Illinois General Assembly Floor TranscriptsBrowseHouse90th GA

Illinois House Floor Debate — March 30, 1998

90th General Assembly (1997-1998) · Legislative day 105 · Regular Session
Chamber
House
General Assembly
90th (1997-1998)
Date
March 30, 1998
Legislative day
105
Session
Regular Session
Speaker turns
329
Original
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Speaker Hartke

"The House will come to order. Members will be in their chairs. We'll be led today in prayer by Lee Crawford, who is Assistant Pastor at Victory Temple Church in Springfield. Our guests in the gallery may wish to join us for prayer. Pastor Crawford."

Pastor Crawford

Pastor Crawford: "Let us pray. Most precious and eternal God in Heaven, we pray according to the words of Your servant, St. John. But this is the confidence that we have in You, that whatsoever we ask You according to Your will that You will hear us. I ask that You would hear us, oh Lord, as we ask for peace. We ask for love. We ask for joy and comfort. We ask for compassion, wisdom, understanding and, above all, we ask for guidance in all of our ways and decisions that we may make this day. This we kindly ask. Amen."

Speaker Hartke

Speaker Hartke: "We'll be led in the Pledge today by Representative Lou Lang." Lang: - et al: "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

Speaker Hartke

Speaker Hartke: "Roll Call for Attendance. The Chair recognizes the Gentleman from Cook, Mr. Bergman. For what reason do you rise?"

Bergman

"Mr. Speaker, Representative Brown is present today, but none of the switches on his console work. Could you have the electrician take a look at it?"

Speaker Hartke

"We'll have that checked. The Chair recognizes the Gentleman from Kendall County, Mr. Cross, excused absences on the Republican side."

Cross

"Thank you, Mr. Speaker. If the record would reflect, the Representatives Kubik, Daniels, Brown, and Skinner are excused, those four. Thank you." 1 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Speaker Hartke

Speaker Hartke: "Representative Hannig, excuses on the Democrat side."

Hannig

"Yes. Thank you, Mr. Speaker. From our side of the aisle, Representative Slone, Representative Mike Smith, Representative Frank Mautino, and Representative Phil Novak are excused today."

Speaker Hartke

"Mr. Clerk, take the record. There are 109 Members answering the call, and there is a quorum present."

Rossi

Clerk Rossi: "The House Rules Committee will meet at 3:15 in the Speaker's Conference Room. The Rules Committee will meet at 3:15 in the Speaker's Conference Room."

Speaker Hartke

Speaker Hartke: "On page 14 of the Calendar appears House Bill 3063. Representative Durkin. Mr. Clerk, call the Bill. The Chair recognizes Representative Durkin."

Durkin

"Thank you, Mr. Speaker. Would you remove... move this Bill back to the Second Reading for purposes of an Amendment?"

Speaker Hartke

"Mr. Clerk, place that Bill on Second Reading. Are there any Motions filed? Are there any Amendments filed? On page 2 of the Calendar appears House Bill 109. Representative Hannig. Out of the record. On page 2 of the Calendar appears House Bill 174. Representative Lang. Out of the record. On page 2 appears House Bill 2167. Representative Burke. Out of the record. On page 2 of the Calendar appears House Bill 2307. Representative Hannig. Out of the record. House Bill 2370. Representative Gash. Out of the record. House Bill 2373. Representative Lindner. Out of the record. House Bill 2374. Representative Jones. Out of the record. House Bill 2380. Representative Hannig. Representative Hannig, House Bill 2380. Mr. Clerk, read the Bill."

Rossi

"House Bill 2380, a Bill for an Act amending the 2 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 General Obligation Bond Act. Second Reading of this House Bill. Amendment #1... There are no Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 2436. Representative Hassert. Out of the record. The Chair recognizes the Gentleman from Vermilion, Representative Black."

Speaker Hartke

"State..."

Black

"Yes. Thank you very much, Mr. Speaker. I have an Inquiry of the Chair. Over the den... over the den of the chamber."

Speaker Hartke

"Representative Black."

Black

"Yes. Thank you. An inquiry of the Chair."

Speaker Hartke

"State your inquiry."

Black

"Tonight, by law, are the various county conventions, and I notice... couldn't help but notice some people, who are going to be actively participating in those county conventions, are not here. So I wondered if the Chair could advise as to when we might adjourn, because there are some of us that would like to get back to our county conventions, if at all possible."

Speaker Hartke

Speaker Hartke: "Mr. Black, I'll check into that and inform you as soon as I find out."

Black

"It would be very kind of you. If you could possibly check in before 4:30, it takes me about two and a half hours to get home."

Speaker Hartke

"Is that legislative speed or legal speed?"

Black

"Well, with all the laws we passed out of here last week, I'm going to go 45 miles an hour. What can I tell you, unless I get real mad and then if that's road rage, then I'm a felon, you know."

Speaker Hartke

Speaker Hartke: "I've heard that about you. House Bill 2443. Representative Capparelli. Out of the record. (House 3 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 Bill) 2444. Representative Capparelli. Out of the record. House Bill 2489. Representative Fritchey. Sixty-nine, excuse me. Out of the record. On page 3 of the Calendar is House Bill 2498. Representative Flowers. Out of the record. House Bill 2503. Representative Lindner. Out of the record. House Bill 2553. Representative Scott. Mr. Clerk, read the Bill."

Rossi

"House Bill 2553, a Bill for an Act concerning sanitary districts. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 2564. Representative Dart. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 2564, the Bill has been read a second time previously. No Committee Amendments. No Floor Amendments. No Motions filed. A Home Rule Note has been requested on the Bill, and the Note has not been filed."

Speaker Hartke

Speaker Hartke: "Leave that Bill on Second. House Bill 2605. Representative O'Brien. Out of the record. House Bill 2607. Representative Stroger. Out of the record. House Bill 2624. Representative Lang. Out of the record. House Bill 2625. Representative Brosnahan. Mr. Clerk, read the Bill. There are Notes outstanding on the Bill. It has to remain on Second. House Bill 2634. Representative McAuliffe. Out of the record. House Bill 2636. Representative Winkel. Representative Winkel. Out of the record. House Bill 2637. Representative Winkel. Out of the record. House Bill 2645. Representative Klingler. Out of the record. House Bill 2652. Representative Kosel. Out of the record."

Rossi

Clerk Rossi: "The Rules Committee will meet immediately in the Speaker's Conference Room. The Rules Committee will meet 4 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 immediately in the Speaker's Conference Room."

Speaker Hartke

Speaker Hartke: "House Bill 2656. Representative Burke. Out of the record. House Bill 2687. Representative Saviano. Mr. Clerk, read the Bill."

Rossi

"House Bill 2687."

Speaker Hartke

"Out of the record. On page 14 of the Calendar appears House Bill 3126. Representative McCarthy."

McCarthy

"Thank you, Mr. Speaker. I'd like this Bill moved back to Second Reading for purpose of an Amendment, please."

Speaker Hartke

Speaker Hartke: "Mr. Clerk, move that Bill back to Second Reading."

McCarthy

"Thank you."

Speaker Hartke

"Are any other Motions filed?"

Rossi

"No Motions are filed."

Speaker Hartke

"Any Amendments?"

Rossi

"No Amendments are filed."

Speaker Hartke

Speaker Hartke: "Okay. Mr. Clerk, are there any Amendments filed?"

Rossi

"Amendment #1 has been filed and has been assigned to the Rules Committee."

Speaker Hartke

Speaker Hartke: "Let that Bill be placed on Second Reading. Committee Reports."

Rossi

"Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following items were referred, action taken on March 30, 1998, reported the same back with the following recommendation: 'to the Floor for Consideration' Floor Amendment #2 to House Bill 2645; Floor Amendment #1 to House Bill 2656; Floor Amendment #1 to House Bill 2774; Floor Amendment #2 to House Bill 2814; Floor Amendment #2 to House Bill 3030; Floor Amendment #1 to House Bill 3069; Floor Amendment #3 to House Bill 3399; Floor Amendment #2 to House Bill 3625; 5 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 Floor Amendment #2 to House Bill 3652; Floor Amendment #3 to House Bill 3697; Floor Amendment #2 to House Bill 3778 and Floor Amendment #3 to House Bill 3778."

Speaker Hartke

Speaker Hartke: "On page 4 of the Calendar appears House Bill 2688. Representative Saviano. Okay. Out of the record. House Bill 2690. Out of the record. House Bill 2721. Representative Brunsvold. Joel Brunsvold. Representative Brunsvold, do you care to call that Bill? Out of the record. House Bill 2746. Representative Hoffman. Representative Hoffman. Out of the record. House Bill 2756. Representative McGuire. Jack McGuire. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 2756. The Bill has been read a second time previously. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 2797. Representative Ronen. Carol Ronen. Out of the record. House Bill 2800. Representative Righter. Dale Righter. Out of the record. House Bill 2814. Representative Giles. Out of the record. House Bill 2821. Representative Kubik. Out of the record. House Bill 2842. Representative Kubik. Out of the record. House Bill 2846. Representative Giglio. Out of the record. House Bill 2885. Representative Mitchell. Representative Mitchell, 2885. Out of the record. House Bill 2921. Representative Ronen. Carol Ronen. Out of the record. House Bill 2944. Representative Reitz. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 2944 has been read a second time previously. No Committee Amendments. Floor Amendment #1, offered by Representative Reitz, has been approved for consideration."

Speaker Hartke

"Mr. Reitz. Reitz." 6 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Reitz

"Thank you, Mr. Speaker. I do have an Amendment. In discussion with the Municipal League, all I had changed the word 'shall' to 'may' makes it permissive for local water commission to pay expenses, and that's what this Bill does."

Speaker Hartke

"Is there any discussion? Seeing none, all those in favor signify by saying 'aye'; opposed 'no'. The opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

Rossi

"No further Amendments."

Speaker Hartke

"Third Reading. On page 5 of the Calendar appears House Bill 3016. Representative Burke. Danny Burke. Out of the record. On page 6 of the Calendar appears House Bill 3019. Representative Smith. Out of the record. On page 6 appears House Bill 3067. Representative Durkin. Out of the record. On page 6 of the Calendar appears House 3127. Representative Kenner. Out of the record. House Bill 3128. Representative Hassert. Representative Hassert. Out of the record. House Bill 3147. Representative Erwin. Judy Erwin. Out of the record. House Bill 20, excuse me, 3197. Representative O'Brien. Out of the record. House Bill 3225. Representative Saviano. (House Bill) 3225. Mr. Clerk, read the Bill."

Rossi

"House Bill 3225 has been read a second time previously. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 3235. Representative Schoenberg. Out of the record. House Bill 3236. Representative Meyer... Myers. Out of the record. House Bill 3279. Representative Lindner. Mr. Clerk, read the Bill." 7 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Rossi

"House Bill 3279 has been read a second time previously. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 3318. Representative Feigenholtz. Mr. Clerk, read the Bill."

Rossi

"House Bill 3218... 3318, a Bill for an Act amending the Communicable Disease Prevention Act. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."

Speaker Hartke

Speaker Hartke: "Representative Feigenholtz. Would you like to leave that... Leave that Bill on Second, Mr. Clerk. House Bill 3356. Representative Wait. Ron Wait. Out of the record. House Bill 3375. Representative Bergman. Out of the record. House Bill 3386. Representative Pugh. Out of the record. House Bill 3389. Representative O'Brien. Mr. Clerk, read the Bill."

Rossi

"House Bill 3389. The Bill has been read a second time previously. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 3399. Representative Lou Jones. Representative Lou Jones."

Rossi

"There's a Note outstanding on this."

Speaker Hartke

Speaker Hartke: "Out of the record. House Bill 3446. Representative Schakowsky. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 3446 has been read a second time previously. Amendment #1 was adopted in committee. No Motions have been filed. Floor Amendment #2, offered by Representative Schakowsky, has been approved for consideration."

Speaker Hartke

"Representative Schakowsky."

Schakowsky

"Thank you, Mr. Speaker and Ladies and Gentlemen of 8 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 the House. The... the Bill, as amended in committee, made reference to a Federal Act that was not correct, and so all this Amendment does, it's a technical Amendment that changes the reference to the correct Federal Act, and I would urge its adoption."

Speaker Hartke

"Is there any discussion? The Chair recognizes the Gentleman from Kendall, Representative Cross."

Cross

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

Speaker Hartke

"Indicates she will."

Cross

"Representative, are under... or my understanding, from reading through the file, is that the Department of Human Services is a... has been opposed to your Bill. Is that accurate?"

Schakowsky

"To the legislation itself?"

Cross

"To House Bill 3446."

Schakowsky

"Yeah. They're not opposed to getting to this Amendment though."

Cross

"Well, so I don't get caught up in a... in a... so we make everything clear here. The Amendment does not remove their opposition, is that correct?"

Schakowsky

"No, it doesn't."

Cross

"Is there a... has there been an attempt or have you been willing to try to work with DHS to resolve their opposition or remove their opposition?"

Schakowsky

"Well, this has been an on... this has been a long ongoing debate that I hope, after we get the Bill in shape, that I'll be able to have further discussions with them on this. It deals with the family violence option, and I do intend... I have been talking with them, and I plan to talk to them more, but I'd like to get the legislation so that at least it's correct."

Cross

"Okay, thank you very much for answering the questions." 9 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Speaker Hartke

"Further discussion? Seeing none, Representative Schakowsky. You've heard the Lady's motion to adopt the Amendment. All those in favor signify by saying 'aye'; those opposed 'no'. Opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

Rossi

"No further Amendments."

Speaker Hartke

Speaker Hartke: "Third Reading. House Bill 3447. Representative Silva. Out of the record. House Bill 3461. Representative Murphy. Representative Murphy, House Bill 3461. Mr. Clerk, read the Bill."

Rossi

"House Bill 3461 has been read a second time previously. No Committee Amendments. Floor Amendment #1, offered by Representative Harold Murphy, has been approved for consideration."

Speaker Hartke

"Representative Murphy." Murphy, H.: "House Bill 3461, Amendment #1 to that Bill, all it does is add two additional board members."

Speaker Hartke

"Are there any questions? The Chair recognizes the Gentleman from Vermilion, Representative Black."

Black

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

Speaker Hartke

"Indicates he will."

Black

"Representative, I believe the Amendment deletes all portions of the Election Code in your underlying Bill, doesn't it?" Murphy, H.: "Well, that's right, instead of being elected, they're appointed board members."

Black

"Okay. So in other words, it's going to provide for the appointment of these board members by their county district commissioner?" Murphy, H.: "That's right."

Black

"And then how does it work when it gets down into Will 10 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 County?" Murphy, H.: "Well, Will County will have two additional board members that will represent Will County at large."

Black

"Okay. So the Amendment does not become the Bill. It just changes the way these commissioners will be... instead of elected, they're going to be appointed to the board, correct?" Murphy, H.: "That's correct."

Black

"All right. Thank you very much."

Speaker Hartke

"Further discussion? Seeing none, all those in favor of the Amendment signify by saying 'aye'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments? "

Rossi

"No further Amendments."

Speaker Hartke

"Any other Motions?"

Rossi

"No other Motions."

Speaker Hartke

"Third Reading. House Bill 3476. Representative Scully. George Scully. Mr. Clerk, read the Bill."

Rossi

"House Bill 3476 has been read a second time previously. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 3502. Representative Gash. Out of the record. On page 9 of the Calendar appears House Bill 3520. Representative Saviano. Out of the record. House Bill 3524. Representative Hannig. Representative Gary Hannig. Out of the record. House Bill 3539. Representative Woolard. Larry Woolard. Out of the record. House Bill 3556. Excuse me. On page 10 of the calendar is House Bill 3575. Lou Jones. Representative Lou Jones. Mr. Clerk, read the Bill."

Rossi

"House Bill 3575 has been read a second time previously. No Committee Amendments. No Floor Amendments. 11 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 No Motions filed."

Speaker Hartke

"Third Reading. House Bill 3593. Representative Morrow. Out of the record. House Bill 3630. Representative McGuire. Out of the record. House Bill 3632. Representative Scott. Out of the record. House Bill 3652. Judy Biggert. Representative Biggert. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 3652 has been read a second time previously. Amendment #1 was adopted in committee. No Motions have been filed. Floor Amendment #2, offered by Representative Biggert, has been approved for consideration."

Speaker Hartke

"Representative Biggert."

Biggert

"Thank you, Mr. Speaker, Ladies and Gentlemen. The Amendment #2 is to just put in the words 'the same' and that is really to ensure that... that the defendant who is eligible for the death penalty, convicted of first degree murder, and has issued an order of protection, and the Amendment just says that, ensures that the order of protection would be entered and issued by the person who would have been the victim. And I would ask for a passage of that Amendment."

Speaker Hartke

Speaker Hartke: "Discussion on the Amendment? The Chair recognizes the Gentleman from Cook, Representative Dart."

Dart

"Thank you. Will the Sponsor yield?"

Speaker Hartke

"Indicates she will."

Dart

"Representative, I... I... this was the one that I was a little concerned with. So now, just so I'm clear then, the death penalty would be applicable if it's for that order of protection of the individual who was murdered?"

Biggert

"That's correct. That was a clarification that Representative Scott had suggested." 12 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Dart

"Okay. Would it still cover, if within an order of protection, the family members are covered within the order of protection as well, if one of the family members is killed, would it still apply?"

Biggert

"How that is stated in the Illinois Domestic Violence Act that the order of protection would be against the same person."

Dart

"So, I guess, and we could talk about that on Third Reading, maybe you can check in the meantime. But I guess my question would be, if an individual has an order of protection, say, against her husband and then he comes in and kills them, if... within the order of protection, the child, it covers people within the household as well? Would the children be el... would the killing of the child make this person eligible for the death penalty as well?"

Biggert

"It would be with... against whom the same order of protection was issued."

Dart

"So, it would seem to me, everybody who's covered under it would... Okay."

Biggert

"I would think so."

Dart

"Thank you."

Speaker Hartke

Speaker Hartke: "Further discussion? Seeing none, the Lady has asked for the passage of Amendment #2 to House Bill 3652. All those in favor signify by saying 'aye'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

Rossi

"No further Amendments."

Speaker Hartke

"Any Motions?"

Rossi

"No Motions."

Speaker Hartke

"Third Reading. House Bill 3665. Representative Dart. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 3665 has been read a second time 13 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 previously. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments."

Speaker Hartke

"Third Reading. House Bill 3672. Representative Dart. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 3672 has been read a second time previously. Amendments 1 and 2 have been adopted to the Bill. No Motions have been filed. No further Floor Amendments approved for consideration."

Speaker Hartke

"Third Reading. House Bill 3674. Representative Dart. Mr. Clerk, read the Bill."

Rossi

"House Bill 3674 has been read a second time previously. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments."

Speaker Hartke

"Third Reading. House Bill 3710. Representative Saviano. Mr. Clerk, read the Bill."

Rossi

"House Bill 3710 has been read a second time previously. Amendments 1 and 2 were adopted in committee. No Motions have been filed. No Floor Amendments."

Speaker Hartke

Speaker Hartke: "Third Reading. For what reason does the Gentleman from Vermilion, Representative Black, rise?"

Black

"Yes. Mr. Speaker, I certainly join with you in trying to get through our business in an orderly fashion, but when you're on Second Reading, and you're not recognizing me to question whether certain Notes have been filed, and I just, you know, I've had my light on. It was four Bills back, but perhaps if you could get that pork chop off my light, and then watch for it, we could... we could do this in a very orderly fashion."

Speaker Hartke

"You're correct. I failed to notice that there was a Note filed, but I asked the Clerk, and the Clerk said it was removed."

Black

"Yes, and the Clerk is not making it clear whether those 14 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 Notes have actually been filed. He's mumbling a little bit. So, if we could have the Clerk speak up, that could help, too. All right."

Speaker Hartke

"We'll take your request under consideration."

Black

"Yes, and since the official picture was knocked off again by your side of the aisle, we again would issue our call to put it in the well, or somehow to safeguard the official picture, which now is beginning to look like an antique. If you could take care of that, we'd be very grateful."

Speaker Hartke

Speaker Hartke: "Representative Black, there's been some suggestions on where to put that picture. We inform the House that we've had several Bills that have gone through Rules for Amendments to be considered, so we will be going through those Bills as quickly as possible. Let me read the Members whose Bills we're going to be calling in this order: Klingler, Burke, Younge, Giles, Durkin, Fantin, Jones, Feigenholtz, Biggert, Dart, and Feigenholtz. So, prepare yourselves. House Bill 2645. Representative Klingler. Representative Klingler. Out of the record. House Bill 2656. Representative Burke. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 2656 has been read a second time previously. No Committee Amendments. Floor Amendment #1, offered by Representative Burke, has been approved for consideration."

Speaker Hartke

"Representative Burke."

Burke

"Thank you, Speaker. Now that I know all is well in the House, Representative Black has his file and, Representative Black, if you recall our last discussion on this matter, this Amendment, I believe, will address some of the concerns that you had cited previously. And I would ask for the approval of Floor Amendment #1." 15 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Speaker Hartke

Speaker Hartke: "Is there any discussion? Seeing... Representative Black."

Black

"Yes. I thank you very much, Mr. Speaker. I rise in opposition to the Amendment, but I do want to congratulate the Representative for answering 99 and 44 one hundredths percent of our concerns, but we'll debate the Bill when it goes onto Third Reading. At the appropriate time, I have another inquiry of the Chair. But I would like to commend Representative Burke on making a rather obscure Amendment even less clear than it was previously, and we are presently analyzing it."

Burke

"I did my very best, Representative."

Speaker Hartke

"Further discussion? Seeing none, the Gentleman has asked for the adoption of Amendment #1 to House Bill 2656. All those in favor signify by saying 'aye'; those opposed say 'no'. The opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Are there any other Motions or Amendments?"

Rossi

Clerk Rossi: "No further Amendments have been approved for consideration. The Notes that have been requested on the Bill have been filed."

Speaker Hartke

Speaker Hartke: "Third Reading. Representative Black. You said you had another inquiry?"

Black

"Oh. Yes, Mr. Speaker, over the weekend, I would like the chamber to recognize one of the Members on our side of the aisle won the Desi Arnez singing contest in a marimba band and therefore is eligible to wear the Desi Arnez memorial marimba shirt. Representative Thomas Cross."

Speaker Hartke

Speaker Hartke: "Could we have a rendition of that, Representative Cross? House Bill 2774. Representative Younge. Mr. Clerk, read the Bill."

Rossi

"House Bill 2774 has been read a second time 16 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 previously. No Committee Amendments. Floor Amendment #1, offered by Representative Younge, has been approved for consideration."

Speaker Hartke

"Representative Younge."

Younge

"Thank you, Mr. Speaker. Amendment #1 would create the Metro-East Consortium of Student Advocacy, which will be consistent of a group of regional superintendents and superintendents of districts that will put together a corrective incentive program for a group of children in the district that has failed the IGAPS test. Those programs will be kindergarten, pre/kindergarten, full day kindergarten. They will be extended schools, summer schools and teacher's academy of math and science, and I move for the adoption of the Amendment."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Seeing none, the Lady has asked for the adoption of Floor Amendment #1 to House Bill 2774. All those in favor signify by saying 'aye'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Any further Amendments?"

Bolin

"No further Amendments."

Speaker Hartke

"Any Motions?"

Bolin

"No Motions filed."

Speaker Hartke

"Third Reading. House Bill 2814. Representative Giles. Out of the record. House Bill 2645. Representative Klingler. Mr. Clerk. Out of the record. House Bill 3030. Representative Durkin. Read the Bill."

Bolin

"House Bill 3030, the Bill has been read a second time previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Durkin, has been approved for consideration."

Speaker Hartke

"Representative Durkin." 17 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Durkin

"Thank you, Mr. Speaker. Floor Amendment #2 to House Bill 3030, it is cleanup language, and the language which we're addressing in this Amendment removes the opposition from the Illinois Department of Revenue and the Illinois Liquor Control Commission. The Bill in itself addresses an ongoing problem that has existed, that bogus not for profit organizations are obtaining special event liquor licenses when they, in a sense, don't qualify as a non profit organization. The Amendment is strictly, as I said before, it's cleanup language in which, as I said, removes any opposition to the Bill, which will allow both the Department of Revenue and the Liquor Control Commission to communicate the status of these organizations when they file for the application with the Illinois Liquor Control Commission."

Speaker Hartke

"Any discussion on the Amendment? Seeing none, the Gentleman has asked for the passage of Floor Amendment #2 to House Bill 3030. All those in favor signify by saying 'aye'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"

Bolin

"No further Amendments."

Speaker Hartke

"Any Motions filed?"

Bolin

"No Motions filed."

Speaker Hartke

"Third Reading. House Bill 3069. Representative Fantin. Out of the record. House Bill 3399. Representative Jones. Mr. Clerk, read the Bill."

Bolin

Clerk Bolin: "House Bill 3399, the Bill has been read a second time previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Lou Jones, has been approved for consideration."

Speaker Hartke

"Representative Jones." 18 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 Jones, L.: "Thank you, Mr. Speaker. This Amendment becomes the Bill, and this Amendment was given to me by the Department of Public Health, which removes their opposition to the Bill. It answers all the questions and the inquiry that they had. In fact, it's their Amendment."

Speaker Hartke

Speaker Hartke: "Discussion on the Amendment? The Chair recognizes the Gentleman from Kendall, Representative Cross."

Cross

"Yeah, an inquiry of the Chair. Or the Clerk. Are we on... is this Amendment 2?" Jones, L.: "It should be Amendment 3. It should be Amendment 3. Amendment 2 was put on in committee."

Cross

"I guess... are we wanting, are we on 2 or 3?" Jones, L.: "It should be 3. Amendment 2 was put on in committee."

Cross

"Well, it looks... and I'm not trying to give you a hard time, Lou, but the board's showing two."

Speaker Hartke

"Mr. Clerk, is this Amendment #2?"

Bolin

"Floor Amendment #2..." Jones, L.: "I'm going to withdraw Amendment #2."

Bolin

"She wants to withdraw."

Speaker Hartke

"Any further Amendments?"

Bolin

Clerk Bolin: "Floor Amendment #3 has been offered by Representative Lou Jones, has been approved for consideration."

Cross

"Can you tell us then what happened to Amendment 2?"

Speaker Hartke

"Mr. Clerk." Jones, L.: "Withdrawn."

Bolin

"Amendment #2 was withdrawn by the Sponsor."

Cross

"All right. So all we're focusing on is 3? Can I... Will the Sponsor yield?"

Speaker Hartke

"Indicates she will." 19 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Cross

"Representative, does 3 become the Bill?" Jones, L.: "Yes, it does."

Cross

"It's been a little crazy over here, as you know. Can you tell us again what's in Amendment #3, not Amendment #2?" Jones, L.: "Like I said previously, Amendment #3, which was offered by the Department of Public Health, takes away the opposition that they had with Amendment #2. It sunsets in 2000, and basically what it does, it adds psychiatry to as... as a recognized practice in the shortage area of psychiatry. Upon discretion of the director, the person can do their service in a medically deprived area in the area of psychiatry."

Cross

"Thank you. I think I'll yield to my cohort over here. Thank you."

Speaker Hartke

Speaker Hartke: "Further questions? The Gentleman from Vermilion, Representative Black."

Black

"Thank you very much, Mr. Speaker. First of all, to the Chair. I'm joined by the requisite number of people on my side of the aisle, we'll request a Roll Call Vote on Floor Amendment #3, and we'll seek a verification should it receive requisite number to pass. You acknowledge that?"

Speaker Hartke

"I acknowledge."

Black

"All right, thank you very much. Representative Jones, there's something I don't understand at all about this, and it's waiving a scholarship payment fee if an individual practices psychiatry in a medically underserved area within the City of Chicago. Now, I realize that there are places in the City of Chicago that are more medically underserved than others, but is there any place in the City of Chicago that meets the true definition of a medically underserved area that currently exists in law?" Jones, L.: "Representative, it's various areas in the City of 20 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 Chicago. In fact, around in my area is one of those, basically because of the drug and the alcoholic problem that they have in these areas, and that will be further defined by the director."

Black

"Do you have any idea how many... how many psychiatric professionals this is going to impact? It would not appear to me that it would impact more than one or two people in the entire state." Jones, L.: "I don't know, but I know the number is small, and this is a waiver by case by case at the discretion of the director."

Black

"So, it really sets up... Now the waiver will be granted by whom, the director of the Department of Human Services?" Jones, L.: "Yes."

Black

"So, it's not a panel or it's just... is it a one time prerogative to the director?" Jones, L.: "Yes, it is."

Black

"If I had... if I had a medically, and many of my area is medically underserved, could I come in next year under this same law? Or do I have to pass a Bill asking that he be given that waiver again?" Jones, L.: "The precedence has been established, but they're not looking to open this up. This is a case by case, and it's not the Director of Human Service, the Director of Public Health."

Black

"Public Health, I'm sorry, you're right, but the language does specify the City of Chicago. So if I had a similar case, I would have to come back in legislatively for such a waiver, if I was not seeking for the waiver to be in the City of Chicago, correct?" Jones, L.: "Yes, Sir, and if that happens, I would be glad to help you with that Amendment." 21 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Black

"Okay. Well, I appreciate your answers, Representative. We obviously have some concerns with the Amendment, but you've been very forthright in your answers, and I appreciate that. Thank you."

Speaker Hartke

Speaker Hartke: "The Chair recognizes the Lady from Cook, Representative Currie. Further discussion? Representative Jones to close." Jones, L.: "Yes, Mr. Speaker. Will you take this Bill out of the record?"

Speaker Hartke

Speaker Hartke: "Mr. Clerk, take this Bill out of the record. House Bill 2625. Representative Feigenholtz. Mr. Clerk, read the Bill. (House Bill) 3625. Mr. Clerk, read the Bill."

Bolin

"House Bill 3625, the Bill has been read a second time previously. No Committee Amendments. Floor Amendment #2, offered by Representative Feigenholtz, has been approved for consideration."

Speaker Hartke

"Representative Feigenholtz."

Feigenholtz

"Thank you very much, Mr. Speaker. Amendment... this Amendment merely clarifies some language about the kind of literacy test that is to be given, and I would appreciate a favorable whatever from everybody. Thank you."

Speaker Hartke

"Is there any discussion? Seeing none, the Lady has asked for the approval of the House Bill, excuse me, Floor Amendment #2 to House Bill 3625. All those in favor signify by saying 'aye'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it and Floor Amendment #2 is approved. Place that... leave that Bill on Second. House Bill 3778. Representative Feigenholtz. Representative Feigenholtz."

Feigenholtz

"Thank you very much. Amendment..." 22 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Speaker Hartke

"Excuse me. Mr. Clerk, read the Bill."

Bolin

"House Bill 3778, the Bill has been read a second time previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Feigenholtz, has been approved for consideration."

Speaker Hartke

"Representative Feigenholtz."

Feigenholtz

"Mr. Speaker, I'd like to withdraw Floor Amendment #2 and move to Floor Amendment #3."

Speaker Hartke

Speaker Hartke: "Floor Amendment #2 is withdrawn. Floor Amendment #3."

Feigenholtz

"Thank you. Floor Amendment #3 to House Bill 3778 defines... redefines various parts of the original Bill and clarifies. It's got approval from the Chicago Bar Association and many adoptive parents' groups, and I would appreciate your approval."

Speaker Hartke

"Is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Black."

Black

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

Speaker Hartke

"Indicates she will."

Black

"Representative, this is a rather lengthy Amendment, and it's obviously changing the adoption law. And let me just try and save time and cut to the chase here. How is the Amendment changing the adoption process vis-a-vis current law?"

Feigenholtz

"The first page of the Amendment, Representative Black, defines two parties to an adoption, a surrendered person, who is actually a person who was relinquished for an adoption, but never adopted. The adoptive parent has never been defined in the law, and so we are doing it here."

Black

"Is the Amendment aimed at changing the confidentiality of 23 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 records, or who may adopt, or any of those things that are somewhat controversial in the current adoption process?"

Feigenholtz

"Most of the controversy that we've been hearing about this debate over the last year has come to fruition. There is an agreed Bill. This whole Bill is merely an expansion of the Confidential Intermediary Act that is already in State Law."

Black

"Okay. Well, I... with your agreement that we can have a full debate on Third Reading, let's put the Amendment on and we'll go from there. Is that..."

Feigenholtz

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

Black

"If we agree to put the Amendment, you know I think... Why don't we just agree to put the Amendment on the Bill, if you'll engage in a full discussion with us on Third Reading."

Feigenholtz

"Sure."

Black

"Okay, fine. Thank you."

Speaker Hartke

"Further discussion? Seeing none, the Lady has asked for the adoption of Amendment #3 to House Bill 3778. All those in favor signify by saying 'aye'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. This Bill will remain on Second Reading. House Bill 3697. Representative Dart. Mr. Clerk, read the Bill."

Bolin

"House Bill 3697. The Bill has been read a second time previously. Amendments #1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Dart, has been approved for consideration."

Speaker Hartke

"Representative Dart. We'll get back to you. Out of the record. House Bill 2645. Representative Klingler. Out of the record. House Bill 2370. Representative Gash. Mr. Clerk, read the Bill." 24 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Bolin

Clerk Bolin: "House Bill 2370. The Bill has been read a second time previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 2503. Representative Lindner. Mr. Clerk, read the Bill."

Bolin

Clerk Bolin: "House Bill 2503. The Bill has been read a second time previously. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 3835. Representative Lopez. Mr. Clerk, read the Bill."

Bolin

"House Bill 3835. The Bill's been read a second time previously. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Hartke

"Third Reading. House Bill 3697. Representative Dart, are you prepared now? Out of the record. House Bill 2645. Representative Klingler. Out of the record. House Bill 3790, on page 15. Representative Saviano. Mr. Clerk, what is the status of that Bill?"

Bolin

"House Bill 3790 is on the Order of House Bills - Third Reading."

Speaker Hartke

Speaker Hartke: "The Sponsor request that it be moved back to Second for purposes of an Amendment. Second Reading. On page 13 of the Calender on Third Reading appears House Bill 21. Representative Granberg. Out of the record. House Bill 196. Representative Hannig. Out of the record. House Bill 349. Representative Lindner. Mr. Clerk, read the Bill."

Bolin

"House Bill 349, a Bill for an Act to amend the Water Well and Pump Installation Contractor's License Act. Third Reading of this House Bill."

Speaker Hartke

"Representative Lindner."

Lindner

"Thank you, Mr. Speaker. Thank you, Mr. Speaker. This 25 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 is a very simple Bill that people were a little confused about previously. It is an initiative of the Illinois Ground Water Professionals and is supported by the Illinois Department of Public Health, the Cook County Department of Public Health, and numerous downstate. It amends the Water Well and Pump Installation Contractor's License Act, just to have continuing education one day every two years for people who drill water wells. I would ask for a favorable vote."

Speaker Hartke

Speaker Hartke: "Is there any discussion? The Chair recognizes the Gentleman from Jo Daviess, Representative Lawfer."

Lawfer

"Thank you, Mr. Chairman, Ladies and Gentlemen of the House. I recommend a 'yes' vote on this. What this is, it pertains to only plumbers that are working in wells, after the well has been drilled. Then these people that work on the wells, only those plumbers would need... this education would be available to them. It really is a public safety issue, and I would urge a 'yes' vote."

Speaker Hartke

"Further discussion? The Chair recognizes the Gentleman from Cook, Representative Lang."

Lang

"Thank you. Will the Sponsor yield?"

Speaker Hartke

"Indicates she will?"

Lang

"Representative, is this an Agreed Bill or are there opponents as far as you know?"

Lindner

"No, it's not an agreed Bill."

Lang

"So, who would be opposed at the present time?"

Lindner

"I don't know who would be opposed, various Representatives."

Lang

"Mr. Speaker, I can't hear a word."

Speaker Hartke

Speaker Hartke: "Will you give the Lady your attention and the Gentleman in discussion?"

Lindner

"Yes, as far as I know, no group is opposed to this." 26 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998

Lang

"So, the plumbers union is okay with your Bill?"

Lindner

"I have heard from... I have a letter from the Illinois Association of Plumbing Heating and Cooling Contractors, and they are supportive of the Bill. I have heard from no other plumbers' unions that they are not supportive of the Bill."

Lang

"What about the Illinois Association of Waste Water Agencies?"

Lindner

"I have not heard anything from them."

Lang

"Won't this affect the current actions of plumbers in downstate Illinois, where they today routinely install wells and pumps without getting separate licenses?"

Lindner

"They don't have to get a separate license to pay for it. If they do install water well pumps, they can get a license without any examination or fee, and the only thing this would mean was that, like anyone else who installed water well pumps, that there would have to be one day of continuing education every two years."

Lang

"And why is this Bill necessary, Representative?"

Lindner

"Well, it's necessary because there are approximately 400 thousand water wells in Illinois and 7,800 of them installed on a yearly basis, and they need... there are new techniques constantly coming up in the installation of water wells, and it is important to our water supply that people keep up on the new techniques."

Lang

"Referring to the last page of your Bill, page 5, relative to the continuing education courses. Where will these contractors take these courses? Who will give them?"

Lindner

"They will be arranged by the Department of Public Health and also the... a board on contractors and licensing in that Department of Public Health, and they will arrange these and give them in various places in the state, it's my 27 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 understanding."

Lang

"On line 10, on page 5, you talk about providing substantial evidence that they've taken this course, but you don't define the term substantial evidence. What would that be?"

Lindner

"Well, I don't know since they have not... I assume that the board is going to get together, the Department of Public Health is going to get together with various people and the Illinois Ground Water Professionals in all and make out criteria, and that would be part of it, as to what they would give. I suppose a certificate or something."

Lang

"Wouldn't it of been cleaner, in the Bill, had you specified the kind of evidence they should show - something from the school or something from the department or some kind of written piece of paper? Someone may come in with something that isn't one of those things, which would require the department to define that term rather than doing it by rules. Shouldn't we say what that is?"

Lindner

"Well, as you know, there are rules promulgated all the time after laws are passed. And in this legislation, it does talk about the board and the Department of Public Health having the... the responsibility to promulgate these rules."

Lang

"Thank you, Representative."

Speaker Hartke

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

Black

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

Speaker Hartke

"Indicates she will."

Black

"Representative, is the Cook County Plumbers Association in favor of your Bill?"

Lindner

"I have not heard from the Cook County Plumbers 28 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 Association."

Black

"Okay. Is there a grandfather clause in the Bill? If somebody in my district has been doing this work for 50 years, will they be grandfathered in under this law? Or when the law takes effect, are they going to have to go back and get the certificate on continuing ed.?"

Lindner

"Well, anyone who installs water well pumps, if this Bill passes, would have to take the continuing education once every two years."

Black

"Okay. So the..."

Lindner

"If you're talking about plumbing licenses, anybody who holds a valid plumbing license can receive a license to install water well pumps without any examination or any fee."

Black

"Okay. So, there would be no grandfather clause, though?"

Lindner

"Right."

Black

"Somebody could of done this for years, and they're going to have to get the course work or whatever the Department of Public Health promulgates, right?"

Lindner

"That's true, once every two years."

Black

"Okay. I'm really fascinated by one of the statements in the Department of Public Health letter of support for this Bill, and maybe you can tell me what the department is saying. It says recent Department of Public Health studies show that 34% of all water wells constructed last year were contaminated. Well du... Does that mean it's the fault of the well driller? Or would perhaps that means that the water... the water table or the water itself is contaminated, through no fault or action of the well driller? I don't... I guess what I'm trying to say, is the Department of Public Health trying to tell me that 34% of all the wells drilled in Illinois last year are 29 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 contaminated because the well driller wasn't properly trained?"

Lindner

"Well, I would assume that that's what it meant since it's applying to this Bill, when they're talking about this Bill, and that they feel that people need to keep up on the new techniques to install water wells, and that's one reason for the contamination."

Black

"Well, you know, unless the well driller was pumping some substance down the well as he was constructing the well, I don't know how the plumber could contaminate the well. I think the problem is, much of the groundwater, particularly in downstate areas, is in fact contaminated. But I'm not sure that monitoring the training of the plumbers working on wells is going to change that. I suppose we could argue it's the water supply is contaminated, not being contaminated by plumbers without adequate training. But I never fully understand what the Department of Public Health puts in some of these letters anyway. But I will say this, Representative, you've done a lot of work on this Bill since a year ago, and I commend you for that work. I wish there'd been a grandfather clause in the Bill, but I understand why there can't be, but I do personally know people that have been doing this for well onto 50 years, and I have a great deal of confidence in their abilities. But you're right. As this gets to be a more technical complex subject, with back flow preventers and things of that nature, perhaps it's a good idea. I'm not overly fascinated with it, but I do commend you for the work you've done since we saw this Bill a year ago. I appreciate the work you've put into it."

Lindner

"Thank you, Representative."

Speaker Hartke

Speaker Hartke: "Further discussion? The Chair recognizes the 30 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 Gentleman from Cook, Representative Giglio."

Giglio

"Yes, Representative Lindner. Will the Sponsor yield, please?"

Speaker Hartke

"Indicates she will."

Giglio

"Representative, will this take any work away from the plumbers in Illinois?"

Lindner

"No."

Giglio

"Is that its intention by any means?"

Lindner

"No. Not at all."

Giglio

"And when Representative Black, as he referred to it earlier, in the way of a grandfather clause, we will all be grandfathered in through the year 2000. Is that correct? So to speak, we will have until then to seek without fee license for well drilling. Is that correct?"

Lindner

"That's correct."

Giglio

"So, there will be a short grace period, so to speak?"

Lindner

"Yes, and there also is a sunset on this Act. So, it can be repealed on December 30th, 2003, if it's shown that the continuing education is not doing any good."

Giglio

"To the Bill, Mr. Speaker and Members of the House."

Speaker Hartke

"To the Bill."

Giglio

"This is a good Bill, continuing education should be part of all licenses across the State of Illinois, be it for doctors, be it for plumbers, be it for well diggers. Continuing education has to be part. It's a tough step, but Representative Lindner has made a courageous move to make that a part of the plumbing plan. Thank you."

Speaker Hartke

Speaker Hartke: "Further discussion? Seeing no one seeking recognition, Representative Lindner to close."

Lindner

"I just thank you for your comments, and I would ask for a favorable vote."

Speaker Hartke

Speaker Hartke: "The question is, 'Should House Bill 349 pass?' 31 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 All those in favor signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 349, there are 82 Members voting 'yes', 26 Members voting 'no' and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 2385. Representative Capparelli. Out of the record. House Bill 2445. Representative Saviano. Out of the record. House Bill 2555. Representative Moffitt. Out of the record. House Bill 2650. Representative Persico. Out of the record. House Bill 2822. Representative Capparelli. Out of the record. House Bill 2884. Representative Schakowsky. Out of the record. House Bill 2986. Representative Saviano. Mr. Clerk, read the Bill."

Bolin

Clerk Bolin: "House Bill 2986, a Bill for an Act to amend the Illinois Public Aide Code. Third Reading of this House Bill."

Speaker Hartke

"Representative Saviano."

Saviano

"Thank you, Speaker, Members of the House. House Bill 2986 is an initiative of the Illinois Funeral Directors' Association. Under current law, you could buy an insurance policy for a dedicated amount for burial expenses, but up until now, up until this legislation, you could not have an irrevocable trust. An irrevocable trust would mean that you've set money aside specifically for burial expenses, and that money could not be used for any other purpose. And this is something that approximately two thousand... at their committee meeting about two thousand citizens in this state could utilize, and this would accommodate that scenario. I have to tell you at this point that Public Aid is opposed. I'd like to move this along to the Senate to 32 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 keep negotiations going. I don't know exactly why Public Aid is opposed. Apparently they're opposed because they said it would cost some money, but no one's been able to provide me with any... any amount. What we figure is the amount is so minimal that, that they really won't come up with any, any hard dollar amount. And I would ask for a favorable vote. Thank you."

Speaker Hartke

"The Gentleman has explained his legislation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Parke."

Parke

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield?"

Speaker Hartke

"Yes. He indicates he will."

Parke

"Thank you. Representative, in our analysis it says that DPA opposes this Bill due to the potential cost. Says that, at a time when the General Assembly is working to reform the Medicaid System and keep the Medicaid payment cycle current, it might not be fiscally responsible to remove these asset caps. If these caps are removed, people will qualify for Medicaid faster causing additional liability to the State's Medicaid Program. That's what the analysis says is the problem with that. What's your feedback on that concern?"

Saviano

"Mr. Parke, and I think this thinking is flawed, because under the scenario, it would be very unlikely it would happen. But Public Aid is going on somewhat of an... out on a tangent, that people would qualify for public aid sooner, I mean for Medicare sooner, public aid sooner. This... they have given us no solid evidence that this would occur. This issue is really somewhat innocuous when it comes to the arguments that they've made against it. We had a full committee hearing on this. The Bill came out 33 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 unanimously, just for that reason, that the arguments against it were unfounded from what we found out in committee."

Parke

"Representative. Representative, it says here that... is the cap $15 hundred?"

Saviano

"Currently, yes."

Parke

"And you want to remove the cap? Or you want to raise it?"

Saviano

"It would remove the cap."

Parke

"So, therefore, there would be nothing there, no cap at all?"

Saviano

"Correct, because as you could see, for you to get a decent burial today at $15 hundred is kind of ridiculous. With the use of an irrevocable trust and that money set aside specifically for that purpose, a person could provide themselves or their family members with a decent burial."

Parke

"Well, Representative, having gone through that twice recently, $15 hundred is ridiculously low. So, thank you very much."

Speaker Hartke

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

Black

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of the Bill. I think Representative Saviano has done an excellent job explaining the Bill. I got on the Bill because this... I had a case in my district just recently that... it doesn't make any sense, and that's why I think Representative Saviano's Bill should go to the Senate, and we should continue to work on it. I had a Public Aid client who had as the... as Representative Saviano says, an irrevocable trust for a burial. There's no way that he can get the money out and abscond with the money. It's simply to bury him when he 34 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 passes away. And if you're going to discourage this, then these funerals become the sole expense of the taxpayer. And I think, under welfare reform, it's kind of silly to count an irrevocable trust or an insurance policy that someone enters into with a funeral arrangement for their funeral expenses. That gets the Department of Public Aid out from having to pay for it. It makes eminent good sense. I agree with the Sponsor. This Bill... I just don't think the department's arguments hold any water. I think we ought to vote 'yes' and continue negotiations, but I think it's a very reasonable Bill, and from what I see, is certainly deserving of passage."

Speaker Hartke

"Further discussion? Seeing none, Representative Saviano to close."

Saviano

"Thank you, Mr. Speaker, Members of the House. This is a common sense Bill that allows families to prepare for someone's death and provide for a decent burial, and I would ask for its do passage and your favorable vote. Thank you."

Speaker Hartke

Speaker Hartke: "The question is, 'Shall House Bill 2986 pass?' All those in favor will vote 'aye'; those opposed '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 House Bill 2986, there are 105 Members voting 'yes', 0 voting 'no' and 4 Members voting present; and this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 3135. Representative Bugielski. Out of the record. House Bill 3173. Representative Wood. Representative Wood. Out of the record. House Bill 3180. Representative Durkin. Mr. Clerk, read the Bill."

Bolin

"House Bill 3180, a Bill for an Act relating to 35 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 electronic commerce security. Third Reading of this House Bill."

Speaker Hartke

"Mr. Durkin."

Durkin

"Thank you, Mr. Speaker. House Bill 3180 is the Electronic Commerce Security Act. This Bill is a product of two years of work from a commission formed by the Attorney General of Illinois, Jim Ryan. This commission consisted of 26 experts in the field of computer science, finance, banking, commercial transactions, civil law, and law enforcement. This statute addresses what has been termed as the fundamental issue of trust that is required for all forms of electronic commercial transactions. The statute focuses on documents in electronic form, referred to as electronic records, signatures in electronic form, referred to as electronic signatures. It also addresses the subset of electronic records that have enhanced reliability, otherwise known as secure electronic records and a subset of electronic signatures that have enhanced reliability, called secure electronic signatures. This Bill is divided into four parts: The first section of the Bill deals with electronic records and electronic signatures. The second part of the Bill deals with the secure electronics and secure electronic signatures. Part three of the Bill deals with digital signatures. And finally, part four addresses the use of these types of signatures and records by State and Governmental Agencies. Basically, what we're saying is if you are going to transact in this type of business, these are the rules of the road. People right now presently do act in a way in which they use electronic signatures and digital signatures. As I said, this is two years of work by this commission, and I believe it's very good legislation, and 36 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 I'm ready to answer any questions."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall House Bill 3180 pass?' All those in favor signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 3180, there are 109 Members voting 'yes', 0 voting 'no' and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 3292. Representative Wait. Out of the record. House Bill 3339. Representative Erwin. Out of the record. House Bill 3341. Representative Turner. Art Turner. Out of the record. House Bill 3410. Representative Saviano. Skip Saviano. Out of the record. House Bill 3428. Representative Zickus. Out of the record. House Bill 3431. Representative Zickus. Out of the record. House Bill 3485. Representative Parke. Out of the record. House Bill 3636. Representative McKeon. Out of the record. House Bill 3724. Representative Gash. Out of the record. House Bill 3135. Representative Bugielski. We may not get back to that Bill again. House Bill 28... Take that Bill out of the record. House Bill 2822. Representative Capparelli. Representative Capparelli. Out of the record. For what reason does the Gentleman from Vermilion, Representative Black, rise?"

Black

"Yes, thank you very much, Mr. Speaker. An inquiry of the Chair."

Speaker Hartke

"State your inquiry."

Black

"Yes, in the absence of the real Speaker, who would sign a document changing Committee Assignments? If you were substituting on a committee, and in the absence of the real 37 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 Speaker, who would sign that document making that change?"

Speaker Hartke

Speaker Hartke: "Representative Black, we'll get... we'll look into that and get back with you."

Black

"Well I...I would hope that you would, because the real Speaker signed a slip earlier today appointing Representative, the Gentleman from Skokie, to the Rules Committee and I... if he's here that's fine, but if he isn't, then this is an abject violation of the House Rules. Everything we've done is questionable, and I would think that the Chair would be well advised to adjourn, because this is either forgery or an abject violation of the House Rules. And don't ask that guy that just came up behind you, because he probably aided and abetted this. It looks like his signature, quite frankly. I think we should just hold any further action. I think everything we've done today is open to question. I've begged. I've pleaded. I've done everything I could do to get you people to follow the rules. You absolutely refuse to do it. I'll not aid and abet this travesty any longer. I think, Mr. Speaker, knowing you're a man of your... of your word, knowing how you feel about large law firms, I would suggest that you just adjourn the House before this goes any further. I'm prepared to release this to the media, as interested as I'm sure they are in it."

Speaker Hartke

"Representative Black."

Black

"Yes, I'm all ears."

Speaker Hartke

Speaker Hartke: "Your point is well taken, and the House will adjourn. Representative Currie now moves that the House stand adjourned until the hour of 12:00 noon tomorrow. There will be committees starting at 11:00. They will be in your office in the morning."

Black

"One further inquiry though before you act on the 38 STATE OF ILLINOIS 90TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day March 30, 1998 adjournment. Remember that my inquiry, since this was signed obviously by someone else, then I would assume everything we've done today, that was kicked out of the Rules Committee, is probably not done in accordance with Rules."

Speaker Hartke

"Not necessarily."

Black

"Well, we'll take it up at noon."

Speaker Hartke

"Mr. Clerk, do you have any announcements to make? Representative Currie now stands... moves that the House stand adjourned until the hour of 12:00 noon. All in favor say 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the House does... and the House stands adjourned, allowing Perfunctory time for the Clerk."

Bolin

Clerk Bolin: "House Perfunctory Session will come to order. First Reading of Senate Bills. Senate Bill 1505, offered by Representative Gash. A Bill for an Act concerning evidence. First Reading of this Senate Bill. Having no further business, the House Perfunctory Session will stand adjourned. The House will reconvene in Regular Session Tuesday, March 31, at 12:00 noon." 39