House Bill 5489, offered by Representative Ramey, a Bill for an Act concerning orders of protection. House Bill 5490, offered by Representative Sacia, a Bill for an Act concerning elections. House Bill 5491, offered by Representative Moffitt, a Bill for an Act concerning utilities. House Bill 5492, offered by Representative Crespo, a Bill for an Act concerning transportation. House Bill 5493, offered by Representative 09600094.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Gordon, Careen, a Bill for an Act concerning liquor. House Bill 5494, offered by Representative Washington, a Bill for an Act concerning criminal law. House Bill 5495, offered by Representative Burns, a Bill for an Act concerning criminal law. House Bill 5496, offered by Representative Burke, a Bill for an Act concerning public employee benefits. House Bill 5497, offered by Representative Burke, a Bill for an Act concerning public employee benefits. House Bill 5498, offered by Representative Burke, a Bill for an Act concerning public employee benefits. House Bill 5499, offered by Representative Washington, a Bill for an Act concerning aging. House Bill 5500, offered by Representative Boland, a Bill for an Act concerning education. House Bill 5501, offered by Representative Hernandez, a Bill for an Act concerning hunger. House Bill 5502, offered by Representative Hernandez, a Bill for an Act concerning regulation. House Bill 5503, offered by Representative Hernandez, a Bill for an Act concerning government. House Bill 5504, offered by Representative Rose, a Bill for an Act concerning finance. House Bill 5505, offered by Representative Hoffman, a Bill for an Act concerning State government. House Bill 5506, offered by Representative Kosel, a Bill for an Act concerning public employee benefits. House Bill 5507, offered by Representative Gordon, Careen, a Bill for an Act concerning transportation. House Bill 5508, offered by Representative Nekritz, a Bill for an Act concerning insurance. House Bill 5509, offered by Representative Nekritz, a Bill for an Act concerning civil law. House 09600094.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Bill 5510, offered by Representative Farnham, a Bill for an Act concerning civil law. And House Bill 5511, offered by Representative Eddy, a Bill for an Act concerning public employee benefits. House Joint Resolution Constitutional Amendments-First Reading. House Joint Resolution Constitutional Amendment 45, offered by Representative Coulson. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH 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 Article VI of the Illinois Constitution by changing Sections 7, 8, and 12 and adding Sections 12.1, 12.2, 12.3, 12.4, and 12.5 as follows: ARTICLE VI THE JUDICIARY SECTION 7. JUDICIAL CIRCUITS (a) The State shall be divided into Judicial Circuits consisting of one or more counties. The First Judicial District shall constitute a Judicial Circuit. The Judicial Circuits within the other Judicial Districts shall be as provided by law. Circuits composed of more than one county shall be compact and of contiguous counties. The General Assembly by law may provide for the division of a circuit for the purpose of selection of Circuit Judges and for the selection of Circuit Judges from the circuit at large. 09600094.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 (b) Each Judicial Circuit shall have one Circuit Court with such number of Circuit Judges as provided by law. Unless otherwise provided by law, there shall be at least one Circuit Judge from each county. (c) Circuit Judges in each circuit shall select by secret ballot a Chief Judge from their number to serve at their pleasure. Subject to the authority of the Supreme Court, the Chief Judge shall have general administrative authority over his court, including authority to provide for divisions, general or specialized, and for appropriate times and places of holding court. SECTION 8. ASSOCIATE JUDGES Each Circuit Court shall have such number of Associate Judges as provided by law. In the First Judicial District and in each Judicial Circuit that adopts Sections 12.1 and 12.3 by a local option referendum under Section 12.2, no new Associate Judges shall be appointed, but existing Associate Judges shall be eligible for reappointment by the Circuit Judges in each circuit as the Supreme Court shall provide by rule; otherwise Associate Judges shall be appointed by the Circuit Judges in each circuit as the Supreme Court shall provide by rule. The Supreme Court shall provide by rule for matters to be assigned to Associate Judges. SECTION 12. ELECTION OF CIRCUIT JUDGES (a) In the First Judicial District and in Judicial Circuits that adopt Sections 12.1 and 12.3 by a local option referendum under Section 12.2, Circuit Judges shall be selected in the manner provided by those Sections, unless 09600094.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 that manner of selection is terminated by referendum under Section 12.2; otherwise, Circuit Judges shall be elected in the manner provided by this Section. (b) Circuit Judges shall be nominated at primary elections or by petition and shall be elected at general elections as provided by law. A person eligible for the office of Circuit Judge may cause his or her name to appear on the ballot as a candidate for Circuit Judge at primary and at general elections by submitting petitions. The General Assembly shall prescribe by law the requirements for petitions. A Circuit Judge elected to office under this subsection (b) may stand for retention for a full term under Section 12.4. (c) The office of a Circuit Judge shall be vacant upon the incumbent's death, resignation, retirement, or removal, upon the conclusion of a term without retention in office, or an additional Circuit Judge is authorized by law. (d) A vacancy occurring in the office of Circuit Judge shall be filled as the General Assembly may provide by law or, in the absence of a law, by appointment by the Supreme Court. A person appointed to fill a vacancy 60 or more days prior to the next primary election to nominate Circuit Judges shall serve until the first Monday in December following the general election next following the appointment. A person appointed to fill a vacancy less than 60 days prior to the next primary election to nominate Circuit Judges shall serve until the the first Monday in December following the second general election following such appointment. 09600094.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 SECTION 12.1. APPOINTMENT OF JUDGES (a) This Section governs the selection of Supreme and Appellate Judges and the selection of Circuit Judges of the First Judicial District and Circuits that adopt this Section and Section 12.3 by a local option referendum under Section 12.2. For purposes of this Section and Section 12.4, the term "Judge" includes all Supreme, Appellate, and Circuit Judges selected in accordance with this Section except where a distinction is indicated. (b) Judges shall be appointed by the Governor from nominees submitted by Judicial Nominating Commissions. (c) The office of a Judge shall be vacant upon the incumbent's death, resignation, retirement, or removal, upon conclusion of a term without retention in office, or whenever an increase in the number of Judges is authorized. (d) As soon as a vacancy occurs in the office of Judge or will occur within 6 months by a day certain, or upon receiving notice from the Governor that all 3 nominees on a list have been rejected, the administrative director of the Illinois courts shall promptly notify the chairperson of the appropriate Judicial Nominating Commission, who shall immediately convene the Commission. (e) Within 42 days after receiving notice from the administrative director of the Illinois courts, the Commission shall submit to the Governor a list of 3 nominees in alphabetical order, who are qualified for review by the Commission. For the purposes of Sections 12.1 through 12.5, "qualified for review by the Commission" means persons who by their character, temperament, 09600094.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 professional aptitude, experience, and commitment to equal justice under law are deemed by the Commission to be best qualified to fill the vacancy. The Commission may not include on a list a nominee who is on another list pending before the Governor to fill a vacancy in the same judicial office or who was a nominee on a list rejected by the Governor to fill a vacancy in the same judicial office. No list shall have any effect after the required appointment is made from the list or all 3 nominees on the list are rejected by the Governor. (f) Immediately upon receiving a list, the Governor shall make it public. Not less than 28 nor more than 56 days after receiving a list, the Governor shall appoint from the list a person to fill the vacancy or notify the administrative director of the Illinois courts that all 3 nominees on a list have been rejected. (g) In the First Judicial District, half of the vacancies and new positions on the Circuit Court shall be filled by persons residing anywhere within the District and half shall be filled by persons residing within the divisions of the Circuit provided by law in accordance with subsection (a) of Section 7 of Article VI, if any. The appointments from the divisions, if any, within the Circuit shall be allocated equally among the divisions. (h) A person appointed to fill a vacancy under this Section shall serve an initial term ending on the first Monday in December following the next general election held after the completion of one year in office. At that general election 09600094.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 the Judge may stand for retention in office for a full term under Section 12.4. SECTION 12.2. CIRCUIT LOCAL OPTION REFERENDA (a) The electors of a Judicial Circuit may by a local option referendum adopt a proposition requiring Sections 12.1 and 12.3 to govern the selection of Circuit Judges of that Circuit. The electors of a Circuit shall vote on the proposition at the next general election held not less than 3 months following the filing of petitions with the Secretary of State, signed by at least 5% of the total number of electors who voted at the next preceding general election in that Circuit, asking that the proposition be submitted to referendum. If a majority of votes cast on the proposition are in the affirmative, Sections 12.1 and 12.3 shall thereafter govern the selection of Circuit Judges of the Circuit Court of that Circuit. (b) After the eighth year following a local option referendum in which the electors of a circuit have adopted Sections 12.1 and 12.3 to govern the selection of Circuit Judges, the electors of the Circuit may terminate, by a local option referendum, their adoption of Sections 12.1 and 12.3. The referendum shall be subject to the same requirements and shall be conducted in the same manner as a referendum for adoption of Sections 12.1 and 12.3. If a majority of the votes cast on the proposition to terminate are in the affirmative, the selection of Circuit Judges and Associate Judges of that Circuit shall be governed by Sections 12 and 8, respectively, unless Sections 12.1 and 12.3 are again adopted under this Section. 09600094.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 (c) To provide time for the establishment of District Judicial Nominating Commissions, vacancies occurring in the offices of Supreme and Appellate Judge and, in the First Judicial District, Circuit Judge on or before June 30th following the date this Amendment takes effect shall continue to be filled, using the procedures in Section 12 as it existed before the effective date of this Amendment, for a term ending the first Monday in December after the next general election. (d) To provide time for the establishment of a Circuit Judicial Nominating Commission, vacancies occurring in the offices of Circuit Judge on or before March 31st following the adoption of Sections 12.1 and 12.3 in a local option referendum in a Judicial Circuit shall continue to be filled, using the procedures applicable before the referendum, for a term ending the first Monday in December after the next general election. SECTION 12.3. JUDICIAL NOMINATING COMMISSIONS (a) There shall be a Judicial Nominating Commission in the First Judicial District for the nomination of Judges for the Supreme, Appellate, and Circuit Courts for that District, in each other Judicial District for the nomination of Judges for the Supreme and Appellate Courts for that District, and in each Judicial Circuit that, by a local option referendum, adopts Section 12.1 and this Section for the nomination of Circuit Judges for that Circuit. 09600094.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 (b) Each Judicial Nominating Commission shall consist of 12 members who are residents of the appropriate District or Circuit. (c) The President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives shall each appoint 3 members to each Judicial Nominating Commission. Each appointing authority shall appoint one lawyer and 2 non-lawyers. Each member shall serve for a term of 6 years, except that the 3 initial members appointed by each appointing authority shall serve terms of 2, 4, and 6 years as designated by the appointing authority. Vacancies shall be filled for the unexpired term by the appointing authority who appointed the member whose office is then vacant. "Appointing authority" means the office, not the individual or political party affiliation of the individual who may hold that office from time to time. (d) The chairperson of each Judicial Nominating Commission shall be selected by vote of all the members of the Commission. The term of a chairperson shall be for 3 years unless his or her remaining term as a member of the Commission expires sooner. (e) A person who holds an office under the United States or this State or a unit of local government or school district and receives compensation for services rendered in that office or who holds any office or official position in a political party is ineligible to serve on a Judicial Nominating Commission. Compensation for service in the State militia or the armed services of the United States 09600094.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 for a period of time to be determined by the Supreme Court by rule shall not be considered a disqualification. No member of a Judicial Nominating Commission may be appointed to judicial office while serving on the Commission or for a period of 3 years after his or her service on a Commission has ended. (f) A member who has served a full term of 6 years on a Judicial Nominating Commission may not serve on a Commission during the next 3 years. No person may serve on more than one Judicial Nominating Commission at the same time. (g) A Commission may conduct investigations, meetings, and hearings, all of which may be secret, and employ staff members that may be necessary to perform the Commission's duties. Members of Commissions shall not receive any compensation for their services, but shall be entitled to reimbursement for necessary expenses. The General Assembly shall appropriate funds to the Supreme Court for reimbursement of those expenses and for all other administrative expenses of the Commissions. (h) Nominations shall be submitted to the Governor only upon concurrence of not less than two-thirds of all members of the Commission. (i) All lawyer and non-lawyer members of each Judicial Nominating Commission shall be subject to ethics and economic disclosure requirements as provided by law. SECTION 12.4. RETENTION ELECTIONS (a) Not less than 6 months before the general election next preceding the expiration of the term of office of (i) a 09600094.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 Supreme, Appellate, or Circuit Judge who was elected to that office or (ii) a Supreme, Appellate, or Circuit Judge who was appointed to that office under Section 12.1, he or she may file in the office of the Secretary of State a declaration of candidacy for retention in that office for a full term. Not less than 63 days before the election, the Secretary of State shall certify the Judge's candidacy to the proper election officials. At the election the name of each Judge who has timely filed a declaration of candidacy for retention (except each Supreme, Appellate, and Circuit Judge who, under Section 12.5, has been found qualified for review by the Commission and qualified to serve for the succeeding term) shall be submitted to the electors, separately and without party designation, on the sole question of retention in office for another term. Retention elections shall be conducted at general elections in the appropriate Judicial Districts and Circuits. The affirmative vote of three-fifths of the electors voting on the question of retention shall elect a Judge to that office for a full term commencing on the first Monday in December following the election. (b) A Judge eligible to file a declaration of candidacy for retention who fails to do so within the time specified in subsection (a) or, having filed, fails to be retained shall vacate the office on the first Monday in December following the election, whether or not a successor has yet qualified. If an incumbent Judge, eligible to do so, does not timely file a declaration of candidacy for retention, the selection of a successor, if any, shall proceed immediately 09600094.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 in the manner provided in Section 12 or 12.1, whichever applies, so that the successor may take office as soon as a vacancy occurs. (c) An authorized reduction in the number of Judges shall be without prejudice to the right of Judges in office at the time to seek retention in accordance with this Section. The reduction shall become effective when a vacancy occurs in the affected unit. SECTION 12.5. JUDICIAL REVIEW COMMISSIONS (a) In the First Judicial District, in each other Judicial District, and in each Judicial Circuit that, by local option referendum, has adopted Sections 12.1 and 12.3 for selection of Circuit Judges for that circuit, a Judicial Review Commission shall be created and empowered to determine qualification for retention of appointed Supreme, Appellate, and Circuit Judges. (b) The members of a Judicial Review Commission shall be appointed in the manner specified in subsection (c) of Section 12.3 for appointment or election of members of a Judicial Nominating Commission. (c) The terms of all members of a Judicial Review Commission shall begin 6 months before the general election in each year in which a general election is held and shall expire on the first Monday in November of the same year. Appointments to a Judicial Review Commission may not take place earlier than 45 days before the term is to commence. (d) A vacancy in the membership of a Judicial Review Commission shall be promptly filled as provided in 09600094.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 subsection (c) of Section 12.3 with respect to vacancies on a Judicial Nominating Commission. (e) Judicial Review Commissions shall be governed by subsections (b), (d), (e), (g), and (i) of Section 12.3 with respect to Judicial Nominating Commissions as well as by this Section. (f) A person who has served on a Judicial Review Commission may not serve on a Judicial Review Commission until 8 years have elapsed since the date his or her service on a Judicial Review Commission ended. A person who has served on a Judicial Nominating Commission may not serve on a Judicial Review Commission until 8 years have elapsed since the date his or her service on a Judicial Nominating Commission ended. No person may serve on a Judicial Nominating Commission while serving on a Judicial Review Commission. (g) In each Judicial District and in Circuits governed by this Section, for each Supreme, Appellate, and Circuit Judge who has timely filed a declaration of candidacy for retention in office under Section 12.4, the Secretary of State shall, within 14 days after receipt of the declaration of candidacy, submit the Judge's name to the administrative director of the Illinois courts. Not more than 6 months nor less than 5 months before the general election next preceding the expiration of the term of office of the Judge, the administrative director of the Illinois courts shall notify the chairperson of the appropriate Judicial Review Commission of the Judge's 09600094.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 94th Legislative Day 2/5/2010 candidacy. The chairperson shall then promptly convene the Commission. (h) If, by concurrence of not less than two-thirds of its members, the Commission finds the candidate to be qualified for review by the Commission and qualified to serve another term, the candidate shall be retained in office for a full term commencing on the first Monday in December following the election. Not less than 84 days before the election, the Commission shall prepare and submit to each candidate its finding as to whether the Commission finds or fails to find that candidate qualified for review by the Commission and qualified to serve for another term. Not less than 77 days before the election the Commission shall submit to the Secretary of State a list stating by name: (i) which candidates it has found qualified to serve another term; (ii) which candidates it has failed to find so qualified; and (iii) which candidates have withdrawn their candidacy by written notification to the Commission. (i) Failure of a candidate to be found qualified for retention by a Judicial Review Commission shall be without prejudice to the candidate's right to stand for retention by the electorate at a general election under Section 12.4. SCHEDULE This Constitutional Amendment takes effect upon approval by the electors of this State. There being no further business, the House Perfunctory Session will stand adjourned." 09600094.doc 25