Illinois General Assembly Floor TranscriptsBrowseHouse92nd GA

Illinois House Floor Debate — December 3, 2002

92nd General Assembly (2001-2002) · Legislative day 147 · Veto Session
Chamber
House
General Assembly
92nd (2001-2002)
Date
December 3, 2002
Legislative day
147
Session
Veto Session
Speaker turns
167
Original
View the source PDF ↗
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

"Let us pray. Most gracious and most kind God, the creator of us all, for it is from You for all of our blessings flow, all of our help come from You. Look upon us gathered here, with Your favor I ask that you would direct us in all of our actions. Father, I pray that You will grant us vigilant hearts, that You would give us a mind to know You, that You would give us the diligence to seek You, that You would grant us the wisdom to find You. I pray that You would purify us and cleanse us with Your presence, bless us with Your might, assist us with Your counsel that all of our endeavors may begin and end and when they're all over they'll be pleasing unto You. This we kindly ask and pray in Your Son's name. Amen."

Speaker Madigan

"We shall be led in the Pledge of Allegiance by Mr. Hartke."

Hartke - et al

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

Speaker Madigan

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

Currie

"Thank you, Speaker. Please let the record reflect that Representatives Bradley, Colvin, Kenner and McCarthy are excused today."

Speaker Madigan

"Mr. Bost."

Bost

"Thank you, Mr. Speaker. Let the record reflect that 1 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 Representative Stephens and Representative Hoeft are excused today."

Speaker Madigan

Speaker Madigan: "The Clerk shall take the record. There being 112 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."

Rossi

Clerk Rossi: "Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on November 26th, 2002, reported the same back with the following recommendation/s: 'to the floor for consideration' Senate Bill 1128, Senate Bill 1258, Senate Bill 1976, Senate Bill 1650, Senate Bill 1809; to the Order of Concurrence House Bill 2277; 'recommends be adopted' Motions to accept the Amendatory Veto on Senate Bill 1583 and Senate Bill 1657. Representative Julie Curry, Chairperson from the Committee on Appropriations Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on Tuesday, December 3rd, 2002, reported the same back with the following recommendation/s: 'do pass as Amended Short Debate' Senate Bill 2390. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on Tuesday, December 3rd, 2002, reported the same back with the following recommendation/s: 'do pass as Amended Short Debate' Senate Bill 912. Introduction of Resolutions. House Resolution 1102, offered by Representative McGuire; House Resolution 1108, offered by Representative Schoenberg; House Resolution 1110, offered by Representative Feigenholtz; House Resolution 1118, offered by Representative Jim Watson; House Resolution 1119, offered by Representative Hamos are assigned to the Rules 2 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 Committee."

Speaker Madigan

"Ladies and Gentlemen, we'd like to introduce a new Member of the House replacing Representative Shirley Jones, Representative Ken Dunkin. Ken. Ken, if you would flavor us with a few words, please."

Dunkin

"First of all, good afternoon. My name is Ken Dunkin and I'm a new person here. I was actually here at 1:00, Mr. Speaker and... It's an honor and a privilege to be here. This is a dream and an honor and a huge privilege to be able to serve the folk in the 6th Representative District and of course, in the January of 93rd Assembly to serve the residents of the 5th District. So, I'm looking to look, listen, and learn as much as I can. Thank you and good afternoon."

Speaker Madigan

Speaker Madigan: "On page 2 of the Calendar, on the Order of Senate Bills-Second Reading there appears Senate Bill 729. Mr. Clerk, what is the status of the Bill?"

Rossi

Clerk Rossi: "Senate Bill 729 has been read a second time, previously. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."

Speaker Madigan

"Third Reading. Representative O'Brien, did you wish to call the Bill on Third Reading? Mr. Clerk, read the Bill for a third time."

Rossi

Clerk Rossi: "Senate Bill 729, a Bill for an Act concerning taxes. Third Reading of this Senate Bill."

O'Brien

"Ladies and Gentlemen of the House, today I present Senate Bill 729 as amended. And what it seeks to do is to make some changes to a Bill that was passed last spring, House Bill 4187. What House Bill 4187 did was to grant Illinois state tax exemption to the investment portion of a 529 plan in Illinois called the Bright Start Plan, that is 3 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 the Illinois state sponsored plan. By doing that... by enacting that law we eliminated the possibility for 61 other plans to be competitive in Illinois because Illinois became the only state that said that their plan was tax exempt... Illinois state tax exempt and no other. So, what we're trying to do is to undo that, put it back on a level playing field so that all of these 529 plans are the same. We had discussions with the treasurer regarding a possible reciprocity, making sure that Illinois was treated the same way in every other state. What we have found since I committed to working with the Treasurer's Office is that if we just pass the Bill as it currently stands today, that will in fact put us back in a level playing field and give Illinois the same advantage in every other state that we would give the plans from other states. So, there is no need to do any type of reciprocity. And this would allow for the eligible families in Illinois, while we anticipate about 65,000 to be able to shop the market place for a plan for college savings that best suits their needs, all being on a level playing field. And I would encourage your 'aye' vote."

Speaker Madigan

"The Lady moves for the passage of the Bill. Chair recognizes Mr. Black."

Black

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

Speaker Madigan

"Sponsor yields."

Black

"Representative, in light of our budget difficulties, the potential impact on state revenues... the only figure I've seen is about $15 million. Should this Bill become law, the State of Illinois would stand to lose approximately $15 million. Number one, do you agree with that figure? Number two, what creates a revenue loss should this Bill 4 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 become law?"

O'Brien

"I... first of all, I don't agree with that figure, I have seen none. The Illinois Department of Revenue first indicated that they thought that it wouldn't create any difference, then they said it might be some difference, and now we've heard nothing from them. But, there really is. 'I mean, there are 65,000 eligible families. We aren't creating any more eligibility. All we're saying is we're going to give you more options to choose from. More people... right now the Bright Start Plan is tax exempt. We are just saying that if you choose to invest that the others should be federal and state tax exempt, just like the Federal Law anticipated they would be and just like they are in all other states that choose to have those right now. So, I don't know where that figure has come up with, I mean, Revenue said that there was a minimal fiscal impact when they talked to myself and to people in the industry, because there are gonna... we're not adding any new families. So, when we did the Bill a year ago or in the spring, the fiscal impact can't be any different because they would've said 65,000 eligible families can enroll in Bright Start. We're not saying... there can't be any more, there's 65,000 families, we're not increasing that number so there can't be any greater fiscal impact under this Bill than there was just in giving the competitive advantage to Bright Start. All we're saying is the advantage should be the same for all plans."

Black

"You referenced a Federal Law that all of these 529 plans would be treated the same. Is there, in fact, an applicable Federal Law at this time or is there one being proposed?"

O'Brien

"In 1998, Section 529 of the IRS Code was amended 5 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 creating 529 college savings plans. Those had to be state sponsored plans and there was no limit to the number a state could provide. All states are either... either have them or are in the process of having them. Some states however don't pass any legislation, they do it by rule. Some states have not chosen... they haven't even gotten that far yet. So, Federal Law in '98 created 529 plans, but they're... what they said was that they had to be state sponsored. So, if you live in New Jersey you can purchase the Illinois Bright Start plan for your child and if... but right now if I live in Illinois and I buy a New Jersey plan or a Colorado plan because I think that rate of investment is higher I can't take that off of my Illinois state tax. But if I lived in Colorado and I bought the Bright Start plan I could take it off of my Colorado taxes and my federal taxes. What 4187 did was create a competitive disad... or competitive advantage for Bright Start putting all other plans at a disadvantage."

Black

"If I heard you correctly and if I go into... if I go into a financial advisor or a bank and I wanna invest in a 529 plan for my grandchildren and that advisor spreads out a dozen or more plans, say from a dozen states and I look at the rate of return and I look at the performance and I look at the fees. And I decide that a North Dakota plan may be more in line with what I want to accomplish. So, I do not participate in the Bright Start plan, but I choose to invest money in a plan out of North Dakota. Now, how... how am I treated tax wise in the State of Illinois if I invest the maximum amount of money in a plan that is promulgated by the State of, say North Dakota?"

O'Brien

"You would have to pay Illinois state income tax on the earnings of that." 6 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002

Black

"On the growth of the 529..."

O'Brien

"Yes Black."

Black

"... or on the amount that I invest?"

O'Brien

"I believe, actually, on both. On both."

Black

"So, you're telling me if I then choose the state plan, what do I get to deduct? If I put $10 thousand in the State of Illinois 529 plan, do I get to write the $10 thousand off in that tax year?"

O'Brien

"Yes."

Black

"Under what provision? As a gift... the Uniform Gift to Minors or I mean..."

O'Brien

"No, it's under the..."

Black

"...I'm gonna get up to write the entire $10 thousand off my Illinois income tax in the first year?"

O'Brien

"... the ded... you can have a deduction for contributions in Illinois under the Bright Start plan and that is law that we enacted in 2001, Public Act 92-439. And then in 2002 we enacted 4187 (sic-HB), which says that you also have exemptions on interest and distributions. So, both of them are tax exempt."

Black

"So, I get the initial deduction if I participate in the Illinois plan and then if that plan does very well and I have a considerable capital gains in that account, I am exempt from any taxes on that as long as the plan remains intact for my grandchildren at a later date, correct?"

O'Brien

"Right."

Black

"All right. Thank you very much, Representative. Mr. Speaker and Ladies and Gentlemen of the House, to this Bill. The noise level as usual is very high. I sometimes wonder if that's done deliberately or it's just a habit that we get into. This Bill has some very serious implications for those who invest in a 529 plan, which in 7 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 Illinois is called Bright Start. It has some very serious implications for the investor. It may have some very serious implications for the person you are gifting, your grandchildren in this case perhaps, may have some serious implications for tax treatment for those Illinois residents who choose to invest in another 529 plan not offered by the State of Illinois. I think anytime you're in this kind of a budget crisis and you get a figure that I just received from the Office of the Treasurer, that this legislation may in fact cost Illinois $15 million in revenue... tax revenue, depending on how these plans are treated. We need to lower the din of the House and have people engage in a debate, certainly people who are more knowledgeable than I am in the aspect of financial planning and whether or not what we're doing here is first and foremost good for the investor, secondly, good for the grandchild or child you are hoping to gift by this investment, but certainly not least how the tax treatment will be handled, and whether or not the State of Illinois will be in a position where they could lose revenue or be held more or less revenue neutral. Anything that would cost us revenue in the next year or two could be devastating to our state financial picture. And I know there are certified financial planners in this Body who are much more familiar with the long-term implications of this legislation than I. I would hope that they would enter the debate and I would also hope that we could lower the din and listen very carefully so we could cast the most intelligent vote on something that will have ramifications two, three, and four and five years down the road. I thank the Representative for indulgence."

Speaker Madigan

"Mr. Franks."

Franks

"Thank you, Mr. Speaker. I'd like to speak for the 8 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 Bill."

Speaker Madigan

"Proceed."

Franks

"I disagree with the previous speaker. I voted against the Bill that we had up here last spring because it was fundamentally unfair to those families in the State of Illinois that were trying to save for their children's college education. What that Bill did was it only helped one 529 plan by giving it tax exempt status. What this Bill does now is it allows families to have a choice of what 529 plan they'd like to invest in. And these 529 plans, folks, are the best deal going to save money for your children's educations. And this is something that grandparents can also put in. It's a wonderful estate tool and also a way to save money for the education. The way the law is right now, in the State of Illinois, only one plan has tax exempt status and if one was to have invested in that plan a few years and put in a hypothetical $10 thousand, that $10 thousand at least in the spring would've been worth around $8 thousand. So, there was a loss on top of the... the only thing you were getting was a tax benefit, but that was a loss. Voting against this Bill is in a sense voting for a tax increase, because what this Bill does is level the playing field and to allow families to choose which 529 plans they wish to go to. For those of you who represent the collar counties, for instance, many of your children go to school in Wisconsin or Iowa or Indiana and... and it's possible that those families would like to invest in the 529 plans of those states. But right now, there's a disincentive in the State of Illinois to invest in those because you're not getting tax preferred status like Illinois' program. And I'm not sure why we're protecting Illinois' program exclusively. It's not like 9 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 the money's staying here in Illinois, it's going straight to New York to Salomon Smith Barney. There's no direct benefit for the State of Illinois. The only direct benefit now that we can do is to level the playing field and to vote for this Bill and to give the hardworking families in the State of Illinois who are trying to save for college a very necessary break. So, please vote for this Bill."

Speaker Madigan

"Representative Mulligan."

Mulligan

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

Speaker Madigan

"Sponsor yields."

Mulligan

"Representative, prior to the Bright Start Bill the 529 plans were not deductible across the board?"

O'Brien

"Right. Federal Law was changed in 1998 and that federa..."

Mulligan

"But for state income tax, not federally?"

O'Brien

"... under the Federal Law they're exempt... they were both exempt. Illinois is the only state in the Union... the only state that took this affirmative step to say that their plan was the only plan that in Illinois was gonna be exempt from state tax. Prior to that, in every state that chose to participate they were exempt and that's the way the Federal Law was written, but now we are saying, no, just our plan is done that way."

Mulligan

"Now, I understand that these plans are still all exempt under Federal Income Tax Law."

O'Brien

"Yes."

Mulligan

"Now, are you saying that Illinois is the only one that has a code that if you're silent to it you cannot deduct. My understanding is that no other state has a code that says that their plan or our plan would be deductible under their state income tax."

O'Brien

"Right. We are the only state that passed any law that 10 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 addressed the issue. In every other state if you... if I am in another state and I purchased the Bright Start plan I could take it off of my state tax in that state, but if I'm in Illinois now I can only take off Bright Start and College Illinois. The 62 or 61 other plans that are eligible no longer are..."

Mulligan

"Where did you get that information? The information we're getting from the Secretary of... from the Treasurer's Office is that's not necessarily so and since each individual state tax code is different, how can you state unequivocally that if a code is silent that you get to deduct it?"

O'Brien

"Well, I guess in the same way that you can say that it's not, because the information I got was from the Illinois Banker's Association and I think that they probably are in a better position to know about it than the Illinois State Treasurer is."

Mulligan

"I think that maybe NCSL or someone that studies tax code would be the people that would be the most knowledgeable as to that..."

O'Brien

"Well, I do know that the..."

Mulligan

"... and if it's not knowledge... and if you're not knowledgeable in it, why can you say that every state would allow us to deduct our plan if that's not the case?."

O'Brien

"Because I did some checking..."

Mulligan

"Every state allows it federally."

O'Brien

"... with some of the other... with some of these plans that said, yes, I'm certified and mine is a Colorado-sponsored plan and yes, if you are in Colorado and you bought another plan from another state, yes, you can deduct it here. And those financial advisors, I mean, they are licensed and they have that license to protect, so when 11 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 they go out and sell that to a client they're pretty sure of what they're talking about. And that is exactly how they were sold because that was certainly the way it worked under Federal Law and until Illinois changed the law and the status of things here, that's the way it worked here, too."

Mulligan

"They were not deductible prior to this law... any of the plans were not deductible under Illinois income tax prior to this past Spring Session."

O'Brien

"Yes, they were."

Mulligan

"No, they were not because I was... I was lobbied by the CPA society for them to... you could do them under federal tax. My understanding was a 529 plan was not deductible in Illinois under the current Illinois Tax Code."

O'Brien

"Well, my understanding is different, because the person that I went to see... because I can guarantee I checked out almost all 63 of these plans since I have a brand new baby and was very interested in that plan. And there wasn't one of them that told me that it was not going to be state tax exempt."

Mulligan

"So, you're saying that prior to the law passed this spring that all 529 plans were deductible under your Illinois state income tax?"

O'Brien

"Yes."

Mulligan

"Okay."

Speaker Madigan

"Mr. Hultgren."

Hultgren

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

Speaker Madigan

"Sponsor yields."

Hultgren

"Representative O'Brien, I just had a couple questions. One was, in committee there was some discussion about concern of reciprocity and having other states get involved 12 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 in, ya know, offering reciprocity if we offer tax exempt status for their plan that they would do the same for ours, how is that coming? Has there been further discussions on that? Is that still something that's a possibility out there?"

O'Brien

"Well, this is what I found out was that under... what the treas... the Amendment that the treasurer proposed said that in order for the reciprocity to take effect that any... every other state would have to have a specific law that said the Illinois Bright Start plan is exempt in the state of 1-49. And in some states there is no State Income Tax. In some states they don't do this by statute. So, that became unrealistic. What we really found out was that if we just take this... pass this Bill the way it is and we put everything back to the way it was and we would have reciprocity because everybody would be on the same playing field and you'd have the same advantage here as you would in another state."

Hultgren

"Is there any discussion and I don't know if you would be aware of this, but there was talk of NCSL and is there any discussion of federal legislation that would be... that would make this uniform where every state's... rather than every state having to list that 1-49, ya know, listing Illinois on there? Have you heard or through the bankers or through anyone else, have you heard of the possibility of federal legislation maybe addressing that to clear this up? It sounds like this was an ambiguity from the Federal Law and there's an assumption that it's tax deductible unless we take away that deduction. What we're doing now is we are taking away that... or what happened was it took away that deduction. We're, my understanding, is the only state that took away that deduction..." 13 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002

O'Brien

"You know, I haven't heard specifically, but I'm willing to bet that that's gonna be on the agenda in Washington, because I think that, ya know, maybe the disagreement that one of the previous speakers and I had might be just that, that it is... ya know, we're... a C... one CPA could say yes you can deduct it another might say no they couldn't. And I think you might be right that it might have created an ambiguity. So, I bet they go to Washington and discuss that."

Hultgren

"Thank you. To the Bill. I struggle with this. This issue came up a little faster than I had hoped. We had just a short time Thursday in Veto Session to discuss this in committee. I was hoping we'd have a little bit more time to discuss it, but I know Veto Session's a short time so we've gotta act quickly. I have decided that I'm gonna support this. I do want Bright Start to do well. I want it to be a viable alternative for people in Illinois, but really the bigger picture for me is I wanna encourage all of our citizens to invest for their children's college education. I think that's the ultimate priority. And we need to give'em options to do that. I hope that they'll see Bright Start as a very positive option for them and I think again the biggest incentive needs to be to encourage all of our citizens to invest for their children's future. And so, I think weighing everything, even though I do hope the federal... the Congress steps in and maybe takes some action on this to clear this up, I think in the meantime this is the right step to give those options to our Illinois families. So, thank you very much."

Speaker Madigan

"Mr. Meyer."

Meyer

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

Speaker Madigan

"Sponsor yields." 14 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002

Meyer

"Yes, Representative, in committee my understanding was that many of us voted to support you getting this Bill out of committee in order for you to work with the Treasurer's Office and also the Illinois Banker's Association. Now, my understanding would be from the response you gave to the previous Representative that you're moving ahead with this Bill even though an agreement could not be reached between those two entities. Is that correct?"

O'Brien

"They haven't reached an agreement and as you remember the issue was reciprocity and as I went through the scenarios of how that could be reached, it's my opinion that if you really don't need a law in every other state saying that we'll accept the Illinois plan as state tax exempt in those other states, that if we go back and take away what we did in 4187 (sic-HB) then we are just like all the other states. We are the only state that did this, so if we undo it then we go back to that level of playing field and the assumption that exists when the Federal Law was passed as previous speakers spoke to and I had mentioned earlier is that the assumption is that they were federal and state tax exempt in every state, so then we go back to that. And if there remains an issue then maybe they can deal with it at the federal level. But I felt after reading the treasurer... I mean the treasurer's language wasn't workable, because some states have no income tax so they would have... why would they ever pass a Bill saying that the Bright Start plan is tax exempt in their state when they don't have an income tax. The State of New York doesn't do it by legislation, it's specifically by rule and the treasurer's language said that it had to be by legislation and when I was reading through it I thought, ya know, it really doesn't make a lot of sense to do this 15 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 Amend... to add their language on because I don't think that it's necessary. And that's why I chose to move forward."

Meyer

"Well Representative, did you take part in the discussions between the Banker's Association and the Treasurer's Office?"

O'Brien

"I did not personally take part in their conversation that they had over the break, but the Treasurer's Office gave me their Amendment and after I went through it and came to that conclusion I met with the Banker's Association who had really the same conclusion and that..."

Meyer

"Well, Representative, as being one of those Members that gave you the support with the understanding that you were gonna be involved with the decision on the reciprocity language, I would quite frankly have expected you to take a leadership role in that and become an active member of all those discussions. Right now, from what I can understand, we have the Treasurer's Office saying that they had given the bankers language and it wasn't supported by them and the bankers have given the Treasurer's Office language and it wasn't supported on the other side. And I would think that'd be an excellent way for a Representative to intervene in that discussion and bring those two parties together so we'd have a Bill that all parties would agree that fit the need of this state. We certainly don't wanna do something with that... with our language here that would damage the Bright Start Program, which is the State of Illinois' program. We wanna make sure that it's made better and more opportunities are given to our investors in this state to invest in college programs. I don't have a quarrel with that, but I've understood very specifically from our... from your comments in committee that you were 16 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 gonna work hand-in-hand with these two groups to bring them together and come up with an agreed process. I don't hear that's being accomplished and I still haven't heard an explanation as to why not."

O'Brien

"Well, I didn't guarantee that there would be an Amendment and that we would have a deal on reciprocity. I said that we would listen to both sides. But I read their Amendment and frankly, it's not necessary. Right now, in every other state, the Illinois plan is treated the same as those... as the plans in every other state. We're the only state that's treating anyone differently... any plan differently."

Meyer

"Well, certainly the Treasurer's Office doesn't agree with you on that point and I think that's why..."

O'Brien

"Well... and I guess..."

Meyer

"... and I believe that's why you should've had the one-on-one conversation. What I think is happening here is that we're being asked to be the referee. And I wish that you would've followed through with the word you gave to us in that committee to work on this to a genuinely... effort to bring the two sides together and to reach that agreement."

O'Brien

"Well, I'm sorry you feel that way, Representative."

Speaker Madigan

"Representative O'Brien to close."

O'Brien

"Thank you, Ladies and Gentlemen of the House. There's been a lot of discussion on this Bill and I would just urge an 'aye' vote. Thank you."

Speaker Madigan

"The Lady moves for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 103 people voting 17 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 'yes', 9 people voting 'no'. This Bill, having received an Extraordinary Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Resolution 1078."

Bolin

"House Resolution 1078 offered by Representative Poe. HOUSE RESOLUTION 1078 WHEREAS, The members of the Illinois House of Representatives are happy to recognize the excellence of young athletes and wish to congratulate the Sacred Heart-Griffin Boys Soccer Team on winning the IHSA Class A State Tournament at North Central College in Naperville on November 2, 2002; and WHEREAS, Under the leadership of Head Coach Sam Tate and Assistant Coaches Mike Lindsey and Chris Davis, the team ended the season with an impressive 27-2-1 record, including 22 shutouts which ties the State record; and WHEREAS, The members of the team include Douglas Drendel, Corey Farrar, Sean Flynn, Andrew Hamilton, Michael Hoffmann, Tyler Hoffmeister, Gregory Irwin, Zachary Jones, Jack Kienzler, Patrick Kojima, Jacob Kress, Andrew Lantz, Drew Lewis, Christopher Loftus, Tyler Pape, Nathan Sabich, Charles Sales, William Sheehan, John Steward, and John Vaughn; and WHEREAS, The team advanced to the State Tournament by winning the Sacred Heart-Griffin Regional and the Jacksonville Sectional; at the State Tournament the team defeated Sycamore High School, Notre Dame High School of Peoria, and Providence Catholic High School of New Lenox; and WHEREAS, The faculty, staff, and students of Sacred Heart-Griffin High School and the entire community can be justly proud of the ability and dedication of these students and their 18 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 coaches; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the members of the Sacred Heart-Griffin Boys Soccer Team and their coaches on their impressive performance that led them to become the IHSA Class A State Champions and that we extend our sincere wishes for continued success in all their future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to school President Sister Marilyn Jean Runkel, Coach Tate, Coach Lindsey, Coach Davis, and each member of the team as an expression of our esteem."

Speaker Madigan

"Mr. Poe."

Poe

"Mr. Speaker, Ladies and Gentlemen of the House, I would ask for your attention for just a moment. Why don't the State Soccer Champions stand up. This is... this is a team here from Springfield, Sacred Heart-Griffin and this is the second time in five years that they have won the State Soccer Championship, so we got a lot of pride and a lot of community pride. Today, they have their coach, Sam Tate, assistant coaches, Mike Lindsey and Chris Davis who's here on the House staff. So, let's give those all a big hand. One other person we'd like to introduce is Joanne Grueter. Sister Grueter is the principal and without the support of the administration these things just don't happen, so we wanna congratulate her and the rest of the administration and congratulations to the team. And thank you."

Speaker Madigan

Speaker Madigan: "On the question of the Resolution, those in favor of the adoption of the Resolution say 'yes'; those opposed say 'no'. The 'ayes' have it, House Resolution 1078 is adopted. Ladies and Gentlemen, we have a special 19 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 guest today and I would ask the staff to retire to the rear of the chamber and for the Members to take their seats. Mr. Brunsvold, please take your seat. We're very pleased today to have with us the Ambassador from Vietnam to the United States of America. Ambassador Chien has been with the Vietnamese Government for quite a while. He's currently assigned to the United States of America in Washington, D.C. He's traveled to Illinois and to Springfield to bring greetings from his country and to encourage the continuation of a developing trade relationship between the two countries. And so it is my pleasure to give you the Ambassador from Vietnam, Ambassador Chien."

Ambassador Chien

Ambassador Chien: "Thank you very much. Mr. Speaker, distinguished Members of the House of Representative of Illinois Congress, Lady and Gentlemen, it is my great honor to present the 18 million people of Vietnam to speak at the floor of the Sen... of the House of Representative of Illinois today. May I at the outset to convey my warmest seasonal greeting and best wishes to Mr. Speaker and to all of you distinguished Members of House of Representative. I enjoy the beautiful sunshine, wintertime of Springfield and the warmth of your friendship and this only strengthen my conviction of how powerful the Illinois politicians are. Thank you for your friendship and hospitality. Let me begin my presentation today by stating that I arrived as Ambassador of Vietnam with one primary and foremost agenda is that is to further it's... and deepen the relationship between Vietnam and the United States. The war that we once faced... one and another in my country ended 27 years ago. During the last quarter of century, million of American have come to Vietnam as tourist, researchers, 20 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 government official, and business person. They all have been warmly welcome as a friend by the Vietnamese people with an understanding that while one cannot alter the past, she and he can make changes for the better future. These people and other American politician, business people, and friend have worked really hard with Vietnamese people to build a new Vietnam-U.S. relation. Mr. Speaker, the chronicals of the bilateral ties during the last decade evolves very rapidly as the two nations share many things in common. In earlier '92 and '94 the trade embargo was lifted. In '95 the two countr... our two countries establish diplomatic relation. Also in that year, former President George H. Bush, paid a visit to Hanoi and Ho Chi Minh City. In mid '97 the two countries exchange ambassadors in respective capitals, making full diplomatic relation. At the turn of the millennium, two historic events took us into a new chapter of our relations, namely the signing of the Vietnam-U.S. Bilateral Trade Agreement, which in the words of President Bush I quote, 'mark an important milestone in the normalization of our economic relations'. And the state visit of the President Bill Clinton to Vietnam, the first visit by a serving President of United States to the United Vietnam. Last year, the taking effect of the BTA from the basic for lasting friendship and mutual beneficial cooperation between the two our nation. In another note, I would like to inform you that the two countries have institutionalized the annual dialogue on political issues that coupled concerned strategic regional and bilateral matters, and the annual dialogue on human right issues. These two annual dialogues are consider as two important vehicles to enhance understanding, narrow down differences, and promote 21 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 cooperation between our two countries. Together, with growing collaboration in many other field such as addressing humanitarian issues like MIA, legacy of the war, and so on. This dialogue is seen as part of our new framework of our bilateral relationship. In the more recent annual political dialogue held not three weeks ago in Washington, the U.S. Department of State expressed its high appreciation of Vietnam, manifest its cooperation with U.S. in the fight against terrorism since this tragic event of 9/11. Mr. Speaker, my visit to the birthplace of Abraham Lincoln, this time coincides with the first anniversary of the taking effect of our Bilateral Trade Agreement. I am very happy to inform you that the Bilateral Trade Agreement has help bring about strongly encouraging indicators in our trade and economic relation. As of September 2002, two-way trade between the two countries increased by 60% compared to the same period last year and this does not include U.S. sale of four Boeing 777 plane to Vietnam. Here I would like to draw your attention to point that last proportion of Vietnam export of manufacture ventures that is solely and wholly owned by U.S. investors, imported by U.S. companies, and use U.S. services in transaction. American company have become an increasingly important player in our market today though they still account for... As of 2002 U.S. firm already invested $1.4 billion U.S. dollar in Vietnam. I am quite certain that many of you have heard successful story of doing business with Vietnam, of Illinois-based companies like Boeing, Motorola, Caterpillar, among many other company... U.S. company, such as Philip, Conoco, Cargill, Unico, IBM, Coca-Cola, Nike, Pepsi, Proctor Gamble, Ford, Izusu, and so on and so forth. In the coming time, I am 22 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 convinced that with the bilateral trade agreement most U.S. and Vietnamese companies will enjoy even more opportunity for mutually beneficial cooperation. Distinguished Member of the House, now let me turn to our own accomplishment at home during the last two decades. As you know... as you may know, Vietnam launched a renovation policy in 1986, which focused on the building a market economy in our condition and integrating it into regional and world economy. That implementation of renovation policy has brought about miraculous successes. During the last decade, Vietnam achieve an average growth rate of about 7.5% and managed to double its GDP. Now, with more than half of its GDP generated by the export sector, Vietnam has a very open economy with most of the market economy institution in place. To the large degree, the outstanding economic achievement have been possible thanks to the emerging, fast-growing private sector in Vietnam, which account for more than 61% of the GDP of the country. Since the introduction in the 2000 of the law on enterprises which recognize the legally equal standing of the private sector, seventy thousand new nonstate enterprises have been established and more than one million new jobs created. Thanks to this sound, social economic market environment, Vietnam has able to advance steadily and considered a safe harbor in these stormy time by foreign partners in the global community. Earlier last month the Vietnam-Hong Kong-based... an Economic Risk conservancy rate Vietnam as the safest place in the Asian Pacific region to do business with and the safest destination for international tourism. In other area, Vietnam is pushing ahead with administrative legal reform to be prosperous and strong country in the open democratic and advanced society. In recent years, 23 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 Vietnam poverty reduction and social economic development programs have been highly recognized by the world community, particularly UN development program, UNDP, and the World Bank. However, I have to admit that Vietnam is still a poor country and a low level of development. There remain a number of challenges. We therefore are all the more want to integrate to our international integration, international economic cooperation, and looking forward to your assistance and contribution. In this regard, I would like to note that at present Vietnam has established diplomatic relation with more than hundred sixty countries and has a growing trade and investment relation with more than hundred seventy countries and territories. Vietnam is committed to open up its economy. We are now the member of ASEAN, APAC, ASEM we get top priority to early admission to World Trade Organization, WTO. At the same time we shall work closely with the other ASEAN members to form the free trade area with China, with Korea, and Japan. And we welcome the United States initiative to sign free trade agreement between U.S. and ASEAN member country. On final notes, Mr. Speaker, as I saw in the fortune 500, I see that Illinois proudly has 36 major industrial and businesses in the list, many of them are in the top hundred. I can also see the strongness of the Illinois economy in high tech, biotech, manufacturing, infrastructure building, and especially in agricultural and forestry processing industry. There are the areas that Vietnam would like very much to cooperate with you. Our law on foreign investment is one of the most liberal one in the world which not only provide encouraging incentive, but also all necessary protection to foreign investment in Vietnam. From the podium on behalf of our government, I would like to extend 24 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 to all of you, distinguished Members of House, the invitation to visit Vietnam. Please come to Vietnam and bring with you businesses from your constituency. By doing this, you will help promote understanding, friendly, and mutual beneficial cooperation between the two countries and between Vietnam and your great State of Illinois. I would like to take this opportunity to thank you all for your support in the past and your assistance and cooperation with Vietnam at present. I also would like to ask you to convey my best... to Illinois investor and business people who help play a part in the successful story of Vietnam economy. I would like to, at the end of my speech, to invite all of you to join us in the new battle in Vietnam, this time side-by-side for share, prosperity, and bright future of our lasting relationship. Go to Vietnam. Welcome to Vietnam as a politician, as businessman, and as a tourism. Merry Christmas and have a great holiday season. Thank you very much."

Speaker Madigan

"Mr. Clerk."

Bolin

Clerk Bolin: "Committee Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on December 3rd, 2002, reported the same back with the following recommendation/s: 'direct floor consideration' for Senate Bill 616."

Speaker Madigan

"On page 3 of the Calendar, on the Order of Amendatory Veto there appears Senate Bill 1583. Mr. Capparelli. Mr. Capparelli. Mr. Capparelli. Mr. Capparelli. You don't wish to call Senate Bill 1583? Mr. Hoffman. Mr. Jay Hoffman. Mr. Bost, on Senate Bill 2155."

Bost

"Thank you, Mr. Speaker, Members of the House. Senate Bill 2155, in the Governor's Veto, it was the Bill that added 25 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 the language to make sure that those facilities that are built for off-road racing and those type tracks that are established in a... in an area if it's developed around them that they can't come back later and make new laws... or try to run them out, based on the fact that they were there first. And in the Governor's Veto, he had changed the language or Amendatorily Vetoed and removed the language for facilities that begin and operate after January 1, 2002. Basically takes away the importance of the Bill which is, ya know, in those areas that are not developed right now and if you have a... if you have a race track or something like that develops after this fact it still would be the same problem. And so, I am asking for the override of the Governor's Veto."

Speaker Madigan

"Mr. Winkel. Winkel. Representative Currie."

Currie

"Thank you, Speaker and Members of the House. I rise in opposition to the... to the Sponsor's Motion. I think the Governor made a lot of sense in his description of why he thought there were problems with this Bill. If you happen to be somebody who's living near one of these tracks that suddenly becomes loud, violently loud at 11:00, 12:00, who knows what time at night, I don't think you should be subjected to this kind of harassment. That's what the Governor said and he took out the portion of the Bill that would have said that the ability to avoid liability in noise pollution suits should not apply to people... to tracks that were... for which there were residences and other establishments nearby before the track was created. I don't see why we don't wanna trust our local ordinances to do their job and that's what present law allows them to do. If a county, for example, like Cook wants to impose noise liability standards, noise pollution standards, they 26 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 ought to be able to do that. I believe in local control and I think it would be misguided of this chamber to decide to override the Governor's very sensible recommendations for change in Senate Bill 2155. I urge your 'no' votes."

Speaker Madigan

"Mr. Bost has moved that the... that Senate Bill 2155 pass, notwithstanding the Governor's specific recommendations for change. This Motion requires 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Has Mr. Giles voted? Has Representative Zickus voted? The Clerk shall take the record. On this question, there are 78 'ayes', and 31 'noes'. The Motion, having received the required Three-fifths Majority, the Motion to Override prevails. And Senate Bill 2155 is declared passed, notwithstanding the Governor's recommendations for change. Mr. Hoffman, on Senate Bill 1657. Mr. Hoffman."

Hoffman

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We'd like to move to accept the Amendatory Veto of Senate Bill 1657. The Governor recommended limiting the Bill in that it limited union representatives use of amber lights to only when there vehicles are in construction zones. What this Bill does is it extends the Scott's Law to ensure that road construction maintenance zones are maintained and they are safe and we increase fines for any accidents where damage to property or great bodily injury occur. In addition, what we did is we allowed union representative vehicles to be equipped with amber oscillating lights while they are parked on the roadside. The Governor thought we should limit that, this limits it to only when it's in a construction zone. I would move that we accept the Amendatory Veto." 27 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002

Speaker Madigan

Speaker Madigan: "The Gentleman moves to accept the Governor's specific recommendations for change. The Chair recognizes Mr. Black."

Black

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

Speaker Madigan

"Sponsor yields."

Black

"Representative, very quickly so there is no confusion. The underlying law is not impacted by the Amendatory language and that is making Scott's Law, as I think I heard you say, apply to construction zones and those workers within the zone. The Amendatory language only has to do with the use of the oscillating light by a union business agent, has no impact on the underlying construction zone safety Bill. Correct?"

Hoffman

"Yes, that's correct."

Black

"Okay. Thank you."

Speaker Madigan

"The Gentleman moves that the House accept the Governor's specific recommendations for change with respect to Senate Bill 1657. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Mr. Clerk, take the record. There being 112 people voting 'yes', 0 voting 'no'. The Motion, having received the required Constitutional Majority, the House accepts the Governor's specific recommendations for change regarding Senate Bill 1657. And the Bill is hereby declared passed. Mr. Clerk, on page 2 of the Calendar, on the Order of Senate Bills-First Reading there appears Senate Bill 2424. Read the Bill."

Rossi

"Senate Bill 2424, a Bill for an Act concerning state finance. First Reading of this Senate Bill."

Speaker Madigan

"On the Order of Announcements. Is Mr. Burke in the chamber? Mr. Burke, on the Order of Announcements. 28 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 Mr. Burke."

Burke

"Thank you, Mr. Speaker. I'd like to announce for the Members of the Executive Committee that we will meet at 3 tomorrow afternoon and not at 9. Is that what it was?"

Speaker Madigan

"The Gentleman announces that the Executive Committee will meet tomorrow at 3 p.m. and not at 9 a.m. And Mr. Smith."

Smith

"Thank you, Mr. Speaker. I would like to call the Members attention to a meeting tomorrow morning at 9 a.m. for the Fire Protection Funding Task Force, cochaired by Representative Moffitt. We'll be meeting at 9 a.m. in Room 114 to conclude our business, hopefully."

Speaker Madigan

"On page 3 of the Calendar, on the Order of Total Veto Motions there appears Senate Bill 2160. Chair recognizes Representative Garrett."

Garrett

"Thank you, Mr. Speaker, Ladies and Gentlemen. I'm asking your support to override Senate Bill 2160. This Bill passed the House with 80 votes and it also passed the Senate with 56 votes. Senator Link overrode it in the Senate with 45 votes. It's a great consumer protection Bill consistent with the do-not-call Bill and is supported by AARP. I'm sure you have received some of their materials that they've been giving you. It's a very important Bill and I'd be happy to answer any questions that you may have."

Speaker Madigan

"The Lady moves to Override the Governor. The Chair recognizes Mr. Black."

Black

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

Speaker Madigan

"Sponsor yields."

Black

"Representative, can you give me an example of a problem that this Bill is attempting to correct?" 29 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002

Garrett

"Representative, oftentimes, especially senior citizens will receive cards in the mail advertising an item or a trip or whatever and they... the card requests that the recipient call a toll-free number to find out more about the trip or the prize or whatever. When that happens, oftentimes the recipients find that there is no trip or prize or anything else, that in fact it's a bait and switch. And this is happened over and over again and basically what this Bill does, Senate Bill 2160, is stop those kinds of practices. There is absolutely nobody who is... who has opposed this and as I said earlier AARP has vigorously supported it."

Black

"You mentioned in your answer that the card would give a toll-free number. Does the Bill specifically state that the number on the card or letter has to be a toll-free number or can it be a local exchange number?"

Garrett

"No, it could be a local exchange number. But it's... it's the practice... ya know, I don't think that that has anything to do with the Bill."

Black

"Oh, I think it does. Does the Bill specifically state that this letter or card must be from a out-of-state vendor or can it be from a vendor who lives in the individual's hometown?"

Garrett

"It can be from anybody who decides to send the card."

Black

"Ah ha, thank you. Now you know why I opposed the Bill last spring. Ladies and Gentlemen of the House, she has answered the question that I think most of you need to focus on. Have there been abuses with phone... post cards and letters? Absolutely. Is this Bill going to stop it? If you believe that I've got some land in southern Florida and you don't have to call the phone number, I'll come over and talk to ya. This Bill is so broad that you will stop 30 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 ma and pa merchants in your hometown from sending out a postcard advertising their semi-annual sale or a special on kerosene heaters, one that I got just the other day. If this Bill were more narrowly drafted to go after the obvious scam artist and had an enforcement mechanism, particularly for those individuals who seem to be located generally in the State of Florida, I might be supportive. But don't confuse the issue. This Bill would prevent my brother and my family, who's been in business for 72 years, from sending out a postcard in our hometown of Danville, Illinois advertising the winter furnace cleaning special and my brother's telephone number. If I get a postcard, in the small towns that I represent, from American Motors, I know what American Motors is. They sell Oldsmobiles and Cadillacs and Chevrolets and it might be inviting me to call for a special quote on a program car. I might get a postcard, in fact I just did, from a retail holding merchant that has been in business in Danville, Illinois for 90 years, the Christmas sale begins Saturday, call... bingo, the number that I know by heart. The Christmas sale isn't very specific. This law would outlaw that. Now, it's one thing to go after the crooks, it's another to go hunting gnats with a tennis racket. This Bill goes far beyond what the Sponsor intends it to do. If you wanna narrow the Bill and go after the scam artists, I'll help you do that, but make no mistake this Bill will prevent your neighborhood drug store, your neighborhood clothing store, your neighborhood automobile dealer from sending a postcard to your address advertising a winter sale, a Christmas sale, a spring sale and the phone number to call for that business. In towns like I represent, this is a very cheap method of advertising. These small businesses 31 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 can't get on television, a newspaper ad may cost $30 a column inch, radio may cost $30 for a 30 second spot, but if you've got a customer list and you send out 500 postcards and saying we want you to be the first to know that our Christmas sale starts Monday and the number to call and the store... the store name is always on these postcards or always on these letters. Let's not attempt to go after the scam artist and in the process prevent a small business man or woman trying to make a living from doing a very reasonable cost to advertise a sale. The Bill is simply too vague, it is too broadly drafted. That is why the Governor vetoed it, it's the reason I voted against it last spring. And I would urge my colleagues to uphold the Governor's Veto, narrow the scope of the Bill, and come back next spring. Let's go after the crooks. Let's not put more ma and pa merchants at a competitive disadvantage in small towns or neighborhood shopping areas all throughout the State of Illinois. I urge a 'no' vote. And Mr. Speaker, should this Bill prevail, I will request a verification."

Speaker Hartke

Speaker Hartke: "Your request will be granted. Further discussion? Seeing no one, Representative Garrett to close."

Garrett

"In closing, I would like to disagree with Represe... the Representative in that these kinds of cards are sent specifically to people... we've heard of bait and switch and that's exactly what this is. This Bill does not go after the small town hardware store. This Bill doesn't go after the local grocery store or the local clothing store. This Bill goes after the scam artist. There's no way the Bill can be more narrowly drafted. It is a good Bill. It's Illinois' way of coming down and providing consumer 32 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 protection especially to our senior citizens who are often preyed upon by the bait and switch con artist that do go after men and women in small towns as well as urban areas. I request a 'yes' vote from you and hope that you will support this override. Thank you."

Speaker Hartke

"The question is, 'Shall the House pass Senate Bill 2160 the Veto of Governor notwithstanding?' This Motion requires 71 votes. This is final action. 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 Motion, there are 54 Members voting 'yes', 55 Members voting 'no', 2 Members voting 'present'. And this Motion fails. Representative Parke, for what reason do you seek recognition?"

Parke

"Thank you, Mr. Speaker. I need to know where the Insurance Committee that's scheduled to meet, what time is it supposed to meet and where? I just heard that there was... Insurance was supposed to meet after Session, but I don't know where or what time."

Speaker Hartke

"D-1."

Parke

"Thank you very much."

Speaker Hartke

"On Supplemental Calendar #1 appears Senate Bill 912. Mr. Clerk, read the Bill."

Rossi

Clerk Rossi: "Senate Bill 912, a Bill for an Act with regard to education. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Motions have... no Motions have been filed. No further Floor Amendments approved for consideration."

Speaker Hartke

"Mr. Clerk, on Supplemental Calendar #1 appears Senate Bill 2390. Leave the Bill on Second Reading. Mr. 33 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 Clerk, Senate... on Supplemental Calendar #1 appears Senate Bill 2390. Mr. Clerk, read the Bill."

Rossi

"Senate Bill 2390, a Bill for an Act regarding appropriations. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration."

Speaker Hartke

Speaker Hartke: "Leave that Bill on Second Reading. Mr. Clerk, Agreed Resolutions."

Rossi

"House Bill 104... House Resolution 1045; House Resolution 1051... Agreed Resolutions. House Resolution 1103, offered by Representative Meyer; House Resolution 1104, offered by Representative Bill Mitchell; House Resolution 1105, offered by Representative Bill Mitchell; House Resolution 1106, offered by Representative Novak; House Resolution 1107, offered by Representative Delgado; House Resolution 1109, offered by Representative Schoenberg."

Speaker Hartke

"All in favor of the Agreed Resolutions signify by saying 'aye'; opposed 'no'. In opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Mr. Clerk, for an announcement."

Rossi

"The Rules Committee will meet immediately in the Speaker's Conference Room. The Rules Committee will meet immediately in the Speaker's Conference Room."

Speaker Hartke

"Representative Mautino for a Motion."

Mautino

"Thank you, Mr. Speaker. I move to suspend the posting requirements for Senate Bill 2424 so it can be heard in Constitutional Officers Committee tomorrow."

Speaker Hartke

"Did you say tomorrow? Are you requesting the suspension of the posting requirements so it can be heard tomorrow?" 34 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002

Mautino

"Excuse me, I would ask that the posting requirements be suspended for Senate Bill 2424."

Speaker Hartke

"For 9 a.m. in D-1 tomorrow."

Mautino

"At... for 9 a.m. in D-1 tomorrow."

Speaker Hartke

"You've heard the Gentleman's Motion. Mr. Black. Representative Black"

Black

"Mr. Speaker, I... if you could take this out the record for a few minutes. I'm not aware of this Motion and I don't think our spokesperson on the committee is aware of the Motion. We'd just like to know what's going on before we do."

Speaker Hartke

"Your request will be honored for a couple of minutes."

Black

"Thank you."

Speaker Hartke

Speaker Hartke: "Chair recognizes Representative Brunsvold. For what reason do you seek recognition?"

Brunsvold

"Well, thank you, Mr. Speaker. And I would like to give my condolences to Rich Myers. Is Mr. Myers in the chamber? I believe he represents the fine school of Carthage, Illinois and my condolences are for his loss to Aledo in the AA Championship game which is in my district. In a 41-40 overtime game. It was probably one of the best high school games I've ever seen. So, my condolences to Mr. Myers on his loss to Aledo in my district."

Speaker Hartke

Speaker Hartke: "We will all send our condolences to Mr. Myers. Are congratulations in order to your school? Okay. Chair recognizes Representative Poe."

Poe

"Mr. Speaker, for an announcement. The Republicans will caucus tomorrow morning at 10:30 in Room 118."

Speaker Hartke

"Republicans will caucus tomorrow in Room 118. What time was that? 10:30."

Rossi

Clerk Rossi: "Attention Members, the Rules Committee will meet 35 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 immediately in the Speaker's Conference Room. The Rules Committee will meet immediately in the Speaker's Conference Room."

Speaker Hartke

Speaker Hartke: "The Chair will recognize Representative Mautino for a Motion... a re-Motion."

Mautino

"Thank you. Yes, we have an Agreed Motion now to suspend the posting notice for Senate Bill 2424 that will be heard in Constitutional Officers tomorrow at 10. And I'd also like to ask the Clerk to add my cosponsor, Representative Lindner, to the board... correct the board."

Speaker Hartke

"Mr. Clerk. Will be done. You've all heard the Gentleman's Motion. Is there any objection? Seeing none, the posting notice is suspended. Mr. Clerk, would you... Members will notice that we have a new House Committee Schedule. The Clerk will read the schedule. Please pay attention."

Bolin

Clerk Bolin: "The following committees will meet at 4 p.m.: the Computer Technology Committee in Room 122-B, the Conservation & Land Use Committee in D-1, the Counties & Townships Committee in Room 118, the Elementary & Secondary Education Committee in Room 114, the Human Services Committee in Room C-1. The following committees will meet at 4:30: the Insurance Committee in Room D-1, the Judiciary 1-Civil Law Committee in Room C-1, the Revenue Committee in Room 118, the State Government Administration Committee in Room 122-B, the Transportation & Motor Vehicles Committee in Room 114. The following committees or task forces will meet on Wednesday, December 4th. At 9 a.m. the Fire Protection Funding Task Force will meet in Room 114. At 10 a.m. the Constitutional Officers Committee will meet in Room D-1, the Elementary & Secondary Education Committee will meet in Room 114. At 3 p.m. the Executive Committee 36 STATE OF ILLINOIS 92ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day December 3, 2002 will meet in Room 118."

Speaker Hartke

"Further announcements? Representative Hamos."

Hamos

"Thank you, Speaker. I would also like to announce that tomorrow morning at 9 a.m. the House Urban Revitalization Committee has held hearings on housing and we will sit together to discuss our ideas on what we could maybe think about for a housing plan for Illinois. Everyone's invited. Room M-1, Stratton, 9 a.m."

Speaker Hartke

Speaker Hartke: "Any further announcements? We're preparing to adjourn, allowing perfunctory time for the Clerk. Representative Currie now moves that the House stand adjourned until Wednesday at 12 noon. All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned." 37