Illinois House Floor Debate — April 12, 1997

"The hour of 9:15 having arrived, the House will come to order. The Members shall be in their seats. Unauthorized personnel shall leave the Chamber. We will be led in prayer today by our Doorkeeper, Reverend Leearthur Crawford, with the Victory Temple Church of God in Christ in Springfield. The guests in the Gallery may wish to rise for the invocation."

"Let us bow our hearts. Behold how good and pleasant it is for brethren to dwell together in unity. So we come so humbly before You this morning with weary minds and tired bodies. Yet, also, with an open heart. So with the hearts we realize that how excellent is Your name, and Your tender mercies. How glorious is Your love and Your compassion. How wonderful is Your strength to uphold us, to preserve, to keep us in our right minds. So with this open heart and open mind, we simply say, thank You. Amen."

Speaker Granberg: "We will be led in the Pledge of Allegiance by Representative Connie Howard."

"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. Mr. Cross. Mr. Cross, nice suit."

"Thank you. Are you calling one of my Bills?"

"I think we called all of them, didn't we?"

"No, there are a few out there that we haven't gotten."

"We'll get them today."

"Very kind of you. Representative Ryder requests that he be excused today."

"Representative Hannig."

"Yes, thank you, Mr. Speaker. Let the record reflect 1  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 that there are no excused absences on this side of the aisle."

Speaker Granberg: "One hundred sixteen Members voting present, there is sufficient quorum. The House is hereby convened. The Gentleman from Vermilion, a.k.a. 'Mr. Cub'."

"Yes, thank you very much, Mr. Speaker. An announcement, the Cubs did not lose yesterday."

"And why is that, Mr. Black?"

"They were snowed out and didn't play."

"The Gentleman from Cook, Mr. Lang."

"Thank you. Mr. Black, two things to tell you. First, the Cubs did not lose yesterday, but they only got one less hit than they got the day before. Secondly, on page 201 of Webster's New ______________________________________ Collegiate Dictionary, between the words chutney and Chuvash is the word chutzpa, Yiddish slang, gall or brazenness... As in a political party that advances no Bills, and then later complains that none of them are called, 'chutzpa'."

"The Gentleman from Cook, Representative Burke, for purposes... Representative Burke, for purpose of an announcement. Or, do you want to wait on that? Mr. Clerk, House Bill 623, has it been read a second time?"

"House Bill 623 has not been read a second time previously."

"Read the Bill."

Clerk Rossi: "House Bill 623, a Bill for an Act to amend the Property Tax Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments. A Home Rule Note has been requested on the Bill as amended, and has not been filed."

"All Right. Hold the Bill on Second. Mr. 2  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Clerk, House Bill 693. Read the Bill."

Clerk Rossi: "House Bill 693, a Bill for an Act amending the Property Tax Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments. A State Mandates Note has been requested on the Bill as amended, and has not been filed."

"House Bill 981. Hold this Bill on Second, Mr. Clerk. House Bill 981."

Clerk Rossi: "House Bill 981, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. A State Mandates Note has been requested on the Bill and has not been filed."

"Hold the Bill on Second. House Bill 1121."

Clerk Rossi: "House Bill 1121, a Bill for an Act to amend the Property Tax Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Curry, has been approved for consideration."

Speaker Granberg: "Hold the Bill on Second. The Lady from Cook (Sic-Macon), Representative Curry, Julie. Representative Curry."

"Mr. Speaker, Floor Amendment #1 is just a technical change to the Bill. Basically what this Bill does is provides that if mineral rights have been offered at a scavenger sale for over 10 years the mineral rights then revert back to the surface owner. This Amendment just requires the County Treasurer to notify the County Recorder of Deeds when there is the transfer. I'd be happy to answer any questions."

Speaker Granberg: "The Lady moves for the adoption of Floor Amendment #1. Is there any questions? No one seeking 3  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 recognition. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Hold the Bill on Second. Further Amendments?"

Clerk Rossi: "No further Amendments. A Home Rule Note has been requested on the Bill and has not been filed."

"Hold the Bill on Second. House Bill 1168. (Sic-House Bill) 1168."

Clerk Rossi: "House Bill 1168, a Bill for an Act amending the Illinois Securities Law of 1953. 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."

"Hold the Bill on Second. House Bill 1737."

"House Bill 1737, a Bill for an Act amending the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. A Fiscal Note has been requested on the Bill and has not been filed."

"Keep the Bill on Second. House Bill 2076."

"House Bill 2076, a Bill for an Act relating to the rehabilitation and improvement of school facilities. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments. The Fiscal Notes that were requested on the Bill have been filed."

Speaker Granberg: "Third Reading. Mr. Clerk, what's the status of House Bill 522?"

"House Bill 522 is on the Order of Third Reading."

Speaker Granberg: "Return the Bill to Second. Ladies and Gentlemen, we'll start on the Order of Third Reading. It will be just a few moments. We're notifying Members that their Bills are going to be called. That gives them an 4  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 opportunity to prepare their file. House Bills Third Reading appears House Bill 28... House Bill 38, Representative Dart. Read the Bill, Mr. Clerk."

"House Bill 38, a Bill for an Act to amend the Illinois Municipal Code. Third Reading of this House Bill."

"The Gentleman from Cook, Mr. Dart."

"Thank you, Mr. Speaker, Members of the Assembly. House Bill 38 we had up before. I had pulled out of the record. We had had a lengthy discussion about it. It makes two minor changes in the fast track demolition laws, which would expand it so that it could be used, right now it's allowed to be used for up to two story buildings, residential buildings, it would now be allowed for up to three stories. And it would also be allowed to be used for commercial, as well. It makes no changes, whatsoever, in notice provisions, or any other provisions. It just expands the group of buildings which would be eligible, due to numerous complaints and concerns from community organizations. I've had conversations with Members of the Minority Caucus, and they are, I think have had, and I believe Representative Pugh is going to speak to this, have had most of their concerns addressed. And I would appreciate a positive vote. And I would answer any questions."

"The Gentleman moves for the passage of House Bill 38. On that, the Gentleman from Vermilion, Mr. Black."

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

"Indicates he will. Proceed."

"Representative, I know we've discussed this before, and 5  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 my memory fails me. What safeguards exist under the existing law to protect the owners, and/or residents of a building that is otherwise declared to be open and vacant?"

"There is administrative review process. And within that it has the due process elements of it, which are notices sent out to these individuals, both, I think, mail and publication, I believe. And through that they are informed of any of the proceedings against them prior to any demolition going forward. This is just a... The process itself has worked tremendously in the city, as far as getting rid of crack houses and houses of prostitution, which are destroying neighborhoods. And I think it's interesting because there's been some people that have been writing a lot of studies recently about what a house that has broken windows does for a entire block, and the message it sends out. And this is an effort to get rid of a lot of those buildings. And the due process provisions have been pretty substantial and have worked well so far."

"Okay. So there, in your opinion, there is adequate due process protection, not only for the owner of the building, but for people who may, in fact, still be trying to live in the building, even though it's probably not a very desirable piece of property. But their basic rights are protected under due process in your opinion?"

"Exactly. It's something where it's actually a threefold notice provision that they give right now. And that's all staying in place."

"Let me just ask you a related question because I'm not familiar with how Chicago operates. And I would imagine there are a number of buildings they would like to demolish. But does the city do anything to try and relocate the residents, or build housing, you know, of any 6  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 kind? Or do they just tear it down and people are on their own?"

"Yeah, absolutely. There are programs the city has for relocation of individuals. These houses here, and in this instance would be commercial, have been abandoned and there is nobody living there, and there has not been anybody living there. So, in this instance, for the fast track, there wouldn't be any actual relocation needed. However, they do have extensive programs for relocation in the city for individuals."

"Okay. Thank you, Representative."

Speaker Granberg: "The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman... Speaker. Will the Sponsor yield?"

"Indicates he will." Davis, M.: "Representative, what kind of notice is provided for the owners of the building?"

"At present time, there is notice provisions of mailing as well as the court issues notices as well. When the case is first brought in front of the court, the court issues notices to the parties." Davis, M.: "But where do you mail it if you... how do you know where the owner lives? I mean, how do you know where the owner resides? I'm speaking of people who have had fires in their buildings, and buildings may be boarded up."

"Sure. It's no different than any of the present provisions right now when the city tries to do anything in regards to property owners. It's done through last known addresses, and through the running of land titles, and all the rest of the titles to property to obtain that information." 7  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Davis, M.: "Representative, I have to piggyback on Representative Black's question. And that is, the people who's buildings you're demolishing, where are you promoting that they live? And where are you providing dollars for them to move to? What suburban areas?"

"Most of these properties that I was referring to are properties that are completely abandoned and don't have anybody to be relocated. The city does have programs, though, in which they do try to assist people with housing. And I believe it's the Department of Housing at the City of Chicago, which is in charge of most of that." Davis, M.: "Representative Dart, what percentage of buildings in Chicago do you think are in need of being demolished? What percentage of buildings do you think there exist in Chicago over two stories, three stories, that you feel need to be demolished because they are abandoned and they are being used for crime?"

"As far as the exact percentage I can't tell you, because I can give you the numbers though. The estimates is there will be an additional 2 to 3 hundred buildings that would be able to be demolished as a result of this. And these are properties that have been delinquent. And also, they've allowed, with local community groups, they've allowed to have swaps with them for this land. Because a lot of the communities, they can't afford to knock these properties down, but they want to get these eyesores out of the community and to redevelop them. So, the city's got programs where they will allow for the demolition of the building. And what they will then do is they will swap the property and give it to a local community group." Davis, M.: "Representative, I pass by a number of, what appears to be, abandoned farm houses on the highway from Chicago to 8  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Springfield. As I drive down I-55 I see, what appears to be, a number of abandoned farm houses. Are you saying that the State of Illinois is granting permission to those municipalities to destroy those farm houses, or those barns, based upon the fact that they are abandoned?"

"All municipalities have this power to do that. So, it's not discriminatory against just the city, or against some of the other." Davis, M.: "Representative, my concern, my concern, is with people who, perhaps, cannot repair their property at a particular time because of the high interest rates. You know, they're seeking low interest loans. The buildings are not really abandoned, they're just not livable at the moment because the people don't have the dollars in order to repair them. And I'm going to be very factual with you. What I see happening in Chicago is a movement of a certain group of people off the land. We're tearing down property that people may live in, that people want to have repaired to rent out, they can't get loans to repair this property. Your Bill really should say, let's provide some 3% or 4% loans to people who are not, at this moment, able to pay 8 and 9% to repair property to make homes, or keep living spaces for people in Chicago. I look, listen to me, I look at the Second Ward in Chicago. There are a number of vacant lots where you've torn down property and rebuilt. The property that you rebuilt will never allow those people whose property you tore down to ever come back into that area. The property that you are rebuilding after tearing down this property, are condominiums for $300 thousand. In other words, you're moving a particular group of people off the land in the City of Chicago, and you're making space for much higher income group of people. And I think it's 9  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 wrong. I think we ought to be attempting to assist people who are retired, who bought these buildings a number of years ago, have owned them for 30 and 40 years, but now they're retired, and they do need repairs. But it appears the banks, for whatever reason, are not loaning them money. The interest rates are high. We need to be finding low interest rate loans for property owners in the City of Chicago where the buildings are in dire need of repair, rather than demolishing these buildings. People go to Europe to look at old buildings. We look at the so called 'ruins' of Europe. But in Chicago we say, 'we must destroy this property.' We must destroy the ability of these people to earn an income with property that they bought a number of years ago. This is not a noble intent. It is not a noble intent."

"I take issue at that, Representative. This is noble. The community members in my district, this is abandoned property. These aren't people looking to repair property. These are eyesores. These are ruins. There's nobody there, the property that no one has been in, no one's owned, no one has any intention of going to and repairing. And the people in my area, in the district that I come from, are sick and tired of all these properties that are destroying their neighborhoods, because they're open eyesores where they have gangs that live inside of them, they have prostitution that operates routinely out of these places. And I cannot tell you how many incidents that I've had of children that have been grabbed off the streets and assaulted inside these buildings. And so, they come to me and they say, 'We want to get rid of these buildings.' We want these buildings out.' And I look at them and I say, 'Well, our court system takes four to six years to get rid 10  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 of these buildings. And they say, 'that's wrong, it's wrong, it's wrong.' And I said, 'that is exactly right, and so we're going to change that.' And this is just an attempt to do that. It's a noble effort. This is community groups. There are many programs the city has for low interest loans. Could they do more? Sure, they probably could do more. But there is plenty of programs for this right now out there. And these are properties that are abandoned. Is it once in a while, maybe, when someone might be trying to work on their property and repair it? Possibly. But there are loans and programs for those people. The vast majority of the property we're talking about are the ones that are completely abandoned, no one has any intention of fixing up. And they can't even find the owners most often." Davis, M.: "Representative, are you saying to me that in the City of Chicago that gangs and prostitution can exist without law enforcement preventing what they do in these buildings?"

"Yeah. I mean, as an ex-state's attorney, I can tell you routinely, neighborhood groups will know that there's crime in an area, they'll know that a gang has a particular street corner and they're dealing dope out of. But I know as a states attorney, you have to be able to prove people beyond a reasonable doubt, and you have to get search warrants, which require probable cause. So you can't just routinely run down the street throwing cuffs on people and throwing them in the back of the squad car and taking them to the police station. So, a lot of these places do exist, because you can't just stop them. You can get them for loitering. You can get them for disorderly conduct. But those are misdemeanors, they're Class C misdemeanors. 11  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 They're back on the street in hours." Davis, M.: "Let me ask this, what actually determines, legally, an abandoned property?"

"Under the existing law, it has to be a property that no one has been in or lived in, for I believe it's two years. Yeah, for two years before they can give it this designation." Davis, M.: "All right, no one's lived in it for two years. What else?"

"It's abandoned, there has been no taxes paid." Davis, M.: "All right, no taxes paid. Now, usually, Representative Dart, and I want you to know this is not against you."

"I know. I know." Davis, M.: "Usually, when we have, what do you call it, landlords that don't live anywhere near the property? Absent landlords. They pay their taxes. This Bill, now listen to me good, sweetheart, this Bill does not really get at what you want to get at. That's absent landlords who are using these vacant properties as tax write-off. Landlords who are absent continue to pay the taxes on their property. The building remains vacant, but the taxes are paid. So my question to you is, what is the criteria for the City of Chicago to demolish those buildings? If it's taxes only, you're going to have a lot of them still standing. What else is there?"

"The have to be abandoned and delinquent in taxes for two years. They have to be found to be an unsafe building. And they have to been found to be unsafe and a threat to the community." Davis, M.: "By whom? By whom?"

"By a judge, the person they bring the case in front of in 12  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 a courtroom. And brings the evidence in front of him and says, 'this is the building, no one lives here, no one's paying taxes. There's been prostitution going on in it, it's been used as a crack house. It's unsafe.' I mean, it can't be any more straightforward than that. This is not that little homeowner who's had a bad month and they can't keep up their payments on something. This is two years of abandonment and neglect. This is something where the city affirmatively comes in there and shows that there is prostitution going on in here. There is drug deals going on in here. Kids are getting snatched off the street. You name it, that's what's going on here. As far as absentee landlords, that's another problem. I wish they were not out there doing what they're doing to a lot of these neighborhoods, too. This is to get rid of the immediate ones. Could this affect some of them? Absolutely. Will it affect all of them? No, because some of them are, as you say, paying their taxes. But there's other routes to get them. This is just the fast track for the ones where nobody's around, and no one has been around." Davis, M.: "To your Bill."

"To the Bill." Davis, M.: "I really haven't decided what I'm going to do. I'll decide in a few minutes. And my concern, Representative, as you know, is this fast track destruction of property in Chicago that is owned by the minority, or African-American community. And rather than assist them in repairing or fixing this property up, there seems to be a movement to just clear the land and give them a couple hundred dollars to move to the suburbs. And I just don't think it's right. I really don't think it's right."

"I agree with you, if that's the motive behind people, I 13  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 think that's absolutely wrong. But that's not this Bill. That's not the motive here." Davis, M.: "And I think that the fact that absentee landlords do pay their taxes and will be able to maintain and keep that property that they want that's vacant and abandoned, they're paying the taxes on. You won't be able to do anything about that."

"There are procedures to go after those folks, as well, as I said. But they have to have all... and they might be the ones to come under this law, too, if the property hasn't been paid in two years, it's been abandoned, it's an eyesore, it's been open and notorious, and it presents a hazard to the people in the area." Davis, M.: "Then I understand you have notification to the Representatives, the Aldermen, the State Representatives. And what are our options in reference to doing something about it? And I'll tell you why. There's a large property in the area that you represent that someone in my area wants to open for a business. And I'm concerned that they don't tear that property down before he gets to make it an income producing, tax paying business."

"My understanding is, and the piece of property you're talking about, is there's two people, and I don't even know who both the parties are, fighting over putting... and we're sort of lucky in that sense. There's two people fighting to put something on that piece of property. And frankly, both of the operations, to me, would be tremendous for that area. Get rid of that abandoned property, fix it up, whatever. But get something that's putting tax money and jobs into the area. So as far as I'm concerned, whoever is doing that, I don't really care which one of the two people fighting over it gets the land. But, as far as 14  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 the notice provisions, I believe Representative Pugh is going to comment about that. It's going to be sent out to individuals, leaders in the community, and it would then be incumbent upon them to, I believe, contact the city who, my understanding is, would then work with them to either pull the land, pull the property off fast track, because they have that option, they can take it off then. Or, if they want them to keep it on fast track, but trade the property so it goes through the community group, they can do that, as well." Davis, M.: "But what guarantee do we have after we get the list of looking at it and say, well this really shouldn't be on the list? How do we get it off the list? What guarantees do we have that you'll take it off the list?"

"Well, my understanding from talking to the city is that they're going to try to respect everybody's wishes in regard to this. And it's been my experience, they're really not... they don't get really excited about the fact of upsetting local community people and local leaders over a piece of property. Because I can't emphasize enough to you, when I go to community meetings in my district, the number one concern is the abandoned properties and the crime that goes on in them. So, the thing is is that I believe community leaders are going to be as responsible as the community itself. And they're going to want to get rid of these bad, delinquent properties, as well." Davis, M.: "I'm going to support your Bill, Dart. But I'm one of those who do not believe that as long as you're doing what you do, if you cut me in it's okay. As long as you cut me in we'll keep doing it. I don't believe in that."

"Neither do I." Davis, M.: "I think if it's wrong, it should not be done. So, 15  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 I'm going to support your Bill and watch it very carefully. Thank you."

"Great. Thank you."

Speaker Granberg: "Thank you, Madam. Ladies and Gentlemen, the Bill's on Short Debate. Does anyone rise in opposition? Anyone rise in opposition? The Gentleman from Livingston, Representative Rutherford."

"Thank you, Mr. Speaker. A Parliamentary Inquiry."

"State your inquiry."

"Are registered lobbyists to have access to the Floor during House Session?"

"No."

"Question of the Chair. Are there any registered lobbyists on the House Floor?"

Speaker Granberg: "Mr. Rutherford, if you have someone just indicate to the Chair who that person is."

"I think there may be and slowly exiting."

"Come up to the Chair, Representative."

"Thank you, Mr. Chairman (Sic-Speaker)."

"Thank you. Mr..."

"No, no, no, not finished. That was my Parliamentary Inquiry. And I've got my answer. And I had a question of the Chair, and it's been taken care of. Now, in regards to the Bill. Will Representative Dart yield?"

"Indicates he will."

"Thank you. Representative, does a city have the authority to do what you're trying to accomplish in this legislation, now?"

"Yes."

"Then why do we need the Bill? I mean I'm not being coy. I just want to understand why this is necessary if the city has the authority now?" 16  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"They have the authority to do it, but the statutory language allows them to do it up to a certain level of structure. This expands it by one story, because community groups, which were being faced with rapists and crackheads and gangbangers, were upset by the fact that you could knock down two story buildings, but if it had one more story on it, you were not allowed to do that. They were also getting upset with the fact that just because an abandoned piece of property was commercial in nature, no one's been around it for 10, 15, 20 years, that could be the local gangbangers hangout and the place where prostitution goes on, and where they sell crack out of and where people get abducted into. So, they found that to be a little annoying. They came to me and they said, 'that's what you should be doing down in Springfield.' I decided to do it."

"Okay. In regards to the demolition, then. Who and how is that paid for? Is that done by the city?"

"It's done by the city in whatever manner they decide to do it, whether it they contract out, or whether they do it through their own devices."

"What if there are people, say squatters, or homeless people that are living in some of these abandoned homes? Is there a means to try to encourage them out, find relocation, assistance? Or how does that work, Representative?"

"The city has numerous homeless programs and shelters that routinely, whether it's for abandoned houses, or whether it's for individuals who are sleeping under Wacker Drive in the middle of winter, they actively go out and reach out to these people and try to get them to come into these places. So, that would dispense with squatters or anyone along 17  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 those lines."

"Okay. Thank you, Representative. Mr. Speaker, the reason I made the point I did at the beginning, a couple days ago, we had some registered lobbyists who were on the Floor, and I think that we'd spoken in regards to that privately. And whether one is for a Bill or against a Bill, to have a paid professional lobbyist on the Floor assisting to kill or support a Bill is really, as we all know by Rule 30d, inappropriate. And I do appreciate the Chair's keeping attention to that. And thank you for the opportunity."

Speaker Granberg: "Thank you, Representative Rutherford for bringing that to our attention. They are prohibited from access to the Floor. As with the other day they were removed. The Gentleman from Cook, Representative Pugh."

"Thank you, Mr. Speaker. To the Bill."

"Proceed, Sir."

"There has been two schools of thought relative to the fast track demolition that has been taking place in the City of Chicago. One is that there is an inordinate amount of two flat buildings being demolished in African-American, or minority communities that did not need to be demolished. The other school of thought is that there are an inordinate amount of buildings that do need to be demolished. I represent the latter of the two. And, although there are an inordinate amount of buildings that do need to be demolished, there are quite a few that can be saved. And in our community, there are not-for-profit community-based developers who would like the opportunity to develop those. We have talked with the people from the City of Chicago and they have agreed to make available to us the list of buildings that would be placed on this fast track 18  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 demolition list. They have also agreed to work with us in the building courts to make sure that these buildings are allocated to respectable not-for-profit development organizations so that these properties can be maintained, rehabbed. Therefore, with the agreement from the City of Chicago, I and the Minority Caucus rise in support of this piece of legislation."

Speaker Granberg: "Thank you. Anything further? Anyone in opposition to the Bill? Anyone rise in opposition? The Gentleman moves for the passage of House Bill 38. 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 79 voting 'aye'; 36 voting 'no'; 1 voting 'present'. House Bill 38, having received a Constitutional Majority, is hereby declared passed. The Gentleman from Kankakee, Representative Novak."

"Yes, thank you, Mr. Speaker. Mr. Speaker, Inquiry of the Chair. I refer to House Rule 52, Rules of debate, paragraph (a), subparagraphs 1, 2, 3, 4 and 5. We voted these rules into existence. And I have so much respect for you, Mr. Speaker. But I don't think we're following these rules accordingly. If a Bill is, excuse me, Mr. Speaker. If a Bill is on Short Debate, it says, the debate is limited to two minutes for the principal Sponsor and two minutes for a response. If there are seven Members on the Floor that wish to take the Bill off Short Debate, that rule shall be followed. I mean, we instituted these rules. I think we should follow them. We came here Monday with 1,031 Bills, Ladies and Gentlemen. For those of you who are following this, we are down to 882. We're here for the 19  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 fifth day, so we went through 149 Bills. One hundred forty-nine, out of 1,031. Yesterday, we moved 21 Bills out of this Chamber, 21.In a 10 hour time, that's two every hour. Now, if we're going to follow the rules, let's follow the rules. If it's on Short Debate, let's have it Short Debate. If it's Standard Debate... I don't even see a timer up on the board anymore when people speak. Why don't we have that?"

"We're just trying to accommodate all the Members, Representative Novak. House Bill 110, Representative Poe. Read the Bill, Mr. Clerk."

"House Bill 110, a Bill for an Act concerning public employee pensions. Third Reading of this House Bill."

"The Gentleman from Sangamon, Representative Poe."

"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 110 creates a Public Employee Pension and Equity Act. The Bill, as introduced, contains only a tile for a new Act. It's a Shell Bill, that if something comes out of the Pension Laws Commission, that Representative Hannig is also a Cosponsor. And we have a similar Bill from the Senate. And something that the House can have ready in case we have something to move forward."

Speaker Granberg: "Thank you. The Gentleman moves for the passage of House Bill 110. Is there any discussion? The Gentleman from Washington, Representative Deering."

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

"Indicates he will."

"I couldn't hear all of his presentation on the Bill. But did you say this is a Shell Bill, and it's flying out of here as a Shell Bill?"

"Yes, Sir." 20  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"What's your intent?"

"Just have it there in case something comes out... agreed Bills through the Pension Laws Commission and our committee of Pensions and Regulations, to just add to that. No other intentions."

"Thank you."

Speaker Granberg: "Thank you. The Gentleman moves for the passage. All in favor shall vote 'aye'; all opposed 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, 106 voting 'aye'; 8 voting 'no'; 1 voting 'present'. House Bill 110, having received the Constitutional Majority, is hereby declared passed. House Bill 140. Read the Bill, Mr. Clerk."

Clerk Bolin: "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. Third Reading of this House Bill."

"The Gentleman from Madison, Representative Steve Davis." Davis, S.: "Thank you, Chairman (sic - Speaker), Ladies and Gentlemen of the House. Speaker, excuse me, Sir. Thank you, Speaker. House Bill 140 as amended basically increases the penalty for the offense of unlawful use of firearms by a felon. I'd be glad to answer any questions."

"Mr. Davis, finished?" Davis, S.: "I'd be glad to answer any questions."

Speaker Granberg: "The Gentleman moves for the passage of the Bill. On that question, the Gentleman from Logan, Representative Turner." Turner, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Indicates he will." 21  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Turner, J.: "Representative, if I'm reading your Bill correctly, this would apply only to persons who have been convicted of a felony." Davis, S.: "That's correct." Turner, J.: "Does the Department of Corrections have a position on this?" Davis, S.: "I believe that the Department of Corrections is not real crazy about the Bill." Turner, J.: "Is that because there is some kind of fiscal implication to this Bill? Is there a fiscal impact?" Davis, S: "Yes, there is, Representative. But it has also been amended. I think the new Fiscal Note is going to save the state $171 million." Turner, J.: "Is that $171 million, is that annually, is that over a five-year period? Or is that included within the estimate in the Fiscal Note?" Davis, S.: "I believe that's over a 10 year period, Representative." Turner, J.: "And just before we close out. You raised the penalty from what to what? I can't read my computer. Is it from... Why don't you tell me? From what class of felony to the next class?" Davis, S.: "From a Class III to a Class II. Yes, from a Class III to a Class II Felony, Representative." Turner, J.: "Is there, for conviction of this offense by a formerly convicted felon, is there any possibility of probation, or is this a mandatory sentence to the Department of Corrections if there is a conviction?" Davis, S.: "It's mandatory, nonprobational." Turner, J.: "Thank you, Representative. That's all the questions I have, Mr. Speaker."

Speaker Granberg: "Thank you, Mr. Turner. The Lady from Peoria, 22  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Representative Slone."

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

"Indicates he will. Proceed."

"I'm sorry, Mr. Davis, is this Amendment 1 that we're referring to here?" Davis, S.: "That's correct."

"This shows a fiscal impact of $838 million. Is that right?" Davis, S.: "No, Representative, that's not. That $838,216,600."

"Thank you, Mr. Davis."

"The Gentleman moves for the passage of the Bill. 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, 114 voting 'yes'; 1 voting 'no'; 0 voting 'present. House Bill 140, having received the Constitutional Majority, is hereby declared passed. House Bill 895, Representative Zickus. Representative Anne Zickus. Mr. Clerk, read the Bill."

"House Bill 895, a Bill for an Act to amend the Funeral Directors and Embalmers Licensing Code. Third Reading of this House Bill."

"The Lady from Cook, Representative Zickus."

"Thank you, Mr. Speaker. This legislation amends the Certified Shorthand Reporters Act and prohibits anyone who is not licensed under the Act from using the title 'court reporter.'"

Speaker Granberg: "Thank you. On the question, the Gentleman from Cook, Representative Lang."

"Thank you. Just a Parliamentary Inquiry. Did I understand the Clerk to say something about funeral directors? Do we have the right Bill here?" 23  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Mr. Clerk. Mr. Clerk."

"House Bill 895, a Bill for an Act to amend the Illinois Fortified Shorthand Reporters Act of 1984. Third Reading of this House Bill."

"Thank you, Mr. Speaker. I have no questions."

"Thank you, Mr. Lang. The Lady moves for the passage of the Bill. 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, 114 voting 'yes'; 1 voting 'no'; 0 voting 'present'. House Bill 895, having received the Constitutional Majority, is hereby declared passed. House Bill 45. Read the Bill, Mr. Clerk."

"House Bill 45, a Bill for an Act in relation to taxation. Third Reading of this House Bill."

"The Gentleman from Cook, Representative Dart."

"Thank you, Mr. Speaker and Members of the House. This Bill increases from 30 thousand to 45 thousand the homestead improvement exemption. It's been an exemption that has not been increased in a while. It's an effort to encourage people to invest money in their homes. And I move for its adoption."

"The Gentleman moves for the passage of House Bill 45. On that, is there any discussion? The Gentleman from McHenry, Representative Skinner."

"Where does it raise the homestead exemption, statewide? Does it raise the homestead exemption statewide?"

"It's an improvement exemption for statewide."

"And how much is it going from and to?"

"It's the homestead improvement. It's going from 30 to 45, $15 thousand increase." 24  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"I guess I'll have to vote 'present'. I'm intending to put an addition on my house. I'd have a conflict of interest."

"Any further discussion? The Gentleman moves for the passage of the Bill. 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, 114 voting 'aye'; 1 voting 'no'; 1 voting 'present'. House Bill 45, having received the Constitutional Majority, is hereby declared passed. House Bill 596. Read the Bill, Mr. Clerk."

"House Bill 596, a Bill for an Act to amend the Toll Highway Act. Third Reading of this House Bill."

"The Lady from Cook, Representative Zickus."

"Thank you, Mr. Speaker and Members of the House. Recently, our law enforcement and fire departments were notified by the Illinois State Toll Highway Authority that the Authority had decided to eliminate its official permit cards. These permit cards allowed police and other emergency vehicles to use the toll way system without charge while on law enforcement business. Now the Toll Way Authority will only allow the vehicles to free passage if they have their emergency lights and/or sirens enacted. The end result of their decision is that all law enforcement agencies would be required to pay toll way for the use of the system. And it's really one taxing district paying another taxing district. What this legislation does is it provides that any law enforcement agency vehicle, fire department vehicle, or other emergency vehicle that is plainly marked shall not be required to pay a toll to use a toll highway. It further provides that law enforcement, 25  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 fire protection or emergency vehicle that is not plainly marked must present an official permit card, which they will receive from their respective agencies in order to use the system. The agency must apply to the Toll Way Authority to receive a permit. And the Authority would adopt the rules for the issuance of the permit. This proposal is supported by the Illinois Chiefs of Police, of fire districts, and the Illinois Sheriffs' Association. And I urge an 'aye' vote."

Speaker Granberg: "The Lady from Cook moves for the passage of House Bill 596. On that question, the Gentleman from Kankakee, Representative Novak."

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

"Indicates she will."

"Representative Zickus, when we considered this Bill in committee, you said you'd work on some problems. Can you just answer this one question? Are officers that, let's say, are off-duty and traveling in an official police car or a fire chief traveling in their automobile, if they're going from one place to another, they have to go through a toll, and they're not on duty, do they get to have their toll waived?"

"If they're in a marked car then they would get free passage. On of the things, if you recall, that came up in the committee was proving that they were on official business, so we decided to use the marked car. But then in the testimony, we learned that there are many instances when police or fire have... are in unmarked cars or plain clothes."

"Representative, I'm sorry, Mr. Speaker. But, maybe I didn't hear you correctly. If I'm a police officer and I live in the Village of Schaumburg, and I'm allowed to take 26  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 my car at home at night, I see the Representative from Schaumburg just stood up, and I have to go through a toll and I'm on... it's after my shift and I'm going home. Am I allowed a waiver on my toll? Or do I have to pay a toll?"

"You're in a marked car, you would be allowed a waiver. Because basically you are on duty 24-hours a day. If, for instance, our sheriffs, if they take their automobiles home, from the minute they leave their driveway until they get to their destination they are on duty."

"What about a building... let's say a zoning officer, or a code enforcement supervisor that drives an official car for the Village of Schaumburg with the city seal on the side."

"This is police, fire, emergency vehicles."

"Okay, thank you."

"Thank you. The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To the Bill. This Bill... The Sponsor has worked out the difficulties that I think we had in the Transportation Committee. And I think what we need to do here is to send a very clear message to the Toll Way Authority. Now here's an entity that once or twice a year gets in the newspapers all over the state, at one time or another they've given free passes to everybody whoever thought about working for the Toll Way Authority. And God knows, if you're on their board, you don't pay anything. And for years, until the newspaper put a little light on it, if you were an office holder anywhere in the Northern part of the State of Illinois, well God knows, you could ride for free on the toll way. But the arrogance of this agency saying that no a police car, a fire truck, or an ambulance had to pay a toll, unless they had their lights 27  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 and sirens on. But that same car, if there were an accident or a fire, would be expected to respond to that accident or fire, whether or not they were on official business. That's why they're there. That's why they have radios. In fact, it helps the Toll Way Authority patrol the roads. I would send a clear message to the Toll Way Authority, it's time that maybe you cooperate with emergency vehicles, and maybe you can stop the perquisites that board members and office holders have received for years, letting them travel for free on the toll way. I hope we can send this out of here with a near unanimous vote and tell the Toll Way Authority to get real."

Speaker Granberg: "The Lady moves for the passage of the Bill. Representative Biggins."

"Thank you, Mr. Speaker. I am kind of surprised that, maybe I'm not surprised, a downstater who doesn't pay tolls for anything, blast the toll way. Those that use the toll way don't like paying the tolls, to the former speaker, the former Legislator. But we use them, we pay for them. You ride on free roads all over this state, away from the Chicago Metropolitan Area. And you're blasting the Authority that makes people pay as they use it. Well, get a life and get into the real world, because we suburbanites pay for those tolls, we ride on them and you get your free rides, and your gas tax, and your Road Fund, and you don't care about Northern Illinois. All you care about is free rides from the government."

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

"You know, Representative, you'd be dangerous if you had any idea, if you knew what the hell you were talking about. If you want to get personal, that's okay with me. I'll 28  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 take off the coat, and I'll roll up the sleeves, and you and I can go at it. For your information, Sir, my daughter lives in Aurora. And I go up there about four times a month, and I pay the tolls. Now if you want to ask whether or not I pay the tolls, you can ride with me the next time I go up there. My daughter works in Batavia, she pays them everyday. The only point that I try to point out was your administration of the Toll Way Authority seems to be able to give everybody in the state a free pass, but not firemen, not policemen, and not ambulances. That's ridiculous."

Speaker Granberg: "The Lady moves for the passage of the Bill. This Bill is on Short Debate. 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, 116 voting 'aye', 0 voting 'no', 0 voting 'present'. House Bill 596, having received the Constitutional Majority, is hereby declared passed. Representative Burke, for purposes of an announcement, the Gentleman from Cook."

"Thank you, Speaker. Last evening I received a phone call from one of my colleagues over here, Bob Bugielski, from his car phone to advise me that, and it wasn't a hands free either, no it wasn't, to advise me that the Dean of this House is today, he's celebrating his 105th birthday. So this morning in our committee, after I conferred with Representative Rutherford on the rules of the committees, and he decided he was going to discover something we could do to honor this occasion. He advised me that along with the Chairman's opportunity to create subcommittees, we also had another privilege, and that was to declare, proclaim a 29  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 day. So, I decided to exercise that prerogative and declare today to be Ralph Capparelli Day in Springfield. And I want to congratulate our colleague on his birthday. And I know that I have the support of all my colleagues here. And I know that Representative Wojcik wanted to lend her remarks on this important proclamation."

"The Gentleman from Washington, Representative Deering."

"Ladies first."

"Ladies first."

"He's a lot bigger than you are."

"Listen, after I had to listen to that I think I have some right here. I'm afraid to even say anything."

"I'm sorry. Representative Wojcik, for what reason do you arise?"

"Actually, I just want to say that the morning is rather exciting, and the pain in the back of my head is pounding. But nothing could make me feel better than to look across the aisle and see my wonderful friend, the Dean of the House, Ralph. We can say happy birthday to you, Ralph. May you have many more. And may we live to be 115."

"It's only 105, Kay. It's only 105."

Speaker Granberg: "Thank you, Representative Wojcik. The Gentleman from Cook, Representative Bugielski."

"Thank you, Mr. Speaker, Members of the House. As my seatmate, it is a great honor for me to get up and wish the best for Representative Capparelli, who is the Dean of the House, who came down here in 1970, was elected in 1970. We have to respect our elders. And for our younger Members here, I know that you weren't even born then, but it is interesting to find out to hear the stories of how it used to be in 1970. But I must disagree with Representative 30  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Burke, because Representative Burke mentions that he is 105. But I know that is not true because, I think Ralph's here to live a very long life, because his mother is 99 and will be celebrating her 100th birthday in a few months. So I know that Ralph is taking after his mother, and she's going to be a hundred. So, there's many more years for Ralph, too. Congratulations, Ralph Capparelli."

"Thank you, Mr. Bugielski. The Lady from Cook, Representative Zickus, for what reason do you arise?"

"Thank you, Mr. Speaker. I would join in the special wishes on this special anniversary of the Dean's 39th birthday. Thank you for making our world a better place. Thank you."

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

"Thank you, Mr. Speaker and Members of the General Assembly. My leader, my friend, my seatmate, and I also call him my grandfather, because he used to change my diapers. So, I have become very close to my grandpa. I have learned a lot from him. I have been sitting here for the last eight years next to him. And we have become very, very close friends. He has demonstrated down here that he is a leader, that he is someone to be looked up upon. And I would like to just say, Ralph, congratulations, God bless you, and keep it going. Thank you."

"The Lady from Cook, Representative Davis." Davis, M.: "I would just like to say, congratulations to Representative Capparelli. Many of you don't know it, and he might not want me to tell it, but I've gone to him for advice on many occasions. And his advice has always been the same, and it was, have fun kid, have fun."

"Thank you. The Gentleman from Washington, 31  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Representative Deering."

"Yeah, Representative Capparelli, all congratulations and everything on your behalf. However, Cap, one thing, as you grow a year older, you're suppose to kind of settle back and relax. Would you come out of retirement and help coach the House softball team? Because since Mr. Brunsvold took over, we haven't done worth a darn."

"The Gentleman from Cook, Representative Lang."

"Thank you. I want to add my good wishes as well. But I was wondering if Ralph would stand up, being the only person who has done this, and tell us what it was like to work in the Old State Capitol?"

"Mr. Clerk, Committee Reports."

Clerk Bolin: "Representative Schakowsky, Chairman from the Committee on Labor and Commerce, to which the following Bills and Resolutions were referred, action taken on April 12, 1997, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #1 to House Bill 1063, Floor Amendment #2 to House Bill 1195, Floor Amendment #1 to House Bill 1337, and Floor Amendment #1 to House Bill 1627. Representative Gash, Chairman from the Committee on Judiciary II Criminal Law, to which the following Bills and Resolutions were referred, action taken on April 12, 1997, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #2 to House Bill 1356, Floor Amendment #1 to House Bill 2138. Representative Eugene Moore, Chairman from the Committee on Revenue, to which the following Bills and Resolutions were referred, action taken on April 12, 1997, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #2 to House Bill 524, Floor Amendment #3 to House Bill 525, and Floor Amendment #2 to House Bill 601. 32  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Representative Julie Curry, Chairman from the Committee on State Government Administration, to which the following Bills and Resolutions were referred, action taken on April 12, 1997, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #1 to House Bill 621, and Floor Amendment #1 to House Bill 1251. Representative Burke, Chairman from the Committee on Executive, to which the following Bills and Resolutions were referred, action taken on April 12, 1997, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #3 to House Bill 473.

"Concluded, Mr. Clerk? Anything further?"

"Nothing further."

Speaker Granberg: "House Bill 153, Representative Brunsvold. Representative Joel Brunsvold. Read the Bill, Mr. Clerk."

"House Bill 153, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of this House Bill."

"The Gentleman from Rock Island, Representative Brunsvold."

"Thank you, Mr. Speaker and fellow drivers. This is the perfect Bill to call on Saturday, the day we're going home for a day and a half. This Bill has been around the House and the Senate for a little bit. It is the left lane Bill. Representative Wood had it for awhile. And, Mr. Speaker, I would like Representative Wood to close if she would on this fine piece of legislation. Now picture this, you're going home, and you're going down the interstate, up the interstate and you're in the left lane and you're moving right along, and then someone is sitting there in the left lane by a truck going 55 miles an hour. Traffic backed up for two miles, the person in the car in the left lane may be fixing their hair, reading a book, being on the 33  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 cell phone, totally disrupting the flow of traffic. This Bill says that you can't do that. You must pass the car and then go over to the right lane and not obstruct traffic. And I think this is a pet peeve of mine, and most people in this Chamber. And also, I've heard a lot from citizens out there in my district, and I'm sure your district too, that don't like that when they get on the rural interstates only, and say get out of that left lane, you're obstructing traffic. And that's what this Bill does. I ask for the passage of 153, Mr. Speaker."

"The Gentleman moves for the passage. On that question, the Gentleman from Madison, or the Gentleman from Logan, Representative Turner." Turner, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Indicates he will." Turner, J.: "Representative, what will the penalty be under your Bill if someone is stopped and convicted?"

"The Department of Transportation helped write this. It would be a moving violation." Turner, J.: "And what's the penalty for a moving violation?"

"What? I don't know, $75." Turner, J.: "Wouldn't a moving violation be... I'm sorry, I couldn't hear you?"

"Yes, Sir." Turner, J.: "Would not a moving violation be a petty offense?"

"Yes, fine only." Turner, J.: "Your Bill then would, if I understand the Vehicle Code, would allow a penalty up to $5 hundred?"

"I don't think so." Turner, J.: "That's incorrect? It's not a penalty of up to $5 hundred?"

"I don't know who would charge somebody $5 hundred for 34  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 a moving violation." Turner, J.: "Well, if this is a serious matter, someone driving in the left-hand lane, serious enough for a police officer to pull them over, serious enough for a police officer to issue a ticket and require a court appearance, then I would presume that the court may, indeed, impose a fine in order to deter the type of conduct that you're outlawing here today. And it's my understanding under the Vehicle Code, that it could be up to $5 hundred. But you've indicated you're not certain on that?"

"No, it's a regular moving violation. I think it will be treated as such. When you go into court for a speeding offense, it would be similar." Turner, J.: "Well, let me ask you this, does your Bill have a provision in it which would require the Department of Transportation to put up signs so that people will be put on notice that if they drive in the left-hand lane at 64 miles per hour that they'll be violating the Illinois Vehicle Code?"

"They would be... This would be treated as any other Vehicle Code stipulation. I intend this to be more of an educational process. I really don't believe there's going to be a lot of violations for this. And it will be part of an educational process." Turner, J.: "Well, my question is, as far as putting someone on notice that they could be fined up to $5 hundred. Now, we've got signs on the highways that tell us what the maximum speed limit is. We've got signs on the highway that tell us when there is a minimum speed limit. Are we going to have signs to put the motorists who are visiting from out-of-state, or those who don't hinge on every word here in that State of Illinois, that we do in the House of 35  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Representatives, and just aren't aware of the law? How are they going to know? Are we going to put signs up to let them know?"

"No more, Representative, than you put signs up for all the other stipulations in the driving manual. You see speed limit signs on the road, yes. But you don't see a lot of the other signs on the road dealing with the drivers' instruction book saying you can and can't do this. You don't see a lot of signs up on that either." Turner, J.: "Well, I agree with you. But there's a difference here. If you're driving down the highway and it says that the speed limit is 65, you're going to presume that that is the law. And if you're going 64 miles per hour, you're going to think you're driving within the law. So, if there's going to be something contrary to what the posted speed limit is, don't you think you ought to put motorists on notice? Don't you think you're going to have to require signs to be put up in order to enforce this?"

"Well, right now, I mean, there are provisions in the law, not strict provisions, that do say you should pass and pull over to the right. This just simply enforces that and makes it a little stronger. And, no, I don't think you need to do that." Turner, J.: "In your Bill, the language says, that 'no vehicle shall obstruct the normal flow of traffic by being driven to the left of another vehicle for an excessive length of time.' Now, that certainly is not a term of our,... What do you mean by excessive length of time?"

"In order to obstruct traffic. I mean, you can drive in the left lane if you're not obstructing traffic. You're not there an excessive length of time." Turner, J.: "Okay, but what is an excessive length of time? Is 36  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 it 10 seconds, is it 20 seconds, is it five minutes?"

"There's no amount to it, Representative. You can drive in the left lane if you're not obstructing traffic. If you're obstructing traffic then you've been there too long." Turner, J.: "Is the obstruction of traffic, then, for one second if you're in the left-hand lane and someone comes up behind you? There's got to be a time limitation on it. Someone is going to make a determination what the excessive length of time is. Is it going to be the police officer?"

"Absolutely. A police officer has to use a lot of judgement when he's on the road. The state police support this Bill. He's going to have to make a judgement, if you're over there and there's one car behind you and you're slowing that one car down, that's not a real problem. And he would not make that judgement. If you've got two miles of traffic behind this individual, I'd say, yes." Turner, J.: "You would say, yes. How about the police officer who pulls up behind someone and they've been there for five or six seconds, and they are obstructing traffic. Is that going to be deemed an excessive period of time? Can a stop be made for that?"

"This is totally up to the trooper on his highway duty. He makes a lot of these decisions during the day, on whether someone is breaking the law or not. And I think that's a common sense of the state trooper that will be on the road." Turner, J.: "Well, to the Bill. I guess that's my problem with this Bill, Representative. I have a hard time thinking that an elderly person, and a lot of times it is an elderly person, driving in the left-hand lane, who is not going to know that we passed this Bill, and probably won't see it in 37  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 the newspaper. They're going to be driving along at 64 miles per hour, based upon a sign they saw that said the speed limit is 65, they're not going to know they're breaking the law. But under your Bill, they're going to be breaking the law. And the police officer is going to have the right to pull them over, and stop them, and issue them a ticket, require them to go to court. And it might be my grandpa, it might be yours. But I just don't think this is a good idea. I think that if you're going to have this type of speed limit exception, or speed limitation, then you have to mark it. I think, to Members on your side of the aisle, I know when you look at this it sounds like a good idea. But when you study the issue, it really doesn't make a lot of sense. Now, yesterday we did a lot of talk, talking about the First Amendment. Well there's a Fourth Amendment, too. And a motor vehicle is not like a home, certainly, but it does deserve a lot of protection. And I understand what the Representative is trying to do. But you are giving police officers just another reason to stop motor vehicles, motor vehicles driving 64 miles per hour. The Representative is absolutely correct, it's going to be completely within the discretion of the police officer whether or not he or she wishes to stop you. Once they've stopped you, of course, we know that the law is that they can ask if they can search the vehicle. Now, most people don't understand that they can say, no, to that request. But we're going to have a lot of stops now, pursuant to discretion. We can already have stops for the tail light being out, the light on the license plate being out. Now, if somebody's going 60 to 64 miles per hour, they can be stopped. I'm telling you, I think that this is a Fourth Amendment question. I'm not saying it's a violation of the 38  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Fourth Amendment. I'm just saying it certainly derogates Fourth Amendment rights when you allow this kind of stop. Another problem I have with this Bill is the language, 'excessive length of time.' It's ambiguous, it's vague and it's over broad. And I think that that should be worked upon if you truly want this Bill to become law in the State of Illinois. I think posting requirements are necessary. I also don't think that this Bill accomplishes what we want to do in the State of Illinois with regard to driving on our highways. This promotes impatience. It does not promote being patient and courteous. What it does is promotes someone coming up behind a driver who may be in the left-hand lane, and honking at him, or pulling over to the right-hand lane and, perhaps, causing an accident. It's not the person going 63 or 4 miles per hour causing the accident, it's the person that speeds. I just don't understand how this works as far as promoting patience and courtesy on the highways in the State of Illinois. I also think for the Republicans, who voted against frivolous lawsuits, that the individual who is driving in the left-hand lane now at 64 miles per hour is going to be breaking the law. And so when someone comes up behind them and swerves over and hits another individual, that individual is going to have a cause of action to file a suit now, not only against the person that swerves over, but against the person who's going 64 miles per hour in the left-hand lane. So they can get sued, too. And will the lawsuit be successful? You bet ya, because they broke the law, because they're going 64 miles per hour in the left-hand lane. It's derogation of the Fourth Amendment, Democrats, Republicans. It promotes frivolous lawsuits. That's exactly what this does. It does not promote 39  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 obedience and courtesy on the highway. It does just the opposite. There's no notice to motorists. They're not going to know what the speed limit is. They're going to think they're driving within the law. When an elderly person from your district gets stopped for going 64 miles per hour, and gets drug into court, you explain to him why you voted for this goofy proposal. And maybe they will only get fined $25. But maybe the judge is going to be in a bad mood and fine them $250. It's too high, if we're going to do this, you should at least limit the fine. It shouldn't be up to $5 hundred. Vote 'no'."

Speaker Granberg: "The Gentleman from DuPage, Representative Tom Johnson." Johnson, Tom: "My friend John Turner has... Will the Sponsor yield? I'm sorry."

"Indicates he will. Proceed." Johnson, Tom: "My friend John Turner, I think, has said most of it. But for those of us who live in the suburbs, there's one provision in here that concerns me even more. And that is, what is the definition of rural?"

"Representative Brunsvold." Johnson, Tom: "Would you wake him up?"

"He's awake." Johnson, Tom: "Okay. Joel, how do you define rural?"

"It's defined by the Federal Government on rural interstates. And in Chicago or in the suburbs..." Johnson, Tom: "What is that definition? When does the road become rural?"

"When the Federal Government on its designation says it's rural." Johnson, Tom: "I have not seen any signs between here and Springfield. When I leave my home in West Chicago, and I 40  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 get on I-88, and I start heading west, or I get in on 55."

"Your speed limits would indicate that, Representative. Could I ask you, Representative Johnson? Did you and Mr. Turner stay up all night working on this merely Bill?" Johnson, Tom.: "He stayed up. I went to bed."

"This Bill had total support of Mr. Wait's Transportation Committee. In fact, they were all Members. All of a sudden, we have all this problem with this, and I don't understand it. Maybe you can explain it to me." Johnson, Tom: "Well, maybe Mr. Turner's on Transportation. He should have listened. I'm not on that committee. I'm just concerned about this definition of rural. You say that the feds... Are we going to mark, at least, the highway to tell me, as a city boy or a suburbanite, when I get in to rural territory? Tell me when I get there, so I know when I have to pull over."

"When the speed limit goes from 65 to 55." Johnson, Tom: "You say that's what it is. Okay, so, can we at least add that on the signs that say, when we get to 65, you are now rural, stay to the right?"

"That's the definition we're using."

Speaker Granberg: "The Gentleman moves for the passage of the Bill. Representative Wood to close."

"Thank you. Today, I rise in support of this Bill in a bipartisan era. Today, I rise in support of this Bill, in an era of bringing regional interests together. Contrary to popular opinion, this Bill does not encourage people to go smoking down that left lane. Motorists are still required, still required to follow the law and the speed limits, regardless of which lane they are in. Out-of-state motorists are required to follow the laws of Illinois on 41  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 our roads, as they are with any other law. And this law will permit law-abiding citizens to be safer on our roads. With respect to the excessive length of time, I do agree with the leader that it is up to the judgement of the particular officer, as it is with any other traffic violation, as it is when you are stopped for going too fast for conditions of weather. Contrary to popular opinion, this does not encourage people to go faster on our roads, it encourages our roads to be safer. And as evidenced by 16 other states that have restricted the use of the left-hand lane, I respectfully urge your support for this Bill."

"The Gentleman moves for the passage of the Bill. 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, 80 voting 'yes', 32 voting 'no', 2 voting 'present'. House Bill 153, having received the Constitutional Majority, is hereby declared passed. House Bill 1211, Representative Meyer. Representative Jim Meyer. Read the Bill, Mr. Clerk."

"House Bill 1211, a Bill for an Act in relation to parent-sponsored school organizations. Third Reading of this House Bill."

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House, House Bill 1211 amends the Solicitation for Charity Act to provide that any parent/teacher organization or other parent-sponsored organization is operated for the purpose of providing support to school-related activities for students is exempt from the Act. Also amends the 42  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Charitable Trust Act to provide that the Act does not apply to parent/teacher organizations, or other parent-sponsored organizations that are operated for the purpose of providing support to school-related activities for students. I'd be happy to answer any questions."

"The Gentleman moves for the passage of House Bill 1211. On that, there being no one seeking recognition, 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, 116 voting 'aye', 0 voting 'nay', 0 voting 'present'. House Bill 1211, having received the Constitutional Majority, is hereby declared passed. House Bill 218, Representative Deering. Read the Bill, Mr. Clerk."

"House Bill 218, a Bill for an Act amending the Illinois Vehicle Code. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Washington, Representative Deering."

"Thank you, Mr. Speaker. I'd like to defer the Bill to Representative Black. He put an Amendment on the Bill that became the Bill yesterday. And I'm sure he would like to inform the Members what the Amendment does."

"The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. I'll very briefly tell you what the Amendment does. The first portion of the Amendment repeals a, something that I put into a Conference Committee Report last week. And it does, again, point out the differences between downstate and the more heavily populated areas. I had police chiefs and fire chiefs... When we passed the law that said you cannot go through a 43  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 flashing red light at a railroad crossing, or if the gates were down, you could not go around the gates. In the downstate area, where we may only have three or four trains a day, and our signals often don't function properly, it is not unusual for our emergency vehicles to get out and take a look, and in the flat prairie you can see for miles. So if it was an obvious malfunction, they would go around the gate or through the red light. And so, I attempted to codify this in law. And we did so. The Railroad Association came back after this fall and said, you know, this really is a bad idea. We know what you're trying to do, but it increases our liability to a point that we're just not comfortable with it. And it was never my intent to let somebody get away with, it was clearly a police and ambulances and fire trucks only, with lights and sirens on. But because of the liability, I agreed to repeal that. So, that's what we're repealing. The other three sections that we're repealing are because of Federal Law and regulation that preempt the state's ability to regulate. And that is a railroad facility and agency that related to shipping and receiving, and railroad rate-making. The Illinois Commerce Commission had the ability to regulate these items at one point, but that has since been preempted by the Federal Government as they have done with almost every aspect of railroad operation. So, the repeal of these items is essentially nonsubstantive since the ICC hasn't really had the ability to do that. And I would ask you to also concur in repealing a section that I had put in there at the request of some of my police and fire officials. It just isn't going to work. I'd be glad to answer any questions you have."

"Thank you, Mr. Black. Representative Deering 44  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 moves for the passage of House Bill 218. 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, 116 voting 'yes', 0 voting 'no', 0 voting 'present'. House Bill 218, having received the Constitutional Majority, is hereby declared passed. 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. Third Reading of this House Bill."

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

"Thank you, Mr. Speaker, Members of the House. House Bill 678 is an issue that was brought to me by the Illinois Beer Distributors. This Bill passed out of committee unanimously with some opposition from the breweries. We attached an Amendment to this Bill on the House Floor a couple days ago that took away the opposition from the breweries. This is the Beer Venue Bill. What this Bill does is our beer distributors in this state get sued out-of-state, they'd have to hire outside counsel, go out there, bring the lawsuit back to Illinois. This would make it a law in Illinois that the lawsuit must be filed in the State of Illinois as the Bill is amended. There is no known opposition to this Bill, and I would ask for a favorable vote. Thank you."

"The Gentleman moves for the passage of the Bill. The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. I rise in support of House Bill 678. When this Bill first 45  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 was shown to me, before it came to the Judiciary Committee, I wasn't so sure it was a great idea. But after talking to the Sponsors and the proponents and now knowing that they have discussed it with the original opponents and straightened it out with the Amendment, this is a Bill we should all support."

Speaker Granberg: "Anything further? The Gentleman from Cook moves for the passage of House Bill 678. On that question, 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 voting 'yes'; 0 voting 'no'; 0 voting 'present'. House Bill 678, having received the Constitutional Majority, is hereby declared passed. House Bill 156, Representative Lopez. Representative Edgar Lopez. Read the Bill, Mr. Clerk."

"House Bill 156, a Bill for an Act amending the Unified Code of Corrections. Third Reading of this House Bill."

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

"Thank you, Mr. Speaker. House Bill 156, amends the unified Code of Corrections. It requires defendants, who are convicted of certain sex offenses and other offenses relating to crimes against children, to pay for medical, psychological or psychiatric treatment or foster care, if the child victim is placed in foster care, as a result of the offense. I ask for a variable Roll Call."

Speaker Granberg: "The Gentleman from Cook moves for the passage of House Bill 156. On that question, is there any discussion? No Members seeking recognition, all in favor shall vote 'aye'; all opposed shall vote 'nay'. The voting 46  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 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, 116 voting 'yes'; 0 voting 'no'; 0 voting 'present'. House Bill 156, having received the Constitutional Majority, is hereby declared passed. House Bill 688, Representative Black, the Gentleman from Vermilion. 688 (sic- House Bill). Mr. Clerk, read the Bill."

"House Bill 688, a Bill for an Act amending the Fire Protection District Act. Third Reading of this House Bill."

"The Gentleman from Vermilion, Representative Black."

"Yes, thank you, very much, Mr. Speaker and Ladies and Gentleman of the House. This Bill was brought to me by the Fire District Trustees Association. And in rural areas, it is getting harder and harder to find seven people to serve on a fire district board or if they had a five member board, you know, they are just getting harder and harder to find people that want to serve on those. So, what they have asked, the statutes were silent, in that they could go for a referendum to reduce the size of the board, say from seven to five or five to three. That is all this Bill does. It has been amended at the request of Representative Lang and others to clarify, that if you reduce the size of the board by public referendum, those trustees currently serving under the old board, will serve out their terms before the new ones begin. I would be glad to answer any questions you have."

Speaker Granberg: "The Gentleman Moves for the passage of the Bill. Is there any discussion? The Gentleman from Knox, Representative Moffitt." 47  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Thank you, Mr. Speaker. Representative, just a question. By referendum, could they take it back up to seven, if at some point that district grew, they had a subdivision move in and they decided that, you know, that years down the road, they wanted to change it back? Could they do that?"

"Yes. We are not changing the current law, that allows them by referendum to go to a bigger board, but the statutes were silent about going back to a smaller board. So, that is all we are allowing them to do is to go back to a smaller board. And the law stays intact allowing a larger board, if they so desire."

"Thank you. It sounds like a great Bill."

"The Gentleman from Vermilion Moves for the passage of House Bill 688. 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, 113 voting 'yes'; 0 voting 'no'; 0 voting 'present'. House Bill 688, having received the Constitutional Majority, is hereby declared passed. House Bill 82, Representative Lang. 82(Sic-House Bill), 182 (Sic-House Bill). Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 182, a Bill for an Act to amend the Criminal Code of 1961. Third Reading of this House Bill."

"The Gentleman from Cook, Representative Lang."

"Thank you. As amended, Mr. Speaker, Ladies and Gentleman of the House, this Bill is a Bill that has been worked on for a number of years. Representative Gash had it, previously. This is a Bill that will keep weaponry away from our schools and our parks. The Amendments that were put on were recommended by the Republican side of the 48  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 aisle. I know of no opposition, and I ask for your support."

Speaker Granberg: "The Gentleman Moves for the passage of House Bill 182. On that question, is there any discussion? The Gentleman from Logan, Representative Turner." Turner, John: "Will the Sponsor yield?"

"He indicates he will. Proceed." Turner, John: "Representative Lang, is this the Bill where I'd made the inquiry about the hunter, who perhaps had a long gun in the car, forgot the case, got within a 1000 feet of a school on the way home. And I would ask you whether or not that would now, under your Bill, become a Class I Felony? Has that been corrected? Am I correct? This is that same Bill?"

"I believe it is the same Bill. And last I heard, your staff people had signed off on all the language in this Bill, Sir." Turner, John: "I'm not trying to give you a hard time. I haven't had a chance to talk to staff. I just want to make sure that under the scenario that I just described, that won't become a Class I Felony."

"Yes. That is correct."

"Anything further?" Turner, John: "Just a minute. Representative, I'm trying to look at the Amendment. Could you tell me the page and the line, so that I can find where you have increased the penalty and make sure that language does not include the activity that is concerning me here, that I have described earlier?"

"Well, I'm not exactly sure what you are asking me, Representative. So, maybe you could..." Turner, John: "Well, there is a place in here where you increased the penalty to a Class I Felony. I'm trying to find that." 49  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Representative, the area that you are talking about, if I understand it, is already against the law. We are simply changing this from a Class III Felony to a Class I Felony." Turner, John: "Again, Representative, I'm just making sure, I want to know what I'm voting on here. I'm looking at what I think is the final version at, it would be page five, line 24. And I think that is the place where you're increasing the penalty from a Class III Felony to a Class I Felony."

"That is correct, Sir." Turner, John: "And that, of course, is at the bottom of Section 1.5. As, I then peruse the page up to the top to see what offenses are going to be included, it looks like to me, that 24-1 (A)10 will now be a Class I Felony and 21, excuse me, 24-1 (A) 4. Am I correct?"

"Well, Section 1.5 discusses the Sub-Sections that we're referring to, and you read them correctly. Yes, Sir." Turner, John: "All right, Lou. Here is my problem. And I have raised this, this isn't the first time I have raised it. I raised it in committee, and I raised it the other day on the Floor. The way I read your Bill, if a person drives by a school in a motor vehicle, and that person happens to be a hunter and fails to put the long gun or the shot gun back in a case, and on his or her way home drives by this school within 1000 feet, they now are committing a Class I Felony. And I'm not suggesting that forgetting to put that gun in the case is a good thing. It should be a penalty. And it should be against the law. But if they have no intent to use it, and they simply have been out on an innocent hunt, I just don't think it should be a Class I Felony. And even though I have raised that concern before, I think that is still in the Bill, Representative." 50  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Well, you raised it before. It is still in the Bill. It is against the law today to do that. I'm enhancing the penalty for doing that. And one other thing that should be added is that the NRA has not objected to this section of the Bill." Turner, John: "I appreciate that, Representative. But, frankly, regardless of whether the NRA is for the Bill or against the Bill, at least in my area, in a rural area, it does happen that a person may go hunting and forget to put their gun in a case. And they may live in town. And when they go back to town, if they have had a long gun out hunting and have absolutely, no criminal intent of any kind, whatsoever, but failed to case it and then drive by a school, come within 1000 feet of a school, I don't think that should be a Class I Felony. And even though I like your idea in this Bill, I wish you would have taken that part of it out. Because of that, I'm sure that I will be the only one here, but I'm not going to vote for it, because of that. But I appreciate what you are trying to do."

"You may not be the only one that feels that way, but, I certainly will discuss this with you, if I should be so lucky as to pass it. We can possibility discuss an Amendment on that one narrow issue in the Senate, Representative." Turner, John: "Thank you, Representative."

"Anything further? The Gentleman from Cook, Representative Durkin."

"Will the Sponsor yield?"

"He indicates he will. Proceed, Sir."

"Representative, will the, will the violation of this offense for first time offenders, is that a probationable 51  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 or non-probationable Class I Felony?"

"We will check for you. We are going to have to check this in the statute, Representative. Give us moment. Do you know the answer? Do you want to save me some time? You really don't know the answer. All right, we will be right back to you. I will just do a tap dance, while we are waiting. As you know, Representative, sometimes questions are asked and the interrogator knows the answer in advance."

"Well, that was the first rule of law school, was that, don't ask a question, unless you know the answer. But today I'm violating that rule."

"But we will be right back with you. But while we are looking for this answer, Representative, there may be a clue in the Fiscal Note. So, the Fiscal Note estimates that this will increase our prison population over 10 years by nine people. So, if that is the case, I have to assume, it is probationable."

"Thank you. Next question. Would a youth, would a minor between the age of 16 and 17, would a violation, someone who is charged with this offense, would they qualify as an automatic transfer for the case to be transferred from the juvenile court automatically to the adult court for prosecution?"

"With one of the Amendments that was added, we made it very sure that a minor could be tried in an adult court for violation of this."

"The thing is, there is a distinction between a discretionary transfer and an automatic transfer. So, an automatic transfer there is no 'may' or 'can'. It needs to be 'shall'. If we were going to make it an automatic transfer, then it should be, the language should be 52  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 'shall'."

"If I'm reading the Amendment properly, the Amendment says that the juvenile court definition of a minor does not apply to a minor who is charged under this. Accordingly, the minor would go directly to the adult court."

"Thank you very much. This is a good Bill. And I commend the Sponsor for the hard work that he has done. I urge an 'aye' vote."

Speaker Granberg: "The Gentleman from Washington, Representative Deering."

"Thank you, Mr. Speaker. Will the Sponsor yield? Representative, I noticed in our analysis, that apparently, the correctional impact on this Bill is only nine inmates. Is that correct?"

"Yes, over 10 years."

"Nine inmates over 10 years, is the only ones that will get convicted of this?"

"That is correct. Well, my goal here, Representative, is not to put people in jail. It is to make schools safe."

"Well, I understand. But it would seem, common sense would seem to tell me that we would have, with all the gangbanger problems and everything we have, we would have more of an impact on the correctional industry or on the Department of Corrections."

"I might have thought that myself. But this is what the department says. So, I'm willing to live with their response."

"Maybe that concealed carry legislation already scared them out of the area."

"Could be."

"The Gentleman Moves for the passage of the Bill. All in favor shall vote 'aye'; all opposed shall 53  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Moffitt, 'aye'. Mr. Clerk, take the record. On this question, 102 voting 'yes'; 8 voting 'no'; 4 voting 'present'. House Bill 182, having received the Constitutional Majority, is hereby declared passed. House Bill 367. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 360, House Bill 367, a Bill for an Act to amend the Fair and Exposition Transfer of Funds Act. Third Reading of this House Bill."

Speaker Granberg: "The Gentleman from Adams, Representative Tenhouse."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. House Bill 367 is a Shell Bill. And I think it is agreed to by both sides of the aisle. And really all that it does is allow us to have a vehicle that we can use for funding for county fairs. Right now, we are in the middle of negotiations with different county organizations, as well as the Department of Ag. and other Members. And we would like to move this Bill to the Senate pending negotiations. I would ask for a favorable Roll Call."

Speaker Granberg: "The Gentleman Moves for the passage of House Bill 367. 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 'yes'; 9 voting 'no'; 1 voting 'present'. House Bill 367, having received a Constitutional Majority, is hereby declared passed. House Bill 251. Mr. Clerk, read the Bill."

"House Bill 251, a Bill for an Act amending the Illinois Pension Code. Third Reading of this House Bill." 54  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"The Gentleman from Rock Island, Representative Boland."

"Thank you, Mr. Speaker, Members of the House. House Bill 251 amends the Downstate Teacher Retirement System Code to add a second elected annuitant to the Board of Trustees, the TRS Board. At present, there are 10 members of this board. The State Superintendent of Education is the Chair, four are appointed by the Governor, four elected by active teachers, and only one is elected by the retirees themselves. This Bill is supported by the Illinois Retired Teachers Association, IFT and IEA. It has been approved by the Pension Laws Commission. And there is no fiscal impact."

Speaker Granberg: "The Gentleman Moves for the passage of House Bill 251. On that question, is there any discussion? No Members seeking recognition. 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, 114 voting 'yes'; 0 voting 'no'; 0 voting 'present'. House Bill 251, having received the Constitutional Majority, is hereby declared passed. House Bill 863. Read the Bill, Mr. Clerk."

"House Bill 863, a Bill for an Act relating to torte immunity. Third Reading of this House Bill."

"The Lady from Cook, Representative Lyons, for what reason do you arise?"

"Thank you, Mr. Speaker. Can you record that I would have voted 'yes' on 251, House Bill 251?"

Speaker Granberg: "The record shall so reflect, Representative. Representative Winters. The Gentleman from Winnebago. Representative Turner in the Chair." 55  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Thank you, Mr. Speaker and Ladies and Gentleman of the House. House Bill 863 amends the Tort Immunity Act by limiting the use of the Tort Immunity Fund to paying damages but not equitable remedies. There have been numerous abuses where taxing districts are starting to move their operational and other maintenance functions over to the Tort Fund, where there is no limit on the levy, and is an abuse of the tax system. And we try to restrict the use of this to paying damages, but not remedies. I would be happy to answer questions." Speaker Turner, A: "The Gentleman Moves for the passage of House Bill 863. Are there any questions? The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A: "He indicates he will."

"Representative, does this apply to the fund statewide or only to the Rockford School District?"

"This applies statewide, because we have heard cases of abuses from many taxing districts around the state, not just one specific one."

"Let me try to get my thoughts in order here. The Rockford School district is under a Federally Court Mandated Desegregation Plan. Isn't that right?"

"That is correct."

"Are they then using the Liability Fund to comply with the costs of the Federal Mandate?"

"Yes, and that is one reason why 15 thousand taxpayers in the last year have protested their taxes, claiming that the use of the Tort Fund, in this case, is unconstitutional. The spending in this case is $25 million a year. The total cost now is over $100 million. There 56  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 has been an additional $48 million in certificates of participation that were passed shortly before the tax, excuse me, tax caps take effect."

"Has there been any lawsuit filed as to whether or not this is an applicable use of the Tort Fund?"

"Yes, it was filed, I believe four years ago. It is still in the process of litigation. The problem is that the funds are being spent as the school district receives them. There is no holding back of these monies to pay the lawsuit in case that it does end up in the protesters' favor. So, we are trying to call a halt to it as quickly as we can so that additional millions of dollars are not spent illegally."

"I guess the thing I'm concerned about, it would seem to me that if this were a court order, then it would stand to reason that the district would be liable to carry out the order of the court. And therefore, it would be an applicable use of the fund. Evidently, that isn't the way the people of your area view it. Right?"

"Absolutely, a good parallel is a very similar lawsuit, which was filed against the Chicago School District the Chicago School District was not allowed to use the Tort Fund. They are simply doing it out of their ordinary operations and maintenance funds, their capital funds that they normally can expend. The Rockford Schools, however, have used the Tort Fund. And we feel it is illegal, and we are trying to restrict it to paying actual, to paying damages rather than be used to pay remedies. A good example would be a municipality, which has not maintained its roads. It has some large potholes, a car goes through it, breaks the axle on the car. Under the tort liability, the way that this Bill is drafted, the municipality would 57  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 continue to be able to levy without limit, anything that would pay for damages. So, the car, the health of the driver would be covered. But what would not be covered is the repair of the pothole. That is an operational expense that should be covered outside of the Tort Fund. It should be covered by ordinary levies that the taxpayers have approved. What you have here is a situation where the taxing district has no incentive to fight in court to withstand these additional taxes. Because if they lose the court case and are ordered to spend the money through the Tort Fund, they do not need to go through referendum. They have an unlimited levy without taxpayer approval. We are trying to restrict them. They can pay the damages. But the remedy of the case, the pothole that needs to be fixed, should be handled out of the road fund rather than their Tort Fund."

"So, okay. With your explanation, then I understand. Now I understand why the Municipal League probably signed in opposition. Because this Bill eliminates any usage or abuse of the Local Government Tort Fund, period, not just schools, cities."

"It deals with, yes, every taxing district, not just schools."

"Okay. All right. Okay. Thank you, Representative."

"Certainly." Speaker Turner, A.: "The Gentleman from Cook, Representative Pugh."

"Thank you, Mr. Speaker. Will the Sponsor yield for a question?" Speaker Turner, A.: "He indicates he will."

"Representative, can you tell me the genesis of this piece of legislation? Why do you see the need for it?" 58  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"I see the need, because the entire legal system is set up on the basis of two different sides, both battling it out in court to see which one is correct. When a taxing district, whether it is a school or municipality or county government has no incentive to fight, they simple roll over and plead guilty. And with the way that the Tort Fund is set up, if they receive the dollars that are ordered for remedy, then they have an incentive to actually plead guilty. We need to put it back to the place where they want to fight and protect their taxpayers. Right now, they don't have that incentive. And this would correct that inequality."

"And the remedy, the remedy that we are attempting to seek, is one of equity. Is that the remedy that we are speaking of?"

"No. It is not specifically targeted toward discrimination lawsuits. What we are finding is a school district that is in need of money and is starting to shift its expenses over to the Tort Fund. They are paying for part of the salary of the superintendent, of the principals, they are paying for playground supervisors. They will paint the lines on a parking lot or plow the snow off a parking lot. These are operational expenses. And we are trying to say that is not where they should get the money from, because they don't have any limit on their levies. They should go back to the taxpayer and ask for higher spending at referendum."

"You stated that this does not specifically designate the prohibiting levying of taxes to desegregation suits. But does it? Will desegregation lawsuits be affected by this? And could you answer that question first of all?"

"It would limit equitable remedies to fix a problem, 59  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 excuse me. Let me explain a little further if I can. It would limit those in all cases, but it would not limit damages. So, that a person, who is damaged can recover absolutely anything that they would be entitled to. Now, a judge could still order a remedy, but the way that it is funded, it changes. That is all this does, is change how the funding takes place. As I mentioned before, the Chicago School District had a parallel situation with Rockford, but was not allowed access to the Tort Fund. And what I'm trying to do is say that is the correct model to use. Use your normal bonding, your normal operational funds that you have available through taxpayer approval, instead of doing an end run around them raising the tax rate and giving it to the taxpayer in the backdoor without even a possibility of a referendum."

"So, in essence, if this Bill, if this Bill passes, the likelihood of equitable remedies being applied to desegregation lawsuits or any of those kind of remedies would be limited according to this piece of legislation. Is that correct?"

"The judge would still have the perfect right to make whatever equitable remedies he sees fit. He simply could not fund them from the Tort Fund, he would have to have the taxing district fund them from their normal operating and capital development funds. It would still give him any right that he has to order remedies. It just changes how the funding takes place."

"So, what other resources, what percentage, what percentage of the resources are represented in this Tort Form that would be available, what percentage of equity, what percentage of equality are we limiting as a result of this piece of legislation?" 60  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"There is no percentage. If you are looking for a mathematical number, I can't give you anything. I don't know how to answer the question. Again..."

"Let me say it like this then. Are we or, are we not, through this piece of legislation, limiting equity?"

"If you are looking at minority equity, it doesn't have anything to do with... It is a different type of term. Equitable remedy is to fix potholes. That is an equitable remedy. To rebuild staircases, because they are too slippery or too steep, that is an equitable remedy. When you look at equitable remedy, that doesn't deal, it is not dealing in the law with minority equity, which I think is where you are coming from."

"Are there any other, is there any other opposition other than the Municipal League at this time, that you are aware of?"

"Did you have a question? I'm sorry I didn't hear."

"Are you aware of any other known opposition?"

"I'm aware of opposition from many taxing districts, the Municipal League, the Large Unit Districts, the Metro Counties, the school management. I believe it is the school board management. Those are the ones that I'm aware of. But again, those are taxing districts that don't want to have their hands tied. They are getting around the statutory limits that we have put on their tax levies. That is what they are trying to preserve. It is a illegal use of the Tort Fund, we are simply codifying that, making sure that they understand the Tort Fund is to be used to pay damages, not to fund all of the wonderful programs that they would like to do, but that they can't get the voters to approve."

"Thank you. To the Bill. The Sponsor of the Bill probably 61  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 and is very well-intentioned, but when you talk about, when you speak to the fact that the Bill is prohibiting equitable remedies or relief, I don't think that we, as Legislators, are in the business of limiting equity. Our positions should be to provide equity or bring equity to the State of Illinois. Any kind of legislation that limits, that is working directly in opposite of what we were elected to do. And therefore, I humbly request that those individuals who are working to provide an equitable state or an equitable citizenry in the State of Illinois should be in opposition to this piece of legislation as I am. Thank you." Speaker Turner, A.: "The Lady from Cook, Representative Krause."

"Thank you, Mr. Speaker. On a Point of Personal Privilege, could I ask the House of Representatives to welcome from Mt. Prospect, 65 students from the Lincoln Middle School and Mr. Luft. To extend a welcome to them." Speaker Turner, A.: "Up in the Gallery. Welcome Lincoln Middle. The Gentleman from Boone, Representative Wait."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. I stand in strong support of this Bill. This is a case where the Federal Judges are totally out of control on the Rockford School District. It is one thing to take and reshape the size of the pie itself and the distribution of the dollars. Nobody has any objection to that. But when you expand the size of the pie without going to the voters, that is totally wrong. In fact, we are about ready to have the Boston Tea Party up in the Rockford area. This is truly taxation without representation. So, again I stand in strong support of this Bill, because basically what they are doing is just spending money on high-priced consultants and attorneys. And it really it's not even benefiting the 62  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 kids and the education. Thank you very much." Speaker Turner, A.: "The Gentleman from Winnebago, Representative Scott."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. As a former municipal attorney, you might think it is a little strange that I would rise in support of this Bill, but I do for very practical reason, that has come home to roost in my particular district. I'm a supporter of the desegregation suit in Rockford. And I have taken a lot of flack over that. There was some serious wrongs that had gone on for a period of decades in the Rockford District, that desperately needed to be righted. Unfortunately, this is the wrong fund from which to fund a remedy such as that. The Tort Immunity Fund, if you look at it in the Act, was never meant to pay for equitable remedies. And this is really a clarification of that. We talk about equitable remedies. Equitable remedies is a legal term of art, which is very different than what Representative Pugh was discussing earlier. And again, this is something that desegregation suit or some of the other lawsuits that have been brought, philosophically, I'm very much in support of, because they are righting wrongs, and that is very necessary. But this is the wrong fund to pay this out of. It is an unlimited fund. And what it has led to is abuses, not only in Rockford, but you are starting to see it all over the state, now. And, if it hasn't come to your district, it will, get ready for it. It may be with the jail. It may with a another school situation. It may be with ADA Suit, where all of a sudden a particular city now, has to redo all of their sidewalks to meet ADA code. And they are going to pay for that out of the Tort Immunity Fund? That is not what it is there 63  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 for. If some person or some entity is awarded damages as a result of a particular suit like this, pay them out of the Tort Fund. That is what it is for. This Bill doesn't stop people from having insurance and paying for that out of the Tort Fund. It doesn't stop them from paying their lawyers or a portion of their administration out of the Tort Fund. It simply stops the abuses that we are seeing, where lawyers throughout the state in the plaintiffs bar look at the Tort Fund as a cash cow. And if it hasn't gotten to your area, it will. And it is a terribly divisive, awful thing for a community to go through when this fund gets paid. This matter was taken up before the Federal Court. And the Federal Court District Judge said in effect, that, and the argument was, whether the Torte Fund was appropriate to fund these remedies. He said, as it's, he didn't believe so, but as it is written, he thought that was an appropriate fund that could be used the way the statute was written. But, he said, if the General Assembly chooses to want to change that, they can. That is what this is about. We are trying to codify what we all think the law has really been and eliminate this loophole that people are now using to fund what basically goes for a lot of lawyers and a lot of consultants. And I would ask everyone to vote 'aye'." Speaker Turner, A.: "The Gentleman from Winnebago, Representative Winters to close."

"Thank you again, Mr. Speaker, Ladies and Gentleman of the House. This is, it is a critical vote to protect the taxpayer. Many, many school districts, municipalities, counties, other forms of government are abusing the Tort Immunity Fund. They are shifting their operational expenses over to this fund. It is illegal to use it that 64  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 way. This codifies what is absolutely, it is unbelievable that these taxing districts are doing what they are doing to the taxpayers. They are doing it without referendum, without approval of the voters. I urge an 'aye' vote. Thank you." Speaker Turner, A.: "The question is 'Shall House Bill 863 pass?' All in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question... on this question there are... on this question, there are 59 'ayes'; 44 'nays'. Does the Gentleman request Postponed Consideration? On this question there are 59 voting 'aye'; 44 voting 'nay'; 8 voting present'. And this Bill, having failed to receive the Constitutional...the Gentleman requests Postponed Consideration of this Bill. And this Bill will so be placed. The Gentleman from Champaign, Representative Johnson." Johnson, Tim: "I would appreciate it, if the electrician would check my switch. As you can tell, I'm here. I have been here through the debate. I pushed the green button, and it didn't work. So, I would appreciate it, if the electrician could check it to make sure. That would have been the sixtieth vote. I would like the record to reflect that I would have voted 'yes', had my electricity worked. And, since on Postponed, I will have another opportunity, perhaps later today, to vote for it." Speaker Turner, A.: "You are absolutely correct, Representative. And the electrician, who is working today, will certainly be there. Proceeding to the Order of House Bills - Third Reading. We have House Bill 1589. Read the Bill, Mr. Clerk." 65  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

Clerk Bolin: "House Bill 1589, a Bill for an Act to amend the Illinois Domestic Violence Act of 1986. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Cook, Representative McKeon."

"Thank you, Mr. Speaker. I rise in support of House Bill 1589, which amends the Illinois Domestic Violence Act. According to the current Act, when the court is unavailable at the close of business, a petitioner may file for a 21 day emergency order before any available circuit judge or associate judge, who may grant relief. What this Bill does, Mr. Speaker, is it requires the Chief Judge of the Circuit Court to designate for each county at least one judge to be reasonably available to issue orally by telephone, by facsimile or otherwise, an emergency order of protection, whether or not the court is in session. And, Mr. Speaker, as I am sure you are well aware, that following an arrest for domestic violence, while the defendant is in custody is the optimum time for a survivor of domestic violence to have that offender served with an emergency order of protection. This Bill has widespread support, including the Illinois Sheriffs Association. It was written in conjunction with the Cook County State's Attorneys Office, the Chicago Police Department. And I urge your support of this Bill." Speaker Turner, A.: "Seeing no questions, the question is 'Shall House Bill 1859 pass?' The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. A question or two of the Sponsor, if he will yield?" Speaker Turner, A.: "Sponsor indicates he will."

"Representative, the Amendment #1 has been adopted to the 66  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Bill. Is that correct?"

"That's correct, Representative."

"And that Bill, that Amendment becomes the Bill?"

"That is correct. It did not change the substance of the Bill as stated, but provided a mechanism for the implementation of the Bill."

"And the Bill applies to all judicial circuits in the state, not just the circuits in Cook County, correct?"

"You are correct, Representative."

"Can you define, there is an interesting sentence or two in this Bill, 'requiring a judge to be reasonably available at all times.' Do you have any particular definition in the Bill of that, so that the judge will be available to issue an emergency order?"

"Representative Black, the requirement for the judge to be reasonably available at all times comes from the existing Act. What my Amendment does, is direct the Chief Judge to appoint at least one judge to be available on a on-call basis for the purpose of issuing an emergency order of protection. It merely extends the existing language that you referred to."

"So, you are satisfied that we don't have any definitional problem on 'reasonably available'. I sometimes wonder, sometimes I have a hard time finding judges. I just was curious."

"That is the major purpose of the Bill. As you note, Representative Black, the Act says be 'reasonably available'. In some areas, maybe such as yours, that might be finding someone down the street sitting in a restaurant or whatever. This Bill states that the Chief Judge 'shall appoint' a member of the court to be available on an on-call basis, 24 hours a day to respond to the request for 67  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 an emergency order, such that the defendant potentially, can be served with the emergency order, prior to being released on bond."

"As far as you know, the administrative agency of the Illinois Courts are, have they taken any position on this Bill or the Bar Association?"

"When I presented the Bill in committee, the State Bar Association indicated their support, the others have not taken a position either for or against the Bill."

"Just two more questions, Representative. And I appreciate your response. Your Bill mentions 'custodial law enforcement agency', and our staff tells us that that is unclear, that perhaps by legislative intent, you could clarify what is meant by 'custodial law enforcement agency'."

"Representative Black, what is really creative about this Bill, and only two other states in the country currently have this legislation, is that it provides a victim of family violence, a victim of domestic violence, where in circumstances where an arrest has been made and a person is in custody, the reference to custodial, that you refer to, can be served with an emergency order of protection prior to being released on bond or bail. And what my technical Amendment did at the request of the sheriff, police and State's Attorneys Office was make it clear to the custodial unit that they were not required to keep this person in custody longer than the statutorily defined time, if in fact, they were not able to serve them with that emergency order. So, it protects the custodial agency."

"Okay. Representative, staff also points out, that there is a drafting error on page 10, line 12. You might want staff to make sure that is corrected in the Senate." 68  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Were you aware of that drafting error?

"Yes, Sir."

"Okay. Just one more question and off the subject, Representative. Do you represent Wrigley Field, is that in your legislative district?"

"No, I do not represent Wrigley Field. It is within walking distance of a few blocks, but Representative Feigenholtz has that honor."

"So, you are within walking distance of Wrigley Field, and this is your first term?"

"This is my first term. And, as you well know, it is my first Bill."

"Well, Representative, what I would like to ask you to do, this is your first term and you are within walking distance of Wrigley Field, this is you first spring down here. Since you have been here, the Cubs haven't won a game."

"That is correct."

"Could you please excuse yourself from the General Assembly until they win six in row?"

"No, Representative Black, I will not make that sacrifice even for the great Chicago Cubs."

"Well, thank you, Representative. Once again, Mr. Speaker, we see the inability of the freshman class to cooperate and to do anything a collegial mode. I mean, if the owner of Billy Goat's Tavern, can sacrifice a goat or do whatever it is that they are trying to do to lift this curse, the least this Representative could do, would be to excuse himself from coming down here until the Cubs win six in a row. Something has to be done to lift this curse, either that or have Representative Feigenholtz resign, one of the two. I would have hoped the gentleman in his freshman year, could have accommodated us on this issue. 69  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 But again, I'm, I'm just, I'm amazed at this freshman class. They are just the most, they are very uncooperative. This isn't much to ask for. For heaven sakes, it has been 89 years, since we have had a World Series at Wrigley Field. And I did call the Wrigley Field today, and they have assured me, that if Representative McKeon would just simply stay home, that they will guarantee us that they will win a World Series by the time Hale-Bopp reappears. And so, since he won't do it, we will just have to do the best we can. And I do appreciate the Gentleman's forthright answers to a very complicated Bill, which I don't think a freshman should be carrying, but that is another issue." Speaker Turner, A.: "Representative, it is probably that tie you are wearing today, that he feels will make the difference, and so that is why he is sticking around. Representative McKeon, to close."

"Thank you. I would appreciate the House's favorable vote on this Bill. Thank you very much." Speaker Turner, A.: "The question is 'Shall House Bill 1589 pass?' All in favor should vote 'aye'; all opposed 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 112 voting 'aye'; 3 voting 'nay'; 0 voting 'present'. And the Bill, having received a Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Kenner. For what reason do you rise?"

"Mr. Speaker, I have a problem with my buzzer over here. If I could be recorded as a 'yes' on that last vote." Speaker Turner, A.: "That same electrician, we shall send your way. And the record will so reflect. The Lady from Cook, 70  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Representative Zickus. For what reason do you rise?"

"Yes, Mr. Speaker, I wish to be recorded as a 'yes'." Speaker Turner, A.: "The record will so reflect. I wonder, if the hours we are working have anything do with these switches today. On the Order of Postponed Consideration, we have House Bill 863. Mr. Clerk, what is the status of that Bill?"

Clerk Bolin: "House Bill 863 has been read a third time, previously. The Bill is on the Order of Postponed Consideration." Speaker Turner, A.: "I think, Representative, the Gentleman from Winnebago, Representative Winters."

"Thank you, Mr. Speaker. I think we have had fairly full discussion of the Bill. One question came up very quickly, insurance would be allowed under this Bill. We have no indication it would not. Yes, I would simply ask for a favorable Roll Call." Speaker Turner, A.: "The Lady from Cook, Representative Davis." Davis, M.: "Mr. Speaker, I have requested that a Bill of mine that is on Postponed Consideration, be considered. And you know exactly what you told me last night. Now, Mr. Speaker, I do believe that my legislation is important. And to this Bill, to this Bill, I would like to say, there is a desegregation order by the Federal Government in Rockford. And I believe this school district is attempting to comply with the Federal Government's request. Is that right?"

"Yes." Davis, M.: "So, if you remove their ability to use these dollars, what will they do?"

"They will do the same thing that Chicago is doing right now. They will use their other funds to make sure that 71  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 every student is educated equally." Davis, M.: "What other funds?"

"The other $180 million that they have in their normal operations. The other funds that the voters have said is proper for schools to spend." Davis, M. "By them using these particular dollars, what are they placing at risk?"

"I don't understand the question." Davis, M.: "Thank you, Mr. Speaker, I mean Rep..." Speaker Turner, A.: "The Gentleman from Cook, Representative Morrow."

"Yes, thank you, Mr. Speaker. I have an Inquiry of the Chair." Speaker Turner, A.: "State your inquiry."

"We have over a 1000 Bills to be considered within the next week. I'm all in favor of every Member having their Bill heard and voted on, on the merits. This Bill was given consideration 20 minutes ago. And I think that, that is a violation of other Members' rights, who have not had their Bills heard one time, to allow this Bill to be heard a second time on the same day." Speaker Turner, A.: "Representative, I understand your inquiry. There was a technical problem. As you noticed, on the last couple of Bills, we have had people, who said their switches are not working, there was proponents for the Bill and so forth, is that reason that we are now hearing this Bill a second time. I assure you that it is the intent of the Chair to call every Member's Bill. That is our reason for being here today and being here through the hours of 10:00 p.m... every day next week. The Gentleman from Effingham, Representative Hartke."

"Will the Sponsor yield for a question?" 72  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Speaker Turner, A.: "The Gentleman indicates he will."

"Mr. Winters, does this proposal also apply to other school districts, such as Champaign and Decatur?"

"In the interest of a full debate on this thing, and because we have some questions about the electrical, whether the switches are working properly today. On a close vote like this, I would like to replace this, as other people have suggested, put it on Postponed Consideration, if we can hear it again next week before Wednesday."

"It's on Postponed Consideration. I think, you only got one shot and that is right now. You've had one, this is two. Unless, you can find a rule."

"Your question was whether it affected other school districts. It certainly affects every taxing district that uses the Tort Immunity Acts."

"It affects every taxing district in the State of Illinois. That is what I thought. So, I think that has a bearing on what is happening here." Speaker Turner, A.: "Representative Winters, Representative Winters. Representative Winters, is it your intent to take this Bill, out of the record?"

"I understand that if I take it out of the record now, it is not on Postponed Consideration. Let's go ahead and run with it."

"Well, I may be wrong. I may be wrong, Representative. You might check the Parliamentarian."

"Question of the Chair. If we leave it on Postponed Consideration, can it be reheard then?" Speaker Turner, A.: "Yes, the Bill is on the Order of Postponed Consideration, currently."

"I think, he indicated he wanted to pull it Out of the 73  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 record."

"Yes, let's pull the Bill out of the record at this point." Speaker Turner, A.: "The Bill shall be removed, remain on the Order of Postponed Consideration. Out of the record. Seeing to the Order of House Bills on Third Reading. House Bill 125. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 125, a Bill for an Act in relation to taxes. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Cook, Representative Santiago."

"Thank you, Mr. Chairman (Sic-Speaker) and Members of the General Assembly. House Bill 125 would create a tax check-off for the American Diabetes Association. This check-off would allow taxpayers to contribute an amount of not less than $1 from their refunds. I will be more than happy to take any questions." Speaker Turner, A.: "Is there any discussion? Seeing none, Representative Santiago to close."

"I ask for a favorable consideration. Thank you." Speaker Turner, A.: "The question is 'Shall House Bill 125 pass?' All in favor shall vote 'aye'; all opposed 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 116 voting 'aye'; 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Reading, we have House Bill 1046. Read the Bill, Mr. Clerk."

"House Bill 1046, a Bill for an Act in relation to offenses committed with explosives, incendiary devices or flammable substances. Third Reading of this House Bill." 74  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Speaker Turner, A.: "The Gentleman from DuPage, Representative Tom Johnson." Johnson, Tom: "You know, it is a shame, in a sense, that we even have to bring a Bill like this. But, as we are all aware of the bombing in Oklahoma City, the bombings in Atlanta, the gas in the subways in Japan, these types of mass methods of destruction and terrorism seem to be on a increase. What this Bill does is attempt to address those concerns. And it was brought and requested by Mayor Daley and the City of Chicago, as obviously, they are concerned about the impact of a mass destruction, should it ever occur, God forbid, in the City of Chicago. What this Bill does is creates three new offenses: of possession of poison gas or radioactive, biological, or chemical agent with the intent to commit a felony; aggravated battery with a machine gun or silencer; aggravated discharge of a machine gun or firearm equipped with a silencer. It also amends the offense of heinous battery to include batteries committed with poison gas, radioactive, chemical or biological agent or explosives. And it amends the murder statute to make persons who intentionally use these weapons of terrorists, basically, to make them eligible for capital punishment. Further amends the disorderly conduct statute to make bomb false reports, which is currently a Class IV Felony up to a Class III Felony. And it would require a mandatory fine of at least $3 thousand. And would amend possession of explosives with the intent to commit the felony act to increase it to a Class I Felony, currently it is a Class II Felony. Would amend the Code of Corrections to make aggravated battery discharge of the machine gun with a firearm equipped with these silencers. That would also then fall into the truth in sentencing offenses as are 75  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 the lesser included offenses of that being the discharge of a firearm. Would ask for favorable consideration." Speaker Turner, A.: "Are there any questions? The Gentleman from Cook, Representative Lang."

"Thank you. Will the Sponsor yield?" Speaker Turner, A.: "He indicates he will."

"Representative, I think you may be onto a good Bill here, but there is a section of it that concerns me a little. The section that creates a new offense of possession of a deadly substance, noxious gases and that kind of thing. Is there an exception in the Bill for women, for instance, who carry pepper spray or mace or something like that with them, to protect themselves from offenders?" Johnson, Tom: "Lou, I agree, that I believe, there is a little ambiguity in that section. And it's something that I promise you, that we will correct when it goes to the Senate. If you read that paragraph in total, it is my interpretation of it, is, is that it is only when it is deadly. However, that, 'or' placed where it is in that statute, I think we need to put the additional language that is currently in, as it relates in the Bill that you just passed, for example. And I will do that in the Senate. I will promise you that."

"Thank you, I appreciate that. There was a section of the statute relative to use of deadly, unlawful use of weapons, 5-24-1 that has an exemption for this kind of thing. You might want to take a look at that language as you send this over to the Senate." Johnson, Tom: "Yes. Right."

"Thank you." Speaker Turner, A.: "Seeing no further discussion, the Gentleman from DuPage, Representative Johnson to close." 76  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Johnson, Tom: "I would just ask your favorable consideration on this Bill." Speaker Turner, A.: "The question is 'Shall House Bill 1046 pass?' All in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now 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 110 'aye'; 2 voting 'nay'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Reading, we have House Bill 157. Representative Santiago. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 157, a Bill for an Act to amend the Criminal Code of 1961. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Cook, Representative Santiago."

"Thank you, Mr. Speaker and Members of the General Assembly. House 157 (Sic- Bill) would make it unlawful for a child sex offender to knowingly be present in any school building or a real property comprising any school or conveyance owned leased or contracted by a school to transport students to or from school or a school-related activity, when persons under the age of 18 are present in the building, on the grounds, or in the conveyance, unless the offender is a parent or guardian or a student present in the building, on the grounds or in the conveyance or the individual has permission to be present in a restricted area from the principal or administrator of the school or the school board. The other exemption is, if the individual is an employee of the school or the school district or number four, if the individual has an business related lawful purpose to be on the school grounds. I will entertain any questions anyone may have." 77  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Speaker Turner, A.: "Seeing no further discussion, the question is 'Shall House...Representative Santiago to close."

"...duration. Thank you, Mr. Speaker." Speaker Turner, A.: "The question is 'Shall House Bill 157 pass?' All in favor vote 'aye'; all opposed 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 114 voting 'aye'; 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Third Reading, we have House Bill 1113... (Sic-House Bill 1115). Read the Bill, Mr. Clerk."

"House Bill 1115, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Cook, Representative McAuliffe."

"House Bill 1115 amends the Illinois Vehicle Code to delete an exemption from the windshield obstruction prohibition for certain motor vehicles, owned, operated or used by persons with an medical condition that may require shielding from the direct rays of the sun as certified by a licensed physician. And I would entertain any questions." Speaker Turner, A.: "The Gentleman from Winnebago, Representative Scott."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A.: "He indicates he will."

"Representative McAuliffe, why?"

"The various police officers and police associations throughout the state have very many concerns with many people that are trying to, when they pull up to a car and there is a tinted windshield, that not knowing if somebody maybe has a gun at their passenger window that when they 78  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 roll down the window, they ask for their license, that they might be staring down at a gun. What is happening is a lot of people are going to a doctors and asking for certification to get their windshields or their side windows tinted. And that is a very dangerous thing for a police officers. And also, there were some problems where people were saying that they needed tinted windshields because of eye sensitivity. And doctors said, that if they just would wear prescription sunglasses, that, that would alleviate it. There is also abuses of maybe people that, that are just trying to do this, just to keep their car a little cooler in the summertime, as you would probably realize, tinted windshields would keep your car cooler. And, so there is very, there is a lot of problems with this. There are also some are some concerns with people that have lupus, that are trying to keep the win... they say that they might need these windshields. I amended this, so anyone that would need tinted windshields, they could still do that up till January 1st and it would still be valid till January 1, 2008. So, if anyone currently, really needs to get that done, they can still get this done, and it would still be effective till the year 2008."

"And I respect the reasons that you listed. And I have talked to a lot of law enforcement officers, who have similar problems with that. The difficulty is, I mean, I know of someone personally, a constituent, who has one of these medical conditions. When she drives, she has a certification that this is something that she needs. I mean, I don't think it is bogus, I mean, I'm not a doctor. But I don't think it is bogus. I'm assuming this is something that she really does need. So, are we saying that 10 years from now, whether she needs it or not, this 79  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 is... she have, she can get the tinted windshield now and keep that, but after 2008 she won't be able to anymore?"

"Correct."

"Is there some way that you can think of, that we could address, I know we can't address the law enforcement concerns, unless, I had an idea last year, we had a Bill that would have allowed for a special tag or sticker or plate, like you get with, in terms of disabled persons, that they have on their car, so that police officers would know that this is a legitimate one. And we could try to take care of that concern in that way maybe without trying to deprive the people who really do need this. Or is there some question, whether anybody needs this?"

"We amended this Bill at your request, and I will read that again. The person shall also submit a copy of the certification to the Secretary of State. The Secretary of State shall forward notice of certification to law enforcement agencies."

"So, that is something that they could have on their computer, if they pull up behind somebody, they run the plate and this would pop up then?"

"Correct."

"That helps a lot. Thanks."

"Thank you." Speaker Turner, A.: "The Gentleman from Cook, Representative Acevedo."

"Yeah, Mr. Speaker on the previous Bill, House Bill 157, let the record show that my vote would have been a 'yes' Bill, a 'yes' vote." Speaker Turner, A.: "The record will so reflect. The Gentleman from Vermilion, Representative Black."

"Thank you, very much, Mr. Speaker. Will the Sponsor 80  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 yield?" Speaker Turner, A.: "He indicates he will."

"Representative McAuliffe, I commend you for your work on this Bill. I have been working on Bills like this for several years. This Bill doesn't do anything... When we first did this, the Supreme Court ruled it unconstitutional, because we went back, I don't know, too far. That constitutional prohibition is still addressed in this, isn't it? I think, there is a certain year at which we can make the law applicable, but we can't go back beyond that. And that doesn't change anything in here, does it?"

"No. No it doesn't."

"Okay. I appreciate your work on this. It is a major safety concern and issue to the law enforcement agencies. And I think this is very reasonable Bill. And I'm glad to stand in support of your Bill." Speaker Turner, A.: "Seeing no further discussion, the Gentleman from Cook, Representative McAuliffe to close."

"I'd just ask for consideration on this Bill. Thank you." Speaker Turner, A.: "The question is 'Shall House Bill 1115 pass?' All in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now 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 'noes'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Reading, we have House Bill 638. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 638, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of this House Bill." Speaker Turner, A.: "The Lady from Cook, Representative Fantin." 81  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Thank you. House 638 amends the Illinois Vehicle Code. Provides that a rail carrier may not operate its trains in Illinois by remote control. Provides that no rail carrier in Illinois shall permit or require any locomotive power unit to be operated by a crew of fewer than two employees. The Amendment was put on that stated that the two employees; one must be an engineer, a locomotive engineer, and the other shall be a qualified railroad employee on-board the train. This Bill was drafted, in spite of what has been said, as a safety measure only. For no other reason was this Bill drafted. I had found out that there were remote control trains being talked about being driven through the Northern part of our state through Grayslake, Antioch by remote control. Also, that we have some trains taking cars through with inflammable materials and such with one person onboard. I'm open to any questions." Speaker Turner, A.: "The Gentleman from Logan, Representative Turner." Turner, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A.: "She indicates she will." Turner, J.: "Didn't hear all of your explanation of what the Bill does. I know that there are some mandates in it. What are those mandates, with regard to employee requirements?"

"The Bill specifies that there are to be two persons on a train, an engineer and another person somewhere aboard the train." Turner, J.: "Two engineers, is that what you said?"

"No, Sir. One engineer and another employee." Turner, J.: "One engineer and another employee, and what title would that other employee have?"

"I'm sorry, I could not hear you." Turner, J.: "And that other employee does not have to be an 82  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 engineer. Does the other employee have to carry any specific title?"

"Just a qualified operating, a qualified employee." Turner, J.: "It's my understanding that under current law there is no requirement at all of this kind, by way of regulating the railroads?"

"My understanding, there's a requirement that there is to be two persons on-board, but at this time there are a lot of rails that are running with no one, with a remote control, and there are some running with only one person on-board." Turner, J.: "So there is a requirement under existing law for two persons to be on the train?"

"No. I'm sorry, there is not. I'm mistaken. Many railroads have had three to five employees on and they have just been cutting back, and now we're finding that some are running with only one person, which I feel is very unsafe. And some are planning to do remote control, and we do have others being run by remote control." Turner, J.: "You've indicated that the genesis of this Bill is for safety considerations?"

"Yes, Sir, and that was my only reason for doing this Bill was for safety." Turner, J.: "And, Representative, has someone come to you with statistical data evidencing that there have been problems or wrecks or crashes, whatever the case may be, because we have not had an ample protection under the statute?"

"I couldn't hear all of your question, I'm sorry." Turner, J.: "With regard to your safety considerations, has someone come to you with data showing that there have been problems created because of the lack of legislation of this nature?" 83  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"I had asked for some assistance on this Bill and had requested that some people help me with this Bill, which was a couple persons with United Transportation Union. I had requested their assistance with this, they have been assisting me and I have been getting data from other people." Turner, J.: "I don't think you heard me. What I'm getting at here is I understand you brought this measure for a safety consideration, which of course is commendable. My question is, do you have statistical data evidencing that this is needed? In other words, have there been problems or crashes or what have you because we have not acted, enacted legislation such as this?"

"We have had, by remote control in Canada, I understand, they do remote control trains and there have already been over 1 hundred incidents caused by accidents from the remote control. I also have, the FRA has statistics on this, and the railroad that is proposing to bring these into the Northern part of the state has the highest, highest, mind you, accident reports in all the country." Turner, J.: "Who are the opponents to this measure, if you know?"

"The opponents I'm sure, I don't have a listing, I'm sorry, but I'm sure it's major railroads. I'm not positive." Turner, J.: "I've been spoken to by, obviously, many lobbyists over the last several days, as have everyone else in this Chamber I'm sure. It seems like, to me, that someone had broached this subject with me and had indicated that generally, as far as employee requirements, that's left up to a contract between the union and the railroad. And I guess my question is, if that is a contractual right, why are we trying to deal with it with legislation?" 84  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Well, there is no contract with some of the railroads. Some of the larger railroads have contracts, but you have your short-line railroads that do not have contracts per se that would deal with this issue. And I think most of the larger rails have two persons on, but not all of them, and the short-line rails, there are many of these that are running the small remote control and with one person. And I do not feel it's a safety factor when you've got one person running a train, and I think they should be made to have two. What if this man has a heart attack, stroke, if there's problems? I mean, there's all kinds of things we can come up with. I can give you a whole list of scenarios that can happen with one person on-board and this is what it's for." Turner, J.: "Does your Bill provide for penalties?"

"Yes, it does." Turner, J.: "What are those penalties, Representative?"

"If you'll bear with me one moment. Any person who violates this may be fined not less than $250, but not more than $5 hundred. However, a person who violates a subsection may be fined not less than $5 hundred, but not more than $1 thousand for the second offense committed within three years of the first offense. Not less than $2 thousand, but not more than $5 thousand for a third offense committed within three years of the first offense. And a $10 thousand fine for fourth or subsequent offense committed within three years of the first offense. And I think that would be a very small price to pay." Turner, J.: "Well, if this legislation, this proposed legislation does pass, how are we going to enforce this? I mean, you've got all these fines you've just read to me and penalties, how do you go about enforcing them? How do you 85  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 monitor this situation?"

"The railroad division of the Illinois Commerce Commission, I believe, would be the ones that would enforce this." Turner, J.: "Well, do they make inspections, surprise inspections, how do they go about knowing whether or not it's being violated? How are we going to know whether or not, if we pass your law, that it's complied with by the railroads?" Turner, J.: "Well, I think they would probably have to be watching. People would report this. There have been incidents reported by persons such as you and I in the past, and I think that would be continued." Turner, J.: "I have no further questions, Mr. Speaker. Thank you, Representative." Speaker Turner, A.: "The Gentleman from Cook, Representative Santiago."

"Thank you, Mr. Chairman (Sic-Speaker) and Members of the General Assembly. I rise on a Point of Personal Privilege. As you know we have, it's Ralph Capparelli's birthday today. We have a cake for him here. You're welcome to join and have a piece of cake with us. Thank you, Mr. Speaker." Speaker Turner, A.: "The Gentleman from Madison, Representative Bradford."

"Mr. Speaker, I rise in strong support of this Bill. There has been a multitude of information put out by the rail carriers in regard to how this Bill would affect operations. Class 1 railroads in the United States and operating in the State of Illinois, who are unionized, already have a crew consist contact of three men on-board. The reason this is important to consider is in regard to 86  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 that crew consist, more than 1 hundred secondary crew members in the United States have been fired in the last two years for not being attentive to the safety operation of the train. If these same Class 1 carriers that are lobbying you and indicating to you that this is not a safety issue, there is no justification for their labor actions in regard to their own employees. This is a minimum standard of operation. I want the Members, also, to be aware that in the State of Illinois, hazardous materials are carried by these trains. The time involved in regard to reporting a derailment, a puncture of a tank car has happened in Decatur. In regard to the number of crew members or no crew members that are available in regard to remote control trains can mean the difference between the saving of lives and the saving of a community. There have been instances, in addition, where remote control operations have been sabotaged because they are not guarded. There is no one on the train. If one would wish to get on the train and promote the operation of the remote control train, they could do that. That has happened in Nebraska. There were near accidents. There were 55 crossings that were crossed by a remote control train that had been sabotaged. This Bill merely protects the citizens of the State of Illinois, and provides for the safe operation of railroads within this state. Two crew members, in some of the most instant circumstances, operating an engine nose-forward, a crew member operating from the right-hand seat cannot, 5 hundred feet from the crossing, view the crossing to his left. It is absolutely impossible. This is a safety issue. It is only a safety issue. I urge your 'yes' vote for this Bill as a matter of safety for the citizens of Illinois." 87  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Speaker Turner, A.: "The Gentleman from Kendall, Representative Cross."

"Thank you, Mr. Speaker. We would request a verification in the event this gets the requisite number of votes, and I also request that it be taken off Short Debate. If the Sponsor would yield?" Speaker Turner, A.: "The Gentleman asks that the Bill be taken off Short Debate. I see more than enough hands that, and your request is honored. It goes off Short Debate. The Sponsor indicates that she will yield."

"Mr. Speaker, I'm not sure that, did you hear my request for verification?" Speaker Turner, A.: "Yes, Representative, we heard your request for a verification, and it will be so granted."

"Thank you. Representative, I guess I'm puzzled, and no one, of course, questions the concern for safety. But doesn't the Federal Government regulate what goes on with respect to trains and railroads throughout this country?"

"The Federal Government does make regulations, but the state can increase the regulations but cannot decrease the regulations, and there are no regulations on this at this time."

"My understanding is that other states have attempted to do this and the courts have ruled similar pieces of legislation unconstitutional because they have said, the courts have said the Federal Railroad Administration has the sole responsibility to regulate in this area of the law."

"I do not believe that's true. They have not struck down this. It has not been presented. In Wisconsin, Representative Dobbins had some hearings on this. There was not a Bill. They had hearings on this and in Wisconsin 88  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 they had put a moratorium on this for one year. I have a letter here, in fact, from Representative John Dobbins of Wisconsin, about his public hearings and he has given me a letter in testimony for this House Bill, in particular, talking about the problems they have and in this letter he states that House Bill 638 is simply a Bill about public safety. It says, 'I know you will be told differently. I know you will be told this is a mandate on railroads. I know you will be told it's none of your business and that this is a federal preemption. I am asking you to remember who you are. You are the Members of the Illinois Legislature. The safety of the driving public, railroad employees, and business and industry is your concern.' I can go on with this letter, but in Wisconsin they only had hearings. Also they had, had a gentleman here from Washington D. C. that this was a safety issue, and he has also stated that this was not done in other states, as they had tried to make you believe that this is being done all over. That is not true."

"Representative, so really the gist of this is, you're coming from a safety standpoint, is that correct?"

"That's exactly right."

"And we're concerned about the safety of trains on all the railways throughout the State of Illinois."

"Representative, as the crossing, as you heard the other night, Fox River Grove, where these accidents happened, can you imagine a remote control train going through these areas through 38 grade crossings with no one on that train? Somebody running it by a little black box someplace. What if this man trips, falls, there's all kinds of controls on that little black box? What if something triggers off something on that black box that's not right? Do you, 89  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Representative, want these trains coming through your district? Or trains that are filled with gas?"

"Well, Representative, why did you exclude then Amtrak and Metra from this Bill if we're so...?"

"I couldn't hear you."

"Why did you exclude Amtrak and Metra in your Bill if we're so concerned about that particular situation?"

"They are not excluded, Sir, and Amtrak and Metra both already always have two people on the train and they are not excluded."

"My understanding, in reading the Amendment, is that you have, you are not requiring anymore from Amtrak and Metra. There's some specific language about Amtrak and Metra in this Bill, is there not?"

"No, Sir. That's not true."

"Will you refer to the First Amendment, Representative?"

"There is only one Amendment, and it allows operational flexibility to all railroads. And there is nothing in here that says that Amtrak or Metra is out of this Bill."

"Well, my understanding is Amtrak and Metra both have an engineer and a staff person, and by putting your language in here, which was at the request of Amtrak and Metra, from what I understand, you can now include that staff person as one of the two, is that correct?"

"We had discussed that in committee and that was untrue, Sir. They have always had probably about three people, three to five people, on their trains and there was no, this is a fallacy."

"Could you tell us the purpose of the Amendment then please, Amendment #1?"

"The Amendment was just to make a clarification to allow flexibility, because I believe the way it was worded the 90  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 first time it may have misconstrued that we wanted two engineers on train and that was not the intent. So it was just a clarification."

"And, Representative, I'm not trying to be that nit picky, but what you're saying is at least one of the employees should, can be a qualified railroad employee. So if I'm the bartender in the, and I'm being serious, a qualified train employee, if I'm the bartender on the train, am I one of those qualified board train employees? Does that count on your Bill?"

"You would not be qualified according to the railroad rules."

"Which railroad rules, the federal rules?"

"General Operating Code."

"It doesn't say anything about that in the Bill. Where in the Bill does it say that? If safety's the issue, we don't want a bartender..."

"It states that you must be a qualified railroad employee. A qualified, and railroad employee would be under definitions."

"So that would apply to just about anybody that works for the railroad, is that correct?"

"If they're qualified, if they have been qualified, stated that they are qualified employed."

"Representative, could you also, to change the subject a little bit or go to another area, tell us where in the State of Illinois there have been incidences where there have been remote control devices used to run trains? Can you give us examples of railroads that are utilizing?"

"Robinson, Illinois. I have pictures here in my hand that show some tanker cars and a man standing on the engine, on the side of the engine holding the, with the 91  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 black box strapped to him. I have one with a man standing on the rail next to the tanker cars with a black box strapped next to him."

"And have there been some accidents as a result of this, Representative, that are documented?"

"Was your question, were the accidents in the State of Illinois by remote control or by the one man?"

"As a result of the use of remote control devices."

"No, but that's exactly what we're trying to present (Sic-prevent), Representative. In Canada, they do use these and they've had over 1 hundred incidents already. We're trying to prevent this from happening. Why invite this to happen? Let's prevent it. Let's make this a preventative safety measure, rather than doing something and waiting until an accident. Do we have to wait until 20 people are killed? We're supposed to be looking out for the safety of the people, the citizens of our state."

"Representative, I'm looking at..."

"There are FRA statistics of accidents in other parts of the country and where there is a runaway train, I believe it was in Nebraska. There was a runaway train in one of the states, in Nebraska, the train went for miles. It ran for 50 miles with no one realizing this train was running by itself because it had followed another engine that was on remote control. My understanding, the trains were disconnected and the second train picked up the transmission from the first one and it ran 50 miles before anyone had found it. Some people were nearly killed by this train, and this is what we're trying to prevent."

"Thank you, Representative. I don't have any other questions." Speaker Turner, A.: "The Gentlemen from Effingham, Representative 92  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Hartke."

"Thank you very much, Mr. Speaker. I stand in support of this legislation. For the information of the Body, over the weekend or Easter break that I took, I took the opportunity to go to the rail yard in Effingham, Illinois with one of my engineer friends, and I asked him if I could get up in one of these engines in trains. It was quite an experience. I tell you what, you talk about driving blind with that many tonnage behind you and to have only one man in charge of the entire operation of that train, maybe a 150 car train. It's really scary. And then to talk about switching these around the yard in a bulky box and so forth. If something happens to this individual in the box, and he falls or trips in the yard or falls off one of these trains and this train just goes unattended for miles at a time, a lot of things can happen in your community. That's the idea why we have both an engineer and a conductor in these trains. I stand in support of this legislation, not just for the Sponsor of the legislation but because it is a safety issue. Thousands and thousands of lives could be disrupted just simply by one simple mistake, one trip, one fall. These remote boxes are not fail-safe. That's why it takes two people to operate these trains, and I stand in support of this legislation." Speaker Turner, A.: "The Gentleman from Knox, Representative Moffitt."

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

"Yes, I will."

"Representative, for legislative intent, I would like to ask, will this in any way impact what we call the 'short line railroads' that serve grain elevators that move grain where maybe it's a small operation, and they move grain 93  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 cars forward to bring grain... take grain away from the elevator, in some cases, maybe bring in? Will this in anyway impact them?"

"If it's internal movement, it will not. The Farm Bureau has no problem with this Bill."

"Farm Bureau is not opposed to this legislation."

"That's correct."

"Will this cause any changes in the way the operation is conducted, like at current operations in Illinois, at what we call a switching yard, or sometimes a hump yard? There's one, such as that, in Galesburg. Would this in any way change that operation?"

"No, that will not change."

"It would not change it in any way?"

"No, Sir."

"Okay. I thank you, I appreciate that for legislative intent. I consider this a safety issue also, and that's why I agreed to be a Cosponsor with you, that we did not want engines out here operating... trains operating without someone onboard. Thank you."

"Thank you." Speaker Turner, A.: "The Lady from McHenry, Representative Hughes."

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

"She indicates she will."

"Representative, is it true that on passenger trains there will be engines running with one person and not two, in the engine?"

"Yes, the Bill requires that one person be on the engine, and they have at least a qualified railroad employee somewhere on this train."

"Why is it that a passenger train would not be as 94  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 vulnerable to that single person failing to act as would a freight train?"

"There are other people usually on... there are people onboard for notification if there are any problems, and I think most passenger trains have even more employees on them."

"With the same qualifications as an engineer would have, who would be able to manage the technical complications of the train operation?"

"I believe most railroad employees are trained for the problems that may arise to assist the engineer. The conductor onboard the train is also qualified... the conductor aboard the train is also qualified, and they do know the safety measures the same as the engineer."

"In the area of the smaller rails, would this apply to a petrochemical company that is moving tanker cars that may have chlorine or other hazardous materials in them?"

"If it's outside of their facility, yes. Not within their confines of their facility."

"Isn't that movement within a facility also a hazard to the public and haven't we had incidents where we've had spills or accidents? Within the confines of those facilities?"

"Those are usually tower controlled operations, and I think when they are within the confines of their yards, they are equipped and they are ready for any spillage or any problems with any accidents, if it's within their confines."

"But we have had incidents where substantial areas have had to be evacuated and so forth because of those accidents. What about a train... I'm sorry."

"Pardon me, I'm sorry, I couldn't hear you." 95  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"We have had areas of massive evacuations because of plant spills, tanker spills and all that were on such sites, I believe, have we not?"

"Those were as a result of derailment and not from the engineer, the operation of the engineer."

"How does this Bill affect a freight train that may have three, four, or five locomotives on it, would it require that there be two people for each locomotive?"

"No, it would only be on the lead engine, I believe. The one lead unit would be required."

"Could you... I guess I don't have the full... well I do have the Bill, but according to the analysis I'm reading, it would appear to me that it would require there be an engineer in every... every engine whether..."

"No, this would be the lead engine. That's not true. It's only two men on the train, it never specifies there has to be one if they're carrying the engines and the engines are not controlling the train."

"I think I'd have to check the Bill on that. Thank you for answering my questions. I believe that... to the Bill. That we need to be very cautious that we are not interfering with FRA regulations, that we are not getting involved in negotiated items and that we are truly applying, if it's safety standards, to all situations and not selected situations. I'm not sure that this Bill does that to all situations, and that it isn't singling out certain segments of the rail industry and rail safety. Thank you." Speaker Turner, A.: "The Gentleman from Cook, Representative Lang."

"Thank you, Ladies and Gentlemen. I rise in support of this Bill. This is clearly a safety Bill, it has nothing 96  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 to do with anything else, in my view, others may try to make something of it. For those that oppose this Bill, there has been some discussion that railway safety in the United States is pretty darn good. It may or may not be, but the fact is, that in 1995 and in 1996, Illinois had the highest number of train accidents than any state in the country. In fact, almost 11% of all train accidents in the country took place in the State of Illinois. We had the highest number killed in train accidents, the second worst number injured, second highest number of derailments, second highest number of injuries. The list goes on and on. This is a safety Bill. Representative Fantin has done an excellent job explaining it. We have to protect people in the communities that these trains go through. We also need to be protecting the people that are on these trains. There have been enough exceptions in the Bill so that small companies that need train tracks can use these remote devices but clearly, Representative Fantin's on the right track here. This will protect people on the trains, protect your communities. Please, vote 'aye'." Speaker Turner, A.: "The Gentleman from Cook, Representative Parke."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A.: "She indicates she will."

"Thank you. Let me qualify this. Isn't it true that all Class I, the large national railroads will count about 95% of all train traffic in this state are bound by national collective bargaining agreements which require two people in the engine of a train? Isn't that true?"

"Yes."

"So, therefore, this Bill..."

"But not, it doesn't specify, I believe, on the engine 97  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 and one on board. They specify two, but I do not believe it's specified..."

"Well, you just got through saying that residential traffic, it's okay to have that."

"I'm sorry, I can't hear you."

"I said you had earlier stated that on traffic moving people, that that was acceptable. So, therefore, this is acceptable, too. You have two people on the train. So in essence your Bill only addresses short lines, isn't that true?"

"No."

"It doesn't?"

"No, Sir. Many of the railroads..."

"Let me just qualify that then. If the federal law says, you have to have two and that's 95% of the train traffic which you agreed, then how is it not true"

"No, I did not agree that that was 95% of the train traffic. I did not say that was Amtrak. I did not talk about that at all."

"Well, the numbers I have say that that's true."

"I did not verify that."

"Yeah. They do. So, in essence, this Bill really only deals with allowing one person on short lines. Do you know how much traffic, how much train track is there on short lines in this state? How many miles of train road is short line?"

"There is several hundred miles in the state."

"Several hundred miles."

"I can not give you the exact figure but there are several hundred miles."

"Out of the thousands and thousands of rail miles, we're talking about a Bill that affects a couple of hundred 98  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 miles. Right?"

"There is several hundred miles but I don't know about you, Representative. They are carrying hazardous materials. That still concerns me, if it's one mile or a hundred miles."

"Well, of course. And that's true, but I just want to qualify what we're talking about here. In any of these, are they talking about using remote control in any of those short lines? Is this to do away with short... remote control altogether? Is that what your Bill does?"

"It does not dismiss them having remote control within the confines of their yards. This would be outside of their yards."

"Right. So, those Members that have come up and talked about remote control affecting the movement of train traffic on the short lines or major train tracks is invalid, because the remote control is only to be used within the yards that are there and only in the sitings for switching and maintenance operations. So all the rhetoric about remote control does not apply to actually moving a product or personnel on the train lines. It is a limited use for remote control. So..."

"Remote control was supposed to be brought in from Wisconsin into the Northern part of the state. My understanding, going 60 miles of track through 38 grade crossings through Grayslake, Antioch, up in that state. I have a list of short lines here that do handle hazardous materials. If you would like me to read them, I'd be glad to."

"My point..."

"That's a few out of 28, I have several listings here, Indiana Railroad, Alton Southern, Gateway Western, Gateway 99  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Eastern, St. Clair County, Sangamon, Morgan, Green, Decatur..."

"Thank you, Representative, I appreciate that. You can read that all. I appreciate that. But that's not my question. What I'm trying to do is show the Members of the Body who are going to have to vote on this legislation that we're talking about a small piece of train traffic. That's all this is addressing."

"No, we're talking several hundred main line operations."

"Of the tens of thousands of miles of rail in Illinois, this is a small piece of it. And all they're talking about in here, there's no remote control on the major movements. So, quite frankly, this Bill is opposed by Amtrak, Growmark, the Illinois Railroads' Association, the Illinois Manufacturers' Association, the Illinois State Chamber, and the Illinois Fertilizer and Chemical Association. They do not think that this legislation is necessary. So, I would simply ask the General Assembly..."

"Amtrak was neutral as my last hearing, Sir. They're checking with them again."

"Well, that may be true but the document I have it showed that at that point in time, that they were opposed. So if they are neutral, that's fine."

"That was before the Amendment."

"But those other companies and associations are opposed. I think the idea is well intended. I don't think it is necessary and would ask the Body to vote 'no'." Speaker Turner, A.: "The Gentleman from Cook, Representative Durkin."

"Will the Sponsor yield?" Speaker Turner, A.: "She indicates she will."

"Representative, could you tell me who certifies the 100  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 certified railroad locomotive engineer and the qualified railroad trainmen?"

"FRA."

"Does the state partake in any type of registration or certification process of these two members?"

"No, this is done through FRA, through the Federal."

"I see that there is a violation section which you have incorporated within this Bill. Who would be charged with assessing a violation of this law?"

"The railroad decision, I mean division, I'm sorry, of the ICC."

"Now, upon an assessment of a fine for a violation..."

"I'm sorry, I can't hear you, Representative."

"I'm sorry. Upon assessment of a fine in a violation are the railroads, are they entitled to some type of appeal process if they are not happy with the decision that has been rendered through the ICC?"

"Their records would be reviewed... their certified records are reviewed and that would be the base if there is or is not a charge."

"Okay, I think maybe... I'm not sure if you understood the question. The question... my question is, that upon a finding of a violation for one of the railroads, do they have a right to appeal that decision if they feel that that violation was unfounded in their own eyes or they felt that it was... they felt that the violation was unfounded."

"I believe they could appeal to the ICC."

"And I'm assuming that they would still, if they had not reached are not satisfied with that decision, do they have a right of recourse outside of the ICC? Within our courts system?"

"Yes, the administrative review." 101  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Okay. Lastly, our analysis indicates that at least one of the reasons..."

"I'm sorry, Representative, I can hardly hear you."

"Okay. Our analysis indicates that the prompting of this legislation was due to a... some type of labor dispute between the unions and Wisconsin Central. Is there any truth to that?"

"That's not... that is not correct, I stated at the beginning of this. I had suggested doing this Bill. This was my suggestion, my idea to do this Bill as a matter of safety when I was... through conversation told about remote control trains possibly coming in from Wisconsin Central through the Northern part of the state. Then later in conversation learned of how the small rails in some of these were bringing through the hazardous materials with one person on board. My first reaction was what if they have a heart attack, etcetera. Who takes care of this train? And that was why I had the Bill drafted."

"Thank you very much. I have no further questions." Speaker Turner, A.: "The Lady from Peoria, Representative Slone."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A.: "She indicates she will."

"Thank you. Representative Fantin, some of the material that we've received in opposition to your Bill, suggests that if several locomotives are hooked together, with one of them pulling the other locomotives, that each locomotive would have to have two people on it. Is that accurate?"

"That's not true. As I stated before, only one unit is considered the operational unit. That is the unit that would require the engineer."

"Thank you very much." Speaker Turner, A.: "The Gentleman from Cook, Representative 102  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Fritchey."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A.: "She indicates she will."

"Representative, as you know, I've given this issue considerable thought in trying to make a well-reasoned determination. I just want to follow up on Representative Slone's questions. I've got the text of the Bill here and it says, let me just read one part, 'No rail carrier operating in Illinois shall permit or require any locomotive power unit, single or in multiple, whether attached to a train or not, to be operated by a crew of fewer than two employees.' Now, you just said that you were considering a locomotive power unit to be just the lead engine and I..."

"The key word is 'operated'. Only the first engine is operated. The others are not being operated, they're being..."

"But what the Bill would say is that you could not permit it to be operated by a crew of fewer than two. I see what your intention is. I'm worried that the way that Bill is drafted..."

"The first engine is the one that controls the train. That's the one that must have... the other engines that are on there are not controlling the train; they're just the same as another car. They're treated as another car."

"I understand what you're telling me, and I believe what you're telling me."

"This is what they did to confuse you."

"I don't know that the way... let me back up. I've read the materials from UTU. I've read the materials from the other side. Each side did a good job of confusing me, either through their rhetoric or my lack of understanding." 103  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Well, I gave you my word, Sir, that this was a safety..."

"As a last ditch resort, I went to the Bill, and I'm looking at what the Bill says. And I understand what you're telling me, and I believe what you're telling me, but I don't know that that's how the Bill would be interpreted. I'm looking a paragraph D-1, it defines railroad train crew. And this is probably the most substantive paragraph of the Bill. And when it says, 'a locomotive power unit, single or in multiple'..."

"...It's require any locomotive power unit. Okay, whether or not to be, oh wait, to be operated by a crew. Okay, and it's being operated, the key word is 'operated'. Only your first engine is operating and running this train. That is the operational fixture of the train. The rest, if there are other cars you have your all different cars, if you have other engines on the train, they are not running the train, they are not operating the train. And that's the key word 'operated'."

"I understand that, but what I foresee happening is that this is going to wind up in a court because somebody's going to say, 'That's not how we interpret it, we interpret it the other way.'"

"Well, I don't think we're railroad people. And I think the railroad people have, you know, looked at this, and my understanding no one else has a problem, other than those that are trying to confuse you."

"Okay, then the... I guess I'll take that for what it is. Let me ask another question, which I think was alluded to, and again going to the Bill here. It says that it has to be operated by a crew of no fewer than two employees, and it can be either a locomotive engineer or a certified 104  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 railroad train man."

"Now, you must read the Amendment. The Amendment changes that..."

"I guess my question, does the Amendment deal with the placement of those employees, as far as, can you have an engineer up in the engine and another individual sitting back in a freight car, just sitting back reading a magazine and have him count as a second employee? Or do you have to have two people up in the engine?"

"No. One person in the engine, the other can be on the train at some point. In some instances, Sir, you would not want both in the engine if it's... maybe you need them somewhere else in the train, you know, if it's a long train maybe it'd break it, whatever other problems there may be for switching purposes, or anything else. Sometimes they could be in the engine, maybe not."

"Okay, let me ask another question, please understand, I'm trying to understand this, not be argumentative. If the Bill would only require one person to be in the engine and the other person could be anywhere else in the train, they could be sitting in the freight car, they could be anywhere, and something happens to the engineer, I don't see how you've enhanced safety of the trains simply by having somebody else sitting in the back of the train somewhere else, who doesn't have to be an engineer, who may not be anywhere near access to control of the train."

"What if something happens to this train? You have an engineer. At least you have a second person to help them. If anything happens to the engineer, you have no one to help them at all. At least there is another person somewhere on the train if anything happens that he can help. If there were an ambulance trying to get through, if 105  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 there's only one man on that train, you got 2 hundred cars, how is that engineer going to stop that train, get off, run back, you know, undo the cars, move it back? If you have two men, that man can be further back on the train, if it's a longer train, to take care of this problem."

"The example that kept getting floated to me, is that you have one engineer on the train, the guy has a heart attack, you've got a runaway train. Same example, you have an engineer on the train and a train man on the back, if I could just finish, if I could just finish, and somebody else is somewhere in the back of the train, the engineer has a heart attack, you have a train man with no engineering experience in the back of the train, you haven't improved safety in this situation."

"These are qualified people. Remember the word 'qualified railroad employee'. This railroad employee would be able to deal with this matter. This is why, exactly, Representative, I'm saying there needs to be two people. If something does happen to that engineer, and there is not a second person on that train anywhere, what happens to the train? You proved my point exactly. If there's someone somewhere on that train, something can be done. You have a second person, they are in contact with one another, he would be able to get there. They are constantly in contact. He would be able to, then, do something about this train so it is not a runaway train. If that engineer is there by himself, who, then, is going to help that man? Who is going to do anything if he has a heart attack, a stroke?"

"I guess my next question then, you've got a engineer in the front of the train, somebody else toward the back of the train, they've got a radio to get back and forth if 106  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 need be, the engineer keels over with a heart attack, how does the guy in the back of the train know that anything is wrong?"

"Because if they are not in contact and he did not get a response, he would then know something is wrong. Your other point, then what you're saying, what about a remote control? Same thing can happen then if a remote control goes out. Then you got a train running wild again."

"But they're not constantly speaking back and forth. So if the engineer has a heart attack..."

"Yes, they are speaking back and forth."

"Constantly."

"That is what they do."

"If you have a five minute lapse or a ten minute lapse, or a half hour lapse..."

"They are supposed to be in constant contact with one another."

"Okay."

"And they had, regularly, I shouldn't say constantly, it should be regularly."

"Okay. Thank you very much for your responses."

"You're welcome." Speaker Turner, A.: "The Chair recognizes the Gentleman from DuPage, Representative Biggins."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A.: "She indicates she will."

"Thank you. Representative, I would like to continue this thought of train, and ask a question. I think it was testified to earlier, a statement was made that there are more train accidents in Illinois than other states. Is that correct?"

"That's correct." 107  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"If that's the case, why would we be introducing a Bill that would require more people to be on those trains?"

"To prevent the accidents. You're asking me, why we would put more people?"

"Well, we're going to endanger them."

"I'm sorry, Representative, I can't really hear you."

"Well, to the Bill then. I don't understand why we're really debating, mandating, upon a business, how many employees they should have. Because you could translate this, and if it goes into law, we could extend this to all sorts of businesses in Illinois. And I think this could be very hazardous to our business climate. So I'm going to urge a 'no' vote." Speaker Turner, A.: "The Gentleman from St. Clair, Representative Holbrook."

"Thank you, Mr. Chairman (Sic-Speaker). Mr. Chairman (Sic-Speaker), having been in operations of a Class I railroad for seven years, and working my way through college, I can tell you the debate going on this Floor borders on absurdity. One operations individual for the engine is what's needed. They've tried these remotes in other states, and they've been chaotic, they've caused problems. It isn't quite sabotage, it can be kids getting on, it can be anything causing these problems. This is nothing more than a piece of proactive, public rail safety. It doesn't affect switching operations; it doesn't affect the hump yards; it doesn't affect the spurs; and it doesn't affect the Class I's. All this does, is say that you've got to have someone that knows how to run that engine when they're coming through your town and your village and they're carrying 12, 14 thousand tons of hazardous waste, ammunition, explosives, radioactive waste, anything, that 108  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 there will be someone that knows how to slow down and shut that engine down and shut the power train off that engine. If you've got four or five units on the front end of that train, you only need one engineer, their in cascade. This Bill says that. If you put an engine in the middle of the train, it's called a slave unit. The slave units run from the head end by the engineer, he's under total control. Without that, using a remote by one person in operation as a brakeman or a conductor, will cause nothing more than a safety problem. It takes years to be trained on how to shut down 12 or 14 thousand tons moving along at 50 or 60 miles an hour. Let's keep rail safety in Illinois on the right track. Don't put it on the side track, like they have in some states. Let's mandate that they have someone that knows how to run this engine on that train. And that's all this Bill does. Thank you." Speaker Turner, A.: "The Gentleman from Washington, Representative Deering."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A.: "She indicates she will."

"Representative, I have a couple of questions, or several questions. Some of them were asked a little earlier. I want to maybe try to get them in a little more detail. But before I proceed to the questions, in testimony to our good friend and colleague, Representative Fritchey, he asked a question, and I believe your comment was, 'I give you my word, the facts that I have given you are true.'"

"Wait, I'm sorry, I didn't hear you."

"I said, in testimony with Representative Fritchey, or debate, he asked a question about safety, or whatever he was questioning, and your response was something due to the 109  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 effect that, 'I give you my word that this is correct.' That you're sponsoring a safety Bill. You give your word that you're sponsoring a safety Bill. Well, I wanted to underscore 'word' in that answer because, did you or did you not, both yesterday and earlier today, give me your word that you wouldn't call this Bill until next Tuesday or Wednesday?"

"No, Sir, I did not. I told you yesterday, that I did not believe the Bill was going to get called until Monday or Tuesday. And I was saying what I had been told. Since then, I requested, this morning and last night that I could get this Bill called today."

"You requested, this morning, to have the Bill called today?"

"Yes, I did."

"Okay. Well, I tend to dispute..."

"And yesterday, I told you I requested it, also, yesterday."

"I intend to dispute your answer, because you did, I did ask you this morning. And I believe your quote was, 'I give you my word that the Bill won't be called until next week.'"

"No, I did not say that."

"Nevertheless, continuing with Representative Fritchey's questions about safety on the train, two people in the caboose, and you said that one person had to be a qualified railroad employee. He or she is trained in the operation of the train and they can stop the train if something would happen to the engineer, they could get the train stopped. Can you tell me how that will happen? If I am, say a brakeman, for the lack of a better terminology, on the caboose, behind a train pulling a hundred cars of coal, 110  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 when there's no remote tied between the cars, there's no safety device to stop the engine?"

"They have access to emergency brakes."

"They have access to emergency brakes that will stop the engine?"

"That's what I'm told. Yes."

"Okay, I was told, this morning, by one of the individuals who is a proponent of this Bill, that one of the trains that services the coal mine, that I used to work, has a caboose tagged on to the train and the doors are welded shut on the caboose, and the additional employee is forced to stand on a platform. Now can you tell me how he or she can get access to emergency controls from standing outside a platform, on a caboose where the doors are welded shut?"

"I believe that railroad would be going against the rules. I don't believe that's allowed. And if they are doing it, then they should be done, but the emergency brake belt is outside on the platform."

"So they still have access?"

"Yes, Sir, that's my understanding."

"Okay. What about, you alluded to the fact here about switching operations are not affected by this. As I..."

"On premises, that was, Representative, within their yards."

"On premises, switching operations are not affected. Okay. What if I am, the language in the Bill, line 13, I think it's on page 1, it says, 'Remote control prohibited. A rail carrier may not operate its trains in Illinois by remote control.' If I am ADM and I am using remote control to switch in my yard, and I do operate some of my engines on a main line, in some aspect, would I not be considered a 111  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 rail carrier in Illinois?"

"An internal plant switching would be not considered here."

"I'm sorry, Representative, I can't hear your answer."

"Internal plant switching is not classified as a railroad."

"So, it would in no way, shape or form, affect internal switching at ADM or some of these operations?"

"That's correct."

"So, then what about short line operations that may be operated through a community, where it may have Home Rule powers and authority, on, maybe a line that is not controlled by the FRA, is that a possibility?"

"Those would be affected. That's what we're going after, the safety factor."

"I'm sorry, Representative, I can't hear your answer."

"They would be affected. And the answer is 'yes'."

"They are affect... Are they governed by the FRA, or can the local municipality, the Home Rule municipality..."

"They're covered by ICC."

"They're covered by the ICC. So the local municipality couldn't adopt an ordinance that could put burdens on that carrier?"

"My understanding, it's no. Only the ICC is able to do that."

"Is the ICC in favor of this Bill?"

"Neutral."

"What about Amtrak?"

"I was told they were neutral. They were supposed to be checking in, I understand, I believe it's a Mr. Wolf. Metra's neutral. Amtrak, we have been told this week were neutral by two of the upper bosses. I understand some of 112  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 the staff is questionable. They're trying to check that. But as of last week, two of the top officials from Amtrak were neutral after we had put the Amendment on to do a clarification."

"Are there any main rail carriers in the State of Illinois, who are operating their trains, currently, with less than a two man crew?"

"Yes, there are. Indiana Railroad, they are delivering propane gas with one person."

"Are they a short-line railroad?"

"Yes, they are."

"Well, let me rephrase my question. Other than short-line railroads, are there any other railroads, in Illinois, operating with less than a two man crew?"

"Not that we're aware of."

"I'm sorry, Representative, I can't here your answer."

"Not that we're aware of, Sir."

"Not that you're aware of. Okay. The short... and I would assume that most of the rail carriers have collective bargaining agreements where this is negotiated between the unions and, between union and labor?"

"Not the shortlines are not."

"The major rail carriers, forget shortlines."

"Yes."

"Okay. What about the shortlines, do they have collective bargaining, are they a represented by a labor union?"

"Some do, some don't."

"So, in essence, this is more or less an initiative. Let me rephrase again, of those shortlines who are representative by collective bargaining agreement, are they operating with two men, two person crews?" 113  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Probably, yes."

"So the ones we're going after are the nonunion shortlines, that we're wanting to mandate that they put more people to work. Is that correct?"

"I would probably say mainly, that's mostly the offenders. That may be the result, that's not who I'm after. As we stated earlier, we believe there was another railroad that did have one person, or has had one person where they should of had two."

"What do we do in a situation, and I had this very situation running through my district and potentially through Representative Jones' district, and a few other downstaters. What do we do in a situation where now you have a shortline that, if we mandate, that they're going to have to put another person onboard, they may choose to cease to provide service through the area and close down? What do we do to those elevators, those businesses who rely on that shortline, that may come through, maybe once a week, once every two weeks to provide the service to the consumers in the community? If we drive them out of business, who's going to service that area?"

"Representative, that, I do not believe is a legitimate argument to prevent this from going as a safety to protect the citizens of our state."

"Representative, that is a legitimate argument. It almost happened in my district. We had to fight like hell to keep the shortline running through there."

"If they are carrying hazardous materials and such, as many of these are. This Bill is strictly for safety; it is nothing to do to make them do anything more than have a safety factor here."

"To the Bill, Mr. Speaker." 114  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Speaker Turner, A.: "To the Bill."

"I think we're treading on, you know, some gray area here. We have federal regulations covering this. The Amendment, I believe, exempts Amtrak from the Bill, one of the fastest traveling trains through the state, especially in the day and age when we're trying to do high-speed rail. I think we should let the federal regulations continue to monitor this and maybe give this Bill some sincere consideration before you decide to cast your vote." Speaker Turner, A.: "Seeing no further discussion, the Chair recognizes the Sponsor, Representative Fantin, to close."

"Thank you. I have here some statements from an engineer from downstate that does control a remote control. In this he does state how awkward it is, how bulky this box is, how he's nearly fallen trying to climb on the train a few times, how many switches there are that can be jarred and cause the train to have a problem. They're saying they get bruises on their legs trying to get on the train with this box being in their way. And they feel that it is definitely not safe. We've had runaway train. We have hazardous materials going through some of our very backyards, near schools, near hospitals. We had this thing with Fox River Grove. We are trying to get a train to slow down, just to slow down. We passed a Bill just to slow them down. I'm trying to have two people on a train. If someone has a heart attack, who is going to stop that train? Are we going to let them hit this bus, let them hit the people? Can a remote control train see some child crossing the track, to even try to stop? If they see a car, a person on the track, an ambulance, can they even try to stop that remote control when there's no one there? If there's one person on that train, this man does have a 115  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 breakdown of some kind, also they do have a tendency to be overworked and fall asleep, doze. Just recently we had some coal cars that turned over because of hitting a bad spot in the track from the engineer dozing and no one else there with him. It caused the coal to shift and then the car derailed. These are the type of things. Let's not, please, let's not wait until we have more people in our state killed. Let's not wait. This is an accident waiting to happen. We have a responsibility to the citizens of our state to prevent this type of thing. And in this Bill that's exactly what I'm after. And I please ask you to think of the safety of the citizens of our state. And please vote 'aye' on this Bill. Thank you for your patience." Speaker Turner, A.: "The question is, 'Shall House Bill 638 pass?' All in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question... The Lady from Cook, Representative Fantin."

"Can I Postpone this for Consideration?" Speaker Turner, A.: "The Lady requests that the Bill be put on Postponed Consideration, and that it will be. On the Order of House Bills Third Reading. We have House Bill 271. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 271, a Bill for an Act concerning financial transactions. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Cook, Representative Bugielski."

"Thank you, Mr. Speaker, Members of the House. House Bill 271 is the disclosure for the ATM Surcharges Bill. There was a number of changes that occur in here. This 116  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Bill was brought to me by the State Treasurer's Office. It has full backing and it is, everyone is in agreement right now. The main points that it brings, is that all surcharges must be disclosed by a visible signed and also it must be flashed on the screen of the ATM machine. All receipts given to the consumers and the customers must include a code, this code would be encrypt, whereby it is coded so no one else can copy this code. All, all the other receipts, any receipts that are given must be truncated, meaning that the last four digits of your account number would be blocked out. This all consumer protection devices that we have built into this Bill. The only, another point is that non-owned ATM machines would be, there is no fee for them. They have to register those machines with the commissioner of banks and trusts within the state. If there are any questions, I'll be more than happy to answer any questions that people may have." Speaker Turner, A.: "Seeing no discussion, the question is 'Shall House Bill 271 pass?' All in favor shall vote 'aye'; all opposed 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 113 voting 'aye'; 0 'nays'; 2 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, purposes... Mr. Clerk."

Clerk Rossi: "The House Rules Committee will meet at 1:30 in the Speaker's Conference Room. Rules Committee 1:30 Speaker's Conference Room." Speaker Turner, A.: "The Gentleman from Cook, Representative Scully. For what reason do you rise?"

"Thank you, Mr. Speaker. With regards to House Bill 271, 117  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 I wanted to state for the record, that I voted 'present', because of a potential conflict of interest." Speaker Turner, A.: "The record will so reflect. On the Order of Third Readings. We have House Bill 1174. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 1174, a Bill for an Act to amend the Hazardous Material Emergency Response Reimbursement Act. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from DuPage, Representative Persico."

"Thank you, Mr. Speaker and Ladies and Gentleman of the House. House Bill 1174 amends the Hazardous Material Emergency Response Reimbursement Act. Basically, what it does, it provides that any community responding to Hazardous Materials Emergency shall be eligible for reimbursement from the fund if it has been unsuccessful in recovering from the party responsible for the spill after 180 days. It also eliminates the current statutory requirement that a response agency may not apply for reimbursement unless the costs incurred for the emergency response exceeds 5% of their annual budget. And finally, it puts some teeth into the fire marshals' ability to recover funds expending by making it possibly to access punitive damages against the party responsible for the emergency spill, if it fails to repay the spill. I ask for a favorable Roll Call on this Bill. And would be happy to answer any questions you might have." Speaker Turner, A.: "The Gentleman from Kankakee, Representative Novak."

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

"He indicates he will."

"Representative Persico, could you refresh my memory? Is 118  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 this a Bill sponsored for a certain area in your district? Does this have anything to do with a situation in your legislative district or in DuPage County, for that matter?"

"It's not in my legislative district, but it is from DuPage County is where the genesis of the Bill came from?"

"Could you just give me a 30 second overview of the problem up there or what the situation is?"

"Well, basically, Representative, current statute says that only a small community is eligible for this reimbursement fund. And this is a problem that is occurring statewide. And, so what this Bill will allow is that any community will be eligible for reimbursement from the emergency, this emergency fund. It also puts some teeth in the ability of the fire marshall to go after these spillers with punitive damages. And it also removes the requirement that you have to spend at least 5% of your annual budget before you are eligible for reimbursement."

"It comes to my mind now. I think this applies to the City of Naperville. Doesn't it?"

"As I mentioned, the genesis of the Bill came from the City of Naperville, but it affects every community in the State of Illinois."

"Right. Okay. And the EPA has no problem with this?"

"There was no known opposition in committee on this Bill, that I know of."

"Okay. All right. Thank you very much. I certainly rise in support this legislation with my, with the Chief Sponsor of this Bill. Thank you."

"The Gentleman from Cook, Representative Lang."

"Thank you. Will the Sponsor yield?" Speaker Turner, A.: "He indicates he will."

"Representative, is there enough money in this fund for 119  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 these new people you are adding to this program?"

"Representative, according to my knowledge I have, is that there is currently $50 thousand in this fund. And I don't think any money has been appropriated in the last two years from this fund."

"Well as, what has been the claim experience with this fund in the past?"

"In the past two years, there have been no claims made."

"Have you resolved the problems that some had, who were originally opposed to your Bill?"

"I believe, the fire marshall was originally opposed to the Bill, but by amending it in committee to make it permissive to go after these spillers, you know, for punitive damages and also changing the effective date to January 1, 1999. They had no opposition to this Bill."

"My notes indicate that my good friends at the Chamber of Commerce and the Manufacturers Association oppose the Bill. Is that correct or not correct?"

"I believe, the only ones that I heard from was the chemical industry. And I don't know if they have been working the Bill or not... or against the Bill or not."

"So, we are not leading toward another Lust Fund problem here with this Bill, are we?"

"No, the damages or the reimbursement is limited to $10 thousand to whatever is available in the fund at that time."

"Thank you." Speaker Turner, A.: "The Gentleman from Jo Davies County, Representative Lawfer."

"Thank you, Mr. Speaker. Will the Sponsor yield for a question?" Speaker Turner, A.: "He indicates he will." 120  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Representative, I heard this in committee and so on and I had some personal question or thoughts on this. Is there any way there could be a cap put on this? Or would this be considered a open-ended to any contractor that was involved in a cleanup, an open-ended type of contract?"

"Do you mean a cap on the, what a community is eligible to be reimbursed?"

"No, in regards to the cleanup. In other words, it evidently appears that any contractor is going to be guaranteed of his cost being or his expenses being reimbursed regardless of what the Bill is? What control would there be in regards to a contractor that was involved in this, as far as cost control?"

"Representative, what we are trying to do with this Bill is to basically go at the fly-by-nighters, who spill and then, you know, going through the state or whatever and then it is very difficult to go after these people. The people that are doing a good job and accidently spill something, really come in and clean it up right away, because, obviously, they want to enhance and keep their reputation that they might have. So, really what we are going after is the fly-by-nighters."

"Thank you very much." Speaker Turner, A.: "Seeing no further questions, Representative Persico to close."

"I just ask for your favorable Roll Call." Speaker Turner, A.: "The question is 'Shall House Bill 1174 pass?' All in favor shall vote 'aye'; all opposed 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 116 voting 'aye'; 0 'nays'. And this Bill, having received a 121  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Constitutional Majority, is hereby declared passed. On the Order of Third Reading we have House Bill 800. Read the Bill, Mr. Clerk."

"House Bill 800, a Bill for an Act in relation to public records. Third Reading of this House Bill." Speaker Turner, A.: "The Lady from Cook, Representative Currie."

"Thank you Speaker and Members of the House. This Bill is an initiative the Illinois Press Association. And it provides that public bodies should not make exclusive contracts for the electronic dissemination of data that is in fact public data. The theory is that there ought to be opportunities for competition as the public bodies themselves and any interested commercial vendors too might choose to offer easy electronic access to data in, in the public bodies that we all control. The Bill came out of committee without any negative votes, and I'm aware of no opposition to the measure." Speaker Turner, A.: "Is there any discussion? Seeing none, the question is 'Shall House Bill 1..., the Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" Speaker Turner, A.: "She indicates she will."

"Representative, can you explain to me, the files indicate that IDOT is opposed to this Bill. And I have no idea why they would be. But could you enlighten me as to why they are in opposition of the Bill?"

"Representative, I haven't a clue. There were no negative slips in, on the Bill in committee and nobody from IDOT or any other opposing organization has said word one to me since, nor do I believe have they said anything to Representative Kubik, my principal Cosponsor." 122  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Well, we also have an indication that Ameritech is in opposition of the Bill. Have they contacted you?"

"No, they have not, nor did they appear in committee."

"And this is a Press Association Bill. Is that my understanding?"

"That's right."

"And they buy ink by the railroad card (Sic-Car) full?"

"Right."

"I generally, I generally make it a policy not to argue with people who buy ink and newsprint by the railroad car full. So, since I don't have anything in my file to indicate why Ameritech and IDOT seem to be opposed to the Bill, I think I'll just sit down and vote a courageous 'yes'."

"Thank you, Representative." Speaker Turner, A.: "Seeing no further discussion, Representative Currie to close."

"I appreciate a favorable vote." Speaker Turner, A.: "The question is 'Shall House Bill 800 pass?' All in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now 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 112 voting 'aye'; 2 voting 'nay' and 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. The Gentleman from DuPage, Representative Johnson for what reason do rise?" Johnson, Tom: "I would just like to make an announcement that the Prison Management and Reform Committee will not meet on Monday." Speaker Turner, A.: "You said tomorrow? The Prison Committee will not meet tomorrow or Monday. The Gentleman from 123  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Vermilion, Representative Black. For what reason do you rise?"

"Yes, thank you very much, Mr. Speaker. Many of the, many of my Democrat colleagues have come to me and asked me to make an Inquiry of the Chair. I think the Vice-President is in town and many of the colleagues on the other side of the aisle would like to go to a luncheon and say hello to the Vice-President. And I just want you to know that, that is agreeable to our side of the aisle. We are prepared to adjourn." Speaker Turner, A.: "Thank you, Representative. Representative, Representative Black, I want you to know that I just checked the red phone here, beige phone now, and I have been informed that the Vice President is not in town yet. The Chair is prepared to move to the Agreed Bill List. That should... All Members should have a copy of that list on their desk. If they do not, we do have some extra ones up here in the Well. The Chair requests that the Sponsors keep in mind that this an Agreed Bill list and that the debate be very limited at best, on these particular Bills. If you do not have a copy of this list, there are some available up here at the Well. On the Order of Third Readings, we have House Bill 128. Read the Bill, Mr. Clerk."

"House Bill 128, a Bill for an Act to amend the School Code. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Cook, Representative Lopez."

"Thank you, Mr. Speaker. House Bill 128 requires the Department of Corrections to produce an educational video on the realities of prison life. The video is to be approximately 30 minutes long and updated by the DOC every 124  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 four years. It requires the Department of Corrections to provide the funding for the film and to make it available to school districts and administrators throughout the state as tool to discourage students from criminal behavior. The Department of Corrections and the Chicago Board of Education are in favor of the Bill." Speaker Turner, A.: "The Gentleman Moves for the passage of House Bill 128. All in favor should vote 'aye'; all opposed vote 'nay'. The voting is now 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 111 voting 'aye'; 5 voting 'no'. And this Bill, having the Constitutional Majority, is hereby declared passed.

Speaker Turner: "On Order of Third Readings, House Bill 154. Read the Bill, Mr. Clerk."

"House Bill 154, a Bill for an Act to amend the School Code. Third Reading of this House Bill."

"The Lady from DuPage, Representative Cowlishaw."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 154 is an initiative of the Illinois Journalism Education Association. It is, in fact, what one might call the Student Journalist Bill of Rights. It has to do with assuring that students who write for high school and university, public high schools and public universities, newspapers and yearbooks, should have the right to have initiatives to do research, to do whatever they believe is an important topic to be covered and should not be throttled in those efforts by principals, and so on."

"Seeing no further discussion, the question is, 'Shall House Bill 154 pass?' All in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now open. 125  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there 110 voting 'aye', 4 voting 'nay'. And this Bill, having received the Constitutional Majority, is hereby declared passed. I would like to remind the Members that this is an Agreed Bill List. On Third Reading, we have House Bill 223. Read the Bill, Mr. Clerk."

"House Bill 223, a Bill for an act to amend the Illinois Insurance Code. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Bureau, Representative Mautino."

"Thank you, Mr. Speaker. This Bill allows limited liability companies to be registered under the Illinois Insurance Code. Thank you for an 'aye' vote." Speaker Turner, A.: "The question is 'Shall House Bill 223 pass?' All those in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now 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 'noes'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Reading, we have House Bill 605. Read the Bill, Mr. Clerk."

"House Bill 605, a Bill for an Act in relation to taxes. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Bureau. The Gentleman from Rock Island, I'm sorry. Representative Brunsvold."

"Thank you, Mr. Speaker. This Bill is an Agreed Bill between the Department of Revenue and the Retail Merchants Association dealing with non-reusable sale for resale, not sale for retail, paper products. And I would ask for your 126  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 support." Speaker Turner, A.: "The question is 'Shall House Bill 605 pass?' All in favor vote 'aye'; all opposed '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 voting 'aye'; 0 'nays' and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Reading we have House Bill 427. Read the Bill, Mr. Clerk."

"House Bill 427, a Bill for an Act to extend the Social Work Examining and Disciplinary Board. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Cook, Representative Saviano."

"Yes, this is an Agreed Bill for the clinical social workers sunset language." Speaker Turner, A.: "The question is 'Shall House Bill 427 pass?' All in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, 115 voting 'aye'; 0 'nays'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Third Reading House Bill 557. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 557, a Bill for an Act to amend the Physical (Sic-Physician) Assistant Practice Act. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Cook, Representative Saviano."

"Yes, House Bill 557 is a Physicians Assistant Practice Act. This is an Agreed Bill. There is sunset language 127  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 also." Speaker Turner, A.: "And the question is 'Shall House Bill 557 pass?' All in favor shall vote 'aye'; all opposed vote 'nay'. The voting is now 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 116 voting 'aye'; 0 'nays'. And this Bill, having received the Constitutional Majority, is hereby declared passed. 623(sic- House Bill), Mr. Clerk, what is the status of this Bill?"

Clerk Rossi: "House Bill 623 has been read a second time previously. The Home Rule Note that was requested on the Bill has been withdrawn." Speaker Turner, A.: "Third Reading. On the Order of Third Reading, we have House Bill 664. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 664, a Bill for an Act to amend the Solid Waste Planning and Recycling Act. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Winnebago, Representative Scott."

"Thank you, Mr. Speaker. House Bill 664 establishes a mechanism by wish we can understand whether or not counties are meeting the Solid Waste Management Plan Recycling Goals." Speaker Turner, A.: "All right, the question is 'Shall House Bill 664 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is now 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 116 voting 'aye'; 0 'nays'. And this Bill, having received the Constitutional Majority, is hereby 128  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 declared passed. House Bill 679. Read the Bill, Mr. Clerk.'

"House Bill 679, a Bill for an Act to amend the Liquor Control Act of 1934. Third Reading of this House Bill." Speaker Turner, A.: "The Gentleman from Bureau, Representative Mautino."

"Thank you, Ladies and Gentleman of the House. I would like to commend Representative Saviano for his work on this legislation. It is the Omnibus Beer Bill that all the dragons that needed slaying in this Bill..." Speaker Turner, A.: "The question is 'Shall House Bill 679 pass?' All in favor vote 'aye'; all opposed vote 'no'. The voting is now 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 113 voting 'aye'; 0 'nays'; 0 'presents'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 693. Read the Bill, Mr. Clerk. What is the status of this Bill?"

Clerk Rossi: "House Bill 693 has been read a second time previously and was held on the Order of Second Reading pending the filing of a Mandates Note. That note has been withdrawn." Speaker Turner, A.: "Third Reading. House Bill 720. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk. Read the Bill regarding (Sic-House Bill) 693, Mr Clerk. The status."

"House Bill 693..." Speaker Turner, A.: "Third Reading. House Bill 720. Read the Bill, Mr. Clerk."

Clerk Rossi: "House Bill 720, a Bill for an Act to amend the School Code. Third Reading of this House Bill." 129  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Speaker Turner, A.: "The question is 'Shall House Bill 720 pass?' The question is 'Shall House Bill 720 pass?' All those in favor shall vote 'aye'; all those opposed vote 'nay'. The voting is now 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 108 voting 'yes'; 3 voting 'no'; 4 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Pugh. For what reason do you rise?"

"A point of Inquiry, Mr. Speaker. I don't know the actual process. I don't know who agreed to this Agreed Bill List, but that was one Bill that I did not and the Minority Caucus did not agree to. We have protested that Bill before last year. And it restricts the opportunities for individuals to attend school outside of their district, which we were adamantly opposed to..." Speaker Turner, A.: "Representative, the record will reflect your negative vote on this Bill. The Lady from Cook, Representative Flowers. For what reason do you rise?"

"Mr. Speaker, I too would like for the record reflect my negative vote on House Bill 720." Speaker Turner, A.: "The record will so reflect. House Bill 767. Mr. Clerk, read the Bill. Wait a minute, Mr. Clerk. The Gentleman from Cook, Representative Moore. For what reason do you rise?" Moore, E.: "Yes, I meant to vote 'no' on that last Bill. And obviously, it was punched 'yes'. I would like to have it changed." Speaker Turner, A.: "The record will so reflect, Mr. Moore. The Gentleman from Cook, Representative Murphy. For what reason do you rise?" 130  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Murphy, H.: "I would intend to vote 'no' on the last Bill, Mr. Speaker." Speaker Turner, A.: "The record will so reflect. The Gentleman from Cook, Representative Acevedo. For what reason do you rise?"

"Mr. Speaker, let the record show on the last 720 (Sic-House) Bill, I would like to vote 'no'." Speaker Turner, A.: "The record will so reflect. The Gentleman from Cook, Representative Morrow. For what reason do you rise?" Moore, E.: "Parliamentary Inquiry." Speaker Turner, A.: "State your Inquiry." Moore, E.: "When will it be appropriate to file a Motion to Reconsider on House Bill 720?" Speaker Turner, A.: "Representative, you can file that Motion at any time, if you just come down to the Well. That's if you voted in the Majority that you could come down and file a slip here in the Well, immediately. Mr. Moore, the record states that it has to be in writing. The slip can be... here at the Well."

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

"House Bill 767, Mr. Novak. Mr. Clerk, read the Bill."

"House Bill 767, a Bill for an Act to amend the Environmental Protection Act. Third Reading of this House Bill."

"Speaker Madigan in the Chair. Mr. Clerk, put this Bill on the Order of Second Reading for the purpose of an Amendment."

Clerk Rossi: "Floor Amendment #2 offered by Representative 131  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Novak."

"Mr. Novak."

"Thank you, Mr. Speaker. Floor Amendment #2 deals with some specific language drawn up by the agency, meaning the EPA, with respect to investigating subsequent owners and transfers of waste management operations, meaning landfills, waste treatment incinerators or transfer stations. I would be more than happy to answer any questions."

Speaker Madigan: "Those in favor of the Amendment 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 this Bill been read a third time?"

"This Bill has been read a third time previously."

Speaker Madigan: "This Bill is on the Order of Noncontroversial, which means that Mr. Novak will render a very short explanation and then we will go to Roll Call. Mr. Novak."

"Mr. Speaker, thank you very much. This Bill deals with siting requirements on transfer of ownership from one individual to another dealing with waste disposals. The agency is now in agreement, the environmental community is neutral. And I certainly ask for your 'aye' vote."

Speaker Madigan: "Those in favor of the passage of the Bill vote 'aye'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 105 'ayes'; 7 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 860, Mr. Burke. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 860, a Bill for an Act extending the 132  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Board of Speech-Language, Pathology and Audiology. Third Reading of this House Bill."

"Mr. Burke for a short explanation."

"Thank you, Mr. Speaker. This Bill simply extends the sunset date of the Act to January 1st the year 2008 for the Illinois Speech-Language, Pathology and Audiology Practice Act. And I expect your favorable vote."

Speaker Madigan: "Those in favor of the passage of the Bill vote 'aye'; those opposed vote '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 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 889, Representative Zickus. Mr. Clerk, read the Bill."

"House Bill 889, a Bill for an Act amending the Oaths and Affirmations Act. Third Reading of this House Bill."

"Representative Zickus for a short explanation."

"Thank you, Mr. Speaker. This Bill amends the Oath and Affirmations Act to allow a person certified under the Illinois Certified Short Hand Reporters Act to administer oaths and affirmations and to take affidavits and depositions in accordance with the Act."

"Those in favor of the passage of the Bill vote 'aye'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk, shall take the record. On this question, there are 113 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 955, Mr. Saviano. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 955, a Bill for an Act amending the 133  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Funeral Directors and Embalmers Licensing Code. Third Reading of this House Bill."

"Mr. Saviano."

"Yes, this is a Agreed Bill. It just exempts funeral directors, who have 40 or more years service from continuing ed. Thank you."

Speaker Madigan: "Those in favor of the Bill vote 'aye'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk, shall take the record. On this question, there are 112 'ayes'; 1 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 981, Mr. Schoenberg. This Bill is on the Order of Second Reading. Mr. Clerk, has the Bill been read a second time?"

"The Bill was read a second time today and held on the Order of Second Reading, because a State Mandate's Note had not been filed. That request has been withdrawn."

"Are there any Motions?"

"No Motions."

"Third Reading. House Bill 982, Mr. Schoenberg. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 982, a Bill for an Act to amend the Property Tax Code. Third Reading of this House Bill."

"Mr. Schoenberg."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. House Bill 982 is amended. It amends the Property Tax Code to provide that owner-occupied multi-family residences can qualify as historic residences and be eligible for certificates of rehabilitation special evaluation during the eight year evaluation period."

"Those in favor of the passage of the Bill, vote 'aye'; those opposed vote 'no'. Have all voted who wish? 134  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Have all voted who wish? Have all voted who wish? The Clerk, shall take the record. On this question, there are 116 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 998, Mr. John Jones. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 998, a Bill for an Act to create the Energy Education and Marketing Act. Third Reading of this House Bill."

"Mr. Jones." Jones, J.: "Thank you, Mr. Speaker. This Bill came to me from the Illinois Oil and Gas Association. It deals with Education and Marketing Act of the oil industry in the State of Illinois."

"Those in favor of the passage of the Bill vote 'aye'; those opposed vote '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 1050, Mr. Brunsvold. Mr. Clerk, read the Bill."

"House Bill 1050, a Bill for an Act concerning wildlife. Third Reading of this House Bill."

"Mr. Brunsvold."

"Thank you, Mr. Speaker. This Bill would update language from the Department of Natural Resources in their dealings in management of the wildlife. And also removes redundant unnecessary language. I would ask for the passage of House Bill 1050."

"Those in favor of the passage of the Bill, vote 'aye'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk, shall take the record. On this question, there are 114 'ayes'; 1 voting 'no'. 135  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1076. Mr. Clerk, what is the status of this Bill?"

"House Bill 1076 is on the Order of Third Reading."

"The Chair recognizes Representative Ronen."

"Thank you, Speaker. I filed an Amendment on that Bill, so I would request that it be sent back to the Order of Second Reading."

"The Bill shall be placed on the Order of Second Reading. Mr. Clerk, are there Amendments filed? The Clerk advises that those Amendments have not yet been approved by the Rules Committee. The Bill shall remain on the Order of Second Reading. House Bill 1121, Representative Julie Curry. Mr. Clerk, has this Bill been read a second time?"

Clerk Rossi: "House Bill 1121 was read a second time previously today and held on the Order of Second Reading pending the filing of a Home Rule Note. That Note request has been withdrawn."

"Are there any Motions?"

"No Motions filed."

"Third Reading. House Bill 1158, Mr. Woolard. Mr. Clerk, read the Bill."

"House Bill 1158, a Bill for an Act to amend certain Acts in relation to animals. Third Reading of this House Bill."

"Mr. Woolard."

"This expands the rights of the ratite farmers and gives them access to the local opportunities."

"Those in favor of the passage of the Bill vote 'aye'; those opposed vote '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 136  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 116 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1215, Mr. Saviano. Mr. Clerk, what is the status of this Bill?"

Clerk Rossi: "House Bill 1215, a Bill for an Act to amend the Private Detective, Private Alarm, Private Security and Locksmith Act of 1993. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments."

"Has the Bill been read a second time? So this Bill has been read a second time on a previous day?"

"Yes, Mr. Speaker."

Speaker Madigan: "All right, place this Bill on the Order of Third Reading. The Chair recognizes Mr. Saviano on the Order of Third Reading."

"Thank you, Mr. Speaker, Members of the House. House Bill 1215 is an Agreed Bill, which addresses some concerns of our Legislators downstate on how the Locksmith Licensing Act affected the locksmiths in their area. It exempts single, single member locksmiths from getting a agency license. And it is an Agreed Bill."

"Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 1215, a Bill for an Act to amend the Private Detective, Private Alarm, Private Security and Locksmith Act. Third Reading of this House Bill.

Speaker Madigan: "Those in favor of the passage of the Bill vote 'aye'; those opposed vote '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'; 6 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1216, Mr. Saviano. Mr. Clerk, read the Bill."

"House Bill 1216, a Bill for an Act amending the 137  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Private Detective, Private Alarm, Private Security and Locksmith Act. Third Reading of this House Bill."

"Mr. Saviano."

"Thank you, Mr. Speaker. House Bill 1216 as amended addresses the exemption of towers from the Locksmith Licensing Bill. And this is also an Agreed Bill."

Speaker Madigan: "Those in favor of the passage of the Bill vote 'aye'; those opposed vote '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 'ayes'; 4 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1229, Mr. Hassert. Mr. Clerk, read the Bill."

"House Bill 1229, a Bill for an act creating the Radon Industry Licensing Act. Third Reading of this House Bill."

"Mr. Hassert."

"Thank you, Mr. Speaker. House Bill 1229 creates the Radon Industrial License Act. I ask you for your support."

Speaker Madigan: "Those in favor of the passage of the Bill vote 'aye'; those opposed vote '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 103 'ayes'; 13 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1272, Mr. Woolard. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 1272, a Bill for an Act amending the Critical Health Problems and Comprehensive Health Education Act. Third Reading of this House Bill."

"Mr. Woolard."

"This encourages every school district across the state to have somebody in the system that would be able to give 138  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 emergency health services."

"Those in favor of the passage of the Bill vote 'aye'; those opposed vote '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 'noes'. This Bill having received a Constitutional Majority is hereby declared passed. Mr. Turner, we are going to call your Bill. House Bill 1297, Mr. Turner. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 1297, a Bill for an Act amending the Energy Policy and Planning Act. Third Reading of this House Bill."

"Mr. Turner." Turner, A.: "Thank you, Mr. Speaker. I move for the favorable adoption of House Bill 1297."

"Those in favor of the passage of the Bill vote 'aye'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 'ayes'; 2 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1298, Representative Schakowsky. Mr. Clerk, what is the status of this Bill?"

Clerk Rossi: "House Bill 1298, a Bill for an Act amending the Illinois Act on Aging. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments."

"Third Reading. When was the Bill read a second time?"

Clerk Rossi: "The Bill has not been read a second time, previously."

"All right, have you read the Bill?"

"Yes, Mr. Speaker." 139  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

Speaker Madigan: "The Bill shall be placed on the Order of Third Reading. House Bill 1316, Mr. Lawfer. Mr. Lawfer. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 1316, a Bill for an Act amending the Illinois Act on Aging. Third Reading of this House Bill."

"Mr. Lawfer."

"It requires the Department of Aging to develop guidelines for the organization implementation of the Volunteer Services Credit Program. I move approval."

Speaker Madigan: "Those in favor of the passage of the Bill vote 'aye'; those opposed vote '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 116 'ayes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1319, Mr. McAuliffe. Mr. Clerk, read the Bill. Representative Hannig in the Chair."

"House Bill 1319, a Bill for an Act concerning the Department of Human Services. Third Reading of this House Bill."

"Representative McAuliffe."

"House Bill 1319 amends the Department of Human Services Act and creates the Alzheimer's Disease Treatment Drug Fund."

Speaker Hannig: "All in favor vote 'aye'; and all opposed vote 'no'. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 'aye; 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, House Bill 1327."

"House Bill 1327, a Bill for an Act amending the School Code. Third Reading of this House Bill." 140  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Representative Clayton."

"Provides that the Illinois High School Association will develop statewide minimum academic standards that must be met by students in grades nine through 12 as a condition of that students eligibility to participate in athletic or other extracurricular activity."

Speaker Hannig: "The question is 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'no'. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 'aye'; 2 voting 'no'; 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1332."

Clerk Rossi: "House Bill 1332, a Bill for an Act amending the Illinois Insurance Code. Third Reading of this House Bill."

"Representative Brady."

"This Bill eliminates, prohibits discrimination against those victims of domestic violence."

"The question is 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'no'. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 107 voting 'yes'; 4 voting 'no' and 4 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1335. Mr. Clerk, call the Bill."

"House Bill 1335, a Bill for an Act concerning Social Security numbers. Third Reading of this House Bill."

"Representative."

"Yes, this is a requirement of the new Federal Welfare Reform Child Support Enforcement Act. It requires that 141  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Social Security numbers and professional license applications have the Social Security numbers in them as a practical matter. We do this in almost every case. And the Department of Depressional Regulations (Sic-Professional) has no problems with this Bill."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'nay'. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. And on this question, there are 116 voting 'aye', 0 voting 'no', and 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1386. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 1386, a Bill for an Act amending the Environmental Protection Act. Third Reading of this House Bill."

"Representative Hassert."

"Thank you, Mr. Speaker. (Sic-House Bill) 1386 amends the Environmental Protection Act to extend the repeal date for fast-track rulemaking, pursuant to the Clean Air Act. I ask for your support."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; and all opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'aye', and 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1577. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 1577, a Bill for an Act concerning vehicles. Third Reading of this House Bill."

"Mr. Santiago."

"Thank you, Mr. Speaker and Members of the General Assembly. This Bill adds language that allows the 142  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 financial institution the sole discretion to extend the period during which the borrower may redeem his or her motor vehicle, which was used as collateral. I move for favorable consideration."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. And on this question, there are 116 voting 'yes', and 0 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1655. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 1655, a Bill for an Act concerning reliance on the rules and opinions of the commissioner of banks and real estate. Third Reading of this House Bill."

"Mr. Bugielski."

"Thank you, Mr. Speaker. House Bill 1655 provides that no financial institutions shall be liable for acts or omissions done in good faith, or in conformity, issued by the commissioner of banks and real estate."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1678. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 1678, a Bill for an Act to create the Grape and Wine Resources Council Act. Third Reading of this House Bill."

"Representative Woolard."

"Creates a council that provides support and growth in 143  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 the area of increasing and expanding the wine growers of this state."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; and all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 voting 'yes', 6 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1737. Mr. Clerk, what is the status of this Bill."

"House Bill 1737 was read a second time previously today and held on the Order of Second Reading, pending the filing of a Fiscal Note. That request has been withdrawn."

"Are there any Motions?"

"No Motions filed."

"Third Reading. Mr. Clerk, Representative... House Bill 1802. Call the Bill."

Clerk Rossi: "House Bill 1802, a Bill for an Act amending the Illinois Lottery Law. Third Reading of this House Bill."

"Representative Wojcik. Representative Black, would you like to handle this for Representative Wojcik?"

"Yes, thank you very much. This Bill makes the language dealing with the sale of lottery tickets to minors, consistent with the language for the sale of tobacco products to minors. It also says that the unclaimed Big Game Jackpot, Big Game, boy we paid a lot of money to get that one didn't we? Big Game Jackpot prizes must be reappropriated from the Lottery Fund. That's all the Bill does."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? 144  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Mr. Clerk, take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1881. Mr. Clerk, call the Bill."

"House Bill 1881, a Bill for an Act to amend the Illinois Insurance Code in relation to insurance exchanges. Third Reading of this House Bill."

"Representative Mautino."

"Thank you, Mr. Speaker. This Bill provides the Director of Insurance shall be responsible for examining financial records of the exchange, requires the syndicates to file quarterly statements. A lot of work's gone into it. I appreciate an 'aye' vote."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 114 voting 'yes', and 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1884. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 1884, a Bill for an Act concerning roofing contractors. Third Reading of this House Bill."

"Representative Saviano."

"Thank you, Mr. Speaker. House Bill 1884 requires roofers to include their license number on any advertising. And there's various other cleanup stuff in this Bill. It is an Agreed Bill. Thank you."

"Okay. The question is, 'Shall this Bill pass?' All in favor vote 'aye'; and all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, 145  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 there are 108 voting 'yes', and 5 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1923. Mr. Clerk, call the Bill."

"House Bill 1923, a Bill for an Act amending the Adverse Claims to Deposit Accounts Act. Third Reading of this House Bill."

"Representative Schoenberg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1923 requires a financial institution to recognize an adverse claim to a deposit account if ordered to do so by a court. In addition, provides that a financial institution may, at its discretion, recognize an adverse claim, if the person making claim posted bond."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Mr. Clerk, take the record. On this question, there are 115 voting 'yes', and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 2076. Mr. Clerk, call the Bill. Mr. Clerk, what is the status of this Bill? Representative Younge, this Bill has been moved previously to Third, but it cannot be read today. So, it will be out of the record today. Okay. House Bill 2132. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 2132, a Bill for an Act in relation to cannabis and controlled substances. Third Reading of this House Bill."

"Representative Kosel."

"Yes, thank you, Mr. Speaker. This Agreed Bill requires elementary, secondary, community colleges, and universities to report offenses for the drug laws. It is an Agreed 146  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Bill. I move for its approval."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; all opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. And on this question, there are 115 voting 'aye', 0 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2164. Mr. Clerk, read the Bill."

Clerk Rossi: "House Bill 2164, a Bill for an Act amending the Environmental Protection Act. Third Reading of this House Bill."

"Representative Novak."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2164 simply provides the agency, the Environmental Protection Agency the flexibility in rule making to encourage the recycling of florescent lamps."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; and all opposed vote 'no'. The voting is open. 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'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2169. Mr. Clerk, call the Bill."

"House Bill 2169, a Bill for an Act concerning certain financial institutions. Third Reading of this House Bill."

"Representative Kubik."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. (sic - House Bill) 2169 would amend the Illinois Banking Act to prohibit a change in control, if the person seeking control would control more than 30% of the deposits 147  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 in the State of Illinois. It's an Agreed Bill. I would move its adoption."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; and all opposed vote 'no'. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes', and 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2210. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 2210, a Bill for an Act regarding the disposition of unclaimed property. Third Reading of this House Bill."

"Representative Deuchler."

"House Bill 2210, which is an agreed Bill, has been worked out between the Department of Financial Institutions and the Corporate Fiduciaries Association. The Department of Financial Institutions needs to locate as much unclaimed property in Corporate Fiduciary Trust, as possible, so that it can either return the property to the rightful owner, or hold it for the benefit of the state's pension funds. I ask its approval."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; and all opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. And on this question, there are 115 voting 'aye', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2216. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 2216, a Bill for an Act amending the Energy Conservation and Coal Development Act. Third Reading of this House Bill."

"Representative Myers." 148  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Thank you, Mr. Speaker. This Act establishes, under the Department of Commerce and Community Affairs, an advisory board to oversee the operations of the Ethanol Research Pilot Plant."

"Okay. The question is, 'Shall this Bill pass?' All in favor vote 'aye'; and all opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. And on this question, there are 115 voting 'aye', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2262. Mr. Clerk, call the Bill."

Clerk Rossi: "House Bill 2262, a Bill for an Act concerning vehicles. Third Reading of this House Bill."

"Representative Clayton."

"Yes. Provides that a person may not operate a snowmobile or boat if his or her alcohol concentration exceeds the level specified in the Vehicle Code. The person convicted of operating while under the influence is guilty of a Class IV Felony, if that person had a previous conviction for driving a motor vehicle or snowmobile under the influence."

"The question is, 'Shall this Bill pass?' All in favor 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. And on this question, there are 103 voting 'yes', 8 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Scully."

"Thank you, Mr. Chairman (sic - Speaker). On House Bill 1655 and (Sic-House Bill) 2169, I voted 'present' on both 149  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 those Bills because of a potential conflict of interest. Thank you."

Speaker Hannig: "And the record will so reflect. Mr. Clerk, Committee Reports."

" Representative Currie, Chairman from the Committee on Rules, to which the following Amendments were referred, action taken on April 12, 1997, reported the same back with the following recommendation/s: 'be adopted' Amendment 2 to House Bill 573, Amendment 1 to House Bill 609, Amendment 1 to House Bill 652, Amendment 3 to House Bill 689, Amendment 1 to House Bill 710, Amendment 1 to House Bill 724, Amendment 2 to House Bill 759, Amendment 1 to House Bill 796, Amendment 1 to House Bill 819, Amendment 1 to House Bill 918, Amendment 2 to House Bill 951, Amendment 2 to House Bill 1123, Amendment 1 to House Bill 1141, Amendment 1 to House Bill 1202, Amendment 3 to House Bill 1250, Amendment 1 to House Bill 1368, Amendment 2 to House Bill 1407, Amendment 1 to House Bill 1418, Amendment 2 to House Bill 1424, Amendments 1 and 2 to House Bill 1452, Amendment 1 to House Bill 1459, Amendment 2 to House Bill 1746, Amendment 1 to House Bill 1776, Amendment 1 to House Bill 1782, Amendment 2 to House Bill 1821, Amendment 2 to House Bill 2174, Amendment 2 to House Bill 2219."

Speaker Hannig: "We're going to move a few Bills from Third back to Second. Mr. Clerk, House Bill 228. Call the Bill.

"House Bill 228, a Bill for an Act to amend the Workers' Compensation Act. Third Reading of this House Bill."

"Mr. Clerk, return that Bill to Second Reading. House Bill 784. Mr. Clerk, call the Bill."

"House Bill 784."

"Out of the record. House Bill 1090. Mr. Clerk, 150  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 call the Bill."

Clerk Bolin: "House Bill 1090, a Bill for an Act to require administrators of certain educational institutions to report certain criminal offenses. Third Reading of this House Bill."

"Mr. Clerk, return that Bill to Second Reading. Mr. Clerk, what is the status of House Bill 1227?"

"House Bill 1227 is on the Order of Second Reading."

Speaker Hannig: "That Bill shall remain on Second Reading. And now we're going to do a number of Bills that we're going to move from Second to Third. We're going to start in the beginning. House Bill 32, Representative Dart. Mr. Clerk, call the Bill."

Clerk Bolin: "House Bill 32, a Bill for an Act in relation to criminal procedure. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2 has been recommended for adoption."

"Are there any Motions? Representative Dart is recognized on the Amendment. Representative Dart. Out of the record. House Bill 44. Mr. Clerk, what is the status of this Bill?"

"House Bill 44 is on the Order of Second Reading."

Speaker Hannig: "Are there any Motions or Amendments? Read the Bill."

"House Bill 44, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Dart, has been recommended for adoption."

"Representative Dart on the Amendment."

"Thank you, Mr. Speaker. This is a clarifying Amendment that was recommended by the Appellate Prosecutor's Office. 151  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 And it just clarifies the intent of the language. And I move for its adoption."

"Is there any discussion? Hearing no discussion, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 47. Mr. Clerk, call the Bill. Out of the record. House Bill 61, Representative Dart. Call the Bill. Representative Dart, there is a request for Fiscal Notes. You need to check with the Clerk before we can move that to third. So that Bill's out of the record. House Bill 62. Mr. Clerk, call the Bill."

"House Bill 62, a Bill for an Act to amend the Children and Family Services Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed. A Fiscal Note has been requested on the Bill as amended and has not been submitted."

Speaker Hannig: "That Bill will be out of the record and held. House Bill 92. Mr. Clerk, call the Bill."

"House Bill 92, a Bill for an Act to amend the Children and Family Services Act. Second Reading of this House Bill. Amendments #1, 2 and 3 were adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 126. Mr. Clerk, call the Bill."

Clerk Bolin: "House Bill 126, 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 Floor Amendments. No Motions filed."

"Third Reading. House Bill 135. Mr. Clerk, call 152  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 the Bill."

"House Bill 135, a Bill for an Act to amend the Election Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2 has been recommended for adoption."

Speaker Hannig: "Out of the record. House Bill 143. Mr. Clerk, call the Bill."

"House Bill 143, a Bill for an Act concerning insurance coverage for certain conditions. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Davis, has been recommended for adoption."

"Representative Davis." Davis, S.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1, I believe, answers some concerns that Members of the Health Care Committee had, and had some changes in the Bill getting rid of certain gastrointestinal language in the Bill. And I believe that it was passed out of committee unanimously. And I would ask for a favorable vote."

"Is there any discussion? Hearing none, the question is, 'Shall this Amendment be adopted?' All in favor vote 'aye'... All in favor say 'aye'; and all opposed say 'no'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 144. Mr. Clerk, call the Bill."

Clerk Bolin: "House Bill 144, a Bill for an Act concerning motor vehicles. Second Reading of this House Bill. Amendments #1 and 2 were adopted in committee. No Floor Amendments. No Motions filed." 153  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Third Reading. House Bill 152. Mr. Clerk, call the Bill."

"House Bill 152, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. Amendments #1 and 2 were adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 163. Mr. Clerk, call the Bill."

Clerk Bolin: "House Bill 163, a Bill for an Act in relation to sexually dangerous persons. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2 has been adopted. No Motions filed."

Speaker Hannig: "Third Reading. House Bill 168. Mr. Clerk, call the Bill."

"House Bill 168, a Bill for an Act to amend the Mental Health and the Developmental Disabilities Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 166. Mr. Clerk."

Clerk Bolin: "House Bill 166, 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."

"Third Reading. House Bill 177. Mr. Clerk, call the Bill."

"House Bill 177, a Bill for an Act to amend the Illinois State Collection Act of 1986. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 178. Mr. Clerk, call the Bill."

"House Bill 178, a Bill for an Act to amend the 154  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Election Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Third Reading. House Bill 232. Mr. Clerk, call the Bill."

"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. Floor Amendment #2 has been recommend for adoption."

"Representative Gash on Floor Amendment #2. Out of the record. House Bill 291. Read the Bill. Out of the record. House Bill 318. Mr. Clerk, call the Bill."

Clerk Bolin: "House Bill 318, a Bill for an Act in relation to Non-Home Rule Municipality Occupation and Use Tax. Second Reading of this House Bill. Amendments #1 and 2 were adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 410. Mr. Clerk, call the Bill."

Clerk Bolin: "House Bill 410, a Bill for an Act to amend the Alternative Health Care Delivery Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 424. Mr. Clerk, read the Bill."

Clerk Bolin: "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 Floor Amendments. No Motions filed."

"Third Reading. House Bill 474. Mr. Clerk, read the Bill."

"House Bill 474, a Bill for an Act to amend the 155  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Adoption Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 487. Mr. Clerk, read the Bill."

"House Bill 487, a Bill for an Act relating to bonds for school construction projects. Second Reading of this House Bill. Amendment #1 was adopted in committee, Amendment #2 was withdrawn. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 489. Mr. Clerk, call the Bill."

"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."

Speaker Hannig: "Third Reading. Mr. Clerk, would you read House Bill 135?"

"House Bill 135, a Bill for an Act to amend the Election Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2 has been recommended for adoption."

Speaker Hannig: "Hold this Bill on Second Reading. House Bill 494. Mr. Clerk, read the Bill."

"House Bill 494, a Bill for an Act amending the Illinois Human Rights Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. Floor Amendment #2, offered by Representative Art Turner, has been recommended for adoption."

"Representative Art Turner on the Amendment." Turner, A.: "Thank you, Mr. Speaker. Amendment #2 is an 156  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Amendment, and first of all... Let me for the record, state that House Bill 494 came about as a result of a situation that took place in State Government where, what we noticed recently in terms of privitization and reorganization, that there were some state employees who were laid off from employment. The state currently assists private industry, in terms of relocation and relocation assistance for employees, through a federal program that is administered through DCCA. What Amendment #2 does is it creates, or it makes the same opportunity available for state employees that have been laid off, for whatever the reason may be. It says that we will provide dislocated worker assistance to those employees. And I move for the favorable adoption of that Amendment."

"Is there any discussion? The Gentleman from Cook, Mr. Parke."

"Thank you, Mr. Speaker. Will the filing of the Amendment yield?"

"Yes, the Gentleman will yield."

"Representative, how does this differ from what is current law? I'm not sure I understand your Amendment." Turner, A.: "How does it different from current law?"

"Right." Turner, A.: "Well, this one deals specifically with state employees. Current law, this assistance is currently provided to people in the private sector. If Caterpillar is getting ready to lay off 'X' number of employees, they will notify the Department of Commerce and Community Affairs. The Department of Commerce and Community Affairs then makes certain that that private company administers the program, and I believe that the antonym (Sic-acronym) is WORN. That's the program which provides employee 157  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 assistance to employees who are about to be laid off. And through that program, employees are notified about the various retraining programs, and what other assistance is available to them. Currently, state employees do not qualify for that program. And what I'm creating here is the same sort of assistance for state employees that we currently provide through the federal program for employees that have been laid off."

"And what specifically would we be applying? What are the criterias? Is it a two week warning? Does it mean you cannot lay them off for two months, two weeks?" Turner, A.: "No. It would be the same provisions that are granted to people in the private sector. We're granting that same assistance to them."

"What are those, Representative? I'm not sure I know. What are those benefits?" Turner, A.: "Well, they provide job retraining. They deal with the Dislocated Workers Program. It's those types of programs that we would like to provide. Job retraining in particular."

"Did the people in the private sector earn this by collectively bargain for it?" Turner, A.: "No. This is a federal program."

"Could the employees of the state, through AFSCME, collectively bargain for these rights?" Turner, A.: "They may. It might be an issue that could be collectively bargained. I haven't really thought about that. I'm not aware of whether it's a collective bargaining issue. Primarily, what I'm saying is that state employees who do such an excellent job for us, and in many cases now who are wrapped up just because of the whole timing where we are in terms of the technology, where 158  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 people are being laid off, and there's not a lot of them that this has happened to. But in particular, this is something that could very well happen in the foreseeable future. I'm saying that those employees should be granted the same privileges that we provide to people in the private sector. And also, Representative, not all state employees are in a collective bargaining unit."

"Thank you, Representative, for explaining it."

Speaker Hannig: "The Gentleman from Lake, Representative Beaubien, for a question. Representative Beaubien. Beaubien, did you have a question? You're recognized."

"I didn't turn this light on, so I have nothing to say."

"Representative Skinner is recognized."

"Yes, I wonder if the Sponsor of this Amendment knows something the rest of us don't? Is the Edgar Administration about to lay off some employees, maybe in the Department of Public Aid, when we switch from having 10 to 15 thousand medical providers to 3 hundred, or so, medical providers? It would seem to me they would need maybe 5 or 10 thousand fewer employees in Springfield. That would be great." Turner, A.: "Representative, I think you have a little more knowledge than I do in that regard. I accept the Governor's reference that he, in fact, is going to do this reorganization with no layoffs. And I respect his ability to do that. But if, in fact, there are layoffs that have to take place, this Bill would provide protection and some job assistance to the people who fall victim to whatever layoffs that may have to come about."

"So, as the British would put it, if they become redundant, you want them to be retrained, or something or 159  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 other." Turner, A.: "Absolutely."

"Thank you." Turner, A.: "And I think that's only fair that we try to take care of those employees when they've done such an excellent job during their tenure."

"All in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 525. Read the Bill."

Clerk Bolin: "House Bill 525, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of this House Bill. Amendments #1 and 2 were adopted in committee. Floor Amendment #3 has been recommended for adoption."

"Representative Leitch."

"Floor Amendment #3 reflects an agreement. This actually is Representative Silva's Amendment that was worked out with SHAC, and other groups, and TIF. And I would recommend that it be adopted."

Speaker Hannig: "Is there any discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 541. Read the Bill."

"House Bill 541, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hartke, has been recommended for adoption."

Speaker Hannig: "Out of the record. House Bill 561. Mr. Clerk, read the Bill." 160  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"House Bill 561, a Bill for an Act concerning school buses. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Bergman, has been recommended for adoption."

"Representative Bergman on the Amendment."

"Mr. Speaker, this Bill makes a technical correction to some language, to address concerns that were voiced by my colleagues on the other side of the aisle. And move for its favorable consideration."

Speaker Hannig: "Is there any discussion? Is there any discussion? Hearing none, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 587. Read the Bill."

"House Bill 587, a Bill for an Act to amend the Freedom of Information Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 609. Read the Bill."

Clerk Bolin: "House Bill 609, a Bill for an Act to amend the Personnel Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 has been recommended for adoption."

"Representative Kenner on the Amendment. Is Representative Kenner in the Chamber? Out of the record. House Bill 611. Read the Bill."

"House Bill 611, 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 Hannig: "Third Reading. House Bill 621. Read the Bill, 161  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Mr. Clerk."

"House Bill 621, a Bill for an Act concerning minority and female franchise investments. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Flowers, has been recommended for adoption."

"The Lady from Cook, Representative Flowers."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 moves the program from the Attorney General's Office to the Department of Commerce and Community Affairs. And also, it states that a single individual may use the program for the purpose of purchasing one franchise. And that's the Amendment. And there's a few other technical changes."

"Representative Rutherford on the Amendment."

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

"She indicates she will."

"Representative, I understand that this Amendment was presented today and you were not able to be there. So I just want to clarify a few things if we could. What is DCCA's position on the Bill now?"

"I haven't heard anything from DCCA at all. So, if they have a up or down position on it I don't know, I'm not aware of it."

"So we still don't know the department's position yet? If anyone from the department is within hearing range, if the Department of Commerce would try to make themselves come forward, I'd appreciate it while I ask some other questions, then."

"The department has not made their position clear to me one way or the other."

"And what about the self-sustaining provision? Why 162  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 was that part removed from the Bill?"

"Technically, it would still sustain itself, because the franchise fees would go back into a revolving fund."

"What do you anticipate those franchise fees to be? And the reason is, there may be a question as to whether there's going to be enough revenues to be able to meet those."

"The fees will increase. And the fees for the registration of the franchise will go from..."

"I'm sorry, I can't hear you."

"It would go from 150 to $5 hundred to $650."

"So, presently the franchise fee in Illinois is $5 hundred. This will raise it $150, so it will total, it will be $650."

"Right."

"Cumulatively, how much money will this raise?"

"Representative, we're not sure about that. It depends on how many people qualify for the franchise, or how many franchises are involved. But only the money raised can be used for the loan."

"Is there a reason that this is non self-sustaining? My point being, we took that part out of it now. Is there a reason that we're not operating under the sense that the amount of fees that we bring in will be the amount of grants available? This now is no longer self-sustaining."

"Well, technically it is because of, again, the amount of monies that the franchises would bring in, the amount of monies, the up front monies, and then the payback, and the interest on the payback. So, technically it would be self-sustaining. But I didn't want to have that mandate in the law, just in case one day there may be a flaw where as we may have to come back to the General Assembly and say, 163  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 you know, can you lend a helping hand?"

"I do have some further questions, and I do have some questions for the department. But with deference to the Body, realizing this is the Amendment, I feel it's right for you to put your Bill in the form you'd like. When we come back to third, I'll follow up with those questions then."

"My pleasure. Thank you."

"No further questions, Mr. Speaker."

"Any further discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Representative Flowers, there's been a request for a Fiscal Note, so the Bill has to stay on second. House Bill 622. Representative Flowers."

"Is the Fiscal Note filed as amended?"

"Representative Flowers, the Clerk indicates that a State Mandates Note and a Fiscal Note have been requested, but not filed. As amended, have been requested, but not filed. So the Bill will remain on second."

"Thank you."

"House Bill 622. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 622, 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 650. Mr. Clerk, read the Bill."

"House Bill 650, 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." 164  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Third Reading. House Bill 651. Read the Bill."

Clerk Bolin: "House Bill 651, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Erwin, has been recommended for adoption."

Speaker Hannig: "Representative Erwin is recognized on the Amendment. Representative Erwin, you're recognized on the Amendment."

"Yes, thank you. Amendment #2 to House Bill 650 is an Amendment that was discussed in..."

Speaker Hannig: "Excuse me, Representative Erwin. Mr. Clerk, what is the status of this Bill? Representative Erwin, I think we've clarified the board. We're on House Bill 651, and it's your Floor Amendment."

"Right."

"Representative Erwin, proceed."

"Thank you. It is my Floor Amendment, and today is Saturday and it is 2:38. Floor Amendment #2 to House Bill 651 will make some corrections in this Bill that were discussed in the Judiciary II Committee, and I think were, for the most part, agreed to. That really brings this Bill back to what Representative Poe originally had intended. And so, I move for its adoption."

Speaker Hannig: "Is there any discussion? Hearing none, all those in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 652. Mr. Clerk, read the Bill."

"House Bill 652, a Bill for an Act in relation to 165  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 elections. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Boland, has been recommended for adoption."

"Representative Boland on the Amendment."

"What this Amendment does is just deletes the immediate effective date and changes that so that the Bill will take effect in January, rather than immediately."

"Is there any discussion? Hearing none, on the Amendment, all in favor say 'aye'; opposed say 'no'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 685. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 685, a Bill for an Act concerning clinical and school psychologists. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. And no Motions filed."

"Third Reading. House Bill 686. Mr. Clerk, read the Bill."

"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 have been approved for consideration. No Motions filed."

"Third Reading. House Bill 689. Read the Bill."

Clerk Bolin: "House Bill 689, a Bill for an Act to amend the School Code. Second Reading of this House Bill. Amendment #1 was adopted in committee, Amendment #2 was withdrawn in committee. Floor Amendment #3, offered by Representative Phelps, has been recommended for adoption."

"Representative Phelps. Representative Phelps, 166  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 you're recognized on Floor Amendment #3."

"Thank you, Mr. Speaker. I believe Floor Amendment #3 takes out all the concerns that others had with the main components of the original Bill. But now we have retained the notice of public hearing would be sent to local State Legislators. The bargaining agent would be notified of the public hearing at least seven days prior to the hearing. And finally, the local school board could modify the waiver within the five year period by following the same procedure as granting the waiver. Those are the three provisions we've offered in this Amendment."

Speaker Hannig: "Is there any discussion? Representative Black, you're recognized on the Amendment."

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

"He indicates he'll yield."

"Representative, there seems to be some concern on the Amendment about your intent. I don't think it's your intent, but what's then to prevent a school district from short changing, or short-circuiting the system, and not going back and just do away with the waiver, and nobody even knows about it?"

"I don't think I understand your question, Representative Black."

"I'm not sure I do either. Wait a minute. Okay. The question... Let me see if I can focus on this."

"Go real slow. I'm further south than you remember."

"I understand. It seems to me that the school management alliance thinks that they ought to be able to not have to go through the system if they don't want to use the waiver. Do you see what I mean? Why should they have to go through a hearing to stop a waiver? You know, I think they want to 167  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 know, if you all couldn't get this worked out just by a rule, rather than by law?"

"It's not the intent of this legislation to circumvent the process that's in place, it's to make it better. And a little more informative of those that should be as we go through the process."

"Would you be willing to meet with our staff before we call it on third, and see if we're all on the same wavelength here?"

"Sure. Most certainly."

"Okay. Thank you, Representative. Thank you, Mr. Speaker."

"Thank you, you all."

Speaker Hannig: "On the Amendment, is there any further discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. Mr. Clerk, would you read House Bill 601?"

Clerk Bolin: "House Bill 601, a Bill for an Act in relation to taxation of auto leases. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Andrea Moore, has been recommended for adoption."

"Representative Moore. Mr. Clerk, you have read the Bill, the Sponsor asks that it be taken out of the record." Moore, A.: "Has it been read the second time? Thank you."

"Yes, it has been read a second time. Mr. Clerk, read House Bill 697."

"House Bill 697, a Bill for an Act to amend the 168  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Illinois Municipal Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 702. Read the Bill."

Clerk Bolin: "House Bill 702, a Bill for an Act to amend the Attorney General Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 710."

"House Bill 710, a Bill for an Act to amend the Sex Offender Registration Act. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Julie Curry, has been recommended for adoption."

Speaker Hannig: "Representative Julie Curry is recognized on the Amendment."

"Thank you, Mr. Speaker. House Bill 710 amends the Sex Offender Registration Act. And Floor Amendment #1 changes the language of the original Bill to provide a Class IV Felony for persons who fail to report information, or knowingly provide false information to law enforcement officials. I'd appreciate passage of this..."

Speaker Hannig: "Is there any discussion? Hearing none on this Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

Speaker Hannig: "Third Reading. Representative Johnson. Representative Tim Johnson, for what purpose do you rise?" Johnson, Tim: "I would just like the record to reflect that on House Bill 2262 and House Bill 2164, it would be my intention to have voted 'yes' had they been properly 169  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 functioning. And I'd ask that the Journal so reflect."

"The Journal will so reflect. Mr. Clerk, read House Bill 697. Mr. Clerk, what is the status of 697?"

"House Bill 697 is on the Order of Third Reading."

Speaker Hannig: "Please move that back to Second Reading. House Bill 711. Read the Bill."

"House Bill 711, 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."

"Third Reading. House Bill 714. Read the Bill."

Clerk Bolin: "House Bill 714, a Bill for an Act to amend the Public Utilities Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 725. Read the Bill."

"House Bill 725, a Bill for an Act to amend the Right of Conscience Act. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Burke, has been recommended for adoption."

"Representative Burke. Representative Burke. Is the Gentleman in the Chamber? Out of the record. House Bill 759."

Clerk Bolin: "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. Floor Amendment #2, offered by Representative Acevedo, has been recommended for adoption."

Speaker Hannig: "Representative Acevedo. Out of the record. Representative Jones, for what reason do you rise?" Jones, J: "Thank you, Mr. Speaker. On House Bill 2262, I'd like 170  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 the record to show that I would have voted 'no' on that Bill."

"The record will so reflect. House Bill 762. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 762, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Third Reading. House Bill 776. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 776, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 was adopted. No Motions filed."

"Third Reading. House Bill 784. Mr. Clerk, read the Bill."

"House Bill 784, 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 Schakowsky, has been recommended for adoption."

"Representative Schakowsky on the Amendment."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #1 makes some fairly technical changes that were recommended by valid concerns raised by the HMO's. The substance of the Bill has not changed at all. But it takes into consideration their concerns. I urge adoption."

"On the Amendment, Representative Black."

"Thank you very much, Mr. Speaker. Just an Inquiry of the Chair. Is our technology system having a little trouble keeping up here? We're about six Bills behind on our 171  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 screen. That makes it very hard to keep up with what we're doing. Could the Clerk inquire? The Bill on my computer is House Bill 725, which I think you called about five minutes ago."

Speaker Hannig: "We're on House Bill 784, Amendment #1, Representative Black."

"Well, I know we are. But unfortunately when our computer doesn't stay current, we have a hard time following along. But, whatever. The Clerk could check on that. Would the Sponsor of the Amendment yield?"

"She indicates she will."

"Thank you. Representative, the Floor Amendment does not become the Bill, it strictly adds to the Bill?"

"That is correct."

"Does it make the underlying Bill better?"

"Yes, it does."

"We'll see about that. But thank you very much for your answer."

"Shall the Amendment be adopted? All those in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 788. Mr. Clerk, read the Bill."

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. And no Motions filed."

"Third Reading. House Bill 795. Mr. Clerk, read the Bill."

"House Bill 795, a Bill for an Act to amend the Open Meetings Act. Second Reading of this House Bill. No 172  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Committee Amendments. No Floor Amendments. A Fiscal Note, State Mandates Note, and Home Rule Note have been requested on the Bill and have not been filed."

"That Bill will remain on Second Reading. House Bill 796."

Clerk Bolin: "House Bill 796, a Bill for an Act in relation to sale, possession and use of tobacco products by minors. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Holbrook, has been recommended for adoption."

"Representative Holbrook on the Amendment."

"Thank you, Mr. Chairman (sic - Speaker). The Amendment does just what was requested in committee. The buying and selling of tobacco isn't regulated. And education has been put in under the petty offense for this program. And I move that it be adopted. Thank you."

"Representative Hoeft is recognized."

"Thank you, Mr. Speaker. Would the record reflect that I would have liked to have voted 'yes' on (Sic-House Bill) 1589, 'yes' on House Bill 1589."

Speaker Hannig: "The record will so reflect. Representative Durkin is recognized."

"Will the Sponsor yield?"

"Indicates he will."

"Does this Amendment... Are there any opponents to this Amendment?"

"I can't hear you."

"Are there any opponents to this Amendment?"

"I don't know of any."

"And have you spoken to the Illinois Municipal League about this? Have you spoken with the Illinois Municipal League regarding this Amendment as it exists?" 173  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Yes. They would have preferred the other portion stayed on. But they're not opposed to the Bill with it off."

"I'm sorry. Are they neutral, are they proponent, opponent?"

"I believe they're neutral on it."

"Okay. Thank you very much."

Speaker Hannig: "Any further discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 805. Read the Bill."

"House Bill 805, a Bill for an Act to amend the Pawnbroker Regulation Act. Second Reading of this House Bill."

"Out of the record, Mr. Clerk. House Bill 818. Read the Bill."

"House Bill 818, a Bill for an Act to amend the Soil and Water Conservation Districts Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been approved for consideration. No Motions filed."

"Third Reading. House Bill 819. Read the Bill."

"House Bill 819, a Bill for an Act relating to certification of school personnel. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Phelps, has been approved for consideration."

"Representative Phelps on the Amendment."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment merely adds the portion that the 174  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 State Board of Education shall employ and direct the executive director and other staff, as the board deems necessary to exercise its powers and duties under this article, which by establishing the Professional Teachers Standards Board, and to look at the attendants transfer of power and duties of that new board that shall be so defined by the executive director, and those that shall be deemed employees, and it's necessary to decide."

"Representative Black is recognized."

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

"He indicates he will."

"Representative, now, this Amendment I really don't understand at all. You're abolishing the Teachers Certification Board. Correct?"

"Yes."

"But you're transferring all of the employees of the certification board to a new entity that you're creating. Is that correct?"

"Yeah. And I know we're talking about the Amendment, and you're referring more to the underlying Bill, which I'm prepared to debate. That's okay. But we are just... This Amendment just addresses what we left out in the Bill, which is employing an executive director and other such staff, as the board deems necessary. But establishment of the board is the underlying part of the Bill."

"Okay."

"But this just adds the executive director language. Best of my understanding."

"We'll revisit this on Third Reading. Thank you."

"Representative Wood is recognized on this Bill. Is Representative Wood there? Representative Black, could 175  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 you explain the absence of your Member?"

"Yes. Representative Corinne Wood. Representative Wood. Representative, it's a tradition of the House when we're on Second and Third Reading, we don't go up in the Gallery to visit with young men or women. If you could come back to the Floor, we'd appreciate it."

"Is there any further discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 829. Read the Bill."

Clerk Bolin: "House Bill 829, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Woolard, has been recommended for adoption."

"Representative Woolard."

"What this Amendment does, it's technical in nature, it's just taking out what little opposition there was from the Department of Insurance. I think that now the insurance industry, the local school districts, and the Department of Insurance are all in agreement that every school district throughout the state should have the right to access the Mine Subsidence Insurance Fund. And very technical in nature."

"Is there any further discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 830. Read the Bill." 176  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

Clerk Bolin: "House Bill 830, a Bill for an Act in relation to labor and commerce. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 838. Mr. Clerk, read the Bill."

Clerk Bolin: "House Bill 838, a Bill for an Act to amend the Public Utilities Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been recommended for adoption. No Motions filed."

"Third Reading. House Bill 861. Read the Bill."

"House Bill 861, a Bill for an Act to amend the Respite Program Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 864. Read the Bill."

Clerk Bolin: "House Bill 864, a Bill for an Act to amend the Medical Patients Rights Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 865. Read the Bill."

"House Bill 865, a Bill for an Act concerning access to telecommunication services. Second Reading of this House Bill. Amendment #1 was..."

Speaker Hannig: "Mr. Clerk, out of the record. House Bill 896. Read the Bill."

"House Bill 896, a Bill for an Act in relation to negotiation of firefighter residency requirements. Second Reading of this House Bill. Amendments #1 and 2 were adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 914. Read the Bill." 177  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"House Bill 914, a Bill for an Act to amend the Illinois Pension Code. Second Reading of this House Bill. Amendments #1, 2 and 3 were adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 918. Read the Bill."

"House Bill 918, a Bill for an Act relating to youth skills, training, education, job placement, personal development, and leadership development. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Brady, has been recommended for adoption."

"Representative Brady on the Amendment."

"Thank you, Mr. Speaker. The Amendment is a technical Amendment in that it switches the department to oversee the Youth Build Act from DCFS to Human Services. I ask for a favorable consideration."

"Is there any discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

Speaker Hannig: "Third Reading. House Bill 922. Read the Bill, Mr. Clerk."

"House Bill 922, 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 Hannig: " Third Reading. House Bill 928. Read the Bill."

"House Bill 928, 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 178  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Motions filed."

"Third Reading. House Bill 957. Read the Bill."

Clerk Bolin: "House Bill 957, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been recommended for adoption. No Motions filed."

"Third Reading. House Bill 960. Read the Bill."

"House Bill 960, a Bill for an Act concerning state collection of debts. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Third Reading. House Bill 961. Read the Bill."

Clerk Bolin: "House Bill 961, a Bill for an Act in relation to taxes. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

Speaker Hannig: "Third Reading. House Bill 962. Read the Bill. Out of the record, Mr. Clerk. House Bill 964. Read the Bill."

Clerk Bolin: "House Bill 964, a Bill for an Act regarding child support enforcement. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Third Reading. House Bill 965."

"House Bill 965, a Bill for an Act to amend the Non Support of Spouse and Children Act. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Lang, has been approved for consideration."

Speaker Hannig: "Representative Lang on House Amendment 1. Representative Lang."

"Withdraw the Amendment."

Speaker Hannig: "The Amendment is withdrawn. Any further 179  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Amendments?"

"No further Amendments."

"Third Reading. House Bill 966. Read the Bill."

Clerk Bolin: "House Bill 966, a Bill for an Act to amend the Uniform Interstate Family Support Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hannig: "Third Reading. House Bill 1004. Read the Bill."

"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. Floor Amendment #2, offered by Representative Eileen Lyons, has been recommended for adoption."

"Representative Eileen Lyons on the Amendment." Lyons, E.: "Thank you, Mr. Speaker. The Amendment merely makes a technical change where it requires no reservoir be built, would specify where that reservoir would not be built. That is in Lyons Township. Thank you."

"Is there any further discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

Speaker Hannig: "Third Reading. House Bill 1010. Read the Bill."

"House Bill 1010, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Third Reading. Mr. Clerk, read House Bill 992."

Clerk Bolin: "House Bill 992, a Bill for an Act to amend the 180  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Property Tax Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Roskam, has been recommended for adoption."

"Representative Roskam."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 is strictly technical. It removes the Department of Revenue's opposition to the Bill, so they're now neutral. I move its adoption."

"Is there any discussion? Hearing none on the adoption of the Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1011. Read the Bill. Out of the record, Mr. Clerk. House Bill 1019. Read the Bill, Mr. Clerk."

"House Bill 1019, a Bill for an Act concerning job training. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed. But a Fiscal Note has been requested on the Bill and has not been filed."

Speaker Hannig: "Representative Holbrook, there's a Fiscal Note requested on the Bill. So, you'll have to get that filed before we can move it. So the Bill will stay on Second Reading. House Bill 1031. Mr. Clerk, read the Bill."

"House Bill 1031, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Third Reading. House Bill 1041. Read the Bill, Mr. Clerk." 181  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"House Bill 1041, a Bill for an Act to amend the Private Detective, Private Alarm, Private Security and Locksmith Act of 1993. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1064."

"House Bill 1064, a Bill for an Act to amend the Private College Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Third Reading. House Bill 1072. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1072, a Bill for an Act concerning the Department of Human Services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

Speaker Hannig: "Third Reading. House Bill 1082. Mr. Clerk, read the Bill."

"House Bill 1082, a Bill for an Act to amend the Illinois Antitrust Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Third Reading. House Bill 1087. Read the Bill."

Clerk Bolin: "House Bill 1087, a Bill for an Act to amend the Illinois Lottery Law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

"Mr. Clerk, leave this on Second Reading. House Bill 1088. Read the Bill."

Clerk Bolin: "House Bill 1088, a Bill for an Act regarding support for unemployed persons. Second Reading of this 182  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1089. Read the Bill. I'm sorry. Representative Schakowsky, do you want House Bill 1088... Okay. Return House Bill 1088 to Second Reading, Mr. Clerk, at the request of the Sponsor. Okay. House Bill 1089. Mr. Clerk, read the Bill."

"House Bill 1089, a Bill for an Act to amend the Illinois Highway Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been recommended for adoption. No Motions filed."

"Third Reading. House Bill 1098. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1098, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been recommended for adoption. No Motions filed."

"Third Reading. House Bill 1099. Read the Bill, Mr. Clerk."

"House Bill 1099, 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 1103. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1103, a Bill for an Act to amend the Public Utilities Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1106. Read the Bill."

Clerk Bolin: "House Bill 1106, a Bill for an Act to amend the 183  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Environmental Protection Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1109. Read the Bill, Mr. Clerk."

Clerk Bolin: "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."

"Third Reading. House Bill 1111. Read the 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. And no Motions filed."

"Third Reading. House Bill 1114. Read the Bill."

Clerk Bolin: "House Bill 1114, a Bill for an Act in relation to gambling. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been recommended for adoption. No Motions filed."

"Third Reading. House Bill 1139. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1139, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been recommended for adoption. No Motions filed."

"Third Reading. House Bill 1148. Read the Bill."

Clerk Bolin: "House Bill 1148, a Bill for an Act to amend the Public Utilities Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor 184  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Amendments. And no Motions filed."

"Third Reading. House Bill 1181. Read the Bill."

Clerk Bolin: "House Bill 1181, a Bill for an Act to amend the Public Community College Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

Speaker Hannig: "Third Reading. House Bill 1185. Read the Bill."

"House Bill 1185, a Bill for an Act to amend the Naprapathic Practice Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

Speaker Hannig: "Third Reading. House Bill 1188. Read the Bill."

"House Bill 1188, a Bill for an Act to amend the Counties Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been recommended for adoption. And no Motions filed."

"Third Reading. House Bill 1194. Read the Bill"

"House Bill 1194, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been recommended for adoption. No Motions filed."

Speaker Hannig: "Third Reading. House Bill 1195. Read the Bill."

"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. Floor Amendment #2, offered by Representative Howard, has been recommended for adoption."

"Representative Howard on the Amendment." 185  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Amendment #2 provides that this Bill, which requires some employers to give benefits to part-time workers, does not apply to the State of Illinois, units of local government, or school districts."

Speaker Hannig: "Is there any discussion? Hearing none on the Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1202. Read the Bill."

Clerk Bolin: "House Bill 1202, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Kenner, has been recommended for adoption."

Speaker Hannig: "Representative Kenner on the Amendment. Is the Gentleman in the Chamber? Representative Turner, would you like to handle the Amendment? The Gentleman from Cook, Representative Art Turner. Out of the record. House Bill 1212. Read the Bill."

"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 have been recommended for adoption. No Motions filed."

"At the request of the Sponsor, this Bill will be held on Second Reading. House Bill 1212. Read the Bill. Excuse me, Mr. Clerk, we just did that one. House Bill 1225. Read the Bill, Mr. Clerk."

"House Bill 1225, a Bill for an Act to amend the Department of Veterans' Affairs Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 186  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Third Reading. House Bill 1220, Mr. Clerk. Read the Bill."

Clerk Bolin: "House Bill 1220, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been recommended for adoption. No Motions filed."

"Third Reading. House Bill 1228. Read the Bill, Mr. Clerk."

"House Bill 1228, a Bill for an Act concerning housing. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1236. Read the Bill, Mr. Clerk."

"House Bill 1236, 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."

"Third Reading. House Bill 1242. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1242, a Bill for an Act to amend the Metropolitan Water Reclamation District Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1245. Read the Bill."

Clerk Bolin: "House Bill 1245, a Bill for an Act to amend the Code of Civil Procedure. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1250. Read the Bill."

Clerk Bolin: "House Bill 1250, a Bill for an Act to amend the 187  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Township Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2 has been adopted. Floor Amendment #3, offered by Representative Mulligan, has been recommended for adoption."

Speaker Hannig: "Representative Mulligan. Is the Lady in the Chamber? Representative Mulligan is recognized on Amendment #3."

"Thank you, Mr. Speaker, Amendment #3 narrows the scope and clarifies the Bill. It would allow the township board of Maine Township in Cook County, with the approval of their highway commissioner, by ordinance of a resolution to expend money from the Road and Bridge Fund to pay for flood control projects of the township."

Speaker Hannig: "Is there any discussion? On the Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1251. Read the Bill, Mr. Clerk."

"House Bill 1251, a Bill for an Act to amend the Election Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mulligan, has been recommended for adoption."

"Representative Mulligan on the Amendment."

"Thank you, Mr. Speaker. Floor Amendment #1 would amend the statement of organization for campaign committees in two spots. It would amend the statement of organization, and it would amend the form. It would add the inclusion of the name and address of candidate officer, or any other person who has authority to decide how 188  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 committee funds are to be dispersed."

"Is there any discussion? Hearing none on the Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1261. Read the Bill, Mr. Clerk."

"House Bill 1261, a Bill for an Act concerning state land. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Novak, has been recommended for adoption."

"Representative Novak on the Amendment."

"Thank you, Mr. Speaker. Floor Amendment #1 simply deletes the current language in the Bill and becomes a Shell Bill. The purpose of the Bill is we are negotiating with the Department of Human Services on some land for the purchase to construct a new jail in Kankakee County. I ask for its adoption."

"Is there any discussion? Hearing none on the Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendments is adopted. Any further Amendments?"

"No further Amendments. However, a Fiscal Note on the Bill as amended has been requested and not filed."

Speaker Hannig: "And so the Bill will remain on Second Reading. House Bill 1271. Read the Bill, Mr. Clerk."

"House Bill 1271, a Bill for an Act to create the Dry Cleaner..."

Speaker Hannig: "Out of the record. House Bill 1280. Read the Bill, Mr. Clerk."

"House Bill 1280, a Bill for an Act to amend the 189  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Uniform Commercial Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Noland, has been recommended for adoption."

"Representative Noland."

"Thank you, Mr. Speaker. Floor Amendment #1 changes the place where financing statements covering agriculture collateral are filed. It's the agreed language between the Community Bankers, the Association of County Clerks and Recorders."

"Is there any discussion? Hearing none, then, on the Amendment. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

Speaker Hannig: "Third Reading. House Bill 1286. Read the Bill."

"House Bill 1286, 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 Hannig: "Third Reading. House Bill 1305. Read the Bill."

"House Bill 1305, 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. House Bill 1320. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1320, a Bill for an Act to amend the Illinois Act on the Aging. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No 190  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Motions filed."

"Third Reading. House Bill 1321. Read the Bill, Mr. Clerk."

"House Bill 1321, a Bill for an Act to amend the Uniform Peace Officers Disciplinary Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

Speaker Hannig: "Third Reading. House Bill 1337. Read the Bill."

"House Bill 1337, a Bill for an Act concerning child support. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Poe, has been recommended for adoption."

"The Gentleman from Sangamon, Mr. Poe."

"Yes, Mr. Speaker. This went through committee this morning with a unanimous vote. This is an Amendment that becomes the Bill. And this offers the Illinois Directory of New Hires. And it's something that will put us in compliance with Federal Law and their new welfare program."

"Okay. Is there any discussion? All in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

Speaker Hannig: "Third Reading. House Bill 1368. Read the Bill."

"House Bill 1368, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Myers, has been recommended for adoption."

"Representative Myers on the Amendment."

"Thank you, Mr. Chairman (sic - Speaker). The Amendment makes two changes to the Bill. First, it deletes the word 191  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 'death', and changes the wording in another line from, 'serious physical injury' to 'five or more persons'."

Speaker Hannig: "Is there any discussion? Then on the Gentleman's Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

Speaker Hannig: "Third Reading. Mr. Clerk, read House Bill 1373."

"House Bill 1373, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mitchell, has been recommended for adoption."

"Representative Mitchell on the Amendment."

"Thank you, Mr. Speaker. Amendment #1 becomes the Bill. What we've done, basically, is make it a Class B misdemeanor for anyone being 'in', and it will say 'on', when we get to Amendment 2, in any commercial building. This comes from a constituent's problem in Walnut, Illinois. They had some young men get on top of the building, jump off on an air conditioning unit, caused some damage and found out there was no way to recover any of the cost for repair because there was no law that covered that situation. We're trying to close a loophole in the law that will allow states attorneys to charge, at least, a Class B misdemeanor for being in a public building after it's closed for business that day."

Speaker Hannig: "Is there any discussion? Hearing none on the Amendment. All in favor say 'aye'; opposed 'no'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?" 192  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

Clerk Bolin: "Floor Amendment #2, offered by Representative Mitchell, has been recommended for adoption."

"Representative Mitchell."

"Thank you, Mr. Speaker. Basically, this just adds two words to the Bill, and I've already explained it. Instead of 'in' it will read now 'in or on' a commercial building. That's the only changes, technical in nature."

"Any discussion on the Amendment? Hearing none, all in favor say 'aye'; all opposed say 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1377. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1377, a Bill for an Act to amend the Community Services Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hannig: "Third Reading. House Bill 1381. Read the Bill."

"House Bill 1381, a Bill for an Act to amend the Dietetic and Nutrition Services Practice Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1382. Read the Bill."

Clerk Bolin: "House Bill 1382, a Bill for an Act to amend the Hearing Instrument Consumer Protection Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hannig: "Third Reading. House Bill 1383. Read the Bill." 193  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"House Bill 1383, a Bill for an Act to amend the Structural Engineering Licensing Act of 1989. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1389. Read the Bill."

Clerk Bolin: "House Bill 1389, a Bill for an Act concerning assisted living establishments. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1407. Read the Bill."

Clerk Bolin: "House Bill 1407, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Brosnahan, has been recommended for adoption."

"Representative Brosnahan on the Amendment. Out of the record. House Bill 1409. Read the Bill, Mr. Clerk."

"House Bill 1409, a Bill for an Act to provide for supplemental procedures and issuance of obligations in connection with the making of local improvements through special assessments. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1418, 1418. Read the Bill."

Clerk Bolin: "House Bill 1418, a Bill for an Act concerning currency exchanges in Europe. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Erwin, has been recommended for 194  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 adoption."

"The Lady from Cook, Representative Judy Erwin, on the Amendment."

"Thank you, Speaker. Amendment #1 to House Bill 1418 makes some technical corrections. This is a Bill to ensure that when Europe goes to a Euro dollar, that financial transactions in the United States will not be adversely affected. I move the adoption of Floor Amendment #1."

"Is there any discussion? Hearing none, the question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1420. Read the Bill, Mr. Clerk."

"House Bill 1420, 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 Hannig: "Third Reading. House Bill 1421. Read the Bill."

"House Bill 1421, a Bill for an Act concerning insurance benefits for certain firefighters and police officers. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1422. Read the Bill."

Clerk Rossi: "House Bill 1422, a Bill for an Act concerning the right of publicity. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Art Turner, has been recommended for adoption." 195  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

Speaker Hannig: "The Gentleman from Cook, Representative Art Turner, on the Amendment. Is the Gentleman in the Chamber? Representative Art Turner. Here comes the Gentleman. House Amendment, Floor Amendment #1. Representative Art Turner." Turner, A.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 becomes the Bill. And what it does is it... what we're trying to do in this Bill is provide that a person's identity is his property rights, and that it cannot be used for commercial purposes. So that those of us, people who are public figures, sports figures, it allows their heirs the ability to control what happens with their figure after they have passed on. And I move for the favorable adoption of Amendment #1."

Speaker Hannig: "And on that question, the Gentleman from Vermilion, Representative Black."

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

"He will."

"Representative, there's one part of Floor Amendment #1 that just thoroughly confuses me. And that is the termination of your right of publicity. And it says, 'Your right of publicity will terminate if you die.' Could you explain that to me? I mean, isn't that kind of redundant? I assume if you die, your right of publicity is going to terminate." Turner, A.: "Representative, I'm having a hard time hearing you. You said something about my right of publicity? Say it again."

"There's a section in the Amendment on termination of rights. And it said your rights of publicity could be terminated if you're deceased." 196  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Turner, A.: "That's right."

"Does that really need to be in here?" Turner, A.: "Well, what we're trying to do, Representative, is that although you're deceased, your likeness, your stature, your voice..."

"My statue? I didn't know I had one." Turner, A.: "No, stature. All of those things are still commodities that can be sold on the open market. And so what we're trying to do is protect your heirs to make certain that although you're not around, you are around. And we want to make certain that they're able to receive any financial benefits from that."

"Well, when you say protect the heir, are you amending the Clean Air Act?" Turner, A.: "No, Representative. It's not that air we're trying to amend. Actually, we're trying to provide this... one of the genesis, or one of the people that we were thinking about when we created this Amendment was his airiness, Air Jordan. And so, it's that type of heir that we're thinking about, more so than the clean air."

"Are you going to put Harry Caray in this Amendment, as well?" Turner, A.: "Representative, this Amendment would certainly cover holy cow, it certainly covers him."

"All right, in that case it's a good Amendment. Thank you."

Speaker Hannig: "Is there any further discussion? Hearing none, the question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. Mr. Clerk, what is the status of 197  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 House Bill 1373?"

"House Bill 1373 is on the Order of Third Reading."

Speaker Hannig: "Bring that Bill back to Second Reading. And Representative Mitchell is recognized on the Order of Motions to Table."

"Thank you, Mr. Speaker. I would like to table Amendment #1 on House Bill 1373."

"Is there any discussion? The Gentleman moves to table Amendment #1 on House Bill 1373. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is tabled. Are there any other Motions or Amendments?"

"No other Motions."

"Or Amendments?"

"No further Amendments."

"Third Reading. House Bill 1424. Read the Bill."

"House Bill 1424, a Bill for an Act to amend the Sex Offender Registration Act. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Brosnahan, has been recommended for adoption."

Speaker Hannig: "Representative Brosnahan, out of the record. House Bill 1428. Call the Bill."

"House Bill 1428, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Winters, has been recommended for adoption."

"Representative Winters."

"I'd like to remove Amendment 1 from consideration."

"Withdrawn. Any further Amendments?" 198  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

Clerk Bolin: "Floor Amendment 2, offered by Representative Winters, has been recommended for adoption."

"Representative Winters on Amendment #2."

"Amendment #2 does some technical language, changing 'arbitrary' with 'unreasonable', and removing 'or labor' from line 13, page 2. I move its adoption."

Speaker Hannig: "Is there any discussion? Hearing none, the question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1433. Read the Bill."

Clerk Bolin: "House Bill 1433, a Bill for an Act concerning law enforcement records and reports. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been recommended for adoption. No Motions filed."

Speaker Hannig: "Third Reading. House Bill 1436. Read the Bill."

"House bill 1436, a Bill for an Act concerning the Department of Commerce and Community Affairs. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"At the request of the Sponsor, hold this on Second Reading. House Bill 1437. Read the Bill."

Clerk Bolin: "House Bill 1437, a Bill for an Act to amend the Illinois Guarantee Job Opportunity Act. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Younge, has been recommended for adoption."

"Representative Younge on the Amendment." 199  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"The Amendment, which has been approved, would permit this Act to be funded by state funds. And I move for the adoption of the Amendment."

"Is there any discussion? Hearing none, the question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

Speaker Hannig: "At the request of the Sponsor, the Bill will stay on Second Reading. House Bill 1441. Read the Bill."

"House Bill 1441, a Bill for an Act to amend the Arts Council Act. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Younge, has been recommended for adoption."

"Representative Younge."

"Thank you, Mr. Speaker. This Amendment removes the words, 'building repair', as the subject matter, the grant. And I move for the adoption of the Amendment."

Speaker Hannig: "Is there any discussion? Hearing none, all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1444. Read the Bill."

Clerk Bolin: "House Bill 1444, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Scully, has been recommended for adoption."

"Representative Scully. Representative Scully on House Amendment #1. Representative Scully on House Amendment #1." 200  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"House Amendment #1 amends the Vehicle... House Amendment #1 to House Bill 1444 places limitation that in no event, however, may the county treasurer refund taxes paid by the treasurer during a period that exceeds 10 years immediately preceding the year in which the refund was made."

Speaker Hannig: "Is there any discussion? Hearing none on the Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

"Third Reading. House Bill 1452... House Bill 1499. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1499, a Bill for an Act to amend the Emergency Medical Services Systems Act. Second Reading of this House Bill."

Speaker Hannig: "Out of the record, Mr. Clerk. House Bill 1501. Read the Bill."

"House Bill 1501, a Bill for an Act to amend the..."

"Out of the record, Mr. Clerk. House Bill 1534. Read the Bill, Mr. Clerk."

Clerk Bolin:" "House Bill 1534, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Wirsing, has been recommended for adoption."

"Representative Wirsing. Representative Wirsing on the Amendment."

"Thank you, Mr. Speaker. It's been a long day. Amendment #1 to 1534 simply just corrects a couple of areas that the initial underlying Bill did not have in it when it passed out of committee. There's nothing major in the change in this just, like I say, some simple cleanup 201  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 aspects of it."

"Is there any discussion? Then on the Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments."

Speaker Hannig: "Third Reading. House Bill 1548. Read the Bill."

"House Bill 1548, 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 Hannig: "Third Reading. House Bill 1556. Read the Bill."

"House Bill 1556, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment 2, offered by Representative Phelps, has been recommended for adoption."

Speaker Hannig: "The Chair recognizes Representative Phelps on Floor Amendment #2. Out of the record, Mr. Clerk. House Bill 1565. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1565, a Bill for an Act to amend the Health Maintenance Organization Act. Second Reading..."

"Out of the record, Mr. Clerk. House bill 1574. Read the Bill, Mr. Clerk."

Clerk Bolin: "House Bill 1574, 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."

"Third Reading. House Bill 1595. Read the Bill, Mr. Clerk."

"House Bill 1595, a Bill for an Act to amend the 202  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Consumer Fraud and Deceptive Business Practices Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hannig: "Third Reading. House Bill 1596. Read the Bill."

"House Bill 1596, 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. And no Motions filed."

Speaker Hannig: "Third Reading. House Bill 1597. Read the Bill."

"House Bill 1597, 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. And no Motions filed."

Speaker Hannig: "Third Reading. House Bill 1598. Read the Bill."

"House Bill 1598, 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..."

Speaker Hannig: "Out of the record, Mr. Clerk. House Bill 1610. Read the Bill."

"House Bill 1610, a Bill for an Act concerning motor vehicles. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1620. Read the Bill."

Clerk Bolin: "House Bill 1620, a Bill for an Act to amend the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions 203  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 filed."

"Third Reading. House Bill 1629. Read the Bill."

Clerk Bolin: "House Bill 1629, a Bill for an Act concerning commercial transactions. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Mr. Clerk, take this out of the record. House Bill 1635. Read the Bill."

Clerk Bolin: "House Bill 1635, 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. And no Motions filed."

"Third Reading. House Bill 1637. Read the Bill."

Clerk Bolin: "House Bill 1637, 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 1639."

"House Bill 1639, 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 Hannig: "Third Reading. House Bill 1643. Read the Bill."

"House Bill 1643, a Bill for an Act concerning criminal background checks. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative O'Brien, has been recommended for adoption."

"Representative O'Brien. Representative O'Brien. 204  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Representative O'Brien, you're recognized on House... on Floor Amendment #1."

"Yes, this Amendment makes a technical change to the Bill, made at the request of the state police and the Sheriffs' Association. And it would require that the sheriff's departments that would do these background checks would do it in the form and manner prescribed by the state police."

"Is there any discussion? The Gentleman from Vermilion, Representative Black."

"Yeah, thank you very much, Mr. Speaker. It's very hard to hear in here. But will the Sponsor yield?"

"She will."

"Representative, our staff indicates that the Amendment becomes the Bill. Is that your understanding?"

"Yes."

"So everything is deleted in our original copy. Are you... It starts out by amending the health care worker background check, and then gets into school bus drivers."

"Yes. Both health care workers and the nursing homes, and school bus drivers are required to have criminal background checks and fingerprinting done. And this Bill would allow for the sheriff's department in each county to determine whether or not they want to do that, and they can do it and then submit the information to the state police."

"I'm sorry, I really can't hear you. In other words, a health care worker driving a school bus has to have a background check?"

"That's right. No, both the health care workers, and the school bus drivers right now have to have the background checks and the fingerprinting. And this would allow the sheriff's departments to do that, as well as the 205  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 state police."

"Okay. Is this a mandate on any particular unit of government?"

"No. It is completely permissive."

"I'm having a hard time figuring this out. But, all right, we'll talk about it. Thank you, Representative."

Speaker Hannig: "Any further discussion? If not, on the Amendment, all in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

"No further Amendments. However, a State Mandates Note for the Bill as amended has been requested, and has not been filed."

"So, Representative O'Brien, there's been request for a note, and so the Bill is held on Second Reading. House Bill 1654. Call the Bill."

Clerk Bolin: "House Bill 1654, 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. But a Fiscal Note has been requested on the Bill and has not been filed."

Speaker Hannig: "The Bill will remain on Second Reading. House Bill 1664. Read the Bill."

"House Bill 1664, a Bill for an Act to amend the Clinical Psychologist Licensing Act. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mitchell, has been recommended for adoption."

Speaker Hannig: "The Gentleman from Whiteside, Representative Mitchell, on the Amendment."

"Thank you, Mr. Speaker. I would like for this Bill to remain on Second Reading." 206  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Do you wish to adopt the Amendment?"

"It would be fine to adopt the Amendment, but I'd still like to leave it on Second Reading, if I could do that."

"Yes, you may."

"Thank you. We're at this time working out an agreement with the clinical psychologists on this situation."

"So, out of the record, at the request of the Sponsor. House Bill 1674. Read the Bill."

Clerk Bolin: "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."

"Third Reading. House Bill 1699. Call the Bill."

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

"Third Reading. House Bill 1719. Call the Bill."

Clerk Bolin: "House Bill 1719, 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. House Bill 1730. Call the Bill."

Clerk Bolin: "House Bill 1730, 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 1735. Call the 207  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Bill."

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 have been recommended for adoption. No Motions filed."

"Third Reading. House Bill 1746. Call the Bill."

Clerk Bolin: "House Bill 1746, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Acevedo, has been recommended for adoption."

"Representative Acevedo, on the Amendment. Out of the record. House Bill 1757. Call the Bill."

Clerk Bolin: "House Bill 1757, a Bill for an Act to amend the Human Resource Investment Council Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

"Third Reading. House Bill 1760."

"House Bill 1760, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Joseph Lyons, has been recommended for adoption."

Speaker Hannig: "The Gentleman from Cook, Representative Joe Lyons. Representative Lyons. Representative Joe Lyons. Representative Joseph Lyons, your Amendment is on the board. Okay. Out of the record. House Bill 1761. Read the Bill."

Clerk Bolin: "House Bill 1761, 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." 208  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Third Reading. House Bill 1767."

"House Bill 1767, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

"Third Reading. (sic - House Bill) 1772. House Bill 1772. Read the Bill."

Clerk Bolin: "House Bill 1772, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. And no Motions filed."

Speaker Hannig: "Third Reading. House Bill 1776. Read the Bill."

"House Bill 1776, a Bill for an Act concerning public records. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1..."

"Out of the record. Out of the record. House Bill 1777. Read the Bill."

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 Hannig: "Third Reading. House Bill 1782. Read the Bill."

"House Bill 1782, a Bill for an Act concerning preventive services. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Smith, has been recommended for adoption."

Speaker Hannig: "Representative Smith is recognized on the Amendment."

"Thank you, Mr. Speaker. Amendment #1 makes corrections, changes to the Bill that Committee Members advised would, 209  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 in the case of the Department of Rehabilitation Services, would require the department, or allow the department to keep their list in the regional offices, and would also require homemakers, upon a written request, to have their names removed from the registry. I believe this removes any opposition to the Bill. And I would move for the adoption of the Amendment."

Speaker Hannig: "And on that question, the Gentleman from Vermilion, Representative Black."

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

"He will."

"Representative, our staff indicates that with the adoption of the Amendment the Department of Aging will probably oppose the Bill. Is that different than what you've heard?"

"Yes. That's not my understanding. I haven't had any contact."

"All right. I'll tell you, just so we can talk about it Monday or something. Let me file a Fiscal Note on it as amended so we can get the department over here and see what the problem is."

"Thank you."

"Thank you, Mr. Speaker."

"Is there any further discussion? If not, the question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Representative Smith, there's a Fiscal Note requested on the Bill, so the Bill will remain on Second. House Bill 1783. Read the Bill."

"House Bill 1783, a Bill for an Act regarding preventative services. Second Reading of this House Bill. 210  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hannig: "Third Reading. Mr. Clerk, what's the status of House Bill 53?"

"House Bill 53 is on the Order of Third Reading."

"Move that Bill to Second Reading. What is the status of House Bill 424?"

"House Bill 424 is on the Order of Third Reading."

"Return that Bill to Second Reading. What is the status of 587, House Bill 587?"

"House Bill 587 is on the Order of House Bills Third Reading."

"Return that Bill to Second Reading. What is the status of House Bill 655?"

"House Bill 655 is on the Order of House Bills Third Reading."

"Return that Bill to Second Reading. What is the status of House Bill 710?"

"House Bill 710 is on the Order of House Bills Third Reading."

Speaker Hannig: "Return that Bill to Second Reading. House Bill 818. Read the Bill, Mr. Clerk. What is the status of the Bill?"

"House Bill 818 is on the Order of House Bills Third Reading."

Speaker Hannig: "Return that to Second Reading. House Bill 861. What is the status of that Bill?"

"House Bill 861 is on the Order of Third Reading."

"Return that to Second. What is the status of House Bill 1031, (Sic-House Bill) 1031, Mr. Clerk? (sic - House Bill) 1031."

"House Bill 1031 is on the Order of Third Reading." 211  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997

"Return that to Second. House Bill 1356. What is the status, Mr. Clerk?"

"House Bill 1356 is on the Order of Third Reading."

Speaker Hannig: "Return that Bill to Second. House Bill 1389. What is the status, Mr. Clerk?"

"House Bill 1389."

"Return that Bill to Second. What is the status of House Bill 1188?"

"House Bill 1188 is on the Order of Third Reading."

"Return that to Second Reading, Mr. Clerk. House Bill 1420. What is the status?"

Clerk Bolin: "House Bill 1420 is on the Order of House Bills Third Reading."

"Return that to Second, Mr. Clerk. And what is the status of 1433?"

"House Bill 1433 is on the Order of Third Reading."

Speaker Hannig: "Return that to Second, Mr. Clerk. Ladies and Gentlemen of the House, the Chair would like to announce that the following committees will be meeting on Monday: Judiciary II Committee Criminal Law will be meeting at noon in Room 114. From 12:00 to 12:30 Agriculture, Human Services, Registration Regulation, and Transportation will be meeting. And at 12:30 to 1:00 the Executive Committee will be meeting in Room 122B, Judiciary Committee Civil Law will be meeting in Room 118, Labor and Commerce will be meeting in C-1, and Local Government will be meeting in D-1. And now, Representative Morrow moves that allowing perfunctory time for the Clerk, that the House stand adjourned until Monday, April 14, at the hour of 1:00 p.m... All in favor say 'aye'; all opposed say 'no'. The 'ayes' have it and the House stands adjourned."

Clerk Rossi: "The House Perfunctory Session will come to order. 212  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day April 12, 1997 Introduction - First Reading of Senate Bills. Senate Bill 358, offered by Representative Parke, a Bill for an Act to amend the Condominium Property Act. Senate Bill 378, offered by Representative Parke, a Bill for an Act to amend the Environmental Protection Act. Senate Bill 557, offered by Representative Phelps, a Bill for an Act to amend the School Code. First Reading of these Senate Bills." 213