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Illinois House Floor Debate — February 4, 2013

98th General Assembly (2013-2014) · Legislative day 11 · Perfunctory Session
Chamber
House
General Assembly
98th (2013-2014)
Date
February 4, 2013
Legislative day
11
Session
Perfunctory Session
Speaker turns
2
Original
View the source PDF ↗
Bolin

"The House Perfunctory Session will come to order. Introduction and First Reading of Constitutional Amendments. House Joint Resolution Constitutional Amendment #11, offered by Representative Sosnowski. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH 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 5 of Article XIII of the Illinois Constitution as follows: ARTICLE XIII GENERAL PROVISIONS SECTION 5. PENSION AND RETIREMENT RIGHTS (REPEALED) SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been a First Reading of House Joint Resolution Constitutional Amendment #11. House Joint Resolution Constitutional Amendment #12 offered by Representative Sosnowski RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH 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 09800011.doc 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 Section 7 of Article III of the Illinois Constitution as follows: ARTICLE III SUFFRAGE AND ELECTIONS SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS AND MEMBERS OF THE GENERAL ASSEMBLY (a) The recall of any Executive Branch officer named in Section 1 of Article V may be proposed by a petition signed by a number of electors equal in number to at least 10% of the total votes cast for Governor in the preceding gubernatorial election, with at least 100 signatures from each of at least 25 separate counties. In addition, the recall of any member of the General Assembly may be proposed by a petition signed by a number of electors equal in number to at least 10% of the total votes cast for that office in the member's Legislative District or Representative District, as applicable, in the general election in which the member was last elected. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the Executive Branch officer or member of the General Assembly. The affidavit may be filed no sooner than 6 months after the beginning of the officer's or member's term of office. (b) The form of the petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the State Board of Elections shall certify the 09800011.doc 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of (office)?" must be submitted to the electors at a special election called by the State Board of Elections, to occur not more than 100 days after certification of the petition. A recall petition certified by the State Board of Elections may not be withdrawn and another recall petition may not be initiated against the same officer or member during the remainder of his or her current term of office. In the case of an Executive Branch officer, any petition or recall election pending on the date of the next general election at which a candidate for that office is elected is moot. In the case of a member of the General Assembly, any recall petition or recall election pending on the date of the next general election at which a member is elected from that member's Legislative or Representative District is moot. (c) If a petition to recall an Executive Branch officer or member of the General Assembly has been filed with the State Board of Elections, a person eligible to serve in the office with respect to which the recall petition has been filed may propose his or her candidacy by a petition signed by a number of electors equal in number to the requirement for petitions for an established party candidate for the office, signed by petitioning electors not more than 50 days after a recall petition has been filed with the State Board of Elections. The form of a successor election petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided 09800011.doc 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 by law. If the successor election petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition was filed. Names of candidates for nomination to serve as the candidate of an established political party must be submitted to the electors at a special primary election, if necessary, called by the State Board of Elections to be held at the same time as the special election on the question of recall established under subsection (b). Names of candidates for the successor election must be submitted to the electors at a special successor election called by the State Board of Elections, to occur not more than 60 days after the date of the special primary election or on a date established by law. (d) The Executive Branch officer or member of the General Assembly is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote in favor of recall. If the Governor is removed, then (i) an Acting Governor determined under subsection (a) of Section 6 of Article V shall serve until the Governor elected at the special successor election is qualified and (ii) the candidate who receives the highest number of votes in the special successor election is elected Governor for the balance of the term. If an Executive Branch officer other than the Governor is removed, then the Governor shall appoint a successor as provided in Section 7 of Article V to serve until a successor is elected at the special successor election and qualified. If a member of the General Assembly is removed, 09800011.doc 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 then a successor shall be appointed as provided in Section 2 of Article IV to serve until a successor is elected at the special successor election and qualified. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been a First Reading of House Joint Resolution Constitutional Amendment #12 First Reading of House Joint Resolution Constitutional Amendment #13 offered by Representative Fortner RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH 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 IV of the Illinois Constitution by changing Sections 2 and 3 as follows: ARTICLE IV THE LEGISLATURE SECTION 2. LEGISLATIVE COMPOSITION (a) One Senator shall be elected from each Legislative District. Immediately following each decennial redistricting, the Senate, by resolution, shall divide the Legislative Districts as equally as possible into three groups. Senators from one group shall be elected for terms of four years, four years and two years; Senators from the second group, for terms of four years, two years and four 09800011.doc 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 years; and Senators from the third group, for terms of two years, four years and four years. The Legislative Districts in each group shall be distributed substantially equally over the State. (b) In 2022 and every two years thereafter one Representative shall be elected from each Representative District for a term of two 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 office with more than twenty-eight months remaining in the term, the appointed Senator shall serve until the next general election, at which time a Senator shall be elected to serve for the remainder of the term. If the vacancy is in a Representative office or in any other Senatorial 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. 09800011.doc 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 (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 3. LEGISLATIVE REDISTRICTING (a) Legislative Districts shall be compact, be contiguous, be substantially equal in population, reflect minority voting strengths, promote competition, and consider political boundaries. Representative Districts shall be compact, be contiguous, be substantially equal in population, reflect minority voting strengths, promote competition, and consider political boundaries. A Representative District need not be entirely within a single Legislative District. The General Assembly shall establish by law a method to determine a score for any map for Legislative or Representative districts. (b) A Legislative Redistricting Commission shall be constituted by March 1 of the year following each Federal decennial census year. The Commission shall consist of eight members, no more than four of whom shall be members of the same political party. The Speaker and Minority Leader of the House of Representatives shall each appoint to persons the Commission. The President and Minority Leader of the Senate shall each appoint two persons to the 09800011.doc 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 Commission. The members shall be certified to the Secretary of State by the appointing authorities. A vacancy on the Commission shall be filled within five days by the authority that made the original appointment. A Chairman and Vice Chairman shall be chosen by a majority of all members of the Commission. The Commission shall provide to the public data and tools to create Legislative and Representative districts not later than April 7. The Commission shall accept maps for the redistricting of Legislative and Representative districts through May 7. The Commission shall evaluate all submitted maps according to criteria set forth in subsection (a) as implemented by law and assign each map a score. The Commission shall eliminate maps by a majority vote of the members appointed that fail to meet federal and State law and shall eliminate maps that are substantially the same as other maps of equal or better score. Not later than May 22 the Commission shall give to the Senate the maps for Legislative Districts with the best three scores. Not later than May 22 the Commission shall give to the House of Representatives the maps for Representative Districts with the best three scores. (c)The Senate by a record vote of three-fifths of the members elected may adopt a redistricting resolution from the three maps for Legislative Districts submitted by the Commission. If the Senate has failed to file a redistricting resolution with the Secretary of State by June 30, the Secretary of State shall certify the redistricting map for Legislative Districts that received the best score from the Commission. 09800011.doc 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 The House by a record vote of three-fifths of the members elected may adopt a redistricting resolution from the three maps for Representative Districts submitted by the Commission. If the House has failed to file a redistricting resolution with the Secretary of State by June 30, the Secretary of State shall certify the redistricting map for Representative Districts that received the best score from the Commission. (d) A redistricting resolution or redistricting map filed with the Secretary of State shall be presumed valid, shall have the force and effect of law and shall be published promptly by the Secretary of State. The Supreme Court shall have original and exclusive jurisdiction over actions concerning redistricting the House and Senate, which shall be initiated in the name of the People of the State by the Attorney General. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to redistricting beginning in 2021 and to the election of General Assembly members beginning in 2022. This has been the First Reading of House Joint Resolution Constitutional Amendment #13. Introduction and First Reading of House Bills. House Bill 1249, offered by Representative Ford, a Bill for an Act concerning State government. House Bill 1250, offered by Representative Ford, a Bill for an Act concerning criminal law. House Bill 1251, offered by Representative Lang, a Bill for an Act concerning public 09800011.doc 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 employee benefits. House Bill 1252, offered by Representative Lang, a Bill for an Act concerning public employee benefits. House Bill 1253, offered by Representative Gabel, a Bill for an Act concerning criminal law. House Bill 1254, offered by Representative Feigenholtz, a Bill for an Act concerning public aid. House Bill 1255, offered by Representative Gordon-Booth, a Bill for an Act concerning business. House Bill 1256, offered by Representative Gordon-Booth, a Bill for an Act concerning transportation. House Bill 1257, offered by Representative Sosnowski, a Bill for an Act concerning regulation. House Bill 1258, offered by Representative Sosnowski, a Bill for an Act concerning local government. House Bill 1259, offered by Representative Fortner, a Bill for an Act concerning public employee benefits. House Bill 1260, offered by Representative Sosnowski, a Bill for an Act concerning notices. House Bill 1261, offered by Representative Sosnowski, a Bill for an Act concerning public employee benefits. House Bill 1262, offered by Representative Sosnowski, a Bill for an Act concerning criminal law. House Bill 1263, offered by Representative Sosnowski, a Bill for an Act concerning criminal law. House Bill 1264, offered by Representative Sosnowski, a Bill for an Act concerning education. House Bill 1265, offered by Representative Sosnowski, a Bill for an Act concerning civil law. House Bill 1266, offered by Representative Sosnowski, a Bill for an Act concerning public employee benefits. House Bill 1267, offered by Representative Sosnowski, a Bill for an Act concerning sex offenders. 09800011.doc 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/4/2013 House Bill 1268, offered by Representative Fortner, a Bill for an Act concerning education. House Bill 1269, offered by Representative Fortner, a Bill for an Act concerning elections. House Bill 1270, offered by Representative Fortner, a Bill for an Act concerning elections. House Bill 1271, offered by Representative Thapedi, a Bill for an Act concerning public employee benefits. House Bill 1272, offered by Representative Yingling, a Bill for an Act concerning government. First Reading of these House Bills.

Hollman

Clerk Hollman: "Perfunctory session will come to order. Committee Reports Representative Daniel Burke, Chairperson from the Committee on Executive reports the following committee action taken on February 04, 2013 Do Pass Short Debate House Bill 156, Do Pass as Amended Short Debate is House Bill 190, House Bill 193. Second Reading of House Bills. House Bill 156, offered by Representative Currie, a Bill for an Act concerning State government. House Bill 190, offered by Speaker Madigan, a Bill for an Act making appropriations. House Bill 193, offered by Representative Madigan, a Bill for an Act concerning regulation. Second Reading of these House Bills, they will remain on the order of Second Reading. Committee Reports: Representative Barbara Flynn Currie chairperson for the Committee on Rules reports the following action taken on February 4, 2013 Recommends Be Adopted and referred to the floor is Floor Amendment #2 to House Bill 190. There being no further business, the House Perfunctory Session will stand adjourned." 09800011.doc 11