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Illinois House Floor Debate — March 20, 2001

92nd General Assembly (2001-2002) · Legislative day 29 · Regular Session
Chamber
House
General Assembly
92nd (2001-2002)
Date
March 20, 2001
Legislative day
29
Session
Regular Session
Speaker turns
1,137
Original
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Speaker Madigan

"The House shall come to order. The Members shall be in their chairs. We shall be led in prayer today by Lee Crawford, the Assistant Pastor of the Victory Temple Church in Springfield. Guests in the gallery may wish to rise and join us for the invocation and the Pledge of Allegiance."

Pastor Crawford

"We all pray. Most precious God, we come humbly before You. We honor and love You, for You are yet sovereign. We stand before You, not holding or hiding anything, for You know us and have searched us and have been acquainted with all of our ways. For You understand our thoughts from afar off, You know our hearts. Prepare it to be pure that it may be honest, that it may be just. Prepare it that it become free from hatred, envy, and from malice. This we pray. Amen."

Speaker Madigan

Speaker Madigan: "We shall be led in the Pledge of Allegiance by Representative Hassert."

Hassert - 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 Madigan

Speaker Madigan: "Roll Call for Attendance. Representative Lang."

Lang

"Mr. Speaker, Democrats excused today are Representatives Scott and Morrow."

Speaker Madigan

"Mr. Bost."

Bost

"Yes, Mr. Speaker. If the record would reflect Representative Winters and Stephens are excused today."

Speaker Madigan

"Mr. Clerk, take the record. There being 113 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk. Mr. Novak, did you wish to call House Bill 2? Mr. Poe, did you wish to call House 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Bill 39? Mr. Clerk, House Bill 39, read the Bill."

Rossi

"House Bill 39, a Bill for an Act amending the Illinois Vehicle Code. Third Reading of this House Bill."

Speaker Madigan

"Mr. Poe."

Poe

"Yeah, Mr. Speaker, this is the Bill that we've worked on for a couple of years and Representative Reitz has worked on with me this year. And it provides that a person who abandons a vehicle or aids or abets the abandonment of a vehicle ineligible of obtaining a registration for another vehicle. What this is, in many downstate roads in Illinois, we have abandoned vehicles all the time left along the road. Tow truck owners, they end up towing them, they end up storing them for a sizable amount of time, and then they don't get their money back. So, this is a way that we felt that we could encourage them to get those vehicles off the road and we could get our tow truck operators in Illinois to get their fines paid. If there's any questions, I'll answer them."

Speaker Madigan

Speaker Madigan: "The Gentleman moves for the passage of the Bill. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?' All those in favor signify by voting 'yes'; all opposed by voting 'no'. This is a Third Reading Roll Call. Ladies and Gentlemen, this is a Third Reading Roll Call. Would everyone please record themselves? Everyone record themselves. Please record yourself. Mr. Clerk, take the record. On this question, there are 113 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bellock, do you wish to call House Bill 123? Mr. Clerk, read the Bill."

Rossi

"House Bill 123, a Bill for an Act amending the Illinois Vehicle Code. Third Reading of this House Bill." 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Speaker Madigan

"Representative Bellock."

Bellock

"Thank you, Mr. Speaker. This is House Bill 123. This Bill amends the Illinois Vehicle Code. It allows counties with the population of between 750,000 to a million to use an Automated Railroad Grade Crossing Enforcement System for a two-year trial period. No state funds may be used for this pilot program that will be created by this Bill."

Speaker Madigan

"Representative Bellock moves for the passage of the Bill. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This is a Third Reading Roll Call. Please record yourselves. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 people voting 'yes', 2 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. McGuire, did you wish to call House Bill 2398? Mr. Clerk, read the Bill."

Rossi

"House Bill 2398, a Bill for an Act in relation to disabled persons. Third Reading of this House Bill."

Speaker Madigan

"Mr. McGuire."

McGuire

"Thank you, Mr. Speaker. House Bill 2398 passed out of the committee with a 12-0 vote total. And I'd like to ask this General Assembly to move this Bill. What 23... excuse me, 2398 does it... amends the Disabled Persons Rehabilitation Act to require the Department of Human Services to pay an amount into a fund to provide health care coverage for personal care attendants who perform more than... the Amendment, I believe there was an Amendment to this Bill, unless I'm mistaken... 20 hours of service per week. The personal care attendants are the people who provide in-home care to prevent the institutionalization of 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 people with Alzheimer's or people in need of long-term care who are blind or disabled. So, I would appreciate your 'aye' vote. We will try to answer any questions, if you have them. Thank you."

Speaker Madigan

Speaker Madigan: "The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Parke."

Parke

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

Speaker Madigan

"The Sponsor yields."

Parke

"Representative, in your Bill, what is the estimated cost to the taxpayers to do what you want to do?"

McGuire

"Hang on a second, Representative. Clerk, is there a fiscal note?"

Speaker Madigan

"Mr. Clerk, is there a fiscal note filed for this Bill?"

Rossi

"A fiscal note has not been filed on the Bill."

Parke

"Thank you. Can you..."

McGuire

"Representative Parke... Go ahead, Representative."

Parke

"Representative, why is the Department of Human Services opposed to this? And are they still opposed to it?"

McGuire

"I don't know if they're still opposed. I would presume they were opposed because of the cost which we would expect that, wouldn't we?"

Parke

"Well, our staff analysis shows that if we pass this Bill, that it will cost the department $38 million, not including Medicaid reimbursements. Is that your understanding that this is a $38 million budget hit?"

McGuire

"Representative Parke, to be very honest with you, I don't remember that figure."

Parke

"My understanding is that they also... that these are not state workers that this money is going to go to. Is that correct?"

McGuire

"I'm sorry, would you repeat that, Sir?" 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Parke

"These people who you want to receive this additional income are not state workers, are they? These are people who work in institutions..."

McGuire

"That's correct."

Parke

"...that are in community based..."

McGuire

"I don't believe they're State of Illinois employees, I think they're probably on a contract with DHS to provide service."

Parke

"And do you know of where the money's going to come from?"

McGuire

"The DHS budget, I would hope."

Parke

"Have you any allocation? Have you sponsored any tax increase to give them the additional income to take care of this Bill?"

McGuire

"Would you repeat that, Sir?"

Parke

"I said, do you have some kind of a tax increase that you're proposing to help the department pay for this $38 million increase in their budget?"

McGuire

"No. No, there's no tax increase proposed."

Parke

"So, unless it's appropriated in this next fiscal year budget, this won't apply, unless we put a appropriation in for it. Is that correct?"

McGuire

"I heard... If it's not in the appropri... What did you say, it will not what?"

Parke

"If there's not an appropriation..."

McGuire

"Yeah." Parke "...to increase it, then they're going to have to take this $38 million from some other program that that department has already in place, to fund your Bill. Is that correct?"

McGuire

"No. No, that's not correct. We discussed the budget situation. Excuse me. I forget the gentleman's name who was at the committee with DHS. And we discussed that, that this proposal has been made for the last three or four 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 years and we've asked the gentleman who testified for DHS to please put that in the budget. Now, as you know, the Governor has proposed a budget a month or so ago. But, as you also know, that budget is not final. And in finalizing that budget, as this process goes along, we hope that the Governor and the four Leaders will find the money in the DHS budget for this health care coverage. I want to explain to the Members, other than Representative Parke, that this is something that the state should be doing, should've been doing prior to this Bill, to give health care coverage to the people who do this work."

Parke

"Representative, I believe that your intent is well intended. And I understand that this is something that we need to do in some form or another."

McGuire

"All right. Thank you.

Parke

"But the fact of the matter is, this is not in the budget. This is a $38 million whack on the public aid budget. We do not have the money in that... in the Depart... excuse me, in the Department of Human Services, we don't have the money there. So, if we were to pass this and put it into law and tell that agency that they have to provide that kind of money, they have to cut other programs. They're going to have to cut other services, unless you can come up with an additional funding source, a tax increase that, to take care of this, I don't know where they're going to get the money. I don't know how it's going to happen. I mean, I understand what you're trying to do, but this is a lot of money, $38 million, and there's no source for it. So, what do you want us to do with this? I mean, just pass it..."

McGuire

"Yes."

Parke

"...because it's a good idea?"

McGuire

"Yes. Yes, I want you to pass it to send a message that 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 we're serious about this, Representative Parke. And you know that the DHS has a budget of more than $38 million. I think it's up to DHS to fund this proposal and it's a long time coming and they even admitted it in testimony in committee that they've heard this before. My point is, we have to stop talking about it and do something about it. And I think the way to do that is to pass this budget or pass this proposal out of the House, hopefully, go to the Senate and propose and pass the same situation, and talk to these people to try and get this in the budget. As I said, the budget is not finalized. You know that better than I. And if you don't ask for it, it's never gonna get in that budget because we've tried this for year after year after year. And I asked the people from DHS, when are you going to put this in the budget before it gets to a committee? And I think the point is, that they should put that in the budget one of these years. If not this year, maybe next year. But if we don't pass the Bill, we don't show any seriousness in trying to solve this situation. So, I would appreciate your support on passing the Bill to show the right intent."

Parke

"Thank you. Mr. Speaker, to the Bill. I think we've heard the discussion from the Sponsor. I think he makes a good point that we're trying to take care of a need that is there. My dilemma, as it is your dilemma, is do we pass this legislation on to the Senate when we don't have the money allocated, nor is it in the next fiscal year budget? If we pass it, and it's passed by the Senate, and the Governor signs it, then they're going to have to take 38 million from some other line item or the Sponsor, hopefully, if he passes this, will champion this cause with the Appropriation Committees and insist that that money is 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 there and that we take some of the natural tax growth, which 38 million, and we're only expecting, this time, to have about $800 million of tax increase, $800 million. And just simply say, the time has come. It's going to be a tough vote for most of us to determine whether or not we're going to vote for something the Department of Human Services does not want because they don't see where the money's going to come from. I... It's a dilemma that each of you are going to have to make on this vote. This is a Third Reading vote. But, Ladies and Gentlemen, give it serious thought. Do we vote for something that is needed by some people in our society, but we don't have money? And if it does not get appropriated, then you're going to have to take money from some other segment of our society in the Department of Human Services. So, think about that. Thank you, Mr. Speaker."

Speaker Madigan

"Representative Feigenholtz."

Feigenholtz

"Thank you very much, Mr. Speaker. I rise in strong support of this Bill. I would like to remind Representative Parke that the State of Illinois, as well as the whole country, is faced with the Olmstead Decision, which is a Supreme Court decision that tells the states that we should be putting our elderly, disabled, and mentally ill into the most integrated setting possible. When many of us try and improve the situation for all of our constituents who fall under that category and those categories, what ends up happening is, we see that many of them are not making a living wage. Currently, people who do God's work, who are these homemakers, are making... can make more money working at a fast food restaurant, in many of our districts, instead of taking care of our parents and our loved ones. A wage increase and health insurance is 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 something that these people deserve. We are under a Supreme Court edict to do this. And so, I strongly disagree with what Representative Parke had to say. And I say we put 118 votes on this Bill, and start making the Olmstead Decision a reality in Illinois. Please vote 'aye'."

Speaker Madigan

"Representative Osmond."

Osmond

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

Speaker Madigan

"The Sponsor yields."

Osmond

"Representative, could you explain to me how you envision the health care program, the mechanics of it?"

McGuire

"I'm sorry, Representative. I can barely see you, let alone hear you."

Osmond

"Many of the..."

McGuire

"You're about as far away as you can get over there, right?"

Osmond

"Yes, Sir. I'm just curious as to how you envision these employees of... if they're not state employees, how do you envision them becoming eligible for health insurance? Do you have any mechanics in mind how this would work?"

McGuire

"I think the first priority that we have to speak of, Representative Osmond, is to finance the health insurance for these people. And that's what we're trying to accomplish."

Osmond

"Our analysis says that the appropriation would be $1.40 for every hour worked. Is that correct?"

McGuire

"I believe it's for each hour... Yes, for each hour, $1.40 for each hour."

Osmond

"Are... Would this Bill, then, include anyone who works 20 hours a week into the insurance program?"

McGuire

"Did you say include?"

Osmond

"Does... Is that the threshold, 20 hours a week?" 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

McGuire

"Twenty hours is the threshold, yes."

Osmond

"So, we would basically have part-time employees, then, eligible for health insurance coverage?"

McGuire

"I guess you could call them part-time employees, but we're speaking of people who do the care taking for individuals, as I earlier described."

Osmond

"If somebody earned... If somebody is working 20 hours a week, and gets their $1.40 an hour, that would be, what, approximately $120 a month."

McGuire

"Approximately."

Osmond

"What if that's not adequate to cover a premium? Would they be mandated to join the group plan, or is it a group plan? Or, how exactly are these guys going to be insured? I still don't know that."

McGuire

"Yeah, we would hope that DHS would help to facilitate this plan. As you understand, as I mentioned to Representative Parke, what we're trying to do is show the priority of having these people covered by health insurance. We've talked, several years, about pay raises for these people and last year, we were able to do something positive about pay raises. But without health coverage, you see an awful lot of turnover. And, that's one of the things we're also trying to avoid, is turnover."

Osmond

"Well, I think I understand what you're trying to do. What do you estimate the monthly premium to be for a typical worker? And what would the plan look like? What health insurance are you talking about? Is there a plan designed in mind? What would the benefits be?"

McGuire

"Representative, what... Again, what we're trying to do here is get the money for this plan. And the department would help to formulate the health insurance coverage. I think what we're trying to do is, we're trying to put the 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 horse before the carriage here and get the money appropriated. And then, the Department of Human Services would certainly be the appropriate agency to help formulate a health insurance plan."

Osmond

"So, you've not addressed any of the mechanics of how you would take each of these employees, from all of the service providers..."

McGuire

"No."

Osmond

"...and somehow include them in one group, yet..."

McGuire

"No, we have not formulated those plans. We're working on the first plan, and that would be to have it funded."

Osmond

"Where did the..."

McGuire

"Without the funding, we wouldn't go anywhere."

Osmond

"Where did the $1.40 an hour come from?"

McGuire

"Well, to save time, Representative Osmond, I'm not sure where the $1.40 came from, but I'm sure it came from a good source."

Osmond

"I'm sure it did, too. But I don't think it's going to be adequate to fund a monthly premium, especially if you get up in the City of Chicago and the collar counties. And then, we haven't even talked about what type of a major medical plan you're looking at. So, I would think that we would... and it's a... I'm not opposed to the concept of providing group insurance or somehow helping the folks in there, but I think that the method of increasing pay... They may already be covered under some other plans in which case, then, you might be addressing an issue in which some employees are getting a benefit, some are not. I think you'd be looking at those employees who, perhaps, already have health insurance someplace else, may want to take that money in an additional wage increase. I think the concept is good, but I don't think that it's ready, yet, to move 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 out. And for that reason, I'll be voting 'no'. Thank you."

Speaker Madigan

"Ladies and Gentlemen, this Bill is on the Order of Standard Debate. We have now had two people speak for the Bill, and two people in response. There will be two more speakers. The first will be Mr. Boland, the next will be Mr. Black, and then we'll go to Roll Call. Mr. Boland."

Boland

"Thank you, Mr. Speaker. I rise in strong support and am a cosponsor of this legislation. I don't know how many of you, in this chamber, have ever had the experience of needing these personal care attendants who mean so much to our loved ones, our elderly, and those who are mentally disabled and, in some cases, physically disabled. They do some of the most important work in our society but, sad to say, they're also some of the lowest paid in our society. They often have no benefits at all, not just no health insurance, but no life insurance, often have no vacations, no... Anytime they miss is just totally time taken out of their pay, which is often less than what we pay people who go to fast food services and work there, lower pay than many teenagers can get out in the job market. So, these folks who perform some of our most important work, taking care of our loved ones, you know, deserve at least health insurance. They deserve... When they're taking care of folks who aren't doing well, they deserve some type of coverage so that when they aren't doing well, they've got some help there. Ladies and Gentlemen, you know, our society is judged by how we treat those in the very beginning stages of life and how we treat those in the final stages of life and those who are not quite as blessed as the rest of us with maybe all of their mental or physical facilities. Those folks need our help. And to 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 keep people... keep caring people, people who care enough that they're willing to accept lower pay in those jobs and from constant turnover, we need to give them something. To give them health insurance is the very minimum that we should be doing, $38 million, maybe it will cost this much. But, Ladies and Gentlemen, we know that we blow money like that left and right down here, on all kinds of things that are not as important as this. So, I would implore you to please vote 'yes' on House Bill 2398. It is so vitally important."

Speaker Madigan

"The last speaker will be Mr. Black."

Black

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

Speaker Madigan

"The Sponsor yields."

Black

"Representative, these personal care attendants, and I'm very familiar with them, they work for various agencies around the state. Are they classified as state employees?"

McGuire

"I guess I'm not an expert on that, Representative Black, but I don't think they're state employees, or I think they would covered."

Black

"The answer that you gave earlier is 'no', they are not state employees. Now, let me ask you a question. If they are not state employees and the taxpayers of this state are going to pay, as someone just said, a previous speaker just said, give them health insurance. You aren't giving them health insurance, the taxpayers of the State of Illinois will be liable for up to $38 million to implement your Bill. Now, are you aware of any case law that would say you can use tax money to pay health insurance premiums for people who are not, in fact, state employees?"

McGuire

"No. No, I'm not."

Black

"Do you have any concerns about tax money being used to 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 pay health insurance premiums for people who are not state employees?"

McGuire

"I sure do."

Black

"You do have those concerns?"

McGuire

"Yes."

Black

"Well, you and I share that, then. Mr. Speaker, to the Bill. The Gentleman just answered the very question that I asked him in the same way I would. I absolutely would have grave concerns about using taxpayers' money to pay health insurance premiums for people who are not state employees. Now, the Gentleman is well intended and in a perfect world, we probably would not be debating this Bill. But, let me give you just one example of where this Bill will come back to haunt you. I have a young lady that works in my district office, she would... is in desperate need of getting on the health insurance program of the state. She is a state employee, she works for me, she does a very good job in my district office. And constituent service work can be very, very difficult work, indeed. She can't get on the state health insurance program because of family obligations, she cannot work the minimum hours per week. And that is 35 hours a week. So, here we have a state employee, in my office, who cannot get state insurance because of family obligations, she cannot work 35 hours a week. But we can, somehow, justify spending almost $40 million to pay health insurance premiums, as Representative Osmond pointed out, what kind of insurance, we don't know; what deductibles, we don't know; what will be covered, we don't know. And this will all be spent on people who are not state employees. That's a cruel hoax to play, Representative. You know and I know, this Bill will never end up on the Governor's desk. So, many people who know 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 that will say, well, this is a free vote and I want to vote 'yes'. It is not a free vote. It costs the taxpayers a considerable amount of money and builds false hope in those people who certainly don't deserve any more of that boloney that we have fed them for the last two years. We really want to do something, you and I should get together and insist that the supplemental appropriation pass, which gives them a $1.00 an hour raise, retroactive to March 1st. If you really want to help them, then join with me and say, call the supplemental and call it today." Speaker Madigan:: "Mr. McGuire has moved for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 86 people voting 'yes', 25 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. We will now have a special guest address the House. And therefore, I would like all staff to retire to the rear of the chamber. We'd like all Members to take their chairs. If the staff would retire to the rear of the chamber... the Members would take their seats. We're very pleased, today, to have the Italian Consul General assigned to the City of Chicago and to the Midwest. Mr. Enrico Granara has served, for close to 20 years, in the Italian foreign service with a variety of postings all over the world. One, noteworthy, being to the country of Saudi Arabia during the Gulf War. He is currently serving in Chicago. He says that the conditions here are much more calm than they were in Saudi Arabia. So, I'm very pleased to give you Enrico Granara."

Granara

"Thank you, Mr. Speaker. Thank you. Speaker Madigan, 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 House Minority Leader Daniels, and distinguished Members of the General Assembly, as Consul General of Italy for the Midwest, I am privileged to be speaking before you today to address an important initiative, the promotion of the study of the Italian language and culture in the State of Illinois, the language program that my office started nearly three years ago as a pilot project, with the help of a group of very innovative American superintendents and principals. It is our view that the efforts made, so far, in developing this program are now offering some excellent prospects for future growth. First of all, allow me to acknowledge the presence here today of Mr. Gene Farina, the regional vice-president of the National Italian American Foundation, which is a natural ally to the Italian Consulate's efforts in expanding the bonds between Italy and the Midwest. Why study Italian in Illinois today? To reply to this question, I begin by referring to a British research study which has recently discovered that Italian is the fourth most talked foreign language in the United States and that only 40% of those taking Italian as a foreign language are of Italian origin. These two facts are better understood if we placed them in today's global world context. If we take a quick look at the U.S.-Italy bilateral relations, we see that these relations are strong and growing. The U. S. and Italy cooperate, closely, on the major international issues, such as the peacekeeping efforts in the Balkans, as well as on economic issues within the G-7 Group. With a population of nearly 60 million people, and a high per capita income, Italy is one of the most important trade partners of the United States. The trade balance is currently favorable to Italy with an annual surplus ranging from 8 to 10 billion U. S. dollars. 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 And most of this surplus is generated from Italian exports in the machine tool sectors, where Italy's one of the three world leaders. An estimated 7,500 American companies do business with Italy, and more than 1,000 U. S. firms have offices in Italy, including Motorola, Sara Lee, Caterpillar, and other major Illinois-based manufacturing giants. Italy's economy is changing, state-owned companies are being privatized, opening up the Italian market to American companies and professions. In such areas, such as computing, aerospace, transportation, finance, and communications, just to name a few. American companies expanding to Italy have a great demand of software... for software engineers, system engineers, technical support, marketing experts, and managers who are required to speak both Italian and English. Moreover, in addition to being a magnet for world tourism industry with over 50 million visitors every year and nearly 50% of the world art treasures, according to UNESCO. Italy's the third most important economic power in the European Union and is a world leader in culinary art, interior and furniture design, as well as fashion and graphic design. I would like to point out that students planning careers in any of these fields will be required to communicate, effectively, in both Italian and English, in order to exercise their profession successfully in the merging global market. Allow me to draw your attention to the other important aspect more closely connected to your relationship, at least many of you, as Legislators with your Italian-American constituencies. According to the 1990 census, the Italian-American ethnic group, in Illinois, counted over 800,000 people, mainly concentrated in Northern Illinois, with sizable communities in the Southern 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 part of the state, as well. Over the last 18 months, I've been meeting with Italian clubs, community leaders, parents, and students of Italian extraction. I've concluded that all these individuals and organizations are realizing a need to provide a new cultural identity for the children, in order to preserve their rediscovered heritage. However, in the majority of cases, they do not know how to go about it. I have also noticed that young Americans of Italian descent want to take advantage of the opportunities offered to them by the Italian language, as a tool of world communication. The study of Italian language and culture would create, also, a positive environment of better understanding which, undoubtedly, help... will help to eliminate negative stereotyping of Italians, often seen in the media and film industry. In my belief, there is no better way for a Legislative Assembly to help one of its major ethnic constituencies, than to enhance its cultural profile through the discovery of their language and heritage. And in this multicultural America, there is no risk of cultural separatism by the Italians, proven by a century of their allegiance to the new fatherland, in the battlefields, in helping to build America's economy and society. And, if I may add, what better way to draw the attention of this traditionally average low-voting group to the legislative powers, than to provide it with an original educational program, thus sending a powerful signal to your Italian-American voters? How was this language program started? Interestingly, it all started when a group of vocal young Italian-American parents, from Chicago's Northwestern communities, approached my office, more than three years ago, complaining that the Italian government was not doing enough to help them in shaping their 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 children's language and cultural identity. To a large extent, they were right. My government's involvement, for several decades, had been limited. Our financial contributions went to some heritage after-school programs, but we never dared to think about working with the American public school system. Therefore, we conducted the survey, together, with a number of school districts and found that, in 65% of the cases, the foreign language of choice was Italian. That was in spring of 1998. And shortly thereafter, a unique partnership was formed between the school district, the Italian government, represented by my office, the Illinois State Board of Education, and local community groups. Since September 1998, Italian language instruction has been offered to almost 2,000 students, including three high school, and more importantly, in elementary school. So... And that's where the demand is created, where Italian is taught from kindergarten to 8th grade during their regular school day. In grades K-5, Italian is started at an introductory level, providing the basis of communication as well... as cultural awareness and appreciation. In grades 6-8, Italian is started following the communicative method, with more emphasis on grammar, vocabulary, and cultural. Why is there an additional need for funding? For the last three years, the program has been funded through two grants, one from the Illinois State Board of Education, which is a three year 'Goal 2000' grant, and the other from the Italian government. The 'Goal 2000' grant from the ISBE will expire on June 2001, and will not be renewed. As the federal grant is coming to its end, we feel that the 2,000 American students who have, thus far, benefited from this initial phase of the program, as well as those who would like to be enrolled, deserve our 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 full attention. The development and implementation plan for the years 2001 to 2003, devised by the experts of our bilateral partnership, shows that this Italian language program has all the potentials to expand and succeed, only if we are able to obtain the necessary matching funds to those that the Italian government is providing, and will continue to provide, at the current level of over $130,000 per year. In the first chart of the handout we provided there are eight schools... eight school districts listed, including 12 schools. The chart describes the current situation and provides the overall annual cost, which is over $340,000. The second chart represents an expansion plan for the program, and it is projected to include 12 school districts instead of eight, and 18 schools instead of 12. The number of students would increase to 2,800 during the school years 2001 and 2002. And the number would rise to 3,000 during the following school year, to 3,200 during the third school year. Another chart, the third one, shows that the total cost of this development and implementation plan for the next three years to be in the amount $720,000 for the first year, 968,000 for the second year, and a million and one hundred and two thousand dollars for the third year. Therefore, the funds requested from the State of Illinois are 295,000 for the first year, 395 for the second year, and 440,000 for the third year. While offering these figures for your consideration, I would like to emphasize that, together with our American partners, we are firmly committed to the expansion of the program throughout Illinois on a balanced geographical basis. It is our goal to promote and extend the Italian language program in all the communities in the Unit... in the State of Illinois. We intend to target, especially, 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 those areas where the study of the Italian language and culture is not readily accessible. And we have indications that students in this area have increasingly expressed an interest in learning the language. We project that the expansion phase will take place in three years period, and will, of course, require additional funding in the amount of approximately $200,000 for each year. In the expansion phase of the Italian language program, we look to creating careers for American teachers of Italian studies, as well as initiating exchange programs with Italian universities and with other Italian educational authorities. Additionally, we could easily include adult Italian courses to the parents of the students involved in the program. And above all, we could offer continuing education courses to teachers of Italian, and offer teaching fellowships to teachers to Italy... from Italy, I'm sorry. My final remarks go back to the Americans of Italian origin living in Illinois. Keeping in mind that the Italian American Political Coalition, which is based in Chicago, has a mailing list of 210 Italian-American households comprised of a more educated constituency who are increasingly... who increasingly want Italian talked, but do not always voice their opinion. Together with the National Italian American Foundation, we have tried to interpret their wishes. On behalf of the National Italian American Foundation and myself, I would like to say that we are honored to have been given the privilege of addressing today this highly esteemed Assembly. Thank you very much."

Speaker Madigan

Speaker Madigan: "Before everybody starts moving around, we have one other special guest. So, if the Members could remain in their chairs, if the staff could remain in the rear of the chamber. We're very pleased to have, today, a former 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Member of the House, where she served with great distinction, leaving here and going to the Office of the Recorder of Deeds in Cook County, then to the United States Senate, and most recently, as the American Ambassador to New Zealand. It is my great pleasure to give you our former Member, Carol Braun. Carol."

Braun

"Thank you. Thank you. Thank you very much, Speaker Madigan, Members of the Illinois General Assembly. I'd like to greet you in the language of the Maori of New Zealand. (Speaks in Maori.) That says that I'm happy to be here, I'm happy and honored to be in your presence, and I bring you greetings from a beautiful country in the South Pacific. I used to say that I had been named Ambassador to Paradise because I represented the United States of America in New Zealand, Samoa, the Cook Islands, Vanuatu, Nive, and even, unofficially, Antarctica. I've been home now for a week, though, and I have to tell you, there is no place like home. I am very happy to be here in Illinois. And it's delightful to see old friends, to meet some new ones, but to see old friends, here in the Legislature. I started out here. I started out in government here, and I can look around the room and find the seats that I had. We didn't have computers in those days, Speaker. But the different seats that I sat in as I learned about government and learned about my state. It was 23 years ago but, frankly, it seems like just yesterday. I just wanted to say, and I'm not going to take much longer, how proud I am of you and of your public service. No matter the party, really not even matter the philosophy, the fact that you are here means that you care about your community and you're working to make laws to take care of the people of our great state and to mind Illinois' business. And that is an important 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 contribution, that is important public service, and it is a service that I, frankly, think you aren't thanked often enough for. I'm grateful for your service and I know there are people across this state and, indeed, around this country, who are grateful for your service. This is a great training ground. I don't have to tell you that one of the most powerful men in the United States, Denny Hastert, was a Member of this chamber. And I can remember when, sitting right about there, and he was sitting right about there, and we would meet in the middle of the aisle and talk about legislation and working things out. That's what you continue to do, albeit now, with the aid of computers and a lot of fancy gizmos we did not have in the old days. But I'm really proud of you, and I'm delighted to be back, and I'm delighted to have a chance to say, thank you very much for the opportunity to visit with you. Speaker, thank you for this opportunity to speak. And it really is a wonderful, wonderful day for me to come back to this podium and to feel at home again. Thank you very much."

Speaker Madigan

"Hartke in the Chair."

Speaker Hartke

"Clerk, for an announcement."

Rossi

Clerk Rossi: "Attention Members, in Room 118, there is a demonstration of optical scan voting equipment. That demonstration will be in Room 118 until 2:00 p.m."

Speaker Hartke

"Committee Reports."

Rossi

Clerk Rossi: "Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on March 20, 2001, reported the same back with the following recommendation/s: 'to the floor for consideration' House Resolution 124; Floor Amendment #2 to House Bill 185; Floor 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Amendment #1 to House Bill 246; Floor Amendment #1 to House Bill 376; Floor Amendment #2 to House Bill 438; Floor Amendment #4 to House Bill 445; Floor Amendment #2 to House Bill 446; Floor Amendment #2 to House Bill 604; Floor Amendment #2 to House Bill 921; Floor Amendment #1 to House Bill 1039; Floor Amendment #2 to House Bill 1040; Floor Amendment #1 to House Bill 1046; Floor Amendment #2 to House Bill 1081; Floor Amendment #1 to House Bill 1713; Floor Amendment #1 to House Bill 1807; Floor Amendment #1 to House Bill 1820; Floor Amendment #1 to House Bill 1920; Floor Amendment #1 to House Bill 1932; Floor Amendment #1 to House Bill 2091; Floor Amendment #1 to House Bill 2111; Floor Amendment #1 to House Bill 2143; Floor Amendment #1 to House Bill 2390; Floor Amendment #1 to House Bill 2518; Floor Amendment #1 to House Bill 2519; Floor Amendment #1 to House Bill 2567; Floor Amendment #1 to House Bill 3048; Floor Amendment #2 to House Bill 3210; Floor Amendment #1 to House Bill 3318; and Floor Amendment #1 to House Bill 3319."

Speaker Hartke

Speaker Hartke: "The Chair recognizes the Lady from Cook, Representative Mendoza. For what reason do you seek recognition?"

Mendoza

"I rise as a point of personal privilege, Mr. Speaker."

Speaker Hartke

"State your point."

Mendoza

"I'd like to introduce the members of the Job for Illinois Graduates Program at Thomas Kelly High School in Chicago. It's in my district. I'm very happy and proud that they're here. If they could rise for this... Accompanying the students is their career specialist, Mr. James Peterson, who served in this House in the 33rd General Assembly. So, if you'd give him a special round of applause, as well. The Jobs for Illinois Graduates Program 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 is a state funded program designed to help at-risk seniors make the transition from high school to rewarding careers. Kelly High School is a general neighborhood high school in my district, and currently, it has a student population that is at 161% of the capacity. Yet, this minority school is generating outstanding graduates like we see up here. So, these kids are eager, they're ready to assume a productive role in our society. And I believe that, again, we should extend a warm welcome to the Kelly High School Jobs for Illinois Graduates students."

Speaker Hartke

"Welcome to the Illinois..."

Mendoza

"Thank you."

Speaker Hartke

"...General Assembly. The Chair recognizes the Lady from Lake, Representative Moore. For what reason do you seek recognition?"

Moore

"Thank you, Mr. Speaker. For purposes of an announcement."

Speaker Hartke

"State your announcement."

Moore

"We have several special guests here on the floor with us, today, from the Special Recreation Associations from Northern Illinois. Many of these young men and women have been paging for the General Assembly, today. My special guest, from Libertyville, is Blake Peacock, who is... who attended the 2001 Special Olympic Games in Anchorage, Alaska. And he is a gold medal winner in the 400, he also was a silver medal in 100 meter race. And, we would like to give all of these young men and women, today, a warm welcome to the General Assembly."

Speaker Hartke

"Congratulations Blake and welcome to the General Assembly. The Chair recognizes the Gentleman from Cook, Representative Parke."

Parke

"Thank you, Mr. Speaker. I also, on that very issue, rise 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 to recognize Kevin Kendrigan, and with the Northwest Suburban Recreation Association that helped coordinate this. And can all of the special needs students, that are here, sort of wave, now, so that everybody can see everybody that's here. All the Pages raise their hands that are here. And I appreciate the Legislators who are out here hosting these men and women that are here. And I also want to thank all the staff members and parents that came down with these young adults to show them what the legislative process is all about. So, thank you, Mr. Speaker."

Speaker Hartke

"Thank you, Mr. Parke. It is the Chair's intent to do a bunch of Third Readings. So, if Members would please listen up and be in their chairs, we'll try to move these as quickly as possible. House Bill 1031, Representative Krause. Mr. Clerk, read the Bill."

Rossi

"House Bill 1031, a Bill for an Act in relation to public aid. Third Reading of this House Bill."

Speaker Hartke

"Representative Krause."

Krause

"Thank you, Mr. Speaker and Members of the House. I'd like to present at this time, House Bill 1031. This Bill does provide that there would be an additional 15% for a housing supplement in the first year, and 15% in the second year to the welfare cash grants for those Illinois TANF families who do not live in public or subsidized housing. The current grant of $377 per month would be increased by $57 in the first year, and an additional $57 in the second year. The grant, then, would be $434 in the first year. It would serve about 30,000 families. And the welfare grant, here in Illinois, has not been increased for 11 years, it's been at the same level. And recipients who have not, as yet, moved from welfare to work are hampered 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 in their ability to make the transvition (sic-transition). This housing cost consumes the largest proportion of the available cash grant for TANF recipients. I would be pleased to answer any questions."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 1031?' This is final action. All those in favor of the Bill will vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 1031, there were 113 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Third Reading appears House Bill 630, Representative Crotty. Mr. Clerk, read the Bill."

Rossi

"House Bill 630, a Bill for an Act concerning schools. Third Reading of this House Bill."

Speaker Hartke

"Representative Crotty."

Crotty

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 630 merely adds air conditioning to the items that are listed to school districts for the purpose of their health, life, and safety fund. This Bill originated from one of my districts. At the end of the school year, their classrooms were registering 103 degrees. After I had the Bill written and put in right before Veto Session, I did have two school district superintendents from the south end of the state call and tell me that their classrooms were, in fact, 106 and 108 degrees. Now, many of us know that the environment in which the children are in does have a lot of impact on how much learning is 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 actually done in that classroom. And as we have here, with legislation passed, have offered summer school prior to promoting a student to the next grade. If we truly are looking at what is health, life, and safety, I feel very, very strongly that air conditioning and allowing districts the local control to be able to access those funds in order to get that. I also want to mention that, at the time that I had this Bill written, it was at the very end of last school year, and there was a 10-year-old that was a student at one of the schools in the City of Chicago who wasn't feeling good in the classroom and asked to be excused to go to the office and he had died in the hallway of an asthma attack. We're seeing more and more children that are asthmatic. We have children that are medically fragile on trachs and feeding tubes. And it is... it is very, very important that these kids do not sit in classrooms with the heat and the humidity. So, I ask everyone for a favorable vote on this. And I'm happy to entertain any questions anyone might have."

Speaker Hartke

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

"The Sponsor indicates she will yield."

Black

"Representative, if I read this Bill correctly, you are authorizing a new property tax to purchase or lease HBAC equipment for local schools. Correct?"

Crotty

"That's not correct. Representative, this isn't a new tax. This is a tax that's already... has been, for years, been around. And it's open to... it's open for computer technology, fire prevention, ADA, assessments that need to be done in the school district. All this Bill is doing... 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 this is not increasing any taxes. It is not asking for any new tax, this is just adding air conditioning whether the school district, which is to purchase or lease it, be one of those items that we call health, life, and safety. But thank you for bringing that up, Representative Black."

Black

"Well, let me have you clarify it."

Crotty

"Certainly."

Black

"On page 1 of your Bill, line 9; 'the school board of any district by proper Resolution may levy an annual tax in addition to any other taxes and not subject to the limitation specified elsewhere in this article, not to exceed .05% upon the value of taxable property, et cetera, et cetera, et cetera.' Is that language currently in the Bill, or are you adding that language?"

Crotty

"That is currently in the Bill. The only thing that's being added is, on line 8, after technology, it's 'or air conditioning equipment'."

Black

"Right."

Crotty

"And then also, on line 16, Representative Black, it'll say, 'or equipment to air condition classrooms'..."

Black

"Sure."

Crotty

"...or a combination of these."

Black

"Yeah. Are you authorizing this levy to be placed under the life, health, safety bond issue?"

Crotty

"All it is is adding it to the health, life, and safety. Yes."

Black

"That's odd. Are you aware of the State Board's ruling that you can't use that levy for... to meet Americans with Disability Act requirements? And yet, we're going to let them levy for air conditioning. Does that make any sense to you?"

Crotty

"No, it doesn't." 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Black

"It doesn't make any sense to me, either, but that's the current ruling."

Crotty

"It doesn't make any sense to me. Let me put it this way, that the ADA is not included in this, I thought that it... It is, I'm sorry, it is..."

Black

"No, it isn't."

Crotty

"...I thought it was, Bill."

Black

"You better reread your legal opinions. You can't use life, health, safety money to meet ADA requirements. It's been ruled that that is a civil rights issue, not a matter of life, health, or safety. I don't agree with that ruling, but that's the ruling that they've made. So, while we struggle to meet ADA requirements, we're going to be able to air condition classrooms. And I don't have a problem with that, my family's been in the air conditioning business for more than 70 years. And that's one of the things I want to ask you. If a school district was under their property tax cap ceiling, this then would be a nonreferenda tax, isn't that correct?"

Crotty

"It would be their choice on whether or not to levy for this."

Black

"Well..."

Crotty

"Am I understanding your question?" Black "...in other words, the operative word here is 'nonreferenda tax'. If you are under your property tax cap ceiling, and you decide to levy a nickel to air condition your schools, that would be a nonreferendum tax, correct?"

Crotty

"That's correct."

Black

"In other words, the school board would decide to levy an amount of money to access this five cent rate that you are authorizing in this law. And if you're under the tax cap ceiling, then it would be a nonreferendum tax increase, 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 correct?"

Crotty

"But it can... But this would not allow those school districts to go over that tax cap."

Black

"I'm not saying that they would. I'm saying, very clearly, that if they are under the cap, they could levy this five cent tax without referenda."

Crotty

"That is correct. Just as they can for the other listed points under..."

Black

"Okay, thank you."

Crotty

"...the health, life, and safety. You're more than welcome."

Black

"Representative, I admire your... I really do, I admire your honesty and your forthrightness, you didn't try to fudge on the question, and I really appreciate that. Mr. Speaker, to the Bill. This is a hard Bill to..."

Speaker Hartke

"To the Bill."

Black

"...to vote against, particularly when my family's been in the heating and air conditioning business for many years. I have no financial interest in that business, so I have no conflict of interest. We talk about a year-round calendar, and more and more schools have gone to that. And I assume that, at some point, obviously, the question of climate control in your school buildings will have to be addressed if you want to go to a year-round calendar. And many districts have done that and many districts have met their air conditioning needs by one way or the other. The only reason that I stand in opposition to this Bill is that it has the capacity to put another property tax on what is already an overburdened property tax system. Mr. Speaker, I dare say, you and I have very similar districts. When there are thousands of acres of farm ground, very little, although, with your new doughnut plant that's going to be 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 built, you'll reap the benefits of that. And, by the way, free doughnuts for all of us, I'm sure. But when all you have in your district is farm ground and residential property, you don't have industrial or commercial property to spread this tax burden, it really becomes an onerous burden on property owners. And sooner or later... I won't be here to see it, some of you, I hope, will be. Sooner or later, Illinois must face the fact that you cannot continue to fund local education on the backs of property taxpayers. It won't work much longer. It isn't working in some areas of the state, already. Eventually, the property tax system, as the primary method of funding public education, will collapse. And until we are willing to face the restructuring and the refinancing of public education in this state, I have a serious reservation. Although the Lady's Bill is certainly well-intentioned, I taught in a flat roofed school for years and it could be... easily be 98 degrees in a classroom in late August, or late May, early June. I understand what you're trying to do, but at some point I think the property taxpayers in my district, and I dare say many districts throughout the state, are saying no more property tax burden, no matter how good the reason. I've heard that for a number of years. I think it's a sincere reaction to the fact that we have a high property tax burden for education. And it's for that reason, I cannot vote for the Lady's Bill."

Speaker Hartke

Speaker Hartke: "Further discussions? Seeing that no one is seeking recognition, Representative Crotty to close."

Crotty

"Thank you very much. And I respect what Representative Black had to say. And I'm all for it, and everyone knows that, changing the way we fund schools. But if we're truly looking at health, life, and safety, you'll vote 'yes' for 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 many of the children that have upper respiratory ailments and on feeding tubes and such. So, I ask everyone for a favorable vote. Thank you."

Speaker Hartke

"The question is, 'Shall the House pass House Bill 630?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 630, there were 67 Members voting 'yes', 45 Members voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. The Chair would like to recognize Mr. Jan Niccum, the Tusc... no, Rantoul Township High School, in the gallery this morning. Please welcome them to the General Assembly. House Bill 3016, Representative Bassi. 3016. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 3016, a Bill for an Act in regard to vehicles. Third Reading of this House Bill."

Speaker Hartke

"Representative Bassi."

Bassi

"Thank you, Mr. Speaker. I bring to you House Bill 3016, which provides for the issuance of a Park District Youth Program license plate. It creates the Park District Youth Program Fund; $25 of the initial and renewal charges will go to the Park District Youth Fund. You saw a number of those young people who would benefit from that program on the floor earlier today. And I ask for an 'aye' vote."

Speaker Hartke

"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 3016?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, take 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 the record. On House Bill 3016, there were 104 Members voting 'yes', 7 Members voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1785, Representative Garrett. Representative Garrett. Mr. Clerk, read the Bill."

Rossi

"House Bill 1785, a Bill for an Act concerning the use of libraries. Third Reading of this House Bill."

Speaker Hartke

"Representative Garrett."

Garrett

"Thank you, Mr. Speaker, Ladies and Gentlemen. House Bill 1785 requires nonresidents to apply for a library card at the library located in the school district or township in which the person resides. It provides that a nonresident library card may be used at all libraries within the library's regional library system or program. Currently, a nonresident library card may be used only at the library issuing the card. It provides that a library's not required to participate in a regional library system or program."

Speaker Hartke

Speaker Hartke: "Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Parke."

Parke

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

Speaker Hartke

"The Sponsor indicates that she will yield."

Parke

"Representative, are you carrying this for the Library Association, the State Library Association?"

Garrett

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

Parke

"Are you carrying this legislation on behalf of the Library Association, the State Library..."

Garrett

"The Illinois Library Association is a strong proponent, yes."

Parke

"Is this their legislation, or does this come from a..."

Garrett

"I worked with the Illinois Library Association. I also 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 worked with different libraries and residents throughout the state."

Parke

"Was there any concern about the cost to certain libraries having reciprocal arrangements? Is there any concern about that brought up?"

Garrett

"There is no concern because, if a library would like to opt out of this system, they are clearly entitled to do that. If they don't want to participate, they can opt out."

Parke

"Did anybody speak against this in committee?"

Garrett

"It passed committee unanimously. You know, there were questions, but it passed unanimously."

Parke

"So, you don't know... there's no opposition?"

Garrett

"No opposition."

Parke

"Thank you, Representative."

Garrett

"This is a noncontroversial Bill."

Speaker Hartke

"Further discussion? Seeing that no one is seeking recognition, the question is... Representative Black."

Black

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

Speaker Hartke

"The Sponsor indicates she will yield."

Black

"Representative, I want to make sure I understand this. One of the most delicate issues a Legislator gets involved in, in constituent service, is when somebody comes in who is not in a library district, they want a library card, and they are told, sure, you can have a library card, but property taxes make up so much of our budget and what we have done, by ordinance, is since you don't pay property taxes to our library, a nonresident card is a hundred and fifty dollars. The person, then, ends up in the Legislator's office and says, this is an outrage. I pay 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 state taxes, you're telling me I can't go to a library that my neighbor across the street goes to for quote 'free' unquote forgetting the property taxes. And I have had many a conversation with the Illinois Library Association and Lincoln Land... Lincoln Trails Library System, because people don't understand that. Now, is your Bill changing the fact that a nonresident will still have to make up the differential between the property tax support for that library and the fact that they may not be paying property taxes to that district?"

Garrett

"Representative, here is what the Bill does. It requires that nonresidents go to their closest public library, thereby they cannot fee shop. So, they go to their closest public library, as compared to their principal residence. They purchase the card, whatever that rate is, and that entitles them to have access throughout the entire library system. If a library, for whatever reason, decides that they don't want to accept nonresident cards, they have that opportunity to opt out. So, the Illinois Library Association also believes that this is as fair and equitable, and it's a win-win situation."

Black

"Let me make sure I understand this. The person goes to the library nearest his or her home, purchases a..."

Garrett

"Closest public library."

Black

"Public library."

Garrett

"Right."

Black

"Many of those are financed by the ever loved property tax."

Garrett

"Right."

Black

"So, they're told to get a nonresident card to use our facility, may very well cost you a hundred dollars."

Garrett

"Well, it's the same fee that a resident would pay, it's 36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 $300 or $400 or $200, whatever their charge would be. So, it's very fair."

Black

"That's what confuses me, because I'm not sure that that statement is accurate. I can go to my public library, maintained primarily through City of Danville tax revenue, and I pay a very minimal fee for my library card, or one for my wife, or when my children were at home, for my children. Now, somebody who does not live within the city limits of Danville have to pay a much higher fee, based on what that property tax support is for that library. If I understand it correctly, and I think I'm right on that, then many people come to my office and say, that isn't fair. Why should I have to pay a hundred dollars when a resident of the City of Danville only has to pay $5? And then you try to explain the property tax support that they're not paying so that the library board, if I understand it correctly, can set a much higher fee for a nonresident card than a resident would pay. You're not changing that, are you?"

Garrett

"What... We're not changing anything. All we're really doing, Representative Black, is whatever the nonresident fee is, the nonresident fee stays the same. It allows people, instead of only being able to use one library in the system, they would be able to have access throughout the system like everybody else who has a library card. The other side of it is, Representative, if a certain library wanted to opt out of that program, they have every opportunity to do that. So, there are no price breaks for nonresidents. It's just, really, allowing nonresidents to have wider access throughout the library system."

Black

"When you say a library can opt out, I'm not sure I understand what you're talking about. Can opt out of the 37 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Lincoln Trail System, or opt out of the..."

Garrett

"Opt out of accepting nonresident cards. If they felt too many nonresidents were using their library and they felt that that was a problem, they would have the right to opt out."

Black

"So, if I take... for example, if I take my Danville Public Library card to the Harold Washington Library in the City of Chicago, the City of Chicago does not have to grant me access to their library, is that what you're saying?"

Garrett

"The individual library within a library system could opt out."

Black

"Now, wait a minute. There's only one library in my town, only one. Now, if I have a resident card and I travel to a library outside of my town, let's say Chicago, and Harold Washington Library is a beautiful facility, and I take... I present my Danville public library card to the desk at the City of Chicago Harold Washington Main Library, will they accept that card and let me have full access to the library, or can they tell me we don't recognize a nonresident library card?"

Garrett

"No, they would accept your card. We don't know if any libraries, individual libraries, would not want to participate. But, if certain individual libraries didn't want to participate, they have that right to opt out."

Black

"See that's what I... If I understand you, then I could check out a book at the Harold Washington main branch library, take it to Danville. Now what's going to happen when I take that book back to the Danville Library and say, look, I drove up there, I had business, I checked out the book, I don't want to drive a hundred and forty miles back up to Chicago, I'm going to check it in at Danville, and you get it back up to Chicago." 38 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Garrett

"Right. And..."

Black

"Something tells me that the Danville Library is gonna say, oh no, oh no, we're not going to do that."

Garrett

"No, no. If the Danville Library's part of a reciprocal system, part of the library system, the way I understand it, that library book will be returned. Illinois is noted for having one of the finest reciprocal systems in the country."

Black

"Would you know offhand what system the Chicago Library is in? Danville's a member of Lincoln Trails Library Association. I don't know, quite honestly, if they go to Chicago, or whether there is a reciprocal agreement between those that belong to Lincoln Trails, which I think is pretty much Central Illinois. I'm still trying to figure out... you know, I've been here long enough to know that it's the law of unintended consequences that gets us in trouble every time. And I just want to make sure, in June, I'm not going to have a constituent come into my office and say, I used to be able to take my Danville card to Rossville or Georgetown, and everything was fine. Now, I took my Danville card to Rossville and Georgetown, and they said I can't use it here, because they've opted out."

Garrett

"Representative Black, the Chicago library system has its own library system."

Black

"Why am I not surprised?"

Garrett

"All libraries reciprocate within the state. It really isn't going to change anything. It opens up the library system. It is a win-win situation for everybody, there's no money lost, and..."

Black

"And I... I... Representative, I have no reason to doubt you. But, again, I've been here long enough to know, there are certain key words that catch my attention, and one of 39 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 those key phrases; 'it doesn't really change anything.' Well, then, why are we doing it? If it doesn't change anything and everything seems to be working fairly well now, then what is the... what's the rationale for the Bill?"

Garrett

"Representative, let me tell you, give you a story."

Black

"Oh, I wish you would, thank you."

Garrett

"Well, it explains the rationale."

Black

"No, I... it's story time."

Garrett

"Okay."

Black

"Do I have time to get my blanket and curl up or... Mr. Speaker..."

Garrett

"And get a book, and..."

Black

"Mr. Speaker, it's story time from Miss Garrett. Now, let's have a little order. Let's have a little order, it's story time."

Speaker Hartke

"Shh. Story time."

Garrett

"Here is the story I would like to portray. In my district, I represent an unincorporated area, that area is called Knollwood. Currently, Knollwood..."

Black

"It's called what?"

Garrett

"Knollwood."

Black

"Oh, I thought you said Nowood... Knollwood. That's a beautiful sounding name."

Garrett

"It's a northern Lake County accent."

Black

"I like this story already."

Garrett

"Okay. So, residents of this unincorporated community would have to go and purchase a library card. Now, currently, they would go anywhere they want within the library system. And let's say they went to Lake Forest, that library card would be 3 or $400, Lake Bluff would be about the same. So, what this Bill does, Representative, 40 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 is require that those Knollwood residents go to their closest public library so they can't fee shop. And if they couldn't get this nonresident card, what would happen is that they would purchase a card at their closest library and then, they would only be able to use the library services at that particular library. That's a problem for students, high school students as an example, they may want to go to Waukegan Public Library. So, what this does is say you can't fee shop for a library card. You go to the library closest to your principal residence, and you purchase that card. But, that enables you to open up the system and use the entire system. And if a library doesn't want to participate in that particular program, they have the opportunity to opt out. So, really, Representative, what it's doing is making the libraries more open and accessible. And so, you're right, that is a change. Because, without this legislation, people who don't have a community library in their municipality wouldn't be able to have access throughout the whole library system. And I think it's a good thing to have access. And they all lived happily ever after."

Black

"Thank you very much. Mr. Speaker, to the Bill."

Speaker Hartke

"To the Bill."

Black

"That was one of the finer stories I've heard here, in many a year, told by, quite frankly, and I mean this in all due respect to the Representative, one of the great storytellers in this chamber. And, at least she said they all lived happily ever after. So, I'm going to vote for this Bill, Representative, but so help me, if I have somebody in my office in June who is all over me about this Bill, I will... believe me, I'm going to call you and we're going come up and visit about this, all right? But you did 41 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 an excellent job of telling stories, as you have done so well since you've been here. Thank you."

Speaker Hartke

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

Garrett

"Thank you, Mr. Chairman and Ladies and Gentlemen. This is not really a story, but I think what we're doing is asking that the library system be opened up to more families. It would not be a loss of revenue. It's really just doing the right thing and providing more openness in our library systems. Again, this is supported by the Illinois Library Association and I hope I can ask for your favorable vote. Thanks for your patience."

Speaker Hartke

"The question is, 'Shall the House pass House Bill 1785?' All those in favor will signify by voting 'yes'; 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 1785 there are 112 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 453, Representative Lyons. Eileen Lyons. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 453, a Bill for an Act in relation to criminal law. Third Reading of this House Bill."

Speaker Hartke

"Representative Lyons." Lyons, E.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 453 amends the Criminal Code. Last year if you'll remember Representative McAuliffe and myself sponsored a Bill that would prohibit a person knowingly video taping someone in their home, as well as tanning salon and other locations. We did not anticipate a loophole and in my district this year we had a dentist who 42 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 was electronically monitoring his washroom and because he was not videotaping it he got off. This closes that loophole and now it is... it would make it unlawful for a person to knowingly, electronically monitor, televise, or view another person without that person's knowledge in the various locations located in the Bill. I would ask for your... I know of no known opposition. I would ask for your support."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 453?' All those in favor will signify by voting 'yes'; 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 453 there were 113 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 417, Mr. Forby. Mr. Clerk, read the Bill."

Rossi

"House Bill 417, a Bill for an Act concerning wildlife. Third Reading of this House Bill."

Speaker Hartke

"Representative Forby."

Forby

"Thank you, Mr. Speaker. This is House Bill 417. What this Bill does it gives the Department of Natural Research (sic-Resources) more flexible during open deer season. How does it get more flexible time? Current Legislator (sic-legislation) has the open season that's not more than 14 days of the annual setting. The setting is by Director of DNR between the dates of September 1 and January 31. This Bill would delete the language from the Bill regarding the amount of days and the date of the open deer season. By deleting this language, DNR will have greater 43 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 flexibility managing the white tail deer. This Bill allows DNR to have special hunting days, youth hunting days, special site hunting, different during our regular season. Why I am sponsoring this Bill is in Southern Illinois we're overpopulation with deer. Every year more cars has accidents in Southern Illinois. This legislation will maim the deer population. This legislation will provide tourism dollars for our area. This will let DNR have more permits, more deer hunting in Southern Illinois. And that will mean more money in my district. Thank ya. I'll answer any questions."

Speaker Hartke

Speaker Hartke: "Is there any discussion? The Chair recognizes the Gentleman from Jackson, Representative Bost."

Bost

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

Speaker Hartke

"The Sponsor indicates he will yield."

Bost

"Is this your first Bill?"

Forby

"Yes, it is."

Bost

"You know, I noticed this is dealing with deer hunting. This isn't a concealed carry Bill is it?"

Forby

"No, it's not."

Bost

"No, I've got that one, I forgot. You say that in your district deer hunting is a very active sport."

Forby

"Yes, it is."

Bost

"Okay. Have they ever... have we ever set by Bill before when the deer seasons are?"

Forby

"We haven't but DNR sets the season when the seasons are."

Bost

"DNR has always set it, correct?"

Forby

"Yes."

Bost

"Is DNR in support or in opposition to the Bill?"

Forby

"They support this Bill."

Bost

"Okay. I don't have the analysis in... if you'll give me just a second. You say DNR is in support of the Bill?" 44 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Forby

"Do what?"

Bost

"DNR is in support of the Bill?"

Forby

"Yes, they are. It's their language."

Bost

"And this allows one more day of deer season?"

Forby

"Not necessarily. If it's like in my county where we're overpopulation, they could add one more day there, just to take care of the population."

Bost

"Okay, this Bill has been amended then, correct?"

Forby

"Do what?"

Bost

"This Bill has been amended or has it not?"

Forby

"This Bill has been amended."

Bost

"All right. Thank you. That was the question I needed answered to make sure that we weren't actually setting by statute that they were going to have to add a second day."

Forby

"No. What they can do, you know, they can have a youth day, or a special hunting day to take care of the populations."

Bost

"Do we have a cost estimate on this?"

Forby

"There's no cost to this."

Bost

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

Speaker Hartke

"To the Bill."

Bost

"I think the Bill is as amended, with the agreement with DNR is an appropriate thing to do. The real concern without DNR's input was the fact that there would be... we had never set by statute. And this allows DNR to continue to do their Bill... do their job and I appreciate the input."

Speaker Hartke

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

Black

"Representative, do you have a copy of your Amendment with you?"

Speaker Hartke

"The Sponsor will yield." 45 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Black

"I'm sorry, Mr. Speaker, I forgot that. Thank you for reminding me."

Speaker Hartke

"Any time."

Black

"Mr. Speaker, will the Sponsor yield?"

Speaker Hartke

"Any time. The Sponsor will yield."

Black

"Thank you. Thank you. Representative, when does that donut factory get under construction in your district, Mr. Hartke?"

Speaker Hartke

"Soon, I hope."

Black

"Thank you. Representative, if you'll look at the Amendment to your Bill, on line 11 on the first page. You've crossed out some very interesting words. It says, 'shall be unlawful for any person to take deer except with a shotgun or muzzleloading rifle as provided by administrative rule with a bow and arrow or crossbow device for handicapped persons as defined in Section 2.33, during the open season that of not more than 14 days' is crossed out. Now it reads 'during the open season that will be set annually by the director'. And then you've crossed out between the dates of November 1 and December 31, both inclusive. So as I read your Amendment deer season will now be whenever the Director of the Department of Natural Resources says it will be."

Forby

"That is correct."

Black

"Well, what... now I begin to understand why some groups opposed this Bill. The bow hunters remain in opposition to the Bill as amended, do they not?"

Forby

"No, they're for this Bill."

Black

"So the director, if I read your Amendment, the director could say deer hunting will begin on Labor Day and end on Christmas Eve."

Forby

"It didn't really say that. It said that DNR will have 46 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 that choice."

Black

"Isn't that investing a tremendous amount of authority in the office of the director? I mean, deer hunting could become... and I'm not... I really not trying to be cute here, we don't have any oversight? I mean, the current director is an outdoorsman and I think understands population management and all of the things that hunters are concerned about. What if a director comes in 5 years from now who is a... fascinated with fishing and water sports and says deer hunting will begin September 3 and end September 4. I mean, we don't have any oversight."

Forby

"Well, right now they are the special to this hunting season, DNR."

Black

"But we always had specified dates in the law. And if we wanted to expand those dates it was simple to drop in a Bill and say we should have 3 more days or we should have... in case the herd were to diminish over a period of time we could roll back the number of days. But this Amendment lets the director pick any arbitrary number he or she might choose. And again, if you had someone not like the current director, who is well versed in population control and managing the deer herd, my fear would be under your Bill a director could come in two or three years from now and say, I don't like deer hunting. So deer hunting will only be 24 hours. And we have, if I read your Amendment correctly, because the Amendment becomes the Bill, then the General Assembly has nothing to say about it. We'd have to come in and change the law, but by that time we would already be out of at least one deer season and you can imagine what those of us in rural hunting areas would go through in that period of time. I mean, people would just come unglued." 47 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Forby

"This is accountability that where the DNR, where they work together where they would not let him do this."

Black

"But, where does it say that? Where does it say that the director couldn't do what I gave you, the scenario. The director could say... I don't see anywhere in here where he or she would be held accountable to an advisory body, or the General Assembly, or any committee thereof, where we would be able to even go to JCAR and say wait a minute, you can't have a 24-hour deer permit season in Illinois. That doesn't make any sense. If I read your Amendment correctly, deer season is strictly set by the Director of DNR. If I'm not reading it correctly, you tell me where that language is."

Forby

"Well, it has to go through administrative rules and really, truthfully, they could have done this anyway, without this Bill."

Black

"Even though the law clearly says how many days will be in the deer hunting season? You're telling me that the director could come a week before deer season and say, I'm sorry because of bad weather conditions last year and drought deer season this year's only gonna be two days. I mean, I really did not know that he had the authority to unilaterally change something that was in statute."

Forby

"Well, the way it is now, they could go up to 14 days anyway if they wanted to."

Black

"Well, I understand that. I mean, I understand what's in the current statute. There is a specified number of days and if I'm going to get a deer permit and make reservations and go out and have a deer camp and have two deer permits, I'm willing to invest that money if I'm a hunter because I know I'm going to have 2 weekends or 10 days or whatever the statute says, to hunt. Now next year if I'm getting 48 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 ready and all of a sudden the director says, it's come to my attention because of the horrible winter last year, the deer population is down. Deer season this year will only be 24 hours. I now have money invested in permits, outfitting, and maybe reservations somewhere in one of the southern counties and I may not even be able to get there in time to set up camp and hunt before the season's over."

Forby

"That could be true but what this Bill is for the county I'm living in we're over population in deers. We kill more deers with cars than we do hunters. So this is a deal that we're trying to do. Some counties are not overpopulation like this, so this gives flexibility for DNR to add or take away."

Black

"That's a good point. And let me... if you can tell me where that is. Does this Bill give the director flexibility county by county? Or can he only do it... because all I'm interpreting is what's in your Amendment. During the open season that will be set annually by the director. Now I interpret that to mean that the director will say, deer season will run from November 1 to December 31 which used to be in the Bill or the statute. You're changing that and say now open season that will be set annually by the director. Now if there's something in here that says the director can set it by county, that would to me be a common-sense directive. There are some counties that maybe should not get the same number of permits or the same hours of hunting as another county. But again, I don't see that in the Amendment."

Forby

"You know, this is set in between administrative law and they can do this now anyway."

Black

"Well, I guess I would ask you a question I asked the previous Representative. If we can do it already but we 49 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 are making a substantive change in law, that is taking out the dates. But you say we that he or she, the Director of DNR can change it already, then why do we need the Bill?"

Forby

"This gives them more flexibility to do that. In a county like I have that's overpopulation where they can come in, had a youth hunt or a special hunt or more permits. They keep..."

Black

"Okay. Thank you, Representative. Mr. Speaker, to the Bill."

Speaker Hartke

"To the Bill."

Black

"Unfortunately, we have so much fun on a person's first Bill that a lot of times nobody listens to the debate because they think we're just kidding and then it gets a hundred votes. If you look at this Amendment and you come from a county as I do that have a good number of deer hunters, the Sponsor may very well be right. But... I'm not sure I want to give the Director of the Department of Natural Resources the flexibility to say there is no deer hunting season this year. Now he says that can already be done and I won't quarrel with him, he may be right. But in the statute it clearly sets out the dates at which deer hunting will be operated. Now he removes that and he says deer hunting will now be at the discretion of the Director of the Department of Natural Resources. I don't see anything in the Amendment that gives the hunting community, outfitters, et cetera, a comfort zone to know what the deer season is going to be come fall. I think if this Bill is enacted the way I understand it and I'm being dead serious, I'm not going after the fact this is his first Bill. I'm not sure the Gentleman has given me a clear picture of what this Amendment does. I don't want to vote for a Bill that come next fall people are gonna come to my office and say, 50 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 wait a minute, the director has limited hunting to one weekend. I'm not gonna buy a deer permit. We could suffer the loss of tremendous revenue. You could have, if you're a downstate district, you could have dozens of very upset and disgruntled constituents. When this Bill started out there was considerable opposition in some of the hunting groups, i.e. the bow hunters. I believe the Gentleman, he says that the... most of those objections have been withdrawn. But I, in good conscience, if I'm the only 'no' vote, I can't vote for this unless somebody can point out what I'm not seeing in this Bill. And that simply gives a tremendous amount of power in the Director of the Department of Natural Resources who can determine what the deer season will be. It may well be the Gentleman is right and the director could do that now. But at least we'd have some statutory reference to say, director, you're compressing the season by 20 days, what is the reason for that? This Amendment gives him the absolute authority to set a 24-hour deer season and I don't see where we have any means to go after that decision in a timely fashion to reverse it. I'll listen carefully to debate but I think those of you who are in the hunting community and represent those counties where deer hunting is, in fact, a recreational time of year in which some of your people make pretty good money, I'd be very careful of this Bill simply because of what it does not say, more so then what it says. Thank you, Mr. Speaker."

Speaker Hartke

"Further discussion? The Chair recognizes the Gentleman from Madison, Representative Hoffman."

Hoffman

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

Speaker Hartke

"To the Bill."

Hoffman

"I respect what the previous Representative said but I 51 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 respectfully disagree with his analysis of the current law. If you look at the current law and I think I have it in front of me. Currently, it's my understanding under the current law that the director has that very authority. Now if you're talking about he could compress the time, we are taking away the time period. But it's my understanding under current law, the director does have the authority to cancel deer season altogether. There's nothing that says there has to be a deer season. In fact, he could do it now for 24 hours. All this Bill is doing, if you look at how it's changing current law, is it's allowing the director more discretion to expand it over 14 days. And anybody who lives close to or near a rural area knows for a fact the problem with the deer population in this state. It's overpopulated. It's dangerous to people and we're just saying that the director at his discretion, his or her discretion, can have a longer deer season than 14 days. No where in the statute currently, and I think that's where the current Representative is mistaken, no where in the statute currently does it indicate that he does not have that power already to have it less than 14 days. It only says that he can't do more than 14 days. So what this is doing is giving him added power to address the population, the large population of deer. I think it's a good Bill and I will support it and I encourage our side of the aisle to do the same."

Speaker Hartke

Speaker Hartke: "Further discussion? The Chair recognizes the Gentleman from Logan, Representative Turner." Turner, J.: "Thank you, Mr. Speaker. Will the Gentleman yield?"

Speaker Hartke

"The Gentleman will yield." Turner, J.: "Representative, as I look at the analysis my concern is that the bow hunters are against your measure. Why is 52 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 that?"

Forby

"That is not true. I've had a talk with them and they're not against this. They was against the original Bill but when we had an Amendment, they read the Amendment and they said they didn't have a problem with this Bill." Turner, J.: "Well, the analysis that I have, it could be wrong. It says, 'opponents as amended United Bow Hunters of Illinois, Illinois Bow Hunters Society, and Illinois Hunters.' So, it's your position that this analysis is wrong and those folks are not in opposition to your Bill as amended?"

Forby

"Yes, that's right." Turner, J.: "Does this in any way limit the number of days that bow hunters can expect for the hunting season, should your measure pass?"

Forby

"No. It should not limit any days for the bow hunters."

Turner

"Can the bow hunters hunt during the shotgun season?"

Forby

"No."

Turner

"If the shotgun season is expanded would that then reduce the number of days for bow hunters?"

Forby

"I didn't hear what you said. Could you repeat that?" Turner, J.: "Yes. If the shotgun season is expanded will that then not limit the number of days for bow hunting?"

Forby

"No." Turner, J.: "Well, why not? You just said they can't hunt at the same time. How can you have it both ways?"

Forby

"The administrative rules sets this." Turner, J.: "Excuse me?"

Forby

"The administrator of rules sets this." Turner, J.: "Well, I don't know those rules, I'm asking. The question is if the shotgun season expands, is the bow hunting season then decreased by the corresponding number 53 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 of days?"

Forby

"If they want to add more days to shotgun season, they could add more days to bow season." Turner, J.: "What did you say, if they want to add more days they can do so?"

Forby

"If they want to add more days to a shotgun season, they could also add more days to the bow season." Turner, J.: "Who came to you with this proposal?"

Forby

"Well, I live in Southern Illinois. We have a big population of deer and we have problems down there all the time. You know our sheriff department called me just last week. He said, Gary, I call the state every day for about three deers of accidents. We just have too many accidents down there. Our farmers down there is getting nuisance permits so they can shoot the deers and leave them lay out there. And that's, you know, I'm not for that." Turner, J.: "Well, okay, but is this the department's Bill? I mean, who brought this to your attention?"

Forby

"It's my Bill, it's the department's language." Turner, J.: "Okay, the department's language. You've indicated that you have a large population of deer and we have the same in my area. So, is the idea then behind your legislation to expand the number of days for hunting deer by shotgun?"

Forby

"It's whatever the department sees fit. You're talking about a bow season. The people that was inter... about the bow was interested in this Bill came to talk to me. Said Gary, in our... up in our county we don't have the population. So I told him about the population we had in our county, he said, now we understand that. We understand what you're trying to do so we're with you on your Bill." Turner, J.: "All right. But you're trying to address the 54 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 overpopulation of deer, correct? With your Bill?"

Forby

"Yes." Turner, J.: "That's the whole idea behind your Bill. So I would think then your legislation would expand the number of days of shotgun season for taking a deer if you want to address the overpopulation problem."

Forby

"Yes." Turner, J.: "But you say your Bill doesn't do that."

Forby

"Yes, but in just certain counties where the population is overpopulation. Not every place." Turner, J.: "All right. So, then is your Bill then a vehicle for one county to have a 10-day season for deer and another county to only have a 3 or 4-day season for deer. Is that what the idea is?"

Forby

"They could do that now if they wanted to." Turner, J.: "Okay, what does your Bill do then? That's all I'm trying to get at? We're trying to address, I understand, the overpopulation of deer. What does your Bill do to address the problem you have expressed concerns about?"

Forby

"Give DNR more flexibility where counties have overpopulation where they can do something about it." Turner, J.: "Okay, more flexibility. What kind of flexibility? What is more the flexibility you're describing? Can you explain that?"

Forby

"Well, they could have a youth day, or they could have a special hunt day or they could have more permits." Turner, J.: "Okay, so you're Bill then allows for a youth day? Is... "

Forby

"It could, if DNR wants to. The... " Turner, J.: "And they can't do that right now?"

Forby

"No, they got a 7 days right now." Turner, J.: "They have 7 days to do what right now?" 55 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Forby

"Hunting season right now is 7 days. They can go up to 14 days." Turner, J.: "Okay. Under current law."

Forby

"Yes." Turner, J.: "Right. All right, I can understand where they may want to exercise their discretion, make it 8, 10 days to address overpopulation. I'm still struggling with this. What does your Bill do then?"

Forby

"Your question, one more time?" Turner, J.: "My question is what does your Bill do? You say it gives more flexibility and yet you say that everything that is accomplished in your Bill can already be accomplished at the discretion of the director anyway. So what is, if you can, the flexibility that you're adding to the statute?"

Forby

"It takes out the 14 days." Turner, J.: "It takes out the 14 days..."

Forby

"Maximum." Turner, J.: "... pertaining to what? Help me here. Fourteen days..."

Forby

"Maximum." Turner, J.: "Excuse me?"

Forby

"It takes out the 14 days maximum, where they can add more days. Now it makes it unlimited." Turner, J.: "Okay, and the 14 days maximum is the greatest number of days that is now authorized by law for deer season. And really then your Bill just simply takes that language out and says that the director could go more than 14 days for a shotgun season and/or a bow season."

Forby

"Yes." Turner, J.: "And he could go less than 14 days as he could, as I understand it, anyway."

Forby

"Yes, he's doing that now." 56 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Turner, J.: "All right. And what does your Bill say about using a hand gun for deer hunting?"

Forby

"Nothing. It don't... nothin' about hand guns is involved in this Bill." Turner, J.: "All right. I thought there was a Bill which would allow a hand gun for deer hunting?"

Forby

"It's not in this Bill." Turner, J.: "Okay, that's not in this particular measure then? All right, thank you."

Speaker Hartke

Speaker Hartke: "Further discussion? The Chair recognizes Representative Reitz for a quick comment."

Reitz

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

Speaker Hartke

"The Sponsor indicates he will yield."

Reitz

"Back here, back here. I'm back here. Did... I guess, just for clarification, do you.. this Amendment and according to our analysis it says that DNR and on the Democrat side too, says the DNR and the bow hunters are opposed. I think our analysis is also wrong and it probably addresses the Bill as opposed to the Amendment. Is that correct?"

Forby

"They are for it as amended."

Reitz

"Correct. To the Bill... I appreciate... I think you've done a great job on this. To the Bill."

Speaker Hartke

"To the Bill."

Reitz

"I think I said our analysis is wrong. I think this Bill gives DNR more flexibility. It allows them to set the deer season according to the size of the herd for that year. This is DNR's language and the deer season for anyone that's concerned about it will still be set by administrative rule. I think this is a good thing. It will allow, I think, the deer hunters and the insurance 57 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 companies will love this Bill. So, I'd ask for everyone to vote 'aye' on this Bill, thank you."

Speaker Hartke

Speaker Hartke: "Further discussion? Representative Jones, are you opposed to this Bill?" Jones, J.: "Yes."

Speaker Hartke

"Representative Jones." Jones, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

Speaker Hartke

"The Sponsor indicates he will yield." Jones, J.: "Representative Forby, the Gentleman from Logan had a question that's really concerning me and also the Gentleman from Vermilion County. The Representative from Logan brought up the question, would this take away days of the bow hunters hunting? And I believe your remark was 'no'."

Forby

"Yes." Jones, J.: "Well, I don't know how it could be no, whenever we're not allowed to bow hunt on days of shotgun season."

Forby

"If they wanted to they can add more season to the bow season if they wanted to. But the bow people came and talked to me, they understand about the populations. So they agree with this Bill." Jones, J.: "Okay, thank you. This is your first Bill and I don't want to beleaguer (sic-belabor) it real long. But Mr. Speaker, to the Bill."

Speaker Hartke

"To the Bill." Jones, J.: "Quite frankly, I think that the Representative would be wise to take the Bill out of the record right now and see if he could answer some of the questions for Representative Black and Representative Turner and myself. But I'm sure he's not willing to do that. But I would sure advise him do it, because if he doesn't do it, I advise the Members on my side of the aisle to vote 'no' on the Bill and to keep your red lights on whenever the final count 58 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 comes down. I think this Bill has some flaws in it. But, quite frankly, if you want to control deer in the State of Illinois it would be very simple for the director to say, hey, we're gonna quit going after those trophy bucks, we're gonna start going after does. You eliminate the doe population, cut down on the doe population, you cut down on the deer population in the State of Illinois. It's a very simple way to do it. And Director Manning has that power to do that. Thank you."

Speaker Hartke

"Representative Forby to close."

Forby

"I want to thank everybody here today for listening to my Bill. You know, the biggest deal on our Bill like I said before, down in my district we're over population in deer. DNR understood that. So did the bow people and the rest of the hunters. And our farmers down there, you know, they're after me to pass this Bill. So, I hope that I can get an 'aye' vote on this Bill. Thank ya."

Speaker Hartke

Speaker Hartke: "The question is, 'Shall the House pass House Bill 417?' All those in favor signify by voting 'yes'; 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. Have all voted who wish? Mr. Clerk, take the record. On House Bill 417 there 89 Members voting 'yes', 24 Members voting 'no', 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1776, Representative Rutherford. Out of the record. House Bill 2380, Representative Schmitz. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 2380, a Bill for an Act concerning bonds. Third Reading of this House Bill."

Speaker Hartke

"Representative Schmitz."

Schmitz

"Thank you, Mr. Speaker. Ladies and Gentlemen of the 59 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 House, House Bill 2380 simply just codifies some language to make it clearer to cities and villages that work with developers right now that there'll be three forms of credit available for subdivision improvements: cash bond, letter credit or surety bond. I'd be happy to answer any questions."

Speaker Hartke

"Is there any discussion? The Chair recognizes the Gentleman from Champaign, Representative Berns."

Berns

"Excuse me, I wanted to speak on another issue later on."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition the question is, 'Shall the House pass House Bill 2380?' All those in favor will signify by voting 'yes'; 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 2380, there are 113 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 643, Representative Ryan. Mr. Clerk, read the Bill."

Rossi

"House Bill 643, a Bill for an Act concerning missing children. Third Reading of this House Bill."

Speaker Hartke

"Representative Ryan."

Ryan

"Thank you, Mr. Speaker, Members of the House. I bring you House Bill 643. Six forty-three merely quantifies a House Resolution by Representative Hoffman last year, last Session. Six forty-three calls for a statewide child abduction alert system. Currently, there are four states utilizing such a system. It asks for the state police to implement such a system. For the record, statistics show that 75% of abducted children who are murdered are done so in the first four hours. Therefore, it's absolutely vital 60 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 that we get the information out as soon as possible and notify the public as to the specifics of the abduction and the victim and the abductor. Again, this is just a simply a quantification of a House Resolution last year. And I ask for your passage. Thank you."

Speaker Hartke

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

Lang

"Thank you. Will the Gentleman yield?"

Speaker Hartke

"The Gentleman will yield."

Lang

"Representative, just for the record, this is your first Bill?"

Ryan

"I believe so, yes."

Lang

"You're not sure?"

Ryan

"Yes, it is."

Lang

"All right. So the Bill says that you want the State Police to develop a coordinated program, is that correct?"

Ryan

"Correct."

Lang

"Who do you want them to coordinate with?"

Ryan

"All other law enforcement bodies."

Lang

"So, like the Secretary of State's police?"

Ryan

"Right, along with the media."

Lang

"Every municipal police force?"

Ryan

"Yes, Sir."

Lang

"The Forest Preserve Police?"

Ryan

"Yes, Sir. All law enforcement agencies."

Lang

"The security people on the riverboats?"

Ryan

"If there's a kidnapping, yes."

Lang

"Well, while were on the subject, do you think any of these missing kids will be found on those riverboats?"

Ryan

"I would hope that they would be found. I don't know if they'll be found on the riverboat, but you never know."

Lang

"Well, have you discussed with each of these thousands of 61 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 agencies whether they wanted to coordinate with the State Police?"

Ryan

"The State Police have."

Lang

"They've talked to all of them?"

Ryan

"I would imagine they've talked to most of them because they are a proponent of this Bill."

Lang

"You would imagine they've talked to most of them, but you don't know that for sure, do ya?"

Ryan

"No, I do not."

Lang

"So, Representative, do want to take this out of the record while you call each of these police forces and report back to us?"

Ryan

"No, I would not."

Lang

"Well, all right. So, how would this emergency alert system work?"

Ryan

"We intend it to be used similar to the weather alert, a tornado alert, whereby as soon as there's notice the TV, radio stations would put out the information as far as descriptions and if possible, photos."

Lang

"So, you're not talking about the tornado alert that they test every Tuesday morning at 10:00 a.m. in my neighborhood where the siren goes off. You don't want sirens going off all around Illinois at 10 a.m. every Tuesday, do ya?"

Ryan

"Well no, but if there's a child abducted I don't think we'd mind the sirens and alerts going off every single day of the week to help out."

Lang

"Are we gonna be able to tell from that siren which child is missing or where they are?"

Ryan

"Well, part of the alert system, Mr. Lang, would be a description and like I say, possibly a photo."

Lang

"Well, will each community have a different siren?"

Ryan

"No, Sir, that's why we're asking for a coordinated... " 62 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Lang

"I see. And who at the Department of State Police is going to do this coordinating?"

Ryan

"The Bill merely throws it in the State Police lap. And like I say they are a proponent of the Bill. And as far as putting it together, the logistics, that would be left up to the department themselves."

Lang

"So will there be one person at the State Police office who's responsible to call all several thousand police agencies across Illinois and say, hey, there's a missing child, be on the lookout?"

Ryan

"Well, you know, as well as you know technology now days, no, that would not be the case. It would be handled through the computer system. They already have a database that is employed."

Lang

"Do you think that it might be appropriate to include the emergency telephone system board in each community in Illinois so that they can use what they call reverse 911 to notify people of missing children?"

Ryan

"Well, like I say, the purpose of this is to use the radio and TV alert systems, similar to the weather alerts and the tornado alerts."

Lang

"Who wrote this Bill for you, Representative?"

Ryan

"This Bill came through my partner here, Maggie Crotty. Representative Maggie Crotty."

Lang

"Maggie Crotty is your partner?"

Ryan

"I should say, I'm sorry, I should say my seatmate."

Lang

"Seatmate. Oh. Well, why isn't she handling this Bill?"

Ryan

"I believe there's a restriction somewhere in the House here."

Lang

"Does this have something to do with the five Bill limit?"

Ryan

"I didn't know there was a five Bill limit but somehow I ended up with this one." 63 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Lang

"Well, you didn't? You may be the only one, Representative. We're gonna be listening to how you handle yourself on the rest of this fine Bill. Thank you."

Speaker Hartke

Speaker Hartke: "Further discussion? The Chair recognizes the Lady from Cook, Representative Crotty. Are you opposed to this Bill?"

Crotty

"No, Mr. Speaker. I rise in favor of this Bill. But I do have a question for the... "

Speaker Hartke

"The Sponsor will yield."

Crotty

"... Sponsor. I think he said yes, he would yield."

Speaker Hartke

"Yes, the Sponsor will yield."

Crotty

"Okay. Can you tell me, Representative, is this law in effect right now, anywhere else?"

Ryan

"Currently, there is four states that utilize such a system and there's several counties within the State of Illinois that are employing the system. As a matter of fact, the Texas system itself is credited for the return of eight children since the enaction."

Crotty

"To the Bill."

Speaker Hartke

"To the Bill."

Crotty

"As we've just heard the State Police are in full support of this and we have this program in other states. And when it comes to finding eight children that are missing in a timely fashion, who couldn't vote for this Bill. And I want to thank the Sponsor very, very much for taking this Bill because it's a pretty important piece of legislation. Thank you."

Speaker Hartke

"Further discussion? Seeing that no one is seeking recognition, Representative Ryan to close."

Ryan

"Maggie Crotty said and I believe this is a great Bill and if we could get the return of one child through such an alert system, I think we would all be happy. So I ask for 64 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 an 'aye' vote."

Speaker Hartke

"The question is, 'Shall the House pass House Bill 643?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 643 there were 112 Members voting 'yes', 1 person voting 'no', 0 voting 'present' . And this Bill, having received a Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Champaign, Mr. Berns."

Berns

"Mr. Speaker, I rise for a point of personal privilege."

Speaker Hartke

"State your point."

Berns

"I'd like to introduce to the House three representatives and residents of my district, Nicholas Lindenmeyer, Samantha Melena, and Nicole Crisagus. They're students at Arcola Elementary School and they're here with their teachers and families today and I'd like the House to welcome them."

Speaker Hartke

"Welcome to the General Assembly. House Bill 1903, Representative Osmond. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 1903, a Bill for an Act concerning banking. Third Reading of this House Bill."

Speaker Hartke

"Representative Osmond."

Osmond

"Thank you, Mr. Speaker. House Bill 1903 amends Section 16 of the Illinois Banking Act that specifies that directors in fulfilling their duties can rely on the advice or reports provided to them by third parties. This gives standing to that information. A similar Bill was opposed by the trial lawyers last year. The trial lawyers have removed their objection now. And there are no known opposition to this Bill. And I ask you for your support." 65 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Speaker Hartke

Speaker Hartke: "Is there any discussion? Is there any discussion? Seeing that no one is seeking recognition the question is, 'Shall the House pass 1903?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 1903 there were 111 Members voting 'yes', 0 voting 'no', and 1 person voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 136, Representative Schoenberg. Mr. Clerk. Out of the record. Representative Erwin in the chamber? House Bill 190, Representative Hoeft. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 190, a Bill for an Act with respect to schools. Third Reading of this House Bill."

Speaker Hartke

"Representative Hoeft."

Hoeft

"Thank you, Mr. Speaker and colleagues. One-ninety is the Bill that will extend the school year by one day a year for the next decade. It is a Bill that will bring us more in line with the school calendars of the Midwest in this nation. It also has provisions in it that if the state does not fund the day with added state aid each year that they cannot add the day. And it also says that when the collective bargaining contracts are in effect they cannot add the day in the middle of that contract. The IEA has also added an Amendment saying that they can, with management's approval, add those days in the middle of the contract which I thought was a very fair addition. This is an extremely important Bill and I'd be open to any questions."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Is there any 66 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 discussion? The Chair recognizes the Lady from Peoria, Representative Slone."

Slone

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

Speaker Hartke

"The Gentleman will yield."

Slone

"Mr. Hoeft, can you tell me what the reasoning is for adding just a single school day?"

Hoeft

"We were trying to feather this into the calendar so that we would have one day a year. This will... at the end of the decade mean two additional weeks. We did not want to dump like an additional week on the school calendar at one particular point. We thought that the gradual approach was the appropriate way of handling this problem."

Slone

"Okay, so this, if I'm correct, then this adds one day a year each year for 10 years. Is that right?"

Hoeft

"Correct. Correct."

Slone

"Okay. So at the end of your... you're two weeks longer."

Hoeft

"In the year 2012 we should have two additional weeks."

Slone

"Okay. Thank you."

Speaker Hartke

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

Lang

"Thank you. Will the Gentleman yield?"

Speaker Hartke

"The Gentleman will yield."

Lang

"Representative, did you say that the teachers' unions were in favor of your Bill?"

Hoeft

"The teachers union asked that an Amendment be placed on this allowing them to access this in the middle of a contract. I believe that they signed in in support of this. It is in our analysis that they are in support of this, yes."

Lang

"One portion of the Bill that concerns me a little, if I understand your Amendment correctly, you have an Amendment that states that if there's a collective bargaining 67 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 agreement that covers the issue of the length of the school year that this Bill would not kick in in that school district? Am I understanding that correctly?"

Hoeft

"The lengthening of the school year is a item that is negotiable and I did not believe that once the contracts were in effect that we had the rights to increase the workload during that contract."

Lang

"So let's assume that there is a collective bargaining agreement in effect in a given school district as of the passage of this Bill. And it goes two more years. So some school districts would now have their school years lengthened by two days. Does this school district now catch up? How does that work?"

Hoeft

"At the end of the two-year period then those days would be added."

Lang

"So, they would catch up right away?"

Hoeft

"Correct."

Lang

"So if somebody today had a five-year collective bargaining agreement or five years left on their collective bargaining agreement then when that was over they would get five new days or one week to their school year right away."

Hoeft

"The norm in this state is two to three years. I believe there are some four-year contracts. I have not heard of a five-year contract."

Lang

"So, I guess the question is, and I'm not opposed to your Bill, I'm just trying to see the effect of it. So, is there a... maybe you could speak to the public policy of having some school districts have longer school years than others."

Hoeft

"That is in contrast to the question of whether we break into each of the contracts and if we had not put this in each of the contracts then would be open for renegotiation 68 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 in mid-year. And that disruption they... I thought was far greater than to have for a period of time some school districts where two or three days extra on them."

Lang

"And I agree. I'm not suggesting that you not have this Amendment on there. I don't think we should violate collective bargaining agreements. But in the end you will have some school districts with longer mandated school years than others and I'm wondering if you would speak to the public policy issue involved there. Maybe you think there's no issue involved there."

Hoeft

"At the end we will all have 10 days. So at the end of the decade there will be a uniform 10-day increase. It is how that is implemented during the decade."

Lang

"And so what you're also saying then is that after the current collective bargaining agreements no collective bargaining agreement could cover length of school term because we're gonna cover that here?"

Hoeft

"Correct. The present State Law says we have to have 176 days built into the calendar. This simply would say at the end of the decade that that figure would be 186 days."

Lang

"And so this is in essence a mandate to local schools?"

Hoeft

"It is a funded mandate to the local schools."

Lang

"I'm not saying it isn't funded, but it is a mandate, correct?"

Hoeft

"Absolutely."

Lang

"All right. Was there any opposition to this in committee?"

Hoeft

"There were no opposition, it came out 20-0."

Lang

"Thank you."

Speaker Hartke

"Further discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 190?' All those in favor signify by voting 69 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 190 there were 110 Members voting 'yes', 1 person voting 'no', and 1 person voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Is Representative Erwin in the chamber? Representative Erwin, would you like to call House Bill 875? Mr. Clerk, read the Bill."

Rossi

"House Bill 875, a Bill for an Act concerning education. Third Reading of this House Bill."

Speaker Hartke

"Representative Erwin."

Erwin

"Thank you, Speaker. House Bill 875 passed the Education Committee on a vote of 16 to 2. And it quite simply just asks that if we are teaching whatever curriculum a school district chooses to use, because this is certainly not a mandate. But whatever curriculum they choose to use in health education or sex education or family life curriculum, that when we are teaching factual information, factual information only, that we use medically accurate information. This Bill implements a policy statement of the American Medical Association and has the support of many public health departments around the State of Illinois who have been called in to try and settle disputes between conflicts in curriculums. So, I would urge your support."

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

"The Sponsor indicates that she will yield."

Black

"Representative, you said this was a permissive piece of legislation. As I read it very quickly, and correct me if 70 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 I'm wrong, it clearly lays out some points that says, 'All sex education and family life courses of instruction and all comprehensive health education programs shall satisfy the following criteria.' Shouldn't that read 'may' satisfy the following criteria?"

Erwin

"Representative, I'm looking at Committee Amendment #1 to House Bill 875 which becomes the Bill. I'm not sure where you are."

Black

"I'm not sure where I am either."

Erwin

"Because actually the original Bill, although well intended, the underlying Bill, Representative Black, was you know, how more is not necessarily better. And in this case I struck everything out of the underlying Bill with the following exceptions and let me tell you exactly what the language is. It just simply says well, she said simply says, 'factual information presented in course material and instruction shall be medically accurate'. And then the definition of factual information and medically accurate, I asked the State Board of Education to give me... the definitions used in the Bill were taken from a Missouri Statute and I think a couple of other states that have done similar laws and I asked the State Board of Education if they had better definitions that they preferred and they said that these definitions were fine. I can read for you the definitions of factual information and medically accurate. But it was accepted by the State Board of Education and that's it. Everything else was struck from the underlying Bill."

Black

"All right. I've quickly read through the Amendment. You said the Amendment becomes the Bill?"

Erwin

"Correct."

Black

"It's Committee Amendment #1?" 71 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Erwin

"Committee Amendment #1 and the Bill as amended was approved 16 to 2."

Black

"Look on page 5 of your Amendment, if you would. Page 5, line 16. Begins, 'factual information includes without limitation, medical, psychiatric, psychological, empirical and statistical statements.'"

Erwin

"And Represen... "

Black

"The two words without limitation' caused me to say, well oh, oh."

Erwin

"Well, I... "

Black

"I mean, some of this medical, psychiatric, psychological, empirical, factual information is still, in many parts of our state, still under considerable debate and not everybody buys in... So I..."

Erwin

"Representative Black, and I appreciate what you're saying. What this does not say, it does not say that there are not disagreements about medical information. What all this means is that when you're teaching something as fact, not opinion, not conflicting views, not all of that, of course, in education is perfectly permissible. And ultimately, this is not a mandate. This does not tell school districts what to teach. It just simply says if you're teaching something as fact and factual information in the definition of what a fact is, it would mean that in other words, we can't without limitation, this is what the American Medical Association and as I said the other states have used. In other words, 'without limitation' means in medical and psychiatric, if you're teaching something as fact, this is just simply the definition of what factual information means in the context of this Bill. We're not saying what the facts are, this is just the definition. So if I want to teach in creative writing something that is 72 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 just, you know, opinion or fiction or whatever, that's perfectly fine. It's when an instructor is teaching something as a medical fact that is not a medical fact. And again, I said erase these definitions, State Board of Education give me exactly what you would like in this Bill and they said these two definitions were fine. So, I was totally open to whatever our experts said was a better definition."

Black

"Well, for example, and it's a rhetorical question, I don't know the answer. There are those that would say safe sex is: one, two, three. There is another school of thought that would say there is no such thing as safe sex. My reasons are: one, two, three. So what do you do in a case like that?

Erwin

"No, Representative, we... it... the curriculum that a local school district decides to adopt is totally up to them. Okay? This is... that's why this Bill is not a mandate. It doesn't tell 'em what to teach, how to teach it, when to teach it, if to teach it. But if they decide to teach, and mind you there aren't any penalties in this Bill, if they decide to teach that the stork delivers the baby, that would be medically inaccurate."

Black

"It is?"

Erwin

"You know, that's what I... I just... the doctor's told me that. I've no personal experience."

Black

"You mean all of those things I learned 40 years ago in school, about patent leather school... a patent leather shoes..."

Erwin

"Now that is true."

Black

"... and toilet seats and all that stuff, you mean that's not true?"

Erwin

"No, that is true." 73 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Black

"Oh, all right. You shocked me there for a minute. I... good heavens, you're destroying everything I learned in the 50's. Well, if I go back to the Amendment then, you're amending the School Code. You are not changing the language that says no pupil shall be required. So obviously, if a parent fills out a slip their child does not have to take any of these classes if that's the parental wish, correct? Okay."

Erwin

"Doesn't impact that part of this. Doesn't even touch anything else other than simply that... I keep saying simply and then I can't find the quote. It is the one statement that factual information presented in course material and instruction shall be medically accurate. That's it. And then the two definitions. And that's it."

Black

"Okay, but what... and I don't mean to belabor this, I don't think I'm in opposition to this but whenever you say something like medically accurate, even within the profession there are people who will rebut a research study and say I don't agree with that. That's not right. Now what do you do in that case?"

Erwin

"Well, Representative, it is why the most liberal definition of 'medically accurate', we think and again, Missouri uses this. It is... there are as you know, medical doctors that are on a wide variety of ideological spectrum. There are very, very conservative pro-life MDs. This has nothing to do with one's idealogy. It is why... it can be verified or supported by either scientific methods, peer review journals. It doesn't say what journals. I think the definition of 'medically accurate' is so broad Representative, that any conservative, the most conservative group would be able to come up with support. I mean it is a pretty broad definition of 'medically 74 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 accurate'."

Black

"Well, it's kind of like arguing, depending on what the definition of 'is' is. But I don't think we want to go down that road. Been there, done that, didn't understand it then. I just... I guess I would wrap up my remarks by saying that what is medically accurate on any given day depending on who you talk to, even within the medical community, may certainly stir up debate or discussion that could then end up with the school board one group challenging the medical accuracy. They could bring out witnesses to verify their position and the other side could bring out medical witnesess that would say, oh no, no this is medically accurate. And then I don't know how you resolve that."

Erwin

"Well, Representative Black... "

Black

"You don't have to hold up your hand, Representative."

Erwin

"... that is exactly the reason why House Bill 875 and this type of a Bill is being adopted around the country because, in fact, public health departments and school districts are getting drawn into on curriculum decisions, discussions that at the end of the day they've said, geez, the solution for this conflict would have been as the AMA has said to the states, just say it's got to be medically accurate. We're not telling them who to go hire and what criteria to use but it helps them sort of protect them from themselves sometimes in adopting curriculum that frankly, Representative Black, is just so far off the mark that it isn't medically accurate and we shouldn't be teaching kids things that is inaccurate. I mean, here you and I are working on, you know, trying to improve the quality of education and the quality of teaching and math and science and to presume that we want to teach our kids inaccuracies. 75 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Yes, scientific knowledge and investigation does change over time. But we do adopt curriculum and it's just a simple policy statement saying, that the information should be medically accurate. It's not a mandate."

Black

"Mr. Speaker, I thank you very much. To the Bill."

Speaker Hartke

"To the Bill."

Black

"I think the Lady's representation of the Bill is medically accurate but she has destroyed certain beliefs I have held dear, lo these many years, the stork. The next thing I know she's liable to tell me Mother Goose never existed. And I think that's the whole problem in a nutshell. What is medically accurate today is not medically accurate tomorrow. What is medically accurate to one person today is not medically accurate to another person that same day. And these may be people with medical degrees. I understand what she's trying to do. I don't think I quarrel with what she's trying to do. But I just see the nature of our society as when you say it shall be medically accurate there is a wide latitude of what people will regard as medically accurate. I don't know that she will solve the ongoing hysteria about these classes or whether she will add to the hysteria. And I look forward to other questions and I do appreciate her answering the questions I had."

Speaker Hartke

Speaker Hartke: "Further discussion? Does anyone stand in opposition? Seeing that no one's seeking recognition, the question is, 'Shall the House pass House Bill 875? All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 875, there were 78 Members voting 'yes', 34 Members 76 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 voting 'no', 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 2436, Representative Lindner. Mr. Clerk, read the Bill."

Rossi

"House Bill 2436, a Bill for an Act concerning higher education. Third Reading of this House Bill."

Speaker Hartke

"Representative Lindner."

Lindner

"Thank you, Mr. Speaker. This is the Nursing Education Scholarship Law. There is a nursing shortage in Illinois and we need more scholarships for nurses. This did pass the House unanimously last year. And I would be glad to answer any questions."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 2436?' All those in favor will signify by voting 'yes'; 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 2436 there are 112 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 759, Representative Persico. Mr. Clerk, read the Bill."

Rossi

"House Bill 759, a Bill for an Act in relation to environmental matters. Third Reading of this House Bill."

Speaker Hartke

"Representative Persico."

Persico

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 759 amends the Environmental Protection Act. It makes it more consistent in it's treatment of entities that generate and handle construction debris. Specifically, the Bill would add language to include local government entities in the current construction debris 77 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 manifest exemption. The requirements of the current law place an unfair financial and administrative burden on the county and municipal road departments and are inconsistent with the intent of the law. House Bill 759 as amended in committee does include an exemption for the City of Chicago, the collar counties and any local government entities within the boundaries of the city and contiguous collar counties. And just for legislative intent I would like to say that this Amendment, Committee Amendment #1, applies the exception to the contiguous counties themselves as well as any local government entity located in the contiguous collar county. And I would, you know, respectfully an 'aye' vote on House Bill 759."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 759?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 759 there are 111 Members voting 'yes', 1 person voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 473, Representative Acevedo. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 473, a Bill for an Act in relation to the Metropolitan and Water Reclamation district. Third Reading of this House Bill."

Speaker Hartke

"Representative Acevedo."

Acevedo

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 473 provides that veterans are entitled to preference of five points to be added to their final 78 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 grade on any promotional examination held on or after the effective date. Deletes a provision prohibiting a person from receiving a veterans preference more than once. Deletes also provision that a person entitled to preference does not have to furnish evidence of honorable discharge from the armed forces before an examination. Effective January 1, 2002. Be happy to answer any questions."

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

"Sponsor will yield."

Black

"Representative, can you explain to me... it is my understanding that there is case law in Illinois that clearly states a veteran shall have preference over any non veteran. Are you familiar with that, I believe, Supreme Court decision?"

Acevedo

"Could you repeat that, Representative, I'm sorry."

Black

"It is my understanding that the Illinois Court System has clearly stated that veterans preference is not preference it is embodied in law. And that unless an entity can show a compelling reason, a veteran on the hiring list, if six people are on the list and only one is a veteran, it's my understanding that you have to hire the veteran."

Acevedo

"Representative, I believe this legislation deals with promotional testing."

Black

"It would have nothing to do with entry level? You're simply giving a veteran's preference point on promotional examination?"

Acevedo

"Right. Current law states that five points are added for entrance. This adds five points for promotional."

Black

"All right. It says that you currently award five points 79 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 to any eligible veteran on the entrance exam. And that's all well and good. But I thought there was case law that said very clearly that the veteran has hiring preference over a nonveteran on any agency's hiring list."

Acevedo

"I don't believe it deals with promotional examinations, Representative. I believe it just states for the entrance exam. This would give it a veterans preference for five more points when he decides to take promotional testing."

Black

"All right. Well let me move on then to... You're removing a current statutory requirement that specifies when the evidence of military service must be provided. And generally that's a DD214, the discharge."

Acevedo

"Yes."

Black

"Why are you removing that evidence? It's indicated that the district will manage this by administrative rule."

Acevedo

"I believe it says, it states, 'deletes a provision that a person entitled to preference does not have to furnish'. Right now, I guess they don't have to furnish it, but we're asking that they do furnish these papers."

Black

"Well, if you'll look at the introduction of your Bill, the actual copy of the Bill, on the title page of House Bill 473. About the third sentence from the ending it says, 'deletes a provision that a person entitled to a preference does not have to furnish evidence of honorable discharge from the armed forces before the examination.' Why would you want to ... I don't understand why you'd want to delete that. I mean if that person was honorably discharged I would think that indication would need to be on his or her exam prior to taking the exam. Otherwise how do they get the points?"

Acevedo

"I believe what they're asking that they furnish the paperwork before they take the entrance exam. Currently, 80 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 they don't have to furnish the papers."

Black

"Okay. All right. So you're eliminating... I see... does not have to. All right and then it further states, 'deletes a provision prohibiting a person from receiving a veteran's preference more than once.' Now, does that mean more than once on a promotional exam or would it mean if I worked for the district for five years, left, came back, wanted to take an exam for a classification or a work classification that I didn't previously hold, that I wouldn't be able to get a veteran's preference on my second go-around as an employee?"

Acevedo

"No, Representative, actually what I think it's trying to say is that right now currently, current law states that a person can only have five points one time. It does not include a promotional testing. Right now we want to add five points for promotional testing."

Black

"All right. Are you saying that he could use, he or she, could use the five points on any subsequent exam they would take as they try to move up into job classifications on..."

Acevedo

"I believe that he... that five points would be added to his score automatically if he's a veteran."

Black

"On any exam they would take, correct?."

Acevedo

"Yes, as far as promotional wise, yeah."

Black

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

Speaker Hartke

Speaker Hartke: "Further discussion? Is there anybody standing in opposition? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 473?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On 81 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 House Bill 473, there are 56 Members voting 'yes', 57 Members voting 'no'. Mr. Acevedo?"

Acevedo

"Mr. Speaker, I'd like to place that on Postponed Consideration."

Speaker Hartke

Speaker Hartke: "Place that Bill on Postponed Consideration. House Bill 1087, Representative Leitch. Mr. Clerk, read the Bill."

Rossi

"House Bill 1087, a Bill for an Act concerning human services referrals. Third Reading of this House Bill. "

Speaker Hartke

"Representative Leitch."

Leitch

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1087 represents a collaborative effort to introduce into Illinois a 211 phone, emergency phone number, for the human services. Nationally, last July the Federal Communications Commissions set aside phone numbers in each state to begin the implementation of the 211 number. Many of us, either in our constituent offices or elsewhere, have encountered individuals who are in great need of help, great need of access to the human services, often in some family or other emergency. Many of us in our constituent offices know where to seek the help. But so many families facing the crisis at home do not. This Bill is also very much supported by the law enforcement agencies. Too often, too many calls get fielded by the 911 when people are looking for help because of an emergency. So this is a Bill that I believe will make a great deal of common sense. It will streamline the abilities of families to get the help they need, especially those in some crisis, and I would be pleased to respond to any questions and ask for your favorable support."

Speaker Hartke

"Is there any discussion on House Bill 1087? Is there any discussion? Representative Slone, the Lady from 82 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Peoria."

Slone

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

Speaker Hartke

"The Gentleman will yield."

Slone

"Representative Leitch, I was just wondering what the mechanics are of setting this up in the phone systems?"

Leitch

"The Bill provides that the Governor will appoint a 16 member committee that includes major human service organizations, includes the human service agencies in the state and also includes the various technical groups who are needed to make the thing move smoothly."

Slone

"Thank you."

Speaker Hartke

Speaker Hartke: "Further discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 1087?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On House Bill 1087, there are 111 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 136, Representative Schoenberg. Mr. Clerk, read the Bill."

Rossi

"House Bill 136, a Bill for an Act in relation to hate crimes. Third Reading of this House Bill."

Speaker Hartke

"Representative Schoenberg."

Schoenberg

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 136 is identical to a version of this Bill which passed this chamber with 93 votes last year. It's an initiative of Cook County State's Attorney Dick Devine's office and the language has been endorsed by the Governor's commission on hate crimes and discrimination. My friends, there's a disturbing trend in 83 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 our state and our society which points towards an increase in hate crime, at the same time we see a decrease in violent crime. Regrettably, we have sufficient experience to have learned that our existing laws while they are some of the most progressive and strongest in the country are nonetheless are inadequate and have loopholes that need to be strengthened in order to give our prosecutors more effective tools to prosecute hate crimes. It's regrettable that leaders of hate groups have legally insulated themselves from prosecution as we've seen with the existing hate crimes law. And it's absolutely critical that we pass this Bill today, my friends, because justice delayed is justice denied. We've seen too much pain in our communities to date and we have the opportunity to address that and change that by passing this Bill into law. Very briefly, I will outline the provisions of the Bill and then I'll open it up to questions. This Bill creates a conspiracy against civil rights. This is a new crime. This provision of the Bill mirrors a federal provision that has already been upheld in the 1993 court case... U. S. Supreme Court decision of Wisconsin v. ______________________ Mitchell. And in response to Mr. Winkel's questions in the Judiciary Committee... Mr. Speaker, I'd like to enter into the official House record a copy of that U. S. Supreme Court decision Wisconsin _____________________ v. Mitchell. It's a unanimous decision and it provides that, and it reaffirms that hate crimes punish conduct and not speech. This was a question that was raised several times during the Judiciary Committee hearings and I indicated to Mr. Winkel and to others on the committee that we were following the Supreme Court's guidelines and therefore, I'm entering this into the record. The conspiracy against civil rights provision of 84 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 this Bill indicates that if someone agrees with another to use violence, threat, or intimidation to interfere with another person's free exercise of any right... any of their civil rights under the Federal or State Constitutions, they can be charged with a Class IV felony for a first offense and a Class II felony for a second or subsequent offense. It reaffirms and clarifies that there are mixed motives to hate crimes. This is something that was done at the request of judges and prosecutors throughout the state, so that it would be clear that their... that a hate crime could be charged regardless of whether or not there were existing any other motivating factor or factors. It also increases penalty for hate crimes in safe zones. It provides for mandatory fines and community service. And it provides for increased penalties for repeat offenders. As I said, this Bill received 93 votes last year. I'd be happy to answer to any questions at this time. Thank you."

Speaker Hartke

"Is there any discussion? The Chair recognizes the Gentleman from Champaign, Representative Winkel."

Winkel

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

Speaker Hartke

"The Sponsor indicates he'll yield."

Winkel

"Representative, as you know in committee we discussed several times some of the concerns that many of us have had about this Bill. Representative, we discussed in committee and I think it might be worthwhile to discuss it again here on the floor. A lot of the concern that has centered around your legislation arises from a... let's suggest maybe a church setting, hypothetically, where you might have the religious leader preaching to a congregation and telling the congregation that certain behaviors or activities in society are sinful or wrong and admonishing his congregation or her congregation to go out and confront 85 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 people who are behaving in that manner or doing those activities. Now, the problem that we discussed and I think we should talk a little bit here on the floor, on that hypothetical, is could that involve a concerted action or a combination or a conspiracy between the religious leader and somebody in the congregation going out and let's say, confronting somebody about activity and could that be considered to be intimidation within the meaning of the statutes?"

Schoenberg

"No. It would re... As I indicated to Mr. Winkel and the other Members of the committee at the time, that no clergyman should be concerned about any potential prosecution as a result of any undirected actions of their followers because in order to charge anyone with a hate crime under this Bill it would be predicated and on an active agreement between two parties. So, the scenario outlined where a clergyman provides an impassioned and some may argue, inflammatory, but that's a value judgement that I don't think we need to go into right now. But a clergyman offers an impassioned sermon and cites one of any number of biblical passages and then a parishioner or a follower would act upon that unilaterally, that would not be applicable here because this Bill specifically addresses and is predicated upon an active agreement between two parties. And I appreciate your asking that to clarify it before the full Body."

Winkel

"Representative, by agreement is that within the legal... the meaning that an actual contractor..."

Schoenberg

"It's within the plain and ordinary meaning of the term."

Winkel

"So, in other words, you would... what you're saying then is it would take an actual agreement between, let's say, 86 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 the pastor or religious leader and somebody in the congregation to do what, an act of violence, any sort of crime or is it depriving one of civil rights? What specifically would it be?"

Schoenberg

"Yes, that's correct, Mr. Winkel, to do... to commit either an act of violence, threat, or intimidation. But Mr. Winkel, I also wish to add that as we've regrettably seen, the problem that has emerged is not the result of legitimate clergy people from recognized denominations of different faiths in our society. The prob... some cases which have emerged have been the result of those who are leaders of hate groups who with their twisted and violent rhetoric and actions are seeking to cause harm to individuals or communities and are attempting to cloak themselves behind a thin veil of legitimacy by suggesting that they are indeed a faith that's recognized within our society. As a person of faith, as I know you are and others in this chamber, I find it offensive that leaders of these hate groups and white supremacist groups cynically manipulate religion in order to try to achieve their hateful and violent goals, but the situation that you outlined would not be applicable."

Winkel

"Mr. Speaker, it's very difficult to hear the answers."

Speaker Hartke

Speaker Hartke: "You're absolutely correct, shhh. Ladies and Gentlemen, we have a serious discussion going on. Please, give the speakers your attention."

Winkel

"Representative, in the Criminal Code there's a Section, 5/12-6, that has to do with intimidation. Now, intimidation is a word that you use in House Bill 136. Now, that word is not defined in your Bill. Now, when a court is confronted with this, if it becomes law, and looks at intimidation, what is the meaning of intimidation within 87 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 the context of your Bill and does it... what, if anything, does it have to do with 5/12-6, the Section on intimidation?"

Schoenberg

"It would have absolutely nothing to do with that citation. It's the plain and ordinary meaning and it's intended to refer to implied threats that prevent the victim from exercising his or her civil rights."

Winkel

"Well, Representative, here's my concern and I'll reiterate it. We discussed it in committee, but I think it's interesting to note. In this Section, in the statutes on intimidation a person commits intimidation when... and then there's a list of things. And the fifth one that's listed says, 'expose any person to hatred, contempt or ridicule'. And the concern that has arisen back to the original hypothetical is, what if a parishioner... what if somebody in the congregation goes out and ridicules or well... ridicules somebody about their activity, about their social behavior? Would that be intimidation within the meaning of the Bill that you have before us today?"

Schoenberg

"The answer to that is 'no'. It's the... by use of the word intimidation referring to the plain and ordinary meaning of it."

Winkel

"And what would that be? What would the plain, ordinary meaning of intimidation be?"

Schoenberg

"It would be, as I indicated earlier, it would be an implied threat to deter as if by a threat."

Winkel

"My problem though, in addition to that, is what will a court do... what can we expect a court to do in the absence of a definition of intimidation? Will a court be likely to look at intimidation as defined in the statute that's already in the Criminal Code or look to the plain and ordinary meaning, say in _________ Webster's?" 88 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Schoenberg

"Mr. Winkel, the rules of statutory construction suggest that you can't interpret that to mean an implied reference. You would use the dictionary meaning of interpreta... of intimida... I'm so... you'd use the dictionary meaning of intimidation."

Winkel

"Would the definition in a dictionary on intimidation include ridicule?"

Schoenberg

"No."

Winkel

"Would it include hatred?"

Schoenberg

"Oh, wait. It would not include hatred. The definition..."

Winkel

"Would it..."

Schoenberg

" ... is to deter as if by threat."

Winkel

"Okay. Would it include contempt?"

Schoenberg

"No."

Winkel

"Okay."

Schoenberg

"So, I think, you see Mr. Winkel, by virtue of this exchange there's a specific and narrowed... much narrowed definition and I'm glad you asked me these questions to clarify it for those who have doubts."

Winkel

"Thank you, Representative. Mr. Speaker, to the Bill."

Speaker Hartke

"To the Bill."

Winkel

"I think people have to be very careful as they're looking at this Bill. When you look at the word 'intimidation', the testimony or the argument today that we're hearing from the Representative is that it doesn't include the words 'hatred' or' contempt' or 'ridicule' and what we've done here is created a legislative intent. The only caveat I would extend to my colleagues is be careful, because we don't know for certain when there's ambiguity in the interpretation of a statute that a judge... any sitting judge is necessarily going to look at Webster's _____________________ Dictionary 89 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 for the plain and ordinary meaning. They may well reach back into the statute and look at the statutory definition of intimidation which could include such things as ridicule. So, just bear that in mind. Representative, I'm gonna support your Bill today based on the Supreme Court interpretation, the case law that you've read into the record and our exchange here on legislative intent. But I urge my colleagues to think this matter over very carefully. I think this is a very serious Bill with certain ramifications that all of us need to take into careful account before we vote 'yes' on this Bill. Thank you."

Speaker Hartke

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

Parke

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

Speaker Hartke

"Sponsor will yield."

Parke

"Representative, I see by the staff analysis that the crux of this is the increased penalties for hate crimes. How many since this was in place currently, how many people approximately have been convicted under the current legislation that we have in place now? Say in any given year, any estimate?"

Schoenberg

"For the... The Department of Corrections data indicates that there were nine admissions for Class IV hate crimes in fiscal year 2000. And what I'd like to do also, Mr. Parke, is indicate to you that there were 520 cases statewide. Here, within the Springfield area, I believe the number of hate crime cases that were reported went from... ranged... went from one year to the next that they more than quadrupled."

Parke

"So, we're talking... There were nine convictions under this last year, 2000, you said?" 90 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Schoenberg

"There were nine people sent to prison for this... for a Class..."

Parke

"So, nine people. So, we do have what we're doing currently for people who use this legislation to prosecute hate crimes, nine and now, you want to increase the penalties. I'm not sure I understand. Isn't the current law working? Why do you want to increase penalties?"

Schoenberg

"Most people... Mr. Parke, most people who are charged and convicted of hate crimes receive probation and community service, that's why. But the rea..."

Parke

"And so, it's not the law, it's the court and the administration of the law. They could make it more stringent, couldn't they, just by their judgement, right?"

Schoenberg

"It would still be probationable, but the answer really is both. Because the reason why the conspiracy against hate crimes provision was added to the Bill which mirrors existing Federal Law. That was added to the Bill because the current definition of conspiracy we've seen with the existing definition of conspiracy that leaders of hate groups and white supremacist groups have insulated themselves from prosecution by going right up to that line. And just omitting enough specifics in their direction of what they would like done to their followers so that they could not be prosecuted. So, it's both the law... So, they're are really three parts to this. One is the new law... the new part of the law, conspiracy against civil rights, which is already Federal Law and has been upheld by the U. S. Supreme Court. The second part pertains to clarifying that there are indeed mixed motives in hate crimes. And the third part deals with increased penalties for repeat offenders, as well as within safe zones, those very areas in our community where people go and seek 91 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 refuge."

Parke

"On this conspiracy aspect, you say that it's a Federal Law now. Why do we need to worry about it? If it's Federal Law, let the courts prosecute under the Federal Law. If it's there, why do we need this legislation?"

Schoenberg

"Well, Mr. Parke."

Parke

"Representative will do."

Schoenberg

"I think you would agree that local prosecutors should have the prerogative to and the ability along with law enforcement officials to prosecute leaders of hate groups and white supremacist groups just like Federal Law enforcement officials can. They should be able to do that within their local jurisdictions."

Parke

"Well, maybe I didn't understand then. So, you're saying, even though it's a Federal Law, the State Law enforcement officers cannot use the Federal Law. That doesn't make sense."

Schoenberg

"This would enable state and local prosecutors to be able to present these charges in state and local courts. In other words, it would give us an even greater opportunity to shut down those white supremacist groups and hate groups which have irreparably ruined lives throughout... in communities throughout Illinois."

Parke

"Well, I guess I don't have a pro... I understand more now what you're trying to say about the new cause of action that you've put in here. Let me ask you one last question because again, this is a very sensitive and you know... So, why is the Illinois Pro Family Network and the Concerned Christians of America opposed to this legislation?"

Schoenberg

"I'm sorry, Mr. Parke. Could you repe... I... Did you ask me why..."

Parke

"Why the Illinois Pro Family Network and Concerned 92 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Christians of America are opposed to this legislation? These are bona fide organizations that represent a constituency in this state. Why are they expressing concern about your Bill?"

Schoenberg

"I believe that through the discussion here on the floor as well as the discussion in the committee, we addressed the primary fear... the primary misgiving that those two groups had. They were conc... they expressed concern that this Bill could be loosely interpreted so that a clergyman could possibly be prosecuted if one of his or her congregants wrongfully interpreted this as a command to commit violence or harm somebody. But as we specifically pointed out, this requires an active agreement between two people. This isn't... If you're creating a concern that people... that a clergyman will say something from the pulpit and somebody who misinterprets it and acts upon it violently will result in a clergyman being charged, that shouldn't be a fear or worry of yours at all. And as a person of faith, myself, I am sensitive to the ability of clergymen to express and articulate their faith and as someone who believes that we should preserve freedom of speech, I have been very careful to address those issues as well. But those fears, Mr. Parke, are simply unfounded."

Parke

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

Speaker Hartke

"To the Bill."

Parke

"In our society there's no... there's to be no tolerance for discrimination and hate crimes. But we have... I have a serious concern about the concept of intimidation that is expressed in this Bill and it's still there and I just don't want under that definition to be able to go into people of faith, who may have a counter position on different levels, and have them be exposed to a state 93 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 prosecutor using a Federal Law that was not intended. So, I guess until the word 'intimidation' is taken out of this legislation, I'm gonna vote 'present', so that and those who respectively may disagree with the big picture... No, I mean... excuse me, on the small aspect of that, not on the big picture, because I think no group would be opposed to that. I'm gonna vote 'present' and hopefully, if this does not pass in the Senate, that it'll come back and perhaps the Sponsor may revaluate that part and come back with something that may achieve ultimately what he and the majority of our society would want to see. Thank you."

Speaker Hartke

"Further discussion? The Chair recognizes the Gentleman from Cook, Representative Durkin. Do you stand in opposition to this Bill?"

Durkin

"No."

Speaker Hartke

"Further discussion?"

Durkin

"Will the Sponsor yield?"

Speaker Hartke

"Sponsor will yield."

Durkin

"Representative, I think this is a fine Bill and I'm gonna vote for it, but I want to ask you... There's a couple of things that jumped off the page to me, specifically, under subsection (b), coconspirators, it talks about it, is not a defense to conspiracy if you... that you have five different exemptions. A person has been prosecuted, has been convicted of a different offense. Specifically, I want to address the last, 'lack the capacity to commit an offense'. Where did that come from and what type of situation do you envision falls under that exemption?"

Schoenberg

"Mr. Durkin, this is based on the original conspiracy statute that was enacted in 1961."

Durkin

"All right. I just want to know what type of situations 94 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 you would envision would qualify under that subsection, under five, for person who is a coconspirator to lack a capacity under the Criminal Code to act in furtherance of the conspiracy? How would... Are we talking about a situation where a person who has the evil intent goes to another individual who may be, under the law, retarded who cannot carry out that offense? Is that what we're talking about? Someone who's... who is unfit under the law, someone who is... Are those the individuals that this subsection is referring to?"

Schoenberg

"The original... You know, if you'll hold on one second, I'll get the answer for you to that. Mr. Durkin, thank you for your patience. This... The prior law that there'd be at least two guilty parties to a conspiracy was rejected because it was considered to be quote, 'far too technical' and quote 'overlooked the realities of trials which involved differences in juries, contingent availabilities of witnesses, the varying ability of different prosecutors and defense attorneys', et cetera."

Durkin

"So, you can be prosecuted if you talk to someone and if you ask them to carry out a threat, but they lack the legal capacity... They lack the legal capacity to commit the offense. Why... I see just a little bit of a conflict. I'm just trying to flush this out a little bit. Under the..."

Schoenberg

"No, it... Mr. Durkin, it's actually the same as the current conspiracy law."

Durkin

"Sure. Sure. But let me just... just hear me out for a second. We have certain elements that we have in subsection (a) in which we're saying that a person has to agree with another, so there must be some type of meeting of the mind, there has to be some furtherance between the 95 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 two that they are going to commit an offense, but that other individual in the same token is saying they've lacked the capacity to commit an offense. So, you see there's a little bit of a conflict in that situation."

Schoenberg

"Mr. Durkin..."

Durkin

"The question is, how could someone agree but also... but then again not have the capacity to be prosecuted if they..."

Schoenberg

"I'm sorry. Could you repeat that... I can't hear you. Could you repeat the..."

Durkin

"I'm just having a hard time just trying to understand how someone's gonna be charged under this Section if we're saying that one of the elements that the state must prove is that there must be an agreement with another person, but that another person has been found to lack the capacity to commit an offense meaning that person is not fit, that person does not have the... has diminished capacity, that person may not... who'd never go to trial because they are unfit under the law, 'cause they don't understand the consequences or the criminality of the offense."

Schoenberg

"Mr. Durkin, that's a question for the trier of fact and different juries may reach different conclusions upon that."

Durkin

"Well, I would disagree, but I think that there's gonna be a problem with just it under that type of scenario. But I just... If it's a matter for the trier of fact, I'll accept that and I'm gonna support your Bill. Thank you."

Schoenberg

"Thank you. And thanks for your patience."

Speaker Hartke

"Further discussion? Seeing that no one is seeking recognition, Representative Schoenberg to close."

Schoenberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We've heard considerable discussion on this issue 96 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 and in closing I'd like to share a thought with you that was recently expressed by Miss Sherialyn Birdsong, a resident of Evanston, the widow of Ricky Birdsong, who indicated... who said that one of the main reasons why it's so important to pass... that this Bill pass is what it communicates to our young people, not just people who've been affected by hate crimes, but all young people. And then she added, in terms of her own children, 'I think that they need to have their faith in our system encouraged and strengthened because in the end', she added, her children would be aware that their father was gone. Mr. Speaker, Ladies and Gentlemen of the House, I urge you to vote for House Bill 136. Thank you."

Speaker Hartke

"The question is, 'Shall the House pass House Bill 136?' All those in favor will signify by voting 'yes'; 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 136, there are 196 (sic-96) Members voting 'yes', 10 Members voting 'no', 7 Members voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 2528, Representative Bost. Mr. Clerk, read the Bill."

Rossi

"House Bill 2528, a Bill for an Act amending the Fish and Aquatic Life Code. Third Reading of this House Bill."

Speaker Hartke

"Representative Bost."

Bost

"Thank you, Mr. Speaker. House Bill 2528 creates the offense of unlawful taking or attempting to take aquatic life from aquatic farm without consent. This is a Bill dealing with... we... Last year we passed or the last couple years we've passed the fish farm... the creation of 97 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 the fish farm industry. Because of that this legislation has to be put in place because up until the time we created those farms all aquatic life in the State of Illinois is property of the State of Illinois. Now, that aquatic life is property of the individual farmers, this puts into place a law that can be enforced to protect that property."

Speaker Hartke

Speaker Hartke: "Is there any discussion? Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 2528?' All those in favor will signify by voting 'yes'; 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 2528, there are 114 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1004, Representative Flowers. Mr. Clerk, read the Bill."

Rossi

"House Bill 1004, a Bill for an Act concerning schools. Third Reading of this House Bill."

Speaker Hartke

"Representative Flowers."

Flowers

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Over a decade ago, I introduced a Bill that was signed into law and it was designed to strike at the heart of gang and drug dealings in the Chicago... in the public schools. That law prohibited the use and the possession of cell phones on school property. Now, 11 years later, I've introduced a Bill, House Bill 1004, to repeal this prohibition. In 1990, cellular phones were a luxury. Now, they are a necessity. What was once a tool for drug dealers and gang members is now a link between family and friends. Cell phones, at that time, were used by few and now, everyone in this room have a cell phone. I'll be more 98 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 than happy to insu... to answer any questions you may have in regards to House Bill 1004."

Speaker Hartke

Speaker Hartke: "Is there any discussion? The Chair recognizes the Gentleman from Kendall, Mr. Cross."

Cross

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

Speaker Hartke

"Sponsor will yield."

Cross

"Representative, if I'm not mistaken and perhaps, it was even before I got here, wasn't this General Assembly actually banned the use of cell phones and pagers in schools? Were you here at that time?"

Flowers

"Banning... The answer to your question is 'yes', Sir, I was."

Cross

"And if I'm not mistaken and I... at that time we did that to prohibit, for lack of a better term, the business of... you know, the drug business that's goin' on in our... that was and I think this is still going on to a certain degree in our schools through pagers and the use of cell phones. Is that not the reason for the Bill? That was not... Wasn't that the reason for the Bill ten years ago?"

Flowers

"Ten years ago cell phones were very expensive, very expensive and the average person that had a cell phone that was in the schools were using or either selling drugs."

Cross

"Are you suggesting or is there the suggestion now that there's no more drug business taking place on school property or outside school property with the use of cell phones and pagers?"

Flowers

"Well, no, I'm not suggesting that, Sir. I'm saying now that cell phones are more readily available and not as expensive and they're now used by family members in order to keep in contact with each other."

Cross

"What do we do about... How do we address the issue from ten years ago, where we all acknowledged, at least this 99 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Body acknowledged as did the Senate and the Governor apparently because the Bill was signed into law, that a good bit of drug business was being conducted by drug dealers and students with cell phones? Are we not going to... if not encourage, at least allow the continuation of that type of business on school property? I understand what you're saying about families. I won't disagree with that. But aren't we gonna facilitate the business of drug use or the selling of drugs on school property by passing your Bill? Isn't that a concern?"

Flowers

"First of all, if it's gonna happen, it's illegal to sell drugs or use drugs on school property anyway, with a cell phone or otherwise. But the fact of the matter is, again, cell phones are more family friendly and a lot of families would like to know that their children made it home okay, because more parents are working now. And this would be a way in which they would keep in contact with their children when regular phones are not available."

Cross

"Well, I..."

Flowers

"So, this would not stop drug use or either add to it, in my opinion because if... if those type of people are gonna do it, they're gonna do it anyway."

Cross

"Well, at this point, if I can't have a cell phone on school property, at least if I'm in the business of dealing drugs, I'm gonna have to go off school property and use my phone or pager. Now, I'll be able to conduct business at the school with my phone, if this Bill passes."

Flowers

"No, no and let me just tell you this. Technology today is very sophisticated, so in order for you and I to communicate, quite frankly, I really don't need a pager, as was defined in 1990 and nor do I need to have a cell phone in order to communicate with you in this room. If you go 100 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 to Toys R Us, for a mere $11.99 you can get what you call a friend link and a friend link... you and I can communicate across the room. We can communicate up to, I think, a hundred feet. There's all types of other type of message text centers or text that you could send without using a cell phone. So, that's another reason why... That's another reason why it's important."

Cross

"Representative, maybe we ought to... Maybe the other issue here is one of local control. It seems as if and again, I understand the argument about family to family. I actually agree with that and I think it's something that needs to be discussed, but how do we regulate... It seems like local school boards and local principals and teachers ought to be regulating or at least discussing the idea of when phones can be used, if at all, and it shouldn't be really... shouldn't... doesn't seem like it ought to be our business about that. Don't we all... Why don't we let school boards make those decisions?"

Flowers

"Sir, you know what, it's not often. It's really not often that you and I agree and I agree with you 100%. It should be up to the schools. So, therefore, the purpose of this legislation is to take out the punitive part and allow the schools to make the regulation as to how that matter would be taken care of. But you and I should not be in the business of making criminals out of children because their families want to keep in contact with them."

Cross

"Who was the Sponsor of the original Bill, Representative, ten years ago, that made those kids criminals?"

Flowers

"Well, Sir, ten years ago the original Sponsor of the Bill was Representative Flowers and on that Bill was Representative LeFlore, Shaw, Davis, Lou Jones, Jesse White, Senator Shaw, Senator Trotter, Balanoff, 101 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Representative Santiago, Matijevich, and Representative Reitz."

Cross

"I guess, Representative, and I just want to reiterate this point on the local. I'm not sure your Bill is clear enough about that, but I would very much encourage you to look at allowing local school boards to make these decisions, because there's certainly gonna be some situations where local school boards feel like they need to prohibit the use of cell phones and there may be some school situations, for medical reasons, for family reasons that I can't think of right now, where phones ought to be utilized. But I think, where they're used, how they're used, the time frame in which they're used, whatever, ought to be done locally and we shouldn't even be in the business of this. And I would, I'm sure there are and I know there's some other people askin'... who want to ask some questions, so I'll defer to them. Thank you."

Flowers

"Representative..."

Speaker Hartke

"Further discussion? The Chair recognizes the Gentleman from Champaign, Representative Winkel."

Winkel

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

Speaker Hartke

"The Sponsor indicates she'll yield."

Winkel

"About... Representative, I'm not following your answers to this at all. We still... You admit, in the line of questioning that we just heard from Representative Cross, we just heard that you admit that the problem of drug dealing on our K through 12 campuses, our high school campuses in particular, is still a problem. And your answer back is that for some reason if everybody's got the phones now days, then we should just let everybody have 'em on the school campus. But does that not camouflage the elicit or the illegal activity that people would be using 102 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 these cell phones for? I mean, why is that a good excuse or good reason to allow the drug dealers to use phones on the high school campus?"

Flowers

"You know, Representative Winkel, I really want to think a little broader than drug dealers, okay. Back in the '90s when cell phones were new on the scene and again, very expensive..."

Winkel

"Representative, I heard..."

Flowers

" ... but..."

Winkel

" ... you say that before."

Flowers

"Okay, but now, wait a minute..."

Winkel

"But, so how does that make it right?"

Flowers

"But this does not... Have we eliminated, as a result of this legislation, have we eliminated the use of drugs or the selling or the possession of drugs on the school grounds?"

Winkel

"Absolutely not, Representative and nor should we make it easier."

Flowers

"As a result of this legislation, Sir, is there another way..."

Winkel

"Representative, nor should we make it easier for that reason."

Flowers

" ... is there another way that children can communicate? Since this has not eliminated that problem, so therefore, there are some families out there who would like to be in contact with their children after school and so, in order for that to occur, that child must have that phone in their possession. But now, this Bill does not mandate or say that all schools have to allow children to carry phones in the school. It is saying that if they want to, that would be up to that particular school. But right now, Sir, if your child or grandchild is caught with a cell 103 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 phone in her or his possession that will be a violation of a law and there will be criminal penalties that will... that child would have to incur only because the parent, the parent for medical reasons or for safety reasons, wanted this child to have this phone in their possession. So, kids that are gonna sell drugs... do drugs, there are other ways of communicating. They have the message text where the phone does not ring. That's not outlawed in this legislation. They have cell phones where you can send text. I told you about the little Toys R Us, the friend link, which is not prohibited under this legislation. So, therefore, if a drug dealer wants to communicate and continue to sell his drugs, he can do so with this legislation or without. So, my point is for the 99.9% of the families, such as myself, who would like to know that while I'm here in Springfield, that my child made it to her destination okay. So, I would like to call her when I know she's out of school and to know that she made it to the babysitter's house. My child should not be made a criminal because she has a cell phone so that her mother can keep in contact with her."

Winkel

"Mr. Speaker, to the Bill."

Speaker Hartke

"To the Bill."

Winkel

"Quite frankly, I'm not at all persuaded no matter how long the answer, no matter how many times you repeat yourself in this, but I do have to admit one thing though. I guess I did fall for this momentarily in committee. And I'll tell you why, it's one of the worst votes I ever took. This should be a 'no' vote. I'll tell you why I got calls from my district from people who are in the business of maintaining discipline on high school campuses and they were absolutely outraged that we were even considering 104 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 this, absolutely outraged. They asked me if I'd lost my mind. Quite frankly, I think that this is a 'no' vote. This is a 'no' vote to protect our kids. If you want to get in touch with your kids, you call your school; we all know that. And you can get in touch with your kids that way. We do that everyday. There's absolutely no reason whatsoever... just because the phones are now inexpensive, to give every child in high school a phone so as to camouflage or protect the drug dealers who are still there, who Representative Flowers has admitted is still... they're still there. It is still a problem. It is not a function of the phones being cheaper. That makes no difference and it doesn't make any difference and shouldn't make any difference that there are otherwise... other ways of communicating, as well. This is a bad Bill. This is a bad Bill that is aimed at an exception, but as a general rule it is a very bad Bill and you should vote 'no'."

Speaker Hartke

Speaker Hartke: "Further discussion? The Chair recognizes the Gentleman from Whiteside, Mr. Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

Speaker Hartke

"Sponsor will yield." Mitchell, J.: "Representative Flowers, I want to try to clear up one thing in particular. If we pass this legislation, does it, in fact, leave the question of the use of cellular phones, carrying cellular phones up to the local school district?"

Flowers

"Yes." Mitchell, J.: "Can the local school district then set policy saying that students will not have phones at school?"

Flowers

"Yes." Mitchell, J.: "So, what you're saying is that we're taking a state mandate off of schools and leaving it with local 105 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 control with principals, with superintendents, and with boards of education to determine, in their area, whether it would be beneficial or not beneficial for the students to have phones."

Flowers

"Yes." Mitchell, J.: "Nothing in your legislation states that school districts must now allow cellular phones to any particular student or any group of students."

Flowers

"You're absolutely right, Representative." Mitchell, J.: "So, there's no question as to whether or not this is a mandate on schools saying, you gotta let 'em have a cell phone. It's just simply saying the state mandate is off; it's up to you individually to control and patrol your own students and your own district."

Flowers

"You're absolutely correct, Representative." Mitchell, J.: "Thank you, Representative."

Flowers

"Thank you."

Speaker Hartke

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

Delgado

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

Speaker Hartke

"Sponsor will yield."

Delgado

"Representative, isn't it true also that you're looking out for those students who, some of them have babies at home, some are 18 years old, some are fifth year seniors. You have those who have single parents at home and they help them. Are these some of the reasons why you want to do this?"

Flowers

"You're absolutely correct, Representative."

Delgado

"To the Bill, Mr. Speaker. It seems to me that we can't have it both ways all the time. When we talk about local control, that usually comes from the other side of the aisle. But on the other hand, this Representative has 106 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 taken quite a bit of time here in terms of having to get hit about what this Bill does or does not do. And it tells me that we continue to try to micromanage what's happening in a lot of our urban areas and indeed that when we bring legislation forward that try to express some of these matters. And this Bill, what it'll do is it'll do exactly that, allow those local districts to make policy, to set that policy and maybe one particular school has a real problem and they may want to have zero tolerance, whatever that means. And on the other hand another school down the road may decide that in a cluster situation with their grammar schools that it is okay. But let them make that decision, let them do this. I thought it would be a compliment coming from a Representative like Flowers to say we're gonna eliminate this mandate and let them have local control. Well, for heaven's sake, these things are happening in Chicago, McHenry County, Decatur, large school districts and this just isn't about drug dealing and crime. For heaven's sake, there's a lot of good kids out there, there's a lot of moms and dads that want that communication with their children. So, let's stop trying to put our children in a sense, in this stereotypical mindset that we have all these criminals out there. We're criminalizing our children, for heaven's sake, but at the same times, moms and dads have to show that responsibility that we know why we gave our child a phone or a pager. Well, darn it, then let's talk to these parents from the school level. Let's find out from the counselors. But to come in here and start trying to play police, cop, or whatever we want to call it is really getting out of hand already. So, at this point, what we want to try to do is listen to the genesis of the Bill. Poll some of your own parents and 107 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 find out. We can't have one brush and wipe everybody away every time we have a youth crime out there and then all of a sudden we take it out on the entire population of young people. Representative Flowers, this is a wonderful piece of legislation. Democrats on this side of the aisle and all those parents who have some consciousness, let's feel that we can be responsible. Let's not micromanage. Let's have confidence in our districts and know that our administrators have the ability to work on enforcing what we're trying to do here. Thank you, Mr. Speaker."

Speaker Hartke

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

Black

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

Speaker Hartke

"Sponsor will yield."

Black

"Representative, the Bill that you so skillfully guided through the General Assembly and I was here when you did it about ten years ago. As I recall under your Bill a school principal, under the existing law, if a parent were to go to a school today and say, 'Look, because of my irregular schedule, my wife working odd hours, it is imperative that my child have a cell phone to call home to make sure grandmother is there to take care of her once she gets home.' As I read your original Bill, schools could always waive this requirement. Didn't your original Bill say, if a school authority, I don't remember the exact wording, wanted to allow a cell phone or a pager to be used by a student they could do so, even under the original Bill?"

Flowers

"You're correct."

Black

"Excuse me, just a minute."

Flowers

"Is your phone ringing, Sir?"

Black

"Yeah. I've asked you never to call me here. All right. 108 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 As far as I know it's against the law. No, don't call me here again, all right. I'm sorry. Mr. Speaker, if you want to talk to me, you can come out to the floor. All right, thank you. I'm sorry for that. I don't know why he does that. The point... Your point is well-taken. I'm not sure that you need to undo what you did. I think you always allowed for extenuating circumstances for someone to use a cell phone or a pager if there was a necessity to do so. My fear is that if you do away with your original Bill, and I thought it was well intended when you did it and I voted for it, is I think some schools are going to be inundated by just what I did, teaching a class, ring, ring. I think if there is a necessity for a student to have a cell phone, they could do so even under your original Bill. In other words, I like the tighter control that you put on it rather than just saying to each school, well, do your own thing. And in some schools, it would be... I mean it would just be bedlam, other schools would regulate it, I think, very carefully. And that may be the heart of your issue that local control will have to deal with it. But I always thought your original Bill made good sense and that you did allow for extenuating circumstances and I think that's still a pretty good idea."

Flowers

"Well, Representative, quite frankly, I understand exactly where you're coming from, but let me give you another hypothetical. Today, if a student were to wear a headset, you know, listen to his music... Are you listening to me, Representative?"

Black

"I'm sorry, the Speaker called me again. I'm sorry."

Flowers

"I understand, I understand. But see, that would not happen in the school, Representative, because the phones, I'm sure, that that teacher or that principal or whoever's 109 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 in charge of that school district, would put a sign up saying, 'No cell phones as far as ringing, in the school.' And right now, there's no different in walking to school with a headset, than it is walking to school with a telephone. As a matter of fact, some telephones are headsets because you can download music into the phones. So, my point to you, Sir, is that technology has involved (sic-evolved) in such a way that we should not be in the business of making criminals out of children and you would assume that all children would have a parent that would be able to write a note to the school or would be able to call the school and say, 'Under these circumstances I'm gonna need Johnny or Mary to have her cell phone.' But you are assuming that. But you know, Representative Black, may I say to you..."

Black

"Yes, you may."

Flowers

" ... that the children at Columbine, I'll never, never, never forget what one student said, 'I'm glad I had my cell phone because I was able to tell the police where the shooter was.' We have been very blessed here in this state, Sir, that we've not had a Columbine, we've not had a California or whatever goes on in these other schools in these other states. We've been very, very fortunate, but God forbid, that it occur, Sir, at a school in your district and some child might say, 'If I had my cell phone, maybe I could have saved Johnny's life, maybe I could have told the police where the shooter was.' You know, this is... We're just living in very different times, Sir, and when you're living in different times you have to do different things. In the 90s, I thought to prohibit the cell phones because of the drug use was a good thing, but times have changed. We have walkie-talkies when family 110 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 goes on trips; they have walkie-talkies to communicate with one another, to stay in touch. There are so many mothers, especially in light of forcing mothers, you know, to go to work now days, so many mothers who have latchkey kids at home have... some of these children have to go through the war zone just to get home. Did you make it safely? I just want to know. Did you make it to grandma's house okay? You would assume that grandma house would have a phone, but they don't, some of them do not. So, this is just another way of wanting to communicate, another way of keeping in contact and please remember, Sir, what I said to you before, telephones or the technology today, you don't have to necessarily ring the telephone, you can send text messages."

Black

"Mr. Speaker, I forgot what the question was. Could you run the tape back and refresh my memory? See, I'm gonna... before I leave here, I'm gonna find out if this is being videotaped or not."

Speaker Hartke

"Have you thought about calling her? Maybe she remembered the..."

Black

"I tried. I got a busy signal."

Speaker Hartke

"Okay."

Flowers

"And that's what happens... I'm so glad you mentioned that, Sir, because that's what happens a lot of times when you try to call the schools."

Black

"What?"

Flowers

"You get a busy signal."

Black

"Oh."

Flowers

"You get a busy signal or better yet, I challenge some of you to call your local school council or your local schools, I'm sorry, and a recorder will come on and tell you that you've reached the school of A, B and C. If you 111 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 want to talk to the principal, press 1; if you want to talk to the assistant principal, press 2; then if you want to talk to the counselor, press 3. Then you press 3; if you want to talk to Mr. Smith, press 1; if you want to talk to Mrs. Jones, press 2; if you want to talk to Mr. Johnson, press 4, da da da da. So, all I ever wanted to do, Sir, was to call the school, let them know that I will be running a little late or I will be sending someone there to pick up my daughter, but I was not able to get through because the tape had ran out or the recording just went on and on and on and by the time I got to the recording, I was at the school so therefore, there was no need for me to leave the message in the first place."

Black

"That is absolutely the best answer to a question I didn't ask I've ever heard, but I... Let me... and you know, and I don't really again, I think the Bill you passed ten years ago is fine. You had exceptions in it and now you're throwing it completely open. Now, in the meantime, we have required, required may be too strong a word, but I think most school districts have to have a safety plan in effect. And while your example of a cellular phone in the case of an outrageous event or tragedy is certainly valid, there is also in many parts of this state where 10, 12, 20 calls to 911 in a very short period of time can overload the 911 system. And that may prevent the very call from the principal, the security officer, or whoever is calling with actual information, from getting through. It's not unusual in rural communities where we don't have the luxury of 80 or 90 or 100 incoming lines. And sometimes I know 911 coordinators have indicated to me in the event of a disaster, like a tornado or something of that sort, the 911 system can actually become so overloaded that it just 112 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 crashes. And it's not inconceivable that that could happen in a rural school setting if something went seriously wrong and 20 or 30 cell phones... But you know, that's not the issue. I think the issue is what you're trying to do and I'm not sure I have any quarrel with it. But let me just ask you a question. In Chicago, for example, if your Bill is successful and you repeal what you did ten years earlier, who would make the decision in Chicago as to cell phones being able to be carried into schools? Would that be simply the province of Mr. Vallas and the board or would it be the province of each school council to rule on each school?"

Flowers

"I think either Mr. Vallas would either make that decision for all the schools or either Mr. Vallas would make the decision to allow each local school council to handle."

Black

"Okay, so he... See, I'm not familiar with your governance there."

Flowers

"Right."

Black

"So, he would have that authority..."

Flowers

"Yes."

Black

"...to speak for all of the schools in the Chicago public system..."

Flowers

"Absolutely."

Black

"...or could then delegate it to each local school council?"

Flowers

"Absolutely."

Black

"Okay. All right. Thank you very much."

Flowers

"My pleasure, Sir."

Speaker Hartke

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

Flowers

"Mr. Speaker, Ladies and Gentlemen of the House, you've 113 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 heard the debate and again, I can only reiterate that I'm thankful to God that we've never had a Columbine. I'm thankful that thus far we've not had a child to say, 'If only I had a cell phone.' This is... These are different times and this is a very good Bill. This is a Bill that would keep families in touch with one another and again, it's not a mandate. We would allow the schools or the school district to use whatever discretion they feel that's necessary. But what we're doing with this legislation is taking the punitiveness out of carrying cell phones to school. And I would urge your 'aye' vote. Thank you."

Speaker Hartke

"The question is, 'Shall the House pass House Bill 1004?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Have all voted who wish? Mr. Clerk, take the record. On House Bill 1004, there are 51 Members voting 'yes', 54 Members voting 'no', 8 Members voting 'present'. What is your pleasure? Representative Flowers."

Flowers

" ... Bill on Postponed Consideration."

Speaker Hartke

Speaker Hartke: "Mr. Clerk, place that Bill on Postponed Consideration. House Bill 2255, Representative Hoffman. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "House Bill 2255, a Bill for an Act concerning schools. Third Reading of this House Bill."

Speaker Hartke

"Representative Hoffman."

Hoffman

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2255 addresses inequities in the school construction program. Currently, our school construction program and the dollars that we provide to local school districts are divided into essentially four... divided into 114 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 four pots, whenever we decide who's going to get what money. First of all, let me say this, this does not affect any school construction money that goes to the City of Chicago, therefore, we're talking about the rest of the state. The rest of the state, the way we give out school construction grants, is essentially we assign a percentage, a percentage based on need and a percentage based on a variety of factors. The formula is contained in the school construction grant language that we passed, I believe, two or three years ago. Essentially, what we do is we determine whether a project is eligible, #1 and if it is eligible, what percentage of down... what percentage of the money we're going to provide from the state. And we assign these percentages with a grant index, ranging from 35% as the lowest to 75% as the highest. And the way we currently assign these dollars and the dollar amounts or the percentage amount is we divide school districts into three categories; elementary districts, secondary districts, and unit districts. What this has done is it has unfairly penalized unit districts simply by virtue of the fact and the way that those districts were historically organized. All this does is it says what we're going to do is we're going to treat school districts similarly and fairly and if it is a unit district, we're going to put... if it is an elementary school in a unit district or an elementary project, it'll be lumped in with the elementary districts when we assign the percentage. If it is a secondary project... construction project, it will be lumped in there with the secondary when we make the determination of what percentage the school construction money we're going to give. Basically, what has happened is we've seen a disparity in penalization of unit districts simply by 115 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 virtue of the fact that they were initially formed as unit districts. I ask for your support and a favorable roll call in order to provide equity in the school construction program."

Speaker Hartke

Speaker Hartke: "Is there any discussion? The Chair recognizes the Gentleman from Kendall, Mr. Cross."

Cross

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

Speaker Hartke

"Sponsor will yield."

Cross

"Jay, I'm not... I don't think I'm opposed to this and I... the only reason I'm... one of the main reasons I'm asking questions is I want to make sure everybody understands this, so maybe you can bear with us."

Hoffman

"Yes."

Cross

"Are you aware of any opposition from this Bill, Jay?"

Hoffman

"Nobody has indicated opposition. Now, let met tell you why I think there's no opposition. As a matter of fact, the unit school districts obviously, because it assists them, are in support and the Illinois State Board of Education is in support. There were no opposition slips put in front of us in committee. And here's why, I believe, is because we're holding harmless schools that are currently in the system. So, if you're in elementary or secondary district, you'll be able to choose the highest of the two under this Bill. In other words, if you already have a percentage assigned to you, this is gonna hold them harmless."

Cross

"So, with that argument, Jay... With that argument and that theory and again, I'm not asking questions 'cause I'm trying to oppose your Bill, I just want to make sure we're all clear on it. You're not diluting the construction bond program or the money in there at all? I mean, could you make an argument with this Bill that you're diluting or 116 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 taking away money from the construction bond program?"

Hoffman

"No, this Bill does not that, it's just how it's going to be disbursed after the year 2003. So, what we'll do is we will disperse the Bill or depending on what of type of a project it is. Currently, we assign percentages based on the type of school district you have. What this Bill will do is it'll take unit districts and it'll say if it's an elementary project, we'll assign a percentage in conjunction with all the elementary districts. If it's a secondary project, we will assign a percentage for that portion of the project by putting you in the same category as secondary districts. So, it just provides equity within the construction program. It does not dilute the construction program."

Cross

"If you have unit districts, then you're suggesting that if you have unit districts, you should definitely be for this Bill?"

Hoffman

"Well, if you have... I have a little bit of both and I've not heard from my elementary and secondary districts that they are against this Bill, as a matter of fact, I think they believe there should be equity in the system, also. However, we're holding them harmless if they're currently in the system. If you're a unit district and you have unit districts in your area, you should be 1000% for this Bill, no questions asked, 'cause it favors your district."

Cross

"Does this affect the Chicago schools or any of the Cook County schools in any negative or adverse way, Jay?"

Hoffman

"This has no effect on the Chicago school system. They already, off the top, get 20% of school construction dollars, that doesn't change."

Cross

"What about the schools outside of Cook... outside of the 117 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 City of Chicago within Cook County? How are they affected if at all?"

Hoffman

"It would be... They would be affected as the rest of the state is affected. They would be affected the same way the rest of the state is affected. In other words, the unit district depending on the type of project it'll be put in either with the elementary schools or the secondary schools."

Cross

"All right. I know, I think, there's going to be another person asking questions. Thanks for answering those, Jay."

Hoffman

"Thank you."

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

"The Sponsor indicates that he will yield."

Black

"Representative, forgive me if I... Sometimes the sheer number of things we're asked to read and we have to read them very quickly. It would appear to me that this Bill would be an advantage to unit districts and in the out years may be a disadvantage to dual districts. Would that be a fair statement?"

Hoffman

"Well, as far as the percentage that would be assigned in the out years what'll happen, I think, is unit districts will be treated more fairly with elementary and secondary districts and that their percentage of the elementary and secondary district could conceivably go down because now they're all in the same pool. So, I guess that would be fair, but I think it's still based on the criteria in each individual school district depending on the type of project, not the historic nature of how the school district was formed." 118 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Black

"Does it change the percentage, Jay, does it change the percentage that a... say three years out isn't there a change in the percentage of dollars that would be available to unit districts as currently exists?"

Hoffman

"No, it's my understanding the same construction pro... If we continue to fund the school construction program, which I anticipate that we will, that same amount of money will be available to be distributed to all the school districts who have eligible projects. And you still will receive between 35% and 75%. The only change, Representative, is how you... the percentage as to what you get is determined. Right now, the... because there are fewer elementary districts than unit districts and there are fewer secondary districts than unit districts, what happens is the unit districts have more people competing within their category when you assign a percentage. And therefore, as a general rule, the unit districts are not being treated equitably and are not receiving the same high percentage that elementary districts and secondary districts are receiving."

Black

"What would it do in the case of a consolidation? Would it move a consolidated high school... You're changing the base amount, are you not, from 35 to 50?"

Hoffman

"No. We're not changing that at all."

Black

"All right."

Hoffman

"We're only changing how that percentage is assigned."

Black

"All right. So, would a consolidated school district be able to maximize its participation in the school construction program under this Bill?"

Hoffman

"Yes."

Black

"So, if one of the districts in the consolidation was a dual district, the high school portion said, yes, we will 119 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 become a consolidated district, the high school district will join that consolidated unit; the grade school district, on the other hand, if I remember right, I think this scenario is possible, the grade school district decided not to join the consolidation. So, the grade..."

Hoffman

"I apologize. Are you talking about the consolidated into a unit district?"

Black

"Yes."

Hoffman

"Made themselves a unit district?"

Black

"Yes."

Hoffman

"This would be a positive for them."

Black

"All right. But if, and I think under current law, correct me if I'm wrong, in a consolidated vote if you had a dual district, the high school district may vote to join the consolidation; the elementary district may say, 'no we don't care to do that.' Now, under your Bill, I see a scenario say three years after the consolidation where the elementary district who didn't consolidate said we need to build a new building, more energy efficient, more in tune with our needs now that we don't feed into our old high school district. They apply for a grant and they could conceivably be told, gee, it's too bad you didn't do this a couple years ago, you could have gotten more money. The money, now, has been shifted toward the unit district and so your share of the pie has been reduced by 5%, 6%, whatever it might be. Would that be a likable scenario?"

Hoffman

"That would be, regardless of whether they chose to consolidate or were involved in any consolidation decision, that elementary district will be treated as all elementary districts are under the Bill, regardless of whether they decided not to consolidate."

Black

"Okay. So, you're not adding to the school construction 120 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 fund, but... What I'm having trouble grasping, Representative, it appears that of the pool of money available somehow you are creating an easier access for unit districts than currently exists? What am I not seeing here? I know you're not increasing the amount of money, so one could say you're not really denying anybody. But it appears to me that in a three-year period unit districts could be able to access a greater percentage of the construction dollars available than they can under the current law."

Hoffman

"I would say that generally, because of the inequity in the current system, where unit districts, because there's more of them, it's only a function of there being so many unit districts and only a hundred secondary districts and I don't know how many elementary, but fewer elementary districts. What we're saying is, we're gonna just treat them the same as elementary and secondary districts based on the type of project. So, I guess, some unit districts may not benefit under this, some will, but we're just saying it should... we should not be givin' out money, school construction money, based on how a district was historically formed. We should be givin' out on what type of project it is, because generally, high school districts they say a high school construction project generally will cost more than an elementary school project because you need more things to teach high school. So, we're saying, if you're a unit district and you're doing a high school project, you'll be thrown into the pot with the high school districts and a percentage..."

Black

"Okay."

Hoffman

" ... will be given. Maybe I'm..."

Black

"And I think that's a very..." 121 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Hoffman

"Maybe I'm misunderstanding."

Black

"Yeah. And I think that's a very key point. In other words, if I change... Well, I guess the bottom line... You're not changing the formula. You're not going to an enrollment driven formula. You're not changing an EAV formula. And you're not changing an old grant index formula. Correct?"

Hoffman

"Correct."

Black

"All right. Thank you very much."

Hoffman

"Right."

Speaker Hartke

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

Hoffman

"Well, thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a simple Bill. First of all, if you're from the City of Chicago, you represent the City of Chicago, this does not affect you. All this says is that we're going to treat school districts equitably based on a type of project that they're going to build under the school construction program. Currently, unit districts are being treated inequitably and we're saying that based on the project, not based on the historical nature of how your school district was formed, will determine what type of construction money you're going to get and percentage you're going to get. I believe that I know of no opposition to this Bill. The Illinois State Bar Association or Illinois State Board of Education is in favor of it, as well as various other school district organizations including LUDA and the unit school districts. I ask for an 'aye' vote."

Speaker Hartke

Speaker Hartke: "The question is, 'Shall the House pass House Bill 2255?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have 122 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 all voted who wish? Have all voted who wish? Have all voted who wish? There are still 5 people not voting. Have all voted who wish? Have all voted who wish? Mr. Clerk... Mr. Reitz, would you care to vote? Have all voted who wish? Mr. Clerk, take the record. On House Bill 2255, there were 99 Members voting 'yes', 12 Members voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, the last four hours we have passed 20 Bills and two on Postponed Consideration. If we want our Bills passed, we're going to have to maybe speed up that process just a little bit. Let's change the pace here just a little bit. Mr. Clerk, what is the status of House Bill 854, Mr. Beaubien's Bill?"

Rossi

"House Bill 854 is on the Order of House Bills-Third Reading."

Speaker Hartke

Speaker Hartke: "Place that Bill on the Order of Second Reading for the purpose of an Amendment. House Bill 27."

Rossi

"House Bill 27 is on the Order of House Bills-Third Reading."

Speaker Hartke

Speaker Hartke: "Place that Bill on the Order of Second Reading for the purpose of an Amendment. House Bill 2384, Representative Soto's Bill."

Rossi

Clerk Rossi: "House Bill 2384 is on the Order of House Bills-Third Reading."

Speaker Hartke

"Place that Bill on the Order of Second Reading for the purpose of an Amendment. House Bill 448, Representative Acevedo."

Rossi

"House Bill 448 is on the Order of House Bills-Third Reading."

Speaker Hartke

"Place that Bill on the Order of Second Reading for the purpose of an Amendment at the request of the 123 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Sponsor. House Bill 2276."

Rossi

Clerk Rossi: "House Bill 2276 is on the Order of House Bills-Third Reading."

Speaker Hartke

Speaker Hartke: "House Bill 1008. Place that Bill on the Order of Second Reading for the purpose of an Amendment. House Bill 1008."

Rossi

Clerk Rossi: "House Bill 1008 is on the Order of House Bills-Third Reading."

Speaker Hartke

"Place that Bill on the Order of Second Reading for the purpose of an Amendment. House Bill 1776."

Rossi

Clerk Rossi: "House Bill 1776 is on the Order of House Bills-Third Reading."

Speaker Hartke

"Place that Bill on the Order of Second Reading for the purpose of an Amendment. House Bill 1033."

Rossi

Clerk Rossi: "House Bill 1033 is on the Order of House Bills-Second Reading."

Speaker Hartke

"Place that Bill on the Order of Second Reading. Is it there already? Okay, thank you. The Chair recognizes Representative Moore for a Motion. Representative Moore moves to table House Bill 942. No? Representative Moore, for what reason do you seek recognition?"

Moore

"Thank you, Mr. Speaker. With leave of the Body, I would move to recommit to Rules House Bill 1991 and House Bill 942. I do not intend to call these Bills that are on Third Reading."

Speaker Hartke

Speaker Hartke: "You've heard the Lady's Motion. All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion is adopted. The Chair recognizes Representative Holbrook for an announcement. Representative Holbrook."

Holbrook

"Thank you. The Tourism Committee will meet tomorrow 124 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 at 8:30 a.m. in Room C-1. It is not on the Calendar. If you're on Tourism, we'll be meeting at 8:30 a.m. We're going to be taking testimony only from DCCA on their tourism programs. They were able to make it this week. Thank you."

Speaker Hartke

"Which room?"

Holbrook

"C-1."

Speaker Hartke

"Ladies and Gentlemen, it's our intention this evening to work until about 7:00. We'd like to go the Order now of Second Reading and move Bills from Second to Third. If you have Amendments all ready and they've been approved for consideration, please be prepared to present your Amendments. Representative Turner in the Chair." Speaker Turner, A.: "On the Order of Second Readings we have House Bill #1, Representative Hoffman. Read the Bill, Mr. Clerk. Mr. Hoffman."

Rossi

Clerk Rossi: "House Bill 1 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Take it out of the record. House Bill 5. On the Order of Second Readings we have House Bill #9, Representative Parke. Read the Bill, Mr. Clerk."

Rossi

"House Bill 9, a Bill for an Act amending the Unified Code of Corrections. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 16, Representative Granberg. Out of the record. House Bill 26, Representative Black. Out of the record. House Bill 30, Representative Brunsvold. Read the Bill, Mr. Clerk."

Rossi

"House Bill 30, a Bill for an Act amending the 125 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Workers' Compensation Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Poe, on House Bill 36. Out of the record. Representative Meyer, on House Bill 41. Out of the record. Representative Burke, on House Bill 47. Out of the record. Representative Parke, on House Bill 50. Read the Bill, Mr. Clerk."

Rossi

"House Bill 50, a Bill for an Act concerning tobacco settlement proceeds. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 58, Representative Parke. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 58, a Bill for an Act amending the Illinois Income Tax Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 84, Representative Lang. Representative Lang. Lou Lang. Out of the record. Representative Lang, on House Bill 86. Out of the record. Representative Schoenberg, on House Bill 128. Out of the record. 131, Rep... Out of the record. Representative Black, on House Bill 144. Out of the record. Representative Turner, on House Bill 151. John Turner. Out of the record. Representative Dart, on House Bill 158. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 158 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 163, Representative Jones. John Jones. Out of the record. 126 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 House Bill 166, Representative Black. Out of the record. House Bill 173, Representative Brunsvold. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk."

Rossi

"House Bill 173, a Bill for an Act concerning conservation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 176, Representative Hoffman. Out of the record. House Bill 183, Representative Beaubien. Read the Bill, Mr. Clerk."

Rossi

"House Bill 183, a Bill for an Act regarding taxes. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Parke, on House Bill 207. Read the Bill, Mr. Clerk. A fiscal note has been requested. Take the Bill out of the record. House Bill 221, Representative Mathias. Read the Bill."

Rossi

"House Bill 221, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 223, Representative Dart. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 223, a Bill for an Act concerning taxation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 225, Representative O'Connor. Out of the record. House Bill 127 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 230, Representative Righter. Representative Righter, on House Bill 230. Out of the record. House Bill 231, Representative O'Connor. Out of the record. House Bill 236, Representative Flowers. Out of the record. House Bill 241, Representative Flowers. Read the Bill, Mr. Clerk."

Rossi

"House Bill 241, a Bill..." Speaker Turner, A.: "Out of the record. The Sponsor wishes to have the Bill taken out of the record. House Bill 253, Representative Curry. Julie Curry. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 253, a Bill for an Act with regard to schools. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Mr. Clerk, go back to House Bill 241. Representative Flowers. Read the Bill, Mr. Clerk."

Rossi

"House Bill 241, a Bill for an Act concerning health services. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 267, Representative Poe. Read the Bill, Mr. Clerk."

Rossi

"House Bill 267, a Bill for an Act in relation to public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 268, Representative Monique Davis. Read the Bill, Mr. Clerk. Out of the record. Fiscal note has been requested, just filed. House Bill 269, Representative Wojcik. Read the 128 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 269, a Bill for an Act in relation to alcoholic liquor. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 282, Representative Garrett. Out of the record. The Lady from Cook, Representative Davis. For what reason do you rise? House Bill 294, Representative Beaubien. Representative Beaubien. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 294, a Bill for an Act concerning vehicles. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 296, Representative Garrett. Read the Bill, Mr. Clerk."

Rossi

"House Bill 296, a Bill for an Act concerning taxes. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 305, Representative Righter. Out of the record. House Bill 306, Representative Dart. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 306, a Bill for an Act concerning military forces. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 334, Representative Hoffman. Hoffman. Hoffman. Hoffman. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 334, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee 129 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 375, Representative Ryder. Out of the record. House Bill 389, Representative Johnson. Out of the record. House Bill 390, Representative Johnson. Read the Bill, Mr. Clerk."

Rossi

"House Bill 390, a Bill for an Act concerning forest preserve districts. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 397, Representative Fritchey. Out of the record. House Bill 400. Read the Bill, Mr. Clerk."

Rossi

"House Bill 400 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Fritchey, has been approved for consideration." Speaker Turner, A.: "Representative Fritchey, on Amendment #1."

Fritchey

"Mr. Speaker, I would like to table Amendment 1 and move Amendment 2." Speaker Turner, A.: "The Gentleman wishes to withdraw Amendment #1 and..."

Rossi

Clerk Rossi: "Floor Amendment #2, offered by Representative Fritchey, has been approved for consideration." Speaker Turner, A.: "Representative Fritchey, on Amendment #2."

Fritchey

"Thank you, Speaker, Members of this Body. Floor Amendment 2 to House Bill 400 simply is some language changes... tightens up one of the paragraphs. I request that it be adopted and we can debate the whole Bill on Third Reading." Speaker Turner, A.: "The Gentleman asks that we adopt Amendment #1. All those in favor say 'aye'; all those... Amendment 130 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 #2. All those in favor say 'aye'; all those opposed say... The Gentleman from Cook, Representative Parke. For what re..."

Parke

"Yes, I had a question on that and I... Mr. Speaker, I had my light on. Because I didn't understand what the speaker... what the proposal or Amendment #2 said about it. Could he repeat it again? I had trouble understanding it." Speaker Turner, A.: "Representative Fritchey."

Fritchey

"Representative, I didn't hear what you said."

Parke

"Could you explain that Amendment one more time? I don't understand what you said, because it's so noisy."

Fritchey

"Amendment 2 simply makes some minor changes in the wording to one provision of the Bill to tighten it up, at the request of some Members on your side of the aisle, that were brought up in committee."

Parke

"Was there anybody opposed to that Amendment?"

Fritchey

"No. No, there was not."

Parke

"Thank you very much."

Fritchey

"Thank you." Speaker Turner, A.: "The Gentleman moves that we adopt Amendment #2. The Lady from Cook, Representative Davis." Davis, M.: "Thank you, Mr. Speaker. When you called House Bill 268, you said a fiscal note had been added. I have an Amendment to be added to that Bill." Speaker Turner, A.: "Representative, we'll come back to that Bill..." Davis, M.: "Thank you very much." Speaker Turner, A.: "...and deal with it in a minute. Okay. The Gentleman moves for the adoption of Amendment #2. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment #2 is adopted. Mr. Clerk, further Amendments?" 131 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Rossi

"No further Amendments." Speaker Turner, A.: "Third Reading. Representative Davis, for what reason do you rise now?" Davis, M.: "268." Speaker Turner, A.: "On 268, a fiscal note has been filed, a request." Davis, M.: "So, I have an Amendment. I have an Amendment that I would like to put on the Bill. And I think it would remove the necessity for a fiscal note." Speaker Turner, A.: "It may not necessarily change that, but you are still entitled to file your Amendment. Has the Amendment been filed, already?" Davis, M.: "Yes, it has." Speaker Turner, A.: "We will... It's probably in Rules. And once Rules..."

Davis

"Okay." Speaker Turner, A.: "...addresses it, then we will deal with it." Davis, M.: "Thank you." Speaker Turner, A.: "House Bill 426, Representative Hoffman. Hoffman. Read... Out of the record. House Bill 438, Representative Saviano. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 438 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. Floor Amendment #2, offered by Representative Saviano, has been approved for consideration." Speaker Turner, A.: "Representative Saviano on Amendment #2."

Saviano

"Thank you, Mr. Speaker and Members of the House. Floor Amendment #2 to House Bill 438 is a technical Amendment which removes language, which was boilerplate language, that was put into this Bill in the original Amendment. And this is simply taking it out. This would make the Bill an 132 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Agreed Bill. Thank you." Speaker Turner, A.: "The Gentleman from Kane, Representative Schmitz. Representative Schmitz. Your light is on. The Gentleman moves that we adopt Amendment #2 to House Bill 438. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment #2 is adopted. Further Amendments?"

Rossi

"No further Amendments." Speaker Turner, A.: "Third Reading. Representative Holbrook, on House Bill 440. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 440, a Bill for an Act concerning taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 445, Representative Kosel. Read the Bill."

Rossi

Clerk Rossi: "House Bill 445 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. Floor Amendment #3, offered by Representative Kosel, has been approved for consideration." Speaker Turner, A.: "The Lady from Will, Representative Kosel, on Floor Amendment #3."

Kosel

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would ask that Floor Amendment #3 be withdrawn from consideration." Speaker Turner, A.: "The Lady asks leave to withdraw Amendment #3. The leave is granted. Represen... Mr. Clerk, further Amendments?"

Rossi

Clerk Rossi: "Floor Amendment #4, offered by Representative Kosel, has been approved for consideration." Speaker Turner, A.: "The Lady from Will, Representative Kosel, on Amendment #4."

Kosel

"Thank you, Mr. Speaker. I would ask for the adoption of 133 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Floor Amendment #4, which alleviates some unintended consequences from the Bill and would improve the Bill." Speaker Turner, A.: "The Lady moves for the adoption of Floor Amendment #4. All in favor should say 'aye'; all opposed say 'no'. And Amendment #4 is adopted. Further Amendments?"

Rossi

"No further Amendments." Speaker Turner, A.: "Third Reading. Representative Wirsing, on House Bill 446. Out of the record. House Bill 452, Representative Lyons. Representative Lyons. Eileen. Out of the record. House Bill 479, Representative Younge. Out of the record. House Bill 505, Representative Scott. Out of the record. House Bill 506, Representative Dart. Out of the record. House Bill 509, Representative Biggins. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 509, a Bill for an Act concerning taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 512, Representative Turner. On House Bill 512. Out of the record. House Bill 452. Mr. Clerk, read the Bill."

Bolin

"House Bill 452, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 513, Representative Smith. Read the Bill, Mr. Clerk."

Bolin

"House Bill 513, a Bill for an Act to amend the Illinois Pension Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 521, 134 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Representative May. Representative May. Out of the record. Representative Mautino, on House Bill 524. Out of the record. Representative Novak, on House Bill 538. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 538, a Bill for an Act in relation to taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Novak, on House Bill 539. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 539, a Bill for an Act concerning taxation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Righter, on House Bill 542. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 542, a Bill for an Act to amend the Firearm Owners Identification Card Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 544, Representative Righter. Representative Righter. Out of the record. Representative Mitchell, on House Bill 546. Read the Bill. Oh, Bill Mitchell, I'm sorry. Out of the record. House Bill 570, Representative Franks. Out of the record. House Bill 573, no... House Bill 579, Representative O'Connor. Representative O'Connor. Out of the record. Representative... 580. Out of the record. Representative Lang, on House Bill 582. Out of the record. Representative Lang, on 591. Out of the record. 593. Out of the record. 596. Out of the record. Representative Dart, on House... 599. Out of the record. Representative John Jones, on House Bill 618. John Jones. Out of the 135 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 record. Representative Fowler, on House Bill 629. Out of the record. Fiscal notes have been requested. Representative Coulson, on House Bill 632. Out of the record. Representative O'Brien, on 633. Out of the record. Representative Lindner, on House Bill 646. Out of the record. Representative McGuire, on 659. Jack McGuire. Read the Bill, Mr. Clerk, 659."

Bolin

Clerk Bolin: "House Bill 659, a Bill for an Act in relation to long-term care planning. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative McGuire, 661. Read the Bill, Mr. Clerk."

Bolin

"House Bill 661, a Bill for an Act concerning vaccinations and health facilities. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Ryder, on House Bill 376. Read the Bill, Mr. Clerk, 376."

Bolin

Clerk Bolin: "House Bill 376, a Bill for an Act concerning executions. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Ryder, has been approved for consideration." Speaker Turner, A.: "The Gentleman from Jersey, Representative Ryder, on Amendment #1."

Ryder

"Thank you, Mr. Speaker. Floor Amendment #1 is a direct response to the request of Members of the committee. The purpose of the Bill is to remove the requirement that physicians be required to attend and certify death at executions. The committee recommended that we substitute the word 'coroner'. We have substituted the words 'nonphysician coroner' in this Amendment. And I would ask 136 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 for its passage." Speaker Turner, A.: "The Gentleman moves for the adoption of Amendment #1. All those in favor say 'aye'; all those opposed say 'no'. The 'ayes' have it, and Amendment #1 is adopted. Further Amendments?"

Bolin

"No further Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Durkin, on House Bill 671. Out of the record. Representative Novak, on 681. Read the Bill, Mr. Clerk. 681."

Bolin

"House Bill 681, a Bill for an Act concerning factory built housing. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 704, Representative Franks. Read the Bill, Mr. Clerk."

Bolin

"House Bill 704, a Bill for an Act in relation to taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Durkin, on House Bill 708. Read the Bill, Mr. Clerk."

Bolin

"House Bill 708, a Bill for an Act to revise the law by combining multiple enactments and making technical corrections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Osmond, on House Bill... Out of the record. The Gentleman from Vermilion, Representative Black. For what reason do you rise?"

Black

"Yes, Mr. Speaker, would you do me a favor?" Speaker Turner, A.: "Yes, Sir."

Black

"Would you remind freshman Legislators, like 137 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Representative Brady, who's up in the gallery, that when we're on the Third Reading, we'd really like them to be on the floor at their desk." Speaker Turner, A.: "Representative Brady..."

Black

"I think he managed to sneak out when he heard his name mentioned. He'll come in at the appropriate time." Speaker Turner, A.: "No question about it. The Gentleman... I should say... On the Order of Second Reading, we have House Bill 714. Representative Lyons. Eileen Lyons. 714. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 714, a Bill for an Act in relation to public aid." Speaker Turner, A.: "Welcome back, Representative Brady."

Bolin

"Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Schoenberg, on House Bill 728. Jeff. Read the Bill, Mr. Clerk. 728, I'm sorry."

Bolin

Clerk Bolin: "House Bill 728, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. I'd like to remind the Membership that we're going straight down the Calendar and if you would just look at the order, you'll know when we get there. So, if you just follow the Calendar, you'll know when your name is being called. We can move this process right along. House Bill 729, Representative Schoenberg. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 729, a Bill for an Act in relation to governmental ethics. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions 138 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 filed." Speaker Turner, A.: "Third Reading. Representative Schoenberg, on House Bill 734. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 734, a Bill for an Act concerning state finance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Mautino, on House Bill 742. Out of the Record. Representative Howard, on House Bill 762. Representative Howard. Connie. Out of the record. Representative Black, on House Bill 770. Out of the record. Representative Cross, on House Bill 776. Out of the record. Representative Slone, on House Bill 604. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 604. The Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Slone, has been approved for consideration." Speaker Turner, A.: "Representative Slone, on Amendment #2, the Lady from Peoria."

Slone

"Thank you, Mr. Speaker, Ladies and Gentlemen. Amendment #... Floor Amendment #2 would accommodate the Environmental Protection Agency by placing sunset provision on the legislation. It would put a five-year sunset on the Bill. And I would appreciate your favorable consideration. Thank you." Speaker Turner, A.: "The Gentleman from Logan, Representative Turner. For what reason do you rise?" Turner, J.: "Mr. Speaker, I had a question for the Sponsor." Speaker Turner, A.: "The Lady says she'll yield." Turner, J.: "Representative, just one question. Does the Amendment take the opposition away from your legislation?"

Slone

"It takes... It really deals with the concern of the 139 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 agency, Mr. Turner. I think there is still opposition to the Bill. This is a process that's been in existence for a number of years, and it does broaden out some of the criteria that the agency would use in deciding on sewer expansions." Turner, J.: "As you know, we all follow our analysis fairly closely. Mine says... My analysis says that the Illinois Chamber is opposed, Chemical Industry Council is opposed, St. Louis Regional Chamber and Growth Association is opposed, and the Illinois Manufacturers' Association is opposed. Do you believe that to be incorrect?"

Slone

"Yes, I think all of those... all of those organizations did file in opposition, but they filed record of appearance only, they did not testify. So, I'm not sure what the nature of their objection is." Turner, J.: "Okay. To your knowledge then, the Amendment really does not take away their opposition? And so when the Bill comes to Third..."

Slone

"Not to my knowledge, no. The purpose of the Amendment is to deal with concern that the agency had, with regard to the broadening of their responsibilities, under this legislation." Turner, J.: "All right, so..."

Slone

"The legislation arises out of the work of the growth task force and the recommendations of its working groups." Turner, J.: "Well... The EPA was opposed prior to your Amendment, then?"

Slone

"The EPA would like, in the middle term, to be not having to do this process, I think it would be fair to say. They are willing to continue with this. They're willing to broaden it out until we have other mechanisms in place. But they wanted to be sure that there would be a limit to 140 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 how many years they would have the obligation to continue this type of work." Turner, J.: "Thank you, Representative."

Slone

"You're welcome." Speaker Turner, A.: "The Gentleman from Vermilion, Representative Black. For what reason do you rise?"

Black

"Yes, will the Sponsor of the Amendment yield, Mr. Speaker?" Speaker Turner, A.: "She indicates she will."

Black

"Thank you. Representative, have you worked out the appropriation language for the Bill?"

Slone

"Not in detail, Mr. Black. Depending on if the Bill passes, we have assured the agency that we'll certainly seek appropriate levels of funding for their additional needs to put this into practice, yes."

Black

"The reason I ask the question, the file indicates that you had agreed to hold the Bill on Second, pending some resolution of the appropriation language."

Slone

"Right. I have, at this point, more than one appropriation estimate from the agency. I wo... We're going to make every effort to accommodate any reasonable request that they may have."

Black

"You have more than one estimate for the appropriation? What'd you do, have a wreck with the Bill? And how many estimates do you have to get?"

Slone

"The one..."

Black

"Three?"

Slone

"...that I have in hand shows an additional cost to the agency of two additional staff members, $120,000. I feel confident that we can get them." Black "Two additional staff members at $120,000?"

Slone

"For two." 141 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Black

"For two?"

Slone

"Yeah."

Black

"Talk to you about whether you and I are in the right business."

Slone

"It's a good question."

Black

"But you're still working on the appropriation language?"

Slone

"Yes."

Black

"Would you work with our committee spokesperson, prior to Third? I mean, I'm not going to hold you to the... If you've worked on the appropriation, that's fine, you said you would do that. But before you call the Bill, could you at least bring our spokesperson up to date on what the appropriation may be, what you may have finally agreed upon?"

Slone

"Certainly."

Black

"I'd appreciate that."

Slone

"Absolutely."

Black

"Thank you."

Slone

"Thank you." Speaker Turner, A.: "Seeing no further questions, the question is, 'Shall Amendment #2 be adopted?' All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, Amendment #... In the opinion of the Chair, the 'ayes' have it, and Amendment #2 is adopted. The Lady requests to hold the Bill on Second Reading. Are there any other Amendments?"

Bolin

"No further Amendments. No Motions filed." Speaker Turner, A.: "The Bill will remain on Second. House Bill 778, Representative Joe Lyons. Out of the record. House Bill 800, Representative Mautino. Representative Mautino. Out of the record. House Bill 811, Representative Hoffman. 811. Read the Bill, Mr. Clerk." 142 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Bolin

"House Bill 811, a Bill for an Act in relation to contracts. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 831, Representative O'Connor. Representative O'Connor. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 831, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 858, Representative Saviano. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 858, a Bill for an Act in relation to counseling. Second Reading of this Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Scully, on House Bill 868. Out of the record. Out of the record. Representative Mathias, on House Bill 904. Out of the record. Representative Mathias, on 906. Out of the record. Representative Hamos, on 909. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 909, a Bill for an Act concerning procurement. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hamos, has been approved for consideration." Speaker Turner, A.: "The Lady from Cook, Representative Hamos, on Amendment #1."

Hamos

"Thank you, Mr. Speaker and Ladies and Gentlemen. This is an issue that has to do with Illinois FIRST funded construction projects. What our Bill tries to do is to 143 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 make these construction projects available... information about them available to, especially, new people in the construction industry who might be minorities and women, but also others who don't know the ins and outs of how to find these jobs. Our Bill, as I will discuss on Third Reading, will actually post them in certain strategic locations, including the Internet. What this Amendment does is the three things that I promised in committee that we would do. The first is to respond to a concern by the state, the Illinois Department of Employment Security, who wanted to provide information via the Internet, but wanted us to use an available Website, instead of having to create a new one. Second of all, we're responding to the concerns of the Construction Contractors Association that wanted to make sure that if people went on the job site to get information directly there, that they would not be, for example, on a highway project, be walking along side the road. So, all we provide here is that it has... the information has to be available, but at the office or trailer where site business is conducted. And thirdly, again we're responding to the issues of the construction contractors, that we want information from them monthly, as to the utilization of workers, but it would be best if they could use one form, the state would develop one form that would make that available. And I ask for your favorable consideration." Speaker Turner, A.: "The Gentleman from Cook, Representative Parke."

Parke

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

Parke

"Representative, when you presented this in committee, did anybody oppose it?" 144 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Hamos

"No one opposed it. The Construction Contractors Association did step forward and raise some concerns. And we indicated, at the time, that we felt that we could meet their concerns and we have tried to do that in these Amendments... in this one Amendment."

Parke

"Did they say that this Amendment #1 is okay with them, do they sign off on Amendment #1 now?"

Hamos

"I don't know."

Parke

"Now, did you say that there's some... did I... maybe I misunderstood, are there some set-asides on this?"

Hamos

"No, there are no set-asides. It's really an information Bill. We call it the job opportunities initiative. And it's really about making Illinois FIRST funded construction projects, the larger ones, $1 million or more, for it to have the contractor provide information about what jobs would be available, when and to how to apply for them, and to make that available through certain locations."

Parke

"How does he make this information available?"

Hamos

"Well, Representative Parke, this will be the Third Reading discussion. I'd be happy to get into it now, but this Amendment..."

Parke

"This is not on the Amendment?"

Hamos

"No."

Parke

"Why'd you bring that up?"

Hamos

"Well, I was trying to give context to the Amendment."

Parke

"Oh."

Hamos

"The Amendment is just dealing with three concerns that were raised in committee. I promised that we would deal with them, and we have tried to deal with them."

Parke

"Is there... Can you highlight just one thing on that Amendment that you've tried to address, whoever that is, is that the road construction industry..." 145 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Hamos

"Yes."

Parke

"...that you're addressing then? What did you do for them that they wanted?"

Hamos

"Well, there were really two issues that they raised. One is that we wanted information about available jobs to be offered at the job site, itself. This is where people tend to go when they want a job in the construction business."

Parke

"So, they just post it on a board somewhere?"

Hamos

"Well, yes. What the construction industry representative indicated to us, that we agreed with, is that, if it's a highway project, people should not be walking along side the highway trying to get job information. So, we..."

Parke

"I agree."

Hamos

"...narrowed this, very clearly, to the job site at an office or trailer where site business is conducted."

Parke

"That makes more sense to me."

Hamos

"Okay."

Parke

"So, that's where... Now, what happens if they don't post it?"

Hamos

"We don't have penalties in this Bill. What we are hoping for is proactive adherence with the goals of this Bill."

Parke

"So, you believe this Amendment makes the underlying Bill more acceptable?"

Hamos

"I do."

Parke

"Thank you." Speaker Turner, A.: "The Lady from DuPage, Representative Cowlishaw."

Cowlishaw

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

Cowlishaw

"Does this Bill have something to do with the Procurement Code?" 146 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Hamos

"It is an Amendment to the Procurement Code, but doesn't change any procurement policies, at all."

Cowlishaw

"It does amend the Procurement Code."

Hamos

"It does."

Cowlishaw

"Representative, I had a Bill, House Bill 218, which proposed to amend the Procurement Code with a procedure that has been used in the State of Pennsylvania, as well as other states, but primarily in Pennsylvania, that has proved to save that state's government several million dollars a year, which it can then use for other purposes other than, simply, the purchase of various kinds of merchandise and paper towels and other things that states buy in large amounts. I was told by someone on your side of the aisle that no Bill that amends the Procurement Code would be permitted to be acted upon by this House during this spring Session. I was a little disappointed to hear that. Apparently, from what I was told, there is not any real interest in trying to save the State of Illinois some money, which we could then use for any one of truly worthy things that our state is attempting to do for its people who really need our help. But now, miracle upon miracles, here comes a Bill, about to move to Third Reading, that amends the Procurement Code. I find that very interesting. As a matter of fact, apparently, the business of not trying to save the state any money, killing a Bill in committee simply because it is said, it amends the Procurement Code, and we're not having any of that this Session. Apparently, it's only the Republican Bills that we kill in the committees. And since you are a Democrat, and you Sponsored this Bill, it comes out of committee. How many millions of dollars do you estimate that this Amendment will save the State of Illinois in the first year?" 147 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Hamos

"Was that your question, Representative?"

Cowlishaw

"My question is, how much money do you estimate this Bill will save the state in the first year?"

Hamos

"My Bill is not about, as a primary goal, saving money. What my Bill is trying to do is to create job opportunities for a lot of people who are potentially very interested in what is a very lucrative and important job market, job sector. And that's the construction industry."

Cowlishaw

"Well, that is a very worthwhile goal, Representative. And I think that, perhaps, you might agree, even if some of your colleagues do not, that trying to save the state some money would also be a rather worthy goal. Consequently, to the Amendment, Mr. Speaker. If we're not going to deal with any procurement issues in this spring Session, then that should be the rule for everyone, not just for those people whose political party happens to be in the Minority. And, Mr. Speaker, I would ask for a Roll Call recorded vote on this Amendment. Thank you." Speaker Turner, A.: "The Gentleman from Vermilion, Representative Black. For what reason do you rise?"

Black

"Yes, Mr. Speaker, when did I move? You said the Gentleman from DuPage. I don't have a visa. I can't even visit up there, let alone live there." Speaker Turner, A.: "There's a few extra people around there, if you need some."

Black

"Oh, okay. I need several thousand, but that's another story. Mr. Speaker, I simply rise in support of Representative Cowlishaw's point. I think her point is well-taken. There seems to be... we seem to be reverting back about eight and a half years in this chamber. It's do as I say, not as I do. There will be no Bills on the Procurement Code, but this one's okay, but her Bill wasn't. 148 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 So, I simply join to reinforce her call for a verified record Roll Call vote. And should the Motion get enough votes to pass, I will request a verification." Speaker Turner, A.: "The Lady from Cook, Representative Hamos, to close."

Hamos

"Well, I'm really sorry I'm amending the Procurement Code. We might have picked another code to amend. And I do ask for your favorable support. This is really about job opportunities. It's about job opportunities in an important sector that we are subsidizing through Illinois FIRST. The Amendment really improves the Bill and was done at the request of people who came to the committee. And I ask for your support." Speaker Turner, A.: "The question is, 'Shall Amendment #1 pass?' And the Clerk will take the... Shall the Amendment be adopted? All in favor should vote 'aye'; all those opposed vote 'no'. And the voting is now open. I ask that each Member vote his or her own switch. There has been a request for a verification. So, please vote your own switch. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this Amendment, there are 63 'ayes', 47 'nays', 0 'noes', and 8 'presents'. And Representative Black."

Black

"Thank you very much, Mr. Speaker. I don't think I'll draw this out any more than we've already done today. It's obvious many people on your side of the aisle are missing. Some, I think, are missing on my side of the aisle. Mr. Speaker, let it reflect very clearly, this vote does not reflect on the merits of the Amendment nor the Sponsor. What it does reflect, and I join with Representative Cowlishaw, we simply ask that if you're going to have a rule, it apply equally to both sides of the aisle. Now, 149 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 when we're told none of our Bills on the Procurement Code can be voted out of committee, we're not in a position to do anything but say, well, okay. But we were told no exceptions, no procurement Bills will be voted out of committee. Now, what's fair for us should be fair for you. And that's all we're asking here. And if this is going to continue, if we're going to revert back to the way this chamber was run in 1991 and 1992, I'll tell you this, I don't have any place to go, I'm an old man, I'll stay here all night, but by God, I'll verify every vote if you're not going to treat us fairly. Now, if you want to go back nine years, that's fine with me, bring it on. And I'll withdraw my request for a verification this time, but don't expect the same treatment henceforth forever more. And quote the raven, whatever." Speaker Turner, A.: "The Gentleman withdraws his verification. House... the Amendment #1, having received 63 'ayes', 47 'nays', shall pass. Shall be adopted. Further Amendments, Mr. Clerk?"

Bolin

"No further Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. The Lady from Cook, Representative Hamos, on House Bill 911. Read the Bill, Mr. Clerk."

Bolin

"House Bill 911..." Speaker Turner, A.: "Out of the record. Representative Pankau, on House Bill 921. Read the Bill, Mr. Clerk. 921."

Bolin

"House Bill 921, a Bill for an Act concerning the regulation of professions. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Pankau, has been approved for consideration." Speaker Turner, A.: "The Lady from DuPage, Representative Pankau, 150 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 on Amendment #2."

Pankau

"Thank you, Mr. Chairman. I move to table Committee Amendment #1 and to approve Floor Amendment #2. We thought we adopted Floor Amendment #2 in committee and through a clerical error, LIS picked up the wrong Amendment, and so the wrong Amendment was put on the computer system. So, in able to straighten everything out, we need to table Committee Amendment #1 and to adopt Floor Amendment #2. And I ask for your approval." Speaker Turner, A.: "Representative, we're going to take your Bill out of the record, for the moment, to bring some clarity to the situation. House Bill 922, Representative Durkin. Out of the record. House Bill 927, Representative Winkel. Out of the record. House Bill 929, Representative Hoffman. Out of the record. House Bill 932, Representative Bradley. Read the Bill, Mr. Clerk."

Bolin

"House Bill 932, a Bill for an Act concerning vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 934, Representative Acevedo. Out of the record. House Bill 942, Representative Moore. Out of the record. House Bill 975, Representative Hoffman. Out of the record. House Bill 977, Representative Bassi. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 977, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 982, Representative Osterman. Out of the record. House Bill 984, Representative Novak. Read the Bill, Mr. Clerk."

Bolin

"House Bill 984, a Bill for an Act concerning 151 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 environmental protection. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1006, Representative Righter. Out of the record. House Bill 1014, Representative Scott. Out of the record. House Bill 1016, Representative Franks. Out of the record. House Bill 1021, Representative Feigenholtz. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1021, a Bill for an Act in relation to health care surrogates. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1028, Representative Currie. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1028, a Bill for an Act in relation to minors. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1033, Representative Tenhouse. Out of the record. House Bill 1039, Representative Brunsvold. Out of the record. House Bill 1046, Representative Scully. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1046, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Scully, has been approved for consideration." Speaker Turner, A.: "Representative Scully, on Amendment #1."

Scully

"Thank you, Mr. Speaker. This Bill is a computer lemon law to, basically, apply the same standards that currently exist for automobile lemons to the purchase of computers. Amendment #1 was a request of the Illinois Retail Merchants 152 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Association to specify that certain disclosure requirements under the Bill, are disclosures imposed upon the manufacturer, not the retailer. I ask for your favorable consideration." Speaker Turner, A.: "The Gentleman moves for the adoption of Amendment #1. All those in favor should 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment #1 is adopted. Further Amendments?"

Bolin

"No further Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1050, Representative Miller. Out of the record. House Bill 1064, Representative Stroger. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1064, a Bill for an Act in relation to public employee benefits. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1066, Representative O'Brien. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1066, a Bill for an Act in relation to child custody. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1070, Representative Lindner. Out of the record. House Bill 1006, Representative Righter. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1006, a Bill for an Act in relation to timber. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1091, Representative John Jones. Out of the record. House Bill 1094, Representative Novak. Read the Bill, Mr. Clerk." 153 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Bolin

"House Bill 1094, a Bill for an Act regarding taxes. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1099, Representative Davis. Monique Davis. Read the Bill, Mr. Clerk. Out of the record, Mr. Clerk. House Bill 1700, Representative Kenner. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1700, a Bill for an Act in relation to taxes. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1691, Representative Osterman. Out of the record. House Bill 1704, Representative McCarthy. Out of the record. House Bill 1717, Representative Miller. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1717, a Bill for an Act in relation to children's health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1732, Representative Bill Mitchell. Out of the record. House Bill 1741, Representative Osterman. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1741, a Bill for an Act concerning schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed. Several notes have been requested on the Bill, and those notes have not been filed." Speaker Turner, A.: "The Bill will remain on Second. House Bill 1750, Representative Holbrook. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1750, a Bill for an Act making 154 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 appropriations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1765, Representative Bugielski. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1765, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1784, Representative Boland. Out of the record. House Bill 1786, Representative Reitz. Out of the record. House Bill 1805, Representative McCarthy. 1805. Out of the record. House Bill 1807, Representative Feigenholtz. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1807, a Bill for an Act in relation to health. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Feigenholtz, has been approved for consideration." Speaker Turner, A.: "Representative Feigenholtz, on Amendment #1."

Feigenholtz

"Thank you very much, Mr. Speaker. The Amendment deletes six of thirteen diseases that were listed, in definition, of at-risk overweight. The eliminated diseases are gallbladder disease, gastric reflux, gout, infertility, osteoarthritis of the hips and knees, and respiratory difficulties. I'd be glad to answer any questions." Speaker Turner, A.: "Seeing none, the question is, 'Shall Amendment #1 be adopted?' All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment #1 is adopted. Further Amendments, Mr. Clerk?" 155 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Bolin

"No further Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Kurtz, on House Bill 1808. Out of the record. House Bill 1810, Representative Kurtz. Out of the record. Representative Parke, on House Bill 1813. Out of the record. Representative Saviano, on House Bill 1815. Out of the record. Representative O'Brien, on House Bill 1819. Out of the record. Representative Cross, on House Bill 1820. Out of the record. Representative Hassert, on House Bill 1825. Out of the record. Representative Durkin, on House Bill 1843. Out of the record. Representative Stroger, House Bill 1848. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1848, a Bill for an Act in relation to estates. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1867, Representative Durkin. Out of the record. Representative McGuire, on House Bill 1869. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1869, a Bill for an Act concerning schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Sorry. The Gentleman from Will, Representative McGuire, for what reason do you rise?"

McGuire

"I'd like to hold that Bill on Second for a prospective Amendment." Speaker Turner, A.: "The Gentleman requests to have House Bill 1869 remain on Second. All those in favor say 'aye'. The 'ayes' have it, and the Bill will remain on Second. House Bill 1886, Representative Hamos. Out of the record. Representative Hoeft, on House Bill 1895. Out of the record. House Bill 1813, Representative Parke. Read the Bill, Mr. Clerk, 1813." 156 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Bolin

"House Bill 1813, a Bill for an Act regarding taxes. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1904, Representative Saviano. Out of the record. House Bill 1915, Representative Brunsvold. Out of the record. House Bill 1918, Representative Biggins. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1918, a Bill for an Act in relation to taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Lou Jones, on House Bill 1920. Out of the record. Representative Acevedo, on House Bill 1922. Out of the record. Representative Steve Davis, on House Bill 1923. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1923, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Hartke, on House Bill 1932. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1932, a Bill for an Act in relation to county officers. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hartke, has been approved from consideration." Speaker Turner, A.: "The Gentleman from Effingham, Representative Hartke, on Amendment #1."

Hartke

"Thank you very much, Mr. Speaker. Amendment #1 is a technical change that makes, two years to one year, residence requirements for county commissioners." Speaker Turner, A.: "Seeing no question, the question is, 'Shall 157 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Amendment #1 adopted?' All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and Amendment #1 is adopted. Further Amendments, Mr. Clerk?"

Bolin

"No further Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Collins, on House Bill 1935. Out of the record. Representative Dart, on House Bill 1941. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1941, a Bill for an Act in relation to firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1942, Representative Brosnahan. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1942, a Bill for an Act concerning firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1945, Representative Schoenberg. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1945, a Bill for an Act in relation to firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Moffitt, on House Bill 1956. Out of the record. Representative Meyer, on House Bill 1958. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1958, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Dart, House Bill 1961. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1961, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor 158 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Mautino, on House Bill 1965. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1965, a Bill for an Act to create a moratorium on new state testing. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Giles, on House Bill 1969. Giles. Out of the record. Representative Bost, on House Bill 1973. Read the Bill, Mr. Clerk. 1973, I'm sorry."

Bolin

Clerk Bolin: "House Bill 1973, a Bill for an Act concerning fire protection. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1980, Representative Boland. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1980, a Bill for an Act concerning advisory questions of public policy. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1982. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 1982, a Bill for an Act concerning voters' pamphlets. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1986, Representative Fowler. Read the Bill, Mr. Clerk."

Bolin

"House Bill 1986, a Bill for an Act in relation to taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 159 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Speaker Turner, A.: "Third Reading. House Bill 1994, Representative Saviano. Out of the record. House Bill 2009, Representative Yarbrough. Representative Yarbrough. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2009, a Bill for an Act in relation to firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2011, Representative Yarbrough. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2011, a Bill for an Act in relation to identification. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2016, Representative Julie Curry. Out of the record. Representative Steve Davis, House Bill 2019. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2019, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Mathias, House Bill 2025. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2025, a Bill for an Act concerning taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Feigenholtz, on House Bill 2027. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2027, a Bill for an Act in relation to housing. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." 160 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Speaker Turner, A.: "Third Reading. Representative Younge, on... Out of the record. Representative Moore, on House Bill 2054. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2054, a Bill for an Act concerning an advisory referendum on a tax increase to fund land preservation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1812, Representative Mendoza. Out of the record. Read the Bill, Mr. Clerk. 1812."

Bolin

"House Bill 1812, a Bill for an Act concerning organized gangs, which may be referred to as the Severo Anti-gang Amendments of 2001. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2056, Representative Winkel. Out of the record. House Bill 2058, Representative Winkel. Keep'em on. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2058, 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 Turner, A.: "Third Reading. House Bill 2091, Representative Monique Davis. 2091. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2091, a Bill for an Act in relation to health. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Monique Davis, has been approved for consideration." Speaker Turner, A.: "Representative Davis, on Amendment #1." 161 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Davis, M.: "Thank you, Mr. Speaker. Amendment #1 requires the Department of Public Health to submit a report to the General Assembly, in reference to lead poisoning. It asks that physicians, who feel it's necessary, will advise a woman who is expecting, if she tests positive for lead, she will be advised of the dangers of breast-feeding her infant while she has lead poisoning." Speaker Turner, A.: "Seeing no questions, the question is, 'Shall Amendment #1 be adopted?' All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment #1 is adopted. Further Amendments?"

Bolin

"No further Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Myers, on House Bill 2098. Out of the record. House Bill 2099, Representative Murphy. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2099, a Bill for an Act in relation to public employee benefits. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2108, Representative Joe Lyons. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2108, a Bill for an Act in relation to municipal appropriations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill... Representative Novak, on House Bill 2113. 2113. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2113, a Bill for an Act in relation to taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 162 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Speaker Turner, A.: "Third Reading. House Bill 2115, Representative Saviano. Out of the record. Representative Monique Davis, on House Bill 2141. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2141, a Bill for an Act in relation to public utilities. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Turner

Speaker Turner: "Third Reading. Representative Klingler, on House Bill 2143. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2143, the Bill has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Klingler, has been approved for consideration." Speaker Turner, A.: "Representative Klingler, the Lady from Sangamon."

Klingler

"Thank you, Mr. Speaker. Floor Amendment #1 is an Agreed Amendment that was reached upon between the State Board of Education and representatives of four vocational center schools. The Amendment clarified the extent to which vocational centers would be able to apply for grants. And it's basically three specific areas; the school maintenance grant, federal or state technology grants, or other competitive grants administered by the State Board of Education. And again, this is an Agreed Amendment." Speaker Turner, A.: "Seeing no questions, the question is, 'Shall Amendment #1 be adopted?' All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment #1 is adopted. Further Amendments?"

Bolin

"No further Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Moffitt, on 163 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 House Bill 2145. Out of the record. Representative Saviano, on House Bill... Out of the record. Representative Garrett, on House Bill 2155. Representative Garrett. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2155, a Bill for an Act concerning elections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Crotty, on House Bill 2157. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2157, a Bill for an Act in relation to public employee benefits. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Younge, on House Bill 2176. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2176, a Bill for an Act concerning the Community Development Finance Cooperation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Hartke, on House Bill 2199. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2199, a Bill for an Act concerning taxes. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2208, Representative Wirsing. Out of the record. Representative Garrett, House Bill 2215. Out of the record. Representative Leitch, on House Bill 2219, Dave Leitch. 2219. Out of the record. Representative John Turner on 2222. John. Representative Turner. Out of the record. Representative Schmitz on House Bill 2224. Out of the 164 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 record. Representative Steve Davis on House Bill 2227. Out of the record. Representative Johnson on House Bill 2228. Out of the record. Representative Feigenholtz on House Bill... Out of the record. Representative Saviano on 2247. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2247, a Bill for an Act in relation to fire inspectors. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Boland on House Bill 2258. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2258, a Bill for an Act concerning the Illinois Commemorative Quarter. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2259, Representative Reitz. Out of the record. House Bill 2268, Representative Zickus. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2268, a Bill for an Act in regard to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Kosel on House Bill 2270. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2270, a Bill for an Act in regard to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Coulson on House Bill 22... Out of the record. Representative Moore on House Bill 2278. Out of the record. Representative Yarbrough on House Bill 2280. Out of the record. Representative Shirley Jones... Out of the record. Representative Mulligan on 2288. Out of the record. 165 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Representative Coulson 20... Out of the record. Representative Hultgren on 2293. Out of the record. Representative Bellock, 2294. Read the Bill, Mr. Clerk."

Bolin

"House Bill 2294, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Bellock on 2295. Representative. Representative Bellock. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2295, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Eileen Lyons, 2298. Out of the record. Representative Meyer, 2299. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2299, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Johnson on House Bill 2300. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 2300, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Johnson on House Bill 2228. Out of the record. Representative Burke on... Out of the record. Representative Acevedo on House Bill 2314. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 2314, a Bill for an Act in relation to 166 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2315, Representative Mendoza. Read the Bill, Mr. Clerk."

Rossi

"House Bill 2315, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Winters on House Bill 2358. Out of the record. Representative Franks... Out of the record. Representative Smith, Michael Smith on 2367. Read the Bill, Mr..."

Rossi

Clerk Rossi: "House Bill 2367, a Bill for an Act in relation to public employee benefits. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 2370, Representative Smith. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 2370, a Bill for an Act in relation to public employee benefits. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 2375, Representative Acevedo. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 2375, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 167 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Speaker Turner, A.: "Third Reading. Representative Biggins on House... Read the Bill, Mr. Clerk. 2378."

Rossi

Clerk Rossi: "House Bill 2378, a Bill for an Act in relation to taxes. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2400, Representative Winters. House Bill 2412, Representative Winkel. Read the Bill, Mr. Clerk."

Rossi

"House Bill 2412, a Bill for an Act in relation to alcoholic liquor. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 2419, Representative Osmond. Out of the record. Representative Cowlishaw on House Bill 2425. Out of the record. Representative Soto on House Bill 2427. Read the Bill, Mr. Clerk. No. Out of the record. House Bill 2431, Representative McGuire. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 2431, a Bill for an Act in relation to aging. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Brosnahan, 2437. Out of the record. No. Representative Coulson on 2438. Read the Bill, Mr. Clerk."

Rossi

"House Bill 2438, a Bill for an Act concerning taxation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative O'Connor on House Bill 2440. Out of the record. Representative Coulson on 2453. Read the Bill, Mr. Clerk." 168 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Rossi

"House Bill 2453, a Bill for an Act concerning the Department on Aging. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Saviano on House Bill 2463. Read the Bill, Mr. Clerk."

Rossi

"House Bill 2463, a Bill for an Act concerning the regulation of professions. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative O'Connor on House Bill 2464. Out of the record. Representative Kosel on House Bill 2467. Representative Kosel. ... the record. Representative Franks... Out of the record. Representative Jerry Mitchell on House Bill 2472. Read the Bill, Mr. Clerk."

Rossi

"House Bill 2472, a Bill for an Act concerning schools. Second Reading of this House Bill. No Committee Amendments." Speaker Turner, A.: "Take this Bill out of the record. House Bill 2473, Representative Berns. Out of the record. Representative O'Connor on House Bill 2477. Out of the record. Representative Coulson on House Bill 2492. Out of the record. Representative Wyvetter Younge on House Bill 2511. Out of the record. 2518, Representative Younge. Wyvetter Younge. 2518. 2511. Read the Bill, Mr. Clerk. We'll go back to 2511."

Rossi

Clerk Rossi: "House Bill 2511, a Bill for an Act to create the Illinois African-American (sic-Africa-American) Peace Brigade. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. 2519. Representative Novak 169 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 on House Bill 2527. 2527. ... the record. Representative Dart on House Bill 2532. Read the Bill, Mr. Clerk."

Rossi

"House Bill 2532, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 2555, Representative Osmond. Out of the record. 2556. Out of the record. 2563, Representative Cross. Out of the record. House Bill 2567, Representative Mulligan. Out of the record. House Bill 2993, Representative Parke. Read the Bill, Mr. Clerk."

Rossi

"House Bill 299..." Speaker Turner, A.: "Out of the record. He wants it out of the record. Go back to House Bill 2567, Representative Mulligan. Read the Bill, Mr. Clerk."

Rossi

"House Bill 2567, a Bill for an Act creating the Illinois Workforce Investment Board. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mulligan, has been approved for consideration." Speaker Turner, A.: "Representative Mulligan on Amendment #1, the Lady from Cook."

Mulligan

"You know you have so many files you just can't get 'em all." Speaker Turner, A.: "We understand, but you only need... You know, you only need five. Proceed, Representative Mulligan, on Amendment #1."

Mulligan

"It always helps when Bill Black helps you. Thank you. This Amendment changes just two things. It changes... It states that the board must meet at four times. They had deleted 'any meeting' from the original amending of the 170 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Bill. And we felt that since the board was obligated to meet five times before, we wanted to meet four times. And the second was changing 'affected' to 'impaired'. Just two technical Amendments." Speaker Turner, A.: "The Lady moves for the adoption of Amendment #1. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Are there further Amendments?"

Rossi

"No further Amendments." Speaker Turner, A.: "Third Reading. Representative Parke on House Bill 2994. Read the Bill, Mr. Clerk."

Rossi

"House Bill 2994, a Bill for an Act concerning insurance producers. Second Reading of this House Bill. Amendments 1, 2, and 3 were adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 3006, Representative Leitch. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3006, a Bill for an Act concerning the Illinois River watershed. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 3007, Representative Saviano. Out of the record. House Bill 3012, Representative Zickus. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3012, a Bill for an Act concerning insurance rating organizations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 3013, Representative Dart. Read the Bill, Mr. Clerk." 171 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001

Rossi

"House Bill 3013, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Novak on House Bill 2527. Read the Bill, Mr. Clerk. A fiscal note requested on that Bill. It'll have to remain on Second. House Bill 2148, Representative Bob Ryan. Read the Bill, Mr. Clerk. Out of the record. Representative John Jones on House Bill 3017. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3017, a Bill for an Act concerning the Tourism Promotion Fund. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 3029, Representative Schoenberg. Out of the record. House Bill 3032, Representative Mendoza. Out of the record. Representative Steve Davis on House Bill... Out of the record. Representative Franks on House Bill 3036. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3036, a Bill for an Act concerning employment. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 3048, Representative Saviano. Out of the record. Representative Brady on House Bill 3054. Read the Bill..."

Rossi

"House Bill 3054, a Bill for an Act concerning death registrations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 172 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Speaker Turner, A.: "Third Reading. Representative Mary Flowers on House Bill 3052. Out of the record. Representative Fowler on House Bill 3055. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3055, a Bill for an Act in relation to children. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative May on House Bill 3060. Out of the record. Representative Crotty on House Bill 3065. Out of the record. Representative Yarbrough on House Bill 3068. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3068, a Bill for an Act concerning electronic fund transfers. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Fritchey on House Bill 3070. Out of the record. Representative Osterman. Out of... Representative Mike Bost on House Bill 3073. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3073, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Righter on House Bill 3078. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3078, a Bill for an Act concerning freedom of information. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 1915, Representative Brunsvold. Read the Bill, Mr. Clerk."

Rossi

"House Bill 1915, a Bill for an Act concerning natural resources. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have 173 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Meyer on House Bill 3087. Out of the record. Representative Schmitz on House Bill 3089. Out of the record. Representative Winkel on House Bill 3090. Out of the record. Representative Garrett on House Bill 3094. Out of the record. Representative Saviano on House Bill 3097. Out of the record. Representative Dart on House Bill 3098. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3098, a Bill for an Act concerning meetings of public bodies. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Forby on House Bill 3099. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3099, a Bill for an Act concerning special license plates. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Mulligan on House Bill 3103. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3103, a Bill for an Act concerning reverse mortgage loans. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Mary Flowers on House Bill 3105. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3105, a Bill for an Act concerning telecommunications. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have 174 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative McGuire on House Bill 3115. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3115, a Bill for an Act concerning preventive services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative McGuire on 3116. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3116, a Bill for an Act regarding preventive services administration. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative McGuire on 3118. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3118, a Bill for an Act concerning personal care attendants. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Bill Mitchell on House Bill 3123. Out of the record. Representative Dart on House Bill 3135. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3135, a Bill for an Act concerning the Department of Human Services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative McCarthy on House Bill 3136. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3136, a Bill for an Act in relation to public employee benefits. Second Reading of this House 175 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Bill. Amendments 1, 2, and 3 were adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 3142, Representative Miller. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3142, a Bill for an Act in relation to energy assistance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 3145, Representative Currie. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3145, a Bill for an Act concerning presidential electors. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative McCarthy on House Bill 3140. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3140, a Bill for an Act in relation to home equity programs. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "This Bill shall remain on Second. House Bill 3146, Representative Hamos. Out of the record. Out of the record. House Bill 3094, Representative Garrett. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3094, a Bill for an Act in relation to controlled substances. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. House Bill 3150, Representative Hannig. Out of the record. House Bill 176 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 3154, Representative Cross. Out of the record. House Bill 3157, Representative Collins. Out of the record. House Bill 3159, Representative Garrett. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3159, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 3162, Representative Saviano. Out of the record. House Bill 3163, Representative Moffitt. Read the Bill, Mr. Clerk. Out of the record. House Bill 3172, Representative Lindner. Pat Lindner. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3172, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Slone on House Bill 3184. Out of the record. Representative Coulson on House Bill 3192. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3192, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Coulson on House Bill 3194. Out of the record. Representative May on House Bill 3199. Out of the record. Representative Sommer on House Bill 3203. Out of the record. Representative Beaubien on House Bill 3209. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3209, a Bill for an Act concerning freedom of information. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions 177 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 filed." Speaker Turner, A.: "Third Reading. Representative Bost on House Bill 3211. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3211, a Bill for an Act concerning veterans. Second Reading of this House Bill." Speaker Turner, A.: "Out of the record. House Bill 3212, Represen... House Bill 3214, Representative Mathias. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3214, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 3216, Representative Lou Lang. Out of the record. Representative Meyer on House Bill 3231. Out of the record. Representative Ryan on House Bill 3241. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3241, a Bill for an Act concerning municipalities. Second Reading of this House Bill." Speaker Turner, A.: "He wants it out of the record."

Rossi

"Amendment #..." Speaker Turner, A.: "You guys are gonna have to learn the hand signals in here. Either that or these, you know, new glasses, too, so it takes a little while. Representative Mendoza on House Bill 3262. Out of... Read the Bill, Mr. Clerk. 3262."

Rossi

Clerk Rossi: "House Bill 3262, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Miller on House Bill 3266. Out of the record. House Bill 3267. Out 178 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 of the record. House Bill 3280, Representative Forby. Out of the record. House Bill 3283, Representative Reitz. Representative Reitz. Read the Bill."

Rossi

"House Bill 3283, a Bill for an Act in relation to highways. Second Reading of this House Bill. No Committee Amendments." Speaker Turner, A.: "Out of the record. Representative Boland on House Bill 3284. Out of the record. Representative Wirsing on House Bill 3305. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3305, a Bill for an Act concerning children and family services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 3311, Representative Dart. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3311, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Brady on House Bill 3314. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3314, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Poe on House Bill 3318. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3318, a Bill for an Act concerning transportation services. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Poe, has been approved for consideration." 179 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Speaker Turner, A.: "The Gentleman from Sangamon, Representative Poe on Amendment #1."

Poe

"Yeah, Mr. Speaker, that Amendment all it is is a technical Amendment and just makes the effective date immediately. That's the only change." Speaker Turner, A.: "The Gentleman moves for the adoption of Amendment #1. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Further Amendments?"

Rossi

"No further Amendments." Speaker Turner, A.: "Third Reading. Representative Poe on House Bill 3319. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3319, a Bill for an Act to create the Rural Illinois Technology Program Act. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Poe, has been approved for consideration." Speaker Turner, A.: "The Gentleman from Sangamon, Representative Poe on Amendment #1."

Poe

"Yeah, Mr. Speaker, this is the same as the last Bill. It's a technical to just make the... it effective immediately. So, I'd ask for your approval." Speaker Turner, A.: "The Gentleman moves for the adoption of Amendment #1. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' it. And Amendment #1 is adopted. Further Amendments?"

Rossi

"No further Amendments." Speaker Turner, A.: "Third Reading. Representative McAuliffe on House Bill 3321. Out of the record. Representative Hultgren on House Bill 3324. Out of the record. Representative Yarbrough on Representative 33... on House 180 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Bill 3327. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3327, a Bill for an Act in relation to insurance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Rutherford on House Bill 3336. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3336, a Bill for an Act concerning public moneys. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Black on House Bill 3335. 3335... 35."

Rossi

"House Bill 3335, a Bill for an Act in relation to public aid. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Osterman on House Bill 3341. Out of the record. Representative Hamos on House Bill 3346. Out of the record. Representative Bugielski on House Bill 3349. Read the Bill, Mr. Clerk."

Rossi

"House Bill 3349, a Bill for an Act in relation to campaign finance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Julie Curry on House Bill 3363. ... the record. Representative Franks on House Bill 3364. Out of the record. Representative Delgado on House Bill 3382. Out of the record. Representative Hannig, House Bill 3387. Out of the record. Representative Dart on House Bill 3533. Out of the record. House Bill 3535, Representative Dart. Out of the record. 181 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Representative Kurtz on House Bill 3538. Out of the record. Representative Bellock, House Bill 3540. Out of the record. House Bill 3557, Representative Moffitt. Out of the record. Representative Hoffman on House Bill 3563. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3563, a Bill for an Act concerning attorneys. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration." Speaker Turner, A.: "Third Reading. Representative Collins on House Bill 3565. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3565, a Bill for an Act concerning public health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Bassi on House Bill 3574. Read the Bill, Mr. Clerk."

Rossi

Clerk Rossi: "House Bill 3574, a Bill for an Act concerning carnival and amusement rides. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. Representative Ryder on House Bill 3575. I'm sorry. Out of the record. Representative McCarthy on House Bill 3577. 3577, Representative McCarthy. Out of the record. Representative Forby on House Bill 3618. Read the Bill, Mr. Clerk. Out of the record. House Bill 3163, Representative Moffitt. Read the Bill, Mr. Clerk."

Bolin

"House Bill 3163, a Bill for an Act regarding taxation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." 182 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Speaker Turner, A.: "Third Reading. Representative O'Brien on House Bill 898. What's the status of the Bill, Mr. Clerk?"

Bolin

"House Bill 898 is on the Order of House Bills-Third Reading." Speaker Turner, A.: "Bring it back to Second Reading. Representative Ryder on House Bill 3575. Read the Bill, Mr. Clerk."

Bolin

"House Bill 3575, a Bill for an Act concerning community development financial institutions. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. House Bill 3576, Representative Ryder. Read the Bill, Mr. Clerk."

Bolin

Clerk Bolin: "House Bill 3576, a Bill for an Act concerning clerks of courts. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." Speaker Turner, A.: "Third Reading. The Gentleman from Rock Island, Representative Brunsvold, for what reason do you rise? Representative Brunsvold. Did you have an inquiry? Do you want to say something?"

Brunsvold

"Thank you, Mr. Speaker. Just a note for the Members that the Community Bankers Reception at the Renaissance this evening will go until 8:00 instead of 7 to accommodate the Members here on the House Floor. So, once again, the Community Bankers Reception will go to 8:00, so that House Members can attend. Thank you." Speaker Turner, A.: "Clerk for committee schedule... committee announcements. Mr. Clerk."

Bolin

Clerk Bolin: "The following committees will meet Wednesday morning. At 8:00 the Appropriation-Elementary & Secondary Education Committee will meet in Room 118. At 8:30 a.m. 183 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 the Tourism Committee will meet in Room C-1 Stratton. At 9:00 the Aging Committee will meet in Room 114; the Child Support Enforcement Committee will meet in Room 115; the Consumer Protection Committee will meet in 122-B; the Energy & Environment Committee will meet in D-1 Stratton. At 9:30 the Elementary & Secondary Education Committee will meet in Room 114; the Executive Committee will meet in Room D-1 Stratton; the Judiciary I-Civil Law Committee will meet in Room C-1 Stratton and the State Government Administration Committee will meet in Room 115." Speaker Turner, A.: "The Gentleman from Kankakee, Representative Novak, for what reason do you rise?"

Novak

"Yes, Mr. Speaker, for an announcement. The Energy & Environment Committee that's scheduled to meet tomorrow from 9 to 9:30 will be cancelled. I've just been advised by the Member that has the Amendment to be added... to be considered to be added to the Bill in committee will... does not want the Amendment considered. So, therefore, we're canc... There's no reason to have a meeting and we're canceling the committee." Speaker Turner, A.: "The point is well-taken. The Gentleman from Cook, Representative Giles, for what reason do you rise?"

Giles

"Thank you, Mr. Speaker. For an announcement of the Committee on Elementary & Secondary Education at 9:30 through 10 a.m. will be cancelled. The Sponsor of that Amendment... As a matter of fact, this is the incorrect Amendment, so it will be cancelled. Thank you." Speaker Turner, A.: "We hope the Members are aware of those cancellations. For your reference, I'd like to inform the Body that it is the intent of the Chair for the rest of the week to start at 10 a.m. and we will adjourn at 7. We will start at 10, we will adjourn at 7. Bring a lunch. 184 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day March 20, 2001 Representative Currie moves, allowing perfunctory time for the Clerk, that the House stand adjourned until the hour of 10:00 tomorrow. And the House is adjourned."

Rossi

Clerk Rossi: "Perfunctory Session will come to order. Introduction and First Reading of Senate Bills. Senate Bill 265, offered by Representative Hoffman, a Bill for an Act concerning criminal law. Senate Bill 275, offered by Representative Kosel, a Bill for an Act in relation to highways. Senate Bill 289, offered by Representative Saviano, a Bill for an Act concerning the regulation of professions. Senate Bill 396, offered by Representative Coulson, a Bill for an Act concerning guide dogs. Senate Bill 661, offered by Representative Franks, a Bill for an Act in relation to families. Senate Bill 683, offered by Representative McAuliffe, a Bill for an Act concerning public utilities. Senate Bill 787, offered by Representative Tenhouse, a Bill for an Act concerning disaster volunteers. First Reading of these Senate Bills. Being no further business, the House Perfunctory Session stands adjourned." 185