"The House shall come to order. The Members shall be in their chairs. We shall be led in prayer today by Father Leo Lyons of the St. Michael Church in Orland Park. Father Lyons is the guest of Representative McCarthy. The guests in the gallery may wish to rise and join us for the invocation and the Pledge of Allegiance."
Father Leo Lyons: "As long as we have your attention, I ask you to do one thing for us before we start the spiritual part, how 'bout some patriotic part. We're honoring the veterans. I would ask that... Mike, how can they do this... everybody sit down for a minute. Sit down for a minute. Okay, now, will all those who've served in the armed forces please stand. All of you who've served in the armed forces please stand. Gentlemen, we salute you. Now, all of us may stand. Let us pray. Lord, we come to You with heads bowed and our hearts filled with hope and gratitude. We sincerely acknowledge You as father. The father of Abraham, Isaac and Jacob. The father of David, Joseph, Jesus. The father of Abraham Lincoln, Mahatma Ghandi, Mother Theresa and John F. Kennedy. We seek Your fatherly care and wisdom for us gathered here to begin a new Session of our Legislature. We seek from You the strength of mind and heart to get through each challenging day that faces each one here. We beg oh good and Holy Lord to endow each of our Members with knowledge, so as to act intelligently with so many tough problems. Endow them also with zeal for justice and truth so that all matters be addressed selflessly and fearlessly. We pray in Your fatherly concern to inspire these, Your sons and daughters with foresight, so that authority is rightly administered, laws correctly enacted, and judgements impartially decreed. A system with the spirit of counsel and fortitude. May 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 this Session be conducted in a righteous manner and be useful to the people of this great State of Illinois. May they encourage due respect for virtue and religion by the faithful execution of the laws of justice and mercy by restraining vice and immorality. Let the light of Your divine wisdom direct the deliberations of this assembly, and influence all of the proceedings and laws framed for our ruling in government. May these actions lend to the preservation of peace in all our communities, the preservation of happiness, the increase of industry, sobriety, useful knowledge, and may perpetuate to all the blessings of equal liberty. We pray that all here will serve in good health and enjoy a very productive Session. May all we do here be pleasing to You. Now that prayer was for you. I would ask you to join me in a prayer for the nation. Lord, we are moved by the alarming news and crisis that our country is facing. This, the greatest nation founded in the belief in God we trust and the land of the free, please have mercy on those suffering, hurting, and in fear. And give wisdom and strength to those who are assisting. May the forces of evil be broken by Your power and may we humbly... may we humble before Thee, our strength and refuge. Give wisdom to our president and leaders and bring Your accompanying peace through the power of Your Holy Spirit. Help us here to reach to those that have been affected by this tragedy. We ask this in the name of the Lord. Amen."
"We shall be led in the Pledge of Allegiance by Representative Hartke."
Hartke - 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 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 for all."
"Roll Call for Attendance. Currie."
"Thank you Speaker. Please let the record show that Representative Kenner is excused today. Representative Smith is excused as well, although he would arrive later in the afternoon. I'd also like the House to recognize a new Member on our side. State Representative Marlow Colvin from the 31st district. He replaces Todd Stroger who went on to a higher calling. Todd is now an Alderman in the Chicago City Council."
"Representative Currie, what was the first name that you excused."
"Howard Kenner is excused."
"Kenner and Smith."
"And Mike Smith."
"Thank you. Mr. Poe."
"Mr. Speaker, let the record reflect that Representative Randy Hultgren and Representative Tom Ryder are absent today. And we also have a new Member from Logan County, Representative Jonathan Wright serving his first day in the General Assembly. Thank you."
"Mr. Clerk, take the record. There being a quorum, there being 112 Members responding to the Attendance Roll Call. There is a quorum present. Mr. Clerk."
Clerk Bolin: "Committee Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following Legislative measure/s was/were referred, action taken on November 13, 2001, reported the same back with the following recommendation/s: 'direct floor consideration for the following measures' House Bill 2691 is referred to the Order of Second Reading, Short Debate. 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 House Bill 445 Acceptance Motion that is recommended for adoption. House Bill 1356 Acceptance Motion is recommended for adoption. House Bill 2412 Acceptance Motion is recommended for adoption. House Bill 2528 Acceptance Motion is recommended for adoption. And House Bill 3172 Acceptance Motion is recommended for adoption. Introduction of Resolutions. House Resolution 49, offered by Representative Hannig and House Resolution 52, offered by Representative Bassi. These Resolutions are referred to the House Rules Committee. The First Reading and Introduction of House Bills. House Bill 3669, offered by Representative Scully, a Bill for an Act in relation to criminal law. House Bill 3668, offered by Representative Boland, a Bill for an Act in relation to taxation. First Reading of these House Bills. Supplemental Calendar #1 is being distributed."
Speaker Madigan: "Ladies and Gentlemen while we were taking the excused absences we were advised that there are new Members with us today. And so for purpose of the introduction, we'd like to have newly appointed Representative Colvin, Mr. Colvin would you like to introduce yourself to the Members of the House?"
"Thank you, Mr. Speaker. My name is Marlow Colvin. I am from the south side of the City of Chicago. Some years ago, it seems like a hundred years now, when I was a student, an undergraduate student at Chicago State University, I participated in an exercise called model Illinois government and for three days I got to play the role of a Democratic Legislator and actually, I sat right where Barbara Flynn Currie was sitting. The thing I remember most about that is how special an opportunity it would be to serve in this role and for a long, long time 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 it's just something I thought I'd want to do, and it's rare in life that you get the opportunity for your dreams to come true. But from that weekend, there was two things that I remember most about working in the Legislature, and one is a real deep appreciation for all the good work that you do and number two, that you got a chance... I got a chance to work with a lot of great people, a lot of very nice people who cared a lot about how people live in their ordinary lives and how we can help them do that. So I'm very honored to be here, to serve in this role and I look forward to meeting with all of you and hopefully, we can accomplish a lot of good things for the people in the State of Illinois. Thank you for having me."
"And now if we could here from newly appointed Representative, Jonathan Wright, Mr. Wright."
"Thank you, Mr. Speaker. My name's Jonathan Wright. I'm from the booming metropolis of Hartsburg, Illinois, and I'm looking forward to working with all of you in this Veto Session and the next assembly. Thank you."
"On page 3 of the Calendar, under the Order of Amendatory Veto Motions there appears House Bill 445, Representative Kosel. Did you wish to call the Bill? Representative Kosel."
"I wish to accept the Governor's recommendations on House Bill 445."
Speaker Madigan: "The Lady moves to accept the Governor's recommendations. Did you wish to speak to your Motion?"
"There were some conflicts that the Governor's Office found in existing law and this particular Amendatory Veto addresses those and keeps the Bill intact. Thank you."
Speaker Madigan: "The Lady has moved that the House accept the Governor's specific recommendations for change with respect 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 to House Bill 445. Is there any discussion? The Chair recognizes Mr. Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, there'll be another Bill come up with an Amendatory Veto and I'm just curious, would the University of Illinois under your Bill be classified as a public school property?"
"No, it would not."
"It would not? Doesn't fit the definition, correct?"
"I'm sorry I can't hear you."
"It, it... What's the difference between public school district property and property at the University of Illinois?"
"It was meant to be K-12 and the implication in the Bill is under the K-12."
"Okay, I was just curious. Thank you."
"We actually checked that out a couple different ways..."
"I..."
"...during the original legislation."
"There was never a doubt in my mind that you had not failed to check that out. I knew you would. Thank you."
Speaker Madigan: "Is there any further discussion? There being no further discussion, the question is, 'Shall the House accept the Governor's specific recommendations for change with respect to House Bill 445?' This is final action. All those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The ... is open. Have all voted who wish? The Clerk shall take the record. On this question, there are 114 people voting 'yes', 0 voting 'no'. This Motion, 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 having received the required Constitutional Majority, the House does accept the Governor's specific recommendations for change regarding House Bill 445 and this Bill is hereby declared passed. Mr. Berns did you wish to call House Bill 1356?"
"Yes, Mr. Speaker."
"Proceed."
"I move that the House accept... excuse me."
"Mr. Berns."
"Mr. Speaker, I move that the House accept the Amendatory Veto submitted by the Governor for House Bill 1356."
Speaker Madigan: "The Gentleman has moved that the House accept the Governor's specific recommendations for change relative to House Bill 1356. Is there any discussion? There being no discussion, the question is, 'Shall the House accept the Governor's specific recommendations for change concerning House Bill 1356?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? ... shall take the record. On this question, there are 114 people voting 'yes', 0 voting 'no'. The Motion having received the required Constitutional Majority, the House does accept the Governor's specific recommendations for change and this Bill is hereby declared passed. Mr. Winkel in the chamber? Did you wish to call your Bill? Mr. Winkel, on House Bill 2412."
"Mr. Speaker, I move to concur with the Governor's specific recommendations for change as to House Bill 2412."
Speaker Madigan: "The Gentleman moves that the House accept the Governor's specific recommendations for change. Is there any discussion? There being no discussion, the question is, 'Shall the House accept the Governor's specific 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 recommendations for change?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? ... shall take the record. On this question, there are 111 people voting 'yes', 2 people voting 'no'. The House does... excuse me... the Motion having received the required Constitutional Majority, the House does accept the Governor's specific recommendations for change and this Bill is hereby declared passed. Mr. Bost, House Bill 2528."
"Thank you, Mr. Speaker. I move to accept the Amendatory Veto of the Governor on House Bill 2518... 2528."
Speaker Madigan: "The Gentleman moves to accept the Governor's specific recommendations for change. Is there any discussion? There being no discussion, the question is, 'Shall the House accept the Governor's specific recommendations for change?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Clerk, take the record. On this question, there are 114 people voting 'yes', 0 voting 'no'. The Motion having received the required Constitutional Majority, the House accepts the Governor's specific recommendations for change, and this Bill is hereby declared passed. Mr. Hoeft, House Bill 3172, Mr. Hoeft."
"Thank you, Mr. Speaker. I would ask that... move that we accept the Governor's Amendatory Veto to this Bill, since it strengthens and clarifies its intent."
"The Gentleman moves that the House accept the Governor's specific recommendations for change. The Chair recognizes Mr. Hartke."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Hoeft, what changes did the Governor make 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 in this program?"
"There was a question of the legal status of the people doing the rape kits. The nurse was given specific authorization in that Bill, and the Governor thought that that was too restrictive and then wanted to open it up to those other individuals, such as the physician. And it's acceptable to us as a way of clarifying and strengthening this."
"Would you repeat that? I had a hard time hearing you."
"The intent of the Bill was to give nurses the legal status of taking samples during a rape.... when a patient is brought into the emergency room for rape. There was some clarification needed because sometimes there was not a physician there present. So, what we were trying to do is saying that a nurse had the legal right to testify about this examination. Now, the original language was too restrictive saying that only the nurse could testify and it was thought that it could be challenged so that a physician could not testify. So the Governor's intent, the language that he gave, was to open it up to other individuals who were appropriately there could also testify in a court."
"That who are appropriately there. So, a physician would have to be present then in that circumstance when those samples were taken."
"Originally, a physician had to be present. Now, they're saying that a nurse has the legal authority to take that and testify, if she's properly trained in that particular area."
"Okay, under a doctor's orders or the nurse can do that on her own, emergency room nurse."
"If she has the rape crisis training from the Illinois police, she has the authority by this law to do it 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 herself."
"Is that a... is that a special license or training that she or he takes as a nurse?"
"It is not a special license, you just have to complete the training."
"So many hours?"
"I think it's just the completion of the program, I don't think hours are a part of the restrictions."
"Have the Illinois Nurses Association and the Medical Society are in support of this Amendatory Veto?"
"I have not had anyone come to me to say they are against it. I have been told they are for it."
"All right, thank you very much."
"You're welcome."
"The question is, 'Shall the House accept the Governor's specific recommendations for change?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 people voting 'yes', 0 voting 'no'. The Motion having received the required Constitutional Majority, the House does accept the Governor's specific recommendations for change relative to House Bill 3172. And this Bill is hereby declared passed. The Clerk has received a Motion concerning House Bill 2412. The Motion has been filed by Mr. Franks. The Chair recognizes Mr. Franks."
"Thank you, Mr. Speaker. I apologize to my colleagues. My computer wasn't working when House Bill 2412 came up, and when I had read this Amendatory Veto previously, I didn't remember what this Bill was. I voted for it at this time, but I'd like to have it reconsidered. Because what this does, this Bill, is it allows liquor sales at Memorial 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 Stadium at the University of Illinois. Many of us had voted against that in Third Reading and I'd like to have the vote called again, if we may."
Speaker Madigan: "The Gentleman moves that the House reconsider the vote by which House Bill 2412 was declared passed. The House having voted to accept the Governor's specific recommendations for change. Those in favor of the Motion say 'yes'; those opposed say 'no'. The 'ayes' have it, the Motion is adopted. The vote has been reconsidered and we will now call the matter again. So, Mr. Clerk, on House Bill 2412, Mr. Winkle moves that the House do accept the Governor's specific recommendations for change. Those in favor of that Motion vote 'aye'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Has Mr. Brunsvold voted? Mr. Novak voted? Representative Mulligan. Has Representative Mulligan voted? The Clerk shall take the record. On this question, there are 106 people voting 'yes', 8 people voting 'no'. The House does accept the Governor's specific recommendations for change, and this Bill is hereby declared passed. On page 2, on the Order of Consideration Postponed there appears Senate Bill 384, Mr. Bost. Mr. Clerk, what is the status of this Bill?"
Clerk Bolin: "Senate Bill 384 is on the Order of Consideration Postponed."
"Has the Bill been read three times?"
"The Bill has been read three times, previously."
"Mr. Bost."
"Thank you, Mr. Speaker, and I hope that the Body remembers the debate that occurred on this Bill. There were some questions that occurred and those questions have been answered and that is that... What this Bill does it allows 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 military recruiters to have access to student directory information. There was a question on whether or not it would require notification of the parents and the student before giving that out, and the answer was 'yes', and based on that I'm asking for a reconsideration of this vote, and I hope I can count on your 'aye'... on your support."
"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I apologize, I didn't hear you and my computer is running a little behind. Was this a Total Veto or an Amendatory Veto?"
"This was neither. This is a... this Bill was on Postponed Consideration and this is Third Reading of the Bill."
"I see. All right. Well we're moving so quickly here, I get confused. Let me ask you a couple of questions. I was teaching at a high school when the Federal Right of Privacy Act passed. And that was the basis at that time, that most high schools were advised by legal counsel that they could not release a list of students and addresses to anyone for any purpose. And I think universities subsequently followed suit. In fact, I remember you couldn't even call to find out if so-and-so was a student at the university or at the high school. Now, does this Bill then put us in conflict with the Federal Right to Privacy Act?"
"I do not believe that it does, Representative, and the reason I do not believe it does is because in this language it does request the permission of the student and the parent."
"So, if a family did not want their child contacted by any 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 representative of the armed forces, they can opt out, correct?"
"They can opt out, yes. As a matter of fact, they must be given the opportunity to opt out."
"Oh, that was my next question. There will be constructive notice given to the students that they do not... they have the right to withhold that information?"
"In this, in the language of this Bill it is specific that they should be given..."
"Okay, and then the question I think, now as I remember from last spring, one of the things that I think stalled this Bill was a question, can the military recruiters then sell or give this list to any other entity who might want that list?"
"And the answer to that is 'no', it is forbidden."
"Okay, fine, thank you."
"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'... Representative Monique Davis." Davis, M.: "Thank you very much, Mr. Speaker. I would just like to know, is this information to be provided at a cost? I'm sorry, I couldn't hear the argument. Is this information to be provided, the confidential information, that we're gonna provide to recruiters?"
"Representative, if the question is, does it cost to print the list? I'm sure that it does, but those lists are already printed for universities and all of... you know, so that no more costs than what already exists." Davis, M.: "So, Representative Bost, the Bill is saying that... you can't hear me either? The Bill is saying that the confidential information of a high school student can be given to an army or military recruiter, is that correct?" 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001
"The Bill is saying that the name, address, telephone number, that type of information, can be provided after a notice and permission is granted from the student and the parent, as they do for the universities from a recruiter." Davis, M.: "How do they give that permission?"
"According to... give me just a minute. Representative, can you repeat your question?" Davis, M.: "My question was, how do the parents give permission to the school that it is permissible to provide their confidential information of a name, address, and telephone number, to a military recruiter? What methods are used to give parents the opportunity to waive their right of confidentiality for their child?"
"The school must give notification to the parent by the sophomore year. At that time, the parent can choose not to allow that information to be given out." Davis, M.: "Is it in the Bill... is it in the Bill that a parent has to give a signature that says it's permissible to provide this information... I'll repeat it... Is it in the Bill, is it specifically stated in the Bill, that a parent would sign a waiver or sign something stating that army or military recruiters have the right to receive the confidential information of my child's telephone number, my child's address?"
"According to the Bill, you don't accept it, you deny it. You deny the opportunity for that information to be given out." Davis, M.: "How do you deny it? What method is given that... I mean, how would the parent even know that this might occur? Unless they send you a denial, how would they know? I'm a parent, I have a 14- or 15-year-old who's entering or in the second year of high school. That parent assumes that 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 perhaps a divorced mate, perhaps an abusive parent, or anyone would ever get that private information. Now, how does that parent maintain that confidentiality?"
"This does not give access to them through this language. It gives access only if the parent grants permission for that access to occur. Then, when they receive... then if that parent says, no I do not want that to occur, all they have to do is tell the school that, no I do not... page 9 of the Bill, Section (b). 'If a student or his parent or guardian submits a signed, written request to the high school before the end of the student's sophomore year (or if the student is transferred student by another time set by the high school) that indicates that that student or his or her parent or guardian does not want the student's directory information to be provided to the official recruiting representative under the Section... under this Section.' So it is a written notifi... It's a notification by the parents that they do not want this to happen." Davis, M.: "So, Representative Bost, along with that is there going to be or is there anything in the legislation that requires that the school notify the parents that this information will be provided unless a written declining letter is written? Is there something there that says, your information will be provided to military organizations unless we receive the letter from you that denies that?"
"That is exactly what the language says. Yes, it says that they must be notified. They must be notified by their sophomore year and so the parents are to be contacted. They are to be let know, that this information is going to be provided unless they otherwise tell them no." Davis, M.: "To the Bill, Mr. Speaker. I know this appears to be a very noble piece of legislation and I'm sure that with 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 all intentions, that might be what you attempted to develop. But we know for a fact, that some recruiters themselves are merely young people who often have behavior that is not acceptable. It is very unfair to a parent to feel that his or her daughter's telephone number and address might be given to a young suitor. Someone, the parent might feel is much too old for that high school student. There are many, many reasons that the confidentiality laws are on the books in every state in our country to protect children from many, many different things. There are many methods that can be used to give the military organizations opportunities to recruit members of their... for their institutions. There are a number of methods available. There are a number of family addresses. There are birthdates. There's census information and I just think it opens up an awful door to provide the confidential information of young impressionable teenagers to any organization. As you know, Representative, we are constantly fighting even on the Internet to protect youth who find themselves being coerced or induced into some kind of situations that are unsafe for them. So here again, if we provide this information to another organization or institution outside of an educational institution, we are putting our childrens' lives in jeopardy. The Bill will probably fly out. I'm sorry I cannot support this at this time, Representative. I believe in the confidentiality and the protection of the children in the State of Illinois."
"Mr. Stephens."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Sponsor yields."
"Representative Bost, could you remind us what this Bill is about?" 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001
"This Bill simply gives access after the parents have given permission for the opportunity for students to be notified about what their career opportunities are..."
"Representative, excuse me. Are you talking about American high school students?"
"American high school students."
"Access to information about how to get a hold of them by American military recruiters?"
"That is correct."
"Someone in this chamber finds that objectionable?"
"It seems."
"It's amazing what you hear on this House Floor. Ladies and Gentlemen of the House, I stand in strong support of Representative Bost Bill, which simply allows American military recruiters the right to talk to the children of American citizens in American high schools about how to serve their country. A Gentleman awhile ago addressed the Body and was kind enough to have those of us who have formerly served in the United States military to stand and be recognized and you were kind enough to applaud that gesture. There's nothing wrong with serving in the United States military. There's nothing wrong with the United States military addressing the students of our high schools about the advantages of serving your country. At this time, no more important time in history than when we are under siege by terrorists that the American military can talk to high school students about the advantages of serving one's country. I ask for a unanimous vote of support of Representative Bost's fine piece of Legislation."
"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 105 people voting 'yes', 3 people voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Hartke in the Chair."
Speaker Hartke: "On the Order of Total Vetoes. For an announcement."
"The Rules Committee will meet in the Speaker's Conference Room. The Rules Committee will meet in the Speaker's Conference Room."
"On the Order of Total Vetoes appears House Bill 3377, Representative Lawfer."
"Thank you, Mr. Speaker. House Bill 3377 has been debated on the House Floor numerous times. It deals with the enabling to the University of Illinois, Western Illinois University, to take place the study of industrial hemp. This has the support of the Illinois Farm Bureau. As we look at an alternative crop for Illinois agriculture in order to improve farm income. It also defines industrial hemp as having a low THC, calls for a study to develop industrial hemp that has a zero THC. Mr. Chairman, I'll be glad to answer any questions that the audience has."
Speaker Hartke: "Is there any discussion? Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 3377?' Representative Lawfer."
"Mr. Speaker, I'd like to ask for a favorable vote on this. I believe that industrial hemp will become an alternative crop in the United States. I think a 'yes' vote insures that Illinois will be at the forefront. The University of Illinois will be a key player in this and so 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 I ask for a 'yes' vote."
Speaker Hartke: "The question is, 'Shall the House pass House Bill 3377, the Veto of the Governor notwithstanding?' This Motion requires 71 votes and this is final action. All those in favor will signify by voting 'yes'; those opposed vote 'no'. Representative Cowlishaw, I did not see your vote and it's..."
"Thank you very much, Mr. Speaker. I'm sorry you didn't notice that light on there. I can understand why. It's so noisy in here I'm surprised any of us can see, let alone hear. The Bill... the underlying Bill that the Governor vetoed was vetoed for a very good reason and it all has to do not only with what the reality of the Bill itself says and what it purposes to do, but also with the public perception of what it is that we promote if we authorize a study of industrial hemp with the notion that we might wish it to become an accepted product of the agricultural industry in Illinois. The fact that this product has a direct link with the kinds of drug use that we want to discourage among our teenagers and young adults in Illinois, is not a subject that we need to debate, it is simply one about which we need a high degree of awareness. I do not know of anybody in or out of the farming community that believes the State of Illinois ought to be in a position of appearing to promote something that is not likely to be beneficial for our teenagers and young adults when we are doing so much and trying so hard to prevent and avoid drug abuse, particularly among that age group. Now, I intend to vote 'no' on this Override Motion and I would suggest that any of you who have the same concerns that I do about the whole problem with drug abuse among our teenagers should join me in voting 'no' on this Override 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 Motion. The Governor had very good reasons for vetoing this Bill. Thank you, Mr. Speaker."
Speaker Hartke: "Further discussion? Chair recognizes the Lady from Cook, Representative Erwin."
"Thank you, Speaker, Members of the House, Representative Lawfer and my colleagues. I am... it pains me greatly to see us have to go through this again. Representative Lawfer, Representative Hartke, Black, a number of us have looked at trying to find good, reasonable replacement crops for a sagging agricultural economy in the State of Illinois. I agree 100% with this Bill. I agreed with the Bill that the Governor vetoed the last time. My fear, as we stand here today and go through this exercise again, is that we only further divide arguments that, frankly, I would... disagree strongly with Representative Cowlishaw's statements. But the point is, it doesn't really matter, if people believe it to be so, unless we can find a way to bridge the understanding, my fear is that by attempting to override this we may actually be doing more harm than good. And so, for all of the reasons that Representative Lawfer wants to vote for the override which I totally concur with, I would actually urge the Sponsor to remove it from the record and see if we can't get the Department of Agriculture, the Governor's Office, the research universities in this state to sit down and work on research which we don't need a Bill to do. We do not need a Bill to do research. Research universities are getting waivers from Washington for these and work on it concretely to try and accomplish it. My fear is that by doing this we may never be able to actually study it and other reputable replacement crops. So, Representative Lawfer, you have worked so hard on this and I... and you have done such a 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 terrific job, I would just urge you to reconsider going foreword with this Veto Override and consider the possibility that by not calling for a vote we may be able to accomplish more in the end."
"Further discussion? The Chair recognizes the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I'll defer to certainly whatever Representative Lawfer wants to do with this Bill. If he wants to take it out of the record, that's fine. If he wants to try to have a study done or a waiver given to the University of Illinois, I'll certainly work with him on that. I did however want to just quote from an editorial that appeared in the Arizona _______________ Tribune on November 5, 2001. It's interesting to note that Arizona is discussing this very same issue. And the editorial goes on as follows and I'll paraphrase and be brief. Our founding fathers grew it, Thomas Jefferson did and he wrote the Declaration of Independence on paper made from it. Benjamin Franklin owned a mill that made such paper. Shipbuilders craved it for making sails. Federal authorities, who have since banned it, encouraged growing it during World War II after imports from Japan were cut off. The Army and the United States Department of Agriculture organized a patriotic campaign to encourage growing it domestically. Henry Ford wanted to build car bodies out of it. Its fibers are longer, stronger, more absorbent and more mildew resistant than cotton and as a construction material is lighter yet stronger than wood. What is it? It's hemp. It's been grown for at least 12 thousand years and it's been used for fiber in textiles, paper, food, lubricating oil, and thousands of other useful products. And the only way that 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 we can use any of that in today's marketplace is if we import it from a foreign country. This study does not legalize hemp. It doesn't make it available on the market. I daresay, in all due respect to my colleagues, I don't know how it can send a mixed message to somebody. All this Bill attempts to do is to have one of the premier research universities in the world study this product that has been around from time immemorial to see whether or not a domestic market or state market or even hopefully, an import market... an export market would exist for the fiber from the product known as hemp. Because of its relationship to its cousin, we tend to lump it in the same basket, and oh my goodness we just can't even study it. When the day comes that we can't study an issue no matter how controversial to find out what some of the answers are to the many questions that exist on both sides of this issue, that's a sad day in the history of an educated and inquiring populous. That's all this does. It doesn't legalize it. It doesn't make it available. It calls for a study under the most tightly controlled of conditions and then a report would have to come back here and any action taken on that would also have to come back to this General Assembly. And before you could grow it, if the market would say that there is a market for it, the Federal Government would have to approve it as well. So there are all kinds of safeguards on this Bill. The Gentleman has worked two years. Even the most ardent opponent of his Bill, in a release handed out to many of us today, praises him for his willingness to work, his willingness to listen, his willingness to compromise on an issue that he, from an agricultural standpoint, probably knows more about than any of us on the floor. I trust Representative Lawfer. I 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 trust Senator Bowles and I, if he wants wants us to vote, I intend to support him and vote 'yes'."
Speaker Hartke: "Further discussion? The Chair recognizes Representative Berns."
"Thank you, Mr. Speaker. I rise in support of the Sponsor's legislation. This legislation is intellectually and scientifically sound. Its problem appears to be a perception. I would certainly hope that all Members of this Body would deal with the facts and details and the intellectual soundness of it, rather than the perception. The Governor has sent a message of concern. I share his concern, but I do not share his specific rejection of this legislation. We want to preform a scientific study at a recognized scientific university, the home field of the University of Illinois. We need to get it done. Thank you."
"The Chair recognizes Representative Winkel."
"Thank you, Mr. Speaker. I, too, rise in support of this Motion. I rise in support of agriculture, university research, and I applaud the efforts of this Sponsor to bring new crops to agriculture. It's something obviously that the university should be involved in research. Representative Lawfer has bent over backwards to make this a Bill that is acceptable. I have voted against it in the past, but I intend to support him today. He has put in the Bill very clearly that this research effort would be an effort to find a THC-free plant. He's also encouraged Western Illinois University to work on law enforcement mechanisms to make sure that there is no problem in the future. I think Representative Black has said it very well, I will not belabor the point except to say that I think this is a vote, 'yes' vote for agriculture, 'yes' 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 vote for university research and I support the Sponsor's efforts. Vote 'yes'."
"Any further discussion? Seeing that no one is seeking recognition, Representative Lawfer."
"Mr. Speaker, I appreciate all the words of support in this legislation. Some of us have worked on this for three years. It's become a educational process to un... for a lot of people to understand what industrial hemp is. From the discussion that has taken place on the floor, I believe that we have to continue our education process, therefore I ask that this Bill be taken from the record."
"Mr. Clerk, take this Bill out of the record. Clerk, Rules Committee Report."
Clerk Bolin: "Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on November 13, 2001, reported the same back with the following recommendation/s: 'direct floor consideration for an acceptance Motion' for House Bill 279 and 'direct consideration for acceptance Motion' for House Bill 549."
"Clerk, committee schedule."
"This afternoon the Labor Committee will meet at 3:00 p.m. in C-1 of the Stratton Building. And the Personnel & Pensions Committee will meet in Room C-1 of the Stratton Building at 3:30 p.m. Again, this afternoon the Labor Committee at 3:00 p.m., and the Personnel & Pensions Committee at 3:30 p.m. Tomorrow, Wednesday, November 14th the Electric Utility Deregulation Committee will meet at 11:00 a.m. in Room 114 of the State House. The Elementary & Secondary Education Committee will meet at 9:00 a.m. in 118 of the State House. The Judiciary II-Criminal Law Committee will meet at 9:00 a.m. in Room 114 of the State 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 House and the Insurance Committee will meet at 2:00 p.m. in Room 118 of the State House. Again, tomorrow the following committees will meet: Electric Utility Deregulation at 11:00 a.m. Elementary & Secondary Education at 9:00 a.m. Judiciary II-Criminal Law Committee at 9:00 a.m. and the Insurance Committee at 2:00 p.m."
"Clerk, another announcement."
Clerk Rossi: "Attention Members, the Secretary of State's Office has passed out a vehicle placard, which is a laminated card, which is on your desk. They would ask that you take that card and display it in your vehicle while you're in the Capitol Complex. It will allow you to move more freely through the parking areas and around the Capitol Complex. Each one of those placards is assigned to you. There's a number on it that corresponds to your vehicle, so don't pass it around or anything like that. So I just ask that you take those and put those in your car."
Speaker Hartke: "... Member have an announcement they would like to make? Seeing that no one is seeking recognition, Representative Lang now moves that the House stand adjourned until the hour of... the hour of 1:00 p.m. Let's make a correction. The House will stand adjourned until the hour of 1:00 p.m. on Wednesday, November the 14th, allowing perfunctory time for the Clerk. All those in favor will signify by saying 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it and the House does stand adjourned. House is planning to at this time be in Session Thursday for those of you who would like to make plans for hotel rooms, Representative Black."
"House Perfunctory Session will come to order. Committee Reports. Representative McKeon, Chairperson from the Committee on Labor, to which the following measure/s 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 72nd Legislative Day November 13, 2001 was/were referred, action taken on Tuesday, November 13, 2001, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #1 to House Bill 2935. Representative Murphy, Chairperson from the Committee on Personnel & Pensions, to which the following measure/s was/were referred, action taken on Tuesday, November 13, 2001, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #1 to House Bill 2691. Being no further business, the House Perfunctory Session stands adjourned." 26