"The House shall come to order. The Members shall be in their chairs. We shall be led in prayer today by the Reverend Mark Else of the Calvary Church of the Nazarene in Crestwood. Reverend Else is the guest of Representative Crotty. The guests in the gallery may wish to rise and join us for the invocation and the Pledge of Allegiance."
"Join me, please, in prayer. Almighty God, our Heavenly Father, we are reminded the words of a hymn, 'You are God, our help and ages past, our hope for years to come.' How much we need that today. And I cannot help but give You thanks today for the men and women who are a part of this great State of Illinois and especially, these in our leadership capacity. I would pray that today Your Blessing would be upon each. We confess that this day we do need Your help, we need Your leadership. The people of this great state are depending upon the men and women in this chamber. And Father, we are trusting that this very day that they would experience Your tender blessedness, Your helpfulness, Your guidance, Your direction in their thinking and in their deliberation. Father, today we would recognize that many may have their own individual, perhaps, even family concerns. May I ask today, Father, that You would bless and help in each of those significant needs. I pray, Father, that You would bring Your special sense of direction to each mind making it clear so that they can think and deliberate. And then, Father, when it is all finished and we lay our head on the pillow tonight, we will be able to give You thanks for what You have done and we will rejoice with confidence that You indeed are the Almighty. And we pray these things to please You and in Your service. Amen." 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
Speaker Madigan: "We'll be led in the Pledge of Allegiance by Representative Hartke."
"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: "Roll Call for Attendance. Representative Currie."
"Thank you, Spe... that Representative Delgado is excused today."
"Mr. Poe."
"Mr. Speaker, let the record show that Representative Sommer is excused."
"Mr. Clerk, take the record. There being 116 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."
"Introduction and First Reading of House Bills. House Bill 3625, offered by Representative Poe, a Bill for an Act in relation to public employee benefits. First Reading of this House Bill. Introduction of Resolutions. House Resolution 333, offered by Representative Delgado; House Resolution 334, offered by Representative Kosel; House Resolution 340, offered by Representative Granberg; House Resolution 342, offered by Representative Mautino; House Joint Resolution 44, offered by Representative Wirsing. These Resolutions are assigned to the Rules Committee."
"The Chair recognizes Mr. McAuliffe."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd like to announce that yesterday was Representative 'Skip' Saviano's 43rd birthday. And we have some cake down there at the front. We did our best to make 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 sure it didn't go through Ron Wait's office. Thank you."
"On page 3 of the Calendar, on the Order of Senate Bills-Third Reading there appears Senate Bill 28, Mr. Brosnahan. Mr. Clerk, read the Bill."
"Senate Bill 28, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Brosnahan."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 28 amends the Criminal Code. It makes changes of the Child Endangerment Statute. Under Senate Bill 28, there is a rebuttable presumption that a person commits the offense of child endangerment, if: the child is left unattended in a motor vehicle out of the person's sight for 10 minutes or longer, the child who is left in the vehicle is 6 years of age or younger and the person leaving the child is 14 years of age or older. The penalties under this Section for the first offense is a Class C misdemeanor, a Class A misdemeanor when it results to injury of the child or another person. When it results in death to the child, it becomes a Class IV felony. I know of... No one testified against this Bill in committee. I'd be happy to answer any questions."
"Mr. Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, Floor Amendment #2 becomes the Bill, correct?"
"That's correct."
"All right. And it, the rebuttable presumption, would then give an individual... What I'm concerned about is due process. If you have two infant children in a child safety seat and you go to the doctor and say, one child is two and 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 the other one's four or five months, sometimes you have to take one child in at a time because if you try to get both of 'em out at the same time and you're by yourself, as I've seen my daughter do, that can lead to problems. So, if it's just while you run one of the children into a, say a doctor's appointment, you come right back out and get the other, that's not an offense of leaving the child unattended, is it?"
"That's correct. Representative, the difference between like a prima facie case, child endangerment, rebuttable presumption is, the rebuttable presumption tries to recognize that there will be situations when it's not quite possible to do that and that's why it would give the person charged that opportunity to tell the court or tell the jury why it was, in fact, longer than ten minutes when that child was out of their sight."
"All right. Fine. Thank you very much."
"Mr. Durkin."
"Thank you, Mr. Speaker. Will the Sponsor yield..."
"Sponsor yields."
"...for a brief question? Jim, and sometimes when we pass these laws, I mean, there are extenuating circumstances which may arise which I don't think we intensely are trying to punish someone, in any way are we allowing a necessity defense still apply to this type of situation?"
"Jim, I think that's where the rebuttable presumption comes in. If there is something that can be explained by the person charged, that there was extenuating circumstances that prevented them from being with the child or the fact that it may have been ten minutes or longer, but they can show that the child's life was not endangered 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 or the health was not endangered in any way, then that's why we're givin' em' that opportunity with the rebuttable presumption."
"But they would probably have to only be a... only time they could assert this is after they've been charged and then there is a... some type of trial, I mean, it would be a trial or I presume a preliminary hearing."
"Well, I guess like so many different areas of the law, it'd be prosecutorial discretion. I mean, some of these cases won't be charged at all once they make that explanation to the police officer or the state's attorney, so it would be a case-by-case basis."
"All right. And the first offense is what? What type of penalty would be imposed on the first offense?"
"The first offense... Give me one second, Jim, I'm sorry. Jim, I believe it's a... for the first offense, it's a Class C misdemeanor. It's a Class A if it results in a injury to the child or another person and then it would be a Class IV felony if it results in the death of a child or another person."
"Jim, I didn't hear one word you said. Could you explain that?"
"For the first offense..."
Speaker Madigan: "Ladies and Gentlemen, please give your attention to Mr. Brosnahan. Mr. Brosnahan."
"Thank you. Jim, we don't change the penalties at all. Under the statute, endangering the life or health of a child... I'll just read it to you, I'm sorry. 'A violation of this Section is a Class A misdemeanor for the first offense.' Was that your question?"
"All right. And do we have additional penalties for subsequent violations? I may have heard you in that 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 garbled... somehow, just from the noise. If there is some type of injury which is caused to the child is there an enhanced penalty for that?"
"It becomes a Class III felony in that situation."
"Okay. But if there's a second offense, we're still... it's not an automatic... you know, we're getting into the felonies... are we just leaving it as a Class A misdemeanor, if there's a second violation under that law?"
"Yes, that's my understanding."
"All right. Thank you very much."
"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. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mendoza, do you wish to call Senate Bill 373? The Lady indicates she does not wish to call the Bill. Representative Coulson, Beth Coulson. Do you wish to call Senate Bill 396? The Lady indicates she does not wish to call the Bill. Representative Feigenholtz. Is Representative Feigenholtz in the chamber? The Lady indicates she does not wish to call the Bill. Mr. Beaubien. Mr. Clerk, read Senate Bill 504."
"Senate Bill 504..."
"Mr. Beaubien indicates he does not wish to call this Bill. Mr. Hassert, Brent Hassert. Did you wish to call Senate Bill 598? The Gentleman indicates he does not wish to call the Bill. Representative Feigenholtz, do you wish to call Senate Bill 698? Lady indicates she does not wish to call the Bill. Dale Righter, do you wish to call 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Senate Bill 833? Mr. Clerk, read the Bill."
Clerk Rossi: "Senate Bill 833, a Bill for an Act concerning professional service contracts. Third Reading of this Senate Bill."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 833 simply would amend the Architectural, Engineering, and (sic-Land) Surveying Qualifications Based Selection Act and allow the professional services bulletin to be posted electronically and be mailed out. That is true right now for construction notices, but is not true for architectural, engineering, or surveying contracts. And this is an initiative of the Capital Development Board. I'd be happy to answer any questions."
"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall this Bill pass?' 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? The Clerk shall take the record. On this question, there are 116 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk. If we could have your attention, Ladies and Gentlemen. Mr. Clerk, read House Resolution 332."
"House Resolution 332. HOUSE RESOLUTION 332 WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 WHEREAS, It has come to our attention that Dorothy Ferguson is retiring from her duties as the Capitol's first aid nurse for the Illinois Department of Public Health, Emergency Medical Services, located within the Capitol; and WHEREAS, Mrs. Ferguson has faithfully and with much dedication, served the State of Illinois as a nurse from January 1, 1977 through May 31, 2001; and WHEREAS, Dorothy Deloris Wrincik was born on January 2, 1932 in Springfield, Illinois; she is a 1950 graduate of Lanphier High School, a 1953 graduate of St. John's School of Nursing, and a 1955 graduate of St. John's School of Anesthesia; and WHEREAS, Dorothy Wrincik married Leonard E. Ferguson on August 27, 1955; her greatest claim to fame is that she is the mother of four children born on the same birthdate, missing the Guinness record by only one child, and they include, Ann born on May 17, 1956, Leonard born on May 17, 1957, Jean born on May 17, 1958, David born on October 6, 1959, Jo born on May 17, 1961, and Gail born on June 22, 1967; in addition, four of her children, Jean, David, Jo, and Gail have served as Senate Pages in the past; and WHEREAS, While raising her family, Mrs. Ferguson worked one night each week at St. John's Hospital, and numerous other part-time nursing positions just to keep her hand in nursing; in the mid-1970s she worked as an occasional relief nurse at the Capitol, and by 1977 she was hired on full time as the new first aid nurse; and WHEREAS, Mrs. Ferguson shares many interests including horses, dogs, fitness, nutrition, travel, and first rate haggling at area garage sales; she also loves to spend time with her nine grandchildren who include Stacy, Kevin, Robert, Katie, Andrew, Jessica, Max, Lindsey, and Hailey; and 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 WHEREAS, Mrs. Ferguson reveals that her twenty-four year career at the Capitol has been one of the most rewarding experiences of her life; she has met so many wonderful individuals and will miss them after her retirement; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dorothy Ferguson on her retirement from her duties as the Capitol's first aid nurse, and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dorothy Ferguson as an expression of our esteem."
"Mr. Daniels."
"Mr. Speaker, Ladies and Gentlemen of the House. For 24 years Dorothy Ferguson has treated and cared for all of us working under the dome and many of its visitors. From bumps and bruises, headaches and sore throats to more serious ailments, Nurse Dorothy has been there with a comforting smile and a gentle touch. Nurse Dorothy is a constant reminder to us all, especially at this time of the year, to eat well, get plenty of rest, and keep our blood pressure in check. She tells us to do that, we don't always follow her advice. In addition to being a nurse, Dorothy is a mother of five. In fact, I believe daughter Jennie Campbell formerly served on the House Republican staff as an analyst is here today along with four of her children who served as Senate pages. While Nurse Dorothy will be missed, I'd like to wish her good health and good luck in her retirement. And would ask all of you to join in the adoption of this Resolution, our thanks, our congratulations on a well-earned retirement, our love and our blessing, as well." 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"Mr. Burke."
"Thank you, Speaker and Members of the House. I, too, would like to join in this acknowledgement of Dorothy and all of her kindnesses. You know, it's often asked about those who leave this little society of ours, what are we going to do without them? And Dorothy truly, I think that question is important for all of us to be able to answer today, what, indeed, are we going to do without you? With your compassion, your knowledge, and your ability to interact on every level, not only with us that are big shots around here, but some of the little people, the visitors to the Capitol, those that have encountered you for these many years and have certainly benefited by your expertise, your medical professionalism, and your wonderful kind heart. I don't know how in the world you can be replaced in this little society of ours and we all today wish you nothing but Godspeed and the best of health as you leave us, but hopefully, not forever. Do come back and say 'hello' once in a while because we, in fact, will really truly miss you. Thank you, Dorothy."
"Dorothy, step up to the Clerk's podium and give us a few words."
"Just a big 'thank you' and I'm gonna miss all of you."
"Mr. Daniels moves for the adoption of the Resolution. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Resolution is adopted. Mr. Mautino, do you wish to call Senate Bill 834? Mr. Mautino. Mr. Clerk, read the Bill."
"Senate Bill 834, a Bill for an Act concerning state funds. Third Reading of this Senate Bill."
"Mr. Mautino, before we begin consideration of the Bill, the Chair would like to recognize Representative 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Ron Stephens. Mr. Stephens."
"Thank you, Mr. Speaker. A point of personal privilege."
"State your point."
"Mr. Speaker and House colleagues. As you may know, I have been gone for several weeks. And I wanted to take this opportunity to first of all to let each and every one of you know what a true privilege it is and what a pleasure it is for me to serve with you. Having not had that opportunity for some weeks now, I can tell you that it is heartfelt when I tell you how much respect I have for each and every one of you. And I want to tell you how much it meant to me to have you remember me in your prayers, your letters and cards that came to me. Your friendship goes far beyond party politics. It goes far beyond the partisanship and the work that we do here in the General Assembly. I've worked with a lot of people in the years that I have been on this earth, I've formed a lot of close relationships. None of those relationships, none of them, exceed the bond that I have with each and every one of you. I want to thank you for your support and I want to tell you that if in any way the circumstances that overcame me and my reaction to them, if they have embarrassed you or if you've been painted with a brush because of any of my actions, I apologize. Mr. Speaker, I... Mr. Speaker, I'm glad to be back. I've been given a second chance in many ways and I want to thank you and our colleagues for that chance. God bless each and every one of you."
"Mr. Daniels."
"Mr. Speaker, Ladies and Gentlemen of the House. Representative Stephens, I know I speak for everybody here when they say, 'welcome back, we're glad to have you 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 home.'"
"The Order of Business is Senate Bill 834, Mr. Mautino. Mr. Clerk, have you read the Bill for a third time?"
"Senate Bill 834, a Bill for an Act concerning state funds. Third Reading of this Senate Bill."
"Mr. Mautino."
"Thank you, Speaker. Senate Bill 834 is the agency Bill for the Capital Development Board amending the State Finance Act as regards to the Contributory Trust Fund. And the Bill simply allows CDB to use the money out of that fund for the same kind of damaged product... projects and it lifts the current restriction that it be used for one specifically. If any dollars remain unused in this fund for 36 months, it must then be deposited into the General Obligation Bond Retirement and Interest Fund. And I know of no opposition. Be happy to answer any questions."
"Mr. Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, even though it may take several years for those damages to be put in that account, if they are expended for another project in the meantime, what happens then to the project that was damaged and would now seek correction under the settlement?"
"In the event that there are no... Let's say, for example, there was a large damaged project which came out of that fund, a million dollar repair project that drained it down, CDB can then go back and use their more complicated funding method that they currently use to make sure that that money does get expended for the projects. 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 And you hit it right on the head. The reason we're doing this is sometimes by the time the moneys are recaptured from those contractors who have improperly done the project, the project will have been fixed or in need of... will have been fixed, so by limiting it to that one project only, it extends the amount of time it takes to complete all of the repairs."
"Well, I... As memory serves me and it doesn't serve me very well lately, but when I worked for a community college it seems to me that there was a project, a new building, and as I recall, the first rain storm the roof on this new building literally washed off. Down the downspouts, clogged them up, ran over the gutters, ruined the siding or the brick veneer, was a major, major problem. Now, I think it was fixed in a relatively short period of time, but in that scenario, if the architect, the general contractor, the community college all got into a big argument as to what happened and who was at fault and then two years after that a settlement was made or three years later, that community college would obviously want that roof repaired as quickly as possible then they might go back to the Capital Development Board and said, 'well, son of a gun, we got that settlement, but we spent it on another project that was also in dispute. But we think we'll get some money in here shortly and if you'll wait another year, we'll fix your roof.' I don't wanna get in that position if it happens to a building in my district, I can tell you that. And that's my only fear about this Bill is that when the settlement is made and the money deposited, it may have already been obligated for another project and then the project that was due the damages, may be delayed another year or two before it could be repaired." 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"Mr. Hartke in the Chair."
"This... What they would do in that situation is move the funding around from other projects, that is how they currently operate now. When I referred to them going back to the more complicated system that they use..."
"Okay. Fine."
"...that's what I was referring to."
"Well..."
"And the objective is to not have the situation occur and to get these roof, for example, your roof, fixed as quickly as possible using those available moneys while the CDB goes to court against the architect, the..."
"Okay."
"...and the construction manager."
"I... Frank, I don't think there's a problem, but I want to make sure. It's always the law of unintended consequences that rise up and cause us difficulty. Perhaps the CDB representative can tell you, I don't remember all the details, when the James R. Thompson Center, then it was called the State of Illinois Center, opened, there was a major problem on the air conditioning system and I'm sure you remember that building. They had beach umbrellas to shield them from the sun and the rain. They had fans. It was really... it just didn't work. And they... every night on the Chicago television stations they'd have thermometers in some workplaces in the summer that would register a hundred ten, a hundred twelve, a hundred twenty degrees. It was years... again, if memory serves me correctly, it was years before they settled that and it was several million dollars and corrected it. Now, had this law been in effect, would it have further delayed the correction of that problem?" 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"In speaking with the CDB, that situation there, that money as it was recovered was put back into whatever revenue stream they had borrowed that money from in order to complete the projects and to speed up the timeline..."
"Okay."
"...on getting it done."
"So, the bottom line, what I need from you is... there is nothing in this Bill that could be construed as saying, well, now we've fixed that problem, but since we spent the settlement money, you'll have to wait another year."
"You're correct. There's nothing in the Bill that says that..."
"All right."
"...and that is not the intention."
"Okay. So, basically, they would use machinery available to them to effect repairs immediately, but in the case of a serious damage that may be in court for years, then they can go ahead and use this fund?"
"Correct. And when that money is recovered, it would go back into the dedicated fund."
"All right. Fine. Thank you."
"Further discussion? Seeing that no one is seeking recognition, the ques... Representative Mautino to close."
"Thank you. I appreciate Representative Black's questions on the Bill. And this will simplify and give the flexibility to Capital Development Board to get the damaged projects back on line, keep their schedule, and make sure that the money is available to go forward. Any recoveries made then would be dedicated back into the line items, as I had said. And should they run out of money, they would be able to tap their other revenue streams like they currently 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 do now. And I'd appreciate an 'aye' vote."
"The question is, 'Shall the House pass Senate Bill 834?' 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? Mr. Clerk, take the record. On Senate Bill 834, there are 116 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 461?"
Clerk Rossi: "Senate Bill 461 is on the Order of Senate Bills-Third Reading."
"Move that Bill back to Second Reading for the purpose of an Amendment at the request of the Sponsor. Senate Bill 852, Representative Moore. Mr. Clerk, read the Bill. Shhh, please."
"Senate Bill 852, a Bill for an Act concerning groundwater protection. Third Reading of this Senate Bill."
"Representative Moore."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 852 is the Department of Public Health agency Bill that will address the provisions enacted in the 1996 federal Safe Drinking Water Act. These are required to be adopted by Illinois in order to retain its primary enforcement responsibility and to prevent the loss of the state revolving loan program. I'd be happy to answer any questions."
Speaker Hartke: "Is there any discussion? This Bill is on Short Debate. Representative Parke."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor indicates she will yield." 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"Thank you. Representative, in the discussion on this in committee was there any opposition to this?"
"No."
"So, there is no particular group that finds this to be a problem? What is the long-term effect of your legislation, then?"
"Actually, it is... it's more of a technical requirement to bring us into compliance with the federal statutes. It passed out of the Senate 56-0, it passed out of the committee 16-0."
"All right. Then there's no opposition. Thank you."
"Not that I know of."
Speaker Hartke: "Further discussion? The Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield. This is on Short Debate."
"Representative, I'm always excited to hear that something's going to put us into compliance with Federal Law. My all-time favorite was the State Disbursement Unit. That certainly put us into compliance with Federal Law. And in a rural area that I represent, can you define a 'non-community water system' for me?"
"Perhaps you could help me with it. I think that might be 'a well that serves'... 'a system that serves less than 25 people'."
"All right. I have several of those. What does this Bill do to those people?"
"It divides non-transient, non-community water systems that requires to regularly serve the same 25 or more persons at least six months a year. It defines public water system to mean 'a system for (sic-the) provision to 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 public of piped water for human consumption through the pipes other than (sic-or other) constructed conveyances, if the system has at least service connections or regularly serves an average of at least 25 individuals daily.' And it goes on in our analysis that I'm sure you have, also. All this does, this is not changing specifically what we have going here in Illinois. What it is required to do is to have our statutes now be... come into conformance with the federal statutes."
"There's language in the Bill that says 'it provides that no community nonwater system (sic-non-community water system) may be constructed, altered, or extended until plans, specifications, and other information relative to such system are submitted to and reviewed by the Department of Public Health for conformance with the rules promulgated under this Section.' Do you mean to tell me if a small neighborhood of 27 homes wants to extend a connection to a new home, they can't do that until they submit all this data to the Illinois Department of Public Health?"
"I really hope that's true and I think it is according to this Bill. You can't put a septic system in without talking to the Department of Public Health. This is to assure that we have good safe drinking water. Sometimes there are delegation agreements with some of the counties and so it might be through the county Department of Public Health that this is administered depending on where you are."
"All right. So, in a non-community water system where you have no government, an unincorporated area, no engineer, no consultant, you can't add a house to your community... non-community water system, so I assume then, that that house would just drill a well, correct?" 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"I think the answer is still 'yes' and I think you should have to. I mean, if you've got a system that is servicing people, you want to make sure... you're talking about clean, safe drinking water. We want to make sure that people, in fact, are hooking up their houses to a system that, in fact, is safe."
"I guess..."
"I mean, if you were just putting your own private well, you'd have to get a permit to drill from your Public Health Department, your well drillers would go ahead and drill, but you'd have your water tested. You wanna make sure drinking water is safe."
"Do all counties in the State of Illinois have a Public Health Department?"
"No, I don't believe they do."
"So, what do they do in that case?"
"I actually don't know the answer, but I'm presuming they go through the state Department."
"The state Department of Public Health is gonna come out into my rural area and do an inspection on a well?"
"Could you repeat the question?"
"You're telling me that the state Department of Public Health has sufficient staff to check every well in every non-community water system in the State of Illinois in those counties that have no Public Health Department?"
"Representative, this language is not going to change the way we have been enforcing this issue. It's going to bring us in compliance with the federal statutes."
"Yeah, that's what I..."
"Do you have a specific problem with the Bill?"
"No, I have specific problems with people telling me that we have to be in compliance with Federal Law, but don't 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 tell me exactly how it's gonna work. See, I..."
"Well, then..."
"I didn't vote for the State Disbursement Unit, the best 'no' vote I ever made. I suppose that puts me in violation of some Federal Law, but I really don't care."
"Well, this really isn't the same as the State Disbursement Unit and there is also..."
"Well..."
"...another reason that we need to be in compliance. It has to do with preventing the loss of the state revolving loan funding."
"Well, it may and it may not. To the Bill."
"To the Bill, Mr. Black."
"I know the Bill will pass. But I'm just a little bit tired of the Federal Government mandating, regulating, you come in compliance or else, what now? Are they gonna shut off all our water if we're not in compliance? The State Disbursement Unit was gonna be a great idea, too. Gonna put us in compliance with Federal Law. What a nightmare. What an ill-advised, stupid federal regulation. And in rural areas that don't have Public Health Departments, who are you kiddin'? You think 10 or 15 houses in a little rural subdivision have the means to comply with this? The people in Washington have been drinkin' somethin' and it isn't clean water."
Speaker Hartke: "Further discussion? Representative Brunsvold. This Bill is on Short Debate. Do you stand in opposition to the Bill?"
"I don't know, Mr. Speaker."
"Proceed."
"Will the Lady yield?"
"The Gentleman (sic-Lady) will yield." 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"Would you like me to take it off of Short Debate?"
"You may."
"I'm joined by the requisite number to remove the Bill from Short Debate."
Speaker Hartke: "The Bill will be placed on Standard Debate. Representative Moore. Representative Brunsvold."
"Representative, just... Bill kinda got my attention here."
"He has a way of doing that."
"I live in one of those units. There are 20 houses and 3 wells and it's brand new. How am I affected?"
"You would not be affected because the number is 25 that... as I'm sure you can read in there."
"I'm trying to sort out in the synopsis, so anything under so many wells... so many houses per well. It was nine before, I think, if I remember correctly."
"I think that those decisions are made when you apply for the permits when the well is initially... when the well initially goes in, they look at, I'm sure you know better than I. I have a private well and so if you're on a community well, I'm sure that... You know, they look, they test pressure, quality, and et cetera. That's really what this is about because not dissimilar to what was done years ago in trying to get small package treatment plants in regard to sewer on either the public system or have them running efficiently and safely, that's part of what this is about, and this actually, the federal regulations went in in 1996 and, in essence, we have been complying with 'em since then. This just really cleans up the language within the Department."
"We test the water now. Do we have to increase the amount of testing we do?" 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"No."
"Same as we've had before."
"Yes..."
"Okay."
"...exactly the same."
"Thank you, Representative."
"Thank you."
"Further discussion? The Chair recognizes the Gentleman from DuPage, Representative Johnson. He declines. Representative Moore to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This just brings the language that we have in the Illinois Department of Public Health in compliance with the federal Act and assures us safe and reliable, clean drinking water. Please vote 'yes'."
"The question is, 'Shall the House pass Senate Bill 852?' 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? Mr. Clerk, take the record. On Senate Bill 852, there are 114 Members voting 'yes', 2 Members voting 'no', 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, Rules report."
"Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on May 21, 2001, reported the same back with the following recommendation/s: 'to the floor for consideration' House Bill 1774 and Senate Bill 1128; 'recommends be adopted' Floor Amendment #2 to House Joint Resolution 26, Floor Amendment #1 to Senate Bill 95, Floor Amendment #3 to Senate Bill 113, Floor Amendment #1 to Senate Bill 117, Floor Amendment #3 to 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Senate Bill 372, Floor Amendment #2 to Senate Bill 397, Floor Amendment #1 to Senate Bill 406, Floor Amendment #2 to Senate Bill 725; a 'Motion to Table' Committee Amendment #1 on Senate Bill 730, Floor Amendment #1 to Senate Bill 789, Floor Amendment #1 to Senate Bill 899, Floor Amendment #2 to Senate Bill 915, Floor Amendment #2 to Senate Bill 989, Floor Amendment #1 to Senate Bill 994, Floor Amendment #2 to Senate Bill 1039, Floor Amendments 2 & 3 to Senate Bill 1176, Floor Amendment #2 to Senate Bill 1234, Floor Amendment #2 to Senate Bill 1276, Floor Amendment #2 to Senate Bill 1109, Floor Amendment #1 to Senate Bill 1522, 'Motion to Concur' with Senate Amendment #1 to House Bill 161, a 'Motion to Concur' with Senate Amendment #1 to House Bill 183, a 'Motion to Concur' with Senate Amendment #1 to House Bill 632, a 'Motion to Concur' with Senate Amendment #1 to House Bill 846, 'Motion to Concur' with Senate Amendment #1 to House Bill 1048, 'Motion to Concur' with Senate Amendment #1 to House Bill 1694, a 'Motion to Concur' with Senate Amendment #1 to House Bill 1915, 'Motion to Concur' with Senate Amendment #1 to House Bill 2088, 'Motion to Concur' with Senate Amendment #1 to House Bill 2528, 'Motion to Concur' with Senate Amendment #1 to House Bill 2865, 'Motion to Concur' with Senate Amendment #1 to House Bill 2994, 'Motion to Concur' with Senate Amendment #1 to House Bill 3003, 'Motion to Concur' with Senate Amendment #1 to House Bill 3204, and a 'Motion to Concur' with Senate Amendment #1 to House Bill 3214."
"On page 3, on Senate Bills-Third Reading appears Senate Bill 858, Representative Beaubien. Mr. Clerk, read the Bill."
Clerk Rossi: "Senate Bill 858, a Bill for an Act amending the Unemployment Insurance Act. Third Reading of this Senate 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Bill."
"Representative Beaubien."
"Yes, thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is an agency Bill from the Unemployment... under the Unemployment Insurance Act. It does two relatively minor things. First of all, it deletes the reference to the Job Training Partnership Act which no longer exists and now, references the current Act which is called the Work Force Investment Act of 1998. It also increases, for one year, the statute of limitations for pursuing applicants who have committed fraud over the prior three years. It extends it from two years now to three years. I'd appreciate an 'aye' vote."
Speaker Hartke: "Is there any discussion on Senate Bill 858? Seeing that no one is seeking recognition, the question is, 'Shall the House pass Senate Bill 858?' 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, take the record. On Senate Bill 858, there are 116 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 880, Representative Persico. Mr. Clerk, read the Bill."
Clerk Rossi: "Senate Bill 880, a Bill for an Act in relation to community water supplies. Third Reading of this Senate Bill."
"Representative Persico."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 880 amends the Department of Nuclear Safety Laws and Civil Administrative Code of Illinois. Basically, this legislation enables the Illinois Department 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 of Nuclear Safety to establish a fee by rule that will be paid by community water systems that choose to request the Department to perform radionuclide testing of their drinking water. The fee shall reflect the direct and indirect cost of the testing community water supply samples. Fees received by the Department will be deposited into the Radiation Protection Fund. The Department currently performs free radionuclide testing of drinking water supplies for community water systems. So, I request a 'aye' vote on Senate Bill 880."
"Is there any discussion on Senate Bill 880? Seeing no one is seeking recognition, the question is, 'Shall the House pass Senate Bill 880?' 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? All voted who wish? Clerk, take the record. On Senate Bill 880, there are 68 Members voting 'yes', 47 Members voting 'no', and 1 Member voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 884, Representative Bellock. Mr. Clerk, read the Bill."
"Senate Bill 884, a Bill for an Act in relation to public aid. Third Reading of this Senate Bill."
"Representative Bellock."
"Thank you, Mr. Speaker. Senate Bill 884 is a Department of Public Aid agency Bill. It amends the Illinois Public Aid Code to create the Medical Special Purpose Trust Fund. This allows for grants, gifts, donations, and legacies for functions connected with the administration of any medical program administered by the Department to be deposited into the Medical Special Purposes Trust Fund. There was a fund that existed like 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 this before in Human Service, but when the agencies were all put together, that fund went with DHS, so Public Aid is just looking to have this fund now, so that any private donations, grants or federal grants would be deposited into this account. I know of no opposition."
"Is there any discussion to Senate Bill 884? Mr. Black. He's declined recognition. Since no one is seeking recognition, the question is, 'Shall the House pass Senate Bill 884?' 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? Mr. Clerk, take the record. On Senate Bill 884, there are 114 Members voting 'yes', 2 people voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 898, Representative Schoenberg. Mr. Clerk, read the Bill."
"Senate Bill 898, a Bill for an Act concerning schools. Third Reading of this Senate Bill."
"Representative Schoenberg."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is a very straightforward Bill. It simply requires that a school district posts its current annual budget itemized by receipts expenditures on the district's Internet website. It also requires the district to notify parents or guardians of the students in the course of normal communication that the budget has, indeed, been posted and what the website address is. I know of no opposition to this. And I'd be happy to answer any questions."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass Senate Bill 898?' Representative Black, would you..." 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, it was my understanding that you were going to have an Amendment to this Bill. Is that not the case?"
"That had been my expressed intent in committee, however, I will not be pursuing that Amendment at this time because there will be available means to pursue the very identical thing..."
"All right."
"...in the near future."
"So, the Bill in its current form has nothing to do with charter schools then?"
"That's correct, Sir."
"All right. Thank you."
Speaker Hartke: "Further discussion? Now, since no one is seeking recognition, the question is, 'Shall the House pass Senate Bill 898?' 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? All voted who wish? Mr. Clerk, take the record. On Senate Bill 898, there are 112 Members voting 'yes', 4 Members voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 930, Representative Hoffman. Out of the record. Senate Bill 980, Representative Stroger. Mr. Stroger. Out of the record. Senate Bill 984, Representative Moffitt. Mr. Clerk, read the Bill."
Clerk Rossi: "Senate Bill 984, a Bill for an Act regarding taxation. Third Reading of this Senate Bill."
"Representative Moffitt." 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill came over from the Senate with language and it's been made a shell Bill. It would be the Bill that would be used if we... if there's an agreement and we can provide an incentive for energy efficient appliances and these are the most efficient in the industry. This would help keep jobs in Illinois, would be good for the environment and good for the energy crisis, but at this point, this is a vehicle Bill but if there's an agreement, it's one of the vehicles that would be used. This would allow us to keep this Bill alive and send it back over to the Senate."
"Mr. Moffitt, could we take this Bill out of the record for a second."
"Yes, I will."
Speaker Hartke: "Okay, thank you. Mr. Black. He declines recognition. Senate Bill 1011, Representative Cross. Mr. Cross. Senate Bill 1011. Out of the record. Senate Bill 1102, Representative Ryder. Mr. Clerk, read the Bill."
Clerk Rossi: "Senate Bill 1102, a Bill for an Act concerning administrative procedure. Third Reading of this Senate Bill."
"Representative Ryder."
"Thank you, Mr. Speaker. This piece of legislation is making some clarifications in the Administrative Rules Act, as it deals with the Joint Committee on Administrative Rules. I would ask your indulgence to call upon my cosponsor to ask some questions for legislative intent."
"Representative Rutherford."
"Thank you, Mr. Speaker, Representative Ryder. Legislative intent of Senate Bill 1102 is to formally enact certain existing policies and procedures for state agencies 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 adopting rules. For example, agencies are currently required to publish notice pages in the Illinois Register to explain the rule. As with legislation, agencies are also currently required to indicate changes to existing rules by strikes and underlines. These Amendments reflect current practices and agencies that promulgate rules routinely are accustomed to these procedures. Additionally, the Bill prohibits material originally proposed and wanted the rulemaking to be combined with another proposed rulemaking. This practice does not arise often, and the policy has not always been applied consistently. This Amendment would clarify that this practice is not allowed. So, my question, Representative Ryder, is in subsection (a) the definition of rulemaking refers to the required documentation for the adoption of the Illinois Administrative Code text, is there any legislative intent here or in any other part of the Amendment to require state agencies to adopt the LIS database version of the rule as the official Administrative Code text?"
"No, Representative Rutherford, agencies may continue to adopt rules at the Secretary of State that are produced by the agency. Agencies are not required to adopt the LIS database version of the text. The rule filed with the Secretary of State remains the official text of the rule."
"And Representative Ryder, in subsection (c) states that the background text in rulemaking documentation shall match the current text of the Illinois Administrative Code. If there are discrepancies between the rule currently on file with the Secretary of State compared to the rule as it appears in the LIS database, is it correct to assume from your previous answer that the official version is the rule 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 on file with the Secretary of State?"
"That is correct."
"Last question, Representative Ryder, do you feel sort of silly reading prepared text into the record like this, like I do?"
"Thank you, Mr. Speaker."
Speaker Hartke: "Further discussion? Since no one is seeking recognition, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative Ryder, after all that rigmarole, just answer one question for me. Does this give more power to JCAR or less power to JCAR?"
"Yes."
"More or less."
"Yes."
"I want more. If you tell me it's more, I'll vote for it. If you tell me it's less, I won't vote for it."
"That's correct."
"I guess that means... "
Speaker Hartke: "He's answered your questions, Representative Black."
"I guess that means, I vote 'present', I can't get an answer."
"You answer... ask one question at a time."
"Power should go to JCAR. Much more than it has. It is the only safeguard we have between some of the silliest rules, if you ever take time to read that stuff, I've ever read. And the only thing that stands between us and chaos on any given day is the Joint Committee on Administrative Rules. So, I hope in his summation, Representative Ryder 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 will tell me that this, in fact, gives additional responsibility and authority to JCAR."
"Representative Ryder to close."
"In the midst of chaos, we see a path to order. In the midst of confusion, we see an opportunity to clarify. In the midst of rules run rampant, we have the opportunity to empower the Legislators of the Joint Committee on Administrative Rules to do their job. Please vote 'yes'."
"The question is, 'Shall the House pass Senate Bill 1102?' 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 Senate Bill 1102, there are 116 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1304, Representative Mulligan. Out of the record. Senate Bill... On page 5, on Second Reading appears Senate Bill 10. Out of the record. Senate Bill 20, Representative Coulson. Out of the record. Senate Bill 71, Daniels-Jones. Out of the record. Senate Bill 95, Representative Mathias. Out of the record. Senate Bill 103, Representative Bost. Out of the record. Senate Bill 113, Representative Moore. Andrea Moore. Out of the record. Senate Bill 117, Representative Hamos. Julie Hamos. Out of the record. Senate Bill 163, Representative Moore. Out of the record. Senate Bill 267, Representative Mitchell, Jerry Mitchell. ... read the Bill."
"Senate Bill 267, a Bill for an Act in relation to vehicles. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
Speaker Hartke: "Third Reading. Senate Bill 397, Representative Mathias. ... in Rules, still in Rules. 397. ... read the Bill."
"Senate Bill 397 has been read a second time, previously. Amendment #1 has been adopted to the Bill. No Motions have been filed. Floor Amendment #2, offered by Representative Mathias, has been approved for consideration."
"Representative Mathias on Floor Amendment #2."
"Thank you, Mr. Speaker. Floor Amendment 2 is a technical Amendment. It just limits the original Bill. It takes out part of the Bill that was originally in the original Bill and it just limits it on the part for FOID cards so that someone who's disqualified because the FOID card had expired or cancelled would not be part of the... would not have to be reported unless the Department of State Police deemed it appropriate. I ask for your support of the Amendment."
"Is there any discussion on Floor Amendment #2 to Senate Bill 397? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #2 to Senate Bill 397?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, what is the status of Senate Bill 267?"
Clerk Rossi: "Senate Bill 267 is on the Order of Senate Bills-Third Reading."
"Move that Bill back to Second Reading for the purpose of an Amendment at the request of the Sponsor. 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Senate Bill 400, Representative Mitchell. Out of the record. Senate Bill 406, Representative Wirsing, Dave Wirsing. Mr. Clerk, read the Bill."
"Senate Bill 406 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Wirsing, has been approved for consideration."
"Representative Wirsing."
"Thank you, Mr. Speaker. Floor Amendment #1 adds to the Bill. The Amendment adds three new provisions to the Bill. All provisions have previously passed the House. It amends the Higher Education Student Assistance Act to increase ISAC's current statutory debt ceiling for the Illinois Designated Account Purchase Program from 2.1 billion to 3.5 billion which was under House Bill 2110. Amends the Higher Education Student Assistance Act to allow the State Comptroller to transfer funds from the Federal Student Loan Fund into the Student Loan Operation Fund at the direction of the commission's executive director. This was House Bill 2111. Third part is implements provisions adopted by the Board of Higher Education to update the board's grant programs for institutions making those programs responsive to the state's needs. This was House Bill 2395 as it passed the House. Would be willing to answer any questions."
"Is there any discussion on Floor Amendment #1 to Senate Bill 406? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to Senate Bill 406?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?" 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"No further Amendments."
"Third Reading. Mr. Clerk, what is the status of Senate Bill 417? Read the Bill."
"Senate Bill 417 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. A fiscal note request that had been filed on the Bill has been withdrawn."
"Third Reading. Mr. Clerk, read the Bill."
Clerk Rossi: "Senate Bill 417, a Bill for an Act in relation to alcoholic liquor. Third Reading of this Senate Bill."
"Mr. Lyons." Lyons, J.: "Thank you, Speaker, Ladies and Gentlemen of the House. Senate Bill 417 amends the Liquor Control Act of 1934. Provides that the tax imposed on manufacturers and importing distributors may be paid electronically. Provides that a manufacturer importing distribution who pays the tax electronically shall receive a discount of up to 1.75% to reimburse the manufacturer or importing distributor for the expense incurred at keeping and maintaining records prepared for filing the electric (sic-electronic) return remitting the tax and supplying data to the Department. Also, we put on there Amendment #1 which puts a ceiling on it to not exceed $1250 a month which more or less protects the smaller distributors and doesn't make a windfall opportunity for the larger. I'd ask for your favorable vote on this. Be happy to answer any questions."
"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass Senate 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 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 voted who wish? Mr. Clerk, take the record. On Senate Bill 417, there are 116 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 95. Mr. Clerk, read the Bill."
"Senate Bill 95, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Mathias, has been approved for consideration."
"Representative Mathias."
"Thank you, Mr. Speaker. Floor Amendment 1 to Senate Bill 95 again limits the scope of the Bill and it creates exemption for stating that doesn't apply to plats in excess of ten acres or to a consolidation that results in a plat of more than ten individual lots. Again, this limits the original Bill. And I ask for your support of Floor Amendment 1."
Speaker Hartke: "Is there any discussion on Floor Amendment #1? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to Senate Bill 95?' All those in favor signify by vo... saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Senate Bill 489, Representative Dart. Out of the record. Senate Bill 493, Representative Reitz. Out of the record. Senate Bill 518, Representative Hamos. Out of the record. Senate Bill 699, Representative Hoffman. Out of the record. Senate Bill 725, Representative Dart. Mr. Clerk, read the Bill."
Clerk Bolin: "Senate Bill 725, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Floor Amendment #2, offered by Representative Dart, has been approved for consideration."
"Representative Dart."
"Thank you, Mr. Speaker, Members of the House. Floor Amendment 2 is a clarification of language that we had deleted in here. This is an attempt to lessen the burden on non for profits in choosing their names and we're just trying to put clarifying language in here. And I'd move for its adoption."
Speaker Hartke: "Is there any discussion on Floor Amendment #2? The Chair recognizes Representative Durkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative Dart, will this legislation allow someone to facsimile a request over to the Secretary of State's Office in order to be licensed?"
"I believe you're probably referencing the Bill itself."
"Maybe I'm thinking about DUI issues last week. My mistake. I withdraw the question."
"The question is, 'Shall the House adopt Floor Amendment #2 to Senate Bill 725?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Senate Bill 754, Representative Granberg. Out of the record. Senate Bill 789, Representative Dart. Mr. Clerk, read the Bill."
"Senate Bill 789, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Dart, has been approved for consideration." 36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"Thank you, Mr. Speaker. Floor Amendment #2 was the request of the committee to insure that these reports that the original Bill are gonna require Amendment #1... I'm sorry... to make sure that they are only received upon the request of Legislators and not sent to them automatically. And there was also some language the Comptroller's Office asked just to clarify that their role was not gonna be changed. I move for its adoption."
"Is there any discussion on Floor Amendment #1? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to Senate Bill 789?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
Speaker Hartke: "Third Reading. Senate Bill 795, Representative Hoffman. Out of the record. Senate Bill 796, Representative Hoffman. Out of the record. Senate Bill 846, Representative O'Connor. Out of the record. Senate Bill 861, Representative Mulligan. Rosemary Mulligan. Mr. Clerk, read the Bill."
Clerk Bolin: "Senate Bill 861, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
Speaker Hartke: "Third Reading. Senate Bill 862, Representative Meyer. ... Meyer. Out of the record. Senate Bill 885, Representative Cross. Out of the record. Senate Bill 887, Representative Ryder. Tom Ryder. 887. Mr. Clerk, read the Bill."
"Senate Bill 887, the Bill's been read a second time, previously. Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative 37 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Ryder, has been approved for consideration."
"Representative Ryder on Amendment #3."
"Thank you, Mr. Speaker. This Bill deals with the title insurance industry and previously, there were several controversies concerning some of the language and some of the assessment under the title insurance. With the adoption of this Amendment, I can say that the Bill becomes agreed by the industry and also by the Department of Financial Institutions. And I would appreciate your support."
"Is there any discussion on Floor Amendment #3? Mr. Hoffman."
"Will the Sponsor yield?"
"Sponsor will yield."
"Yes, just an inquiry of the Sponsor. Representative, has Amendment #1 and #2 been adopted?"
"Let's ask the Clerk."
"Mr. Clerk."
"I believe that's correct, but I'd like the Clerk to say for sure."
"Amendments 1 and 2 have been adopted to the Bill."
"So, the only thing that Amendment #3 does is requires each insurance company to remit $1.25 for each real estate policy by April 1, 2003 and every year thereafter instead of commencing remittance April 1 of this year. So, it gives a couple more years before they have to remit the money, is that what it does?"
"Representative, if I may, it was a timing situation in that we're doing this in the middle of the year and we need it to have a further date as to the time that the remittance takes place. So, we think that we're simply clarifying language by doing this in order to adjust to the 38 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 timing that the remittances need to take place."
"And this makes all the parties in agreement, is that correct?"
"It's my understanding, Representative."
"Thank you."
"My pleasure."
"Further discussion on Amendment #3? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #3 to Senate Bill 887?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendments are adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Senate Bill 862, Representative Meyer. Mr. Clerk, read the Bill."
Clerk Bolin: "Senate Bill 862, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
Speaker Hartke: "Third Reading. Senate Bill 888, Representative Hassert. Out of the record. Senate Bill 899, Representative Crotty. Mr. Clerk, read the Bill."
Clerk Bolin: "Senate Bill 899, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Bassi, has been approved for consideration."
"Representative Bassi."
"Thank you, Mr. Speaker, Members of the House. This is a Bill that we passed 114-0. It allows for the transfer of funds between three unrestricted funds: education operations, maintenance, and transportation. And I would request an 'aye' vote."
Speaker Hartke: "Is there any discussion on Floor Amendment #1? 39 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 The Chair recognizes Representative Hoffman."
"Will the Sponsor of the Amendment yield?"
"Sponsor of the Amendment will yield."
"Now, Representative Bassi, do you recall what House Bill that was on, previously?"
"It was House Bill 977 and it passed..."
"And what happened to that over in the Senate?"
"It didn't get out of Senate Rules."
"So, what you're doing you're just adding this to Representative Crotty's Bill, is that correct?"
"Correct."
"Now, this isn't just becoming the Bill. We're adding it to..."
"We're adding it to because the other part of the Bill also has to do with interfund transfers."
"Okay. And Representative Crotty's Bill is still intact under this?"
"Yes, it is."
"Okay, thank you."
"Further discussion? Seeing no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to Senate Bill 899?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
Speaker Hartke: "Third Reading. Senate Bill 915, Representative Slone. Out of the record. Senate Bill 926, Representative Erwin. Judy Erwin. Out of the record. Senate Bill 933, Representative Smith. Michael Smith. Out of the record. Senate Bill 945, Madigan-Boland. Out of the record. Senate Bill 989, Representative Schoenberg. Jeff 40 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Schoenberg. Out of the record. Senate Bill 991, Representative Madigan. Out of the record. Senate Bill 994. 991. You wanna call that, Representative Burke? Mr. Clerk, read the Bill."
"Senate Bill 991, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Senate Bill 994, Representative Poe. Mr. Clerk, read the Bill."
Clerk Bolin: "Senate Bill 994, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Poe, has been approved for consideration."
"Representative Poe."
"Mr. Speaker, Ladies and Gentlemen of the House. This is a Bill that we've passed before and what this Amendment does is actually changes the name so it'll work with the $3 million appropriation that's in the Governor's budget. At this time, the Department of Agriculture is supporting it. The Governor's Office is supporting it. And it'll change the effective date on construction of capital projects 'til 2003 budget, but the $3 million in the budget for planning money at this time and it does not include creation of infrastructure development board. So, this is basically the Bill that we've already voted on in the House and we've made these three small changes and we're wantin' to move it on. Thank you."
Speaker Hartke: "Is there any discussion? The Chair recognizes Representative Lawfer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, the only changes then are for the 41 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 capital construction grant timetable, is that correct?"
"Yes, we had that in the budget or in the Bill originally and it works out better when we're gonna start some of these value-added projects, maybe some co-ops and those things around the state. It'll take probably a year to have those planning grants and have the plans in place, so we actually probably won't need any capital money for at least another year. So, we can put that off 'til the 2003 budget."
"But if this Bill would become law, then the planning grants would be available when this took effect, is that correct?"
"Yeah, it'd be July 1, 2001. And currently, in the Governor's budget, there is $3 million in the budget for that."
"Well, I definitely think that we ought to take advantage of that proposal that the Governor placed in his budget and I understand, Representative, that this would be rules and regulations by the Department of Agriculture, is that correct?"
"Yes, Sir, and there are several provisions in there where the Department of Agriculture will submit reports back to the Governor's Office and Leadership of the House and the Senate."
"Well, I think this a step in the right direction to at least partially improve farm income and value-added for the products that are produced in Illinois. I plan on supporting this Bill. Thank you."
Speaker Hartke: "Further discussion? The Chair recognizes Representative Hoffman."
"Sponsor yield?"
"Sponsor will yield." 42 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"Yes, Representative, I just have an inquiry regarding the Amendment. Why do we have to change the timetable regarding the capital construction projects?"
"Basically, I think what we're lookin' at is that we're comin' down here to the last week of the budget and I think we're lookin' at constraints on the budget and capital money available. So, many of these farmer co-ops and I think, we got an example last year where there was money in the budget for a hog-producing plant and an ethanol plant and those haven't even taken effect yet and we're talkin' a year later. So, what we're sayin' here it's gonna take a year to get any of these projects online and even be available for capital money."
"Well, I guess my only concern is... I agree with the Bill and I agree with the underlying Bill. You just made reference... I believe, you made reference to a project that... Did we do that last year and it hasn't started? And now we're gonna put it on... off another year?"
"What happened is, you're aware of probably the Carlinville area where the hog-processing plants are having trouble... You know, I don't think they had their plan probably in order and maybe they got out in front of their plans. And I think what we're wantin' to do here is make sure they get their plans out in front of the project and know exactly... have a good program so that we can... when we go into community, we're ready to build the thing. And we actually probably got the capital money that year ahead of the planning stage."
"Okay. I just want to make sure that all the organizations who are... were originally in support of your Bill are still in support."
"They're all in supports and all... yeah, support it. And 43 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 also, since then we've brought on the Department of Ag and the Governor's Office."
"Thank you."
Speaker Hartke: "Further discussion? The Chair recognizes Representative Novak."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Mr. Poe, what kind of entities will be eligible to derive benefits from this program? You talked about grants."
"Yeah, this is value-added right now and what we're talkin' about is planning grants. As many of you know, we had trouble, like two years ago, that in the... especially in hog processing and we need some... we're way short on the..."
"Mr. Poe. We've run into a little problem. Can we take this Bill out of the record, momentarily?"
"Do you want me to? I can if you want me to."
Speaker Hartke: "Okay. We'll take this Bill out of the record. Senate Bill 991, Representative Burke. Mr. Clerk, read the Bill. Mr. Clerk, read the Bill."
"Senate Bill 991, a Bill for an Act concerning the Cook County Forest Preserve District. Third Reading of this Senate Bill."
"Representative Burke."
"Thank you, Speaker, Members of the House. This is a quick-claim matter and it would authorize the Cook County Forest Preserve District to convey various parcels of land located within the district. This is identical language to that that was added to House Bill 3247, Representative Hassert, in Amendment #1. That matter passed out of the Executive Committee with a vote of 13-0. And I would ask for the Body's favorable consideration. And be happy to 44 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 answer any questions if there are any."
Speaker Hartke: "Is there any discussion? The Chair recognizes Representative Parke."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, I'm sorry. I didn't understand what you... Did the Amendment become the Bill? Did you change what it was originally?"
"Yes. Let me defer to Representative Hassert. I think he's... Mr. Speaker, if Mr. Hassert could answer that question, possibly?"
"Representative Hassert."
"My question was, Representative, does this Amendment become the Bill? Did we take this Bill and amend another Bill onto this?"
"Representative Burke."
"Representative Parke, there are no Amendments on this Senate Bill. There was an Amendment on the House Bill 3247. Is that your question?"
"All right. Yes, it is. Did... When you presented the Bill, have you heard of anybody that is in opposition to these parcels of land being taken from the Cook County Forest Preserve..."
"No."
"...District?"
"As we heard the Amendment to House Bill 3247... and again, it passed unanimously, there was no opposition presented."
"Now, this totals 68,000 acres? Or is it six acres... Oh, it's six acres of the 68,000 acres owned by the district. Is that right, it's six acres?"
"Yes." 45 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"And this is five parcels..."
"Four."
"Four parcels now."
"All within the Cook County Forest Preserve District."
"Now, isn't there... Is there any concern or any appraisal done on this land? Isn't there concern that we are... I thought we always had a policy that we didn't give any of the Cook County Forest Preserve land away to anybody, that was almost sacred. Is this a new... Is this a change from that philosophy that the Cook County Board had... Forest Preserve Board had for years that would not allow easements or anything? I remember, in my district, we had to move a car dealership because the road had to be widened and the Forest Preserve would not allow a small strip of land to be taken for the expansion and that was only six years ago. Is this... Has the Board have a new philosophy of allowing some of their property to be eased and easements to other projects?"
"As far as I'm aware, there is no new policy, no new board approved action that would permit that. I think it's standard operating procedure."
"And they... Then the county board... Cook County Board has done that before?"
"Pardon me?"
"They've done that before. I mean, this is not..."
"This is not an unusual action. This is a rather routine operation."
"Okay. Well..."
"In my experience here, I think it's been a commonplace situation."
"Well, I guess I have no problem with the underlying Bill. I just... I do have a philosophical problem that I just 46 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 think that Forest Preserve property ought to be protected as much as possible and I think only in extreme cases ought we take land from the Forest Preserve. I mean, this is land that has been there for the purpose of all people in Cook County and the State of Illinois and I'm just concerned that we don't start a precedent of giving up this land because I know that in my district, about six years ago, I had to... we had to have a car dealership move a part over a little ways because the Forest Preserve said, no, we couldn't have it. So, I just... I guess I'm sending a message to the Forest Preserve Board to be very careful in protecting that land. Thank you."
"Further discussion? The Chair recognizes the Gentleman from Madison, Representative Hoffman."
"Yes, I would like to rise in support of the Gentleman's Senate Bill 991. It's my understanding in response to the previous speaker, what we need to do here and all we're doing here is we're allowing the Forest Preserve to convey certain parts of land into Cook County Illinois area. The Forest Preserve wants to do it. We need legislative authority to do it. I say, let's do it. I urge an 'aye' vote."
"Representative Burke to close."
"Thank you, Speaker. Just so there isn't any confusion in the Body I don't want it to be misunderstood that this is a quick take matter, this is a quick claim. So in fact, the county board through the Cook County Forest Preserve is quick deeding property to individual property owners. It's a commonplace action. It is happened historically. It's nothing unusual. It's all in the open. There is nothing hidden about this matter. Within the Body of the Senate Bill you will find the legal description of the properties. 47 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 It's not extensive. It has been not objected to by any parter... party that we are aware of and certainly it's a routine matter that would require, as the previous speaker suggested, legislative action. And I would be..."
"Mr. Burke."
"I ask the Body's favorable consideration."
Speaker Hartke: "Mr. Burke, I granted you a right to close, but Mr. Black had his light on so I do want to recognize Representative Black."
"Mr. Speaker, with the permission of the Chair I'd like to just ask the Sponsor one question."
"The Sponsor will yield."
"Now he's closed, he's certainly within his rights to say no."
"No, he wouldn't do that. Sponsor will yield."
"Representative, all I'm trying to figure out is who is buying the land for what purpose? If you're going to do a quick claim deed you must have a buyer in the wings. I'm just curious as to who the buyer might be?"
"Mr. Black, in response to your inquiry we... it appears do not have individual names of owners, but what I might remind you and certainly your familiar with the practices in county boards and Forest Preserve Boards that they would take under consideration applications and moves to acquire certain properties under their control and the Board would then make that approval and then forward it to us in this quick claim legislation. So in fact, we do not have the names and I'm not aware of... IDOT is also recommending this action."
"So, whoever the buyer may be or interested in buying it."
"Mr. Black, this might very well be a governmental entity that is..." 48 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
"And I understand that, but it would not come back to us for approval it would go to the Cook County Board, correct?"
"Yes, Sir. Yes, Sir."
"Okay, thank you."
"Mr. Burke to close, again."
"Thank you, Speaker. And I think the matter has been discussed sufficiently and again just to remind the Members this is not a quick claim... quick take it's a quick claim. Something that those that sit on the county board and those that sit on the Forest Preserve Board have approved. I do not know the individual owners, but I might recommend that it is very often the case that governmental entities would be taking up this property for road usage or other governmental use. We know that IDOT has weighed in on the issue, and I would suspect that this might very well be a road situation and I would ask again for the Body's favorable consideration."
"The question is, 'Shall the House pass Senate Bill 991?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. All voted who wish? Have all voted who wish? Mr. Clerk. Have all voted who wish? Mr. Clerk, take the record. On Senate Bill 991, there are 71 Members voting 'yes', 41 Members voting 'no', 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1033, Representative Curry. Out of the record. Senate Bill 1089, Representative Saviano, Mr. Saviano. Out of the record. Senate Bill 1175, Representative Klingler, Representative Klingler. Out of the record. Senate Bill 1176, Representative Moore, Andrea Moore. Out of the record. Senate Bill 1177, 49 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Representative Moore. Out of the record. Senate Bill 1259, Representative Burke. Mr. Clerk, read the Bill."
Clerk Rossi: "Senate Bill 1259, a Bill an Act in relation to the General Assembly. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."
"Third Reading. Senate Bill 1276, Representative Coulson. Mr. Clerk, read the Bill."
Clerk Rossi: "Senate Bill 1276 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. Floor Amendment #2, offered by Representative Coulson, has been approved for consideration."
"Representative Coulson on Floor Amendment #2."
"Amendment #2 adds to the Bill. The Bill would allow for 19 members, we're adding a 20th member to the Pharmaceutical Assistance Review Committee. That 20th member would be from the Illinois Retail Merchants Association."
Speaker Hartke: "Is there any discussion on Floor Amendment #2? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #2 to Senate Bill 1276?' All in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Senate Bill 1283, Representative May, Karen May. Out of the record. Senate Bill 1284, Representative Wait, Ron Wait. Out of the record. Senate Bill 1285. Out of the record. Senate Bill 1309, Representative Hoffman. Mr. Clerk, read the Bill." 50 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001
Clerk Rossi: "Senate Bill 1309 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. Floor Amendment #2, offered by Representative Hoffman, has been approved for consideration."
"Representative Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #2 incorporates all the provisions in House Amendment #1, but has two technical changes. What it would do, it would request the Illinois Commerce Commission... at the request of the Illinois Commerce Commission to call the Bill, the restricted call registry, rather than the no-call registry. And also it indicates that people who do business in telemarketing must actually purchase the database from the Illinois Commerce Commission. I ask for an 'aye' vote... or I ask for it... that it be adopted, I apologize."
Speaker Hartke: "Is there any discussion on Floor Amendment #2? Representative Cross."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Is the Commerce Commission now on board with this, Jay?"
"These were incorporated at the request of the Commerce Commission. I think that with regard to the changes and the underlying language of the Bill, they are okay with the Bill, however, they believe that it may take some type of an appropriation in order to institute this. And until we have that appropriation, they're not willing to say they're in favor of it."
"You don't think this would be a concept we ought to just put in the telecommunications rewrite Bill?"
"The problem is, I don't know if we'll ever have a 51 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 telecommunications rewrite Bill. This is something that I think has happened in, I believe, 21 states. We would be either be the 21st or the 22nd state to allow people to sign up on a no-call database where they could sign up and stop getting the type of telephone solicitations they don't want and they don't need."
"Would this apply... and I know you've had some Bills similar to this or in this area with campaign calling. Does this apply to those, those types of calls, Jay?"
"No, it would not."
"So your Amendment has nothing to do with that, the Bill has nothing to do with that?"
"Nothing to do with it."
"And you don't want to put it in a telecommunications rewrite Bill? Sounds like a good move."
"Thank you."
"All right."
"Further discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #2 to Senate Bill 1309?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendments are adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, what is the status of Senate Bill 1259?"
Clerk Rossi: "Senate Bill 1259 is on the Order of Senate Bills-Third Reading."
Speaker Hartke: "Move that Bill back to Second Reading for the purpose of an Amendment at the request of the Sponsor. Senate Bill 1504, Representative Bellock, Patty Bellock. Out of the record. Senate Bill 1522, Representative 52 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 Mathias. Mr. Clerk, read the Bill."
"Senate Bill 1522 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Mathias, has been approved for consideration."
"Representative Mathias."
"Thank you, Mr. Speaker. Floor Amendment 1 creates the... becomes the Bill and it creates the Small Business Advisory Act to require all state agencies to create Web space dedicated to small businesses in plain language, explanations of the rules and regulations affecting those businesses. This Bill was offered by DCCA, supported by the NFIB, and I ask for your support. There are no opponents."
"Is there any discussion to Floor Amendment #1? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to Senate Bill 1522?' All in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Agreed Resolutions."
Clerk Rossi: "House Resolution 312, offered by Representative Saviano; House Resolution 311, offered by Representative O'Connor; House Resolution 313, offered by Representative Johnson; House Resolution 314, offered by Representative Barbara Currie; House Resolution 316, offered by Representative Dale Righter; House Resolution 317, offered by Representative Dale Righter; House Resolution 318, offered by Representative May; House Resolution 319, offered by Representative Lang; House Resolution 320, offered by Representative Lang; House Resolution 321, 53 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 offered by Representative Black; House Resolution 322, offered by Representative Black; House Resolution 323, offered by Representative Black; House Resolution 324, offered by Representative Krause; House Resolution 325, offered by Representative Krause; House Resolution 327, offered by Representative Slone; House Resolution 328, offered by Representative O'Brien."
"You've heard the Agreed Resolutions. All those in favor sig..."
Clerk Rossi: "House Resolution 330, offered by Representative Daniels; House Resolution 331, offered by Representative Daniels; House Resolution 332, offered by Speaker Madigan; House Resolution 335, 336, 337, and 338, offered by Representative Cowlishaw; House Resolution 339, offered by Representative Moore; House Resolution 341, offered by Representative Fowler; House Resolution 343, offered by Representative McCarthy; and House Resolution 344, offered by Representative Morrow."
"You've heard the Agreed Resolutions. All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Agreed Resolutions are adopted. Committee schedule, Mr. Clerk."
Clerk Rossi: "A House Committee schedule has been passed out. The following committees will meet tomorrow. At 10:00 a.m. the Appropriations-Human Services Committee will meet in Room 114. At 12 noon the Appropriations-Public Safety Committee will meet in Room 118; the Commerce & Business Development Committee will meet in Room 122-B; the Counties & Townships Committee will meet in Room C-1; and the Human Services Committee will meet in Room D-1. At 12:30 p.m. the Registration & Regulation Committee will meet in Room 118; the Transportation & Motor Vehicles Committee in Room 54 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day May 21, 2001 114; and the Judiciary II-Criminal Law Committee in Room D-1. Immediately after adjournment tomorrow, the Cities & Villages Committee will meet in Room 118; and the Personnel & Pensions Committee in Room 114."
Speaker Hartke: "Representative Lang now moves, allowing perfunctory time for the Clerk, that the House stand adjourned until the hour of 1:00 p.m. on May 22nd. All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the House does stand adjourned." 55