Illinois House Floor Debate — February 28, 1996

"The House will be in Order. The Members will be in their Chair. Representative Ryder is in the Chair. The Chaplain for the day is Reverend Mike Grimshaw of The First Church of the Nazarene in Bloomington. Reverend Grimshaw is the guest of Representative Bill Brady. Guests in the Gallery may wish to rise for the invocation. Pastor."

"Let us pray... On these, the leaders that have been elected to represent us all. We pray for wisdom. We pray for guidance. We pray for direction. We pray for the unity that Your spirit can bring, and we're asking it all in Thy precious name. Amen."

"We will be led in the Pledge of Allegiance today by Representative Cal Skinner."

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

"Roll Call for attendance. Representative Currie, you're recognized for the purpose of reporting any excused absences on your side."

"Thank you, Speaker. Please let the record show that Representative Laurino is excused because of illness."

"The record will so reflect. The Chair recognizes Representative Wennlund for the same purpose."

"Thank you, Mr. Speaker. Pleased to report that all Republicans are here today."

"Thank you, Representative, and with leave of the House the Journal will so indicate. Mr. Clerk, take the Record. There are 116 members answering the roll and a quorum is present. The House will come to order. Committee Reports, Mr. Clerk."

"Committee Reports. Committee Reports from 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 Representative Stephens, Chairman from the Committee on Executive, to which the following Bills and Resolutions were referred, action taken on February 28, 1996, reported the same back with the following recommendation/s: 'do pass' House Joint Resolution Constitutional Amendment #32. Committee Report from Representative Krause, Chairman from the Committee on Health Care and Human Services, to which the following Bills and Resolutions were referred, action taken on February 28, 1996, reported the same back with the following recommendation/s: 'do pass' House Bill 3177, 'do pass short debate House Bills 2617, and 2800."

"Announcements from the Clerk." "Those Members interested in additional computer training, we have sign up sheets here in the Well. Again, those members interested in additional computer training we have sign up sheets in the Well with dates and time, thank you."

"Representative Black, for what purpose do you seek recognition?"

"Yes, thank you very much, Mr. Speaker. I'd like the record to reflect that the reason I'm late, is I spend a goodly portion of my day waiting for the only elevator that goes from the third to the sixth floor. And anything you can do to enhance our elevator capabilities would be greatly appreciated. Thank you, Mr. Speaker."

"I'll see if I can do anything to lift up that proposal. The Chair recognizes the Gentleman from Cook, Representative Schoenberg. For what purpose do you rise, Sir?"

"Thank you, Mr. Speaker. I rise on a point of personal privilege as Representative Currie indicated yesterday, I was delayed en route to the House due to 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 inclement weather. I'd like the record to reflect that had I been in attendance, that I would have naturally supported and voted in the affirmative for Senate Bill 19. And if Mr. Black would take the stairs with me, he wouldn't have these problems. Thank you."

"The record will so reflect. The Chair recognizes the Gentleman from Clinton, Representative Granberg. For what purpose do you rise, Sir?"

"On a point of personal privilege, Mr. Speaker, thank you. My good friend, Representative Black, indicated that he's has to walk from the third floor to the sixth. Surely, from what I understand, he's going to be elected Speaker, so he won't have to worry about that. I know he's been coming over to this side of the aisle seeking votes, so you shouldn't have too much longer to wait. Thank you."

"The Chair would like to draw the attention of the Members to the visitors that we have in the Gallery. We are honored today to have the sixth grade class from Williamsville Junior High. The students...the students and their sponsor Vernast Stallone are the guests of Representative Raymond Poe. We'll now move to the order of House Bill Second Reading. And on that order House Bill 2649. Representative. Please read the Bill, Mr. Clerk."

"House Bill #2649. The Bill for an act that amends the Communicable Disease Report Act. Second Reading of this House Bill. Amendment #1 was adopted in Committee. Floor Amendment #2 has been referred to Rules. A Fiscal Note, Correctional Budget Impact Note, Traditional Note and Home Rule note have been requested on the Bill and have been filed on the Bill as amended by Amendment #1."

"Thank you, Mr. Clerk. The Bill shall remain on Second Reading. We'll now move to House Bill 2665. 3  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 Representative Lawfer. Mr. Clerk, read the Bill."

"House Bill #2665 has been read a second time, previously. Floor Amendment #1 has been approved for consideration. Offered by Representative Lawfer."

"Representative Lawfer on Floor Amendment #1 to House Bill 2665, Sir."

"House Bill...or Amendment #1 to 2665 is a result of a compromise that was made on that Bill and I would ask for a favorable consideration."

"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Lang."

"Thank you, will the Sponsor yield?"

"The Sponsor indicates that he will."

"Thank you, Representative, it's all well and good to tell us that your amendment is the result of a compromise, but who compromised with who and what does the amendment do?"

"Representative Lawfer."

"The original Bill which was a result of almost a year-long hearings on this bill related to increase of fees for bulk tanks used in dairy farming, as well as pasteurizer certification registration fees. What this Bill does from the original Bill, removes the permit fees which were annual to a one time fee. A one time $25.00 permit as long as that tank remains in operation and meets inspections."

"Representative Lang. Do you wish to milk this issue for any further information?"

"Yes, Sir, that's very funny. I don't know who was paying attention, but that was...."

"Perhaps only you and I, so you may proceed."

"Yes, that's very funny. I don't know who was paying attention, but that was..." 4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996

"Perhaps only you and I. Proceed."

"Well, so fine. So Representative, I'm looking at the Fiscal Note, by the way is this an official legal Fiscal Note? Is this a good Fiscal Note?"

"Please proceed."

"It talks about a cost of about $32 thousand, if my addition is correct. Will the fees generated by your Bill be enough to a pay this $32 thousand?"

"Representative Lawfer."

"I asked a question on where you come up with the figure $32 thousand? According to my Fiscal Note, and the way I read it the cost and the benefits...the money generated from the permits about offsets the cost of enforcement on this. A lot of this work, of course, is already being done. As far as the inspection of tanks is already being performed."

"Representative Lang."

"Thank you. I'm looking at the Fiscal Note prepared for Floor Amendment #1, and it says, 'For the first fiscal year of the program, expenditures are to be $12,800, permits are to be $10 thousand, for pasteurizers sealers certification $5 thousand. If I'm adding this up right it adds up to over $30 thousand. How much will you get from the permit fees that you have included in House Bill 2665?"

"Representative Lawfer."

"Very good question, Representative Lang. However, I think what you need to do is show that the tank permits at $25 for 400 trucks. $10 thousand is coming into the department, is not an expenditure. The same way with the pasteurizer sealer certification, 50 sealers at $100 per individual, $5000. Those are fees that will be received by the Department of Public Health." 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 99th Legislative Day

"Representative Lang. Any further?"

"Yeah, SO I see that I read this wrong. The permits the $10 thousand for 400 trucks, at $25 a truck, and the 50 sealers, at $100 an individual. That $5000, that's money coming in? Is that correct?"

"Representative Lang. Representative Lawfer."

"Representative Lang, you are correct."

"Representative Lang."

"Well, if that's the case we have a $2800 short-fall. Who's going to make that up?"

"Representative Lawfer."

"Already the tanks are already being inspected. So those current, some of those current expenditures are already being paid for out of General Revenue."

"Representative Lang."

"How much are we currently paying out of General Revenue?"

"Representative Lawfer."

"Some of this is hard to determine to the exact dollars and cents, because some of these inspectors do other things while they are currently inspecting the tanks. But this is probably the best estimate that the Department of Public Health can come up with. They are already spending about $12,000 on this currently."

"Representative Lang."

"I'm sorry, just give me that number again. I missed the number. What are we paying now out of General Revenue. I know you don't have an exact number. I'll accept an estimate  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day

"Representative Lang, 15 seconds." February 28, 1996

"Well, just in concluding, as you know I sat on the Agriculture Committee with you Sir, and I supported your Bill in Committee and I think you have a very fine Amendment here. Thank you very much."

"Mr. Clerk for an announcement concerning Supplemental Calender #1."

"Supplemental Calender #1 is being distributed."

"Thank you. The Chair recognizes the Gentleman from Washington, Representative Deering."

"Thank you, Mr. Speaker, will the Sponsor yield?"

"He indicates that he will."

"Representative with your Amendment, I believe as you said in your testimony, that this is a onetime fee?"

"Representative Lawfer."

"This is a onetime fee as long as that tank continues to meet inspections. If that tank would not meet inspections, would be put out of service and a permit would be required to put it back into service? Also if that tank was transferred from one owner to another then also that permit fee would be required. Otherwise there it is a lifetime permit."

"Representative Deering."

"And I guess and you can just shake your head on this question. I guess if I purchase a new chassis and transfer the tank from the existing chassis to the new chassis then I have to reapply and get a new permit because of transfer, is that right? Don't have to do that? That permit is still good as long as that tank is in service? Okay, will the inspections still be on an annual basis?"

"Representative Lawfer."

"The inspections that have currently been enacted will 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 . 99th Legislative Day continue as scheduled. Yes."  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996- concerning the symptoms and the treatment of sarcoidosis, and also address the Sarcoidosis Research Center. Sarcoidosis is a disease that little is known about, but unfortunately, a lot of people have it and they are misdiagnosed. And if more information was made available to the public, as well as made available to the medical community, fortunately a lot more people would be able to not be cured of the disease but be treated properly for the disease, and I would be more than happy to answer any questions you may have in regards to this Bill."

"Is there any discussion? The Chair recognizes the Lady from Cook, Representative Krause."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"She indicates that she will. Representative Krause."

"Thank you. Representative Flowers, just one question on the Legislation. I know that the Legislation in health care was supported and I join you in support. But could you merely review for me exactly what Public Health has agreed to do in relationship to this matter?"

"Representative Flowers."

"I'll be more than happy to. Public Health has agreed to #1 put it on the Internet, %32% in cooperation with existing pamphlets that they have already. Public Health has agreed to incorporate this into existing information that they have. And also the Medical Society has also agreed to put it in it's publication."

"Representative Krause, any further questions? The Chair recognizes the Lady from Cook, Representative Schakowsky."

"Thank you, Mr. Speaker. I just want to point out that I was in Committee when this Bill was throughly 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 discussed. Initially, I know that the Department had some concerns about the cost which had been completely addressed and now the Department, at no additional cost to the state, is going to be able to inform consumers about a disease that is both widespread and little understood. In fact, to be frank, I had never really heard of sarcoidosis before. it was brought to Committee. And now my understanding is that there are many, many people in the State of Illinois, who suffer from this and who are continually misdiagnosed. It seems to me that this is a win, win, win situation that if there is no cost to the state, consumers can be informed and suffers of sarcoidosis can be helped. So, I would urge everyone to vote for this excellent bill."

"Is there any further discussion? Seeing none, the Chair recognizes the Lady from Cook, Representative Flowers to close."

"Mr. Speaker, I would just urge a 'yes' vote on this Bill. Thank you."

"Thank you. You've heard the Lady. The question is shall House Bill 2564 pass? All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 115 voting 'yes', 0 voting 'no' and 0 voting 'present', and this Bill having received a Constitutional Majority, is hereby declared passed. Next Bill on the order of House Bills, Third Reading is House Bill 2631. Please read the bill,

Mr. Clerk. Clerk McLennand: "House Bill #2631. A Bill for an Act that amends the Charitable Trust Act. Third Reading of this House Bill." 10  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996

"The Chair recognizes the Lady from Kane, Representative Lindner."

"Thank you, Mr. Speaker. House Bill 2631 has to do with termination of small trusts. And it allows for banks, when a trust has become too small or whether there are changed circumstances to transfer this trust with the approval of the Attorney General, either to the charitable organization, if they have an endowment, or to a community foundation, to distribute as the foundation sees fit in the community. I know of no opposition to this Bill."

"Is there any discussion? Seeing none, you've heard the Lady's Motion. The question is, 'Shall House Bill 2631 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 112 voting 'aye', 0 voting 'negative' and 0 voting 'present' and this Bill having received a Constitutional Majority, is hereby declared passed. Continue on the order of House Bills, Third Reading, we move to House Bill 2703. Mr. Clerk, read House Bill 2703."

"House Bill 2703. A Bill for an Act in relation to taxes, Third Reading of this House Bill."

"The Chair recognizes the Gentleman from Jefferson, Representative Jones." Jones, J.: "Thank you, Mr. Speaker and Members of the House. House Bill 2703 amends the Use Tax Act, Service Use Tax Act, the Service Occupational Tax Act and the Retailers Occupational Tax Act. Deletes the provisions requiring oil field exploration, drilling, and production equipment to be valued at $250 or more to qualify for an exemption as 11  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 tangible personal property. What we're doing here is simply, back in about 1985 we passed a Bill here in the Illinois General Assembly to delete those taxes for $250 or above. What we're doing is deleting it from the first dollar up to the $250."

"You've heard the Gentleman's motion. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Dart."

"Thank you. Will the Sponsor yield?"

"He indicates that he will yield to your questions, Sir."

"Representative, can you give me the list of the things that you are going to be exempting from the act?"

"Representative Jones." Jones, J.: "Yes, Representative. Rigs and parts of rigs, rotary rigs, cable tool rigs, work over rigs, pipe and tubular goods, including casing and drilling strings, pump jacks and pumping units, storage tanks and flow lines, any individual replacement part for oil field exploration, drilling and production equipment, and the machinery and equipment purchased for lease, excluding motor vehicles required to be registered under the Illinois Vehicle Code."

"Representative Dart."

"Thank you. Representative, now is this a Bill that we've had before? Because I know that we had one with the coal industry that we've exempted recently, that had in the past been introduced and had been opposed by the Department of Revenue. Is this the same scenario here?"

"Representative Jones." Jones, J.: "Representative Bost introduced a Bill last week for the coal that's very similar to this."

"Representative Dart." 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day

February 28, 1996 "Representative, maybe I should clarify. My question is, this Bill has been introduced in prior years by other Representatives, who were from a different party, being the Democratic Party. The Department of Revenue opposed that Bill when it was sponsored by Democrats. Could you explain to me how this Bill has changed so dramatically, now that the Department of Revenue is now a proponent or neutral on this Bill, as to opposed to being opposed to it?"

"Representative Jones." Jones, J.: "Representative, there has been Bills, I guess in the past, that's similar. This Bill eliminates the threshold on farm equipment, on oil, I mean. We've passed similar laws that eliminates the thresholds on farming equipment and the like."

"Representative Dart."

"Thank you, Representative. I understand that and I understand what the Bill does. My question to you, though, involves the fact that I'm trying to figure out, was there something in the way you lobbied them or was it in your artful way of persuasion, that you got the Department of Revenue to change from opposing this Bill, which historically they did, to be neutral on this Bill. I'm trying to figure out what has changed because the substance of the Bill didn't change at all, the words are the same. Now, all of a sudden they have change their position, and I'm wondering if you could articulate to the Body what it is that made them do this?"

"Would the good Sponsor of this Bill like to answer the question? Representative Jones." Jones, J.: "First off, the Department of Revenue does not have a record of a Bill similar to this being introduced in the past but let me expand, Representative Dart, on what I have 13  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 done. In the last, since the early '80's in the old industry in the State of Illinois, and especially down in the Southern part of the district or Southern part of the state. We've lost a minimum of 4000 jobs but we have a lot of estimates that we've lost as many as 10,000 to 12,000 jobs in the last 10 to 12 years. And in my lobbying with Revenue and other agencies in this state has been that, you know, we'll more than offset the cost of this with new exploration and jobs."

"Representative Dart, you're under a minute, Sir."

"Thank you. Well, Representative, it's been experience from sitting on the Revenue Committee the last three years that they've opposed all exemptions, period. Why is it that they don't oppose this one? Is there a special reason they've given you as why they don't oppose this one?"

"Representative Jones." Jones, J.: "This specific Bill has never been introduced before, but you know I think I will expand again the importance of creating new jobs in the State of Illinois and especially in the southern part of the state, where we're losing jobs by the literally 100's every day in the oil and the coal industry."

"Representative Dart."

"My last question is, Representative, that wasn't my question. My question is, though, the Department of Revenue opposes tax exemptions. This is a tax exemption, why don't they oppose it?"

"Representative Jones." Jones, J.: "I guess, Representative, really you'll have to ask the Department on that."

"The Chair recognize the Gentleman from Vermilion, Representative Black." 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day

"Thank you very much, Mr. Speaker. yield?"

"He indicates that he will. Black." February 28, 1996 Will the Sponsor

Representative Black: "Representative Jones, might we surmise that the Department doesn't oppose this for the simple reason that the Bill makes imminent good sense?"

"Representative Jones." Jones, J.: "I think you hit it right on the nail there, Representative Black."

"Representative Black."

"Let's follow up on that for a second, maybe have a question or two. How many oil wells are there in Cook County in the State of Illinois?"

"Representative Jones." Jones, J.: "Zero to my knowledge."

"Representative Black."

"I wonder how much oil is consumed in Cook County?"

"Representative Jones." Jones, J.: "Well, I would guess more there than probably anywhere else in the State of Illinois."

"Representative Black."

"And you know after Desert Storm and several other historical references that we could make. The oil embargo of the early 70's; this concern has been around more than 20 years. Are we still importing the bulk of our oil? We being the United States."

"Representative Jones." Jones, J: "Yes, we are, Representative Black. We import more oil today than we ever have the in history."

"Representative Black."

"I think it's safe to assume that many of us in this 15  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 Chamber, unless we've been down to the southern part of the state and over in Macon County and others, probably a lot of us don't even know that we have a domestic oil industry in the State of Illinois. Would that be a safe assumption?"

"Representative Jones." Jones, J.: "That would be a very safe assumption."

"Representative Black."

"Thank you very much, Representative, for enlightening me as to the background of the Bill and Mr. Speaker and Ladies and Gentlemen of the House, to the Bill. This Bill will have a negative impact on sales tax revenue of approximately $1 million in total. I would submit to you that, that is a very small price to pay if we could enhance the profitability of the Illinois Oil Industry in this state. It is a shadow of what it used to be. For a number of reasons but certainly cost is among one of the most prevalent. We used to employ several thousand people in the domestic oil industry in Illinois. We've certainly have lost a number of those jobs. I would simply say to all of that this Bill does need a great deal of scrutiny or concern in that it's designed to enhance the production of oil that does exist and has existed in the State of Illinois. And anything we could do to lessen our reliance on imported oil, I think is worth what we might loose in this case in sales tax revenue. So for that reason, and I don't particularly want to see any more Desert Storms or oil embargoes, I think it's incumbent upon the Illinois General Assembly to do all that it can do to enhance the viability of the Illinois Oil Industry. I would hope that you would join with Representative Jones and cast an 'aye' vote on this Bill." 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996

"Thank you. The Chair recognizes Co-Sponsor from the County of Washington, Representative Deering."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates that he will."

"Representative, you stated that we've got 4000, I think fewer jobs in the oil industry today in this state than we did, previously. I see here in the analysis in the Fiscal Note; the Department of Revenue states that, 'We'll lose $1 million dollars on the state level, $200 thousand dollars locally.' Is that with today's figures of working companies or will the impact be considerably less because we have lost some jobs in the oil fields?"

"Representative Jones." Jones, J.: "That's based, Representative Deering, on the, at the present time on the work force."

"Representative Deering."

"I noticed this is the same figure that the Department of Revenue used on the exemption for the coal industry; that we worked on here a week or so ago. And I just wondered if revenue was grasping at straws on these figures or if they really had up to date numbers. But, nevertheless, why is the Municipal League opposed to this Bill?"

"Representative Jones." Jones, J.: "Actually, the Illinois Oil and Gas Association had a lower figure than the Department of Revenue. But I think whenever you look at the Coal Bill that...that, I think you was a Sponsor on that Bill also that Representative Bost carried. We're losing more coal mines right now than anything in the State of Illinois. We have an abundance of coal in this state. But I think the thing about it is we have a higher unemployment rate in the coal and oil 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 industry both than any other industry in the State of Illinois. And this is just trying to enhance them to explore for new oil and maybe put a few more dollars in their pocket. I think in the long run that what the Department of Revenue is probably looking at, being neutral on this is that we will gain what we're losing in the long run and I think you'll see that in the next few months, really."

"Representative Deering."

"Yeah, Representative, I agree with your analogy there. Where I'm coming from, I'm saying that maybe these numbers are skewed because the same number was use by the Department on the Coal Bill. I don't think the impact is going to be that great, so I think that this is good for the industry and it's something that we do need to accomplish. My next question. Why is the Municipal League opposed to this?"

"Representative Jones." Jones, J.: "It would reduce their local governments' share of revenue, and I think that's why they're opposed to it. Hopefully we will do as I said earlier. We'll increase the revenue in the long run and they'll...it really won't cost them any money in the long run."

"Representative Deering."

"Thank you, Representative. I have nothing further."

"The Chair recognizes the Gentleman from Effingham, Representative Hartke."

"Thank you very much, Mr. Speaker. Will the Sponsor yield?"

"He indicates that he will. Please proceed."

"Representative Jones, I'm curious. I know that with farm equipment and I failed to get a question to 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 Representative Bost last week. Does this apply to used equipment as well as new?"

"Representative Jones." Jones, J.: "Yes, it does, Representative Hartke."

"Representative Hartke."

"Well, thank you. Cause I know that in the oil fields of southeastern Illinois, where I'm from there are many rigs sitting around that are not being used and so forth. I don't know what they cost, but I'm sure a pretty dollar. I'm hoping that this piece of Legislation, although it will cost the State of Illinois a million dollars and locals some $200 thousand. That this will enhance the oil industry in Illinois. I just, I don't know whether this will avoid another Desert Storm or anything like that, as I indicated earlier, but let's hope it does. And I stand in support of the Legislation."

"Thank you. The Chair wishes to recognize former State Representative Robert Terzich, who is with us today. Representative Terzich, we welcome you. Thank you. To drill deeper into this subject the Chair recognizes the Gentleman from Saline, Representative Phelps."

"Thank you, Mr. Speaker. I rise simply in support of the Bill. I will not bother the Sponsor with questions for repetitive purposes. But I do think it's very important for this Body as a matter of record to know, as I commented last week on a similar legislation concerning coal equipment, thank you, Representative Bost had. This is very important and that's why I'm very positive about trying to help the oil industry, as well as the coal industry. I think it's very important to note that just three years ago I came before the Revenue Committee, and those people making speeches in support of how well oil 19  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 fields and coal is for the southern Illinois. There's another industry that I tried to help, called the Fluorspar Industry. The only Fluorspar Mine in the nation was in Hardin County. But at the end of January it closed because we could not compete with Mexico and China. I asked the Revenue Committee and Members of this Body to help me exempt the equipment that they were faced with...sales tax and equipment. Around $6 thousand worth. And you know what the response was? We must be consistent as a Body. We must reject all of these requests. All of these requests for exemptions, whether your industry ailing or pronounced dead. Which it is today in the Fluorspar. This may not cause it totally, but I'll guarantee you, it is one of the factors. But now, all of the sudden it's okay. And you know what I say it's okay as I tried to then, but what a sham."

"Any further discussion? Seeing none, the Chair calls upon the Representative Jones, to close." Jones, J.: "Thank you, Mr. Speaker. I simply want to close by just saying, you know, this Bill is supported by the Illinois Oil and Gas Association, The Illinois Petroleum Council and Lieutenant Governor. I think it's good for industry, in referring to Representative Phelps about his mine that just closed in January, I'd be more than happy to work with him at a later time in addressing those issues. I know we've all lost a tremendous amount of jobs in the coal and oil industry. I think this will help the oil industry and I would just ask for a favorable vote. Thank you, Mr. Speaker."

"Thank you. You heard the Gentleman. The question is, 'Shall House Bill 2703 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting 20  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996. is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 109 voting 'aye'; 0 voting 'nay' and 6 voting 'present' and this Bill having received a Constitutional Majority, is hereby declared passed. Continuing on the Order of Third Reading, House Bills. Mr. Clerk, please read House Bill 2720."

"House Bill 2720. A Bill for an Act amending the Unified Code of Corrections. Third Reading of this House Bill."

"The Chair recognizes the Sponsor. The Gentleman from Cook, Representative Frias. Representative."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd like to introduce House Bill 2720, which permits the Department of Corrections to install an electrified security fence system at any medium, maximum or super maximum security institution. Be happy to answer any questions."

"You heard the Gentleman's Motion. Is there any discussion? The Chair recognizes the Gentleman from Livingston, Representative Rutherford. For what purpose do you rise?"

"The purpose of a question of the Sponsor, if he would yield?"

"The Sponsor indicates that he would yield to questions."

"Thank you. Representative, I've worked very closely with your brother on this. I commend you for bringing this legislation forward, but a couple of questions. First of all, this is permissive. It is not mandatory for the Department of Corrections. And the second question is 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 about the funding for this. Do you anticipate any cost or what the cost would be?"

"Representative Frias."

"Thank you. Representative, it is permissive and there's no cost.”

"Representative Rutherford."

"I...if we could back up just a bit, I'm not sure that...let's just say that if the Department was to electrify the fences, what would anticipated cost be for that?"

"Representative Frias."

"I have no idea, but the Department will not incur any expenses for the current facilities. The electric fence would be built around new prisons and therefore it's actually a cost-saving measure. It would save on construction cost at about $300. thousand per tower along with the $130 thousand a year that it takes to staff the towers."

"Representative Rutherford."

"Thank you, Representative. To the Bill. As you know, I represent two maximum security penitentiaries in the state: Dwight, female, and Pontiac, male, maximum security penitentiary. You know, last year I sponsored the bonding authority and part of the reason we needed to pass that bonding authority was because of what's going on in our correctional facilities. Today we cannot put the razor wire around some of our penitentiaries because we haven't passed the bonding authority. Today we do not have the funds to finish building our super maximum security penitentiary because we have not passed the bonding authority. Today we can not finish the Sally Port at the Pontiac Penitentiary because we have not passed the bonding 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 authority. Today we can not build the Alzheimer's Unit at the Veterans Manteno at the bonding authority. What we're looking to do here is allow the Department of Corrections to electrify the fences around our penitentiaries. I'm all for it. I support you, Representative. In fact, I'll plug it in when they bring it to Pontiac. But I'm calling on you on that side of the aisle, that when we bring the bonding authority back to bring the brick and mortar we need for our penitentiaries that you'll put those votes on there. Give us a 3/5. Pass it. Representative Frias, I stand in support of you Legislation. I look to have you help me bring the other tools we need for Corrections."

"The Chair recognizes the Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. Will the sponsor yield?"

"The Gentleman indicates that he will."

"Thank you. Representative, how many volts are going to be on this fence?"

"Representative Frias."

"That would be subject to the Department. The Department would make that determination, Representative."

"Representative Black."

"If an inmate brushes up against the fence is that going to be deadly force?"

"Representative Frias."

"That would be up to the Department's rules and regulations."

"Representative Black."

"Well I...it seems to me, what am I not understanding here? It looks to me like you're trying to duplicate something we already do. We have a death sentence carried 23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 out by lethal injection, and now you're trying to electrocute inmates who run up against the fence. Why are you trying to do that?"

"Representative Frias."

"Representative, the fence will be built around future prisons, not around existing prisons."

"Representative Black."

"I'm sorry, Mr. Speaker. I didn't hear that. The fence will be what? Low voltage or high voltage? I didn't catch the answer."

"Please, please tone down the level of noise SO the Gentleman can hear the answer to the question. Representative Frias."

"The fence will be built around new facilities, not existing facilities."

"Representative Black."

"Okay, so in other words, I have a correctional center in my district and it's an outstanding facility. So, in other words, from what you've just told me, my facility then is being discriminated against. I f this turns out to be a really good idea, because we're already a facility, then we can't have an electric fence. Why is that?"

"Representative Frias." "Representative, could you repeat the question please, I Frias: couldn't hear it?"

"Representative Black."

"I didn't hear the response."

"The Gentlemen have indicated that they cannot hear either the question or the answer. Please move the conversations to the rear of the Chamber. Please reduce the level of noise. This debate is important and I would ask for your cooperation. Representative Black, if you 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28,1996- care to repeat your question."

"Yes, thank you, Mr. Speaker. If I heard the Gentleman correctly, this is only prospective. Electric fences could only be installed on correctional facilities to be built. My question is why, why are we limiting only to prospective centers? Why not those already in existence?"

"Representative Frias. Representative Frias."

"Representative, the facilities that exist now have the necessary watch towers. The fences are not necessary."

"Representative Black."

"Alright. Could you illuminate whether...the correctional officers. The people that I often rely on to give me good advice are the people who work in these institutions. The correctional officers, do they favor this? Have they come to you and said, 'We need this electric fence concept?'"

"Representative Frias."

"AFCME has not taken any opposition to this Bill."

"Representative Black, you have 30 seconds, Sir."

"They've not taken any opposition but are they in favor of the Bill?"

"Representative Frias."

"They have no position, Representative Black."

"Representative Black."

"Yes, Mr. Speaker, could I have a minute to close on the Bill since we had so much noise here? If you could grant me an additional minute?"

"Please bring your remarks to a close."

"Well, to the Bill. I think the Gentleman has probably some good ideas here but I have some concerns that I think many of you should have. What happens to our innocent animal friends? Squirrels and birds? Flowers and fauna who will come into contact with this fence? We could kill 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 99th Legislative Day thousands, if not millions of rabbits and pheasants and squirrels and birds. I have in my district ratites. Ratites might come up against this fence. Good Lord, we might kill ratites. And we just passed a law not long ago, a week ago as I recall, protecting police dogs. What if a police dog runs into this fence and is killed? As I recall, we made that a felony. Oh, my friends, we'd best be careful here. I'm not sure whether this is going to keep somebody in or keep somebody out. I'm throughly confused, So what is new? But I would tell you this, you will pay, Representative, if any of the ratites in my district are electrocuted by this fence. We will hold you personally responsible. And I dare say the Audubon Society will join with me. God forbid we kill any birds. I think we better make sure what we're doing here. I don't know if this is a good idea and furthermore he didn't tell me who was going to pay the electric bill. I've got some real concerns about this Bill."

"Would the Gentleman from Clinton, Representative Granberg, care to follow that?"

"Thank you, Mr. Speaker. It's always a pleasure to follow my friend from Danville. So I would just like to address a few points that Representative Black made and I rise in support of the Bill. It's a great piece of legislation. Representative Frias has done an outstanding job with this, putting this together. And Representative Black is concerned about the number of squirrels that might be killed. I would just say to my friend, I think we have plenty in this Chamber. There will be plenty left. There should not be a problem. So I think he's unduly concerned by that. So we are in support of it. Representative Frias, Representative Rutherford have worked together on 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 99th Legislative Day this. It's going to help our correctional institutions. It's going to help our juvenile system, justice system. This is a good Bill. But I would also like to address one point, briefly, and that is yes, we should be doing these things for corrections. But I would also ask my friends on that side of the aisle why we continue to borrow money? Everybody talks about the bond, but we should not borrow any money, any more money. Last week McCormick Place tried to issue bonds. They were rated triple B-. The lowest possible rating in the country. Triple B-. And that side of the aisle would like to borrow more money. Well that's fine. We on this side say let's pay or bills. Let's get our Fiscal House in order. And it's time to say enough, this is it. Let's pay our bills. Let's do it and quit borrowing money as the Majority Party would like to do."

"The Chair recognizes the Gentleman from Will, Representative Wennlund."

"Thank you, Mr. Speaker. Since I'm on the fence on this issue, I Move the previous question."

"You've heard the Gentleman's Motion. All those in favor of moving the previous question say 'aye'; those opposed say 'nay'. The 'ayes' have it and the previous question has been put. The Chair recognizes the Gentleman from Cook, Representative Frias, to close. Representative."

"Thank you. House Bill 2720 is an effective, cost-saving measure, and I urge an 'aye' vote."

"You've heard the Gentleman's Motion. The question is, 'Shall House Bill 2720 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. 27  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 Clerk take the record. On this question there are 112 voting 'yes'; 2 voting 'no' and 2 voting 'present.' And this Bill having received a Constitutional Majority, is hereby declared passed. Continuing on the order of House Bills Third Reading. We move to House Bill 2796. Mr. Clerk, read the Bill."

"House Bill 2796. A Bill for an Act amending the Illinois Pension Code. Third reading of this House Bill."

"The Chair recognizes the Gentleman from Macoupin, Representative Hannig."

"Yes, thank you, Mr. Speaker and Members of the House. You know when the financial earthquake of Orange County struck and they found that there was a bankruptcy out there. The ripple effect was nationwide. And out in Washington D.C., the Federal Congress as a result of that catastrophe, are re-examining the relationship between an employee and an employer as far as deferred compensation is concerned. This Bill would require that the Department of Cental Management Services and local governments that have deferred compensation in Illinois that they would comply with the favorable conditions that the Congress might adopt at some point. So this would direct CMS and local governments to give employees the best possible protection for the money that really belongs to them. So that's what this Bill is about. Central Management Services has worked with me on it and I would ask for your favorable vote. And I would be happy to answer any questions."

"You've heard the Gentleman's Motion. Is there any discussion? The Chair recognizes the Lady from Sangamon, Representative Klingler."

"Thank you, Mr. Speaker. I rise in support of this Bill. I have been a participant in the Deferred 28  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 Compensation System for over 10 years and it's a major factor that I'm looking forward in my retirement plans. I would certainly want this Deferred Compensation System be solvent and taken care of for all state employees who participate in it. And I'm glad to support this Bill."

"Thank you. Any further discussion? Seeing none the Chair recognizes the Gentleman from Macoupin, Representative Hannig to close."

"Yes, Thank you, Mr. Speaker, and Members of the House. Again this proposal is something that Central Management Services agrees with. It's an effort to try and protect those state employees and those local employees who have contributed. I know of no opposition to the Bill and I think that it would be a very good gesture and a good law for us to enact at this time. And I would ask for your 'yes' vote."

"You've heard the Gentleman's Motion. The question is, 'Shall House Bill 2796 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open and this is final action? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 113 voting 'yes'; 0 voting 'nay' and 0 voting 'present'. And this Bill having received a Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Vermilion, Representative Black. For what purpose do you rise, Sir? Did you lose your ratite?"

"No. My switch didn't work on the last Bill and I was prepared to ask for a verification of the affirmative, but I'll withdraw that."

"The Chair appreciates your withdrawal. Continue on the order of House Bills, Third Reading. We move to 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 House Bill 2861. Mr. Clerk, please read the Bill."

"House Bill #2861. A Bill for an Act that amends the State Printing Contracts Act. Third Reading of this House Bill."

"The Chair recognizes the Gentleman from Knox, Representative Moffitt." Moffitt: Current "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2861 would look familiar to you. We've passed it before in this Chamber; put a final Amendment on it and when at the end of Session when concurrence that's when it actually it stopped moving. So, it's the same language that's passed here before. law says, that any printing that is contracted out by the State of Illinois has to use soy ink. This simply says, 'Also in House printing, done by our own departments, will include the use of soy ink.' The use of soy ink is important. It helps create a market for soybean products in Illinois. It's better for environment. It promotes jobs here. And it's using a source that's domestic and renewable. So, I would be happy to answer any questions."

"You've heard the Gentleman's motion. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Dart."

"Thank you. Will the Sponsor yield?"

"The Sponsor indicates that he will yield to your Dart: questions, Sir." "Representative, can you explain, why was it you were saying that it was identical to language we've already passed. Why are we having to do it again?" "Representative Moffitt."

"This is identical language in the final form, after we put the Amendments on it. During the Spring Session, a 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996. year ago, the final item that we cleared up CMS wanted a statement in there that we do require that they indicate that soy ink has been used. CMS raised a question that said there might be times when that would not be practical. So they simply wanted the words 'if practical' included. That is in there now and by the time we had all the amendments on and approved and gone to Conference Committee, it was to late during Veto Session. Again it was a very good Bill that there were no opponents to. Different items were put on that we thought were none noncontroversial but in the end became too heavy and stopped it. Not the Bill itself."

"Representative Dart."

"Representative, maybe you can clarify for me. I show there was an Amendment offered by Representative Deering. Regards to: Buy Illinois, Buy U.S.A. in which it encourages, requires the use of Illinois soybeans. It requires the purchasing of all goods must be made in Illinois. Is that Amendment on this Bill? If it isn't, does it not pertain also to what your concept is? Is there a reason why it's not on there?"

"Representative Moffitt."

"An excellent question, Representative. That Amendment, I believe, is in Rules and so you know I think you'd want to talk to the Chair of Rules."

"Representative Dart."

"No further questions."

"No further questions. The Chair recognizes the Gentleman from Kendall, Representative Cross."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor, he will yield to your question."

"Thank you, Mr. Speaker. Two questions. Representative 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 Moffitt is there an item or product known as corn ink and if so, should we be supporting that concept?"

"Representative Moffitt."

"Representative, it never ceases to amaze me, the depth of your questions. I know you're one of the newer Members of the Ag Committee, but you're constantly going in depth on these tough agricultural questions, and I commend you for it. You've really become one of the preeminent Members of the Agricultural Committee and one of the major sources of information. Your question was whether there's corn ink. I did talk to the corn growers because you can use corn oil in ink and I wonder if we should be specifying also that it uses soy oil and corn inks. The corn growers are of the opinion at this time that they would be very happy just to have us promoting the soybean products. Corn oil is used to help soy ink dry faster. So it is put in, but it's to help it dry faster."

"Further questions, Representative Cross."

"One final question, Mr. Speaker, and thank you for those kind comments, Representative. Just for those that aren't familiar with the agricultural community, Representative how many pounds of oil can you get out of a bushel of beans?"

"Representative Moffitt."

"Again, Representative, I don't know where these tough questions are coming from. A bushel of soybeans will produce 11 pounds of oil and of course you already know how many pounds are in a bushel of soybeans, don't you? You already know that so, okay. So the answer to your question, 11 pounds."

"Further questions, Representative Cross? The Chair recognizes the Gentleman from Effingham, 32  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 Representative Hartke. Now is your time to speak, Sir."

"Thank you very much. To the Bill. I don't want to have Mr. Cross misled, that depends on how much meal you want out of a bushel of soybeans as compared to oil. You can get more oil but you'll get less meal, and protein in that meal, if you take more oil out of it. Thank you."

"Thank you, Representative Hartke, for illuminating the subject. Any further discussion? Seeing none, Representative Moffitt to close."

"Thank you very much, Mr. Speaker. As I said, this is good for, it promotes a product in Illinois. It promotes jobs. It's better for the environment and I urge a 'yes' vote."

"You've heard the Gentleman's Motion. The question is, 'Shall House Bill 2861 pass?' All those in favor vote 'aye'; all those opposed vote 'nay.' The voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 117 voting 'yes'; 0 voting 'nay' and 0 voting 'present,' and this Bill having received a Constitutional Majority, is hereby declared passed. Continuing on the order of House Bills, Third Reading. We move to House Bill 2916. Mr. Clerk, please read the Bill."

"House Bill #2916. A Bill for an act concerning license plates. Third Reading of this House Bill."

"The Chair recognizes the Sponsor, Representative Spangler on the Bill."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. What we have before us is House Bill 2916, and this Bill would create, by amending the Illinois Vehicle Code, the DARE license plate. DARE stands for Drug Abuse 33  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 Resistance Education. It was brought to me by dispatcher from the Kankakee Sheriffs Department, and the thought behind it was, in this day in age when we have such an influx and resurgence of drug activity in our society that we would much better off being pro-active rather than reactive to some of those problems, and often times the way that the DARE organizations raise money is by Dare walks and the students and young people themselves go out and get pledges for this type of activity and education, in the elementary schools. It is deemed that by having a DARE license plate that people would not only be able contribute to a very worthwhile cause, but that they would also receive that recognition by being able to have that respective plate on their vehicles. I'd be happy to answer any questions." to

"You've heard the Gentleman. Is there any discussion? The Chair recognizes the Gentleman from Madison, Representative Hoffman."

"Will the Sponsor yield?"

"He indicates that he will yield to your question, Sir."

"Yes, Representative, it's my understanding that the Secretary of State would design this license plate, is that correct?"

"Representative Spangler."

"Yes, Representative Hoffman, that's correct. They would have to do it under the auspices of DARE America so that copyright infringement would not not be, you know, taking place."

"Representative Hoffman."

"And DARE America is in favor of this, I would assume?"

"Representative Spangler." 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996

"Yes, as a matter of fact, it's my understanding that they have tried to get this plate implemented in other states."

"Representative Hoffman."

"Have other states implemented this, and how much money are you estimating that this will bring into local DARE programs?"

"Representative Spangler."

"Unfortunately, Sir, I do not know if any other state at the present time has been able to accomplish a DARE plate. Not to my knowledge and there's no estimate, at this time, just exactly how much money would be generated as a result of the creation of this plate. I think very similar to when the environmental plate was introduced there was really not a good estimate of how much money would come in from that."

"Representative Hoffman."

"I think this is a good Bill. I guess it was in 1991 when the budget of the State Police was used to have a portion of the budget for DARE programs. It gave grants to local districts was cut and I thought that at that time and I think I spoke in the appropriations committee of that being very, very unfortunate. I still think it is, because we've seen that these types of programs have been exceedingly effective at keeping kids off drugs long-term. I think that this is an innovative approach that we should vote in favor of and we should pass."

"The Chair recognizes the Gentleman from Kankakee, Representative Novak."

"Yes, Representative Spangler, could you give me an idea on what the State Police budget is with respect to DARE appropriations to police agencies around the state?" 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996

"Representative Spangler."

"Yes the fiscal year '96 funding was $1,603,608."

"Representative Novak."

"Thank you, Representative. How is that money allocated? Is it allocated on the basis of a formula by population for county or some other means? Could you explain that briefly, please?"

"Representative Spangler."

"Representative, I really don't know how those monies are allocated across the state. I know that they do send out funding for some of the different counties and municipal DARE groups, but I'm not sure exactly what formula that is or how that money is apportioned."

"Representative Novak."

"Yes, thank you, Representative Spangler. You know, I can speak for Kankakee County. I know are DARE organizations locally. I mean, I know we have one in my hometown. And the county has one and a few other communities. They're constantly out raising money. Constantly raising funds and asking for funds through various charitable activities and $1 million may seem like a lot of money on it's face but when it comes to so many other DARE groups around the state, it's really a pittance, but I'm a little concerned with the money that this plate's going to generate. Is this going to go right into GRF? Or it's going to go right into that fund or will it be a separate fund?"

"Representative Spangler."

"That's an excellent question. When we were developing this Bill one of my concerns was I didn't believe that all of the money should go back into the state DARE program. I felt that if a lot of the different firefighters and emergency medical personnel and teachers and law 36  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 enforcement officers elected to contribute to that within a given locale, then some of those monies should go back to that area because they are in fact supporting the program, and so what we ended up doing was we ended up splitting that money on almost a 50/50 ratio between the state DARE and the DARE Programs within the respective counties of which the plates are purchased."

"Representative Novak."

"Yes, thank you, Representative. If a person is buying license plates, let's say from the Village of Bourbonnais, that you represent and I think they aren't going to be under any misrepresentation figuring that that money is going to come back to their community, it could go to some other community? Correct? That $25? My concern, Steve, is this, and I'm sure you will probably agree that how much money is generated by the plates and I'm sure it would probably generate a lot of interest, since anti-drug campaigns are very, are at the top of our mind all the time, but we want to make sure that that money is allocated fairly and equitably to these areas."

"Representative Novak, the Chair apologizes for unintentionally trying to cut you off. Representative Spangler, do you have a response?"

"Yes, Representative Novak. I shared that concern as well as Representative Mautino and we tried to sit down and figure out if there was a feasible way that the monies that would be garnered from the sales of this plate could be distributed amongst all the different villages, towns, cities, townships, if there were in fact a township DARE program, and have it divvied up in that fashion. Unfortunately, when we started looking at the amount money and the amount of paperwork and all the queries that would 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996- have to be done on the state computer to be able to accomplish that. It was determined that with the 102 counties that we would be able to do that in a much more expeditious and fair fashion in that respects. You are 100% correct if you've got one town that goes after this program wholeheartedly. Then they in turn may not see the direct benefit where some of the other towns within that county maybe are not participating as we would like for them to, but yet there deriving the benefits. I can only say that if  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 99th Legislative Day have one more question and I guess it's kind of rhetorical or philosophical. I know we spend a lot of money on the DARE Programs and there's some segments of our society question the utility of these programs. I know there's been some major news articles in some major news magazines about the effectiveness of DARE programs. The question I had for you would be since we're spending so much money on these programs trying to instill proper values in young children. Where police officers go into schools and other various social activities and instill the right attitudes in kids, but at the same time while we're spending all this money, nationwide studies indicate that drug use, marijuana usage, and drug use is increasing dramatically among young children. So are we misdirecting our funds? Are we sending the wrong message? Are we not sending a strong enough message? Do you have any response to that, Representative?"

"Representative Deering. We thank you, Representative Spangler."

"Thank you, Mr. Speaker."

"Yes, as a matter of fact, I do have a response to that. I think when we look at the amount of insurgence, as you have mentioned. The reinsurgence of drugs back into our society and how they tend to tear the fabric of our society. We need to spend as much money as possible to get to as many of our young students and young people as we possibly can, so that they are educated in that type of environment and atmosphere, as opposed to the street atmosphere or amongst their peers. Yes, as far as the increase goes, I don't know what the answer to that is. I certainly wish that I did but I would like these fourth, fifth, sixth graders coming up through the ranks and at 39  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 least having an education on what they may be getting into, and spending our money on the front end, rather than on a back end and on all the numerous intervention programs and other programs designed to help those that have already gotten involved with drugs."

"Representative Novak, anything further? Any further discussion? Seeing none the Chair recognizes Representative Spangler to close."

"Thank you, Mr. Speaker. I would just urge an 'aye' vote. I think this an excellent Bill. Not because it's my Bill, if it was anybody else's Bill on the Floor I would say the same thing. I just hope for a successful passage."

"You've heard the Gentleman. The question is, 'Shall House Bill 2916 pass?' All those in favor vote 'aye'; all those opposed vote 'nay.' The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 116 voting 'yes'; 1 voting 'no' and 0 voting 'present.' This Bill Having received a Constitutional Majority, is hereby declared passed. Continuing on the Order of House Bills, Third Reading we move to House Bill 2665. Mr. Clerk, please read the Bill."

"House Bill 2665. A Bill for an Act amending the Private Detective, Private Alarm, Private Security and Locksmith Act of 1993. Third Reading of this House Bill."

"Mr. Clerk, please correct the Bill. We're on third reading. Sir, correct the board. Thank you. The Chair recognizes the Sponsor of House Bill 2665, Representative Lawfer."

"Mr. Speaker, would you read the correct Bill. The Clerk, I believe, had the incorrect Bill on that." 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day

"I'm sorry, Representative. con..." February 28, 1996

Please state your Lawfer: "Okay, I'll go ahead Mr. Chairman, Ladies and Gentlemen of the General Assembly. House Bill 2665 amends the Food, Drug and Cosmetic Act as well as the Grade A Pasteurizer Milk and Milk Products Act. It's a technical Bill. It does add to some permits for bulk tanks, as well as allows for certification of pasteurizers that are used in the dairy industry. This Bill has been under scrutiny, under consideration for well over a year. There's been meetings throughout the state, as well as with the dairy industry people and this is something that is needed by the dairy industry. So that they can continue to ship milk interstate. And I think there is an agreement on that. Especially among the dairy industry on that. I'll be glad to answer any questions. Some of those questions arose earlier, when we adopted the Amendment. But I would be glad to answer any further questions."

"You've heard the Gentleman. The Chair recognizes the Gentleman from Williamson, Representative Woolard."

"Thank you, Mr. Speaker. Will the Gentleman answer a couple of questions?"

"He indicates that he will yield to your questions, Sir."

"I think that at the hearing there was some concern by some of those haulers, that maybe the permitting fee was a little exorbitant or more than they had anticipated. Has that been addressed?"

"Representative Lawfer."

"Yes, there was discussions of that and where the original Bill had a $25 annual permit fee for each tank that is on a truck. That has now been changed for a $25 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996- 99th Legislative Day permit, one time, as long as that tank remains in operation. If that tank should become de-certified, because of lack of passing inspection or is transferred to another owner then that permit would have to be reinstated, there again at a cost of $25."

"Representative Woolard."

"Following up with that, you know I think our real concern is, insuring that we have adequate inspection and that the department is afforded the opportunity to ensure that we safe conditions. Is there anything with a reduction of these fees that will impair the ability of the department to continue to make those annual or regular inspections?"

"Representative Lawfer."

"No."

"Representative Lawfer, were you finished with your answer? Then it's back to Representative Woolard."

"Thank you, Mr. Speaker. Thank you, Ron. I think that this is one of those instances where lots of long and hard work has been involved in implementing a Bill. I think that everyone has been trying to be fair and addressing the concerns of all of those people involved. I very much appreciate the work that Ron has put in to this Bill, and I think it's a good Bill. I would encourage everyone to support it because it is in the best interest of safety for all of us."

"Thank you, Representative. Seeing no further. Any further discussion? Seeing none the Chair recognizes Representative Lawfer to close."

"Thank you, Mr. Chairman, Ladies and Gentlemen. This Bill has gone through quite a process. Some people have raised the issue that this may be a permit fee increase, 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28,,1996 99th Legislative Day but really what it is, it's something that's necessary. I would like to read one statement from the Department of Federal Drug and Food and Drug Administration, and it says, 'It is highly probable without this regulation and this legislation some Illinois milk supplies will lose interstate certification.' So really what the issue is not only insuring the consumer of dairy products a quality and wholesome product SO that everybody can be assured that when they eat ice cream, milk, cottage cheese, swiss cheese whether is produced in Illinois or other states. The state of the art technology is used on the dairy farm by the hauler and the processor for a very good product. A wholesome product. Really I think what the issue boils down to is that it's saving an endangered species. That species being the Illinois dairy cows. So also an issue of saving the Illinois Dairy Industry, and the Illinois dairy farmers who would lose if they lost interstate milk shipment. Really our motto should be, 'Save the spotted cow.' You could help do that with the support of House Bill 2665. I urge a 'yes' vote."

"With no further action to churn this issue, the question is, 'Shall House Bill 2665 pass?' All those in favor vote 'aye'; all those opposed vote 'nay.' The voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 115 voting 'yes'; 1 voting 'no' and 0 voting 'present.' This Bill having received a Constitutional Majority, is hereby declared passed. Returning to the Order of House Bills, Second reading. Mr. Clerk, please read House Bill #2809.'

"House Bill #2809. A Bill for an Act to amend the Property Tax Code. Second Reading of this House Bill. 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 Committee Amendments #1 and 2 were adopted. Fiscal Notes, State Mandates Note and Housing Affordability Impact Note have been filed on the Bill as amended."

"Third Reading. Continuing on the Order of House Bills, Second Reading. Mr. Clerk, please read House Bill #1056."

"House Bill #1056. A Bill for an Act that amends the Illinois Municipal Code. Second Reading of this House Bill. Amendments #1 and 2 were adopted in committee. No Floor Amendments. Fiscal Note has been requested on the Bill and has been filed."

"The Bill shall remain on Second Reading. Mr. Clerk, please read House Bill 1796."

"House Bill 1796. A Bill for an Act concerning Insurance Transactions. Second Reading of this House Bill. Amendments #1 and 2 were referred to subcommittee. Committee Amendments #3 and 6 were adopted. Floor Amendments #4 and 5 were referred to rules. Fiscal Note has been filed on the Bill as amended."

"The Bill shall remain on Second Reading. Mr. Clerk, please read House Bill 2515."

"House Bill #2515. A Bill for an Act that amends a Public Utilities Act. Second Reading of this House Bill. Committee Amendment #1 was adopted. No Floor Amendments. Fiscal Note has been requested and filed."

"That Bill shall remain on Second Reading. Mr. Clerk, please read House Bill 2571."

"House Bill 2571. A Bill for an Act that amends the Public Utilities Act. Second Reading of this House Bill. Committee Amendment #1 was adopted. Committee Amendment #2 failed. No Floor Amendments. Fiscal Note, State Mandates Note have been filed on the Bill as 44  99th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 amended."

"That Bill shall remain on the Order of Second Reading. Mr. Clerk, please read House Bill 2592."

"House Bill 2592. A Bill for an Act that amends a Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. Fiscal Note, Correctional Budget and Impact Note have been requested and have been filed."

"That Bill shall remain on the Order of Second Reading. Mr. Clerk, please read the House Bill 2613."

"House Bill #2613. A Bill for an Act concerning competition and the provision of cable television services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No note requests."

"That Bill shall remain on the Order of Second Reading. Mr. Clerk, please read House Bill 2660."

"House Bill #2660. A Bill for an Act that amends the Wildlife Code. Second Reading of this House Bill. Committee Amendments #1 and 2 were adopted. No Floor Amendments. No Note requests."

"That Bill shall remain on the Order of Second Reading. Mr. Clerk, please read House Bill #2711."

"House Bill #2711. A Bill for an Act that amends the Illinois Farm Development Act. Second Reading of this House Bill. Committee Amendment #1 was adopted. No Floor Amendments. State that Impact Note has been requested and filed."

"Thank you, Mr. Clerk. That Bill shall remain on the Order of Second Reading. Please read House Bill #2805."

"House Bill #2805. A Bill for an Act that amends the Illinois Municipal Code. Second Reading of this 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 House Bill. Committee Amendment #1 was adopted. No Floor Amendments. No note requests."

"Thank you, Mr. Clerk. That Bill shall remain on the Order of Second Reading. Please read House Bill #3050."

"House Bill #3050. A Bill for an Act that amends a Code of Civil Procedure. Second Reading of this House Bill. Committee Amendment #1 was adopted. No Floor Amendments. No note request."

"Thank you, Mr. Clerk. Please keep that Bill on the Order of Second Reading, and read House Bill 3186."

"House Bill 3186. A Bill for an Act that amends the Comprehensive Health Insurance Plan Act. Second Reading of this House Bill. Committee Amendment #1 was referred to subcommittee. No Floor Amendments. A Fiscal Note has been requested and has been filed."

"Thank you Mr. Clerk. That Bill shall remain on the Order of Second Reading. Moving to the Order of Constitutional Amendments. Mr. Clerk, please read House Joint Resolution Constitutional Amendment #32."

"House Joint Resolution Constitutional Amendment #32, offered by Representative Clayton. Second Reading of this Constitutional Amendment, offered by Representative Pedersen. Resolved by the House of Representatives of the 89th General Assembly, of the State of Illinois. The Senate concurring herein, that there shall be submitted to the electives to the state for adoption and rejection that the general election next occurring at least 6 months after the adoption of this resolution. A proposition to add section 8.1 of Article 4 of the Illinois Constitution as follows. Article 4 of the Legislature. Section 8.1 passage of Revenue Bills. A Bill that would result in the 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996 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 of any item of tangible personal property may become law. Only with the concurrence of 3/5 of the Members elected to each House of the General Assembly. Scheduled this Constitutional Amendment takes effect upon approval by the electors of this state. Second Reading of House Joint Resolution Constitutional Amendment #32."

"Mr. Clerk, Committee Announcements."

"Committee Report from Representative Cowlishaw. Chairman of Committee on Elementary and Secondary Education to which the following Bills were referred. Action taken on February 28, 1996. Reported the same back with the following recommendations. Do pass as amended, House Bill 2230. Do pass Short Debate, House Bill 3300. Committee Announcements. For today Counties and Townships scheduled for 2 p.m. has been canceled. Again 2 o'clock Committee, Counties and Townships has been canceled. For Thursday, February 29th. Appropriation for Education, Appropriation for Human Services Committee will meet at 9:30, not 8 a.m. Again Appropriation for Education, Appropriation for Human Services will meet at 9:30, not 8 a.m."

"Mr. Clerk, please...Committee Announcements."

"Appropriation for Education will meet at 9 a.m., not 9:30."

"Repeating again. Appropriations Education will meet at 9 a.m. Thank you. And Human Services will be meeting at 9:30. Any further announcements? Seeing none, Representative Black now moves that the House now stand adjourned until Thursday, February 29, 1996 at the hour of 2 p.m. All those in favor signify by saying 'aye'; those 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE February 28, 1996 99th Legislative Day opposing say 'nay.' In the opinion of the Chairs the 'ayes' have it and allowing for Perfunctory time for the Clerk the House now stands adjourned until Thursday February 29, 1996 at the hour of 2 p.m."

"The House Perfunctory Session will be in Order. Introduction. First Reading of House Bills. House Bill #3700, offered by Representative Mautino, a Bill for an Act to amend the Public Utilities Act. Introduction of First Reading of this House Bill. The House Perfunctory Session will now stand in recess until the hour of 5 p.m."

"The hour of 5:00 p.m. having arrived, the House Perfunctory Session will be in order. Introduction. First Reading of House Bills. Introduction First Reading of Bills. House Bill #33701, offered by Representative Mautino, a Bill for an Act to amend the Child Sex Offender Community Notification Law. Introduction. First Reading of this House Bill. Committee Reports. Committee Report from Representative Churchill, Chairman from the Committee on Rules, to which the following Joint Action Motions were referred, action taken on February 28,1996, reported the same back with the following recommendation/s: 'do approve for consideration and referred to the House Floor. Floor Amendment #32 to House Bill %32649. Representative Andrea Moore, Chairman from the Committee on Elections and State Government, to which the following Bills and Resolutions were referred, action taken on February 28, 1996, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill #33396 and 'do adopt' House Joint and Resolution #385.. Representative Zickus, Chairman from the Committee on Consumer Protections, to which the following Bills and Resolutions were referred, action taken on February 28, 1996, reported the same back with the 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 99th Legislative Day February 28, 1996. following recommendation/s: 'do pass Short Debate' House Bill #2555; 'do pass as amended Short Debate' 2621 and House Bill 3548. Committee Report from Representative Skinner. Chairman from the Committee from Privatization, De-regulation Urban and Economic Development to which the following Bill was referred. Action taken on February 28, 1996. Reported the same back with the following recommendation, 'do pass Short Debate' House Bill 3230. Representative Persico, Chairman from the Committee on Environment and Energy, to which the following Bills and Resolutions were referred, action taken on February 28, 1996, reported the same back with the following recommendation/s: 'do pass' House Bills #3165 and #3167; Representative Biggins, Chairman from the Committee on Appropriations for General Services, to which the following Bills and Resolutions were referred, action taken on February 28, 1996, reported the same back with the following recommendation/s: 'do pass' House Bill 3698. Representative Wirsing, Chairman from the Committee on Higher Education, to which the following Bills and Resolutions were referred, action taken on February 28,1996, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 2836. Being no further business, the House Perfunctory Session stands Adjourned. The House will reconvene in full Session on Thursday, February 29th, at the hour of 2 p.m. 49  REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX FEBRUARY 28, 1996 97/03/25 14:42:16 HB-1056 HELD ON SECOND PAGE 44 HB-1796 HELD ON SECOND PAGE 44 HB-2515 HELD ON SECOND PAGE 44 HB-2564 THIRD READING PAGE 8 HB-2571 HELD ON SECOND PAGE 44 HB-2592 HELD ON SECOND PAGE 45 HB-2613 HELD ON SECOND PAGE 45 HB-2631 THIRD READING PAGE 10 HB-2649 HELD ON SECOND PAGE 3 HB-2660 HELD ON SECOND PAGE 45 HB-2665 SECOND READING PAGE 3 HB-2665 THIRD READING PAGE 40 HB-2703 THIRD READING PAGE 11 HB-2711 HELD ON SECOND PAGE 45 HB-2720 THIRD READING PAGE 21 HB-2796 THIRD READING PAGE 28 HB-2805 HELD ON SECOND PAGE 45 HB-2809 SECOND READING PAGE 43 HB-2861 THIRD READING PAGE 30 HB-2916 THIRD READING PAGE 33 HB-3050 HELD ON SECOND PAGE 46 HB-3186 HELD ON SECOND PAGE 46 HB-3700 FIRST READING PAGE 48 HB-3701 FIRST READING PAGE 48 *HJR-0032 FILED PAGE 46 SUBJECT MATTER HOUSE TO ORDER PAGE 1 REPRESENTATIVE RYDER IN THE CHAIR PAGE 1 PRAYER REVEREND GRIMSHAW PAGE 1 PLEDGE OF ALLEGIANCE REPRESENTATIVE SKINNER PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 6TH GRADE WILLIAMSVILLE JUNIOR HIGH PAGE 3 SUPPLEMENTAL CALENDAR #1 PAGE 7 HOUSE ADJOURNED PAGE 48 HOUSE PERFUNCTORY SESSION PAGE 48 HOUSE PERFUNCTORY SESSION ADJOURNED PAGE 49