Illinois House Floor Debate — April 8, 1997

"The House shall come to order. We'll be led in prayer today by Pastor Robert L. Morlan with Grace Fellowship Church in Mokena. Pastor Morlan is the guest of Representative Renee Kosel. Guests in the Gallery may wish to rise for the invocation. Reverend."

"Let's pray. Heavenly Father, we approach Thy throne this day, seeking a blessing upon this Body of Legislators and the business that lies before them. We pray that each Lawmaker here, be reminded that according to Your word, they have been divinely appointed. And with that appointment comes great responsibility not only to You, but to the people of this state. We ask that these who have been chosen to rule, that they rule with great courage. Help them, O Lord, to do that which is right, even if it it's unpopular, with their constituents. We further ask that this Body not burden the people with intrusive and redundant rules and regulations, always being mindful, of the principles of freedom, that our great country was founded upon. Lord, help each one to be honest and forthright and uncompromising of their integrity. We pray for harmony within this Body both political and racial. We ask that a spirit of cooperation prevail and that the spirit Lord, would go out from this Body and to our communities. And lastly, Father, we pray that You help this Body to recognize the sacredness of life, both young and old. That all are created in Your image, and in Your likeness. Now Lord, we close this with this in mind, that each one of us will stand before You, and give an account of our deeds both good and bad. So bless this Body, Lord that You, only You, can do. And Father, we pray that above all that Your name will be glorified here. And that we pray these things in the name of Christ our Lord. Amen. Thank 1  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 you, God bless you."

"We will be led in the Pledge of Allegiance by Representative Persico."

Persico - 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."

Speaker Granberg: "Roll Call for Attendance. Representative Cross."

"Yes."

"Yes?"

"Yes."

"Are all of your Members here today?"

"Representative, we are. And thank you for asking. Have a good day."

"My pleasure, you too. Representative Hannig."

"Yes, thank you, Mr. Speaker. Would the record reflect that Representative Lopez, Representative Santiago and Representative Kotlarz are excused today."

"The record shall so reflect. There being 115 Members present, a sufficient quorum being recognized, the House shall hereby be convened. Mr. Clerk."

"Introduction - First Reading of Senate Bills. Senate Bill 125, offered by Representative Winters, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act. Senate Bill 213, offered by Representative Crotty, a Bill for an Act to amend the Illinois Municipal Code. Senate Bill 225, offered by Representative McGuire, a Bill for an Act to amend the Illinois Vehicle Code. Senate Bill 250, offered by Representative Bost, a Bill for an Act concerning the Illinois Coal Development Board. Senate Bill 305, offered by Representative Winters, a Bill for an Act 2  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 to amend the Illinois Pesticide Act. Senate Bill 314, offered by Representative Poe, a Bill for an Act to amend the Medical Practice Act of 1987. Senate Bill 317, offered by Representative Winters, a Bill for an Act to amend the Illinois Public Aid Code. Senate Bill 356, offered by Representative Lopez, a Bill for an Act concerning home repair and remodeling. First Reading of these Senate Bills. Introduction - First Reading of Bills. Senate Bill 369, offered by Representative Winters, a Bill for an Act concerning conservators of the peace. Senate Bill 372, offered by Representative Saviano, a Bill for an Act concerning Physician Assistant Practice Act. Senate Bill 374, offered by Representative Moore, a Bill for an Act concerning occupation and use taxes. Senate Bill 406, offered by Representative Churchill, a Bill for an Act to amend the Check Number Act. Senate Bill 444, offered by Representative Giglio, a Bill for an Act to amend the Nursing Home Care Act. Senate Bill 548, offered by Representative Crotty, a Bill for an Act to amend the Illinois Vehicle Code. Senate Bill 569, offered by Representative Stephens, a Bill for an Act to amend the School Code. Senate Bill 658, offered by Representative Parke, a Bill for an Act concerning employment, amending named Acts. Senate Bill 663, offered by Representative Scully, a Bill for an Act to amend the Telephone Solicitations Act. Senate Bill 777, offered by Representative Ryder, a Bill for an Act to amend the State Finance Act. Senate Bill 780, offered by Representative Winters, a Bill for an Act concerning the placement of children, amending named Acts. Senate Bill 791, offered by Representative Winters, a Bill for an Act to amend the Environmental Protection Act. Senate Bill 805, offered by 3  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Representative Biggins, a Bill for an Act concerning certain financial services, amending named Acts. Senate Bill 815, offered by Representative Kosel, a Bill for an Act to amend the Environmental Protection Act. Senate Bill 860, offered by Representative Kosel, a Bill for an Act to amend the Illinois Public Aid Code. Senate Bill 876, offered by Representative Winters, a Bill for an Act to amend the School Code. Senate Bill 920, offered by Representative Winters, a Bill for an Act concerning builders and developers. Senate Bill 949, offered by Representative Winters, a Bill for an Act to amend the Public Utilities Act. Senate Bill 968, offered by Representative Winters, a Bill for an Act to amend the Environmental Protection Act. Senate Bill 1001, offered by Representative Crotty, a Bill for an Act to amend the Metropolitan Water Reclamation District Act. Senate Bill 1048, offered by Representative Lopez, a Bill for an Act creating the Diabetes Self-Management Training and Education Act. Senate Bill 1084, offered by Representative McGuire, a Bill for an Act in relation to assistive technology. Senate Bill 1094, offered by Representative Winters, a Bill for an Act to amend the Property Tax Code, amending named Acts. First Reading of these Senate Bills."

Speaker Granberg: "Representative Hoeft, for purposes of an announcement."

"Thank you, Mr. Speaker. Matter of announcement to the whole Chamber, we have a challenge here today. Anne Zickus birthday is today and her secretary Sandy Hoffman, stayed up all night. We have four cakes in the front. That's representing one cake for every 25 years, in Anne's life. Under the auspices that a fat Chamber is a happy Chamber. I'd like to introduce everyone to get down here and start 4  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 digging in, cause it's going to take awhile. Happy birthday Anne."

"The Lady from Cook, Representative Currie."

"Thank you Speaker, and Members of the House. An equal opportunity announcement from our side of the aisle. One of our very fair Representatives is also celebrating a birthday, Carol Ronen. I'm happy to report that we asked the baker to take all the calories out of the cake, before delivering it to the House Floor. So you're all welcome to this side of the aisle, to help celebrate with Carol, and her cake. And we can assure you it will add not an inch to your waistline."

"Representative Currie, you didn't indicate how old Carol Ronen is. Ladies and Gentleman, there are approximately 60 Senate Bills on First Reading in the House, that need House Sponsors. So, if you'd care to review the Bills that are on First Reading, the Senate Bills, they do need to be picked up for the other Members in Chamber. So come up to the Well and review the Bills and just file that... file the appropriate notice with the Clerk. Also if you have a Bill on Third Reading, please notify the Clerk or the Assistant Clerk, if you intend to put an Amendment on that Bill at Second, so we can put those Bills on Second Reading later today. If you have a Bill on Third Reading, that you would like to bring back to Second Reading for purposes of an Amendment, give the Bill number and the Amendment number to the Clerk or the Assistant Clerk. We will go back to those Bills later in the afternoon. Also, if you have a Bill on Second Reading, give that Bill number and the Amendment to the Clerk, if you would like to have that Amendment go through Rules Committee. That way we can compile a list with the 5  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 numerous Bills on the Calendar. So if you have a Bill on Second, you have an Amendment you would like to have adopted in Rules Committee, just give that notice to the Clerk, or the Assistant Clerk and they will make the necessary notation, so those Amendments will be heard in the Rules Committee. Mr. Clerk, House Bill 169, what is the status of that Bill?"

"House Bill 169 is on the Order of Third Reading."

"Return it to Second. House Bill, Second Reading. House Bill 43, Representative Tom Dart. Is Representative Dart, in the Chamber? House Bill 7, Representative Klingler. Representative Klingler, would you like to move the Bill to Third Reading, Ma'am? Representative Gwenn Klingler. Is the Lady in the Chamber? Out of the record. House Bill 8, Representative Moffitt. Mr. Moffitt, would you like to have the Bill moved to Third Reading, Sir? Mr. Clerk, read the Bill."

"House Bill 8."

"Third Reading. Out of the record, Mr. Moffitt? Out of the record. Second Reading. House Bill 15, Representative Capparelli. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 15, a Bill for an Act to amend the Illinois Pension Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments."

Speaker Granberg: "Third Reading. Back to House Bill 7, Representative Klingler. Now you're in the Chamber. Do you want to move your Bill to Third Reading? Read the Bill, Mr. Clerk."

"House Bill 7, a Bill for an Act to improve the Illinois Pension System. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 6  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Third Reading. House Bill 23, Representative Lindner. Representative Lindner. Representative Lindner, do you wish to have your Bill, moved? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 23, a Bill for an Act to amend the Illinois Pension Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 29, Representative Dart. Out of the record. House Bill 43, Representative Dart. (sic- House Bill) 43, Representative Dart. Out of the record. House Bill 53, Representative Dart. Mr. Dart. On the order of Dart. On the order of Dart, 61. How about 61, Representative Dart? Representative Dart. Out of the record. (sic-House Bill) 62. House Bill 62. Out of the record. House Bill 63. Out of the record. House Bill 73, Representative Schakowsky. Is the Lady in the Chamber? Representative Schakowsky. House Bill 110, Representative Poe. The Gentleman from Sangamon, do you wish to move the Bill to Third Reading, Representative? Read the Bill, Mr. Clerk."

"House Bill 110, a Bill for an Act concerning Public Employee Pensions. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 111, Representative Gash. Is the Lady in the Chamber? Representative Gash. Out of the record. House Bill 126, Representative Santiago. Out of the record. (sic-House Bill) 128. Out of the record. House Bill 140, Representative Steve Davis. Representative Steve Davis. The Gentleman in the Chamber? Out of the record. House Bill 143, Representative Davis. 7  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Out of the record. House Bill 152, Representative Fritchey. Out of the record. House Bill 153, Representative Brunsvold. Representative Joel Brunsvold. Out of the record. House Bill 154, Representative Cowlishaw. Representative Cowlishaw. Is the Lady in the Chamber? Representative Cowlishaw. Is she in the Chamber? Out of the record. (sic-House Bill) 155, Representative Roskam. Representative Peter Roskam. Read the Bill, Mr. Clerk."

"House Bill 155, a Bill for an Act to amend the Liquor Control Act of 1934. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 168, Representative Lang. The Gentleman from Skokie, Representative Lang. Out of the record. House Bill 175, Representative Lang. Out of the record. (sic- House Bill) 177. Out of the record. (sic-House Bill) 178. Out of the record. (sic-House Bill) 182. Read the Bill, Mr. Clerk."

"House Bill 182, a Bill for an Act amending the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 offered by Representative Lang has been recommended by Rules for adoption."

Speaker Granberg: "The Gentleman from Skokie, Representative Lang. On the Amendment."

"One moment, Mr. Speaker. Thank you, Mr. Speaker, Ladies and Gentlemen. Floor Amendment #1 is a cleanup language on the Bill, which is why it got right out of Rules, and did not go to a Substantive Committee. It's very minor changes. And I would move adoption."

"The Gentleman moves for the adoption of Floor 8  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Amendment #1. On that the Gentleman from Vermilion, Representative Black."

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

"He indicates he will."

"Yes, Representative, it was hard to hear you. The Amendment adds to the Bill? It does not become the Bill?"

"That is correct, Mr. Black. The Amendment cleans up something to make it on the same playing field as the original Bill. It talks about being a thousand feet away from a school or other establishment. And there is just some cleanup language on page 6, of the Amendment."

"And what is the penalty for a juvenile who carries a bomb, within a thousand feet of one of these institutions?"

"Well I can't tell you as I stand here now, Mr. Black."

"What's the underlying penalty then for anyone, age 15 or older, who violates any provision of your Bill, as Amended?"

"Mr. Black, we seem to have some confusion over here right now. Let's take this out of the record and we'll try to get your questions answered."

"Thank you."

Speaker Granberg: "Out of the record. House Bill 207, Representative Ronen. Representative Ronen. Is the Lady in the Chamber, or is she celebrating her birthday? Out of the record. House Bill 216, Representative Brunsvold. Representative Joel Brunsvold. Gentleman in the Chamber? Out of the record. House Bill 231, Representative Gash. Representative Lauren Gash, do you wish to move the the Bill to Third Reading? Out of the record. House Bill 248, Representative Hartke. Congressman. Read the Bill, Mr. Clerk." 9  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Clerk Rossi: "House Bill 248, a Bill for an Act concerning highways. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 272, Representative Hartke. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 272, a Bill for an Act to amend the Township Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments approved for consideration."

Speaker Granberg: "Third Reading. House Bill 321, Representative... the Gentleman from Vermilion, Representative Black. For what purpose do you rise?"

"Thank you very much, Mr. Speaker. An Inquiry of the Chair."

"State your Inquiry."

"I'm late, but I would ask indulgence of the Chair. Representative Hartke moved a Bill, prior to this, I think it was 248. Our records indicate that he had filed a Floor Amendment to the Bill. Did you withdraw the Amendment? Or..."

Speaker Granberg: "That Amendment was assigned to Rules, Representative Black. So it was not up for consideration. I don't know if the Gentleman wants to move the Bill back, at Second, if the Amendment is approved by Rules, later in the week."

"But it is his Amendment, correct?"

"Yes."

"Well, we'll stand with you to get a fair hearing on that Amendment, Congressman. We're here to help."

Speaker Granberg: "Thank you, Mr. Black. Always a pleasure. House Bill 321, Representative Moore. Representative 10  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Andrea Moore. Is the Lady in the Chamber? Representative Moore. Representative Moore. Out of the record. House Bill 194, Representative Schakowsky. Did you wish to have that Bill read? Read the Bill, Mr. Clerk."

"House Bill 194, a Bill for an Act in relation to privatization of government services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. A Fiscal Note and a State Mandates Note have been requested on the Bill, and have not been filed."

"Leave the Bill on Second Reading. House Bill 353, Representative Lindner. Representative Lindner, do you wish... ? Read the Bill, Mr. Clerk."

"House Bill 353, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 641, 641, Representative Michael Smith. Representative Smith, do you wish to move the Bill to Third Reading? Out of the record. House Bill 661, Representative Scott. Representative Scott. Is the Gentleman in the Chamber? Is Representative Scott in the Chamber? Out of the record. House Bill 794, Representative Holbrook. Tom, do you wish to move the Bill to Third? (sic-House Bill) 794. Read the Bill, Mr. Clerk."

"House Bill 794, a Bill to amend the Public Building Commission Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 796, Representative Holbrook. Out of the record. House Bill 1010, Representative Scott. Representative Doug Scott. Is the 11  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Gentleman in the Chamber? Representative Scott. Out of the record. House Bill 1011. Out of the record. House Bill 1018, Representative Holbrook. Tom, do you wish to move that Bill? Out of the record. House Bill 1048, Representative Tom Johnson. Tom, do you wish to move that Bill to Third Reading, Sir? (sic-House Bill) 1048. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1048, a Bill for an Act to amend the Property Tax Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1089, Representative Gash. Representative Lauren Gash. Out of the record. House Bill 1093, Representative Fritchey. Representative Fritchey, is the Gentleman in the Chamber? Out of the record. House Bill 1175, Representative Bost. Mike, do you wish to move the Bill to Third Reading? Read the Bill, Mr. Clerk."

"House Bill 1175."

"I'm sorry, (sic-House Bill) 1178."

Clerk Rossi: "House Bill 1178, a Bill for an Act to amend the Illinois Highway Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments approved for consideration."

"Third Reading. House Bill 1188, Representative Hughes. Representative Anne Hughes. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1188, a Bill for an Act Amending the Counties Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments approved for consideration."

"Third Reading. House Bill 1193, Representative 12  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Hughes. Read the Bill, Mr. Clerk."

"House Bill 1193, a Bill for an Act concerning local governments. Second Reading of this House Bill. Amendments 1 and 2 were adopted in Committee. No Motions filed. No Floor Amendments approved for consideration."

"Third Reading. House Bill 154, Representative Cowlishaw. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 154, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments approved for consideration."

"Third Reading. House Bill 1218, Representative Clayton. Verna, do you wish to have the Bill moved? Read the Bill, Mr. Clerk."

"House Bill 1218, a Bill for an Act to amend the Illinois Highway Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments approved for consideration."

"Third Reading. House Bill 1223, Representative Bergman. Representative Bergman. Representative Bergman. Representative Bergman. Read the Bill, Mr. Clerk."

"House Bill 1223, a Bill for an Act to amend the Illinois Highway Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments approved for consideration."

Speaker Granberg: "Third Reading. House Bill 1234, Representative Scott. Representative Doug Scott, is the Gentleman in the Chamber? Out of the record. House Bill 1250, Representative Mulligan. Representative Rosemary Mulligan, is the Lady in the Chamber? Do you wish to move the Bill to Third? Out of the record. House Bill 1313, Representative Lindner. Representative Lindner, is the 13  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Lady... is the Lady in the Chamber? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1313, a Bill for a Act relating to school lands and facilities. Second Reading of this House Bill. Amendments 1 and 2 were adopted in Committee. No Motions filed. No Floor Amendments approved for consideration."

"Is there an objection by Representative Black? Third Reading. House Bill 1395, Representative Moffitt. Representative Don Moffitt, is the Gentleman in the Chamber? Don, do you wish to move your Bill to Third Reading? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1395, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill Amendment #1 was adopted in Committee. No Motions filed. No floor Amendments approved for consideration."

Speaker Granberg: "Third Reading. House Bill 1409, Representative Stroger. Representative Todd Stroger. Is the Gentleman in the Chamber? Out of the record. House Bill 1417, Representative Novak. Phil, do you wish to move the Bill to Third Reading, 1417? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1417, a Bill for an Act to amend the Counties Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1420, Representative Holbrook. Representative Tom Holbrook, do you wish to move your Bill to Third Reading, Sir? Out of the record. House Bill 1470, Representative Steve Davis. Read the Bill, Mr. Clerk."

"House Bill 1470, a Bill for an Act to amend the Illinois Highway Code. Second Reading of this House Bill. 14  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 147, Representative Davis. Read the Bill, Mr. Clerk. (sic-House Bill) 147."

Clerk Rossi: "House Bill 147, a Bill for an Act in relation to higher education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Out of the record. House Bill 140. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 140, a Bill for an Act in relation to the penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Steve Davis, has been approved for consideration."

"The Gentleman from Madison, Representative Davis, on Floor Amendment #1." Davis, Steve: "Thank you, Mr. Speaker, and Members of the House. Floor Amendment #1, to House Bill 140, simply addresses one of the concerns do several of the Members of the House Judiciary II Committee. Originally, House Bill 140 was going to increase penalties on convicted felons who were caught in the use of... with the possession of a weapon. However, due to the concerns of Representative Tom Johnson, in Committee, I hereby offer this Amendment that would change the violation of this section by possessing a firearm as a Class II Felony. And violation of this section, other than by possession of a firearm, is a Class III Felony. Also on page six, line two, by inserting after 1961 the following; if the offense involved the possession 15  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 of a firearm. And on page 18, line nine by inserting after 1961 the following; if the offense involved possession of a firearm. I think that the concerns of some of the Members of the Committee were that, number one the fiscal cost and the Fiscal Note on this particular piece of legislation was a little exorbitant. And by cleaning up the language and by focusing on firearms instead of weapons, it brings the Fiscal Note cost down on this. And I would just certainly ask for the Members of this House's support on House Floor Amendment #1."

"The Gentleman from Vermilion, Representative Black."

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

"He indicates he will."

"Representative, the Amendment simply clarifies the Bill is that correct?" Davis, Steve: "Yes, Representative."

"I can't match it up, so bear with me here. On the Amendment it provides that a violation by a convicted felon who possesses a weapon, other than a firearm, will be a Class III Felony. And I'm trying to match this in the Bill. What would... what is an example of a weapon other than a firearm, in the underlying Bill?" Davis, Steve: "Well Representative, the problem with... the problem with the original Bill was, we said any felon in possession of a weapon. Well, the definition of a weapon could be many things, Sir. And it could be anything as innocent as a pen or a pencil or anything as brutal as, possibly, a ball bat, really. But what we wanted to do was actually go after the felons who are in possession of firearms. I think that that was my original intent. And 16  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 I think that that's the intent of the Committee."

"Well, then is it my understanding, that the definition that I'm after, weapon other than a firearm would that appear in the Criminal Code? I'm trying to make sure I understand, or somewhere I can go find out, what the definition of a weapon is, other than a firearm." Davis, Steve: "I understand your question Representative, I don't particularly have that answer. And I don't know if that... I'm not a lawyer and I do not know if the definition of a weapon, per se, is spelled out in the Criminal Codes in the Illinois State Statutes."

"Okay. I'll... you've answered my question on the Amendment, Representative. And we'll... we may want to discuss this when you move the Bill to Third. So I appreciate your time. Thank you." Davis, Steve: "Thank you."

"Anything further? There be nothing further. The Gentleman moves for the adoption of Floor Amendment #1 to House Bill 140. On that question, all in favor say 'aye'; all opposed say 'nay'. The Amendment is adopted. Third Reading. Further Amendments, Mr. Clerk."

"No further Amendments."

Speaker Granberg: "Third Reading. House Bill 1250, Representative Mulligan. Representative Mulligan, would you like to move the Bill to Third Reading? (sic-House Bill) 1250, 1250. Out of the record. House Bill 1305, Representative Stroger. Is the Gentleman in the Chamber? Out of the record. House Bill 1671, Representative Zickus. Representative Anne Zickus, is the Lady in the Chamber? Representative Zickus. Out of the record. House Bill 1719, Representative Stroger. Out of the record. House Bill 1735, Representative Howard. Connie Howard. Read the 17  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill, Mr. Clerk."

"House Bill 1735, a Bill for an Act concerning environmental cleanup. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. The Gentleman from Vermilion, Representative Black."

"Mr. Speaker, in all due respect to the Sponsor, I believe he indicated in Committee, this Bill would be held on Second Reading, until some matters were negotiated or worked out. And I'm not aware that that has in fact happened. I don't know whether the Gentleman wants it to move to Third."

"The Lady. The Lady."

"I'm sorry, the Lady. I'm sorry."

"Connie, Representative Black says it's his understanding that the Bill is to remain on Second. Can you comment on that?"

"I wasn't aware that the agreement has not been worked out, Representative Black. I certainly remember that agreement. And I, therefore, will ask that it remain on Second."

Speaker Granberg: "Take the Bill out of the record. Representative Black."

"Thank you."

"Return that to Second Reading. House Bill 1881, Representative Black. Read the Bill, Mr. Clerk."

"House Bill 1881."

"(sic-House Bill) 1883, I'm sorry."

"House Bill 1883, a Bill for an Act concerning adult entertainment facilities. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions 18  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 filed. No Floor Amendments."

Speaker Granberg" "Third Reading. House Bill 2157, Representative Dart. Representative Tom Dart. Is the Gentleman in the Chamber? Out of the record. House Bill 2161, Representative Scott. Representative Doug Scott. Out of the record. House Bill 2181, Representative Wood. Representative Wood, would you wish to have that Bill moved to Third Reading? Out of the record. House Bill 2217, Representative Leitch. Representative Leitch. David, do you wish to have that Bill moved? Read the Bill, Mr. Clerk."

"House Bill 2217, a Bill for an Act amending the Government Salary Withholding Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 2219, Representative Leitch. Out of the record. House Bill 2241, Representative Brosnahan. Representative Brosnahan, do you wish to move the Bill? Out of the record. House Bill 2245, Representative McCarthy. Representative Kevin McCarthy. Out of the record. House Bill 2246, Representative Mautino. Representative Frank Mautino. Is the Gentleman in the Chamber? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 2246, a Bill for an Act amending the Counties Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. A Fiscal Note has been requested on the Bill and has not been filed."

"Leave the Bill on Second Reading. Hold the Bill on Second. If anyone in the Chamber wants to move their Bill to Third Reading, please advise the Clerk, or Deputy Clerk. We're going to go through the House Bills on Second Reading, in numerical order once more, to give you an opportunity to move your Bill. You might be advised, 19  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 this might be the opportunity to do that, if you have the chance. House Bill 8, Representative Moffitt. Out of the record. House Bill 29, Representative Dart. Out of the record. House Bill 73, Representative Schakowsky. Representative Schakowsky. Is the Lady in the Chamber? Representative Jan Schakowsky. Out of the record. House Bill 153, Representative Brunsvold. Is the Gentleman... has the Gentleman returned to the Chamber? Representative Brunsvold. House Bill 244, Representative Pankau. Representative Pankau, do you wish to move the Bill? Read the Bill, Mr. Clerk."

"House Bill 244."

"Representative Pankau, we're advised that that Bill is on Third Reading. Just a moment. We could go to that order. Representative Pankau, I'm sorry, we're doing Second Reading right now. We thought your Bill was on Second Reading. Out of the record. House Bill 251, Representative Mike Boland. Representative Boland. Read the Bill, Mr. Clerk."

"House Bill 251, a Bill for an Act amending the Illinois Pension Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 268, Representative Shirley Jones. Shirley, do you wish to move the Bill to Third Reading? Out of the record. House Bill 275, Representative Mulligan. Do you wish to move the Bill to Third Reading, Representative? (sic-House Bill) 275. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 275, a Bill for an Act amending the Property Tax Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. 20  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 No Floor Amendments."

"Third Reading. House Bill 291, Representative Lang. Representative Lang. Is the Gentleman in the Chamber? Out of the record. House Bill 358, Representative Novak. Representative Phil Novak. Read the Bill."

Clerk Rossi: "House Bill 358, a Bill for an Act amending the Residential Real Property Disclosure Act. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 368, Representative Saviano. Representative Skip Saviano. Out of the record. House Bill 391, Representative Erwin. Representative Erwin. Read the Bill, Mr. Clerk."

"House Bill 391, a Bill for an Act concerning abortions. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 410, Representative Ryder. The Gentleman from Jersey, Representative Ryder. Is the Gentleman in the Chamber, or does he wish to have this Bill moved? Thank you, Representative Ryder. Out of the record. House Bill 411, Representative Lopez. Out of the record. House Bill 416, Representative Monique Davis. Monique, Representative Davis. Read the Bill, Mr. Clerk. We're moving it from Second to Third."

Clerk Rossi: "House Bill 416, a Bill for an Act to amend the Public Utilities Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 424, Representative Slone. Representative Ricca Slone. Would you like to move the Bill to Third Reading, Ma'am? Out of the record. House Bill 425, Representative Cross. Out of the record. House 21  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill 442, Representative Mary Flowers. Would the Lady... Out of the record. House Bill 444, Representative Flowers. (sic-House Bill) 444. Would you like to have the Bill moved to Third Reading? Read the Bill, Mr. Clerk."

"House Bill 444, a Bill for an Act to amend the Hospital Licensing Act. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 447, Representative Flowers. (sic-House Bill) 447. Read the Bill, Mr. Clerk."

Clerk Rossi: " House Bill 447, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 449, Representative Cowlishaw. Representative Cowlishaw, (sic-House Bill) 449. Do you wish to move that Bill? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 449, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 452, Representative Cowlishaw. Do you wish to move that Bill as well? Read the Bill, Mr. Clerk."

"House Bill 452, a Bill for an Act to create a fair and equitable funding formula for schools. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Third Reading. House Bill 483, Representative Deering. Representative Terry Deering, do you wish to have the Bill moved to Third Reading? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 483, a Bill for an Act to amend the 22  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments."

Speaker Granberg: "Third Reading. House Bill 484, Representative Deering. Representative (sic-House Bill) 484, do you wish to move the Bill to Third Reading? Read the Bill, Mr. Clerk."

"House Bill 484, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 486, Representative Morrow. Representative Charles Morrow. Charles, do you wish to move the Bill? Out of the record. House Bill 489, Representative Larry Woolard. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 489, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 494, Representative Turner. Representative Art Turner. Is the Gentleman in the Chamber? Does the Gentleman wish to move the Bill? Out of the record. House Bill 498, Representative Schoenberg. Representative Jeff Schoenberg, is the Gentleman in the Chamber? Out of the record. House Bill 522, Representative Bugielski. (sic-House Bill) 522, Representative Bugielski. Out of the record. House Bill 524, Representative Leitch. Dave, do you wish to move (sic-House Bill) 524? Read the Bill, Mr. Clerk."

"House Bill 524, a Bill for an Act concerning districts. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments." 23  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Third Reading. House Bill 525, Representative Leitch. Out of the record. House Bill 528, Representative Wood. Representative Wood, do you want to move it to Third Reading? Very good, very good. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 528, a Bill for an Act amending the Property Tax Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Do you wish to speak, Representative Wood? Third Reading. House Bill 533, Representative Moore. Andrea Moore. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 533, a Bill for an Act amending the Service Use Tax Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 535, Representative Ricca Slone. Representative Slone. Read the Bill, Mr. Clerk."

"House Bill 535, a Bill for an Act concerning health benefit notices. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 538, Representative Lang. Is the Gentleman from... Read the Bill, Mr. Clerk."

"House Bill 538, a Bill for an Act amending the Code of Civil Procedure. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 545, Representative Cross. Read the Bill, Mr. Clerk."

"House Bill 545, a Bill for an Act amending the Criminal Proceeding Interpreter Act. Second Reading of this 24  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 552, Representative Durkin. Jim, do you wish to move the Bill? Read the Bill, Mr. Clerk. Out of the record. House Bill 568, Representative Burke. Dan, do you wish to move the Bill to Third Reading? (sic-House Bill) 568. Read the Bill, Mr. Clerk."

"House Bill 568, a Bill for an Act to amend the Code of Civil Procedure. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 570, Representative Burke. Representative Burke. Representative Burke. Representative Burke, would you like to move this Bill, as well? (sic-House Bill) 570. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 570, a Bill for an Act amending the Illinois Clean Indoor Air Act. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motion filed. No Floor Amendments."

"Third Reading. House Bill 574, Representative Hannig. Representative Gary Hannig, is the Gentleman in the Chamber? Out of the record. House Bill 577, Representative Saviano. Representative Saviano. Read the Bill, Mr. Clerk."

"House Bill 577, a Bill for an Act to amend the State Police Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 579, Representative Capparelli. 'Capp', do you wish to move the Bill to Third Reading? (sic-House Bill) 579. We can bring it back to 25  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Second, Representative, if you would like. After it's moved to Third. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 579, a Bill for an Act concerning insurance coverage for certain dental expenses. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 586, Representative Mike McAuliffe. Is the Gentleman in the Chamber? Representative McAuliffe. Read the Bill, Mr. Clerk."

"House Bill 586, a Bill for an Act amending the Illinois Banking Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions Filed."

Speaker Granberg: "Third Reading. House Bill 591, Representative John Turner. John, do you wish to move the Bill to Third? Read the Bill, Mr. Clerk."

"House Bill 591, a Bill for an Act to amend the Code of Criminal Procedure of 1963. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Third Reading. House Bill 593, Representative Hoeft. Out of the record. House Bill 596, Representative Zickus. Has the Lady returned to the Chamber? Read the Bill, Mr. Clerk. Out of the record. House Bill 609, Representative Kenner. Representative Kenner. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 609, a Bill for an Act amending the Personnel Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 611, Representative Kenner. Representative Kenner, on (sic-House Bill) 611, 26  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 (sic-House Bill) 611, Representative Kenner. Out of the record. On the order of Cross, House Bill 613, on the order of Cross. Read the Bill, Mr. Clerk."

"House Bill 613, a Bill for an Act to amend the Business Corporation Act of 1983. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 614, Representative Lang. Representative Lou Lang. Out of the record. House Bill 619, Representative Currie. Is the Lady in the Chamber? Representative Barbara Currie. Out of the record. House Bill 621, Representative Mary Flowers. Representative Flowers. Representative Mary Flowers. Is the Lady in the Chamber? Out of the record. House Bill 622, Representative Flowers. Out of the record. House Bill 628, Representative Schakowsky. Representative Jan Schakowsky, do you wish to have the Bill moved to Third? Read the Bill, Mr. Clerk."

"House Bill 628, a Bill for an Act concerning interest. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Third Reading. House Bill 629, Representative Carol Ronen. Is the Lady in the Chamber? House Bill 629, Representative Ronen. Out of the record. House Bill 646, Representative Brunsvold. Representative Brunsvold. Representative Joel Brunsvold. Out of the record. House Bill 648, Representative Lawfer. Is the Gentleman in the Chamber? Representative Ron Lawfer. Representative Lawfer. Out of the record. House Bill 652, Representative Boland. Representative Mike Boland. Representative Boland. Out of the record. House Bill 654, Representative Phelps. Representative David Phelps. Out of the record. House Bill 27  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 672, Representative Cross. An additional Cross Bill. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk."

"House Bill 672, a Bill for an Act concerning elections. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Third Reading. House Bill 678, Representative Saviano. Read the Bill, Mr. Clerk."

"House Bill 678, a Bill for an Act amending the Beer Industry Fair Dealing Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 685, Representative Saviano. Out of the record. House Bill 689, Representative Phelps. (sic-House Bill) 689, Representative Phelps. Representative Phelps. Mr. David Phelps. Congressman Phelps. Read the Bill, Mr. Clerk."

"House Bill 689, a Bill for an Act amending the School Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Third Reading House Bill 699, Representative Erwin. Is the Lady in the Chamber, Representative Judy Erwin? What is the status of House Bill 679?"

Clerk Rossi: "House Bill 679, a Bill for an Act to amend the Liquor Control Act of 1934. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions have been filed. No Floor Amendments. The Fiscal Note request and the Home Rule Note request, has been withdrawn."

"Anything further?"

"Nothing further." 28  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Third Reading. House Bill 614, Representative Lang. Mr. Clerk."

Clerk Rossi: "House Bill 614, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 offered by Representative Lang, has been approved for consideration."

Speaker Granberg: "The Gentleman from Cook, Representative Lang, on the Amendment."

"Thank you, Mr. Speaker. Withdraw Amendment #1, please."

"Withdrawn. Anything further?"

Clerk Rossi: "No further Amendments have been approved for consideration."

"The Gentleman from Cook."

"Thank you. Inquiry of the Clerk. Is Amendment 2 still in the Rules Committee?"

Clerk Rossi: "Amendment 2 is still assigned to the Rules Committee."

"All right, thank you."

"Hold the Bill on Second. On the order of Cross, House Bill 712. Out of the record. House Bill 718, Representative Deering. Representative Terry Deering. Is the Gentleman in the Chamber? Out of the record. House Bill 722, Representative Steve Davis. (sic-House Bill) 722, Representative Davis. Read the Bill, Mr. Clerk."

"House Bill 722, a Bill for an Act in relation to amphetamine and methamphetamine. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 725, Representative Burke. Do you wish to have the Bill moved to Third Reading, Representative? (sic-House Bill) 725. Read the Bill, Mr. 29  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Clerk. The Gentleman from Vermilion, Representative Black."

"Yeah. Thank you, very much. Mr. Speaker an Inquiry of the Chair. This is again another Bill that our Committee Staff notes, indicated, would be held on Second pending the working out of whatever difficulties the Bill might of occurred. We're not aware that that has occurred. We would assume the Sponsor would want to hold the Bill on Second."

Speaker Granberg: "The Gentleman from Cook, Representative Burke."

"Thank you, Speaker. I don't recall that discussion, Representative, if you could refresh my memory. I have no problem in holding it, but I'd like to be reminded of the..."

"Okay. Let me get the file out. I wasn't in that Committee, but it is on one of our marked lists that was going to be held on Second. Can you bear with us just a minute here? Representative Burke, our notes indicate that there was an objection by the Illinois Pharmacists Association and that you were going to attempt to work some language out with them. I noticed that the Bill came out, unanimously, so it must of been a relatively mild objection. And I'll stand corrected if that in fact... if we've made a mistake on our notes."

"Representative, I neither recall a conversation with that organization, the day of the hearing. Nor have they made any attempt to reach me subsequent to the Committee Hearing."

"Okay. All right, then I... we'll... I'll withdraw my objection and I appreciate the indulgence of the Chair."

Speaker Granberg: "Thank you, Mr. Black. Third Reading. Mr. Clerk, what is the status of House Bill 725?"

"House Bill 725, a Bill for an Act to amend the 30  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Right of Conscience Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 729, Representative Feigenholtz. Is the Lady in the Chamber? Representative Feigenholtz. Out of the record. House Bill 730, Representative Ryder. Does the Gentleman wish to have that Bill moved? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 730, a Bill for an Act to amend the Illinois Housing Development Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 733, Representative Bugielski. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 733, a Bill for an Act to amend the Illinois Banking Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 745, Representative Deering. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 745, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 752, Representative Bugielski. Read the Bill, Mr. Clerk."

"House Bill 752, a Bill for an Act concerning income taxes. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 762, Representative Saviano. Out of the record. House Bill 767, Representative Novak. Phil Novak. Read the Bill, Mr. Clerk." 31  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"House Bill 767, a Bill for an Act to amend the Environmental Protection Act. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Third Reading. House Bill 772, Representative Persico. Representative Vince Persico. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 722, a Bill for Act to amend the Illinois Solid Waste Management Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 791, Representative Saviano. (sic-House Bill) 791. Read the Bill, Mr. Clerk."

"House Bill 791, a Bill for an Act to amend the Illinois Plumbing License Law. Second Reading of this House Bill. Amendments 1 and 2 were adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 795, Representative Holbrook. Tom, do you wish to move the Bill? Read the Bill, Mr. Clerk."

"House Bill 795, a Bill for an Act to amend the Open Meetings Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. A Fiscal Note, a State Mandates Note, a Home Rule Note have been requested on the Bill, and have not been filed."

Speaker Granberg: "Hold the Bill on Second. House Bill 806, Representative Biggins. Read the Bill, Mr. Clerk."

"House Bill 806, a Bill for an Act to create the Home Inspection Fraud Prevention Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 809, Representative 32  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Lang. Out of the record. House Bill 811, Representative Mike Weaver. Is the Gentleman in the Chamber? Representative Weaver. Representative Mike Weaver. Out of the record. House Bill 813, Representative Deering. Representative Terry Deering, is the Gentleman in the Chamber? Out of the record. House Bill 818, Representative Hassert. Brent, do you wish to move the Bill to Third Reading? Out of the record. House Bill 819, Representative Phelps. (sic-House Bill) 819 David. Out of the record. House Bill 823, Representative Scully. Scully. Out of the record. House Bill 826, Representative Monique Davis. Representative Monique Davis. Read the Bill."

"House Bill 826, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 829, Representative Woolard. Representative Larry Woolard. (sic-House Bill) 829. Read the Bill, Mr. Clerk."

"House Bill 829, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. An Inquiry of the Sponsor of the Bill."

Speaker Granberg: "Representative Woolard. Representative Woolard, Representative Black has a question."

"Representative Woolard, again, our files indicate that there was an agreement to hold this Bill on Second. Do you recall any such agreement?" 33  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Hold it, yeah."

"All right."

"Out of the record."

"Thank you very much, Mr. Speaker."

Speaker Granberg: "Thank you, Mr. Black. Mr. Black? Mr. Black? Mr. Black? How are those Cubs?"

"Hanging right in there with the Cardinals, Mr. Speaker."

"House Bill 845, Representative McGuire. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 845, a Bill for an Act to amend the Clerks of Courts Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 851, Representative Schoenberg. Representative Jeff Schoenberg, is the Gentleman in the Chamber? Jeff Schoenberg. Out of the record. House Bill 857, Representative Holbrook. Representative Tom Holbrook. Out of the record. House Bill 860, Representative Burke. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 860, a Bill for an Act extending the Board of Speech Language, Pathology, and Audiology concerning the practice of speech language, pathology and audiology. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Burke, has been approved for consideration."

Speaker Granberg: "The Gentleman from Cook, Representative Burke."

"Speaker, would you take this out of the record for a moment?"

Speaker Granberg: "Out of the record. House Bill 863, Representative Winters. Dave Winters. Out of the record. House Bill 864, Representative Ronen. Carol Ronen. Do you 34  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 wish to move the Bill to Third Reading? Out of the record. (sic-House Bill) 865, Representative Cross. On the order of Cross. Read the Bill, Mr. Clerk."

"House Bill 865, a Bill for an Act concerning the access to telecommunications services. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Mr. Clerk, take the Bill out of the record. House Bill 887, Representative Winkel, (sic-House Bill) 887. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 887, a Bill for an Act to amend the Solicitation for Charity Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 889, Representative Zickus. Representative Ann Zickus. Read the Bill, Mr. Clerk."

"House Bill 889, a Bill for an Act to amend the Oaths and Affirmations Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 895, Representative Zickus. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 895, a Bill for an Act to amend the Illinois Certified Shorthand Reporters Act of 1984. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 904, Representative Andrea Moore. Representative Moore, (sic-House Bill) 904. Out of the record. House Bill 905, Representative Biggins. Bob, do you wish to move the Bill to Third Reading? House Bill... Read the Bill, Mr. Clerk." 35  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Clerk Rossi: "House Bill 905, a Bill for an Act to amend the State Comptroller Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Third Reading. (sic-House Bill) 907, Representative Schoenberg. Has the Gentleman returned to the Chamber? Representative Jeff Schoenberg. Out of the record. House Bill 914, Representative Murphy. Representative Harold Murphy. Is the Gentleman in the Chamber? Out of the record. House Bill 920, Representative Zickus. The Gentleman from Vermilion, Representative Black."

"Yes. Thank you very much, Mr. Speaker. An indulgence of the Chair, and probably an abject violation of House Rules. I would like to take this opportunity to welcome the Eighth Grade Class of Cissna Park, who I believe are with us in the Gallery today."

"Do you know where they are, Representative Black?"

"I... there they are. Welcome to Springfield. Thank you."

"You're admonished. A pleasure to have you. House Bill 920, Representative Zickus. Out of the record. (sic-House Bill) 922, Representative Bugielski. Out of the record. House Bill 923, Representative Winkel. Out of the record. House Bill 925, Representative Carol Ronen. Representative Ronen, do you wish to move the Bill to Third Reading? Out of the record. House Bill 927, Representative Feigenholtz. Is the Lady in the Chamber, Representative Feigenholtz? Out of the record. House Bill 951, Representative Lindner. Representative Lindner, 951. Out of the record. House Bill 953, Representative McGuire. 36  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Jack, do you wish to move the Bill to Third Reading? Read the Bill, Mr. Clerk."

"House Bill 953, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 957, Representative Giles. Calvin Giles. Out of the record. House Bill 960, Representative Lang. Representative Lou Lang. Is the Gentleman in the Chamber? Out of the Record. House Bill 907, Representative Schoenberg. Read the Bill, Mr. Clerk."

"House Bill 907, a Bill for an Act concerning state revenue stabilization. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 593, Representative Hoeft. Read the Bill, Mr. Clerk."

"House Bill 593, a Bill for an Act to amend the Illinois Pension Code and State Mandates Act. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 968, Representative Brunsvold. Representative Joel Brunsvold. (sic-House Bill) 968. Read the Bill, Mr. Clerk."

"House Bill 968, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 216, Representative Brunsvold. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 216, a Bill for an Act concerning the local regulation of firearms. Second Reading of this House 37  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 228, Representative Brunsvold. Read the Bill, Mr. Clerk. Representative Brunsvold."

"Mr. Speaker, could you check, I think I filed an Amendment for this Bill."

Speaker Granberg: "(sic-House Bill) 228. Representative Brunsvold, on House Bill 216, there was a Floor Amendment filed that is pending in the Rules Committee. So we can move the Bill back to Second when that Amendment is approved, if you would like. House Bill 228. Do you wish to move that Bill to Third Reading?"

"Yes, I think there is an Amendment filed for that Bill, also."

"Not on (sic-House Bill) 228, Representative. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 228, a Bill for an Act to amend the Workers' Compensation Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"House Bill 519, Representative Coy Pugh. Third Reading on House Bill 228. House Bill 519. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 519, a Bill for an Act to amend the Illinois Food, Drug and Cosmetic Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. A Fiscal Notes has been requested on the Bill and has not been filed."

Speaker Granberg: "Mr. Clerk, Representative Pugh indicates that the Note request has been complied with. Could we check the records, please? Mr. Clerk." 38  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"The Note has been filed."

"You were correct, Mr. Pugh, as always. Third Reading. House Bill 957, Representative Giles. Out of the record. House Bill 977, Representative Acevedo. Representative Acevedo. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 977, 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. No Motions filed."

"Third Reading. House Bill 989, Representative McGuire. (sic-House Bill) 989. Out of the record. House Bill 992, Representative Roskam. Representative Peter Roskam. Out of the record. House Bill 993, Representative David Phelps. Mr. Phelps... in Caucus with Mr. Hartke. (sic-House Bill) 993. Out of the record. House Bill 997, Representative Deering. (sic-House Bill) 997. Read the Bill."

"House Bill 997, a Bill for an Act to amend the Coal Mining Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1023, Representative Woolard. Representative Larry Woolard. Representative Woolard, (sic-House Bill) 1023. Read the Bill."

"House Bill 1023, a Bill for an Act to amend the Environmental Protection Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1025, Representative Hannig. Gary, do you wish to move (sic-House Bill) 1025 to Third Reading? Read the Bill, Mr. Clerk."

"House Bill 1025, a Bill for an Act relating to sites for high school athletic contests. Second Reading of 39  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 this House Bill. Amendment #1 was adopted in Committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 1030, Representative Phelps. (sic-House Bill) 1030, Representative Phelps. Representative Phelps. David, (sic-House Bill) 1030. Do you wish to move that Bill to Third Reading? Out of the record. House Bill 1031, Representative McCarthy. (sic-House Bill) 1031, Representative McCarthy. Out of the record. House Bill 1035, Representative Beaubien. Read the Bill, Mr. Clerk."

"House Bill 1035, a Bill for an Act to amend the Trust and Trustees Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1036, Representative Leitch. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1036, a Bill for an Act to amend to amend the Corporate Fiduciary Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1039, Representative Woolard. Read the Bill, Mr. Clerk."

"House Bill 1039, a Bill for an Act to amend the Illinois Horse Racing Act of 1975. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1041, Representative Lopez. Out of the record. House Bill 1046, Representative Tom Johnson. Read the Bill, Mr. Clerk."

"House Bill 1046, a Bill for an Act in relation to offenses committed with explosives, devices, and flammable substances. Second Reading of this House Bill. Amendment #1 40  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 was adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 1050, Representative Brunsvold. Representative Brunsvold. Is the Gentleman in the Chamber? Representative Joel Brunsvold. Out of the record. House Bill 1058, Representative Deering. (sic-House Bill) 1058. Out of the record. House Bill 1089, Representative Gash. (sic-House Bill) 1089, Lauren. Out of the record. (sic-House Bill) 1090, Representative Gash. Out of the record. House Bill 1093, Representative Fritchey. Representative Fritchey. Is the Gentleman in the Chamber? John Fritchey. Out of the record. House Bill 1098, Representative Phelps. Representative Phelps. Representative David Phelps. Out of the record. (sic-House Bill) 1099. Out of the record. (sic-House Bill) 1101, Representative Scott. Representative Doug Scott. Read the Bill, Mr. Clerk."

"House Bill 1101, a Bill for an Act to amend the State Employee Indemnification Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1102, Representative Slone. Representative Ricca Slone. Would you like to move the Bill to Third Reading? Out of the record. House Bill 1106, Representative Saviano. Representative Saviano, (sic-House Bill) 1106. Out of the record. House Bill 1109, Representative Burke. (sic-House Bill) 1109, Representative Dan Burke. Read the Bill."

Clerk Rossi: "House Bill 1109, a Bill for an Act to create the Police Officer Disciplinary Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 41  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Third Reading. House Bill 1111, Representative Leitch. Read he Bill, Mr. Clerk."

" House Bill 1111, a Bill for an Act regarding trust relationships in the construction industry. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1113, Representative Erwin. Judy, do you wish to move the Bill to Third? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1113, a Bill for an Act to amend the Check Number Act. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 1116, Representative Moffitt. Representative Don Moffitt. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1116, a Bill for an Act in relation to taxes. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 1135, Representative Klingler. Representative Gwenn Klingler. Is the Lady in the Chamber? Read the Bill, Mr. Clerk."

"House Bill 1135, a Bill for an Act to amend the University of Illinois Act. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 1136, Representative Novak. Representative Phil Novak. Is the Gentleman in the Chamber? Representative Novak. Out of the record. House Bill 1139, Representative Gash. Representative Gash. Out of the record. House Bill 1140, Representative Cross. Read the 42  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1140, a Bill for an Act to amend the Code of Civil Procedure. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 1144, Representative Ryder. The Gentleman wish to move the Bill? Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1144, a Bill for an Act to create the Laser System Act of 1997. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 1145, Representative Lang. Read the Bill, Mr. Clerk. Mr. Lang, a new request for a Note has been filed. Leave the Bill on Second? Out of the record. House Bill 1148, Representative Kubik. Representative Jack Kubik. Does the Gentleman wish to move the Bill? Out of the record. House Bill 1149, Representative Lang. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1149, a Bill for an Act in relation to insurance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1151, Representative Bradford. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1151, a Bill for an Act to amend the Local Governmental and Governmental Employees Tort Immunity Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions filed. No Floor Amendments."

Speaker Granberg: "Third Reading. House Bill 1155, Representative Durkin. Jim, do you wish to move the Bill? Read the Bill, Mr. Clerk." 43  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"House Bill 1155, a Bill for an Act to amend the Code of Criminal Procedure of 1963. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1158, Representative Woolard. Read the Bill, Mr. Clerk. (sic-House Bill) 1158."

"House Bill 1158, a Bill for an Act to amend certain Acts in relation to animals. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1163. Read the Bill, Mr. Clerk."

"House Bill 1163, a Bill for an Act to amend the Video Movie Sales and Rentals Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1174, Representative Persico. Representative Persico. Do you wish to move the Bill? Read the Bill, Mr. Clerk."

"House Bill 1174, a Bill for an Act to amend the Hazardous Material Emergency Response Reimbursement Act. Second Reading of this House Bill. Amendments #1 and 2 were adopted in Committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1175, Representative Scott. Doug, do you wish to move the Bill? (sic-House Bill) 1175. Out of the record. (sic-House Bill) 1176, Representative Boland. Read the Bill, Mr. Clerk. (sic-House Bill) 1176. There is a State Mandates Note request Representative, that has not yet been complied with. The Bill shall remain on Second Reading. House Bill 1178, Representative Bost. Representative Bost. Representative Bost. Already on Third. House Bill 1181, 44  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Representative Wirsing. Representative Wirsing. Do you wish to move (sic-House Bill) 1181, to Third Reading? Out of the record. House Bill 1184, Representative Ryder. (sic-House Bill) 1184, do you wish to move the Bill to Third, Tom? Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1184, a Bill for an Act to amend the Sexual Exploitation in Psychotherapy Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1186, Representative Biggert. Representative Biggert. Read the Bill, Mr. Clerk."

"House Bill 1186, a Bill for an Act in relation to rights and remedies. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1195, Representative Howard. Read the Bill, Mr. Clerk."

"House Bill 1195, a Bill for an Act to guarantee payment of wage supplements to certain part-time employees. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1199, Representative Biggert. Read the Bill, Mr. Clerk. (sic-House Bill) 1199."

Clerk Bolin: "House Bill 1199, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1207, Representative Meyer. Representative Meyer, (sic-House Bill) 1207. Out 45  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 of the record. House Bill 1209, Representative Meyer. Read the Bill, Mr. Clerk."

"House Bill 1209, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 1211, Representative Meyer. Read the Bill, Mr. Clerk."

"House Bill 1211, a Bill for an Act in relation to parent-sponsored school organizations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1212, Representative Noland. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1212, a Bill for an Act in relation to certain land. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1216, Representative Saviano. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1216, a Bill for an Act to amend the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1217, Representative Beaubien. Representative, (sic-House Bill) 1217. Read the Bill, Mr. Clerk."

"House Bill 1217, a Bill for an Act to amend the Alcoholism and Drug Addiction Intervenor Reporter Immunity Law. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed." 46  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Speaker Granberg: "Third Reading. House Bill 1220, Representative Giglio. Representative Mike Giglio. Is the Gentleman in the Chamber? Mike Giglio. Out of the record. House Bill 1229, Representative Hassert. (sic-House Bill) 1229, Brent. Representative Hassert. Read the Bill, Mr. Clerk."

"House Bill 1229, a Bill for an Act relating to Radon Industry Licensing Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1230, Representative Phelps. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1230, a Bill for an Act to amend the Interstate Ozone Transport Oversight Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. Ladies and Gentleman we have former Representative Bruce Richmond with us today, standing next to Representative Phelps. Representative Bruce Richmond. House Bill 1232, Representative Scott. Read the Bill, Mr. Clerk."

"House Bill 1232, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1234, Representative Scott. Read the Bill, Mr. Clerk."

"House Bill 1234, a Bill for an Act to amend the Abandoned Housing Rehabilitation Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1236, 47  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Representative Burke. Is the Gentleman in the Chamber, Representative Dan Burke. Out of the record. House Bill 1245, Representative Wait. Ron, do you wish to move the Bill to Third? Out of the record. House Bill 1249, Representative Mulligan. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1249, a Bill for an Act to amend the Consumer Fraud and Deceptive Business Practices Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1250, Representative Mulligan. Out of the record. House Bill 1252, Representative Krause. Carolyn Krause. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1252, a Bill for an Act to amend the Probate Act of 1975. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1255, Representative Holbrook. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1255, a Bill for an Act to amend Bingo License and Tax Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1256, Representative Black. Move the Bill. Read the Bill, Mr. Clerk."

"House Bill 1256, a Bill for an Act concerning clerks of courts. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1258, Representative Black. Bill, do you wish (sic-House Bill) 48  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 1258, as well? Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1258, a Bill for an Act to amend the Clerks of Courts Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Mr. Clerk, House Bill 1261, there is a Fiscal Note requested. Has that been complied with? Third Reading on House Bill 1258. On House Bill 1261, has the Fiscal Note request been complied with? House Bill 1266, Representative Brady. Representative Bill Brady. Read the Bill, Mr. Clerk."

"House Bill 1266, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1271, Representative Smith. Out of the record. House Bill 1272, Representative Woolard. Representative Larry Woolard. Out of the record. House Bill 1280, Representative Noland. Out of the record. House Bill 1290, Representative Morrow. (sic-House Bill) 1290. Out of the record. House Bill 1292, Representative Morrow. Out of the record. House Bill 1293, Representative Mautino. Representative Frank Mautino. Is the Gentleman in the Chamber? Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1293, a Bill for an Act to amend the Illinois Criminal Justice Information Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1294, Representative Howard. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1294, a Bill for an act to amend the 49  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Alcoholism and Other Drug Abuse and Dependency Act. Amendment #1, was adopted in committee. No Motions filed. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1301, Representative Ronen. (sic-House Bill) 1301, Carol Ronen. Is the Lady in the Chamber? Representative Ronen. Out of the record. House Bill 1305, Representative Stroger. Out of the record. House Bill 1310, Representative Noland. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1310, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1314, Representative Winkel. (sic-House Bill) 1314, Rick. Read the Bill, Mr. Clerk."

"House Bill 1314, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1316, Representative Lawfer. Read the Bill, Mr. Clerk."

"House Bill 1316, a Bill for an act to amend the Illinois Act on Aging. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1317, Representative Klingler. Read the Bill, Mr. Clerk."

"House Bill 1317, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed." 50  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Speaker Granberg: "Third Reading. House Bill 1320, Representative Coulson. Representative Coulson. Beth Coulson. Out of the record. House Bill 1321, Representative Novak. Phil Novak. Out of the record. House Bill 1324, Representative Coulson. Out of the record. House Bill 1327, Representative Clayton. Verna, do you wish to move the Bill, (sic-House Bill) 1327? Read the Bill, Mr. Clerk."

"House Bill 1327, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1328, Representative Wood. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1328, a Bill for and Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1330, Representative Wait. Representative Ron Wait, do you wish to move the Bill to Third? Read the Bill, Mr. Clerk."

"House Bill 1330, a Bill for an Act concerning mammograms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1335. Read the Bill."

Clerk Bolin: "House Bill 1335, a Bill for an Act concerning Social Security Numbers. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1336, 51  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Representative Hassert. Read the Bill."

Clerk Bolin: "House Bill 1336, a Bill for an Act to amend the Children and Family Services Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1341, Representative McAuliffe. Mike McAuliffe. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1341, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1343, Representative Biggert. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1343, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. On the Order of Cross, House Bill 1345. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1345, a Bill for an Act to amend the Commercial Real Estate Broker Lien Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1347, Representative Tenhouse. Art. Read the Bill, Mr. Clerk."

"House Bill 1347, a Bill for an Act concerning benefits for certain public safety officers. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1366, Representative Beaubien. Out of the record. House Bill 52  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 1368, Representative Myers. Representative Jim Myers. Representative Rich Myers. Read the Bill, Mr. Clerk."

"House Bill 1368, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1374, Representative Capparelli. Out of the record. House Bill 1377, Representative Art Turner. Is the Gentleman in the Chamber? Out of the record. The Gentleman from Saline, Representative Phelps, for what reason do you rise?"

"Thank you, Mr. Speaker. I just wanted to bring the Body's attention, the legendary Representative Bruce Richmond, who has graced us with his attendance down front today."

"Thank You. House Bill 1374, Representative Capparelli. Do you wish to move the Bill to Third? Read the Bill, Mr. Clerk. Representative there are Note requests filed on House Bill 1374. There are three separate Note requests. We'll hold the Bill on Second. Out of the record. House Bill 1384, Representative Pankau. Representative Pankau, do you wish to move the Bill to Third Reading, ma'am? Out of the record. House Bill 1386, Representative Hassert. Read the Bill."

Clerk Bolin: "House Bill 1386, a Bill for an Act to amend the Environmental Protection Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1388, Representative Noland. Read the Bill."

"House Bill 1388, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. 53  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1389, Representative Wood. Out of the record. House Bill 1396, Representative Moffitt. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1396, a Bill for an Act to amend the Property Tax Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1397, Representative Saviano. Read the Bill."

Clerk Bolin: "House Bill 1397, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1404, Representative Zickus. (sic-House Bill) 1404, Representative Zickus. Read the Bill, Mr. Clerk."

"House Bill 1404, a Bill for an Act concerning license plates. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1410, Representative Leitch. Representative Leitch. Read the Bill, Mr. Clerk. (sic-House Bill) 1410. (sic-House Bill) 1410, Representative Leitch."

"House Bill 1410, 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. No Motions filed."

Speaker Granberg: "Third Reading. Thank you. House Bill 1411, Representative Persico. (sic-House Bill) 1411, read the 54  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill."

Clerk Bolin: "House Bill 1411, a Bill for an Act to amend the Environmental Protection Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1412, Representative Capparelli. Out of the record. House Bill 1418, Representative Erwin. Is the Lady in the Chamber? Representative Judy Erwin. Out of the record. Mr. Clerk, announcements?"

Clerk Bolin: "Attention Members, Rules Committee will be meeting at 3 p.m. in the Speaker's Conference Room. Rules Committee will be meeting at 3 o'clock in the Speaker's Conference Room."

"Mr. Clerk, what is the status of House Bill 1111?"

"House Bill 1111 is on the Order of Third Reading."

Speaker Granberg: "Return it to Second. House Bill 1421, Representative Hassert. Representative Hassert. Is the Gentleman in the Chamber? (sic-House Bill) 1421, does the Gentleman wish to move that Bill? Out of the record. House Bill 1426, Representative Lyons. Read the Bill, Mr. Clerk. (sic-House Bill) 1426."

"House Bill 1426, a Bill for an Act regarding abused and neglected children. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1428, Representative Winters. (sic-House Bill) 1428, Representative Dave Winters. Is the Gentleman in the Chamber? Representative Winters. Out of the record. House Bill 1423, Beaubien. (sic-House Bill) 1423, 55  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 (sic-House Bill) 1433, I'm sorry. (sic-House Bill) 1433, read the Bill, Mr. Clerk."

"House Bill 1433, a Bill for and Act concerning law enforcement records and papers. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1435, Representative Younge. Representative Wyvetter Younge. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1435, a Bill for an Act to amend the Illinois Guaranteed Job Opportunity Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1437, Representative Younge. Representative Wyvetter Younge, (sic-House Bill) 1437. Out of the record. (sic-House Bill) 1439, Representative Younge. Out of the record. (sic-House Bill) 1443, Representative Scully. Representative Scully, George Scully. Is the Gentleman in the Chamber? Out of the record. House Bill 1446, Representative Hughes, Ann Hughes. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1446, a Bill for an Act to amend the Abused and Neglected Long Term Care Facility Residents Reporting Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1412. Read the Bill, Mr. Clerk."

"House Bill 1412, a Bill for an Act to amend the Uniform Commercial Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No 56  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Motions filed."

Speaker Granberg: "Third Reading. House Bill 1447, Representative Ryder. Does the Gentleman wish to move (sic-House Bill) 1447? Out of the record. House Bill 1450, Representative Rutherford. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1450, a Bill for an Act in relation to bonds. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1457, Representative Novak. Is the Gentleman in the Chamber? Representative Novak. Out of the record. House Bill 1485, Representative Poe. Ray, do you want to move the Bill to Third Reading, (sic-House Bill) 1485? Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1485, a Bill for an Act concerning university police officers. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1496, Representative Murphy. Representative Harold Murphy. Has the Gentleman returned to the Chamber? Out of the record. House Bill 1500, Representative Saviano. (sic-House Bill) 1500, Representative Saviano. Read the Bill, Mr. Clerk."

"House Bill 1500, a Bill for an Act to amend the Clerks of Courts Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1501, Representative Black. Out of the record. House Bill 1503, Representative Biggert. Judy, do you wish to move the Bill? Read the Bill, Mr. Clerk." 57  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Clerk Bolin: "House Bill 1503, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 1504, Representative Wood. Representative Wood. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1504, a Bill for an Act to amend the Sales of Tobacco to Minors Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 1506, Representative Hoeft. Read the Bill."

Clerk Bolin: "House Bill 1506, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1512, Representative Dart. Representative Tom Dart. Read the Bill. Mr. Dart, there has been a Note request, that Bill will remain on Second Reading. House Bill 1515, Representative Art Turner. Is the Gentleman in the Chamber? Art Turner. Out of the record. House Bill 1525, Representative Woolard. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1525, a Bill for an Act in relation to partial tuition waivers for children of employees of public universities. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1520, Representative Winkel. Representative Rick Winkel, 58  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 (sic-House Bill) 1520. Read the Bill, Mr. Clerk."

"House Bill 1520, a Bill for an Act relating to a higher education license plate grant program. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1529, Representative Clayton. Representative Clayton. Representative Verna Clayton. Do you wish to move the Bill to Third Reading, ma'am? Read the Bill, Mr. Clerk."

"House Bill 1529, a Bill for an Act concerning state agencies. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1533, Representative Wood. (sic-House Bill) 1533, do you wish to move that Bill to Third? Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1533, a Bill for an Act concerning property tax deferment. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1534, Representative Wirsing. Out of the record. House Bill 1540, Representative Monique Davis. Monique Davis. Read the Bill, Mr. Clerk."

"House Bill 1540, a Bill for an Act to amend the Capital Development Board Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1544, Representative Monique Davis. (sic-House Bill) 1544, Monique. Read the Bill, Mr. Clerk."

"House Bill 1544, a Bill for an Act to amend the Illinois Mathematics and Science Academy Law. Second 59  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1552, Representative Mautino. (sic-House Bill) 1552, read the Bill, Mr. Clerk."

"House Bill 1552, 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. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1561, Representative Winters. Has the Gentleman returned to the Chamber? Representative Winters. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1561, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1564, Representative Cross. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1564, a Bill for an Act to amend the Illinois Power of Attorney Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1565, Representative Krause. Representative Krause. Out of the record. (sic-House Bill) 1572, Representative Noland. Representative Duane Noland. Is the Gentleman in the Chamber? Read the Bill, Mr. Clerk."

"House Bill 1572, a Bill for an Act to amend the Medical Practice Act of 1987. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 60  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Speaker Granberg: "Third Reading. House Bill 1578, Representative Tenhouse. Representative Tenhouse, Art. Read the Bill, Mr. Clerk."

"House Bill 1578, a Bill for an Act to amend the Early Intervention Services System Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1585, Representative Scully. Representative Scully. Representative Scully. Out of the record. House Bill 1589, Representative McKeon. Out of the record. House Bill 1610, Representative Barbara Currie. Does the Lady wish to move the Bill? Representative Barbara Currie. Out of the record. House Bill 1612, Representative Carol Ronen. Representative Ronen, is the Lady in the Chamber? Carol Ronen. Out of the record. House Bill 613 (sic-1613), Representative Ronen. Out of the record. House Bill 614 (sic-1614), Representative McGuire. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1614, a Bill for an Act to amend the Illinois Act on Aging. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1619, Representative Lou Jones. Is the Lady in the Chamber? Representative Lou Jones. Out of the record. House Bill 1628, Representative David Leitch. (sic-House Bill) 1628. Out of the record. House Bill 1630, Representative Bugielski. (sic-House Bill) 1630, Representative Bugielski. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1630, a Bill for an Act in relation to interest. Second Reading of this House Bill. No Committee 61  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1631, Representative Erwin. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1631, a Bill for an Act to amend the Higher Education Student Assistance Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1633, Representative Roskam. Representative Roskam, House Bill 1633. Is the Gentleman in the Chamber? Out of the record. House Bill 1646, Representative Schoenberg. (sic-House Bill) 1646, Representative Schoenberg. The Gentleman in the Chamber? Out of the record. House Bill 1651, Representative Beaubien. Representative Beaubien, (sic-House Bill) 1651. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1651, a Bill for an Act to amend the Downstate Forest Preserve Act. Second Reading of this House Bill. No Floor Amendments. No Motions filed. No Floor Amendments and no Motions filed."

Speaker Granberg: "Third Reading. House Bill 1655, Representative Bugielski. (sic-House Bill) 1655. Read the Bill."

Clerk Bolin: "House Bill 1655, a Bill for an Act concerning reliance on the rules and opinions of the Commissioner of Banks and Real Estate. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1664, Representative Mitchell. Representative Mitchell, do you wish to move (sic-House Bill) 1664? Out of the record. House Bill 1668, Representative Steve Davis. Out of the record. House Bill 1670, Representative Zickus. 62  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 (sic-House Bill) 1670, Representative Ann Zickus. (sic-House Bill) 1670, Representative Zickus? Out of the record. (sic-House Bill) 1671, Representative Zickus. Out of the record. (sic-House Bill) 1674, Representative Brosnahan. Representative Brosnahan. Read the Bill, Mr. Clerk."

"House Bill 1674, a Bill for an Act to amend the Consumer Fraud and Deceptive Business Practices Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. The Gentleman from Kendall, Representative Cross."

"Thank you, Mr. Speaker. With respect to that last Bill, our notes indicate that the Sponsor of that Bill is going to amend it on Second Reading. Maybe if the Representative could explain to us, maybe he worked out an agreement. That was our understanding, Representative."

Speaker Granberg: "Representative Brosnahan, do you wish to have the Bill returned to Second? Return the Bill to Second Reading."

"Thank you."

Speaker Granberg: "Out of the record. (sic-House Bill) 1679, Representative Woolard. House Bill 1679. Read the Bill, Mr. Clerk. Representative Woolard, there is a Note request on (sic-House Bill) 1679. Out of the record. House Bill 1685, Representative Scott. Representative Doug Scott, (sic-House Bill) 1685. Out of the record. (sic-House Bill) 1688, Representative Scott. Read the Bill."

"House Bill 1688, a Bill for an Act to amend the Jury Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1689, 63  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Representative Scully. Representative Scully. Out of the record. House Bill 1690, Representative Capparelli. (sic-House Bill) 1690. Read the Bill, Mr. Clerk."

"House Bill 1690, a Bill for an Act to amend the Title Insurance Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1699, Representative John Jones. Read the Bill, Mr. Clerk."

"House Bill 1699, a Bill for an Act in relation to the operations of the Department of Public Health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1700, Speaker Madigan. (sic-House Bill) 1700, do you wish to move the Bill? Read the Bill, Mr. Clerk."

"House Bill 1700, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1701. Read the Bill, Mr. Clerk."

"House Bill 1701, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1705, Representative Bergman. Representative Bergman. Read the Bill, Mr. Clerk."

"House Bill 1705, a Bill for an Act to amend the Uniform Interstate Family Support Act. Second Reading of this House Bill. No Committee Amendments. No Floor 64  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 1706, Representative Zickus. Representative Ann Zickus. Representative Zickus, by the cake, do you wish to move that... move that Bill? Out of the record. House Bill 1707, Representative Winters. Read the Bill, Mr. Clerk."

"House Bill 1707, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. Mr. Clerk, the status of House Bill 1702?"

Clerk Bolin: "House Bill 1702, is on the Order of Second Reading."

"Read the Bill."

Clerk Bolin: "House Bill 1702, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1729, Representative Lang. Out of the record. House Bill 1735, Representative Howard. Out of the record. House Bill 1751, Representative Erwin. Representative Judy Erwin. Is the Lady in the Chamber? (sic-House Bill) 1731. (sic-House Bill) 1751. Is the Lady in the Chamber? Out of the record. House Bill 1753, Representative Wyvetter Younge. Is the Lady in the Chamber? (sic-House Bill) 1753, out of the record. House Bill 1755, Representative Pugh. Mr. Pugh, there are Notes that are requested. Hold it on Second. (sic-House Bill) 1765, Representative Pugh. Out of the record. (sic-House Bill) 1767, Representative Scott. Doug Scott, (sic-House Bill) 1767. 65  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Out of the record. (sic-House Bill) 1772, Representative Scott. Out of the record. House Bill 1776, Representative Kubik. Read the Bill, Mr. Clerk."

"House Bill 1776, a Bill for an Act concerning public records. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1777, Representative Schoenberg. Representative Schoenberg, (sic-House Bill) 1777. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1777, a Bill for an Act to amend the Electronic Fund Transfer Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "The Gentleman from Kendall, Representative Cross."

"If the Sponsor will yield for just a Second, Mr. Speaker. Representative Schoenberg, our notes reflect in committee that there was some representation that you would amend this. That there was some opposition at the time of committee?"

"I'm sorry, could you repeat that."

"Certainly. Our records are showing that in committee there was some statement of representation made, Jeff, that this Bill would be amended on Second Reading before it moved any further."

"That's correct. Could we take this out of the record, please. Thank you."

Speaker Granberg: "Out of the record. House Bill 1779, Representative Biggert. Read the Bill."

Clerk Bolin: "House Bill 1779, a Bill for an Act to amend the 66  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Probate Act of 1975. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1780, Representative McGuire. Read the Bill."

Clerk Bolin: "House Bill 1780, a Bill for an Act concerning preventive services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1782, Representative Mike Smith. (sic-House Bill) 1782. Out of the record. House Bill 1784, Representative Schakowsky. Representative Jan Schakowsky. Is the Lady in the Chamber? Read the Bill."

"House Bill 1784, a Bill for an Act concerning community care. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1785. Out of the record. House Bill 1802, Representative Wojcik. Representative Wojcik. Is the Lady in the Chamber? Out of the record. House Bill 1805, Representative Ronen. Carol Ronen. Is the Lady in the Chamber? Out of the record. House Bill 1817, Representative Stephens. Representative Ron Stephens. Read the Bill, Mr. Clerk."

"House Bill 1817, a Bill for an Act in relation to environmental protection. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Mr. Clerk, take that Bill out of the record. House Bill 1821, Representative Kubik. (sic-House Bill) 1821. Out of the record. House Bill 1823, Representative 67  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Winkel. Is the Gentleman in the Chamber? Representative Rick Winkel. Representative Winkel. Out of the record. House Bill 1826, Representative Moore. Representative Andrea Moore. Andrea Moore. Read the Bill, Mr. Clerk."

"House Bill 1826, a Bill for an Act to amend the Property Tax Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1840, Representative Stephens. (sic-House Bill) 1840. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1840, a Bill for an Act to amend the Illinois Pull Tabs and Jar Games Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1841, Representative McAuliffe. Representative Mike McAuliffe. Is the Gentleman in the Chamber? Read the Bill, Mr. Clerk."

"House Bill 1841, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1844, Representative McGuire. Jack, do you wish to move the Bill? Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1844, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1881, Representative Mautino. Representative Frank Mautino. Read the Bill, Mr. Clerk." 68  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"House Bill 1881, a Bill for an Act to amend the Illinois Insurance Code in relation to insurance exchanges. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1884, Representative Saviano. (sic-House Bill) 1884. Read the Bill, Mr. Clerk."

"House Bill 1884, a Bill for an Act concerning roofing contractors. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1887, Representative Persico. Read the Bill, Mr. Clerk."

"House Bill 1887, a Bill for an Act to amend the Environmental Protection Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1912, Representative Burke. (sic-House Bill) 1912. Is the Gentleman in the Chamber? Is the Gentleman in the Chamber? Out of the record. House Bill 1915, Representative Ronen. Representative Carol Ronen. Has the Lady returned to the Chamber? Out of the record. House Bill 1923, Representative Schoenberg. Representative Schoenberg, do you wish to move the Bill to Third? Out of the record. House Bill 2015, Representative Wood. Is the Lady in the Chamber? Representative Wood. Representative Wood. Out of the record. House Bill 2037, Representative Cross. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2037, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions 69  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 filed."

Speaker Granberg: "Third Reading. House Bill 2040, Representative Dart. Representative Dart. Is the Gentleman in the Chamber? Out of the record. House Bill 2047, Representative Harold Murphy. Representative Murphy. Is the Gentleman in the Chamber? Harold Murphy. Out of the record. House Bill 2050, Representative Skinner. Read the Bill."

"House Bill 2050, a Bill for an Act concerning child support. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. Third Reading. House Bill 2063, Representative Roskam. (sic-House Bill) 2063, Representative Roskam. Peter, do you wish to move the Bill to Third? Read the Bill, Mr. Clerk."

"House Bill 2063, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 2065, Representative Roskam. Read the Bill, Mr. Clerk."

"House Bill 2065, a Bill for an Act to amend the Code of Criminal Procedure of 1963. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 2066, Representative John Turner. Read the Bill, Mr. Clerk."

"House Bill 2066, a Bill for an Act to amend the Code of Civil Procedure. Second Reading of this House Bill. No Committee Amendments..."

"Mr. Clerk, Mr. Turner indicates he would like 70  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 to take the Bill out of the record. (sic-House Bill) 2067. (sic-House Bill) 2067. Let's read that Bill."

Clerk Bolin: "House Bill 2067, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2068, Representative Turner. Out of the record. House Bill 2069, Representative Wood. Out of the record. House Bill 2070, Representative Erwin. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2070, a Bill for an Act to amend the Condominium Property Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 2085, Representative Scully. (sic-House Bill) 2085. Read the Bill, Mr. Clerk."

"House Bill 2085, a Bill for an Act in relation to public works projects. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2086, Representative Saviano. Read the Bill."

"House Bill 2086, a Bill for an Act to amend the Illinois Roofing Industry Licensing Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2109, Representative Daniels. Does the Representative wish to move that Bill? Does Representative Daniels wish to move that Bill? Could someone indicate to the Chair? Out of the record. House Bill 2113, Representative Black. 71  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 (sic-House Bill) 2113. Would the Sponsor like to move the Bill? Out of the record. House Bill 2117, Representative Beaubien. Read the Bill, Mr. Clerk."

"House Bill 2117, a Bill for an Act to amend the Property Tax Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions have been filed."

Speaker Granberg: "Mr. Clerk, your side of the aisle indicates they would like to take that Bill out of the record. House Bill 2120, Representative Saviano. Out of the record. House Bill 2121, Representative Klingler. Read the Bill."

Clerk Bolin: "House Bill 2121, a Bill for an Act concerning vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2122, Representative Parke. Representative Terry Parke. Is the Gentleman in the Chamber? Is the Gentleman in the Chamber? Representative Parke. Read the Bill, Mr. Clerk."

"House Bill 2122, a Bill for an Act in relation to orders of protection. Second Reading of this House Bill. Amendments #1 and 2, were adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2132, Representative Kosel. Renee. Read the Bill, Mr. Clerk."

"House Bill 2132, a Bill for an Act in relation to cannabis and controlled substances. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2113. Read the Bill, Mr. Clerk."

"House Bill 2113, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of this House 72  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2138, Representative Roskam. (sic-House Bill) 2138. Out of the record. House Bill 2146, Representative Krause. Read the Bill, Mr. Clerk."

"House Bill 2146, 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. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2147, Representative Ronen. Has the Lady returned to the Chamber? Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2147, a Bill for an Act relating to youth crime prevention education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2150, Representative Cross. Read the Bill."

"House Bill 2150, a Bill for an Act concerning a lien for licensed optometrists. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2156, Representative Deering. Out of the record. House Bill 2158, Representative Howard. Representative Connie Howard. Is the Lady in the Chamber? Read the Bill, Mr. Clerk. (sic-House Bill) 2158."

Clerk Bolin: "House Bill 2158, 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. No Motions filed." 73  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Speaker Granberg: "Third Reading. House Bill 2161, Representative Scott. Representative Scott... out of the record. House Bill 2164, Representative Novak. Representative Novak. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2164, a Bill for an Act to amend the Environmental Protection Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2169, Representative Kubik. Representative Kubik. Senator Stephens. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2169, a Bill for an Act Concerning certain financial institutions. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2171, Representative Winkel. Representative Winkel, (sic-House Bill) 2171. Read the Bill."

Clerk Bolin: "House Bill 2171, a Bill for an Act to amend the Juvenile Court Act of 1987. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2174, Representative John Turner. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2174, a Bill for an Act to amend the Juvenile Court Act of 1987. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2178, Representative Tenhouse. Read the Bill."

Clerk Bolin: "House Bill 2178, a Bill for an Act concerning government administration. Second Reading of this House 74  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 2181, Representative Wood. Representative Wood. Out of the record. (sic-House Bill) 2188, Representative Kubik. Representative Kubik, (sic-House Bill) 2188. Read the Bill, Mr. Clerk."

"House Bill 2188, a Bill for an Act in relation to taxes. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2189, Representative Kubik. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2189, a Bill for an Act to create the Omnibus Charitable Gaming Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2209, Representative Rutherford. (sic-House Bill) 2209, out of the record. (sic-House Bill) 2214, Representative Tom Johnson. Tom, do you wish to move the Bill? (sic-House Bill) 2214. Read the Bill, Mr. Clerk. No, out of the record. (sic-House Bill) 2215, Representative Cross. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2215, a Bill for an Act to amend the Pawnbroker Regulation Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 2216, Representative Myers. Rich Myers. Read the Bill, Mr. Clerk."

"House Bill 2216, a Bill for an Act to amend the 75  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Energy Conservation and Coal Development Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2220, Representative Erwin. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2220, a Bill for an act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 2223, Representative Jim Meyer. Representative Meyer, do you wish to move the Bill to Third? Read the Bill, Mr. Clerk."

"House Bill 2223, a Bill for an Act to amend the Military Code of Illinois. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2224, Representative Meyer. Out of the record. House Bill 2225, Representative Meyer. Read the Bill, Mr. Clerk."

"House Bill 2225, a Bill for an Act concerning the Department of Veterans' Affairs. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 2232, Representative Biggert. Read the Bill, Mr. Clerk."

"House Bill 2232, a Bill for an Act to amend the Sex Offender Registration Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2235, Representative Cross. Tom. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 2235, a Bill for an Act in relation to 76  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 human cloning. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2236, Representative Pankau. Carol. Read the Bill."

Clerk Bolin: "House Bill 2236, a Bill for an Act to extend the boards of the Marriage and Family Therapy Licensing Act, the Nursing Home Administrators Licensing and Disciplinary Act, and Speech-Language Pathology and Audiology Practice Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2241, Representative Brosnahan. Out of the record. House Bill 2245, Representative McCarthy. Out of the record. (sic-House Bill) 2109, Representative Daniels. Read the Bill, Mr. Clerk."

"House Bill 2109, a Bill for an Act concerning support services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2258, Representative Gash. Representative Lauren Gash. Is the Lady in the Chamber? Representative Gash. Out of the record. House Bill 2259, Representative John Turner. Read the Bill, Mr. Clerk."

"House Bill 2259, a Bill for an Act to amend the Cannabis Control Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. (sic-House Bill) 2260, Representative Mike McAuliffe. Representative McAuliffe, 77  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 do you wish to have the Bill moved? Read the Bill, Mr. Clerk."

"House Bill 2260, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendment. No Motions filed."

Speaker Granberg: "Third Reading. Ladies and Gentlemen, if you have additional Bills that you would like to have called or moved from Second to Third Reading, please advise the Chairman of that committee and the Clerk and we will attempt to move those as quickly as possible. We are now going back to Bills that were missed and Members would like to call them. The Gentleman from Vermilion, Representative Black. House Bill 759, Representative Acevedo. (sic-House Bill) 759, Representative Acevedo. Read the Bill, Mr. Clerk."

"House Bill 759, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 977. Read the Bill, Mr. Clerk. The Gentleman from Kendall, Representative Cross."

"Thank you, Mr. Speaker. I apologize. I thought I had gotten my light on in time. On (sic-House Bill) 759, if the Sponsor could explain to us, our notes indicate that in committee, he had indicated that he would hold this until..."

Speaker Granberg: "Representative Acevedo. Representative Acevedo. Representative Cross, his notes indicate that (sic-House Bill) 759 was to remain on Second Reading."

"I'll hold the Bill." 78  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Return the Bill to Second Reading, Mr. Clerk and take it out of the record. House Bill 977. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 977, 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. No Motions filed."

"Third Reading. House Bill 1195. Would you read the Bill, Mr. Clerk? House Bill 1294. Read the Bill, Mr. Clerk. What is the status of House Bill 1735?"

Clerk Bolin: "House Bill 1735, is on the Order of Second Reading."

"Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1735, a Bill for an Act concerning environmental cleanup. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. Connie, do you want to have that Bill taken out of the record? Mr. Clerk, return the Bill the the Order of Second Reading and take it out of the record. House Bill 1145, Mr. Clerk. (sic-House Bill) 1145. Read the Bill. Representative Lang, we have to hold (sic-House Bill) 1145 on Second Reading. There is a Fiscal Note requested, Mr. Clerk."

Clerk Bolin: "House Bill 1145, a Bill for an Act relating to simulated voting by minors. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1806. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 1806, a Bill for an Act to amend the Civil Administrative Code. Second Reading of this House 79  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 574. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 574, a Bill for an Act relating to school district boundaries. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 1004, Representative Lyons. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1004, a Bill for an Act to amend the Metropolitan Water Reclamation District Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 904. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 904, a Bill for an Act to amend the State Finance Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 857. (sic-House Bill) 857. Read the Bill."

Clerk Bolin: "House Bill 857, a Bill for an Act to amend the Local Mass Transit District Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 795. Read the Bill. Out of the record. House Bill 1101. (sic-House Bill) 1232. (sic-House Bill) 2015. Read the Bill."

"House Bill 2015, a Bill for an Act to amend the Illinois Controlled Substances Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. 80  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 No Motions filed."

Speaker Granberg: "Third Reading. House Bill 2260, Mr. Clerk. Mr. Clerk, take that out of the record. House Bill 1807. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1807, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 788. Mr. Clerk."

Clerk Bolin: "House Bill 788, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1740. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1740, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. Mr. Clerk, what is the status of House Bill 1313?"

"House Bill 1313, is on the Order of Third Reading."

Speaker Granberg: "Return that Bill to Second. Representative Lindner. Representative Lindner. Out of the record. Mr. Clerk, the status of House Bill 679?"

"House Bill 679 is on the Order of Third Reading."

Speaker Granberg: "Return that Bill to Second Reading, please. Representative Mautino. Representative Frank Mautino. Did you have an Amendment to House Bill 679? Out of the record. Mr. Clerk, House Bill 271. What is the status of that Bill? Is the Bill on Third Reading, Mr. Clerk?"

"House Bill 271, is on Third Reading." 81  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Return it to Second. Out of the record. Mr. Clerk, House Bill 479. Out of the record. House Bill 652. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 652, a Bill for an Act in relation to elections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 316. Read the Bill. Mr. Clerk, House Bill 1176, what is the status of that Bill?"

"House Bill 1176, is on the Order of Second Reading. A Fiscal Note... a State Mandates Note has been requested and has not been filed."

Speaker Granberg: "Leave the Bill on Second. House Bill 73, Mr. Clerk."

"House Bill 73, a Bill for an Act to amend the Medical Practice Act of 1987. Amendment #1, was defeated in committee. Floor Amendment #2, has been recommended for adoption. Offered by Representative Schakowsky."

"The Lady from Cook, Representative Schakowsky. Is the Lady in the Chamber? Representative Schakowsky. Mr. Clerk, out of the record. On the Order of Third Reading. Ladies and Gentlemen, we're going to go to the Order of Third Reading. First Bill. House Bill 28, Representative Dart. We are going to go in numerical order. If your Bill is ready, I would advise to call it today. House Bill 28, Representative Dart. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 28, a Bill for an Act to Amend the Department of Veterans Affairs Act. Third Reading of this House Bill."

"The Gentleman from Cook, Representative Dart." 82  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Thank you, Mr. Speaker, Members. House Bill 28, is a result of a task force that we had in the General Assembly three years ago. This Bill came about as a result of the hard work of many people from both sides of the aisle and what had happened was, numerous people, constituents from our state came back from the Gulf War complaining of various ailments and were getting very little if any answers whatsoever from the Federal Government. To this day, they still get very little as far as straight answers. They get a lot of double talk and to this date there's still a lot of confusion as to exactly what happened there. Individuals primarily people who were... served our country rather well in Vietnam came forward and told us that we cannot let happened to this generation what happened to them with the Agent Orange. And one of the people who... one of the early proponents and leaders of this was a dear friend of mine, constituent of mine, named Tom Stack who was the individual who organized the parade downtown for the Vietnam veterans. He was adamant not to let this happen again and what unfortunately he is not going to be around to see this. He died as a result of the Agent Orange about a year and a half ago. This Bill is an agreement that we've worked out with the veterans, the Department of Veterans Affairs' and it calls for a commission to be devoted primarily and solely to Persian Gulf disease and it is an effort to keep our state ahead of the game and to not fall behind. As I said, the Federal Government has been dropping the ball in my opinion. It's made some strides but, as I say, people are not getting the answers they should. This calls for a commission. The expenditure should not exceed $50 thousand. It is something where it is going to be a bipartisan commission and its 83  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 sole focus will be our veterans who gave of themselves in the Persian Gulf and I would appreciate your support."

"Thank you. On that, are there any questions? The Gentleman moves for the passage of House Bill 28. All 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 question, there are 115 'ayes'; 0 voting 'no', 0 voting 'present'. House Bill 28 having received the Constitutional Majority, is hereby declared passed. House Bill 31, Representative Steve Davis. House Bill 31, Representative Steve Davis. Out of the record. House Bill 38, Representative Dart. Out of the record. House Bill 82, Representative McGuire. Jack, do you wish to call your Bill? Mr. Clerk."

"House Bill 82, a Bill for an Act to amend the School Code. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Will, Representative McGuire."

"Thank you, Mr. Speaker. This Bill has been up once before, twice before in the past few years. We've tried to make this Bill a little more palatable to be passed. It's a permissive Bill, it's not mandatory, it's not an unfunded mandate and I think everybody understands what it does. It allows the schools in the State of Illinois to teach about the Irish famine, one of the great calamities of history in about the 1850's. And if there are any questions, I'll try to answer them but it's a very straightforward Bill and I would appreciate your support."

Speaker Granberg: "On that are there any questions? The Gentleman from Vermilion, Representative Black."

"Thank you very much. Mr. Speaker, will the Sponsor 84  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 yield?"

"He indicates he will, proceed."

"Representative, your Amendments makes this permissive legislation. Is that correct?"

"That's correct."

"In other words a school district may, if they chose to do so and incorporate this into their curricula, I would assume their history curricula, but they do not have to."

"That's correct."

"With that Amendment, do you think most of the opposition that has been expressed earlier, such as, EDRED and the Statewide... the Statewide School Management Alliance, have they withdrawn their opposition or have they even contacted you?"

"No one has contacted me, Representative. I would presume the opposition has withdrawn because of the permissiveness."

"I guess the question then with your Amendment Representative, becomes if it is permissive legislation, is it necessary to advance it because... and clutter the School Code which seems to get thicker every year, since it's totally permissive, I'll defer to your judgement, obviously it's your Bill. But I just wonder if it really is necessary to incorporate this into the School Code as permissive legislation."

"I think it is. I think it encourages the teaching of the Bill. It does not mandate it. I think it would encourage it and I think that's the important thing to get the Bill passed."

"All right. I appreciate your indulgence, Representative. Thank you."

"Thank you." 85  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Anything further. The Gentleman from Jackson, Representative Bost."

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

"He indicates that he will. Proceed."

"Representative, in committee I discussed this with you and we said that... and it's just been discussed here just now that it... that this is permissive language. But can they do this now, if they want to teach this subject they can teach this subject, correct?"

"I would presume they could. I haven't heard from the state board in one way or the other, to be honest with you."

"Presuming... assuming they can, if we pass this we're passing a Bill that actually changes nothing. Correct?"

"I'm sorry, I couldn't catch that."

"By passing this Bill we are passing a piece of legislation that changes absolutely nothing. We're in the same situation now. If we want to teach this they can, if they don't want to they don't have to and we're not really doing anything except..."

"It's permissive, it's not mandatory. I'm not going to comment whether they have the authority to do it beforehand or not because we're not making it mandatory."

"All right. I think what we're doing here, a previous speaker mentioned, is we're piling up statutes. You know, last year in this House we worked, many of us worked very hard to try to clear out some old laws that there was no reason to have in place. Now, we're going to put language into the books that does what we can already do. There is a problem with doing this. Now, if we want to have a Resolution saying that we would encourage them in doing that, I would support that." 86  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Thank you."

"But to put language, with all due respect to you as a Sponsor, to put language out there when there is no need for it and it does not change law, I don't see a reason for it and I would ask everyone to vote 'no' on this."

"Thank you."

"The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of House Bill 82. The Sponsor, I think made the right change in the Bill when he made the Bill permissive rather than mandatory. I understand the previous speaker's comments but nevertheless, this is an important area. It's certainly important to the Sponsor. It's certainly important to anyone of Irish heritage. I recall when we passed the Bill on the Floor of this House to mandate the study of the history of women, to mandate Holocaust. Those were mandates... those were mandates that this Body agreed with overwhelmingly. This isn't even a mandate. So, this is so important to the Gentleman and to the Sponsors and to the community he represents with this legislation, that I think we should make a statement on behalf of this Sponsor for the Illinois House of Representatives and I think this government of the General Assembly ought to step forward and send a message, that the history of this event is worthy of study and that the schools of Illinois should give strong consideration studying it. So, since the Bill is no longer mandatory, it certainly looks like it requires a 'yes' vote."

Speaker Granberg: "The Gentleman from Will, Representative McGuire to close."

"I would like to thank, Mr. Lang for his nice words and I think that reminds me that what we're trying to do here 87  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 is to teach something that happened in history. This is not just a frivolous event in the history of mankind. And some wise man once said, if we don't correct the faults of the past, we're deemed to repeat these faults in the future. What this Bill would try to do is to teach why famines occur, why immigration occurs, what it does to the culture of the the country that people leave and what it does to the culture of the country that the people move to. It is not a frivolous Bill. I've tried to make it nonmandatory but I think it's important enough to be taught in the schools of Illinois that I would ask for your vote. Thank you."

"The Gentleman from Will moves for the passage of House Bill 82. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question there are 89 'aye' votes, 21 'no' votes, 4 voting 'present'. House Bill 82 having received the Constitutional Majority, is hereby declared passed. House Bill 108, Representative Hannig. (sic-House Bill) 108, Representative Hannig. Out of the record. (sic-House Bill) 109. House Bill 118, Representative Schakowsky. House Bill 159, Representative Davis. Monique Davis. Do you wish to call your Bill? Mr. Clerk, read the Bill."

"House Bill 159, a Bill for an Act to amend the School Code. Third Reading of this House Bill."

"The Lady from Cook, Representative Davis." Davis, M.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 159 is a Bill that a number of associations have agreed to because what it does is defines what a school counselor does. It does not say that any 88  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 other profession cannot do this particular work but it outlines the needed... it outlines the needed jobs that a counselor should fulfill in an elementary school or a high school. We urge a favorable vote."

"On that question, are there any questions? The Gentleman from Vermilion, Representative Black."

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

"Indicates she will."

"Representative, Committee Amendment #2 was referred to subcommittee. Was that Amendment ever acted on?" Davis, M.: "That Amendment was in order to get the support of the State Board of Education and those groups that had a little concern. It satisfied their demands and it was acted on in committee."

"All right. So, the Amendment is part of the Bill?" Davis, M.: "It is. Yes, it is. It is a part of the Bill."

"Now, excuse me, Representative. I'm talking about Committee Amendment #2, school bonding. General obligation bonding for school construction." Davis, M.: "No, no such Bill... no such Amendment on here, no."

"That's what I was asking you. It was referred to subcommittee and it was obviously was never acted on. So, it is not part of this Bill." Davis, M.: "That is correct, no it isn't."

"Okay. The underlying Bill then as amended, I'm a little confused because I hold a Type 73 certificate. Are we going beyond that certificate and delineating what is or who is a school counselor?" Davis, M.: "No, we are not going beyond your certificate. This legislation was sought by the Association of School Counselors in the State of Illinois. It's a Bill that describes the duties of a counselor and yet it says, those 89  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 duties can be performed by other professionals who hold professional degrees. If a school does not wish to have a counselor but wants to use a school psychologist or another professional person to do that job, the school district has the right to do that."

"Representative, that's where I'm confused. My certificate qualifies me to hold a position as a school counselor. And as I am reading the synopsis of the Bill, it seems to be creating a new category of certified counselor rather than a qualified specialist as held out in a Type 73 certificate. That's where I'm confused. I'm looking at two things here and I'm not able to join them." Davis, M.: "If you look, Representative, at line numbers 114, 115, it states that a person who holds a valid Type 73 school service certificate, endorsed for school counseling issued by the state board for certification."

"Right." Davis, M.: "These are the services that individual will perform."

"Okay." Davis, M.: "They can... if a principal desires that they do something else, they're not limited to these described activities. They are not limited."

"All right." Davis, M.: "But it does state that those who hold a Type 75 (sic-73), will or can perform these particular duties."

"So, and I appreciate you calling my attention to that language of the Bill. Then in other words, school counseling services include but are not limited to... are we defining... are we getting in the business of actually writing a job description with this Bill?" Davis, M.: "You know, Representative, I'm not sure that that is the intention of this particular association but I think 90  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 they were seeking some clarity as to what a 73 certificate meant. What does it mean to hold and work with a Type 73 certificate, that is a school counselor's certificate. And these are the listed activities that are normally performed by a person with that certificate. If however, that school principal or building principal chooses to add to or not use all these defined activities, they certainly have that right. The associations that are, what shall I say, involved with school counseling, all wanted this Bill passed. Representative Persico carried this legislation for some time and he's a Cosponsor on this piece of legislation. I think it helps to clarify what those duties might include for a Type 73 certificate holder."

"So, and if you will look on page... excuse me, line 131 in the Bill. It's your intent that, even though, we may define what a school counselor's job title may be, it at the same time does not exclude a teacher, say, from doing career development and counseling, correct?" Davis, M.: "That's correct."

"All right. I guess I'm left with the question then of what seems to be, you perhaps have talked to them and I admit I haven't. The School Management Alliance is in opposition of the Bill. What are they focusing on?" Davis, M.: "If they're in opposition, I'm quite surprised because with the adding of Amendment #1, all opposition was removed from that Bill. All groups removed their opposition from that Bill, with the passage of Amendment #1."

"Okay. I was looking at your staff analysis, and it indicates that the State Board was in opposition and the Large Unit District... " Davis, M.: "I'm sorry. Please, don't listen to our staff over there. We hardly listen to them over here. Don't you listen 91  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 to them."

"Representative, you've said it all." Davis, M.: "The State Board is not in opposition to this Bill. Deanna Sullivan, was not in opposition to this Bill. Paula Perdue, was not in opposition to this Bill. In other words, we worked very hard for consensus from those who are involved with Type 73 holders. We carried the Bill over two or three hearings in order to get the satisfaction of all concerned. So, we proudly present this Bill, to this Body, to the 90th General Assembly. And hopefully, with your help Representative, we will get it out of here at this time."

"Okay. So, I... excuse me. I had to mark my file, not to pay any attention to your staff. I've got to write that down, so I recall. We need to do that. I appreciate the answers to the question, Representative. And... This is on Third Reading, right?" Davis, M.: "Yes, Sir."

"Oh my goodness. All right. Well, thank you for answering my questions." Davis, M.: "You're welcome."

Speaker Granberg: "The Gentleman from Kane, Representative Hoeft."

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

"Indicates she will, proceed."

"Let me get this straight now, the essence of this Bill is to try and clarify job descriptions and responsibilities of school counselors. Is this the essence of what you're trying to achieve?" Davis, M.: "That's a large part of it, Representative."

"If we go ahead and pass this, would you believe that you then could support a Bill that would define the role and responsibility of the school deans?" 92  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Davis, M.: "Representative, do you have such a Bill?"

"No, but I'm saying the precedent being set here, we're talking about should we define the deans? Should we define the librarians? What about defining the role and responsibility of the speech and language pathologist? This is important to me, 'cause that's my wife. Physical therapists, we have physical therapists and I think we are going to have to define their jobs. Vocational therapists, nurses. Wow. We can get in nurses. We can get certified nurses, regular nurses, class room assistants, principals wow. There's one we're going to have to really sit down and work on describing the role and function of principals, department chairman, gym teachers. There are so many different groups that do so many different functions in the public schools, if we start defining them in school law, we're going to take that document which is 687 pages, and we're going to start pumping that thing up. My question comes down to, are we willing to put into the Illinois School Code, the dozens upon dozens of groups, that are found in our elementary and secondary education schools? Are we ready to do that? Further, if we then do this are we not opening up every single school in this state to litigation? Representative Davis, this is the essence of my question to you. If someone is working outside of that role, and something happens that brings the school into litigation, will these rules and regulations be allowed to be used in a court of law, to prove that an individual's working outside their area of responsibility?" Davis, M.: "Representative, I believe the fact that the Bill states, that other professionals can also be chosen to perform any of these tasks, as well as, the fact that some of these tasks can also be assigned to other professionals, 93  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 certainly does not leave a door open for legal challenges. I do believe that those individuals who hold Type 73 certificates, who are counselors in schools, would feel that a part of their duties are described and defined. It does not mean, Representative, my good friend, Representative, it does not mean that a principal can not add to these chores, or allow someone else who is professionally qualified, to have the responsibility of some of these duties. It was a need, obviously, for some clarity in what does a counselor in a school do? What does a Type 73 certificate mean to the individual? What are some of the activities that should be, or can be performed, in a elementary school or in a high school? I think those were some very hard working, seriously engaged in educational work counselors, who brought this legislation to me. Representative Persico, who has carried this Bill for about two years, is a very glad Cosponsor. And we urge you, Representative, if you have an interest in defining the role of all those jobs that you described, we'll certainly look at your legislation and consider it on its merit."

"Ladies and Gentlemen, listen to this very carefully. This is a classic example of where we're bulking up law. This is properly placed under policy. The State Board has book loads of policies clarifying roles and function. This is not something that should be law. It should be done by policy. And I would ask you to remove this. Go to the State Board and with all of these that I have named here, let's work up good job descriptions, that the State Board can put through as policy and therefore, be kept out of courts. Because this is going to be used in a court of law, this day on, as a basis of suing if something happens when a counselor is doing something outside of this job 94  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 description or somebody else is working in here. I guarantee you, this is a invitation to litigation. Let's go with policy. Let's not put it in law. We've got enough law." Davis, M.: "Well, the State Board of Education does support this legislation. The State Board have, obviously, not read what you have read into it. They do not feel that's opening doors up to lawsuits. If anything, it could certainly prevent lawsuits. Because it clearly defines that another professional can be assigned to any one of these duties. It also clearly states, that a principal does not have to give these particular duties to that one person. I think, however, it does clarify in a very important and necessary way, and that is the meaning of a Type 73 certificate. What does it mean to hold a Type 73? It means that that individual can be assigned to those particular duties that I just named. And I would urge anyone, I would urge anyone, who has any questions in reference to the validity of this Bill, to talk to the school counselor that you... whose district you represent. And you'll find that all of the counselors in the State of Illinois are truly, truly very, very pleased, with the wording of this legislation, and they feel that it adds to their profession and it certainly in no way opens the door to lawsuits. It merely clarifies and defines what a group of people do, who are certified by the State of Illinois."

"Thank you, Mr. Chairman."

"Anything further? The Gentleman from Kendall, Representative Cross."

"Thank you, Mr. Speaker. If this happens to get the requisite number of votes, we ask for a verification."

"The Gentleman has asked for a verification. 95  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 He is within his rights. Anything further? The Lady from Cook, Representative Davis, to close." Davis, M.: "Thank you, Mr. Speaker. Mr. Speaker, this is a piece of legislation that came through the Elementary Secondary and Education Committee. Initially there were a few problems. Those problems were ironed out with an Amendment. All opposition was removed from this Bill by all of the associations, when the Amendment was drafted. This legislation does not clog up the books. It merely defines what a certificated, educational individual is supposed to do. This Bill has a lot of support from a group of educators. And I would just urge an 'aye' vote."

Speaker Granberg: "The Lady from Cook moves for the passage of House Bill 159. All in favor shall vote 'aye'; all opposed shall vote 'nay'. The voting is open. Have all voted who wish? Have all vote who wish? Have all voted who wish? Mr. Clerk. The Lady from Cook, Representative Davis, for what reason do you rise?" Davis, M.: "I request that we put this on Postponed Consideration."

Speaker Granberg: "We haven't taken the record yet, Representative." Davis, M.: "All right, take the record."

Speaker Granberg: "Mr. Clerk, take the record. The Lady has requested Postponed Consideration. Discussion. Postponed Consideration, Mr. Clerk. House Bills, Third Reading, appears House Bill 161. Out of the record. House Bill 170, Mr. Lang. House Bill 170. (sic-House Bill) 174. House Bill 196, Representative Hannig. (sic-House Bill) 196, Representative Hannig. (sic-House Bill) 198. House Bill 223, Representative Mautino. (sic-House Bill) 223, Representative Mautino. House Bill 245, Representative 96  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Phelps. Representative Phelps, (sic-House Bill) 245. (sic-House Bill) 255, Representative Novak. House Bill 255. House Bills 256, 258, 259, 260, Representative Persico. Representative Persico. Do you wish to call House Bill 260? (sic-House Bill) 261. House Bill 265, Representative Hartke. House Bill 271, Representative Bugielski. House Bill 277, Representative Kubik. Is Representative Kubik in the Chamber? Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 277, a Bill for an Act in relation to burial practices. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Cook, Representative Kubik."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 277 is a very simple and straightforward Bill. It is... comes out of the Comptroller's Office. And what it would do would be to allow the office to print the required booklet describing all of the disclosures, under pre-need contract section, of the Illinois Funeral Burial Funds Act, to be drafted in plain English, instead of language less appropriate for public use. Apparently, these booklets, which are required by law are printed in a very legalistic manner. The Comptroller's Office has asked for a... the ability to produce these booklets in a manner which is easy for people to read and less legally, less legally, less legalese, shall I say. I know of no opposition to the Bill. I'd be happy to respond to any questions, and I'd appreciate your support."

"The Gentleman from Cook, moves for the passage of House Bill 277. On that, are there any questions? The Gentleman from Winnebago, Representative Scott."

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

"He indicates he will. Proceed" 97  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Representative Kubik, is the Amendment part of the Bill? Amendment #1 is that part of this now?"

"Yes."

"And Amendment #1 changes some words regarding the scope, application and consumer protections of.. is that?"

"Representative Scott, as I understand it the new language clarifies that the booklet is intended to protect consumers. And that all matters under the scope and application of this Act, of concern to consumers, shall be included in the booklet. So, I guess it's an Amendment to clarify the scope of the Act."

"So, when you read the two things together, basically that you've got, basically then, what you have is that all of the scope, application and consumer protections are to be written in, for the consumers in plain English."

"That's correct."

"What kind of difficulties have there been? You said that there, apparently, that some of these books are written in a little bit difficult language. Were there a couple examples that you had?"

"I know of no particular example, other than, the Comptroller's Office has indicated that a number of consumers have complained that it is a difficult book to read. Apparently, it is a very... it's very legalistically drawn. And the average consumer, in looking through it, would have a great deal of difficulty understanding some of the terminology, et cetera. The Comptroller's Office has sat down with the Funeral Industry, and has worked out agreements, so that there would be no opposition to the Bill. So, I think this is really a good Bill, to make it easier for consumers to understand the scope of the law, with respect to pre-need sales." 98  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Right, so we've got a pretty good agreement between the Comptroller's Office and the Funeral Association, on what plain English means with respect to the terms that are commonly found in these pre-need booklets?"

"Yes, that is correct."

"Okay. Thank you very much."

Speaker Granberg: "Anything further? The Gentleman from Vermilion, Representative Black."

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

"He indicates he will, proceed."

"Representative, I know I've been warned not to pay any attention to the Democrat staff notes, but I was looking in the file and the Democrat staff has a note in here that says, this Bill is dead on arrival in the Senate. Is there any truth to that?"

"Representative Black, I would be the smartest man in the General Assembly, if I could predict what the Senate would do on any Bill."

"I think that is an outstanding answer."

"I will not take that credit, however."

"I think that is an outstanding answer. But I see the word burial on the board and this may be an indication that the Democrat staff is on top of something. But we'll just have to see what happens. It's an outstanding answer, Representative."

"One think I can be assured that when this Bill passes the House, at least the Senate will know what the word burial means. It will be in plain English, so that they will not be confused in any way."

"That's assuming that they come back into Session any time in the near future and can act on this Bill." 99  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"That assumes that we can revive long enough for them to come back."

"Oh yes. CPR might be in order. Thank you, Mr. Speaker."

"Mr. Black, for what reason do you arise?"

"Yes. Thank you very much, Mr. Speaker. An Inquiry of the Chair."

"State your inquiry."

"Yes. When this Bill was called, was it the Clerk of House who called it, or was it the Assistant Clerk?"

"I believe it was the Assistant Clerk."

"It has been brought to my attention that the Assistant Clerk may want to recuse himself from this Bill, because I believe his spouse is a lobbyist and may be on the Floor. Should we have the Clerk of the House read this Bill, to avoid any, any question of any impropriety?"

"Mr. Rossi, can you please... assume the voting please? Is that sufficient, Mr. Black?"

"I think this would protect the integrity and sanctity of the House. And I appreciate the indulgence of the Speaker."

Speaker Granberg: "Your point is well taken. Representative Kubik, to close."

"I would just note that the Assistant Clerk is blushing. And would appreciate your support on this Bill."

Speaker Granberg: "The Gentleman from Cook moves for the passage of House Bill 277. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question, there are 115 'aye' votes; 0 voting 'no'; 0 voting 'present'. House Bill 277, having received the Constitutional Majority, is hereby declared passed. House Bill 279, Representative Novak. Mr. Clerk, read the Bill." 100  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Clerk Bolin: "House Bill 279, a Bill for an Act regarding assessments on the propane industry. Third Reading of this House Bill."

"The Gentleman from Kankakee, Representative Novak."

"Thank you, Mr. Speaker. House Bill 279 creates the Propane Education and Research Act. It provides that propane industry organizations may conduct a referendum amongst their members for the creation of an Illinois Propane Education and Research Council. The council shall develop programs to enhance consumer and employee training and safety to provide for research and development. And to inform and educate the public about safety and other issues, associated with the use of propane. Provides the Director of the Department of Agriculture may serve as an ex-official member of the council and may recommend programs and activities considered appropriate. Requires an annual audit of the council's books by a certified public accountant. As Amended by Committee Amendment #1, House Bill 279 will not have no fiscal impact on the Department of Agriculture. The agency's responsibilities under the Amended version of the Bill would be minimal, and would consist of maintaining of the council's membership, referendum results, in the program's budget. This is an initiative of the Illinois Propane Council in Illinois. Federal Legislation was passed last year allowing this to be done on a nationwide level. And the associations around the country, specifically, in our case the State of Illinois are pursuing legislation to authorize programs for safety and education, by virtue of a referendum amongst its members, for this good public policy. I'd be more than happy to entertain any questions." 101  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Speaker Granberg: "On that question, the Gentleman from Vermilion, Representative Black."

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

"He indicates he will, proceed."

"Representative, I'm sorry I couldn't hear all of your explanation. As amended, does the Farm Bureau stand in opposition of the Bill?"

"To my knowledge, no."

"As amended, I don't believe there's any opposition to the Bill, am I correct?"

"You are correct, Representative Black."

"Is there any safeguard in the Bill to keep the assessment from being passed on to the consumer?"

"Yes, that is specifically written into the legislation."

"Thank you, Representative. I think it's a good Bill."

"Thank you, Representative."

Speaker Granberg: "Anything further? The Gentleman from Effingham, Representative Hartke."

"Will the Sponsor yield?"

"He indicates he will, proceed."

"Representative Novak, could you, could you enlighten the Body on maybe how many accidents occur ever year, with consumers who really don't know how to light their furnaces and are safe around propane or barbecue grills and things like that."

"Well, Representative Hartke, I don't have any statistics before me, but I know one of the reasons this Bill was given to the General Assembly for consideration was to address safety concerns, specifically, with the employees who deal with propane on a day to day basis. But I do not have any particular figures with respect to accidents."

"Well, I'm not familiar either and I stand in support of 102  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the Bill. But it would just seem to me that this would only make common sense, because we're handling propane and volatile gas which can explode and so forth, that it's inherent that we provide this safety education for those people. Thank you."

"The Gentleman from Madison, Representative Stephens."

"To rise in support of the Bill and to make sure that the Clerk is aware that, I believe, I'm a Cosponsor of the Bill. And I want the record to so reflect."

"Thank you."

"Yes, Mr. Speaker. I signed a slip earlier today for Representative Stephens, to be a Sponsor."

Speaker Granberg: "Mr. Clerk, did you note that Representative Stephens is to be a Cosponsor of this? Very good. Anything further, Representative? The Gentleman from Kankakee, to close."

"Yes, just to reiterate I think this is good public policy that we pursue in the State of Illinois. It provides for safety, safety and education programs for individuals in the propane industry. And the funding is provided on a referendum basis of the membership in the industry, so I certainly ask for your support. Thank you."

Speaker Granberg: "The Gentleman from Kankakee moves for the passage of House Bill 279. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question there are 115 'aye' votes; 0 voting 'no'; 0 voting 'present'. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 288, Representative Deering. Mr. Clerk, read the Bill." 103  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Clerk Bolin: "House Bill 288, a Bill for an Act concerning vehicles. Third Reading of this House Bill."

"The Gentleman from Washington, Representative Deering."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. This is a codification Bill that the transportation industry, the Department of Transportation, I believe the Secretary of State's Office has been working on for approximately two years, trying to codify some of the definitions in the Motor Vehicle Code and some of the other codes that we have in the statutes. It's... the intent is to try to put everybody on the same plane when we're talking about certain definitions. I think this is a good cleanup legislation to close some of the areas of the statutes and make everybody look at the same definition, so we can all be working from the same point. I'd be happy to try to answer any questions."

Speaker Granberg: "The Gentleman moves for the passage of House Bill 288. The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. To the Bill. I simply rise in the absence of the Chair our Spokesperson for Transportation Committee, Representative Wait, to inform the Members of the Body that the Sponsor of this Bill accommodated all of our questions, in fact held the Bill for an extra week so that any and all questions could be looked into to. He has purported the Bill to be exactly what it is, an agreed Bill by all of those interested in doing the rewrite of the Illinois Highway Users Vehicle Code. And I stand in support of the Bill and urge my colleagues to vote 'aye'."

Speaker Granberg: "Anything further? The Gentleman from 104  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Washington, Representative Deering, to close."

"Well thank you, Mr. Speaker. I just ask for a favorable Roll Call."

Speaker Granberg: "The Gentleman asks for the passage of House Bill 288. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question, there are 115 'aye' votes; 0 voting 'no'; 0 voting 'present'. House Bill 288 having received the Constitutional Majority, is hereby declared passed. Speaker Madigan, in the Chair."

Speaker Madigan: "House Bill 306, Mr. Lang. Mr. Lang on House Bill 306."

"Thank you, Mr. Speaker, Ladies and Gentlemen. House Bill 306 was suggested by the presiding judge of the probate division of the Circuit Court of Cook County. It adds a new preference for letters of administration. It gives a parent or nominated person a preference after a surviving spouse. Current law does not provide that these persons have a preference to obtain letters. That's what the Bill does. There was no opposition in committee. And I would ask for your support. This is a very technical Bill for probate administration."

"Mr. Clerk, read the Bill."

"House Bill 306, a Bill for an Act to amend the Probate Act of 1975. Third Reading of this House Bill."

Speaker Madigan: "The Gentleman has explained the Bill. There is no one seeking recognition. The question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk, shall take the record. On this 105  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 question, there 114 'ayes'; 0 voting 'no'. This Bill having received the Constitutional Majority, is hereby declared passed. House Bill 316, Mr. Boland. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 316, a Bill for an Act concerning the use of soybean ink. Third Reading of this House Bill."

"Mr. Boland."

"Thank you, Mr. Speaker. This Bill creates the Soybean Ink Act. The Bill would require contractors that are providing printing services to units of local government and school districts to use soybean oil ink, unless the relevant contracting entity determines that another type of ink is required to assure high quality and reasonable pricing. The Bill is backed by the Illinois Farm Bureau, by the Illinois Soybean Association. DCCA has said that this is not a mandate and there is no fiscal impact. And I would ask for everyone's support on this Bill. It's good for the environment. It's good for our farm community. It helps to create a greater market for soybeans in the State of Illinois and therefore that helps our small towns and small town merchants. The farmers in turn, hopefully, will be buying more farm implement machines in places like Peoria and the Quad Cities and also Decatur. Thank you."

"Mr. Black."

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

"The Sponsor yields."

"Representative, I appreciate your kind words for Decatur. Unlike one of the Members on your side of the aisle, who had terrible things to say about Decatur, I'm glad you were positive in your comments. Let me ask you a question. Is there a difference in cost, between soybean ink and 106  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 petroleum based ink?"

"There basically is no cost difference. There may be in some individual instances. And that's why we left an option for local governments and school districts, if there was one particular type of printing that there was a cost differential, then they could choose otherwise."

"All right. I thought I heard you say in your explanation, but I don't see it in the Bill. If a unit of government that we are asking to require this in their contracts are able to show that it would be more expensive or more time-consuming or more difficult to specify or have soybean ink used in their printing needs, do they then have the option to opt out, or are they required to go with soybean ink, regardless?"

"No they are... they have the option of going out."

"Would they have to... And that is their decision. They don't have to file it with any agency of the State, for a review or whatever?"

"Right."

"Okay. Representative, is this your first Bill or second Bill? I get very confused."

"Unfortunately, it's my first Bill."

"I... I had a hunch. I..."

"Maybe I should have said second."

"Well, I... Representative, you're not a farmer are you?"

"I'm the grandson of a family farmer, thank you."

"Do they raise soybeans?"

"Yes, they raise soybeans and corn."

"An Inquiry of the Chair. Is there a potential conflict of interest here, Mr. Speaker? The Gentleman has said that he's the grandson of a soybean farmer and here he is extolling the virtues of soybean ink. We may have to get 107  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Representative Tim Johnson and our Conflict of Interest Committee to meet. I'm not sure. Is Representative Johnson here? Well, I'm sure he's in the building."

"Representative, if I can reply to that. My grandparents' farm was in Iowa."

"Oh. Does this Bill impact Iowa at all?"

"I don't believe so. They've already got this Bill, incidentally."

Speaker Madigan: "Can we bring this discussion to a close? Can we move on?"

"Yes... By the way he's doing an excellent job. Mr. Speaker, you should be very proud of him."

"Yeah. We are proud, thank you. Mr. Hartke."

"Thank you very much. Will the Sponsor yield?"

"The Sponsor yields."

"I have one question, Representative Boland. What is the price that would allow local units of government to opt out of this program?"

"There is no set limit, but we did a Bill last Session that would have required the State Government and the 10% differential was considered to be proper."

"What happened when we passed that Bill last year?"

"I believe it went to the Governor and got signed, and everything's okay."

"What happened to the price of soybeans?"

"Well, I don't know, but Representative Turner, earlier after my Bill got through Committee, said that the soybean future market went up. So hopefully it's still up."

"Did you buy futures this morning?"

"No, I didn't."

"Why didn't you?"

"Unlike some hog farmers, we in the Quad Cities don't 108  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 have money to invest in soybean futures."

"Well, thank you very much, Mr. Boland. I think it's a great piece of legislation and I hope it helps out my friends in Decatur, with the processing of soybean ink. Thank you very much."

"Mr. Moffitt."

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

"The Sponsor yields."

"Representative, I trust... You did say this is your first Bill. Is that correct?"

"Yes it is."

"Then you've had lots of time to study soybeans and soy ink and would know lots of details. You mentioned that this would boost the economy around the state. You mentioned equipment sales in Moline. Is there a particular color of equipment that you seem to be promoting here?"

"Well, actually, in Moline we... and in the Quad City area, we have a couple of different colors. Both red and green that we like to promote."

"So you're, you're impartial as to which one of those it would be."

"Yes I am."

"Okay. Since you've become an expert and had so much time to study this. How much does... How many pounds would a bushel of beans weigh?"

"You've got me there, Don."

"You're trying to promote this legislation and you don't know how much a bushel of beans weighs?"

"Well, I rely on experts who are actually still in the field, like you. I'm only the grandson of farmers and haven't been out in the field for a long time."

"Well, since you've pointed that out and I appreciate 109  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 that compliment. You've certainly won me over. You did... A question was raised there, or where your comment was made, about the Bill that we had last Session and I was Lead Sponsor on it and I was proud to have you as a Cosponsor. That Bill was signed and that was just for State Government. The Governor signed that and used a soybean pen to sign that legislation. And I'm very pleased that he did that. He wanted to keep the pen but I wanted the pen. And so far I've been able to maintain ownership of that pen and a picture of him signing it. But since you pointed out that... the fine compliment there on being a soybean farmer. I'm just real pleased to support this and congratulate you on your first Bill. Thank you."

"Representative. We'll try and get the Governor... "

"Mr. Boland. Mr. Boland. Mr. Boland, everybody spoken who wishes to speak. And so we can now proceed to our Roll Call. Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? The Clerk advises me that the bell has stopped ringing. It's protesting. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 112 people voting 'aye'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 320, Mr. Deering. Mr. Clerk, read the Bill."

"House Bill 320, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of this House Bill."

"Mr. Deering."

"Thank you Mr. Speaker, Ladies and Gentlemen of the House. This Bill is a Bill dealing with the Vehicle Code. It allows provisions to let garbage trucks... certain type garbage trucks, extend the length three feet beyond the 110  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 front wheels or bumper for collection of waste, garbage and recyclable materials. It came out of Committee, I believe, unanimous. There was some concerns with the State Police. We did adopt an Amendment in Committee that addressed the concerns of the State Police. The City of Chicago, initially, had some concerns about it and I believe we have taken care of those concerns. I would be pleased to try to answer any questions."

"The Gentleman has explained the Bill. Is there any discussion? There being no discussion. The question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk, shall take the record. On this question, there are 114 people voting 'aye'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 322, Mr. McGuire. Mr. Clerk, read the Bill."

"House Bill 322, a Bill for an Act to amend the Illinois Highway Code. Third Reading of this House Bill."

"Mr. McGuire."

"Speaker. House Bill 322, is a very minor Bill. And what it actually does is it changes the time period... a land use assumption time period is a change from a 10 year period to a 20 year period. The Bill was so reported in committee, I believe favorably. We have a bipartisan sponsorship, with Representative Hassert, on the Bill. The Bill does not have a fiscal impact on DCCA. It does not have fiscal impact on any units of local government. And strange as it may seem, the cities and the developers are all in accord with the Bill. There are no known opponents. And I would appreciate your passage of the Bill. Thank 111  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 you."

"The Gentleman has moved for the passage of the Bill. There being no discussion, the question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 people voting 'aye'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 345, Mr. Capparelli. Mr. Clerk, read the Bill."

"House Bill 345, a Bill for an Act to amend the Illinois Pension Code and State Mandates Act. Third Reading of this House Bill."

"Mr. Capparelli."

"Thank you, Mr. Speaker. House Bill 345, amends the Chicago Police article of the Pension Code. The City of Chicago pays a duty availability allowance to Chicago police officers and they get compensation for this the time when they are at home, but they're not actually working. This allowance, which currently totals about $400 per quarter does not count as part of their retirement. House Bill 345 would change the definition, from duty availability to salary so it would count towards their retirement. This has been okayed by the City of Chicago. It's been an agreed Bill. And I would ask you for a favorable Roll Call. Thank you."

Speaker Madigan: "The Gentleman has explained the Bill and move for the passage of the Bill. The Chair recognizes, Mr. Cross."

"Thank you, Mr. Speaker. If the Sponsor would yield?"

"The Sponsor yields." 112  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Representative, will this cost the State of Illinois any money?"

"The State of Illinois doesn't cost a cent, no."

"Will it cost the City of Chicago any money, or Cook County?"

"I beg your pardon. I didn't hear you."

"Will it cost the City of Chicago or Cook County, any money?"

"It will cost the City of Chicago, because the Chicago policeman pay 9% and the City of Chicago will pay 18% towards it. But they have agreed to pay this for this benefit. "

"But, absolutely no money will come from the State's Budget at all?"

"No."

"Is there any opposition to this Bill, that you're aware of, Representative?"

"Not that I know of. No."

"Okay. Thank you."

Speaker Madigan: "The question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are a 114 voting 'aye'; 0 voting 'no'. This Bill, having a Constitutional Majority, is hereby declared passed. Representative Lindner. Representative Lindner, are you prepared to call your Bill? House Bill 351. Mr. Clerk, read the Bill."

"House Bill 351, a Bill for an Act concerning Appropriation Bills. Third Reading of this House Bill."

"Representative Lindner."

"Yes. Thank you, Mr. Speaker. This is the agency 113  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 appropriation and performance based budgeting Bill. And ask that we do the budget, agency by agency and incorporate performance based budgeting concepts into the making of the budget. I know of no opposition to this Bill."

"The Lady moves for the passage of the Bill. Is there any discussion? There being no discussion, the Chair recognizes, Mr. Hartke."

"Will the Sponsor yield?"

"The Sponsor yields."

"Representative Lindner, am I to understand correctly, this would require the budget to be in one big Bill?"

"No, that's the way we do it now. This would provide that we look at the budget agency by agency."

"Every agency."

"Yes."

"Department of Public Aid, Department of Conservation, DCCA, all of them would be separate, or D and R, I should say. All of them would be separate budgets."

"Yes."

"Passed individually as opposed to one, big, bad budget."

"That's correct."

"Then I'm for this Bill. I like it."

"Representative Lang."

"Thank you. Will the Sponsor yield?"

"The Sponsor yields."

"This may be a similar question, the one that Representative Hartke asked. This will require all budgets to be in one Bill. Is that what the Bill says?"

"No. It would require looking at the budget agency by agency, but in inducing performance based budgeting concepts into looking at the budget. So instead of looking at the budget in an incremental manner, we would be looking 114  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 at results, outcomes and the effectiveness of the agencies, when looking at how to do the budget."

"Well, Representative, as you know, I'm an attorney. I don't understand some of those accounting things you're throwing at me. As a matter of fact, you're an attorney maybe you took some accounting courses. What does all of that mean, performance based budgeting? What is that all about?"

"I don't think it has anything to do with accounting. It has to do with performance measurements, in relation to the mission goals and objectives, of the agency for which the budget is prepared. And development of quantifiable measurable goals and objectives and specific measures of agency performance in relation to them. And this would probably be a four step process."

"You know there's actually some people looking at you, and listening to you, saying this and acting like they know what you just said to me. I don't think anyone knows what you just said to me. Give me an example. Give me an agency budget and tell me how we would look at, if this Bill passes."

"Well, I can't tell you in terms of a specific agency. But we would look at the budget in terms of desired outputs or activities. For instance, right now you might have an agency coming to you saying, 'well I need funding for this equipment and this staff.' But the performance based budget and that's incremental budgeting but performance based budgeting would say that you should look a the past results of the progress and outcome and the activities that the agency is doing. You look at desired outputs or activities, outcomes resulting from those activities that measure their effectiveness, measures of efficiency usually 115  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 defined as cost per unit of output, elapsed time per unit of output or similar efficiency agencies and effectiveness including both cost effectiveness. If you would really like to know about this Representative, I have a whole book on performance budgeting. A program evaluation division Office of the Legislative Auditor of the State of Minnesota which uses performance based budgeting. And also, I have a synopsis of this from our Legislative Research Unit, also."

"Well, I'm not at all certain what they do in Minnesota interests me, relative to this issue. Was there any opposition to this in Committee?"

"I don't believe so. No."

"Is this an administration Bill?"

"No, it's my own Bill that I've had filed ever since I became a State Representative."

"Oh, so during the entire period of time you've been here, this has been something you have been interested in."

"Definitely."

"How come you couldn't pass it when you guys had the majority last year?"

"I don't know, it just didn't come up. We had too many other things to do last year."

"Well that's a good enough answer for me. Thank you."

"Mr. Skinner."

"I wonder if I could ask if these would be examples of potential performance evaluators? For example, the default rate in a loan program?"

"I'm sorry, the what?"

"The default rate in a loan program, might that be a performance indicator?"

"I don't know, Representative."

"Well, I would like to suggest it would be." 116  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Okay."

"In the Department of Corrections, the percentage of inmates found with drugs in their systems, in each institution, might be a performance indicator."

"I would assume if you're looking at outcomes and effectiveness. Yes, those would be... those things that you're talking about would be performance indicators."

"Or even the percentage of employees found with drugs in their systems in the Department of Corrections. The point I would like to make in this debate is that, what the Representative is looking for is not activity measures. She's not looking for how many times some clerk filed some report. She's looking for something that actually has something to do with the purpose of the agency or program in question. And I think this might be an exiting experiment. It certainly would teach bureaucrats new talents."

"Thank you Representative, for your input."

"Mr. Hannig."

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

"The Lady yields."

"Representative, does this require that each agency budget be sent to the Governor, in its own Bill? Or that simply that they be introduced separately?"

"That it be introduced. Sent to the Governor that way."

"So what would happen in a case, where say some Constitutional Officer forgot to introduce a Bill, and you're saying, in effect, that they could not be Amended into another Bill at that point?"

"No. I don't believe that's what we're saying. We're looking at this as a tool to look at the agencies and the performance of the agencies, not trying to exclude an 117  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 agency."

"But I guess my question is that you're saying, in effect, that the appropriation Bills are not germane to each other anymore. That we could no longer put the Comptrollers Budget and the Treasurer's Budget together and send them on to the Governor or package of Constitutional Officers, that each one would have to be separate."

"I don't that we're saying that as much as we're saying that we have to look at them separately, first."

"I don't really have any problem with what you're trying to do, as far as the reporting part and the accountability. I think those are very good parts of this Bill. My only concern would be that maybe you don't want to... and I also agree with the concept that we should introduce the Bills, separately and individually. And I think that maybe when the Bill gets over to the Senate, you ought to look at the part that has to do with the final passage on to the Governor's desk, that in some cases we may want to, and it may make sense in terms of even time, to lump some of those Bills together in this type of format with this reporting. But if you take a look at that over in the Senate, I'd be happy to support your Bill at this time."

"Thank you."

"Mr. Novak."

"Thank you, Mr. Speaker. I simply rise in strong support of this Bill. You know it wasn't too long ago in the late '80's and early 1990's, we used to debate every agency budget on this Floor. And every Member was offered the opportunity to either amend that budget or try to make other changes. And those Amendments either fell on their merits or fell on their faults, I should say, or succeeded 118  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 on their merits. I think this is a good beginning that we get back to analyzing each appropriation on an individual basis instead of dealing with one lump budgets at the end of each... or near the end of each fiscal year. And try to digest a mountain of material with a $34 billion plus budget. I think this is a good start, wise and prudent choice. And I certainly applaud Representative Lindner, for pushing this legislation forward. And I wholeheartedly support this Bill."

"Representative Erwin."

"Thank you. Mr. Speaker. Not that Representative Lindner needs my help because she's done a great job explaining this. But I would just like to add my very strong support. I think this is a long needed budget reform. As Representative Novak mentioned, there was a time in the '80's, for actually all of the '80's, that every agency budget was not only considered separately, and much more carefully on the Floor, but also in Committee. You were able to submit lists of question to agencies a month or a month and a half in advance. We need to have a much more thorough examination of how we are spending our money and certainly getting away from this approach, incremental approaches, Representative Lindner said, in evaluating, that we are just going to add a couple more percentages to whatever it was we spent last year. I would certainly encourage everyone to vote 'aye' on this. I think this is something you're all going to be very happy that you were involved in passing. Thank you."

"Representative Lindner to close."

"Thank you for the support and I would ask for a favorable vote."

"The question is, 'Shall the Bill pass?' Those 119  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 in favor signify by voting 'aye'; those oppose by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 people voting 'yes'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is here by declared passed. Mr. Saviano. Do you wish to call your Bill? House Bill 370. Mr. Clerk, read the Bill."

"House Bill 370, a Bill for an Act to amend the Regulatory Agency Sunset Act. Third Reading of this House Bill."

"Mr. Saviano."

"Thank you Mr. Speaker, and Members of the House. House Bill 370 is a cleanup with some technical changes regarding the Regulatory Agency Sunset Act. It provides a couple things, it provides the definition of programs within the Act. It also provides a change wherein the... it's been a custom in the last few years to roll five or six Bills into one Bill to be voted on for passage of different sunsetting Licensure Acts. Under this Bill that would no longer be allowed to take five or six sunset Acts and put them into one Bill. And this Bill would prohibit that. And I would ask for a favorable consideration."

"The Gentleman moves for the passage of the Bill. On that question. The Chair recognizes, Mr. Hartke."

"Thank you very much. Would the Sponsor yield?"

"The Sponsor yields."

"Representative Saviano, do you know that there is a... our staff says there is a technical error in this piece of legislation?"

"There's a technical error?" 120  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Yes, it seems like you skipped Section 4.8, which repeals the Acts of the 1995 sunset dates. You could just pull this out of record and take it back to Second. I mean I have no objection to what you're doing. But it does have a technical problem and we could fix that with an Amendment tomorrow."

"Okay, we'll pull it out and ask staff to take a look at it."

"Okay, thank you."

"Thank you. Pull it out."

"Mr. Clerk, take this Bill out of the record. House Bill 405, Representative Schakowsky. Take this Bill out of the record. House Bill 472, Mr. Durkin. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 472, a Bill for an Act to amend the Unified Code of Corrections. Third Reading of this House Bill."

Speaker Madigan: "Mr. Durkin. Mr. Durkin. Mr. Clerk, take House Bill 472 out of the record. The next Bill will be House Bill 521, Mr. Stephens. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 521, a Bill for an Act regarding farm machinery. Third Reading of this House Bill."

"Mr. Stephens."

"Thank you, Mr. Speaker. This Bill provides for an exemption for horticultural polyhouses or hoop houses that are used for propagating or growing or overwintering plants. It construes that horticultural polyhouses as farm machinery and equipment and that exempts them from tax under the service occupation tax, the Tax Act and the Retailers Occupation Tax Act. Quite simply, this is a Bill that calls for fairness. These items are actually items that should be described as machinery and not as buildings. 121  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 I think this is a good farm belt Bill. Should not meet opposition. I move for its adoption."

Speaker Madigan: "The Gentleman moves for the passage of the Bill. On that question, the Chair recognizes Mr. Dart."

"Will the Sponsor yield?"

"The Sponsor yields."

"Representative, the Department of Revenue is opposed to this, isn't it?"

"I'm sorry."

"Isn't the Department of Revenue opposed to this Bill?"

"They are opposed to it. They are two significant opponents, the Illinois Municipal League, and the Illinois Department of Revenue. And they..."

"Can you tell me why that each of them are opposed to it?"

"I believe that they... they feel that this will be a loss in revenue and actually, I would concur. But it's our position that this is revenue that they should of never gotten, they should never have received in the first place. It's a small and unpredictable amount and they don't give a dollar amount."

"Do they have any idea of how much that amount is, that they think they are going to be losing?"

"I'm not sure that they do. I don't know how much."

"Okay. No further questions."

"The question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 people voting 'aye'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 526, Mr. Leitch. Mr. Clerk, read the Bill." 122  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Clerk Rossi: "House Bill 526, a Bill for an Act to amend the Illinois Income Tax Act. Third Reading of this House Bill."

"Mr. Leitch."

"Thank you very much, Mr. Speaker. The purpose of House Bill 526 is to address a technical point that's in the Tax Code. To clarify that personal property tax credits pass through to corporate partners and joint venture partnership developments, as well as to individual partners. It's a clarification, I think, that it's long overdue. And I don't know of anyone who opposes it. I'd ask for its passage."

Speaker Madigan: "The Gentleman moves for the passage of the Bill. There being no discussion. The question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 people voting 'aye'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 540, Mr. Lang. Mr. Clerk, read the Bill."

"House Bill 540, a Bill for an Act amending the Department of Mental Health and Developmental Disabilities Act. Third Reading of this House Bill."

"Mr. Lang."

"Mr. Speaker. Inquiry of the Clerk. Is Amendment #2, on the Bill?"

"Mr. Clerk."

Clerk Rossi: "Floor Amendment #2, has been recommended by the Rules Committee that it be adopted."

"Mr. Speaker, this is a technical Amendment. I would ask 123  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 that the Bill be moved back to Second, so I could adopt a technical Amendment."

"Now this Bill shall be placed on the Order of Second Reading. And Mr. Clerk, is this Amendment #2?"

Clerk Rossi: "Floor Amendment #2, offered by Representative Lang."

"On Floor Amendment #2 the Floor recognizes, Mr. Lang."

"Thank you Mr. Speaker, Ladies and Gentlemen. Floor Amendment #2, is a technical Amendment. We left out the Minority Leader in both the House and the Senate as people involved relative to Amendment #1. And I would ask that this technical Amendment be adopted."

"Mr. Black."

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

"The Sponsor yields."

"Representative, I appreciate your idification that it is a technical Amendment. But could you share with me how technical. Or what do we mean by technical? What is it doing?"

"On page 2 of Amendment #1, Mr. Black, if you have... Do you have that?"

"In all sincerity, I don't even have a copy of the Amendment. I just have a copy of the Bill."

"Well... ."

"I'm sorry. Is it Committee Amendment or Floor Amendment?"

"Committee Amendment #1."

"Okay. I have the copy."

"Committee Amendment #1 on page 2 on lines six through eight talk about reporting to the Speaker of the House and 124  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the President of the Senate. We wanted to include the Minority Leader in each of the Bodies. That's all the Amendment does, Sir."

"So, Committee Amendment #1, let me just make sure I've got all my papers in order. Committee Amendment #1 is on the Bill, correct?"

"That is correct, Sir."

"And you're moving now for the approval for Floor Amendment #2?"

"That is correct."

"And you are adding the Minority Leader of the Senate and House? That's fine, thank you."

"Thank you."

Speaker Madigan: "Mr. Lang, moves for the adoption of Amendment #2. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

" Third Reading. Mr. Clerk, has the Bill been read a Third time?"

"The Bill has not been read a third time."

"Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 540, a Bill for an Act to amend the Department of Mental Health and Developmental Disabilities Act. Third Reading of this House Bill."

"Mr. Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The language in this Bill is now unopposed as far as I know. There are many advocacy groups that deal with the Department of Mental Health, that would like to be able to visit state mental health facilities. This Bill is a consensus view of how that should be done. The department 125  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 was involved in the drafting of the Amendment. As far as I know there is no opposition. This would help our state mental health facilities by allowing some of these nonprofit groups, who have some interest in the issue of mental health, to enter the facilities at reasonable times to assess what's going on in these facilities. And I would move for passage."

Speaker Madigan: "The Gentleman has moved for the passage of the Bill. And that question the Chair recognizes, Mr. Black."

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

"The Sponsor yields."

"Representative, I have four questions for you. Question #1, would the designated advocacy organization by required to give a facility any notification that they are going to conduct an inspection?"

"On page 2, Mr. Black, of Amendment #1 it indicates that the department shall adopt the rules for certifying the organizations and for the kind of notice that should be given."

"All right then, with that language in there, I assume the next question I had is also, yes. This Bill because of your Amendment would give the department the ability to restrict access to a unit or recipient, where they feel harm may result to recipient or to the unit?"

"That is correct. Although that same Amendment says on line nine, that under no circumstances shall certification or access be denied because a particular group may have a disagreement with the department, relative to some other issue."

"Does the Amendment address any of the concerns about liability? In other words, would the State or the advocacy 126  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 organization be liable for damages if a visit interview resulted in behavior by one or more recipients and caused harm to themselves or others?"

"Well the Bill is silent on that issue, Mr. Black. But certainly if anybody enters any state facility and harms any resident therein they would be responsible for their actions."

"Representative, last would under the Amendment and the Bill as Amended. Excuse me. Could the department then require a person or persons conducting an inspection have a particular training certification or experience?"

"Well, the department will set up the rules as to who can be certified. And if they require certain background then that will be part of their rules and regulations. The department I believe, Sir, I don't think I'm misstating this, has signed off on this Bill, as it is."

"I... That's my understanding as well and thank you, Representative."

"Thank you."

"Mr. Skinner."

"This sounds like a pretty interesting idea. Could you tell me what are the potential organizations that might be selected by the Auditor General?"

"Well, let's start with a group called the Alliance For the Mentally Ill and groups such as that that the different coalitions who have advocates within them, that are interested in this, that have a background in this, that want to help monitor the state mental health facilities. When I first introduced this Bill, I think the department was a little concerned because they felt that this might be an avenue for me to allow thousands of different people and thousands of different groups to enter the mental health 127  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 facilities, and be critical of what they're doing there. But I've convinced them and since they've signed off on the language, I think they are convinced that the purpose of this is to help them monitor their own situation. We cannot give the Department of Mental Health sufficient resources to monitor everything under any given set of circumstances. And they know that some of these advocacy groups will be very helpful in helping them assess what's going on within their own department."

"It's an intriguing idea. It might work for prisons too."

"Well let's talk about it, thank you."

Speaker Madigan: "The question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 people voting 'aye'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 370, Mr. Saviano. The Bill has already been read a third time."

"Thank you Mr. Speaker, Members of the House. Our respective staffs' have gotten together and 4.8 was left out intentionally, because of the date of the repealment was back on December 31, 1995. So we didn't address it purposely in the Bill. And on that I would ask for favorable consideration."

"The Gentleman has moved for the passage of the Bill. Those in favor... The Chair recognizes, Mr. Hartke."

"I just concur."

Speaker Madigan: "The Gentleman has moved for the passage of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted 128  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 'ayes'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 472. Mr. Clerk, read the Bill."

"House Bill 472, a Bill for an Act to amend the Unified Code of Corrections. Third Reading of this House Bill."

Speaker Madigan: "For what purpose does Mr. Woolard seek recognition?"

"Without the bell, I was fastly asleep on the previous Bill. Had I been awake, I would of been recorded as voting 'yes'. And my seatmate, as well."

Speaker Madigan: "I see. Is that the Bill presented by, Mr. Saviano? Mr. Durkin."

"Thank you, Mr. Speaker. House Bill 472, makes the offense of manufacturing child pornography, a non-probationable Class I Felony. From the time this Bill was first introduced into the General Assembly many years ago, it has been a probational offense. The reason I am making this change, is due to a disturbing case which occurred in the 4th District of Cook County last fall, in which a known pedophile through admissions was... took very lewd photographs of a three year old girl sleeping at a fourth of July party, in which he received the benefit of probation. I searched the record, and then also through the statutes to determine what mitigating reason could this individual ever get probation. And I feel that there is none. And there are no reasons why people who commit this types of offenses should be receiving that type of sentence. For that reason I am making this... changing this law to make the manufacturing of child pornography a 129  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Class I, non-probationable offense punishable by a minimum four years, maximum fifteen years in the Illinois Department of Corrections. I'm ready for any questions."

"Mr. Black."

"Thank you, Mr. Speaker. An inquiry of the Chair."

"State your inquiry."

"Yes. In the absence of the bell as was just indicated from your side of the aisle it is difficult to sometimes remember that we are on Third Reading. Could you instruct the Clerk of the House, to imitate the sound of a bell or something? It's highly, it's highly unusual that we don't have a bell."

"We thought maybe you could give a cow call, Mr. Black."

"I would be more than happy to try that, Sir. Just remind me on occasion."

"The Gentleman has moved for the passage of the Bill. Those is favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Time to vote. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there ar 114 people voting 'aye' 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 561, Representative Bergman. Mr. Clerk, read the Bill."

"House Bill 561,a Bill for an Act concerning school buses. Third Reading of this House Bill."

"Mr. Bergman. Bergman."

"Mr. Speaker."

"Yes sir."

"Ladies and Gentlemen of the House. This Bill as Amended creates the Endangering School Bus Transportation 130  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Act. Provides that the offense of endangering a school bus transportation, is committed when a person tampers with a facility of a school bus with the intent to cause damage, malfunction, or nonfunction, that would result in the creation of substantial risk of death or bodily injury to passengers. It provides that this is a Class A Misdemeanor, punishable by a fine of up to a $1 thousand and or one year in the county jail. This Bill was prompted by conversations with school and transportation officials in my district, that expressed concern for potential trouble spots on buses, or at loading and unloading areas. There seemed to be a need for legislation that would allow police to act before a dangerous situation can occur and escalate into violence. Just 10 days after this Bill was introduced, three teenagers were attacked by 10 gang members with baseball bats and batons, at a school bus stop at 7:30 in the morning, in Mt Prospect, Illinois. One youth was stabbed and others were hospitalized in serious condition. This was a school bus stop that picked up kids going to, Holmes Junior High School, in Mt. Prospect and Rolling Meadows Junior High, located in my district. Just maybe this Bill can allow police to act before a situation erupts into violence and someone gets hurt. Just maybe it can protect our most precious cargo, our school children in an area that's not intended to be a war zone. I'd ask for your favorable passage of this Bill. And attempt to answer any questions."

"Mr. Lang."

"Thank you. Will the Sponsor yield?"

"The Sponsor yields."

"Thank you. As soon as I find him we'll be okay. Representative, where... oh, there you are. Hi, 131  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Representative. Representative, we're all interested in safety on school buses, but in your effort to do that, I think you've created some problems here that I want to go through with you. And perhaps then you'll want to take your Bill back to Second Reading for an Amendment, fix these things, and then we can vote on it. Let me go through these with you. You want to create a Class A Misdemeanor for tampering with a school bus. But if somebody tampers with a school bus now and causes death to a passenger, it's a Class X Felony is it not?"

"Yes, it is."

"So, isn't that a problem with your Bill?"

"This would be any kind of tampering. Not necessarily causing death. This could mean letting air out of tires. Damaging the windshield wipers, obstructing the vision, interfering with the fuel supply. Anything that would put a driver or passenger in fear of their life or if they felt threatened."

"But, in fact, under this Bill if a person boarded a school bus and had the intent to kill every child onboard, under your Bill it's a Class A Misdemeanor. You couldn't have that in mind, could you?"

"That was taken out, as an Amendment."

"It was taken out how, Sir?"

"Through an Amendment."

"So that is no longer the case?"

"That's right."

"Well does your Bill not still provide that boarding a bus with intent to commit a crime, is a Class A Misdemeanor?"

"That was also removed, by Amendment."

"Can you tell me where, where in that Amendment that happens?" 132  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"That was Committee Amendment #1."

"While they're looking for that, let me go onto another question. Under today's law we have a law called the Vehicular Invasion. Boarding a school bus with intent to commit a crime on a school bus is covered by that law. Today it's a Class I Felony. Why do you want to lower the penalty?"

"That would be where a person makes a unauthorized entry. This would be people that... either school children or someone that should be on the particular mode of transportation."

"Well, as I understand the Criminal Law today, going on to school bus to commit a crime would, would fit under the definition of Vehicular Invasion. Would it not be prudent for you Sir and we're going to support, by the way, the notion that we should make school buses safer. But you're to all-inclusive here. You're including types of crimes that have much more substantial penalties today. And leaving open the possibility that you are going to lower the penalties for doing these things. Would you like to take this out of the record and propose an Amendment that will fix these things?"

"Representative, of course, if a more serious crime is committed those perpetrators can always be charged with a more serious crime."

"Not if you lower the penalty, Sir. Under the same name, under the same title, under the same kind of crime intent to commit a crime, you're going to lower that to be a Class A Misdemeanor. I know what you're going for here. So why don't you propose an Amendment that, that keeps in all of the current laws and adds certain things as a Class A Misdemeanor? Rather than leaving us with the possibility 133  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 that some lenient judge somewhere in Illinois is going to misinterpret this and turn a serious felony into a Class A Misdemeanor."

"Representative, we believe that, if in fact, a more serious crime is committed, they would be charged with that more serious crime."

"Well in fact, is it not the case, that if there are two crimes that are committed, the State's Attorney would charge the perpetrator with both crimes. And after the proof was in the record, the attorney would give the jury instructions for both crimes. And the jury might, very well, pick a Class A Misdemeanor even if a Class IV... or Class I Felony was proven."

"Representative, perhaps I can clarify this by simply reading the two pertinent violations that a person would commit, by this Act. Number one, being tampering with a school bus or facility, with the intent to cause any damage, malfunction or nonfunction, that would result in creating a substantial risk of injury or death. Or two, threatening a driver or passenger with death or imminent bodily injury or implies that they are armed with a dangerous weapon. Those are the two net effect provisions of this Bill."

"All right. So you're not going to take this out of the record? You have plenty of time, we have two and a half more weeks on the Floor. This can be fixed. But you don't want to take this out of the record, is that correct?"

"I prefer to go with it."

"I'm sorry."

"I prefer to move ahead with it."

"Thank you. Mr. Speaker, Ladies and Gentlemen."

"Mr. Lang, have you finished?" 134  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Not quite, Mr. Speaker. Let me ask the Sponsor again, if he'd be willing to take the Bill out of the record?"

"All right, we'll take it out."

"Thank you."

"This Bill, shall be taken out of the record. House Bill 578, Mr. McAuliffe. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 578, a Bill for an Act amending the Illinois Public Labor Relations Act. Third Reading of this House Bill."

"Mr. McAuliffe."

"Mr. Speaker and fellow colleagues. House Bill 578, Amends the Illinois Public Labor Relations Act to exclude State Police Officers below the rank of lieutenant, from previous determining supervisory status. This would in effect give the master sergeants the act of collective bargaining. And I'll entertain any questions."

Speaker Madigan: "The Gentleman moves for the passage of the Bill. The Chair recognizes, Mr. Scott."

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

"The Sponsor yields."

"Representative, how many people are affected under this?"

"I believe right now there are 360 master sergeants, with the State Police."

"Three-hundred and sixty, statewide?"

"Correct."

"And they're under which pension system right now?"

"Could you please repeat that question?"

"Which pension system are master sergeants under right now?"

"The question is, what pension system are the master sergeants under right now?"

"The State Employees System." 135  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Let me as... Have there been a Labor Relations Board case regarding master sergeants? Have they tried at some point to be not declared to be supervisory employees and the Labor Relations Board has not allowed that?"

"As far as I know, no."

"Do you know if they have actually tried to organize and... the Labor Relations Board has told them that they can't ? I mean are you trying to correct that situation with this? Or is... do you not know if they've ever even tried to organize under the Act?"

"No, from what I believe, they've never tried."

"So, why would they be different than any other employees, under the Act? Why wouldn't they have to go first, to try to file a case with the Labor Relations Board? Maybe they would say yes. They've got a whole line of case law that establishes who are supervisory employees and thus excluded. How do we know that the master sergeants wouldn't be allowed to bargain collectively?"

"Similar legislation was passed in the 89th General Assembly from the City of Chicago, that concerned the same reasons. And that willingly passed through. So, why they haven't done that I'm not sure."

"The legislation that you referred to with the City of Chicago, was that for sergeants in the Chicago Police Department?"

"Yes, that Bill was for the rank of captain or above to join a collective bargaining unit."

"Captain or above can join?"

"Right. That was the city one."

"You mean, captain or below would be in collective bargaining unit?"

"Correct." 136  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Okay. So above a captain would be excluded, from them?"

"Correct."

"What's the rank right above master sergeant? I'm just trying to make sure we're doing a parallel thing here."

"Mr. Granberg in the Chair."

"I'm not sure. A lieutenant would be above that."

"Okay, but your Bill doesn't seek to add lieutenants, like apparently we did with the Chicago Police Department, right?"

"No, this is only for the master sergeants."

"The Department of State Police is against this Bill?"

"Correct."

"I mean other than, I suppose other than not wanting more employees in a bargaining unit, did they give any other rationale for not wanting this to go on?"

"I believe that would just be cost."

"What did they say that cost is?"

"They didn't give a specific number."

"I'm looking at... do you have a copy of the Fiscal Note, Representative?"

"Yes, I do."

"The last sentence of the Fiscal Note indicates that it would require an expensive and time consuming restructuring of the department. I'm not quite sure what Director Gainer means by that. Do you have any idea what he means by that?"

"No."

"Did he testify in committee?"

"No, he didn't."

"Did anybody from the Department of State Police testify in committee?"

"Yes, they had one lawyer." 137  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Did he talk about what was meant by this expensive restructuring of the department?"

"No, he didn't say that."

"Thank you very much, for answering my questions."

"Thank you."

"Anything further? The Gentleman from DuPage, Representative Johnson." Johnson, Tom: "Will the Sponsor yield?"

"He indicates he will, proceed."

"Yes." Johnson, Tom: "Representative, I know that when this came up in committee a number of us were concerned about what the actual view of the master sergeants would be towards this piece of legislation. As I... I believe that's who this really impacts. Now, did you or the FOP or anybody else go back and do any survey among the master sergeants themselves as to whether or not they really did want this piece of legislation?"

"I did not take a formal survey but I did talk to many master sergeants and they were very much in agreeance with this Bill." Johnson, Tom: "Okay, because again I'm concerned about that, that you don't end up doing something, quote 'to help somebody', who they really don't want your help. Now, I received a letter, I believe it was over the break from Director Gainer, who indicates that they have been advised that numerous master sergeants do not want this type of legislation. And that this will have a very adverse effect on the way the State Police are currently organized. Now, have you satisfied yourself that that's probably not the case?"

"Yes, I'm familiar with what your reading and I didn't 138  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 have any master sergeant call me or send me a letter personally and tell me that they were opposed to this." Johnson, Tom: "Okay. Did you have any discussions with Director Gainer upon receipt of this letter?"

"No." Johnson, Tom: "Or anyone from his department?"

"No." Johnson, Tom: "Thank you."

"Anything further? There being no further questions, the Gentleman from Cook, Representative McAuliffe moves for the passage of House Bill 578. All 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 question, there are 102 voting 'aye';... Representative Burke, indicates that he would have voted 'aye' on House Bill 578. Representative Moore, indicates he would vote 'aye'... would have voted 'aye' on House Bill 578, 9 actually voting 'no'; 0 voting 'present'. House Bill 578 having received the Constitutional Majority, is hereby declared passed. The Clerk indicates the bell is now functioning... not functioning. Not functioning. House Bill 581, Representative Leitch. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 581, a Bill for an Act concerning Occupation and Use Taxes. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Peoria, Representative Leitch."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. For some number of months now, Illinois has been in a great competition with our 139  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Midwestern neighbors for the relocation of what's known as the DHL Air Cargo Facility which is a Federal Express equivalent, only for air cargo, to bring to a state and relocate from Cincinnati a very major air cargo transportation facility. And to that end this is a Bill that would propose that there be an advantage of not paying aviation... Aviation Fuel Taxes for ten years if they were to invest up to $35 million and bring 750 jobs. The Bill also is amended in the event that they had selected Scott Air Force Base area, that they would be accommodated, as well. It's the same Bill as Senate Bill 546, which came to us unanimously out of the Senate and I would ask for your approval of this important piece of legislation. Thank you."

Speaker Granberg: "The Gentlemen moves for the passage of House Bill 581. On that are there any questions? There being none, Representative Leitch now moves for the passage of House Bill 581. All in favor shall vote 'aye'; all opposed shall vote 'no'. Bell. 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 question, there are 114 voting 'aye'; 0 voting 'no'; 0 voting 'present'. House Bill 581 having received the Constitutional Majority, is hereby declared passed. House Bill 496, Representative Art Turner. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 496, a Bill for an Act to amend the Illinois Economic Opportunity Act. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Cook, Representative Turner." Turner, A.: "Thank you, Mr. Speaker and Ladies and Gentlemen of 140  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the House. I bring to you House Bill 496 which is known as the Family Development Program and it is sponsored by the Illinois Community Action Agencies. There is approximately 43 of these agencies throughout the state. Many of them service districts of all of us here in the Assembly and the proposal that we bring to you today is called the Family First Development Program. And what it does, it's made up of three components and the first component is the family development component which focuses on family systems, theories, interviewing and family assessments. The second component is community development which addresses community partnership and the third is an outcome based program planning component used as a family self sufficiency scales. This idea was brought to us in conjunction with the welfare reform program that is currently about to be implemented here in this state and the overall gist of the program was to take 100 families and to work with them with those three components that I mentioned earlier and to try to come up with recommendations that could be used by us as Legislators and lawmakers and policy makers throughout our communities and the rest of the state. And that pretty much sums up what the Bill does."

"On this question, are there any questions for the Sponsor? The Gentleman from Madison, Representative Bradford."

"Mr. Speaker, on the least Bill House Bill 581, I pressed 'yes' and it was not recorded. I would like to be recorded as a 'yes' vote on that Bill, please."

Speaker Granberg: "The record will so reflect. On the Gentleman's Motion, are there any questions? There being none, the Gentleman from Cook moves for the passage of 141  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 House Bill 496. All 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? The Clerk shall take the record. On this question there are 114 voting 'aye'; 0 voting 'nay', and 0 voting 'present'. House Bill 496 having received the Constitutional Majority, is hereby declared passed. House Bill 585. Mr. Clerk, read the Bill."

"House Bill 585, a Bill for an Act to amend the Illinois Income Tax Act. Third Reading of this Bill."

Speaker Granberg: "The Gentleman from Cook, Mr. Kubik. Representative Kubik. Is the Gentleman in the Chamber? All rise. The Gentleman from Cook, Representative Kubik."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 585, which I'm joined with by Representative Brunsvold, would eliminate the... would create a single sales factor for apportioning income for Illinois businesses. Under the current formula, payroll and property is included in factoring income for purposes of taxation in Illinois. What House Bill 585 would do is to create a single sales factor, the basic impact of that would be that it would not penalize instate businesses. And as a result, by making it a single sales factor, would make businesses in Illinois much more competitive. It would make it better for people in Illinois because it would make it more attractive for companies who don't do business in more than one state to locate in Illinois. This particular concept is now beginning to take hold in a number of other states, including Iowa and Missouri and they are now using a single sales factor. By doing this, I think we're doing two things. One, we're making Illinois businesses more competitive. Number two, we are leading 142  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the way because it is very obvious that what's happening throughout the country is that most states are going to move toward a single sales factor in the future. Therefore, we are moving ahead before they get to a single sales factor. So, it's somewhat of a preemptive strike, so to speak. Let me suggest to you that there have been some major concerns relating to the cost of this particular Bill. I would draw your attention to some studies which have been done on this issue by some people at the University of Chicago graduate school of business. And they believe that by going to a single sales factor, had we done this, had we switched to a single sales factor in 1997, in our estimation switching to a single sales factor in 1997 will have a long run impact of creating additional 285 thousand jobs in Illinois, 155 of those jobs being high wage manufacturing jobs. The new jobs will have a positive effect on the state's fiscal health creating an additional $200 million of additional tax revenue each year. Ladies and Gentlemen, I think this is an important Bill, we ought to move Illinois ahead. Let it be a leader in tax policy. Let it be a leader in economic development and I would be happy to respond to any questions. Would appreciate your support of House Bill 585."

Speaker Granberg: "On that question, the Lady from Cook, Representative Currie."

"Thank you, Speaker and Members of the House. I rise in opposition to House Bill 585. I think it is built on questionable economic theory. I think it is untimely. I know that it is opposed by organized labor in this state and I think that we cannot afford today to take at last 30 and possibly $150 million from the state treasury. First, the issue of economic theory, the proponents tell us that 143  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 if we pass this Bill, if we go 100% to the sales factor, we will improve the business climate in Illinois. I would remind the Members of the House that we double weighted the sales tax factor in 1984, since that time we have not increased manufacturing jobs, in fact, we have lost manufacturing jobs and I'm not convinced that the economic theory behind this proposal is one that will lead to an improved economy. I am sure, however, that this Bill will result in revenue lost to the State of Illinois. Now most of us when we were elected last November, talked about how important school funding is for the children of our state. Most of us said, the state should do a better job at making sure that there are adequate dollars for property tax poor school districts. This proposal is not revenue neutral. This proposal takes at least 30 and possibly $150 million out of the bank before we begin considering the question. How are we going to help those tax poor districts come up an adequate foundation level? I think it is not timely, Speaker and Members of this House, to turn over this kind of cash to the manufacturing community in Illinois. If they were prepared to back their economic theory with a revenue neutral proposal, I would be more than happy to give them a helping hand. But I don't think we can afford to sell out our school children to the business community, particularly not at this point in a Session in which school funding was our major responsibility. I join our friends in the AFL-CIO and the organized labor community in opposing this measure and I would urge, if for no other reason than for timeliness, a 'present' if not a 'no' vote."

"The Gentleman from Rock Island, Representative Brunsvold." 144  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill passed out of the Senate with 44 votes. The Senate saw the wisdom in this Bill and the jobs and the location of business being enticed to come to this state and locate in this state so that we can, in fact, have more jobs, create more of revenue base for this state and to make it advantageous for our businesses, the big businesses across this nation to come and locate in Illinois. And I think it's a good Bill. A Bill that, yes, it will cost a little money up front but in the long run I think this is the way we ought to go. This is the kind of Bill that we need to entice the business community to locate in Illinois and say, this is a good place to do business. I stand in strong support of House Bill 585 and ask for your 'yes' vote."

"The Gentleman from Cook, Representative Dart."

"Thank you. Will the Sponsor yield?"

"He indicates he will. Proceed."

"Representative, how many corporations that file in Illinois pay taxes right now. What's the percentage?"

"Representative, I do not have that information at my fingertips."

"My understanding, from being on the Revenue Committee, is that only 28% of the corporations filing in Illinois pay any income tax at all because of the exemptions that we have caught to date. The other question that I was going to ask you as well is, is there any provisions in this Bill right now that would prohibit a company from basically playing games with our tax system, a shell game where they would move their sales out of state and thereby avoiding paying any income tax in this state at all? So that they have their principal business here but they move their 145  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 sales operation outside of our state and then obviously, with the one factor it wouldn't apply to them. They wouldn't have any tax. Is there anything that would prohibit that in this Bill?"

"Representative, I'm not sure that I totally understand your question. What I would suggest to you is that the way that we presently tax, it is a disincentive to have operations in the State of Illinois because based on having a payroll and property taxes, those are factored into the amount that you pay in income taxes. So, by eliminating those factors it would seem to me that it would be more advantageous for companies to move into Illinois because they would not have the weighting of property and payroll in paying taxes. So, it should bring jobs to Illinois, as opposed to out."

"It should but I guess my concern is, maybe you can answer this question. If Iowa has had a single sales factor since 1920, why are they not this booming economy, this magnet for jobs throughout the Midwest?"

"Well, obviously Representative, there are other factors involved."

"Certainly."

"There are other factors involved."

"That's my point."

"But I would suggest to you that some of the other states, like Missouri, have now graduated to this idea and they are now looking at doing it. And I think they are doing it because they recognize that, that this is a good thing to do. I might point out that the business community in Illinois is split on this issue. Those that have operations outside of the state probably don't like this idea because they will be paying the same amount as those 146  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 instate. So, the community is split. But the point is, I think that by eliminating these two items we will bring more people, more jobs, more companies. It will be a greater incentive to come into Illinois. It will create a greater job growth and I might point out the study that was done on this issue comes from the University of Chicago which was a... the previous speaker I know thinks very highly of the University of Chicago, maybe not every faculty member, but I depend on the University of Chicago for much of my economic forecasting. So, I would ask her to consider that before she votes."

"I guess... my concern is that that was brought up earlier. I voted on this in committee and I agreed to get it out on the Floor so that people could have an opportunity to vote on it. Because obviously, it is something where there is some philosophical concerns that people have in regards to this. My concern is not only that the revenue hit that you have but I'm very concerned with... the way that I look at the Bill, there is no language at all that would prohibit a corporation from taking their sales activities and moving it across the boarder to Iowa and thereby, completely avoiding paying any taxes in this state whatsoever. When you start from the premise that you have only 28% of them paying taxes right now. And therein lies my concern. As I said I read the Bill and I don't see anything. Is there something in there that would prohibit that?"

"Well, Representative, they can do that now. They can move to Iowa... and they could move to Missouri."

"But they'd be taxed... But they could not move their sales..."

"And lower their other tax Bill."

"They can move their whole operation there by having 147  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 physical bodies, a plant in this state and then moving their sales out of state they avoid all taxes. Under present law they don't. Under present law they would not and that's my concern. Under present law they could not pull that off, and I'm looking for that and I don't see that. As I said, Representative, one final question. Jack, do you know why the City of Chicago is opposed to this one?"

"I'm sorry, Representative."

"I was just wondering, as far as... do you know the opposition from the City of Chicago, what that's based on? Just in the revenue loss probably?"

"They have not made their intentions known to me."

"Okay. As I say, Jack, I'm not going to be able to support this at this time because of my concern over the revenue loss and at the same time we're talking about trying to fund schools. My concern about them moving the sales to another area. It has some definite benefits, there is no two ways about that. But you combine that with the AFL-CIO is opposed to it, AFSCME is opposed to it and for those reasons I'm not going to be able to support this. Thank you."

Speaker Granberg: "The Lady from Cook, Schakowsky. Anything further? There being no further questions the Gentleman from Cook, moves for the passage of House Bill 585. All in favor shall vote 'aye'; opposed shall vote 'no'. 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 question there is 79 'aye' votes; 29 'no' votes; 6 voting 'present'. House Bill 585 having received the Constitutional Majority, is hereby declared passed. The Lady from DuPage, Representative Cowlishaw." 148  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Thank you, Mr. Speaker. The switches on my console here do not seem to be working quite right. I have to touch the green button several time before it will come on. Could you ask the electrician or someone to come and try to fix this? Thank you."

"He's on his way, Representative."

"Thank you."

"House Bill 448. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 448, a Bill for an Act to amend the School Code. Third Reading of this House Bill."

"The Gentleman from Effingham, Representative Hartke."

"Well, thank you very much, Mr. Speaker, Members of the House. This Bill amends the School Code by referring to the types of services that school social workers who hold a Type 73 school service personnel certification can do, and may provide. There's no cost to the State of Illinois. The Fiscal Note says that it may cost local units some money but it's really hard to determine what it would or how much. But it's not very costly to the local schools. So this piece of legislation is supported by the Illinois Education Association, the Illinois Social Workers Association, the Illinois Federation of Teachers and the Chicago Board of Education and others in the State of Illinois. I would entertain any questions."

"On that question, there being no one seeking recognition. The Gentleman from Effingham moves for passage of House Bill 448. All in favor shall vote 'aye'; opposed shall vote 'no'. 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 question, there are 82 'aye' votes; 32 'no' votes; 1 voting 149  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 'present'. House Bill 448 having received the Constitutional Majority, is hereby declared passed. House Bill 592, Mr. Clerk."

"House Bill 592, a Bill for an Act to amend the Criminal Code of 1961. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Logan, Representative Turner." Turner, J.: "Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill increases the minimum term of imprisonment for the commission of armed robbery while armed with a Category I weapon from six years to 15 years. It further provides that an armed robber using a Category II weapon is a Class X Felony for which the person could be sentence to a minimum of 10 years. I'll be glad to answer any questions."

"The Gentleman from Logan moves for the passage of House Bill 592. On that question, the Gentleman from Cook, Representative Dart."

"Thank you. Will the Sponsor yield?"

"Indicate he will. Proceed."

"John, what's the impetus behind this? Is there a particular case where there was some oddball sentenced by a judge or something?" Turner, J.: "Yeah, Tom. Supreme Court ruled that because certain elements of armed violence and armed robbery were exactly the same but the sentences were disparate that the Legislature needed to change the statute and, in fact, mentioned in its opinion and invited the Legislature to do so."

"John, what is the name of the case, do you have that?" Turner, J.: "I'm sorry, Tom, I don't have it in my notes. I've got it in my office... hold it, yes I do. It's ___________ ,People v. 150  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Lewis. I do not have the citation, however." _____

"Has the Department of Corrections come out on this one way or the other?" Turner, J.: "I don't know whether the department has a position on it. I know that they did a Fiscal Impact Note and had indicated a fiscal impact of $180 million, it looks like to me if I'm reading this correctly. I can't say, Representative Dart, whether or not they have taken the position in favor or in opposition, however."

"Okay... thanks, John."

Speaker Granberg: "Anything further? No one's seeking recognition, the Gentleman from Logan, moves for the passage of House Bill 592. All in favor shall vote 'aye'; all opposed shall vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Fritchey. Have all voted who wish? Mr. Clerk, take the record. Representative Hartke, indicates to be voted 'aye'. Take the record, 101 voting 'yes'; 10 voting 'no', 3 voting 'present'. House Bill 592 having received the Constitutional Majority, is hereby declared passed. House Bill 599, Mr. Clerk."

"House Bill 599, a Bill for an Act concerning Occupation and Use Taxes. Third Reading of that House Bill."

"The Lady from Lake, Representative Moore." Moore, A.: "Would you take that Bill out of the record, please, Mr. Speaker."

Speaker Granberg: "Out of the record. House Bill 604, the Gentleman from Vermilion, Representative Black. Do you wish to have that Bill called now, Representative? Read the Bill, Mr. Clerk."

"House Bill 604, a Bill for an Act concerning 151  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 community food gardens. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This Bill was brought to my attention by the Illinois Community Action Agencies Association. It's modeled after a program in San Francisco that is working extremely well. Far beyond what anybody thought it might. It is in response to welfare reform by working in a community garden, welfare recipients will be able to meet the 20 hour work requirement as mandated by the new Federal Welfare Reform. As amended it says, the Community Nutrition Task Force shall make recommendations to CMS concerning underutilized state property that might be used for these community gardens. I know of no opposition of the Bill. I would be glad to answer any questions."

Speaker Granberg: "On that question, no one seeking recognition. The Gentleman from Vermilion moves for the passage of House Bill 604. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question, there are 115 voting 'aye'; 0 voting 'no'; 0 voting 'present'. House Bill 604 having received a Constitutional Majority... Constitutional required Majority, is hereby declared passed. House Bill 627. Mr. Clerk."

Clerk Rossi: "House Bill 627, a Bill for an Act to amend the Illinois Insurance Code. Third Reading of this House Bill."

"The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Some background is necessary to understand this Bill. In 152  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the 1980's, two Illinois organizations purchased several hundred individual annuities for pension participants. The individual annuities were fully covered by the guarantee law, then in effect in the State of Illinois. The insurer, in order to save some administrative cost, so that their members would not have to bear that burden combined and consolidated several contracts together. The insurer, at that time assured the organizations that the individual account balances would be maintained and that the guarantee association coverage would not be impaired by the consolidation and, in fact, at that time under the law it would not have been. A 1990 Amendment to the Guarantee Association Law redefined these kinds of contracts. And accordingly by operation of law these contracts are excluded. Then in 1992, the insurer was placed in liquidation. If the insurer had not consolidated these together in 1988, which was perfectly legal at the time, when the insurance company went belly-up and was liquidated there would have been coverage under the Guarantee Law. But because of the change in the statute in 1990, the coverage was excluded. This clearly, was not the intent of the law and accordingly this Bill would restore the coverage. We're talking about working men and women here. We're talking about members of unions. We're talking about people whose pension benefits and annuity benefits disappeared because of the unanticipated change in the law by the General Assembly. That could not have been what the General Assembly anticipated or desired. I'm sure at the time we passed that law in 1990, none of us desired to take away these annuity benefits from these participants. This Bill would merely restore that. I think it's appropriate that we not delete or take away pension or annuity benefits 153  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 from people who have clearly earned them and I urge your 'aye' votes."

"On that question, the Gentleman from Cook, Representative Parke."

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

"Indicates he will. Proceed."

"Thank you. Representative Lang, is this company functioning and operating in Illinois?"

"Well, as I understand it, Mr. Parke, the insurer was placed in liquidation in 1992."

"And where did they... where is the insurance company domiciled now that supposedly has this annuity?"

"I'm not sure I know the answer to your question. But I think you do, why don't you tell us."

"Wouldn't it be in Arizona?"

"It might very well be in the State of Arizona."

"And why is a guaranteed fund established in the first place, Representative?"

"The guarantee, well I think you know the answer to that question. You didn't intend to make this a cross-examination, did you? Why don't you tell us what the purpose of the guaranteed fund was?"

"Well, Representative I thought, you know, since the last year and the year before that you were so prolific with so many questions, I thought it would only be fair to ask you questions. So, why don't you just deal with the issue that I'm bringing before the General Assembly and answer the question? If you don't know the answer, say so."

"I'd be happy to answer your questions, Sir."

"Thank you."

"The guaranteed fund was to protect annuitants and participants in case the insurance company went belly-up as 154  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 they did in this case."

"That's right. Insurance companies in Illinois. Here we have an insurance company in Arizona. Now, my understanding... to the Bill. My understanding that this is going to cost Illinois, the guaranteed fund about $16 million. Ladies and Gentlemen, I understand what the Sponsor is trying to do, but the fact of the matter is, this is in litigation right now in the courts. And I don't think it's necessary for us to put this Bill on the Floor. Wait until it's resolved in courts, that's what courts are for. Not for us to retroactively go back and change a law that has now being litigated. I don't think that's fair. I remember a couple years ago the same colleague arguing against that before. Ladies and Gentlemen this is inappropriate, it's not necessary. It's going to be costly for the guaranteed fund of Illinois. And it is not our fault or the taxpayers or the policyholders of Illinois policies, that means you and I and all your associates, to take the blame for a company that decides to go to Arizona to take care of whatever advantages they felt they had to have. This is an inappropriate Bill and I would ask the Body to vote 'no' on it."

Speaker Granberg: "Anything further? There being no further questions, the Gentleman from Cook, moves for the passage of House Bill 627. On that question all in favor shall... The Gentleman from Cook, Representative Lang, would like to close."

"Thank you very much, Mr. Speaker. All the discussion about Arizona, Ladies and Gentlemen, is a red herring. The fact is, that the guaranteed fund existed. The guaranteed fund covered these people. These are annuitants, these are working men and women. These are people that earned this 155  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 coverage, they were covered by this coverage. If the insurance company had not consolidated those policies, which they only did for administrative purposes, when they went belly-up, these funds would have been taken care of by the guaranteed fund. They would have gotten their money. And surely, we do not intend for these annuitants, these working men and women who have put their money in there... in these insurance polices, in these annuities to lose their coverage simply because the insurance company did something that at the time was perfectly legal. So let's protect these working men and women. Let's leave out the red herrings about Arizona. Let's leave out the red herrings about where this company is from. The fact is, these people were covered and should be covered today and this Bill will bring us toward a position where we can look these people in the eye and say, we didn't steal your annuities from you, your hard earned annuities. Please vote 'yes'."

"The Gentleman moves for the passage of House Bill 627. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question, there are 73 'ayes' votes'; 39 'no' votes, 0 voting 'present'. House Bill 627, having received the Constitutional Majority, is hereby declared passed. House Bill 618. Mr. Clerk."

"House Bill 618, a Bill for an Act to amend the Unified Code of Corrections. Third Reading of this House Bill."

"The Gentleman from Kendall, Representative Cross."

"Thank you, Mr. Speaker. I'd just like to point out for 156  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the record the Cosponsors on this Bill, I think that alone speaks for the strength of this Bill and I'd would appreciate a 'yes' vote. Actually, 618 is a fairly simple Bill, one that was suggested to me by some of the judges in the 16th Circuit where I happen to live and the area that I represent. Not since, I believe, 1964 when the Criminal Code was reworked and some substance were... have the fines been increased and this Bill simply increases the fines the judges can levy in criminal cases for a petty offense it would go from $500 to $1000 for Class B or C Misdemeanor, $500 to $1500 for Class A Misdemeanor $1000 to $2500 and for felony cases $10 thousand to $25 thousand. It passed out of committee 15 to 0 to 0. I don't know of any opposition. It keeps us in line with inflation, and I would appreciate a 'yes' vote."

Speaker Granberg: "On that question, the Gentleman from Kendall moves for the passage of House Bill 618. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question, 113 'aye'; 1 voting 'no', 0 voting 'present'. House Bill 618 having received the Constitutional Majority, is hereby declared passed. The Gentleman from Peoria, Representative Leitch, for what purpose do you rise? House Bill 643, Mr. Clerk."

"House Bill 643, a Bill for an Act concerning access to emergency medical services. Third Reading of this House Bill."

"The Lady from Cook, Representative Krause."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I present House Bill 643, which creates the Access to Emergency Services Act. Very briefly, this legislation 157  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 provides that health plans must provide coverage for emergency room. It prohibits these plans from requiring pre-authorization. In addition it prohibits the plan from denying coverage solely on the basis that the emergency 911 number was used and in addition it provides that a prior authorization is required for post-emergency services, there must be a 24-hour access available and if they are unable to... get the access and the provider attempts to do so, then it is deemed to have been denied if they cannot reach them within 30 minutes. Also there is a definition now of emergency services and it does use the standards that would lead a reasonably prudent person to believe that the... there is a need for an urgent or unscheduled medical care is required, that would be the standard then to be used for emergency room access. I would be pleased to answer any questions on the Bill and ask for the support of the House."

"The Lady moves for the passage of House Bill 643. On that question, the Lady from Cook, Representative Schakowsky."

"Thank you, Mr. Speaker. I rise in support of House Bill 643. In committee we heard really compelling testimony from emergency room doctors who talked about people who were denied the insurance coverage after they had sought emergency care and so when they felt that when they were in an emergency situation the next time they actually didn't seek that care and ending up dying of a heart attack. A couple of cases where mentioned. This would allow what any reasonable person would think is an emergency situation to be able to access an emergency room. It only makes common sense. I think this Bill will save lives and I would urge its passage." 158  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"The Gentleman from Vermilion, Representative Black."

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

"Indicates she will. Proceed."

"Representative, I'm currently covered under a plan that requires that I have a co-payment anytime I use the emergency room. Would your Bill eliminate such a co-payment?"

"Yes, it does."

"Why would you want to do that?"

"I think the basis is again of being sure that people would have access to emergency room. As you listen to the testimony and basis for it, this is looked upon as something, that I again, I think overall would save money for an insurance company. It uses the reasonably prudent standard view that I think now is being established and it would... it does not provide for, I do not believe for unnecessary use because of the standards that would be used."

"Representative, was there a Fiscal Note on the Bill?"

"There was a Note, there was a Note filed by the Department of Insurance that said that it would cost them $200 thousand."

"I'm looking at a Fiscal Note prepared by the Central Management Services that indicates that those people covered by an HMO and some of us in this Chamber are, that this Bill if passed and signed into law would result in about a 2 1/2% increase in HMO costs which would equate to somewhere between $4 and 6 million."

"Let me respond to that because there's always two sides of a ledger and in all of these Fiscal Notes and on all of 159  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the legislation. I think the other side of the ledger that it is important to look at is, in fact, that if people will go to the emergency room, in fact, I believe the cost that would be saved would exceed what is estimated in that Fiscal Note. If people hesitate to go the emergency room, the cost then of their care can be much more severe if they delay because they feel that they should not be there."

"Is it your understanding this Bill does not apply to self-insured programs as regulated by the Federal Government?"

"Correct."

"So, it has no impact on a self-insured plan is that correct?"

"No, I do believe though, that the Federal Government is also looking into this and I hope that there will be action on that level. But as this time, no."

"What in the Bill addresses the concern that most people have? I may get to the emergency room and I don't mind the co-payment. What guarantee do I have when I get to the emergency room that my condition will be adjudicated as more critical than the other 10 people there? The Bill does nothing to guarantee that I'm going to get any quicker treatment does it? I may still lay there and die of a heart attack, as the previous speaker said I wouldn't. But there's no guarantee that I won't, in a triage situation, be adjudicated as not the most critically ill patient. This Bill doesn't do anything to address that does it?"

"This Bill does not get into the area. It gets into the area of the pre-authorization where through the testimony in hearings that we've had has been the major concern. This legislation primarily addresses the issue that 160  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 pre-authorization is not required by using the so-called, reasonably prudent standard."

"Okay. Thank you, Representative. Mr. Speaker, Ladies and Gentlemen of the House, to the Bill. Again, they're very few of us in this Chamber that are members of managed care programs. I happened to be one of those. The lack of institutional memory here is a concern of mine. It wasn't very many years ago that we were wrestling with a situation that was literally bankrupting the State of Illinois and that being Medicaid costs. And one of the things, four or five years ago that was most testified too, was that people on Medicaid who were using the emergency room as their family or primary care physician who were incurring tremendous costs and that we needed to do something to address that to discourage the use of an emergency room which should be just that. Emergency medical care and not use it as the family physician or the primary care waiting room. I understand when some of these things get on the track, they develop a weight of their own. I would simply submit that we are going to piecemeal the health insurance coverage of this state to the degree that we will be right back in the fiscal crisis that we were about five years ago, owing over $1 billion in unpaid Medicaid costs. If we persist in this by doing it, as other Bills that we will hear later in the week, piece body part by body part, or procedure by procedure then somebody is going to have to pay the bill. The main reason I got into a managed care program is that number one, I had confidence in my primary care provider. Number two, it was a cheaper premium to insure my wife and I. And what we're about to do is going to wipe out that cheaper premium. I don't mind the co-payment on the emergency room. It is still my decision 161  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 as to whether I think I need to go to the emergency room, but I do not need to go there for an earache, sore throat or an upset stomach. The emergency room is just that and I must, in all due respect to the Sponsor, stand in opposition to anything that says, oh, on the contrary go to the emergency room for whatever. No co-payment, no pre-authorization, no certification, et cetera. I am not prepared to pay that Bill in my premiums. So, I stand in opposition to the Bill."

"The Gentleman from McHenry, Representative Skinner."

"Mr. Speaker, may I ask the Sponsor some questions?"

"Proceed."

"Representative, as you know, I voted for this Bill in committee and after I walked out somebody walked up to me an said that... if someone who was allowed to go to the emergency room under this Bill could get virtually any medical care after that paid for automatically even if it were optional surgery. Is that true?"

"No, it provides that once there is stabilization then obviously comes the other party. It provides for the reasonably prudent standard. And I think that's important. To determine by the individual if they have an onset, an immediate onset of what they consider is an emergency. Upon going to the emergency room, they obviously then are determined by the emergency room physicians who are there as far as the nature of the emergency. Once they are stabilized that ends the situation at that point. In other words, it does not then go on into some other type of treatment, if that is your question."

"That is my question and perhaps the opponents of the Bill have misanalyzed according to the Sponsor's intention. 162  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 I'm also worried about the elimination of the deductible. It seems to me that a deductible is appropriate in the emergency room. You should not, well when you lower the price of something, you make it happen more often. Could you comment on that?"

"I think, you know, when we talk about emergency room and the former speaker was talking about people going, there are two situations with the emergency rooms. Those here under coverage and those that you are familiar with who have no coverage. They have no access and as you know, they use the emergency room a great deal. That has to be addressed by other type of legislation, hopefully this Session. Because you often hear about the use of an emergency room, by people who have no health insurance at all and no coverage. That is a separate issue."

"I think clearly that is a separate issue."

"That is."

"But why did you decide to have no deductible?"

"I think the basis is, is that I believe that the majority of people should be encouraged to go to an emergency room, when in fact, they have been affected by an emergency. And there should not be this hesitation of getting prior authorization or payment. This is a health issue. It's a medical necessity to get them there, to save their lives and to start getting that health care that is needed."

"I agree that..."

"And I think this is more of a situation than in other types of health care coverage."

"Well, I agree that they should not have to get prior authorization. What my question was, with regard to the deductible, Why... I mean, is it true that there can be no 163  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 deductible?"

"That is, as I recall that's in here."

"Thank you."

"The Lady from Cook, Representative Mulligan."

"Thank you, Mr. Speaker. I rise in support of this Bill. This Bill has nothing to do with what we do under Medicaid. It has to do with the regular plans that people are enrolled in. That sometimes now and by definition emergency is an emergency. For the most part you would check if it's on a weekend, you do not have access to your doctor. But a prudent person thinking they may have a heart attack or some life-threatening illness does not stop and call the doctor before they go to the emergency room or call the plan or some plans, particularly on weekends, you can not access them. It has nothing to do with how we've passed Medi-Plan Plus, and it has nothing to do with the fact that many plans now, if you have not called them will use a technicality not to pay at all. That's not fair if someone really thinks they're having a heart attack or they have a major problem that needs immediate attention and they cannot access someone at the other end of the line, say as on a weekend. I think this arises from a need where people have had this happen to them and the insurance company then says, oh, so sorry you didn't check with us, you will have to pay for this one yourself. That's not what we intend to do here. I think most people don't go to an emergency room if they don't have to. What Representative, one of the Representatives was speaking to was something that we're trying to change for people that aren't used to accessing health care and we are doing that in the way we're addressing Medicaid. But this Bill has nothing to do with that. This has to do with how plans 164  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 handle someone who reasonably thinks they're in a life-threatening situation and they walk into an emergency room and then later are denied because they did not get coverage or prior notice. So, I think that if we take a look at what happens in our families, what happens with our parents, what happens with the people that we love and care about who may feel that they may have a life-threatening experience going on and it is what a prudent person would think. I think we would all vote for this. It suddenly is amazing to a lot of people that you can walk in thinking you're having a heart attack and maybe two hours later they find out that you aren't and because you didn't get a prior approval, they are not going to cover any of this. I think that's the wrong thing. I don't think that we should be doing that here in Illinois and if it wasn't happening on a regular basis we wouldn't be trying to pass legislation like this."

Speaker Granberg: "Thank you. The Gentlemen from Cook, Representative Parke."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. I want to point out for the next couple of weeks, we're going to have a package of legislation similar to this. They're well intended Bills. The Bills are trying to solve a problem that is perceived by the Sponsors of the legislation. This particular Bill expands the definition of what is an emergency. That means if somebody has a cold or the flu or emphysema and it's not serious emphysema, they can come to the emergency room for treatment. That means that many, many people who may very well abuse the emergency room system which ought to be going to the clinic or their family doctors, will now be able to be reimbursed. The reason why this legislation was passed in the first 165  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 place is because we found, the citizens' of Illinois found, that there was an abuse of the emergency room. Truly ill people who needed emergency room care right away found that the emergency rooms were full of people in there for what it was not an emergency. Of course this was well intended. But let me point out to you Ladies and Gentlemen. Ladies and Gentlemen, those of you who are in HMO's or managed care systems this is going to increase the cost of doing business. Many of you, but many of the employees, more than 50% of the employees of the State of Illinois are in managed care programs now. I would like to point out that I am the Co-chair of the Economic Fiscal Commission. Two weeks ago we did a review and passed the increases for managed care in this state. The increase in this managed care system for the state employees was less than 3%. Less than 3%. That means you. All the state employees have a raise coming of less than 3%. That's phenomenal. It wasn't that long ago when we would have been thrilled to have a single digit increase in our health care costs. We're estimating that the cost of this, just this one Bill, not counting all the other package of Bills you're going to be seeing soon, will increase the cost of 2 and 3%. That's a direct relationship to passing this legislation. Regardless of what the Sponsors say, it's going to cost... increase the cost of doing business. It's logical that it's going to cost more. So those of you that are trying to be reasonable, trying to hold down the cost of doing business in this state, want the truly ill to be taken care of, but those who do not need to go to the emergency room ought to go to the clinics that are established by you through all the legislation in the course of the years or they ought to go their own family physicians if they don't 166  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 have them, I mean if they have one. This Bill well intended is not a good idea for the taxpayers and the citizens and the businesses of Illinois. If you take all these Bills that are on the Calendar and start adding up the cost of doing business in this state, you're going to find that we're going to start sending a very negative, a negative, image to the business community because of these kinds of Bills. Ladies and Gentlemen, as well intended as this Bill is, I ask you to vote 'no' on this Bill because it will cost more and not solve the problem that it's intended to solve."

"The Lady from Cook, Representative Flowers. Representative Flowers."

"Representative Krause, in reviewing House Bill 643, I'm trying to see where the co-payment has been eliminated. We know that it is not mentioned in the Bill. So maybe I'm... can you just help me, please?"

"Representative, I could stand corrected. My notes had indicated that it was, and I'm more than willing to take another look at the Bill but that is what my..."

"Representative Krause, I just want to make it very clear to the Members here that we do not read the Bill to eliminate co-payment in regards to emergency room services. What it talks about is a person getting prior authorization for post-stabilization with the time limit being within 30 minutes. Within 30 minutes."

"That's correct."

"And also in regards to emergency treatment. If there's a deductible, there's a deductible in regards to whatever the co-payment or your policy says. So, you've not changed anything there."

"Representative, I... as I said, I might stand corrected. 167  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 My notes had indicated it was but I could take another look at it on that issue."

"So, I would just like to say that I think this is a very good Bill and I would urge for the passage of House Bill 643. Thank you."

"Thank you, Representative. The Gentleman from McLean, Representative Brady."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I want to tell you a story recently. Recently, just in the last 48 hours, as a matter of fact. I've had over 6 calls in my office from individuals who told me that if we continue to persist in increasing the mandates on their insurance policies, they have been informed by their insurance companies that their premiums are going to go up 20%. If their premiums go up 20% they are going to suffer from lack of access to health insurance. Because they are not going to be able to afford health insurance and they're not going to be able to afford access to the medical community. We have got to wake up and realize we can't continue to keep passing body part by body part piece of legislation. Forcing people no longer to be able to afford health insurance. Driving them off insurance rolls into the Public Aid Rolls and away from health care. Let's wake up. Let's not look at the press pops. Let's come up with comprehensive plan but let's not drive those who are trying to provide their health insurance for themselves out of the market. As well-intentioned as this legislation is, we've got to realize it doesn't solve the problems. Please vote 'no'."

Speaker Granberg: "The Lady from Cook, Representative Krause to close."

"Thank you, Mr. Speaker. Let me just correct just a few 168  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 things one of the former speakers said, that this expands somehow, the use of emergency room to cover colds and whatever. It doesn't even address that issue. What it addresses are the abuses that are in the system, where our constituents cannot get through because if they do try to call for pre-authorization they cannot get through, the lines are busy and there is no way to reach to get it and that is where, in fact, the health care problems develop. Not only is this a well-intentioned Bill, it is a reasonable Bill to meet the needs of the health care of the constituents of Illinois and the time has truly come to put some balance into HMO's. This type of legislation does it. It is reasonable. I ask for your support and ask for a 'yes' vote."

"The Lady from Cook, Representative Krause moves for the passage of House Bill 643. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question there are 68 'aye' votes, 43 voting 'no', 4 voting 'present'. House Bill 643 having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, House Bill 653."

"House Bill 653, a Bill for an Act to amend the Child Care Act of 1969. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Sangamon, Representative Poe."

"Yes, Mr. Speaker, I had a community notification Bill here and what happened from an incident in my district where the DCFS had issued a license in 1992 to a child welfare agency, then in 1994 they reissued a license for child care institute. Well, this was a different type of children 169  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 that they had in that institute and we had three boys get out and get into some trouble. And what this Bill would do would be good community notification. Anytime DCFS changed the license, they would have to notify the community. So this would be good for everybody's community because they have these houses all over the State of Illinois, not only in my district. And this would help notify whenever a license was being changed in one of the houses. So, I would urge a 'yes' vote."

"The Gentleman moves for the passage of House Bill 653. On that question, the Gentleman from Cook, Representative Lang."

"Thank you. Will the Sponsor yield?"

"Indicate he will. Proceed."

"Representative, I think it's admirable that you want to make sure that residents of given communities know about changes or problems at their local child care facilities but I'm a little concerned about the Amendment you added, because I think it's a little too general. For instance, you want this notification when the home changes their range of care or their services offered. So, if they have a slight change in what they do, if they add a new service, do they have to publish?"

"If you look at your Amendment it... 'the Department shall establish by rule the matter of notification', so that would determined by rule."

"Show me where it says that, Sir."

"Page 2, line 14."

"Well, page 2, line 14, says that the department shall notify the public of the change in a newspaper, et cetera, et cetera. It doesn't say the department is going to set up rules to do this." 170  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Hold on a minute I'm going to make sure I've got the right Amendment."

"That's fine, we're here till ten, Sir."

"Okay, let me correct that. Changes in the services and persons served at licensed child care institutions, maternity centers, and group homes in a newspaper of general circulation."

"Well, that really didn't answer the question. So, I asked you if you expect the department to print in a newspaper every time a day care center adds a new service or deletes a service. In other words, if they have never been a place that serves lunch, if they decide to serve lunch, will the department have to publish this in a local newspaper?"

"If they change their license, in the situation we're talking to, in 1992 they had a child welfare agency, it was called. In 1994, they changed it to a child care institution. So, anytime they change their license, yes."

"Well, Sir, I'm going to tell you the same thing I said to Mr. Bergman earlier. I'm not trying to give you a hard time with your Bill. I support what you're trying to do, but your Bill doesn't do it. This doesn't say that the department has to notify the general public by newspaper publication when a provider changes its license. This says the department should notify when a child care institution, maternity center, or group home, that is licensed, undergoes any of these changes. It doesn't say if they are asking for a change in their license. If your Bill said that, I would support it, but that's not what your Bill says. So under the way this is drafted, if a group home or a day care center, or a maternity center decided to serve lunch or delete a lunch or decided they wanted to put in playground equipment where they didn't have it or 171  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 decided they were going to provide any kind of new service, they would have to call the department, the department would then have to publish in a local newspaper the fact that they were no longer serving lunch. Is that what you desire?"

"Now, let me explain the situation. We changed the license in our community, after that three boys got loose, one 17-year-old and two 15-year-olds, and currently they're being held on charge with aggravated sexual assault. Our aim is to try to correct things like this and so that there is notification. We had an uproar from our neighborhoods. We've met with the city council and DCFS has come up with this language to... they're satisfied that it would work."

"Mr. Poe, I'm going to try this one more time. I am not trying to defeat your Bill. I would like to support your Bill. Your Bill does not say what you want it to say."

"We're not talking about day care homes. We're talking about institutions."

"Sir, I'm going to read your Bill to you again and I would like you to listen to what your Bill says. You want this Bill to say that if someone wants to change their license, the department has to publish. That's what you said. That's not what the Bill says. The Bills says, that if any of these institutions undergoes a change where they add a service or subtract a service or change their range of care, the department then has to publish. That is not what you said. You said you want them to have to publish when they want to change their license. I support that. That's not what the Bill says. I'm not trying to make your life difficult. I'm not trying to stonewall you I'm trying to help you pass your Bill in the form that you want it in. 172  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 That's not what it says. I would suggest you take your Bill out of the record. Make the appropriate Amendment. When you put the appropriate Amendment on your Bill, I will support you and become a Cosponsor if you wish, when you make the change."

"This Bill passed unanimously out of the committee and DCFS was comfortable with this. It's also a Bill very similar, to this has also passed through the Senate and everybody understands what we're trying here to do is to create a community notification so that people and neighbors that are around these kind of houses have a better idea whenever a license is being changed or some services."

"Well, Mr. Poe, I understand what you're trying to do. I don't want to belabor it, but I really don't think you're listening to me. You're concerned about the general public knowing when there is a proposed change in a range of service that would change the license. That's not what your Bill says. Maybe Mr. Clark over there can shed some light on this for you. I'll make the same commitment I made to Mr. Bergman earlier. Fix the Bill and we'll vote for it."

"Where are you reading in where it says 'meals'?"

"I'm giving you 'meals' as an example. I'm just simply saying that Subsection C on page 2 does not refer to a change in a license. It refers to undergoing any of these changes. So that any difference in service, whether one was deleted, or one was added, would require the department to publish. This doesn't say anything about a change in a license. Mr. Clark, are you reading this? I'm finished. If you want to run the Bill the way it is, you go right ahead and run it. I think this Bill is flawed, I think you have not written in the Amendment what you want in the 173  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Amendment and you proceed any way you wish, Sir."

Speaker Granberg: "The Lady from Sangamon, Representative Klingler."

"Thank you, Mr. Speaker. I rise in support of the Bill and I think it's very important to understand the context in which this Bill was written. Whenever group homes seek licensing and zoning, it can be a very controversial issue and I certainly know that from my experience in the Springfield City Council. Whether the home be a foster home or be a home for developmentally disabled, it can be very difficult to obtain a license because, and a zoning, because neighbors can be very concerned. In this particular case, we had zoning and a license for a particular kind of home for children in the welfare system. That use was dramatically changed to youths that have been found to be... have sexual difficulties and dangerous, sexually dangerous teens. When that was changed you had people with this extremely dangerous background in the neighborhoods. They were released and caused problems and assaults on people in that area. The neighbors were outraged because what the youths that they had acquiesced to and were told of was significantly changed. Again, Representative Poe has worked with DCFS on wording to get this change through. I think this is important for everybody's community, so that if you know that your community is licensing a home for foster youths or a home for developmentally disabled that simply because that use has been given, it cannot then be changed for a problem of youths that are problems with the criminal justice system. And I urge all of you to support this Bill."

"The Gentleman from Sangamon, Representative Poe, to close." 174  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Yes, I would ask for your support. The intent of this legislation was worked with through the Department of DCFS and what we're trying to do, an incident happened in my district can happen in everyone of yours that whenever they change the type of child that they have in one of these group homes that the community is notified so that you don't have an incident where there is someone that allegedly rape case that's happened in your community. So I would urge you to vote 'yes'."

Speaker Granberg: "The Gentleman from Sangamon, moves for the passage of House Bill 653. All in favor shall vote 'aye'; all opposed shall vote 'no'. 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 question there are 114 'aye' votes, 0 voting 'no', 0 voting 'present'. House Bill 653, having received the Constitutional Majority, is hereby declared passed. The Chair intends to go back to Second Reading, we're going to, at the Members request, move Bills from Second to Third. So, back to the Order of Second Reading appears House Bill 744. Representative Ricca Slone, for what reason do you rise?"

"Thank you, Mr. Chairman. I didn't make it back in here in time to vote on the previous, Bill but I wish to be... to state that I would have wished to be recorded as voting 'aye'. Thank you."

"The record will reflect your intent to vote 'aye'. House Bill 744, read the Bill, Mr. Clerk."

"House Bill 744, a Bill for an Act to permit retired peace officers to carry concealed firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments." 175  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Third Reading. House Bill 164. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 164, a Bill for an Act concerning neglected or abused children. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 232."

Clerk Rossi: "House Bill 232, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 395."

"House Bill 395, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. No Committee... Amendment #1, was adopted in committee. No Motions filed. No Floor Amendments."

"Third Reading. House Bill 823."

"House Bill 823, a Bill for an Act concerning unbleached and non-chlorine bleached paper. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments."

"Third Reading. House Bill 1526."

"House Bill 1526, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 686."

"House Bill 686, a Bill for an Act to amend the Hypodermic Syringes and Needles Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments."

"Third Reading. House Bill 29." 176  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"House Bill 29, a Bill for an Act to amend the Personnel Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 43."

"House Bill 43, a Bill for an Act to amend the Public Utilities Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 46."

Clerk Rossi: "House Bill 46, a Bill for an Act to amend the Liquor Control Act of 1934. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 53."

"House Bill 53, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. (sic-House Bill) 61."

"House Bill 61, a Bill for an Act to amend the Code of Civil Procedures. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 63."

Clerk Rossi: "House Bill 63, a Bill for an Act to amend the Juvenile Court Act of 1987. Second Reading of this House Bill. Amendments 1 and 2, were adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 73."

"House Bill 73, a Bill for an Act to amend the Medical Practice Act of 1987. Second Reading of this House 177  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Schakowsky, has been approved for consideration."

"Representative Schakowsky."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is an Amendment that actually due to some technical problems we thought that was approved in committee when the Bill was heard and actually substantially changes the legislation and in response to a number of the objections that were raised. This Amendment patterns this Bill after what Massachusetts did in order to make information about doctors accessible to consumers through an 800 number. I would urge passage of this Amendment to get it into the shape that actually we thought it was when it passed out of committee and would appreciate if we could discuss it fully on Third Reading and adopt an Amendment that actually we thought we had adopted."

Speaker Granberg: "On the adoption of the Amendment. The Gentleman from Vermilion, Representative Black."

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

"She indicates she will. Proceed."

"Representative, in the general hubbub of things I may have missed it. Wasn't this Bill moved to Third Reading earlier today?"

"No, Sir."

"Are you sure?"

"My... no, I didn't move it to Third."

"Well, our records indicated that it had been moved to Third. But it's no problem, you can move it back to second at any time. I believe this is the Bill, when it got out of committee something went wrong with this process. My 178  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 records reflect that this Bill came out of committee as amended and then later it was determined that the Amendment had not been adopted, is that what happened?"

"That's exactly right."

"Well, that's unlike you, Representative. How in the world could that happen? It must have been staff. And the Amendment becomes the Bill or adds to the Bill."

"No, the Amendment adds to the Bill. It deletes a number of provisions that were in the other... in the original Bill and adds a number of sections to it."

"Okay. And I... from what I see the Amendment does add some standards to the Bill. I don't have any problems with the Amendment which is what we're on. But I would have an Inquiry of the Chair. Has the Amendment been printed and distributed, Mr. Speaker? Or is it on the electronic system?"

"The Clerk is checking, Mr. Black."

"Bless his little heart. And by the way, he's is not remembering to make the sound of the bell on occasion and I'm getting tired of mooing."

"It is on the system, Mr. Black. It is on the system. I know how often you use that system."

"It's remarkable, isn't it? So the Amendment is on the system? All right, if the Clerk can tell some of my Members how to access the Amendment I am sure we have no objection to the Amendment. I appreciate the indulgence of the Sponsor."

"Thank you. Anything further? The Lady moves for the adoption of the Amendment... Floor Amendment #2, to House Bill 73. All in favor shall say 'aye'; all opposed to say 'nay'. The Amendment is adopted. Third Reading. No Further Amendments?" 179  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"No further Amendments."

"Third Reading. House Bill 87."

Clerk Rossi: "House Bill 87, a Bill for an Act to amend the Liquor Control Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 89."

"House Bill 89, a Bill for an Act concerning institutional neglect and abuse. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 91."

Clerk Rossi: "House Bill 91, a Bill for an Act concerning services for children. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 94."

"House Bill 94, a Bill for an Act to amend the Illinois Solid Waste Management Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 99."

Clerk Rossi: "House Bill 99, a Bill for an Act to amend the Abused and Neglected Long Term Care Facility Residents Reporting Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 111."

Clerk Rossi: "House Bill 111, a Bill for an Act amend the Illinois Insurance Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 180  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Third Reading. House Bill 182."

"House Bill 182, a Bill for an Act amending the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Lang has been approved for consideration."

"The Gentleman from Cook, Representative Lang. Representative Lang. Floor Amendment #1."

"There's another Amendment coming, Mr. Speaker. I think we should take this out of the record."

"Out of the record. House Bill 188."

Clerk Rossi: "House Bill 188, a Bill for an Act concerning the availability of endocrinology services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 201."

Clerk Rossi: "House Bill 201, a Bill for an Act amending Intergovenmental Cooperation Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 253."

"House Bill 253, a Bill for an Act relating to educational choice in public schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 268."

"House Bill 268, a Bill for an Act to amend the Public Utilities Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 310."

Clerk Rossi: "House Bill 310, a Bill for an Act to amend the Unemployment Insurance Act. Second Reading of this House 181  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"House Bill 313. Third Reading. House Bill 313."

Clerk Rossi: "House Bill 313, a Bill for an Act to amend the Illinois Pension Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 314."

"House Bill 314, a Bill for an Act to amend the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 321."

Clerk Rossi: "House Bill 321, a Bill for an act to amend the Intergovernmental Cooperation Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 324."

"House Bill 324, a Bill for an Act concerning coal recovery. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 331."

Clerk Rossi: "House Bill 331, a Bill for an Act to amend the State Finance Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 347."

"House Bill 347, a Bill for an Act to amend the State Employees Group Insurance Act of 1971. Second Reading of this House Bill. Amendment #1, was adopted in 182  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 383."

Clerk Rossi: "House Bill 383, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Third Reading. House Bill 395. Third Reading. The Lady from Kane, Representative Lindner, for what reason do you rise?"

"Representative Granberg has a question to ask."

"Brunsvold has a question to ask. Mr. Speaker, are we going to vote on chicken or pizza this evening?"

"You aren't recognized for that purpose. House Bill 395. Third (Reading). House Bill 408. Out of the record. House Bill 409. Out of the record. House Bill 410."

"House Bill 410, a Bill for an Act amending the Alternative Health Care Delivery Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Out of the record. Hold the Bill on Second. House Bill 424."

Clerk Rossi: "House Bill 424, a Bill for an Act to amend the Rivers, Lakes, and Streams Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. Or Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 425."

"House Bill 425, a Bill for an Act concerning legal assistance. Second Reading of this House Bill. Amendment 183  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 427."

Clerk Rossi: "House Bill 427, a Bill for an Act to extend the Social Work Examining And Disciplinary Board Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

Speaker Granberg: "Mr. Clerk, out of the record. Hold that Bill on Second Reading. House Bill 442."

"House Bill 442, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 486."

Clerk Rossi: "House Bill 486, a Bill for an Act concerning competitive bidding of state bonds. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"The Gentleman from Kendall, Representative Cross, for what reason do you rise?"

"Thank you, Mr. Speaker. Apparently 425 moved to Third. I would appreciate if we could move it back to second. House Bill 425."

Speaker Granberg: "Mr. Clerk, what is the status of House Bill 425?"

"House Bill 425 is on the Order of Third Reading."

"Return it to Second."

"Thank you."

"House Bill 486."

Clerk Rossi: "House Bill 486 has been read a Second time previously. No Committee Amendments. No Floor Amendments. 184  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 No Motions filed."

"Third Reading. House Bill 494."

"House Bill 494, a Bill for an Act to amend the Illinois Human Rights Act. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. House Bill 498."

Clerk Rossi: "House Bill 498, a Bill for an Act to amend the Illinois Purchasing Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 442. (sic-House Bill) 442."

"House Bill 442..."

Speaker Granberg: "Representative Flowers, that Bill has already been moved to Third Reading. House Bill 505. (sic-House Bill) 505."

Clerk Rossi: "House Bill 505, a Bill for an Act to amend the Mental Health and Development Disabilities Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 513."

"House Bill 513, a Bill for an Act in relation to dies and molds. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Granberg: "Mr. Clerk, take that Bill out of the record. There is to be a Floor Amendment. Out of the record. House Bill 843."

Clerk Rossi: "House Bill 843, a Bill for an Act to create the Patient Access to Treatment Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. 185  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 No Motions filed."

"Third Reading. House Bill 1366."

Clerk Bolin: "House Bill 1366, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 153."

"House Bill 153, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1691."

Clerk Bolin: "House Bill 1691, a Bill for an Act to create the Commission on the Status of Women. Second Reading of this House Bill. Amendment #1, was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. To the Order of Third Reading, House Bill 674. Read the Bill, Mr. Clerk."

"House Bill 674, a Bill for an Act to amend the Animal Control Act. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker for getting the bell fixed on this Bill. I certainly appreciate you calling everybody's attention to this one. Ladies and Gentlemen of the House, House Bill 674 is something that I've worked on for four or five years. I think we finally have it in the shape that I'm not aware of any organized opposition. Up until about five years ago, animal control officers in the State of Illinois enforcing the Illinois Animal Control Act had police powers as it applied to that Act. In other words, they could serve a summons. They could also carry a 186  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 weapon. Now that was controversial and I believe it was then, Representative Monroe Flinn, who had a problem in his district and rather than just eliminate the firearms provision, which is what some counties were really upset about, he eliminated all of the police powers for animal control officers. This Bill gives that back but only permissive. It allows the county board of any county to authorize police powers to animal control officers if they want to do that. And the police powers can only be utilized in conjunction with enforcement of the Animal Control Act. Now at the same time if the county wants those officers to be armed, they can by county ordnance do that. It is not something that we mandating on anybody. I just simply would say that the American Society for the Prevention of Cruelty to Animals has been a strong proponent of this Bill and I would just simply quote two sentences from a letter that they have sent out, I think to all of you, as well as people around the state. Currently animal control officers in Illinois are responsible for picking up stray animals, bringing them to the local shelter or pound and enforcing the rabies inoculation requirement. Often times in the performance of their duties, animal control officers will encounter terrible cruelty to animals but are powerless to act. The investigation of cruelty cases and the power to issue summonses, make arrests and seized owned animals that have been horribly abused lies solely with the peace officer. And that is why they support this Bill because it would let those people... the animal control officers support the Animal Control Act. Would be glad to answer any questions you have."

"The Gentleman moves for the passage of House 187  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill 674. On that question the Gentleman from Kankakee, Representative Novak."

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

"Indicates he will. Proceed."

"Representative Black, can you give us a little information about... you said that this is a permissive Bill, correct?"

"Yes."

"Okay. So let's assume that Iroquois County wants that and I think I've read about some accounts in the newspapers down there. Let's assume Iroquois County wants to arm their animal control officers. What type of weapons are they allowed to carry and how much training will be required?"

"They would have to meet the full requirements of the Police Training Institute to carry a firearm. I think the Bill is silent as to the actual type of firearm. I assume and I hope I'm not assuming incorrectly, that this would be a sidearm and of course would be regulated by the county ordinance. But they do have to have the training, I think it's called the PTI training and firearms training and that would be paid for by the county if they authorized them to carry a sidearm."

"Okay, and what about when I mentioned weapons, would they be allowed under this Bill to carry tranquilizer guns or stun guns, or tasers or whatever they or however they're classified, so to incapacitate an animal rather than to kill it."

"Under the existing law they can carry and have access to tranquilizer guns. I do not believe that in the absence of any language in this Bill, I don't believe that they would be authorized to carry a stun gun or a Taser or anything of 188  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 that sort."

"Okay, thank you."

Speaker Granberg: "The Gentleman from Cook, Representative Fritchey."

"Thank you, Mr. Speaker. Representative Black, I've been thinking about it since you brought this Bill in committee. I figured it out. You're still bitter I got my Bill out. This is your way of going after the cats of this state. You want to arm these animal control officers so they can start shooting kittens out of trees. Accept that we got the Bill out and take it graciously. Don't be vindictive here against the poor cats of this state."

"Oh, Representative they would only be able to shoot a cat who was under the influence of ketamine, all right."

"Which thanks to our efforts it will now be a controlled substance."

"Absolutely. And thanks to you, I've noticed already in my neighborhood at night, I'd say we're down to two or three cats wandering the alleys, howling at night, obviously under the influence of ketamine. I stand corrected. I should never have opposed your Bill. It's done wonders in my neighborhood.'

"I appreciate it, Representative."

Speaker Granberg: "The Gentleman from Vermilion, moves for the passage of House Bill 674. All in favor shall vote 'aye'; all opposed vote 'no'. 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 question there are 103 voting 'aye'; 9 voting 'no', 1 voting 'present'. House Bill 674 having received the Constitutional Majority, is hereby declared passed. House Bill 680. Read the Bill, Mr. Clerk." 189  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"House Bill 680, a Bill for an Act relating to the Illinois Institute for Entrepreneurship Education. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from DeKalb, Representative Wirsing."

"Thank you, Mr. Speaker. House Bill 680 has two parts to it and the one part is transferring the, what is known as the Illinois Institute for Entrepreneurship in Education and that's transferring that from the Community College Board over to the Illinois State University. That's the one part of it. That's transferring of that educational program. The second part of it is an issue that's dealing with the higher education reform legislation and packages that we passed in the last two years. And this is kind of a cleanup aspect to it because what it does, it puts back into place the chairpersons of the Illinois Community College Board and the Illinois Student Assistance Commission which are members on the Illinois Board of Higher Education and in the past they always had the authority to if when either one of those board presidents could not attend IBHE meetings they could designate someone to take their place and have to all of the authority that they would have as serving on that board. So this part of the legislation just simply puts that back in place, puts those two board chairmanships or memberships on IBHE, gives them that authority. So when they aren't attending a meeting they can designate someone. And I would be willing to answer any questions regarding these two issues relative to House Bill 680."

"Thank you. For purposes of an announcements, if there is any Member that wishes to have their Bill brought back from Third Reading to Second Reading, please 190  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 submit the Bill number to the Clerk in the Well. If you do so by 8 o'clock we will attempt to move that Bill back this evening before we adjourn. So, if you would like to move a Bill back from Third Reading to second, please give that to the Clerk in the Well before 8 o'clock. If you have already submitted that Bill number to the Clerk you will not need to do that again. The Gentleman from... the Lady from Cook, Representative Monique Davis." Davis, M.: "Mr. Speaker, I submitted a request to move House Bill 838 from Third to Second to add an Amendment."

"Representative, we will do that. We're going to move Third Reading Bills first and before we adjourn this evening we'll move those Bills back to put them in the posture for passage." Davis, M.: "Thank you."

Speaker Granberg: "Thank you. The Gentleman moves for the House... for the passage of House Bill 680. On that question. There being no discussion, all in favor shall vote 'aye'; all opposed shall vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? On that question there are 115 voting 'aye'; 0 voting 'no', 0 voting 'present'. House Bill 680 having received the Constitutional Majority, is hereby declared passed. House Bill 688, Mr. Clerk."

"House Bill 688, a Bill for an Act to amend the Fire Protection District Act. Third Reading of this House Bill."

"The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This Bill was brought to me by some members of my district. The statute would not allow a fire 191  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 district to reduce the seven member board of trustees to three or five, so they have to come to us for legislation that says, by referendum they can reduce the seven member board of trustees to three or five depending on what the referendum says and how it is worded. It does provide transition procedures if the referendum is adopted. They're asking for this because, quiet frankly, in many rural areas of the state they can no longer find seven trustees who are willing to serve. So they are asking, if that be the case, by referendum they would be allowed to reduce the number of trustees to three or five depending on how the referendum is worded. I would be glad to answer any questions you have."

"The Gentleman moves for the passage of 688. On that question the Gentleman from Cook, Representative Lang."

"Thank you. Will the Gentleman yield?"

"He indicates that he will. Proceed."

"Representative, clearly if we're going to allow in the law the change to increase the board to seven. I understand why you might want to decrease it back to five, however, is there a mechanism in the Bill to allow the current board members who are elected to complete their terms?"

"Representative, I believe there is. I'm trying to find it because I knew that question would come up. It came up in committee and I have been assured by the reference bureau that, yes, it does provide for a transition period but I am not finding that actual language in the Bill. I'm going to hope that it is in there. I know the problems we got into at the University of Illinois."

"Right. And as you know there is a case called Tulley _________ v. _____ that directly deals Edgar with this issue. And we of 192  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 course, cannot take vested right away from an elected official. The electorate elects a person for a period of time. And that person should have a right to hold that seat until their terms ends. I think you agree with that. So, my understanding is that our staff had offered an Amendment to suggest this information and to deal with this problem, but that it is not currently not in your Bill. Would you either find for me the information I'm looking for in the Bill or take this out of the record until we can look into this further, Sir?"

"Sure. That's no problem. Because it's not my intent to... and it's certainly not fire district trustees' intent to abrogate anybody's term of office."

"I understand that, that's why I want to make sure your Bill does what it is suppose to do."

"Take this out of the record, if you would."

"Thank you."

"Thank you."

"Out of the record. House Bill 707. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 707, a Bill for an Act to amend the Public Utilities Act. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Cook, Representative Kubik."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What House Bill 707 does is to amend the Public Utilities Act to allow telecommunication carriers to offer special interactive video learning tariff for the use of certain public libraries and library systems. Under the current law these special tariffs are offered to school districts and colleges and other institutions of learning. What this Bill would do would be allow libraries access to 193  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the Internet at special rates. I know of no opposition to the Bill. That's essentially what the Bill does. I would be happy to respond to questions that you might have and would appreciate your support of House Bill 707."

"The Gentleman moves for the passage of House Bill 707. On that question, is there any discussion? The Gentleman from Cook, Representative Lang."

"Thank you. Will the Gentleman yield?"

"He indicates will. Proceed."

"Representative, if I understand your Bill correctly you're trying to make interactive video learning services available to libraries more cheaply, is that correct?"

"Correct, Representative."

"But you are not, requiring that it be cheaper, you're just making it permissive. Is that also correct?"

"That's correct, Representative. The telecommunications companies will be allowed to provide a special tariff for this purpose. But we're not requiring it."

"Under the current law under the current law of the Federal Communications Commission they are not allowed to do this if they wish too? We have to make this change in the law in Illinois?"

"Yes. My understanding is also, Representative, that the Federal Government is looking at changing the law as well to allow for this to be done."

"Representative, I support your Bill. Thank you very much."

Speaker Granberg: "Thank you. Anything further? The Gentleman from Cook moves for the passage of House Bill 707. All in favor shall vote 'aye'; all opposed shall vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the 194  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 record. On this question, there are 115 voting 'aye'; 0 voting 'no', 0 voting 'present'. House Bill 707 having received a Constitutional Majority, is hereby declared passed. House Bill 720. Out of the record. House Bill 763, Representative Turner. Read the Bill, Mr. Clerk. Representative John Turner."

Clerk Bolin: "House Bill 763, a Bill for an Act to amend Unified Code of Corrections. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Logan, Representative Turner." Turner, J.: "Thank you, Mr. Speaker, Ladies and Gentleman. This Bill permits the Department of Corrections to charge fees to persons who are released on parole, or mandatory supervised release. Would be glad to answer any questions."

"The Gentleman moves for the passage of House Bill 763. On that question the Gentleman from Cook, Representative Lang."

"Could I... will the Sponsor yield?"

"He indicates that he will. Proceed."

"Representative, could I ask you to tell us again what this Bill does in a way that we can hear and understand?" Turner, J.: "You bet ya."

"Well, could you do that then?" Turner, J.: "Sure, Representative."

"Thank you so much." Turner, J.: "Sure, Representative, the last time I asked you a question on the Floor you wouldn't answer my question but I'll do my best to answer yours. What this piece of legislation does is allow the Department of Corrections to charge fees to persons released on parole or were released on what is called mandatory supervised release." 195  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"So, who would get the power to charge for probation services?" Turner, J.: "This Bill does not apply to probation, Representative Lang."

"Well, who would have the power to enter into contracts regarding probation? This doesn't deal with probation at all?" Turner, J.: "No, it originally did, but it was... probation was taken out on the Amendment which was passed out of committee."

"What accountability do we have as a state or does the Department of Corrections have over the private companies that are hired to keep in telephone contact or maintain records on parolees?" Turner, J.: "I'm sorry, Representative Lang, I didn't hear your question. What kind of..."

"Well, if we're going to hire private companies to keep tabs on these parolees, we want to make sure those private companies don't have gang infiltration. We want to make sure they apply to a certain... adhere to a certain code of ethics. We want to make sure there is no revolving door. There is a lot of things we want to do. Is there anything in the Bill to insure that these private companies will be above reproach?" Turner, J.: "The Bill does not address that Representative, but I guess you'd just have to take it as a matter of practicality with regard to any person, entity or corporation or business or whatever it is that the state may do business with. Whoever from the state who is making that choice, I would have to assume and certainly hope, they would look into whether or not the individual or entity is credible." 196  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Representative, I have to tell you I didn't hear or understand a word you just said, but let's go beyond that. I just ignore what you said or didn't say." Turner, J.: "I hope it was that you just couldn't hear me and not that you couldn't understand me."

"Do I understand that you said that we're going to hire these private companies and you hope that DOC will do the right thing and investigate their background but there is no requirement that they do that?" Turner, J.: "No, I didn't say that. I don't know why you're trying to put words in my mouth. In fact..."

"Do you have a microphone over there anywhere, Sir? I can't hear you." Turner, J.: "Representative Lang, I'm talking as loud as I can. How's that?"

"Much better. That's great. That is great." Turner, J.: "I didn't hear your question."

"I thought I heard you use the word 'hope' in your answer to my previous question after you said..." Turner, J.: "I hope I don't have to answer the same question again."

"But you didn't answer it. So, you said that you hoped that the Department of Corrections when they enter into these private contracts will... will look into the background of these private companies." Turner, J.: "No, I didn't say that, you said that."

"All right, so what did you say?" Turner, J.: "I say, first of all that the Bill does not require the department to hire private companies. It simply allows that."

"It allows..." Turner, J.: "I further said, that when a state entity or agency 197  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 is allowed to do business with individuals or entities it will be up to that state agency to make certain that the entity or corporation or business with whom they do business, is credible."

"Does the Department of Corrections have to adhere to the competitive bidding requirements or Procurement Code or any other laws of the State of Illinois as they enter into these private contracts?" Turner, J.: "If they are applicable, yes."

"Well, the question is Representative, are they applicable?" Turner, J.: "I had not followed that Representative Lang, it's my opinion that they are, however."

"They are, Sir? They are applicable." Turner, J.: "I said that is my opinion. I can't state that unequivocally. I don't want to mislead you."

"Well, if they are applicable, should not the Bill say that the rules, regulations, laws, and statutes of the State of Illinois relative to competitive bidding for services and contractual relationships with the state be adhered to?" Turner, J.: "No, if they are applicable that obviously by the word, would apply anyway."

"Obvious. You used the word 'hope' in the previous paragraph and 'obvious' in this paragraph." Turner, J.: "You used the word 'hope', I think Representative."

"I may have another question. Bear with me, Sir. All right, on a more serious note. On a more serious note, today we have parolees who report in person. Is it good public policy, and can you tell us why it's good public policy, to allow parolees to report by telephone?" Turner, J.: "It is good public policy to have parolees report in person. Unfortunately, it is impossible, obviously, to 198  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 require that in every single case, and that is because we simply don't have enough parole officers. So, if it cannot always be achievable in terms of having a reporting requirement on an individual basis, certainly the phone or some other type of reporting as a substitute in cases where it can't be done in every single instance would be preferable and therefore, good policy."

"Well, let's take that argument one step further. If we cannot have them report in person in every case, would it not be a better approach to take the Class X type people or Class IV Felons, the murderers, the rapists, the kidnappers, who may be out of parole, and make them report in person and take the people farther down the line and let them report by telephone?" Turner, J.: "Representative Lang, I think you're getting beyond the parameters and scope of my legislation."

"Well, I don't understand how, Sir. You're going to allow the Department of Corrections to allow parolees to report by telephone. You've indicated that it's not the world's greatest public policy to do that because they should all appear in-person, but you've said that there are certain contingencies and problems that the state has in hiring the necessary people, getting people in, doing all that work. If it is the case that the better public policy would be, in person visits by the parolees, then would it not also be good public policy, if we have to allow some parolees to report by phone, to separate it by type of crime and by severity of crime?" Turner, J.: "Representative, my Bill says that the department is allowed to charge fees to persons released on parole, probation or mandatory supervised release. The request from you to express my opinion on something that my Bill 199  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 does not address, is something that I don't choose to do at this time."

"Well, am I mistaken, does your Bill not deal with the issue of parolees reporting by calling in?" Turner, J.: "It could. It doesn't say that parolees are going to be calling in. It certainly could be part of the Bill. The Bill is very simple and as I have read it to you a couple of times it doesn't necessary indicate that. But I think it's reasonable to assume that that will happen in some instances, as I have already indicated."

"But if it does happen in some cases, Representative, or if it's going to happen in some cases and you by your own admission say that, it's better public policy not to do that and to have people appear in person rather than having all the calls be a cross section some people are murders, some people are rapists, some people are breakers and enterers, some people are trespassers. Shouldn't we have the less violent people be the people who call in and the more violent people be the people that are forced to come in person? And would your Bill not be a better Bill if we did that?" Turner, J.: "My Bill does not address that, Representative, as I have already indicated. It could be the department is already doing what you're suggesting. I don't know, we could ask them."

"Well, thank you for your answers. Ladies and Gentlemen to the Bill. I'm going to be reluctantly opposed to this Bill because it's not clear on this issue. The Gentleman says, that good public policy, better public policy, would require that all parolees come in personally and look the parole officer eye to eye. That being the case, he says, well we can't do that anymore because it doesn't work out, 200  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 we can't afford it, we can't get all the people in. So let's let some people do it by phone. I say, great idea. Let's let some people do it by phone, but if we're going to do that, why don't we restrict the people who are going to do it by phone to the non-violent criminals? This Bill doesn't do that, instead we're going to get a cross section. There will be murderers, rapists, and kidnappers who conceivably would not have to appear in front of a parole officer face to face. This is not good public policy by the Sponsor's own admission. I would recommend 'no' votes."

Speaker Granberg: "The Gentleman from Vermilion, Representative Black."

"Yes, Mr. Speaker, in all due respect to the Chair. I have Inquiry of the Chair. The Gentleman from Skokie is obviously having a flashback to last Session where he is pontificating and delaying the business of this Chamber, that he did so effectively for two years. He doesn't have to do that anymore. And if you could have somebody on your side of the aisle remind him of that, give him some medication and a cold drink of water, we can get on with the business of the House."

"Thank you, Representative. I think he learned from you from three years ago. The Gentleman from Bureau, Representative Mautino."

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

"He indicates he will. Proceed."

"A few questions that I have. We had... over here, John. We had Corrections today at the Appropriation Committee, and we also had one of the parole agents who addressed the committee. Now, currently we've got 119 parole agents, managing a caseload of 30 thousand. And 201  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 it's a system, which does not work, and especially, with the most violent offenders not really being tracked. I guess their's a concern in using a call-up system which has been instituted since we took out the parole officers in 1991, has not had the effect that I think the Department is looking at. We've taken and right now we watch on intensive parole, about 650 of the 35 hundred dangerous early release-people or those who are more likely to commit. And I guess my concerns is, do you have anything in that Bill that would require a LEADS tracking or a classification for these most violent, who we don't watch now, under our current system? Turner, J.: "Representative, the Bill does not address that particular issue."

"The Bill does not address a call-up situation. Aren't you allowing the Department to contract to do basically what they are doing now under our system, which isn't working?" Turner, J.: "No. The Bill permits the Department to charge fees to persons released on parole or mandatory supervised release."

"Charge fees for what?" Turner, J.: "For their supervision."

"And as far as those fees, is that going to put intensive supervision or they going to be using those dollars, for example, to take those most violent and put them on an electronic detention where we can at least monitor them? Or will it be something going towards our current phone in system?" Turner, J.: "Representative, the Bill does not, I'm trying to answer your question. The Bill does not direct or mandate that the Department set up a hierarchy of individuals that 202  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 need more monitoring or those that should be monitored by telephone versus by the personal contact with the parole agent. It simply says, a fee can be charged and that they can hire a private vendor if they choose to do so. But as far as addressing what you're talking about, this Bill just doesn't do that. And yes, to answer you specifically, it doesn't require the department to do the things you're talking about."

"I guess, maybe the fact that it's silent on that is where I have some concerns since they were the subject of extensive hearings throughout the state when we looked at the whole problem of parole and what has happened since, we don't actually have anyone watching these... the people who have been released under Senate Bill 956, and in that category of people who are under mandatory supervised release."

"The Gentleman from Cook, Representative Pugh."

"Thank you, Mr. Speaker. Would the Sponsor yield for a question?"

Speaker Granberg: "He indicates he will. Proceed, Representative."

"Representative, in your legislation you're attempting to identify individuals who have been released from parole or some kind of supervised supervision and these individuals are going be instructed to pay a fee in order to report on a regular basis. Am I correct?" Turner, J.: "If they can afford it they will be assessed a fee to cover some of the costs of the required supervision."

"Representative, can you tell me where in your Bill does it state that if they can afford a fee, that they will be allowed to pay a fee?" Turner, J.: "It doesn't specifically say that in the Bill, 203  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Representative. If they can't afford it, however, the department obviously will not be able to collect it."

"So, the Bill does not reflect what you just said. The Bill does not say what you just said. You said that the Bill would allow individuals who did not, could not afford it, they would not have to pay a fee. But your Bill does not say that." Turner, J.: "The Bill does not indicate against whom the fee will be collected. However, again if it is uncollectable the department will not be able to receive reimbursement. But you're correct, I think your question is, is there language in there for example, prohibiting the fee being assessed against someone who is indigent or cannot afford it. That language is not specifically in the Bill, Representative. I think that's what you're getting at."

"Okay. So, that's a flaw, so that's one flaw in the piece of legislation that you have identified." Turner, J.: "No, no, I didn't say it was a flaw."

"Well, you said that... you said that it was in the legislation, but it is not in the legislation. So, apparently you intended it to be in the legislation and so therefore, it's a flaw in the way that the legislation is written." Turner, J.: "No, Representative, I specifically..."

"Why did you say... why did you say..." Turner, J.: "I specifically did not intend it to be in the legislation. I had contemplated putting it into the legislation and decided it did not need to be there."

"Did you just say that if an individual was indigent, that he would not have to pay the fee? Did you just not... did you not state that a moment ago?" Turner, J.: "If someone is indigent and cannot afford to pay the 204  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 fee, it won't be collected. That's what I said, that's what I'm saying now. That's what I'll say if you ask the question again."

"So... but the Bill does not speak to that statement that you just articulated, am I correct?" Turner, J.: "Correct."

"Does you Bill speak to the amount that an individual would have to pay to this agency or apparatus or whatever we're designating?" Turner, J.: "No.

"So, what happens if an individual is indigent, does not have the money to pay for the phone calls to make the report? What happens to that individual, is that a parole violation? Does your Bill speak to that?" Turner, J.: "No, it doesn't change the reporting requirements."

"All I needed was a 'yes', or 'no'." Turner, J.: "Well, you have to ask a fair question if you want a 'yes' or 'no', answer and don't want me to articulate so that everyone knows what we're talking about. It doesn't speak to what the requirements are for reporting. It doesn't change the law a bit for that. The requirements will remain the same. It simply allows a fee to be assessed where it's collectable. That's all it does. It doesn't change reporting whatsoever."

"Now, we go back to... you keep stating that a fee to be assessed when it's collectable but your Bill does not say that. Your Bill does not provide for an 'if'. If it's collectable. Your Bill does not say that so, therefore, there's a flaw in the legislation. Now, when we collect these fees, it states that the Department of Corrections will be responsible for charging these fees. Am I correct?" Turner, J.: "Correct." 205  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"So, if the Department is responsible for collecting these fees then why are we paying a private agency to field phone calls? What's the purpose of the private agency?" Turner, J.: "The state would not be paying the private agency, the private agency would be paid through the collection of the fees. It would be the convicted felons who would be paying the fees and thus the private agencies."

"Can you tell me how the private agency will be paid? Will the private agency be paid a flat fee or will they be paid if an individual can afford to pay the fee?" Turner, J.: "Representative, I'm not sure what you're getting at. Is it going to be a flat fee, I guess I don't know the answer to that. I presume it would be. But I don't really know that. I assume it would be."

"The point I'm trying to make is that the inconsistency in the dollars that you are attempting to charge in order to pay for the services are not there. I mean, there's just an inconsistency, you stated... let's take a scenario. If an individual that has been in prison for murder for 20 years, or for drugs for the past 20 years, comes out. He can make a phone call from Peru. Can he make a phone call from Peru? Can he make a phone call from his home? Can he make a phone call from Australia? And two, what if that individual comes out and can't make a phone call? Can't afford to make a phone call. You said that there was an 'if' provision but there's no 'if' provision in your legislation." Turner, J.: "Representative, could you repeat your question? I'm sorry."

"What happens to the individual who has been incarcerated for the past 20 years and comes home and does not have money to pay for the phone call? Does that individual... 206  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 are the agencies that's going to be contracted, are the agencies that are going to be contracted do the work. Are they going to be paid contingent upon the individual's ability to pay or are they going to be paid on a contractual flat fee service and who's going to pay that?" Turner, J.: "Again, Representative whatever reporting requirements, whatever supervision that the department is currently utilizing for any given individual, that will remain consistent. The only question will become is whether or not we will allow the department to assess a fee against those who are being supervised and whether we're going to allow the department, if they so desire, to also use a private vendor. If the individual is unable to pay the fee then it will not be collected. I really don't know how to address it other than in that fashion. But the fee of the private vendor or the costs the department vendor charges will be paid through the fees that are collected."

"Okay. I guess my confusion comes, Sir, first you stated that the department will be responsible for collecting the fees and now we're saying that this agency will be responsible for collecting the fees." Turner, J.: "The department is authorized to collect the fee. If the department is doing the supervision, they will collect a fee. If on other hand, if they use a private vendor then the private vendor is part of the supervision may be allowed to collect the fee and presumably would be."

"So, Representative, is this an attempt to privatize the prison industry? Are we attempting to privatize the prison industry?" Turner, J.: "No, that is not the intent, purpose, not even under consideration."

"Okay. My very last question, Sir. If the individual that 207  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 has been incarcerated for the past 20 years of his life, or say one of the major drug dealers, gang kingpins comes home and decides to leave the state or leave the county. He's only required... the only requirement is that he make a phone call to his parole officer. That's what this Bill is saying. That they're mandated to only to make a phone call in to their parole officers." Turner, J.: "No, that's not what the Bill says, Representative."

"So... can you take two minutes to explain to me. If an individual who has been released from prison, what other requirements does your Bill call for him to do other than... it states in the first paragraph of the Bill that they will make phone calls. We're not talking about face to face visits." Turner, J.: "Representative I will confess, I don't know exactly what the department requires for mandatory supervised release. I don't address that. Whatever it is that the department requires, whatever they have required in the past, I assume they are going to require in the future whether it's by phone call or whether it's by letter, whether they have to submit job applications, whether they have to report individually. I don't address any of that. I simply say that a fee can be collected and if appropriate a private vendor can be utilized. Now, you've got to remember we have 110 or 12 parole agents to supervise 30 thousand parolees. This is simply a Bill that allows the department to collect some fees, to reimburse them for the supervision that they are mandated to provide pursuant to a sentence given by a court."

"Sir, I believe that your intentions are honorable but with all due respect, if you would reconsider or just even consider about the legislation and look at the ambiguities 208  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 and the inconsistencies and the inherent flaws in the legislation, I'm sure that you would as I... as I would ask every Member of this Legislature with good conscience to vote against this piece of legislation because it does not... it will not effectuate any good cause. Thank you."

Speaker Granberg: "Thank you. Let me remind the Members, the Bill is on Short Debate. The Gentleman from McHenry, Representative Skinner."

"I have a short question for the Sponsor. Will the money that gets put in the state treasury for the benefit of the Department of Corrections have to be appropriated before it can be spent?" Turner, J.: "The Bill does not require that, Representative."

"You just lost a vote."

"Anything further? The Gentleman from Cook, Representative Morrow. The Bill's on Short Debate. Representative Morrow would like to remove the Bill from Short Debate. Is he joined by the requisite number of colleagues? The Bill is removed. There is only one additional speaker after Representative Morrow. Proceed, Sir."

"Yes, thank you, Mr. Speaker, Ladies and Gentlemen of the House. Would the Gentleman yield?"

"He indicates he will."

"Representative Turner, you weren't in the Appropriation Committee on Public Safety this morning. The Director was asked questions not specifically about your Bill but he was asked questions about a 900 number for parolees. I understand and are you aware of that he has dropped his request for this program and if you are aware, what's the need of this Bill being moved on from Third Reading?" Turner, J.: "I was not aware of that program but this Bill does 209  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 not specifically talk about utilizing the telephone. I've tried to make that clear to your colleagues. For some reason they keep intimating or suggesting that the Bill says something about using the telephone. That's not what we're addressing here, Representative. But as far as answering your question specifically, I wasn't aware that... just to make the record clear, when you asked the question it made it sound like I missed my committee meeting but as you know, I'm not on that committee, so... I wasn't there because I'm not on it. I just want to make that clear for the record."

"Well, I have to disagree with you about the telephone reporting. If you look at page 8, line 24, in your Bill. Section SS-5, to charge fees to persons released on parole, probation or mandatory supervised release for the cost to supervise those persons and to enter into contract with public or private vendors who provide telephone reporting. It's in your Bill. Telephone reporting. And what I'm saying is that this Bill is not needed because the Director of the Department of Corrections has dropped his request to have a 900 number. So what's the need of this Bill? Your Bill does deal with telephone reporting." Turner, J.: "Again, Representative, I can't address what the position of the director is. Your point is well taken with reference to..."

"But you said... look at the part in your Bill that has telephone reporting in it. That has not been taken out of your Bill." Turner, J.: "No, that's part of the language. In fact, it hasn't been taken out because it's part of the language that's in the Bill."

"Right." 210  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Turner, J.: "You are correct."

"Okay. But what I'm saying is, first of all let me ask this. Is DOC in favor of this Bill?" Turner, J.: "Representative, I don't know that they have either come out in opposition or in favor of it. I don't know the answer to that."

"Well, I'm not going to speak for the department or I'm not going to speak for the director but I'm just going to ask the colleagues on both sides of the aisle to vote 'no' on this Bill because of the comments made by the director in my committee today, stating that he was not pursuing telephone monitoring of parolees. So, I would urge my colleagues to vote 'no' on House Bill 763."

Speaker Granberg: "Thank you. The last speaker, Representative Mulligan."

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

"He indicates he will. Proceed."

"Representative Turner, in the time this has gone on I have gone through the Bill and I do have some questions. In welfare reform we've removed people that are coming out of prison from being able to collect welfare or be in the loop of being in a jobs program, it kind of moves them out of that status. I don't disagree with that except that what I want to know is realistically and I... my understanding of reading your Bill is, that you're trying to charge parolees who can afford it to pay for the services for their probation or parole and the people that your contracting with to collect the money from them are the people that are using the phones to collect the money. But that brings up another point. Do you have any idea of the numbers of people realistically that will come out of prison, be on parole or probation and actually be able to 211  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 get a job and pay for this? Because why are we contracting with someone to provide services that if they don't pay, that would pay for the services, we've contracted with them from the state so the department will have to pay for those services if the people that are supposedly paying for probation, can't pay for it. Which in my gut feeling in dealing with this issue from the welfare side of it, I don't see the numbers of people there that are going to have a job to pay for this right off the bat." Turner, J.: "Two points, Representative, you twice referred to probation. This Bill does not deal with probation, it deals with parole. Second, I hope I'd made it clear earlier that the fee charge will be utilized to pay a private vendor. There's not going to be obligations created by this Bill for the state in the sense they will be required to pay the private vendor. Private vendor gets paid from fees collected."

"All right, but isn't the vendor the one that is going to collect the fees that are covering the cost of the services that the parolee is using? What I'm saying to you is, if these people do not have the money to pay the fees and the department has contracted with them to be the collection agent and there is no money to pay them then the department would have to pay them. And the way we're doing things with people coming out of prison now, my gut feeling is they're not going to have the money or at least large numbers of them are not going to have the money to pay for this." Turner, J.: "Well, if you're asking a question. Yeah, I would agree with you. A large number of them won't have the money to pay for it. But of those that do, when the fee is collected that fee collected those fees collected will be 212  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 used to pay private vendors. The idea isn't to create new obligations on the part of the state."

"All right, but then if someone does... is fortunate enough to come out of prison and have a job and they owe this money, we have now contracted with, 'a collection agency who will probably call them at various places that may jeopardize their employment or other issues.' I think there is a few problems with this that I'm not real comfortable with and I can't understand, I mean if you contract with someone to be a collection agency, they never collect anything are they going to be paid only on a percentage of what they collect or are we going to have to pay them if they can't collect anything?" Turner, J.: "No, they will be paid from fees collected."

"And you feel there will be fees collected?" Turner, J.: "Yes."

"Well, I'm just wondering where you get those numbers of people coming out, the statistics of how many people come out of prison, are actively employed can do this and what would happen if they do have a job and someone starts phoning them at their job to pay fees? That's all the questions I have. I wish you would look at this a little bit or at least come back with statistics of how many people that are let out of prison are actually employed. Soon."

"Thank you. Anything further? There being nothing further, the Gentleman from Logan, Representative Turner to close." Turner, J.: "I appreciate all the questions from my colleagues. I frankly didn't realize the Bill was so controversial. I will indicate that when it came out of committee one of the staffers from the Democratic side of the aisle had told me 213  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 that they wanted to look at it and make sure there weren't any problems. I, purposely therefore, the first time it was called on Second Reading, held it and had waited for any contact that I got from that side of the aisle with any potential problems that the Bill might have, having received none I went ahead and moved it to Third Reading. Now, I'm asking that you're going to support this measure. For those of you who are familiar with the probation fees, probation fees are not part of this. But probation fees are collected throughout the entire State of Illinois. They are collected from people who have been convicted of either misdemeanor or felonies. There are astounding numbers of dollars collected from those placed on probation. So, to some extent, although this Bill does not deal with probation, it's patterned after the collection of fees from those who have to be supervised who have been convicted of a crime. That's what we're talking about here. The state, pursuant to a sentence given by sentencing court is ordered to provide supervision for convicted felons after they are released from prison. If the state can recoup some of those costs, I would suggest to you there is certainly nothing wrong with the state doing so and I would suggest to you that there is nothing at all wrong with assessing a fee against those who must be supervised after they have committed a felony and after they have been sentenced by the Department of Corrections by a sentencing court. This is a good piece of legislation. It's a reasonable piece of legislation. I've tried to answer all the questions that you have posed the best way that I possibly can and I would ask that all the Members on this side of the aisle vote 'yes' and hopefully, a couple on the other side, as well. Thank you very much." 214  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Speaker Granberg: "The Gentleman moves for the passage of House Bill 763. All 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 question, 43 voting 'yes'; 65 voting 'no', 3 voting 'present'. The Bill is lost. House Bill 820. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 820, a Bill for an Act to amend the Illinois Fire Protection Training Act. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Cook, Representative Durkin."

"Thank you, Mr. Speaker. This Bill is a... agency Bill from the Illinois State Fire Marshal. It provides... it's an Amendment to the Illinois Fire Protection Training Act. Provides that the Office of the State Fire Marshal shall reimburse participating local governments for fire protection training expenses incurred by them during that year. Presently the reimbursement period is from September 30th through August 31, we're moving it back four months. They requested that change because there has been a number of problems they have had with local governments processing the claims and they believe by extending it three more months it will help local governments to do a more thorough process of filing their claims for reimbursement. This Bill has nothing to do with the Department of Corrections, felons or telephones either."

Speaker Granberg: "The Gentleman moves for the passage of the Bill. Any inquiries? There being none, Representative Durkin moves for the passage of House Bill 820. All in favor shall vote 'aye'; all opposed shall vote 'no'. The voting is open. Have all voted who wish? Have all voted 215  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 who wish? Have all voted who wish? Mr. Clerk, take the record. There being 114 voting 'yes'; 0 voting 'no', 0 voting 'present'. House Bill 820 having received the Constitutional Majority, is hereby declared passed. Speaker Madigan in the Chair."

"House Bill 847. Mr. Clerk, read the Bill."

"House Bill 847, a Bill for an Act to amend the Property Tax Code. Third Reading of this House Bill."

"Mr. Roskam."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 847 is an initiative of the City of Warrenville and the Warrenville Park District. What we're trying to do is change a situation where the... back in 1976, the Western DuPage Special Recreation Association was formed which is an initiative to provide park district services to retarded and developmentally disabled young people. The park district at that time in Warrenville didn't exist. This Bill would simply transfer the authority from the city, which is the current member of the Park District Association to the Warrenville Park District. I would be happy to do my best to answer any questions. It's revenue neutral. I believe it only applies in this particular situation. The Illinois Association of Park Districts is in favor of the Bill."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Lang."

"Thank you. Will the Sponsor yield?"

"The Sponsor yields."

"Thank you. I'm wondering if this is an exemption from or a loophole in the tax cap?"

"Representative Lang, could you repeat that?"

"You'll recall we passed a tax caps not too long ago." 216  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"That's right."

"I'm wondering if this is an exemption to the tax caps or a loophole."

"No, I don't think it is and here's why. The... it's revenue neutral, there's not going to be any increased burden on the taxpayer as a result of the passage of this Bill. What it would simply do, is transfer the authority. Right now the City of Naperville, or the City of Warrenville, excuse me, took on the burden of becoming a member of this association that I referenced earlier. Because at that time, the time that the association was in place there was no Warrenville Park District. Since that time the Warrenville Park District, by referendum has come into existence. In a meeting with the leadership of the city and the leadership of the park district board, they came to the conclusion that the park district board was more appropriately setup to offer park district services. Simply what they are trying to do is to transfer that authority and that's all I'm trying to do here today."

"I'll accept that explanation. Thank you."

"The Gentleman moves for the passage of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 104 'ayes'; 11 'noes'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 898. Mr. Clerk, read the Bill."

"House Bill 898, a Bill for an Act to amend the School Code. Third Reading of this House Bill."

"Mr. Novak." 217  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 898 is an initiative of the State Board of Education. Simply, is a Bill to provide grants to local school districts to pay for emergency relocation expenses incurred as a result of a condemnation of a school building. Grants shall be made from the appropriations for this purpose. The Board shall adopt rules necessary to implement the program. Rules shall prescribe eligibility standards, expenses that qualify and other costs directly associated with an emergency relocation. The State Board has requested $3 million from the Bureau of the Budget for emergency relocation grants. Certainly would be happy to answer any questions."

"Mr. Black."

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

"The Sponsor yields."

"Representative, is there a definition of emergency relocation in the Bill?"

"These are... the buildings it refers to are the ones that are condemned locally by the local regional school superintendents, Representative."

"That's what I was afraid of. Your district and mine adjoin each other and we have several old buildings, in fact, I think you have the oldest building in continuous use as a school in the State of Illinois as I recall, in your district. But if we allow this money to be granted by the State Board of Education based on the condemnation of regional superintendent, aren't we opening a flood gate of potential condemnation actions and that would be far in excess of $3 million."

"It's only $3 million. I'm certain the regional 218  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 superintendents are going to be prudent in their decisions. I mean if the walls are caving in and if the windows are out and if the local building code individuals with respect to municipalities have just about condemned the building because it's unsafe for human habitation, I would certainly agree that those buildings condemned by the local school board as well as the... should be on the top for the priority list for temporary relocation. This is not for permanent relocations."

"Okay. Let me rephrase the question, maybe... I didn't do a very good job of that, I apologize. My fear is, let me just back up. How many buildings, do you have any indication or does the State Board of Education have any idea how many school buildings have been condemned, say in the last year, two or three, five?"

"The State Board advises me that they have never condemned any, Representative, because there haven't been any place designated to put the children."

"Okay. That's what I was trying to focus on in my earlier question. If we now make money available, might not the floodgates then open? I'm sure there are dozens of buildings that are probably either could be condemned, maybe should be condemned or as Harry Caray would say, 'Might be condemned. Holy cow, it is condemned.' My only fear is that once we open this Pandora's box, what if a hundred schools are condemned in the next fiscal year? The $3 million isn't going to be anywhere near able to handle that."

"This money is not used for rebuilding, that's specific. It's only for relocation purposes, $3 million is a very small amount."

"So, you're saying that those buildings that might be 219  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 condemned early in the process, those districts may get the funding for temporary relocation. Those that come later if the appropriation is gone, will just go on a waiting list or something?"

"Well, Representative that is probably correct. I mean, it's up to the State Board to promulgate the rules. The problem is it's, like the old person at the oil change, pay me now or pay me later. We have to do something now or do nothing. So if we do nothing then no schools get condemned and we have to look for other alternatives or we're going to be forced to keep our school children in certain areas of the state in conditions that are dangerous to a good environmental learning situation."

"Representative, I don't have any problem with the underlying Bill, I really don't. I guess I'm not articulating my concerns. Maybe this should be part of a more comprehensive bond program. My fear is, if this becomes law, there could be a mad rush to get in line for the $3 million and that's not a lot of money. And I guess maybe, and I know you're sponsoring or have some other legislation. My only fear is that we may build expectations that we sure as heck aren't going to be able to fulfill because, in your district as mine, it is not unusual for children to be attending school in buildings that were built and dedicated at the turn of the century. And I don't stand in opposition. I just have this fear that all of a sudden there's going to be a hundred buildings condemned and half a dozen or less will be addressed and then what do we do with others. I... so maybe I thought it should be in a more comprehensive bond package or whatever. Maybe you can allay my fears."

"Yes, Representative. Thank you, and it certainly is not 220  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 in my intent to open or to facilitate the floodgates, so to speak, to be opened with respect to condemning school buildings. I mean within the contexts with this whole school reform issue one of the major subject matters of debate is school bond construction program and I have a Bill that we hope to call in a later date, House Bill 18, that provides for re-authorization of $1 billion in bonds. And if we do get a Bill put on the Governor's desk this Session to deal with school bond construction as well as taking care of condemned buildings because the school bond construction program would certainly address dilapidated school buildings and school buildings in terrible conditions that need to be fixed immediately. Our own Speaker, Speaker Madigan, as well as your leader, Leader Daniels, have indicated a willingness to push forward this issue on school bonds constructions and try to repair our school infrastructure in Illinois."

"Thank you, Representative. I appreciate that answer. I have confidence in your ability as a Sponsor, also I have confidence in the Gentleman standing beside you, representing state board and if... I think it's a good idea and I hope my base fears aren't realized but I do appreciate your indulgence in answering the questions."

"Mr. Hannig."

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

"The Sponsor yields."

"Just briefly, Representative. What happens in a case where $6 or 7 or 8 million worth of condemnation takes place and there's only $2 or 3 million worth of bonding then what? Or appropriations, then what?"

"Well, subject to the approval of the appropriations, it's specific, quite specific in the Bill that state board shall 221  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 adopt rules necessary to implement the program. Those rules will be promulgated and it will be subject to the approval before the Joint Committee out of Administrative Rules."

"So the State Board will devise a method whereby they will allocate this money in spite of the fact there may be a greater need then... and this does not create any kind of entitlement to the schools if we don't appropriate any money or if we don't appropriate enough money, they have no right to go to court and require us to pay these things or build these things?"

"Well, this is not to say that any entity cannot go to court. What I'm trying to say is that of the initial budget..."

"It's not your intention to give them..."

"No, absolutely not. But the initial budget request of $3 million is to address a very serious issue. We'd like to see much more money put into this budget request but we think this is a small beginning to address a major problem. And as I indicated to the previous Representative from Danville, that hopefully if we get bond construction program approved in this General Assembly that we can incorporate some of those dollars into this program as well because school bond construction program for repairing schools is very similar to buildings that have been condemned by... or buildings or classrooms that have been condemned by local regional school superintendents."

"Thank you, Representative."

"Mr. Hoeft."

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

"The Sponsor yields."

"How is this money going to be handled? Is this $3 222  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 million going to be put into a special categorical?"

"Pardon. Please repeat that, Representative."

"We have two methods of funding the State Board's budget. One is the state aid formula, one is categoricals. Is this..."

"This would be... excused me, Representative. This would be a new line item."

"A new line item in the categoricals. Okay..."

"No, no. This would not be a new line item in the categoricals, it would be a separate line item. Has nothing to do with categoricals."

"Line item where?"

"In the State Board of Education's budget."

"Within their operations or? It has to appear in the budget."

"It's a grant line. It would be a grant line item."

"Okay. So then it is part of the categorical area."

"So to speak, I guess it's a euphemism, yes."

"My question comes down to, what happens at the end of the year if that money is not used? Does it go back to the state?"

"I believe if the agency requests it, they can reappropriate it for the next year."

"Will any of that money be able to be used for State Board's staff?"

"Specifically, no."

"Will any of that money be able to use for other State Board programs, grants, projects?"

"Specifically, no."

"This last budget, excuse me, audit showed that money given to the State Board of Education has been used in very, very creative ways. I want to make sure that 100% of 223  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 this is used for school districts that are in trouble, that none of this is used for staff and that, in fact, there is... the money is returned to the State of Illinois if it is not totally and completely used during the year. Is this your intent?"

"Absolutely, Representative. The intent of this legislation is to assist school districts in the relocation of children pursuant to condemnation of buildings."

"I think that's commendable and I will support your Bill. I do not want this to go into creating a larger and more inefficient bureaucracy. Thank You, Sir."

"I agree."

"Mr. Mitchell."

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

"Sponsor yields."

"Representative Novak, I just a couple of brief questions. First of all there's nothing in the legislation whatsoever that changes the rules and requirements that the regional superintendent and those folks that go with him to inspect a building will use to determine whether that building is, in fact, condemned."

"Representative, no. The answer to your question is no."

"Okay. So, basically this money is used in situations that could possibly relocate youngsters to a safer environment when they are, in fact, in danger."

"Correct. Absolutely correct."

"So basically, I just want everybody to understand that condemning a building is a very serious thing to have happen anyway. And if it's going to happen it's going to happen whether that $3 million is there are not. The decision that a local district has is whether or not they can relocate. If this money helps them do that and takes 224  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 children out of harms way, I think this is a Bill that everybody should get behind. Thank you."

"Thank you, Representative."

Speaker Madigan: "The Gentleman moves for the passage of the Bill. All those in favor signify by voting 'aye'; all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 909. Mr. Mautino. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 909, a Bill for an Act in relation to finances. Third Reading of this House Bill."

"Mr. Mautino."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is part of the comptroller's administrative package for the year. It has two provisions. The first change is references from the Department of Personnel to the Department of Human Resources within the the Merit Employment Code. The second change is to the Comptrollers Records Act and it's amended to reduce the retention period for vouchers and warrants from five years to three years. Now prior to any of the destruction of warrants, these will have to be stored on electronic media. This puts us basically in the same standing as other agencies, other practices and audit cycles. And I ask for your 'aye' votes."

"The Gentleman moves for the passage of the Bill. There being no discussion. The question is, 'Shall the Bill pass?' All those in favor signify by voting 'aye'; all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who 225  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 940, Mr. Hannig. Mr. Clerk, read the Bill. Mr. Clerk, read the Bill."

"House Bill 940, a Bill for an Act to amend the Higher Education Student Assistance Act. Third reading of this House Bill."

"Mr. Hannig."

"Thank you, Mr. Speaker and Members of the House. This proposal is an initiative from the Illinois Students' Assistance Commission and it increases by $950 million the statutory debt ceiling for the Illinois Designated Account Purchase Program that is run by the Students' Assistance Commission. The bonding authority is not general obligation or moral obligation of the State of Illinois and the Bill was heard in committee and unanimously approved and is simply necessary for the agency to continue operations of this important student loan program. So, I'd be happy to answer any questions."

"The Gentleman has moved for the passage of the Bill. There being no discussion, the question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 978. Mr. McAuliffe. Mr. Clerk, read the Bill."

"House Bill 978, a Bill for an Act to amend the Humane Care for Animals Act. Third Reading of this House 226  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Bill."

"Mr. McAuliffe."

"Thank you, Mr. Speaker, fellow colleagues. House Bill 978 amends the Human Care for Animals Act to add police animals to provisions concerning the prohibition against teasing, striking, or tampering with police dogs and injuring or killing police dogs. What this does is, changes from police dogs to police animals such as a horse that was abused at a Sangamon County Fair last year. And I have... I'll answer any questions."

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 people voting 'aye'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 995. Mr. Black. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 995, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of this House Bill."

"Mr. Black."

"Thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. I request your support for the passage of House Bill 995. What this Bill does as simply as I can put it, farmers or their family members, and that is defined in the Bill, would still be subject to the advanced driver's license testing, be required to have a Class A License for a combination vehicle, i.e. a semi trailer. They will be subject to a DUI at a blood alcohol concentration level of .04. This waiver is limited from 227  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 the CDL's waiver, excuse me, this waiver from the CDL requirement is limited to those individuals over 21 years of age. All we're asking for is to remove the farmer or the family farm member from the federal drug and alcohol screening requirements. Now these regulations require an owner/operator, in this instance, the farmer, to pay someone else to test themselves to discover whether or not the farmer has been drinking or taking drugs. Once the screening is completed, the test results are returned to the farmer and that individual then has to decide whether to fire himself or herself from driving the vehicle. This Bill was intended for employees and employer relationship. It was not intended to impact a farmer driving his or her own equipment. All of our neighboring states have passed this waiver. I would ask that you do so as well. I'll be glad to answer any questions you have."

"The Gentleman moves for passage of the Bill. There being no discussion, the question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 108 'ayes'; 6 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1001. Mr. Phelps. Mr. Clerk, read the Bill."

"House Bill 1001, a Bill for an Act to amend the Department of Human Services Act. Third Reading of this House Bill."

"Mr. Phelps."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1001 directs the Secretary of Human 228  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Services to establish within the department a Rural Human Services Networking Program for the purposes of assisting human service providers in rural areas and to set up pilot projects if deemed necessary to serve the unique population. Most of you know that live in rural areas there is a necessity to promote different approaches for human service delivery because the rural communities are unique with conditions with low population density. A large proportion are elderly people. The economics scale are not competitive with the rest of the state. The geographic isolation, inappropriate or inadequate transportation, all types of obstacles that do not promote a conducive atmosphere for health care delivery. So, we hope in this networking that rural areas can participate in will help large geographic areas providers coordinate services and motivate them to come up with a networking programs that might be a pilot project. We have entertained these in the past and some of have worn... been recognized for awards but we feel that human services is very important to be able to uniquely coordinate with such a large, sparse, geographic area. Sparse population in a geographic area. I appreciate your support."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Mulligan."

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

"The Sponsor yields."

"Representative Phelps, how much money do you feel will be allocated to these grants?"

"I'm not sure any will unless the secretary and the department takes a look at the uniqueness of how it might... usually the standards that we've been successful in the past getting any kind of money at all would be 229  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 awarded on the findings of preventative expense or taxpayers' savings. Because believe me, when you have an isolated population that lives 100 miles apart from one service being delivered to the other, it takes... we do a lot with a few dollars in a rural area, especially downstate. So, it really usually is promoted on the idea that an incentive or a carrot would be who comes up with a program that would be very little expense. So, I can give you an idea... some of these grants have been... without this Bill in place there have been pilot projects anywhere to 10 thousand to 50-60 thousand. But this does not appropriate or promise any money. It just says, to encourage and hopefully that the Human Services Department would have these available within some type of innovative spirit that... in the rural areas need to promote."

"All right, so you would envision that there would be an interest for this in the rural areas and they would start to discuss what type of projects they might be interested in and then present them to the department and then the appropriation might follow... next year?"

"Right, exactly. And make recommendations based on a certain amount of standards or preventative measures and taxpayer savings."

"Thank you."

Speaker Madigan: "The Gentleman moves for the passage of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 'ayes'; 0 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1006, Mr. Cross. Mr. Clerk, read the Bill." 230  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"House Bill 1006, a Bill for an Act concerning land transfer. Third Reading of this House Bill."

"Mr. Cross."

"Thank you, Mr. Speaker. This Bill is at the request... or I'm doing it at the request of our county board and county fair. This Bill transfers land from our forest preserve to the county fair in exchange, the county fair is going to pay $200 thousand for the land. We've held our fair on this property the last five years. We've leased it from the county forest preserve. It was in a Bill last spring or last fall that was vetoed not because of this language. I don't know of any opposition. I'd appreciate a 'yes' vote."

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 'ayes'; 0 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1009, Mr. Woolard. Mr. Clerk, read the Bill."

"House Bill 1009, a Bill for an Act concerning the enclosure of private swimming pools. Third Reading of this House Bill."

"Mr. Woolard."

"Thank you, Mr. Speaker. This is a familiar Bill to most of you. I think we dealt with this last year and we had good discussion. We addressed all of those issues of concern that were identified then and we believe that we have got it in a position that it should pass again as it did last year. What we're talking about is putting a fence 231  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 around all above ground and in-ground pools, 42 inches high. And there's some specific requirements that say that this has to be a pool, it cannot be a Jacuzzi. It's not a wading pool for the kids. You know, I think we have taken out those concerns that most of you had. I think it's something that is way past its time and I would appreciate your support on this issue."

"Representative Hughes. Hughes."

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

"The Sponsor yields."

"Representative, does this Bill apply to the thousands of swimming pools that are existing today?"

"Positively not. This is for newly constructed pools after enactment only."

"Does this Bill apply to properties that are adjacent to a channel, a river, a lake, or a pond?"

"We're not dealing with anything that is man-made. This is strictly constructed swimming pools."

"Does this Bill preempt local government?"

"Yes, it does."

"Does this Bill have any enforcement mechanisms in it?"

"Nothing that has any penalties tied to it."

"To the Bill. I would suggest that this is an area that should properly be dealt with at the local level. That this is a state mandate. It has no means for enforcement. It is a Bill that, I think, makes people feel good, but from a practical standpoint, isn't going to resolve the problem of safety around swimming pools and I would urge a 'no' vote. Thank you."

"Representative Lyons."

"Thank you, Mr. Speaker. I have a question. If this preempts Home Rule, is this going to require more than a 232  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 simple majority vote?"

"Representative, we're researching that question right now."

"Thank you."

"The Parliamentarian has advised the Chair that this is a preemption under Section (i) which provides for concurrent jurisdiction and therefore would require 60 votes. Sixty votes. The Gentleman has moved for the passage of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 67 'ayes'; 48 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1063, Mr. Phelps. Mr. Clerk, read the Bill."

"House Bill 1063, a Bill for an Act amending the Illinois Public Labor Relations Act. Third Reading of this House Bill."

Speaker Madigan: "Mr. Phelps. Mr. Phelps. The Gentleman indicates that he does not wish to call the Bill? This Bill can be taken out of the record. The next Bill will be House Bill 1049 by Mr. Woolard. Mr. Clerk, read the Bill. 1094."

Clerk Rossi: "House Bill 1094, a Bill for an Act amending the Meat and Poultry Inspection Act. Third Reading of this House Bill."

"Mr. Woolard."

"This is a very simple Bill that adds ratites, the flightless birds which most of you recognize as the rheas, the emus, and the ostriches to the Meat and Poultry Inspection Act and with this the industry that is flourishing in the State of Illinois will be able to grow 233  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 even further. I would encourage and hope for a positive vote."

"Representative Andrea Moore." Moore, A.: "Thank you, Mr. Speaker. Just a Point of Order. House Bill 1049 rather than 1094 is showing on the computers."

"Mr. Clerk, did you hear that? So, the Bill is 1094. Representative Cowlishaw."

"Thank you very much, Mr. Speaker. Will the Sponsor yield for a quick question?"

"The Sponsor yields."

"Representative Woolard, many years ago we had a Bill that applied to ratites and it was required under that legislation that no farm animal, particularly the kinds of animals that are smaller, was going to be permitted to annoy a ratite because they are very nervous. And we then had a Gentleman who sat on your side of the aisle, whose name was Jim McPike, who rose and gave the most compelling statement I've ever heard on this Floor, explaining what would happen if his little girl's little dog ran across the road and annoyed a ratite. Now, Representative Woolard, my question to you is this. Are these poultry inspectors going to annoy those ratites?"

"I certainly hope not."

"Well, then I think we ought to pass your Bill."

Speaker Madigan: "The Gentleman has moved for the passage of the Bill. There being no discussion, the question is, 'Should the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is 234  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 hereby declared passed. House Bill 1177, Mr. John Jones. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 1177, a Bill for an Act concerning agriculture. Third Reading of this House Bill."

"Mr. Jones." Jones, J.: "Thank you, Mr. Speaker and Members of the Body. This is a Department of Agriculture Bill. It's strictly a cleanup Bill. A few things that it does define is defines cattle and bison, branding animals classified as reactors to a test, shipping of dairy or breeding cattle, shipment of female cattle or beef breeds and the duty of persons before accepting cattle or bison for shipment. Amends the Illinois Bovine Tuberculosis Eradication Act in relation to branding cattle that have reacted to a tuberculin test and selling reacting cattle. Removes the provisions permitting the Department of Agriculture to allow the sale and transfer of cattle under quarantine. Adds bison, sheep, goats, antelopes and cervines to the certain provisions of the Act and repeals the Agriculture Foreign Investment Disclosure Act. I would just ask for a favorable vote."

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1219, Representative Klingler. Mr. Clerk, read the Bill."

"House Bill 1219, a Bill for an Act in relation to sex offenders. Third Reading of this House Bill."

"Representative Klingler." 235  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Thank you, Mr. Speaker. House Bill 1219 is an initiative of the Illinois State Police to clarify and strengthen some provisions of the Child Sex Offender Registration Act. The first provision is consolidation of community notification with the sheriff of each county. I might add that this is what's done in Sangamon County. The sheriff, alone, is responsible for notification instead of the approximately 20 agencies, police agencies within the county. However, in other counties it has been done by individual agencies and it has caused some confusion. The second requires the Department of Mental Health to notify law enforcement agencies upon the release of sex offenders who have been committed for the offense. Three, it fixes the responsibility for address verification of sex offenders with the local police agency of the jurisdiction in which the offender has registered. Four, establishes a mandatory $500 fine for noncompliance with the Registration Act and a $10 registration fee to create an earmarked fund to cover the cost and five, permits the Illinois State Police to access existing databases in the state for the purpose of verifying and locating addresses of sex offenders."

"The Lady moves for the passage of the Bill. The Chair recognizes Mr. Dart."

"Will the Sponsor yield?"

"The Sponsor yields."

"Representative, this is a clarification of the original Bill, is that correct?"

"Well, this is a clarification and some further additions of the state police felt would be helpful in the implementation. It's really some very practical measures. It doesn't expand the scope of the notification. It really 236  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 goes to the procedures for the police and law enforcement."

"About how many people have taken advantage of this in the City of Chicago? Are you aware?"

"I don't have that number."

"What about in Springfield, have there been many people taking advantage of this?"

"Of looking for the notification?"

"Yeah, who have gone into the police stations to get the notification."

"Right, there have been individuals that go... in Springfield, in Sangamon County it's actually higher than in many other counties."

"Do you know how many people, though?"

"I don't have that number."

"My understanding from different accounts is that the number of people inquiring into these individuals has been incredibly low and in some areas there's been one, two people, tops. Is there a reason behind that?"

"Well, I think the most significant aspect of the Sex Offender Notification Bill has been the mandatory notification to the schools, public and private, and the child care licensed facilities and the foster care facilities. And this is where we've seen a tremendous impact from the law."

"So, then for the general public then that is not a concern?"

"I think it is an option that's available to the general public. If a person has a concern about a particular person and wants to check so there is some ongoing checking. But again, the focus of this Bill or the original Bill, not the Bill that's before you, was to get information to agencies that deal with children." 237  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Okay, because there was a lot of people that felt that this had to do with the public notifications, so that the public was made aware, as well. Have you been aware of the fact that certain police agencies have been treating this law as they wish? Namely, they've set up their own mechanisms as to who can view this and who can't?"

"I don't understand the question."

"Are you aware of the fact that certain police agencies have set requirements as far as who can come into police stations and view this information?"

"Well, that's not appropriate and that's not part of the law. In Sangamon County anyone can come in. They have to have identification and sign a register and it's $1 per computer page. Again, this is to recoup the cost."

"Well, as to the day care centers and the schools. Now, have we made any changes in this that have been requested in regards to adding photographs? So that people could, I mean it makes more sense, obviously, to have photographs of people so that if you see somebody out in front of a school, you can put two and two together as opposed to trying to get identification off someone who might be out in front of a school. Have there been any changes in this Bill that would allow for photographs to be used?"

"No, this Bill does not do that. I know there are several other Bills that are pending in the House regarding additions."

"Okay."

"This Bill, again, is really focused at the delivery of information by the state police and how that information is organized."

"Okay, nothing further."

Speaker Madigan: "Are you finished, Mr. Dart? We're very sad. 238  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 The Lady moves for the passage of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1253, Mr. Mautino. Mr. Clerk, read the Bill."

"House Bill 1253, a Bill for an Act amending the Illinois Vehicle Code. Third Reading of this House Bill."

"Mr. Mautino."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1253 has an objective to keep uninsured drivers off the road. This is a proposal by Secretary of State, George Ryan. And it will require uninsured drivers who have been in an accident and have caused either bodily injury or over $500 in damage to carry certified insurance. A certified insurance policy is one that when it's sold, the Secretary of State is notified and if that policy is dropped, they're also notified at the Secretary of State's office. What this does is insures before that that person can get their license reinstated, they have proof of financial responsibility. And I would ask for an 'aye' vote. Be happy to answer any questions."

"Mr. Black."

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

"The Sponsor yields."

"Representative, the proof of financial responsibility sounds like we're going back to the old system prior to mandatory insurance when, I don't know, I think IDOT administered it. You were supposed to give proof of 239  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 financial responsibility and pay, and I don't think it worked then, what's different now?"

"Actually, what we do this, it's very commonplace. As a matter of fact, it's standard practice with anyone who's had a Driving while Under the Influence. We require that they carry this policy and it's really the only type of policy that we can insure that driver has. Now, you may know that some people out there will buy a policy, not make the payment, let it lapse and still have that card. And then we end up paying the cost as consumers for those uninsured and under insured drivers. In order for this to kick in and to use and SR-22 certified policy, an uninsured driver has had to have caused an accident or been involved in an accident where there was $500 worth of property damage or someone's been injured. And I think what that does, it says, 'We are not going to give that person a license back who has driven irresponsibly unless they pick up this policy and carry it for a term of three years'. It's a good consumer-side Bill as well."

"Okay, it's probably better than what we do now for a second offense. My concern, and I have a constituent, a service form in my hand, something isn't working with this law and I don't want to go off on that tangent, Mr. Speaker. Excuse me, but there are too many people in my district hitting people, being ticketed for driving an uninsured vehicle and yet my constituent who was struck or whose car was damaged, is out in the cold. I appreciate the fact that you and the Secretary are going to toughen up on the second offense but I guess my question to you is, is there anything we can do to those people who are driving out there in abject violation of the Mandatory Insurance Law and then innocent people get whacked and their rates go 240  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 up. I guess we can't do anything other than pass your Bill and go after them on a second offense but there's something not working here."

"Now, I understand that and respect your concern because we do have that problem and I've seen them in my district office, as well, where someone is driving out there who is uninsured. I guess what this says, is for that person we're going to put this policy in place and insure that they do take responsibility for their actions by requiring the three year."

"Well, I commend you for that. Maybe it's a step in the right direction and later on we can work on the fact that there are so many people out there just not paying any attention to the Mandatory Insurance Law. Thank you for your indulgence, Representative."

"Thank you."

"Representative Mulligan."

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

"Sponsor yields."

"Representative Mautino, I think this is a wonderful Bill. I had thought of doing something like this myself but I would like to know is, if , and this has happened, that I've had constituents bring it to me and it's happened in my own family, there's an accident, the person that causes the accident hands over the insurance card, he's ticketed, drives away, and the next day you call up and find out that the insurance has lapsed. He made one payment and the card that he gave you at the time is useless and the insurance company will not cover the claim. How do you then get back at that person? I mean, your own insurance kicks in and picks it up and so maybe you get a raise in rates. But how do you get this person who has 241  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 then driven away?"

"Thank you for that question. You get to the point of the Bill. That situation would precisely be covered by this, because at the time of the accident, that person is an uninsured motorist and so they would fall under this. They would not get their license back until they had paid restitution or carried this policy which is the SR-22. That's exactly the situation that we're trying to address. Someone who has bought their policy, dropped it, and is not making a restitution or has a judgement against them."

"Would the person that is the victim of this scam, report him to the Secretary of State or report him to the police?"

"The process for it, it goes through court, then it would go to IDOT and then IDOT's required to report it to the Secretary of State. But it has to go through the judicial procedures first. You're talking about the accident and who would pay those damages? In that situation that you gave, it would get back to the Secretary of State via that route."

"Because I would presume that you're lost. The man has no insurance or the woman and so you can't get it paid. But it would be unfair to have him or her get away with it, repeatedly. I think it's a great Bill."

"Mr. Brady. Mr. Brady."

"Thank you, Mr. Speaker. I just stand in strong support of this piece of legislation. I commend the Sponsor for it."

"Representative Lindner."

"Yes, thank you, Mr. Speaker. I just wanted the record to reflect that I voted 'aye' on 1219, I meant to vote 'aye'." 242  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

Speaker Madigan: "The Gentleman moves for the passage of the Bill. Those in favor sinify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1279, Mr. Leitch. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 1279, a Bill for an Act amending the Illinois Public Aid Code. Third Reading of this House Bill."

"Mr. Leitch."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1279 is a very simple Bill. It simply requires the state to apply for a waiver in Medicaid to address the problem of brain-injured people. It's a very significant problem in Illinois. One of the problems is there is no means for home-based and community services and this is a very cost effective waiver. It is a revenue neutral waiver and it's one that the people throughout Illinois who are caring in one form or another of people who have suffered traumatic brain injuries are asking for. And so, I would simply ask for your approval of this waiver and ask that you pass the Bill, favorably. Thank you."

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Should the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 people voting 'aye'; 0 voting 'no'. This Bill, having 243  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 received a Constitutional Majority, is hereby declared passed. House Bill 1288, Representative Wood. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 1288, a Bill for an Act in relation to the powers and duties of the office of banks and real estate. Third Reading of this House Bill."

"Representative Wood."

"Thank you, Ladies and Members. House Bill 1288 makes regulatory and administrative changes in numerous laws administered by the Office of Banks and Real Estate, including the Illinois Banking Act, the Illinois Savings Act, Residential Finance Act and several others. This is the agency Bill offered by the Office of Banks and Real Estate. It provides for some administrative streamlining. Removes some duplicitous requirements. Brings us into line with some federal requirements. It has no known opposition and it is generally supported and agreed by all of the members of the financial institutions industry."

"Mr. Black."

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

"The Sponsor yields."

"Representative, does this allow banks to sell insurance?"

"Pardon me? Could you please repeat the question, Representative?"

"Yes, does this Bill allow banks to sell insurance?"

"No, it does not deal with the issue of banks selling insurance at all."

"Does it allow insurance agents to sell banks?"

"No, it does not, Sir."

"What does it do to foreign banks? There's a section in here that says foreign banks, out of state and foreign 244  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 banks. I want to know what it does to foreign banks?"

"It does very little with respect to foreign banks. It gives the commissioner of office, the Commissioner's Office of Banks and Real Estate the authority to further look into foreign bank offices but it does not..."

"Does this raise the fee on my ATM card?"

"No, it does not."

"Does it raise the fees I have to pay for my checking account?"

"No, it does not."

"Does it lower that... every time I walk into a store, especially in Chicago, I see this sign that says, 'We charge $25 for a returned check'. Does it lower that fee? That's an outrage."

"No, it doesn't discuss that and I would suggest that you talk to the retailers about that, Sir."

"Well, you've answered 'no' to everything. What does the Bill do for God's sake?"

"The Bill makes a lot of administrative changes, several technical changes. It provides for certain administrative changes for the commissioner to better regulate the industry."

"To better regulate the industry?"

"To help regulate the industry, yes."

"Representative, how many pages does this Bill have for heaven's sake? This file weighs a pound and a half."

"It's about 140 pages."

"How many?"

"I think there's about 150."

"All right, Representative, I want your word now. It's very important. The hour grows late. We've been on this Floor for I don't know how long." 245  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Hours."

"Is there anything in this Bill that's going to cost me money or raise my taxes or reduce the interest those banks pay me? And it's a pittance, I might add. Is there anything in here that does that?"

"No, Sir."

"Now, are you sure? I have your word?"

"To the best of my knowledge."

"Well, all right. If you're going to answer questions here, Representative, like, 'to the best of my knowledge', I suggest you get Representative Turner to Cosponsor all of your Bills."

"Mr. Brunsvold."

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

"The Lady yields."

"Representative Wood, the licensee, is a license to drive on the left lane?"

"No, no, it's not. Although it's clear that I do have a preference to move people over to the right. This Bill does not address that issue at all."

"What does this have to do with the Left Lane Bill? I thought you had the Left Lane Bill."

"Well, I think I'm working with another esteemed colleague on the Left Lane Bill."

"Who had that Bill?"

"Well, I believe that I was the chief Sponsor and now I am the secondary Sponsor and I'm going to defer to my esteemed colleague who attempted to run the Bill last Session."

"Well, I want you to know that this is the bankers can only drive in the left lane. I'm not for this Bill. Is it that the bankers are the only ones who can drive in the left lane?" 246  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"No, unfortunately, this has nothing to do with vehicular traffic."

"Well, I don't know, Representative. I don't know what happened to that Bill. I gave it to you and now it's gone. It's disappeared off the Calendar and that's... you know, I'm reluctant to give you another Bill. Who gave you this Bill? What banker gave you this Bill?"

"This is actually the Bill from the Agency of Banks and Real Estate. So, this is an Agency Bill, Sir."

"Okay, you know that even makes it worse. I don't know how we can support this Agency Bill. Thank you, Mr. Speaker."

"Mr. Boland."

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

"The Sponsor yields."

"This is a very crucial question here. I hope you followed the earlier debate about soy ink printing because this is your crucial question in gaining several of our supports here. Your seatmate, Moffitt and my vote, will you pledge to us that all of the banks' checks are going to be by soy ink printing?"

"I, unfortunately, cannot speak for all the banks and what they do with their soy bean but I will tell you that I did vote to support the Soy Bean Bill earlier today."

"Okay, thank you very much."

"Mr. Lang."

"I didn't say anything funny yet, Mr. Speaker. You're already laughing. Will the Lady yield? Of course she will. Representative, as I've been sitting here during this debate I've read your entire Bill. It's 125 pages and I had no problem with it until page 123. And on page 123 on line two, it says, 'The filing fee shall be the same as 247  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 for filing articles of merger. What are those filing fees?"

"One moment."

"If you don't know, I think Representative Scully knows. He just told me the answer. He didn't even read the Bill."

"Well, I'll be glad to defer to Representative Scully if he has a verifiable answer."

"Oh no, he wants you to answer. He wants you to answer as well."

"I don't have that information with me right now."

"Well, Representative, it's in your Bill. It says, 'The filing fee should be the same as for filing for articles of merger.' What if that is hundreds and thousands of dollars? Targets on your side of the aisle are not going to vote for that kind of a fee increase. Are you sure you want to subject them to that?"

"I would doubt that this Bill which has no opposition and which is being supported by all of the industry and has been under thorough review by the Office of Banks and Trusts would put any of the targets in that situation..."

"Now, there's no opposition..."

"...on either side of the aisle."

"This no opposition business, Representative Turner can tell you about a Bill that had no opposition going in and a lot of opposition going out. I don't think there are any filing fees in that Bill. Well, there's nothing in here about left lane. Is there anything in here about bank drive-up windows? Do you have to go through them in the right lane?"

"No."

"Well, I'm concerned about a 125 page Bill that has no opposition. Surely, there is somebody that opposes some 248  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 portion of this Bill but unless it's Representative Scully, who is now standing, it wouldn't be me. Thank you."

"The Lady moves for the passage of the Bill. those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 'ayes'; 1 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1289, Mr. Noland. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 1289, a Bill for an Act amending the Food and Agriculture Research Act. Third Reading of this House Bill."

"Mr. Noland."

"Thank you, Mr. Speaker. House Bill 1289 authorizes the Department of Agriculture to retain up to 1% of the total appropriations for the Council for Food and Agricultural Research to offset the meeting expenses for their representatives at the meetings for CFAR."

Speaker Madigan: "The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Should the Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 'ayes'; 1 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1311, Representative Krause. Mr. Clerk, read the Bill."

"House Bill 1311, a Bill for an Act to create the Health Care Purchasing Group Act. Third Reading of this House Bill." 249  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Representative Krause."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I present House Bill 1311, creating the Health Care Purchasing Group Act. What this Act basically does is to merely authorize two or more Illinois employers, including the self-employed individuals to join together to form health insurance purchasing groups. Currently, Illinois law prohibits employees from joining together for the sole purpose of obtaining insurance. This legislation permits them to come together to form these groups and the legislation is intended to improve access to coverage thereby making it more affordable due to the economies of scale. I'll be pleased to answer any questions."

Speaker Madigan: "The Lady moves for the passage of the Bill and on that question the Chair recognizes Mr. Hartke."

"Will the Sponsor yield?"

"The Sponsor yields."

"Representative, is 30 hours considered full-time?"

"I beg your pardon?"

"Is 30 hours considered full-time for employees?"

"I'm not sure how that relates to this Bill, sincerely."

"It's my understanding that it mentions it in the text of the Bill that this would apply to employees who are full-time and then in quotes it says, '30 hours or more'."

"Let me look it up. What line is that on, Mr. Hartke?"

"Well, I'm looking at the analysis and I'm sure the analysis reflects what the Bill says."

"All right."

"It's on page 1, line 20."

"Okay."

"So, from now on full-time employees would be considered by the State of Illinois to be 30 hours or more?" 250  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"No, as far as forming health purchasing groups, it would apply."

"Okay. Other than, that I have no objections but I think that's something we might want to look at and you might mention it to the Senate Sponsor."

"No, I see what you're saying. Yeah, it is in here."

"Well, I mean, 30 hours, full-time employees, that may affect more than just this group. It may apply across the board to all employees and so forth. So I would be concerned about that just a little bit. It may cost the employees a whole lot of money across the state if they are considered full-time employees."

"No, I see what you're saying but what we're looking for here were those that come together to form just these purchasing groups under this legislation."

"You may consider holding it, putting a technical Amendment on it that says this only applies to these groups."

"I realize what you're saying but I think that's clear."

"Okay. Thank you."

"Thank you."

"Representative Mulligan."

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

"The Sponsor yields."

"Representative Krause, by mentioning the 30 hours in the Bill, you're not trying to determine that 30 hours is a full-time worker. You're just saying 30 hours or more... would it be up to the employer who is becoming part of a purchasing group to decide which employees are full-time?"

"Yes, plus this is a voluntary program, is what this is."

"All right, so an employer that perhaps has full-time employees that are 30 hours a week that work flex-time or 251  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 shared-job and could become part of this purchasing group, could designate those employees but it would still be up to the employer?"

"That is correct. It's up to the employer."

"I think this is a really good idea to allow businesses who seem to be really concerned about how they are going to cover insurance to become part of a larger group and I certainly commend you for sponsoring this Bill."

"The Lady moves for the passage of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1315. For what purpose does Representative Lindner seek recognition?"

"I'm sorry, Mr. Speaker, but I did press my button and it went green and I don't know what happened. Would you please let the record reflect that I voted 'aye' on the last Bill?"

"The Chair recognizes Representative Bugielski for the purposes of an admission."

"Thank you, Mr. Speaker, would the record reflect that I would have voted 'aye' on House Bill 1288?"

Speaker Madigan: "House Bill 1315, Representative Clayton. Mr. Clerk, read the Bill."

"House Bill 1315, a Bill for an Act amending the Criminal Code of 1961. Third Reading of this House Bill."

"Representative Clayton."

"Thank you very much, Speaker. House Bill 1315 expands the death penalty to make it explicit that a murderer is eligible for the death penalty if the murdered person is a 252  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 senior citizen or a disabled person. As you know, existing death penalty law provides that a murderer may be sentenced to the death penalty if the murdered victim falls into a number of categories, I believe there are 15 of them. This proposal would amend that to add senior citizen or person with a disability to the list of victims for which the murderer is made eligible for the death penalty. As with all murder trials under current law, the offender shall be sentenced at the discretion of the court even if an offender is found guilty of murder of a senior citizen or person with disability. The offender will not necessarily be sentenced to death. You know, senior citizens and persons with disabilities are particularly vulnerable to combinations of robbery and murder. When a robber is confronted by a victim who is physically frail, and yet can see him and identify him, he may be tempted to silence that victim. There have been examples of that. And a good example is right here in Springfield, a Dr. Henry Dickerman was murdered by an offender who entered the aged man's home. Subsequent to the murder, checks from that retired doctor's check book were forged and cashed by a suspect who was arrested in August 1994. The Sangamon County State's Attorney's office has announced, however, that they cannot seek the death penalty against the suspect because the existing death penalty statute does not cover murders of a single senior citizen unless the victim was murdered as part of a home invasion or under circumstances indicating exceptionally brutal or heinous behavior. This test placed a burden on the prosecution. In the Dickerman case, the victim's body was not found until 25 days later, after he disappeared and the body was in such a decomposed condition that it was impossible to determine the crime's brutality. 253  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 I'd be happy to answer any questions."

Speaker Madigan: "The Lady moves for the passage of the Bill and the Chair recognizes, Mr. Arthur Turner. Mr. Turner, Mr. Arthur Turner." Turner, A.: "This one over here, this Turner. Thank you. Listen, Representative, I'm curious. I sent off for my AARP card and they told me that I'm not quite eligible at this point. So, I still have the application, but I'm wondering why senior citizens and not the ordinary citizen? What is the impetus for seniors only, well seniors and disabled?"

"Representative, the reason being that senior citizens and persons with disabilities are frail people and could be taken advantage of far easier than people who are older or do not have any disabilities. And as I said, many times the murder is in combination with a robbery and the robber of course, is very concerned that that person can identify them at a later, time even though they could not fend for themselves." Turner, A.: "Well, Representative, I would think that murder is murder. If you murder somebody under 60 and you murder somebody over 60, it's still murder. Now, the victim, there's a difference in age and there are those who say the person over 60 by actuarial figures, you know, that technically their days are shorter and I'm not one to predict who goes first, but I don't quite understand the rationale for separating out seniors. And I would hope that my senior community out there does not take offense for me voting 'no' but I would think that my life or the life of a person under 60 years old is just as important than the life of a person over 60. And for that reason I'm going to have to oppose the Bill because I don't see the distinction 254  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 necessarily, between over 60 and under 60, if we talk about life."

"Representative, I couldn't disagree with you at all. But it's just that there is a list, 15 factors already existing in law, this is just adding senior citizens and disabled person to that list." Turner, A.: "I might add that I probably don't agree with all of the 15 factors that are in there but I certainly don't see the need to add another one. And I think that to separate out senior citizens or to do this for seniors and disabled I think is unfair for those of us who are not seniors yet. And I think that my life again and the life of a person under 60 is just as important."

"Mr. Tom Dart."

"Thank you. Will the Sponsor yield?"

"The Sponsor yields."

"Representative, what is the estimate of the number of people, the number of cases this would impact, over the course of the last 10 years?"

"We don't have that number."

"Did the Department of Corrections give you any idea, whatsoever, of the number of people who would be classified under your Bill as senior citizen who would be covered under this Bill now?"

"There's no estimate in their report."

"Okay, and so I mean, I understand and agree with the premise of what you're talking about but we don't have any idea of whether or not this is going to be covering a large group of people or a small group of people at this time?"

"This report does not state that, no."

"I'm sorry?"

"This report does not state that, no." 255  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"And I guess I just have... if you could clarify for me underneath your definition section, when it talks about defines disabled person and it talks about a physical, permanent physical impairment resulting from a disease, injury or functional disorder. What is that limited to or how expansive is that?"

"As you know, the definition in the Bill is, 'A person who suffers from a permanent physical or mental impairment resulting from disease, injury, functional disorder, or congenital condition that renders that person incapable of adequately providing for his or her own health and personal care.'"

"When you talk about permanent physical impairment resulting from disease, would that cover things such as alcoholism and things along those lines?"

"We were thinking in terms of diseases such as Huntington disease or multiple sclerosis, that kind of thing. I guess we would have to check with recent case law to determine if alcoholism would be considered that kind of physical impairment."

"Sure, if you could check and see whether or not alcoholism and drug, substance abuse would be covered, I'd appreciate it. Thank you."

"Mr. Pugh."

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

"The Sponsor yields."

"Yes."

"Representative, can you tell me the genesis of this particular piece of legislation. Most legislation is instituted by a interest group. Can you tell me where this originated or how this originated?" 256  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Well, as I indicated in my opening remarks, this really originated because of a case here in Springfield with a Dr. Dickerman who had been murdered and the body was so badly decomposed by the time they discovered it that they were not able to determine how heinous the crime had been in order to make it eligible for the death penalty."

"So, this one particular incident gave you the idea for the development of this piece of legislation and... is that correct?"

"Unfortunately, there are many murders of senior citizens in the state. This one is the one that has been mentioned. I have received phone calls from other people who are very, very concerned with murders of senior citizens and other fragile people."

"And a senior citizen is one defined in your piece of legislation as someone that is 60 years of age or older."

"That's correct."

"Is there a conflict with that definition and the definition of... that the Federal Government has for an individual that is qualifies for Social Security?"

"This is not the same as the Social Security uses, however, there is a consistent age used in the Criminal Code which is the one that we are using in this Bill."

"And this is not and under any other legislation, under any other legislation if you were to murder someone that was 60 years old, you would not qualify for the death penalty. Under the current legislation if you murdered someone that was 60 years old or older, you would not qualify for the death penalty?"

"It may or may not, depending on the amount of extreme cruelty that was involved and as in the case that I had cited, you could not determine that because the body was 257  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 too decomposed."

"Can you tell me the Department of Corrections' position relative to this? Is the Department of Corrections in support of this particular piece of legislation?"

"They're neutral."

"Pardon me."

"They are neutral. The Department of Corrections is neutral on the Bill."

"Are you aware, Representative, of the number of individuals that are currently on death row that are waiting appeal, that are waiting to have their cases appealed?"

"I am aware there are a large number of people on death row but... and I'm assuming they are there waiting appeal."

"Well, in closing, the number of every individual that convicted of a death penalty offense, has an automatic appeal process. We currently have a backlog that dates back to the 1970's of individuals that are sitting on death row and taxpaying dollars are being attributed to the upkeep or the keeping these individuals on death row. We're also paying insurmountable amount, as a matter of fact, I think it was Representative Jones, passed a piece of legislation that would farm out, that would allow the state to farm out the death penalty appeal cases because of the inordinate amount of death penalty appeals that were currently involved in the system. I submit to you that this piece of legislation would further log or backlog that situation. And if we currently have legislation on the books that covers the death penalty of individuals, be they youth, middle age or senior citizens. I don't think that we currently, that we need another piece of legislation that will further put a hamper in the judicial process. 258  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Thank you."

"The Chair would like to proceed to Roll Call on this question. And the Lady has moved for the passage of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. 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 98 'ayes'; 15 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. The Chair has been advised by Mr. Hannig and Mr. Ryder and Mr. Rutherford that they have entered into an agreement to move two Vehicle Bills that would relate to the Bond Act and so the first of those Bills would be House Bill 108, Sponsored by Mr. Hannig. Mr. Clerk, what is the status of the Bill?"

"House Bill 108, a Bill for an Act to amend the General Obligation Bond Act. Third Reading of this House Bill."

"Mr. Hannig."

"Yes, thank you, Mr. Speaker and Members of the House. This is indeed an agreement between our side of the aisle and the Republican side of the aisle to send two Vehicle Bills over to the Senate to deal with the issue of bonding. Both of these Bills at this time are Shell Bills but we want to be certain that in the case where we would find an agreement by all four Caucuses and the Governor for a Bond Bill before we adjourned that have indeed a Vehicle to attach it to. So the purpose of these two Bills are to insure that we keep the process moving along and I would ask for your support."

Speaker Madigan: "The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Should the Bill pass? Those in favor signify by voting 'aye'; 259  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 105 'ayes'; 5 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1171. Mr. Clerk, what is the status of the Bill.?"

Clerk Rossi: "House Bill 1171, a Bill for an Act amending the General Obligation Bond Act. Third Reading of this House Bill."

"Mr. Rutherford."

"Thank you, Mr. Speaker. This is a continuation for Representative Hannig's comment earlier that we've agreed on sending over Vehicle Bills and to keep the process going, we'd appreciate a favorable Roll Call."

"The Gentleman moves for the passage of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 'ayes'; 4 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. The Chair intends to move several Bills from the Order of Third Reading to Second Reading, therefore, House Bill 32, Mr. Clerk. What is the status of the Bill?"

"House Bill 32 is on Calendar Order of Third Reading."

"Place that Bill on the Order of Second Reading. House Bill 92. What is the status of that Bill?"

Clerk Rossi: "House Bill 92 is on Calendar Order of Third Reading."

"The Chair recognizes Mr. Black." 260  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Inquiry of the Chair, Mr. Speaker. I would assume these Bills are being moved back for purposes of an Amendment?"

"Yes, Sir."

"Well, are these Amendments available to us or will they be distributed at some point in the future?"

"The Clerk advises me that the Amendments cannot be filed until the Bill is on the Order of Second Reading. So, once the Bill is placed on the Order of Second Reading. It would permit the filing of the Amendments and the Amendments will then be referred to the Rules Committee in the normal process."

"And we would get our chance to question at that time?"

"Yes, Sir."

"Thank you."

"Thank you. Mr. Clerk, what is the status of House Bill 92?"

Clerk Rossi: "House Bill 92 is on the Calendar - Order of Third Reading."

"Place that Bill on the Order of Second Reading. House Bill 165."

"House Bill 165 is on the Order of House Bills - Third Reading."

"Place that Bill on the Order of Second Reading. House Bill 232."

"House Bill 232 is on the Order of Third Reading."

"Place that Bill on the Order of Second Reading. House Bill 314."

"House Bill 314 is on the Order of Third Reading."

"Place that Bill on the Order of Second Reading. House Bill 424."

"House Bill 424 is on the Order of Third Reading."

"Place that Bill on the Order of Second Reading. 261  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 House Bill 473."

"House Bill 473 is on the Order of Third Reading."

"Place that Bill on the Order of Second Reading. House Bill 561."

Clerk Rossi: "House Bill 561 is on the Order of House Bills - Third Reading."

"Place that on Second Reading. House Bill 573."

"House Bill 573 is on the Order of House Bills - Third Reading."

"Place that Bill on the Order of Second Reading. House Bill 609."

Clerk Rossi: "House Bill 609 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 650."

"House Bill 650 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 651."

Clerk Rossi: "House Bill 651 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 686."

"House Bill 686 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 735."

Clerk Rossi: "House Bill 735 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 767."

"House Bills 767 is on the Order of House Bills - 262  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 781."

Clerk Rossi: "House Bill 781 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 784."

"House Bill 784 is on the Order of House Bills - Third Reading."

Speaker Madigan: "Place this Bill on the Order Second Reading. House Bill 797."

"House Bill 797 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 838."

Clerk Rossi: "House Bill 838 is on the Order of House Bills - Third Reading."

"Place the Bill on the Order of Second Reading. House Bill 918."

Clerk Rossi: "House Bill 918 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1115."

"House Bill 1115 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1188."

Clerk Rossi: "House Bill 1188 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1211."

"House Bill 1211 is on the Order of House Bills - 263  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1262."

Clerk Rossi: "House Bill 1262 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1337."

"House Bill 1337 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1356."

Clerk Rossi: "House Bill 1356 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1373."

"House Bill 1373 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1561."

Clerk Rossi: "House Bill 1561 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. House Bill 1678."

"House Bill 1678 is on the Order of House Bills - Third Reading."

Speaker Madigan: "Place this Bill on the Order Second Reading. House Bill 1699."

"House Bill 1699 is on the Order of House Bills - Third Reading."

"Place this Bill on the Order of Second Reading. The Chair recognizes Representative Deuchler, for the purpose of an announcement." 264  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997

"Mr. Speaker, the Women's Conference will meet in Room 400 at 9:00, tomorrow morning."

"Are there any further announcements? There being no further announcements, there being no further business to come before the House, allowing perfunctory time for the Clerk, Representative Currie moves that the House does stand adjourned until 1:00 a.m. tomorrow, at 1:00 p.m., 1:00 p.m. tomorrow afternoon and the Chair wishes to thank everyone for their cooperation today. Thank you."

Clerk Rossi: "The House Perfunctory Session will come to order. Introduction and First Reading of Senate Bills. Senate Bill 73, offered by Representative Lang, a Bill for an Act to create the Economic Development Act. Senate Bill 74, offered by Representative Meyer, a Bill for an Act to amend the Workers' Compensation Act. Senate Bill 75, offered by Representative Meyer, a Bill for an Act to amend the Unemployment Insurance Act. Senate Bill 106, offered by Representative Scott, a Bill for an Act to amend the Illinois Municipal Code. Senate Bill 140, offered by Representative Eileen Lyons, a Bill for an Act to amend the Environmental Protection Act. Senate Bill 209, offered by Representative Wood, a Bill for an Act to amend the Collateral Protection Act. Senate Bill 271, offered by Representative Clayton, a Bill for an Act in relation to alternatives in dissection. Senate Bill 304, offered by Representative Noland, a Bill for an Act regarding natural resources. Senate Bill 363, offered by Representative Cross, a Bill for an Act to amend the Juvenile Court Act of 1987. Senate Bill 435, offered by Representative Saviano, a Bill for an Act in relation to special districts. Senate Bill 436, offered by Representative Saviano, a Bill for an 265  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Act to amend the Property Tax Code. Senate Bill 476, offered by Representative Clayton, a Bill for an Act to amend the Child Labor Law. Senate Bill 509, offered by Representative Holbrook, a Bill for an Act to amend the Counties' Code. Senate Bill 528, offered by Representative Joe Lyons, a Bill for an Act to amend the Metropolitan Water Reclamation District Act. Senate Bill 710, offered by Representative Scully, a Bill for an Act to amend named Acts concerning actions on certain notes. Senate Bill 730, offered by Representative Wait, a Bill for an Act to amend the Illinois Vehicle Code. Senate Bill 899, offered by Representative Lang, a Bill for an Act to amend the Illinois Horse Racing Act. Senate Bill 1031, offered by Representative John Turner, a Bill for an Act to amend the Illinois Vehicle Code. Senate Bill 1073, offered by Representative Smith, a Bill for an Act to amend the Illinois Occupational Therapy Practice Act. Senate 1120, offered by Representative Holbrook, a Bill for an Act to amend the Counties' Code. First Reading of these Senate Bills."

Clerk Rossi: "Introductions of Resolutions: House Joint Resolution 19, offered by Representative Deering. House Resolution 84, offered by Representative Julie Curry. House Resolution 85, offered by Representative Wyvetter Younge. House Resolution 86, offered by Representative Julie Curry. House Resolution 87, offered by Representative Monique Davis. House Resolution 88, offered by Representative Biggert. House Resolution 89, offered by Representative Klingler. House Resolution 90, offered by Representative Giglio. These Resolutions are assigned to the Rules Committee."

"Introductions and First Reading of Constitutional 266  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day April 8, 1997 Amendments. House Joint Resolution Constitutional Amendment #13, offered by Representative Bugielski. Be it resolved by the House of Representatives of the 90th General Assembly in the State of Illinois, the Senate Concurring herein that there shall be submitted to the electors of this state for adoption or rejection at the general election next occurring at least six months after the adoption of this Resolution a proposition to amend the Illinois Constitution by adding Section 2.5 to Article III as follows: Article III, Suffrage and Elections, Section 2.5 voting disqualification; mental incompetency. If a person has been judged mentally incompetent by a court with jurisdiction to decide that a person's mental competency and if that person has not been restored to mental competency, as result of record, then that person shall lose the right to vote, which right shall be restored after the person is restored to mental competency as a matter of record. This Constitutional Amendment takes affect upon approval of the electors of the state. The Constitutional Amendment takes effect upon approval by the electors of this State."

Clerk Rossi: "Introduction and First Reading of Resolutions: House Resolution 91, offered by Representative Mitchell. House Resolution 92, offered by Representative Schakowsky. House Resolution 93, offered by Representative Currie and House Resolution 94, offered by Representative Mulligan. The Resolutions are assigned to the Rules Committee. There being no further business, the House Perfunctory Session stands adjourned. The House will reconvene tomorrow in regular Session at 1:00 p.m." 267