"The hour of 12:15 arrived. The House shall come to order. The Members shall be in their seats. We'll be led in prayer today by Representative Coy Pugh, who is the assistant Pastor of Fernwood United Methodist Church in Chicago. Guests in the Gallery may wish to rise for the invocation."
"Thank you. May we bow our hearts, please. Oh heavenly God, our Father, Eternal God, we come before You this afternoon as humbly as we know how. Asking, merely oh Lord, that You guide our hearts, tutor our spirits oh Lord. We, I have a myriad of different concerns, anxieties and fears, take those away from us, oh Lord. Lord that we may know what it is that You'd have for us to do. Lord, we know that You have Your way, and we ask that You have Your way this afternoon. Oh Lord, let our words become sledge hammers of truth that may beat on the iron heart of sin. Oh Lord, we come before You asking these things, not because we deserve them, oh Lord, God, but that we know that You will grant them according to Your grace and Your mercy. Amen."
Speaker Granberg: "We'll be led in the Pledge of Allegiance by Representative McCarthy."
"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."
Speaker Granberg: "Roll Call for Attendance. Representative Cross."
"Yes, Mr. Speaker. I'm sorry, you're asking me who's absent. I apologize. Representative Deuchler is excused today and Representative Rich Myers has ask to be excused, or I'm asking for him. Thank you." 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
"Representative Hannig."
"Thank you, Mr. Speaker. Would the record please show that Representative Jack McGuire, that Representative Tom Holbrook, and that Representative Lou Lang are excused today."
Speaker Granberg: "On this matter there are 113 present. There being a majority, a quorum present, the House is hereby convened. Mr. Clerk, Committee Reports."
Clerk Bolin: "Attention Members, Rules Committee will be meeting immediately in the Speaker's Conference Room. The Rules Committee will be meeting immediately in the Speaker's Conference Room. Committee Reports. Representative Woolard, Chairman from the Committee on Agriculture and Conservation, to which the following Bills and Resolutions were referred, action taken on March 11, 1997, reported the same back with the following recommendations: 'do pass Short Debate' House Bill 1051; 'do pass as amended Short Debate' House Bill 1177; 'do pass Consent Calendar' House Bill 1094, and House Bill 1158; 'be adopted Short Debate' House Joint Resolution 5, and House Resolution 26. Representative Flowers, Chairman from the Committee on Health Care Availability, to which the following Bills and Resolutions were referred, action taken on March 11, 1997, reported the same back with the following recommendations: 'do pass Short Debate' House Bill 107, House Bill 188, House Bill 705, House Bill 535, House Bill 1311, and House Bill 1312. Representative Deering, Chairman from the Committee on Transportation, to which the following Bills and Resolutions were referred, action taken on March 11, 1997, reported the same back with the following recommendations: 'do pass Short Debate' House Bill 265, and House Bill 1062; 'do pass as amended Short Debate' House 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 Bill 50, and House Bill 748. Representative Ronen, Chairman from the Committee on Children and Youth, to which the following Bills and Resolutions were referred, action taken on March 11, 1997, reported the same back with the following recommendations: 'do pass Short Debate' House Bill 1302; 'do pass as amended Short Debate' House Bill 1301, and House Bill 1303; 'do pass as amended Standard Debate' House Bill 1021. Representative Bugielski, Chairman from the Committee on Financial Institutions, to which the following Bills and Resolutions were referred, action taken on March 11, 1997, reported the same back with the following recommendations: 'do pass Short Debate' House Bill 1288; 'do pass Standard Debate' House Bill 733, and House Bill 734; 'be adopted as amended Standard Debate' House Joint Resolution #8. Representative Mautino, Chairman from the Committee on Insurance, to which the following Bills and Resolutions were referred, action taken on March 11, 1997, reported the same back with the following recommendations: 'do pass Consent Calendar' House Bill 1266."
Speaker Granberg: "On page two of the Calendar. House Bills, Second Reading, appears House Bill #8. Representative Moffitt. Representative, do you wish to have that Bill moved to Third yet, sir?"
"Mr. Speaker, I would like to move it to Third, but we'll hold it there. Because there will probably be another agreed to Amendment that will have to go through Rules, but we have the one Amendment that we could move it ahead now."
"You can move the Bill to Third, Mr. Moffitt and bring it back to Second for purposes of Amendment and immediately consider it on Third." 3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
"That would be fine. I appreciate that, Mr. Speaker."
"If that's your pleasure that's fine. Mr. Clerk, read the Bill."
"House Bill 8, a Bill for an Act concerning Genetics Information. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2 has been recommended to be adopted. No Motions filed."
"Third Reading. House Bill 29. Representative Dart. Do you wish to move that to Third, Sir? Out of the record. House Bill #31. Representative Davis. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 31, a Bill for an Act to amend the Personnel Code of Illinois. Second Reading of this House Bill. Amendment #1 was adopted in committee. No floor Amendments have been recommended for adoption. No Motions filed."
"Third Reading. House Bill 60. Representative Dart. Representative Dart, do you wish to have that Bill moved to Third? House Bill 60. Mr. Clerk, read the Bill."
"House Bill 60, a Bill for an Act to amend the Juvenile Court Act of 1987. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been recommended for adoption. No Motions filed."
"Third Reading. House Bill 63. Representative Dart. Out of the record. Representative Dart, I'm sorry, did you want to do House Bill 63 or 87? House Bill 87. Representative Dart. Out of the record. House Bill 152. Representative Fritchey. Representative Fritchey. Representative Fritchey, would you like to move House Bill 152 to Third Reading? This is Second Reading, you would just move it to Third automatically, Representative Fritchey. You don't have to be gun shy today. Out of the 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 record. House Bill 153. Representative Wood. Out of the record. House Bill 168, out of the record. Representative Moore. Andrea Moore on House Bill 201. Do you wish to move the Bill to Third?" Moore, A.: "Mr. Speaker, I would like to hold this Bill on Second, because we are expecting an Amendment and I've made that commitment in committee. Thank you."
"Thank you, Representative. Out of the record. House Bill 223. Representative Mautino. Read the Bill, Mr. Clerk."
"House Bill 223, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of this House Bill. No Committee Amendments. Or no, Amendment #1 was adopted in committee. No Floor Amendments have been recommended for adoption. No Motions filed."
Speaker Granberg: "Third Reading. House Bill 248. Representative Hartke. Representative Hartke. Read the Bill, Mr. Clerk."
"House Bill 248, a Bill for an Act concerning highways. Amendment #1 was adopted in committee. No Floor Amendments have been recommended for adoption. No Motions filed."
Speaker Granberg: "Third Reading. House Bill 271. Representative Bugielski. Mr. Clerk, is there an Amendment filed to House Bill 271? Has that been reported out of Rules yet, sir? Committee announcement."
Clerk Bolin: "Attention Members, the Rules Committee will be meeting at 12:40 in the Speaker's Conference Room. The Rules Committee will be meeting at 12:40 in the Speaker's Conference Room."
"(sic-House Bill)271 Out of the record. House Bill 522, Representative Bugielski. (sic-House Bill)522. 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 Do you wish to move that to Third? House Bill 596. Representative Zickus. Representative Zickus. Is the Lady present? Is Representative Zickus in the Chamber? Out of the record. House Bill 651, Representative Poe. Is Representative Poe in the Chamber? Representative Poe? Out of the record. House Bill 673, Representative Burke. Does Representative Burke wish to move his Bill? Out of the record. House Bill 906, Representative Erwin. Out of the record. Mr. Clerk, the status of House Bill 844."
"House Bill 844 is on the order of Second Reading."
Speaker Granberg: "Any Fiscal Notes requested, any notes requested?"
Clerk Bolin: "A Fiscal Note has been requested and a State Mandates note has been requested."
"The Gentleman from Vermilion, Representative Black, for what reason do you arise, sir?"
"Yes. Thank you very much. I believe we filed a Fiscal Note on this Bill, is that correct, Mr. Clerk? One of my Republican colleagues."
Clerk Bolin: "A Fiscal Note has been requested and a State Mandates note has been requested and no notes have been filed."
"Mr. Clerk, an inquiry of the Chair, Mr. Speaker I'm sorry. If the Clerk could see if those were requested by Republican Members, I believe the Member who filed those has asked me to withdraw them. If we're correct on that."
"Mr. Clerk, who has requested the notes?"
"The notes were requested by Representative Wait."
"Yes, Mr. Speaker, with your permission and leave of the Body, Representative Wait has asked that I employ you to waive those notes."
"Any objection to the Gentleman's request? 6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 Hearing none, Representative Black has withdrawn the note request on House Bill 844. Mr. Clerk, read the Bill."
"Thank you, Mr. Speaker."
"House Bill 844, a Bill for an Act concerning rental vehicles. Second Reading of this House Bill. No Committee Amendments. No floor Amendments have been recommended for adoption. No motions filed."
Speaker Granberg: "Third Reading. The Gentleman from Bureau, Representative Mautino, for what reason do you arise?"
"Question of the Clerk, I believe there has been a amendment filed. That would be Floor Amendment #1 on 844, which has been moved improperly to Third Reading."
"The Gentleman from Washington, Representative Deering, for what reason do you arise, sir?"
"Mr. Speaker, if there, are we still on 844 or did you move it to Third Reading?"
"It was moved to Third Reading, Representative. It was moved to third."
"Thank you."
"Representative Mautino. That amendment would have to go to Rules regardless."
"Could you repeat that, sir? I'm sorry over the noise of the Chamber."
"The amendment that was filed after we called the Bill has to go to the Rules Committee regardless. So, that the Bill was moved."
"So, my question is, if that amendment was timely filed before that Bill was called to the board, can that be moved to Second, to Third Reading with an amendment filed at that time?"
Speaker Granberg: "Yes, Representative, it would have to go the Rules Committee first. That was the point." 7 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
"Thank you."
"You may wish to consult with Representative Deering. Supplemental Calendar #1. Appears House Bill 50. Supplemental Calendar #1 is being distributed. Mr. Clerk, First Reading, Introduction of Resolutions."
"House Resolution #67, offered by Representative Lopez."
"On Supplemental Calendar #1 appears House Bill #50. Representative Skinner. Is Representative Skinner in the Chamber? Read the Bill, Mr. Clerk."
Clerk Bolin: "House Bill 50, a Bill for an Act to amend the Illinois Vehicle Code. Amendment #1 was adopted in committee. No Floor Amendments have been recommended for adoption. Second Reading of this House Bill."
"Third Reading. On Supplemental #1 appears House Bill 107. Representative Mulligan. Representative Mulligan, do you wish to have the Bill read? We would move it to Third Reading."
"Representative, no, I'd like to hold it on Second. There was some discussion in committee about a technical amendment and we haven't decided if we're going to do that or not."
Speaker Granberg: "Representative, you could move the Bill to Third at your pleasure and when that amendment is ready you can move it back and have it called."
"Then please, move it to Third. Thank you."
"Thank you. Mr. Clerk, read the Bill."
"House Bill 107, a Bill for an Act concerning medical coverage for mastectomies. Second Reading of this House Bill. Amendment #1 was withdrawn in committee. No floor Amendments have been recommended for adoption. No motions filed." 8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
Speaker Granberg: "Third Reading. House Bill 734. Representative Bugielski. Is Representative Bugielski in the Chamber?"
Clerk Bolin: "Attention Members, the Rules Committee is meeting immediately. The Rules Committee is meeting immediately."
Speaker Granberg: "Out of the record. House Bill 748. Representative Wait. Representative Wait in the Chamber? Out of the record. House Bill 1051, Representative Brunsvold. Out of the record. House Bill 1177. Representative Jones. Representative John Jones. Do you wish to move your Bill to Third Reading, Sir? Mr. Clerk, read the Bill."
"House Bill 1177, a Bill for an Act concerning agriculture. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been recommended for adoption. No motions filed."
Speaker Granberg: "Third Reading. House Bill 1288, Representative Wood. Is Representative Wood in the Chamber? Representative Wood wishes to move a Bill. Mr. Clerk, read the Bill."
"House Bill 1288, a Bill for an Act in relation to the powers and duties of the Office of Banks and Real Estate. Second Reading of this House Bill. No Committee Amendments. No floor amendments have been recommended for adoption. No motions filed."
"Representative Wood, do you wish to comment on the Bill? Do you wish to comment on the Bill? Third Reading. House Bill 1311, Representative Krause. Representative Carolyn Krause, is she in the Chamber? Representative Krause, do you wish to have your Bill moved to Third? Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 1311, a Bill for an Act to create the 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 Health Care Purchasing Group Act. Second Reading of this House Bill. No committee Amendments. No floor amendments have been recommended for adoption. No motions filed."
Speaker Granberg: "Third Reading. House Bill 1312, Representative Krause, do you wish have that Bill moved as well? Mr. Clerk, read the Bill."
"House Bill 1312, a Bill for an Act concerning accident and health insurance coverage. Second Reading of this House Bill. No committee Amendments. No floor amendments have been recommended for adoption. No motions filed."
Speaker Granberg: "Third Reading. On the House Calendar appearing on page four is House Bill 224, Representative Mautino. I believe Representative Brady wishes to make a request. Is Representative Brady in the Chamber? The Gentleman from McLean, Representative Brady."
"Mr. Speaker, I request that the Fiscal Note be removed."
Speaker Granberg: "Yes sir. Mr. Clerk, was that the only note that was requested?"
"That was the only note that has been requested."
"Read the Bill."
"House Bill 224, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been recommended for adoption. No motions filed."
"Third Reading. House bill 596, Representative Zickus. Has the Lady returned to the Chamber? Representative Zickus, this is House Bill 596, do you wish to have the. Out of the record. Representative Erwin, on House Bill 906. Representative Erwin? Representative Erwin, would you like to have your Bill moved to Third 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 Reading, ma'am? Out of the record. Committee Reports, Mr. Clerk."
"Representative Currie, Chairman from the Committee on Rules, to which the following Bills and Resolutions were referred, action taken on March 12, 1997, reported the same back with the following recommendations: 'be adopted' House Resolution #67."
Speaker Granberg: "Supplemental Calendar announcement. Supplemental #2."
"Supplemental Calendar #2 is being distributed."
"On Supplemental Calendar #2 appears House Resolution #67. The Gentleman from Cook, Representative Lopez."
"Thank you, Mr. Speaker and Members of the House."
"Please give the Gentleman your attention."
"What House Resolution 67 does is, it officially creates the committee to investigate the allegations at Roberto Clemente High School in the City of Chicago. And it also gives the committee the subpoena powers to, and make them enforceable for the committee, so that in order to, in order for us to really find out, get to the bottom of what really happened at Roberto Clemente High School. And I so move that, for a favorable vote."
Speaker Granberg: "The Gentleman moves for the adoption of House Resolution 67. On that question, the Gentleman from Vermilion, Representative Black."
"Yes, thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative Lopez, could you explain to me, it's very noisy in here as usual, can you explain to me basically what this Resolution does." 11 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
Speaker Granberg: "Excuse me, Ladies and Gentlemen, the point 'the Gentleman's point' is well taken. As is the history of this House, it's always very noisy. Please proceed."
"Representative Black, what this Resolution does is gives the committee, forms a committee officially and create, and gives it the subpoena powers, officially the subpoena powers to investigate the allegations at Roberto Clemente High School."
"Is the Resolution limited to only Clemente High School?"
"No, it doesn't. At this point, we don't know what is there, and we don't know what that's going to lead to. So the Resolution also states that this could move onto other issues in public education throughout the state."
"Representative, refresh my memory. There's something that I find confusing about this. I thought that committee had already held a formal meeting in Chicago, and then after the fact, we create this Resolution. What have I missed here? Something is not computing."
"The Speaker has the authority to form a committee, but in order to make the subpoenas enforceable, so that there's no questions of legality to the subpoenas, we had to do, officially, this Resolution to give the committee the power to do so."
"Had you asked us earlier, I think we would have told you that perhaps you should have passed this Resolution three or four weeks ago, but, but we're ignored. Now we're relegated to the Minority. Nobody seeks our opinion. Well, it's hard to get used to but... "
"Actually Representative, it was Representative Tom Johnson who brought up the, and a Member of the committee, who brought this to our attention, and we're more than welcome to receive opinions from the other side of the 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 aisle."
"Well, I just simply would give my praise and kudos to Representative Johnson, who insists on doing things correctly. What an outstanding Representative he is, and I know he looks forward to working with you. One last question Representative. The subpoena power that is, would be eligible now, once this Resolution is adopted, it's going to be limited to education matters, period. Is that correct? This isn't going to be wide ranging and encompass anything and everything, right?"
"No, it has to do basically just to investigate the situation at Roberto Clemente High School."
"Would the schools in question be limited to the City of Chicago, or would they be schools anywhere in the State of Illinois that you might want to take a look at?"
"Anywhere in the state of Illinois."
"Okay. Thank you, Representative. Mr. Speaker, to the Resolution, we're, we're very pleased to work with Representative Johnson, Representative Lopez, and others to formalize the process, and therefore, we would stand in, in support of the Gentleman's Resolution and would urge an 'aye' vote."
Speaker Granberg: "Thank you, Representative. Representative Lopez and Johnson are pleased to work with you as well. Representative Johnson. Representative Lopez, do you wish to close?"
"Yes, I request an 'aye' vote. This is very important for, not only my community, but it's also important for the residents and taxpayers of the State of Illinois. I urge a 'aye' vote."
Speaker Granberg: "The Gentleman moves for the adoption of House Resolution 67. On that Motion, all in favor say 'aye'; 13 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 opposed 'nay'. The 'ayes' have it. The Motion is adopted. The Resolution is adopted. On page nine of the Calendar, House Bills, Third Reading, appears House Bill 28. Representative Dart, do you wish to call the Bill? Out of the record. House Bill 38. Representative Dart. Out of the record. House Bill 72. Representative Fritchey. Representative Fritchey, do you wish to call your Bill on Third Reading, sir? You could be two for two. Mr. Clerk."
"House Bill 72, a Bill for an Act amending the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993. Third Reading of this House Bill."
Speaker Granberg: "The Gentleman from Cook, Representative Fritchey."
"Thank you, Mr. Speaker. House Bill 72 is an amendment to the Bill which licenses private detectives. What I've done in House Bill 72, is exempt journalists out from the provisions requiring them as it would read right now, to be licensed as private detectives. I think that was not the intention of the original, of the original Act. I have Representative Saviano as a Cosponsor, who is the Representative that drafted the original Act, and this would simply be more of a housekeeping clarification measure than anything else. What it additionally does of some note, is it would exempt individuals that search public records from having to be licensed as private detectives. As I said, this is a matter of cleaning up this Bill and trying to get it honed down to its original intent. Along those lines I'll say no more and just request a favorable vote on this Bill. Thank you."
Speaker Granberg: "To the Bill, the Gentleman from Vermilion, Representative Black."
"Yes, thank you very much, Mr. Speaker. Before I address 14 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 the Bill before us, I do have an inquiry of the Chair on the Resolution."
"State your inquiry."
"Representative Kubik pointed out to me, and he may well be right, and the inquiry is, do you not need a Roll Call Vote on that Resolution that establishes a committee with subpoena power, and they might in fact incur expenses in those hearings. We have no objection, but we think a Roll Call Vote would be in order on that Resolution."
Speaker Granberg: "Representative, it was our understanding that that was not necessary, but we will look into your inquiry for confirmation. If you would like to proceed with the Bill, then I'll get back to you."
"Yes. Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will. Proceed."
"Representative Fritchey, you're on a roll. Your first Bill outlawed Ketamine, and your second Bill says journalists cannot be private detectives. Now I'm not sure, I'm not sure where we're headed with this, but let me, let me try as best I can. Does the committee amendment that was adopted to the Bill, does that then become the Bill?"
"No, the committee amendment was in addition to the Bill."
"Okay. That thoroughly confuses me."
"What I've done, Representative, is, it does not prohibit journalists from becoming licensed private detectives. It takes away the requirement, as the Act now reads, that journalists would have to be licensed private detectives. In the definition of what constitutes a private detective, it puts in anyone, who, for a fee, 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 investigates the truth or falsity of any representation. By definition, that's what journalists do, theoretically at least. There are certain exemptions of professions, which are exempted out of that Act, such as attorneys, et cetera. Journalists were not exempted out of the Act. It was not the intention, according to the Bill's original Sponsor to cover journalists under the Act. And as I said, this is more just a matter of revising the Bill to keep with its original intent. I believe that Representative Saviano would support me in that."
"Well, thank you Representative, and I need to get back to some additional questions. Mr. Speaker, pursuant to House Rules I'm joined by seven of my colleagues in asking that this Bill be taken off Short Debate, please."
"Acknowledged Mr. Black."
"Thank you very much. Mr. Speaker, I appreciate your attempts to get order in this Chamber, but it's, it seems to be that the noise level whenever we're on Third Reading is somewhat excessive. I hope you'll join with us and try to get things toned down here, because I truly am not sure what this Bill does or why it is necessary."
"Excuse me, Mr. Black."
"Yes."
"Excuse me. Ladies and Gentlemen, we are on Third Reading. The Gentleman's point is always well taken. Proceed Representative."
"All right, now, Representative, if I followed what you said earlier, is it current practice that a journalist could go into a state office, let's say, and ask to see all of your telephone records or whatever, and then tell the clerk, 'and by the way, I am a private detective and that's why I want these records. 'Are they doing that?" 16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
"No, Sir. The Bill right now technically sets forth the requirement that a journalist practicing their trade, who is not a licensed private detective, is in violation of this Act. And what I'm submitting is that that was not the intention of the Act to cover journalists and to require them to become private detectives."
"So if we pass this Bill journalists would not be required to be a private detective, right?"
"Correct."
"But could they still use the title of investigative reporter?"
"Yes they could. The committee amendment would require that if they were to hold themselves out as a private detective, then they would be subject to the licensing provisions of the Act. But if they hold themselves out as a journalist, then they are not required to be licensed under the Act."
"So if one of the news, if one of the news people from '60 Minutes' calls one of us and says they want to interview us about our relationship with the manufacturer of that dreaded Ketamine, would Mike Wallace then have to say, 'I am not a private detective,' or, 'I am a private detective,' or, 'I used to be one under Illinois law, but I don't have to be anymore, but I still want to talk to you about that cat drug?'"
"No, what the Bill would do is that a journalist is not required to be licensed. However, if they held themselves out as a private detective, then they would be required."
"Well now, I asked you earlier if journalists were holding themselves out to be private detectives, and thus trying to access information, you said you didn't think so. So now, I'm really trying to focus. If they haven't been, if they 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 have not been portraying themselves as a private detective in the course of their journalistic duties, then why are we, why are we exempting them from something they're not doing anyway?"
"Because, technically, right now, every journalist would be required to become a licensed private detective in the State of Illinois. That is not our intention, and this Bill would simply clarify the law so that we would not require them to be licensed private detectives. And really what we would be doing is bringing them into the fold as far as complying with the law."
"Well, when was the original law passed. You say under the law they are supposed to be private detectives. Are we talking about something done a day or two ago, or five years ago, or?"
"The Private Detective Act was passed in 1993, and it requires anyone who, for a fee, investigates the truth or falsity of any statement or representation. As I said, any journalist accordingly, under the Act as it stands now, would be required to become a licensed private detective."
"Well, if that's what the law requires, how many journalists have registered as private detectives? Do we have any idea how many of them are in compliance with the current law?"
"To the best of my knowledge, none of them are in compliance, and I do not believe that we want them to be in compliance with this. Nor do I believe that it would necessarily be enforceable for us to require journalists to become private detectives."
"Well, you may be right, but if what you're saying is true, and the law requires them to be a private detective if they want to be an investigative journalist, and they 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 haven't done so, then they are in violation of the law, and I think we should contact the Attorney General and have everyone of them in this Chamber arrested. Look, there's a reporter right down there. I'll make you a bet he's not registered as a private detective. So, if what your explanation says is true, when we passed this law in 1993 he was supposed to get a license as a private detective. I'll bet he hasn't done so. What are we going to do with him?"
"You're absolutely right once again, Representative. But as I submit, unless you are going to take the position here that you want to require the journalists of this state to become licensed private detectives."
"I thought they already were."
"What this Act is going to do then is bring the law back to where we think it should be."
"Where we think they should be, what are we going to do, does this Bill say they have to move to Wisconsin?"
"No, to bring the law back to where I think it should be at."
"I'll tell you, Representative, I, the more I go around this, the more confused I am. Is this an initiative of the Illinois Press Association?"
"No it is not."
"Is it, is it an initiative of the Department of Professional Regulation?"
"This was done at my own, on my own initiative, Sir."
"Is there any position from the Association of Private Detectives?"
"They are neutral on the Bill."
"They're neutral. And the Press Association is neutral?"
"That's correct." 19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
"And DPR is neutral?"
"That's correct too."
"So what we have here, is we're trying to correct a situation that may or may not exist that possibly said they were to have been private detectives, but they didn't follow the law. You know, that should be the subject of an investigative reporting story, and make all of the Sunday features. I want to know, I want to know how many reporters have ignored this law since 1993, and have refused to become private detectives. I mean, I would think they would have jumped at this chance. They get to carry a little badge. They get to carry a really, probably a really neat ID card. Why, they might even be allowed to carry a weapon, heaven forbid. I don't know, other than their pen and paper, and microphone and what have you. I, to the Bill, Mr. Speaker."
"Proceed Representative Black."
"Thank you very much, Mr. Speaker, Representative Fritchey, and Ladies and Gentlemen of the House. If you read this Bill on your electronic pages, or you look at the Bill file. This is a very interesting Bill that purports to correct a problem that the Sponsor said really doesn't exist because none of them have registered as private detectives anyway. The Press Association, which would be very interested in this Bill I would think, if it were indeed a problem, have no position on the merits of the Bill. I, I don't know, I, I'm not sure if this is related to Ketamine or whatever. Maybe, maybe he wants the investigative reporters to look into that dreaded animal tranquilizer for kitty cats, but I, I don't know if I can vote for this Bill, because I'm not sure that voting for this Bill accomplishes anything, because I think the 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 interpretation of the underlying law is flawed, and I'd be very careful about voting for something that says journalists cannot represent themselves as private detectives. Well, that means, that means reporters the state over will have to burn their trench coats, get rid of their hat, get rid of the various tools of their trade. I, I'd be very careful about alienating the press on this one, Ladies and Gentlemen. Watch your vote very carefully."
"Representative, if I may add, and I'll make my comments in conclusion. This is a Bill which will, in fact protect the press from being in violation of the law. It was not done at the Press Associations behest, they understand it, they've not taken a position because I think they recognize that no one would intend to charge a journalist with practicing in violation of the Private Detective Act. This is primarily a housekeeping measure, it's primarily a matter of bringing the law where the original intent of it was, and along those lines I request a favorable vote on this Bill."
Speaker Granberg: "The Lady from DuPage, Representative Cowlishaw."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will, Representative."
"Thank you. Representative Fritchey, are you aware of the fact that there is one Member of this House, and there may be even more than one, who once won the First Place Annual Award for Investigative Reporting from the Illinois Press Association?"
"I was not aware of that."
"I won the First Place Annual Award from the Illinois Press Association for Investigative Reporting more than two 21 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 decades ago. Shortly thereafter, I ran for the General Assembly for the first time. One of the things we prominently displayed in all of my campaign materials was that I had won first place for investigative reporting from the Illinois Press Association. I was convinced the reason I was elected that first time was because the people of my district believed that Springfield could use a lot of investigative reporting. I did it all without a private detective's license, and I am convinced that everybody could still go right on doing the things they need to do as newspaper editors, reporters, and investigative reporters without this Bill. If the Illinois Press Association did not suggest it, and is neutral on it, then clearly it is not necessary. The Press Association is a very responsible and professional organization that speaks for all of the print media throughout all of Illinois. I think this is unnecessary and it is also, at least from my point of view, a perfect example of why it is that the housekeeping things we are always talking about doing here never ever seem to make things clean. Maybe we have too much government, too many laws, and too much of the kinds of things that can be regarded as frivolous. I think this Bill is frivolous."
"Representative, with all do respect, I don't think you understand the Bill. And I think if you did understand the Bill, you would also recognize that this is a press friendly Bill as a matter of allowing the press to operate in compliance with the law. They are technically out of compliance with the law, and in violation of the law. This is simply a matter of bringing them into compliance. The law right now, which is strictly enforced by the courts, has an effect which it was not intended to have, and that effect is that it covers journalists. If you believe that 22 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 it is frivolous to allow journalists to continue their trade in compliance with the law, then I'm sorry but we're going to have to respectfully disagree on this point. If you understand the Bill, this is a press friendly Bill. It is allowing journalists to continue their trade as they always have, and as they always should be able to, and not be in violation of an Illinois Statute. The statute had a flaw in it, this is simply a matter of correcting that flaw. Representative Cowlishaw, I'm sure that you would not want to see a flawed piece of legislation stay on the books of this state."
Speaker Granberg: "Anything further, Representative Cowlishaw? No further questions, the Gentleman from Cook to close, Representative Fritchey."
"I have no further comments to add except for the fact that my Cosponsor on this, as I have pointed out, is Representative Saviano, who is the original Sponsor of this, of the Act. That this Bill is a matter of cleaning up that Act. Representative Saviano's cosponsorship with me on this, I think reflects his support that this does just that. If this was against the Press Association, they surely would not have hesitated to come out as an opponent of this Bill. They came out neutral on the Bill, they did not come out as a proponent of the Bill because they did not want this, to think that it was done at their behest. This was done on my own. I came across this when I was doing some research as, in my other life as an attorney, I found a flaw in this Bill and I'm simply trying to correct that. With that having been said, I would request a favorable vote on this matter. Thank you."
Speaker Granberg: "The Gentleman has moved for the passage of House Bill 72. All those in favor shall vote 'aye'; all 23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 those opposed shall vote 'no'. The voting is open. Second Bill. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this Motion, there are 63 voting 'aye', 45 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Feigenholtz."
"Speaker. I'm moving that the rule which prevents immediate consideration of House Bill 908, the State Government Administration and Election Committee, be suspended for 908."
"The Lady from Cook moves to suspend the appropriate roll to have, for a post that moves to suspend the appropriate posting rule. Is there any objection? The Gentleman from Cook, Representative Saviano."
"Mr. Speaker, record me as an 'aye' vote on House Bill 72. There's something wrong with my button here."
Speaker Granberg: "The record will reflect your intent to vote 'yes' on House Bill 72. You have heard the Lady's Motion. All those in favor shall say 'aye'; all opposed 'no'. The 'ayes' have it. The appropriate posting rule is hereby waived. On page 10 of the Calendar appears House Bill 131, Representative Novak. Do you wish to call that Bill on Third Reading? Mr. Clerk, read the Bill."
"House Bill 131, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of this House Bill."
"Representative Novak."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 131 is an initiative of the Joint Committee on Administrative Rules. Representative Ryder, is well aware of this situation, and the reason why we had 24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 to put legislation in to make the changes. What it simply does is reflects the budgetary increases in the Department of Public Aid for the reimbursement rates for the cemetery owners and also for the funeral directors. Last Fiscal Year there was a very small increase that was authorized by the Bureau of the Budget and the new budget that was approved by the Governor to reflect those increases. However, the statutory language was not changed and so, simply the Bill just changes the statutory language to reflect the new numbers as far as the reimbursement rates. I would be happy to entertain any questions."
Speaker Granberg: "The Gentleman from Jersey, Representative Ryder."
"Thank you, Mr. Speaker. I join Representative Novak in support of this Bill and I'd like to give a little bit of an explanation. We passed a budget that increases the amount that is paid for public aid funerals and burials. When we did the follow up language, we did not pass legislation because, frankly I didn't know that we needed to statutorily increase the amount. It's one of the few fees that is set by statute. As a result, the Department of Public Aid attempted to do by rule the amount of increase those of us that were on the joint committee objected to that, and now it's our obligation, and the legislative oversight responsibilities of the Joint Committee on Administrative Rules to make the rule and the statute coincide. We would have preferred to have the rule coincide, but since we had already voted to spend the extra money and the money was well deserved, this is the ultimate solution. I thank my fellow Member on the Joint Committee on Administrative Rules, and if he needs, which I doubt, any assistance answering questions, I'd be glad to 25 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 cooperate."
Speaker Granberg: "Anything further, Representative? The Gentleman from Dupage, Representative Johnson." Johnson, Tom: "Will the Sponsor yield?"
"Indicates he will. Proceed." Johnson, Tom: "Representative Novak, is this narrowly drawn, this is just reimbursement for funerals and burial, and it's only those items?"
"Yes, yes Representative." Johnson, Tom: "Thank you."
Speaker Granberg: "Okay. Representative Novak, the Gentleman from Kankakee, to close."
"Thank you, Mr. Speaker. I simply move for the passage of House Bill 31."
"The Gentleman moves for the passage of House Bill 131. All those in favor shall vote 'aye'; all opposed shall vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this Motion there are 112 'aye' votes, 0 'no' votes, 0 voting 'present'. This Bill having received the Constitutional Majority is hereby declared passed. On page 10 of the Calendar appears House Bill 202, Representative Ryder. Representative Ryder, do you wish to call that Bill, Sir? Mr. Clerk."
"House Bill 202, a Bill for an Act concerning nursing and other health care facilities. Third Reading of this House Bill."
"Gentleman from Jersey, Representative Ryder."
"Thank you, Mr. Speaker. The purpose of this Bill is to allow an opportunity to privatize at the option of those long term care facilities who have applied to the Department of Public Health. The current procedure is for 26 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 those facilities who wish to modify, add to their structural facility. Architectural plans are submitted to the Department of Public Health, they are placed on a list at the bottom, and they work their way to the top. In some cases, the reason for the change is at the request or the direction of those who have examined the facility and find, in some rare cases a life threatening change, life threatening circumstances. What this Bill does is allow the person who's submitting the plan the option of either putting their name on the list and letting public health work their way through the list to get to the individual, or the health care facility paying an extra fee, and that extra fee is, is indicated in the Bill, so that they can go to someone privately within a short period of time to expedite the approval of the plans. That's not a requirement, it's not, it's not that you have to pay for it, but if you want it expedited, then you go ahead, and you pay for the, for the private examination of the plans. It would allow the privatization within that area and I would be happy to answer any questions on this issue, Mr. Speaker."
"The Lady from Cook, Representative Schakowsky, on the Bill."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will, please proceed."
"I'm sorry Representative, I was just handed the file on this Bill and though I was listening as intently as possible, maybe you could clarify a few things for me. This Bill would, would establish a new fee in what circumstances. Could you explain it one more time to me?"
"Representative, in the event that a long term care facility wish to expedite the approval of architectural 27 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 plans, they could pay the extra fee that would be necessary to hire private individuals to accomplish the approval. If however, they did not wish to pay the extra fee, there would be no additional fee other than the one that's mandated by law now."
"You're saying that there currently exists a fee that is paid to whom?"
"Department of Public Health."
"And currently, if a facility wants to hire an outside firm to help in, in its proposal and the architectural drawings, et cetera. Are they not free to do that?"
"Representative, of course they're free to hire a firm to prepare the plans, but the Department of Public Health as a responsibility to review and approve the plans. What this Bill does, is allowing the option of the health care facility to go to designated private companies, designated by the Department of Public Health to expedite the approval process. So you could either leave it on the waiting list at public health and when it's your turn, it's your turn, and not pay any extra dollars, and I'm sure that many long term care facilities and other health facilities would be content to do just that. But in the event that there is a necessity in which time is very important to make the changes, waiting for the Department of Public Health to move through the process would not be helpful, or would not be appropriate and as a result, this allows a private authority, excuse me, a private firm that is approved by the Department of Public Health to review and make the recommendation to the Department of Public Health. And it's only when you go through the private review process that you pay whatever the extra fee would be." 28 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
"So under your legislation the responsibility for deciding whether or not construction of a new facility, or alteration of a facility, can happen, is going to be privatized. That is a private agency can make these decisions?"
"Representative, the Department of Public Aid(sic-Health), in all cases, remains the final arbiter of the approval of the decisions. It's simply that the review and the recommendation could either take place through the staff of the Department, in which case, their decision is through the Department of Public Health, or it could be done in a private circumstance in which the private reviewing authority makes the recommendation to the Department. But in all cases, the Department is the final, under the law, is the final decider if you will."
"What this says to me though also, correct me if I'm wrong, is that those facilities that may be wealthier, will be in a position to move to the front of the line now with the Department of Public Health. Whereas, a community hospital or some kind of facility in a low income neighborhood that may rely on public aid patients or whatever, may not be in a position to be, they'll be pushed lower and lower in the line."
"No. Representative, just the opposite will occur. Right now everybody goes in that line regardless of their financial well being. However, if you allow the opt out, so that those who have a pressing either because of financial commitments, interest is running and they wish to move with the project, or because they believe it's something that is so eminent that it, in a health safety fashion, that it should move much quicker. They can spend the extra dollars to go outside in order for the review to 29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 be done outside the agency. If that occurs, for every project that goes outside of the agency, then those that remain in the agency move up the list even faster. So I would suggest that it would have the opposite effect of that which you described."
"Who are the outside firms that are going to now be, clearly someone's benefiting from this, there are now going to be some vendors out there who will be hired to do this. Who are these and how is the approval process of those, those new vendors, the ones who are going to be deciding and aiding, how is that done? How is the decision made to choose them?"
"It would be done through the Department of Public Health. Those who wish to participate in the review process would respond to a request for proposal under the current rules, or for that matter future rules that we establish with the Department of Public Health, and those individuals, who are willing to meet those requirements, and I would also submit to you that they may have to give up other opportunities, because clearly I would not wish for the same company to be approving that is also submitting plans. I don't think that should occur. So..."
"Well that was sort of what I was getting at. What kind of protections are there in your legislation so that we don't have some outside architectural firm, who may have a financial interest in this construction, from being that which would decide."
"I believe, first of all, it's the Department of Public Health. Secondly, I believe the current conflict of interest rules would prohibit the exact example that you're discussing. And as a result, I don't believe that that can happen under the legislation that we're promoting." 30 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
"Well, you may believe that but, the, and I don't know that you're wrong."
"Representative, if you had, if you'd had an opportunity to study the file, other than when you just picked it up a few moments ago, you might have had a greater deal of satisfaction that that conflict of interest cannot exist."
"And actually I would have a greater sense of satisfaction, Representative, if you could say to me, without question, that there is no opportunity for conflict of interest. I heard you say, you think so, you believe so, maybe so."
"Fine. Then Representative, I shall tell you that that is, that is what the legislation does."
"And where is that?"
"We're looking, and we'll get right back to you. Do you have other questions that you wish to ask in the mean time?"
"Representative Schakowsky, anything further?"
"I'm waiting for an answer."
"Representative, we're looking for that now, I asked if you had other questions, I'd be happy to answer them in the meantime."
"I, when I look through your Bill I see a lot having to do with what the fees will be, et cetera, et cetera, but what I don't see in your Bill, is what the, what the rules are. This is just, this is just one of those rules. What about the criteria for choosing these outside companies. I mean, where do we set in law the parameters for privatizing this pretty important function?"
"Representative, allow me to, I don't think that I'm going to be able to satisfy you on this matter, because within the four corners of the Bill that you have you are correct 31 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 in that it is setting the fees because that was requested to be done by the Department of Public Health. I believe that if you would examine outside of the piece of legislation that there are clear rules based upon request for proposals and conflicts of interest that are not part of this legislation that are part of current law that would prohibit the circumstance that you described. So, if you're just looking at the Bill, you're not going to find that."
"Well, but it's, but it's not just that, it's not just the conflict of interest issue. For example, how does this Bill make sure that those with whom we contract are qualified. I mean, do they have to have been in business a certain length of time? Do they have to have a certain volume of business?"
"Representative, Representative, for the same qualifications as those submitting these plans, there are current rules about those that submit the plans, they have to be registered with the State of Illinois, they have to be licensed with the State of Illinois. And clearly, no one would be able to review the rules, or review the plans who's not competent to submit the plans. So, that's the answer to your question."
"So, does your Bill authorize the Department to set any kind of special criteria, or you're saying that they exist already and we don't need."
"The criteria exists already as to those who may submit plans to the Department of Public Health. Those same criteria would be in place for those who might review it. With the additional conflict of interest rules that currently exist."
"Okay." 32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997
"For example, someone who submitted the plans would clearly not be able to review the plans."
"All right, I just have two more questions. Where did these dollar figures come from? What were they based on?"
"The dollar figures were based by the Department of Public Health, they are the ones that gave me the figures. We had an original problem when we submitted it because, in some cases, if you increased the value of the project, you would then have decreased the fee, and that was not intended. So the Department of Public Health brought that to my attention while I adopted their amendment, and that's the manner in which the dollars were indicated based on the Department of Public Health's."
"Okay, and finally, okay, I appreciate that. And finally, can you tell me who the proponents and opponents to this legislation are?"
"Sure. As amended there were no opponents. No one testified against the Bill. There were no opponents in the committee, as amended. Those that are in favor include the Life Services Network of Illinois, the County Nursing Home Association, the Illinois Hospital and Health Systems Association, and the Department of Public Health."
"Thank you very much for answering my questions."
"I'm sorry."
"I said thank you for answering all my questions."
"You're welcome."
Speaker Granberg: "Thank you, Representative Schakowsky. The Gentleman from Jersey, do you wish to close?"
"I appreciate the questions. I'd also appreciate an 'aye' vote. Thank you, Mr. Speaker."
Speaker Granberg: "The Gentleman from Jersey, Representative 33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 Ryder, moves for the passage of House Bill 202. All those in favor shall vote 'aye'; all opposed shall vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Motion there are 91 'aye' votes, 17 'no' votes, 0 voting 'present'. This Bill having received a Constitutional Majority is hereby declared passed. To the Order of Second Reading. House Bill 5. Mr. Clerk, move the Bill back to, I'm sorry, House Bill 8. Move the Bill back to Second Reading. Representative Moffitt. Mr. Clerk, is there a Amendment filed"
Clerk Rossi: "Floor Amendment #2, offered by Representative Moffitt, has been approved for adoption."
"Representative Moffitt."
"Thank you, Mr. Speaker. Floor Amendment #2 was put on at the request of the Illinois Department of Public Aid, and this simply makes sure that when they need genetic information to prove paternity cases that they still have access to that. It will still be kept confidential, they're allowed to use this now, they would continue to be allowed to use this information. It moves it along consistent with what we're trying to do. That those that have to know can, but it would prevent discrimination in employment and coverage. Thank you."
"The Lady from Cook, Representative Erwin."
"Thank you, Speaker. I just wanted to rise in support of this amendment, but to at least alert the Membership that we are awaiting a very substantive amendment on this genetic information Bill, and we're working with Senator Carl Hawkinson and John Cullerton on it. So we're still awaiting another amendment. Thank you."
Speaker Granberg: "Thank you. The Gentleman from McLean, 34 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 Representative Brady, on the amendment."
"Will the Sponsor yield?"
"He indicates he will. Proceed."
"Representative, I'm sorry I didn't hear you, could you give me a little more information on the amendment?"
"Certainly, Representative, and I know you're moving towards being enthused about this legislation. So, I'm happy to answer any questions you might have. The Department of Public Aid uses genetic testing, DNA testing in certain situations to prove paternity, and they just want to make sure this would not prevent them from continuing to do what they have been doing."
"So the, the Department of Public Aid has asked you to Sponsor this amendment?"
"They brought the amendment, yes, and asked that it be included as part of the legislation."
"And the only substantive language in the amendment is that it allows the Department of Public Aid to continue to use testing to prove paternity?"
"If you want I can read the amendment, or if you want to take time to look it up, but that's the intent right, that they would, they would be able to continue to determine inherited characteristics in paternity proceedings, that nothing in this Act would, you know, prevent them from continuing to do that."
"Is there any opposition to the amendment?"
"Not that I'm aware of."
"Thank you."
"The Gentleman moves for the adoption of Floor Amendment #2. Is that correct, Mr. Clerk? Floor Amendment #2 to House Bill 8. 35 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 All in favor shall say 'aye'; opposed 'no'. The 'ayes' have it. The amendment is adopted. Order of Second Reading, appears House Bill 673, Representative Burke. Move the, read the Bill, Mr. Clerk. I'm sorry, move House Bill 8 to Third Reading. And House Bill 673. Read the Bill, Mr. Clerk."
"House Bill 673, a Bill for an Act concerning naprapathic services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. The Fiscal Note that was requested on the Bill has been filed."
"Third Reading. Supplemental #1, appears House Bill 265. Representative Hartke,265. There are note requests pending on the Bill. Mr. Clerk, read the Bill."
"House Bill 265, a Bill for an Act amending the Illinois Vehicle code. Second Reading of this House Bill. No Committee Amendments. No floor Amendments. A Fiscal Note, a State Mandates Note, and a Home Rule Note have been requested on the Bill."
Speaker Granberg: "Representative Mitchell. Representative Mitchell, do you wish to remove those requests for notes?"
"I have spoken to my colleague, Representative Wait, and he has agreed that he would allow the notes to be removed. Is that right, Representative Wait?"
Speaker Granberg: "You are withdrawing your request for those notes that are filed. Requests for House Bill 265. So acknowledged. Third Reading. Allowing Perfunctory time for the Clerk, Representative Currie now moves the House stand adjourned until the hour of 1:00 on Thursday, March, Thursday, March 13. All in favor shall say 'aye'; all opposed say 'no'. The 'ayes' have it. The House is adjourned. The Gentleman from Cook, Representative Kenner."
"Yes, Mr. Speaker, I have a problem with my, with my 36 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 switch, I would like to be recorded as 'yes' for House Bill 202."
"The record shall so indicate. House now stands adjourned."
Clerk Rossi: "The House Perfunctory Session will come to order. Committee Reports. Representative Burke, Chairman from the Committee on Executive, to which the following Bills were referred, action taken on March 12, 1997, reported the same back with the following recommendations: 'do pass Short Debate' House Bill 147, House Bill 382, House Bill 383, House Bill 973, House Bill 1006, House Bill 1170, House Bill 1171, and House Bill 1172; 'do pass as amended Short Debate' House Bill 277, House Bill 562, House Bill 568, and House Bill 570; 'do pass Standard Debate' House Bill 922; 'do pass as amended Standard Debate' House Bill 213; 'do pass Consent Calendar' House Bill 1268, and House Bill 1269; 'do pass as amended Consent Calendar' House Bill 606.
Clerk Rossi: "Introduction and First Reading of Senate Bills. Senate Bill 329, offered by Representative Leitch, a Bill for an Act to amend the Children and Family Services Act. Senate Bill 473, offered by Representative Scott, a Bill for an Act amending the Circuit Courts Act. House(sic-Senate) Bill 532, offered by Representative Joe Lyons, a Bill for an Act to amend the State Finance Act. House Bill, or Senate Bill 199, offered by Representative Parke, a Bill for an Act in relation to burial expenses for State police officers killed in the line of duty. Senate Bill 329, offered by Representative Leitch, a Bill for an Act to amend the Children and Family Services Act. Senate Bill 506, offered by Representative Parke, a Bill for an Act to amend the Crime Victims Compensation Act. Senate Bill 551, offered by Representative Schoenberg, a Bill for 37 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day March 12, 1997 an Act amending the School Code. Senate Bill 646, offered by Representative Bugielski, a Bill for an Act amending the Savings Bank Act. First Reading of these Senate Bills."
Clerk Bolin: "First Reading and Introduction of House Resolutions. House Resolution #65, offered by Representative Kotlarz; House Resolution #66, offered by Representative Giles; House Resolution #68, offered by Representative Madigan."
Clerk Rossi: "House Perfunctory Session will come to order. Introduction and First Reading of House Bills. Introduction and First Reading of Senate Bills. Senate Bill 396, offered by Representative Beaubien, a Bill for an Act to amend the Illinois Income Tax Act. First Reading of this Senate Bill. There being no further business the House Perfunctory Session will stand adjourned. The House will reconvene in regular Session tomorrow, February 13, at 1:30 p.m. March 13, at 1:30 p.m." 38