Illinois House Floor Debate — May 24, 2001

"The House shall come to order. The Members shall be in their chairs. We shall be led in prayer today by Pastor DeWayne Taylor of the Dorrisville Baptist Church in Harrisburg, Illinois. Pastor Taylor is the guest of Representative Fowler. The guests in the gallery may wish to rise and join us for the invocation and the Pledge of Allegiance."

"Would you bow with me please in a word of prayer. Heavenly Father, how we thank You for this day that You have given us. We thank You, Father, for our government. We thank You for these men and women who have served faithfully through the years in the conducting of that business. Father, we thank You for this great country that You have given us, the freedoms that we enjoy. We thank You for democracy as we see it work day by day, both at the state and the national level. Father, we look forward to this Memorial Day weekend and we think about each one who have laid their life on the line, each one who never came home. And they've bled for us and died for us that we could have the freedoms that we enjoy as Americans. Thank You for their sacrifice. Now we pray, Father, for these Representatives that You would give them the divine wisdom that they need as they conduct business today. And Jesus, I pray in Your precious name. Amen."

Fowler - 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: "Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record show that we have no excused absences to report today." 1  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

"Mr. Poe."

"Mr. Speaker, let the record show that Representative Jerry Mitchell and Representative Sommer is excused today."

Speaker Madigan: "Mr. Clerk, take the record. There being 115 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Poe."

"Mr. Speaker, I neglected to say John O. Jones also will be excused today."

"Thank you. Mr. Clerk."

Clerk Rossi: "Committee Reports. Representative Schoenberg, Chairperson from the Committee on State Procurement, to which the following measure/s was/were referred, action taken on Thursday, May 24, 2001, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 3143. Representative Saviano, Chairperson from the Committee on Registration & Regulation, to which the following measure/s was/were referred, action taken on Thursday, May 24, 2001, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to Senate Bill 263. Representative Crotty, Chairperson from the Committee on Children & Youth, to which the following measure/s was/were referred, action taken on Thursday, May 24, 2001, reported the same back with the following recommendation/s: 'recommends be adopted' a Motion to Concur with Senate Amendment #1 to House Bill 3055. Representative Feigenholtz, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on Thursday, May 24, 2001, reported the same back with the following recommendation/s: 'recommends be adopted' a Motion to Concur with Senate Amendment #1 to House Bill 446; 'recommends be adopted as 2  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 amended' House Joint Resolution 39. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on Thursday, May 24, 2001, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 188. Representative Lyons, Chairperson from the Committee on Revenue, to which the following measure/s was/were referred, action taken on Thursday, May 24, 2001, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 and 3 to Senate Bill 75, and a Motion to Concur with Senate Amendment #1 on House Bill 1277, and a Motion to Concur with Senate Amendment #1 to House Bill 3288. Introduction of Resolutions. House Resolution 370, offered by Speaker Madigan; House Resolution 372, offered by Representative Winkel; House Resolution 374, offered by Representative Mulligan; and Senate Joint Resolution 33, offered by Representative Saviano, are assigned to the Rules Committee. Introduction and First Reading of House Bills. House Bill 3627, offered by Representative Erwin, a Bill for an Act in relation to vehicles. Introduction and First Reading of this House Bill."

Speaker Madigan: "Mr. Daniels, do you have a Resolution? Mr. Daniels."

"House Resolution 381."

"Mr. Clerk, read the Resolution."

"House Resolution 381. HOUSE RESOLUTION 381 WHEREAS, The Members of the Illinois House of Representatives offer our sincere congratulations to the 2001 Timothy Christian High School Lady Trojans Track and Field Team, Coach Kevin Hackert 3  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 and Assistant Coach Dan Van Prooyen on their second state championship in three years; and WHEREAS, The Lady Trojans won the Class A Track and Field Championship with a total of 63 points, including first place finishes in the 800 medley and the 1,600 relay events; and WHEREAS, The team members worked countless hours over the past months; and WHEREAS, Tafesah Storey, in only her junior year, won a very impressive 4 individual medals; and WHEREAS, Senior Laura Hamilton ended an amazing high school career by taking second in the 300 meter intermediate hurdles; and WHEREAS, We recognize the hard work and dedication of Head Coach Kevin Hackert and Assistant Coach Dan Van Prooyen to continue the winning tradition at Timothy Christian High School that includes four Class A Track and Field State Championships in the past nine years; and WHEREAS, We recognize that this victory is also shared by families, friends, the Elmhurst community and the entire student body of Timothy Christian High School, who have supported the team all season; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby offer our congratulations to Head Coach Kevin Hackert, Assistant Coach Dan Van Prooyen and the Lady Trojans of Timothy Christian for once again winning the Class A Track and Field State Championship on May 19, 2001; and be it further RESOLVED, That a suitable copy of this resolution be presented to Head Coach Kevin Hackert, Assistant Coach Dan Van Prooyen, and 4  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 the entire Timothy Christian Lady Trojan Track and Field Team."

"Mr. Daniels."

"Mr. Speaker, Ladies and Gentlemen of the House, I'm pleased to be joined by Representative Biggins and Representative Durkin in proudly representing the Lady Trojans from the Timothy Christian School in Elmhurst, Illinois. They are the Class A track champions of the State of Illinois finishing in first place. Now, what's significant about this is this team that you see back here in the back of the chamber, a group of wonderful young women, scored the highest score ever in the history of this event for a team and deserve extra applause for that effort. Mr. Speaker and Ladies and Gentlemen of the House, I am joined by Coach Kevin and Coach Dan, who are with me at the desk right now as proud coaches of this wonderful team. When I asked them, is there one or two of these fine track stars that I should identify, they said, you know what, this is a team and they did this as a team together. And I think that speaks volumes not only for this great champion team, but also the make-up of the people that are in it. I can't tell you how proud I am to see these young women here in Springfield. Let me make sure you all understand how absolutely proud they are to be here with you today and have you honor them. So, Mr. Speaker, I would ask that the General Assembly adopt House Resolution 381 in recognizing Coach Kevin, Coach Dan, the championship team, the Lady Trojans track and field champion team from Timothy Christian High School, Elmhurst, Illinois."

"Mr. Daniels, anything further?"

"Just move to adopt the Resolution, Sir."

"The Gentleman moves for the adoption of the Resolutions. Those in favor say 'aye'; those opposed say 5  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 'no'. The 'ayes' have it, and the Resolutions are adopted. Mr. Clerk. The Chair recognizes Representative Cowlishaw. Mr. Clerk, do you have Resolutions to read? Read the Resolutions."

"House Resolution 336, offered by Representative Cowlishaw. HOUSE RESOLUTION 336 WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in high school sports in the State of Illinois; and WHEREAS, The Naperville North High School Boys' Gymnastics Team has had an outstanding placement in several recent competitions; the team finished in First Place in the DuPage Valley Conference held at Wheaton North High School on April 20, 2001; they placed first at the Illinois High School Association Gymnastics Sectional Tournament held at Downers Grove High School on May 4, 2001; and they advanced on to the Illinois High School Association State Gymnastics Tournament held at Schaumburg High School, where, on May 11, 2001, they finished in First Place to become State champions; and WHEREAS, The Naperville North High School Boys' Gymnastics Team consists of Ross Bradley, Brad Carn, Will Cordray, Wes Gruenberg, Jim Hastings, Chad Jaros, Josh Riddle, Adam Rahmel, and Brad Soelke; their coach is Dick Raab, and the assistant coaches are Chris Stanicek and Edsel Clark; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Naperville North High School Boys' Gymnastics Team on becoming State champions; and be it further 6  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 RESOLVED, That a suitable copy of this resolution be presented to the principal of Naperville North High School and Boys' Gymnastics Team coach."

"House Resolution 337, offered by Representative Cowlishaw and Hultgren. HOUSE RESOLUTION 337 WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in high school activities in the State of Illinois; and WHEREAS, The Naperville North High School Math Team has had outstanding placement in several recent competitions; the team finished in First Place in the Regional contest sponsored by the Illinois Council of Teachers of Mathematics at the College of DuPage on February 24, 2001; and WHEREAS, Therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Naperville North High School Math Team on winning the Regional contest and the State of Illinois Math Contest; and be it further RESOLVED, That a suitable copy of this resolution be presented to the principal of Naperville North High School and the Math Team head coaches."

"House Resolution 338, offered by Representatives Cowlishaw and Hultgren. HOUSE RESOLUTION 338 WHEREAS, The Members of the Illinois House of Representatives are pleased to recognize milestone events in the history of high 7  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 school academic organizations in the State of Illinois; and WHEREAS, It has come to our attention that the Naperville North High School Worldwide Youth in Science and Engineering Team won first place with a perfect score of 496 out of 500 in the Regional Contest at Benedictine University on February 3, 2001; and WHEREAS, The Naperville North High School Worldwide Youth in Science and Engineering Team won first place with a perfect score in the Sectional Contest at the University of Illinois in Chicago on March 23, 2001; and WHEREAS, The Naperville North High School Worldwide Youth in Science and Engineering Team captured first place in the State Worldwide Youth in Science and Engineering Contest at the University of Illinois in Champaign on April 23, 2001; and WHEREAS, The Naperville North High School Worldwide Youth in Science and Engineering Team has brought great honor and distinction to their families, school, and community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Naperville North High School Worldwide Youth in Science and Engineering Team for their outstanding achievements and dedication to their school and community; and be it further RESOLVED, That a suitable copy of this resolution be presented to each member of the Naperville North High School Worldwide Youth in Science and Engineering Team as an expression of our esteem."

"Representative Cowlishaw."

"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, State Representative Randy Hultgren 8  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 and I each represent a portion of the Naperville North High School attendance area. So, Randy and I ask you to join with us in our sense of high pride in the achievements of the students in that high school. As you know from the Resolutions that have just been read, the students at Naperville North High School have won first place in the state in boys' gymnastics, first place in the state with their math team, and first place in the state with their science and engineering team. There is a philosophy at Naperville North High School that we nourish brilliant minds and extraordinarily healthy bodies. We don't know of any parent who would disagree with that. The students, many of them, are in the Speaker's gallery. And the students who are either the team captain or the head of that particular group, as well as the principal of Naperville North High School, and the coach or teacher for each of those three teams are here at Representative Hultgren's desk and at mine. One last note. You will see that there are some pretty magnificent trophies they are displaying for us. The two on Randy Hultgren's desk are for the math first place award and the science and engineering first place award. We put them at the front because they are in perfect condition. 0n the way down here, the trophy for the boys' gymnastics team broke. The statue on the top, you see, his wrist got tired and he simply fell right off of the trophy. But never fear, at Naperville North High School, there is nothing they cannot achieve. Their captain of their boys' gymnastics team simply put that gymnast back on there with masking tape. I ask you to join me in congratulating these wonderful young people."

Speaker Madigan: "The Lady moves for the adoption of the 9  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 Resolutions. Those in favor say 'aye'; those opposed say 'no'. The 'aye' have it, the Resolutions are adopted. The Chair recognizes Representative Lou Jones." Jones, L.: "Thank you, Mr. Speaker. I rise on a point of personal privilege."

"State your point." Jones, L.: "I would like the House to recognize a school from my district, Hartigan School and also one of their teachers, Gail Hudson. They're right up here behind me. Can we give 'em a round of applause, please."

"Mr. Clerk."

"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on May 24, 2001, reported the same back with the following recommendation/s: 'direct floor consideration' for the following Bills: Motion to Concur in Senate Amendment #1 to House Bill 1011, Motion to Concur in Senate Amendments 1 and 2 to House Bill 1069, Motion to Concur in Senate Amendments 1 and 2 to House Bill 2265, and Motion to Concur in Senate Amendments 1, 2, and 3 to House Bill 3576."

"Mr. Clerk, on page 2 of the Calender, on the Order of House Bills-Second Reading there appears House Bill 2370. What is the status of that Bill?"

"House Bill 2370, the Bill has been read a second time, previously. Amendments 1 and 2 were adopted to the Bill in committee. Floor Amendment #3, offered by Speaker Madigan, has been approved for consideration."

Speaker Madigan: "On the Amendment, the Chair recognizes Mr. Smith. Mr. Smith."

"Thank you, Mr. Speaker. Inquiry to the Chair. I believe the Amendment we should be on is Amendment #4." 10  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

"The Clerk advises that there is an Amendment #4. Mr. Clerk, take this Bill out of the record. And on the Calender, the next Bill, House Bill 2698, what is the status of that Bill?"

Clerk Bolin: "House Bill 2698, the Bill has been read a second time, previously. No Committee Amendments. Floor Amendment #1 has been adopted to the Bill. No further Floor Amendments have been approved for consideration. No Motions filed."

Speaker Madigan: "Place the Bill on the Order of Third Reading and read the Bill for a third time."

"House Bill 2698, a Bill for an Act in relation to pensions. Third Reading of this Senate Bill. Third Reading of this House Bill."

"Representative Currie."

"Thank you, Speaker and Members of the House. This is the Bill we amended yesterday to provide that former Members of the General Assembly can purchase up to two years of military time by virtue of paying their own share and the employer's share to turn those credits into General Assembly time. That is the same situation that current Members have. And as I say, there would be no cost to the system, no cost to the state. And I'd appreciate your support for this proposal."

Speaker Madigan: "The Lady 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? Two people have not voted. Has Representative Klingler voted? Has Representative Flowers voted? The Clerk shall take the record. On this question, there are 115 people voting 11  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Senate Bills-Third Reading there appears Senate Bill 396, Representative Coulson. Do you wish to call the Bill? The Lady indicates she does not wish to call the Bill. Senate Bill 504, Mr. Beaubien. The Gentleman indicates he does not wish to call the Bill. Senate Bill 598, Mr. Hassert. The Gentleman indicates he does not wish to call the Bill. Senate Bill 698, Representative Feigenholtz. Is Representative Feigenholtz in the chamber? The Lady indicates she does not wish to call the Bill. Senate Bill 789, Mr. Dart. Is Mr. Dart in the chamber? Senate Bill 888, Mr. Hassert. The Gentleman indicates he does not wish to call the Bill. Senate Bill 930, Mr. Hoffman. 930. The Gentleman indicates he does not wish to call the Bill. Senate Bill 933, Mr. Smith. Do you wish to call 933? Mr. Clerk, read the Bill."

Clerk Bolin: "Senate Bill 933, a Bill for an Act concerning health facilities. Third Reading of this Senate Bill."

"Mr. Smith."

"Thank you, Mr. Speaker and Ladies and Gentlemen. This is an initiative to clarify the definition of hospitals and hospital affiliates and their ability to employ physicians. In the current law, there are some ambiguity as to whether hospital affiliates could employ physicians. And this legislation simply clarifies that indeed they can. There were a couple Amendments adopted in committee to address concerns that were raised by the HMO industry, by the Cook County Hospital, and also by the Trial Lawyers. I know of no opposition to this legislation. I'd ask for an 'aye' vote."

"The Gentleman moves for the passage of the 12  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 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 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 980, Mr. Stroger. The Gentleman indicates he does not wish to call the Bill. Senate Bill 1011, Mr. Cross. The Gentleman indicates he does not wish to call the Bill. Senate Bill 1283, Representative Karen May. Karen May, 1283. Do you wish to call the Bill? Mr. Clerk, read the Bill."

Clerk Rossi: "Senate Bill 1283, a Bill for an Act in relation to audits. Third Reading of this Senate Bill."

"Representative May."

"We need to take this Bill back to Second for an Amendment."

"Mr. Clerk, would you put this Bill on the Order of Second Reading? Senate Bill 1284, Mr. Wait. Mr. Wait. Is the Gentleman in the chamber? Senate Bill 1493, Mr. Daniels. The Chair recognizes Representative Andrea Moore. Mr. Clerk, read the Bill for a..."

"Senate Bill 1493, a Bill for an Act in relation to senior citizens and disabled persons. Third Reading of this Senate Bill."

"Thank you, Mr. Speaker. Senate Bill 1493 amends the senior citiz..."

Speaker Madigan: "Representative Andrea Moore, just one second. Would the students in the gallery please sit down. Representative Cowlishaw, you're next, you should sit down, too. Representative Andrea Moore, on the Bill."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the 13  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 House, Senate Bill 1493 amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Basically, it standardizes the date to be on a fiscal year rather than a calendar year so that it coincides with the state's resources. I'd be happy to answer any questions."

Speaker Madigan: "The Lady 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 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. The Chair would like to recognize the presence in the gallery of a former Member of the House and Senate and former United States Senator Alan Dixon. Alan Dixon. The Clerk for a Committee Report."

Clerk Bolin: "Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on Thursday, May 24, 2001, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 304, House Resolution 326, and House Resolution 333; Motion to Concur with Senate Amendments #1 and 2 to House Bill 1096 and Motion to Concur with Senate Amendments 1 and 2 to House Bill 1692."

Speaker Madigan: "On the Order of House Bills-Second Reading there appears House Bill 2370, Mr. Smith. Mr. Clerk, what is the status of the Bill?"

Clerk Bolin: "House Bill 2370, the Bill has been read a second time, previously. Amendments 1 and 2 were adopted in 14  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 committee. Floor Amendment #3, offered by Representative Smith, has been approved for consideration."

"Mr. Smith on Amendment #3."

"Thank you, Mr. Speaker. I would like to withdraw Amendment #3."

"Amendment #3 shall be withdrawn. Mr. Clerk, are there further Amendments?"

Clerk Bolin: "Floor Amendment #4, offered by Representative Smith, has been approved for consideration."

"Mr. Smith on Amendment #4."

"Thank you, Mr. Speaker. Amendment #4 becomes the Bill, incorporates the changes that were approved previously in the first three Amendments. This is... only applies to the State University's Retirement System, includes a number of provisions that have been approved by both the Pension Laws Commission and by the Personnel and Pensions Committee here in the House. The only change that is added in Amendment #4 is to make the 30 and out provision a permanent provision in that Pension Code, currently that is set to expire at the end of calendar year 2002. That's the only change that is made in Amendment #4. I'd be happy to answer any questions."

Speaker Madigan: "The Gentleman moves for the adoption of Amendment #4. The Chair recognizes Mr. Parke."

"Thank you, Mr. Speaker. Representative..."

"Mr. Smith is the Sponsor."

"Where's Mr... Oh, back over here? Thank you. Representative, I'm just curious, can you just highlight three of the major points of your Amendment? Because I had trouble hearing what you were saying."

"Ladies and Gentlemen, if you could give your attention to Mr. Smith." 15  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

"I can... Representative Parke, I can indicate the major items that are in Amendment #4. They were in previous Amendments that have been approved, but... the... And this only applies to the University Retirement System. First provision would increase the annuity from the minimum annuity for survivors. Also, would provide that widows do not forfeit benefits upon remarriage. Would allow for faster increases in disability benefits. Would make the 30 and out provision permanent in the Retirement System. And finally, it would encourage the SURS system to use minority, female, and disabled-owned investment firms."

"On that part, it just encourages, it doesn't set a percentage of use or anything? It's just a way of..."

"That's right, it's just an encouragement."

"All right. Now, on the proposal, you said they've been approved prior by this Body. We voted on all of these previously?"

"They have been approved by the Pension Laws Commission and by the Personnel and Pensions Committee."

"Okay. Now, is the system... what is the funding of that system? What percentage of funding is in that system now, is it 60%, 80%?"

"I'm not sure the exact amount, Representative Parke, but I believe they are the highest among the state systems. I believe it's in the 80% range, some perhaps as high as 85%."

"The last question then, has the administration of that system signed off on this?"

"Yes, all of these are proposals from the trustees of that system."

"Thank you. I have no further questions."

"Mr. Bost." 16  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

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

"Sponsor yields."

"Specifically, Representative, there was some language that was for... that I know that I carried through the commission and then on to the committee dealing with allowing State Police to count their time as the university police officers. Is that in this Bill or is that another one up-and-coming?"

"No, Representative Bost, that is not in this Bill."

"Okay. Thank you."

"The question is, 'Shall this Bill pass?' Those in favor signify... Mr. Smith moves for the adoption of the Amendment. Those in favor say 'yes'; those opposed say 'no'. The 'ayes' have it, the Amendment is adopted. Are there any further Amendments?"

"No further Amendments. No Motions filed."

"Third Reading."

Clerk Bolin: "A fiscal note has been requested on the Bill as amended and has not been filed."

"Mr. Clerk, could you repeat what you just said?"

Clerk Bolin: "A fiscal note has been requested on the Bill as amended and the note has not been filed."

"Mr. Clerk, on House Bill 2370, has the fiscal note been withdrawn?"

Clerk Bolin: "The fiscal note request was made and that request has now been withdrawn."

"So, place the Bill on the Order of Third Reading. And read the Bill for a third time."

Clerk Bolin: "House Bill 2370, a Bill for an Act in relation to public employee benefits. Third Reading of this Senate... Third Reading of this House Bill." 17  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

"The Chair recognizes Mr. Smith."

"Thank you, Mr. Speaker. As I... we just stated in the Amendment #4, which became the Bill, this is the administrative Bill for the University Retirement System, incorporates a number of changes that have all been approved by the trustees of that system and by the Pension Laws Commission. I know of no opposition to this legislation. Be happy to answer any further questions."

"Mr. Parke."

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

"Sponsor yields."

"Now, what you said, Amendment 4 is the Bill, there are no other underlying parts, it is... Amendment 4 became the Bill and that's what we're voting on?"

"That is correct."

"I have no further questions."

"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? Has Mr. Stroger voted? The Clerk shall take the record. On this question, there are 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, if we could have your attention. We plan to go to party caucuses. Mr. Parke."

"It's another item when you're finished here, Sir."

Speaker Madigan: "And for that purpose, we recognize Representative Lindner. Lindner. Caucus."

"Yes, we would request an immediate caucus."

"Right."

"The Republicans would request an immediate caucus."

"Correct. And Mr. Acevedo, not here. The 18  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 Democrats will go to caucus in Room 114 and the Republicans in Room 118. Immediate caucus. Caucus will be concerned with the budget and with reapportionment in terms of the Democrats. 114 immediately. Well, you should... at a minimum, you should plan one hour."

Speaker Hartke: "House shall come to order. Representative Hartke in the Chair. On the Order of Concurrences appears House Bill 446. Representative Wirsing, would you explain Senate Amendment #1?"

"Thank you, Mr. Speaker, Members of the House. I think I'm getting like everybody else, losing my voice. Senate Amendment #1 to House Bill 446, which simply becomes the Bill, creates the... continues to... creates the Organ Donor Donation Task Force. Public Health shall establish that Task Force to study the various laws and rules regarding organ donation to determine whether consolidation or other changes are needed. The Illinois State Medical Society, organ procurement agencies, and the Illinois Eye Bank, and it keeps most of the underlying Bill as maintained. What it removes, the close friend and surrogate decision maker from priority list... change in the priority of decedent's guardian of the person for a high priority to one of the last... There's three issues in the Amendment that really add to some of the underlying Bill that was there and has maintained that. Hope that is enough explanation. And I'll be glad to answer any questions, Mr. Speaker."

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

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

"Sponsor will yield." 19  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

"Representative, it's my understanding that the Senate Amendment becomes the Bill, is that correct?"

"That is correct."

"Thank you."

"The Chair recognizes Representative Brady."

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

"Sponsor will yield."

"Representative, can you clear up for me, was the change made as far as taking close friends out of the Bill as far as being able to consent for donation?"

"Yes, it removed the close friend of the patient from the Bill. That was one area. The concern was is the determ... who determines or what determines who is a close friend. And in the Senate, there was some concern about that. So, that was a reason for just simply removing it then with the Amendment."

"So, in essence then, we're back to a Bill... to a law that just has immediate next of kin and that definition... Close friends are not in that definition in any way, shape, or form?"

"That's right."

"Okay. Thank you very much."

"Further discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 446?' All those in favor will simply vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative... Have all voted who wish? Representative Jones, would you like to vote? Shirley Jones. Lou Jones. Mr. Murphy. Okay. Mr. Clerk, take the record. On this question, there are 110 Members voting 'yes', 1 Member voting 'no', and 6 Memb... 1 Member 20  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 446. And this Bill, having received a Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Parke. For what reason do you seek recognition?"

"Thank you, Mr. Speaker. I'm just... announcement to the Members. I have an American Legion speech for Memorial Day. If anybody did not receive it, come and pick it up at my desk. Thank you."

Speaker Hartke: "Thank you, Mr. Parke. Page 4 on the Calendar, on Senate Bills-Third Reading appears Senate Bill 1284, Representative Wait. Mr. Clerk, read the Bill."

Clerk Bolin: "Senate Bill 1284, a Bill for an Act in relation to accounting. Third Reading of this Senate Bill."

"Representative Wait."

"Thank you, Ladies and Gentlemen. Thank you, Mr. Speaker. Yes, Senate Bill 1284 is the renewal of the CPA Bill. This is a Bill that has changed a little this year. Instead of being with the University of Illinois, they are now setting up a new board. It will be the 10-year Bill come under the sunset law. Everybody seems to be in compliance with it. The CPA's are for it, the nonlicensed accountants are for it, and the Governor is for it. I'd be happy to answer any questions."

"Is there any discussion? The Chair recognizes Representative Winkel."

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

"Sponsor will yield."

"Representative Wait, is everybody on board with your Bill?"

"Yes, they are."

"Okay. Representative Wait, is it accurate to say that 21  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 no infringement of practice rights of unlicensed practitioners would be anticipated nor condoned by the administrative powers being granted by this Act to the new board of examiners?"

"Yes, that is accurate."

"Thank you, Representative. Would you please clarify if 'holding out' pertains to advertising by the individual practitioner and not as to how the practitioner is viewed in the public sector on how the practitioner is actually presenting his or her credentials, 'holding out', and any advertising media prepared on behalf of himself or herself?"

"Yes, that would be an accurate understanding of the term 'holding out'."

"Representative, it has been acceptable under prior boards of accountancy, as well as by the Department of Professional Registration and Regulation, to accept the use of earned credentials; ABA, ATA, ATP, and EA, by those practitioners duly conferred such designations by their respective sanctioning organizations. Now, Representative, is it your understanding that the use of these credentials would continue to be acceptable by the newly designated Board of Examiners under this Act?"

"There's no intent to change the acceptable use of these or any other similar earned credentials by any practitioner not currently covered under the Act."

"Representative, if Senate Bill 1284 does become law, will it impair the ability of nonlicensed CPA accountants to continue to perform accounting services that they are currently legally performing?"

"Nothing in this Bill is intended to impair a nonlicensed accountant from continuing their current legal service or 22  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 engagements."

"Thank you, Representative. I appreciate your efforts on Senate Bill 1284 and I intend to vote 'yes'."

"Thank you."

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

"Thank you very much, Mr. Speaker. Will the Sponsor... I'm sorry, Mr. Speaker, an inquiry of the Chair."

"State your inquiry."

"What Floor Amendments are on this Bill?"

"Mr. Clerk."

"Floor Amendment #2 has been adopted to the Bill."

"Further inquiry. What happened to Floor Amendment #1, was it withdrawn or tabled?"

"Floor Amendment #1 remains in the Rules Committee."

"Floor Amendment #1 remains in the Rules Committee."

"That's what he said."

"Well, then I'm confused. I don't know whether to vote for the Bill. If Floor Amendment #1 is still in Rules Committee, that may be a very important Amendment that we haven't discussed. So, perhaps the Gentleman could tell me what's in Floor Amendment #1."

"Are you directing that question to the Clerk or to Mr. Wait?"

"I'm asking the Sponsor."

"Mr. Wait."

"Floor Amendment #1 may be the integral part of the Bill."

"Mr. Wait."

"Yes, thank you very much. Floor Amendment #1 was a flawed Amendment. What is included in Floor Amendment #2 includes #1, but is more inclusive and is correct."

"So, it's all right with you if Floor Amendment #1 is in 23  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 the Rules Committee?"

"Yes, that is fine."

"Well, so many of our Amendments seem to go there to die, I just wanted to make sure that your Bill is in the shape that you want it. So, by some grand scheme, you were able to get Floor Amendment #2 out?"

"Yes, we were. And that is the correct Amendment. And basically, it satisfies the Department of Professional Regulation..."

"I have all the confidence in the world in you and Representative Tenhouse. I am a little disappointed that you weren't able to get Floor Amendment #1 out. But if #2 takes care of 1, then we don't need 1, we're voting on 2, which adds to the Bill, and the Bill is now in the form that you would prefer."

"That is correct."

"Very good. Thank you."

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

"Yes, thank you, Mr. Speaker. I would just ask Members of the House to support this very important Bill, Senate Bill 1284, which will allow the CPA's to practice in their fine shape that they have done for years and years."

"The question is, 'Shall the House pass Senate Bill 1284?' 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 this question, there are 116 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And the House does pass Senate Bill 1284. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the 24  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 Order of Concurrence appears House Bill 1011, Representative Smith, Mike Smith, with Senate Amendment #1. Out of the record. On the Order of Concurrence appears House Bill 1096 with Senate Amendment #1 and 2, Representative Winkel. Out of the record. On the Order of Concurrence appears House Bill 1069, Representative Hoffman. Out of the record. Senate Bill... House Bill 1277, Representative Cowlishaw, Mary Lou Cowlishaw. Would you please explain Senate Amendment #1 to House Bill 1277 on the Concurrence Calendar?"

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I'm really sorry about the delay here, I know we're in a hurry. Senate Amendment #1 to House Bill 1277 is a Bill which was originally sponsored here in the House by Representative Rick Winkel and which passed the House... I'm sorry... which was not presented in committee and consequently, it was never acted upon. It is, however, a... certainly a noncontroversial kind of proposal. What it does as a result of a situation that occurred in Representative Winkel's district that had to do with a not-for-profit group that had a small piece of property next to their offices and they leased that to another not-for-profit entity only to discover that once they leased something to another not-for-profit entity, it was considered that they would lose their property tax exemption not only on the leased property, even though it was leased to a not-for-profit entity, but also on the property on which their offices were located and which had been exempt from property taxes for all the years that they had had it. Consequently, all this Amendment does is to affirm that when a not-for-profit entity that is already exempt from property taxes leases any other property that 25  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 is already exempt from property taxes to another not-for-profit entity, it's... the lessor does not lose any of the property tax exemptions to which it was already entitled. That's all the Amendment does. And I am sure that if you have any questions, Representative Winkel would be glad to try to address them. Thank you, Mr. Speaker."

"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1277?' All those in favor will signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 Members voting 'yes', 2 Members voting 'no', and 0 voting 'present'. And the House does concur with Senate Amendment #1 to House Bill 1277. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Concurrence Calendar appears House Bill 1096, Representative Winkel. Would you like to explain Senate Amendment #1 and 2? Representative Winkel."

"Thank you, Mr. Speaker. The underlying Bill creates the Alternative Learning Opportunities Act. And Amendment #1 essentially removes the administrative transfer provisions in the Bill, as well as provides for parental control. And parental consent must be first obtained. That's Amendment #1. Amendment #2 is a technical cleanup that clarifies the intent of the Bill. And I'd be glad to answer any questions."

"...you completed, Mr. Winkel?"

"Yes, I am."

"Is there any discussion? The Chair recognizes Representative Monique Davis. Representative Davis." 26  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor will yield." Davis, M.: "Representative Winkel, what are the grade levels of children who could be placed in these alternative situations?"

"Fourth through twelfth." Davis, M.: "Did you answer?"

"Yes." Davis, M.: "I didn't hear your answer."

"Fourth through twelfth." Davis, M.: "You said they're fourth graders through twelfth graders?"

"Correct." Davis, M.: "Let's say you have a fourth grader, nine years old, and this student doesn't do very well on the state standards, is that right? What is the label your Bill is putting on this child?"

"Representative, what we're looking to do for... in your hypothetical, in a case where there's somebody in fourth grade, nine years old, who let's say may have a problem that could be served by a social service, we could identify that need and offer that service to this child with the idea..." Davis, M.: "What services..."

"Representative, I'm not finished yet, please. Be glad to answer your questions, but I need to be able to answer 'em. So, let's say that there are services then that need to be rendered and, you know, there's social services that otherwise may not be available. And what we're trying to do is for kids who are at risk of not achieving academically, we're trying to help them with these social services. And the idea is is that we're looking at the 27  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 younger grades, fourth through twelve, but we're looking at fourth graders and fifth graders because we're very hopeful that by providing the services that they need, we can help these kids adjust to the regular classroom, the learning environment, and achieve academically. And by doing..." Davis, M.: "Well, Representative..."

"...by doing that..." Davis, M.: "...what you..."

"...by doing that, Representative..." Davis, M.: "...Representative. Representative."

"...then we can make sure that they don't run into the problems of truancy, or dropping out, or simply not achieving academically. Now, you know, we recognize..." Davis, M.: "Mr. Speaker."

"...that these are young..." Davis, M.: "Mr. Speaker, if he wants to make a political speech, I'll just sit down..."

"Okay." Davis, M.: "...because I have questions I want to ask on this Bill."

"Mr. Winkel, just please answer the question."

"Well, the idea... she asked about fourth graders... the idea with fourth graders is we deliver these services so that they can achieve. They don't run into the kind of troubles that may result in expulsions or suspensions, which could end up where they be transferred to an alternative school. So, this Bill really doesn't deal with alternative schools in that sense. What we're trying to do is make sure that the kids have the services that they need so that they can achieve academically and avoid that kind of trouble." Davis, M.: "Representative, currently, are you aware that social 28  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 workers can advise, and encourage, and recommend that children seek... their parents help them to seek mental health services or other services? Are you aware that that currently exists?"

"I'm sorry, Representative, could you repeat your question? I couldn't hear you." Davis, M.: "I know you don't want to answer these questions, Representative Winkel, because you want this Bill to set up a second tracking system for children in public schools. Now, what you're asking us to vote for here is to place children who have tested poorly on the state standards exam, which some people think we need to throw out in itself. You're saying that children who don't score well on those exams should be placed in alternative situation. What your Bill says, Representative, is that those students can receive a minimum of three hours of instructions. Currently, the law says students must receive a minimum of five hours educational instructional time. Mr. Lacour, would you... Mr. Lacour, come down here and bring that list of people who are opposed to this Bill. It is very important, Mr. Winkel, that you realize the effects you're having on the lives of children who could have a major leap between fourth grade and sixth grade. If certain information is never presented to children, of course they'll have no knowledge about it. So, if you're removing fourth graders; nine-, and ten-year-old students, fifth graders; ten-, and eleven-year-old students, from a regular classroom day and you are stating, Mr. Winkel, that these children the rest of the day can perform community service or have some alternative educational system. What you are saying is there's some children in the State of Illinois that we're going to water down their educational 29  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 opportunities..."

"No, Representative, that's..." Davis, M.: "...we're not going to present them with all the..."

"No, that's what you're saying." Davis, M.: "...information that the other children are getting."

"No, Representative, that's what you're saying." Davis, M.: "In a classroom..."

"Mr. Winkel." Davis, M.: "...there is a schedule. There's a schedule."

Speaker Hartke: "Leave Representative Davis present her argument." Davis, M.: "The schedule says we're gonna have reading from this time..."

"I'm sorry, Mr. Speaker, what'd you say?"

"Excuse me, Representative Davis. Representative Winkel, would you please allow Representative Davis to present her argument and then you can respond."

"Oh, I'm sorry, I thought she was asking a question. Is she speaking to the Bill now?" Davis, M.: "No, I'm not."

"Oh, I'm sorry. Is there a question?"

Speaker Hartke: "Please do not interrupt her when she's speaking." Davis, M.: "The question is, are you familiar with the fact that every classroom is supposed to have a schedule on the wall that determines what they're teaching the entire day? Children in fourth grade, fifth grade, and on in high school, part of the day is reading, language arts, spelling, music, social studies, geography, civics, math, algebra. All of these subjects are taught in the regular day. Now, if you reduce this particular student to a three-hour day, which of those curriculum items are you 30  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 leaving out? Now, I know you don't think it's important, but it's a certain group of students that this is going to affect. That state standards test should not be the measure that determines that a student is academically at risk. Are you stating that if a student doesn't do well one year' one year on a state standards test, you're labeling that child as academically at risk?"

"Mr. Speaker, am I... is it my turn?"

"Representative Davis, are you finished with your questions?" Davis, M.: "That's my question if he can answer it. And I don't want a speech, I want a answer to the question."

"You may respond."

"No." Davis, M.: "Well, that's why you shouldn't have this legislation. He said he is not familiar with or aware that every classroom should have a schedule on the wall that tells exactly what time each subject area will be taught. And if children who are going to be given a minimum of three hours of instructions are out of that classroom doing community service or whatever else you choose, that child is missing the opportunity to get educated. And to label that child in fourth grade as academically at risk, that's why the school is there, to teach children what they don't know. If they already knew, they wouldn't have to come to school. What your Bill is doing is setting up another track. In other words, one track of students who graduate will have had a full state-mandated curriculum and another group will not. And I want to ask you this, will special education students be in your school?"

"I'm sorry, the... you want to know if the spec..." Davis, M.: "Special education students, will they be in these 31  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 alternative schools in your schools?"

"Representative, as you know under Federal Law, special education students... Representative." Davis, M.: "I'm listening."

"Oh, good. Special education students under Federal Law... Representative. I'm sorry." Davis, M.: "I'm listening."

"Oh, okay." Davis, M.: "I can hear you. I don't have to look at you."

"I want to be responsive. So, as you know, special education students have an IEP, an Individual Education Plan. And if that Individual Education Plan includes alternative learning opportunities, then the answer would be 'yes'. If that IEP does not include alternative learning opportunities, then the answer would be 'no'. So, it really depends on the IEP." Davis, M.: "Representative, I appreciate your answer. Could you tell me what some alternative activities might be and consist of?"

"You want to know what the... I'm sorry, the alternative..." Davis, M.: "I'd like to know what some of the alternative activities might consist of or what some of the things that will happen outside of the educational instructional environment. What will that child be doing?"

"Well, Representative, that's... I'm glad you asked that 'cause that's the beauty of this approach. What we're trying to do is prepare an individualized study program with different learning styles and requirements for each individual student. That's the whole idea, that we're reaching out and trying to tailor the educational opportunities and the curriculum to the needs of each 32  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 student, so that they have a better chance of succeeding academically. And that's why we don't want to wait too long in the process. We want to able to start at fourth grade. I mean, why wait? When a child is an academic failure..." Davis, M.: "I'll ask the questions. Let me ask the questions."

"Oh, thank you." Davis, M.: "Currently, Representative, we have a Lighthouse Program in Chicago in which children who need tutoring, they remain after the instructional day to get tutoring. Currently, in Chicago and around the rest of the state, we have social workers who will provide recommendations if further services are needed. What harm do you think you may cause removing children from the regular educational environment and placing them in a community service environment and I don't know what else? What harm do you think may come to them or do you care?"

"Representative, I do care. That's why we've spent five years working on alternative education. And I think most of the Members here know that. And I suspect that they may wonder why you would ask such a question. At least that would be my hope. Yes, I do care about this. I care very deeply about this, as well as my colleagues, I know. I know that you care about this. You voted twice for this Bill. This Bill got 117 votes in the House. It got 57 votes in the Senate. I know you care deeply about this. In fact, you've certainly agreed with me in the past about this. You have voted twice for this Bill." Davis, M.: "Representative..."

"So, we share a common concern and a care about what's happening to these kids. What's happening? We're talking about an integrated... an integrative learning opportunity 33  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 for kids. It takes many of the things that exist and it gives flexibility to local school districts to be able to coordinate different programs and social services for kids that are in need..." Davis, M.: "Representative..."

"I'm sorry." Davis, M.: "...there's absolutely nothing that prevents..."

"Did I..." Davis, M.: "...that prevents a student..."

"Mr. Speaker." Davis, M.: "...from coordinating..."

"Mr. Speaker." Davis, M.: "...social services for a child today."

"May I complete my answer? Mr. Speaker, I... you've..."

"Sure. Mr. Winkel, complete your answer."

"Yeah, I'll not talk when she's asking the question and I would appreciate that she not barge in on mine. But that's about the sum of it." Davis, M.: "Well, I believe, Representative, that when we set up two different systems, there's one group that's gonna be better prepared for the work world. There's one group that's gonna be better prepared for college than the other. Now, when you remove fourth graders and fifth graders from the five-hour instructional day, you are risking, Representative, placing them as a life in the... a life of the underclass. In other words, they won't even have a basic elementary education. Because add up two hours a day for five days, then add up those hours for four weeks. Then add up those hours for nine months, and you have denied these children summarily a number of instructional hours. We can call it whatever we like, but the result is... the end result is you have a group of students based 34  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 upon the state standards not... Is the Iowa test involved? Are you basing anything on the Iowa test?"

"Well, Representative, it's quite possible." Davis, M.: "It is possible. But in your legislation, which test are you ... which test are you deciding these children should be labeled as academically at risk?"

Speaker Hartke: "The Chair recognizes Representative Flowers. Representative Davis, your time has expired. Representative Flowers."

"Thank you, Mr. Speaker. Mr. Speaker, will the Gentleman yield, please?"

"The Gentleman will yield."

"Representative, would you please tell me once again... because I could not hear the debate between you and Representative Davis. Would you please tell me what is the purpose of this Bill?"

"Representative, it creates the Alternative Learning Opportunities Act. The purpose of this Act is to strengthen the educational quality of alternative education. What we want to do is make sure that students who are at risk of academic failure have a chance to achieve the learning standards that we've asked be implemented in the school districts. And by this Act, we're kind of untying the hands of the local school districts to be able to coordinate and integrate a learning opportunity here for kids who may not otherwise be able to achieve. But the thing of it is, which I'd like to say and I'll let you ask..."

"Okay. But wait..."

"Please."

"...a minute 'cause... Mr. Speaker, would you stop the clock while he's talking, please?" 35  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

"No."

"Okay. All right. Well, then let me... Okay. Thank you, Sir. But let me just this. Do you remember last year when we... or maybe it was a couple years ago... when we had problems in Decatur and the children there were supposed to have been sent to an alternative school? The alternative school in which they were sent to was really not a school at all because we did not fully fund it. The same principle, Sir, that we're doing with schools now in regards to education. And my point to you, as Representative Davis stated earlier and as we all know, schools are for learning. And every day that a child go into a school, that child is supposed to learn. Now, when you talk about a child that's at risk, a fourth grader, how can a fourth grader who just left kindergarten, just left first grade, just... how could that student be at risk where is it that you would define him to be eligible for an alternative school? Specifically, Sir, in light of the fact that we have found out that there are some teachers out there who have not been taught to teach. And in the City of Chicago, we're gonna have an alternative school for them because of what they didn't learn when they were going to school to be teachers. So, as a result of that, how you could put this responsibility on a child? Because I want to say to you, in your Bill, you referred to students who may have had a criminal background, may have had substance abuse problem, or either young ladies who become pregnant. And my point to you that for a fourth grader who never had the opportunity in the first place because of the inadequacy of the school, the facility of the school, school overcrowding, books with the pages missing, and other kinds of problems, how could you determine that that 36  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 child is at risk when the school and that district has not put something in place within the system? Not outside the system, within to make sure that they have reached the goal in which they're capable of doing so if given the opportunity. Because what you're doing here, Sir, you're telling them that you're not even worthy of me spending any more time. I'm gonna take you out and put you over here 'cause you're at risk. And one other thing. In today's newspaper, the headline says, Bush got his educational Bill passed and it connects federal funding that comes to the state to the scores in which our kids are gonna get. And we know that the ISAT test is subjective. Okay? Because I may say couch, you may say sofa, so the person that's grading that test may give me a failure and you not. And Iowa test, that too, the teachers are so busy teaching to the test that they cannot teach the children. And let me get back to ISAT. I told Max McGee, because this is the fourth time that he's changed the ISAT test, we've had a test to test the test that was tested and we don't have anything to measure the test to because none of the tests have been the same in the last four years. So, then you would probably say that one of these kids are at risk because they didn't pass the test that was tested for the test that was never tested because you don't have a test for that test. Now, would you please answer that question... or those questions?"

Speaker Hartke: "Representative Flowers, your remarks have closed. I will give Mr. Winkel a minute to answer that question. Mr. Winkel."

"Thank you, Mr. Speaker. You were talking about... you raised a question about the fourth graders. Do not forget that we test children in third grade. And so, we do have 37  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 something to look at. The ISAT is given in the third grade. And nationally... research shows that nationally two thirds of our fourth graders score below the basic score levels. Those are students at risk. And they are in the fourth grade. They're at risk of academic failure. And so, we do have a way of measuring this. And I think rather than do nothing, we're looking to reach out and provide the services that children who are at risk of academic failure need. And constantly I'm hearing about removal. There is nothing in this Bill that requires removal. This is a program that could be done in the school. And the funding follows the child."

Speaker Hartke: "Further discussion? The Chair recognizes the Gentleman from Cook... Winnebago, excuse me, Mr. Jefferson."

"Thank you, Mr. Speaker. I yield my time to Ms. Monique Davis."

"Representative Davis, you have five minutes." Davis, M.: "Thank you, Representative Jefferson. I am still trying to find out, students will be from age fourth grade to what age, Mr. Winkel?"

"It's... We're talking about not ages, we're talking about grades. It's fourth..." Davis, M.: "I can't hear you."

"Mr. Speaker."

"Shh. Shh. Please."

"The Bill refers to fourth grade through twelfth grade." Davis, M.: "Fourth grade to what?"

"Twelfth grade." Davis, M.: "Fourth grade to what age? Is it 16 years old? Is it 17 years old? And if you don't know that, you shouldn't be putting this legislation on this table." 38  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

"Representative... Representative, may I answer that? Mr. Speaker."

"Yes, Sir."

"Is it my turn? I want to be..."

"Then answer the question."

"Thank you. Okay. The Bill refers to fourth through twelfth grade. And depending on the program, that will determine the age." Davis, M.: "So, in other words, this is..."

"No, in other words, a district may establish this. And that's the beauty of this Bill, it gives flexibility." Davis, M.: "I think that's wonderful, the flexibility. So, a district may say that we're gonna have alternative education for fourth grade students all the way to 21-year-old pupils. Will they be in the same environment? Will they be in the same facility?"

"Representative, getting back to your previous question, I can give you a complete answer that if I... if I could be given just about 20 seconds. Would that be okay? All right. Section 13B-15.5 and Section 13B-15.15, such students are eligible for services up to age of 21 years. A district may establish... school districts are required to submit a district plan. The plan would define the proposed program including the age or the grade level of students to be served. The district has the flexibility to design a program that appropriately serves their student population." Davis, M.: "Thank you."

"You're welcome." Davis, M.: "We're compounding a problem. The state standards are not necessarily the best measure of a student's success. Those in this Body have even stated that those tests should 39  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 not change again because they change so many times. So, we're taking a flawed test and we're mandating... we are mandating that students who don't do well on these flawed tests will be relegated to... what shall we say, a watered-down educational opportunity. They'll be given three hours, a minimum of three hours of instruction. Now, I don't know what the purpose is of not making sure these children have additional five hours plus, but here we have students that are at risk and we're going to reduce the number of hours that they have. Now, according to my analysis here, it says the purpose of this Bill is to give opportunities to children who do not test well on the state standards. Well, there's more to life than just passing state standards. Children should learn geography. They should learn history. They should have math. They should have algebra. They should not just have three hours of opportunity and the rest for alternative learning. You're setting up a two-tiered system of education in the State of Illinois and we should all object to this. You're saying that a student will be labeled... a poor fourth grade kid will be labeled. Not one person in this room would agree to have their children or their grandchildren placed in this so-called alternative education situation. Not one person whose name is up there as a Sponsor would agree to having his or her sons given three hours of instruction and then two hours of community service. This is supposed to be a land of opportunity and it's supposed to be equal opportunity. It is not supposed to diminish the educational opportunities of children who are in need. The children you're talking about are those who need the most instructional hours. But you don't want to spend the money for that. You want to use their service for something 40  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 free. And I think it's wrong. You know it's wrong, I know it's wrong. This should be a 'no' vote. And when you vote 'no', you know you're voting to insist to the State of Illinois to adh..."

"Your time has expired. There are still four people seeking recognition, Representative Hoeft, Murphy, Flowers, and Currie in that order. The Chair recognizes the Gentleman from Kane, Representative Hoeft."

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

"The Sponsor will yield."

"I think part of the problem here is, Representative Winkel, that people are confusing your successful program, the Alternative Schools Program. Is this the Alternative Schools Program?"

"No, it's not. That's a different Section under the School Code. That's Section 13A."

"This is the alternative learning, is it not? We're focusing not on troubled students, but we're talking about... not emotionally troubled, but we're talking about academically troubled students, correct?"

"That's absolutely correct, Representative."

"Are these students gonna get specialized teachers?"

"Representative, that plus a program that integrates the kind of innovation learning opportunities that they need."

"Are they gonna get specialized curriculum?"

"Absolutely."

"Are they gonna get smaller class sizes?"

"Yes."

"Is this designed to meet the individualized needs of students who are having broad-based academic troubles?"

"Absolutely, Representative."

"Is it the goal of this group to empower these troubled, 41  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 academically troubled, students so that they can return to the regular classroom?"

"That's exactly right."

"Mr. Speaker, to the Bill."

"To the Bill."

"We've had a number of times in our history, educationally, where we have taken and focused resources and attention upon certain academic problems. In the 1980's, reading was given as a priority. So, we as a state and nation began producing specialized reading teachers and students withdrawn to the classroom to give them this extra reading curriculum attention, one-on-one. This is simply a follow-through of that very successful program and says, if a child is sitting in a classroom academically failing and cannot, for some reason, assume the curriculum as the rest of the students, let's take that child out, let's give them an individualized program to enhance their ability to learn so we can get 'em back in the classroom. We can do away with the failures that are occurring in the system. I would have a very difficult time looking at this as harming children. This is putting more resources and individualizing the educational program for troubled, academically troubled, youth. This is a great idea."

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

"Thank you, Mr. Speaker. This is a terrible Bill. Any time you start talking about fourth graders, taking them out of a learning environment to put 'em in another environment... and we talked about it with the previous speaker and I supported him on lengthening hours that a child will go to school to learn. Now, we talking about shortening the hours, which is sorta backwards. And 42  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 furthermore, any other time we talking about community services, that could be anything. We wouldn't know what community service are. And it seems to me that while we around giving these schools special permit to teach... keep substitute teachers on for past 120 days is a part of the problem. We have some people that's not certified trying to teach some fourth graders. And that's not right. We cannot determine where they are academically when they are going before teachers that's not qualified. So, why should we pull them out of that environment, put 'em in another environment, cutting the time off where they could be learning? They would be better off sitting in the classroom not learning than to be sitting somewhere else where they're not listening to anybody else. This is a terrible Bill. And we dwell on four-year-olds, but the real problem is... has to do with the home and it has to do with substitute teachers. And that combination would answer the problem. And so, we ought to deal with the home and substitute teachers until... before we start talking about removing students from the classroom. We have every opportunity to work with that child in that surrounding. And if you go to grade eighth and ninth and do that, we're certain to lose those people for sure, they'll just drop out. You'll just discourage them. They will not go to school, 'cause I don't know what you would do with them, probably put 'em in some office cleaning the windows or something. This should be a 'no' vote. And community service is community service. You might have 'em out removing snow, I don't know what you have in mind. This is a terrible Bill, it should be a 'no' vote."

Speaker Hartke: "Further discussion? The Chair recognizes Representative Flowers. You have already spoken in debate. 43  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 For what reason do you seek recognition?"

"Well, Mr. Speaker, I want to speak again."

"I'm sorry, you're denied. The Chair recognizes Representative Currie. You have five minutes."

"Thank you, Speaker and Members of the House. I agree that as this Bill left the House earlier this Session, 1096 was a 'trust me Bill', a Bill that was intended to provide safeguards, and regulation, and oversight of alternative learning programs. I think the Bill was not nearly as tight as it should have been, but I do believe that the Amendments that were adopted in the Senate makes this a worthwhile program. We know that alternate programs today operate without very much in the way of standards and with virtually no oversight. Some accuse those programs of being places where our children are dumped, where our children are warehoused. With the Amendments adopted in the Senate on this Bill, I believe we have a good program that will give us some security that the people who are suggesting that a child go into an alternate placement really do have the best interests of that child at heart. With these Amendments, advocacy organizations like Voices for Illinois Children and the Ounce of Prevention are in favor of House Bill 1096. I'd like to commend the Sponsor and the State Board of Education because in conversations with the Coalition for the Homeless, with Designs for Change, I believe we have agreed language that we hope to offer to another Bill before the Session is over that will remove the opposition of those organizations to House Bill 1096. So, I would urge my colleagues who are concerned about dumping, who are concerned about warehousing, issues that are alive today, I would urge that we can better protect our young if we support the Concurrence Motion on 44  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 House Bill 1096 than if we turn it down."

"Further discussion? The Chair recognizes the Lady from Cook, Representative Mulligan. You have five minutes."

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

"Sponsor will yield."

"Representative Winkel, it's my understanding the Bill as amended provides that each school district must submit a plan to the State Board on what type of alternative school that they will have."

"That's absolutely right."

"And that it has to be updated annually."

"That's correct."

"And that must also include the type of funds the school is going to put into that school and it must be characteristic with the same type of funding used for other students at that school."

"Yes, that is absolutely correct."

"Is it also part of the amended Bill that parents will be involved and asked if they want their child to be placed in this program?"

"Representative, you're right. The administrative transfer provision that was in the Bill was taken out and now there are provisions that strengthen parental control. Parents must consent, they can say 'yes' or 'no'. There's a conference that's done before any child is to receive any services. The parents are to attend and they have the information placed before them. They have informed consent. And if they say 'yes', the child will receive the services. If the parents say 'no', the child will not receive the services."

"Representative, in committee earlier, I was listening 45  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 to some of my colleagues and I was concerned. And so, I asked you a question and you gave me a very good answer about parents who are either English as a second language who felt that they perhaps would not get the benefit of being able to actually get input on their child or parents who felt intimidated coming into the school and maybe saying 'no' or not getting the right information about their child being put into this program. And you responded that there would be ombudsmen and people that would actually be helping these parents if they so requested."

"Yes, that's absolutely right. We envision that that'll be in the guidelines and the rules."

"Will each student have a case plan that shows why they're going in and how they would be then..."

"Yes."

"...get their way out of an alternative school?"

"That's exactly right. They'll have a success plan for while they're in the program and a plan to transition them back to the regular curriculum."

"And do you believe that the plan that you're offering in this legislation would make a more uniform plan for alternative schools across the state to hold off things like problems that we've been having with schools that aren't sending young people who actually need help for good help that will allow them to succeed?"

"That's the absolute goal here, that's what we intend."

"To the Bill."

"To the Bill."

"I think Representative Winkel has worked very hard to make this a plan for young children and young adults at risk so that they may be successful. I think there may be some misconceptions about this Bill, but I think he's 46  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 worked very hard to try to eliminate those in order for children to characteristically, within the character of their school, get help so that they have an opportunity to be successful, particularly at a young age before the problems become chronic where they still may be helped. I don't think there's any intention here to do anything but be helpful, create a uniform plan that also funds these young people the way their schools are funded, and allows them to have an opportunity to get back on track to have a good education, and to get back into the regular mainstream. I don't think there's any problem with this Bill the way it's worked out. I think the State Board has good control over each individual school so that we'll have a uniform plan for the school. And I would urge an 'aye' vote."

Speaker Hartke: "The Bill's on Standard Debate. We have discussed it for about 45 minutes. Three people have spoken in opposition to the Bill on extended limits, three people have spoken for the Bill. Representative Scully, for what reason do you seek recognition?"

"Representative, I'm joined by several Members of my party to take this off of Short Debate and put it on Standard Debate."

"We are on Standard Debate."

"We would like to move to put it on Extended Debate."

"How about Unlimited?"

"Excuse me, Sir?"

Speaker Hartke: "Never mind. The Bill is on Extended Debate. The Chair recognizes Representative Flowers. You have spoken in debate."

"Representative Franks will yield his time to me. And I spoke in Standard Debate, now this is Extended Debate. 47  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 It's a different debate."

"I'm sorry. The Chair recognizes Representative Cross."

"Thank you, Mr. Speaker. I move the previous question."

Speaker Hartke: "The previous question is being put. All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the question is put. Representative Winkel to close."

"Mr. Speaker, there has been a lot of hard work on this Bill. It's the culmination of many, in fact, years of work. And I..."

"Representative Winkel."

"I appreciate the effort of all those who worked so hard to put these Amendments together. I agree with the Majority Leader, I think that this has made a good Bill a better Bill. And I ask for the Motions to be approved."

"The question is, 'Shall the Senate concur... or House concur in Senate Amendments #1 and 2 to House Bill 1096?' 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 this question, there are 97 Members voting 'yes', and 10 Members voting 'no', and 7 Members voting 'present'. And the House does concur in Senate Amendments #1 and 2 to House Bill 1096. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Concurrence Motions appears House Bill 1692, Representative Mathias. Out of the record. On Concurrence Motions appears House Bill 1810, Representative Kurtz. Representative Kurtz on Senate Amendment #1."

"Thank you, Mr. Speaker, Members of the House. This was 48  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 amended in the Senate, this Bill that passed unanimously in the House. It was amended to include an appointed clerk in communities of 5,000 or less. The Amendment refers to a waiver of the residence requirement. The other change or addition to the Bill would be that it would take effect immediately upon being approved by the Governor."

"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1810?' 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 this question, there are 111 Members voting 'yes', 1 person voting 'no', and 2 Members voting 'present'. And the House does concur with Senate Amendment #1 to House Bill 1810. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Concurrence Motions appears House Bill 1011, Representative Smith, Michael Smith, on Senate Amendment #1."

"Thank you, Mr. Speaker. Senate Amendment #1 simply restricts this Bill to the City of Peoria and the County of Peoria. And I would move to concur with that Amendment."

"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House concur with Senate Amendment #1 to House Bill 1011?' 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 this question, there are 106 Members voting 'yes', 7 Members voting 'no', and 0 voting 'present'. And the House does 49  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 concur in Senate Amendment #1 to House Bill 1011. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Concurrence Motion appears House Bill 3055, Representative Fowler, on Senate Amendment #1. Please explain the Amendment."

"Thank you, Mr. Chairman. Senate Amendment #1, House Bill 3055, that Bill is the one that we passed out of here unanimously some time ago. It creates a provision whereas if a report of an abused child is made in a school, the DCFS will investigate that and report back to the school. What the Amendment did to that Bill, it requires that there would be a purging of that report if it's proven to be unfounded during the investigation. It also makes it the responsibility of the school to make sure that that report is confidential and it deletes the immediate effective date. So, I would move that we concur with Senate Amendment #1 to House Bill 3055."

Speaker Hartke: "Is there any discussion? Seeing that no one is seeking... Representative Black, the Gentleman from Vermilion."

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

"Sponsor yields."

"Representative, the Senate Amendment was sponsored by Senator Woolard, is that correct?"

"Yes."

"I thought so, it's a good Amendment he served in the House. It addresses a question that I asked you originally. And that would indicate that if the finding is found or overturned or the Department is determined that the child is no longer at risk, then that will be removed from the record so as not to perhaps give teachers in 50  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 subsequent years some perception that the child may be a troublemaker or have a problem, et cetera, et cetera. It's human nature. So, if the... if I understand what Senator Woolard did and what I had talked about earlier, if that finding is overturned or the Department feels there is no longer any risk, the student is not stigmatized by that report staying in that permanent record for the rest of his or her public school career, correct?"

"That's correct."

"You can always tell an Amendment that's been drafted by somebody who has been out of the House just a short period of time. Thank you."

"We trained him well over here."

Speaker Hartke: "Further discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3055?' All those in favor signify by saying 'aye'... or voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 3055. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Concurrence Motions appears House Bill 3576, Representative Ryder, on Senate Amendments #1, 2, and 3. Out of the record. The Chair recognizes Representative Davis, Monique Davis. For what..." Davis, M.: "Mr. Speaker..."

"...reason do you seek recognition?" Davis, M.: "...I rise for a point of personal privilege."

"State your point." 51  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 Davis, M.: "I was just called outside by Ounce of Prevention to tell me that they were falsely accused of supporting 1096. And they said they did not, never have, and they are insulted that the lie was told on them."

"The record will reflect that message. On Second Reading appears Senate Bill 754. Mr. Clerk, read the Bill."

"Senate Bill 754 has been read a second time, previously."

Speaker Hartke: "Mr. Clerk. Representative Granberg in the chamber? Has anyone seen Representative Granberg? Mr. Hoffman."

"Mr. Speaker, I thought that I spotted Representative Granberg a couple days ago out in the rotunda. Maybe we could search for him."

"Would you like to handle the Amendment for him?"

"Sure."

"With leave of the Body, could Representative Hoffman..."

"House Amendment #2 becomes the Bill and makes four modifications to the original Bill. It would apply only to counties and municipalities under 100,000. This provision removes the City of Chicago under reporting requirements of the Bill. In addition, the counties who fail to complete the new provisions of the Bill will not be committing a Petty offense; clarifies the reporting requirements must reference the title in addition to the proposed Amendment to the code. It makes the effective date of the legislation July 1, 2002. The Illinois Municipal League continues to have problems with the Bill. However, it's on the grounds that it may restrict the ability in some ways to change or alter their building codes. The original Bill 52  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 would amend the Illinois Building Code's Commission Act and require a municipality or county which considers adopting a new building code to provide a copy of such changes at least 30 days before its adoption to the Building Commission. The Commission is required to post the proposed new code or Amendment on the web... on a website. I ask that this Amendment be adopted."

"Is there any discussion? The Chair recognizes Representative Black."

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

"State your inquiry."

"The Gentleman who presented the Amendment is not a cosponsor of the Amendment, nor is he a cosponsor of the Bill. If I remember the House Rules, that requires leave of the Body for him to present that Amendment."

Speaker Hartke: "I did request leave of the Body. And leave was granted. No one objected."

"I must have... Will you speak up from now on?"

"I certainly will try."

"Thank you very much."

"You're welcome. Is there any discussion on the Floor Amendment? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #2 to Senate Bill 754?' 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?"

Clerk Rossi: "No further Amendments but a fiscal note's been requested on the Bill as amended."

"The Bill will remain on Second Reading, pending the filing of the fiscal note. Supplemental Calendar #1 53  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 appears House Bill 3143, Representative Hannig. Mr. Clerk, read the Bill."

"House Bill 3143, a Bill for an Act concerning procurement. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration. A mandate's note has been requested on the Bill that has not been filed."

Speaker Hartke: "The Bill will remain on Second Reading, pending the filing of the notes. Supplemental Calendar #1 appears Senate Bill 188, Representative Daniels. Mr. Clerk, read the Bill."

"Senate Bill 188, a Bill for an Act with regard to education. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."

"Third Reading. It is the intention of the Chair to adjourn shortly. We have one announcement. And the announcement is that if you're in a hotel and want to check out tomorrow, that'll be fine. We will not be in Session Saturday, Sunday, or Monday. You will be back here Tuesday. The Chair recognizes Representative Black."

"Thank you very much, Mr. Speaker, for finally shedding some light in what has been a dark and dreary day. But I do have a further inquiry of the Chair."

"State your inquiry."

"And it has to do with tomorrow's schedule. My wife retires tomorrow after a long and distinguished career of teaching school. I would like to go her retirement dinner and try to talk her out of it, if at all possible. So, I would like to know when I might be able to go home tomorrow." 54  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001

"Mr. Black, how long does it take to get to Danville?"

"How long does it take me to get home from here?"

"Yes."

"Since there are speakers in the Office of the State Police, it takes me two hours and thirty-five minutes."

"It is our intention and hope that you would be home by 6 p.m."

"You're a Gentleman and a scholar, Mr. Speaker. If I can't talk her out of this retirement, my standard of living is going to take a tremendous hit."

"I understand that."

"Thank you."

Clerk Rossi: "Committee schedule for Friday has been passed out. The following committees will meet at 10 a.m.: the Constitutional Officers Committee in Room 122-B, the Elementary & Secondary Education Committee in Room 118, the Judiciary II-Criminal Law Committee in Room 114."

Speaker Hartke: "Again, it is the intention of the Chair to adjourn now. We will return to the floor tomorrow at about 11:00 a.m. We will plan on adjourning around midafternoon tomorrow and return Tuesday. Representative Bassi now moves that the House stand... House... allowing perfunctory time for the Clerk, stand adjourned until the hour of 11 a.m. on Friday, May 25, 2001. All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned."

"House Perfunctory Session will come to order. Introduction and First Reading... or Introduction of Resolutions. House Resolution 385, offered by Representative Moffitt; House Resolution 387, offered by 55  STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day May 24, 2001 Representative Zickus; House Resolution 388, offered by Representative Soto; House Resolution 390, offered by Representative Hamos; House Joint Resolution 45, offered by Representative Flowers; House Joint Resolution 46, offered by Representative Coulson. These Resolutions are assigned to the Rules Committee. Senate Joint Resolution #28, offered by Representative Giles, is also assigned to the Rules Committee. There being no further business, the House Perfunctory Session now stands adjourned." 56