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Illinois House Floor Debate — May 28, 2002

92nd General Assembly (2001-2002) · Legislative day 137 · Regular Session
Chamber
House
General Assembly
92nd (2001-2002)
Date
May 28, 2002
Legislative day
137
Session
Regular Session
Speaker turns
69
Original
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Speaker Madigan

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

Pastor Crawford

Pastor Crawford: "May we pray. Most precious and most eternal God, we come so humbly before You in the spirit of Your word that simply says that if we seek You, we shall find You and that if we knock, then the door shall be opened; if we would ask, then what we ask for will be given unto us. So, Father, we come before You asking that the strength of God will sustain us, that the power of God will preserve us, that the hand of God will protect us and that the ways of God's spirit will direct us. So, Father, we ask that the grace of God, that the power of Your spirit will be with us this day and forevermore. This we ask in Your Son's name. Amen."

Speaker Madigan

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

Parke - et al

"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

Speaker Madigan

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

Currie

"Thank you, Speaker. Please let the record show that we have no excused absences to report today."

Speaker Madigan

"Mr. Bost."

Bost

"Thank you, Mr. Speaker. Let the record reflect that all Republicans are present today."

Speaker Madigan

"The Clerk shall take the record. There being 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 117 Members responding to the Attendance Roll Call there is a quorum present. Mr. Clerk."

Bolin

"Introduction of Resolutions. House Resolution 965, offered by Representative Brosnahan; House Resolution 966, offered by Representative Hoffman. These Resolutions are referred to the House Rules Committee."

Speaker Madigan

Speaker Madigan: "Ladies and Gentlemen, we've prepared to begin the Committee of the Whole, but before we take the Motion that will put us into the Committee of the Whole, I would like to explain the procedures that we will follow today. I believe that all of you have been given one of these pink pieces of paper that would set out the schedule for consideration. Once we begin, with say Elementary & Secondary Education, the plan will be that people will get five minutes to put questions to the witnesses. We will go back and forth, first a Democrat, then a Republican, then a Democrat, then a Republican until we have hit 10:15. At 10:15, we'll begin Higher Education. At 11 a.m., we'll begin Corrections, on down the agenda. Every agency will be advised to be available at 7 p.m. in the event that there are Members that have further questions that they want to put to any of these agencies. So, again, we'll follow the plan on the pink piece of paper. Each person will get five minutes, first a Democrat and then a Republican. We'll go back and forth until we hit the scheduled time to end that particular section, at which time we shift over to the next topic. With that in mind, the Chair recognizes Representative Currie."

Currie

"Thank you, Speaker. I move that the House of Representatives now resolve itself into a Committee of the Whole for the purpose of a subject matter hearing on the Fiscal Year 2003 budget in accordance with the schedule set 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 forth in the agenda that has been distributed to every Member and under the debate guidelines that have been described by the Speaker."

Speaker Madigan

"You've all heard the Lady's Motion. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Motion is adopted. The Motion is adopted and the House hereby resolves into a Committee of the Whole and we will proceed under the agenda referenced in the Lady's Motion. Is there leave for the Attendance Roll Call to be accepted for purposes of establishing a quorum in the Committee? Leave is granted and a quorum is established. Representative Hannig is appointed as the Chair of the Committee and is recognized for the purpose of conducting the hearing. Mr. Hannig." (Committee of the Whole)

Chairperson Hannig

Chairperson Hannig: "Representative. Representative Lang. I think for the purpose of what you wish to do we need to go back to Regular Session, so could you hold with your Motion?"

Lang

"Surely."

Chairperson Hannig

"Representative Currie is now recognized."

Currie

"Thank you, Speaker. For purposes of hearing Representative Lang's Motion, I move that the Committee of the Whole, the House Committee of the Whole, do now rise."

Chairperson Hannig

Chairperson Hannig: "You've heard the Lady's Motion. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Motion is adopted. And the Committee does arise. Okay. Now, we're back in the Order of Business of being in Regular Session and at this time Representative Lang is recognized."

Lang

"Thank you, Mr. Speaker. We have a real revenue crisis in our state as evidenced by what we've been doing here the 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 last several days and probably more days into the future. One of the things that could alleviate this is a determination of why the tenth riverboat license is languishing in the Illinois Gaming Board and why we don't have a resolution to that matter. As we all know from the numbers, it looks like we could raise half a billion dollars a year if we could issue the tenth license, but of course, we don't have an answer. I think it would be appropriate for the House Revenue Committee to have a subject matter hearing asking the Illinois Gaming Board to come in there and tell them what's going on with that situation and to determine if there could be some resolution to that. I think it would also be appropriate that the Attorney General be asked to come to that hearing because he has immersed himself into this situation. Accordingly, Mr. Speaker, I ask that the posting notice be waived so that the Revenue Committee can meet tomorrow morning and that these folks can be invited to speak to them on subject matter as to the tenth riverboat license."

Chairperson Hannig

"And on this question Representative Black is recognized."

Black

"Thank you very much, Mr. Speaker. In all due respect to the Gentleman's Motion, we have other pressing business and our side of the aisle objects to the waiving of the posting requirement for the Revenue Committee to meet tomorrow morning for a subject matter hearing on a tenth riverboat license. We stand in objection to the Gentleman's Motion."

Chairperson Hannig

Chairperson Hannig: "Representative Lang, unanimous consent was not granted on your Motion. Now, you can still submit a Motion in writing to the Clerk if you so wish to do so."

Lang

"Mr. Speaker, I will do that. But point of order."

Chairperson Hannig

"State your point." 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002

Lang

"During the last, I think it is, week or ten days of Session, I was under the understanding that the posting notice was shorter or nonexistent. Could we get a ruling from the parliamentarian as to that issue?"

Parliamentarian Uhe

Parliamentarian Uhe: "Representative Lang, on behalf of the Speaker and in response to your inquiry, there are shorter posting requirements for certain matters that can be brought before the House. Those would include: Floor Amendments, Conference Committee Reports and actions... joint action Motions. Posting for a subject matter committee is not one of those matters."

Lang

"Mr. Speaker, I will come to the well and file the appropriate Motion."

Chairperson Hannig

Chairperson Hannig: "Mr. Clerk, just to refresh everyone's memory, would you read the committees and where they meet."

Rossi

"The following committees will meet immediately: the Public Safety-Appropriations Committee in Room 114, the Elementary & Secondary Education Committee in Room D-1, the Executive Committee in Room 118, the Judiciary I-Civil Law Committee in Room 122-B, the State Government Administration Committee in Room C-1. At 1:30, the Financial Institutions Committee will meet in Room D-1 and the Transportation & Motor Vehicles Committee will meet in Room C-1."

Chairperson Hannig

"Representative Black, for what reason do you rise?"

Black

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

Chairperson Hannig

"Yes."

Black

"We have filed some Amendments, but we are not certain to what Bills they should be filed and when they will be heard and how notice will be given. Perhaps you could shed some 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 light on that process."

Chairperson Hannig

"Yeah. I'm a little bit confused by your question. If you have... if you filed Amendments, would you not know which Bills you filed them to, Representative?"

Black

"Well, other than certain shell Bills, we have no idea where the cigarette tax increase, for example, what committee that's in, what Bill will be, in fact, the cigarette tax increase. I have an Amendment that deals with that topic. I'm not sure where to file it and when the committee meets. I mean, I know where to file it. I just don't know on what Bill to reference when we file the Amendment."

Chairperson Hannig

"Yeah, Representative, I'm not certain how to advise you on this because I'm not sure that those decisions have been made. And clearly, I am not aware of them at this time. So..."

Black

"Well, if you could enlighten us at some point. This is one of the questions we asked last week when it was announced that we were going to be doing this. We asked about various Amendments that we're sure Members on both sides of the aisle will want to file and the guidelines are somewhat vague. So, as soon as the Chair could enlighten us on how we do that and how we give notice to your staff and your Amendments were given notice to our staff, we'd be most appreciative of that."

Chairperson Hannig

"Thank you, Representative Black. And now, the House will stand in recess until the hour of 2 p.m."

Speaker Hartke

Speaker Hartke: "The House will come to order. Representative Hartke in the Chair. The Chair recognizes Representative Currie for a Motion."

Currie

"Thank you, Speaker and Members of the House. I rise to 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 renew my Motion of the morning that that House constitute itself as a Committee of the Whole for the continuing purpose of subject matter Fiscal Year 2003 budget, again, in accordance with the agenda with which we've been presented and the rules enunciated by the Speaker this morning."

Speaker Hartke

"You've heard the Lady's Motion. All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion is adopted. Is there leave for the Attendance Roll Call for a quorum? Leave is granted. The Chairman now... the Speaker now recognizes Representative Hannig, the Chair of the Committee of the Whole." (Committee of the Whole)

Speaker Madigan

"The Chair recognizes Representative Currie. The Chair recognizes Representative Barbara Currie."

Currie

"Thank you, Speaker and Members of the House. In order to accomplish a few bits of business in the Regular Session, I now move that the House do rise from its operation as the Committee of the Whole."

Speaker Madigan

"The Lady's Motion is that the Committee of the Whole rise. Those in favor say 'aye'; those opposed say 'no'. And the Lady's Motion is adopted. And the Committee of the Whole does now rise. Speaker Madigan in the Chair. Ladies and Gentlemen, we'll conduct a few items of regular business and then go back to the Committee of the Whole where we'll go on the order of recalls for those of you who wanted to pose additional questions. Mr. Clerk, would you circulate the Supplemental Calendar #2."

Rossi

"Supplemental Calendar #2 is being distributed."

Speaker Madigan

"And Mr. Clerk, do you have any Committee Reports?" 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002

Rossi

Clerk Rossi: "Representative Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on May 28, 2002, reported the same back with the following recommendation/s: 'to the floor for consideration' Senate Bill 449. Representative Bugielski, Chairperson from the Committee on Financial Institutions, to which the following measure/s was/were referred, action taken on Tuesday, May 28, 2002, reported the same back with the following recommendation/s: 'be adopted' a Motion to Concur with Senate Amendment #1 to House Bill 4409. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on Tuesday, May 28, 2002, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 314; recommends 'be adopted' Floor Amendment #1 to Senate Bill 2212. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on Tuesday, May 28, 2002, reported the same back with the following recommendation/s: 'be adopted' Floor Amendment #3 to Senate Bill 1983. Representative Morrow, Chairperson from the Committee on Appropriations-Public Safety, to which the following measure/s was/were referred, action taken on Tuesday, May 28, 2002, reported the same back with the following recommendation/s: 'do pass Standard Debate' Senate Bill 2392, Senate Bill 2393, Senate Bill 2394 and Senate Bill 2395. Representative Dart, Chairperson from the Committee on Judiciary I-Civil Law, to which the following measure/s was/were referred, action taken on Tuesday, May 28, 2002, reported the same back with the following recommendation/s: 'be adopted' a Motion to Concur with 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 Senate Amendment #1 to House Bill 4720. Representative Hoffman, Chairperson from the Committee on Transportation & Motor Vehicles, to which the following measure/s was/were referred, action taken on Tuesday, May 28, 2002, reported the same back with the following recommendation/s: 'be adopted' a Motion to Concur with Senate Amendment #1 and 2 to House Bill 4948."

Speaker Madigan

"On the Order of Supplemental Calendar #2, on the Order of Senate Bills-Second Reading there appears Senate Bill 314, Mr. Saviano. Is the Gentleman in the chamber? Mr. Saviano. Mr. Clerk, read the Bill for a second time."

Rossi

"Senate Bill 314, a Bill for an Act in relation to group insurance. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."

Speaker Madigan

"Leave the Bill on the Order of Second Reading. Senate Bill 2392. Mr. Clerk, what is the status of the Bill?"

Rossi

"Senate Bill 2392, a Bill for an Act regarding appropriations. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Madigan

Speaker Madigan: "Third Reading. Mr. Clerk, put the Bill... put Senate Bill 2392 back on the Order of Second Reading. And Mr. Clerk, did you read the Bill for a second time?"

Rossi

"Senate Bill 2392 was read a second time."

Speaker Madigan

Speaker Madigan: "All right. Senate Bill 2393. Mr. Clerk, what is the status of the Bill?"

Rossi

"Senate Bill 2393, a Bill for an Act regarding appropriations. Second Reading of this Senate Bill. No 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Madigan

Speaker Madigan: "Leave the Bill on the Order of Second Reading. Senate Bill 2394. Mr. Clerk, what is the status of the Bill?"

Rossi

Clerk Rossi: "Senate Bill 2394, a Bill for an Act regarding appropriations. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Madigan

"Leave the Bill on the Order of Second Reading. Senate Bill 2395. What is the status of the Bill?"

Rossi

Clerk Rossi: "Senate Bill 2395, a Bill for an Act regarding appropriations. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Speaker Madigan

"Leave the Bill on the Order of Second Reading. The Chair recognizes Representative Currie."

Currie

"Thank you, Speaker. Having finished that brief bit of business, I move that the House of Representatives now resolve itself back into the Committee of the Whole again for the purpose of subject matter hearings on next year's fiscal budget in accordance with the schedule that was set earlier today and the rules that were described by the Speaker."

Speaker Madigan

Speaker Madigan: "You've all heard the Lady's Motion. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Motion is adopted. And the House hereby resolves again into a Committee of the Whole and we will proceed under the agenda referenced in the Lady's Motion and in my earlier remarks at the very beginning of the Committee of the Whole. And is there leave for the Attendance Roll Call to be accepted for purposes of establishing a quorum in the 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 Committee? Leave is granted and a quorum is established. And Mr. Hannig is again appointed as the Chair of the Committee and he is recognized for the purpose of conducting the hearing." (Committee of the Whole)

Chairperson Hannig

"The Chair recognizes Representative Currie."

Currie

"Thank you, Speaker. I now move that the Committee of the Whole rise."

Chairperson Hannig

Chairperson Hannig: "And you've heard the Lady's Motion. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Lady's Motion is adopted. And the Committee of the Whole does now arise."

Speaker Currie

"Representative Currie in the Chair. And I recognize Representative Hannig for the purpose of a report."

Hannig

"Well, thank you... thank you, Madam Speaker and Members of the House. I think we had a very good opportunity this evening to hear from all the agencies, an opportunity for all the Members to ask questions. I think there was an awful lot of insight gained by all of us and that we made great progress in understanding what is in the Governor's revised budget which he introduced yesterday. So, it was a very good exercise. Officially, I would report that the Committee of the Whole has under consideration the FY2003 budget. It has come to no conclusion, thereon."

Speaker Currie

"Thank you very much, Representative Hannig. And allowing perfunctory time for the Clerk, Representative Hannig now moves that the House stand adjourned until the hour of noon tomorrow, Wednesday, May 29. Today. Today, Wednesday, May 29."

Rossi

"House Perfunctory Session will come to order. Introduction and First Reading of Senate Bills. Senate Bill 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day May 28, 2002 2390, offered by Speaker Madigan, a Bill for an Act regarding appropriations. Senate Bill 2291, offered by Speaker Madigan, a Bill for an Act in relation to gaming. First Reading of these Senate Bills. There being no further business, the House Perfunctory Session will stand adjourned." 12