Illinois House Floor Debate — March 29, 1996

"The House will come to order. Members will please be in their chairs. Those not entitled to the floor will please retire to the gallery. The Chaplain for the day is Pastor Kristen Schlauderaft of Zion Lutheran Church in Deerfield. Pastor Schlauderaft is the guest of Representative Gash. Guests in the gallery may wish to rise for the invocation. Pastor Schlauderaft."

"Let us pray. Gentle and mighty God, You have brought us to the opening of yet another day, this day filled with opportunity, filled with light and hope and the promise of spring. Give us courage to seek Your will, to listen for Your Spirit at work among us. Call us to remembrance of those who have no voice, the lost, the neglected, the poor, and the abused. For those of us who have much, make us faithful servants of Your great gifts. All that we have is Yours, oh God, the possessions that ease our living, the families that bring us joy, the confidence and hope we have in You. Open our hearts and hands that these blessings may be multiplied in the lives of all Your children. Give us vision and determination to shape our world in ways that give life and hope to all, turning us from violence and revenge to compassion and community. We ask Your blessing upon all who govern in this nation, upon President Clinton, the United States Congress, Governor Edgar and upon this Assembly. Guide us by Your presence, that all that we do and all that we say may be honorable in Your sight. Gracious God who was and is and is to come, we give our thanks, our praise and our service. In Your Holy Name we pray. Amen."

"We will be led in the Pledge of Allegiance by Representative Gash." 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day Gash March 29, 1996 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 is recognized for any excused absences on the Democrat side of the aisle."

"Thank you, Speaker. Please let the record show that Representatives Martinez and Phelps are excused today."

"The record will so reflect. Representative Cross is recognized for any excused absences on the Republican side of the aisle."

"Thank you, Mr. Speaker. We're all here today."

"The record will so reflect. Mr. Clerk, take the record. There are 116 Members answering the Roll and a quorum is present. And the House will now come to order. Committee Reports."

"Committee Reports. Committee Report from Representative Saviano, Chairman from the Committee on Registration and Regulation, to which the following Joint Action Motions were referred, action taken on March 29th, 1996, reported the same back: 'do approve for consideration' Floor Amendment #2 to House Bill 3199. Committee Report from Representative Zickus, Chairman from the Committee on Consumer Protection, to which the following Joint Action Motions were referred, action taken on March 29th, 1996, reported the same back: 'do approve for consideration' Floor Amendment #3 to House Bill 2621."

"Senate Bills - Third Reading. Page 8 of the Calendar, Senate Bill 1143. Read the Bill, Mr. Clerk."

"Senate Bill 1143, a Bill for an Act concerning boiler and pressure vessels. Third Reading of this Senate 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day Bill."

"Representative Balthis." March 29, 1996

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1143 as amended in the House, creates the Boiler and Pressure Vessel Repair Regulation Act to be administered by the State Fire Marshall. After July 31st, 1997, it prohibits a person, firm, association, or corporation from repairing, advertising to repair or representing oneself as a boiler or pressure vessel repairer unless licensed under this Act. It requires evidence of a minimum of 300,000 in liability insurance and the Act sunsets on January 1st, the year 2006. I would be happy to answer any questions."

"The Gentleman from Washington, Representative Deering."

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

"Indicates he will."

"Representative, under this Act, what will this do to individuals who own antique steam engines, that show these steam engines at threshermen shows? Where boilers in these engines? And I know there's been some concern through the Fire Marshal's Office in inspections over the past. But what would this Act do to those individuals that own those steam engines or what will they do to those shows?"

"Representative Balthis."

"Representative, there's a Section in the Act that allows a person who owns equipment and does repairs on their own equipment as long as they are authorized by the state to do so. They do not have to be licensed under this Act."

"Representative Deering."

"So, they have to get authorization from the State Fire 3  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Marshal's Office?"

"Representative Balthis."

"Yes."

"Representative Deering."

"Do they have to be registered or licensed or do they have to carry any liability insurance or anything as far as that is concerned? Or what about the vessel itself? Does the vessel itself have to be inspected and have a safe sticker or a safe notification on it or anything?"

"Representative Balthis."

"Representative, it's my understanding that they already have to have that. This Act would not change that."

"Representative Deering."

"Okay, and you missed the portion about the liability. Are they currently required to carry so much liability coverage or under this Act, will those individuals or those associations be required to then carry some liability coverage?"

"Representative Balthis."

"No. The Act does not change that because they're not covered under the licensure portion of it."

"Representative Deering."

"Thank you, Mr. Speaker. No further questions."

"Representative Mautino."

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

"Indicates he will."

"Just looking at our analysis on here, who would be responsible for administering this?"

"Representative Balthis."

"The State Fire Marshal's Office."

"Representative Mautino."

"Now, last year they had a reduction of about 43 in head 4  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 count. Is this going to put any additional strain on that Department? Can they handle this and are they in favor?"

"Representative Balthis."

"I am advised that they can handle it. There is a licensure fee under this that will cover any additional expenses that they will have."

"Representative Mautino."

"How much will that fee generate?"

"Representative Balthis."

"Approximately 23,000."

"Representative Mautino."

"Will any of this...excuse me, how much are you expecting on the licensure?"

"Representative Balthis."

"Representative, the license fee will be promulgated, the fee will be promulgated by the agency. There is nothing in this Bill that promulgates the fee. It gives them the authority to promulgate a fee to cover their expenses."

"Representative Mautino."

"Have they considered possibly increasing the head count there to help take on some of the additional duties? Or will the fee go towards that? Do you have any indication from the department?"

"Representative Balthis."

"It's my understanding that they will not have to because of the internal operation of the agency. Currently, and the requirements currently, this will just be modified to pick up the additional but it will not require additional personnel."

"Is that all, Representative Mautino? Okay, nothing further. Representative Spangler." 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996

"Thank you, Mr. Speaker. I rise in strong support of this Bill. And I can tell you that the devastation to workers around unsafe boilers that have ruptured is absolutely devastating. If you've ever seen it, you will never ever want to see it again. I commend the Sponsor for bringing this Bill up. Generally, I am always in favor of having less government, but this is a situation where we absolutely have to have control of these. I spent 16 years in the chemical and oil refining industry and had the unfortunate circumstance of witnessing several of these terrible explosions. And I think that everyone here, for the workers in our communities that have to work around boilers, would want to certainly vote 'aye' on this Bill. Thank you."

"Representative Moffitt."

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

"He indicates he will."

"Representative, I think this is probably a fine piece of legislation and I will probably support it. One question came up, though and I believe it was alluded to, did you say you feel that the Fire Marshall has an adequate staff? And are they providing their inspections for various areas in a timely manner?"

"Representative Balthis."

"The Boiler and Pressure Division has not experienced any layoffs and their activities pay for themselves for the charges they make, they charge for their inspections, so their activities are paid for through the process."

"Representative Moffitt."

"Is this their inspections for all areas? And it's related to your Bill from this standpoint. I had a constituent call, their business is shut down, they're 6  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day waiting on a Fire Marshall Inspection. March 29, 1996 The Fire Marshall said it would be April 30th before they could come and inspect their property, same office, different area. I f they can't come and inspect my constituent's property for over a month, I think they've got a problem. Now, would you...you're sure they have staff to do everything they're supposed to? I've got to call in to them. I'm waiting on them. But I wouldn't want to burden them even more when they can't come to inspect for my constituent in over a month."

"Representative Balthis."

"Representative, I think you'll probably be taken care of before April, a message I just received. But beyond that, this is a different division that would be doing these inspections instead of the Fire Marshal's Office. But I do believe that your problem will be addressed prior to April."

"Representative Moffitt."

"Thank you, Representative. I'll be happy to support your legislation. And if I need your assistance, since we pointed out that they have adequate staff, that they can do things in a timely manner, I know you would assist me on that. But I'm happy to support your legislation based on what you've said. Thank you."

"Representative Fantin." "Thank you, Mr. Speaker. much needed Bill. It's a very good Bill. And I'd like my colleagues on this side, ask for their support with a 'yes' vote. Thank you."

I'd just like to say this is a Speaker Daniels: "Representative Wennlund."

"Thank you, Mr. Speaker. I move the previous question." 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 lllth Legislative Day

"The question is, 'Shall the main question be put?' All in favor say 'aye'; opposed 'no'. The 'ayes' have it. Representative Balthis to close."

"Thank you, Mr. Speaker. I think you've heard the comments. This is a much needed piece of legislation. It is primarily a safety feature and I would ask for a favorable vote."

"The Gentleman has moved for the passage of Senate Bill 1143. All those in favor will signify by voting 'aye'; opposed by voting 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 114 'ayes', 0 voting 'no', 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bills - Second Reading. House Bill 2621. Read the Bill, Mr. Clerk."

"House Bill 2621, a Bill for an Act amending the Counterfeit Trademark Act. Second Reading of this House Bill. Amendments 1 and 2 were adopted in Committee. No Motions have been filed. Floor Amendment #3, offered by Representative Biggert, has been approved for consideration."

"Representative Biggert."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #3 becomes the Bill. It amends the Counterfeit Trademark Act and provides for increased penalties for the sale of counterfeit merchandise. The various sections that were addressed as changes in Floor Amendment #3 were adding back the word 'knowingly' for the Sections 2, 3 and 4 as well as changing Section C of Section 8 which provides for seizure and disposition of the 8  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 seized merchandise and provides that the seized goods shall be destroyed upon written consent of the defendant or by judicial determination that the seized goods are counterfeit items or otherwise bear the trademark, trade name, or service mark without the authorization of the order unless another disposition of the goods is consented to by the owner of the trademark, trade name, or service mark. And I'd be happy to answer any questions."

"Representative Parke."

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

"She indicates she will."

"Yes, Representative Biggert, this is pretty much a straightforward Bill. There is, if the contraband is confiscated, the parties have a right to donate it to charities, if in fact, it's determined that that's the best disposition of it. Otherwise, the contraband would be destroyed. Is that correct?"

"Representative Biggert."

"That's correct, Representative, as long as they have the consent of the owner of the trademark or a judicial determination is made to make that disposition."

"Representative Parke."

"In Committee, was there any objections from any parties on this or is this pretty straightforward and no one is really objecting to it?"

"Representative Biggert."

"There were no objections in Committee."

"Representative Schoenberg."

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

"She indicates she will."

"Representative Biggert, could you please tell us 9  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 what the current enforcement capacity is of the state law enforcement agencies and how they would be able to facilitate this change in the law?"

"Representative Biggert."

"Yes, Representative, under the current law, the enforcement of a violation of the trademark law is a misdemeanor, a Class A Misdemeanor which provides for penalties of up to 1 year in prison and/or $500 or up to $1000 in penalties. If it's a second offense, then it's a little bit more. But it's strictly is a Class A Misdemeanor and that really is the purpose for this Bill because there are persons who are counterfeiting trademarks on a large scale and the enforcement is not done because of the smallness of the offense."

"Representative Schoenberg."

"Well, I know Representative Biggert that you personally take offense to the counterfeiting of some items like Louis Vuitton purses and similar accessories. However, are we able successfully now before this change in the law to...how successful are we at stopping the sale of counterfeit items? And how successful do you anticipate we will be with this change in the law?"

"Representative Biggert."

"Well, right now because of the limited penalty, for someone to, for a prosecutor to go after someone in an economic crime, really because of the other offenses that they are dealing with, this doesn't take top priority. And we've had contact with a customs agent who has several times turned over suspected violations to the State of Illinois and they have not been prosecuted because of the limited offense. So I think that this will have a real effect in the State of Illinois for prosecuting the crimes 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 because of the penalty. And right now the Illinois consumer is buying goods which they think are genuine and are then being hurt by it. The State of Illinois is also losing sales tax revenue because most of the time these goods are sold outside of the normal merchandising. And also certainly, the owner of the trademark is being hurt because goods are being sold which people believe are their goods and those goods are not the top quality that they would expect from the owner of the trademark."

"Representative Schoenberg."

"To the Bill. Thank you, Representative Biggert. I know that this problem goes far beyond the accessories that I mentioned earlier. It also extends to everything from Louis Vuitton purses to Starter jackets to Chicago Bulls T-shirts out in front of Chicago Stadium. And I'd urge my colleagues to support this. Thank you."

"Further discussion? Representative Zickus. Zickus: Representative Zickus, did you want to talk on this Bill?" "Representative Biggert has worked very hard on this Bill, and I lend my support to it. There is no opposition in the Committee."

"Representative Lang."

"Thank you, Mr. Speaker. I commend the Sponsor. This is one of those Bills that came actually from the Sponsor's own mind. We don't have a lot of Bills that come from a Sponsor's own mind around here and I commend her. It's an excellent Bill. I would suggest you vote for it."

"Representative Biggert moves for the adoption of Floor Amendment #3. All those in favor say 'aye'; opposed 'no'. The 'ayes' have it. Further Amendments?"

"No further Amendments have been approved for consideration. The Notes that have been requested on the 11  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 Bill have been filed."

"Third Reading. Mr. Clerk, read House Bill 2621 on Third Reading."

"House Bill 2621, a Bill for an Act amending the Counterfeit Trademark Act. Third Reading of this House Bill."

"Representative Biggert."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen. House Bill 2621 is the Bill to increase the penalties for violating the Counterfeit Trademark Act. And the increases range from a Class A Misdemeanor to Class IV Felony, or Class III Felony, depending on the quantity and value of the counterfeit items. The fines for violating this Act also increase...a counterfeit item is the definition which includes goods and services displaying a mark registered with the U.S. Patent and Trademark Office. Common law marks and those registered in the State of Illinois will remain as misdemeanors."

"Representative Biggert now moves for the passage of House Bill 2621. All those in favor will signify by voting 'aye'; opposed by voting 'no'. The voting is open. This is Third Reading final action on the Bill. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 114 'aye', 0 voting 'no', 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jones, are you seeking recognition?" Jones, S.: "Yes, Mr. Speaker. There's something wrong with my button and I would like to report, yeah, and I would like to be voted 'aye' on that Bill."

"The record will reflect that if your button had 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 been working, you would have then voted 'aye'. We'll have somebody come over and look at your switch right away. Mr. Clerk, on page 12 is SJR 87. Please read the Resolution."

"Senate Joint Resolution #87, offered by Representative Churchill. Be it resolved by the Senate of the 89th General Assembly of the State of Illinois, the House of Representatives concurring herein, that when the two Houses adjourn on Thursday, March 28th, 1996, the Senate stands adjourned until Tuesday, April 16th, 1996 and the House of Representatives stands adjourned until Friday, March 29th, 1996 at 10:00 a.m. And when it adjourns on that day, it stands adjourned until Monday, April 15th, 1996. And when it adjourns on that day, it stands adjourned until Tuesday, April 16th, 1996. Adopted by the Senate March 28th, 1996."

"Representative Churchill now moves the adoption of the Adjournment Resolution. All those in favor signify by saying 'aye'; opposed 'no'. The 'ayes' have it. And the Adjournment Resolution is adopted. Representative Hoeft, did you want to be recognized? Representative Hoeft. Try Representative Zickus' microphone or Representative Cross."

"Thank you, Mr. Speaker. I would ask that you recommit Senate Bill 182 to Rules."

"Are you the Chief Sponsor of that, Sir?"

"Yes I am."

"Senate Bill 182. With leave of the House, will be recommitted to the Rules Committee. Senate Bill 182. Page 5 of the Calendar, Mr. Clerk. House Bill 3151. Read the Bill, Sir."

"House Bill 3151. This Bill has been read a second time previously. Amendments 1, 2 and 3 were adopted in 13  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 Committee. No Motions have been filed. No Floor Amendments approved for consideration. The Fiscal Note that was requested on the Bill has been filed."

"Third Reading. Representative Jones." Jones, S.: "Mr. Speaker, I would like for everybody to join in and congratulate Mr. Hal Murphy for his 13th birthday. It's his birthday today to Hal Murphy. He said he's 13 years old."

"Happy Birthday. Page 5 of the Calendar, House Bill 3199. Read the Bill, Mr. Clerk."

"House Bill 3199. This Bill has been read a second time previously. Amendment #1 was adopted in Committee. No Motions have been filed. Floor Amendment #2, offered by Representative Cross, has been approved for consideration."

"Representative Cross."

"Thank you, Mr. Speaker. Amendment 2 was adopted in Committee this morning without any opposition. It does three things. It changes the effective date to immediately, or at least adds that. With respect to permanent inside signs within taverns, et cetera, the value of those permanent inside signs shall be raised from 1750 to $2000. And then with respect to outside signs, it gives some specifics about what can be included and not included on those outside banners. I don't know of any opposition but I'll be glad to answer any questions."

"Any discussion? The Gentleman from Clinton, Representative Granberg."

"Thank you, Mr. Speaker. To the Amendment. I rise in support of the Amendment. This has been agreed to. The Gentlemen have worked out a compromise on this issue. It's been a very ambiguous ruling from the Illinois Liquor Control Commission. This defines what are in the 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 parameters of the regulations and the law. It serves to clarify the law and the intents. And it will deal with any problems that have arisen in the past six months. So I would hope that the Members of this side of the aisle would support the Amendment."

"Representative Jones." Jones, L.: "Thank you, Mr. Speaker and Members of the House. I rise in a correction. There was opposition to that Amendment this morning. There was two 'noes' on that Amendment, and there was an agreement. The agreement that was made last night became a nonagreement about 15 minutes before the Committee this morning. And I'm rising to correct my colleague 'cause there was opposition to the Amendment and there is no agreement as I stand right now."

"Representative Mautino."

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

"Indicates he will."

"Okay. Representative Cross, in November the Director of the Liquor Control Commission, they did an arbitrary, interpretative ruling in reference to the content of 'signage'. Does this legislation clarify that ruling?"

"Representative Cross."

"Representative, the Bill along with this Amendment, does exactly what you have just asked. And with respect to the previous speaker, this Amendment is not opposed by Anheuser-Busch. And I do want to make that clear."

"Representative Mautino."

"With the passage of this legislation, will any signs which are currently displayed by retail licensees have to be removed?"

"Representative Cross."

"No." 15  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Representative Mautino." March 29, 1996

"Okay. I'm going to give you an example here on this. Will this legislation allow for an instance, let's have a, let me give you an example: Will a wholesaler distributor be able to provide to a retail licensee an outside temporary sign referred to as a banner that would say something like, 'Miller Lite Long Neck Bottles $2 a bottle. Welcome to the National Convention'?"

"Representative Cross."

"That's an excellent question and an excellent scenario, Representative. The answer is yes. And really, more importantly, if we don't pass this legislation, and we have no rules in place or legislation in place with respect to the very issue you're talking about. So the answer specifically is yes."

"Representative Mautino."

"Will the, another question on that. Will the wholesale licensee or distributor be able to purchase the sign from their supplier?"

"Representative Cross."

"I'm really not sure of the answer on that, Representative."

"Representative Mautino."

"Okay, and will a wholesale distributor be able to provide a retail licensee with an indoor sign containing the retailer's name or logo?"

"Representative Cross."

"No."

"Representative Mautino."

"I believe my interpretation of it, what I've seen is I believe, they would be able to set that forward and be able to provide that. You might want to take a look at that. 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day To the Bill."

"To the Bill." March 29, 1996

"Mr. Speaker, I rise in support of this legislation. It addresses a problem which the Liquor Control Commission has had meetings throughout the State of Illinois and addressed concerns of licensees regarding nonpermanent point of sale and what can and can't be placed on a banner. We had a problem where, because of an interpretation of the Liquor Control Commission, a lot of your licensees were being assessed fines of up to $500 because they would have, something which just basically stated, an event that was going on. And this clarifies it and it sets out exactly what can be on that signage. It is a tremendous problem that the retailers have been having over the last few months, and I think it's an excellent solution to this problem. I commend the Sponsor and those who worked with him to get an agreement."

"Further discussion? Representative Saviano."

"Thank you, Mr. Speaker. For the purpose of legislative intent, would the Sponsor yield for a question?"

"He indicates he will."

"Representative, under this Bill is it permitted to place the retailer's name on temporary inside signs?"

"Representative Cross."

"Skip, yes. And the answer is yes, and I apologize. Earlier, I made a mistake with Representative Mautino. The answer is yes."

"Representative Saviano."

"Thank you, Representative."

"Further discussion? Representative Deering."

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

"He indicates he will." 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day March 29, 1996

"Representative, this legislation increases the dollar limits in the aggregate for different categories of signs in reference to the permanent indoor or inside signs. I believe the dollar amount is increased up to $2000. Is that correct?"

"Representative Cross."

"Yes, Representative. It's $2000 per manufacturer or distributor."

"Representative Deering."

"Are the interested distributors, the Beer Distributors Association, or are the interested groups such as the beer distributors, retail liquors, AB and Miller, are they in agreement, in total agreement on this issue or on this increase?"

"Representative Cross."

"Representative, let me read to you the proponents: Associated Beer Distributors, Coors Brewing, Illinois Liquor Store Association, Miller Brewing, Chicago Area of Social and Entertainment Organization, Illinois Retail Liquor Association, Illinois Restaurant Association, Illinois Retail Merchants Association."

"Representative Deering."

"I understand the support for the Amendment. But a lot of times we have an agreement when there's a compromise. I want to know if they're in agreement or in total agreement on the increase."

"Representative Cross."

"Representative, with respect to that figure, there are some groups that would have liked to have seen that number higher. But we've all come together on this number of $2000. And while there are groups that would have liked it higher, they are satisfied with this language and that 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day number at 2000."

"Representative Deering." March 29, 1996

"Okay, these groups are also in support of dollar limits higher than the $2000 limit. And there for this. They agreed to an increase because at this level, some signs which are currently being used will have to come down. Would these groups, apparently they would be in agreement to increasing this level then. So they could keep some of these signs up. Is that not correct?"

"Representative Cross."

"Yes."

"Representative Deering."

"Representative, in reference to the current practice of display and promotion enhancements, under this legislation will this practice be allowed to continue?"

"Representative Cross."

"Yes."

"Representative Deering."

"And also a final question, Mr. Speaker. With the passage of this legislation, will the Liquor Control Commission have the authority to regulate the content of any signs under this Act?"

"Representative Cross."

"What this, what we've attempted to do with this Bill, Representative, is establish some formal guidelines with respect to inside and outside permanent and temporary signs and this is under the purview of the Liquor Control Commission."

"Representative Deering."

"But it's my understanding that the contents is a First Amendment right protected by commercial free speech. So if this Act passes and is signed into law by the Governor, 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 then the Commission could still regulate the content of these signs?"

"Representative Cross."

"Representative, they still have control and they're going to have to, of course, follow this statutory language if this Bill passes, and if it passes in the Senate and is signed by the Governor. And they of course could adopt rules with respect to the sign control."

"Representative Deering."

"To the Bill, Mr. Speaker. Representative, I think maybe the question of the Liquor Commissioner or the Liquor Commission controlling the content might be an issue that maybe we better look at when the Bill goes to the Senate 'cause I think there might be some confusion in that answer. But thank you for your time."

"Representative Burke."

"Thank you, Speaker. I have a question of the Sponsor if he will yield."

"The Sponsor indicates he'll yield. State your question, Sir."

"Representative, for several weeks I have been involved in this legislation. The Liquor Control Commission approached me and asked for my endorsement and support and I would just like to know, when was I removed as the Cosponsor of this legislation?"

"Representative Cross."

"Representative, I have absolutely no idea. I just got involved with this Bill myself a week or two ago. I didn't know that you had been on it and I don't know."

"Representative Burke."

"So it's just coincidental that you have become the Sponsor and I was removed?" 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Representative Cross." March 29, 1996

"Representative, did I make a promise to you anywhere with other people that you'd be number two?"

"Representative Burke."

"Certainly not. No promises. No hope for that agreement. But I would like to inquire of the Clerk as to when my name was removed from the Sponsorship?"

"Mr. Clerk, Representative Burke would like to inquire of you as to when his name was removed as a Chief Cosponsor. Is that what you're saying, Representative Burke? They're going to have to get the slips from upstairs. It doesn't show on the LIS. Could we continue on and then come back to you when the answer comes? Is that all right with you? It's all right with you. Are you finished, Sir? Representative Wojcik."

"Mr. Speaker, you can remove my name as a hyphenated Sponsor and put Representative Burke on."

"Representative Burke, that was an offer of greatness. Are you willing to accept that, Sir?"

"Speaker, I certainly do appreciate the courtesy of my very dear colleague, Representative Wojcik. And that is certainly fine with me. And I'm quite satisfied. Thank you, Representative Wojcik."

"For the record, Mr. Clerk, the Sponsorship will read Cross, Saviano, McAuliffe, Hartke, Burke. For the record. Thank you, Representative Wojcik. Further discussion? Representative Black."

"Thank you, Mr. Speaker. I move the previous question."

"The question is, 'Shall the main question be put?' All in favor say 'aye'; opposed 'no'. The 'ayes' have it. Representative Cross moves the adoption of Amendment #2. All those in favor signify by saying 'aye'; 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 opposed 'no'. The 'ayes' have it. The Amendment is adopted. Third Reading. Now, we're going to call this Bill on Third Reading. So House Bill 3199. Third Reading. Read the Bill, Mr. Clerk."

"House Bill 3199, a Bill for an Act amending the Liquor Control Act of 1934. Third Reading of this House Bill."

"Representative Cross."

"Thank you, Mr. Speaker. I'll keep this brief 'cause I think we ended up debating it for the most part the whole Bill while we were debating the Amendment. As Representative Mautino mentioned in his questioning, the Liquor Control Commission has sent out an interpretive opinion with respect to signs and what can and cannot be included with respect to those signs. This Bill attempts to clean up any confusion concerning permanent inside and outside, as well as temporary inside and outside signs. I'll be glad to answer any more questions. I think we..."

"Representative Cross moves for the passage of House Bill 3199. All those in favor will signify by voting 'aye'; opposed by voting 'no'. The voting is open. Have all voted who wish? This is final action. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 'aye', 0 voting 'no', 4 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Churchill in the Chair."

"Representative Churchill in the Chair. On the Order of House Bills - Third Reading. Mr. Clerk, please read House Bill 2612. The Chair recognizes the Gentleman from Williamson, Representative Woolard."

"House Bill..." 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996

"I'm sorry, was that, you have a thumb moving there. I wasn't quite sure what that thumb was. Is there a choke sign?"

"Mr. Speaker, I really appreciate the fact that we're back to 2612. We're still trying to finalize some negotiations that's going on with Representative Black and myself. Could we take it out of the record temporarily?"

"Can you assure us that you and Representative Black will get together on this and get it resolved sometime very quickly here?"

"We're working on it diligently."

"Out of the record. Mr. Clerk, please read House Bill 2741."

"House Bill 2741, a Bill for an Act amending the Property Tax Code. Third Reading of this House Bill."

"The Chair recognizes the Gentleman from Fulton, Representative Smith."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 2741 is a Bill which corrects a problem that occurred in Fulton County and perhaps in other counties throughout the state with the Senior Citizens Property Tax Freeze. We had a situation occur with about 500 senior citizens who were denied their freeze because of a simple error in the application form. And Members may remember the confusion that existed when this Act was enacted and the deadline was extended for seniors. There was a lot of confusion, not only with senior citizens but also with assessment officials. This Act would simply state that those seniors who were denied their freeze because of a simple error in their application would be granted the freeze on that original year's assessment. They wouldn't be able to get any of the money 23  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 retroactively, but the freeze would be on the previous assessment. It's a good Bill for senior citizens. It helps a number of seniors in my district and perhaps in yours, and I would urge your consideration."

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

"Thank you. Will the Sponsor yield?"

"He indicates he will. Please proceed."

"Representative, first I'd like to take it off of Short Debate. I'm joined by hundreds of our colleagues to do that."

"Yes. I see that there are a significant number of hands on the Democratic side of the aisle to take this fine Democratic Bill off of Short Debate. So it's off Short Debate on regular Debate."

"Thank you. Thank you. To the Sponsor. Sir, would it be fair to say that this is your first Bill?"

"Representative Smith, is this your first Bill? He wasn't listening to you, Representative Lang. So I just thought I'd ask."

"It might be. Yes."

"Representative Lang."

"Well, why do you think it took you like a year and a half to get your first Bill on the board? Do you think it would have taken you that long if there was a Democratic Speaker?"

"Representative Smith."

"I'm not sure, Representative. I'm just pleased to be able to have this opportunity today."

"Representative Lang."

"I will tell you that all of us on this side of the aisle are proud of you because you don't need 93 staff people 24  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 around you to explain your Bill like others may do over there. So, you know, and Ron's just sort of standing, whistling behind you, so he's there. You know all about this Bill, don't you?"

"Representative Smith."

"That's right, Representative. We worked hard on this Bill but Ron is worth 93 staff members."

"Representative Lang."

"Thank you. So what the heck does this Bill do, Representative?"

"Representative Smith."

"This Bill helps senior citizens in my county and perhaps in other counties throughout the state who were denied the property tax freeze."

"Representative Lang."

"You know what? Mr. Dart was talking to me about his bagel and I didn't hear a word you said. So you need to repeat it for me."

"Representative Smith."

"This is a good Bill for senior citizens."

"Representative Lang."

"You know, you've been listening to those guys explain Bills. That's the way these guys explain Bills. It's a good Bill for senior citizens. This isn't a shell Bill, is it Representative?"

"Representative Smith."

"No, Representative. This is not a shell Bill."

"Representative Lang."

"And we do have your commitment that you won't put the Governor's tax increase on it when it goes over to the Senate, don't we?"

"Representative Smith." 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Yes, you do, Representative."

"Representative Lang."

"I see, oh are you signing autographs there? What are you doing as we're debating your Bill, Sir? You have a very important piece of legislation here and you're signing things."

"Representative Smith."

"It appears, Representative Lang, that this is a very popular piece of legislation and I hope that that means we'll have your support also."

"Representative Lang."

"Well, what do you have, a series of Republicans that want to be on your Bill? Is that what you're signing there? Members of the Republican Party would like to join you in this good Bill for senior citizens?"

"Representative Smith."

"Yes."

"Representative Lang."

"This is very good. You've learned so much from them, watching them for this year and a half. This is great. Let me ask you a question. Your predecessor, Mr. Homer, is this a Bill that he worked on with you? Or is this like your own creation?"

"Representative Smith."

"No. I'm happy to say this is my own creation. Yes."

"Representative Lang."

"Well, to the Bill. I thank the Sponsor for his answers. I think we have to be very careful about a Bill that comes from a Sponsor who can't explain it very well. I think we have to be very careful about a Bill that doesn't really have anything to it except that it's good for seniors. And I think we have to be particularly careful about a Bill 26  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 with a Democratic Sponsor that the Republicans seem to want to get on. This could have a lot to do with the Governor's proposal to collapse you know, 75 state agencies into one or the Education Amendment, or any number of things. So I think we have to be really careful. I respect the Sponsor for his efforts but I need to hear more in debate and I hope there will be more scintillating questions than the ones I've just asked."

"Further discussion? The Gentleman from Kane, Representative Hoeft. Representative Hoeft, you have Representative Cross' mike."

"Thank you, Mr. Speaker. A serious question here and I want a straight answer. Is there a conflict of interest here? Are you one of the senior citizens getting this tax break?"

"Representative Smith."

"That's a good question. Thank you, Representative. But I don't believe there is a conflict. No."

"Representative Hoeft."

"You know, I don't know if I should go into birth certificates and that sort of thing but it seems to me that this ought to be investigated more thoroughly before we vote because his appearance definitely looks like he needs to have a tax break for the senior citizen status."

"Further discussion? The Gentleman from Cook, Representative Schoenberg."

"Thank you, Mr. Speaker. I first would like to preface my remarks by saying that Mr. Smith, under a Democratic Speaker, I think it took me about a year and a half to get my first Bill passed so I am certainly sympathetic. All kidding aside, Mr. Smith, and I know the job has certainly aged you, I have a question for the 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day Sponsor."

"He indicates he'll yield.

"Mr. Smith, how egregious assessor's error?" March 29, 1996 Please proceed." was this township

"Representative Smith."

"Representative, it was very serious. About 500 seniors were denied the freeze. We're really talking about an error in just putting the wrong year at the top of the form."

"Representative Schoenberg."

"Mr. Smith, are you aware of any other such errors that were made throughout this state as a result of the confusion?"

"Representative Smith."

"To the best of my knowledge, no. I represent parts of four counties. I've checked with the three other counties that I represent and they didn't have a significant problem."

"Representative Schoenberg."

"Thank you. To the Bill, I vividly remember the confusion that ensued as far as when the Senior Citizens Property Tax Rate Freeze was going to apply. It was on legislation that I was the Chief Sponsor on in the House, that State Treasurer Topinka was the Chief Sponsor of in the Senate. And the confusion occurred as a result of the Governor's Amendatory Veto. I remember assessors in Cook County and elsewhere were inundated with calls wanting to know if they would, indeed, be able to apply for that year. I think in light of the confusion that ensued, it's miraculous that only 500 people or so, were negatively impacted by all the confusion that occurred. I want commend the Sponsor for his thoughtful, intelligent to 28  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 approach to this issue. And I think maybe this will go a short step towards restoring a cynical public's confidence in government. Thank you."

"Further discussion? The Gentleman from Rock Island, Representative Boland."

"Will the Sponsor yield?"

"He indicates he will. Please proceed. Wait a minute. He's not sure whether he will. Oh, he will, okay. Please proceed."

"I have a couple of questions here. Representative Smith, is it not true that you are the youngest Member of this Body?"

"Representative Smith."

"Yes, I believe that is the case, Representative. At least that's what I'm told."

"Representative Boland."

"Revealing question here, is it not true that your mother told you to introduce this legislation?"

"Representative Smith, is that true?"

"That's a good question, Representative. I didn't think this was supposed to happen between your fellow freshmen classmates here but I'll remember that if Representative Boland has a Bill before us."

"Representative Boland."

"Third question here. Representative Smith, we know your slogan was 'Mr. Smith goes to Springfield.' Is this legislation going to lead to your next step, 'Mr. Smith goes to Washington?'"

"Representative Smith."

"I think that might be a violation of the copyright law that we just passed with Representative Biggert."

"Anything further, Representative Boland? Are 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day you done? March 29, 1996 There being no further discussion, Representative Smith to close."

"Thank you, Mr. Speaker. I would urge your favorable consideration of this important legislation for senior citizens in Fulton County and hopefully across the State of Illinois."

"The question is, 'Shall House Bill 2741 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? And have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'aye', 0 voting 'nay', and 0 voting 'present'. And House Bill 2741, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, notices."

"Rules Committee notice. Rules Committee will meet Friday, March 29th at 12:00 noon in the Speaker's Conference Room. Rules Committee - 12:00 noon, Speaker's Conference Room."

"Mr. Clerk, please read House Bill 2800."

"House Bill 2800, a Bill for an Act that amends the Lead Poisoning Prevention Act. Third Reading of this House Bill."

"The Chair recognizes the Lady from Cook, Representative Davis." Davis, Μ.: "Thank you, Mr. Speaker. House Bill 2800 is a piece of legislation that was passed last term but it didn't get heard in the Senate. So we're just re-introducing it. And the Bill says that where a doctor feels that a child has been exposed to lead that he can make the decision to test that child for lead poisoning when the child receives their school exam. The school exams are given at, I believe 8th 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 grade, 6th grade, 3rd grade. And if the doctor decides that a child might have been exposed because of the environment that he lives in or an environment that he comes from, that this child might have been exposed to lead poisoning, then he may give the exam."

"There being no discussion, Representative Davis, do you want to close?" Davis, M.: "I'd just ask for a favorable vote. And thank you very much."

"The question is, 'Shall House Bill 2800 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 115 voting 'aye', 0 voting 'nay', and 0 voting 'present'. And House Bill 2800, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, please read House Bill 2927."

"House Bill 2927, a Bill for an Act that amends the Illinois Insurance Code. Third Reading of this House Bill."

"The Chair recognizes the Gentleman from McLean, Representative Brady."

"Thank you, Mr. Speaker and Ladies and Gentlemen. This Bill amends the makeup of the Illinois Insurance Exchange Membership. Presently, there are 4 public trustees and 9 subscriber trustees. We are changing it to 5 public trustees and 8 subscriber trustees. We are also removing the requirement that the public members cannot be insurers or brokers or employees of broker insurers. The reason for this legislation is there's been difficulty in obtaining qualified individuals to serve on this Exchange Board. And 31  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 I ask for your favorable vote. This Bill passed 22 'yes' without any opposition in Committee."

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

"Thank you. Will the Sponsor yield?"

"He indicates he will. Please proceed."

"Thank you. Representative, you're changing the number of trustees to 5 from 4. Why that change, Sir?"

"Representative Brady."

"Representative, the only reason that I can give you is that we are increasing the qualifications to be a public trustee, stating that you can be a member of the industry, so to speak. You still can't be a subscriber. And in so doing, we thought it might be a good idea to increase the number of public trustees."

"Representative Lang."

"But you're raising it by one. Why not raise it to 7 or 13 or 139? I mean, why from 4 to 5? Is there a particular reason for that?"

"Representative Brady."

"We simply thought that it would make up a better membership by having less subscribers, providing the other provision which we are."

"Representative Lang."

"Why is it you want the public members off of this Board?"

"Representative Brady."

"I'm sorry, Representative. What was the question?"

"Representative Lang."

"Your changes, if I'm reading them correctly, take the public members off this Board. Why are we doing that?"

"Representative Brady."

"That's not correct, Representative. We're increasing by 32  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 one, the number of public members. We're simply allowing though, those public members to have a background that deals specifically in insurance."

"Representative Lang."

"Representative, was there any opposition to this Bill in Committee?"

"Representative Brady."

"None."

"Representative Lang."

"All right. So this Bill would allow the members that are appointed to be members of the insurance industry rather than members of the private sector. Is that at all like allowing the 'fox to guard the chicken coop'? Or am I misreading this?"

"Representative Brady."

"I believe you're misreading it, Representative. They can still be members of the private sector. But what it does allow, it allows people with insurance backgrounds to give opinions, and they aren't 'foxes' as you would use, because they aren't subscribers. We're still preventing them from being subscribers."

"Representative Lang."

"So will this limit public oversight at all from people who are not directly involved in the industry, people that might gain knowledge and have a different perspective than perhaps the people in the industry would have?"

"Representative Brady."

"I think one could make an argument that there wouldn't be a requirement to have people who have no knowledge of insurance on the board. The purpose of this is to provide risk management where it cannot be sought in other ways. I think it would be better to have more people who have 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day March 29, 1996 insurance backgrounds helping the Board make decisions than what is the present situation. And as I said, we've had difficulty finding qualified members willing to serve, and that's the reason for this change."

"Representative Lang."

"The Illinois Insurance Exchange apparently has complained that the current public members lack sufficient knowledge to really know what they're doing on this Board. Did they testify to that in Committee?"

"Representative Brady."

"If your question was, 'Did they testify in Committee?' The answer is 'no'. They had a representative who testified in Committee on their behalf."

"Representative Lang."

"Thank you."

"There being no further discussion, Representative Brady to close."

"Thank you, Mr. Speaker. I ask for your favorable vote."

"The question is, 'Shall House Bill 2927 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 115 voting 'aye', 0 voting 'nay' and 0 voting 'present'. And House Bill 2927, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, please read House Bill 3161."

"House Bill 3161, a Bill for an Act that amends the Environmental Protection Act. Third Reading of this House Bill."

"The Chair recognizes the Gentleman from DuPage, Representative Persico." 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

March 29, 1996 "Thank you, Mr. Speaker, Members of the House. House Bill 3161 amends the Environmental Protection Act to create the Environmental Management System Agreement Program. It provides that the agency may enter into agreement with persons regulated under the Act to implement alternative environmental measures that achieve one or more of the purposes of the Act. An agreement may be inconsistent with certain portions of the Act if the agreement is more stringent than the Act. It provides for the deposit of payments made in connection with nonperformance and their in agreement into the Environmental Protection Permit and Inspection Fund. This Act will sunset on December 31st, 2001. It's an Act that some companies want to try out new and more cost effective ways to achieve and continue environmental improvement of the facility. For example, 3M has proposed 'a beyond compliance project' at their Bedford Park facility. I would urge your support of House Bill 3161 and would be happy to answer any questions you might have."

"Is there any discussion? The Chair recognizes the Gentleman from Bureau, Representative Mautino."

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

"He indicates he will. Please proceed."

"Would any of the changes that you're making here have an effect on for example, the agreement in a Brownsfield situation, an agreement between the industry and the between the Environmental Protection Agency on how to clean up a site?"

"Representative Persico."

"No, Representative. It will not."

"Representative Mautino." 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

March 29, 1996 "What specifically, what types of agreements would be affected here? Could you give me a practical example for what the changes you're going to make is going to do?"

"Representative Persico."

"Representative, this is a voluntary pilot program and this is how it would work. Agreements may be entered into with any person regulated or under the Environmental Protection Act. An applicant must submit a written proposal, EMS to the agency. The agency then has 120 days to review it. Failure to notify the applicant is deemed a rejection. Participation is at the discretion of the agency in limit to those persons who have submitted an Environmental Management System Agreement that is acceptable to the agency. These agreements must achieve emissions or waste discharge reductions beyond the otherwise applicable statutory and regulatory requirements. In other words, they have to move beyond compliance in order to get one of these permits from the EPA."

"Representative Mautino."

"Would this be applicable in a cleanup site, for example, a hazardous waste cleanup site or a chemical cleanup site? Is this saying that this would have to go further than the IEPA standards in order to be acceptable?"

"Representative Persico."

"No, Representative. This has nothing to do with cleanups or hazardous waste cleanups. It just deals with companies that want to go beyond compliance in meeting their reductions."

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

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" 36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"He indicates that he will. Please proceed."

"Representative, is there anything in the Act, the proposed Act that would, what if a party or the parties want to enter into an agreement that is more stringent than what you are allowing in the Bill? Can they do that?"

"Representative Persico."

"Representative, that's the whole point of this pilot program, that when they do enter into these agreements with the EPA, that they're going to go beyond compliance, the more stringent measures."

"Representative Black."

"Would there be anything in this Act that would allow a governmental entity to enter into an agreement SO as to create a transfer station separating out the recyclables, then sending the solid waste to a landfill in another region of the state?"

"Representative Persico."

"No, Representative. There's nothing in the Act that will allow that, nor will there be anything dealing with tipping fees on transfer stations."

"Representative Black."

"How did you know that was my next question? Well, since you've already answered all my questions, I appreciate your time and patience. Thank you."

"Further discussion? The Gentleman from Kankakee, Representative Novak."

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

"He indicates he will. Please proceed."

"Representative Persico, can we have your word that there isn't any language snuck in this Bill that pertains to the reimposition of the Retail Rate Law? Is it in here anywhere?" 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Representative Persico." March 29, 1996

"Representative, is that a law that we've already dealt with this year?"

"Representative Novak."

"Well, you know what they say, I mean I'm quoting the Governor or Mike Lawrence, his press secretary, 'Nothing is ever dead in Springfield, not even a tax increase'. So, we know the Retail Rate Law is dead, but it's not in here anywhere is it for the record?"

"Representative Persico."

"No, Representative. There is nothing dealing with the Retail Rate Law in this legislation."

"Representative Novak."

"I'm sure we can all breathe a sigh of relief on that. But I do have a few questions, Representative. Does this legislation mirror a federal program that currently exists?"

"Representative Persico."

"Yes, Representative. This legislation is modeled after programs promoted by the USEPA under the banners of the Excel and Environmental Leadership Programs."

"Representative Novak."

"Does the federal program address all types of environmental pollution, meaning air pollution, water pollution, could you be a little specific please?"

"Representative Persico."

"Representative, this federal program allows applicants to address all areas with which they may be permitted, including land, water and air permits go beyond compliance. These programs allow an applicant to address as many or as few permitted operations that they may have."

"Representative Novak." 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 lllth Legislative Day

"Thank you. And this is a voluntary program. Correct?"

"Representative Persico."

"That is correct. It's strictly voluntary."

"Representative Novak."

"Is there a sunset date for this voluntary program? How many years will it be?"

"Representative Persico."

"Representative, the agency's authority to enter into initial agreements expires on December 31st, the year 2001. However, an initial agreement may be renewed for five year periods after this time if the agency finds the agreement continues to meet applicable requirements."

"Representative Novak."

"Thank you. Thank you, Representative. Does this legislation require a demonstration of over-compliance with current environmental law before a business can participate in the pilot program?"

"Representative Persico."

"Representative, this is not required for participation but it is the goal of this program. If a company is now demonstrating over compliance, this would certainly help with their application process."

"Mr. Clerk, is there an announcement?"

"Rules Committee will meet immediately in the Speaker's Conference Room. Rules Committee, immediately in the Speaker's Conference Room."

"Representative Novak. And Representative Biggert in the Chair."

"Thank you, Mr. Speaker. Will this Bill provide a strong incentive for companies to improve their compliance with state and federal environmental regulations?"

"Representative Persico." 39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Absolutely, Representative. March 29, 1996 One important benefit for companies is the flexibility offered through such agreements. This will afford businesses greater options in meeting environmental standards while not sacrificing environmental safety."

"Representative Novak."

"Do any environmental groups such as the Illinois Environmental Council support this legislation?"

"Representative Persico."

"Yes, Representative. The Illinois Environmental Council is in support of this legislation."

"Representative Novak."

"I understand there is an account fund for air emissions allowances provided for in this Bill. Why do we need to create a new fund in the state treasury?"

"Representative Persico."

"Representative, as you know, last Session Senate Bill 460 created an Emission Reduction Market System. As that Bill progressed through the legislative process, several provisions were identified that needed to be added to this system. One provision was the creation of this fund that participating sources may use as a last resort for compliance purposes. The fund will handle the moneys from purchases of emissions trading unit. No state funds are involved in these transactions since the moneys all come from participating sources."

"Representative Novak. Your time is just about to expire."

"Is there a set fee we have here at all on this fund?"

"Representative Persico."

"No there is not, Representative."

"Representative Novak." 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE

Illth Legislative Day Novak: "What moneys March 29, 1996 will be deposited into this fund? And how will these funds be spent by the agency?"

"Representative Persico."

"Representative, the funds will come from participating trading credits. The agency..."

"Proceed, Representative Persico."

"As I mentioned, Representative, these funds will come from participating trading credits. The agency will take a small amount of market to have available to sell if someone cannot obtain credits from another party. These credits will be sold at a premium. The agency also will take steps to replenish credits in the account."

"Representative Novak."

"Thank you, Madam Speaker. Representative Persico, this is a great Bill and I'm glad to be a Cosponsor with you. I don't, although I don't see my name, but I understand I am a Cosponsor. However, I think we need to do more to encourage legislation like this in the State of Illinois, especially with the EPA. I think businesses recognize that we have some very, very strict, tough regulations on the federal level and on the state level. And I think they should stay strict and tough when it comes to public health and public safety matters. But we should do all we can to encourage businesses, those businesses that deal with the EPA to sit down on a voluntary basis to come together and encourage each other to..."

"Proceed, Representative Novak."

"I'd just ask my colleagues to support this worthwhile legislation."

"The Gentleman from Cook, Representative Balthis."

"Thank you, Madam Speaker, Ladies and Gentlemen of the 41  111th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 House. Will the Sponsor yield?"

"He indicates he will."

"Representative, I heard the Retail Rate Law mentioned by a former speaker. Having a little bit of interest in that, there's nothing in here that deals with that issue?"

"Representative Persico."

"No, as the previous speaker asked, there is nothing dealing with the Retail Rate Law in this piece of legislation."

"Representative Balthis."

"Well, I was prepared to support your Bill if it was going to reinstate that. Representative, this pilot program, the agency has to promulgate rules for this. Can they authorize someone to start up in this program prior to those rules being promulgated?"

"Representative Persico."

"Representative, there are two projects that have already initially begun this, and they are allowed to go ahead and do that. But then the agency will after that do that."

"Representative Balthis."

"Are these rules going to have to go through JCAR?"

"Representative Persico."

"Yes, they will."

"Representative Balthis."

"Representative, I noticed in here if the agency makes a decision to reject a proposal, that there's no way for the applicant to appeal that."

"Representative Persico."

"You are absolutely correct. There is no appeal process."

"Representative Balthis." 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

March 29, 1996 "So if I'm convinced that I have met all of the criteria to get into this program and there is money available and so on, there's no way that I can go beyond the agency? This is just simply the end of it."

"Representative Persico."

"That's correct, Representative. This is a voluntary program but the agency has, you know, discretion on whether to proceed forward or not."

"Representative Balthis."

"Representative, has the agency put together any ideas so far of the criteria that a person is going to have to, an applicant is going to have to meet in order to go through this?"

"Representative Persico."

"Representative, again, a part of the initial response of this legislation came from the IEPA as well as two companies, 3M and Safety Clean. And those companies are going to be allowed to proceed. But after that, the rules and regs will be done by JCAR."

"Representative Balthis."

"Under Section 5 here, at least in the thing it talks about, specify the procedures for voluntary termination. Is that by the agency? Could the agency voluntarily terminate it or could the applicant terminate it?"

"Representative Persico."

"Representative, the companies that requested this permit can voluntarily stop the program. But again they still have to meet the regular standards of cleanup. This is to go beyond compliance, this program."

"Representative Balthis."

"Could you give me a list of the people that are proponents and opponents of this Bill?" 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Representative Persico."

"Yes, Representative. Besides March 29, 1996 the Illinois Environmental Council which I previously mentioned, we have the State Chamber, the Chemical Industry Council, the Illinois Manufacturing Association as well as the Illinois ΕΡΑ."

"Representative Balthis."

"And what's the fiscal impact on the state for this program?"

"Representative Persico."

"Representative, there's going to be no fiscal impact on the State because participating companies will be required to pay all applicable fees and thus, this change is revenue neutral."

"Representative Balthis."

"Thank you, Representative. I'll be happy to support your Bill."

"Thank you, Representative. The Representative from Kendall, Representative Cross."

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

"He indicates he will."

"Representative, we might have missed some of your answers over here and I apologize for that. Can you tell us where the Farm Bureau is on this Bill?"

"Representative Persico."

"Representative, the Farm Bureau did not file a slip either in opposition or being neutral or in favor of this piece of legislation."

"Representative Cross."

"Can you explain to the Members of this Body why?"

"Representative Persico."

"I think they were more concerned about their Ethanol 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day Bills."

"Representative Cross."

March 29, 1996 "Representative, where are the beer distributors on this Bill? Are they supportive of it?"

"Representative Persico."

"Representative, as far as I know, the beer distributors are neutral on this Bill. with the Farm Bureau."

And they're probably working Speaker Biggert: "Representative Cross."

"Representative, you are creating an Alternative Compliance Market Account Fund. Is that correct?"

"Representative Persico."

"Representative, if you would be so kind to repeat your question?"

"Representative Cross."

"Several of us were discussing this Bill last night at dinner. I f I recall correctly, the issue of this Alternative Compliance Market Account Fund came up at dinner. Can you explain that to us a little bit?"

"Representative Persico."

"Representative, and I am sorry that you were unable to hear this answer during the previous part of this testimony. But last year we passed Senate Bill 460 which created an Emissions Reduction Market System and we needed a fund in order to be able to participate in this program. And that's what this will do."

"Representative Cross."

"One of the other questions that came up at dinner last night, Representative was, what's the genesis of this Bill? Has there been a problem in your district? Is it something that you came up with on your own? Is it something that your students in school suggested? What's the genesis of 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day this Bill?"

"Representative Persico."

March 29, 1996 "Representative, you must have had a very long and boring dinner last night, first of all. But secondly, this Bill was not from me or from my students but it was a program that 3M and Safety Clean wanted to have this voluntary pilot program to move beyond compliance and try new, innovative ways to solve these problems that we have. And so that's where the genesis of this Bill came from."

"Representative Cross."

"Appreciate your honesty on these questions, Representative. And it was a long dinner but we debated your Bill in great detail. Can you tell us what the United States EPA has said about this particular Bill? Have you talked with them and are they supporting the Bill?"

"Representative Persico."

"Representative, I haven't had the opportunity to talk to the USEPA, but the Illinois EPA has always been in very close contact with them. And since this was part of their Bill, this is an initiative of them because it is such a great and new innovative program, we have been in very close contact on that level."

"Representative Cross."

"So, Representative, this is not a Bill that we're going to address under common sense day I take it. Is this a Bill we're going to give at least a couple years under this pilot program? How long are we going to give it a try?"

"Representative Cross, your time is about to expire."

"Thank you. I'm sorry to hear that. Representative you were or Madam Speaker, you were at dinner last night. I remember. I think you'll recall these questions we had. 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 So I'm just trying to make sure that we get some answers. I appreciate the Sponsor's indulgence. And it looks like a real good Bill, Representative. Thank you."

"Thank you, Representative Cross. We had a very lively discussion about this Bill last night. The Gentleman from Cook, Representative Durkin."

"Will the Sponsor yield?"

"He indicates he will."

"Representative, just recently there's been a groundswell of concerns brought before us in the 44th District, and I'm particularly concerned about their interests, particularly since I have Oak Park in that district and we all know that it is an environmental friendly area. What can I tell them is going to curb their concerns and make them more at ease with some of the environmental issues which are brought about in this Bill?"

"Representative Persico."

"Representative, you can go back to your district and be very proud of being able to support this piece of legislation because not only does the Illinois Environmental Council support it, as well as various industries, but it's a program designed to move beyond compliance. And this is again, a voluntary program but one that is very innovative and one that I think you're going to proud to say that you supported. And you will probably use it in all your reelection bids."

"Representative Durkin."

"Does the Sierra Club endorse this measure?"

"Representative Persico."

"Representative, we haven't heard from the Sierra Club, but there are many safeguards in this Bill so I'm sure they would be in support of this Bill." 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Representative Durkin." March 29, 1996

"As much as Representative Cross has a great respect for the Farm Bureau, I have a great respect for the West Central Municipal Conference. Do you know what there position on this is?"

"Representative Persico."

"Representative, I think they have the same position as the Illinois Farm Bureau, which is neutral."

"Representative Durkin."

"Have you heard from the Rotaries International?"

"Representative Persico."

"No, Representative, I haven't heard from Rotary, but as a member of Kiwanis and talking to the members of Kiwanis group in Glen Ellyn, they are very supportive of this particular piece of legislation."

"Representative Durkin, your time is about to expire."

"Do you anticipate any fiscal...any impact on the Department of Corrections, with this measure?"

"Representative Persico."

"Not that I am aware of, Representative. I don't believe that there is going to be any fiscal impact on the Department of Corrections."

"Representative Durkin."

"I'm going to sleep real well tonight, knowing that Representative, and I think this is an outstanding piece of legislation. And I commend our Sponsor, Representative Persico for having the intestinal fortitude to move forward with this legislation..."

"Thank you Representative. The Gentleman from Cook, Representative Hassert."

"Will the Sponsor yield please, Madam Speaker?" 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day

"He indicates he will." March 29, 1996 "Representative Persico, as I remember about two weeks ago at the Cracker Barrel in Bloomington, you had promised me that I would be second hyphenated Sponsor on this Bill."

"Representative Persico."

"Representative, you are absolutely wrong in that recollection. I have had about 14 slips come this way since I began this particular piece of legislation, because everybody realizes it's not only a new and innovative piece of legislation, but it's one that we're going to all be able to go back to our districts and hang our hats on. Now, my understanding that it was three are four or five people before you because you failed to turn a slip into me to sign."

"Representative Hassert."

"Representative Persico, I beg to differ with you. As Vice-Chairman of the committee I'd like to ask you another question. Is it possible that I could ever Sponsor an Environmental Bill coming out of your committee?"

"Representative Persico."

"Representative, you know as well as I do that I am always more than willing to give you pieces of legislation and you have done a fine job when you have had that opportunity to Sponsor. Fortunately, on a more selfish level, since this piece of legislation is a great piece of legislation, this was one that I was not going to give to you."

"Representative Hassert."

"Representative, I just want to know why I was 'Gashed' off the sponsorship of this Bill?"

"Representative Persico."

"Representative, through no fault of my own would I ever 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 remove you as a Cosponsor of this particular piece of legislation. As you remember from other pieces of legislation, it usually goes Persico, Novak, Hassert, how Representative Spangler got in there I really don't know. I do remember signing a piece of legislation, but I thought he was about 30th down the row in terms of Cosponsors."

"Representative Hassert, your time is about to expire."

"Well, I'd just like to say I see as being Vice-Chairman of this committee that the pecking order is getting longer and longer and longer, SO I wish just Representative Persico next time..."

"Representative Woolard."

"Madam Speaker, thank you very much. I'd like to Move the previous question if I may."

"The question is, 'Shall the main question be put?' All those in favor say 'aye'. All those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Representative Persico to close."

"Thank you, Madam Speaker, Members of the House. House Bill 3161 is a good program. It's an innovative way to go beyond compliance. I know that there are many people that would like to be added as Co-Sponsors and we will figure all that out when it finally and hopefully gets enough votes. So, I urge your consideration for House Bill 3161."

"Thank you. The question is 'Shall House Bill 3161 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 114 voting 'aye', 0 voting 'nay', 0 voting 'present'. And this Bill, having received a 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 Constitutional Majority, is hereby declared passed. Committee Reports Mr. Clerk."

"Representative Churchill, Chairman from the Committee on Rules, to which the following Amendments were referred, action taken on March 29, 1996, reported the same back: 'do approve for consideration' to the Floor, Floor Amendment #9 to House Bill 3455. And Floor Amendment #2 to House Bill 2963.

"Mr. Clerk, on page 11 of the Calendar appears House Bill 2734. Please read the Bill."

"House Bill 2734. This Bill has been read a third time previously and is on the order of Consideration Postponed."

"The Lady from McHenry, Representative Hughes."

"Thank you, Madam Speaker. House Bill 2734 was discussed by this Body about three weeks ago and I will try to be very brief and just remind you of the highlights. This is a permissive Bill affecting conservation districts in Illinois. It provides for the change from appointed trustees to elected trustees through a referendum process by those voters and taxpayers who are financing the conservation district. This is an exception to elected boards accountable to the public having substantial taxing and bonding authority. As I said, it is permissive. This Bill is supported by United Counties Council of Illinois, and by the Farm Bureau. I am aware...have correspondence from members of two of the five conservation district boards in the State of Illinois who are opposed to this and saying, if it ain't broke, don't fix it.' My response to that is, 'If it ain't broke the voters will not want to change the system from an appointed to an elected board. Again, it does one thing, it provides the opportunity by 51  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 referendum for these boards to be elected. And does so with an assurance that there will be geographic representation on those boards. Thank you."

"Representative Lang, for what purpose do you rise?"

"Thank you. A point of inquiry, Madam Speaker. May I state it?"

"Please state it."

"Thank you. Madam Speaker, we voted on this Bill previously and defeated it. We've got many, many, many other Bills on the Calendar that deserve the attention of this House. We've got an education system in chaos in our state that we can't fund. We've got a budget that we're working on that we'd like to see. Why are we voting on a Bill a second time before we address all these other issues?"

"Representative Lang, this BIll was not defeated. It's on Postponed Consideration and we're proceeding with it now. Thank you. The Gentleman from Bureau, Representative Mautino."

"Thank you, Madam Speaker. You are correct. It wasn't defeated, it just didn't get enough votes to pass. So, we're back addressing the same issue. Representative, have there been any changes in this Bill since we last discussed it. Now, you are taking and basically applying this to all conservation districts. Or have you amended or changed the Bill to affect the district which has the problem?"

"Representative Hughes."

"I have not changed the Bill. I do not believe that this Bill creates problems for any district. There is no mandate. It merely provides an option for conservation districts that exist on the books for several other local 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 taxing bodies, such as fire districts and drainage districts. It will be utilized only in those instances where the taxpayers feel that they are not being-well served by those who are appointed rather than elected."

"Representative Mautino."

"Now, I understand that your district does have a problem because the board has gone out and issued bonds. You're under the tax caps, which have been imposed. Now, there are those of us throughout the state that do not want the tax caps and the problems they bring with them. Now, what you're doing in this instance is taking, in my instance, Putnam County, which is the smallest county in the state and cannot even fill the positions that are currently there. We currently do not have an executive director. It has been run responsibly. And changing and putting the potential of additional cost and a mandate on the county government. The County Board is against this, the Clerk is against this. I've had calls from people in the other conservation districts who you are going to be affecting. Now, what I ask to you and I would ask you to take this Bill out of the record and address it to your district. I understand you have a problem. And there's been a long standing practice when a Member has a problem in their district, allow them to correct it in their district. You are affecting other districts where this problem does not occur. And to you we say, 'There is no need to impose additional cost onto the people of these districts providing...basically, if it ain't broke, don't fix it' is correct. We have been very successful. There are other Representatives whose districts are affected, who are in opposition to this Bill. So, why not address it to a problem that has been created in your area by the tax 53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 caps and by allowing those taxing bodies to reissue bonds that gave you this problem. It doesn't affect us downstate. Our districts run well. The people running them have done an excellent job, and we would like to keep it that way. So, address your problem, but do it for your area. Don't affect those of us who have been sent down here to represent our districts and we are not having the problems that you are. So, I would ask that you would take this out of the record. Otherwise, I would ask my colleagues to not allow the Representative to impose a problem from her district on to the other conservation districts where it does not exist now. I understand what you're trying to do for your district. Fix your district, but do not create problems in districts where they don't belong."

"No one is seeking recognition. Representative Hughes to close."

"This Bill does not impose anything upon anyone. There are Members on both sides of the aisle. There are Conservation District Board Members who have no problem with this Bill. What this Bill does is provide an opportunity in those instances where the taxpayers desire to provide for elected board. It allows for, in those instances where people wish, for them to be more direct participants in a system which can impose substantial taxes upon them. This is a Bill for good government, for more open government, for greater accountability. I urge a 'yes' vote. Thank you."

"Thank you. The question is, 'Shall House Bill 2734 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? 54  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day March 29, 1996 Have all voted who wish? Mr. Clerk, take the record. Representative Mautino, for what purpose do you rise?"

"Thank you Madam Speaker. Should this receive the appropriate number of votes, I would request a verification and I'm joined by the appropriate number of my colleagues."

"Thank you. On this question there are 61 voting 'aye'; 49 voting 'nay' and 2 voting 'present'. This Bill having received the appropriate number and a verification requested. The Members will please be in their chairs. The Clerk will verify the affirmative vote. Mr. Clerk, call the affirmative vote.

"The poll of those voting in the affirmative: Ackerman. Balthis. Biggert. Biggins. Bost. Brady. Churchill. Ciarlo. Clayton. Cowlishaw. Cross. Deuchler. Doody. Durkin. Gash. Goslin. Hassert. Hoeft. Howard. Hughes. Johnson, Tim. Johnson, Tom. Klingler. Krause. Kubik. Lachner. Lawfer. Leitch. Lindner. Lyons. McAuliffe. Meyer. Moffitt. Moore, Andrea. Mulligan. Murphy, Maureen. Myers. Noland. O'Connor. Pankau. Parke. Pedersen. Persico. Poe. Roskam. Rutherford. Ryder. Saviano. Skinner. Spangler. Stephens. Tenhouse. Turner, John. Wait. Wennlund. Winkel. Winters. Wirsing. Wojcik. Zickus, and Mr. Speaker.

"Representative Mautino, do Representative Ryder and Representative Tim Johnson have leave to be verified? Thank you. Representative Mautino, Representative Tenhouse and Representative Clayton, and Representative Meyer. Thank you. Representative Mautino, are there any challenges to the 'aye' vote?"

"Yes, Representative Roskam, how is he recorded?"

"Representative, Mr. Clerk, how is Representative Roskam recorded?" 55  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day March 29, 1996

"Representative Roskam is voting 'aye'."

"Representative Mautino."

"Representative Murphy."

"Representative Murphy is right in the center aisle."

"Representative Stephens."

"Representative Stephens is in the front of the room."

"Representative Persico."

"Representative Persico is in the back."

"Representative Roskam."

"Representative Roskam. Is Representative Roskam in the chamber? Mr. Clerk, remove Representative Roskam."

"Representative Pedersen."

"Representative Mautino, Representative Roskam has just returned to the chamber. Mr Clerk, please return to the roll. Representative Pedersen. Is Representative Pedersen in the Chamber? The Gentleman is not in the Chamber. Mr. Clerk, please remove him from the roll."

"Rich Myers."

"Representative Rich Myers is in his chair."

"Representative Tenhouse."

"Representative Tenhouse was verified."

"Yes, you're right. You're right?"

"Are there further challenges?"

"No further questions."

"Thank you, Representative. On this question, there are 60 voting 'aye'; 49 voting 'nay' and two voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of House Bill 2576?" 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

March 29, 1996 "House Bill 2576 is on the order of Postponed Consideration."

"Mr. Clerk, please return the Bill to the Order of Second Reading. Mr Clerk, what is the status of House Bill 3238?"

"House Bill 3238 is on a Consent Calendar, Third Reading. The Bill has been removed from the Consent Calendar by the Sponsor."

"Mr. Clerk, please return the Bill to Second Reading. Mr. Clerk, turning to the Order of Second Reading. House Bills Second Reading. Please read House Bill 2963."

"House Bill 2963. The Bill has been read a second time previously. Floor Amendment #2, offered by Representative Wennlund, has been approved for consideration."

"Representative Wennlund is recognized for Floor Amendment #2."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 is the result of a long series of working with the Illinois State Police and other police agencies to clarify a difficult problem, since more than half of the vehicles sold in America in the last year were either sport utility vehicles like Jeeps, Vans Astrovans Ford Explorers, Yukons or pickup trucks. It needed a clarification as to a definition for what's immediately accessible when transporting a firearm. And what the Amendment does and the State Police have agreed to this, is it provides if the firearm, when carried in such a vehicle, is encased and unloaded, and in the rear most portion of the passenger compartment, then that is a perfectly legal way to carry a firearm. Prior to this, you would have been 57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 guilty of a Class IV Felony for merely transporting a firearm in a sport utility vehicle or a pickup truck. This clarifies it so that you are not a Class 4 felon for merely transporting it in the vehicle, providing it's unloaded and providing that it is encased in some type of a normal case for transporting the firearm. And I move for the adoption of the Amendment and I'd be happy to answer any questions."

"Is there any discussion on the Amendment? The Gentleman from Cook, Representative Lang."

"Thank you. Will the Sponsor yield?"

"He indicates he will."

"Representative, Mr. Black is waving and waving. I'll yield to Mr. Black as long as I get my time back."

"Representative Black, for what purpose do you rise?"

"Yes, Madam Speaker. Excuse me for the interruption. I have a young page here whose arms are about to break with all kinds of sandwiches and drinks, and he can't remember who ordered it, he thinks it was on this side of the aisle. It isn't a big enough lunch for Representative Wait. So, it's got to be somebody down here, I think. All right, there we go. Thank you. I'm sorry, Representative."

"Thank you, Representative Black. Representative Lang, we'll give you every second of your time. Proceed."

"Thank you. I don't think I'm going to need it Madam Speaker, but if I have any leftover time on this Bill, you could give it to me on a different one. Representative, do I understand that the State Police have signed off on your Amendment?"

"Representative Wennlund. Representative Lang, could you repeat your question? He's having difficulty 58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day hearing you." March 29, 1996

"Sure, my understanding is that the State Police have signed off on your Amendment. Is that correct?"

"Representative Wennlund."

"That is correct."

"Representative Lang."

"And my understanding also is that there weren't any advocacy groups of any kind that opposed your Amendment. Is that correct?"

"Representative Wennlund."

"That's correct. From day one. From the original Bill to the first Amendment to the second Amendment. None have opposed it."

"Representative Lang."

"Well, then I'm for your Amendment, too."

"Thank you. The Gentleman from Cook, Representative Dart."

"Will the Sponsor yield?"

"He indicates he will."

"Representative, I was just reading the language here. Just for clarification, last year we had a similar effort on the part of yourselves to do something similar. This language as I'm looking at it now, is quite different from that. Is that correct, in last year's version?"

"Representative Wennlund."

"That is correct. This language is quite different than that. But, what it does is it just makes law-abiding citizens who are engaged in a sporting activity still law abiding, and not Class IV Felons. It accomplishes the same result to that extent. It does not reduce penalties in other words."

"Representative Dart." 59  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

March 29, 1996 "Representative, I was just looking at the Amendment now for the first time. From the way I'm looking at it, it doesn't dramatically change existing law now. Because existing law now is for someone to be excluded from the penalties attached to possessing a firearm they presently, if they're transporting a weapon, they have to have it broken down or it's not immediately accessible. Yours says, 'in these certain types of vehicles, the gun has to be unloaded and closed in a firearm case, and is transported in the rear of the vehicle.' It requires all that, so it seems to me that you have the same safeguards that the existing law has, but this merely clarifies it, is that correct?"

"Representative Wennlund."

"That is correct. It clarifies it because over half the new vehicles sold on the road today, are vehicles without trunks. So, there's nothing you can do if you own a van, for instance. You don't have a separate compartment that's outside the vehicle like the trunk of a Cadillac or something. And, if you took a look around the Stratton Building, which I did the other day, and even around the north entrance of the Capital, Members of the General Assembly, it's more than 50% are indeed Jeeps, sport utility vehicles, and pickup trucks. Like Representative Deering used to drive."

"Representative Dart."

"Just then as a point of clarification, is there a definition somewhere in the statute as far as...or is there a common one that you can put on the record as far as what is a shipping box?"

"Representative Wennlund."

"Yes, there is a definition that's currently in the 60  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 Criminal Code. The shipping box is the box that the firearm is purchased in. In other words, when you buy one at the store, it comes in a shipping box that...and all the shipping boxes are broken down, so..."

"Representative Dart."

"Thank you. As I mentioned, Representative, this similar notion had come up last year and I was adamantly opposed to it. But, looking over the language that you have here, it looks like it's pretty well-drafted and it seems as it covers your concerns, at the same time people like myself, because the way it was drafted last year, there was a heck of a lot or room to maneuver as far as, which you know with me, I'm all for hunters. But, my concern in my area, in my district is drive-by shootings, things like that. When people have guns in the backseat, they have them under the seats. And I didn't want to do anything that was going to make those laws anymore lax, so that people would have a technical reason now they can get off when the police pull them over for having guns in the backseat, that they're using to blow away children and adults in the neighborhoods. But, the language of your Bill appears to be well-drafted and appears as if it answers both concerns very well, and I'd like to commend you for that."

"Thank you. The Gentleman from Washington, Representative Deering."

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

"He indicates he will."

"Representative, this Amendment takes care of the problem that was created when we passed the Safe Neighborhoods Bill that inadvertently...this is different that...okay, take it back. Okay, does this Amendment address the problem in the Bill, Safe Neighborhoods Bill, 61  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day with the UUW, Unlawful Use of Weapons?"

"Representative Wennlund." March 29, 1996

"Yes it does, because what it does is, anyone who carries a firearm in such a sport utility vehicle or pickup truck or van in the manner prescribed, unloaded and encased, and transported in the rearmost portion of the passenger compartment will not, in fact, be charged with either a felony or a misdemeanor. So, it does solve the problem, Representative Deering."

"Representative Deering."

"Is that a complete solution to the problem? Does it totally solve the problem?"

"Representative Wennlund."

"No, it does not, but it's the best thing we've got going, Representative Deering."

"Representative Deering."

"Now, I might have missed this question in prior debate. I noticed that you alluded to me, as far as a pickup truck, when I had the supercab. Now, what if I drive a regular pickup truck? Does this Amendment spell out as to where I can legally carry a properly encased and unloaded weapon inside the cab of that truck, or would I have to carry it in the back portion?"

"Representative Wennlund."

"Yes, it does. What it does is, it says that you can carry it in the rearmost portion of the 'passenger compartment'. So, inside the passenger compartment of the pickup, in the extended cab, you know on the seat, in the...whatever that little bench is in the back of the supercabs, or behind the seat. But, if you're carrying it that way in your pickup truck, you are legal and can legally transport a firearm as long as it's unloaded and 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day encased."

"Representative Deering."

"So, I can carry the weapon as long as it's unloaded and in a case and if I carry...say if I have my firearm behind the seat, inside a standard compartment pickup truck, a standard cab pickup truck, the weapon's behind the seat. And as long as I'm carrying ammunition, say a box of shotgun shells on the floor, in the original container, nonopened or anything, I'm legal. Is that correct?"

"Representative Wennlund."

"That's exactly correct, and you can bank my legal opinion on that."

"Representative Deering."

"Thank you, Representative, I have no further questions."

"The Gentleman from Clinton, Representative Granberg."

"Yes Madam, would the Gentleman yield?"

"He indicates he will."

"Representative Wennlund, I just heard Representative Deering ask you some questions pertaining to the Amendment. But, it was also my understanding that this does not change current law whatsoever. That was my understanding by talking with certain Representatives, that this, in fact, does not change the existing law."

"Representative Wennlund."

"Yes, it does. Existing law says, 'not immediately accessible'. This creates another category where it takes the discretion out of the officer, because it says, that anyone who is carrying a firearm that is encased and unloaded and located in the rearmost portion of the passenger compartment of a vehicle, whether it's a pickup, 63  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day March 29, 1996 or a van or a sport utility, it is lawful to transport a firearm in that manner. Before, it was not."

"Representative Granberg."

"Representative Wennlund, does the National Rifle Association have an opinion on this Amendment?"

"Representative Wennlund."

"They like everything I do."

"Representative Granberg."

"I'm not sure how far we should delve into that, but I was also informed that they were no longer proponents of this legislation, because that was their opinion that this did nothing to existing law. Can you comment on that?"

"Representative Wennlund."

"No, the Illinois State Rifle Association and the National Rifle Association are in full support of this change to make law-abiding citizens out of people who transport firearms in sport utility vehicles and trucks. They are totally in support of it."

"Representative Granberg."

"Thank you, Representative Wennlund. They indicated to me that they were not, so that's why I wanted to clarify it. Thank you very much, Madam Speaker."

"Thank you. There being no further discussion, the Gentleman has moved for the adoption of Floor Amendment #2 to House Bill 2963. All those in favor say 'aye'. All those opposed. In the opinion of the Chair, the 'ayes' have it and the Motion is adopted. Any further Amendments, Mr. Clerk?"

"No further Amendments, but a Fiscal Note and a Correctional Impact Note have been requested on the Bill as amended by Amendment #2."

"Hold the Bill on Second Reading. Mr. Clerk, 64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day please read House Bill 802."

March 29, 1996 "House Bill 802, a Bill for an Act making appropriations to the Illinois Department of Corrections. The Bill has been read a second time previously. Committee Amendment #1 was adopted. Floor Amendment #2 has been referred to Rules. No note requests."

"Third Reading. House Bill 1012. Please read the Bill, Mr. Clerk."

"House Bill 1012. The Bill has been read a second time previously. Committee Amendment #1 was adopted. No Floor Amendments. No note requests."

"Third Reading. Mr. Clerk, please read House Bill 1017."

"House Bill 1017, a Bill for an Act making Appropriations to the Illinois Student Assistance Commission. Second Reading of this House Bill. Committee Amendment #1 was adopted. Committee Amendment #2 was referred to Rules. No Floor Amendments. No note requests."

"Third Reading. Mr. Clerk, please read House Bill 1080."

"House Bill 1080, a Bill for an Act making appropriations to the Department of Public Health. Second Reading of this House Bill. Committee Amendments #1, 2, 3, and 4 were adopted. Committee Amendments #5, 7, 8, and 9 were referred to Rules. Committee Amendment #6 failed. No

Floor Amendments. No note requests. Speaker Biggert: "Third Reading. Mr. Clerk, please read House Bill 3455."

"House Bill 3455. The Bill has been read a second time previously. Committee Amendments #1, 2, and 3 were adopted. Committee Amendment #4 was referred to 65  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day March 29, 1996 Rules. Committee Amendment #5 failed. Floor Amendment #6 was referred to Rules. Floor Amendment #7, offered by Representative Cross has been approved for consideration."

"Representative Cross is recognized on Floor Amendment #7."

"I'd like to withdraw Floor Amendment 7, Madam Speaker."

"Thank you."

"Floor Amendment #8 offered by Representative Cross has been approved for consideration."

"Mr. Clerk, Floor Amendment #7, please withdraw that. Okay, Representative Cross, Floor Amendment #8."

"I'd like to withdraw Floor Amendment #8."

"Mr. Clerk, please withdraw the Amendment. Any further Amendments?"

"Floor Amendment #9, offered by Representative Cross, has been approved for consideration."

"Representative Cross, on Floor Amendment #9."

"Thank you, Madam Speaker. Before I proceed to Floor Amendment #9, I'd like to table Amendment #3 that was adopted in Committee. So, I move to table Amendment #3, and then proceed with Amendment #9."

"Representative Cross has moved to table Amendment #3. Is there any discussion? And on that, Representative Granberg."

"Thank you, Madam Speaker. Will the Gentleman yield?"

"He indicates he will."

"Representative Cross, could you please briefly describe to the Body what Amendment #3 does?"

"Representative Cross."

"Thank you, Representative. Amendment #3 allowed as an exception under the eavesdropping language. It was a very simple Amendment. It's one line to allow the use of 66  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day March 29, 1996 eavesdropping in conducting opinion or marketing research. Amendment #9 gives a definition of opinion or marketing research, which we didn't have in Amendment #3. So, that's the reason for tabling Amendment #3."

"Representative Granberg."

"Representative Cross, it's my understanding the AFLCIO is opposed to Amendment #9. Are they then in favor of Amendment #3 that you're asking leave to table?"

"Representative Cross."

"Well, the focus of their opposition has not been in the area of marketing or opinion research, Representative Granberg. I don't want to speak for them. I suspect that they were in favor of...they certainly weren't opposed to Amendment #3 in Committee. As I said, their opposition is based on other parts of Amendment #9, I believe, if you want to check with them. Nine is a cleanup to 3. It gives a definition, as I said, of opinion and marketing research."

"Representative Granberg."

"Representative Cross, I'm just trying to determine whether, in fact, that we should do a Roll Call Vote on the tabling of Amendment #3. If you could just tell me if you think their position, or what the position is on Amendment #3, then we could ascertain what our options are."

"Representative Cross."

"Representative, in committee, I don't recall that they had any...that they were proponents or opponents on Amendment #3. Their concern, and maybe if you want to find out, Kurt...I don't want to..."

"Representative Granberg."

"Representative Cross, if you could just give me a few moments, I think we can resolve this issue." 67  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996

"Proceed, Representative Granberg."

"Thank you, Representative Cross. I've just consulted with the Representatives at the ALFCIO. They have no objection to your request to table Amendment #3."

"The Gentleman has moved to table Amendment #3. All those in favor say 'aye'. All those opposed say 'no'. The Motion prevails and the Amendment is tabled. Are there any further Amendments? Mr. Clerk."

"Floor Amendment #9, offered by Representative Cross has been approved for consideration."

"Representative Cross on Floor Amendment #9."

"Thank you, Madam Speaker. Representative Granberg, I do know that the AFLCIO opposes a part of Amendment #9. The first part of Amendment #9 deals and provides a definition of what 'marketing or opinion research' means. And I think it's self-explanatory if you look at the Amendment. The second part of Amendment #9 deals with the situation of allowing eavesdropping of a company that receives phone calls in emergency situations. The concern, I believe of the AFLCIO's in that portion was that it's too vague with this definition. We have attempted to clean it up. And what we're talking about with companies, and this was introduced on the request of the management association, is companies like oil refineries that deal with chemical spills, for instance, where they get a phone call and they may need to monitor that in an emergency situation. I have talked with Representative Lang. I've talked with of representatives of the AFLCIO. I will be glad to try to continue to work with them. I happen to be Sponsoring the Senate Bill that came over. We've tried to do this in this Bill with the definition. They're not satisfied with it, but I'd be glad to sit down with them and continue try to 68  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day work as I represented to Representative Lang last night. But, I would appreciate a 'yes' vote on Floor Amendment #9."

"Thank you, Representative. Is there any discussion on that Amendment? The Lady from Cook, Representative Schakowsky."

"Thank you, Madam Speaker. Will the Sponsor yield? Well, actually first, let me ask if we could have a Roll Call Vote on this Amendment? Now, will the Sponsor yield?"

"Yes, thank you, Representative Schakowsky. Will the Sponsor yield?"

"Representative, you're well aware that the subsection (k) is the one that is causing concern to the AFLCIO and to myself. Because the purpose, I thought, of this Amendment was to make more clear who can and cannot actually conduct these kinds of eavesdropping, legal listening into employees. And it seems to me that this situation creates actually even more questions, this subsection, than are answered. For example, what is 'a full-time professional emergency response or emergency services operation?' Just what is that?"

"Representative Cross."

"Well, Representative, following those four lines in paragraph K, there's a definition, 'emergency means a...' and I don't need to read it, you have a copy of it. In committee, all we talked about was an emergency situation. The question was raised about what 'an emergency situation' is. And it was, I thought a valid question. This is an attempt to bring some definition to it and 'clean up' that concern. As I said earlier, when I first presented this Bill, I realized that the AFLCIO still opposes it, but to respond to your question, if you'll look at the definition 69  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 of 'emergency', we've outlined it from lines 18 to 24."

"Representative Schakowsky."

"Well, except that what kind of requirements would a corporation have to meet in order to qualify for this exemption? I mean we're creating an exemption in the law and so, where do we draw the line here? How do we know if someone can define their...and 'full-time'. We're talking 'full response operation."

"Representative Cross." I mistakenly said, professional emergency

"Representative, what we're talking about is the company, similar that as I said, the chemical company or a company all of the sudden gets...or that deals with chemical a phone call there's been a spills, maybe an oil refinery and they get that there, as I said, is an emergency, spill, there's an explosion, there's a fire, whatever the case may be. I'm not sure how else we can define 'emergency' try to include every specific instance or situation. That's the reason we defined 'emergency' the way we have. But, most of these companies have emergency service operations to deal with spills or fires or explosions." and

"Representative Schakowsky."

"Well, you referred to 'most of these companies'. So clearly you have industries and types of companies in mind. And, I guess the real question is if we're talking about oil refineries, why don't we talk about oil refineries? The reason I'm asking that is, let's say I have a business and I've got a lot of salespeople on the road. Those people can get into auto accidents. They can run out of gas. They can have all kinds of problems that someone might view as an emergency, maybe even bodily harm if 70  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 they're in a neighborhood that's unfamiliar. And SO they say, 'Well, I'm going to make you, Schakowsky, you're going to be the 'emergency service' for our company. And so any calls that you get are going to be 'emergency calls' and so therefore, could those calls be recorded?' My sense is not. Except that reading the language of this Bill, it is not clear. So why is it, I'll go back to my original question, that we don't specify the kinds of companies? I'd like to support this. I'd like to say that refineries, certainly would need this kind of 'emergency service'. Why don't we spell it out?"

"Representative Cross."

"Representative, I referred to the definition of emergency and what we talked about on that definition is, the person transmitting the communication believes that there's imminent danger of seriously bodily injury, or in which property is or is reasonably believed by that person transmitting the communication of being imminent danger or destruction. And I'm not trying to be cute with you, but the scenario of running out of gas would not fall under this scenario. There may be a better way to clean it up, but I appreciate your suggestions and I talked with Representatives from the AFLCIO..."

"Proceed."

"about specifically doing that. I don't know if we could specifically, though, Representative, outline every type of company that is engaged in this type of business. That's why we referred to 'a full professional emergency response or emergency service operation'. There may be a better way to do it. I'm willing to continue to work, as I said, on the outset of this with AFLCIO, with you. As Representative Lang, I told him yesterday I'd be glad to 71  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 sit down with him. We've done a pretty good job of tidying up. There may be a better way , and I'd be willing to listen to it."

"Representative Schakowsky."

"First of all, if there is a better way and maybe there is and we will certainly stand ready to talk with you about this. There is a Senate Bill that you're picking up that could deal with this. So, why not take this Bill out of the record and let's work on the language that will make this Bill better and more passable."

"The Gentleman from Cook, Representative Lang."

"Thank you, Madam Speaker. To the Amendment. I rise in opposition..."

"To the Amendment."

"Thank you. I rise in opposition to Floor Amendment #9. Mr. Cross and his comments about the Bill correctly stated that he and I had a conversation about this. Mr. Cross is well aware that the AFLCIO and the labor unions in this state and many other people, certainly the employees of this state, are opposed to this language because it's vague and for so many other reasons. We do have a two week break and then another week of Third Reading Bills before we hit a deadline. It seems to me, if the Sponsor wishes, there's significant time during which he could sit down with responsible opponents to his legislation and figure out a way to draft something that can pass, or that is agreeable to all parties. This particular language is vague because it really doesn't say who's covered. It doesn't say whether it applies to the emergency lines that are listed in the Bill or to all phone lines of businesses that maintain emergency services. Unlike the provisions regarding telephone solicitation, there are no standards or 72  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day safeguards such as; March 29, 1996 requiring notification to employees that recording of their conversations might occur, requiring businesses that use the monitoring systems to provide personal only telephone lines, or any kind of safeguard that would prohibit recordings from being divulged to third parties. That is in the legislation relative to 'telephone solicitation and marketing and opinion research companies'. But, it is not in this legislation as it relates to 'businesses that maintain emergency services operations', which is what this Amendment is all about. So, if the goal here of the Sponsor is to deal with the issue that was raised by the passage of the Bill during the Veto Session, relative to eavesdropping, what he has done with this Amendment is further cloud the issue and further confused the issue. The Sponsor well knows that. He knows that those who are opposed, are strongly opposed. He knows the provisions are vague, as a matter of fact, in his own comments to you, he said, 'Well, Representative I don't know how else we'd define this.' So, that's an admission that it's vague, but that he doesn't know what else to do. I would submit that there are many parties who would be willing to sit down with the Sponsor and find a way to craft legislation that will work. I believe that those who are opposed are prepared to sit down. I think they're prepared to compromise so that we're not polarized on this issue. But, I do believe that this Amendment is vague. I believe that it would not pass 'court muster'. And I believe that it's missing provisions that would exist in other portions of the Bill. And for that reason I would strongly recommend 'no' votes. Thank you."

"Thank you Representative. The Lady from Cook, 73  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 Representative Davis." Davis, M.: "Thank you, Madam Speaker. Will the Sponsor yield?"

"He indicates he will." Davis, M.: "Representative, is there anything in your Amendment that will prohibit the recording from being shared with a third party who is not a police official or judicial official? Is there anything that would prohibit that recording of that conversation from being shared with someone unknown to either party?"

"Representative Cross."

"Representative, do you mind repeating that, please?"

"Representative Davis." Davis, Μ.: "The question is, is there anything in your Amendment that will prohibit recordings from being divulged to a third party?"

"Representative Cross."

"There's some language in the underlying Bill, Representative, that prohibits that release of this in any type of legal proceeding."

"Representative Davis." Davis, M.: "But not in an emergency phone call."

"Representative Cross."

"Well, Representative, the Amendment still applies to the underlying Bill and so, the underlying Bill and the current law prohibits that."

"Representative Davis." Davis, Μ.: "Well, it's a totally different subject. You know, Ladies and Gentlemen, the problem with this piece of legislation is that someone can monitor and record your telephone conversation without your knowledge, without you having any criminal intent, and they can use that recording for any purpose they choose. Let me give you an example. 74  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 Someone calls you to solicit you to purchase a product, and you are in a very foul mood that morning, or you just jumped out of the shower. And you might not like getting that phone call, and you might say some things you didn't want anyone else to hear but the person who interrupted you. But that recording is available to anyone the person chooses to share it with who made the recording. That's what's wrong with this legislation. It is loose."

"Representative Cross."

"I'm sorry, Mr. Speaker, I didn't hear a question."

"Representative Davis, are you finished?" Davis, M.: "Thank you, Madam Speaker. I just feel that this is not a good piece of legislation. Perhaps you should do as suggested by Representative Lang. Work on it a little more carefully. Because our ability to talk on the telephone freely, without feeling that someone is recording our conversation unbeknownst to us is a freedom that we should continue to enjoy. Not only does the AFLCIO object to this legislation, there are a number of people who are also in business, who feel that this will certainly violate their ability to freely converse with other business...members of their own firm."

"Representative Davis, if I might interrupt for a minute, go to Representative Cross."

"Thank you, Madam Speaker. Let's pull it out of the record for the time being."

"All right. The Amendment will be taken out of the record. The Bill will remain on the order of Second Reading. Thank you. Mr. Clerk, please read House Bill 3706."

"House Bill 3706. The Bill has been read a second time previously. Committee Amendment #1 was 75  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 adopted. Committee Amendment #2 was referred to Rules. Committee Amendment #3 was withdrawn. Floor Amendment #4 has been referred to Rules. The Balanced Budget Note requested has been filed."

"Third Reading. The Gentleman from Whiteside, Representative Mitchell, for what purpose do you seek recognition? Representative Mitchell."

"Thank you, Madam Chairman. Back on House Bill 2734, I had pushed my green button, apparently it did not come on, and I am recorded as 'absent'. I would like the record to reflect that had I had the opportunity, I would be a 'yes' vote."

"With leave of the House, the record will SO reflect. Thank you. Announcement."

"Attention Members, yesterday you were given a memo regarding additional computer training on Monday the 15th, Monday the 22nd, and Monday the 29th. Any Members interested in the additional computer training should please sign up in the well."

"Thank you. Mr. Clerk, what is the status of House Bill 2963?"

"House Bill 2963 has been held on the order of Second Reading. Amendment #2 was adopted earlier today. A Fiscal Note and a Correctional Budget Impact Note have been requested."

"The Gentleman from Will, Representative Wennlund is recognized."

"Thank you, Madam Speaker. I move that the Fiscal Note Act, the Correctional Budget Act, and the Correctional Impact Note be ruled inapplicable."

"You've heard the Gentleman's Motion. Is there any discussion? The Gentleman from Clinton, Representative 76  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day Granberg." March 29, 1996

"Thank you, Madam Speaker. With due respect to my friend, Representative Wennlund, these do apply. Now, we have...we're going to be gone for two weeks, we're going to come back for a full week. There will probably only be about 20 Bills on the Calendar. We have time to do this. So, I'm not sure why we should waive these rules, Representative, because these are the rules for open disclosure for the governmental process to actually work. So, why don't we actually comply with the law. We don't have to waive these rules. We have plenty of time, and I would rise in opposition to the motion." "The Gentleman from Rock Island, Representative

Brunsvold. For what purpose do you rise?"

"Thank you, Madam Speaker. I stand in support of the Gentleman's Motion that these notes are inapplicable. In the situation, the Bill doesn't affect any fiscal requirements. The Bill deals only with positions of firearms and vehicles which really has no dealings with any of the notes that have been filed, and I would stand in support of the Gentleman's Motion."

"The Lady from Cook, Representative Davis." Davis, M.: "Representative, I filed a Fiscal Note on this Bill because I think it's important for residents of the State of Illinois to know what is the impact financially of allowing people to carry weapons in their cars. What is the Fiscal Impact? It certainly is applicable here. There are situations in which traffic is backed up, you know, from one end to the other, and some guy zooms past you. He zooms past you and you don't know, but he has a gun in that car. How many more people will get arrested? How many more violent occurrences will there be? How many new jails 77  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 will we have to build? How many new policemen will we need on the highway? How many state police officers will have to be placed, during heavy traffic, in the urban areas? This is an important Fiscal Impact that we have a right to know what its impact will be."

"The Gentleman from Washington, Representative Deering."

"Madam Speaker, Ladies and Gentlemen of the House, with all due respect to the prior Speaker, this Bill has nothing to do with worried about how many people are carrying guns in their cars. What this Amendment, this Bill will do is say that, I, as a law-abiding citizen can carry a gun that's legal, that I can go hunting with in my supercab pickup truck, or my Explorer, or my Blazer when I'm traveling the highways of this state. Because of a glitch in a law that we passed a. few years ago, we created a situation that can make law-abiding citizens felons in this state according to current language. This just defines it, and this is pure and simple to me. I think we should support the Gentleman's Motion."

"The Gentleman from Vermilion, Representative Black."

"Yes, thank you very much, Madam Speaker. To the Motion before us, about the inapplicability of the note, and I, too, rise in all due respect to the previous Speaker. This doesn't add anything to firearm law. From time immemorial when many of our ancestors would have to go out and hunt in order to eat, you've always been able to carry a weapon in your covered wagon, later in your car, but it was always in the trunk. The Gentleman's Bill simply reflects that currently on the market, many vehicles no longer have a trunk that is separate from the passenger space in the 78  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day vehicle. March 29, 1996 All he's doing, he's not giving anybody else any new authority to carry a weapon. He is reflecting upon the fact that the most popular vehicle being sold today are called sport utility vehicles which do not have a separate trunk. And so if you follow the old law that we never had any problems with, you carry it in the trunk, in a case, or broken down, it's fine. This simply says, if you have a vehicle that doesn't have a trunk, and you carry the gun in the same way you've been able to carry it the last 50 years, you are not a felon. You're not a felon. That's all it does. I think the Gentleman's Motion is quite in order and I would hope that we could get on with, and I would certainly move that we cast our vote at this time on whether or not the Fiscal Note is applicable."

"The Representative Representative Johnson." from Champaign, Johnson, Tim: "I move the previous question and the Motion."

"The question is, 'Shall the main question be put?' All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Gentleman has moved that the Fiscal Note and Correctional Budget Note Acts are inapplicable. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Motion prevails. Third Reading. Please read House Bill 3227."

"House Bill 3227. The Bill has been read a second time previously. Committee Amendment #1 was adopted. No Floor Amendments. A Fiscal Note, a State Mandates Note have been filed on the Bill as amended by Amendment #1."

"Third Reading. Turning to the Order of Third Reading on House Bills. Mr. Clerk, please read House Bill 79  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3227." March 29, 1996

"House Bill 3227, a Bill for an Act that Amends the Regulatory Agency Sunset Act. Third Reading of this House Bill."

"And on that Bill, the Representative from Cook, Representative Saviano." Saviano: The "Thank you, Madam Speaker and Members of the House. House Bill 3227 is the Registration Regulation Committee Bill. It has seven different provisions, all of which pretty much clean up noncontroversial agreed language. first aspect of it is a cleanup under the Marriage and Family Therapy Licensing Act, which previous to this Bill, there was a duplication of sunset provisions. This would eliminate one and set the record straight. The second aspect is that it extends the sunset of the Structural Pest Control Act to January 1, the year 2007. There are no changes in the Act. It was simply renewed. Number three, we have the design professionals cleanup, which put them into conformity, under the definitions of a professional design firm. The fourth aspect is the...it creates the advisory board of roofing contractors. The Roofing Industry License Act did not provide previously for an advisory board as other professional acts do. Number five amends the Nursing Home Administrators Licensing Disciplinary Act. Number six amends the Municipal Code and Code of Civil Procedure. And number seven waives the filing fee to the Clerk of Circuit Clerk for the Chicago Housing Authority on eviction cases. Those are the seven portions of the Bill. I would ask for a favorable vote. Thank you."

"Thank you. Is there any discussion? The Representative from Clinton, Representative Granberg." 80  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Would the Gentleman yield?"

"He indicates he will." March 29, 1996

"Representative Saviano, does this contain any money for the home health care workers?"

"Representative Saviano."

"No, it doesn't."

"Representative Granberg."

"Thank you, Representative. As you indicated, there are a number of provisions in your Bill. So, let's just walk through them a little bit slower for the Members. Provision number one, I believe, extends the Marriage and Family Therapy Licensing Act. Is that correct? Could you just tell the Members when that Act is set to expire and how long it continues?"

"Representative Saviano."

"I believe it's set to expire next year."

"Representative Granberg."

"This merely extends it until what time, Representative?"

"Representative Saviano."

"I believe the way it was stated, is the Act had a duplication of sunset dates, one this year, one next year. This takes it out so it's just sunsets next year."

"Representative Granberg."

"And the second provision extends the sunset date of the Structural Pest Control Act, which is set to sunset '96, that extends that to 2007. Is that accurate?"

"Representative Saviano."

"That is correct."

"Representative Granberg."

"Has Representative Rutherford looked at this? This is a very important regulatory role for the state, the 81  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day Structural Pest Control Act. March 29, 1996 It's very important. Representative Rutherford says, it's great, okay. Number three, I believe, you changed the registration requirement for design professionals. Is that accurate?"

"Representative Saviano."

"It wasn't changed, it was just readjusted to comply with the registration requirements of a professional design firm. And also if you'll remember in previous years with Licensure Acts, we also put in that foreign...the applicant of foreign country language in there."

"Representative Granberg."

"So, if that person is an alien, they'll be released early to go back down to Panama, with Representative O'Connor? Did he put this request into the Bill?"

"Representative Saviano."

"I guess if they pass the test of English, as a foreign language, and the test of spoken English before taking licensure examination."

"Representative Granberg." a

"Could all the residents of your district pass that law, Representative?"

"Representative Saviano."

"Probably, most of them."

"Representative Granberg."

"The next provision creates an advisory board for roofing contractors. Currently they have no advisory board for roofing contractors, and this is an essential item that the department should be involved in. So, we're going to create this board to advise roofing contractors?"

"Representative Saviano."

"What it pretty much is is obviously the department that wanted a regular board. So, this is an advisory board of 82  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 roofing contractors who are somewhat self-appointed to come up with any future legislation regarding their industry."

"Representative Granberg."

"The next provision amends the Nursing Home Administrator's Licensing Act. Now, we're exempting some license applicants from the Act. Could you please describe who they are and why that is?"

"Representative Saviano."

"Yeah, this language is somewhat different. It does exempt licensure for health care workers who work in Christian Scientists Nursing Homes. As you know, Christian Scientists, as a basic of their belief, do not believe in medical care. So, pretty much when you have a nursing home, those people just move in there to expire."

"Representative Granberg,"

"Yeah, so we're exempting those people who...let me make sure I understand this correctly, 'who rely on spiritual means and prayer for healing and accord, with the practices of a recognized church'. So, those people will no longer come under the provisions of the Act."

"Representative Saviano."

"They never did, but this just clarifies it."

"Representative Saviano."

"No."

"And the next provision gives the housing authority the ability to serve summons for forcible entry and detainer. Does that just apply to the CHA, or does that apply to all housing authorities throughout the state?"

"Representative Saviano."

"It only applies to the CHA because they have their own police force. What started that was, the Chicago Housing Authority asked for this language because, #1, they could 83  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 save money, and #2, with the Cook County Sheriff's Department doesn't have the kind of access to those units that the Chicago Housing Authority Police would have. So, they do a better job."

"Representative Granberg, if you could bring your remarks to a close."

"Thank you, and Representative, so it would apply only to the CHA, but aren't there other housing authorities in the state that have their own law enforcement officers?"

"Representative Saviano."

"There probably are, but they didn't ask for the this language, so I limited it to CHA."

"Representative Saviano... Representative Granberg."

"I know it's complicated. Representative Saviano, thank you for your time. I believe that's all entailed in the Bill, I rise in support."

"The Representative from Washington, Representative Deering. Nothing further. The Gentleman from Champaign, Representative Tim Johnson." Johnson, Tim: "If it is necessary, I move the previous question."

"The question is, 'Shall the main question be put?' All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. Representative Saviano to close."

"Thank you, Madam Speaker. I would ask for a favorable vote. Thank you."

"The question is, 'Shall House Bill 3227 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 84  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 question, there are 113 voting 'aye'; 0 voting 'nay'; 1 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. The Representative from Grundy, Representative Spangler. For what purpose do you rise?"

"Thank you, Madam Chairman, I rise on a point of personal privilege. I would like for the Body to recognize the Newark Grade School, Fourth Grade Class, if they'd stand up. They are the guests of myself and Representative Tom Cross. And their teacher is Karen Johnson."

"Representative Stephens, for what purpose do you rise?"

"Thank you, Madam Speaker, on a point of personal privilege. I'd like the Body to recognize the Triad High School mock trial team that is here in the gallery behind me. They're here for the state competitions. The finals will be held at the University of Illinois at Sangamon State tomorrow. Thank you."

"Thank you. Please welcome them. Mr. Clerk, please read House Bill 2963."

"House Bill 2963, a Bill for an Act to Amend the Criminal Code. Third Reading of this House Bill."

"Speaker Daniels in the Chair. Ladies and Gentlemen, before we go to this Bill, just a brief announcement. We're going to complete this Bill. The Democrats have then requested a caucus after this Bill is done for approximately how long, Representative Brunsvold?"

"Approximately an hour, Mr. Speaker."

"For approximately one hour. We will then return, and we'll have a couple of pieces of legislation after that, and of course, when we complete the business then we'll be able to retire for the day. So, we'll do 85  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day this go, March 29, 1996 Bill. We'll then the Republicans and the Democrats will go to caucus, and we'll come back to the Floor after that. Representative Wennlund."

"Thank you Mr. Speaker, Ladies and Gentlemen of the House. This Bill as Amended, clarifies the definition of what is immediately accessible when transporting a firearm because the majority of Americans last year have bought sport utility vehicles, pickup trucks, extended cabs, and vans that do not have trunks. That change was necessary to define when it is lawful to transport a firearm in a vehicle that does not have a trunk. And I worked with the state police to come up with a definition that they have agreed upon, that says, 'when it's encased, unloaded and in the rearmost portion of the passenger compartment of a vehicle, you are lawfully transporting that firearm. It's basically as simple as that. It does not change law, it clarifies it. And the reason is because the Safe Neighborhoods Act that we passed a couple of years ago would have made transportation in this fashion, which is the only way you can transport them, in pickup trucks or sport utility vehicles, a Class IV Felony. It clarifies the law. It's something that is long needed and I urge your favorable vote."

"Representative Lang."

"Thank you. Will the Sponsor yield?"

"He indicates he will."

"Thank you. Representative, as I understand your Bill, the real crux of this is defining the term 'immediately accessible', so that we all know who is following the law and who is not following the law. Is that correct?"

"Representative Wennlund."

"Yes, Representative Lang. That is exactly correct. 86  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 Before the definition was whatever the officer who had to stop you deemed it to be. Because it was not before defined as to what was 'immediately accessible'. If he said, 'Well, it has to be in the trunk' and you don't have a trunk in your sport utility vehicle, you're then guilty of a Class IV Felony. So, you are exactly correct."

"Representative Lang."

"That's one of the first times you've ever called me exactly correct, and I appreciate it. Let me ask you this, do these firearms have to be unloaded?"

"Representative Wennlund."

"Yes, the Bill as amended specifically provides that they are unloaded and enclosed in a firearms case, firearms carrying box, shipping box or whatever."

"Representative Lang."

"And finally, I understand that the purpose of this Bill is to make sure that those who are transporting their firearms from place to place, hunters mostly, people that own guns legally that are transporting them presumably for legal purposes, would be able to carry them in an appropriate place in their vehicle without becoming lawbreakers, is that correct?"

"Representative Wennlund."

"Again, Representative Lang, that is exactly correct."

"Representative Lang."

"Three exactly corrects. That's the hat trick, the trifecta. I'm finished."

"Further discussion, Representative Davis." Davis, M.: "Thank you, Mr. Chairman. Currently, Representative, what is the law in reference to a person carrying a weapon in their vehicle?"

"Representative Wennlund." 87  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996

"Oh, in other words, a violation of the current law results in a Class IV Felony. Three years in the slammer."

"Representative Davis." Davis, Μ.: "If a person, today, drives down the highway, and he has a firearm in his trunk or in the back of his car, he is charged with a Class IV Felony. Is that correct?"

"Representative Wennlund."

"No, that is not correct. If he has it in his trunk, it is not immediately accessible. If it is in the vehicle, it may or may not be immediately accessible, which is as Representative Lang stated, that's the core of the problem."

"Representative Davis." Davis, Μ.: "So, if he has it in the cab of his pick up truck, which offense is this?"

"Representative Wennlund."

"If he has it in the cab of his pickup truck, and it is in the rearmost portion of the passenger compartment, unloaded and encased, there is no crime."

"Representative Davis." Davis, M.: "If he's carrying it in the backseat of his car, currently, is that a crime?"

"Representative Wennlund."

"If it is either loaded or not in a case, it is a Class IV Felony. If it is unloaded and encased and in the rearmost portion of the passenger compartment, it is not a felony, nor is it a misdemeanor, under this Amendment."

"Representative Davis." Davis, M.: "So, Representative Wennlund, you want to pass a law here that says a person can carry that weapon wherever he chooses?" 88  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Representative Wennlund."

"No, apparently you didn't hear me. It specifically provides that it must be encased, unloaded, and in the rearmost portion of the passenger vehicle. If it is not, then it is a crime."

"Representative Davis."

"Representative, where would he be going...why does he need to carry this weapon with him anyway? I mean where is he headed with this weapon, on the highway?"

"Representative Wennlund."

"He could be going in many places. He could be going hunting. I could be driving over to Representative Brunsvold's house, or Representative Deering's house to show them my new shotgun. I could be going to a target range, a shooting range, the Silver Bullet here in Springfield. I could be going anywhere to engage in a lawful activity with a firearm."

"Representative Davis." Davis, M.: "Well, according to a lot of legislation that we pass in Illinois, on this General Assembly, we talk about violence that's occurring. We talk about violent crimes that occur. And it just looks like, Representative, we are giving vent to, or allowing people who might be angry, you might be on the way to Brunsvold house to do something to him. And in your car, you have a weapon, you have a weapon, and you're legally carrying this weapon to go and do harm to Representative Brunsvold. And you want legislation to be passed here today that will give you the legal right to do that."

"Representative Wennlund."

"I have the legal right to do that today, without this Bill. I have the legal right to do that today. As long as 89  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 I have a trunk. This applies in the event that you're driving a sport utility vehicle like an Explorer. You have a gun in a case, a sporting gun, for instance, unloaded and encased and in the rearmost portion of the passenger compartment, does not constitute a Class IV Felony or a Misdemeanor. It is a clarification of transportation in vehicles not having a trunk."

"Representative Davis." Davis, M.: "Representative, do you think the state police could ever be in jeopardy of a person who's very angry and is stopped because of a traffic violation?"

"Representative Wennlund."

"Representative Davis, this whole Amendment was worked out with the agreement of the state police, and I don't hardly think the state police are going to agree and work on an Amendment that might put one of theirs in jeopardy. They are in agreement with this Amendment."

"Representative Davis." Davis, M.: "Representative, if I drive down to Springfield, Sunday night about 10:00 at night, I might encounter a motorist who has a weapon in his car, who could use that weapon on anybody who's on that road with him, and you say there's no fiscal impact to the state."

"Representative Wennlund."

"There's absolutely no fiscal impact whatsoever. That could happen today, you better be careful on the way home today, because that could happen today, under current law even before this is signed by the Governor. That can happen today."

"Representative Brunsvold."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I guess you can kind of sit here and ask, 'what are 90  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 we arguing about?' We're arguing about an honest citizen that's going to do this and put the gun, unloaded in the back of his vehicle, and carry it around to a sporting activity. It might be a rifle club. It might be a sporting clays range. He might be going hunting in the fall. Who's not going to obey this law? Right now, the people who don't obey it right now, are the criminals. They're not going to do this anyway. They're going to have their machine guns stuck under their leg under the driver's wheel, and that's where they're going to carry it. And Representative Davis knows very well that there are a lot of gang members in Chicago, and a lot of gang activities that they aren't going to keep their guns in the back of their vehicles. They're going to keep them right beside them in their seat, where they can shoot other people with them. This Bill will not affect that because they're going to carry those guns there anyway. We're trying to make it so the honest citizen is not going to be charged with a felony if they're proceeding to a lawful activity in this state. And I stand in strong support of this House Bill 2963. Thank you."

"Representative Noland."

"Thank you, Speaker. I rise in support. I had an interesting phone call from a man in Decatur who is trying out for the Olympic Shooting Team. All he owns is a Suburban truck, and a pickup truck. He has no legal way to transport that gun. He's an Olympic shooter to Atlanta. This Bill will allow him to be a lawabiding citizen. It does nothing we should be worried about. It allows people who are law abiding citizens to transport firearms and help them out. Please vote 'yes'."

"Representative Howard." 91  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day

"Thank you, March 29, 1996 Mr. Speaker. I rise on a point of personal privilege. I would like my colleagues to help me welcome to the General Assembly today the GW Law Limited, a mock trial team from George Washington High School that is in my district. They're here with their teacher, Mr. Rod Sellars. They've advanced from the Cook County Regional Competition to the ISBA mock trial state finals that will be held here in Springfield, today and tomorrow. Please help me welcome them."

"Representative Black."

"Thank you, Mr. Speaker. I move the previous question."

"The question is, 'Shall the main question be put?' All those in favor signify by saying 'aye'; opposed 'no'. The 'ayes' have it. Representative Wennlund to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. You've heard enough discussion on the Bill, that the Bill will make lawabiding citizens continue to be lawabiding citizens when they carry a firearm in accordance, transport a firearm in a vehicle in accordance with this Bill as amended. As I say, this Amendment has been worked out with the cooperation with, tremendous cooperation with the state police who have agreed on this Bill. I ask for your favorable consideration. Thank you."

"The question is, 'Shall House Bill 2963 pass?' All those in favor signify by voting 'aye'; opposed by voting 'no'. The voting is open. Have all voted who wish? This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 110 'ayes', 0 voting 'no', And this Bill, having received a is hereby declared 4 voting 'present'. Constitutional Majority, 92  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day passed. March 29, 1996 There will be an immediate caucus, Democrats in Room 118 and Republicans in Room 114 for one hour. We will return to the chamber at approximately 2:10 to complete our business. The House will stand in recess until the hour of 2:10."

"The House will come to order. Members will please be in their chairs. Those not entitled to the floor will please retire to the gallery. The House will come to order. House Bill 1014, page 6 of the Calendar. Representative Biggins. Excuse me, Representative Biggins, the Clerk has Resolution."

Granberg. Clerk McLennand: "House Resolution #92, offered by Representative House Joint Resolution %3100, offered by Representative Hughes. And House Joint Resolution #101, offered by Representative Kubik."

"Okay, now Representative Biggins on House Bill 1014, page 6 of the Calendar. Representative Biggins."

"House Bill 1014, a Bill for an Act making appropriations to the Department of Revenue. of this House Bill."

"Representative Biggins."

Third Reading Biggins: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1014 is a supplemental appropriation for the fiscal year '96. And I'd like to read off the various items included in the Bill, various appropriations. For children, the overall appropriation, first of all, is $150,300,000, for Children and Family Services, $70,905,000 dollars, State Police, $13,066,000, for Veterans' Affairs, $243,000 dollars, for the Property Tax Appeal Board, $350,000, Department of Transportation, $1,000,000, for the Capitol Development Board, $75,000, for the Environmental Protection Agency, $64,648,000, for the Environmental 93  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day Protection Agency, $23,000,000, March 29, 1996 Appellate Defenders, $134,000, Capitol Developmental Board, $1,000,000, the State Board of Education, $877,800, and the Department of Rehabilitation Services, $200,000. Again the total supplemental of $150,300,100. I would be glad to answer any questions about this Bill."

Speaker Daniels "Representative Granberg."

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

"He indicates he will."

"Representative Biggins, I just have a few questions. Representative Hannig will go into the details. But I was curious about just a couple of items. One of which is, it's my understanding that there's an additional appropriation of $1,000,000 for a road in Representative Doody's district. Now, that's an additional $1,000,000 for this year, Sir, but currently that project is already in the DOT five year plan and it's being appropriated $300,000. So now we're speeding that project up to be done this year? Is that correct?"

"Representative Biggins."

"Yes, Representative, that's an ongoing project and it's needed now to finish the project."

"Representative Granberg."

"Okay. So now we're going to speed up Representative Doody's project. Why wouldn't we do the same thing with Representative Jones? He needs that $1,000,000 to complete the road between Illinois 15 to Richview Road in Mount Vernon. So why did we do this for Representative Doody and not do it for Representative Jones?"

"Representative Biggins."

"I think that's a very good suggestion. I think we can possibly look into doing that later for Representative 94  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 Jones. I'll be glad to work on that with you."

"Representative Granberg."

"Thank you. And similarly, Representative Bost needs $1,5000,000 to resurface roads in Union County, on the county line. Why don't we put that money in for Representative Bost, instead of Representative Doody?"

"Representative Biggins."

"We wanted to make sure that the project continued, didn't have to stop."

"Representative Granberg."

"Representative Wait also needs money for his project and we're not doing that. So these Members we're not going to assist completing their projects, but we're going to single out Representative Doody and make sure his gets completed this year. And did you make that assessment? Did you make that determination?"

"Representative Biggins."

"It was a group decision. But there are a lot of Members that need projects. It's just that without raising taxes which we don't want to do. We try to get by with the funds that we have and to do them according to the districts in priority of need."

"Representative Granberg."

"Well, I assume that you advocating more road fund diversions like that took place last year, the $16,000,000 out of the road fund for projects such as this, to be used for the general operations of the government facilities, government operations."

"Representative Biggins."

"I don't believe that's the case."

"Representative Granberg."

"That is already the case. To the Bill, Mr. Speaker. 95  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 If there's ever a question about the difference in the Parties and their philosophies, this should clarify it. We see reductions where we're not going to pay Worker's Comp claims for state employees who work in the Department of Corrections, whose lives are on the line everyday. Now we're not going to pay their bills in this legislation. We're not going to pay the bills of the people who work in Mental Health. We're not going to pay the bills of people who are hurt on the job, risking their lives. But what are we going to do? We're going to add millions and millions of dollars of project pork. Pork projects in individual Legislator's districts, instead of paying for the Bills for the people who put their lives on the line everyday of the year. There's the fundamental difference in the Parties. You're putting concrete ahead of people. You're asking Representative Klingler not to pay the bills of the state employees in her district and to use that money for a library. Those are the priorities of your Party, Ladies and Gentlemen. And it's evident in this Bill. Those are not the priorities of this side of the aisle and we will reflect that in our votes. The last two weeks have been interesting. You are defining yourselves, increased taxes, more borrowing, not paying bills, and putting pork in the budget. Evidently that's what your Party is about. It's not what this side of the aisle is about. And I urge a 'no' vote."

"Representative Hannig."

"Yes, thank you, Mr. Speaker. Will the Sponsor yield?"

"Indicates he will."

"Yes, Representative, in these two Bills that we're looking at and I now we're looking at 1014 now. But in total, there's about $11,000,000 worth of pork that I have 96  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 some questions about. Well, first of all, let me ask you about the Water Project Programs. It's the understanding of our staff, that in order to leverage the maximum amount of federal monies for these projects, that we have to appropriate this money to the Revolving Fund. And it's our understanding that, that is not the case in this supplemental. Could you explain to us what your intentions are?"

"Representative Biggins."

"Well, that's not our understanding."

"Representative Hannig."

"So, is it your intentions at least, to try to maximize this spending by leveraging federal monies or do you just want these projects to stand alone, Representative?"

"Representative Biggins."

"Your first assumption was correct. These are part of the EPA's program and they are on the priority list."

"Representative Hannig."

"Well, Representative, it's interesting that when I look at the list of the programs that the EPA gave me, there's about five programs on their top priority list and one of those programs in Beecher, that's in Representative Novak's district, is not included in your Bill. Was that simply an oversight on your part?"

"Representative Biggins."

"Well, we prioritized, met, and did the best we could with the resources we had available."

"Representative Hannig."

"Well, Mr. Speaker and Members of the House, to the Bill. I've had an opportunity to serve in this Body for a long time and I would have to say that when you look at an $11,000,000 appropriation in GRF for pork, out of 97  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 approximately $100,000,000 in these two proposals, I've never seen 10% of any Bill or project being spent on pork projects. And I would have to say that this is a disaster for anybody who comes down here and considers themselves to be a fiscal conservative. We all came and ran on platforms of trying to pay our old bills. We ran on platforms of trying to find more money for the schools. I'm not sure anybody came down here on the platform that we want to waste more money on pork projects around the state. But essentially, that's what we will be doing with this Bill. Now, the Governor came in with the document in which he asked the State of Illinois and us to provide some additional monies for people who are hurt on the jobs. We know of cases where a guard was hurt in a fight with the inmates and suffered some severe back injuries. Other guards were assaulted by inmates. One was even stabbed. There's been hostage situations around the State of Illinois. And all these cases have gone through the process and the state has been found as the employer to owe Worker's Compensation to these state employees. And what is it that this Body is asking the Governor to do? We're being asked today to forget and disregard those proposals, not to fund those at all. To tell our guards back home, that if you get hurt on the job, it's just too darn bad and maybe we'll get around to paying your Workman's Compensation bills some day. But, my God Almighty, we're going to make sure we take care of those pork projects before we get out of here for Easter break. So it seems to me, Ladies and Gentlemen of the House, that this Bill in my mind and with the advice of our staff is flawed because, first of all, it does not even try to capture the maximum federal funding because it does not even appropriate the 98  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 money to the proper line in the budget. But, secondly, when we deal with the EPA on projects, we have had a history of allowing the agency to decide which money should be spent where on a priority list that they feel is appropriate. And all this budget does today, this Bill does today, is pick and choose and pick and choose and takes a lot of projects out of order, skips over most of the Democratic projects, and decides that it'll fund the Republican project here and the Republican project there. Well, Ladies and Gentlemen of the House, that's not the way to run state government. That's a step back. So I would ask all the Members of the House here today to consider the Senate has gone home, this Bill's going nowhere for at least two weeks, we should vote 'no' on this proposal, send it back and let the Members of both sides of the aisle take a look at it, try to come up with something better, and then we can consider it again on the first day when we come back in Session. So, I'd say, Ladies and Gentlemen of the House, that we can do better. We can do better than this pork barrel project. We should vote 'no'."

"Representative Novak."

"Yes, will the Sponsor yield, Mr. Speaker?"

"Excuse me, Representative Novak, just one second. Mr. Clerk, for Announcements."

"Rules Committee will meet Friday, March 29th at 2:45, Speaker's Conference Room. Rules Committee at 2:45 in the Speaker's Conference Room."

"Representative Novak. The Sponsor indicates he'll yield."

"Thank you, Mr. Speaker. Representative Biggins, you know in my nine years, I have never seen such outrageous behavior as this bunch of fat, stinking, pork I have ever 99  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 seen in my life. The village of Beecher, which is a Republican community, it has a Republican mayor and has Republican trustees. Even though it happens to be in my legislative district, has a letter of commitment from the Department of Environmental Protection Agency, a commitment for a low interest loan. It was the highest priority water infrastructure improvement project in the entire state, out of all those people, all those communities that applied. Your Committee's deliberate attempt to circumvent the village's legitimate relationship with the EPA for committed funds is outrageous, immoral, and smacks of raw political manuevering. You ought to be embarrassed about the way this budget looks. Not only about taking all the monies away from the money that's owed the state employees that put their lives on the line in Corrections and other agencies, but all this fat, stinking, pork you have on this Bill. You know when Newt Gingrich took control of the House of Representatives, he said, 'we're going to do away with all this Democratic pork. It's the new Republican revolution.' Well, my God, it's still around and it's still around in Illinois. Vote to kill this Bill."

"Representative Mautino."

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

"He indicates he will."

"Representative Biggins, has the IDOT budget been adjusted to remove the $16,000,000, the transfer of the or diversion of the road funds?"

"Representative Biggins."

"Well, there's a lawsuit pending on that matter, so we're not dealing with that issue here in this particular Bill."

"Representative Mautino." 100  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day March 29, 1996

"Well, you are putting $13,000,000 GRF into the State Police budget. Is that correct?"

"Representative Biggins."

"That's correct. Over $13,000,000 in the State Police budget."

"Representative Mautino."

"So wouldn't it make sense then to take out the IDOT Road Fund diversion? I mean the reason you're putting in the 13,000,000, is because there was a transfer which has been stopped by injunction and we need to fund these, but we should fund them in a manner which is not deemed illegal. So you put the 13,000,000 in, we're still 2,000,000 shy there on what they actually need. But have you taken out the illegal diversion? I guess that would be my question. And if not, why not?"

"Representative Biggins."

"All we're doing with this appropriation is putting it towards the State Police to help and protect the citizens of our state."

"Representative Mautino."

"It's a good 'pat answer'. Well then, have you eliminated from the State Police 'slush fund', the authority to get that $15,000,000 which was illegally diverted?"

"Representative Biggins."

"I'm sorry I missed the question."

"Representative Mautino, could you repeat your question, Sir."

"Have you taken out the spending authority from the State Police budget for that $15,000,000 which was illegally diverted?"

"Representative Biggins." 101  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996

"We ought to be addressing the questions that the Governor has put before us."

"Representative Mautino."

"Let me put it this way then, if you're addressing the question then, why do you need the $13,000,000 in there?"

"Representative Biggins."

"We are pledging to ensure the protection of the citizens of our state."

"Representative Mautino."

"Again, an interesting answer, but what do you mean? Why, if there's $15,000,000 which is in the budget, then why are you adding 13,000,000? You have not removed the other...why are you taking 13,000,000 more?"

"Representative Biggins."

"The Governor requested that we do this and we want to ensure the protection of our citizens."

"Representative Mautino."

"So the music plays and we all should dance. I get it. Okay. I think that your Bill is flawed in the fact that there is a diversion which should be addressed in here. We're not putting back the full amount of money, so it would be my concern that we still should allow for the State Police to purchase the body armor, to pay those officers, and to protect the public safety. So I agree with that portion. I'm just saying when you do it, do it right. The reason this problem arose, was because there was a section of the law which was placed in, when the gas tax was voted on, which said, 'the General Assembly shall not by appropriation or a quote any other administrative means, subvert the road fund dollars'. So that's the reason that you have to put this in. But you haven't quite put in enough money as well. So I would appreciate if you 102  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 would take that into consideration on this Bill. Vote 'no'."

"Clerk, for an announcement."

"Rules Committee will meet immediately in the Speaker's Conference Room. Rule Committee, Speaker's Conference Room, will meet immediately."

"Representative Black."

"Yes, thank you very much, Mr. Speaker and Ladies and Gentlemen. To the Bill before us. I always continue to be somewhat appalled at the tenor and level of rhetoric from the other side of the aisle that I didn't hear when they were in the majority. You know, I, on occasion I get a chance to drive up to Chicago, to attend Committee Meetings or something. I'm very careful where I park. Usually I always try to park in one of the approved parking garages. God forbid I'd ever get a ticket. But in driving up to Chicago, that great city on the lake, I'm always impressed by some of the projects that I see in the City of Chicago. But I guess those are good projects. I was on Navy Pier once. I think it was around Christmas time, beautiful place. I'm sure it was financed all by the City of Chicago taxpayers, right? Seems to me I recall about $150,000,000 of bond money sunk into 'McPier'. But I guess that isn't pork, that's a good project. Then I drive by Comiskey Park. As I recall that late night Session, by golly, a good friend of mine, a Democrat put that Bill over the top SO we could spend money on Comiskey Park. Lovely park, I happen to be a Cub fan, but I don't hold that against the folks that go to Comiskey Park. Then I drive downtown when I have to go to a Committee meeting and I go to the James R. Thompson Center. Lovely building, could have been built in my community. I would have loved to have it built in my 103  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 community, but if it would have been built in my community, you would have called it pork. But if it's built in Chicago, it's a needed project. And then we argue about somebody on our side of the aisle gets $1,000,000 for a road project. That's probably to take a dirt road and put some oil and chip over it. See we have dirt roads down where we come from. But I don't know how many millions are we spending to move Lake Shore Drive from one side of Soldier Field to the other side of Soldier Field. But I'm sure that's all City of Chicago street money, right? I'll make you a bet there's some IDOT money in that. I just have a hunch that there's some IDOT money in that Lake Shore Drive that would pale in comparison to all the downstate projects we could think up if you gave us an extra week. How many years ago was it I drove up to Chicago. Couldn't get anywhere. Every expressway in the city was under reconstruction and I'm sure that was all City of Chicago money. But then on the other hand, something tells me there was probably some 'evil bond money' involved in that project. Four hundred and eighty million dollars as I recall, to upgrade your expressways. I must have been asleep at the switch to vote for that bond Bill, SO that you could borrow and mortgage my future in downstate Illinois to fix those Chicago expressways. But as I recall, I voted for that because that's how things get done. You've never met a bond issue you didn't like until about 18 months ago. Now I'm going to see if I can get into some of your, I've got this computer here. I'm going to see if I can get into some financial records. I would hope none of you on that side of the aisle would have a mortgage. Surely you wouldn't be fiscally irresponsible enough to borrow money to buy a house. And I'm sure you've 104  lllth Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 29, 1996 paid cash for all of your cars. I wouldn't want you to be fiscally irresponsible enough to use credit wisely for major purposes. But, gosh, I regress. I don't know. How quickly we forget. Let's just see what is in this Bill. This outrageous Bill, one of the worst somebody has seen in their long tenure down here and I think he's been down here four and a half years. Seventy point nine million dollars to pay people who take care of children in the State of Illinois under DCFS. Boy, that's sure a bad expenditure, isn't' it? I think you could agree with me on that. Forty-six million dollars going into the LaSalle Veterans' Home for needed services. Gee, how cruel of us to want to take care of our veterans. Millions of dollars to set up the Property Tax Appeal Board in Cook County. So, that you in Cook County can have the same kind of protection on property tax abuses that we have enjoyed downstate for years. We are reaching out to you on these issues my friends. Is that a waste of money? Ask your property taxpayers when they file a protest. Oh, here is another one, here is another one. I don't know why we would have sneaked this in there. Two hundred thousand dollars in transfer SO that we can pay utility bills at the Illinois School for the Visually-Impaired and the School for the Deaf. Boy, aren't we a cruel, heartless group over here, to spend $200,000 to pay utility bills so that the School for the Visually-Impaired and School for the Deaf and I'm sorry, I'm sorry it is in Jacksonville. That probably means that it is pork, but if we move it to Chicago, that would probably be a good project. And how much money do we have here to pay folks who have been waiting patiently for payment under the Leaking Underground Storage Tank Bill? What do we have? About $25,000,000. Well, that is an 105  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 outrage. We ought to take that out. I don't think that people, who have suffered under the Leaking Underground Storage Tank Program are located in any one particular district. They are located all across the state. It is a obligation that we have to do. If you want to go through this Bill, pick it a part, absolutely there will be pieces of it that all of us can agree on. There will be pieces of it that some of us might not like, because it is 'projects' in your districts, it is 'pork' in ours. Supplementals have been around this chamber for as long as this Capitol has been here. It is the nature of the beast and you pay the Bills, when the piper calls the tune. I would encourage..."

"Representative Black."

"I would simply encourage you to look very carefully through the entire package and vote 'aye'."

"Representative Wennlund."

"Thank you, Mr. Speaker. My good friend and colleague Representative Black left out, the fact that out of the $10,000,000, in this supplemental for sewer and water projects, he left out the fact that almost half of that goes to the Metropolitan Water Reclamation District of Chicago as the grant for sewer and water. He's 'shocked and he is appalled', that almost half of the dollars again are on their way to Chicago, out of the pockets of suburbanites and downstaters. We forget about those facts. No less Comiskey Park. No less of McCormick Place, no less 'McPier' and, no less the roads that Representative Black mentioned. We forget about those things. And the other thing that we forget about, is history. Over the last 20 years money has flowed from the pockets of Illiniosans, who live outside the City of Chicago back, right up to the 106  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 city. We forget about those. Nobody complained about them back then. We forget about them. We forget about what is in here for needed projects throughout the state. Need is not just centered in the heart of the City of Chicago, it is centered throughout the State of Illinois. From a O'Fallon to Springfield to Herscher to Orland, all throughout this state, there is need. And we are always suppose to look at the big picture. Where is the need and what is the need and why is it needed? When it took money to build a school, that had sunk due to mine subsidence. I just ask that you look at the big picture and the big picture is need throughout the state. Thank you."

"Representative Cross."

"Thank you, Mr. Speaker. Will you please Move the previous question? I move the previous question."

"The question is 'Shall the main question be put?' All in favor say 'aye'; opposed 'no'. The 'ayes' have it. Representative Biggins moves that the House do Adopt House Bill 1014. All those in favor signify by voting 'aye'; opposed by voting 'no'. The voting is open. This is Final Action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 62 'aye'; 49 'no' and 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Supplemental Calendar distribution. Rules Committee announcement."

"Committee Report. Representative Churchill, Chairman from the Committee on Rules, to which the following Joint Action Motions were referred, action taken on March 29th, 1996, reported the same back: 'do approve for consideration' to the Floor House Joint Resolution 101. 107  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 Supplemental Calendar #1 is being distributed."

"House Joint Resolution 101."

"House Joint Resolution 101, offered by Representative Kubik, is available on the computer system."

"Representative Kubik moves for the adoption of House Joint Resolution 101. All those in favor signify by saying 'aye'; opposed 'nay'. The 'ayes' have it. And House Joint Resolution 101 is adopted. Further announcements, Mr. Clerk?"

"No announcements."

"Representative Churchill now moves that the House stand adjourned until Monday, April 15th, 1996 at the hour of 12 noon. All those in favor signify by saying 'aye'; opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. And allowing for Perfunctory time for the Clerk, the House now stands adjourned until Monday, April 15th, 1996 at the hour of 12 noon. The House now stands adjourned."

"House Perfunctory Session will be in order. Introduction and First Reading of Senate Bills. Senate Bill 522, offered by Representative Cross, a Bill for an Act in relation to adoptions. Senate Bill 1258, offered by Representative Lang, a Bill for an Act concerning income tax checkoffs. Senate Bill 1365, offered by Representative Deuchler, a Bill for an Act to amend the Hospital Licensing Act. Senate Bill 1381, offered by Representative Churchill, a Bill for an Act to amend the Civil Administrative Code of Illinois. Senate Bill 1550, offered by Representative Lang, a Bill for an Act to amend the Illinois Act on Aging. Senate Bill 1556, offered by Representative Constance Howard, a Bill for an Act to amend the Health Care Worker Background Check Act. Senate Bill 1669, offered by 108  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE lllth Legislative Day March 29, 1996 Representative Biggert, a Bill for an Act to amend the Unemployment Insurance Act. Senate Bill 1671, offered by Representative Parke, a Bill for an Act to amend the Unemployment Insurance Act. Senate Bill 1746, offered by Representative O'Connor, a Bill for an Act to amend the Unified Code of Corrections. Senate Bill 1764, offered by Representative Pankau, a Bill for an Act relating to motor vehicles. Introduction - First Reading of these Senate Bills. These Bills were referred to the Rules Committee. No further business. The House Perfunctory Session stands adjourned. And the House will reconvene in full Session on Monday, April 15th at the hour of 12 noon." 109  REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 29, 1996 9