"The House shall come to order. Members will please be in their chairs. We'll be led in prayer today by the Reverend Len Peterson of the All Saints Lutheran Church in Palatine. Reverend Peterson is the guest of Representative Bassi. Our guests in the gallery may wish to rise and join us for the invocation and for the Pledge of Allegiance. Pastor Peterson."
"I just want to thanks to the Leaders and also Members of the House for the invitation to be here, especially my Representative Suzie Bassi. Just a brief word of personal introduction. My wife and I are native south side Chicagoans and I see a Wrigley Field sign over here that I'm not real happy about, but... And spent the greatest number of years in my parish ministry in the Beverly community in Chicago, on the great south side and my... I've changed Representatives by moving out to Palatine from Monique Davis to Suzie Bassi, but I still have a State Senator named Jones, formerly Emil, currently Wendell. I know I know a Wendell, I understand though, they're not related. Let us pray. Loving and liberating Creator God, we have in separate traditions just celebrated Your mighty acts of deliverance of Your people. You set us free. We may rejoice in Your grace and hope and express Your care and compassion for all Your children created equally in Your image and they maintain justice and fairness in our society. We give thanks for the abundant resources of our state for rich farm lands and great universities, for enriching culture and productive commerce and industry. And for the people who farm and teach and create and heal and produce and govern and labor, may we all be grateful and responsible stewards of all Your gifts. Bless and guide Your public servants assembled here. They 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 may serve Your purpose of sustaining and enriching the well-being of all the citizens of our state. May their priority always be people and not simply power or personal prestige or partisan pettiness. Give them insight, wisdom, and compassion as they debate and decide the tough issues confronting them in these difficult times and give them courage to stand firm in their convictions. Grant them health and stamina in their tasks and with their families, especially in the times of their absence from them. Sustain them with Your spirit of counsel and love that they may know and experience the blessing and joy of their public service and persevere in times of challenges and frustration. We pray all this in the name of the loving and liberating Creator God of all. Amen."
Speaker Hartke: "We shall be led in the pledge by Representative Simpson."
"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Hartke: "Thank you very much. It was very good, very good. Roll Call for Attendance. Did you put me in, Brad? Roll Call on the Democrat side."
"Thank you, Speaker. Please let the record show that we have no excused absences to report among House Democrats today."
"Representative Bost."
"Thank you, Mr. Speaker. Good morning. Just to let you know that the Republicans have no excused absences to report. Everyone is here."
Speaker Hartke: "118 Members reporting for the Roll Call. A quorum is present and we're ready to do business. 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Committee Reports."
Clerk Bolin: "Committee Reports. Representative Lyons, Chairperson from the Committee on Revenue, to which the following measure/s was/were referred, action taken on Tuesday, April 2, 2002, reported the same back with the following recommendation/s: recommends 'be adopted' Floor Amendment #3 to House Bill 5734. Representative McKeon, Chairperson from the Committee on Labor, to which the following measure/s was/were referred, action taken on Tuesday, April 2, 2002, reported the same back with the following recommendation/s: recommends 'be adopted Standard Debate' Floor Amendment #1 to House Bill 4531 and Floor Amendment #2 to House Bill 5996. Representative Mautino, Chairperson from the Committee on Insurance, to which the following measure/s was/were referred, action taken on Tuesday, April 2, 2002, reported the same back with the following recommendation/s: recommends 'be adopted' Floor Amendment #1 to House Bill 5789. Representative Steve Davis, Chairperson from the Committee on Constitutional Officers, to which the following measure/s was/were referred, action taken on Tuesday, April 2, 2002, reported the same back with the following recommendation/s: recommends 'be adopted' Floor Amendment #1 to House Bill 3713 and Floor Amendment #2 to House Bill 4937. Representative Slone, Chairperson from the Committee on Conservation & Land Use, to which the following measure/s was/were referred, action taken on Tuesday, April 2, 2002, reported the same back with the following recommendation/s: recommends 'be adopted' Floor Amendment #1 to House Bill 6013. Representative Erwin, Chairperson from the Committee on Appropriations-Higher Education, to which the following measure/s was/were referred, action taken on Tuesday, April 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 2, 2002, reported the same back with the following recommendation/s: recommends 'be adopted' Floor Amendment #1 to House Bill 6138."
Speaker Hartke: "The Chair recognizes Representative Bost. For what reason do you seek recognition?"
"For a point of personal privilege, Mr. Speaker."
"State your point."
"Yes, if I could get the Body's attention. I'd like to give a warm Springfield welcome to Trinity High School is in the gallery visiting with us today. They're from Carbondale, a Christian school at Carbondale."
Speaker Hartke: "Welcome to your State Capitol. Mr. Clerk, what is the status of House Bill 4129?"
Clerk Bolin: "House Bill 4129 is on the Order of House Bills-Third Reading."
Speaker Hartke: "Place that Bill on the Order of Second Reading for the purpose of an Amendment at the request of the Sponsor. Chair recognizes Representative Mautino. For what reason do you seek recognition?"
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I'd like to introduce a group of students who are joining with us today. They are in the gallery, from Streator High School. And they are part of a statewide pilot project which looks at different careers throughout the state. And they're gonna be spending a few minutes to take some pictures of the General Assembly and also talk to some of our Members. So, I'd just like you to welcome them and have a good day, kids."
"Welcome to the Capitol. Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 745, offered by Representative Tenhouse; House Resolution 746, offered by Representative Capparelli; House Resolution 747, offered 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 by Representative Miller; House Resolution 748, offered by Representative Zickus; House Resolution 749, offered by Representative Zickus; House Resolution 753, offered by Representative Novak; House Resolution 755, offered by Representative Cowlishaw; and House Resolution 756, offered by Representative Watson."
Speaker Hartke: "All in favor of the Agreed Resolutions signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the Agreed Resolutions are adopted. Representative Black, for what reason do you seek recognition?"
"Thank you very much, Mr. Speaker. A point of personal privilege, if I might."
"State your point."
"Yes. Ladies and Gentlemen of the House, if you would join with me in welcoming and wishing a colleague of ours the very best on her birthday, this is Representative Renee Kosel's birthday. We're not going to get into age. However, we did have a cake planned, but we couldn't get the open air burning permit for the candles from the IEPA. So, we won't have the cake, Mr. Speaker, but happy birthday anyway, Renee."
Speaker Hartke: "Chair recognizes Representative Currie. For what reason do you seek recognition?"
"Thank you, Speaker. I just wanted to ask you to join me in welcoming a former State Representative who's visiting with us today, Susan Catania, Republican from the Chicago south side."
"Welcome back to the chamber, Representative. House Bill 3682, Representative Bassi. Mr. Clerk, read the Bill, please."
Clerk Bolin: "House Bill 3682, a Bill for an Act concerning government security procedures. Third Reading of this 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 House Bill."
"Representative Bassi."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the chamber. This is the Bill that we amended yesterday. The Amendment becomes the Bill. It allows public bodies to hold closed meetings when there is a threat or a potential threat to the public, whether this is for public or private property. It is an initiative that came from the Village of Rolling Meadows. With the Amendment it is supported by the free press. It allows a closed meeting to be held whenever there is a threat to the public. I would ask for your support and an 'aye' vote."
Speaker Hartke: "Is there any discussion on House Bill 3682? Seeing... Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Yes. Representative Bassi, I have one question and I'll be glad to come over. Is this your number one priority?"
"Today."
"Today."
"Yes, Sir."
"All right. If I come over after this Bill passes, will you tell me how to get a Bill called in this chamber?"
"Yes, Sir."
"Thank you."
"Chair recognizes Representative Stephens."
"A question of the Chair."
"State your question."
"Same alphabet?"
"Yes."
"Are we on the Bs?" 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"We're on the Bs."
"Thank you very much."
Speaker Hartke: "Further discussion on the Bill? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 3682?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative O'Brien. Mr. Clerk, take the record. On this question, there are 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5601, Representative Boland. Mike Boland. Mr. Clerk, read the Bill."
"House Bill 5601, the Bill's been read a third time, previously."
"Mr. Boland."
"Mr. Speaker, I don't want it called at this time."
Speaker Hartke: "Out of the record. House Bill 4531, Representative Beaubien. It's on Second Reading. Mr. Clerk, read the Bill, please."
"House Bill 4531, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Beaubien, has been approved for consideration."
"Representative Beaubien on the Amendment."
"Yes, this is a very straightforward Bill. It makes our law consistent with the Federal Law under the UI provisions. And it actually only applies to one employee in the state, who is employed by an Indian casino that's out-of-state. It's very straightforward that we must become consistent with Federal Law. And I urge the adoption of the Amendment." 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
Speaker Hartke: "Is there any discussion on the Amendment? The Chair recognizes Representative Parke."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, I just want to make sure that this does not give any standing... status to any form of Indian tribes in the State of Illinois?"
"It's my understanding there are no recognized tribes in the State of Illinois and it was testified to yesterday by the department that it does not give them status."
"Thank you."
Speaker Hartke: "Further discussion? Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, why is this necessary?"
"The Federal Consolidated Appropriations Act of 2001 amended Federal Law to require services performed by Indian tribes must be covered by the state's UI system and if we don't do it we're subject to a hundred million dollar fine."
"In my area of the state there's a very controversial proposal. An Indian tribe has filed a lawsuit saying that a treaty signed by the Federal Government in Washington, DC, before Illinois was even a state, is not applicable and they are claiming hundreds of thousands of acres of land in Central Illinois. Now, rumor has it that they would settle this lawsuit if they were to be granted a certain parcel of land on which they could put a casino. And that's very controversial in my part of the state, obviously. And I just want to follow up on what Representative Parke was 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 saying. If this law covers a Native American who's employed by a casino in Illinois, then what reassurance do people in my district have that we are not giving defacto legal standing for the Miami Indian Tribe lawsuit currently in the Federal Court System?"
"Well, I guess my first response would be, the employee is not an Indian. And the second is, the testimony in committee is that this does not give any recognition to tribes in the State of Illinois. It only makes an Amendment to the Unemployment Insurance Act, that's all that it does."
"So, this arises out of a situation in Connecticut, correct?"
"I believe that's where the casino's located, correct."
"And it would put the State of Illinois in compliance with a federal ruling on the Native American issue of a casino employee in the State of Connecticut. And that's what you're trying to do?"
"If we want to continue to get our money from UI we must... we must comply with the Federal Law. We're making our law consistent with Federal Law and again, it only amends the UI Act it doesn't have any..."
"Okay. All right. So, it is a... it is a change making our UI insurance law in concert with Federal Law that generally takes precedent on these kinds of issues, correct?"
"That is correct. Yes."
"All right. Thank you very much."
Speaker Hartke: "Further discussion on the Amendment? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 4531?' All those in favor signify by saying 'aye'; opposed 'no'. 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
Speaker Hartke: "Third Reading. Chair recognizes Representative Crotty. For what reason do you seek recognition?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"State your point."
"I would like the House Members, all of my colleagues, to give a warm welcome to the Carpenter family. Jeff and Jenny brought two of their kids, Kate, who is a junoir at Chicago Christian in Palos Heights and their son Aaron, who's a freshman at Chicago Christian, also. But they also brought a young lady who is an exchange student from East Germany from a town called Guben and her name is Annett Schneider and she's here to watch all of us in the State of Illinois pass legislation so she can report that back to her class in Germany. So, if they would rise and let all of us give them a very warm welcome. Nice to have you here."
Speaker Hartke: "House Bill 5846, Representative Bradley. Mr. Clerk, read the Bill. Please."
"House Bill 5846, a Bill for an Act concerning environmental safety. Third Reading of this House Bill."
"Representative Bradley."
"Thank you, Mr. Speaker. This Bill amends the Environmental Protection Act in the titles concerning Petroleum Underground Storage Tanks and the Site Remediation Program. It provides that Licensed Professional Geologists may perform the same functions as Licensed Professional Engineers, including the review and evaluation of Brownfield sites. Again, this broadens the 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 pool of workers who could work on these projects and again geologists are capable. They have the skills and experience to do this necessary work."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 5846?' All those in favor signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 Members voting 'yes', 2 Members voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3713, Representative Bost. Mike Bost. Out of the record temporarily. House Bill 5734, Representative Currie, Barb Currie. Mr. Clerk, read the Bill, please."
"House Bill 5734, the Bill's been read a second time, previously. Floor Amendment #3 has been approved for consideration, offered by Representative Beaubien."
"Representative Beaubien on the Amendment."
"Thank you very much. This is a result of two years of hard work and several months of wrangling on language and it deals with the Round Lake School District. It's a school district that's been under a voluntary in... oversight panel for two years. They issued a recommendation in January. Essentially, the Amendment is the three separate points and the one that is selected is really the only viable alternative, is the Bill that's before you today, which provides for an authority that has economic oversight and hiring and firing oversight with the administrative part of government. They literally run the school, much as the same as in East St. Louis. There will 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 still be a board which will deal with disciplinary matters and other items. And the IEA has agreed with the Bill and have been very supportive in preparing it. And essentially, their role is that they will agree to recognize the authority and will negotiate in good faith through the authority when the union contracts come up in the future. The Illinois State Board of Education supports it. The surrounding school districts support it. The Voluntary Oversight Panel supports it. And by the way, we worked with Chapman and Cutler on this Bill also to make sure it met all the bonding authorities and the IEA supports the Bill. I would urge for purposes of moving this forward that we adopt the Amendment and we can have a more full discussion on the floor in the full debate. Thank you."
Speaker Hartke: "Further discussion on Floor Amendment #3? Seeing no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #3 to House Bill 5734?' All in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
Speaker Hartke: "Third Reading. House Bill 5578, Representative Brosnahan. Mr. Clerk, please read the Bill."
"House Bill 5578, a Bill for an Act in relation to criminal law. Third Reading of this House Bill."
"Representative Brosnahan."
"Thank you, Mr. Speaker, Members of the House. House Bill 5578 amends the Criminal Code. It eliminates the statute of limitations for any offense involving sexual conduct or sexual penetration in which the DNA profile of the offender is obtained, whether or not that DNA profile 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 actually identifies named individual. This section only applies if the victim also reports this offense to law enforcement authorities within two years. This Bill is an initiative of the Cook County State's Attorneys Office. I know of no opposition to the Bill and I'd be happy to answer any questions."
Speaker Hartke: "Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 5578?' All in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And the House does pass House Bill 5578. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4116, Representative Black. Mr. Black, now is your time."
"House Bill 4116, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Mr. Black. Third Reading. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 4116, a Bill for an Act in relation to criminal law. Third Reading of this House Bill."
"Mr. Black. Mr. Parke, for what reason do you seek recognition?"
"Thank you so much, Mr. Speaker."
"Excuse me. Mr. Parke, you have an objection?"
"Yes, I just want to hear him whine some more, so please take this out of the record so we can continue to hear him whine and moan."
"Mr. Black, please present your Bill." 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"I'm shocked that my colleague would say that."
"We all are."
"Our history of friendship goes back many, many years."
"At least a week."
"Thank you very much, Mr. Speaker. To paraphrase Julia Roberts, 'I love my life.' House Bill 4116 is an initiative that I filed after a most unfortunate incident in my district involving the prison in the community of Danville. I won't belabor you with privatization, but we had a private health services contractor who suddenly disappeared and to this day they owe $427 thousand to health care providers in my district. You read into that whatever you want about other privatization issues. But when we've tried to collect the money, we said, oh well, that's, ya know, gee they were a private contractor. It isn't our fault. We can't even go to the court of claims. So, all this does is to say that if you're going to issue a private contractor in the department, when you let a bid for contract, for food, commissary services, the bid may only be let to a food or commissary services provider that has obtained an irrevocable letter of credit or a performance bond issued by a company whose bonds are rated triple 'A' by a bond rating organization. In this way, I think if we have private contractors who go bankrupt or who pull out in the middle of the night with unpaid debts to local vendors, we may be able to recover those debts. That's what the Bill does. I'll be glad to answer any questions."
"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4116?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the... Who's not voting? On this question, there are 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And the House does pass House Bill 4116. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Yarbrough, for what reason do you seek recognition?"
"Yes, Mr. Speaker, for some reason my button isn't working here, but I expected to vote 'yes' on that Bill."
"The record will so ref... or the Journal will so reflect your wishes. House Bill 5636, Representative Durkin. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 5636, a Bill for an Act in relation to criminal law. Third Reading of this House Bill."
"Representative Durkin."
"Thank you, Mr. Speaker. House Bill 5636 is an initiative of the Cook County State's Attorneys Office which is going to expand the definition of identity theft. Prior law makes it a penalty when it is used for financial gain for an individual when they commit the act of financial identity theft. This is going to take it further in which it is going to expand the definition where the... does not require the pecuniary loss. It is just the intent of purporting to create fictitious identification on behalf of an individual for the furtherance of a criminal activity but also creates penalty of possession of identification materials which are used in the processing of making these false identification documents which will create the Class III felony. So, I'm willing to take any questions, Mr. Speaker."
Speaker Hartke: "Is there any discussion on House Bill 5636? 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 5636?' All in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk... Mr. Dan Reitz, would you like to vote? Mr. Clerk, take the record. On this question, there are 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And the House does pass House Bill 5636. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5996, Representative Hultgren. Representative Hultgren. Mr. Clerk, read the Bill."
"House Bill 5996, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Steve Davis, has been approved for consideration."
Speaker Hartke: "Representative Davis on the Amendment. Excuse me. We'll pull it out of the record temporarily. House Bill 5912, Representative John Jones. Mr. Clerk, read the Bill. Please."
"House Bill 5912, a Bill for an Act concerning motor vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 5912, a Bill for an Act concerning motor vehicles. Third Reading of this House Bill."
"Representative Jones." Jones, J.: "Thank you, Mr. Speaker. House Bill 5912 is the Uniform Speed Limit Bill which would increase the speed limit for trucks to 65 mile an hour on our four-lane highways that are now 6... 55. If a highway in the State of Illinois is 55 for automobiles, this Bill would not 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 affect it. This only affects downstate interstates. Be happy to answer any questions."
"Is there any discussion? Chair recognizes the Lady from Lake, Representative Garrett."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, as you know, I've been an opponent to allowing for the truck speed limits to increase. This Bill came up last Session and it was defeated I think with under 50 votes. The reason for that is really quite clear. There is a safety issue connected to that and one of the things I'd like to point out unrelated to the safety issue is that this... this Bill is not just pertinent to rural areas of downstate. Let me read to you some of the areas that this Bill will cover. In the Chicago area, I-55 in Joliet, I-57 Kankakee in the south suburbs of Chicago, I-80 the Quad Cities and portions of south suburbs of Chicago. It does not include most of the Joliet area, I-88 Aurora and portions of the west suburbs of Chicago, I-90 Rockford, Elgin and portions of the west suburbs of Chicago, I-94 portions of the northern suburbs of Chicago and it goes on and on and on. So, this is not specific just to downstate and also in the Bill, there is no clear language that really separates one area from the other. So, this kind of Bill could not really be enforced and there would be a lot of gray area as to where trucks could be going 65 miles an hour versus 55 miles an hour. The other point I'd like to bring up is that in 1988, as we know, it's the first year that we had the 65/55 mile an hour speed limit enforcement. Since that happened in 1988, there has been a 26% decrease in fatal crashes and a 30% decrease in fatalities. This comes from the Illinois Department of Transportation. And 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 then finally, what I'd like to say is that the Chicago _______ _________ conducted a reader poll asking, 'Should the speed Sun-Times limit for trucks be raised to 65 miles per hour?' The results of the survey was 32% said 'yes', and 68% said 'no'. I ask all of my colleagues to please think very seriously about this and vote 'no'. Thank you."
Speaker Hartke: "Further discussion? Chair recognizes the Gentleman from Sangamon, Representative Poe."
"Yeah, Mr. Speaker, I'd just like to rise in support of the Motion to the Bill. Mr. Speaker, Ladies, and Gentlemen of the House, I think this is not only... this is a Bill that is we... I consider a safety Bill. Too many times we're goin' down the road and we got different traffic lanes and we're blocking traffic because we got one lane running 55 and someone's trying to pass and we back up and I think this creates road rage by having a differential in our speed limits. I travel to Oklahoma a lot and as soon as I get into Missouri and Oklahoma both, they have a unified speed limit and it seems that traffic moves much better, there's not big backups on the interstates. And one point of on the interstate, there's not stop lights on the interstate, this is areas that we're driving down the road, it's open road, and it's not a lot of stopping and starting. They do have to abide by the 55 mile an hour speed limits when they go through those. That's a uniform speed limit we have now. I just think that it would be a safety factor if we could have all traffic moving the same speed. Thank you."
Speaker Hartke: "Further discussion? Chair recognizes Representative Bost."
"Thank you, Mr. Speaker. I rise in strong support of the Bill. My life prior to coming into the General Assembly, I 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 was... spent my life in the trucking industry. Folks, it does not make sense to be... have the states around us having uniform speed limits then you get into the State of Illinois and then all of the sudden you have to have a split speed limit. I believe it's a dangerous situation. This Bill has been a long time coming. It's been pushed for many years. It only makes sense. Now, I know that we have a large metropolitan area and that can be dealt with... I mean, but what we're talking about four... multi-lane highways. Folks, it does not make sense to tell one group of drivers to drive one speed limit and another group to drive another and think that's safe. We know how the flow of traffic works. I've heard the arguments from the other side. I've heard the fact that, oh well, they're gonna drive faster anyway. Well, why should they be in violation of the law? That doesn't make sense, folks. All we're.. all this Bill does is say that it's going to be a uniform... uniform speed limit so that the flow of traffic goes safely. Now, you can say, well, they're just gonna speed, as I said a while ago. Then the problem is that you need to go ahead and enforce the law at the speed limit that is posted. But there should be not... there should not be a posting of two separate speed limits for two different vehicles. It's a hazard to the drivers in the State of Illinois when you give a split speed limit. I think it's a good Bill. I think it's been a long time coming. I think everybody should support it."
Speaker Hartke: "Further discussion? Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. To the Bill. This Bill has been before us many years and we hear the same old, tired 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 arguments from our suburban friends every time and I think it's about time that we put some these red herrings to roost. A previous speaker mentioned all of these interstate highways in the metropolitan area that would suddenly have a 65 mile an hour speed limits for trucks. That's just not true. That is simply not true. It will not allow a 65 mile an hour limit on the Tri-state tollway. It will not allow a 65 mile an hour limit on the east-west tollway, the Dan Ryan, the Kennedy, the Calumet, or I daresay, I-80 through most of the urbanized area of the Chicago Metropolitan Area. An urbanized interstate is delineated by Federal Law. Now, if you know where I live, a town of 33 thousand people, I have a rural interstate, but when it goes through that area just south of Danville the Federal Government has classified that an urbanized interstate. Why? Because of the number of exits and entrances within so many miles. And that's why trucks and cars on that urbanized area have to go 55 miles an hour. And I don't have any problem with that. But when you get on a rural interstate where exits and entrances may be 10, 12, 15 miles apart... Let me just read you some facts; 41 states have adopted this law, 41 states. There are only four states in the country that have a 55 mile an hour daytime truck speed limit of 55 miles an hour. Now, that means we're either one of the four most brilliant states in the country or we're lagging behind. Let me quote a study conducted for the American Automobile Association Foundation. It cited significant facts which I don't think you can ignore. Number one, in those states that have a uniform speed limit there was no increase in the accident rate. That research conducted for the State of Virginia which adopted a uniform 65 mile an hour speed limit showed 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 that there was no increase in the accident rate involving trucks on rural interstate highways. This does not raise the speed limit on urbanized interstates. It doesn't raise the speed limit on any two-lane road anywhere in the State of Illinois, doesn't allow them to go 65 on any county, township, or municipal road. We are talking about rural interstate highways. And even in my rural district, my rural community, there is about a five mile stretch where the Federal Government has ruled that is an urbanized interstate because there are entrances and exits about every two miles. I don't have any problem in that stretch of road in my district the speed limit will remain 55 miles per hour, as it should. But when you get out into the rural areas, for those of you who've traveled I-72 I think you have some idea of what I'm talking about, there's no reason to maintain the differential. Studies have indicated that the accident rate doesn't go up. Forty-one states have already adopted the uniform speed limit and so, ya know, I would just simply say if you're against it on principle, fine. You can say that. But don't get up year after year and say that somehow we are trying to let trucks drive in the Metro-East area or the Metropolitan Chicago area at 65 miles an hour. That's just not true and that dog won't hunt. I think it's time to vote 'aye' for this reasonable speed limit Bill that impacts only rural, designated rural, interstate highways. Forty-one states have done it. Research has clearly indicated that it has not created an increase in accidents. I think it's time to vote 'aye'."
"Chair recognizes Representative Erwin."
"Thank you, Speaker. The previous speaker mentioned putting to rest some red herrings and he has a dog that he 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 wants to hunt. Well, I've got another dog that wants to hunt and some red herrings with all due respect that I think have been commented on as if they were fact. Ladies and Gentlemen, the Illinois Department of Transportation strongly opposes this Bill. It isn't because we don't support good interstate commerce in this state. Of course we do. Any right-minded person opposes this Bill because it is bad for public safety. The simple facts bear out. According to the National Highway Traffic Safety Administration, it is common sense a truck that weighs 80 thousand pounds traveling at 65 miles per hour requires 40% more distance to come to a safe stop than a same vehicle... than a vehicle that's traveling at 55 miles an hour. The statistics are overwhelmingly supporting a 'no' vote on this Bill. That's why, ya know, why we say they've heard this year in and year out it is... you've heard it year in and year out because it's right. The fact of the matter is that since we have lowered the truck speed limit to 55, lives have been saved. Now, I've been around this process long enough to know that there are those who support bigger, wider, longer, faster, heavier trucks and I appreciate that, but I care just as much about the lives of people, children, families, traveling on downstate interstate highways as I do of interstate highways in Chicago. Five thousand two hundred and eighty-six Americans were killed in crashes involving large trucks in 1992. Fourteen percent of them unfortunately were truck drivers, but understand, 74% of them were people in cars, 10% of them were people on motorcycles. If uniform makes sense, well, what the heck, we ought to have the bicycles be have to be mandated to travel at 65 miles an hour, too. The statistics overwhelmingly bear out not supporting this 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill. And Ladies and Gentlemen, even if you don't care what the research and public safety shows, maybe public opinion will sway you, because in a recent poll in the Chicago _________________ Sun-Times 68% responded they did not support this Bill. Please vote 'no'. Vote 'no' for... vote 'yes' for public safety. Vote 'yes' for where the public safety research clearly indicates lives have been saved when large trucks travel at 55 miles an hour. Illinois residents' lives have been saved. Do not roll back the clock on this. Help save the families in your district who might fall victim to that 80 thousand truck... 80 thousand pound truck that won't be able to stop in time. Please vote 'no'. This is not... this is not a vote for the trucking industry's commerce. We want them to live, too. The 14% of the truckers that died in these accidents would be alive today had they been traveling at safer speeds. So, I say please vote 'no' for common sense. Vote 'yes' for public safety and for your constituents."
"Chair recognizes Representative Zickus."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yield."
"I would... I'd just like you to clear something up. Our analysis states that this would apply to large trucks and trailer trucks that they may travel outside of the urban areas on tollways and four-lane highways. What is your definition of outside of urban areas? I happen to live in a suburban area not too many miles from the City of Chicago and have a tollway that goes right through the suburbs." Jones, J.: "The Chicago suburban area and East St. Louis area of the State of Illinois."
"So, what is the urban area?" Jones, J.: "Those are classified by Federal Law as urban 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 highways."
"So, can you tell me that this is not going to apply to the 294 tollway that goes through the south suburbs only a few miles from the City of Chicago?" Jones, J.: "Yes, yes. This will not apply to them."
"That's not what this says." Jones, J.: "Well, it does not apply to them. It's exactly what it says, yeah."
"Well, I thank you for that. Still, the way this Bill is written I would urge your 'no' vote. Illinois... even though 41 other states have adopted this, they are not transportation hubs as the City of Chicago and the State of Illinois is. And I urge your 'no' vote."
Speaker Hartke: "Further discussion? Chair recognizes Representative Stephens."
"Well, thank you, Mr. Speaker. To the Bill."
"To the Bill."
"I just wanted to... Well, no, I'd like to ask a couple of questions."
"Sponsor will yield."
"Representative, the Illinois Department of Transportation has been mentioned in debate. Can you clarify for me the position and the reasons behind that position of IDOT?" Jones, J.: "In Transportation Committee the response from IDOT was they're opposed to the Bill due to the fact that they would have to go out and change the signs throughout the state."
"Change the signs?" Jones, J.: "Change the speed limit signs."
"That's the basis of their opposition?" Jones, J.: "That was the basis of their opposition." 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"So, to your knowledge the Illinois Department of Transportation didn't bring up safety issues in their opposition to the Bill?" Jones, J.: "To my knowledge."
"Well, isn't that interesting. I thought that when I heard in the debate earlier that the good name of the Illinois Department of Transportation was brought up based on safety issues and lo and behold, the basis of their opposition is they don't wanna have to go take down the signs and put up new ones. Well, I'll tell you, it's interesting what... we all do this, I guess we're all guilty of it. We... We're opposed to something for whatever reason and then we pick and choose what data or what parts of information in developing positions that we care to talk about here on the floor and then think that that's going to influence the debate and we will have our way. The truth of the matter is, is that in states where there is a disparity between various vehicles and their allowed speed limit, which by the way, is not a mandatory speed limit. This doesn't say you have to go 65, as was stated earlier in the debate. But states where there's a lot of variation in different vehicles and there's allowed maximum speed limits, that's where the problem lies. That's what in my yearsof serving on the Transportation Committee that's one of the things that was made clear to me. And it's... it's just clear that the... I guess, it's a downstate versus collar county vote, but that just doesn't make sense. Because what your Bill does, it says that downstate and the urban areas are treated differently and that's exactly the points that have been made by so many people that their areas are different. But your Bill, as I understand it, says urban areas will have one speed 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 limit and rural areas will have another. Is that true?" Jones, J.: "That's exactly right."
"Well, Mr. Speaker, to the Bill."
"To the Bill."
"I just can't... I can't imagine that we would want our districts to have an influence outside of our area. I don't care if in the Chicago or in the other urban areas of the state that they want to have a 55 mile an hour speed limit, that's fine. And I believe that's what this Bill would do. But in suburban areas or excuse me, in rural areas, nonurban areas, if we would like to have a speed limit that is unified, it is the same for all vehicles and therefore more safe... increases safety, I think that we should do that. This makes sense. Vote your district and let us downstate and in rural areas have a reasonable speed limit for trucks and other commercial traffic. I'm voting 'yes'."
Speaker Hartke: "Further discussion? Chair recognizes Representative Schoenberg."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I think it's time that we lay some of the myths that have been articulated in favor of this Bill to rest. It's been cited that 41 other states have this measure. If you look at the demographics of those 41 other states, they are far more rural and have far... and have far less population concentrated in major population areas as we do here. The cold, harsh, demographic reality, my friends, is that Illinois is increasingly becoming a suburban state. In the last census 42%, 42%, not in the City of Chicago, not in downstate, but in the suburbs. Forty-two percent of the state's population is concentrated in the suburbs. The demographic realities of where the concentration of 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 population suggests is that we need to oppose this Bill for those very reasons. Illinois is not Wyoming. Illinois is not like a number of southwestern states. Illinois is not really like the rural south. Illinois is more like New Jersey than most other states in the country. And the other... the other fact that I wish to point out, for those who wish to ignore the realities of what's necessary to protect the safety and well-being of our population on the highways, is that the Department of... the Illinois Department of Transportation has more of a stake in this Bill than simply the mere inconvenience and minor expense of changing road signs and I think we all know that. The Illinois... and I won't go through all the data that the Department of Transportation has furnished because the Department of Transportation is, indeed, in opposition to this Bill and they cite a number of statistics pointing to the highway fatalities and casualties that have been caused as a result of speeding on highways. Mr. Speaker, Ladies and Gentlemen of the House, I won't belabor the issue any further, but for those to suggest that we should simply vote our own districts and that we should be for this Bill in the name of uniformity, we've heard a number of other arguments in order to create laws in the name of uniformity when they would actually weaken public safety in the state. We haven't bitten for that argument yet and I don't think we should fall for it now. Please vote 'no'."
"Representative Jones to close." Jones, J.: "Thank you... thank you, Mr. Speaker. You know, the previous speaker talked about the change in the population of the State of Illinois and the suburbs becoming more and more urban. Quite frankly, the Federal Government designates what is a suburban area and what is a rural 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 downstate area. And so, those areas have already been designated. One of the other previous speakers spoke about IDOT opposing the Bill. Really, IDOT opposes the Bill because they have to change the signs throughout the state at a cost of about $40 thousand. We've all been in Revenue Committee at different times to try to remove some taxes for the people of this State of Illinois. In fact, I presented a Bill not too long ago in Revenue to remove the sales tax on gasoline. The Department of Revenue opposed that. So, it's not unusual for departments in the State of Illinois to oppose our Bills. The plain and simple fact is this is a uniform speed limit for downstate interstates. It excludes the Chicago and Metropolitan Area of Chicago, it excludes East St. Louis. I would ask for an 'aye' vote."
"The question is, 'Shall the House pass House Bill 5912?' All in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there were 46 Members voting 'yes', 72 Members voting 'no'. This Bill, having failed to receive the Constitutional Majority, is hereby declared lost. House Bill 5996, Representative Hultgren. Mr. Clerk, read the Bill."
"House Bill 5996, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Hultgren, has been approved for consideration."
"Representative Hultgren."
"Actually, I believe for the record, the Amendment was offered by Representative Davis and with leave of the Body I will be presenting it for Representative Davis. I have 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 his approval to do that."
"Leave is granted."
"Okay. This is a clarification Amendment. It was discussed in committee that there was some questions that the State Chamber of Commerce had and also the Employment Law Council had on this. What this is in regards to is out-of-state corporations that contract with the State of Illinois having records available for review by the Department of Labor. And what this does, is it clarifies it and states that these records must either be available in the state or suitable copies would be available within the state. And this is acceptable by all the parties and there's no opposition to this. I'd ask for approval of it."
"Is there any discussion on Floor Amendment #2? Seeing no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 5996?' All in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 4890, Representative Lawfer. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 4890, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 4890, a Bill for an Act concerning farm products. Third Reading of this House Bill."
"Inquiry of the Chair."
"State your inquiry." 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Is there an Amend... There was a technical Amendment. Has that been placed on the Bill?"
"Mr. Clerk."
"Floor Amendment #1 has been referred to the Rules Committee."
"Do you wish to hold it on Second?"
"Yes."
Speaker Hartke: "Move that Bill back to Second Reading for the purposes of the Amendment, at the request of the Sponsor. House Bill 4937, Representative Fritchey. Mr. Clerk, read the Bill."
"House Bill 4937, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Fritchey, has been approved for consideration."
"Representative Fritchey on Amendment #2."
"Thank you, Speaker. This Amendment which was unanimously approved by the Constitutional Officers Committee yesterday would add a new category of plates with the increased fees going to the common school fund. I'd be happy to discuss the whole matter on Third Reading. I'd ask for a favorable consideration."
Speaker Hartke: "Is there any discussion on Floor Amendment #2? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 4937?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. House Bill 4053, Representative Leitch. Out of the record. House Bill 4727, Representative Holbrook. Representative Holbrook. Out of 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the record. Mr. Clerk, what is the status of House Bill 5961?"
Clerk Bolin: "House Bill 5961 is on the Order of House Bills-Second Reading."
"There any Amendments that have been approved or filed? Just filed. Mr. Meyer, would you like to call that Bill?"
Clerk Bolin: "House Bill 5961, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Jim Meyer, has been approved for consideration."
"Representative Meyer."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 is in response to the request of Members of the committee where this Bill was originally heard. It does two things. It provides that the Bill is activated only subject to appropriations and then it moves the program from the IEPA into the Department of Public Health. Those two things were requested by the committee and I agreed that I would amend the Bill."
Speaker Hartke: "Is there any discussion on Floor Amendment #1? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 5961?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative O'Connor in the chamber? House Bill 3744, Representative Flowers. Mr. Clerk, read the Bill, please."
"House Bill 3744, a Bill for an Act concerning schools. Third Reading of this House Bill." 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Representative Flowers."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I am looking for my file. Mr. Speaker, House Bill 3744, as amended, merely says that the board must adopt and implement a policy that prohibits any disciplinary action taken on the part of a parent who refuse to put their children or child on psychotropic medicine. And I'll be more than happy to answer any questions you may have in regards to the Bill, as amended."
"Is there any discussion? The Chair recognizes Representative Parke."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"What's the genesis for this legislation, Representative Flowers?"
"The genesis, Representative, is that it's unfortunate but so many children are being placed on some type of psychotropic drugs because the teacher has said that they have a behavior problem and they would then suggest to the parents that they take them to the doctor and get them some... some type of... something like Ritalin. And the children, for the most part, do not have a behavior problem, they're only guilty of being children. And not all teachers, but some teachers who have not been taught to teach cannot control their classroom. So, as a result, it's a lot easier for them to say, put the kid on Ritalin or don't send 'em back. And so the parents, wanting to do what they think is best for their child, end up doing something that is everlasting, because there is no... there is no diagnosis to a certain degree as to how you would define a child with a behavior problem because he act... act up in school. And there's no set amount of... the 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 dosage amount for children that has been prescribed... there is no dosage amount for children when it come down to Ritalin. So, it's all guesswork. And I think it's unfortunate that so many children are suffering because of this and I want this practice to stop immediately."
"What... so what does your Bill do? If this is a practice that happens to some degree, what does your Bill do to affect this?"
"It merely just prohibits teachers from having to suggest that it occur. And it tells the school that they cannot take it out on the siblings as well of the student or the family that does not put their child on Ritalin."
"All right. Let me... help me with this."
"It doesn't... it doesn't..."
"You're telling the teachers that they can't recommend that the parents seek medical help for the child?"
"Well, the teachers are not doctors..."
"Of course not."
"And what... so therefore the teachers should not be recommending that they... The Bill merely says, really, that the parents won't be punished if they don't follow the advice of someone at the school."
"So, it doesn't prohibit a teacher for saying that there's some kind of a problem that they observe. It's just that if they recommend something the parent doesn't have to do it. Is it... was it beforehand, was there some disciplinary action whether it was on purpose or veiled that said well we recommended this to you and your child still acts up, how come you're not doin' it? Was there some type of punitive action that was being placed against that child after the recommendation was made?"
"Yes. There was all types of different actions taken 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 against that child, as well as the other... if there was other siblings involved, and the parent. So."
"Well, I guess that makes sense to me. I think that... I just don't know how we can... how you can... What happens if... give me a for instance. Somebody, an educator, recommends to the parents that this child seek some kind of medical help, whether psychological or physical. And two weeks later they take some disciplinary action against the child because the child is still acting up. What recourse now does the parents have with this... with the system because of your legislation? Is there a... do we... is it a misdemeanor charge against the educator, or is it against the school administrators, who... what's the sense... what do we achieve here?"
"We are allowing parents to make the ultimate decision as to any type of medication or care that their children should be given."
"Well, I'm all for that, but... but what's the penalty? Is there a penalty? Is this advisory? I don't understand what's the... I understand what you're trying to achieve, I don't know what you're doing with the Bill, though."
"There is no penalty. Ya know, I just wanna put the school districts on notice that they cannot be doing this to families and children. And the point of the Bill is not to, ya know, penalize the school board or penalize the teacher. But nor do I want the school board or the teacher to penalize the family because a teacher has suggested that the child needs to be put on some type of psychotropic drug because of disciplinary problems that they may be having. And the parents choose not to do so. I don't want them to retaliate with the family either."
"Okay, well. Representative, to the Bill." 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"To the Bill."
"I appreciate the Legislator's response to my question. I'm not sure that this is anything more than symbolic, but I... the underlying cause, I agree with her. I think that the parents need to be the ultimate decision maker on whatever decision as long as it doesn't harm the child on all medical care. And if this is a way of just sending a message and I think that's what this is, then fine. I guess I'll be voting for it. But I just don't think that this is more than just symbolic and all right fine, sobeit. I'll vote for it."
Speaker Hartke: "Further discussion? Chair recognizes the Gentleman from Madison, Mr. Stephens."
"Thank you, Mr. Speaker. Will the Lady yield?"
"Lady will yield."
"Representative, we have some notes on... in our file that say that you were gonna hold this Bill on Second Reading for Amendments. And would you please explain that process that you have come to an agreement? As I understand it, with the adoption of Amendment 3, you have removed prior opposition. Is that correct?"
"I'm sorry, there was opposition to the Bill, I did hold it, and I have the Amendment on the Bill."
"That's what I was asking and that's what I understand. Mr. Speaker, to the Bill. The Lady's Bill has been amended and as I understand it it now says that it requires that a school board implement a policy that prohibits disciplinary action that is based on the refusal of a student's parent or guardian to administer or consent to the administration of a psychotropic drug. That is not inappropriate. This Bill came into the Legislature saying that drug specific if you didn't take certain drugs that you could be 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 disciplined. The school board and school administrators can still recommend an evaluation and that is appropriate. The particular... this particular Bill was brought forward because around the country and in various places here in Illinois certain psychotropic drugs, and one in particular, Ritalin, has a tendency to be prescribed at just extreme amounts. One school district in Virginia, 20% of the students in the elementary school system in that Virginia district were on Ritalin. I don't know if that's appropriate or not, but you'd have to look at each individual case and what Illinois law would be is that if there was a problem the school board could not force a kid... a child in that school system or discipline them, or discipline their parents, or siblings because they refused a particular drug. That's... that would just be a... it would just be terrible public policy if a teacher said, your kid needs to be on Ritalin or your kid needs to be on any drug. There are much bigger philosophical issues that are involved here and I can tell you from personal experience, prescription drugs can become a problem. And we are a quick-fix society in many cases and we think that well, whatever the problem is we'll just deal with it with a drug. Prescription drugs can cause serious problems in as... certain aspects of your life and that can be very tragic. What the Lady is saying here is that school administrators or teachers shouldn't be able to intimidate to a point where you're, as the guardian or the parent of that child, that you have to submit to a certain prescription therapy that someone in Virginia thinks is a good idea. Every student should be looked at individually, evaluated individually, and medical professionals who make recommendations should be followed if that parent is part 36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 of that decision-making process. That's all this Bill says. That's all that it does. It's a reasonable Bill. I appreciate the Lady bringing it to the Assembly."
Speaker Hartke: "Further discussion? Chair recognizes the Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, I'm gonna cut to the chase as far as what happened in committee. Is the Amendment on this Bill Amendment 3?"
"Amendment 3."
"Amendment 3. Okay, there were some concerns particularly from teachers that if you had a meeting with a parent and described the child's behavior from their firsthand knowledge in school that there was benefits to that as well as what you were concerned about as far as, you know, the school coercing a parent into doing something. Having had one child that had learning disabilities, ya know, there's a benefit to hear what the teacher describes as long as you're not pressed to do anything beyond what you want to do. Is it still possible for a teacher to hold a school conference, describe to the parent the behavior of the child in class, without recommending anything in particular but give them this information without having any problems about being retaliated against or sued?"
"Representative, on page 2 Section C, this section does not prohibit school medical staff and individualized educational program team or a professional worker from recommending that a student be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with the practitioner with the consent of the 37 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 student, parents, or guardian."
"All right, so can a teacher then have a regular school conference with the parent and say, Johnnie or Suzie is acting this way in class and perhaps you'd like to have the team evaluate her and then go to a professional. And your Bill now calls for the school board or whoever to set a policy on how you would do this for that particular school."
"Yes, it does. It also set forth a policy for in-service training for certified school personnel and the administrators to include training on current best practices, because oftentime a lot of teachers don't know the negative affect of this type of medication have on children and the long-term affect that it has on children."
"Right."
"So, therefore, we're again requesting that in-service training of certified school personnel and administrative include training on a current best practice regarding the identification and the treatment of Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder, whatever that is."
"All right. So you feel that by amending your Bill with Amendment 3 you've met what the committee asked you to do as far as holding the Bill and satisfying all parties with a well-rounded program in order to accomplish what you want to accomplish and still allow teachers to say this is how your child behaves in class without having repercussions?"
"Everyone is satisfied with Amendment #3. I think I would have preferred the Bill to be a little stronger, but for the most part, the concerns that the committee had and the State Board of Education and the teachers, everyone's 38 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 concern has been addressed with Amendment #3."
"I appreciate your willingness to meet the concerns of the committee and to work so hard on the Bill. Thank you."
"Thank you."
Speaker Hartke: "Further discussion? The Chair recognizes the Gentleman from Kane, Representative Hoeft."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"First of all, Representative Flowers, thank you for the many compromises that you have placed into this Bill. I still am strongly concerned about the term 'school personnel'. Certified school personnel have to be trained every two years, correct?"
"That's what the Bill called for."
"Is the school business manager a certified school personnel?"
"Is... I don't know."
"He is..."
"Okay."
"... or she is."
"Okay."
"Are bus drivers 'certified school personnel'?"
"Why don't you tell me."
"They are."
"Okay."
"You are required to have a school bus driving permit. As I said before in committee, we ought to have this as education... educators... certified educators, because you have a whole wide range. In a school system, 50% of the people are support staff, many of them are certified. Do you want the librarians to go through the two-year training?" 39 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Well, according to... according to, and I just want to find the language here. Let me find the language so we can be clear on what we're talkin' about. Medication, the board must implement... The policy must require that at least every two years the in-service training of certified school personnel and administrators include training on current best practices regarding the identification and the treatment of Attention Deficit Disorder and the Attention Deficit Hyperactive Disorder. The application of nonadversive behavior intervention in the school and..."
"The key phrase..."
"I thought I read some place... I'm looking ... I thought I read where it says medically... the medical... this section does not prohibit the school's medical staff and individualized educational program team. So, it specifically says the school medical staff and individualized educational program team..."
"Okay, that's..."
"... or a professional worker as defined in Section 14-1.10."
"Now, you're talking about the actual... you moved from the actual conference to the in-service training. The in-service training is what I'm looking at right now and according to my understanding this Bill requires the 700 bus drivers in my school district to every two years go through the in-service training. It requires the nonclassroom, nonstudent group like librarians, like business managers, like secretaries, anyone that has to have a certificate. I think what we're looking at is the educational personnel and the building level administrators, rather than central administrators and I think that we're gonna to be requiring an awful lot of work 40 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 for people that do not have any access at all. Also, when you use the term IEP, Individual Educational Plan, that... only for special education, it is not for the regular classroom. And in fact, most of our kids are not IEP and you want this to affect every single classroom, not necessarily the special ed classroom."
"Ya know..."
"So, I also have a... a problem with that. You have moved a long ways from the original Bill and I want to compliment you on this. I think that the language which says that schools can only recommend a medical evaluation is sound thinking. I don't think it's sound thinking to include bus drivers and nonrelated individuals in the requirement for a two-year in-service component. And I think that has to be cleared up or we're gonna create a tremendous loss of time and tremendous increase in expense for every school district in the State of Illinois. This Bill is flawed because of that."
"Representative Hoeft, I really appreciate you bringing this to my attention, that once again I want to say that this Amendment was drafted by... was drafted by the Illinois Fed... helped drafted by the Illinois Federation of Teachers. But I also want to bring something else to your attention. You have to understand that before a child is placed in a behavior disorder setting, they're in a regular classroom."
"Correct."
"And so therefore, that personnel, that teacher, that administrator need to know who they had and to be able to identify... to be able to identify. And specifically, on the school buses, I think bus drivers should know who their customers are and so they can be aware of the possibilities 41 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 of the behavior and what happened and how to, once again, identify these students. So, I don't see, ya know, you could take it to that extreme if you so choose to, but I think it's very important that these people who come in contact with our children be made aware."
"Boy, I think that's a tremendous burden on the public schools to ask that school bus drivers go through Ritalin training, as well as those that do not have any contact at all with the students."
"Does the school bus driver come in contact with the students?"
"Was that a question? I'm sorry, I did not hear."
"I asked, does the school bus driver come in contact with the students?"
"I hope so. Does the business manager?"
"Pardon me?"
"Does the business manager?"
"I hope so."
"My point is, I think, this is gonna be a tremendous burden, in-service training wise, for people that aren't directly affected by this issue. Thank you."
Speaker Hartke: "Further discussion? Chair recognizes the Lady from Cook, Representative Davis. Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I rise in support of this legislation. First of all, because as a former teacher and from a school in which all personnel became a part of the training sessions. It doesn't mean that any of them will treat students, because that's left up to medical staff. But it is so important that educators, and I am one, realize that the dispensing of and the recommendation of medical pharmaceuticals should come from a medical person. It shouldn't come from an educator who is not trained. 42 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Sometimes what happens is a child is misbehaving and perhaps severely misbehaving, that behavior is not necessarily reflective of a need for medicine. It could be reflective of a need for nurturing. It could be of a reflective of a need for parenting, but a teacher could tell that parent your child should be on Ritalin and this will help that child to slow down. The parent could be very unaware that Ritalin is medicine and only a medical professional person should make that recommendation. This Bill is not punitive, it offers absolutely no punitive policy for those who choose to disobey. But every school has policies and one of the policies that the State Board of Education and the school district should have is teachers do not make medical recommendation, only traff... staff who is medically trained should do so. And this Amendment clears up any and every opposition that has been raised in reference to this legislation. I think it's very timely, I think it's very needed, and I think the state will be very much better served if teachers do not prescribe medicine for children."
Speaker Hartke: "Further discussion? Chair recognizes the Gentleman from Whiteside, Representative Mitchell." Mitchell, J.: "Thank you, Speaker. Will the Sponsor yield?"
"Sponsor will yield." Mitchell, J.: "Representative Flowers, is there any... anything in your Bill at all that designates the number of hours of in-service training that school personnel must undergo every two years or is that left up to the school district?"
"No." Mitchell, J.: "Pardon?"
"You asked were... is there a certain amount of hours in the Bill." 43 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Mitchell, J.: "Yeah, I just wanted to know how detailed your language is on the amount of in-service training that school personnel must get every two years."
"It's not detailed at all. It says that the Amendment would require at least every two years school personnel and administrators be trained on the current best practice. It doesn't give a time limit or how many hours they have to take or anything like that." Mitchell, J.: "So, basically, every two years what new research has come through on psychotropic drugs, on identification of uses for those drugs, could be put in the form of a memo given to teachers and that could constitute in-service training or even a half hour, hour workshop within a regular school building given by the district nurse would provide the training needed under your legislation?"
"You're absolutely correct, Representative." Mitchell, J.: "So, your legislative intent with this Bill is not to put a huge undue burden on teachers concerning this issue."
"That is my intent, not to put a burden on the school district, yes." Mitchell, J.: "When it says 'school personnel' is the door then open for the local board, the local school district to determine what personnel would basically need this information? Such as, quite possibly, the school business manager or some administrative types at central office may not need this type of training and would not have to undergo it or there would be no punishment to the school district if, in fact, some of the key people that work behind the scenes and not directly with children did not get this training."
"It would be up to the school district to make that 44 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 decision as to the personnel that would be participating, yes." Mitchell, J.: "And you have taken out any... any action against teachers for a discussion with the parents concerning the possibility of going to the doctor to seek a remedy of medication. I think the original intent and I understood your original intent, but you did listen to those concerns that some of us had with the fact that... that it would put an undue hardship on teachers. That has been removed from the Bill, as I understand."
"It has been, Representative, yes." Mitchell, J.: "So, basically, your Bill is a Bill that says, look school board we want you to be aware of the fact that there are some negative connotations to the use or overuse of Ritalin, other types of medication, Ritalin look-a-likes, for lack of another term, used extensively with children can sometimes dull the edges, take away their ability to learn rather than enhance their ability to learn and therefore, it ought to be used carefully. The training that you're asking for is basically training that teachers seek anyway because they want to be informed about types of medications, drugs that may be used by doctors and sometimes given to students. There are cases that... that sometimes parents, inadvertently through frustration, go to the doctor and plead for the medication themselves and then teachers are concerned that when the child comes to school he's bleary, he's drowsy, he's not, in effect, ready to learn. And I have known teachers that have gone back to the parents saying, look, we've got to find a different alternative, because the parents themselves don't understand this training. I wish somehow that we could get the Parent-Teachers Association to also offer some... some 45 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 awareness training of the use of psychotropic drugs. Ya know, I know where your concern comes from. I certainly understand it and I know you've worked hard to make this a piece of legislation that everybody can accept. The only concern I have, the only thing that I don't care about is, number one, it is a mandate because it does force a board to do something. But that's something I know your interest is in... is for the best interest of kids and I think you've done a pretty darn good job of answering our concerns in committee. And I think I can vote 'yes' for this Bill. Thank you."
"Thank you, Representative."
"Representative Flowers to close."
"Mr. Speaker, Ladies and Gentlemen of the House. Representative Mitchell has done a fantastic job as to articulating the purpose of this legislation. And I would ask for a 'aye' vote."
Speaker Hartke: "The question is, 'Shall the House pass House Bill 3744?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk... Eileen Lyons. Mr. Clerk, take the record. On this question, there were 108 Members voting 'yes', 9 Members voting 'no', and 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4001, Representative Franks. Mr. Clerk, please read the Bill."
Clerk Bolin: "House Bill 4001, a Bill for an Act concerning prescription drugs. Third Reading of this House Bill."
"Representative Franks."
"Thank you, Mr. Speaker. This Bill is designed to save 46 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the State of Illinois money. In the past, we have passed Bills to save senior citizens money, but this Bill will help save the state some money. Last year, for instance, we passed House Bill 4170 unanimously, based on a California law when we're dealing with prescription drugs and then we also passed House Bill 2236, the Senior Citizens Prescription Drug Bill. This is one component of that Bill. What this Bill does is simply provides that the Central Management Services establishes a prescription drug purchasing policy office to determine and implement strategy for best price purchasing practices for the state. This could include the establishment of central purchasing policies and other cooperative agreements. The State of Illinois will spend approximately one and a half billion dollars in Fiscal 2002 for prescription drugs. This is over 6% of the total state's General Revenue Funds. I'd be glad to answer any questions."
Speaker Hartke: "This Bill's on Standard Debate. Chair recognizes Representative Cross, the Gentleman from Kendall."
"Thank you, Mr. Speaker. Can I ask a few questions?"
"You may and he will respond."
"Representative, is there a cost associated with this legislation?"
"Yes, there is, Representative. Central Management Service sent a letter to me on March 12 and they indicated that they estimate it will be a cost to implement this of between one and a half and two million dollars. So, then I also asked CMS, well, how much money are we gonna save once we implement this Bill? Because the Governor in his State of the Budget Address indicated that he believed that by putting together prescription drug purchasing policies that 47 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 we could save the state in excess of a hundred and twenty-one million dollars. So, the savings will be far in excess of any initial start-up costs."
"I'm a little puzzled, if you could... maybe you could shed some light on this. I see that AARP is opposed to this. I wasn't in committee. Can you refresh our recollection as to their testimony or why they're opposed to it?"
"I don't believe they testified."
"You're not disputing that they're opposed to it, are you?"
"No, no."
"Have you received any information from them as to why they're opposed to it?"
"No, I haven't."
"All right."
"I know in the past they've helped draft Bills that they've been... they've supported in the past, then did not support. So, I can't answer for them."
"Okay, I don't have any other questions."
Speaker Hartke: "Further discussion? Chair recognizes the Gentleman from Madison, Representative Stephens. You have five minutes."
"Well, thank you, Mr. Speaker. Will the Gentleman yield?"
"The Gentleman will yield."
"Representative, you made some sort of a statement about how much money this was going to save."
"Yes."
"Who told you and how much?"
"In the Governor's State of the Budget Address, his line item indicated that it would save by..." 48 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"No, no, no, Representative, you said that this Bill..."
"Yeah."
"... which requires CMS... and please, maybe I'm not up-to-date on all the Amendments."
"There aren't any Amendments."
"In it's final form, what does the Bill say?"
"What's your question?"
"In it's final form, how does the Bill speak to the issue of cost of prescriptions?"
"It doesn't..."
"It doesn't."
"... speak direct... Well, let me explain what this Bill does."
"No, I think you're right, it doesn't."
"No, we don't have a direct figure, because we can do a heck of a lot better. Let me tell ya, in Florida this year, they're projecting that they're gonna save $214 million. The State of Illinois can certainly do better. Only recently, has there been any concerted effort to control the state's prescription drug costs. Some agencies, for instance..."
"Well, excuse me, Representative, did you amend your Bill?"
"No."
"Well, then let's talk about your Bill and not what happened in Florida."
"Well, this is the Bill on the floor. I'd like to finish answering your question."
"Your Bill does not speak to, as I understand it, I don't see anything in your Bill that speaks to the cost of prescription drugs." 49 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Sir, the whole Bill is about the cost of prescription drugs."
"Oh, it might be in general terms about that, but it doesn't specifically lower the cost of any prescription drugs, does it?"
"Sir, what this Bill does, is it allows for the Central Management Services to establish a prescription drug purchasing policy office to determine and implement strategy for best-priced purchasing practices for the entire state. Now, the Inspector General, the US Department of Human Services, issued a report last year in saying that there was a critical need for states to better control the costs of their Medicaid drug programs..."
"Mr. Speaker. I'm sorry, Representative."
"... in our opinion, states could better control costs..."
"Representative, you don't want to answer my question, I understand that. Mr. Speaker, to the Bill."
"Mr. Stephens, I do believe the Gentleman was responding."
"No, Mr. Speaker, he is not answering my question. I'd like to address the Bill."
"This is exact... this is exactly how I'm answering the question."
"Mr. Franks. Mr. Stephens, to the Bill."
"Thank you. Ladies and Gentlemen, this is a method that has been used for decades in response to very serious issues that become public policy issues. And that is, that in general terms, many people that think whatever's wrong with society and certainly the cost of prescription drugs is a hot issue. That's something that I think is wrong in Illinois, the cost of prescription drugs and how we can 50 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 help individual families and others pay for their medicines is something that is an issue that we should keep before the public. And I appreciate the Representative bringing us that forum to discuss prescription drug prices. But what... where he fails is, it's an old way to deal with problems that we've heard before. If we can't fix the problem, let's do one of two things, or sometimes let's do both. Create another bureaucracy to deal with it or just go ahead and spend more money on it. This Bill does both, neither of which by the... by the reading of the Bill, neither of which directly benefits any person or group of persons in the State of Illinois. We're gonna create a bureaucracy that's gonna cost over a million dollars in a year when we don't have a million dollars and we're going to hope that that bureaucracy will come up with some policies that will save prescription... save money on prescription drugs. Well, I would suggest that we have the minds and maybe we don't have the political will, but we have the ideas. And as a... as an independent pharmacist, I can tell you that for years we have lobbied, independent pharmacists have lobbied, to get some changes in the antitrust laws so that we can get some of the inside savings that we hear about in mail order and other... other cost-saving measures. We have put those ideas before the General Assembly before and we've been turned away. We've gone to court before and been turned away. The antitrust laws in the nation need to be changed and that would help lower prescription costs, I guarantee you. But creating another bureaucracy, which the Gentleman is prone to do, is not the answer. Illinois citizens know very well, we have exposed this issue before. More government doesn't solve problems, spending more money to say that you're trying to 51 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 save us money is not the way to get us out of this, Representative."
"Mr. Stephens, bring your remarks to a close."
"Thank you, Mr. Speaker, I appreciate that. This is a bad Bill. No way about it. It's more government and more money to solve a problem. We can take the ideas that might come out of a group like this, we can bring those before us right now and debate them. That's what I would prefer to do."
Speaker Hartke: "Further discussion? Chair recognizes the Gentleman from Cook, Representative Lang. You have five minutes."
"Thank you. What makes you think I'm gonna use all five minutes, Mr. Speaker?"
"I hope not."
"Thank you, Mr. Speaker. I rise in strong support of the Gentleman's Bill. Ya know, we've twice passed out of this Body a Bill that would allow seniors to save up to 50% of the cost of their prescriptions. I might add, all the votes both times were on this side of the aisle. The Bill went over to the Senate both times and never got out of the Senate Rules Committee. This is a part of Representative Franks' effort to do something about prescription drug costs in the State of Illinois. The Gentleman previously who was speaking was talking about bureaucracy, but let me remind you, Ladies and Gentlemen, that today we have nine separate agencies in the State of Illinois that deal with drugs, nine separate agencies that buy pharmaceuticals, nine separate agencies that deal with this issue. If you want to do away with bureaucracy, you find one agency to deal with this whole overriding issue of drug costs and prescriptions in the State of Illinois. This is a Bill 52 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 that will save the State of Illinois money. Representative Franks is exactly on target here. Other states that have done this, like California and Florida, have had great results. The State of Florida has saved over $200 million going to this kind of approach. So, we're no longer talking here about just senior citizens, as if they weren't important enough, Representative Franks' Bill goes to our problems, our budget. What if we were able to pass a Bill today that could a year from now save us $200 million. In the face of our budget problems today, in the face of every bureaucracy today in the State of Illinois, it would seem to me that this would be the Bill we would want to embrace, to finally have one agency that can deal with this issue. This issue doesn't... this Bill doesn't force-feed prescription drug issues as some of you referred to when we were talking about prescription drugs for seniors. This creates an agency to regionalize it, to bulk purchase, to do all the things that we should be doing to save our taxpayers money. Representative Franks has a Bill today that will cut the bureaucracy, will save us over a period of time, hundreds of millions of dollars, and will streamline our approach to a very serious issue. As health care costs, and particularly as prescription drug costs continue to go up exponentially, it would be irresponsible for this Legislature to continue our failure to act. Accordingly, Ladies and Gentlemen, this is a Bill we should pass, we should pass it today without further ado."
"Further discussion? Chair recognizes the Lady from Cook, Representative Crotty. You have five minutes."
"Thank you, Mr. Speaker. I just have a couple of questions and I know the answers, but I think it needs to be on the record. Representative Franks, with House Bill 53 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 4001, is there an income level that's tied to this?"
"Absolutely not. This Bill is designed to save the State of Illinois hundreds of millions of dollars. Right now when we've got these huge deficits in the state and we're talking about laying off workers, this is a way to plug the hole in the deficit and keep workers working and fund mental health and help the entire State of Illinois by driving down the prescription costs that the state pays."
"But is there an income level for persons that would need to get their prescriptions? Do they have to be under a 30 thousand, a 21 thousand, a 17 thousand dollar income?"
"This is not anything to do with the benefit program, Representative."
"All right."
"This is dealing with how the State of Illinois purchases prescription drugs. The State of Illinois spends over 6% of its General Revenue Funds to purchase prescription drugs, in excess of one and a half billion dollars. In the last ten years prescription drug costs for this state, just for the Medicaid program, have gone up from $278 million to in excess of $1.1 billion. And that's money that comes directly out of the GRF. We're not talking about any other programs or touching those programs, we're just talking about the bottom line of what the state has to pay to purchase those prescription drugs."
"Thank you. Mr. Speaker, I think... I think sometimes as we sit here and we listen to numbers, I think it's important that we have a little more quiet so that people really, really hear these numbers and understand. I'm sure many of us have seniors in our districts that may ask us questions on why this isn't passed again. So, I would like, ya know, just to have a little more quiet so I can 54 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 hear those numbers."
"Shhh."
"Thank you. Is it... do you think that this will be tied also to specific medications or will... like if I was a senior, would I be able to access any medications that my doctor would... or is it tied to generic? Do I have to have..."
"This does not at all impact on access to drugs, at all."
"Okay. The program that we have now and I know that I supported this and you also as the circuit breaker, this is... this Circuit Breaker Program that we have now, I... and we've supported that. But I have found in my district that I have many seniors that just miss that income level or they make the income level, but they're not on the prescription drugs that we have, say for instance, multiple sclerosis. I know that that is not covered under... under the circuit breaker."
"Correct."
"If a person has multiple sclerosis and has all these medications that they need to take, would they be able to access this program?"
"Well, this isn't a specific program. What they were trying to do here is have the... the way the state purchases prescription drugs. As you know, Representative Crotty, you were a Chief Sponsor of House Bill 2236, which would help our seniors access all drugs."
"So, this is that same type of buying club that we wanted to..."
"But this is... Yes, but the difference is what we did... this was a component of House Bill 2236, which passed, this is one small component setting up a central purchasing policy for the State of Illinois to save the state money. 55 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 2236 saved our senior citizens money, this saves the State of Illinois money."
"And I do understand that and the reason why I was asking those questions is because I'm afraid many of our colleagues are sitting here thinking that they're voting on or voting against the same Bill that we have had in previous years. It is not that."
"Thank you."
"This is a program to help save the state money at a time when all of us are trying to save early childhood and all the other grants that are so important. To the Bill. I know that I started to shake up the Sponsor thinking that I was talking about the Bills that the two of us had sponsored in the past. But I did wanna make a point, that we need to save and look at dollars everywhere we can and here's a chance that we literally are doing that and we're starting to open up the door to something that one of the previous Sponsors (sic-speakers), I think I wrote it down said, we need to keep this issue before the public. Ladies and Gentlemen, this issue is not only before the public, it is absolutely something that is hurting and devastating the public, not only seniors..."
"Representative Crotty, please bring your remarks to a close."
"Yes... but people my age also that are... that are really paying for their parents' prescriptions. So, I encourage all of us to look at this Bill and give it a... give it a... an affirmative vote. Thank you very, very much."
Speaker Hartke: "Further discussion? There are six people seeking recognition, however this Bill is on Standard Debate. We've heard two people in response, two in 56 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 support. So, between Representative Righter and Coulson, would you determine which of you want to be the spokesperson for response. There will be one more person to address the Bill. Representative Coulson."
"I would like to be joined with the five Members on my side of the aisle to take it off Standard Debate."
"Sorry, that's not an option."
"Not an option."
"Would you like to overrule the Chair?"
"I... I think that I can speak to the Bill and..."
"To the Bill. Representative Coulson."
"I would like to just speak to the... to the Bill. Essentially, everything that this Bill allows is already being done or will be done by the Department of Public Aid. All of the purchasing plans and benefits management and supplemental rebates have been discussed and will probably be done before the end of this year. So, the savings of money has already been put in place. This Bill will cost two million extra dollars for a new agency to be doing what an agency is already doing. In addition, this Bill has CMS being the agency to be able to do this and I don't believe that is the appropriate agency for the purchasing plans to be going through. I think that, as I said, everything that this Bill allows is able to be done without this Bill and is going to be done by the Department of Public Aid and therefore I don't... I think this Bill is duplicative. Thank you."
"Representative Franks to close."
"Thank you. I appreciate my colleagues' debate on this. There is no central state agency doing this now. We need this. A vote against this Bill is a vote against accountability. It's a vote against requiring the state to 57 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 bargain to save our citizens money. What you're saying, if you vote against this Bill, is that we should overpay for prescription drugs, that we shouldn't take the same steps that other states have taken, like Florida, to save their taxpayers over $200 million. A vote against this is saying let's fire all those workers that are getting laid off. A vote for this will say, yeah, we can save the state at least a hundred and twenty-one million dollars. We can fund mental health. We can help fund the prison problem. This is one of the most important issues that we are gonna face this year on how to save money for the state and it's gonna have long-term effects for all of us for many years to come. I'd encourage you to vote 'aye'."
Speaker Hartke: "Representative Black, you're seeking an inquiry of the Chair."
"Yes, Mr. Speaker, an inquiry of the Chair. You denied our right for Extended Debate and you're correct, if the Members will look at House Rule 52, on Page 27, we are allowed any Member of the House joined by seven others can take a Bill off Short Debate and move it to Standard Debate. Unfortunately, the rules do not allow for us to move anything from Standard Debate to Extended Debate or to Unlimited Debate. So, you made a correct ruling, however, I would say and it goes to the heart of arguments I make when we adopt these rules. By requiring unanimous consent to move from Standard Debate to Unlimited Debate or at the... as I read this and the parliamentarian may correct me, I think the Speaker, you in this case, could have done that under the rules or it could be referred to the Rules Committee. My only fear is, and I intend to vote for the Gentleman's Bill. My only fear is, that if we're not careful on issues of importance such as this, when we tend 58 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 to limit debate and the rules allow the debate to be limited, it doesn't make any difference whether it's a Republican or a Democrat issue. I think the issue is, the Chair should make every possible attempt to let Members who feel strongly about an issue have their ability to question the Sponsor or to make their points. I know we're on Third Reading deadline and I know the rules have changed, Mr. Speaker, since you and I first came down here. They've changed, I don't know if for the better, but I will say that you were within your rights to deny our attempt to put this on Extended Debate, but that power is a tremendous responsibility that you have. And I think on issues like this that go to the heart of certain issues, I would hope that the Chair be very, very flexible in allowing Unlimited or at least Extended Debate on questions. I can't get after you and I can't throw the rule book at you, Mr. Speaker, because you're within your rights and you made a decision in accordance with House Rule 52, but I beg the Chair and I beg the Majority Party, whether it's us or anybody, be very, very judicious in how you use your power to limit debate in this chamber. It's a very touchy situation and in this case you're within your rights. But, I think whether you're a Republican or a Democrat or somewhere in between, when the Chair has the ability to limit debate it is an awesome power and it must be used very judiciously. And I think in this case, Mr. Speaker, you could have allowed a longer debate. You're within your rights according to the rules of the House, but with the rules of the House go an awesome responsibility. I beg you, in future debate issues you might want to allow Unlimited Debate on very emotional or very time-critical issues. I can't argue with you, you're within your rights, 59 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 but please use that power very judiciously."
"Your point is well-taken. The question is, 'Shall the House pass House Bill 4001?' 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 84 Members voting 'yes', 26 Members voting 'no', 8 Members voting 'present'. And the House does pass House Bill 4001. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 3713, Representative Bost. Mr. Clerk, please read the Bill."
"House Bill 3713 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Bost, has been approved for consideration."
"Representative Bost."
"Thank you, Mr. Speaker. Floor Amendment #1 simply creates the license plate that helps out our public broadcast systems. The public broadcast systems in this state have been required to go to a digital... I'm... to a digital system. We're not quite sure where the funding's gonna come from. This will allow for those people who support public television to purchase these plates. Same plates as what are being compressed all over. Same situation when they reach their required number, these plates can then be produced. I'd appreciate your 'aye' vote."
"Is there any discussion? The Chair recognizes Representative Mitchell. Bill Mitchell." Mitchell, B.: "Thank you, Mr. Speaker, Ladies, and Gentlemen of the House. Just wanted to say appreciate Representative Bost's Sponsorship of this Bill. This also includes the 60 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 EMS personal which protects all of our counties. They requested it. There was a gentleman from Greenup, Illinois, who suggested this idea. And I appreciate an 'aye' vote."
Speaker Hartke: "Further discussion on the Amendment? Seeing no one is seeking recognition, the question is, 'Shall the House adopt Amendment #1 to House Bill 3713?' All in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
Speaker Hartke: "Third Reading. House Bill 4899. Mr. Clerk, what is the status of that Bill?"
Clerk Rossi: "House Bill 4899 is on the Order of House Bills-Third Reading."
Speaker Hartke: "Move that Bill back to the Order of Second Reading for the purpose of an Amendment and at request of the Sponsor. House Bill 4124, Representative Jefferson. Take that Bill out of the record. House Bill 4506, Representative Jones, Shirley Jones. Recommended be adopted. Went through committee. Would you like to move it to Third? There is a note on it. I'm sorry, you're correct. Out of the record. House Bill 4467, Representative O'Connor. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 4467, a Bill for an Act concerning the state tartan. Third Reading of this House Bill."
"Representative O'Connor."
"Thank you, Mr. Speaker, Ladies, and Gentlemen of the House. House Bill 4467 amends the State Designation Act by designating the Illinois state Andrew's Society's tartan as the official tartan of the State of Illinois. A tartan is a woven cloth with distinct striping and things of that 61 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 nature which originally designated certain Scottish clans. It is used in official gatherings of Scottish societies throughout the nation and is used for exhibitions of the Scottish culture here in Illinois. The tartan itself is, as I mentioned, is from the Illinois state... St. Andrew's Society and was recommended by them. I know of no opposition to the Bill. And be happy to answer any questions."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor indicates he will yield."
"Where is Representative O'Connor? What is the... what tartan are we designating? I don't know if a lot of people realize that each clan has their own tartan. Correct?"
"Correct. The Illinois St. Andrew's Society, which is the society which was created in 1840 in Illinois, has a specific tartan. That tartan has blue and red colors which is the tartan which is being designated."
"Now, this is not Blackwatch then?"
"It's not what?"
"It's not the tartan that's called Blackwatch?"
"No."
"That's a very... that's the probably most common plaid you see, I believe."
"It is not."
"And it's not the one... there's a downtown store that we see a lot of people that would be referred to as yuppies wear a certain tartan now. It's not that tartan, is it?"
"As far as I know, it's not."
"Burberry... Burberry tartan, I don't wanna offend the yuppies. But, it's not the Burberry tartan?" 62 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"It's not the Burberry tartan, no."
"Is this thing referred to as the St. Andrew's tartan?"
"It is the St. Andrew's Society of Illinois tartan."
"Okay. Under these tartans, they have different clans that are, ya know, use that tartan to represent their clan. Do you know off the top of your head if the tartan that you want to specify as the state tartan would have the McCarthy clan in it?"
"This particular tartan is not connected to any clan."
"Really?"
"Really."
"I thought all tartans had something to do with a clan?"
"This one doesn't."
"So, there's no McCarthy clan or no O'Connor clan would be involved in this tartan, as well?"
"To the best of my knowledge, there's not."
"And do all Scottish people agree with this being the official tartan of the state?"
"I'm not in a position to speak for all people of Scottish heritage in Illinois."
"Are you in a position to speak for even one person of Scottish heritage in..."
"I certainly am in a position to speak on behalf of the Illinois St. Andrew's Society, which is a group of people of Scottish-American origin, and they strongly support this legislation."
"Do you know if this tartan is the official tartan of any other state or will we be on the forefront of this important issue?"
"Illinois would be the twenty-seventh state to adopt a state tartan." 63 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Really."
"But to the best of my knowledge, this particular tartan would be only adopted here in Illinois."
"Okay. Well, I think this is a novel idea. I plan on supporting your Bill. And I just pray that the Members of the McCarthy clan do not go after me for supporting a tartan that is not our own. So, but thank you, Representative."
Speaker Hartke: "Further discussion? Chair recognizes Representative Stephens."
"Gentleman yield?"
"Gentleman will yield."
"Representative, where's the Farm Bureau on your Bill?"
"I think they're neutral."
"Aren't they usually... That's the group that's against the tarp Bills, aren't they? Is this... these are the tartans that you put on trucks?"
"Could you repeat the question, please?"
"Yeah, are these the sort of tartans that you put on the back of grain trucks to keep the grain from flying out?"
"I think those are different."
"Oh, okay. Well, how should downstaters vote on this?"
"I think they should be for it."
"And why?"
"Illinois has..."
"What did Representative Bost just say?"
"I'm not in a position, Representative, to repeat what he just said. Illinois has people of Scottish origin up to... they tell me this in St. Andrew's Society, up to 12%. And people throughout the State of Illinois are... who are of Scottish origin are very interested in the State 64 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Designations Act containing a specific tartan. And for that reason, I would suggest that it'd be a good Bill to vote for."
"Well, I suppose we're gonna be putting downstate votes on this fine piece of legislation. Thank you, Representative."
"Thank you, Representative."
"Representative O'Connor to close."
"I... I'd appreciate an 'aye' vote."
Speaker Hartke: "The question is, 'Shall the House pass House Bill 4467?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk... Mr. Clerk, take the record. On this question, there are 116 Members voting 'yes', 0 voting 'no', and 2 Members voting 'present'. And the House does pass House Bill 46... 4467. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Black, for what reason do you seek recognition?"
"Yes, Mr. Speaker. An inquiry of the Chair."
"State your inquiry."
"Would it be possible for the Illinois Department of Public Health liaison to get on the floor today? Mr. Speaker..."
"I guess it's possible, yes."
"Yes, Mr. Speaker, if you would call them. I don't know what Representative Wojcik is having for lunch, but it needs to be checked out. And those of us that are sitting around it would like it to be removed from the House Floor. I have never smelled anything so bad in my life, as this lunch..."
"Is this... is this an emergency, Mr. Black?" 65 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"... and we would be forever grateful if you could have... if you could have the good Representative, a delightful Lady, and whatever she's having for lunch, escorted off the House Floor. Those of us that have to put up with this rather pungent odor over here would be deeply grateful."
"Representative Wojcik, would you please defend yourself."
"Mr. Speaker, I'm trying to contain myself. Now, he was offered the opportunity to have this most wonderful, delightful Thai food, but he said no. So, now he has to suffer. It's his problem, not mine."
"House Bill 4157, Representative Schoenberg. Mr. Clerk, please read the Bill."
Clerk Rossi: "House Bill 4157 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, please read the Bill a third time."
Clerk Rossi: "House Bill 4157, a Bill for an Act concerning the community development financial institutions. Third Reading of this House Bill."
"Representative Schoenberg."
"Could you take this out of the record momentarily?"
Speaker Hartke: "Take this Bill out of the record. House Bill 4344, Representative Parke. Out of the record. House Bill 4220, Representative Pankau. Out of the record. House Bill 4124, Representative Jefferson. Mr. Clerk, please read the Bill."
"House Bill 4124 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
Speaker Hartke: "Third Reading. Mr. Clerk, has that Bill been 66 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 read a second time?"
"That Bill has been read a second time, previously."
"Mr. Jefferson, would you like to pass that Bill? Mr. Clerk, read that Bill a third time."
"House Bill 4124, a Bill for an Act concerning sex offenders. Third Reading of this House Bill."
"Representative Jefferson, present your Bill."
"Thank you, Mr. Speaker."
"Excuse me, Mr. Jefferson. Mr. Black."
"Mr. Speaker, an inquiry of the Chair regarding this Bill."
"State your inquiry."
"There's an Amendment to the Bill in Rules. Is it the Sponsor's intent to move the Bill without the Amendment?"
Speaker Hartke: "Mr. Jefferson. Take that Bill out of the record."
"Take the Bill out of the record."
"Mr. Speaker?"
"Yes, Sir, Mr. Black."
"Would you move the Bill back to Second Reading, please. Have you done that?"
Speaker Hartke: "Place that Bill on the Order of Second Reading for the purpose of an Amendment at request of the Sponsor."
"Thank you."
"Thank you."
Speaker Hartke: "Thank you, Mr. Black. Let's go back to Representative Pankau on House Bill 4220. Representative Pankau. Mr. Clerk, please read the Bill."
"House Bill 4220, a Bill for an Act concerning insurance. Third Reading of this House Bill."
"Representative Pankau."
"Thank you, Mr. Speaker and Members of the Assembly. 67 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 House Bill 4220, as amended, is now an Agreed Bill between the Med Society and the HMOs. It deals with an... a concept that is relatively new, it's only been in the past two or three years and it deals with the issue of hospitalists. These are medical doctors that are employed by an HMO or by a hospital, who take over the treatment of a patient while they are admitted in that particular hospital. It's not used in every case, it is used in a few hospitals, particularly in the metropolitan Chicago area. What this Bill does is allow the patient or the primary care physician to have the ability to agree or not to agree to allow the hospitalists to treat the patient while they are in the hospital. It's another way to protect yourself and make sure that your wishes and your desires for medical treatment are pursued and not necessarily ones of the insurance company, or the hospital, or wherever you end up being treated at. And I ask for your favorable approval."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor indicates she will yield."
"Representative, you indicated that the Amendment makes this an Agreed... an Agreed Bill. Is that your understanding?"
"Yes, it is."
"All right. I'm looking at correspondence from the Illinois Manufacturers' Association dated March 27, and it indicates their opposition to the Bill. Do you know whether or not they have changed their position since the Amendment?"
"No, I don't, Bill. They've never contacted me or said 68 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 why they might be opposed. It was the HMOs who came before the committee, said they had problems... some problems with the wording. We held a meeting, language was exchanged back and forth and the Amendment that I put on the other day was the agreed language between those two. I have not heard about any of their concerns, either at committee level or here on the floor."
"All right. As far as you know the insur..."
"So, in other words, I don't know."
"Okay. Is the insurance industry on board now? I mean..."
"Yes."
"And do you know whether the association... the... sure, easy for me to say. The health maintenance organizations, are they in sync now?"
"Yes."
"All right. Okay."
"The... it was... the Amendment was mainly their wording..."
"All right, fine. Thank you very much."
"... the HMOs wording. However, I have heard from one of their people, Jack Schafer, today that they may want to tweak it a wee bit in the Senate dealing with the notice arrangements. And... but he felt pretty confident that..."
"Okay."
"... that could be handled over on the Senate."
"I appreciate it. Thank you very much."
Speaker Hartke: "Further discussion? The Chair recognizes Representative Yarbrough."
"Will the Sponsor yield?"
"Sponsor indicates she will yield."
"Representative, I wanna make sure I'm clear on the 69 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 opposition on this Bill. You have no opposition on this Bill?"
"That is correct. With the Amendment, there is no opposition."
"Thank you."
"Further discussion? Seeing that no one is seeking recognition, Representative Pankau to close."
"I ask for your favorable approval."
Speaker Hartke: "The question is, 'Shall the House pass House Bill 4220?' 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... and the House does pass House Bill 4220. And this Bill, having received the Constitutional Majority, is hereby declared passed. Speaker Madigan in the Chair."
"Ladies and Gentlemen we have a distinguished guest and if the Members could please be in their chairs and if the staff would retire to the rear of the chamber. We have with us today a representative of the Government of Taiwan, Director General Chen from the Taipei Economic and Cultural Office in Chicago. He's visiting the Capitol Building. He's already spoken to the Senate and he's going to offer some remarks to us in the House of Representatives. Director General Chen."
"Thank you. Thank you. Thank you. Mr. Speaker, honorable Representative, is a great honor and privilege for me to be with all of you at this House chamber. First of all, on behalf of the government and the people of my country, Taiwan, I would like to take this 70 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 opportunity to express to all of you my sincere appreciation for your friendship and strong support. In order to reciprocate your friendship, my country has decided to send and procure a mission, come to Illinois next month on May 19, to purchase a million tons of agriculture production from Illinois. On this occasion, I would like to let you know Illinois is very popular and well-known in my country. Almost everyone in my country, they know Illinois is our sister space. In our mind, Illinois is the real benchmark of American friendship and we cherish this friendship very much. On this occasion, I would like to introduce something about my country to all of you. My country, Taiwan, is an island country with total area of 36 thousand square kilometers. For each is only about one quarter of Illinois. Taiwan is a country who is 23 millions population. For each is about double size of Illinois. Taiwan is a country with gross national product of more than 350 billion United States dollars. Which make Taiwan the fourteenth largest economic power in the world. Taiwan is a democratic and always a peace loving country. But unfortunately, our people for quite a long time, living under the intimidation of military attack from Communist China, because China don't like our democracy. They don't like our government is elect by our people, while their government is not elect by their people. But in the competition between democracy and communism, we strongly believe time is on our side. People is on our side. History is on our side. Of course, I also believe Illinois's friendship is on our side. For the last five decades, Taiwan has endeavored for economic development, as well as social and political reform. Today, Taiwan share a common value of democracy, freedom, 71 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 and human right with Illinois. We witness the increasing ties between Illinois and Taiwan year by year. Last year, there are more than 1 thousand Taiwanese student come to Illinois looking for advanced education. There are more than 30 thousand Taiwanese people choose to come to Illinois, live in Illinois, go in business in Illinois, invest their money in Illinois. Last year, Taiwan purchased more than 500 million United States dollar of agriculture and industrial production for... from Illinois. Last year, the two-way trade between United States and Taiwan reached to 16 billion United States dollars, for which made Taiwan the seventh largest trading partner to the United States. Last year, terrorist attack New York and Washington. The world was shocked and saddened by the tragedy. The government and the people of Taiwan had much anguish of this tragedy and crime. We are determined to cooperate with the United States to fight against terrorism until it's totally terminated. There my friend, I do believe with your support, Taiwan will stand still on the ground of democracy, freedom, and human right. With your support, the friendship between Taiwan and Illinois will be strengthened. With your support, the current relationship between our two state, will eventually benefit to both of our two people. Once again, thank you very much for inviting me to be with you and speak to you. I would like to take this opportunity to wish you all the best happiness and continued success. May God bless America. May God bless Illinois. May God bless Taiwan. May God bless all of you. Thank you, thank you very much. Thank you."
"Mr. Hartke in the Chair."
Speaker Hartke: "House Bill 4509, Representative Bugielski. Mr. Clerk, please read the Bill." 72 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"House Bill 4509 has been read a second time, previously. Floor Amendment #1 has been adopted to the Bill. No Motions have been filed. No Floor Amendments approved for consideration."
Speaker Hartke: "Third Reading. Mr. Clerk, read that Bill for a third time."
"House Bill 4509, a Bill for an Act in relation to public employee benefits. Third Reading of this House Bill."
"Representative Bugielski."
"Thank you, Mr. Speaker. House Bill 4509 amends the Water Reclamation District Section of the Illinois Pension Code to authorize an optional contribution plan beginning January of 2003. The present plan that they have right now will sunset at the end of this year. So, this is the new plan that is going into effect for the... and this is for employees that have been with the district ten years or more. The new plan is gonna be much more beneficial to the taxpayers and to the district. Presently, it's costing the district $4 million annually. The purposed program will only cost $600 thousand annually. Members will... may choose to contribute 4% of their annual salary to purchase an additional 1% annuity benefit. And the district will match the employee contributions dollar for dollar. And I ask for its approval."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative..."
"The Sponsor will yield."
"... on the Amendment, in line 8, page 1. It starts out by saying an optional plan of additional benefits and 73 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 contributions made through December 31, 2002. Is this plan in addition to the current pension plan?"
"It extends the current optional plan."
"For a specified period of time?"
"For... through 2007. It's going to extend it from January 2003 through 2007. The present plan that they have now sunsets."
"Okay. All right. Okay. Then on page 10 of the Amendment there is a mandate exemption. If it has no fiscal impact on the state, why is there a mandate exemption in the Amendment?"
"It's surplus. It doesn't have to be there, but it just makes things clearer for it, but it's a surplus."
"Well, if... if... if the state is making certain that they are not required or we are not required for reimbursement, is there language in the Amendment that could be construed as a mandate on the unit of government in question, the MWRD?"
"The pension plan is financed through tax... property tax money throughout the district."
"Okay. So, the... the optional plan then does have some impact on the tax revenues that go to this entity? Would there be... I guess what I'm asking is..."
"Yes, it does. But it's gonna be a lot more beneficial with this new plan than what is presently there right now."
"Beneficial to the taxpayer or to the participant?"
"Taxpayers and to the district itself."
"All right, fine. Thank you very much."
"Further discussion? Chair recognizes another Gentleman from Cook, Representative Parke."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 74 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Sponsor will yield."
"Representative, you took time to come and talk to me about this. In essence, what they're doing is that the old plan ends, this is a new plan that comes in place. If you're in the plan currently with ten years of service, you have the opportunity to stay with the old plan. If you're in the... If you're a new employee or you're somebody with less than ten years you have to go into the new plan, because it's a volunteer program and if people wanna put more money into it they can voluntarily have more money deducted from their check so that it'll grow and give them a better retirement benefit. Is that in essence what you've said?"
"Right, it's purely a voluntarily... volunteer program."
"And then I guess this is a way of trying to keep the pension plans under control and still give people the benefits that they have. And... so, I guess on the face of it, I don't have a problem with it."
"Thank you."
Speaker Hartke: "Further discussion? Seeing no one is seeking recognition, Representative Bugielski to close."
"Thank you, Mr. Speaker. Again, this is as you can see, that this really a savings to the taxpayers and to the Metropolitan Water Reclamation District in excess of over $3 million a year. It's a great plan and I ask for its approval."
Speaker Hartke: "The question is, 'Shall the House pass House Bill 4509?' 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. Black, you have an inquir... you have 75 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 a question."
"Yeah, just an inquiry of the Chair before you take the record. I thought... have we adopted Amendment #1 to the Bill?"
"Mr. Clerk."
"Was that done previously?"
"Floor Amendment #1 has been adopted to the Bill."
"Could the Clerk enlighten us as to when that was adopted? The reason I ask, we had a fiscal note on the Bill to analyze the Bill. We did. We took the fiscal note off, but the fiscal note couldn't have been on there if the Amendment had already been adopted."
"The Amendment was adopted April 2."
"I'm confused, Mr. Speaker, seriously. We took the fiscal note off this morning. The Bill was on Second Reading. Now, you're telling me the Amendment was adopted yesterday?"
"The Amendment was adopted yesterday..."
"Okay."
Clerk Rossi: "... the Bill was held on the Order of Second Reading..."
"All right. Okay."
"... pending the filing of the note..."
"All right."
"... which was withdrawn today."
"The Amendment was adopted by voice vote?"
"Yes."
"All right. I'm sorry. All right. That clears it up. Thank you."
Speaker Hartke: "Have all voted who wish? Mr. Clerk, take the record. On this question, there are 83 Members voting 'yes', 33 Members voting 'no', 0 voting 'present'. And the 76 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 House does pass House Bill 4509. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4344, Representative Parke. Mr. Clerk, please read the Bill."
Clerk Rossi: "House Bill 4344, a Bill for an Act in relation to vehicles. Third Reading of this House Bill."
"Representative Parke."
"Thank you, Members... Mr. Speaker, Ladies, and Gentlemen of the House. This Bill, as brought to me by a person in my community who is a hot-rod and custom car enthusiast. And there are chapters around the State of Illinois and all over the United States. And they wanted to be able to move their custom vehicles up and down the highways of Illinois and move them to have them so that they'd be on display at fairs, and at the State Fair so that people could see 'em. Now, they spend tens of thousands of dollars on these vehicles and the State Police had some problems with how they were being presented. They didn't like to some degree the blue lights that sometimes you see on the older vehicle... older model vehicles. And so, what we've done is that we've structured a program that addresses a lot of the concerns of these enthusiasts, as well as addressing the concerns of the Illinois State Police. Right now, this Bill is not opposed by anybody. We think that it meets their needs. And I would ask the Body to support this."
Speaker Hartke: "Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 4344?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk... Mr. Brunsvold, has you voted on this Bill? Mr. Brunsvold, 77 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 would you like to... would you like to put your key back in? Okay. Mr. Clerk, take the record. On this question, there are 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 5921, Representative Schoenberg. Mr. Clerk, please read the Bill."
Clerk Rossi: "House Bill 5921, a Bill for an Act concerning budget stabilization. Third Reading of this House Bill."
"Representative Schoenberg."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 5920... 5921 is a refined version of the initiative advanced by State Comptroller Hynes which contains several key reforms regarding the state's Rainy Day Fund, and which provides for other fiscally prudent measures. This has... similar versions of this have received bipartisan support last Session with well over a hundred votes. First and foremost, it's important to point out that at this point in time the State of Illinois has broken a very dubious record, because right now we have... the state has unpaid bills of over one and quarter billion dollars. To provide you with some sense of context, this figure of accumulated debt exceeds the level a rec... exceeds the record level that was set when former Governor Edgar took office in 1991. Many colleagues have asked whether or not this legislation pertains to the need to... the statutory need to replenish the Rainy Day Fund of $226 million by the end of this fiscal year. I wanna emphasize that it does not. This legislation... what this legislation does do, is it provides additional savings into that budget stabilization fund and it does not occur until there's positive growth in the economy and the budget in 78 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the prior year. So, the timing is to put forward a long-term plan that addresses the issue of when we are experiencing positive cash flow, which we are currently not experiencing and addresses upcoming potential budgetary problems. Very briefly, there's a mechanism which provides that money, future deposits going into the Rainy Day Fund, that when revenue is projected to grow by more than 4% or an amount equal to 1% of the projected revenue fund should be set aside in the Rainy Day Fund. In current terms, that would mean that we would need about $960 million in growth which would set aside approximately $240 million. Because we... The second provision, because we've experienced a historic disparity between the numbers that come from the Bureau of the Budget and the Economic and Fiscal Commission in order to get a more accurate... more accurate revenue projection by which we can project our spending, it would establish a revenue estimating council. It would require that depos... that deposits go into an Early Debt Retirement Fund, once we exceed that 4% cap of the Rainy Day Fund that I outlined earlier. And finally, there... there's a section which very importantly addresses Section 25 liabilities. Unfortunately, we've seen a growing tendency in practice to roll over liabilities from one fiscal year to the next and this would tighten that loophole considerably. This reform... this fiscal reform package is supported by a broad base of constituency organizations including: AARP, many of the human service... major human service providers in the state, the Community Bankers Association, the Illinois Education Association, the Federation of Teachers, the Illinois Government Finance Officers Association, the Taxpayers Federation of Illinois, and many others. I urge your strong support once again for 79 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 this. And I'm happy to answer any questions."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, in a period that we are now in, in trying to put together a budget for fiscal 2003, if you could explain to me very briefly, we're in a deficit situation that we have to resolve. Now, in a case that we're in right now, will monies have to be appropriated to go into the Rainy Day Fund?"
"No."
"All right. So, it's only in those times when we have a positive cash flow that those appropriations to the Rainy Day Fund would then be made, correct?"
"Correct. It's only when we are experiencing positive revenue growth. And as you know, unfortunately right now, we are tracking negative revenue growth."
"Yes. All right. Now, on Section 105 on the fiscal year limitation, does that deal with lapsed period spending?"
"I'm sorry. Mr. Black, was that... could you repeat that question? I apologize."
"Yeah. There is a Section... there's a Section in your Bill that's labeled 105-25, fiscal year limitation. As I read this, I'm not sure that I... perhaps I'm seeing things that aren't in it. Does that have to do with changing how lapsed period spending would be handled?"
"Could you... could you direct me to what page you're looking at and I'd be happy to answer that question."
"I'm looking on our staff analysis having to do with fiscal year limitation and it references subsection (b-5) 80 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 and 5(c) of the Section listed fiscal year limitations."
"I think, Mr. Black, what you're asking about pertains to the portion of the Bill on Section 25 liabilities and what this provision in the Bill does is it requires the obligations that are approved for payment at the end of a fiscal year to be paid using that exact year's appropriations. And it also requires that the budget would reflect the liabilities which are rolled over from year-to-year. So, for example, a couple of years ago we saw that there were fourth quarter liabilities in child care that were rolled over to the next year, if this Bill were to become law that would have to be outlined in that coming year's budget. Similarly, any outstanding Medicaid debt which tends to drive these situations would also be required to be outlined in that following year budget. I think that's... would answer your question."
"Then... then how would transfers to the Rainy Day Fund be handled under that Section? Would that... would that be made in the fiscal year or could it be rolled over?"
"What it does is that it requires you for that fiscal year in which those liabilities are to be rolled over, there would have to be a line item in the budget which specifically outlines which liabilities are indeed going to be rolled over. It's really, essentially, a truth-in-budgeting maneuver..."
"All right."
"... so that we don't roll over more accumulated debt."
"That's... that's what I'm trying to focus on. I'll let you... okay... Are you through now? Okay. Let's focus on June of a fiscal year. Would you have to make an appropriation in June to the Rainy Day Fund for the next 81 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 fiscal year? In other words, could you take a positive balance and roll it over to the next fiscal year?"
"No, you wouldn't. It would be spread out over 12 installments over the fiscal year."
"All right, now, bear with me here. I'm certainly not an Arthur Anderson accountant, thank God."
"And I'm not Enron."
"Lapsed period spending, that's an issue I wanna focus on. What is to prevent an agency from literally closing out its books in late April and then bringing in bills, invoices if you will, in July and saying that it is a fiscal 2004 expense?"
"Mr. Black, right now that's current law...."
"Right."
"... what we'd be doing is shortening... what we'd be doing is not only shortening that period, but perhaps more importantly, we would be requiring these agencies to commit to paper in a specific line item what... how they were attempting to enact what you and I would probably consider to be a budgetary dodge."
"You say you're shortening the last period spending..."
"No, we... no, we..."
"... can you amplify that?"
"No, we did that... we did that, previously."
"All right. How would an invoice be handled for services rendered in the last week of May, the invoice for that payment gets to the Treasurer's Office the third week of June, it isn't given to the comptroller until the second week of July. How would that be handled? Old fiscal year or new fiscal year?"
"If it is obligated prior to June 30, then there are two months subsequent to that which constitutes the lapse 82 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 period, so... in order to disperse the funds in order to do it. Then, I think that answers your question."
"Let me..."
"So, in other words... if... I'm sorry, go ahead."
"Let me take an example that may well happen this fiscal year. A Medicaid payment is due in June, payments are already on a delayed basis. That Medicaid payment for services rendered in May to be paid June, probably isn't gonna be paid until September. Now, does that Medicaid payment reflect as a fis... as the previous fiscal year or will it be rolled into the new fiscal year?"
"The fact that that was billed in the... the fact... under the hypothetical that you outlined, the fact that that would've been billed in this fiscal year is the determining factor. When that expenditure is billed would determine which fiscal year it counts towards. In any case, what we're doing... whether... if it does not get paid, we would still require... if the department knows that they're not going to have the money to pay it, then they would have to specify in the following year's budget that, in fact, that was being rolled over and that wasn't happening in this fiscal year."
"All right, well given that hypothetical then what constitutional issues may we be looking at? Remember, the Constitution requires us to adopt a balanced budget. Now, if a service was rendered and invoiced in June, but not paid until the next fiscal year, say in August or September, how do you close out the previous fiscal year books in such a way that you have to balance a budget according to the Constitution?"
"Mr. Black, perhaps to clarify what this does is clarify... what this does is set thresholds on the revenue 83 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 side for what revenues are to be earmarked for which particular fiscal year. So, if you've exhausted the revenues in one fiscal year then you can't really roll those revenues over to the next fiscal year. I mean, under the situ... hypothetical that you outlined, which unfortunately is not so hypothetical, it's very real. If the monies were to be exhausted in year 'A' then all the... then anything corresponding with those revenues would be... would be earmarked towards year 'A'. When... what this really does is deal with it on the revenue side. On the expenditure side, what we wanna avoid is deliberately rolling over expenditures into the next fiscal year when revenues are indeed there for a current fiscal year."
"Well Jeff, I think that's what we need to focus on. And I don't have a problem with the Bill. I'm not trying to put you in any kind of trick bag. But given the constitutional limitations that we must operate under, I don't have a problem if you wanna obligate every penny of revenue in the fiscal year, but if you, on the other hand, will not allow the transference, for lack of a better word, of an obligation or a debt into the next fiscal year and you're gonna compress the... It's fine with me if you wanna do it that way, but given the economic slowdown that we've suffered, can we in fact meet the constitutional requirement of a balanced budget if you earmark all revenues in one fiscal year and disallow the transference of any obligation to a... to the next fiscal year? I mean... I... it is not my... it's not yours or my position to rule on the constitutionality, I understand that. But it would seem that we may be setting ourselves up for a potential constitutional challenge by making sure that all revenues are obligated and put into a fiscal year and then 84 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 expenditures must also meet those revenues. Now, if you get into an economic slowdown like we've had, then how do you handle the... the... what I perceive to be, a potential constitutional issue?"
"Mr. Black."
"Yes, Sir."
"Are we still seeking an answer?"
"Yes."
"I... I... I'd like to see us focus on what many of us perceive to be a constitutional issue if we're not careful in how this Bill is done."
"Take your time."
"He's in serious negotiations and discussion with his staff. Although I'm worried that his other staffer's left the floor."
"Mr. Black, the answer to your question is that the money would be registered as a liability... the money would be registered as a liability to the state and that would be recorded as such for the next fiscal year. So, if your question is, how do we clo... at a time when we don't have enough money..."
"Right."
"... how do we close the books?"
"Yes. How do we close the books as required by the Constitution to show a balanced budget?"
"We would record... we would close the books by recording the unmet liability as a liability of the state in the next fiscal year."
"So, all right..."
"Therefore, we would be tell... therefore we would be providing greater accuracy. Now, if you wish for the courts to provide more clarity on this that's probably 85 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 something I... I wouldn't argue with you with. As it is now, I'm very troubled by the... as many Members... as many people are, whether... it's not just Members, but providers and everybody waiting for the state to pay them because we see how... we see how... how there's an anticipated expenditure coming with full knowledge that there is not sufficient revenues to cover that. So, the way we would close the books is by... when the revenues for the current... for the fiscal year were exhausted what would be... and this is all revenue driven in this truth-in-budgeting."
"Right."
"When those revenues are exhausted then whatever was... whatever liabilities were not met would be recorded within the next fiscal year's budget as being an unmet liability."
"And see that... that's why... and I'm not implying anything here, don't take it that way. That's why this whole issue makes me somewhat nervous in that it does not lend itself to a political sound bite. And I think we try to sometimes do everything here as to what... what's gonna make a good political sound bite or what's gonna make a good political campaign issue or a mailer. I think you're headed on the right track and I'm not in opposition to what you're trying to do. I'm just simply saying this is a very complex issue that may involve a constitutional change, as well as a statutory change, on how we handle revenue. Because if I understood your answer, when the revenue is gone that's it, but the liabilities are still there."
"Correct."
"Now, if I interpret the constitutional... the Constitution correctly that's all well and good, but by 86 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 June 30 we have to show some kind of balance with the revenue and expenditure side, and the only way I think currently to do that is to do lapsed-period spending and move obligations from fiscal 2002 to fiscal 2003. Otherwise, I don't know how you close the books and meet the constitutional requirement."
"Well, Mr. Back... Mr. Black, if I can draw another parallel which would certainly provide ample precedent for doing this should it become law. Currently, when we calculate based according to Generally Accepted Accounting Principles, which are those principles which the rest of the universe, most notably the bond houses and others which determine the state's fiscal health use to assess our situation. When we track our gapets... our GAAP accounting, we report what the rolled-over expenditures are there as well. So, there's certainly ample precedent for doing this very same thing based on what we're doing with the GAAP accounting in reporting to the bond houses and the other agencies."
"All right. I..."
"Your point... your point's very well... your point's..."
"Yeah."
"... very well-taken."
"I... and I appreciate..."
"But I think there's an answer for it."
"I appreciate the effort that you've put into this and I also appreciate, as I always do, you're forthright in your answers. I just... I just want us to make sure... there are people who will try to make this into some kind of a political issue. I see it as much more important than that. I don't... I'm not as concerned about who came up 87 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 with the idea, or what officeholder is a strong proponent of this. Obviously, any of us sent here on behalf of the people who... who we are supposed to represent want us to spend their money wisely and account for it wisely. If this Bill will help us do that, I don't have any difficulty with that whatsoever. But I think at the same time, we need to understand this goes far beyond anyone's political advantage or sound bite. It may, in fact, precipitate a constitutional issue that I would look forward to working with you on how we're going to do that. It's obvious from this economic slowdown that we need to reexamine and reevaluate how we prepare and follow budgets. If that's what this is an attempt to do, I will join you and vote for it. What I hope I don't see in the next six or eight weeks is somebody trying to make a political issue out of what is, I think, is much more complex and complicated than that. And I don't... I'm not saying that you are or the comptroller is. Obviously, we need to evaluate how we devise a budget and how we maintain that budget, how we account for expenditures and how we spend the money. And if that's what we're attempting to do here, fine. I would hope that we not take a turn and try to make it into some kind of political issue, because the issues at hand are far, far more important than any short-term political gain for anybody. I think that's where you're headed, I think you're headed in the right direction. I just would caution all of us that we look at it as objectively as possible and hopefully, come up with a system that will better serve all the people of the State of Illinois. Thank you very much."
"Further discussion? Chair recognizes the Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 88 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Sponsor will yield."
"Representative, what are you estimating that the 4% of the General Revenue Fund would be, approximately a billion dollars?"
"In today's current terms it would require about 960 million in order to trigger a 1%, which would be approximately 240 million."
"So, then you'd take the 1% out leaving 3% left?"
"I'm sorry, what?"
"If the 4% trigger..."
"Yes, I'm sorry. The answer's 'yes'."
"So, then you'd take the 1% out for early retirement, for the Early Retirement Debt Fund? Or early debt..."
"No, we first... no, we first fill up the Rainy Day Fund. When the Rainy Day Fund caps at approx... I'm sorry, I misunderstood your question... When the Rainy Day Fund caps out at about a billion dollars, then it redirects 1% to the Early Debt Retirement Fund and that's subject to appropriation and it's used to pay deferred liabilities under Section 25. It's also used to pay for early retirement of unfunded pension liabilities, the retirement of bonded indebtedness when practical, and funding of other long-term fiscal needs."
"All right. So, you're basing the 4% on General Revenue Funds not the total budget. So, General Revenue Funds is approximately normally half what the budget is being when you take out federal funds."
"It would be out of General Revenue Funds."
"All right. So, under today's current budget it'd be approximately a billion dollars and that would trigger a quarter of it being moved into early debt retirement?"
"Anything exceeding the 4% that fills up... anything 89 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 that... once the Rainy Day Fund is filled then it triggers going into the Early Debt Fund, so that the Rainy Day Fund would remain intact while we're retiring deferred liabilities, the Section..."
"And that's nonflex... that's not flexible?"
"Pardon me?"
"That's not flexible?"
"No."
"All right. In a..."
"I mean that insur... that insures so we don't come up with a situation where people are banging on our doors saying, oh, can you not repay the Rainy Day Fund in order to meet unmet liabilities. Here we would have an automatic mechanism that would pay for those deferred liabilities and Lord knows, we have enough of them."
"All right. Now, I'm a cosponsor of this Bill and I have sponsored or been the Sponsor under Comptroller Didrickson and... Comptroller Hynes for the expressed reasons of what is happening to us now with the problem we're having, particularly in Human Services, where a billion dollars, if it had been put in there and kept, would've covered the shortfall that we're having. And that most enhanced revenue sources do not kick in immediately enough to cover the shortfall that we would have in certain areas, particularly once again, Human Services. My only other question in looking at the way this is prepared is a billion dollars would about cover what were happening now, may not cover what would be... we would be going into the next year, but if we had been doing this for the last four or five years, we would not be facing this extreme crisis we're in now. But my other problem is, if you take 1% out and you retire debts at a bonding rate that is lower than 90 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the bonding rate would currently be, why would you do that, because then if you needed to borrow or do something for a coming year, you would be borrowing money at a higher rate than at a rate that we would've been retiring a debt. So, is there... if there's no flexibility there, is that a good thing? Do you want me to go over it one more...?"
"No, your question was, if we... once we hit the threshold that triggers into early debt retirement, if we use the money to retire some long... like pension obligations or other long-term indebtedness..."
"Well, particularly bonds that we might have gotten at a more advantageous time. Say, in this year if we retired something where the bonding rate was lower when we took those bonds and then we move into a coming year where we're still gonna have a deficit and we've already spent the balance and we looked at having to incur a debt at a higher rate of bonds, would... and there's no flexibility there, would that be a good thing or is maybe that provision of this not exactly on the money?"
"Ya know, Representative Mulligan, an answer to that might be that you... that you could pull money out of the Rainy Day Fund. I understand what you're saying, you tie it up... if you retire long-term obligations and then you find that you want that cash in order to pay some outstanding bills, what do you do? Then you could... rather than... rather than short-term borrow, what you could do is take the money from the Rainy Day Fund."
"Okay, but the concept..."
"I mean... interestingly enough, I just wanna add that... I mean, you're speaking to a situation that would've perhaps exist now if we were to do this?"
"Right." 91 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Arguably, one thing you have to keep in mind, is right now the only good thing that the current economy has given us is a relatively cheap cost of borrowing money. And we've seen an economic downturn, but what's been corresponding with that economic downturn has been a very inexpensive cost of borrowing money. So, if we took today's scenario, like you're doing as an example, we would be refinancing like crazy anyway because as we... as the state has been. I know director... Budget Director Schnorf's been very aggressive about this. We've been refinancing every available opportunity anyway, because the rates have been lower now than they've ever been before. The rates are low, while our level of indebtedness exceeds what it was when Jim Edgar first became the Governor in 1991, the interest rates... what does not correspond to that is that the interest rates are far lower. And so the way..."
"So, the cost of the money is less now than it was?"
"The cost of money is considerably less now."
"All right. That's pretty much where I was going with this, but the thing is that what I'm most concerned about is that we've had the opportunity to do something like this for the past four years at least where..."
"Well, like you, I'm working on my third comptroller with this Bill."
"Right. So, at this point, if we had done this or something similar to this a number of years ago we would not be facing the extreme crisis that we're in right now."
"Correct."
"And when is it too soon to start doing something like this? I certainly support the concept, as I have for the past number of years because I think it would've certainly 92 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 alleviated the problem we're faced with now. I think it's a good time to address that issue, who knows when it will happen again. We hope upswing will come, but in the meantime we have an acute problem with the budget that is impacting many of our constituents and certainly human services and education to a great extent. And so, I certainly support you in this effort. Thank you."
"Mr. Parke, do you stand in opposition to this Bill?"
"Thank you, Mr. Speaker. I'm not sure, but I'm gonna ask some questions first."
"You may."
"Will the Sponsor yield?"
"Sponsor will yield."
"Representative, my question is, once your fund is established who controls it?"
"The dollars would stay in the fund unless the comptroller... the comptroller utilized them for cash flow purposes or unless the General Assembly appropriated those funds. Like you, it'd certainly be my hope that we wouldn't appropriate those funds and exhaust a reserve account."
"Does the Governor have any say in it?"
"The Governor signs the appropriation Bill by the General Assembly, but that's the limitation of the Governor's role."
"Can it be outside of a Veto or Amendatory Veto, can the Governor stop the movement of funds in there any other way?"
"It would be no different than any other appropriation by the General Assembly currently in which the Governor has the cons... the constitutional authority 93 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 to veto that."
"Okay. You have the fund, what happens if one of our good Legislators decides that we have a billion dollars sitting in this fund and he wants to develop a housing program in his legislative district and since the money's there he wants to be able to allocate money out of that to fund his housing project?"
"Mr. Parke, there's a direct... there's... in anticipation of your question, there's a directive that specifies and limits how the Budget Stabilization Fund could be used and it's articulated that in order to reduce the need for future tax increases, maintain the highest possible bond rating, reduce the need for short-term borrowing, and provide available resources to meet the state obligations whenever casual deficits or failures in revenue occur and providing the means of addressing budgetary shortfalls. So, that inherently establishes parameters on how this Budget Stabilization Fund could be used."
"Say it another way. Can we, as a Body, pass legislation that puts a lien against it in any way, shape, or form or can take out of it for worthwhile projects?"
"The Legislature wants to app... wants to make that appropriation, they can."
"They can... they can appropriate out of that fund?"
"If they wish to."
"I just don't under... is this a mandatory... once this becomes a law does the money come out of the General Revenue Fund on the percentage basis automatically like the pension sys... Pension Fund where it's the first appropriation paid? Would this be the second appropriation paid?" 94 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"It's 1% when there's positive growth and that's a big condition. When there's positive growth, it's 1% of the prior year, but it has to be when there's positive growth. If we're in a situation like we're in now, where there's negative growth, where expenditures... where revenues are not meeting anticipated levels, it wouldn't occur."
"Well, Representative Schoenberg, this is the first time in the history of the State of Illinois we've had negative growth. So, therefore most of the time it will be... what is it, is it a mandatory appropriation off the top? Nothing else can be paid before this fund is paid?"
"It's based on the estimated revenue, if in fact there is growth."
"I'm gonna ask you again..."
"Above that 4% level..."
"... is it a mandatory appropriation?"
"Yes, yes."
"Yes, it is. So, pension's gotta be paid first and then this'll be paid second and then any other appropriations taken from that will be paid out of what's left."
"Yes. Yes."
"Well, to the Bill. Ladies and Gentlemen, I'm not sure anybody understands the ramifications of this legislation. And in essence, what we're doin' is that we're takin' money out of the appro... out of the hands of the Legislature, in my opinion, and putting it away and it sits there and I hope it sits there... I hope it earns interest in the fund. I hope there's some kind of an investment vehicle. I failed to ask that question. Perhaps when the Sponsor closes he can answer it. But I just have concerns about what we're doing here, because I don't think even our 95 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Sponsor or anybody really knows in the long run how this practically will work. And so I have serious reservations about it. I... seeing the kind of tragedy that this state financial picture is in I guess we should try and look at alternatives to try and alleviate future crisis when the economy downturns, but I'm not sure this is the answer but I'm also not sure I'm going to vote against it because I think we need to try different approaches. But this makes me very nervous. Thank you."
Speaker Hartke: "Further discussion? Chair recognizes Representative Lang."
"Thank you, Mr. Speaker. I rise in support of this Bill. There have been some red herrings discussed on this floor today. The fact is that if we had passed a Bill like this some years ago in the '90s when we had some money we'd have a significant amount of money set aside and we wouldn't have the budget crunch we have today. This Bill only kicks in if we have positive revenue growth in the budget, so there's no fear that this is going to make a bad budget situation worse for this year. Seems to me reasonable that we put into place a plan of attack so that once the economy improves and then in a later cycle it declines again as it is now, we won't visit the same problems ten years from now we're having today. For those of us that have a concern about human services or education, if we had done this properly some years ago we wouldn't be in the budget problem we have today. Accordingly, this is an appropriate 'aye' vote."
"Representative Schoenberg to close."
"I urge your favorable support once again for House Bill 5921."
"The question is, 'Shall the House pass House 96 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill 5921?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr... Mr. Clerk, take the record. On this question, there are 107 Members voting 'yes', 10 Members voting 'no'. And this Bill, having received the Constitutional... Constitutional Requirement, is hereby declared passed. Representative Pankau."
"Thank you, Mr. Speaker. I'd like to let everybody know that my seatmate has her birthday today. Renee Kosel's birthday is today. She has provided everybody with a cake, down here. This is Carol Poe's famous warm butter cake. So please, help yourself and join me in wishing her a very happy birthday. Happy birthday, Renee."
Speaker Hartke: "House Bill 4230, Representative Morrow. Mr. Clerk, read the Bill."
"House Bill 4230 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill again."
Clerk Rossi: "House Bill 4230, a Bill for an Act in relation to taxation. Third Reading of this House Bill."
"Representative Morrow."
"Yes, thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4230 amends the Income Tax Act to set up a fund for Multiple Sclerosis Assistance Fund to aid those with the disease. Basically, it's a... it asked the fund as an additional cost to which taxpayers may contribute all or part of his or hers tax return. Furthermore, it amends the Department of Human Service Act to provide that the Department of Human Services shall make grants to people with MS for health-related problems from the fund. I'll be 97 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 glad to answer any questions."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4230?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And the House does pass House Bill 4230. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 3982, Representative Morrow. Mr. Clerk, read the Bill. No, out of the record. House Bill 3632, Representative Scully. Mr. Clerk, read the Bill."
"House Bill 3632, a Bill for an Act concerning fireworks advertising. Third Reading of this House Bill."
"Representative Scully."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I present to you House Bill 3632 which would ban the billboard advertising of fireworks. As many of you are aware, it is presently illegal in the State of Illinois to own, sell, or possess fireworks. Yet, on many of our state highways there's very aggressive billboard advertising being done by retailers from the State of Indiana, advertising to the residents of the State of Illinois, the sale of fireworks that are illegal to possess in the State of Illinois. They're also illegal to possess in the State of Indiana. When our residents go to Indiana to buy these fireworks, they have to sign a statement that they will take these fireworks outside the of the State of Indiana. This is entrapping our citizens into breaking the law. When these people come back into the State of Illinois, 98 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 their fireworks are frequently confiscated by the State Police. We think this is an issue of important public safety and I ask for your favorable consideration."
Speaker Hartke: "Is there any discussion? The Chair recognizes the Gentleman from Kendall, Mr. Cross."
"Thanks a lot. Can I ask some questions, Mr. Speaker?"
"Yes, you may."
"Representative, I see that the Illinois Municipal League opposes this Bill. Do you know if that happens or at one time they did. Do you know if they still do?"
"They do oppose this Bill on the grounds that it preempts Home Rule."
"So, that begs a question of the parliamentarian. How many votes does this take?"
"We're checking. Proceed with your questions."
"Did someone... did someone already ask that?"
"I don't believe so."
"All right. What?"
Speaker Hartke: "You may proceed with other questions, if you will, while we're checking the Bill."
"Oh, okay. Representative, we've passed a Bill similar to this in the past, haven't we? We've done a Bill like this in the past."
"Two years ago, this same Bill passed by an overwhelming majority. I believe there were about five dissenting votes."
"What... George, what would you say at the respect to the constitutionality of this issue of speech that I want to be able to advertise my business or my product on a billboard and this Bill, if I read it correctly, you're not going to let me do that, on any outdoor billboard any advertisement of fireworks for sale." 99 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Representative, the United States Supreme Court has spelled out a four-part test for determining whether or not a specific piece of legislation or regulation is an unconstitutional infringement upon commercial free speech. In order to have the law or statute declared unconstitutional, it must pass a four-part test. The first part is the concern of whether or not it is a... the activity is a lawful activity. The second part is whether the advertisement is misleading. The third part is whether it is determined that it is directly advances a governmental interest and whether or not it's more extensive than is necessary to accomplish that government interest. Mr. Cross, I suggest that a challenge to the constitutional of this law would pass all... would fail all four parts of the test. It is not a lawful activity. The advertising is misleading in that it causes people to believe that they can lawfully buy these fireworks and bring them back in the United... into the State of Illinois."
"You cannot have fireworks anywhere in the sta... you can... didn't you say you can have fireworks in Indiana, for instance?"
"You can purchase fireworks in the State of Indiana if you promise to take them outside of the State of Indiana."
"And so that activity in Indiana is lawful. I... If I buy 'em in Indiana and stay in Indiana, it's okay for me to purchase and possess fireworks."
"No, that's not correct."
"I thought you just... okay, well, what is it?"
"It is lawful for you to purchase fireworks in the State of Indiana if you promise to take those fireworks outside of the State of Indiana and to not use them in the State of 100 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Indiana."
"Okay. All right."
"Which directly leads to the next question, as to whether or not it's misleading. Mr. Cross, I think you clearly showed by this debate that this advertisement is misleading. It is misleading people in the State of Illinois thinking that it is lawful for them to purchase fire..."
"I'm just asking questions, George. I'm not sure you can suggest that that's misleading. So, but by... by your Bill I'm on... I wanna put a sign on I-80 and there are truckers that go back and forth on I-80 in the State of Illinois. They could be from California. They could be from New York. And I have a lawful business in the State of Indiana, I sell fireworks. And we'll... it's lawful if I purchase the fireworks and move on to another state. Why should I be prohibited from advertising those fireworks for people that are gonna come into the State of Indiana? Why... you were... you were prohibiting someone from a lawful business in the State of Indiana."
"Mr. Cross, as a matter of public policy this General Assembly decided a long time ago that fireworks are contraband. It is illegal to possess fireworks in the State of Illinois."
"I understand, George. And I'm not suggesting that we should change the law, but what I am suggesting is I have a lawful business in the State of Indiana. We encourage people to advertise on billboards. We encourage them to do it in newspapers, radio, TV, whatever's, you know, under the... whatever's... something... whatever's the most cost effective for them. You are now limiting someone from conducting a lawful business that they conduct in the State 101 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 of Indiana under your Bill. Now, are they prohibited from advertising in the Chicago _______________ Tribune?"
"At the present time, no."
"All right. They're not prohibited from advertising on Channel 7."
"That's correct."
"Correct? They're not prohibited from advertising on WBBM. Correct?"
"That's correct."
"But, so now though, we're isolating one form of advertisement and that is a billboard and we're allowing the advertisement on all of the other mediums throughout the State of Illinois. Why are we picking on billboards?"
"Because this is the medium that billbo... that fireworks retailers choose to use. I'm not aware that they use newspapers or radios or television. I am very painfully aware that they use billboards in my community to advertise contraband."
"Well, I actually, George, and I got to tell you, I don't like fireworks. I hate 'em. I don't use 'em. I don't want my kids usin' 'em. I think they're dangerous. I don't quarrel with what you're suggestin' about 'em. I think they're bad. But and that's fine. But I do think what you're doing is... is limiting or I think it's dangerous to prohibit someone from conducting a business that other states have said is lawful. But I don't know India... Missouri, are they lawful in Missouri?"
"They are lawful in Missouri."
"They are lawful, they're apparently lawful in Tennessee. I just got back. They're lawful in Tennessee. They're lawful in Alabama. They're lawful in Kentucky. And those states have said it's okay. And we have people that come 102 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 into our state, they move freely in and out of our state. And we're saying basically to people that sell these, sorry, you can't advertise. You can advertise on TV, it may cost you more. You can advertise on radio, it may cost you more. You could put an ad in the Chicago ________________ Tribune, it may cost you more. But on the most cost effective, we're not gonna let you do that. And I don't know that that's something this General Assembly ought to be doing. I don't know how this Bill is gonna... whether it's gonna pass or not. But I seriously think, and I'm... George, I'm far from a constitutional expert but it surely, surely seems that we're treading on some thin ice with respect to the constitutionality of this. And I would... I'm still waiting on... if you could just put that answer up on a billboard, Rob, that would... that would be all I need."
"In response to your inquiry, a parliamentary proce... parliamentary question, Mr. Uhe will respond."
"Good."
Parliamentarian Uhe: "Representative Cross, in response to your inquiry on behalf of the Speaker, House Bill 3632 does preempt Home Rule units from regulating billboard advertising and fireworks in a manner less restrictive than the state that proposed State Law. That kind of preemption is on the concurrent exercise of powers requiring 60 votes."
"It only requires 60 votes?"
"Yes."
"I thought you just said it preempted Home Rule. I am..."
Parliamentarian Uhe: "It does preempt Home Rule in a manner that only requires 60 votes, not 71."
"I have... I have been totally misled. And I actually, seriously, if you could clear that up, Rob. I'm not, I'm 103 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 not tracking with what you're saying. It does preempt Home Rule and which normally says you need 71 votes."
"The preemption that we're dealing with here is under Subsection 6(i) of Article VII of the Constitution. That Section does provide for the preemption of Home Rule powers in a way that locals cannot regulate in a manner less restrictive than the State Law. That kind of preemption only requires 60 votes. The kind of preemption I think you may be referring to requiring 71 is under Subsection G, I believe."
"All right. So, I wanna... so would a municipality, maybe this is for the parliamentarian or for George. A municipality could not allow on a border city, could not allow by ordinance the... the utilization of billboards to sell fireworks. George, maybe you can help me out on that."
"Representative Scully."
"Representative, the Bill does preempt Home Rule power to otherwise permit billboard advertising."
"So, I, I'm... Richmond, Wisc... Richmond, Illinois, up on the border, they cannot allow under your Bill, your Bill outright prohibits advertising of fireworks sales."
"Yes."
"Just can't do it."
"Yes."
"So, the City of Richmond cannot allow by ordinance in the City of Richmond a sign that says, 'Come to Wisconsin and buy sparklers.' In fact, no municipality in the State of Illinois by ordinance, if your Bill passes become law, can put up any... can..."
"That's correct."
"So, Home Rule... so, a Home Rule community has absolutely 104 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 no authority to put up a sign or allow a sign, correct?"
"Correct."
"Okay. So I'm, I guess I'm not following this in terms of preemption, Mr. Speaker, and the parl... we clearly are saying that municipalities... we're preempting all your... we're taking away all your authority with respect to advertising on billboards. Now, we have had this debate on concealed carry and that requires 71 votes. And now you're sayin' this would only require 60. If you could maybe clarify that for me."
Speaker Hartke: "Mr. Cross, would you care to challenge the Chair's position?"
"No, I really just want an explanation."
"I think he gave you one."
"That's all I'm gonna get, okay. Well, I'm not gonna belabor the point. Thank you."
"Mr. Scully to close."
"Thank you very much, Mr. Speaker. The issue of fireworks sales, the illegal possession of fireworks is a very large problem in our south suburban community caused substantially by these retailers in Indiana selling their fireworks to residents of the south suburbs. I'd really appreciate your support in this Bill to ban the advertising of that sale in Illinois."
"The question is, 'Shall the House pass House Bill 3632?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 67 Members voting 'yes', 42 Members voting 'no', and 9 Members voting 'present'. And the House does pass House Bill 3632. And 105 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 this Bill, having received the Constitutional Majority, is hereby declared passed. House Resolution 751, Daniels. Mr. Clerk, would you please read the Resolution?"
"House Resolution 751. HOUSE RESOLUTION 751 WHEREAS, The members of the Illinois House of Representatives are proud to recognize businesses in the State of Illinois that have exhibited a high degree of excellence; and WHEREAS, It has come to our attention that four Illinois organizations have received recognition by The Lincoln Foundation for Business Excellence (LFBE) for demonstrating improvement in their business management, processes, and quality; and WHEREAS, The recipient of The Progress Towards Excellence Award was given to Trinity Medical Center in Rock Island; this award commends organizations for continued progress towards performance excellence in management, process, and quality; Trinity Medical Center is a nonprofit, full-service hospital that provides healthcare services in two campuses located in Rock Island and Moline; the 374 bed facility serves more than 200,000 Quad-City area residents within a three-county region and employs 1,700 people; and WHEREAS, The Commitment to Excellence Award was given to Northwest Community Healthcare in Arlington Heights, Rock Island School District 41, and the Village of Addison in Addison; this award is bestowed upon companies and organizations that demonstrate the plan and commitment to implement key business and management processes that lead to a higher degree of performance excellence; and WHEREAS, Northwest Community Healthcare is a non-profit 106 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 organization, with approximately 4,000 employees, that serves Chicago's northwest suburbs; it is governed by a volunteer Board of Directors consisting of local business people, civic leaders, educators, and physicians; the hospital has 500 beds and offers a full range of inpatient and outpatient services, including a Day Surgery Center; Northwest Community Hospital houses one of the areas busiest Emergency Departments, with more than 57,000 visits in 2001; and WHEREAS, Rock Island Public School District 41 serves the 46,000 residents in the communities of Rock Island and Milan with a total student enrollment of 6,400 students; the educational services of the district are delivered through twelve elementary schools, two junior high schools, one high school, one alternative junior/senior high school, one special education pre-school, and other pre-school programs; District 41 is the 25th largest unit district in the State and employs nearly 1,000 people; and WHEREAS, The Village of Addison has a population of 35,914 residents and almost 2,900 businesses; Addison is home to the largest industrial park in DuPage County and the fourth largest in Illinois; residents and businesses of Addison are served by 207 Village employees in seven major departments, including: Administration, Finance, Community Relations, Community Development, Public Works, Environmental Services, and Police; the Village's service-oriented philosophy balances various community needs with municipal resources through a planned approach to the governance process; and WHEREAS, The Lincoln Foundation for Business Excellence, a not-for-profit organization, is the State of Illinois's quality recognition process whose main focus is to be the key catalyst in helping Illinois organizations achieve excellence; the Foundation raises the statewide bar of competitiveness by strengthening 107 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 existing organizations, attracting new businesses to Illinois, and promoting private and public sector cooperation; each year a select Lincoln Board of Examiners and Panel of Judges review award applications and determine which applicants have earned recognition; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Trinity Medical Center, Northwest Community Healthcare, Rock Island School District 41, and the Village of Addison for their outstanding display of business management, processes, and quality; and be it further RESOLVED, That suitable copies of this resolution be presented to Trinity Medical Center, Northwest Community Healthcare, Rock Island School District 41, and the Village of Addison as an expression of our esteem."
"The Chair recognizes Representative Daniels."
"Mr. Speaker and Ladies and Gentleman of the House. This is indeed a proud moment for the recipients of this outstanding award, The Lincoln Foundation for Business Excellence. I wonder if I could start out by asking those individuals that are recipients of this award please to stand up and be recognized by the General Assembly. And right over here, as they stand and are recognized for their individual achievement and achievements of their community and organizations, let me point out that Representative Brunsvold from Rock Island is also one of the Sponsors of this Resolution, along with Representative Bassi from Arlington Heights and Northwest Community Healthcare is also a recipient, as well as myself from Addison, the Village of Addison and their award that they received, along with these Rock Island School District 41 in Rock 108 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Island, as well. The four organizations that received this award, indeed, deserve our congratulations and commendations for excellence. The Lincoln Foundation is the only nonprofit organization dedicated to approving how businesses, associations, and other groups operate. They provide education and outreach to all sectors of businesses and government. And in doing so promote private and public sector cooperation in sharing of the best practices. In essence, the Lincoln Foundation devotes itself to helping people be all they can be. And they're the best at what they can do. While a number of groups apply for the Lincoln awards, only the best qualify. That's why it's an honor to have them with us today and an honor for us to recognize them. I would now ask the indulgence of the Chair, first to call on Representative Brunsvold, and then Representative Bassi and then I'll close after they're completed."
"The Chair recognizes Representative Brunsvold."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Up in the... on the right side and Republican side of the aisle in the balcony is a couple of individuals from Trinity Medical and Marcia Rose, there she's waving, and Cherie Fulks, right there, are vice-presidents at Trinity Medical Center. And they do a very fine job. And it's a well-deserved award that Trinity is receiving today. On the school district, Rock Island District 41, which is my alma mater high school district, I graduated from there, is 'Mooch' Gay on the school board, your hand there, and with... there's a group of people from the district there and I might introduce Superintendent Dr. Markward and Mike Oberhaus, the financial officer. And they also do a very fine job. And I'd like a really a well round of applause 109 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 for these people 'cause they're all my wife's boss. So, let me just say that Trinity Medical and Rock Island School District and the leadership involved there is really outstanding and this award is very, very well-deserved. And thank you for all your help in the school district and with the Trinity Medical Center. Thank you very much."
"The Chair recognizes Representative Bassi."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I am delighted to see to that Northwest Community Healthcare along with its president and CEO Bruce Crowther, who hopefully you guys can see, I can't see him from down here, but Bruce, if you would wave, are receiving the statewide recognition that they so richly deserve. The Outreach Program for Northwest Community has involved all the neighboring municipalities in programs to promote healthy lifestyles, something we could probably use a lot more of down here in Springfield, especially looking at some of the things you guys are eating at your desks right now. The commitment of Northwest Community Healthcare to excellence has enhanced the lives and health of the people in all of the northwest suburban area. Not only has the hospital been recognized as one of the top, top 100 orthopedic hospitals in the nation, but also as one of the top heart hospitals in the nation. Northwest Community Hospital, a part of the Northwest Community Healthcare Organization, is one of only two hospitals in the entire State of Illinois to be awarded both distinctions. I congratulate you on your well-deserved award for your commitment to excellence from the Lincoln Foundation for Business Excellence. Thank you, for what you do for the entire community. And a round of applause for Northwest Community, please." 110 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
Speaker Hartke: "Representative Cowlishaw would you like to talk on this issue... speak to this issue?"
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I am pleased to announce that the Lincoln Foundation for Business Excellence has relocated its offices to the City of Naperville. They know a great community when they see one. So they have moved to Naperville. One of the things I would like to note about this wonderful organization that is giving these awards today is that this group trains 500 volunteers from throughout this state to take part in the process of evaluing... evaluating those potential recipients of these awards and how they have progressed toward the highest standards of excellence. This is a most worthwhile organization and of course, I am more than pleased to welcome it to the City of Naperville. Thank you, Mr. Speaker."
"Thank you. You've heard the Gentleman's Motion. All those in favor of House... Mr. Daniels."
"Mr. Speaker, Ladies and Gentlemen of the House. I want to have it recognized that Representative Mathias is also a Sponsor of this Resolution, since much of his new district will come from this area. But I have the pleasure also of introducing the Village of Addison, who is a recipient of one of these outstanding awards. As the Resolution stated, Addison has a population of 35,914 residents and almost 2900 businesses. It makes them the largest industrial park in the County of DuPage and the fourth largest in the State of Illinois. Residents and businesses of Addison are served by 207 village employees and in seven major departments. We're very, very pleased to have with us several representatives today from Addison. If you would 111 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 join me in welcoming the Mayor of the Village of Addison, Larry Hartwig, Mayor Hartwig, the Village Manager, Joseph Block, the Assistant Manager, John Berley, Director of Personnel, Don Pinson, and Communication Director Michael Tynus. So Addison, congratulations, another outstanding job done. We're very proud of you. Mr. Speaker, I move for the adoption of this Resolution with great pride and congratulations to the recipient of this outstanding award of the Lincoln Foundation."
Speaker Hartke: "You've heard the Gentleman's Motion. All those in favor of Resolution 751 signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. The Chair would like to recognize Representative Jefferson for an announcement."
"Thank you, Mr. Speaker. Point of personal privilege. I'd just want to recognize a gentleman, one of our own who was here in the chamber. I don't know where he disappeared to, but he was here visiting just a little while ago. Gentleman from the great City of Rockford, former Representative out of this House, Mayor Doug Scott, who was here a little while ago. Mayor Doug Scott, there he is."
Speaker Hartke: "Representative Lindner, for what reason to do you seek recognition?"
"Thank you, thank you, Mr. Speaker. On House Bill 3632, I wish to be recorded as 'no'."
"The Journal will so reflect. House Bill 5908, Representative Miller. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 5908, a Bill for an Act concerning insurance coverage. Third Reading of this House Bill."
"Representative Miller."
"Thank you, Mr. Chairman and Members of the General Assembly. Today I present House Bill 5908. This Bill 112 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 creates a new requirement which allows pharmacists to dispense multiple prescriptions for patients during a single visit."
Speaker Hartke: "Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 5908?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And the House does pass House Bill 49... 5908. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4976, Representative Smith. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 4976, a Bill for an Act concerning counties. Third Reading of this House Bill."
"Representative Smith."
"Thank you, Mr. Speaker and Ladies and Gentlemen. This is a Bill at the request of the sheriff... Sheriffs' Association, in particular, came to my attention from the Peoria County Sheriff. This would address the increasing costs that counties have in providing court security. The Bill as amended by Amendment #1 does three things. First, it establishes for counties with a population less than 1 million, a $10 fee for each time the sheriff commits or discharges a person from jail. In addition, it would increase from $15 to $25 the court services fee that counties already charge at the initial filing time when a case is filed in court. And then the third provision would allow rather than having to come to us each time, counties would like to increase fees that are established by 113 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 statute, would allow them to do so every five years after doing a cost study to determine whether a cost of living adjustment based on that cost study would be necessary. That is the basic provisions of this Bill. Again, it is a measure of the Sheriffs' Association to increase their ability to provide court services... court security. I'd be happy to answer any questions."
Speaker Hartke: "Is there any discussion? The Chair recognizes Mr. Cross."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor indicates he will yield."
"Representative, I... it was a little loud in here, so I just want to make sure we cover what's in this Bill. I'm not... at this point, I'm not sure whether I'm for it or against it. And initially, the underlying Bill established the $10 fee to put someone in prison and then a $10 exit fee. Is that right?"
"That's right."
"Is that still in there?"
"Yes, it is."
"So, if I don't... if I'm the prisoner, I don't have $10, I can't leave?"
"Representative Cross, I'm sure you would have lots of friends who'd be willing to..."
"Well, that's a matter, that's a matter of debate, Representative."
"...provide that $10."
"But, no, I... so I've got to, I show up at the jail. I give the jailer $10. He lets me in. And then I've got to have another $10 in my pocket when I leave. Who... who... who gets the money for that, that portion of your Bill?"
"That money goes to the... to the county... to the sheriff 114 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 for court services... for court security."
"All right. I assume and you know, I've kinda been jokin' around, that's a fee that's assessed at the time of the sentence, I assume."
"That's right."
"Both the entrance and exit fee. Would that apply... that would apply to any... Representative, on that particular fee, we're just talking about county time. This wouldn't apply to the Department of Corrections. Those would be fees just for someone serving in the county jail."
"That's right."
"Serving time in the county jail."
"Only in a county jail."
"Okay. Now, that was the underlying Bill that remains in the Bill. You now have an Amendment, as well, that's been adopted. Is that correct?"
"That's right."
"Okay. Can you explain to us a little bit, there's some fee increases in that portion, in the Amendment. Is that correct?"
"Yes, the provisions that were added would increase the fee, the court services fee, that counties charge currently at the initial filing in certain cases. Currently, that's $15, that would be raised to $25."
"All right. That would be of the filing of civil cases?"
"Representative Cross, my understanding is that is a filing on civil and criminal cases."
"I mean... I'm just hesitating because I'm... who's payin'... who's payin' the fee on the criminal cases? 'Cause the state's attorney files the criminal cases. Are you suggesting that, I don't know, when a defense attorney... and I'm not trying to be... trick you up here, 115 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 but who pays that? Is that when a defendant files an appearance?"
"No, again, like your previous question, that's assessed against the defendant after a finding of guilty..."
"Okay."
"...in a criminal case."
"Now, is this... this fee increased on the cases we filed, it goes from 15 to 25, is that statewide?"
"Yes, it is."
"All right. And so it does include Cook County, as well?"
"No, I'm sorry. It does not include Cook County. I believe we did theirs possibly a couple of years ago."
"All right. And does this fee increase, the 15 to 25, go in automatically or does the county board have to enact that fee increase?"
"No, this increases it automatically."
"All right. And does that go into effect immediately or next year?"
"December 1 of this year."
"All right. What other fee increases, Representative, if any, are there in this Amendment? Yeah, in this Amendment?"
"The only other provision, Representative Cross, would allow for counties to do a cost study to determine the cost of living allowance, if you will, that could be added to certain fees so that the county doesn't have to come back to us each time to bring the fees up to meet inflation and other increased costs that they incur. They would be required to do a cost study. They could only do this once every five years."
"All right."
"And that is at the option of the county board." 116 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"All right. That was to be for future increases."
"That's right."
"Just out of curiosity, why wouldn't you have allowed or required the county board to do that cost study before you did the increase and let them take the... make the decision as to whether or not they need the increase from 15 to 25 dollars as opposed to us making that decision for each county? Why wouldn't you've just let the county boards make those decisions?"
"Well, that's only on the court services fee. I think it was the general feeling that there's a definite need for that fee to be increased. I don't think it has been since it was originally enacted into law."
"Representative Hannig in the Chair."
"All right. I don't have any other questions, Representative. Thank you very much."
"Thank you."
"Representative Franks."
"Thank you, Mr. Speaker. To the Bill. This Bill in my opinion just really socks it to the poor people again. What they're doing in this Bill is increasing court services fees for the initial filing of a civil case from $15 to $25. Already, if you don't know this, when you file a civil court case, at least in McHenry County, for the smallest of the small claims cases it costs you $69 before you have to pay the service fee to the sheriff which is about $30. So, before anybody can even get to the courthouse door, you're about a hundred dollars. This will increase the costs by over 10% for the small claims docket. So, poor people are going to be effectively locked out of the courthouse because they're gonna have to spend a hundred and ten dollars just to have their case heard. 117 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 This also's going to affect small business owners. Many small business owners are presented with checks that are returned due to nonsufficient funds. Many times they have to file small claim suits in order to receive their money. Now, small business owners are gonna have to think long and hard whether they want to risk another $110 to try to recover some of their losses. This is anti small business. This is anti poor person. I think it's just a rotten Bill. And I'd ask you to vote 'no'."
"Representative Black."
"Thank you very much, Mr. Speaker. First, an inquiry of the Chair, if I might."
"Yes, state your point."
"Yes. Has the Amendment to House Bill 4976 been adopted?"
Speaker Hannig: "Mr. Clerk, what is the status of this Bill on the Amendments?"
"Amendment #1 was adopted to the Bill in committee. No further Amendments have been adopted."
"Would the... could the Clerk enlighten me? I don't have whether it's a CA or a Floor Amendment. Is the LRB number, do you have the LRB on the Amendment?"
"Mr. Clerk."
"The LRB number on the Amendment that we have in the floor file, 9215077."
"Representative, the Clerk informs me it'll take a few minutes to get that, the LRB number."
"All right."
Speaker Hannig: "Did you want to debate the Bill in the meantime and we'll get back to you..."
"Yeah, I'm sure that..."
"...or do you want to pass on your speaking turn?" 118 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"That's fine. I'm sure that this Amendment is the one that's been adopted. Will the Sponsor yield?"
"He indicates he will."
"Representative, I... perhaps I've been here too long. I find that I might be on the same side of an issue with Representative Franks. Mark this down on your calendar. If the Amendment that I'm looking at is the one that's been adopted to the Bill, the title of the Bill on the board is not entirely accurate. This involves far more than fees that would accrue from the sheriff, correct?"
"Yes, Representative Black, that was the original Bill..."
"Right."
"...had only to do with the sheriffs' fees."
"So, the Bill as amended would permit a county board by ordinance to increase any, underline any, statutorily authorized fee and collect those increased fees from all persons and entities other than officers, agencies, departments and other instruments of the state, if an increase is justified by an acceptable cost study. So, this is, in effect, a... a carte blanch... carte blanch permission to a county board to raise any and all fees that they seem fit to do as long as the cost study shows that the fee isn't keeping pace with the expense of the service. Correct?"
"Well, you might interpret it that way. I think it's a good example of giving local control to our county boards to... they know what the fees are or what the costs are for the various services they provide, many of which are required by this Legislature and not funded. And that really is the purpose behind this. Rather than them coming to us every year or every two years, requiring an increase in the fee." 119 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Representative, I don't fundamentally disagree with you on that. I... I spent ten years on the county board and I have a great respect for people who do that. They have a very difficult job. But I've also been here long enough to know that sometimes when we step up to the plate and do the right thing, then when they raise the fee, guess what they say? Well, the State Legislature said to do it. They're sometimes less than truthful with people who come to them and say, well, why did you raise this fee. Well, the General Assembly raised it. And you're not saying, I don't want to misinterpret your Bill. You're not saying you have to raise it. You're just saying you can, by board action, raise it."
"Absolutely."
"And I'd probably feel differently if I could be convinced that they would step up and say we raised the fee, members of the county board raised the fee, because we feel it's necessary and vital to pay for these services. But I've been around so long I'm afraid too many of them will say, we didn't raise it, the General Assembly did."
"All right. I understand, Representative Black. I think that's a concern I've heard from a number of our colleagues here. And if there's some way we could add that provision to this Bill, I think that would be well-received."
"Well, maybe we could... maybe we could amend Representative Scully's Bill on its face and say that they can't say that in the State of Illinois or at least put it in a brochure or billboard. I don't know. I thank you. As always, Representative, you're forthright in your answers. I think you're carrying a Bill on behalf of counties that they... they think is necessary and vital. And I don't think I fundamentally disagree. I just think 120 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 that it may be overly broad in allowing them almost unfettered access to fee increases as long as a cost study would accompany the fee increase. So, I have some concerns about that, as amended. And... but I do... as always, you give honest answers and I appreciate that."
"Thank you."
"Represen... Representative Johnson."
"Will the Sponsor yield?"
"He indicates he will yield."
"Mike, I just have a couple of questions. Is this $10 fee in and out in terms of being committed to the county jails and so on? You know, we have a number of people who are committed to a county jail for a day, for two days and then released. They might even be put in there overnight for questioning. They might sit there and then the case is dismissed and they're innocent or whatever and they've spent the time. Are you saying that these people also are assessed their $10 fees? And I believe your Bill does that."
"Yes, we are saying that."
"Don't you see anything wrong with that? Wouldn't you at least want to... at least do some Amendment that where somebody is not either formally charged or is innocent that they are at least exempted at that point? You know we don't have the county ever reimburse somebody for wrongfully having them sit there. Why in the world wouldn't you at least create an exemption that if you've got an innocent person that has to spend a night in the jail until it's cleared up or whatever is not gonna get assessed with $20 charge? I mean, that's adding insult to injury, isn't it?"
"Well, Representative Johnson, I suppose you could make 121 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 that argument. The sheriffs would argue that they still have the expense of processing that person, regardless."
"Yeah. But isn't that a... that's kind of a red herring argument. Obviously, we have expense as government and we have expense as a society, you know, to enforce laws and so on. You know, we don't make every lawbreaker out there turn around and pay for the police officer that had to spend time on the street to go and arrest them. Why are we carving out an exemption here for even a potentially innocent person? I mean, that seems like at least a very reasonable sort of thing, that we're not gonna turn around and charge somebody 20 bucks because, oh, I'm sorry, I wrongfully brought you into the jail last night. That... that's crazy. No further comment."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Will the Gentleman yield?"
"He indicates he will yield."
"Thank you. Representative, can you tell me, once again, what is the purpose of this legislation?"
"Sure, Representative Flowers. Initially, this was brought to me by the Sheriffs' Association because the sheriff currently doesn't have the ability to collect any fee for their expenses in processing inmates into the county jail or discharging them. In addition, then the counties asked that their portions be included to address some of the other fees, the court services fee, and to allow them to be able to do cost studies without having to come to us to raise these fees. But I would also add, Representative Flowers, and maybe I didn't make this clear in my introduction, this does not apply to Cook County. Because we have dealt with those fees separately, in 122 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 previous years."
"Thank you, Representative. May... is it possible and well, just to the Bill. Representative, it's unfortunate that this type of legislation will come to the floor and let me tell you the reason why, the effect that it would have on poor people and on innocent people. You know, despite the fact that we tried very hard to make this a perfect world, it's not. And so therefore, there will be innocent people that will be falsely incarcerated and if they can't afford to pay for being falsely incarcerated, chances are they going to lose their job because they can't come up with the 10 or $15 to get out of jail. Can you explain to me what benefit would that serve an innocent person? And how do we ever make that wrong right?"
"Representative Flowers, I'm not sure I can explain that unless, you know, there could be a provision that... that the county would reimburse that individual. But..."
"But you know, there's certain things you can't be reimbursed for. The indignation of having to be humiliated about being falsely arrested in the first place. And then secondly, to have to pay for this. I don't think so. I don't think we should subject the people of the State of Illinois to this type of... to this type of fee increase. And would it not serve the counties... would it not be to the counties' benefit to have a quota set for a certain amount of people to be arrested for whatever reason in order to meet the quota since they know if we bring in 500 people, 500 people are gonna bring at least $10 a piece to this county. Do you see where this could go? Do you see the harm that it can cause? And when it come down to small businesses, can you imagine a small ma/pa store who's just trying to make ends meet and someone come along and write 123 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 them a bad check. The check was only for $50. But according to your legislation, it will cost them over a hundred and fifty dollars to try to get to the doors of the court for them to try to collect $50. It's... you're shutting them out. You're saying that if you can't come into court to get more than a thousand dollars or so, it's not to your benefit. It's a waste of your time. It's a waste of your money."
"Well, Representative Flowers, in that case, we're only increasing that fee by $10."
"That's not the point. Only $10 for a business person who's trying to legitimately collect a debt that he's owed. And where is it that you think you... we would say only $10 or merely a $10 bill, it could cause a hardship in the long run. To the Bill. Mr. Speaker and Ladies Gentlemen of the House. I think I have the utmost respect for the Sponsor of this legislation. I just happen to think that this is a bad piece of legislation. And I would urge your 'no' vote. Thank you."
"Representative Smith to close."
"Thank you, Mr. Speaker. Again, I would like to say that this is an initiative on behalf of the counties of the state and the Sheriffs' Association, the sheriffs of our state, to give them the ability to assess fees for those individuals in society who for whatever reason are a part of the criminal justice system, to help defray the costs that the sheriffs and counties incur in operating the jails and providing court security and other important court services. I would ask for a favorable Roll Call. Thank you."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have 124 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 17 voting 'yes', and 99 voting 'no'. And this Bill... Bill fails. Mr. Clerk, would you read House Bill 4157."
Clerk Bolin: "House Bill 4157, a Bill for an Act concerning community development financial institutions. Third Reading of this House Bill."
"Representative Schoenberg."
"Mr. Speaker..."
"Excuse me, excuse me, Representative."
"... I'm afraid that mob rule is about to break out here."
Speaker Hannig: "Representative Schoenberg. Representative Myers, for what reason do you rise?"
"Point of personal privilege, Mr. Speaker."
"Yes, state your point."
"I would like the Chairman to or the House to recognize a group of future leaders in the gallery today. They are excellent students from Western Illinois University enrolled in a class called Inside State Government as part of their honors college experience. They are down here today to witness the work of the people. And I think that we should give them the recognition that they deserve as future leaders. I'd like to have the class stand and the Body recognize them."
"Welcome to Springfield. And now, Representative Schoenberg."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 4157, which passed without opposition in committee previously, established... creates the Illinois Investment Development Authority, articulates 125 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 criteria for community development financial institutions such as: community development banks, community development loan funds, community developed credit unions, community developed venture capital investment, and micro enterprise loan programs. This essentially sets up a mechanism very similar to what we see now with the Illinois Facilities Fund so that these alternative... this provides alternative sources of providing credit for businesses and institutions for economic development projects in... in lower income areas that are generally thought of as too risky for a traditional bank or financial institution to take on in and of themselves. The Illinois Facilities Fund, as we know, couples public investment with private capital that's raised from participating banks in addition to contributions made from foundations and others in the nonprofit community. And this would allow for the expansion of this so we could have similar vehicles providing start-up capital and early-stage capital for economic development in the most economically depressed areas of the state. I would urge your favorable support of House Bill 4157."
Speaker Hannig: "Okay. This Bill's on the Order of Short Debate and on that question, Representative Black is recognized."
"Thank you very much, Mr. Speaker. An inquiry of the Chair."
"Yes, state your point."
"Floor Amendment #2, our records indicate that that is still in the Rules Committee. Are we correct on that?"
"Okay. Mr. Clerk, would you give us the status of the Amendments on this Bill."
Clerk Bolin: "Two Amendments have been filed to the Bill. They both remain in the Rules Committee, Floor Amendments 1 and 126 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 2."
"All right. Will the Sponsor yield then for a question as to the Amendments? Is it your... is it your intent to run the Bill without the Amendments you have filed?"
"Correct, Sir. Yes."
"All right. Will the... will the Gentleman yield for questions?"
"He indicates he'll yield."
"Thank you. Representative, I wanna make sure that I am not reading more into the beginning of the language of this Bill than I am. When it says it creates the Illinois Investment and Development Authority Act, on and on and on. Is this a new program, a new agency that you're creating?"
"Yes, because... yes. And it would have the power to enter into loans, contracts, and agreements that are connected to the expressed purposes that I just articulated. It would enable them to invest funds and according to the Public Funds Investment Act it would give them the power to employ or enter into contracts. It does not, however, have and I should emphasize this, it does not have power to levy taxes."
"And I appreciate that caveat, but... but going even further, this really creates a paper agency because there is no appropriation and you're not intending to file an appropriation Bill to create this entity. So, in effect, it's a paper entity with no money to lend. Correct?"
"This is an ent... this is an entity which enables the sec... which enables economic development, enterprises in lower income areas to benefit from the financing that this authority could obtain, but we would not be appropriating any dollars. As I indicated in my opening remarks, right now for example, with the Illinois 127 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Facilities Fund we have a com... we are us... we have a combination of public funds, nonprofit foundation money, and money from other private sources, as well as private capital from banks. Well, by establishing this mechanism, the authority would be able to issue paper which would be tied in directly to the activities of entities like the Facilities Fund. So there would be no public liability. If you're concerned about any appropriation, there would be none. If you're concerned about any liability to the state, there would be none of that either. You should think of the creation of this mechanism as a conduit for the traditional lenders who are participating and the other parties to obt... to issue bonds. And within the Bill, there's a governing structure to dictate the decision-making process of this and to set out the limitations of the authority's powers."
"All right. Representative, as always I thank you for your willingness to answer questions. Mr. Speaker, to the Bill."
"Representative Hartke in the Chair. To the Bill."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I joined with the Gentleman a few minutes ago on trying to clarify and put into statute the Rainy Day Fund and the Budget Stabilization Act, as he called it, I... and he and I were just talking. Financially, this state is in a crisis. I'm not sure that all of us on this House Floor today recognize and have accepted the fact of the seriousness of the financial difficulty this state is in. As of this morning, the best figures that I can gather, we are currently one billion 250 million dollars out of balance with less than eight weeks of a fiscal year. Many 128 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 of you on this floor have not been through this kind of a budget process. The Gentleman's idea has, I think, substantial merit, but I harken back to the Governor's budget message when he said, 'Do not create any new programs or agencies unless you are willing to show me how it will be funded.' And I know the Gentleman has said and I know him to be a man of his word, that he does not anticipate nor will he advance an appropriation Bill for this. And then, if the agency were created, it might seek private funding or funding from other sources in order to do its job. I cannot, however, in good conscience, vote to create a new agency at a time when the day of reckoning draws near. We are in a fiscal crisis the likes of which this state has not seen since the early '50s. I don't think it's a time to create any agency that is new, no matter how sound the premise may be 2,3,5,6,7 years from now. And... again if I'm the only 'no' vote I think you have to start saying that it's time instead of creating new agencies, we better figure out how we're gonna fund the ones we have and what priorities we're gonna make in the next seven and a half weeks, because this fiscal crisis is real and it's much worse than I think even any of us in our darkest moment wanted to believe a month ago. So, it's for that reason I'll be voting 'no'."
Speaker Hartke: "Further discussion? The Chair recognizes Representative Garrett."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor'll yield."
"Representative Schoenberg, is this allowing the state to create a new agency, does your Bill allow for that?"
"I presume that you're asking this in follow-up of the previous speaker and I think that if the pre... I think 129 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 if we look at what the authority does, the authority... what the authority will enable nonprofits to do is to be able to obtain financing in a way that is not directly related to the state because it sets up a quasi public entity and it also enables these nonprofits to benefit tremendously from opportun... from federal opportunities that are available. These nonprofits wouldn't be able to do it without setting up the larger entity to do it. So, this really sets up a conduit and I don't think you can view this as setting up... I respect the Gentleman's opinion, but I would strongly disagree with him in that this sets up a new part of the bureaucracy that we're ultimately gonna have a chance to fund. This new entity will enable nonprofits that we wanna help in the most underserved areas of the state access capital and financing that they're not capable of getting to right now."
"And Representative Schoenberg, is there currently a mechanism in place within any state agency that would allow for this process to happen?"
"There is not. Because this authority not only provides for opportunities to issue... issue bonds, but it also, like the Illinois Facilities Fund, the CDFIs would also be able to provide technical assistance for economic development and be able to provide grants, as well. What you... if you like the Illinois Facilities Fund and the work that they've done and I know that many people are enthusiastic about it, then you will love this because this enables them to further expand the work... the range of work that they're doing throughout the state."
"And Representative Schoenberg, is there any cost to the state whatsoever by creating this new mechanism?"
"No." 130 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"To the Bill. As somebody who represents two communities that are somewhat distressed, both North Chicago and Waukegan, I have tried for the last three years to find mechanisms and ways in which to help these communities. I welcome this opportunity to have another tool in which we can have access so our communities in our depressed areas of the state have every opportunity to grow and prosper, especially now more than ever when we are experiencing such a budget shortfall. I encourage my colleagues to support this Bill. I think it's one of the best Bills in regard to economic development that we will see this Session. Thank you."
"Further discussion? Representative Schoenberg to close."
"I urge your support for House Bill 4157. Thank you."
"The question is, 'Shall the House pass House Bill 4157?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 96 Members voting 'yes', 19 Members voting 'no', and 2 Members voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5627, Representative Simpson. Mr. Clerk, please read the Bill."
Clerk Bolin: "House Bill 5627, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Simpson, has been approved for consideration."
Speaker Hartke: "Mr. Clerk, read the Bill. Representative Simpson." 131 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Thank you, Mr. Speaker. This Bill belongs to Representative May, may she speak to it, please?"
"Chair recognizes Representative May for the Amendment."
"Yes, Mr. Speaker. This is not to be moved today. We have a new Amendment which we're filing and I'll ask Representative..."
"Take this Bill out of the record."
"Thank you."
Speaker Hartke: "Chair recognizes... House Bill 5015, Representative Winkel. Out of the record. House Bill 4255, Representative Wojcik. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 4255, a Bill for an Act concerning electrology. Third Reading of this House Bill."
"Representative Wojcik."
"Mr. Speaker, and Members of the House, Representative Black wasn't going to let me have the Bill. I'm having a bad day with Representative Black today. Anyway, House Bill 4255 creates an Electrologist Act to be administered by the Department of Professional Regulation. We debated this on the second Amendment that was put in. What this will do, it will allow electrologists to be licensed and I would ask for its favorable passage."
Speaker Hartke: "Is there any discussion on House Bill 4255? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4255?' 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 114 Members... 113 Members voting 'yes', 3 Members voting 'no', and 0 voting 'present'. And the House does 132 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 pass House Bill 4255. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4540, Representative Murphy. Mr. Clerk, please read the Bill."
"House Bill 4540, a Bill for an Act in relation to employment. Third Reading of this House Bill."
"Representative Murphy."
"Thank you, Mr. Speaker, Ladies, and Gentlemen of the House. House Bill 4540 was amended. Amendment #1 replaces the Bill, it is the Bill. And what Amendment #1 does is increase the minimum wages to $6.50 and that's for all people 18... 18 years old or older. And it will go into effect January of 203 (sic-2003). Be happy to answer any questions."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative Black."
"Yes, thank you very much, Mr. Speaker. How are you today?"
"I'm fine, thank you."
"Good to see you, thank you. Did that school get introduced? I was off the floor, I'm sorry."
Speaker Hartke: "No, they haven't showed up yet, but my son has showed up in the gallery if you'd like to introduce him."
"All right. That's fine. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, if I understand your Bill correctly it's your intent to decouple the State of Illinois from the Federal Minimum Wage, correct?"
"Well, we... we intend to go a step above of what they said because we think it's a... would help the economy here in Illinois and we'd like to take a step forward in terms of helping our citizens to stimulate the economy by raising 133 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 it to $6.50."
"I didn't ask you that..."
"Well..."
"... I just said it's your intent to decouple the minimum wage from Federal Law, correct?"
"My intention is to increase it from Federal Law where it's at now."
"Well, if you insist, all right. And that's going to give a shot in the arm to all Illinois businesses, correct?"
"Yes."
"I see."
"For people who earn the minimum wages and... and... they would have more money to spend and that would give a shot in the arm to the economy."
"Yes, yes, of course. So, if I'm a business owner and the State of Illinois decides that they're going to decouple from the Federal Minimum Wage, if I move my business to Wisconsin or Indiana or Iowa or Missouri or Kentucky or any of the states that border Illinois, I'm gonna save a lot of money on payroll costs, aren't I?"
"Well, it depends on what kind of business you're in, Representative. If you're in the retail business you'll probably earn more money in the State of Illinois if we... if this become law, because people have more money to spend and obviously, if you have more money to spend and you spend it, it's better than being in the state where you don't have as much money when if you're in the retail business."
"All right, that's an interesting concept. What economic study did that come from?"
"Well, it's just a..."
"Is that the University of Chicago or...?" 134 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Ya know... No, I think, Representative, it's just common sense."
"So, in other words, if I understand this correctly, we decouple from the Federal Minimum Wage. Businesses in Illinois suddenly will look to other states who did not decouple and could transfer their personnel costs to a state with a lower or the Federal Minimum Wage and in this highly competitive society don't think for a minute that that won't happen. Those businesses that stay in Illinois are suddenly gonna try and figure out how they can do the job with 10 workers rather than 20. Would that sound like a reasonable... a reasonable scenario to you?"
"Not to me, it doesn't. Because number one, Representative, you know the Federal Government just flirting around with raising the minimum wages anyway. I just said the State of Illinois along with 20 other states who have minimum wages higher than the Federal Government has, has not lost any business... I haven't read where they lost any businesses. I think we'd be just taking a step forward in initiating this. So, I don't think we'll lose any business at all, if anything we might gain some because people bring their business to the State of Illinois people will have more money to spend here. So, we might... we might enjoy from those bordering states that you speak of, of people bringing their businesses here."
"Well, that's an interesting economic theory, let me carry that forward. If... if an increase in the minimum wage by a dollar and some odd cents would be good for Illinois, then why don't we increase the minimum wage to $20 an hour, then we'd be 20 times better off. Right?"
"No, that's not right."
"Oh. Well, I must have missed something in your other 135 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 explanation."
"Well, you did..."
"So, if... if we decouple and only raise it from 5.15 to 6.50, that's good. But if we decouple and raise it from 5.15 to $20 an hour, that's bad?"
"Well, it's not... it's not just economics, it's not good common sense. What we saying is they need to make more, we're not going to the extent, Representative. Guess we could raise it to a hundred dollars an hour, I mean if... why 20?"
"Would that be better?"
"And I would not be for that, no.
"Oh. Well, it's an interesting concept. It comes up every year. Ya know, one of the... one of the great... Thank you very much, Representative. Mr. Speaker, to the Bill."
"To the Bill."
"One of the... one of the great things about the United States Constitution and our federalized form of government and what we call the United States of America is that on most items of commerce we tend to let the Federal Government set standards so that everybody is on the same field. I suppose the Gentleman may have a point that if you decouple from that Federal Statute and go your own way it might be good, it might look good on paper, it might even look good for a few months after you do it. But I think history has shown the wisdom of the founding fathers in saying in certain issues let the Federal Government set the floor, not the ceiling, but the floor. Now, I think it's worked fairly well for more than 200 years. So, we'll... we'll see what happens. I mean this is nothing new. I've seen this Bill every year for the last ten or 136 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 twelve. And ya know, who knows, maybe its time has come. But one of the realities of this world that we're in, whether we like it or not, it's a different world than I ever thought I would see when I was a younger lad. It's a highly competitive world and businesses today aren't bound by geographic boundaries, city limits, or county lines as they were 75 years ago. So, if we wanna go our own way, that's fine if the majority rules I'll do my best to follow. But I don't think this is a very good idea and I don't intend to vote for it."
"Representative Murphy to close."
"Thank you very much, Mr. Speaker. Let me just point out on a serious note, ya know, usually this Bill... it came up about ten years the previous speaker said. However, during those times, of course, we have increasingly called him here on this floor and other places and people have enjoyed increases and... but people who need it the most have not received anything. And so, ya know, I won't be doing any press releases or anything of that nature, any bulletins out. It's just a good thing to do for people and help people who can't help themselves. So, I would ask for a 'aye' vote. Thank you."
Speaker Hartke: "The question is, 'Shall the House pass House Bill 4540?' All those in favor will sign... 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 64 Members voting 'yes', 53 Members voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4235, Representative Winkel. Representative Winkel. Mr. Clerk, read the Bill." 137 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"House Bill 4235, a Bill for an Act concerning the Department of Human Services. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Winkel, has been approved for consideration."
"Representative Winkel."
"Thank you, Mr. Speaker. Floor Amendment #1 removes a provision requiring the department to compile and maintain information on the number of individuals waiting for services of intermediate care facilities for the developmentally disabled. The Amendment also adds provisions requiring the department to give consideration to the cost effective appropriate care for individuals in the collection and maintenance of this information, as well as, a provision requiring the department to make this information available to other agencies serving individuals with developmental disabilities upon request. I'd be glad to answer any questions."
"Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 4235?' All in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 5793, Representative O'Brien. Mary Kay O'Brien. Take that temporarily out of the record. House Bill 4941, Representative Winters. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 4941, the Bill's been read a second time, previously... the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, 138 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 offered by Representative Winters, has been approved for consideration."
"Representative Winters on the Amendment."
"The Amendment basically changes the title from transport resources for innovative projects to an inner agency coordinating committee on transportation. And has a couple of technical changes that adds three Representatives to this coordinating council. That's the basic premise of the Amendment."
"Is there any discussion on the Floor Amendment? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 4941?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 4067, Representative Novak. Out of the record. House Bill 5793, Representative O'Brien. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 5793, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments. No motions filed."
Speaker Hartke: "Third Reading. Representative O'Brien, you ready to call it on Third Reading? Mr. Clerk, has the Bill been read in a third time?"
Clerk Bolin: "House Bill 5793, a Bill for an Act concerning agriculture. Third Reading of this House Bill."
"Representative O'Brien."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This Bill would provide criminal protection for owners of animal research facilities. The genesis of the Bill actually did come from the Cook County State's 139 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Attorneys Office but it got the support of many downstate Members when we figured out that it was actually helping animal research facilities and not harming them, which is a little unusual sometimes for Bills that come from the State's Attorneys Office. And what it would do is it prohibits intentional damage to a business conducted in an animal facility or intentional damage to property there requiring... or exercising control. If somebody came in and took over control of such a facility or hiding within a facility to commit an act prohibited by this law and if the owner suffers damage, he can bring a private cause of action to recover three times the amount of all actual and consequential damages, all court costs and reasonable attorneys' fees. And all prohibitions can be consented to by the owner so, there is an 'opt out' clause. And I'd be happy to answer any questions if I can and urge an 'aye' vote."
"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 5793?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 5870, Representative Righter. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 5870, a Bill for an Act in relation to public health. Third Reading of this House Bill."
"Representative Righter."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the 140 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 House. Presenting for your consideration House Bill 5870 which would require the Illinois Department of Public Health begin and expand a newborn screening program no later than July 1 of this year. I want to thank the Illinois Department of Public Health as long... as well as, the Sponsors listed on the board and the Members of the House Human Services Committee for their cooperation in moving this Bill along and achieving something that I think will be very important for Illinois families and their children for years to come. I'd be happy to answer any questions."
"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 5870?' All those in favor will vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 6013, Representative May. Mr. Clerk, read the Bill."
"House Bill 6013, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative May, has been approved for consideration."
"Representative May."
"Yes, Mr. Speaker, Ladies, and Gentlemen of the House. This..."
"Shhh."
"... the Amendment was approved yesterday..."
"Please."
"... in committee by a vote of 7 voting 'aye'. This is the 141 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Wetlands Protection Act. There was a Supreme Court decision a year ago in January saying that the Army Corps of Engineers no longer had jurisdiction over isolated wetlands in the state, leaving a void. So, this creates an Act to fill that void. The Army Corps of Engineers in the Chicago area alone noted that there were 262 applications for... for permits where they had no jurisdiction. That averages one every business day in the Chicago area alone and there are five regions of the Army Corps in the state. In one instance, at least there was a habitat for an endangered species. Wetlands as you know provide storm water management functions. They filter out dangerous pollutants. They replenish our water supplies, and they provide habitat and recreational open space, beauty and the quality of life for our... for people of this state. We have a problem, after this Supreme Court decision, and now we have a solution. We've worked together with hearings over the past year and had many meetings to talk about the... addressing the concerns. The Amendment actually addresses concerns that were brought up in meetings here in Springfield and Chicago. I want to make very clear that House Bill 6013 excludes agriculture... absolutely, positively excludes all agriculture and prior converted wetlands. It provides time frames for prompt decisions that can be made. It gives permitting authority to the Department of Natural Resources, the agency that has the expertise and currently has the authority for state projects under the Interagency Wetlands Act. It creates state standards and creates... fills this void but does not give new authorities that are not already there under the Federal Clean Water Act or the County Code."
Speaker Hartke: "Is there any discussion? Chair recognizes 142 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Representative Righter."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Now, Representative May, can you go through with me what changes are being made in the Amendment as opposed to what the underlying 6013 has in it?"
"Okay. You just wanna know the differences?"
"Yes."
"Okay. Yes. This really is a very comprehensive Amendment and that's why it becomes the Bill. We were addressing concerns. It strikes the entire Section that allowed delegating authority to counties under specified conditions. We didn't want to expand county authority so, all of the language about counties were taken out that... as far as expanding that. It deletes the section about criminal penalties, because the Department of Agriculture had requested that. It maintains certain civil penalties. It extended a date when... whereby the Pollution Control Board would itself adopt rules because the original date we had they said that they needed more time. It... yes, and it made very clear because people were concerned about, ya know, this is a very complicated subject, so it made clear that we would use the 1987 Army Corps of Engineers' manual in addressing some of the things as far as general or expedited permits."
"Okay. Now, I have a... I have just in front of me, Representative May, a copy of the original Bill, and in looking through it I did not find a definition for and I think the term we're looking for is 'isolated wetlands', is that right? Is that the term you used in presenting?"
"Yes, it's wetlands and what we've done is crafted it so it fills in the gap. The... there is a definition of 143 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 'wetlands' on page 3 of the Bill. And by ... by referencing the Army Corps, in other words, the Army Corps still has jurisdiction over the navigable waterways and this fills in the gap there for the isolated ones. In other words, what the Army Corps is not regulating. If you go to the Army Corps and they have no jurisdiction, then you come to DNR."
"So... so... does the Amendment then... that's... is that how the Amendment distinguishes, or the Bill now if it's adopted, distinguish between what will be regulated by the US Army Corps of Engineers and what would be regulated by DNR under this is what's a navigable waterway and what is not?"
"It... it doesn't add any new language, in other words, we can't tell the Federal Government what to do. I mean, it would be great I suppose, but it really just allows them... allows there definition to stand. And we did it this way because there was a court decision that changed it, so this way we don't have to change the state statute every time the Federal Government changes its mind, too."
"Okay. Then... but if it's not defined in the statute then how will DNR know exactly what wetlands it's supposed to regulate and which ones it is not?"
"It uses the 1987 Corps' manual for the sake of consistency with the Federal Government."
"Is the 1987 Cor... Army Corps of Engineer manual referenced in the Amendment?"
"Yes, it is."
"Okay."
"Very specifically, Section 12, on page 3."
"Okay. All right."
"And that was in addition to the Amendment because of some 144 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 discussion on that..."
"Okay."
"... so, we have addressed that."
"Okay. And two other quick points, Representative May, 'cause I would hope to discuss this a little more with you on Thirds. First, you reference the ability of counties to regulate wetlands and you're saying in the underlying Bill it would've actually expanded their authority to do so and in the Amendment that expansion has been removed. But are counties still able to regulate, even under Amendment 1?"
"The a... the Amendment makes clear that if a county has a program in place that is overall equally protective that DNR could allow them permitting and they would just get a general permit. Ya know, a general permit is like expedated... expedited or fast tracked. We were very careful to not create multiple levels."
"Okay. If it's equally protective, what if it is more protective?"
"That would be... I mean, that would be fine, but that would be up to DNR. We just..."
"Okay. Now..."
"... we wanted to make sure that there was that sort of base level of protection throughout the state."
"Okay. Now... and it's not... counties don't have to already have a system in place now under this Amendment in order to be able to do it. If this were to become law, counties that previously did not regulate certain wetlands or counties that did but not with new wetlands, they could still come in and do that with DNR's permission, is that right?"
"That's only if they are given that authority under the Counties Code." 145 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Okay. The last question is, there was some original fee language in the underlying Bill that required the fee be set payment to DNR at a thousand dollars an acre. And that language has been removed?"
"Yes, we... the new Amendment and the Bill will then call for the fees to be set in rule making."
"Is there any language in the Bill that sets forth any limit at all on what the fee can... by DNR can be imposed, at what level?"
"No, it does not."
"Is there any guidance at all in the Bill about... to DNR about what might be a reasonable fee, at all?"
"We would expect that it would cover some of the cost of the regulation and certainly, in the rule making all of the regulated industries as they have been... as I've invited them to be part of the discussions, would be at the table also."
"Okay, but I wanna make sure that according to Amendment 1 this Body... the General Assembly as a whole and the Governor are not going to, as a Body, deliberate on what the fee will be. That will be up to DNR, is that right?"
"It will be up to rule making. So, I guess the Members of... so the Members of... Okay."
"Okay."
"JCAR, JCAR and DNR. Yes, as part of the rule making. We will not say whether it's a dollar an acre or a thousand dollars an acre. That's correct."
"Okay. That's all the questions I have. Thank you, Mr. Speaker."
Speaker Hartke: "Further discussion? Chair recognizes the Gentlemen from JoDaviess, Mr. Lawfer."
"Thank you, Mr. Chairman. Will the Sponsor yield?" 146 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Sponsor will yield."
"Representative, you exempt all farming activities, I believe, in Section #70. Is that correct?"
"That is correct."
"Would that also include livestock operations? I don't see that specifically mentioned. You talk about tilling the ground, and so on. How would this affect livestock operations?"
"The Amendment changes nothing relating to agriculture."
"One of the activities in agriculture is the construction and maintenance of drainage ditches. Does that... the construction of drainage ditches exempt also from this?"
"It... they're exempt."
"They are exempt? The construction of drainage ditches are exempt?"
"I'm... Pardon me, the maintenance is."
"But... but... but it would not allow any construction? I'm referring to line 9 on page 13."
"You can get a permit, it's just not exempt from the requirements. So, you could get a permit."
"A permit would be required from DNR then for construction? Is that correct?"
"But not for maintenance."
"But maintenance would not require a...? Okay. There seems to be some opposition from the Illinois Farm Bureau. Could you relate to why? I know you've had discussions and they've been involved in the hearings. Could you relate some of their concerns?"
"I had a little trouble hearing the question. It was about the Farm Bureau."
"What were the concerns of the Illinois Farm Bureau at the hearings?" 147 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Ya know, it's very hard to speak for the Farm Bureau. I... I did discuss some very, you know, early on, not necessarily with the Amendment, I believe, but the original Bill. I made it very clear and I want to make it very clear to... that all normal farming activities, civi-culture and all are excluded. Believe that they were concerned that a family farm, if they were wanting to sell it, that perhaps someone... they might, ya know, stop the broad base of the people who might be interested or people might be afraid of regulation or something. But absolutely all farming activity is excluded. I think that that is... I think that that is fair, in other words, when you get to an urbanized area certain normal laws, such as zoning and all, all take effect."
"Thank you very much, Representative. I think you just mentioned a term that probably relates to my concerns on this legislation, is that this is a... whether you be in an urban or a rural area you have different concerns, you have different definitions in regards to how this legislation would impact that area. And so, I appreciate discussing this with you and you've been very outright and so on. I do have some concerns about that and... but maybe we can address those at a later time. Thank you."
Speaker Hartke: "Further discussion? Chair recognizes Representative Parke. Mr. Parke."
"Thank you, Mr. Speaker, Members of the House. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, I have a couple questions related that you may have already mentioned, but I... it's so difficult to hear with the noise in here. On the thousand dollar per acre permit fee, it says it's replaced by... that the 148 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Department of Natural Resources will establish a permit application and then the fees are to be decided by who?"
"JCAR rule making process."
"So, JCAR will make a recommendation back to DNR or to the General Assembly?"
"The Pollution Control Board would be involved in it also, and they sat in on our meetings and said that they would, ya know, be working on this right away if we get them the..."
"Representative, you're extremely fortunate to have two very fine staff people working with you on this. Does this remove the opposition of major groups... major business groups in the state now that you've amended this and addressed some of their concerns? Have you removed their opposition?"
"I don't belive so."
"Okay."
"I have addressed as best I can through listening to them through hearings throughout the summer and through sessions that Members of the... both sides of the aisle sat in on have tried to address them as best we can. But because of the urgent nature of the permits that are now being uncovered, I believe we need to move forward."
"Okay. One of the issues that was... somebody locally from my area, that I've respected, that's involved in environmental issues, Mr. Patterson and I talked outside on the rail this afternoon about your Bill. And one of the concerns that I have was the definition of what is a 'wetland'... what is an 'isolated wetland'? And that is something that... and it's his understanding that... that... that's still to be determined that to some degree... that... well, that's... excuse me, that's not his 149 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 concept. He believes that it will be established, eventually. What is your opinion of how do we come to the definition of what is an 'isolated wetland'?"
"Yes, the... the definition of a 'wetland' is listed on page 3 and right beneath it is what makes it clear that if... if the Army Corps covers it, ya know, whatever the Army Corps does not cover then becomes an isolated wetland. We're making it seamless with what is going on with the Federal Government and the Army Corps."
"Is it your intention... there are some municipal governments that have gotten waivers for projects that they're working on from the Army Corps that are concerned that if this Bill passes as it's proposed that it will require them to go back and go through the whole process again. Is there any grandfathering involved in your legislation for those that have not... have gotten some kind of an agreement or a waiver or a carve out to proceed with some kind of development within the municipal boundaries? Is there any kind of a provision in there that once they've gotten that okay that they can keep it, or it is in your intent under this Bill that everybody must go back and reestablish themselves under the new legislation?"
"That is not the intent at all. If a waiver has been granted it will stand."
"Say that one more time."
"If a waiver has been granted it will stand."
"Okay. No mat... is there..."
"On specif..."
"... no matter how long it takes them to develop that site or that building project or whatever it is? Is that then your intent... is that legislative intent?"
"There is no retroactive application and nothing in this 150 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill affects the activities of the Corps."
"All right. Thank you for expla..."
Speaker Hartke: "Further discussion? The Chair recognizes Representative Leitch."
"Thank you very much, Mr. Speaker. Will the Lady yield?"
"The Lady will yield."
"Would you please tell me again what an 'isolated wetland' is?"
"Very simply, an 'isolated wetland', as defined by this Bill, would be a Bill that is not covered by the Army Corps of Engineers, the Supreme Court made it very clear."
"Would it, for example, be a low spot in a campground?"
"If it meets the definition of a 'wetland' on page 3."
"Well, I'll tell you, not to take a lot of time of the House, but I'll tell you why I'm asking these questions and that's because I had a constituent who is attempting to do a favor at the request of the Izaak Walton League. They asked him to even out a bit of low ground so that they could expand their campground and have better use of a parking lot. And he wound up having to defend his business because he was damn near fined out of business by the EPA because he didn't have a permit. And it's that kind of issue that bites so many of our constituents when they are attempting to work reputably, work within in the law, in this case, do a favor to an environmental organization. And yet in this Bill, I don't see any means by which that type of an individual can go get easy access to some kind of justice. Yeah, you can go hire a lawyer, you can go spend your time running back and forth arguing with the department. You can spend your time arguing with the bureaucrats, but at the end of the day a small business guy is out a whole bunch of money over very vague, unclear 151 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 rules, regulations, and rules and regulations that are not even proposed in the legislation. My concern is we're gonna leave this up to the rule making process and Lord knows, would it not make a lot of sense to at the same time put a provision in here so that in these instances of common sense that we can get some sort of relief, some sort of place for our constituents to go without having to make a federal case out of it?"
"There are provisions for general permits for some of these commonsense cases and that, as I said, is an expedited process. But we're... we're not changing... we cannot change what the Army Corps of Engineers does. All we can do is in the cases that are isolated. But there are many provisions, I believe, ya know, for general permits that expedite a permit."
"Well, to the Bill. I think it is..."
"To the Bill."
"... Bills like this one and then a whole raft of others that urgently need some clarification both with respect... and not just regulation by rule. If it's important enough to do, and I agree our wetlands need to be protected, it's important enough to codify what's going on here and above all else, provide some mechanisms for commonsense relief to the constituents who happen to fall into some kind of bureaucratic nightmare as a result of this kind of a measure. So, I appreciate what you're trying to do here, but I think it needs a lot more work. Thank you."
"Representative May to close on the Amendment."
"Yes, Mr. Speaker. With this Amendment, which is very comprehensive, we've addressed many of the concerns that have come forward. And I do believe that because of the lack of jurisdiction throughout the state that we need to 152 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 act now and this Amendment addresses a lot of those concerns."
Speaker Hartke: "The question is, 'Shall the House adopt Floor Amendment #1 to House Bill 6013?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
Clerk Bolin: "No further Amendments. Several notes have been requested on the Bill as amended, and the notes have not been filed."
Speaker Hartke: "The Bill will remain on Second Reading. Yes, Sir. Mr. Black."
"Mr. Speaker, an inquiry of the Chair."
"Yes."
"How's your hearing?"
"My hearing is fine."
"We could get somebody to fill in for you. I'll take you downstairs and perhaps one of the massage therapists can do something to your ears."
"Oh, Mr. Black..."
"Are you sure you heard correctly?"
"... Mr. Black..."
"What?"
Speaker Hartke: "... most of the 'noes' were on this side and there were more people on this side of the aisle than on that side, therefore..."
"Ya know, that's one of the most honest explanations for getting the shaft around here I've ever heard. I'll defer to you on that one."
Speaker Hartke: "You're welcome. 58... House Bill 5874, Representative Kosel. Mr. Clerk, read the Bill."
"House Bill 5874, the Bill's been read a second 153 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Kosel, has been approved for consideration."
"Representative Kosel on the Amendment."
"Yes, I would move for the adoption of Amendment #1 to 5874. The original Bill is a Bill providing that sex offenders may not knowingly reside within 500 feet of the victim of their offense. This adds 'til the age of 21 to the Bill. And I would move for its adoption."
Speaker Hartke: "Is there any discussion on the Amendment? The question is, 'Shall the House adopt Floor Amendment #1 to House Bill 5874?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 4506. Mr. Clerk, what is the status of that Bill?"
Clerk Bolin: "House Bill 4506 is on the Order of House Bills-Second Reading."
"Mr. Clerk, read the Bill."
"House Bill 4506, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative John... by Representative Shirley Jones, has been approved for consideration."
"Representative Jones on the Amendment." Jones, S.: "On House Bill 4506... do we have a fiscal note on that?"
"Do the Amendment." Jones, S.: "Okay. On House Bill 4506, the original Bill is a shell amending the Chicago Teachers' Article of the Pension 154 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Code. House Amendment 1 adds several pension provisions agreed to by the Chicago Board of Education, Chicago Teachers Union, and the Chicago Teachers Retirement System. I ask for your favorable vote."
"Is there any discussion on the Amendment? The question is, 'Shall the House adopt Amendment #2 to House Bill 4506?' All in favor signify by saying 'aye'; opposed 'no'. Opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Mr. Black, you have an inquiry."
"Yeah, thank you very much, Mr. Speaker. Inquiry of the Chair."
"State your inquiry."
"Would the Clerk enlighten us as to whether or not the fiscal note requested has been filed?"
"Mr. Clerk."
"Both the fiscal and pension impact note have been filed to the Bill."
"The fiscal note was filed by what agency?"
"Mr. Clerk."
Clerk Bolin: "The fiscal note was filed by the Public School Teachers Pension and Retirement Fund of Chicago."
"My inquiry of the Chair continues, Mr. Speaker. I don't believe a fiscal note can be filed by the Chicago Pension System to satisfy the rules of the House."
"Is that a question of the Clerk?"
"Well, yes it is. I... I... I... unless I've missed something over the last several years, I thought fiscal notes had to be filed by the applicable state agency. I mean, I can bring in a fiscal note from almost anybody back in my district. I don't think that meets the requirements 155 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 of fiscal note."
"Very good question, Mr. Black. We're checking on things."
"Thank you, Mr. Speaker. And I'm glad to see your hearing has returned."
Speaker Hartke: "Excuse me? Mr. Black, this may take a little more... more time than we thought. Let's take this Bill out of the record and we'll try to get back..."
"Thank you very much."
Speaker Hartke: "... to the... House Bill 4343, Representative Parke. Terry Parke. Out of the record. House Bill 5840, Representative Lou Jones. Representative Jones. Representative Lou Jones. Out of the record. House Bill 5851, Representative Novak. Phil Novak. Out of the record. House Bill 5647, Representative Lindner. Patricia Lindner. House Bill 5647. Mr, Clerk, read the Bill, please."
"House Bill 5647, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 5647, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Representative Lindner."
"Yes, this Bill just simply makes the amount of time required for registration before an election the same in all of Illinois. It was different in several different counties and this makes it the same, the twenty-eighth day before."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall... Representative Giles, under the wire." 156 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Thank you, Mr. Speaker. Will the Lady yield for a question?"
"The Lady will yield for a question."
"Once again, I apologize not being on top of this issue, but what is the genesis of moving registered voters vote up until the twenty-eighth day before the election? Why twenty... the twenty-eighth day, I think, currently the law states, is it 30 days prior to an election, the registration period is up?"
"This came from the State Board of Elections who just wanted to make it uniform throughout the state."
"Mr. Speaker, I couldn't hear the response."
"It came from the State Board of Elections who wanted to make it... Calvin... uniform throughout the state."
"Okay. Wanna make it uniform with the... Representative Lindner, is this applicable to a county? Is this applicable to Cook County?"
"Applicable to who?"
"Is this for the whole state?"
"Yes, for the entire state."
"Is there any opposition to this legislation?"
"No. No opposition."
"Thank you, Mr. Speaker."
"Further discussion? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 5647?' 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 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared 157 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 passed. House Bill 5851, Representative Novak. Mr. Clerk, please read the Bill."
Clerk Bolin: "House Bill 5851, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #3, offered by Representative Novak, has been approved for consideration."
"Representative Novak on Amendment #3."
"Yes, Mr. Speaker. I think we need to table Amendment #1. No?"
"Do you withdraw your request?"
"Well, our staff indicates that #1 and #2 need to be tabled, #3 is the Bill. If there's some confusion there then I'll... I'll yield to the parliamentarian. Okay, Mr. Speaker, that's cleared up."
"It's perfectly clear?"
"Yes. Just like your ears."
"Amendment #3."
"Just like your ears, Mr. Speaker, perfectly clear."
"Thank you."
"Yes, House Amendment #3 to House Bill 5851 clarifies the... it's a mission of a new separation plan for utilities will supersede previously approved plans subject to commissions, the ICC's approval. This language reflects the intent that utilities have a right to file a revised plan, but they do not have the right to have that plan automatically supersede any plan previously approved by the ICC. Furthermore, this language conforms more closely to ICC existing rules. Just let me explain, I know it sounded pretty technical. But when we passed the deregulation law in 1997, we did not require utilities, electric utilities, in the State of Illinois to, what we commonly refer to as functionally separate. Functional separation means 158 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 separating the corporation, the entity into transmission and distribution, generation and marketing into separate corporations, although they are affiliates of the parent corporation. We did not require them to do that like what was required in the State of California. Subsequent to the implementation of the Electric Deregulation Law, the commission did a ruling... a rule making allowing utilities to functionally separate. CILCO, Central Illinois Light Company, one of the incumbent utilities that's based in Peoria, a homegrown utility, was subsequently purchased by a company called AES out of Virginia. Because AES bought another utility in Indianapolis, under the Federal Act they have to divest themselves of CILCO. Now, CILCO has to be sold. CILCO is in the process of being sold. A buyer has not been announced yet, but there is a short list and sometime soon that purchaser will be announced and that sale will be approved by the appropriate entities. What CILCO corporation wants and what even, ya know, the indust... the Illinois Energy Association is interested in this Bill is that should any other utility, including CILCO, want to refile a plan to functionally separate that they have the ability and flexibility to perform this plan in a manner that fits their local needs. The Commerce Commission sat down, we worked out these little nuances. They will conform to the rule making that was done. So, that's essentially what this does. And I ask for the Amendment to be adopted to House Bill 5851."
Speaker Hartke: "There any discussion? Seeing no one's seeking recognition, the question is, 'Shall the House adopt Floor Amendment #3 to House Bill 5851?' All those in favor signify by saying 'aye'; opposed... Opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further 159 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Amendments?"
"No further Amendments."
Speaker Hartke: "Third Reading. House Bill 5695, Representative Kurtz. Mr. Clerk, please read the Bill."
"House Bill 5695, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 5695, a Bill for an Act in relation to children. Third Reading of this House Bill."
"Representative Kurtz on 5695."
"56... Mr. Chairman, Members of the Assembly. This Bill... House Bill 5695 provides that a parent's child support obligation shall be extended to include a child under age 19 who is still attending high school. The obligation ends on the day of high school graduation."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, this law says... your proposal, as I understand it, says that a child support obligation shall be extended automatically to include a child under age 19 who is still attending high school."
"That's correct."
"Okay. Can you... can you... Is that good public policy? I was always under the impression that the court order should establish when that child support would end, rather than a State Law. Are we doing something here that takes away the sanctity, for lack of a better word, of a court order in such... in such devices?" 160 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"I think this eliminates a lot of paperwork if the child is still in school there's no need to have a conference or protest..."
"Well, I can understand that. Okay. Thank you very much."
"This legislation..."
"Representative Lang in the Chair. Go ahead."
"This legislation was passed unanimously last year and the Sponsor was Representative Wojcik. I would request that you approve this Bill."
"On a Third Reading Roll Call, Representative Kurtz moves for the passage of House Bill 5695. Those in favor will vote 'aye'; those opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 113 voting 'yes', 0 voting... 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, could you tell us the status of House Bill 5004, please."
"House Bill 5004, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 5004, a Bill for an Act in relation to crime victims. Third Reading of this House Bill."
"Representative Kurtz."
"Thank you, Mr. Speaker, Ladies, and Gentlemen. House Bill 5004 requires the Prisoner Review Board to establish a toll-free number that may be accessed by the victim of domestic violence or sexual assault to present information for consideration by the board to the parole hearing of the person who committed the crime against the victim." 161 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Lady moves for the passage of House Bill 5004. No one seeking recognition. Third Reading Roll Call. Those in favor will vote 'aye'; those opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, 118 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, House Bill 4343. Please tell us the status."
Clerk Rossi: "House Bill 4343 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Please read the Bill."
"House Bill 4343, a Bill for an Act concerning public community colleges. Third Reading of this House Bill."
"Mr. Parke."
"Thank you, Mr. Speaker. This Bill is for the community college system. It affects the Procurement Act to permit community college to enter into purchasing arrangements with intrastate or interstate governmental consortiums. I would ask the Body to approve this legislation."
"Representative Erwin."
"Thank you, Speaker. I rise in strong support of House Bill 4343. We do have some experience with this model. The Midwest Higher Education Commission currently has interstate compacts that public... actually public and private universities enter into for insurance, for technology, there's all sorts of sort of buying consortia. I think it's a great idea. It's a way to stretch limited public dollars and I would urge your support."
"There being no further discussion, Third Reading 162 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Roll Call. House Bill 4343. All those in favor will vote 'aye'; those oppote 'no'... opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, 108 voting 'yes', 0 voting... 8 voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Hartke in the Chair."
Speaker Hartke: "House Bill 4506, Representative Jones. Mr. Clerk, read the Bill."
"House Bill 4506 has been read a second time, previously. The Bill was held on the Order of Second Reading, pending the filing of a fiscal note."
"Miss Jones on your notion... Motion." Jones, S.: "Yes, Mr. Speaker, of the fiscal note is not required."
Speaker Hartke: "Motion is to... Motion is that the fiscal note is inapplicable. Mr. Black, on the Motion."
"Yeah, thank you very much, Mr. Speaker. If the Sponsor could... I... we're willing to work with her, but if she could explain in a little greater detail, why would the fiscal note not be applicable on a pension Bill? I mean, that's the question we have and it isn't designed to be a harassment question. Most pension Bills have a fiscal impact. If there's something we're not seeing here, perhaps the Lady could enlighten us." Jones, S.: "If they file a pension impact then that will be appropriate."
"Mr. Black."
"All right. I'm not sure that I... didn't shed any light on the issue as far as I'm concerned. It may have... it may have as far as she's concerned. Well, Mr. Speaker, I 163 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 don't know how to get to the answers that we would seek on the fiscal note request other than by asking the Sponsor questions and that... that really she doesn't have to answer any questions, because she's just dealing with the fiscal note. So, if the Chair would grant and the Sponsor would grant, perhaps we could just ask her two or three questions and maybe... maybe get a... get an answer to as whether or not the fiscal note would be applicable?"
"Mr. Black, that is out of order."
"Well, all right..."
Speaker Hartke: "The Motion is that the fiscal note be ruled inapplicable. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 61 'ayes', 56 'noes', and 1 'present'. And the note has been ruled inapplicable. Third Reading. House Bill 4369, Representative Hamos."
"House Bill 4369, a Bill for an Act in relation to mental health. Third Reading of this House Bill."
"Representative Hamos."
"Thank you, Mr. Speaker, and Ladies and Gentlemen. This is called the Olmstead... MI Olmstead Initiative of 2002. This is... we've heard a lot about Olmstead in this Body and I think we are all very committed to making it work. And to just remind us what Olmstead really stands for is the proposition that persons with disabilities have the right if they are able and if they so chose to live in the least restrictive environment in the community. We have talked about Olmstead, we have committees that look at Olmstead, but we have never found a fiscally responsible way to make it work. And I believe that this Bill begins 164 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 to do that. This Bill looks at a specific kind of nursing home in Illinois called an IMD, institution for mental disease, which under our current system it does not qualify at all for federal Medicaid match for the population of mentally ill people who are adults, 22-64. That means that for the 4 thousand people who live in these 29 nursing homes, IMDs, we do not qualify for federal Medicaid match and the total amount we spend in Illinois is a hundred sixty-one million dollars. This Bill suggests that on a very reasonable long-term basis over five years if we can assist 200 persons with mental illness to move from these IMDs into the community we not only will be fulfilling the goals of Olmstead, but also saving money by being able to draw down federal Medicaid match. And that's what makes this Bill possible even in this fiscal climate. Now, there's no fiscal impact this year because it really would take a year to begin this transitioning process. But that's all this Bill provides, it's the beginning of a plan for helping to move persons with mental illness from nursing homes into community settings. And I'm available for questions and would ask for your 'aye'... 'aye' vote."
Speaker Hartke: "On House Bill 4369, is there any discussion? Chair recognizes Representative Lyons." Lyons, E.: "Thank you, Mr. Speaker. I rise in strong support of this legislation."
"Okay." Lyons, E.: "It not... it not only is a Bill that complies with the Olmstead decision, but it is a more cost effective way of Illinois doing business. But more importantly, I think Illinois has been delinquent in accessing federal funds and this is yet another benefit of this Bill. And I really commend the Sponsor of the Bill for all the work that she's 165 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 put into this in investigating the best way that Illinois's dollars can be spent and the best quality care that our mental ill... mentally ill patients can get. They... we all know that their institutionalized care is more expensive and is more cost efficient and as I said before, complies with the Olmstead decision. But again, more importantly, we will be accessing federal money which in this state we are not very aggressive in doing. And I would ask that the Body support this Bill. Thank you."
"Representative Bellock."
"To the Bill."
"To the Bill."
"I just wanted to speak in support of this Bill also, after serving on the Mental Health Committee for a couple of years. I think this is a major initiative for good public policy in Illinois to understand the Olmstead decision and the quality of life for the people who are mentally ill to be moved out of these nursing homes and into community settings or other nursing homes where they can get better services for the mentally ill, and also to access Medicaid funding. So, I encourage your support. Thank you."
"Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. I rise in strong support... strong support..."
"Thank you. Chair recognizes..."
"... of the Representative's right to have called this Bill two weeks ago. She got caught up in some priority system that was implemented without her knowledge, or for that matter, my knowledge. This Bill should've been on its way to the Governor's Office by now. Her own side of the aisle denied her inalienable right to call this Bill when 166 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the issue was at its peak and that was two weeks ago. So, better late than never. Let it be said, Representative, those of us on this side of the aisle, you see who's gotten up and spoken in favor, not only of this Bill, but of your right to have been able to call it two weeks ago. And shame on you, Mr. Speaker, for this unconscionable delay."
"Thank you, Mr. Black. Representative Morrow."
"Thank you, Mr. Speaker. Will the Lady... will the Lady yield?"
"Lady will yield."
"Representative Hamos... Hamos, I'm not against this Bill, but I wish I had... and it's my fault that I didn't know the gist of this Bill. But I wish we had put some language in this legislation that when someone wants to open up a CILA in someone's community, that they not only sit down with community leaders to show what kind of impact the CILA's gonna have on the community, but when they're gonna introduce a CILA where you're gonna have school-aged children and where you have a situation where they wanna locate into an area where they're already overcrowded with their school system, that that should be taken into account. And I'm not gonna mention the community group that tried to just bull steer a CILA into my district, fortunately we were able to resist it. I didn't wanna really oppose it, because I'm all in favor of CILAs. But it would've... it would've created an even more burden on the educational system in my district if we had let this CILA come in. So, I am in support of 4369, but I am gonna look at some language that when it comes to developers of CILAs coming to communities that they respect and take into account what impact that they... that their CILA brings into that district." 167 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Further discussion? Representative Stephens."
"A question of the Chair."
"State your question."
"Mr. Speaker, are we on the Hs?"
"Yes."
"I think Representative Hoffman has a Bill."
"I don't think so."
"We need to talk."
"You're misinformed. Representative McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative Hamos, I know I brought this up in committee and I don't know if the Amendment came after it or before, but we had talked about the... we're putting a number on how many people DHS had transfer and were there any guarantees that there would be appropriate settings for them to transfer to?"
"Well, I think you're raising a really important point. Representative McCarthy's concern about whether the community facilities would be available is, of course, an important part of this Bill. We did reduce in Amendment #1 the number that would be affected. So, we're saying over the next five years we're talking about 200 persons a year, that is less than 20 a month. And I have worked with the community-based organizations that do build these kinds of programs and manage them and 20 a month seems doable. But really, within this Bill there is a statement and it's an important one that the... that the State of Illinois would in fact... that the State of Illinois would have to create a plan... and this doesn't replace even that its planning requirement but I'm trying to find the specific reference, Representative McCarthy. It says that the MI Olmstead 168 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Initiative shall be designed with a capacity for a thousand qualified individuals over five years. And I do wanna establish for legislative intent that the goal here is to make sure that the community facilities are available before persons are transferred. And it is not our intent to simply move people without making sure the capacity is there. But again we did reduce the number to make sure that the community was ready to accept these persons."
"Well, thank you. And I thank you for addressing the concern. And I hope that all the proponents of the measure, which is basically almost every group in our state that's concerned with mental illness, helps us to make sure that these spots in qualify, ya know, community treatment facilities are available. So, thank you."
Speaker Hartke: "Further discussion? Seeing that no one is seeking recognition, Representative Hamos to close."
"Thank you, Ladies and Gentlemen. And I do appreciate the support that I have received on the floor and in committee. I have worked closely with the entire mental health community and I think this is an important initiative. And I do urge your strong support."
"The question is, 'Shall the House pass House Bill 4369?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5848, Representative Yarborough. Out of the record. House Bill 4318. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 4318, a Bill for an Act in relation to 169 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 public employee benefits. Third Reading of this House Bill."
"Speaker Madigan."
"Mr. Speaker and Ladies and Gentlemen, House Bill 4318 is an Amendment to the State Law which provides a one-time lump sum death benefit for survivors of people such as police and fire who die in the line of duty. Today, the State Law provides that under these circumstances the death benefit for the survivors is $118,000. This Bill would raise that $118,000 to 259,038. In addition, beginning on January 1, 2003 the current law provides that there will be a cost of living adjustment on an annual basis to the death benefit. The Bill would change the index used so that after the change there would be more money available for the survivors under this program. If this Bill were to become law, Illinois would become the first in the nation in terms of the benefit amount provided to the survivors of people killed in the line of duty. Let me read to you the types of people covered by this statute: so, police officers, firefighters, paramedics, civil defense workers, civil air patrol workers, chaplains of police and fire departments, Department of Corrections employees who have daily contact with prisoners, county correctional guards, other state employees, but only if they are killed as a result of an intentional act of violence by another state employee. So, again State Law currently provides a death benefit for the survivors of $118,000. This would raise it to $259,000 making Illinois the leader in the nation and adjust the index that would be used for the annual cost of living adjustment. And I would request a favorable Roll Call."
Speaker Hartke: "Is there any discussion? Chair recognizes 170 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative, in the... in the... your explanation of the Bill you reference a civil defense worker. Now, that might be... that terminology is no longer used. As I know you're aware, I think it's emergency management officials. I think civil defense is no longer used in the federal or even the state terminology. Do you use it in this Bill because it is still referenced by that title in the underlying law?"
"Yes."
"Okay. How did you... well, let me go back to that issue. Since you referenced civil defense workers, would we run into a potential problem if we have an Illinois Emergency Management Authority individual killed in the line of duty? Could... could somebody raise the question that a worker under the aegis of IEMA is not covered under your Bill?"
"I don't have the answer to that."
"Mr. Speaker, when you tell me that, I don't have a response. I've never heard... seldom ever heard you say that, but I think it's an honest answer and it may be something that you'll want your staff to look into. Because if we are leaving..."
"Mr. Black, let me make a suggestion that through legislative intent we could deal with it right now."
"That's fine. I would... I would... I would ask the Sponsor that it is your intent that workers covered under the agency now known as the Illinois Emergency Management Agency would be covered under this survivors' benefit?"
"The answer is 'yes'."
"Thank you. Now, as to the amount of money that the survivors would receive, was there a formula that you used 171 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 to go from a hundred and eighteen thousand to two hundred and fifty-nine thousand?"
"No, the goal was simply to significantly increase the Illinois amount..."
"Okay."
"... and we determined that Texas was leading the nation at 250,000 and then in addition to that, there's a federal program which is currently set at 259,038 and we pegged the Illinois change to the federal program."
"So, Texas was the leader?"
"Correct."
"Well, of course, they have the strong leadership there as you know for many, many years in the Governor's Office. Let me... according to our staff analysis very few claims are made on this to the Court of Claims and only if existing revenues serv... existing revenue sources are inadequate to pay the claim. I'm not sure I understand that. How are these claims paid now? Our staff says only about ten of these end up in the Court of Claims, currently. Is there an insurance policy or some source that pays the claim for these people who are killed in the line of duty?"
"Mr. Black, I'm not certain about this. I would presume that if the Court of Claims were to render an award why it would come out of an appropriation from the Legislature and I assume that would be the General Revenue Fund."
"All right. And I'll pursue this with our staff because I'm not sure I understand the language saying if... if the designated revenue source fails to cover the cost, the monies will be appropriated out of General Revenue Fund, typically less than ten of these claims are paid out, et cetera, et cetera. But we can get that answer. Now, this 172 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 clearly states that this would have to happen in... in the line of duty and that would include, obviously, a response to a fire, or a disaster. Not... would this cover them under the general course and conduct of their duties, for example, a firefighter who goes out in my district to fight a residential fire, which they do day in and day out, loses his or her life in that fire, would this increased amount cover every emergency response personnel in what we would consider to be the normal course of their duties or is this amount to be paid only in the course of a disaster or a... such as we experienced on September 11?"
"My understanding would be the normal course of duty."
"So, on any residential fire or a disaster resulting from, for example, the terrorist attack of September 11, this then becomes the basic survivors' benefit if they are killed in the line of duty?"
"Again, my understanding would be 'yes'."
"All right. And it covers all firefighters, police officers, and emergency response workers in all 102 counties of the state?"
"Yes."
"Thank you very much."
Speaker Hartke: "Further discussion? Chair recognizes the Gentleman from Mclean, Mr. Brady."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Excuse me, Mr. Black... Excuse me, Mr. Brady. Mr. Black."
"Yeah, Mr. Speaker, I'm sorry, but just one question I wanted to clarify. And I... with apologies to you and to the Sponsor."
"Go ahead."
"In my district many of these people are volunteers, they 173 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 are not a paid firefighter, not a paid emergency service worker. They are volunteers and yet they are our responders. Would these people be covered or will that take some kind of special enactment?"
"The answer is 'yes'."
"So, they are covered?"
"Yes."
"Thank you very much."
"Mr. Brady."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative Black, just to address your a... a couple of your questions. From personal experience, I had a deputy coroner killed in the line of duty and I believe we're talking about the same type of protocol that this is administered by and reviewed by the Attorney General's Office and the Court of Claims is the process I went through. And with the designation of a law enforcement officer, it was found not only by the Federal Government, but by the state in this particular payout, as well, that that criteria was met as a law enforcement officer. So, it certainly applies to part-time, volunteer and in any course of emergency services that we found in my process in working on this. So, I certainly stand to support this particular piece of legislation. Thank you very much."
"Further discussion? Representative Fritchey, the Gentleman from Cook."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Speaker, just for clarification, I talked to staff about this briefly, the legislation refers to paramedics. From the time of the original legislation to now, there's 174 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 been a specif... a separately specified class of emergency medical technicians which are recognized, but separate and distinct from paramedics. So, when you responded to the Gentleman from Danville that all emergency responders would be covered, it is the intent that emergency medical technicians, like we have in Chicago and elsewhere in the state, would be covered in this Act, as well?"
"The answer is 'yes'."
"Thank you. No further questions."
"Further discussion? Since no one is seeking recognition, Representative... Speaker Madigan to close."
"Just request a favorable Roll Call."
Speaker Hartke: "The question is, 'Shall the House pass House Bill 4318?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of House Bill 4118? Representative Lawfer."
Clerk Rossi: "House Bill 4118 is on the Order of House Bills-Third Reading."
Speaker Hartke: "Move that Bill back to the Order of Second Reading for the purpose of an Amendment at the request of the Sponsor. Mr. Turner, Mr. Art Turner. House Bill 4211, Representative McCarthy. Mr. Clerk."
"Mr. Speaker, has the Amendment been approved for consideration?"
"No. You wanna just hold it?"
"Well, I'd like you to approve it for consideration, if 175 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 that's at your pleasure."
"Given time."
"And I'm glad to see you back from the audiologist, too. So, thank you."
Speaker Hartke: "Thank you. Mr. Rutherford, would you like to call 5625? Mr. Clerk, read the Bill."
"House Bill 5625 has been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Rutherford, has been approved for consideration."
"Representative Rutherford."
"Mr. Speaker."
"Yes, Sir."
"Oh, I thought we were on another Bill. Okay, we'll do the dogs. Mr. Speaker, there was an incident that occurred in Southern Illinois in which some... some people were accused of tormenting an animal and during that case they videotaped the occurrence and tried to sell 'em. When they were arrested, they were not able to charge them for the underlying charge and what this Amendment would do is actually put the same penalty for videotaping and trying to sell some type of cruelty to animal to the same type of penalty as the cruelty would have been."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 5625?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendment?"
"No further Amendments."
"Third Reading. House Bill 5608, Representative Mautino. Frank Mautino. For Floor Amendment... yes. Mr. 176 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Clerk, read the Bill."
"House Bill 5608 has been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Mautino, has been approved for consideration."
"Representative Mautino."
"Thank you. This Bill is the ongoing work to try and solve the problem we're having with our self-funded workmen's compensation pools. The language was not agreed at this point so we're shelling the Bill."
"Is there any discussion on the Amendment? The question is, 'Shall the House adopt Floor Amendment #2 to House Bill 5608?' All in favor signify by saying by 'aye'; opposed 'no'. Opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
Speaker Hartke: "Third Reading. House Bill 4979, Representative Mautino. Mr. Clerk, read the Bill."
"House Bill 4979 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."
"Third Reading. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 4979, a Bill for an Act making appropriations. Third Reading of this House Bill."
"Representative Mautino."
"Thank you. This is the State's Attorney Appellate Prosecutor's budget. It's our intent to send this on to the Senate. It is at the oath... I believe this is at the '03 introduced level. And appreciate a 'yes' vote."
"Is there any discussion? Representative Black."
"Mr. Speaker, will the Sponsor yield?" 177 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Sponsor will yield."
"Representative, I realize this a... an appropriation shell Bill and we don't have any analysis on our computer and that's... and that's within the rules. Right? Is it not a shell Bill?"
"No, this is the actual budget. This is the State's Attorneys Appellate Prosecutor budget as introduced..."
"All right. Since the..."
"It is at the fiscal year '02 level."
"All right. Since the appropriations Bills are not on our computers and we don't have a staff analysis at this time, could you give me the total for FY03 and a comparison of what... of what... how it compares to fiscal year '02?"
"I have the same computer, Representative Black, so I'm gonna go back to paper. And I'll get that for you right away."
"Mr. Mautino."
"Would you take this out of the record momentarily, while I get the actual text of the Bill?"
"Take it out of the record. House Bill 4083, Representative Osterman. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 4083, a Bill for an Act concerning senior citizens. Third Reading of this House Bill."
"Mr. Speaker and Members of the House. House Bill 4083 is a Bill that expands the eligibility for the Senior Citizen Real Estate Tax Deferral Program to include individuals that are 62 years old and older and also increases the income eligibility from 25 thousand to 35 thousand dollars a year per household. In many areas of our state, we have increased property taxes that force senior citizens out of their homes because they aren't able to keep up with the rising property tax costs. This Bill 178 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 allows more senior citizens to take advantage of this program. I know of no opposition to this Bill. And I ask for an 'aye' vote. Thank you."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative Black."
"I'm sorry, Mr. Speaker, I don't wanna... I don't wanna drag this out any more than we already have. Will the Gentleman yield?"
"The Gentleman will yield."
"Representative, the... you're raising the income ceiling from a current 25 thousand to 35 thousand. Is that correct?"
"Correct."
"Do you... do you have any estimate from staff on what the impact may be on local revenues?"
"Local revenues, no. This program is a state program that the state will pay the county property taxes. The application goes from the county to the state, they then reimburse the county. So, this should not have any negative affect on the county."
"All right. You're right."
"So, this should not affect local government at all."
"I'm sorry, I was looking at the wrong program, I thought it was another exemption, but this is the deferral."
"Yes. Senior deferrals state program."
"All right, on the seniors only?"
"Yes."
"All right, I'm sorry. Thank you."
"Further discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4083?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have 179 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 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 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4042, Representative Brunsvold. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 4042 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Brunsvold, has been approved for consideration."
"Representative Brunsvold."
"Thank you, Mr. Speaker. Amendment #1 addresses a request by... actually it... situations developed where the City of Rock Island and the boat owners have sat down and agreed they'd like to move the boat around the corner from where it is now and put it on a slough area that's next to the Mississippi. And they went through the gaming board process and found out that they didn't think they had the language to do it. The Attorney General gave an opinion and he said basically that he thought they didn't have the language to do it. This Amendment simply makes a few adjustments. I call it a technical Amendment, really, to allow them to do that little move. So, we've adjusted the language here to allow a boat that's on the Mississippi River, this would only affect those on the Mississippi, to make a slight adjustment within their licensed area. That's what that Amendment does."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4042?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The vo... excuse me. 180 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Excuse me, let me start this over again. All those in favor of adopting... adoption of Floor Amendment #1 to House Bill 4024 (sic-4042) indicate by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 5343, Representative Bassi on Amendment #1. Take that Bill out of the record. House Bill 4166, Representative Cross. Mr. Clerk, read the Bill."
"House Bill 4166 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Cross, has been approved for consideration."
"Representative Cross."
"Thank you, Mr. Speaker. I appreciate you calling my Bill. This is an Amendment to satisfy some concerns of the Department of Professional Regulation. I think we've gotten most all of their concerns addressed. We have not completely... we have not completely resolved all of their concerns, but we've agreed to continue to work on it in the Senate. This is a Bill that is designed to regulate the industry involving agents for collegiate athletes. It is a Bill that... of a concept that's been worked on around the country and several other states have adopted it. It's a time that... unfortunately it's an issue that we do need to address. And I am not aware of any opposition on this Amendment. So, I'd appreciate a 'yes' vote. Thank you."
"Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 4166?' All those in favor signify by saying 'aye'; opposed 'no'. In the 181 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
Speaker Hartke: "Third Reading. House Bill 5823, Representative Capparelli. Mr. Clerk, read the Bill."
"House Bill 5823 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."
"Third Reading. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 5823, a Bill for an Act concerning Illinois servicemen. Third Reading if this House Bill."
"Representative Capparelli on House Bill 5823. Out of the record. House Bill 4453, Representative Hassert. Mr. Clerk, call the Bill."
"House Bill 4453 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 4453, a Bill for an Act in relation to real property. Third Reading of this House Bill."
"Representative Hassert."
"Thank you, Mr. Speaker. This is a simple land transfer Bill from the Veteran Affairs to the... in Kankakee County the Manteno Fire Protection District. There's absolutely nothing controversial about it. Ask for your approval."
"Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4453?' All those in favor will simply vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take 182 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the record. On this question, there are 114 Members voting 'yes', 1 person voting 'no', and 1 person voting 'present'. And the House does pass House Bill 4453. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6012, Representative Curry, Julie Curry. Mr. Clerk, read the Bill. Out of the record. House Bill 5664, Representative Hoeft. Out of the record. House Bill 4414, Representative Monique Davis. Mr. Clerk, read the Bill."
"House Bill 4414, a Bill for an Act in relation to health. Third Reading of this House Bill."
"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 4414 is a Bill that amends the Lead Poisoning Prevention Act. It requires physicians and health care providers to conduct lead poisoning screening for girls age 13 or over, for pregnant women who are in the first or third trimester of pregnancy, and for women who are nursing an infant. It requires the Department of Public Health to initiate activities that will insure the greatest possible number of at-risk children and women who are... who are identified and screened for lead poisoning. And the purpose of the Bill is to stop so much or so many children who are born with developmental disabilities. Lead poisoning is an extremely dangerous substance. And it is only required in those areas in which children are at high risk."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative Parke."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, I don't think anybody would argue the underlying idea, but do you have any idea how much this is 183 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 gonna cost the taxpayers of the State of Illinois to do this?" Davis, M.: "Well, Representative Parke, the question becomes what will it cost the State of Illinois if we don't do this."
"Well, that's not my question. My question is, how much is it gonna cost the taxpayers? Can you answer that, please?" Davis, M.: "I... I'm not sure of those numbers, I'm really not sure. The question becomes what will it cost if children are continually born with..."
"Well, Representative, it is estimated that it's gonna cost $25 million and that our notes show that you agreed to hold the Bill until some source of funding was found. Is that... is that your understanding? Have you found some source of funding for this?" Davis, M.: "Oh, is that right... is that... I mean is that really what happened?"
"I thought I saw it... read in my notes here that there was some type of trying to find out where the... says here, 'the Sponsor agreed to hold the Bill on Second Reading while funding for this program has been located within Cook County Lead Abatement Funds, since many of the high-risk areas are located in this area.' Have you contacted them at all and have they come up with any ideas on how to fund it? Do they have $25 million to do that?" Davis, M.: "You said, did I come up with $25 million?"
"Right." Davis, M.: "No, I haven't. No."
"Has the Department of Public Health or the Illinois State Medical Society, the Department of Human Services, and the Department of... one other, still opposed to this legislation?" 184 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Davis, M.: "Ya know, according to our analysis, Representative Parke, it comes to about $6 million, the cost. That's our analysis. It appears that... that figure you have is quite inflated."
"I'm sorry, could you say that again? Mr. Speaker, I cannot hear the Lady's answer or her comment. Could I have some quiet?" Davis, M.: "I just said that your figures are inflated."
"Oh, they're inflated. Well, let's say it's $20 million. Do you have any source for funding for it...?" Davis, M.: "According to our analysis, it's 6 million..."
"Six million, not 25, huh?" Davis, M.: "... which will probably save the state more than quadruple that amount when you think of the children who are damaged for life who have lead poisoning and it is not treated. Ya know, if it's treated early enough, those symptoms and the problem can be removed, but if it is not treated, it stops and harms the growth and development of the brain."
"Is the Department of Public Health, the Illinois State Medical Society, the Department of Human Services, and Department of Public Aid still opposed to your legislation?" Davis, M.: "I don't know because I haven't heard from them, Representative Parke."
"Doesn't your staff analysis show they're still in opposition?" Davis, M.: "I really haven't... does my staff analysis... I don't know..."
"Okay, thank you very much. To the Bill."
"To the Bill."
"Ladies and Gentlemen of the House, this is another idea 185 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 that has... on the face of it has merit, but again whether it's 6, 8 million or 30 million, we don't have the money to fund this program. There is no appropriations set up for it. And we continue to spend taxpayers' dollars or providing vehicles to spend it when we don't have it. We keep trying to figure out how to fund the current programs that we have. I respectfully rise in opposition to this legislation and hopefully, the Sponsor, someday, will reintroduce it when we have a lot more... when we have additional revenues to spend in this state. But at this time, we do not have any money and I would hope that the Body would reject this. And hopefully, the Sponsor would return next year to try and pass it when, let's pray, that we have better..."
Speaker Hartke: "Further discussion on House Bill 4414? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4414?' Mr. Cross."
"Than... thank you, Mr. Speaker. I just... I wanna, before we move forward, my understanding and our side and Representative Parke apparently, and I know, started to bring this up is that there were several commitments made to hold this Bill, Representative. And I wish we could maybe talk between our staffs..." Davis, M.: "Okay. Until we... we'll talk. We'll take it out of the record, Mr. Speaker..."
"Out of the record."
"Thanks." Davis, M.: "... until I have time to talk to Representative Cross."
"Chair recognizes Representative O'Brien."
"Thank you, Mr. Speaker. I rise for the purpose of an announcement. The House Judiciary II Committee which has 186 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 been scheduled to meet immediately after Session is canceled."
"House Bill 4235, Representative Kosel. Renee Kosel. Mr. Winkel. Out of the record. House Bill 3933, Representative Flowers. Mr. Clerk, read the Bill."
"House Bill 3933, a Bill for an Act concerning insurance coverage. Third Reading of this House Bill."
"Representative Flowers."
"Speaker, would you please move this Bill back to Second, for the purpose of an Amendment?"
"Mr. Clerk, move this Bill back to Second Reading for the purpose of an Amendment at the request of the Sponsor. House Bill 4341, Representative Leitch. Dave Leitch. Out of the record. House Bill 6052, Representative Franks. Mr. Clerk, read the Bill."
"House Bill 6052 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
Speaker Hartke: "Third Reading. Representative Franks... Mr. Clerk, read the Bill."
"House Bill 6052, a Bill for an Act concerning telecommunications. Third Reading of this House Bill."
"Representative Franks."
"Thank you, Mr. Speaker and Members of the General Assembly. House Bill 6052 is a simple Bill. What it does is that if you are blind you will get free information services, 411. The reason we have this Bill, I had a constituent ask for it, because there aren't any telephone directories in Braille. So, when you call to get information, you pay between a dollar or a dollar and half for the information call and if you're blind you have no choice. So, I'd like to make this free for anyone who's 187 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 blind. And if anyone would like to ask any questions, I'd be happy to answer."
Speaker Hartke: "Is there any discussion? Chair recognizes Representative Parke."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yield."
"Representative, again on the face of it, this sounds like a good idea, but what happens with abuse? Do you... is there any limits on how many phone calls these individuals might make? I mean, could they sit on the phone and make a thousand phone calls for information or is it your intent to just say they have carte blanche. And I'm sympathetic with what you're trying to do..."
"Sure."
"... I just wanna know how far do you plan on doing this or...?"
"Well, there aren't any limits 'cause right now they don't have any choice. Any phone call they have to make to get information, they've gotta pay for it. No one's brought that up in committee, nor did any of the telecommunication carriers bring that up as an issue at all."
"All right. I just figured that if somethin' could be abused of it... because it just simply says, hey, you can make all the calls you want. But, ya know, maybe you can watch that and see if anybody sees that it's abused. Otherwise, I think it... I'm gonna vote it, but I just..."
"Thank you. We can certainly put that in legislative intent, if there's abuse it ought to be revisited."
"Thanks."
"Further discussion? The Chair recognizes Rep... Representative Hoffman." 188 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Thank you, Mr. Speaker. I stand in support of House Bill 6052. The issue with regard to abuse, I think is... is simply a red herring. The fact is... is... is that there are no phone books for individuals who are blind. So, if they make one call or they make a thousand calls, they should be able to access numbers the same way we do. I think this makes sense and I ask for an 'aye' vote."
Speaker Hartke: "There any further discussion? Seeing that no one is seeking recognition, Representative Franks to close."
"I'd ask for a positive vote."
Speaker Hartke: "The question is, 'Shall the House pass House Bill 6052?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared... is declared passed. Mr. Franks, would you like to be recognized?"
"There were so many people trying to become Sponsors and I'm signing this and didn't have a chance to vote. So, I'd like to be recorded as 'aye'."
"Well, I suppose we'll let the Journal reflect your wishes. House Bill 4409, Representative Lindner. Mr. Clerk, call the Bill."
Clerk Rossi: "House Bill 4409, a Bill for an Act concerning banking. Third Reading of this House Bill."
"Representative Lindner."
"Thank you, Mr. Speaker. This was initiated by the Illinois Bankers Association who saw a need for clarification in the statutes for paying child support 189 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 liens and levies. And the law did not state the word 'levy' for... levies or liens from other states. So, it simply adds the word 'levy' to the statute."
Speaker Hartke: "Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 4409?' All those in favor will sig... will all vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there were 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4084, Representative Davis, Steve Davis. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 4084 has been read a second time, previously. Amendments 1 and 2 were adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 4084, a Bill for an Act concerning the Office of the Secretary of State. Third Reading of this House Bill."
"Representative Davis." Davis, S.: "Yes, Thank you, Mr. Speaker, Ladies, and Gentlemen of the House. House Bill 4084 is an initiative brought to me by the Secretary of State's Office in the State of Illinois that will create the Office of Inspector General. And the Bill has several provisions in it and if I might, I'll go ahead and read the provisions. I'll certainly be glad to answer any questions. But, first of all, the Bill would require that the Secretary of State would appoint with the advice and consent of the Senate an Inspector General. It 190 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 provides that the Secretary of State may designate the Inspector General and members of the Inspector General's Offices peace officers after those persons have completed basic police training. It would allow the Inspector General to conduct investigations and make reports concerning misconduct in the Office of the Secretary of State, subpoena witnesses and evidence necessary to carry out the duties of the Inspector General, and have direct access to the Secretary of State. It also provides that a person who fails to comply with a subpoena issued by the Inspector General would be guilty of a Class A misdemeanor. It prohibits reprisals against employees of the Secretary of State who make complaints to disclose... who make complaints to or disclose information to the Inspector General. And it requires the Secretary of State to adopt rules establishing requirements for these investigations. And I'd certainly be happy to answer any questions upon the Bill."
Speaker Hartke: "Is there any discussion on House Bill 4084? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 4084?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4208, Representative Feigenholtz. Sara Feigenholtz. Out of the record. Would you like to call the Bill? Mr. Clerk, read the Bill."
"House Bill 4208 has been read a second time, previously. No Committee Amendments. No Floor Amendments. 191 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 No Motions filed."
Speaker Hartke: "Third Reading. House Bill 4208. Mr. Clerk, read the Bill."
"House Bill 4208, a Bill for an Act in relation to children. Third Reading of this House Bill."
"Representative Feigenholtz."
"Thank you very much, Mr. Speaker. I'm sorry, I was a little confused about the order in the alphabet and you know how it goes."
"F."
"House Bill 4208 is a Bill that passed out of here last year, it also passed out of the Senate, and it got snagged on a Conference Committee Report or an Amendment in the Senate. It's a very simple Bill that was brought to us... me by a constituent who is a... an adoptive parent of a child who wants the Department of Children and Family Services to simply notify a parent... notify that family when another child from that family is available for adoption. I'd be glad to answer any questions."
"Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 4208?' 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 118 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3933, Representative Flowers. You wanna take that Bill out of the record yet? Oh, you moved that one back to Second. Yes. Did you not? And the Amendment will be approved tomorrow. Out of the record. 192 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 House Bill 4933, Representative Forby. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 4933, a Bill for an Act concerning vehicles. Third Reading of this House Bill."
"Mr. Forby."
"Thank you, Mr. Speaker. 4933, this Bill was passed out of here a couple of years ago, Mr. Black passed it out. What this is, all terrain vehicles who wanna have a title. All the motorcycle dealers and everybody else have to title, but there is some big stores that don't title. So, that's what this Bill takes care of. And this Bill does not... makes sure that lawnmowers are not involved. That's why it was vetoed last time."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4933?' 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 116 Members voting 'yes', 1 person voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4353, Representative Fowler. Mr. Clerk, read the Bill."
"House Bill 4353 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
Clerk Rossi: "House Bill 4353, a Bill for an Act in relation to criminal law. Third Reading of this House Bill."
"Mr. Fowler."
"Thank you, Mr. Speaker. This is a very simple Bill and 193 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 basically what it does, it provides that any person who knowingly installs or reinstalls in a vehicle any object in lieu of an air bag that was designed in accordance with the Federal Safety Law is guilty of a Class A misdemeanor. And what brought this about is a... vehicles that have been wrecked that are equipped with air bags, it would become a misdemeanor if the body man fails to replace that air bag. Also, you have a situation where possibly the owner of the vehicle might cut a deal with the body man, we'll charge the insurance company for it, we won't put it in, we'll split the difference. So, it makes this a Class A misdemeanor if they are found guilty of that offense."
Speaker Hartke: "Is there any discussion? Representative... Since no one is seeking recognition, the question is, 'Shall the House pass House Bill 4353?' 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 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And the House does... This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Fritchey, House Bill 5847. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 5847, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 5847, a Bill for an Act concerning criminal offenses. Third Reading of this House Bill."
"Representative Fritchey."
"Thank you, Speaker. This Bill would prohibit sales of cigarettes in packs of less than 20. These sales which 194 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 have been predominately targeted at minors had been prohibited under the terms of the master settlement agreement that came out of the settlement against cigarette manufacturers. That prohibition expired at the end of last year and this law simply tries to codify the previous prohibition. I request an 'aye' vote."
"Is there any discussion? Seeing no one is seeking recognition, the question is, 'Shall the House pass House Bill 5847?' 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 116 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4726, Representative Giles. Mr. Clerk, read the Bill."
"House Bill 4726, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 4726, a Bill for an Act relating to schools. Third Reading of this House Bill."
"Representative Giles."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 4726 amends the School Code. And what it does is create class from K-3 class size reduction grant program. And this program is administered by the State Board of Education. Now, what this Bill... what it would do is reduce the class size to 20 or less pupil, one grade at a time, for the next four years. For instance, in the year 2003-4 school year only the kindergarten classes that 195 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 are on the State Board of Education Watch List shall be eligible for the grant. And for instance, year 2004-5 the kindergarten and first grade classes that are on the SBE Watch List shall be eligible for the grant and so on. At this time, the Chicago Teachers Union and the IFT support this. This Bill got out of the Education Committee with 21 'yes' votes, and 0 'no' votes, and 0 'present' vote. And I ask for its adoption... its passage."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4726?' All those in favor will signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Capparelli on House Bill 5823. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 5823, a Bill for an Act concerning Illinois servicemen. Third Reading of this House Bill."
"Representative Capparelli."
"Thank you, Mr. Speaker. House Bill 5823 provides the Illinois National Guard members on active duty caps on interest rates on mortgage loans and credit cards, temporary deferment on income tax payments, and temporary halt in eviction, foreclosure, defaults, and judgments. These civil right protections are detailed in the Federal Soldiers' and Sailors' Civil Relief Act. This Bill extends the benefits to the Illinois National Guard members on active duty under the Governor's command. I know of no opposition. I ask for a favorable Roll Call." 196 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Is there any discussion on House Bill 5823? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 5823?' 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 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4066, Representative Holbrook. Mr. Clerk, read the Bill."
"House Bill 4066, a Bill for an Act concerning the State Treasurer. Third Reading of this House Bill."
"Representative Holbrook."
"House Bill 4066 is a cooperative agreement between the Illinois Historic Preservation Agency and the Treasurer's Department to help develop an overall plan for our United Nations heritage site at Cahokia Mounds. They've agreed to work with some of the local financial banks... institutions in our area to help out on this. I'd ask for an 'aye' vote."
"Is there any discussion on House Bill 4066? Mr. Black."
"Mr. Speaker, I'm trying to find this Bill in my Calendar and I don't find it on page 21, as the board says. Oh, now he changed the number on me."
"It's third from the bottom of the page."
"Right... now that I see 4066. All right."
"What did I say?"
"All right. How's your... how's your hearing? About as good as my eyesight, uh."
"What? Yes." 197 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"All right. Thank you very much. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, can you explain this Bill to me. It doesn't... it's not creating any new expense side or stream. Correct?"
"Absolutely."
"What does it do, basically?"
"The Treasurer's been interested in developing this historic site in the state and it's her initiative."
"As well she should be."
"And it's the only United Nations site really, that we have in our state. And she's worked with the IHPA on this program and the Governor's Office and they've agreed to... she'll do a loan program with our local banks. They will agree in turn to help out with the... developing an overall project plan for this huge site down there which has never done and they haven't had the funds for it in the past."
"So, it's really the LINK Deposit Program dressed in another suit. Right?"
"Yeah, she's... she's..."
"She puts money in a bank, they can lend access to the money at a lower interest rate?"
"Yes."
"Okay. Fine. Thank you."
"I believe it... they will pay a percent less or something and in return they will help support this program. Yes."
Speaker Hartke: "Further discussion? Mr. Black, have you concluded? Mr. Holbrook to close."
"I ask for an 'aye' vote."
Speaker Hartke: "The question is... Representative Lindner. 198 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Never mind, your... The question is, 'Shall the House pass House Bill 4066?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Bugielski, would you like to vote on this? Mr. Clerk, take the record. The question is... on this question, there are 117 Members voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4448, Representative Myers. Mr. Clerk, read the Bill."
Clerk Bolin: "House Bill 4448, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Rich Myers, has been approved for consideration."
"Representative Myers."
"Just ask for a favorable vote on Floor Amendment #1. All it does is make a technical change in the language of the Bill. It changes... it does not change anything under the... in the underlying Bill."
"Is there any discussion on Floor Amendment #1? Seeing no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 4448?' All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 4889, Representative Myer (sic-Myers). Mr. Clerk, read the Bill."
"House Bill 4889 the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Rich Myers, has been approved for consideration." 199 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Representative Myers."
"Again, this is just a technical language change cleanup in the Bill that makes no change in the underlying Bill."
Speaker Hartke: "Is there any discussion on Floor Amendment #1? Seeing nobody is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 4889?' All in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
Speaker Hartke: "Third Reading. House Bill 5653, Representative Myers. Mr. Clerk, read the Bill. 5653."
"House Bill 5653, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"Mr. Clerk, are you sure? Mr. Myers."
"Mr. Speaker, I do not intend to call that Bill. So, please take that out of the record."
"Take that out of the record, please. House Bill 3673, on the Bs. Mr. Black. Mr. Clerk, read the Bill."
"House Bill 3673, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Black, has been approved for consideration."
"Representative Black."
"Thank you very much, Mr. Speaker. Floor Amendment #2 becomes the Bill. There is a provision in here that I will defer to Representative Holbrook on, is a Bill in his area. In my area, Floor Amendment #2 deals with the minimum school term. Right after September 11, in my district, a school was closed under emergency action, because when the 200 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 school secretary opened the mail a white substance fell out of one of the envelopes. The school was closed for three days because of the potential anthrax threat. After the school was... the mail was put in a bag by the emergency... response people, it was sent over to Springfield, analyzed by the State Police lab on a priority basis. The students, of course, were sent home and the school was closed. After that incident, my school board and superintendent called the State Board of Education and asked that they not be penalized for closing that particular elementary school because of a threat of bioterrorism. It happened to be in October, which was a very good average daily attendance month. The State Board said there's nothing in the School Code that would allow for that kind of a closure, that they could use snow days. Well, I think in light of September 11, if there's nothing in the School Code, then we need to put it in the School Code. And that's what my language in Amendment #2 says. If a school was closed on or after September 11, 2001, for more than one half day of attendance due to a bioterrorism or terrorism threat the State Aid claim shall not be reduced. Well, that's what my portion of Amendment #2 does and I would defer to Representative Holbrook for the other part of Amendment #2."
"Mr. Holbrook."
"Thank you. I have the other portion of this Amendment. And what this allows for in case of bankruptcies where a district loses more than 3% of their assessed valuation, this applies to any district in the state, any district, then it would kick in that their school aid formula would be adjusted and if at any point that bankruptcy came through or that company came through 201 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 then the money would be credited back to the state in the following year. It does not set up any priority system for this district for payments, either. That was asked in committee. And I have a letter here from the State Board that says it does not set them up for first payment."
Speaker Hartke: "Is there any discussion? Mr. Watson, are you seeking recognition? He declines recognition. Further discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 3673?' All those in favor signify by saying 'aye'; opposed 'no'. Opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments."
Speaker Hartke: "Third Reading. House Bill 5713, Representative Turner. Mr. Clerk, read the Bill. Out of the record. House Bill 4172, Mr. Turner. Mr. Clerk... Out of the record. House Bill 4439. Mr. Clerk, read the Bill."
"House Bill 4439, a Bill for an Act in relation to criminal law. Third Reading of this House Bill."
"Mr. Turner."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 4439 is a Bill that changes one word in the Criminal Code and what it does is it changes the word from 'shall' to 'may' and it gives counties the discretion over the detention of 17-year-old juveniles. And in essence, what we have found is that there are 17-year-olds who have been arrested. When they become 18 years old, local government has moved them on to... to... different institutions because they are now considered adults. This would give the discretion to the local government, to counties, to leave that child in a juvenile setting if, in fact, they determine that that's where he should be. And I 202 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 move for the adoption of it. And again, it basically... it still leaves the discretion with county government, gives them the option of sitting... or letting that 17-year-old remain in juvenile detention as a 17-year-old."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 4439?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Black, for what reason do you seek recognition?"
"Inquiry of the Chair, Mr. Speaker."
"State your inquiry."
"Yes, we all know that this is a difficult week. I make the suggestion in good faith. We have voted on several Bills in the last few minutes that have passed unanimously, Bill after Bill after Bill. And they're all good Bills. My inquiry of the Chair is, wouldn't we save some time on all of us and certainly some energy if we just put together an Agreed Bill List?"
"Your point is well-taken. We'll take it under consideration."
"I'm sorry, what?"
"We'll take it under consideration."
"Say that again."
"We'll take it under consideration."
"Oh, I thought maybe I was catching, all of the sudden I couldn't hear. You mean you'll actually are gonna take... 203 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 take something under consideration that I advised?"
"Next week."
"Thank you so much, Mr. Speaker."
Speaker Hartke: "Next week. House Bill 5606, Representative Mautino. Mr. Clerk, read the Bill."
"House Bill 5606, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 5606, a Bill for an Act concerning the Comprehensive Health Insurance Plan. Third Reading of this House Bill."
"Mr. Mautino."
"Thank you, Mr. Speaker. This Bill has been amended, is now a shell Bill. What it is to be used for is to deal with the situation that has occurred over the past year in the self-funded workmen's compensation pools. We have five that are currently in bankruptcy. There's about $11 million in outstanding bills due for injured workers and we're trying to structure the assessment program and you have the ability to pay these claims. So, with that I would ask the chamber's indulgence. Send this Bill to the Senate so we can continue to work on it and hopefully, get these bills paid for the injured workers."
Speaker Hartke: "Is there any discussion? Seeing that no one is seeking recognition, the question is, 'Shall the House pass House Bill 5606?' Representative Black."
"Thank you very much, Mr. Speaker. An inquiry of the Chair."
"Yes."
"Yes. We have no notation or record on our file as to when this Bill was shelled. By what Amendment was the Bill 204 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 shelled?"
"I do believe about two seconds ago."
"Two seconds ago?"
"The Bill has not been amended."
"The Bi..."
Speaker Hartke: "You're right, I'm confused now, too. Mr. Mautino, maybe you can explain."
"About 40 minutes ago you put Bill... excuse me, I think I have the same Bill file that Dan had earlier. I was looking at 5608. The Comprehensive Health Insurance Policy waiting period..."
"This is 5606."
"Got it. Ya know..."
"Would you like to re-explain the Bill?"
"... I have... I borrowed Representative Black's glasses and so I didn't see the board."
"His sight is bad."
"This is a Bill. There is no opposition to it. The state's Comprehensive Health Insurance Policy Program needs to have the days extended from 63 to 90 days where people have an eligibility to join that program. I know of no opposition."
Speaker Hartke: "Is there any discussion on this Bill, Mr. Black?"
"Mr. Speaker, let's just make sure we're all on the same page, now. This is 5606. It's a substantive Bill, correct?"
"Sustenance Bill, yes."
"All right. This is a substantive Bill that deals with preexisting condition exclusions under only CHIP or all insurance policies?"
"This affects the state's Comprehensive Health Insurance 205 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Program only."
"Only. So, it doesn't affect..."
"Correct."
"... any policy other than the state Comprehensive..."
"Right."
"... Health Insurance Program? And..."
"Currently, if you go 63... under the law, currently, if you go beyond 63 days and there's a lapse of coverage, you fall into an automatic preexisting condition. This extends that to 90. It's in compliance with the federal guidelines. The feds allow this."
"All right. The Department of Insurance is not in opposition to this Bill, correct?"
"Correct."
"All right. Okay. So, just so we're all together, this is a substantive Bill..."
"Ya know, the shell Bill I talked about earlier, which is really important, too, and it's a good thing."
"Okay."
"And we'll probably ship that over."
"All right. Just so that we're all..."
"This will help a lot of people, though."
"Just so that we're all on the same page. This is a substantive Bill. It appears to be a very good Bill with a Sponsor that is having difficulty with his glasses and the Speaker is having trouble with his hearing. Maybe it's time we adjourn, Mr. Speaker. Would that be in order?"
"Health care is a very big problem these days and we're getting some great examples."
"Yeah. All right. Health care is... it's ravaging the floor of this chamber as we speak."
"Representative Hannig in the Chair." 206 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Please add Representative Osmond..."
"I'm sorry, what?"
"... as cosponsor, as well."
"Yes, Representative Hannig, were you calling me?"
"Are you finished Representative Black?"
"I think so. Is Representative Mautino finished?"
"I think he's finished."
"It's obvious that Representative Hartke is finished."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 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 114 voting 'yes', and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 86."
Clerk Bolin: "House Bill 86, a Bill for an Act concerning state collection of debts. Third Reading of this House Bill."
"Representative Lang."
"Thank you, Mr. Speaker, Ladies, and Gentlemen of the House. House Bill 86 is a Bill that I have been working on along with many Members of the General Assembly for some time. This involves the collection of our own debt owed to us by our own taxpayers. As many of you know, when I first started working on this our own taxpayers owed the State of Illinois $4 billion. Well, several years later as we sit here today, taxpayers of the State of Illinois owe our state over $9 billion. We do not have a real good system for collecting it. I won't burden you with the details of this Bill, suffice to say we've voted on this many times before. I'd like to send it back to the Senate so that we can find a way to collect some of this $9 billion owed to 207 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 us by our own delinquent taxpayers. Perhaps, if we do this, we'll have more money for schools, more money for health care, more money to build roads, more money to take care of the human service needs of Illinois. I would ask your support on this Bill."
Speaker Hannig: "And on that question, Representative Black is recognized."
"Thank you very much, Mr. Speaker. I haven't seen a Bill number this low in ten years. When was this Bill introduced, if the Sponsor would be so kind?"
"It was introduced in the early part of this Session, Representative, the two year cycle of this Session. It passed out of committee some time ago and because of the crunch of activity last spring, it was sent back to the Rules Committee and I liberated it for today's purposes."
"Well, Representative, I've known you for a long time and it's not like you to procrastinate. So, let me ask you, it's been so long since we've seen this Bill, what Amendments are on the Bill?"
"A very good question, Representative, and I'm trying to find that for you. Representative, I believe Amendments 1-4 are on the Bill, but I think we should check with the Clerk. Mr. Clerk, could you tell us, please?"
Speaker Hannig: "Yeah. Mr. Clerk, would you give us the status of the Amendments."
"Two Amendments have been adopted to the Bill. Committee Amendment #1 and Committee Amendment #2 have been adopted to the Bill."
"All right, I stand corrected, Mr. Black."
"All right. So, Lou... excuse me, Representative, then Floor Amendment #3 and #4 have not been adopted to the Bill, correct?" 208 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"That's correct."
"Now, it was my understanding that Floor Amendment #4 would have ameliorated some of the concerns that the Department of Revenue had. Is there a reason why you did not proceed with Floor Amendment #4?"
"Well, I simply think in the crunch of time I didn't get to it. I did not object to Amendment 4 and I would suggest to the Senate Sponsor that they add this on in the Senate, as well as Amendment 3 for that matter."
"All right, Representative, with out Amendments #3 and 4, let me... I appreciate your indulgence and I apologize. I was trying to discuss this with staff, because it's been so long since we've read this file. I think it would be a safe assumption to say that the Bill in the form you are asking us to vote on, the Department of Revenue and the Department of Transportation, Department of Human Services, and Department of Employment Security still have serious concerns about the Bill. Would that be correct?"
"I think they have some concerns about the Bill, but let me suggest to you the problem we face today in Illinois. We are one of the few states that still has a decentralized system for collecting state debt. And when we had a task force that traveled the state to discuss this issue with various experts in the field we discovered that almost all of the experts said that if we really wanna collect this debt we need to turn it over to experts and we need to centralize it to make it work better. The notion that the Department of Veteran's Affairs or the... or some other small state agency that does not have expertise in collecting its own debt is going to reach out and do it, when they have more pressing and more important things to do on their desks, is silly. And one of the reasons we 209 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 have gotten to the point where we have $9 billion owed to us by our own taxpayers is that nobody in these state agencies knows how to collect the debt. On the other hand, the state agencies that are opposed, there are a couple of technical reasons why and that's why we should adopt Amendment 4 when the Bill goes to the Senate, but the rest of them simply don't wanna turn over their authority or power to anyone else. But the fact that they haven't done that is why we haven't collected the money."
"Thank you very much, Representative. Does the auditor general currently have the statutory authority to collect debt or are you giving the auditor general the authority with this Bill?"
"I'm giving him the authority, he does not have the authority today."
"Okay. Has the auditor general indicated to you whether this is a responsibility he can currently take on?"
"Well, the auditor general indicated to me he was neutral on the Bill. And there's a very important provision here that will enable the auditor general to take this on and that is that 10% of all of the amounts collected under this program would go to a fund to pay for the cost of the auditor general in putting this debt collection unit together. So, this is a self-paying unit of collection."
"Lou, the fiscal note filed some time ago, more than a year ago, indicated that the auditor general would have a start-up cost of approximately $2.9 million. Now, as you've indicated, the collection fee may very well bring in more money than the auditor general's start-up cost, but given the current fiscal state... fiscal situation in the State of Illinois, can the auditor general realistically be expected to start this when I doubt that we will be able to 210 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 appropriate the money that he will need to start the program?"
"Well, Mr. Black, all I can say is this. If there's $9 billion due and owing to the state and half of it is uncollectable and half of it is collectable and only 1% of it is collected, we'll collect $50 million. It seems to me foolhardy for us to sp... not say we're going to spend $2 million to collect $50 million. If the Federal Government said to us send us a $2 million check and we'll send you back a $50 million check, we would find a way to do it and that's what this program's all about."
"All right. Representative, as always, I thank you for your forthright answers and again I don't wanna belabor the point. I think you may have an excellent idea here, I just don't know how we're gonna fund the start-up of the idea. But, again, there may be other questions and as always you provide forthright answers and I appreciate that. Thank you very much."
"Thank you."
"Representative Cross."
"Thank you. Just a couple questions of the Sponsor. Lou, I... explain to me if you don't mind. And I don't know why I've... why wouldn't you have the Attorney General's Office... I'm sure you've had some discussion over... over..."
"I'm sorry, Representative. I cannot hear you."
"Why wouldn't you use the Attorney General's Office, an office full of attorneys, to take over this task? I think we're all in agreement that... and I'm not speaking in opposition to your Bill, I would just think that would be the one place you'd look."
"There's two reasons, Representative. First, even though 211 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the folks in the Attorney General's Office are attorneys, they are not experts in collecting debt unless the Attorney General's Office went out and hired debt collection attorneys. I don't think the Attorney General's Office should be in the business of doing that. I think this should be done by people who are experts in the field who know what the heck they're doing, that's first. Second, I did not think this Body should be about the business of giving a constitutional officer, someone who's elected by people, someone who has to go out and raise money, a $9 billion contract to go out and hire outside people so that they could possibly, whether the person's a Democrat or Republican, get huge campaign donations in exchange for a $9 billion outside contract. So, some suggested we give this to the comptroller 'cause the comptroller has some debt collection responsibility today, as does the Attorney General's Office. But it was my judgement that we should keep this out of the political process because the dollars are so large, I thought we should give it to a nonpartisan constitutional officer, someone who's not elected."
"Well, and that makes some sense. I just... it seems to me that we ought to be utilizing an agency or an office, albeit a constitutional office, 'cause we certainly... it would... I would think have the resources there. One of the other issues, and I... there's a little cloud in here, but my understanding was that Amendments 3 and 4 were not adopted. Is that correct?"
"That's correct. I misspoke earlier. It'd be perfectly fine with me if they adopt them in the Senate."
"All right. My un... one of the concerns of the Department... one of those Amendments dealt with the concerns the Department of Revenue had, I believe, 212 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 concerning past-due tax obligations. And I'm just trying to put this file together at the last minute or look at it on the floor here. It just seems like we're talking about a different animal when we're talking about tax obligations owed to the state and I think, but if I read our notes correctly, your... one of those Amendments took away the opposition of the Department of Revenue."
"Well, that is correct and so I again say for legislative intent that I'm expecting that they will add that, with my approval, in the Senate should we get this there and should it get out of the Senate Rules Committee."
"What... I..."
"I expect that Amendment will be added."
"Why would you not just back this up to Second and throw that Amendment on there?"
"Because it's Wednesday of deadline week and we won't get back to this Bill."
"Well, then at this point, as we speak, Revenue's still opposed, Employment Security is opposed, DHS is opposed, and IDOT's opposed. Is that correct? It's what our notes show and..."
"Well, I..."
"... and that those groups were not allowed to testify in committee."
"Well, Representative, I don't recall about committee. All I know is that the Department of Revenue wanted Amendment 4. I don't recall the other concerns, those other departments had no Amendments. The Department of Public Aid had an Amendment that is on the Bill. DHS had an Amendment that was Amendment 3 that I had introduced, but is not on the Bill. But again, I tell you for legislative intent, I have no problem with their Amendments. It's 213 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 going to go through the Senate process. I will bring those Amendments to the Senate Sponsor and ask that person to put the Amendments on the Bill."
"Out of curiosity, I... or not out of curiosity, along the same lines, in the area of child support for instance, or obligations back to the state, I guess through public aid, does the Attorney General's Office pursue that money now? If a... if a deadbeat dad has not paid his... has not paid child support, the Department of Public Aid makes payments, do you know who pursues that money and does this affect that in any way?"
"Well, as I recall, we had a Bill some time ago to turn all that over to the Attorney General but I don't think that Bill passed, I think local state's attorneys do that, currently."
"Well, and I just don't know. I just wanted to make sure we are... we're not causing any confusion in that regard. Okay, thank you."
"Thank you."
"Representative Miller."
"Will the Sponsor yield?"
"He indicates he will yield."
"I just have a few questions. On... Lou, did you mention... Representative Lang, did you mention that Amendment #3 was adopted or not?"
"I had thought the Amendment was adopted, but according to the Clerk it was not adopted and probably should have been. And I will ask the Senate to adopt the Amendment."
"Okay, that's dealing with the concerns from Department of Human... thank you... DHS?"
"That's correct."
"Okay. You had mentioned the start-up cost was an 214 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 estimate. I'm just looking at our notes here on our analysis. It was $2 million? Was that correct? 2...."
"The auditor general..."
"... $2 million nearly $3 million."
"Well, the auditor general estimated $2.9 million. I don't know if that number's correct or not, Representative. But I will tell you this, if we're gonna collect 50 or 100 million dollars and possibly even 50 or 100 million dollars the very first year of operation, it would seem to me that a 2 or 3 million dollar investment to accomplish that is not an outrageous amount."
"I... I... No, I would agree with you and I'm gonna support this. I guess my concern is dealing with the cash flow of 2 or 3 million dollars. Let's use the analysis that we have here. Even if we put, and this I believe is starting... would start July 1 of 2002, are you asking for an appropriations of $3 million to start this? Obviously, we're not gonna get $3 million within the first month or couple months there. So, looking at the cash flow analysis of this is... or is there any cash flow concerns with this, particularly in our budget crunch?"
"If the budgeteers, Representative, would take the point of view that a small investment here will bring back big rewards later, then I think we won't have that problem. I also think that when they talk about a $2.9 million exposure, they're referring to an entire year. But once this collection unit is put into place, money will start to come in and we're only gonna have to collect a small amount of money to recoup this start-up cost."
"No, I understand that. But obviously, instilled in any collection process there's a time for it to be processed, I mean. And also, usually in any private industry there's 215 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 a... there's a some kind of due process in which a collection... in order to collect your fees. So, I'm just asking has there been any concern with the fact that within that short period of time... you... you... I mean, I can't imagine getting 500 thousand within the first month, even if this started. And maybe I'm wrong, but has that even been looked upon?"
"Representative, the point you raise is a good one. We don't know that the budgeteers are gonna put out 2 or 3 million dollars into our budget to pay for this. But it would be foolhardy not to. If I were to say to you... if I were to say to you, walk over here and give me $2 and I'll give you 10. You would do that and that's all this is about."
"No, I..."
"And you mention due process, let me also say that this Bill has nothing to do with taking away anyone's due process. These are debts owed to the state. If someone agrees they owe them, they'll pay them. If someone does not agree that they owe them, they'll be sued and afforded due process of law in a court."
"Okay. But... but as far as the... I believe these accounts are 90... 90 days overdue with a particular agency. Correct?"
"Correct."
"And they're to go to the central unit for processing from there on out. Is that correct?"
"That is correct."
"So, there's gonna take at least some sort of process for them to collect, for them to send a notice, for them to send lawyers or whatever you... whatever... to assign liens or whatever they have to do to collect their money... for 216 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the state to collect their money. Correct?"
"Well, there is some lead time, but understand that all of this $9 billion that's already due and owing is well over 90 days past due. And so, day one, when this unit starts, they can send these notices out, they don't have to wait 90 days. These are already 90 days plus past due."
"Okay. So there's no... they've been notified as far as... up until then. Correct?"
"That's correct. Many of these people, dozens of times."
"Okay. In your Amendment 3 you had mentioned there... mentioned something about confidentiality... deemed by confidentiality by State or Federal Law for certain debts. Can you elaborate on that just a little bit?"
"Well, Amendment... that's Amendment 4, Representative..."
"Oh."
"... which is not on the Bill. The Department of Revenue was concerned that this debt collection unit would violate confidentiality under certain Federal Laws and I was gonna add the Amendment so that we didn't have to have that problem. And again, we'll add that in the Senate."
"Okay. Last question, Representative Lang. What about in regards to a entity that is waiting for some sort of payment or some sort of financial compensation from the state or something like that to help, would they still be turned over to this particular agency? I just wanna make sure that nobody who.. who... who is gonna get their money of some sort because of delays in the state or delays in whatever billing cycle or whatever the delays are, have it coming. So, they wouldn't fall under this."
"Right. Debts that are being collected under an ongoing process where there's an agreement and someone is paying currently are not considered past due and they would not be 217 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 submitted to this unit."
"Okay. So, you're saying for instance, the agency in particular has the decision to make... has a choice to make whether it's gonna be 90 days over or not, for instance, if... as you said, somebody with an ongoing payment cycle or making payments towards that... towards their fee, they wouldn't automatically be subjected to this?"
"If an agency... if an... I'm sorry, I didn't mean to interrupt you, Representative. If an agency felt that on a given debt they had an agreement with someone that owed the State of Illinois some money then they would keep that debt if they so chose. The person's file would not be turned over to the debt collection unit under those circumstances."
"Okay, And once the file... let's say I get a notice saying that they're gonna come after... the debt collection unit... the debt collection unit is gonna go after me, is there any way to... is there any negotiating power with that to... basically to get 'em off your backs or is there... or is it until the legal process is done with them?"
"Well, they have all the... all the power that... both sides have all the power they need. If a person resists paying, they'll have to be sued if they are collectable. If a person offers up an appropriate resolution whether by periodic payment or whether by lump sum payment the debt collection unit would make that determination. So, if the debt collection unit felt it was appropriate to settle a given claim, they had the power to settle it."
"So, as far as with... would... payments be... let's say someone has an ongoing contract with the State of Illinois and has not paid certain debts that would fall within this 218 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 90-day criteria, would those payments or that be held from their check? Similar to a... ya know, child support or any other payment."
"I'm not sure I understand your question, Representative."
"I have a... let's say I have a contract with the State of Illinois..."
"To pay back a debt?"
"... for a construction contract."
"All right."
"And let's say I just don't pay the bills for another entity involved with the state. Now, if I fall under this debt collection unit, would the payments from the state be deducted to make up for... withhold from the state to pay the balance that I owe?"
"Well, we already have in the law, Representative, something called the comptrollers offset system, which has been in the law for sometime. And it says the comptroller can offset any payments the State of Illinois owes anyone who owes us any money. And so if you're a contractor and we owed you a million dollars, but you owed us $2 million, the comptroller right now has the power to keep that money and reduce the debt."
"Okay. As far as the... what... the Department of Revenue has some concerns in regards to this legislation. What you just described, is it their responsibility to do that?"
"The comptroller... the comptroller of the State of Illinois handles the offset system, Representative."
"Okay. Now, would the debt collection board or unit be responsible for establishing that or does that automatically go in effect and what is the relationship between that and the Department of Revenue with this?" 219 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"They have no... the offset program and this unit have no relationship whatsoever except for the fact that the comptroller can reduce these debts for anyone that the state owes money to before it gets to the debt collection unit."
"Okay."
"If a debt that's owed to the state where the state owes that person should have already been offset by the comptroller before it would ever get to the debt collection unit and so they really have no overlap whatsoever."
"Okay, so there's no... no way in which somebody could owe the state, ya know... ya know, 500 thousand and they've received a million dollars from the state that... that you're saying that the state would've already withhold... withheld payments to offset that 500 thousand?"
"Comptroller Hynes is doing an excellent job right now in running the offset system and I have no doubt that anybody in the situation you described would have that debt subtracted very rapidly by the comptroller from what we would owe that party."
"Okay. Thank you very much, Representative Lang."
"Representative Righter."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative Lang, I think you're trying to make a pretty fundamental change here in the way we do debt collection in the State of Illinois. And I wanna ask a couple questions 'cause I'm not sure I've got enough information to decide... know how to make an informed vote here. First of all, how many different agencies or entities collect debts in the State of Illinois?"
"I don't know the number, but I can tell you this, under 220 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the today's law in the State of Illinois, each agency that has a debt owed to it collects their own debt."
"Okay."
"And so, I think it would be obvious to you as an attorney that there's probably no one at the Department of Veterans' Affairs that knows how to collect debt. That's an example, but it probably runs the gamut across the board in all the agencies."
"Okay. Do you know of those agencies whether it's the Department of Veterans' Affairs or others, how well... how good of a job do they do in collecting their debt, the percentages? Is it 80%, is it 90%? Are they...?"
"It's a very small percentage. I don't have those numbers with me, but if it was a good percentage we wouldn't be here today. The fact is that states that have centralized this... many states have, a dozen or 15 or 18 states have, they have dramatically increased the collection rate on debts owed to their states."
"Well, our analysis indicates the Department of Transportation's efforts in debt collection recover about 80¢ on the dollar. Is now... when you say it's a poor percentages, would you put that in the category of a poor percentage?"
"They're recovering... if they're recovering 80¢ on the dollar, they're recovering 80¢ on the dollar of what they've collected. They're not collecting 80¢ on the dollar of what they've written off. We're talking about un... we're talking about debt they can't collect. I'm talking about the hard stuff, not the stuff where you send a bill and they pay it. That's the 80% that's being paid. The other 20% is sitting there, it's not being collected. No one over there is gettin' it done and that goes across 221 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 the gamut of all the state agencies."
"You think the 80% figure that's in our analysis refers to just normal everyday payment for ordinary business that's not within the 90-day cycle that you referred to?"
"That's right, I can't speak to that directly, maybe I'm wrong. But based on these hearings we had all over the state, the data we had gathered... what that 80% figure would reflect would be people who pay their bills on time, not people who don't pay their bills on time. It's the 20% that we're worried about and so, we're collecting a small percentage of that 20% rather than 5 or 10 or 50% of that 20%."
"Whose debts does the auditor general currently collect?"
"The auditor general collects no debts." Righter: Because earlier, I think in response to Representative Cross' questions, he mentioned the Attorney General's Office, and I think you said, 'well, there aren't any attorneys over at the Attorney General's Office that are experts in debt collection and so we should give it to the Auditors General's Office.' But now you're telling me that the auditor general doesn't collect any debts at all. So, they probably can't be considered to be experts."
"No, but I've suggested that they create a unit of experts... a unit of experts in a... in a constitutional office that's nonpartisan, someone who's not elected, someone who doesn't have to go out and raise money year after year to be elected so that a $9 billion contract would have a serious amount of meaning to private contractors out there in the world, so that there would be campaign donations and other favors given to whoever might have this if they were consti... an elected constitutional 222 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 official, whether it be the comptroller, or the attorney general."
"Well, I appreciate that, Representative Lang. And I'm not suggesting that the attorney general be vested with all the debt collection powers. What I'm suggesting to you, is that rather than letting the individual agencies who deal with their own vendors on a regular basis go out and collect those debts, you're suggesting that all of those debts, once they reach 90 days, be transmitted from whatever state agency, however many there are, all to a new entity we're gonna set up in the Auditor General's Office and they pursue those debts, regardless of where those debts may arise from. Is that right?"
"That's absolutely correct."
"Okay. How many people is this gonna take? Do you know?"
"I don't know."
"So, could it be 100, could it be 200 people?"
"What's the difference?"
"Well, I would think for the constituents in my district who are taxpayers, they would be concerned about how many employees we're adding to the state rolls..."
"If we... if we added..."
"... in order to... in order to initiate a process and to start something totally new."
"But, if we added a thousand new employees and we made 150 or 200 million dollars wouldn't your taxpayers be happier?"
"Representative Lang, that question and your contention assumes that the auditor general will do a better job of collecting the debt than the other agencies, yet you stand before me now and you can't tell me any percentages of any of the state agencies or entities that they're collecting 223 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 now. You can't provide one number to demonstrate for us that this Bill will result in one diming of savings for the constituents of my district or yours or anyone else's. And that's the problem I've got here. You wanna make a change, but you can't demonstrate there's a need for a change."
"Representative, it stands to reason that if experts are doing something, they're going to do it better than people who are either nonexperts or continue to put that file to the bottom of the stack because they have no interest in the issue. If you're a... a... an employee of DCCA, and your job is to make sure that the Department of Commerce and Community Affairs is doing a great job with tourism, is doing a great job with community grants, is doing a great job doing all the wonderful things DCCA does. And somebody sticks in front of you a file and says go collect this $1,500 from that guy in Effingham, why are you gonna do it? Under... how are you gonna do it? That's gonna go to the bottom of the stack and I would submit to you that that's how over a very short period of time, maybe six or seven years, we've gone from 2 or 3 billion dollars owed to our taxpayers from other taxpayers, to almost $10 billion owed to us by other taxpayers."
"Representative Lang, have you talked to anyone from the Department of Commerce and Community Affairs about what efforts they make on debt collection?"
"I haven't recently, but we had extensive hearings about it."
"Okay. And do you know if they have people who work on debt collection there?"
"The testimony was very clear that no... that few if any of the state agencies have any time to collect these dollars. That's why they aren't being collected." 224 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Okay. And with regards to the Department of Transportation again, the 80% figure that I give you I'm not... do you think that indicates that they don't have time to do this or that they lack the expertise to collect the debts owed to that agency?"
"Frankly, I think if they're collecting 80% on current bills they're doing a fine job on current bills, but there's a large stack that they aren't collecting. Why shouldn't we turn that over to someone who can?"
"Have you talked to the Department of Transportation to find out how large that stack is you're referring to?"
"Well, I haven't... I haven't in the last 18 months but it's a large stack. If it wasn't, we wouldn't have $10 billion owed to us by our own taxpayers."
"Okay. Thank you, Representative Lang. To the Bill, Mr. Speaker."
"To the Bill."
"Appreciate Representative Lang's intent here very much with regards to attempting cost savings, but the bottom line is, is that there is zero evidence in front of this Body in terms of numbers or testimony or anything else to indicate that this change will save your constituents and my constituents one dime in taxpayer dollars. In fact, there's everything to indicate the opposite because we are going to have create a debt collection commission or bureau of which we do not know how many people will be employed to go around and collect these debts for state agencies that are doing it for themselves right now. I would urge a 'no' vote."
"Representative McKeon."
"Thank you, Mr. Speaker. I move the previous question."
Speaker Hartke: "Gentleman has moved the previous question, the 225 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 question is, 'Shall the main question be put?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the main question is put. Representative Lang to close on this Bill on Short Debate."
"Well, thank you, Representative. I think we've had a thorough debate on it. Look, we have a growing amount of debt our own people owe us. We have a budget shortfall that's getting worse and worse. Let's fill it in. Let's spend a few dollars now to collect millions of dollars later from deadbeats that live in the State of Illinois that are making our other taxpayers who pay their fair share pay more. I would expect your 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 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 90 voting 'yes', 24 voting 'no', and 2 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4527."
"House Bill 4527, a Bill for an Act in relation to public employee benefits. Third Reading of this House Bill."
"Representative Reitz."
"Thank you, Mr. Speaker. House Bill 4577 (sic-4527) amends the downstate firefighters article. There's four components of this Bill. It increases the minimum retirement for survivors in disability benefits. The current minimum is a thousand dollars a month and this inserts a 3% compounded increase between the years 2003 and 2007. The second component establishes a new minimum surviving spouse benefit applicable to widows of 226 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 firefighters who die after retirement. Currently, if a firefighter... or a former firefighter passes away his spouse is only eligible to receive 50% of his retirement at the time that he retired. And they're having... it's really an inequity they're trying to correct for people that have been retired for a long time. So, the new portion will put 54% of the firefighter's salary at the time of death or 50% at the time of his retirement, whichever is more. Third component provides surviving spouse benefits at a 3% compounded annual rate. Currently, they receive no increase. And the fourth one takes... has... is currently a simple 3% rate for children of... surviving children of firefighters and that will be changed to a 3% compounded rate. I think this is a good Bill for people that do tremendous service for us in society after they retire and for their... for their survivors. And appreciate your support. And be happy to answer any questions."
"Is there any discussion? There being none, then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 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 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4563 on Supplemental Calendar #2."
"House Bill 4563, a Bill for an Act in relation to gaming. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Okay. Mr. Clerk, hold that Bill on Second Reading and would you read House Bill 4696. That's on 227 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Supplemental Calendar #1."
"House Bill 4696, a Bill for an Act concerning the State Comptroller. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Okay. Hold that Bill on Second Reading and read House Bill 5140."
Clerk Rossi: "House Bill 5140, a Bill for an Act in relation to child support. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
Speaker Hannig "Hold that Bill on Second and read House Bill 5343."
Clerk Rossi: "House Bill 5343, a Bill for an Act relating to education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Hold that Bill on Second and read House Bill 5567."
Clerk Rossi: "House Bill 5567, a Bill for an Act in relation to public aid. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"And on Supplemental Calendar #1, under the... yes, and hold House Bill 5567, Mr. Clerk. And under the Supplemental Calendar #1, Conference Committee Reports, is Senate Bill 119, Representative Schoenberg."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I move that the House adopt the First Conference Committee Report to Senate Bill 119."
Speaker Hannig: "Is there any discussion? Okay. Representative Cross." 228 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"I defer my..."
"Representative Black."
"Thank you very much, Mr. Speaker. Just an inquiry of the Chair."
"State your inquiry."
"On the... on the computer, is the actual Conference Committee on the system? Ya know, we used to get paper copies of Conference Committees and we could see who signed them. I have no idea who was even on the Conference Committee, let alone who signed it. All right. Mr. Speaker, staff just gave me a copy of the Conference Committee Report. Will the Sponsor yield?"
"He indicates he'll yield."
"All right. Representative, what differences between the House and the Senate did this Conference Committee work out?"
"The... that's my understanding the only difference was that we needed to add an effective date to it and that was the only change that was made. This is an omnibus Bill that deals with a number of provisions for financial institutions. This is... all of those provisions were back in this Bill, the only thing that was missing was an effective date and that was inserted in the Conference Committee Report."
"I... Representative, unless I'm wrong, if you'll look at... if you'll look at the Conference Committee Report, it appears to me that Floor Amendment #1 becomes the Bill and it takes most of the banking language, if I'm reading this correctly, takes most of the language that dealt with banks out of the Bill."
"Could we take this out of the record, momentarily?"
Speaker Hannig: "Yes, we'll take this Bill out of the record. 229 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Mr. Clerk, would you read House Bill 5937."
"House Bill 5937 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. Floor Amendment #2, offered by Representative Slone, has been approved for consideration."
"Representative Slone."
"Thank you, Speaker, Ladies, and Gentlemen. Amendment #2 basically aligns the existing Bill with what is already being done by the Governor's Office, the Bureau of the Budget, and the Comptroller's Office. And I would urge your favorable consideration on the Amendment."
Speaker Hannig: "On the Amendment, is there any discussion? Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, with Amendment #2 have you heard from the Bureau of the Budget as to their position on this particular Amendment?"
"I have not. I have talked to the Governor's Office, however."
"Have... has the Governor... easy for me to say. Did the Governor's Office give you any indication... does Floor Amendment #2 change their view on the underlying Bill?"
"They still don't like it, but they like it better than they did before."
"That's an extremely honest answer, Representative. Thank you very much."
"Is there any further discussion? There being none, the question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments? Mr. 230 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Clerk, are there any further Amendments."
"No further Amendments." Speaker Hannig:: "Third Reading. Mr. Clerk, what is the status of House Bill 4979?"
Clerk Rossi: "House Bill 4979 has been read a third time, previously."
"Okay. Representative Mautino. Yes, if the Bill's been read a third time, Representative, would you present it."
"Thank you. I appreciate you putting this Bill in the record and I appreciate Representative Black allowing me to get the information together. What we have before us is the budget for the State's Attorney Appellate Prosecutor. It was originally introduced... requested level was $12,801,089 of which 400... or $4,888,000 were GRF. That is what we appropriate. The committee, after hearing testimony, appropriated... for next year it is recommending a level of $4,697,200. That was an Amendment which was agreed by the committee, reflects a reduction of a hundred and ninety-one thousand six hundred and seventy-seven dollars, which is between the agency's request and the recommended level of the Governor. And I ask for its passage."
"And on that question, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, I appreciate you taking this out of the hour... or out of the record about an hour ago. My concern still exists. I have not in my years of service been through a fiscal crisis as we are now in. I have great confidence in all of you who work untold hours as 231 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 appropriations people. My... my hat is always off to you because you work untold hours. But, I'm sitting here as a Member of this chamber, there is never... there never is... there's never an analysis on the system and there hasn't been and I understand that. But under the old system, we used to have, at least the appropriations people would have the staff analysis on the floor available for us to look at. And that isn't done anymore. So, I guess my concern is, we're being asked to vote on an appropriation Bill that's a substantive appropriation Bill and I don't... I have no frame of reference. I'll... I have great confidence and trust in you, so I guess the only question I can ask, and I'm not sure this is the best way to do the public's business. But at this point, what I'm interested in, is this appropriation less than '02 or more than '02?"
"Exactly at '02's level."
"So, it's the same as."
"It is the identical... Excuse me?"
"The same... it's the same appropriation as it was last year."
"Yes, it is."
"But when we're asking people to take cuts, and furloughs, and we're laying people off, why... I mean if you can explain this to me, and again I defer to your judgement, I defer to your expertise, and I know the hours that you Appropriations Committee Members put in on this. It just doesn't make sense to me when we are furloughing people, laying people off, many of us have already sent back a day's pay, that we would have any state agency at the same appropriation level. Why aren't they being cut?"
"And I'm glad that you asked that question. We met and we also caucused with the Republican Members of our 232 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 appropriation committee. When we're talking about the appellate prosecutors we have reduced the level that they have requested from $4,888,877 down by a hundred ninety-one thousand six hundred and seventy-seven. So, we... we've taken about $200 thousand from their request. Nothing exists in a vacuum, there's some realities. The Appellate Defenders Office is going to be taking on cases from Chicago, increasing that caseload. What that means is the prosecutors have additional work and we don't wanna build that caseload or have too much of a caseload for what they're gonna have to take on. So, we recognize that they had asked for more money and we did make that reduction. Even with the reduction that we made, they will still have a build-up in the caseloads because of what is going to come to them through the appellate defenders, who you'll be hearing their budget request a little bit later. But we did reduce them by about 200 thousand knowing that that will, in most cases, not take care of the pending workload. So, we have been reducing each of the agencies before us and it's been a very painful process, but there's no money to grant the increases. In this situation, we do understand that."
"So, this... this would be a budget at the Governor's introduced level or have you reduced this budget from the Governor's recommendation?"
"Okay. The Governor's recommended level on this... this is about halfway between the Governor's recommended level, and let me give you that number... The Governor did not introduce specific Bills by agencies. The agency itself introduced their request at the $4,000,888 (sic-$4,888,000) level. The target goal for each agency was about 3% reduction. If we took that from the 1992 level, we'd be 233 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 looking at $4,465,000, which would have created a tremendous backlog. So, we have basically met in the middle by agreement with the Republican spokesman and actually all Members of the committee who took part in the process."
"Thank you very much, Representative. So, from what you have told me and our spokesperson has said, this is a no-growth budget that you are sending to the Senate?"
"This is a zero-growth budget..."
"All right."
"... to an agency who is also going to have an increased workload..."
"All right."
"... due to changes that we in the General Assembly made."
"Okay. All right. Representative, I appreciate that and I appreciate our spokesperson coming over. I hope you understand, I'm not trying to second guess any of you on the appropriations process. I respect the huge amount of time you put in, but if we're actually going to vote on substantive budget Bills, I do think everybody on the floor should know how it compares and contrasts with the previous fiscal year, whether or not it's a reduction, whether or not it's a growth. Because if you vote on this and you don't know what's in this Bill, you're gonna hear about it, we all are. 'Cause this is a real difficult budget year. I appreciate the work that you've done, I appreciate the fact that this is a no-growth budget. Thank you very much."
"Representative..."
"And I also extend a thank... as well, who worked on it." 234 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Representative Morrow."
"Yes, thank you, Mr. Speaker, Ladies, and Gentlemen of the House. Can... can we have some order in the chamber? Can we have some order in the chamber, Mr. Speaker? Representative Black brings up a good point, but... and I wish the Members would listen, but unless we as Members demand from our Leadership that we vote on agency budgets, what Representative Black just mentioned, we're already gonna be accused of, because even though we... right now considering agency budgets, agency by agency, when the final sine die is about to fall upon us, we're gonna have a one Bill budget. Because the Leadership with the Governor are gonna sit down after we've made our recommendations on agencies, they're still gonna sit down, make their own revisions, none of us would know what the revisions are and then we're gonna come out here and vote on a single Bill budget. No paper budget, you're gonna be asked to download it to your computer. So, if you wanna make an intelligent vote by the end of May, you need to impress on your Leader, on your side of the aisle, just as we've impressed on our Leader on this side of the aisle, no more single Bill budgets. Ya hear me? Are you listenin' to me? Thank you, Mr. Speaker."
"Representative Mulligan."
"Thank you, Mr. Speaker. To this issue in particular. The object of doing Bills back in... single Bill for a single budget was so that the Members would have more information. Now, it's nice to pass the Bills out, but the Members, rank and file, who aren't on these committees have no information about what is in that Bill. And if we're saying that we're increasing the amount of work for this agency is that because this Body passed a Bill? Does that 235 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 mean the Senate's gonna pass it? So, we're not decreasing their budget like everybody else's. We're just rolling it back to last year's. I would bet that, ya know, half the Members, at least on this floor, have no idea of what goes on and how this money's being spent. So, the object of doing... or going back to Bills that were a single Bill for a single budget rather than an omnibus Bill, which everybody complained about, was so that the Members would have more information. And I doubt seriously, even if we all vote for this, because this is some deal that we've cut to get these Bills out, that any Member or the Members here have no more information of what's in this budget than they had before. So, what's the point of this? I don't understand it. I respect what Representative Mautino's trying to do. As a Minority spokesman of a committee that does these things, this is difficult to do. But I don't think we're accomplishing, by doing what we're doing here, what the Members asked of us to do. So, I have a problem with the way we're doing this with no information. If it can't be on the system, perhaps it should've been in paper the way we used to do it, but at least the Members ought to know what's in here before they're asked to vote on it, because Lord only know how it's gonna come back from the other Body or what's actually gonna be a point that office is going to have to do. So, here we are trying to accomplish something and asking people to vote on something that I would say the majority of the people don't have a clue what's in here."
"Representative McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative Mautino, I just had a question. We 236 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 keep hearing about how these revenue projections are falling short. So, I know that you reduced the General Revenue Fund money that has to go into this agency, but as far as the other funds that fund the agency could you give me some idea as to whether they're meeting the current revenue projections or are they one of those that are falling short? I'll try and be specific. The Office of the State's Attorney Appellate Prosecutors County Fund, we're expecting it to fund us at a level of $2,012,212. Has it met this year's revenue projections? Do you know?"
"To the best of our information, these numbers are accurate and correct. Their projections have not fallen short."
"So, can you say that the..."
"These are... these are based on the fees collected by the agencies and so they are pretty steady, I mean, unless we have a fee increase or something along the way, they can pretty much project from their workload this year to next year..."
"Let's say..."
"... what's gonna be in that fund."
"Let's say my question is, the estimate of where they'd be at the end of March of this fiscal year, did they meet that number?"
"Yes, they have."
"They have. Okay, the Special Federal Grant Project Fund, we're expecting 2,800,000. Is that an increase from last year or a..."
"The numbers which are presented on the Amendment that you're looking at right now are assumed to be valid. And the point with that is, if they, on their side, do not reach those levels, then those monies won't be spent. 237 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Those are dedicated lines which we have no power or control over within that. So, if that money is out there, then, I mean, that's a responsibility of the agency itself."
"So, the money under like the Capital Litigation Trust Fund if it does not reach the level of a million four hundred thousand then that will not be expended? Is there a direct... the... I stick to the bottom now."
"That's right."
"So, if a million four doesn't come in from that fund there'll be a automatic decrease on the spending side, is that true?"
"No, they... that side they can only spend for certain specified areas. It would not have an affect on anything funded by the side which we can control, that's your General Revenue Fund, basically your sales tax, income tax, corporate income tax that make up the GRF."
"And where are the funds in the Capital Litigation Trust Fund, where are they accumulated from?"
"Okay, that is money which is... which is used for, that I believe is used for, is special witnesses' testing, death penalty cases, and that is a transfer from the General Revenue Fund, in that fund."
"And that's in addition to the 4 million or is that...? I mean, it's spelled out here separately, but is it in addition to the 4 million from the General Revenue Fund or is it... it just seemed like you just said now it's from the General Revenue Fund, even though it's expressed here as the Capital Litigation Trust Fund?"
"Okay, the Capital Litigation Trust Fund is a straight GRF transfer of $1.4 million and that's been consistent, I believe that was the sam... pretty much at the same level last year." 238 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Is that in the... so... but that's not included in the earlier number, the 4.697?"
"No."
"So, it's 4.697 in GRF plus that 1.4, correct?"
"Correct."
"All right. Would that be true also about the Special Federal Grant Project Funds? That says 2.8 million and because the way it's termed, I'm hoping that that means those are federal funds that are transferred to us."
"Those are federal funds, yes."
"Okay, and the Narcotic product... Profit Forfeiture Fund, we're expecting to receive a million three hundred fifty thousand from that. Now, is that another one of those where if... if there's not that much forfeiture of narcotics next year..."
"Right, if there's not that much forfeiture that fund would not..."
"... would not be spent..."
"... would not be at the same level."
"All right."
"Would not be spent."
"Thank you for your answers."
"Representative Mautino, could you take his Bill out of the record?"
"Sure, absolutely."
Speaker Hannig: "Thank you Representative. I would advise the Members that there's been a list of Senate Bills that have come over. Some of them have no Sponsors. You may want to review the list and if you're interested pick those Bills up by coming down and informing the Clerk, so that we can get those Bills posted as... when we come back to work next week. Mr. Clerk, would you read House Bill 4338?" 239 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
Clerk Rossi: "House Bill 4338, a Bill for an Act concerning fire protection districts. Third Reading of this House Bill."
"Representative Hartke."
"Thank you very much, Mr. Speaker and Members of the House. House Bill 38... or 4338 is a piece of legislation brought to me by the fire protection districts. Many times when fire alarms are called the fire department sends out their... their fire engines they are false alarms. And this costs, this costs the fire department a lot of money. Not only to fire up the engine but to get those firemen out there at the scene. And then it turns out to be a false alarm. When these false alarms continue to happen repeatedly, it causes a real problem. So what... what this legislation does is it permits fire protection districts to fine those individuals a penalty for causing fire, fire... false fire alarms. I'd be happy to answer any questions."
"Is there any discussion? Representative Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, and I agree with the Bill. I just need to find out. Anytime we deal with fire protection districts in this, in this House, we need to make sure that we include the township fire departments. There's only two in the state and quite often they're not included. Is that..."
"Yeah..."
"... included?"
"You know, Mr. Bost. I gotta apologize, I should have known that. We should have put that in an Amendment. You're absolutely correct. I think this is the last time I handled something like this, I think your district has maybe one township..." 240 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"It only has... there's only two and they're both in my district."
"Two of them in your district, and I apologize. Let me tell you what I'd suggest you do. Talk to a good Senate Sponsor over there and put that on his Amendment, we'll accept the Amendment and kick it over to the Governor's desk."
"That... That's fine. Thank you."
"I apologize, I should have..."
"That's fine. Thank you."
"I should have thought of that."
"Representative Johnson."
"Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, I think you only set forth really half of the provision of this Bill that deals with the civil penalties if you've got a number of false alarms. A... you wanna explain the balance of this Bill that would grant to the fire protection districts the authority to lay out a bunch of requirements on commercial buildings and so on? That was not explained, do you wanna explain that?"
"I do believe that you're concerned about sprinklers and so forth, that would be required to be put in, in certain..."
"Well, yeah, as I read it here the fire protection's districts penalties who repeatedly caused false alarms but also deal with the ability to mandate that owners of commercial buildings, et cetera, get lock boxes, strobe lights, and you name it and have those things installed on the premises. Is it... isn't that part of the Bill, as well?"
"I think those provisions were removed from the Bill 241 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 before it passed committee."
"Okay, well, I just wanna be sure of that. If you're talking about just fines for repeated false alarms now, if that's what it is. Otherwise, I think the Membership should be aware of the other part because that has been very, very onerous on property owners in the municipal areas up in the... especially, in the urban areas where we've seen some really dramatic costs involved in putting a strobe light on, an outside alarm bell to tell the firemen where the door is. Some of it gets a little absurd and it gets to be very expensive. And I just wanna make sure that that's explained in here if that's what the Bill still does."
"Mr. Johnson, I'm looking at the... the enrolled and engrossed Bill here in the House and I don't... I don't see that. And I'm sure..."
"Well, I'm looking at my analysis, Chuck..."
"Yes."
"... and so..."
"Yes, the analysis I'm not sure was correct. There was some concerns that this would be, ya know, requiring the installation of sprinkler systems and all that and that is not in this Bill at all. That was a false presumption, I do believe, on the part of the individual who wrote the analysis."
"Okay. So, that is not in this Bill?"
"No, Sir."
"Okay. Thank you."
"Representative Cowlishaw."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will." 242 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Thank you. Representative Hartke, many, many years ago when I worked for a newspaper in Naperville, I was responsible for making sure the photographer went to whatever were the appropriate places for him to go and take photographs. Now, there is a facility in Naperville that's called Little Friends Incorporated..."
"Little Brands...?"
"Little Friends..."
"Friends, okay."
"... Incorporated. This is one of the largest facilities for the developmentally disabled children and it is not a public entity, it's a private school for the developmentally disabled. They have fire alarms in that building... in that series of buildings, actually, that are far closer together than in other kind of building where there are young people, and some of them are even at lower levels so that they're accessible to people in wheel chairs. I can tell you for a fact that for many years our photographer got to more fires than the fire chief because they get false alarms constantly. Some weeks there are several in one day from the Little Friends Facilities where these developmentally disabled children and young adults are being educated and housed. Now, Representative, we can't ignore one of those fire alarms. We can't assume it's not really a fire, it's just a developmentally disabled child who has mistakenly set off the fire alarm. I cannot imagine why you would want to fine Little Friends for all of those false alarms. Our local fire department, I know, realizes there's quite a cost involved in all of that, but under no condition would they ever want to fail to respond even if it is a false alarm to that kind of a facility. There are also, I am confident, schools with 243 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 very young children in them where you might have the same kind of problem. I am raising this issue in behalf of every place in this state that serves the developmentally disabled. I don't know if this issue's been raised to you before, but it seems to me that any facility that serves people of that... with that kind of disability ought to be exempted from ever having any kind of fine imposed upon them. Can you answer that question for me, please?"
"Representative Cowlishaw, I hear you and I understand exactly where you're coming from. I, too, would be concerned about that. I do have handicap facilities in my district where possible repeated fire alarms could be called. However, most fire department districts encourage with incentives a system of a call-back box where when an alarm is sounded it's not only sounded at the facility but also at the fire station. Correct, there is a capability of a call back that someone from that facility can call that and say, no, this was an inadvertent alarm, a false alarm and then it's called back to make sure that it's not someone else calling this off. There are safeguards into effect. However, I'm not talking about that type of alarm, what I'm talking about is repeated false alarms that happen simply because people do not take care of their fire detection equipment and the fire department has its equipment running out there and so forth, when in reality that's costing the fire department not only money, and time, and manpower and a maybe real fire is occurring on the other side of the district and all their equipment is tied up. This is to encourage those individuals through incentives to use that call-back system and if a... if a company or business does not... does not fix their system then they could be fined." 244 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
"Thank you for the answer to that, but let me just ask this. My staff person tells me that this... as a matter of fact, it doesn't require that these fines be imposed, it only says that they may do so."
"Right."
"So, it is not actually a requirement. However, somehow or other I'm sure we don't want any fire department to inadvertently impose any kind of problem on facilities that are trying to serve the handicapped."
"I... I..."
"Might it be possible in the Senate, I know you don't have time to do that here, now, but I'm really serious about this, Chuck. Would you be willing to consider over in the Senate..."
"Sure. I think..."
"... amending this Bill in some way so that we are confident that under no condition would this apply to any place that serves the developmentally disabled?"
"We would be willing to look at some language. We're gonna be amending it anyway with Mr. Bost's suggestion of including those two townships under this Act. So, that will... that'll be no problem at all. I'd be willing to work with you and the Fire District Association to try to meet your objections. We will try our best."
"Thank you so much, I really appreciate it."
"You're welcome."
"Thank you."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 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 voting 'yes', 0 voting 'no'. And 245 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4936."
"House Bill 4936, a Bill for an Act in relation to criminal law. Third Reading of this House Bill."
"Representative Ryan."
"Thank you, Speaker, Members of the House. This Bill, 4936, merely provides for a revision of the Interstate Compact for Adult Offender Supervision. The current agreement has not been amended since 1937. There is no opposition to this piece of legislation. There's several law enforcement agencies in support. And I request your 'aye' vote."
Speaker Hannig: "Is there any discussion? There being none, the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 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 117 voting 'yes', and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, for announcements. Would you advise the Members on the committees?"
"The following committees will meet immediately after Session: the Constitutional Officers Committee will meet in Room 122-B; the Elementary & Secondary Education Committee will meet in Room 114; the Human Services Committee will meet in D-1; the Registration & Regulation Committee will meet in Room C-1; the Revenue Committee will meet in Room 115; the State Government Committee will meet in Room 118. All these committees will meet immediately after Session. The following committee will meet Thursday at 9 a.m.: that is the Child Support Enforcement Committee in Room 114." 246 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002
Speaker Hannig: "Are there any announcements? Then Representative Lang moves that, allowing perfunctory time for the Clerk, that the House adjourn 'til tomorrow, April 4, at the hour of 10 a.m., 10 a.m. All in favor of the Motion say 'aye'; opposed 'nay'. The 'ayes' have it. And the House stands adjourned."
Clerk Bolin: "The designated hour having arrived, the House Perfunctory Session will come to order. Second Reading of House Bills that will be held on the Order of House Bills-Second Reading. House Bill 4474, a Bill for an Act in relation to family law. Introduction of Resolutions. House Joint Resolution 67, offered by Representative Poe. This Resolution is referred to the House Rules Committee. Introduction of House Bills. House Bill 6279, offered by Representative McCarthy, a Bill for an Act concerning appropriations. First Reading of this House Bill. Introduction of Resolutions. House Resolution 757, offered by Representative Dart; House Resolution 759, offered by Representative Fritchey; House Joint Resolution 69, offered by Representative Bost. These Resolutions are referred to the House Rules Committee. First Reading of Senate Bills. Senate Bill 1530, offered by Representative Hoffman, a Bill for an Act in relation to vehicles. Senate Bill 1531, offered by Representative Feigenholtz, a Bill for an Act to honor and commemorate the victims of the terrorist attacks on September 11, 2001. Senate Bill 1543, offered by Representative Winters, a Bill for an Act concerning taxes. Senate Bill 1552, offered by Representative O'Brien, a Bill for an Act in relation to vehicles. Senate Bill 1556, offered by Representative Pankau, a Bill for an Act concerning airport authorities. Senate Bill 1577, offered by Representative Jim Meyer, a Bill for an Act in relation 247 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 to criminal law. Senate Bill 1582, offered by Representative Parke, a Bill for an Act concerning motor fuel. Senate Bill 1611, offered by Representative Coulson, a Bill for an Act to amend the Illinois Vehicle Code by changing Section 6-106.1. Senate Bill 1622, offered by Representative Saviano, a Bill for an Act creating the Fire Sprinkler Contractor Licensing Act. Senate Bill 1623, offered by Representative Bassi, a Bill for an Act in regard to vehicles. Senate Bill 1638, offered by Representative Lindner, a Bill for an Act in relation to drug courts. Senate Bill 1646, offered by Representative Brunsvold, a Bill for an Act in relation to criminal law. Senate Bill 1649, offered by Representative Hartke, A Bill for an Act concerning petroleum marketing. Senate Bill 1657, offered by Representative Hoffman, a Bill for an Act in relation to vehicles. Senate Bill 1664, offered by Representative Feigenholtz, a Bill for an Act concerning mental health and developmental disabilities. Senate Bill 1683, offered by Representative Mautino, a Bill for an Act in relation to the Metropolitan Water Reclamation District. Senate Bill 1697, offered by Representative Beaubien, a Bill for an Act in relation to trusts. Senate Bill 1701, offered by Representative Burke, a Bill for an Act concerning naprapaths. Senate Bill 1705, offered by Representative Granberg, a Bill for an Act concerning civil procedure. Senate Bill 1706, offered by Representative Holbrook, a Bill for an Act concerning freedom of information. Senate Bill 1707, offered by Representative Jerry Mitchell, a Bill for an Act relating to education. Senate Bill 1713, offered by Representative Garrett, a Bill for an Act in relation to criminal law. Senate Bill 1721, offered by Representative Smith, a Bill for an Act 248 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 concerning liens. Senate Bill 1726, offered by Representative Osterman, a Bill for an Act in relation to vehicles. Senate Bill 1735, offered by Representative Winters, a Bill for an Act concerning park districts. Senate Bill 1752, offered by Representative Franks, a Bill for an Act in relation to vehicles. Senate Bill 1763, offered by Representative Garrett, a Bill for an Act in relation to vehicles. Senate Bill 1803, offered by Representative Hoffman, a Bill for an Act concerning environmental protection. Senate Bill 1808, offered by Representative Hoffman, a Bill for an Act in relation to vehicles. Senate Bill 1839, offered by Representative Osmond, a Bill for an Act concerning insurance. Senate Bill 1851, offered by Representative O'Brien, a Bill for an Act in relation to business transactions. Senate Bill 1932, offered by Representative Joseph Lyons, a Bill for an Act concerning taxes. Senate Bill 1946, offered by Representative Hultgren, a Bill for an Act in relation to courts. Senate Bill 1953, offered by Representative Garrett, a Bill for an Act regarding education. Senate Bill 1966, offered by Representative Mathias, a Bill for an Act in relation to child support. Senate Bill 1971, offered by Representative Hultgren, a Bill for an Act concerning fees. Senate Bill 1983... correction... Senate Bill 2037, offered by Representative Hoffman, a Bill for an Act concerning municipalities. Senate Bill 2052, offered by Representative McCarthy, a Bill for an Act to repeal the Illinois Wine and Spirits Industry Fair Dealing Act of 1999. Senate Bill 2071, offered by Representative Franks, a Bill for an Act concerning disabled adults. Senate Bill 2081, offered by Representative Novak, a Bill for an Act concerning public utilities. Senate Bill 2118, offered by Representative 249 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Cross, a Bill for an Act concerning children's advocacy centers. Senate Bill 2157, offered by Representative Giles, a Bill for an Act in relation to vehicles. Senate Bill 2160, offered by Representative Garrett, a Bill for an Act concerning business practices. Senate Bill 2161, offered by Representative Garrett, a Bill for an Act in relation to vehicles. Senate Bill 2164, offered by Representative Hoffman, a Bill for an Act in relation to vehicles. Senate Bill 2195, offered by Representative Winkel, a Bill for an Act in relation to criminal law. Senate Bill 2201, offered by Representative Mulligan, a Bill for an Act in relation to public aid. Senate Bill 2215, offered by Representative Tenhouse, a Bill for an Act to reenact the Bi-State Transit Safety Act. Senate Bill 2216, offered by Representative Tenhouse, a Bill for an Act concerning finance. Senate Bill 2224, offered by Representative Tenhouse, a Bill for an Act in relation to child support. Senate Bill 2225, offered by Representative Tenhouse, a Bill for an Act in relation to public aid. Senate Bill 2226, offered by Representative Tenhouse, a Bill for an Act in relation to public health. Senate Bill 2241, offered by Representative Schoenberg, a Bill for an Act concerning hospitals. Senate Bill 2245, offered by Representative Saviano, a Bill for an Act concerning insurance. Senate Bill 2319, offered by Representative Mautino, a Bill for an Act concerning taxes. First Reading of these Senate Bills."
"House Bills-Second Reading to be held on the Order of House Bills-Second Reading. House Bill 4475, a Bill for an Act concerning family law. House Bill 4476, a Bill for an Act in relation to support. House Bill 4477, a Bill for an Act in relation to public aid. House Bill 4478, a Bill for an Act in relation to support. House Bill 4479, a Bill 250 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 for an Act in relation to child support. House Bill 4480, a Bill for an Act in relation to the Attorney General. House Bill 4481, a Bill for an Act concerning the Attorney General. House Bill 4482, a Bill for an Act in relation to child support. House Bill 4483, a Bill for an Act in relation to child support. House Bill 4484, a Bill for an Act in relation to urban revitalization. House Bill 4485, a Bill for an Act in relation to urban renewal. House Bill 4486, a Bill for an Act in relation to urban renewal. House Bill 4487, a Bill for an Act in relation to townships. House Bill 4488, a Bill for an Act concerning local government. House Bill 4489, a Bill for an Act in relation to townships. House Bill 4490, a Bill for an Act in relation to county government. House Bill 4491, a Bill for an Act in relation to county government. House Bill 4492, a Bill for an Act in relation to county government. House Bill 4493, a Bill for an Act in relation to health. House Bill 4494, a Bill for an Act in relation to health. House Bill 4495, a Bill for an Act concerning disabled persons. House Bill 4496, a Bill for an Act concerning disabled persons. House Bill 4497, a Bill for an Act in relation to health. House Bill 4498, a Bill for an Act in relation to health. House Bill 4499, a Bill for an Act in relation to animals. House Bill 4500, a Bill for an Act concerning agriculture. House Bill 4501, a Bill for an Act concerning agriculture. House Bill 4502, a Bill for an Act in relation to public employee benefits. House Bill 4503, a Bill for an Act in relation to public employee benefits. House Bill 4504, a Bill for an Act in relation to public employee benefits. House Bill 4505, a Bill for an Act in relation to public employee benefits. House Bill 4507, a Bill for an Act in relation to public employee benefits. House Bill 251 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 4508, a Bill for an Act in relation to public employee benefits. House Bill 4510, a Bill for an Act in relation to public employee benefits. House Bill 4511, a Bill for an Act in relation to public employee benefits. House Bill 4512, a Bill for an Act in relation to public employee benefits. House Bill 4513, a Bill for an Act in relation to public employee benefits. House Bill 4514, a Bill for an Act in relation to public employee benefits. House Bill 4515, a Bill for an Act in relation to public employee benefits. House Bill 4516, a Bill for an Act in relation to public employee benefits. House Bill 4517, a Bill for an Act in relation to public employee benefits. House Bill 4518, a Bill for an Act in relation to public employee benefits. House Bill 4519, a Bill for an Act in relation to public employee benefits. House Bill 4520, a Bill for an Act in relation to public employee benefits. House Bill 4521, a Bill for an Act in relation to public employee benefits. House Bill 4522, a Bill for an Act in relation to public employee benefits. House Bill 4523, a Bill for an Act in relation to public employee benefits. House Bill 4524, a Bill for an Act in relation to public employee benefits. House Bill 4525, a Bill for an Act in relation to public employee benefits. House Bill 4526, a Bill for an Act in relation to public employee benefits. House Bill 4528, a Bill for an Act in relation to public employee benefits. House Bill 4529, a Bill for an Act in relation to public employee benefits. House Bill 4530, a Bill for an Act in relation to public employee benefits. House Bill 4533, a Bill for an Act in relation to health in the workplace. House Bill 4534, a Bill for an Act concerning labor. House Bill 4535, a Bill for an Act in relation to health in the workplace. House Bill 4536, a Bill for an Act 252 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 concerning labor. House Bill 4537, a Bill for an Act concerning employment. House Bill 4538, a Bill for an Act concerning child labor. House Bill 4539, a Bill for an Act in relation to employment. House Bill 4541, a Bill for an Act in relation to employment. House Bill 4542, a Bill for an Act in relation to education. House Bill 4543, a Bill for an Act in relation to labor relations. House Bill 4544, a Bill for an Act in relation to public employee benefits. House Bill 4545, a Bill for an Act in relation to aging. House Bill 4547, a Bill for an Act in relation to criminal law. House Bill 4548, a Bill for an Act in relation to the elderly. House Bill 4549, a Bill for an Act concerning criminal law. House Bill 4510 (sic-4550), a Bill for an Act in relation to gaming. House Bill 4550 (sic-4551), a Bill for an Act in relation to courts. House Bill 4552, a Bill for an Act concerning clerks of courts. House Bill 4553, a Bill for an Act concerning clerks of courts. House Bill 4554, a Bill for an Act concerning criminal law. House Bill 4555, a Bill for an Act in relation to criminal law. House Bill 4556, a Bill for an Act in relation to beverage distribution. House Bill 4557, a Bill for an Act in relation to beverage distribution. House Bill 4558, a Bill for an Act in relation to real property. House Bill 4559, a Bill for an Act in relation to property. House Bill 4560, a Bill for an Act concerning real property. Second Reading of these House Bills to be held on the Order House Bills-Second Reading. House Bill 4561, a Bill for an Act in relation to real property. House Bill 4562, a Bill for an Act in relation to alcohol. House Bill 4564, a Bill for an Act in relation to gambling. House Bill 4565, a Bill for an Act in relation to gambling. House Bill 4566, a Bill for an Act in relation to gaming. House Bill 4567, a Bill for an 253 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Act in relation to gaming. House Bill 4568, a Bill for an Act concerning gambling. House Bill 4569, a Bill for an Act in relation to alcoholic liquor. House Bill 4570, a Bill for an Act in relation to gaming. House Bill 4571, a Bill for an Act in relation to gaming. House Bill 4572, a Bill for an Act in relation to gambling. House Bill 4573, a Bill for an Act in relation to gambling. House Bill 4574, a Bill for an Act in relation to alcohol. House Bill 4575, a Bill for an Act in relation to gambling. House Bill 4576, a Bill for an Act concerning alcoholic liquor. House Bill 4577, a Bill for an Act in relation to gambling. House Bill 4578, a Bill for an Act concerning finance. House Bill 4579, a Bill for an Act concerning finance. House Bill 4580, a Bill for an Act in relation to State Government. House Bill 4581, a Bill for an Act concerning bonds. House Bill 4582, A Bill for an Act concerning bonds. House Bill 4883 (sic-4583), a Bill for an Act concerning bonds. House Bill 4584, a Bill for an Act concerning bonds. House Bill 4585, a Bill for an Act concerning bonds. House Bill 4586, a Bill for an Act concerning bonds. House Bill 4587, a Bill for an Act concerning bonds. House Bill 4588, a Bill for an Act in relation to state finance. House Bill 4589, a Bill for an Act concerning auditing. House Bill 4590, a Bill for an Act concerning the Legislative Audit Commission. House Bill 4591, a Bill for an Act in relation to state finance. House Bill 4592, a Bill for an Act in relation to state finance. House Bill 4593, a Bill for an Act in relation to state finance. House Bill 4594, a Bill for an Act in relation to public bodies. House Bill 4595, a Bill for an Act in relation to administrative procedure. House Bill 4596, a Bill for an Act in relation to administrative procedure. House Bill 4597, a Bill for an Act in relation to 254 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 administrative procedure. House Bill 4598, a Bill for an Act in relation to executive agency reorganization. House Bill 4599, a Bill for an Act in relation to executive agency reorganization. House Bill 4600, a Bill for an Act in relation to executive agencies. House Bill 4601, a Bill for an Act in relation to executive agencies. House Bill 4602, a Bill for an Act in relation to executive agencies. House Bill 4603, a Bill for an Act in relation to executive agencies. House Bill 4604, a Bill for an Act in relation to executive agencies. House Bill 4506 (sic-4605), a Bill for an Act in relation to executive agencies. House Bill 4606, a Bill for an Act in relation to the General Assembly. House Bill 4607, a Bill for an Act in relation to the General Assembly. House Bill 4608, a Bill for an Act in relation to the General Assembly. House Bill 4609, a Bill for an Act in relation to the General Assembly. House Bill 4610, a Bill for an Act in relation to state employees. House Bill 4611, an Act concerning health benefits. House Bill 4612, an Act in relation to governmental ethics. House Bill 4822, a Bill for an Act concerning professional regulations. Second Reading of this House Bill. House Bill 4613, a Bill for an Act in relation to administrative rules. House Bill 4614, a Bill for an Act in relation to state procurement. House Bill 4615, a Bill for an Act concerning space needs. House Bill 4616, a Bill for an Act concerning government contracts. House Bill 4617, a Bill for an Act in relation to freedom of information. House Bill 4618, a Bill for an Act in relation to executive agencies. House Bill 4619, a Bill for an Act concerning banks. House Bill 4620, a Bill for an Act in relation to financial regulation. House Bill 4621, a Bill for an Act in relation to business transactions. House Bill 4622, a Bill 255 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 for an Act in relation to business transactions. House Bill 4623, a Bill for an Act to create the Payday Loan Act. House Bill 4624, a Bill for an Act to create the Payday Loan Act. House Bill 4625, a Bill for an Act concerning electronic fund transfers. House Bill 4626, a Bill for an Act in relation to financial regulation. House Bill 4627, a Bill for an Act in relation to financial regulation. House Bill 4628, a Bill for an Act in relation to education. House Bill 4629, a Bill for an Act in relation to higher education. House Bill 4630, a Bill for an Act in relation to higher education. House Bill 4631, a Bill for an Act relating to higher education. House Bill 4632, a Bill for an Act in relation to higher education. House Bill 4633, a Bill for an Act in relation to education. House Bill 4634, a Bill for an Act in relation to highways. House Bill 4635, a Bill for an Act regarding vehicles. House Bill 4636, a Bill for an Act concerning vehicles. House Bill 4637, a Bill for an Act in relation to vehicles. House Bill 4638, a Bill for an Act with regard to vehicles. House Bill 4639, a Bill for an Act regarding vehicles. House Bill 4640, a Bill for an Act concerning taxes. House Bill 4641, a Bill for an Act in relation to taxation. House Bill 4642, a Bill for an Act concerning environmental protection. House Bill 4643, a Bill for an Act in relation to environmental safety. House Bill 4644, a Bill for an Act concerning environmental protection. House Bill 4645, a Bill for an Act in relation to environmental protection. House Bill 4646, a Bill for an Act concerning environmental protection. House Bill 4647, a Bill for an Act concerning environmental protection. House Bill 4648, a Bill for an Act concerning nuclear safety. House Bill 4649, a Bill for an Act concerning nuclear safety. House Bill 4650, a Bill for an Act concerning 256 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 water. House Bill 4651, a Bill for an Act concerning conservation. House Bill 4652, a Bill for an Act concerning environmental (sic-energy) conservation. House Bill 4653, a Bill for an Act concerning energy conservation. House Bill 4654, a Bill for an Act concerning energy conservation. House Bill 4655, a Bill for an Act in relation to utilities. House Bill 4656, a Bill for an Act concerning nursing home care. House Bill 4657, a Bill for an Act concerning nursing home care. House Bill 4658, a Bill for an Act concerning insurance. House Bill 4659, a Bill for an Act in relation to insurance. House Bill 4660, a Bill for an Act in relation to health care. House Bill 4661, a Bill for an Act in relation to taxation. House Bill 4662, a Bill for an Act in relation to taxes. House Bill 4663, a Bill for an Act concerning taxes. House Bill 4664, a Bill for an Act in relation to taxes. House Bill 4665, a Bill for an Act concerning revenue. House Bill 4666, a Bill for an Act in relation to utilities. House Bill 4667, a Bill for an Act in relation to utilities. House Bill 4668, a Bill for an Act concerning public utilities. House Bill 4669, a Bill for an Act in relation to utilities. House Bill 4670, a Bill for an Act in relation to public utilities. House Bill 4671, a Bill for an Act concerning elder abuse. House Bill 4672, a Bill for an Act concerning aging. House Bill 4673, a Bill for an Act concerning aging. House Bill 4674, a Bill for an Act in relation to health facilities. House Bill 4675, a Bill for an Act in relation to health facilities. House Bill 4676, a Bill for an Act in relation to elections. House Bill 4677, a Bill for an Act in relation to governmental ethics. House Bill 4678, a Bill for an Act concerning ethics. House Bill 4679, a Bill for an Act in relation to elections. House Bill 4680, a Bill for an Act 257 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 in relation to elections. House Bill 4681, a Bill for an Act in relation to elections. House Bill 4682, a Bill for an Act in relation to elections. House Bill 4683, a Bill for an Act concerning elections. House Bill 4684, a Bill for an Act in relation to governmental ethics. House Bill 4685, a Bill for an Act in relation to governmental ethics. House Bill 4686, a Bill for an Act in relation to executive agencies. House Bill 4687, a Bill for an Act concerning the Department of Commerce and Community Affairs. House Bill 4688, a Bill for an Act in relation to executive agencies. House Bill 4689, a Bill for an Act concerning taxation. House Bill 4690, a Bill for an Act in relation to taxes. House Bill 4691, a Bill for an Act in relation to tourism development. House Bill 4692, a Bill for an Act concerning promotion. House Bill 4693, a Bill for an Act in relation to the State Treasurer. House Bill 4694, a Bill for an Act in relation to the State Treasurer. House Bill 4695, a Bill for an Act in relation to the State Treasurer. House Bill 4697, a Bill for an Act to amend the State Comptroller Act. House Bill 4698, a Bill for an Act in relation to the State Comptroller. House Bill 4699, a Bill for an Act concerning supported employment. House Bill 4700, a Bill for an Act in a relation to the Secretary of State. House Bill 4701, a Bill for an Act in relation to the Secretary of State. House Bill 4702, a Bill for an Act regarding the Attorney General. House Bill 4703, a Bill for an Act concerning the Attorney General. House Bill 4704, a Bill for an Act with regard to the Attorney General. House Bill 4705, a Bill for an Act with regard to the Attorney General. House Bill 4706, a Bill for an Act regarding the Attorney General. House Bill 4707, a Bill for an Act concerning the Attorney General. House Bill 4708, a Bill for an Act concerning the 258 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Attorney General. House Bill 4709, a Bill for an Act in relation to the Attorney General. House Bill 4710, a Bill for an Act concerning the Attorney General. House Bill 4711, a Bill for an Act in relation to the Attorney General. House Bill 4712, a Bill for an Act concerning veterans. House Bill 4713, a Bill for an Act in relation to veterans homes. House Bill 4714, a Bill for an Act in relation to airports. House Bill 4715, a Bill for an Act in relation to airports. House Bill 4716, a Bill for an Act in relation to airports. House Bill 4717, a Bill for an Act in relation to airports. House Bill 4718, a Bill for an Act in relation to airports. House Bill 4719, a Bill for an Act regarding aircraft. House Bill 4720, a Bill for an Act in relation to business transactions. House Bill 4721, a Bill for an Act in relation to business transactions. House Bill 4722, a Bill for an Act concerning insurance. House Bill 4723, a Bill for an Act concerning insurance. House Bill 4724, a Bill for an Act in relation to insurance. House Bill 4725, a Bill for an Act concerning insurance. House Bill 4728, a Bill for an Act in relation to education. House Bill 4729, a Bill for an Act in relation to education. House Bill 4730, a Bill for an Act in relation to prescription drugs. House Bill 4731, a Bill for an Act concerning public health. House Bill 4732, a Bill for an Act concerning the Department of Public Health. House Bill 4733, a Bill for an Act in relation to prescription drugs. House Bill 4734, a Bill for an Act concerning families. House Bill 4735, a Bill for an Act in relation to children. House Bill 4736, a Bill for an Act in relation to public aid. House Bill 4737, a Bill for an Act in relation to human services. House Bill 4738, a Bill for an Act in relation to public aid. House Bill 4739, a Bill for an Act 259 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 in relation to public aid. House Bill 4740, a Bill for an Act in relation to public aid. House Bill 4741, a Bill for an Act in relation to child care. House Bill 4742, a Bill for an Act in relation to child care. House Bill 4743, a Bill for an Act in relation to human services. House Bill 4744, a Bill for an Act in relation to human services. House Bill 4745, a Bill for an Act relating to children's health insurance. House Bill 4746, a Bill for an Act in relation to insurance. House Bill 4747, a Bill for an Act in relation to human services. House Bill 4748, a Bill for an Act concerning conservation. House Bill 4749, a Bill for an Act in relation to waterways. House Bill 4750, a Bill for an Act concerning development. House Bill 4751, a Bill for an Act concerning development. House Bill 4752, a Bill for an Act concerning wetlands. House Bill 4753, a Bill for an Act concerning wetlands. House Bill 4754, a Bill for an Act concerning open lands. House Bill 4755, a Bill for an Act concerning conservation. House Bill 4756, a Bill for an Act in relation to wildlife. House Bill 4757, a Bill for an Act in relation to wildlife. House Bill 4758, a Bill for an Act in relation to education. House Bill 4759, a Bill for an Act in relation to education. House Bill 4760, a Bill for an Act in relation to education. House Bill 4761, a Bill for an Act in relation to education. House Bill 4763, a Bill for an Act regarding schools. House Bill 4765, a Bill for an Act relating to education. House Bill 4766, a Bill for an Act in relation to education. House Bill 4767, a Bill for an Act in relation to education. House Bill 4768, a Bill for an Act in relation to education. House Bill 4769, a Bill for an Act in relation to education. House Bill 4770, a Bill for an Act relating to schools. House Bill 4771, a Bill for an Act concerning cemeteries. 260 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 House Bill 4772, a Bill for an Act in relation to local governments. House Bill 4773, a Bill for an Act in relation to local governments. House Bill 4774, a Bill for an Act concerning mass transit. House Bill 4775, a Bill for an Act concerning mass transit. House Bill 4776, a Bill for an Act in relation to the Metropolitan Water Reclamation District. House Bill 4777, a Bill for an Act in relation to the Metropolitan Water Reclamation District. House Bill 4778, a Bill for an Act in relation to sanitary districts. House Bill 4779, a Bill for an Act concerning sanitary districts. House Bill 4780, a Bill for an Act in relation to park districts. House Bill 4781, a Bill for an Act in relation to park districts. House Bill 4782, a Bill for an Act in relation to downstate forest preserve districts. House Bill 4783, a Bill for an Act concerning conservation. House Bill 4784, a Bill for an Act concerning conservation. House Bill 4785, a Bill for an Act concerning museum districts. House Bill 4786, a Bill for an Act concerning museums. House Bill 4787, a Bill for an Act in relation to sports facilities. House Bill 4788, a Bill for an Act in relation to sports facilities. House Bill 4789, a Bill for an Act in relation to local government. House Bill 4790, a Bill for an Act in relation to local government. House Bill 4791, a Bill for an Act concerning municipalities. House Bill 4792, a Bill for an Act in relation to municipal government. House Bill 4793, a Bill for an Act in relation to municipal government. House Bill 4794, a Bill for an Act in relation to municipal government. House Bill 4795, a Bill for an Act concerning plan commissions. House Bill 4796, a Bill for an Act concerning municipalities. House Bill 4797, a Bill for an Act concerning municipalities. House Bill 4798, a Bill for an Act concerning taxes. House Bill 4799, a Bill 261 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 for an Act concerning taxes. House Bill 4800, a Bill for an Act in relation to taxation. House Bill 4801, a Bill for an Act related to taxation. House Bill 4802, a Bill for an Act with respect to taxes. House Bill 4803, a Bill for an Act in relation to income taxes. House Bill 4804, a Bill for an Act in relation to taxation. House Bill 4805, a Bill for an Act in relation to taxes. House Bill 4806, a Bill for an Act concerning taxes. House Bill 4807, a Bill for an Act in relation to taxes. House Bill 4808, a Bill for an Act in relation to property taxes. House Bill 4809, a Bill for an Act in relation to taxation. House Bill 4810, a Bill for an Act concerning taxes. House Bill 4811, a Bill for an Act concerning citizen benefits. House Bill 4812, a Bill for an Act in relation to senior citizens and disabled persons. House Bill 4813, a Bill for an Act in relation to taxes. House Bill 4814, a Bill for an Act in relation to taxation. House Bill 4815, a Bill for an Act in relation to taxation. House Bill 4816, a Bill for an Act in relation to taxes. House Bill 4817, a Bill for an Act with respect to taxation. House Bill 4818, a Bill for an Act concerning taxation. House Bill 4819, a Bill for an Act in relation to taxes. House Bill 4820, a Bill for an Act in relation to taxation. House Bill 4821, a Bill for an Act in relation to taxation. House Bill 4823, a Bill for an Act in relation to criminal law. House Bill 4824, a Bill for an Act in relation to vehicles. House Bill 4825, a Bill for an Act in relation to videotaped conferences (sic-confessions). House Bill 4826, a Bill for an Act in relation to videotaped confessions. House Bill 4827, a Bill for an Act in relation to criminal law. House Bill 4828, a Bill for an Act in relation to criminal law. House Bill 4829, a Bill for an Act in relation to the elderly. House Bill 4830, a Bill for 262 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 an Act in relation to criminal law. House Bill 4831, a Bill for an Act in relation to criminal law. House Bill 4832, a Bill for an Act in relation to criminal law. House Bill 4833, a Bill for an Act in relation to firearms. House Bill 4834, a Bill for an Act in relation to public safety. House Bill 4835, a Bill for an Act in relation to criminal law. House Bill 4836, a Bill for an Act in relation to criminal law. House Bill 4837, a Bill for an Act concerning corrections. House Bill 4838, a Bill for an Act in relation to criminal law. House Bill 4839, a Bill for an Act in relation to criminal law. House Bill 4840, a Bill for an Act in relation to criminal law. House Bill 4841, a Bill for an Act in relation to criminal law. House Bill 4842, a Bill for an Act in relation to criminal law. House Bill 4843, a Bill for an Act concerning juveniles. House Bill 4844, a Bill for an Act in relation to minors. House Bill 4845, a Bill for an Act concerning privacy. House Bill 4846, A Bill for an Act concerning premises liability. House Bill 4847, a Bill for an Act in relation to civil procedure. House Bill 4848, a Bill for an Act in relation to civil procedure. House Bill 4849, a Bill for an Act in relation to civil procedure. House Bill 4850, a Bill for an Act in relation to civil procedure. House Bill 4851, a Bill for an Act in relation to property. House Bill 4852, a Bill for an Act relating to commercial transactions. House Bill 4853, a Bill for an Act concerning the Uniform Commercial Code. House Bill 4854, a Bill for an Act in relation to liens. House Bill 4855, a Bill for an Act concerning family law. House Bill 4856, a Bill for an Act in relation to families. House Bill 4857, a Bill for an Act in relation to courts. House Bill 4858, a Bill for an Act regarding business corporations. House Bill 4859, a Bill for an Act 263 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 concerning business corporations. House Bill 4860, a Bill for an Act concerning privacy. House Bill 4861, a Bill for an Act concerning the regulation of professions. House Bill 4862, a Bill for an Act concerning the regulation of professions. House Bill 4863, a Bill for an Act concerning professional regulation. House Bill 4864, a Bill for an Act in relation to the regulation of professions. House Bill 4865, a Bill for an Act in relation to the regulation of professions. House Bill 4866, a Bill for an Act in relation to the regulation of professions. House Bill 4867, a Bill for an Act in relation to the regulation of professions. House Bill 4868, a Bill for an Act concerning professional regulation. House Bill 4869, a Bill for an Act in relation to the regulation of professions. House Bill 4871, a Bill for an Act in relation to the regulation of professions. House Bill 4872, a Bill for an Act concerning the regulation of professions. House Bill 4874, a Bill for an Act concerning the regulation of professions. House Bill 4875, a Bill for an Act in relation to the regulation of professions. House Bill 4876, a Bill for an Act concerning the regulation of professions. House Bill 4877, a Bill for an Act in relation to the regulation of professions. House Bill 4878, a Bill for an Act concerning roofing. House Bill 4879, a Bill for an Act concerning the regulation of professions. House Bill 4880, a Bill for an Act in relation to the regulation of professions. House Bill 4881, a Bill for an Act concerning the regulation of professions. House Bill 4882, a Bill for an Act in relation to elections. House Bill 4883, a Bill for an Act concerning the environment. House Bill 5016, a Bill for an Act concerning the Historic Preservation Agency. House Bill 5017, a Bill for an Act concerning the Historic Preservation Agency. 264 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 House Bill 5018, a Bill for an Act in relation to sports facilities. House Bill 5019, a Bill for an Act in relation to agriculture. House Bill 5020, a Bill for an Act in relation to gaming. House Bill 5021, a Bill for an Act in relation to agriculture. House Bill 5022, a Bill for an Act in relation to agriculture. House Bill 5026, a Bill for an Act concerning agriculture. House Bill 5027, a Bill for an Act concerning grain. House Bill 5028, a Bill for an Act in relation to agriculture. House Bill 5029, a Bill for an Act concerning agriculture. House Bill 5032, a Bill for an Act in relation to endangered species. House Bill 5033, a Bill for an Act in relation to wildlife. House Bill 5035, a Bill for an Act in relation to animals. House Bill 5036, a Bill for an Act concerning aquatic life. House Bill 5037, a Bill for an Act in relation to forestry. House Bill 5038, a Bill for an Act concerning land conservation. House Bill 5039, a Bill for an Act concerning conservation. House Bill 5040, a Bill for an Act in relation to lakes. House Bill 5041, a Bill for an Act concerning emergency management. House Bill 5042, a Bill for an Act concerning family farmers. House Bill 5044, a Bill for an Act concerning natural resources. House Bill 5045, a Bill for an Act concerning natural resources. House Bill 5046, a Bill for an Act concerning forestry. House Bill 5047, a Bill for an Act concerning state parks. House Bill 5048, a Bill for an Act concerning open lands. House Bill 5050, a Bill for an Act concerning alternate fuels. House Bill 5051, a Bill for an Act in relation to state finance. House Bill 5052, a Bill for an Act in relation to taxation. House Bill 5053, a Bill for an Act concerning animal welfare. House Bill 5055, a Bill for an Act concerning conservation. House Bill 5057, a Bill for an Act concerning forest preserves. House Bill 5058, a Bill 265 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 for an Act in relation to executive agencies. House Bill 5059, a Bill for an Act in relation to executive agencies. House Bill 5060, a Bill for an Act concerning wetlands. House Bill 5061, a Bill for an Act in relation to municipal government. House Bill 5062, a Bill for an Act concerning conservation. House Bill 5063, a Bill for an Act concerning conservation. House Bill 5065, a Bill for an Act concerning land management. House Bill 5066, a Bill for an Act concerning wastewater disposal. House Bill 5068, a Bill for an Act concerning redevelopment. House Bill 5069, a Bill for an Act concerning economic development. House Bill 5070, a Bill for an Act concerning conservation. House Bill 5071, a Bill for an Act concerning conservation. House Bill 5072, a Bill for an Act concerning the recreational use of land and water areas. House Bill 5073, a Bill for an Act concerning economic development. House Bill 5074, a Bill for an Act in relation to property taxes. House Bill 5075, a Bill for an Act concerning open space lands. House Bill 5076, a Bill for an Act in relation to child support. House Bill 5077, a Bill for an Act concerning family law. House Bill 5078, a Bill for an Act concerning family law. House Bill 5079, a Bill for an Act in relation to public aid. House Bill 5080, a Bill for an Act in relation to support. House Bill 5081, a Bill for an Act concerning tourism. House Bill 5083, a Bill for an Act in relation to tourism development. House Bill 5084, a Bill for an Act concerning museum districts. House Bill 5085, a Bill for an Act concerning state audits. House Bill 5086, a Bill for an Act in relation to the Attorney General. House Bill 5087, a Bill for an Act in relation to the State Treasurer. House Bill 5088, a Bill for an Act in relation to the State Comptroller. House Bill 5089, a Bill for an Act in relation 266 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 to the Secretary of State. House Bill 5090, a Bill for an Act with regard to vehicles. House Bill 5092, a Bill for an Act in relation to real property. House Bill 5093, a Bill for an Act in relation to family law. House Bill 5094, a Bill for an Act concerning family law. House Bill 5095, a Bill for an Act in relation to real property. House Bill 5096, a Bill for an Act in relation to trusts. House Bill 5098, a Bill for an Act in relation to local government. House Bill 5099, a Bill for an Act concerning family law. House Bill 5100, a Bill for an Act relating to commercial transactions. House Bill 5101, a Bill for an Act in relation to family law. House Bill 5102, a Bill for an Act in relation to trusts. House Bill 5103, a Bill for an Act in relation to civil liability. House Bill 5104, a Bill for an Act concerning probate law. House Bill 5105, a Bill for an Act in relation to civil immunities. House Bill 5106, a Bill for an Act in relation to local government. House Bill 5107, a Bill for an Act concerning the courts. House Bill 5108, a Bill for an Act in relation to real property. House Bill 5109, a Bill for an Act in relation to child care. House Bill 5111, a Bill for an Act in relation to estates. House Bill 5112, a Bill for an Act in relation to human rights. House Bill 5113, a Bill for an Act in relation to minors. House Bill 5114, a Bill for an Act concerning the courts. House Bill 5116, a Bill for an Act concerning child care. House Bill 5117, a Bill for an Act concerning hospital liens. House Bill 5119, a Bill for an Act concerning motor vehicles. House Bill 5120, a Bill for an Act concerning children's health. House Bill 5121, a Bill for an Act concerning surrogate decision makers. House Bill 5122, a Bill for an Act in relation to liens. House Bill 5124, a Bill for an Act in relation to real property. House 267 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill 5125, a Bill for an Act in relation to civil procedure. House Bill 5127, a Bill for an Act concerning freedom of information. House Bill 5128, a Bill for an Act concerning open meetings. House Bill 5129, a Bill for an Act in relation to public bodies. House Bill 5130, a Bill for an Act concerning freedom of information. House Bill 5131, a Bill for an Act in relation to freedom of information. House Bill 5132, a Bill for an Act in relation to civil procedure. House Bill 5133, a Bill for an Act in relation to civil procedure. House Bill 5134, a Bill for an Act in relation to civil procedure. House Bill 5136, a Bill for an Act concerning real property. House Bill 5137, a Bill for an Act in relation to property. House Bill 5138, a Bill for an Act concerning family law. House Bill 5139, a Bill for an Act in relation to families. House Bill 5144 (sic-5140), a Bill for an Act in relation to child support. House Bill 5142, a Bill for an Act concerning civil procedure. House Bill 5144, a Bill for an Act in relation to employment. House Bill 5145, a Bill for an Act in relation to unemployment insurance. House Bill 5146, a Bill for an Act in relation to unemployment insurance. House Bill 5147, a Bill for an Act in relation to health in the workplace. House Bill 5149, a Bill for an Act in relation to executive agencies. House Bill 5150, a Bill for an Act in relation to executive agencies. House Bill 5151, a Bill for an Act in relation to education. House Bill 5152, a Bill for an Act in relation to economic development. House Bill 5153, a Bill for an Act in relation to local governments. House Bill 5154, a Bill for an Act concerning economic development. House Bill 5155, a Bill for an Act concerning economic development. House Bill 5157, a Bill for an Act concerning economic development. House Bill 268 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 5158, a Bill for an Act in relation to taxation. House Bill 5159, a Bill for an Act in relation to executive agencies. House Bill 5160, a Bill for an Act concerning public health. House Bill 5161, an Act in relation to taxation. House Bill 5162, an Act in relation to alcohol. Second Reading of these House Bills to be held on the Order of House Bills-Second Reading."
"House Bill 5165, a Bill for an Act in relation to gambling. House Bill 5167, a Bill for an Act in relation to gambling. House Bill 5168, a Bill for an Act in relation to public employee benefits. House Bill 5169, a Bill for an Act in relation to public employee benefits. House Bill 5170, a Bill for an Act in relation to public employee benefits. House Bill 5171, a Bill for an Act in relation to public employee benefits. House Bill 5176, a Bill for an Act in relation to public employee benefits. House Bill 5183, a Bill for an Act in relation to public employee benefits. House Bill 5184, a Bill for an Act in relation to public employee benefits. House Bill 5185, a Bill for an Act in relation to public employee benefits. House Bill 5186, a Bill for an Act in relation to public employee benefits. House Bill 5187, a Bill for an Act in relation to public employee benefits. House Bill 5188, a Bill for an Act in relation to public employee benefits. House Bill 5189, a Bill for an Act in relation to public employee benefits. House Bill 5190, a Bill for an Act in relation to public employee benefits. House Bill 5200, a Bill for an Act concerning families. House Bill 5201, a Bill for an Act in relation to children. House Bill 5202, a Bill for an Act in relation to health. House Bill 5203, a Bill for an Act in relation to mental health. House Bill 5204, a Bill for an Act in relation to mental health. House Bill 5205, a 269 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill for an Act in relation to mental health. House Bill 5206, a Bill for an Act in relation to mental health. House Bill 5207, a Bill for an Act in relation to health. House Bill 5208, a Bill for an Act in relation to health. House Bill 5209, a Bill for an Act in relation to health. House Bill 5210, a Bill for an Act in relation to mental health. House Bill 5211, a Bill for an Act in relation to mental health. House Bill 5218, a Bill for an Act in relation to health facilities. House Bill 5219, a Bill for an Act concerning long-term care facilities. House Bill 5220, a Bill for an Act concerning mental health and developmental disabilities. House Bill 5221, a Bill for an Act concerning health services. House Bill 5222, a Bill for an Act in relation to vehicles. House Bill 5223, a Bill for an Act with regard to vehicles. House Bill 5224, a Bill for an Act in regard to vehicles. House Bill 5225, a Bill for an Act in regard to vehicles. House Bill 5226, a Bill for an Act regarding airports. House Bill 5227, a Bill for an Act in relation to airports. House Bill 5228, a Bill for an Act in relation to airports. House Bill 5229, a Bill for an Act in relation to airports. House Bill 5230, a Bill for an Act concerning airports. House Bill 5231, a Bill for an Act in relation to highways. House Bill 5232, a Bill for an Act concerning highways. House Bill 5233, a Bill for an Act in relation to highways. House Bill 5234, a Bill for an Act with regard to highways. House Bill 5235, a Bill for an Act concerning highways. House Bill 5236, a Bill for an Act in relation to state finance. House Bill 5237, a Bill for an Act in relation to state finance. House Bill 5238, a Bill for an Act regarding finance. House Bill 5239, a Bill for an Act regarding transportation. House Bill 5240, a Bill for an Act in relation to transportation. House Bill 5241, 270 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 a Bill for an Act concerning public transportation. House Bill 5242, a Bill for an Act in relation to vehicles. House Bill 5243, a Bill for an Act in regard to vehicles. House Bill 5245, a Bill for an Act in regard to vehicles. House Bill 5246, a Bill for an Act regarding vehicles. House Bill 5248, a Bill for an Act with regard to vehicles. House Bill 5249, a Bill for an Act in relation to vehicles. House Bill 5250, a Bill for an Act regarding vehicles. House Bill 5251, a Bill for an Act in relation to boats. House Bill 5252, a Bill for an Act in regard to vehicles. House Bill 5253, a Bill for an Act in relation to vehicles. House Bill 5254, a Bill for an Act with regard to vehicles. House Bill 5255, a Bill for an Act regarding vehicles. House Bill 5259, a Bill for an Act concerning professional regulation. House Bill 5260, a Bill for an Act in relation to the regulation of professions. House Bill 5265, a Bill for an Act concerning accounting. House Bill 5267, a Bill for an Act concerning the regulation of professions. House Bill 5271, a Bill for an Act in relation to hospitals. House Bill 5275, a Bill for an Act concerning professional regulation. House Bill 5278, a Bill for an Act in relation to the regulation of professions. House Bill 5279, a Bill for an Act concerning professional regulation. House Bill 5281, a Bill for an Act in relation to the regulation of professions. House Bill 5282, a Bill for an Act concerning professional regulation. House Bill 5287, a Bill for an Act in relation to the regulation of professions. House Bill 5288, a Bill for an Act concerning professional regulation. House Bill 5291, a Bill for an Act in relation to the regulation of professions. House Bill 5292, a Bill for an Act in relation to the regulation of professions. House Bill 5295, a Bill for an Act concerning professional 271 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 regulation. House Bill 5296, a Bill for an Act in relation to the regulation of professions. House Bill 5297, a Bill for an Act concerning the regulation of professions. House Bill 5298, a Bill for an Act in relation to aging. House Bill 5299, a Bill for an Act concerning aging. House Bill 5300, a Bill for an Act concerning elder abuse. House Bill 5301, a Bill for an Act in relation to aging. House Bill 5303, a Bill for an Act in relation to aging. House Bill 5304, a Bill for an Act in relation to elderly persons. House Bill 5305, a Bill for an Act concerning the Comprehensive Health Insurance Plan. House Bill 5306, a Bill for an Act concerning insurance. House Bill 5307, a Bill for an Act in relation to insurance. House Bill 5308, a Bill for an Act in relation to insurance. House Bill 5309, a Bill for an Act concerning insurance. House Bill 5310, a Bill for an Act in relation to insurance. House Bill 5311, a Bill for an Act in relation to insurance. House Bill 5312, a Bill for an Act concerning insurance. House Bill 5313, a Bill for an Act in relation to state employees. House Bill 5314, a Bill for an Act relating to state employee benefits. House Bill 5315, a Bill for an Act concerning public health. House Bill 5316, a Bill for an Act in relation to executive agencies. House Bill 5317, a Bill for an Act in relation to health facilities. House Bill 5318, a Bill for an Act in relation to health care. House Bill 5319, a Bill for an Act concerning nursing homes. House Bill 5320, a Bill for an Act in relation to health care. House Bill 5321, a Bill for an Act in relation to public aid. House Bill 5322, a Bill for an Act concerning assistance to citizens. House Bill 5323, a Bill for an Act in relation to taxes. House Bill 5324, a Bill for an Act concerning citizen benefits. House Bill 5325, a 272 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill for an Act in relation to public aid. House Bill 5326, a Bill for an Act in relation to public aid. House Bill 5327, a Bill for an Act in relation to public aid. House Bill 5328, a Bill for an Act in relation to public aid. House Bill 5329, a Bill for an Act in relation to public aid. House Bill 5334, a Bill for an Act in relation to tobacco. House Bill 5335, a Bill for an Act in relation to tobacco. House Bill 5338, a Bill for an Act concerning children's health programs. House Bill 5339, a Bill for an Act in relation to insurance. House Bill 5340, a Bill for an Act relating to children's health insurance. House Bill 5341, a Bill for an Act in relation to health services. House Bill 5342, a Bill for an Act relating to education. House Bill 5344, a Bill for an Act relating to schools. House Bill 5345, a Bill for an Act in relation to education. House Bill 5346, a Bill for an Act concerning education. House Bill 5349, a Bill for an Act in relation to education. House Bill 5350, A Bill for an Act concerning education. House Bill 5351, a Bill for an Act concerning bonds. House Bill 5352, a Bill for an Act concerning taxes. House Bill 5353, a Bill for an Act in relation to education. House Bill 5357, a Bill for an Act relating to schools. House Bill 5358, a Bill for an Act regarding education. House Bill 5363, a Bill for an Act in relation to the Metropolitan Water Reclamation District. House Bill 5365, a Bill for an Act concerning local government. House Bill 5366, a Bill for an Act in relation to property. House Bill 5367, a Bill for an Act in relation to real property. House Bill 5368, a Bill for an Act in relation to townships. House Bill 5369, a Bill for an Act in relation to townships. House Bill 5370, a Bill for an Act concerning local government. House Bill 5371, a Bill for an Act in 273 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 relation to county government. House Bill 5372, a Bill for an Act in relation to county government. House Bill 5374, a Bill for an Act concerning municipalities. House Bill 5375, a Bill for an Act in relation to municipal government. House Bill 5376, a Bill for an Act in relation to municipal government. House Bill 5377, a Bill for an Act in relation to education. House Bill 5382, a Bill for an Act in relation to education. House Bill 5383, a Bill for an Act concerning bonds. House Bill 5384, a Bill for an Act concerning taxes. House Bill 5385, a Bill for an Act concerning bonds. House Bill 5392, a Bill for an Act regarding schools. House Bill 5393, a Bill for an Act relating to education. House Bill 5394, a Bill for an Act in relation to the Illinois lottery. House Bill 5395, a Bill for an Act concerning debt management services. House Bill 5396, a Bill for an Act in relation to loans. House Bill 5397, a Bill for an Act in relation to criminal law. House Bill 5398, a Bill for an Act in relation to credit and debit cards. House Bill 5399, a Bill for an Act to create the Payday Loan Act. House Bill 5400, a Bill for an Act to create the Predatory Lending Act. House Bill 5401, a Bill for an Act concerning business transactions. House Bill 5402, a Bill for an Act concerning sales finance agencies. House Bill 5403, a Bill for an Act concerning the sale and issuances of payment instruments. House Bill 5404, a Bill for an Act concerning foreign banking offices. House Bill 5405, a Bill for an Act concerning residential mortgages. House Bill 5406, a Bill for an Act to amend the Corporate Fiduciary Act. House Bill 5407, a Bill for an Act in relation to financial regulation. House Bill 5408, a Bill for an Act concerning consumer deposit accounts. House Bill 5409, a Bill for an Act concerning pawnbrokers. House 274 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill 5410, a Bill for an Act in relation to financial regulation. House Bill 5411, a Bill for an Act in relation to financial regulation. House Bill 5414, a Bill for an Act concerning banks. House Bill 5415, a Bill for an Act concerning business transactions. House Bill 5416, a Bill for an Act concerning business transactions. House Bill 5417, a Bill for an Act in relation to business transactions. House Bill 5421, a Bill for an Act in relation to property. House Bill 5422, a Bill for an Act in relation to property. House Bill 5423, a Bill for an Act in relation to real property. House Bill 5424, a Bill for an Act in relation to trusts. House Bill 5425, a Bill for an Act concerning the Department of Public Health. House Bill 5426, a Bill for an Act concerning the Department of Public Health. House Bill 5427, a Bill for an Act in relation to public health. House Bill 5430, a Bill for an Act concerning public health. House Bill 5431, a Bill for an Act concerning health care availability. House Bill 5432, a Bill for an Act in relation to public health. House Bill 5433, a Bill for an Act in relation to public health. House Bill 5434, a Bill for an Act in relation to public safety. House Bill 5436, a Bill for an Act concerning emergency management. House Bill 5437, a Bill for an Act concerning emergency management. House Bill 5438, a Bill for an Act in relation to public safety. House Bill 5439, a Bill for an Act in relation to minors. House Bill 5440, a Bill for an Act in relation to minors. House Bill 5441, a Bill for an Act concerning firearms. House Bill 5442, a Bill for an Act in relation to firearms. House Bill 5443, a Bill for an Act in relation to criminal law. House Bill 5444, a Bill for an Act in relation to criminal law. House Bill 5445, a Bill for an Act concerning corrections. House Bill 5446, a Bill 275 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 for an Act in relation to criminal law. House Bill 5447, a Bill for an Act concerning elections. House Bill 5448, a Bill for an Act concerning elections. House Bill 5449, a Bill for an Act in relation to elections. House Bill 5450, a Bill for an Act in relation to elections. House Bill 5451, a Bill for an Act in relation to elections. House Bill 5453, a Bill for an Act in relation to criminal law. House Bill 5454, a Bill for an Act in relation to criminal law. House Bill 5455, a Bill for an Act concerning criminal penalties. House Bill 5456, a Bill for an Act concerning government employee benefits. House Bill 5458, a Bill for an Act concerning certain land. House Bill 5459, a Bill for an Act in relation to executive agencies. House Bill 5460, a Bill for an Act in relation to state procurement. House Bill 5462, a Bill for an Act concerning taxes. House Bill 5463, a Bill for an Act regarding taxes. House Bill 5464, a Bill for an Act in relation to financial regulation. House Bill 5465, a Bill for an Act in relation to financial regulation. House Bill 5466, a Bill for an Act in relation to property taxes. House Bill 5467, a Bill for an Act in relation to taxes. House Bill 5468, a Bill for an Act in relation to taxes. House Bill 5469, a Bill for an Act in relation to taxes. House Bill 5470, a Bill for an Act in relation to taxes. House Bill 5471, a Bill for an Act in relation to taxes. House Bill 5476, a Bill for an Act in relation to taxation. House Bill 5477, a Bill for an Act in relation to taxes. House Bill 5478, a Bill for an Act in relation to taxes. House Bill 5479, a Bill for an Act in relation to employment. House Bill 5480, a Bill for an Act concerning employment. House Bill 5482, a Bill for an Act in relation to business transactions. House Bill 5484, a Bill for an Act in relation to financial regulation. House 276 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill 5486, a Bill for an Act concerning business transactions. House Bill 5487, a Bill for an Act concerning business transactions. House Bill 5488, a Bill for an Act concerning telephone solicitation. House Bill 5489, a Bill for an Act concerning tobacco. House Bill 5490, a Bill for an Act concerning fireworks. House Bill 5493, a Bill for an Act in relation to alcohol. House Bill 5494, a Bill for an Act in relation to business transactions. House Bill 5495, a Bill for an Act concerning business transactions. House Bill 5496, a Bill for an Act in relation to insurance. House Bill 5497, a Bill for an Act concerning insurance. House Bill 5498, a Bill for an Act in relation to insurance. House Bill 5499, a Bill for an Act concerning insurance. House Bill 5500, a Bill for an Act in relation to insurance. House Bill 5501, a Bill for an Act concerning the Comprehensive Health Insurance Plan. House Bill 5502, a Bill for an Act in relation to state employees. House Bill 5503, a Bill for an Act with respect to education. House Bill 5506, a Bill for an Act concerning the military. House Bill 5507, a Bill for an Act concerning military property. House Bill 5508, a Bill for an Act concerning military leave of absence. House Bill 5509, a Bill for an Act concerning the military. House Bill 5510, a Bill for an Act concerning the military. House Bill 5513, a Bill for an Act in relation to education. House Bill 5514, a Bill for an Act concerning education. House Bill 5515, a Bill for an Act relating to education. House Bill 5516, a Bill for an Act in relation to veterans homes. House Bill 5517, a Bill for an Act in relation to veterans homes. House Bill 5518, a Bill for an Act regarding vehicles. House Bill 5521, a Bill for an Act concerning veterans. House Bill 5522, a Bill for an Act concerning veterans. House Bill 5523, a 277 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Bill for an Act in relation to veterans homes. House Bill 5524, a Bill for an Act concerning child care. House Bill 5525, a Bill for an Act in relation to the regulation of professions. House Bill 5526, a Bill for an Act in relation to insurance. House Bill 5527, a Bill for an Act concerning family law. House Bill 5528, a Bill for an Act in relation to minors. House Bill 5529, a Bill for an Act in relation to minors. House Bill 5530, a Bill for an Act relating to higher education. House Bill 5531, a Bill for an Act in relation to education. House Bill 5532, a Bill for an Act in relation to education. House Bill 5533, a Bill for an Act concerning higher education. House Bill 5534, a Bill for an Act in relation to education. House Bill 5535, a Bill for an Act in relation to education. House Bill 5536, a Bill for an Act respecting higher education. House Bill 5537, a Bill for an Act with respect to higher education. House Bill 5538, a Bill for an Act with respect to higher education. House Bill 5539, a Bill for an Act with regard to higher education. House Bill 5540, a Bill for an Act respecting higher education. House Bill 5541, a Bill for an Act respecting higher education. House Bill 5542, a Bill for an Act respecting higher education. House Bill 5543, a Bill for an Act with respect to higher education. House Bill 5544, a Bill for an Act respecting higher education. House Bill 5545, a Bill for an Act in relation to environmental protection. House Bill 5546, a Bill for an Act concerning environmental protection. House Bill 5548, a Bill for an Act in relation to environmental safety. House Bill 5553, a Bill for an Act concerning environmental protection. House Bill 5554, a Bill for an Act concerning environmental protection. House Bill 5555, a Bill for an Act concerning the Comprehensive 278 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 Health Insurance Plan. House Bill 5556, a Bill for an Act in relation to environmental safety. House Bill 5557, a Bill for an Act concerning environmental protection. House Bill 5558, a Bill for an Act concerning public utilities. House Bill 5559, a Bill for an Act in relation to utilities. House Bill 5560, a Bill for an Act concerning public utilities. House Bill 5562, a Bill for an Act concerning public utilities. House Bill 5563, a Bill for an Act relating to telecommunications. House Bill 5564, a Bill for an Act in relation to utilities. House Bill 5565, a Bill for an Act concerning taxes. House Bill 5566, a Bill for an Act concerning taxes. House Bill 5569, a Bill for an Act concerning environmental protection. House Bill 5570, a Bill for an Act in relation to taxes. House Bill 5938, a Bill for an Act in relation to business organizations. Second Reading of these House Bills that will be held on the Order of House Bills-Second Reading."
Clerk Rossi: "Representative Kenner, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on Wednesday, April 3, 2002, reported the same back with the following recommendation/s: recommends 'be adopted' Floor Amendment #1 to House Bill 4563. Representative Saviano, Chairperson from the Committee on Registration & Regulation, to which the following measure/s was/were referred, action taken on Wednesday, April 3, 2002, reported the same back with the following recommendation/s: recommends 'be adopted' Floor Amendment #2 to House Bill 3993; Floor Amendment #2 to House Bill 5803. Representative Steve Davis, Chairperson from the Committee on Constitutional Officers, to which the following measure/s was/were referred, action taken on Wednesday, April 3, 279 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day April 3, 2002 2002, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #1 to House Bill 4696. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on Wednesday, April 3, 2002, reported the same back with the following recommendation/s: recommends 'be adopted' Floor Amendment #1 to House Bill 5343. There being no further business, the House Perfunctory Session will stand adjourned." 280