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Illinois House Floor Debate — March 18, 2003

93rd General Assembly (2003-2004) · Legislative day 30
Chamber
House
General Assembly
93rd (2003-2004)
Date
March 18, 2003
Legislative day
30
Speaker turns
859
Original
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Michael J. Madigan (D)

“The House shall come to order. Members shall be in their chairs. We shall be led in prayer today by Pastor Peter Williams of the St. Paul Baptist Church in Freeport. Pastor Williams is the guest of Representative Jim Sacia. The guests in the gallery may wish to rise and join us for the invocation and the Pledge of Allegiance.”

Pastor Williams

Pastor Williams: “Thank you, Mr. Madigan and thank you, Representative Sacia for giving us this opportunity on today. Let us pray. God, of our weary years, God, of our silent tears, thou who has brought us thus far on our way. Thou who has by Thy might, led us into the light, keep us in the path, we pray. Lest our feet stray from the path where our God where we met thee. Lest our hearts drunk with the wine of the world, we forget thee. Shadow beneath Thy hand may we forever stand, true to our God and true to our native land. Our Father and our God, we come on today standing here in Springfield, Illinois, before this Legislature. Even in the eve of our nation going to war, we pray, Lord, right now for our President, George Bush, that You might give him wisdom and knowledge, Lord, power to make better decisions for this, our country. And we pray, Lord, for it says in Your word that the heart of the King is as rivers of water in the hand of God. And so, Father, we just pray today that our President gave Saddam Hussein 48 hours to leave Baghdad and we pray, Lord, that You… You can even turn Saddam’s heart around, even right now. We thank You, God, for being a miracle, a working God. And then, Father, You said to us in Your word, You 09300030.doc 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 said, if my people who are called by my name, if they would humble themselves and pray and seek My face and turn from their wicked ways then will I hear from heaven. I will forgive their sin, I will heal their land. And so, Father, we say on today, heal our land, we need You right now. Oh, Father, we pray that You might turn our hearts back to You or that, Father, that this Legislature, Father, might make decisions and enact laws, Father, for the betterment, Lord, of Your people, the people of Illinois. Oh, Father, I pray for the Majority Leader, I pray, Father, for the Minority Leader. I pray, Father, for each and every one of them under the sound of my voice on this morning. I pray, Father, that on this day that You might help them, Father, to put down partisan politics and do that which is best for the State of Illinois. And then, Father, we pray for our Governor on the eve of having, Father, a budget crisis in this state. We pray that as he proposes cuts that this Legislature, Father, might dispose of those cuts and do the right thing for all of the citizens of Illinois. Oh, Father, we just pray, right now, that You might help them on today, for You said, in Your word, ‘except the Lord build a house, they that build it labor but in vain.’ And so, by Your providence on today, help us, Father, to make the right decision and to do that which is best for Illinois. Bless us, just now, be pleased to be among us. It’s in Jesus’ name we pray. Amen and Amen.”

Michael J. Madigan (D)

“We shall be led in the Pledge of Allegiance by Representative Washington.” 09300030.doc 2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Washington – 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.”

Michael J. Madigan (D)

“Roll Call for Attendance. Representative Currie.”

Barbara Flynn Currie (D)

“Thank you, Speaker. Please let the record show that Representative May is excused today.”

Michael J. Madigan (D)

“Mr. Bost.”

Mike Bost (R)

“Thank you, Mr. Speaker. Let the record reflect that Representative Daniels is excused today.”

Michael J. Madigan (D)

“The Clerk shall take the record. There being 113 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk.”

Bolin

Clerk Bolin: “Committee Reports. Representative Molaro, Chairperson from the Committee on Revenue, to which the following measure/s was/were referred, action taken on Thursday, March 13, 2003, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 3054.”

Michael J. Madigan (D)

“Representative Lyons. Joe Lyons.” Lyons, J.: “Thank you, Speaker. For a just a short announcement.”

Michael J. Madigan (D)

“State… state your point.” Lyons, J.: “There is… there is Irish soda bread here, as it’s been the tradition the last three, four years. The girl I married, Karen Celeste Bridget Mahoney, did bake some Irish 09300030.doc 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 soda bread. So, enjoy yourself, a day after St. Patrick’s Day. Thanks, Speaker.”

Michael J. Madigan (D)

“Is Mr. Acevedo in the chamber? Mr. Acevedo. Representative Bailey. Representative Bailey. Berrios, you are the Sponsor of House Bill 3552, on the Order of Second Reading. Do you wish to move that to Third? 3552. Mr. Clerk, what is the status of House Bill 3552?”

Bolin

“House Bill 3552, a Bill for an Act concerning adoption. Second Reading of this House Bill. Amendment #1 has been adopted in committee. No Floor Amendments. No Motions filed.”

Michael J. Madigan (D)

“Third Reading. Mr. Boland, did you wish to move House Bill 102? Mr. Clerk, what is the status of House Bill 102?”

Bolin

Clerk Bolin: “House Bill 102 is on the Order of House Bills-Third Reading.”

Michael J. Madigan (D)

“Mr. Boland, do you wish to call the Bill on Third Reading? Mr. Clerk, read the Bill.”

Bolin

“House Bill 102, a Bill for an Act concerning forced labor. Third Reading of this House Bill.”

Michael J. Madigan (D)

“Mr. Boland.”

Mike Boland (D)

“Thank you, Mr. Speaker. House Bill 102, the ban on forced labor goods, is a Bill that we passed out of committee unanimously. We passed it out of the House three times before. What it would do is require that all contracts entered into by a state agency for the procurement of equipment, materials or supplies would have to specify that no goods, no foreign made goods within the 09300030.doc 4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 contract, have been produced in whole or in part by forced labor, convict labor or indentured labor, under penal sanction. This is a Bill that strikes both a moral core and also helps our Illinois businesses and our Illinois labor by requiring that any contractor who is going to sell goods to the State of Illinois would have to sign a statement that they did not knowingly, and this is the key word, that they did not knowingly get these materials or purchase these materials from those dictatorships that put political and religious prisoners in work camps, make them work for nothing and then ship their goods to the United States to undercut our legitimate business and labor here in the United States of America and here in… in the State of Illinois.”

Michael J. Madigan (D)

“Mr. Parke.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Could you give me a clarification? Are we on Third Reading Roll Calls or are we on Second Reading? What is the… the pleasure of the Chair right now? What are we… where are we at? And if this is a Third… this is Third Reading vote, right?”

Michael J. Madigan (D)

“Yes. This Bill is on Third Reading. It was on Third Reading when it was called.”

Terry R. Parke (R)

“All right. But you were jumping around from 102… I mean, from a couple others. Is… are we on the business of Third Readings now for part of this… part of this afternoon now? Is that the purpose here? ‘Cause…” 09300030.doc 5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Michael J. Madigan (D)

“We are now proceeding alphabetically among the Democrats, asking Members which Bill they wish to call first.”

Terry R. Parke (R)

“Okay. By alpha and… it’ll be Third Reading by alpha.”

Michael J. Madigan (D)

“Well, we go to the Member and we ask for a Bill number. Now, in the case of Mr. Boland, his Bill was on Third Reading.”

Terry R. Parke (R)

“Okay.”

Michael J. Madigan (D)

“In the case of the first one, the Bill was on Second Reading. So, I was only able to move it from Second to Third.”

Terry R. Parke (R)

“Okay. Mr. Chair… Mr. Speaker, if you’d be kind enough to let the Body know when we’re at a Third Reading vote, so that the Members are aware, I would appreciate that. Thank you.”

Michael J. Madigan (D)

“Yes. Mr. Lang.”

Lou Lang (D)

“Thank you. Will the Sponsor yield for a quick question?”

Michael J. Madigan (D)

“Sponsor yields.”

Lou Lang (D)

“Thank you. Representative, I just wanna make sure I read the Bill right. This is only for foreign made goods, so it would not have any impact on the prison system of Illinois. Is that correct?”

Mike Boland (D)

“Right. It is only foreign made goods.”

Lou Lang (D)

“Thank you.”

Michael J. Madigan (D)

“Mr. Black.”

William B. Black (R)

“Thank you very much, Mr. Speaker. Inquiry of the Chair.” 09300030.doc 6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Michael J. Madigan (D)

“State your inquiry.”

William B. Black (R)

“Yes. First of all, when we go to Third Reading, is… do the rules not require you to ring the bell? I think that’s what caught us asleep. You didn’t ring the bell. You’re in violation of the House Rules.”

Michael J. Madigan (D)

“Mr. Black, we’re always happy to ring your bell.”

William B. Black (R)

“Thank you. Now we’re ready. Okay. Everybody’s awake, everybody’s onboard. That means we’re on Third Reading. Further inquiry of the Chair, Mr. Speaker. Is this… is this the Gentleman’s first priority Bill?”

Michael J. Madigan (D)

“I believe the answer to that question would be ‘yes’.”

William B. Black (R)

“All right. So, this is your first priority Bill. I mean, even though the House Rules don’t make any mention of first priority or second priority, this is your #1 priority Bill. Thank you. Will the Gentleman yield?”

Michael J. Madigan (D)

“Sponsor yields.”

William B. Black (R)

“Representative, very interesting Bill. We shall buy no product made by forced or convict labor. I have a chair in my office made by convicts in the Illinois Department of Corrections. Do I have to send it back?”

Mike Boland (D)

“No. This has nothing to do with convict labor as far as the State of Illinois or anywhere in the United States. This is only foreign-made goods and… Representative, it’s aimed at those dictatorships like China that have imprisoned people, many of the students from the Tiananmen Square demonstrations, people who have handed out Bibles 09300030.doc 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 and been arrested and put in these camps, forced to work for nothing and then their goods are shipped out. And we wanna make sure that the State of Illinois does not knowingly, and that’s a key word because any of us, ya know, we go to Kmart or Wal-Mart, we buy something, it says made in China or made in Afghanistan or wherever, we don’t know but those… this is aimed at a type of scoundrel who might go and seek out these goods knowing that he can undercut the price that is put forth by business… normal business in Illinois and our workers here in Illinois.”

William B. Black (R)

“So, the answer to my question is, if convict labor makes a product in Illinois, that’s okay for us to buy, but if convict labor from Brazil or Argentina or Chile or China, then we can’t buy that?”

Mike Boland (D)

“Well, that… I wouldn’t necessarily agree with your first statement, I… personally. But this Bill is only aimed at… at that.”

William B. Black (R)

“I’m not sure the Bill specifies a clear definition of ‘convict labor’. I’ll take your word for it. I couldn’t find it. Now, the enforcement… the enforcement provision of the Bill I find very, very interesting. Who enforces this law?”

Mike Boland (D)

“Let me… I’m still a little sleepy yet, Representative. Let me look it up here in the Bill. The… the state agency involved could… could void this, it’s… it’s their option. They could void the contract.”

William B. Black (R)

“So, in other words, each state agency will investigate its own purchase. Correct?” 09300030.doc 8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Mike Boland (D)

“No. No. Any investigation has to be carried out by some outside group that would have to bring this forth and then there would be a hearing on it. In other words, there are some groups, some human rights groups, particularly again using China as the example, that have looked at and tracked goods made by these particular work camps. This is, incidentally, this is based on a… on legislation that’s been enacted for several years now by Massachusetts and California.”

William B. Black (R)

“Well, I…”

Mike Boland (D)

“So, it’s not… not my idea, wish I could claim it was.”

William B. Black (R)

“Oh, no. I… listen, California is the bellwether state. I… I think we should adopt the entire statute, volumes of California because if there’s ever a state that is just run efficiently, effectively and fairly for all concerned, hey, it’s California. I mean, it is the… it’s the beacon of hope for the world. There’s no question about that. The enforcement provision of your Bill, while you gave me a good answer, is still a little bit vague. An outside group will bring a complaint? What’s the definition of an ‘outside group’?”

Mike Boland (D)

“Well, what I’m saying is that it is not the agency’s job to do this. This is… if someone brings a complaint, they would have to show what… that there is proof that this was done.”

William B. Black (R)

“So, if the Department of Corrections goes out for bids for 5 thousand pair of tennis shoes and the shipment comes from Singapore via Los Angeles, what group would… would 09300030.doc 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 then be able to stand in opposition saying perhaps these tennis shoes were made by forced labor under inhumane conditions?”

Mike Boland (D)

“Well, if, for example, the state AFL-CIO or some shoemaker’s union…”

William B. Black (R)

“Ahhh…”

Mike Boland (D)

“…they would come forth and bring forth a complaint.”

William B. Black (R)

“Yes.”

Mike Boland (D)

“But they would have to show proof that that is so.”

William B. Black (R)

“Well, the… the interesting part of your Bill is that if the AFL-CIO and the American Society of Safe and Humane Sneakers files a complaint, the language in your Bill says the state ‘may’ void the contract. They don’t have to.”

Mike Boland (D)

“Right.”

William B. Black (R)

“That’s… that’s… this is a very interesting Bill. I… and I appreciate your forthright answers to the question.”

Charles A. Hartke (D)

“Representative Hartke in the Chair. Further discussion? Chair recognizes Representative Franks.”

Jack D. Franks (D)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor indicates he will yield.”

Jack D. Franks (D)

“Mike, I’m just reading our analysis and I see Illinois Manufacturers’ Association has no position on this. Have you… have you talked to them about this Bill?”

Mike Boland (D)

“I did not this time. There was… I’m trying to recall the last time, not this time, that we brought this Bill before us. But I took language that, especially the key phrase ‘knowingly’, from business groups that had asked that that be placed in it.” 09300030.doc 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Jack D. Franks (D)

“Yeah, I read that and I thought that was a good change. Can you tell me why the Illinois Chamber of Commerce is an opponent while the IMA is neutral?”

Mike Boland (D)

“Well, I don’t know and that’s interesting because it was the Illinois Chamber that, in the last term when I brought this Bill, in the Labor Committee they actually were neutral and had asked that this language be put in. I put it in at their request. I think it was good and it strengthened the Bill.”

Jack D. Franks (D)

“No good deed goes unpunished. Thank you, Representative. I think it’s a good Bill and I’ll be supporting it.”

Mike Boland (D)

“Thank you.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Representative Mulligan, the Lady from Cook.”

Rosemary Mulligan (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield.”

Rosemary Mulligan (R)

“Representative Boland, Representative Black asked some of the questions that I was interested in, but would you give me the definition of ‘forced labor’ as in the Federal Tariff Act of 1930?”

Mike Boland (D)

“Let me look and see here. The fed… I don’t have the Federal Act before me. I can read you this. The Federal Tariff Act of 1930 prohibits the importation of any goods produced in whole or part by forced convict or indentured labor, but it does not require importers to certify that such labor was not used. So, I think, actually, our legislation is… is better than the Federal Law.” 09300030.doc 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Rosemary Mulligan (R)

“Under our outline or analysis, and I have not gone into the Bill to see if it’s different than this, it appears that everybody but the complaintent in this would have to reas… would have to pay the… fees to the state agency. If someone makes a false complaint against someone in order to either hold up a contract or discredit that contractor, do they also have to pay if it was proven that it was a false complaint? Do they have to pay the state agency back for examining the information or the case?”

Mike Boland (D)

“I believe so, but I’m not… I’m not absolutely sure on that. I’m reading the Bill. I can’t say on that, Representative.”

Rosemary Mulligan (R)

“Because it appears from our analysis that the agency would pay for it, which would mean the state. The contractor would be assessed, but if someone makes a false complaint, they’re not assessed. And I would think that would be a deterrent against someone for making a false complaint just to discredit a contractor or keep a contract from going forward.”

Mike Boland (D)

“You know, Representative, you’re absolutely right as far as the agency and the contractor, what you had said. And I would be more than happy in the Senate, if they would amend that to put in what you’re talking about. That’s a good suggestion.”

Rosemary Mulligan (R)

“I think that would make it a fairer Bill and less likely to be open to someone who just wants to hold up a contract or discredit someone.” 09300030.doc 12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Mike Boland (D)

“I believe you’re right. And as I said, I’d be more than happy to have the Senate amend that and add that into the Bill. I think it would strengthen it.”

Rosemary Mulligan (R)

“Thank you.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Representative Morrow.”

Charles G. Morrow III (D)

“Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Will the Gentleman yield?”

Charles A. Hartke (D)

“The Gentleman will yield.”

Charles G. Morrow III (D)

“Representative Boland…”

Mike Boland (D)

“Yes.”

Charles G. Morrow III (D)

“…does this Bill also include convict labor within this state?”

Charles A. Hartke (D)

“Shhh.”

Mike Boland (D)

“No, it doesn’t. It’s only aimed at foreign made goods.”

Charles G. Morrow III (D)

“Why… why didn’t it include convict labor or con… inmates being used as forced labor within the State of Illinois?”

Mike Boland (D)

“Well, I have no problem with that. This Bill actually is modeled after laws that were passed in other states that was specifically aimed at political and religious prisoners in places like China where they’re… they may be arrested for advocating democracy, as many of the students at Tiananmen Square were. They may be religious people that are passing out Bibles and are arrested. And I cannot remember the other group, there’s a philosophical group. I know Representative…” 09300030.doc 13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles G. Morrow III (D)

“Well…”

Mike Boland (D)

“Well, anyway, we’ll… that’s another thing. But it’s aimed at that specific problem. I have no problem with what you’re talking about. If you would like to sponsor a Bill like that, I’d be more than happy to cosponsor it. Or if you want me to do it, I’ll be more than happy to do it.”

Charles G. Morrow III (D)

“Well, I understand that your concern about political prisoners overseas, but we got political prisoners right here in this State of Illinois. I have one… one… one other question to ask. What goods are being purchased… or what goods are being purchased by the state that… that are… that are made by forced labor overseas?”

Mike Boland (D)

“Well, we don’t know, and that’s one of the things that this is aimed at. This is more preventive medicine than it is to try to catch somebody. But there are groups that have actual whole books of pictures of the goods and so forth that is being shipped over to the United States. And I don’t know personally, ya know, what ones are or are not being bought here, but we wanna prevent that from happening.”

Charles G. Morrow III (D)

“Well, now… now… now you’ve raised another question in my head because if you don’t know what goods are being purchased by the state, that are made by forced labor overseas, what’s the purpose and intent of having this Bill? I… I… I would be more concerned about forced labor by the inmates of… of this state being forced to manufacture certain goods that are used by us.”

Mike Boland (D)

“Well…” 09300030.doc 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles G. Morrow III (D)

“So, I… I… I… I… I know this Bill has been around. I really wish you would hold this Bill so we can amend it to include forced labor within the State of Illinois.”

Mike Boland (D)

“Well, Representative, I appreciate your concern and as I said, I’d be more than happy to sponsor that in the future or to cosponsor it with you or anyone else. That is an issue that needs to be addressed. I’m more than happy to do that. I would like to get this Bill over in the Senate. If somebody in the Senate would like to add that on, then I’d be more than happy to talk about it.”

Charles G. Morrow III (D)

“Thank you, Mr. Speaker. I don’t have any further questions. Thank you.”

Charles A. Hartke (D)

“Further discussion? Representative Boland to close.”

Mike Boland (D)

“Thank you very much, Mr. Speaker and Members. This is an excellent Bill that gives us a chance at preventive measure. It… it also lets us strike a… a moral tone or a moral message that the State of Illinois is not interested in purchasing goods that are made by forced labor, political and religious prisoners, in various dictatorships around the world. It also, I believe, sets a good tone for our Illinois business and labor in that they can know that they will not be undercut by some rascal who decides to go over to some country, get goods and undercut the bidding process of businesses in Illinois that pay legitimate wages here. Thank you very much. I’d appreciate a… an ‘aye’ vote.” 09300030.doc 15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“The question is, ‘Shall the House pass House Bill 102?’ 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 were 111 Members voting ‘yes’, 4 Members voting ‘no’, and 1 Member voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 20 on the Calendar, on Second Reading appears House Bill 2453. Representative Bradley. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2453, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 31 on the Calendar, on Second Reading appears House Bill 2860. Representative Bailey. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2860, a Bill for an Act concerning drug treatment services. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 15 on the Calendar, on Second Reading appears House Bill 2146. Representative Brosnahan. Out of the record. On page 3 on the Calendar, on Second Reading appears House Bill 132. Representative Capparelli. Mr. Clerk, read the Bill.” 09300030.doc 16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Rossi

“House Bill 132, a Bill for an Act in relation to the Metropolitan Water Reclamation District. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 19 on the Calendar, on Second Reading appears House Bill 2441. Representative Chapa LaVia. Representative Chapa LaVia. Mr. Clerk, read the Bill.”

Rossi

Clerk Rossi: “House Bill 2441, a Bill for an Act conc… concerning consumer fraud. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 31 on the Calendar, on Second Reading appears House Bill 2553. Representative Collins. Representative Collins. Mr. Clerk, read the Bill.”

Rossi

“House Bill 25…”

Charles A. Hartke (D)

“2853? Yes, 2853. Pardon me, Mr. Clerk.”

Rossi

“House Bill 2853, a Bill for an Act in relation to minors. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. Representative Black, for what reason do you seek recognition?”

William B. Black (R)

“Mr. Speaker, an inquiry of the Chair.”

Charles A. Hartke (D)

“State your inquiry.” 09300030.doc 17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

William B. Black (R)

“It was indicated to us earlier that we would go down the Calendar in alphabetical order.”

Charles A. Hartke (D)

“That’s correct.”

William B. Black (R)

“Now, I’m not the brightest bulb in the pack, but ‘B’ comes before ‘C’. Two ‘Bs’ have already been skipped on our side of the aisle.”

Charles A. Hartke (D)

“Yes.”

William B. Black (R)

“What is this alphabetical order?”

Charles A. Hartke (D)

“This is the Democrat alphabetical order. As soon as we compile your list, we will be proceeding with Republican Bills.”

William B. Black (R)

“I’m sorry, as soon as you get our list?”

Michael J. Madigan (D)

“Speaker Madigan in… Speaker Madigan in the Chair. Mr. Black, this is the list from the Republicans, which I received about… ago. I’ve been attempting to read it. I’ve been interrupted twice. But as soon as I finish speaking to you, I’ll attempt to go back and read through this again.”

William B. Black (R)

“And where did this list come from?”

Michael J. Madigan (D)

“The office of a Gentleman named Tom Cross.”

William B. Black (R)

“I see. So, this must…”

Michael J. Madigan (D)

“Right… right through this door.”

William B. Black (R)

“What… is this to be our priority list, is that what this is?”

Michael J. Madigan (D)

“The answer is ‘yes’.”

William B. Black (R)

“I see. In conjunction with what House Rule might that be?” 09300030.doc 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Michael J. Madigan (D)

“It’s in conjunction with a discussion that I had with Mr. Cross in terms of providing for management of the flow of Bills on the floor. I might add, that given the sponsorship of Bills among Democrats and Republicans, this system will get more Republican Bills called than without it. I think that’s a significant point that ought to be made.”

William B. Black (R)

“Well, Mr. Speaker, I… again, this is in violation of the House Rules, and I’m very happy that you and Leader Cross are having a good relationship and discussing this. It warms the cockles of my heart. But when we left here last week, 56 Democrat Bills had been cleared from the House, 28 Republican Bills had been cleared from the House. One Democrat had six Bills, six Bills cleared from the House. I assume all of his priorities are then gone.”

Michael J. Madigan (D)

“Mr. Black, those statistics make my point. And I think it’s very understandable that, given Democratic control of both chambers and the Governor’s Office, that you’ll find proponents of Bills gravitating to Democrats rather than Republicans. So, the numbers that you just cited are to be expected. I would reiterate my point. The proposed system, which will provide that we will proceed alphabetically, Democrat and Republican, will get more Republican Bills called than not using it. And again, I just got this list about 20 minutes ago.”

William B. Black (R)

“Well, that’s good. I’m sure I’m not on it and I… at this point, I really don’t care. But I just… I wanna say this. You said something a while ago and I’m not going to 09300030.doc 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 take it the way I think you said it. But in… in… in light of the Democrats controlling both Houses, I’ve always known you to be a fair man. But there was a tone in your voice that I interpret as, we run the House, we run the Senate, sit down, we’ll call your Bill if you want to. That’s fine. You can come into my district and explain why my constituents’ Bills can’t be called because they’re not in the priority list. I’m not gonna explain it to ‘em, Mr. Speaker, you are.”

Michael J. Madigan (D)

“Mr. Black, I wish to take exception to what you just said. And I clearly did not intend to say something, take it or leave it. And… and I listened to you, I’m surprised why you’re not listening to me. Mr. Hartke in the Chair.”

Charles A. Hartke (D)

“Proceeding on page 43 on the Calendar, on Second Reading appears House Bill 3532. Representative Colvin. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3532, a Bill for an Act in relation to incarceration. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 49 on the Calendar, on Third Reading appears House Bill 2235. Representative Currie. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2235, a Bill for an Act regarding education. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Currie.” 09300030.doc 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Barbara Flynn Currie (D)

“Thank you, Speaker and Members of the House. Current law requires that eight percent of the Early Childhood Block Grant funds go to really early programs, zero to three programs, preprimary programs. The current practice is that 11 percent of those funds go to those very important programs that help children avoid becoming at- risk later in their lives. This Bill, House Bill 2235, would codify current practice, which is to say that 11 percent of the total block grant for early childhood education would go to these particularly vulnerable children, zero to three set, so that we might make sure that our young are given the very best shot from the very get-go. I know of no opposition. I would be happy to answer your questions. And I’d appreciate your support for the Bill.”

Charles A. Hartke (D)

“Further discussion? The Chair recognizes the Lady from Will, Representative Kosel.”

Renee Kosel (R)

“Thank you, Mr. Speaker. I just want to reiterate what the… what the previous speaker said. This codifies existing practice within the block grant and does not constitute an increase in the proportions of the block grant that are being allocated to early childhood. Thank you.”

Charles A. Hartke (D)

“Further discussion? The Chair recognizes the Gentleman from Cook, Representative Parke.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield.” 09300030.doc 21 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Terry R. Parke (R)

“Representative, can you explain to us how this does not increase the budgetary request for this program?”

Barbara Flynn Currie (D)

“The amount that is spent in the block grant is a hundred percent. Current statute says eight percent of that hundred percent, whether it’s a hundred dollars, ninety-nine dollars, or a hundred and forty dollars, eight percent will go to the very early programs. Current practice actually spends eleven percent of that total, whatever it is, on very early childhood programs. This measure codifies the eleven percent. So, it doesn’t tell you anything about the size of the total cost. It could be a hundred bucks, it could be fifty bucks, it could be a hundred and fifty bucks. This just codifies current practice, which says is eleven percent of the total will go to these critical programs for the very youngest children who need our help.”

Terry R. Parke (R)

“Okay. Well, it sounds like something that’s a good idea, but where are you taking the money from? If you’re… if you’re increasing it…”

Barbara Flynn Currie (D)

“This is a…”

Terry R. Parke (R)

“…for this, where are you taking it from?”

Barbara Flynn Currie (D)

“This is a zero-sum gain, you’re quite right. There’s a hundred percent, whatever that dollar amount is, in the early childhood block grant. This codifies current practice, which has been to spend eleven percent on these very early programs. So, as of today, it takes money from nowhere, it only makes secure and makes it clear public policy that we believe that eleven percent of those dollars 09300030.doc 22 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 ought to go to the very youngest, most vulnerable, of our children who can benefit the most from an early learning boost.”

Terry R. Parke (R)

“Okay. Now, so in essence, you’re saying whatever the block grant is, we’re gonna shift it.”

Barbara Flynn Currie (D)

“And that’s what is current practice.”

Terry R. Parke (R)

“What if… what if the block grant is less because the Governor has to continue to make cuts?”

Barbara Flynn Currie (D)

“There will…”

Terry R. Parke (R)

“Does it… it won’t really matter will it? I mean, you’re just gonna shift from one aspect…”

Barbara Flynn Currie (D)

“We’ll…”

Terry R. Parke (R)

“…to increase it eleven percent.”

Barbara Flynn Currie (D)

“We’ll continue current practice, which is that eleven percent goes to the zero to three.”

Terry R. Parke (R)

“Representative, did anybody object to that? I mean, is this something that seems to have a pretty… pretty good approval from everybody?”

Barbara Flynn Currie (D)

“Everybody is in favor of this.”

Terry R. Parke (R)

“Okay. And…”

Barbara Flynn Currie (D)

“The whole world is for it, Representative.”

Terry R. Parke (R)

“Okay. All right. Thank you, Representative.”

Charles A. Hartke (D)

“Further discussion? The Chair recognizes the Lady from Cook, Representative Mulligan.”

Rosemary Mulligan (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield.”

Rosemary Mulligan (R)

“Representative, I’m also on this Bill as a cosponsor, but the Governor has made certain promises to 09300030.doc 23 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 increase the Early Childhood Block Grant by a significant amount of money, which may change the percentage. Is this percentage the minimum of eleven percent as in the budget this year rather than if we increase the total amount to be eleven percent of the budget next year?”

Barbara Flynn Currie (D)

“This is a floor, it is a minimum. The state board could spend more than eleven percent on the zero to three programs, this Bill says that they must spend at least eleven percent on those programs.”

Rosemary Mulligan (R)

“All right. But if the Governor earmarks a certain amount of money in the new budget towards that, but then the overall budget goes down, it may be significantly more than eleven percent, so how would we work with it then?”

Barbara Flynn Currie (D)

“Well, I think the point of this Bill is to say, look, let’s make a clear commitment to these critical programs that affect the kids at the very earliest time who clearly need an extra boost. And this Bill was proposed by Kids Path. It is supported by the State Board of Education, by the various teacher groups in the state, and I know of no opposition. Again, this is a floor.”

Rosemary Mulligan (R)

“No, I realize that…”

Barbara Flynn Currie (D)

“If we’re able to spend more, we will.”

Rosemary Mulligan (R)

“I’m on it as a cosponsor, so I realize that. I’m just thinking that the percentages may change because we haven’t seen the budget and he’s made a significant promise to increase, once again, the money there. So, I’m just wondering if we put it in percentage, if it’s going to diminish the money at all.” 09300030.doc 24 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Barbara Flynn Currie (D)

“No. I… I don’t see how it can diminish our support for these programs. In… in the first place, if there is a good deal more money in the Early Childhood Block Grant, again, this is a minimum, it’s a floor. The state board could choose to spend 14, 15, or 20 percent of the funds. If we run into a problem and think we wanna codify a higher percentage, this Bill still has a fair way to go before it gets to the Governor’s desk, it’s got the Senate chamber and there is time to relook at this percentage. But this percentage is based on current practice and I don’t think that you… and I know you do not want to backslide in our efforts to help these young…”

Rosemary Mulligan (R)

“No. We’ve worked very hard to insure that this money’s in the budget.”

Barbara Flynn Currie (D)

“Exactly. Exactly.”

Rosemary Mulligan (R)

“I would urge an ‘aye’ vote.”

Charles A. Hartke (D)

“Further discussion? The Chair recognizes the Gentleman from Will, Representative Meyer.”

James H. Meyer (R)

“Thank you, Mr. Speaker. Would the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield. Shhh.”

James H. Meyer (R)

“Thank you, Mr. Speaker. Representative, why is it that you seek to codify the eleven percent? I don’t quite understand that. Even though we’re spending that much now, which I don’t have a quarrel with, but why do you seek to codify this?”

Barbara Flynn Currie (D)

“I think it’s… for two reasons. First, it protects that commitment. And second, it clarifies our interest in making that commitment to these programs for the very 09300030.doc 25 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 youngest of our at-risk children. There was a possibility last spring that the state board was considering that would have decreased by three percent the money that was then going to these programs. So, partly it’s a protective mechanism, but partly, also, it’s a way of making sure that our public policy is that we will not backslide on our commitment to these most vulnerable of our children.”

James H. Meyer (R)

“Representative, how is that percentage currently determined under the current law?”

Barbara Flynn Currie (D)

“The current law is eight percent; current practice is eleven percent. We think the eleven percent is the minimum commitment we ought to make, and this Bill says that is our commitment…”

James H. Meyer (R)

“And…”

Barbara Flynn Currie (D)

“…we will not go below it, we could still go above it.”

James H. Meyer (R)

“I… I don’t, again, have a quarrel with what you’re… what the percentage is. What I’m trying to understand is why we need to codify this into law.”

Barbara Flynn Currie (D)

“As I say…”

James H. Meyer (R)

“Currently, there’s a mechanism in there… one second.”

Barbara Flynn Currie (D)

“As I say, the current law is eight percent. I don’t think we wanna backslide it to eight percent.”

James H. Meyer (R)

“But… but I don’t know as if you are backsliding right now. It’s a determination of… evidently the State Board of Ele… the State Board of Education as to what those percentages are. I would think we’d wanna have it flexible enough so they could respond. You’re making it flexible on 09300030.doc 26 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 the upside, but you’re building in a nonflexability on the downside, it would appear to me. Perhaps…”

Barbara Flynn Currie (D)

“Downsizing as a percentage of the total Early Childhood Block Grant. I want to protect these programs. I don’t think we want to spend proportionally less on them next year than we did this year or the year before.”

James H. Meyer (R)

“But what happens…”

Barbara Flynn Currie (D)

“So, the point of this Bill is to say let’s protect current practice. Let’s make sure that we do announce our commitment, as a state, that these programs are worth at least eleven percent of our total funds for early childhood block grant.”

James H. Meyer (R)

“But what happens if the population or the demographics change so that there are fewer and fewer children between the ages of zero to three and more and more between the ages of three to six?”

Barbara Flynn Currie (D)

“That could happen, but there’s no reason… demographers tell me there’s no reason to think it will. And I would have to tell you that we are reaching a very small percentage of the zero to three group compared to the reach we are doing among the four- and five-year-olds. If you think about the… if you think about the total, the hundred percent high, if this Bill becomes law, we will still be spending eighty-nine percent, eighty-nine percent on the pre-K children, only eleven percent on their zero to three cohort.”

James H. Meyer (R)

“Well, under current law, does… are there percentages for those age groups above the zero to three?” 09300030.doc 27 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Barbara Flynn Currie (D)

“I’m sorry, I didn’t understand that. Could you repeat the question?”

James H. Meyer (R)

“Is that your staff you have gathered around you there?”

Barbara Flynn Currie (D)

“Yeah. This is my staff: Representative Coulson, Representative Lyons. They’re helping me answer your targeted questions.”

James H. Meyer (R)

“Under the current law…”

Barbara Flynn Currie (D)

“And they’re signing on for the Bill.”

James H. Meyer (R)

“Well, I’m not so sure I won’t sign up, too. But under the current law, are there percentages designated for other age groups?”

Barbara Flynn Currie (D)

“This is one black grant, the Early Childhood Block Grant. And it covers items like: kinder… prekindergarten programs, preschool programs for at-risk youngsters, programs for children who are at-risk who are ages zero to three. So, we’re talking only about this piece of the education budget… education spending. And the idea here is to make sure we protect that eleven percent for the youngest, most needy of our children.”

James H. Meyer (R)

“Well, Representative, I… I certainly am not certain why you would seek to codify this yet, since it seems to be working as it currently is structured.”

Barbara Flynn Currie (D)

“Well, as I say, there’s no guarantee it will work next year. Last year there was a moment in time when it looked as if the state board might backslide and might go to the lower percentage that is currently set in statute.”

James H. Meyer (R)

“Let me ask you this.” 09300030.doc 28 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Barbara Flynn Currie (D)

“I wanna protect against that backsliding and I think the people in this chamber ought to be concerned to…”

James H. Meyer (R)

“Let me ask you this, Representative. If, next year, the policy can shifts from eleven percent to fifteen percent, will you then be back to… to us next year wanting to codify that fifteen percent, if that becomes the normal practice?”

Barbara Flynn Currie (D)

“Representative, it will be a decision that this chamber makes. And again, what we’re talking about is the floor, the minimum commitment. Today, I think it’s critical that we stand up for the eleven percent share.”

James H. Meyer (R)

“Well, I just wanna try and gauge what your intentions are for the future. Thank you, Representative, for answering those questions.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, Representative Currie to close.”

Barbara Flynn Currie (D)

“Thank you, Speaker. I’d appreciate your ‘yes’ votes.”

Charles A. Hartke (D)

“The question is, ‘Shall the House pass House Bill 2235?’ 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 116 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 on the Calendar, on Second Reading appears House Bill 2146. Representative Brosnahan. Mr. Clerk, read the Bill.” 09300030.doc 29 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Bolin

“House Bill 2146, a Bill for an Act concerning mediation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. Mr. Clerk, what is the status of House Bill 1110?”

Bolin

Clerk Bolin: “House Bill 1110 is on the Order of House Bills-Third Reading.”

Charles A. Hartke (D)

“Move that Bill back to the Order of Second Reading for the purpose of an Amendment at the request of the Sponsor. On page 19 of the Calendar, on Second Reading appears House Bill 2379. Representative Davis. Monique Davis. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2379, a Bill for an Act concerning insurers. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 40 on the Calendar, on Second Reading appears House Bill 3274. Mr. Davis. Mr. Bill Davis. William Davis. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3274, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 20 on the Calendar, on Second Reading appears House Bill 2478. Representative Delgado. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2478, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No 09300030.doc 30 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 41 on the Calendar, on Second Reading appears House Bill 3429. Representative Dunkin. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3429, a Bill for an Act concerning environmental protection. Third Reading of… Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 21 on the Calendar, on Second Reading appears House Bill 2501. Representative Sara Feigenholtz. Out of the record. On page… Representative Parke, for what reason do you seek recognition?”

Terry R. Parke (R)

“Thank you, Mr. Speaker. An inquire of the Chair.”

Charles A. Hartke (D)

“State your inquiry.”

Terry R. Parke (R)

“What did you… what action did you take on House Bill 3429?”

Charles A. Hartke (D)

Speaker Hartke: “I do believe I moved that Bill to Third Reading.”

Terry R. Parke (R)

“Well, it’s our understanding that there was supposed to be something worked out with our staff on that Bill.”

Charles A. Hartke (D)

“Representative Dunkin, do you have a response? Mr. Parke has a question.”

Terry R. Parke (R)

“It says, we’ll hold on Second Reading for an Amendment until all parties come to an agreement.”

Charles A. Hartke (D)

“Mr. Dunkin, do you have a response to Mr. Parke’s inquiry? Mr. Parke…” 09300030.doc 31 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Terry R. Parke (R)

“Yes.”

Charles A. Hartke (D)

“…would you ask the question again?”

Terry R. Parke (R)

“Representative Dunkin, our notes say that you made an agreement to hold it on Second Reading for an Amendment ‘til all parties come to an agreement.”

Kenneth Dunkin (D)

“That is correct, it was Second or Third. We are gonna come to an agreement and we’ve yet to meet… hopefully, we can get it resolved today, tomorrow, sooner than later.”

Terry R. Parke (R)

“Well, I appreciate it, Representative Dunkin. But you can’t do that if the Bill’s on Third Reading. I would ask that you move it back to Second Reading, please.”

Kenneth Dunkin (D)

“Okay. We can move it back to Second.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Thank you, Representative.”

Charles A. Hartke (D)

“Yes. Mr. Clerk, please place House Bill 3429 on the Order of Second Reading at the request of the Sponsor. On page 35 in the Calendar… on page 2 on the Calendar appears House Bill 3480. Representative Flider. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3480, a Bill for an Act relating to schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 32 on the Calendar appears House Bill 2913. Representative Bassi. Representative Bassi. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2913, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 32 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 12 on the Calendar, on Second Reading appears House Bill 1493. Representative Bellock. Mr. Clerk, read the Bill.”

Bolin

“House Bill 1493, a Bill for an Act concerning insurance. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 31 on the Calendar, on Second Reading appears House Bill 2843. Representative Brady. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2843, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 34 on the Calendar, on Second Reading appears House Bill 3009. Representative Brauer. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3009, a Bill for an Act concerning commerce. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 31 on the Calendar, on Second Reading appears House Bill 2849. Representative Coulson. Representative Beth Coulson. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2849, a Bill for an Act in relation to aging. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 33 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. Representative Acevedo. Mr. Clerk, what is the status of House Bill 3009?”

Bolin

Clerk Bolin: “House Bill 3009 is on the Order of House Bills-Third Reading.”

Charles A. Hartke (D)

“Move that Bill back to Second Reading at the request of the Sponsor for the purpose of an Amendment. Mr. Clerk, what is the status of Senate Bill 19?”

Bolin

Clerk Bolin: “Senate Bill 19 is on the Order of Senate Bills-Second Reading.”

Charles A. Hartke (D)

“Mr. Clerk, read the Bill.”

Bolin

“Senate Bill 19, a Bill for an Act concerning education, which may be referred to as the Chicago Education Reform Act of 2003. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 30 on the Calendar, on Second Reading appears House Bill 2835. Representative Eddy. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2835, a Bill for an Act regarding schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 37 on the Calendar, on Second Reading appears House Bill 3093. Representative Hultgren. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3093, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 34 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 8 on the Calendar, on Second Reading appears House Bill 1116. Representative Kosel. Representative Kosel. Mr… Out of the record. On page 7 on the Calendar, on Second Reading appears House Bill 463. Representative Krause. Mr. Clerk, read the Bill.”

Bolin

“House Bill 463, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

Speaker Hartke: “Third Reading. The Chair recognizes Representative Fritchey. For what reason do you seek recognition?”

John A. Fritchey (D)

“Thank you, Speaker. Inquiry of the Chair”

Charles A. Hartke (D)

“State your inquiry.”

John A. Fritchey (D)

“Having a last name that begins with the letter ‘F’ and watching us go from ‘A’ to ‘D’, then back to ‘A’ and now somehow on ‘K’, I’m at a loss of what’s happened to those of us in the middle here.”

Charles A. Hartke (D)

“Get a clue. We started on that side of the aisle, we ran to ‘Ds’. We’re now on that side of the aisle, we’re running the ‘Ks’. We will get to you.”

John A. Fritchey (D)

“Well, I…”

Charles A. Hartke (D)

“’E’, ‘F’, Fritchey.”

John A. Fritchey (D)

“I would hope that you’d get to us at some point, but I’m just… all kidding aside. We have been told for weeks now, get everything in position, get everything ready to go, then that we’re gonna do this alphabetical order. 09300030.doc 35 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Fine. We start doing the alphabetical with the Democrats, I understand that. We try to catch up on the other side, I understand that. But there’s no rhyme or reason to this order and it’s kinda tough for us to plan what we’re doing here.”

Charles A. Hartke (D)

“Mr. Fritchey, I’ll let you know when we switch alphabets, okay. Some of us like to keep peace in this chamber, working one side to the other.”

John A. Fritchey (D)

“Thank you, Sir.”

Charles A. Hartke (D)

“Right. Under the ‘M’. On page 42 on the Calendar, on Second Reading appears House Bill 3467. Representative McAuliffe. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3467, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 30 on the Calendar, on Second Reading appears House Bill 2790. Representative Mitchell. Bill Mitchell. Bill Mitchell. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2790, a Bill for an Act regarding schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 10 on the Calendar, on Second Reading appears House Bill 1373. Representative Lyons. Mr. Clerk, read the Bill.”

Bolin

“House Bill 1373, the Bill’s been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 36 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. Mr. Clerk, what is the status of House Bill 1373?”

Bolin

“House Bill 1373 is on the Order of House Bills- Third Reading.”

Charles A. Hartke (D)

“Move that Bill back to the Order of Second Reading at the request of Representative Lyons for the purposes of an Amendment. Back on the ‘A’s’ on the Democrat side of the aisle. On page 23, on Second Reading appears House Bill 2579. Representative Acevedo. Representative Acevedo, would you like to move that Bill to Third Reading? Mr. Clerk, read the Bill.”

Bolin

“House Bill 2579, a Bill for an Act concerning vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. Rules Report.”

Bolin

“Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on March 18, 2003, reported the same back with the following recommendation/s: 'direct floor consideration' for House Amendment #1 to House Bill 318, Amendment #1 to House Bill 1088 and Amendment #1 to House Bill 2186.”

Charles A. Hartke (D)

“On page 12 on the Calendar, on Second Reading appears House Bill 1507. Representative Flowers. Mr. Clerk, read the Bill. Take that Bill out of the record. There’s notes pending on the legislation that have not been filed. On page 45 on the Calendar, on Second Reading 09300030.doc 37 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 appears House Bill 2608. Representative Mulligan. 3608. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3608, 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.”

Charles A. Hartke (D)

“Third Reading. On page… on page 19 of the Calendar, on Second Reading appears House Bill 2412. Mr. Forby. I’m sorry, that’s the wrong Bill. It’s 2413, Mr. Clerk. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2413, a Bill for an Act in relation to aging. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 24 on the Calendar, on Second Reading appears House Bill 2634. Representative Munson. Representative Munson. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2634, a Bill for an Act in relation to transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 11 on the Calendar, on Second Reading appears House Bill 1383. Mr. Fritchey. Under the ‘F’. Mr. Clerk, read the Bill.”

Bolin

“House Bill 1383, a Bill for an Act concerning persons under age 19. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. Floor 09300030.doc 38 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Amendment #3, offered by Representative Fritchey, has been approved for consideration.”

Charles A. Hartke (D)

“Representative Fritchey on Amendment #3.”

John A. Fritchey (D)

“Thank you, Speaker. Amendment 3 simply clarifies some language at the request of some committee Members. I know of no objections to the Amendment and ask for its favorable adoption. Thank you.”

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes Representative Parke.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield.”

Terry R. Parke (R)

“Yes. Representative, what committee was this Bill brought into?”

John A. Fritchey (D)

“I believe this Bill came through the Consumer Protection Committee. Representative, specifically, there was… the Amendment creates… well, it tightens up what was a created exemption for military individuals. The previous language was… referred to individuals as active military service. There was some questions, as you know, from some Members on your side that that might be confusing, so the new language clarifies that by referring to individuals in possession of a valid U.S. military ID card.”

Terry R. Parke (R)

“So, those people that brought this to your attention in the committee hearing, you felt that this Bill… this Amendment now addresses their concerns so that if a… a young man at Great Lakes Naval Base who’s 18 and wants to purchase cigarettes that, in fact, all he has to do is show 09300030.doc 39 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 his military ID and that allows him to purchase… What if… what if that person is 17 and can he…?”

John A. Fritchey (D)

“There will… there will be no change. The Bill, as amended, as I’m sure we’ll discuss more fully, would raise the age of 18 to 19 with the exception of an 18-year-old that’s in military service, and the question was how we were going to define that military service. Active military service raises… raised questions with respect to reservists, et cetera. So, the language that we agreed upon was ‘holders of a valid U.S. military ID card’. The issue was actually adder… raised at one point by Representative Tenhouse. I actually went in and reviewed the language with him and he said that it met his concerns.”

Terry R. Parke (R)

“Okay. Well, thank you. We appreciate you working with our Members to try and clarify that. Thank you.”

John A. Fritchey (D)

“Thank you.”

Charles A. Hartke (D)

“The Chair recognizes Representative Stephens for further discussion, the Gentleman from Fayette.”

Ron Stephens (R)

“You’re workin’ on that pronunciation. I think you’re get…”

Charles A. Hartke (D)

“Yes.”

Ron Stephens (R)

“…better every day.”

Charles A. Hartke (D)

“Fayette.”

Ron Stephens (R)

“Like I said, stop on in. I wanna…”

Charles A. Hartke (D)

“Sponsor will yield.”

Ron Stephens (R)

“To the Bill.”

Charles A. Hartke (D)

“To the Bill.” 09300030.doc 40 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Ron Stephens (R)

“Mr. Speaker, the House Sponsor of this Bill has worked very hard to get it passed. The… in committee, there were some unfortunate remarks made that led to the… the Sponsor offering an Amendment and having it adopted. I… I just hope that we leave here today understanding that… that Representative Fritchey’s Bill, in no way is an affront to anyone who wears our uniform. As a matter of fact, a lot of people who have worn our uniform had come right home, our colleagues and comrades from World War II, Korea, Vietnam… they all came home, well, not all of ‘em, but when they came home many of them could not vote. The average age of the soldier in the Vietnam Conflict was 19 years old. In those years, in the late ‘60s and early ‘70s, the voting age in the United States was 21 years. Representative Fritchey’s got a great idea ‘cause… because you care about the health of all of us and of our… our friends and constituents. And I’m glad to help you with this Bill, if I can, and make it… get it passed. So, we’ll send it over to the Senate and I hope we get as worthy as a Sponsor in the Senate as you have been in the House.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, the question is, ‘Shall the House adopt Floor Amendment #3 to House Bill 1383?’ 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?”

Bolin

“No further Amendments. Several notes have been requested on the Bill as amended and have not been filed.” 09300030.doc 41 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“The Bill will remain on Second Reading pending notes being filed. On page 14 on the Calendar, on Second Reading appears House Bill 1640. Representative Osmond. Mr. Clerk, read the Bill.”

Bolin

“House Bill 1640, a Bill for an Act concerning the use of credit information and insurance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

Third Reading. On page 18 on the Calendar, on Second Reading appears House Bill 2332. Representative Giles. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2332, a Bill for an Act regarding education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 20 on the Calendar, on Second Reading appears House Bill 2477. Representative Pankau. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2477, a Bill for an Act concerning forest preserves. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 22 on the Calendar, on Second Reading appears House Bill 2533. Representative Graham. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2533, a Bill for an Act in relation to schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 42 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 10 of the Calendar, on Second Reading appears House Bill 1318. Representative Parke. Out of the record. On page 32 on the Calendar, on Second Reading appears House Bill 2900. Representative Hamos. Representative Hamos. Out of the record. On page 32 on the Calendar, on Second Reading appears House Bill 2887. Mr. Brunsvold. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2887, a Bill for an Act concerning the State Fairgrounds. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. Let’s go back to Hou… On page 32 on the Calendar, on Second Reading appears House Bill 2900. Representative Hamos. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2900, a Bill for an Act in relation to children. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 35 on the Calendar, on Second Reading appears House Bill 3058. Representative Pios… Pihos. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3058, a Bill for an Act relating to schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 18 on the Calendar, on Second Reading appears House Bill 2354. Representative Howard. Mr. Clerk, read the Bill.” 09300030.doc 43 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Bolin

“House Bill 2354, a Bill for an Act regarding schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 41 on the Calendar, on Second Reading appears House Bill 3386. Representative Rose. Representative Rose. Mr. Clerk, read the… Out of the record? Out of the record. On page 7 on the Calendar, on Second Reading appears House Bill 465. Representative Jakobsson. Naomi Jakobsson. What is your pleasure? Would you like to move that Bill to Third Reading? Out of the record. On page 7 on the Calendar, on Second Reading appears House Bill 496. Representative Jefferson. 496. Mr. Clerk, read the Bill.”

Bolin

“House Bill 496, a Bill for an Act in relation to personnel appointments. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 8 of the Calendar, on Second Reading appears House Bill 1118. Representative Joyce. Mr. Clerk, read the Bill.”

Bolin

"House Bill 1118, a Bill for an Act concerning higher education. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Joyce, has been approved for consideration.”

Charles A. Hartke (D)

“Representative Joyce on Amendment #2.”

Kevin Joyce (D)

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #2 is a technical change that allows the 09300030.doc 44 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 universities to change the tuition charge after a student changes majors into a different school. I move its adoption and would be happy to answer any questions.”

Charles A. Hartke (D)

“Is there any discussion on Floor Amendment #2? Representative Parke.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor indicates he will yield.”

Terry R. Parke (R)

“Who did you put this Amendment in for?”

Kevin Joyce (D)

“The universities had some concern, Representative Parke over… I’m over here.”

Terry R. Parke (R)

“Thank you.”

Kevin Joyce (D)

“The university had… had some concern because the tuition charged at the liberal arts school, for example, is less than that of tuition charged at the engineering school… at the University of Illinois. And so, if we had kids paying… first entering the liberal arts school and then transferring to engineering, they’d be on a different level of tuition rates.”

Terry R. Parke (R)

“Is this the only Amendment you’re gonna put on this Bill?”

Kevin Joyce (D)

“That’s correct.”

Terry R. Parke (R)

“So, if this goes on, you gonna move it to Third?”

Kevin Joyce (D)

“That’s correct.”

Terry R. Parke (R)

“I have a note here… Just a minute, please. If I can check… I’m gonna check with our staff for one second. Thank you, Representative. No further questions.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes the Gentleman from De Kalb, Mr. Wirsing.” 09300030.doc 45 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

David A. Wirsing (R)

“Thank you, Mr. Speaker. Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield.”

David A. Wirsing (R)

“Representative, I think you already indicated that that you just satisfied some concerns by the University of Illinois people. Is that correct?”

Kevin Joyce (D)

“Yes.”

David A. Wirsing (R)

“And at which… which you had said you were going to do as you worked this legislation through the process on Second Reading. So, I thank you for that. And I’m in full support of the Amendment.”

Kevin Joyce (D)

“Thank you.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 1118?’ All those in favor signify by saying ‘aye’; opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. The Amendment is adopted. Further Amendments?”

Bolin

"No further Amendments…”

Charles A. Hartke (D)

“Third Reading.”

Bolin

"…No Motions filed.”

Charles A. Hartke (D)

“Pardon? Third Reading. On page 11 on the Calendar, on the Order of Second Reading, appears House Bill 1415. Representative Kelly. Mr. Clerk… Out of the record? Mr. Clerk, read the Bill.”

Bolin

“House Bill 1415, a Bill for an Act in relation to minors. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 46 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 13 on the Calendar, on the Order of Second Reading, appears House Bill 1516. Representative Joe Lyons. Mr. Clerk, read the Bill.”

Bolin

“House Bill 1516, a Bill for an Act relating to certain financial institutions. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. House Bill… on page 7 on the Calendar, on Second Reading appears House Bill 751. Speaker Madigan. Mr. Clerk, read the Bill. Out of the record. On page 30 on the Calendar, on Second Reading appears House Bill 2805. Representative McCarthy. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2805, a Bill for an Act concerning higher education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 50 on the Calendar, on Third Reading appears House Bill 2525. Representative Lou Jones. Representative Jones on House Bill 2525. Out of the record. On page 47 on the Calendar, on the Order of Third Reading, appears House Bill 264. Representative Mautino. Mr. Clerk… Mr. Mautino, are you ready? Mr. Clerk, read the Bill.”

Bolin

“House Bill 264, a Bill for an Act to create the Agriculture Producer Protection Act. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Mr. Mautino.” 09300030.doc 47 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Frank J. Mautino (D)

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 264 is the Producer Protection Act which has been now renamed as the Contract Production Act. And this is the result of about two years of negotiation. This started out as legislation that was proposed by 16 attorney generals throughout the production states. Representative Winters had filed the same language as I did, we decided to join together on one Bill. In the beginning, we had a lot of opposition to the Bill and over the course of these two years it has been negotiated so we finally came up with this Amendment which is an agreed Bill. And I wanna thank the Farm Bureau for working with us along with the corn, beans agricultural group, Chemical and Fertilizer Association. We’ve removed all the objection to a… a very important issue in the agricultural industry, and that deals with the readability, understandability of contracts as more production goes to contracts. And Representative Winters and I’d be happy to answer any questions.”

Charles A. Hartke (D)

“Is there any discussion on House Bill 264? The Chair recognizes Representative Lang, the Gentleman from Cook.”

Lou Lang (D)

“Thank you. I rise in support of the Gentleman’s Bill. Mr. Mautino worked incredibly hard on this for a very long period of time. He managed to get all of the right people in the right places to pull this together. So, I would urge ‘aye’ votes.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking… Representative Winters.” 09300030.doc 48 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Dave Winters (R)

“Thank you, Mr. Speaker. I just wanted to compliment Representative Mautino. This is a very complex and difficult issue and I was happy to work with him on it. As a producer myself, I sign many of these specialty contracts. I think the… the progress that we’re making with this Bill is outstanding legislation. Thank you.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, Representative Mautino to close.”

Frank J. Mautino (D)

“Thank you, Mr. Speaker. Appreciate ‘aye’ votes.”

Charles A. Hartke (D)

“The question is, ‘Shall the House pass House Bill 264?’ 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 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 33 on the Calendar, on Second Reading appears House Bill 2968. Representative McGuire. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2968, a Bill for an Act in relation to bonds. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 23 on the Calendar, on Second Reading appear House Bill 2584. Representative Mendoza. Mr. Clerk, read the Bill. 2582.”

Rossi

“House Bill 2582, a Bill for an Act in relation to criminal law, which may be referred to as the Robb Family 09300030.doc 49 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 6 on the Calendar, on Second Reading appears House Bill 430. Representative Miller. Mr. Clerk, read the Bill.”

Rossi

“House Bill 430, a Bill for an Act respecting schools. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 35 on the Calendar, on the Order of Second Reading, appears House Bill 3053. Representative Molaro. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3053, a Bill for an Act concerning business practices. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 6 on the Calendar, on Second Reading appears House Bill 360. Representative Novak. John Philip Novak. Mr. Clerk, read the Bill. Out of the record. On page 9 on the Calendar, on the Order of Second Reading, appears House Bill 1195. Representative O’Brien. Mr. Clerk, read the Bill.”

Rossi

House Bill 1195, a Bill for an Act in relation to fire protection. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.” 09300030.doc 50 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 18 on the Calendar, on the Order of Second Reading, appears House Bill 2356. Representative Osterman. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2356, a Bill for an Act in relation to firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. A judicial note has been requested on the Bill and the note has not been filed.”

Charles A. Hartke (D)

“The Bill will remain on Second Reading pending the submission of the notes. On page 23 on the Calendar, on Second Reading appears House Bill 2577. Representative Phelps. Brandon Phelps. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2577, a Bill for an Act concerning public labor relations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 35 on the Calendar, on the Order of Second Reading, appears House Bill 3061. Representative Ryg. Mr. Clerk, read the Bill. Out of the record. On page 49 on the Calendar, on the Order of Third Reading, appears House Bill 1629. Representative Scully. Representative Scully. Mr. Clerk, read the Bill.”

Rossi

“House Bill 1629, a Bill for an Act concerning marriage. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Scully.”

George Scully Jr. (D)

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d like to present to you House Bill 1629, which is a Bill to impose the requirement of four hours of premarital education by a behavioral health professional or 09300030.doc 51 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 a representative of a religious organization prior to obtaining a marriage license. There are several exceptions that have been built into the law. And the people also have the option of simply waiting for 60 days to obtain their license. I’d be happy to answer any questions. I’d ask for a favorable vote.”

Charles A. Hartke (D)

“Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Parke.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

Speaker Hartke: “Sponsor will yield. Shhh. Ladies and Gentlemen, we’re on Third Reading on this Bill. Shhh.”

Terry R. Parke (R)

“Okay. Now, this says that someone who wants to get a marriage license has to provide a certification, an affidavit, saying that they’ve taken some form of premarital education program for a minimum of four hours. Now, I understand… I like the idea, but how practical is this, really? I mean, if they can’t get… Are you saying they can’t get married unless they take this course?”

George Scully Jr. (D)

“What I’m saying is if they don’t take a course in premarital education, that they have to wait 60 days to get their marriage license.”

Terry R. Parke (R)

“And how much… how much will this course cost?”

George Scully Jr. (D)

“Well, right now, a lot of religious organizations provide this type of marital training at no cost.”

Terry R. Parke (R)

“Well, what if they’re not affiliated with a… actively affiliated with a church?”

George Scully Jr. (D)

“If they’re not affiliated with a religious organization, they can go… go to a… a behavioral health 09300030.doc 52 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 professional, as licensed under the State of Illinois, to obtain this education. And the training could be as simple as a supervised watching of a video. We think it’s very important as a matter of public policy to give people the tools that they need to be successful in marriage.”

Terry R. Parke (R)

“Okay. Representative, do you have an idea of what these… this counselors will charge a couple to put on a four-hour course? Could it be three or four hundred dollars? Could they charge a hundred dollars an hour? Is that unreasonable?”

George Scully Jr. (D)

“Well, if people wanted just one-on-one counseling, which certainly is available, it probably would cost several hundred dollars. But in a group session, watching a videotape, I think this can be done for a very minimal cost of 25 to 30 dollars. In addition, the Bill specifically provides that the professionals who would do this for a fee, would have to do so on a sliding scale basis and would have to offer some pro bono services.”

Terry R. Parke (R)

“On…”

George Scully Jr. (D)

“That’s on page… line 196 and 197 of the Bill.”

Terry R. Parke (R)

“Well, why is the County Clerks’ Association opposed to this Bill?”

George Scully Jr. (D)

“Well, in committee they were not opposed to the Bill and I’m not aware that they are opposed to the Bill.”

Terry R. Parke (R)

“I’m sorry, I didn’t hear that answer.”

George Scully Jr. (D)

“They have na… never stated their opposition to the Bill. They have never contacted me about opposing it. 09300030.doc 53 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 They did not file a witness slip in the committee, so I have no idea why they’re opposed.”

Terry R. Parke (R)

“Okay. It’s our understanding there’s a sliding scale, a sliding fee scale for this. Is it… is that fee schedule based on economic income or… what’s the factor used in this scale?”

George Scully Jr. (D)

“As I mentioned just a few moments ago, Representative, it is provided based on the financial means, and that is in lines 196 through 198 of the Bill.”

Terry R. Parke (R)

“Thank… To the Bill. Ladies and Gentlemen of the House, I certainly commend the Sponsor for this. I mean, I think that the underlying concept here is a very valid one, to make sure that people understand the importance of the marriage vows and what it means to… to a couple wanting to get married in the State of Illinois. But I just… I don’t know the practicality of this. I guess… yeah, it does. I mean, I’m sorta… I like it… I guess I like it. Thank you.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Representative Hamos, the Lady from Cook.”

Julie Hamos (D)

“Well, Ladies and Gentlemen, the previous speaker asked some very important and relevant questions and then when he didn’t get the answers, he said but I like it anyway. This is one of those issues which is an important concept, but its implementation, the devil is in the details. Question to the Sponsor, do these programs exist currently in every single neighborhood in this state?”

Charles A. Hartke (D)

“The Sponsor will yield.” 09300030.doc 54 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

George Scully Jr. (D)

“Yes. Representative, I can assure you that certainly many religious organizations, including my own personal religion, has been offering this type of premarital education throughout our religion for decades. I… I took this type of training myself 27 years ago.”

Julie Hamos (D)

“Well, and I, again, I think it’s very, very nice when people have churches that they belong to, where they feel comfortable going to, they can do this voluntarily right now. But this Bill requires every single one of our constituents who wants to get married to either affiliate with a church or to find some kind of a local social worker or counselor or something. Now, the counselors tell me that this program would cost $75 an hour, so times four, this is a $300 program right now if you find a counselor in your own neighborhood, if you can even find that… that counselor. The county clerks, Ladies and Gentlemen, are against this because they’re going to have hundreds and hundreds of their constituents showing up wanting to get married and they are going to be told, no, you cannot get married, either until you go find a program and pay your $300, do not pass go, do not get out of jail card, or they’re going to have to perjure themselves by filing an affidavit or they’re going to have to not be able to get married for 60 days. Never mind, if they’ve already organized a whole event. Mr. Speaker. Mr. Speaker, could you… Mr. Speaker, can you try to get some kind of decorum here?” 09300030.doc 55 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Sure. Shhh. Ladies and Gentlemen, this is a very important piece of legislation. It’s on Third Reading. Would you please give the speaker your attention. Proceed.”

Julie Hamos (D)

“Ladies and Gentlemen, the reason this is an important piece of legislation is not because it’s a bad concept, but it’s going to affect constituents in every single one of our districts. It’s going to require them to find some kind of program for premarital counseling, if they can find it, if they can afford it, and if they were able to do it on time. There is no infrastructure right now, in the State of Illinois, for doing these programs. A year ago, I asked the Sponsor from the Senate to set up a program that I could go to, to see what it was really like, and in one year they have not been able to find a program for me to go to. We’re talking about people who want to get married who are going to arrive at the doorsteps of the county clerk’s office and they’re going to be turned away. Good concept, but no concept about how to execute it, how to implement it. I really urge a ‘present’ or a ‘no’ vote.”

Charles A. Hartke (D)

“Further discussion? Chair recognizes the Lady from Cook, Representative Mulligan.”

Rosemary Mulligan (R)

“Thank you, Mr. Speaker. I also rise in opposition to this and I agree with Representative Hamos. While the concept may be good, there’s such things as family living classes, other things that happen in school. Some people could go through counseling and still not know what they’re getting into; other people could go… not go through 09300030.doc 56 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 counseling and have a wonderful marriage. The exceptions here are interesting, particularly if you’re very pregnant. I guess they figure you know the mechanics by that time. If you’re over 55, which doesn’t mean you know the mechanics or you have any clue, if somebody is dying… not only that, the ACLU will probably sue that this Bill is unconstitutional. And I have a problem working on Bills that are unconstitutional and having the state defend them later. All it does is cost the taxpayers money. I don’t see any reason why we should pass this. I further doubt that there are programs all over the state and some of the information in some of the programs, even if they’re religious-based, may or may not have good content. The other thing is, you have to… in lieu of that, you need a clinical psychologist. Well, I think that would be hard in some rural areas. And why should you postpone this. You have… you’re gonna have to get information out to everybody. So, you go for your license, which is only good for a short length of time because of certain tests that you need to take, and then you find out that you need this tes… this other course, so you can’t get married for 60 days, so you go back. So, there’s information, there’s cost to the city clerks. The object of whether the content of the course is any good… and we’re not talking about guaranteeing that the content is good. You need a clinical psychologist…”

Charles A. Hartke (D)

“Shhh.” 09300030.doc 57 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Rosemary Mulligan (R)

“…and it’s probably unconstitutional. You know, this may be a good idea and we all know a lot of people that could have benefited from a little help or going to counseling before they were married, but I don’t think this is the right thing for the state to be doing. And I would urge a ‘no’ vote on this.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes the Gentleman from Jackson, Mr. Bost.”

Mike Bost (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor indicates he will yield.”

Mike Bost (R)

“Representative, at this time, at this time, if a person wants to get married do they… can they just simply go in and receive the marriage license right then or do they have to go through any process or… other than the blood test, what do they have to do?”

George Scully Jr. (D)

“There are certain process. They have to go to get a blood test. Then in a few days, they can get a marriage license.”

Mike Bost (R)

“In a few days. Sometimes immediately, am I correct, as long as they’ve got the blood test?”

George Scully Jr. (D)

“It could be done in one day, yes.”

Mike Bost (R)

“Okay. All right. And not saying that the idea isn’t… is bad. The idea has been around for years. I know that there’s many ministers that will not perform a marriage ceremony unless… unless they’ve went through some sort of counseling. The problem I’m… and the concerns I’ve got with your Bill are as follows. What is the case of it… it says… what is a proper counseling? What is the description 09300030.doc 58 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 that makes up a person… a or a person or an organization the proper counselor to do this four-hour course?”

George Scully Jr. (D)

“Well, the Bill provides that… that the person providing the instruction can set the curricula and persons who would be authorized to conduct this training are either representatives of a religious institution or a behavioral health professional, as that term is designed… defined under Illinois law. These professionals would be able to establish their own curricula. The Bill is worded broadly enough to give them the right to set the curricula. And technically, having one of these professionals supervise a videotaped tra… a videotaped training course, would be sufficient, would satisfy these requirements.”

Mike Bost (R)

“This… this is a videotape. They can do it by videotape, is that what you’re saying?”

George Scully Jr. (D)

“What I am saying is a licensed professional who decided that supervising four and a half hours of training, much of which was done by watching videotapes, would satisfy the requirements of this Act.”

Mike Bost (R)

“Okay. The only… I mean, there’s a lot of questions that I have that… the ‘what ifs’. I mean, what qualifies as a religious group, is it the church of speedy and quick marriage or whatever, would qualify under this? And another… and that’s from one perspective. The other perspective, and if the Members… Mr. Speaker, to the Bill.”

Charles A. Hartke (D)

“To the Bill.” 09300030.doc 59 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Mike Bost (R)

“The one… one perspective is, is the fact that we have so many requirements here. What makes a person a… the ability to give these tests and the concerns we have to lay that out and to give this… this training, not they shouldn’t… every one that enters into marriage ought to do it seriously. The problem is one of our… our colleagues on this side of the aisle said at this time of…”

Charles A. Hartke (D)

Speaker Hartke: “Shhh. Excuse me, Mr. Bost. Ladies and Gentlemen, please. It’s getting very noisy in here and it’s very difficult to hear.”

Mike Bost (R)

“Ladies…”

Charles A. Hartke (D)

“We’re on Third Reading. Shhh. Proceed, Mr. Bost.”

Mike Bost (R)

“Ladies and Gentlemen, think about this. At this time, right now, when we… when this nation is talking about going to war, there are several people who have been called up. And right now, at this time, they may have been dating for quite some time and they were putting a marriage off maybe ‘til next summer, but now they’re needed… they’re wanting to get married right away. In the existing, the way… existing law, they can go to the courthouse, get their marriage certificate and be married before that person heads off to defend this country. Under this, they couldn’t do that. They could not do that. Ya know, no one in this chamber wants to discourage people from being very serious about entering into a marriage contract. Because I think sometimes, in today’s society, it is done kind of half-heartedly. However, for the government to try to put 09300030.doc 60 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 the controls like this on our lives is the wrong step. I believe it should be left up to our churches, it should be left up to counselors that these particular people want to make a choice to go to, not governed in this way. I would encourage a ‘no’ vote on this particular piece of legislation.”

Charles A. Hartke (D)

“Further discussion? Ladies and Gentlemen, there are eight people still seeking recognition on this legislation. To avoid repetition, let’s please give the speakers your attention. Chair recognizes Representative Meyer. Please be brief.”

James H. Meyer (R)

“Thank you, Mr. Speaker. Would the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield.”

James H. Meyer (R)

“Representative, with your legislation, how does this work? Does a person just go to this class and participate in the question-answer session with a counselor or the minister or the clergy or whoever it might be, to get that certificate?”

George Scully Jr. (D)

“I’m sorry, I couldn’t hear your question.”

James H. Meyer (R)

“I said, how do you envision this working? Does the person seeking the marriage license or the people seeking the marriage license just go to this session or meeting with this counselor or clergy and they just talk and ask questions? You already indicated something about a videotape to watch. Just exactly how do you envision it working?”

George Scully Jr. (D)

“I would envision something similar to the premarital screening that I received where we attended small group 09300030.doc 61 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 sessions that were instructed by a professional in the field of family behavioral counseling and we attended several different group sessions talking about the obligations that we were about to take on.”

James H. Meyer (R)

“Who was gonna determine what makes up this session or the videotape that people that are participating in this might view or participate in?”

George Scully Jr. (D)

“The person conducting the training.”

James H. Meyer (R)

“So, you’re requiring this without any standards whatsoever for what makes up the training that this person would be forced to take?”

George Scully Jr. (D)

“We are leaving it up to professionals in the field to set the curricula.”

James H. Meyer (R)

“And what happens if that professional believes that that participant did not pass the course, so to speak, and therefore wouldn’t offer it? Can that person go to another counselor until they can find one that will pass them through this prior to the 60 days expiring so they can just automatically walk in and get the certificate?”

George Scully Jr. (D)

“We are… we are only requiring the participants to sign an affidavit that they attended the training. We are not requiring the person conducting the training to sign any documents at all.”

James H. Meyer (R)

“Well, to the Bill. Ladies and Gentlemen…”

Charles A. Hartke (D)

“To the Bill.”

James H. Meyer (R)

“…I believe that we should do anything that we can to strengthen marriages and make it so people can live those marriages in very healthy circumstances. But the Bill, as 09300030.doc 62 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 described, I just don’t believe achieves that end. And therefore, I think we should look for a better mechanism in which… by which to achieve that end. I would stand in opposition to the Bill at this time, as it’s written.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Representative Dunkin.”

Kenneth Dunkin (D)

“Mr. Speaker. Scully, ya know, prior to me coming here, I did psychotherapy.”

Charles A. Hartke (D)

“The Sponsor will yield.”

Kenneth Dunkin (D)

“Well, will the Sponsor yield?”

Charles A. Hartke (D)

“Yes.”

Kenneth Dunkin (D)

“I did psychotherapy. If this Bill passes, you would… you would have forced me to go back to work in that arena because that means I’ll make a windfall because you’re mandating folk for this. Are you sure you wanna go ahead with this? I mean, you’re mandating folk to get married by way of counseling.”

George Scully Jr. (D)

“Actually, Representative, if you put… if you provide this kind of service, you would have to do so sometimes on a pro bono basis, and certainly on a sliding scale basis, as required under the Act, based upon the financial means of the participants. It says that right in the Act.”

Kenneth Dunkin (D)

“Right. Even as a therapist, you don’t think that this is… this is relatively heavy-handed? I mean, to mandate someone go through counseling.”

George Scully Jr. (D)

“No, I don’t think it’s heavy-handed. I think that the burden that broken marriages imposes on our society is very heavy-handed. And I think we, as the public policymakers 09300030.doc 63 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 of the State of Illinois, have to do everything we can to preserve the sanctity of the family and to give young people the tools they need to be successful in marriage.”

Kenneth Dunkin (D)

“So, what if I wanted to marry State Representative Lou Jones here. She… she… I mean, I have to take off one of those rings and put a new one on. Will I have to… I mean, she’s a little older than me. Will she… will she have to go through counseling along with myself? I mean, I like older women, too. So… so, my point is, my point is… Okay, I’ll yield.”

Charles A. Hartke (D)

Speaker Hartke: “Could we have some order, please. Representative Jones, would you stop pounding the speaker.”

Kenneth Dunkin (D)

“Okay. Thank you. My point is, this is… this is a bit heavy-handed and ya know… this is tough. This would be a tough sale, so… Oh, okay, it’s the Century Club. I yield. Thank you.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Representative Bellock.”

Patricia R. Bellock (R)

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

Charles A. Hartke (D)

“Sponsor indicates that he will yield.”

Patricia R. Bellock (R)

“I just had a couple of other questions. From the synopsis it says that the public health director would have to issue the affidavit, so does that mean that every couple in the State of Illinois that would be getting married would have to go to the… their local public health Department?”

George Scully Jr. (D)

“Representative, I have no idea what your question is.” 09300030.doc 64 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Patricia R. Bellock (R)

“It says in the synopsis that the local public health director would have to issue the affidavit saying whether the people had received this counseling. So, would that mean that every couple getting married in the State of Illinois would have to be issued an affidavit by their local Public Health Department?”

George Scully Jr. (D)

“No. What we’re saying is that a standard form affidavit would be prepared… prepared for people to sign.”

Patricia R. Bellock (R)

“Well, here it says provides the director of public health shall include whether or not the parties have received the minimum premarital education or that the parties are exempt from the premarital education requirement. The director shall issue an affidavit signing completion of the minimum premarital education. So, that looks like it would have to be okayed by the director of the Public Health Department.”

George Scully Jr. (D)

“Are you reading from your synopsis?”

Patricia R. Bellock (R)

“Right.”

George Scully Jr. (D)

“I believe your synopsis is incorrect.”

Patricia R. Bellock (R)

“Well…”

George Scully Jr. (D)

“If that’s what it says, it’s incorrect.”

Patricia R. Bellock (R)

“Well, who does issue… is it just the local…”

George Scully Jr. (D)

“The affidavit is issued by the person who is seeking the marriage license.”

Patricia R. Bellock (R)

“So, the public health is not entered?”

George Scully Jr. (D)

“No.”

Patricia R. Bellock (R)

“Okay. And who… well, maybe this is incorrect too. It said, if you are not a member of a church, it would have 09300030.doc 65 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 to be from a behavioral health professional, which goes along with the questions that Representative…”

George Scully Jr. (D)

“No, that’s…”

Patricia R. Bellock (R)

“…Representative Hamos had asked. If you weren’t a member of a church that does provide some type of marital training, it would have to be a ‘behavioral health professional’. Who’s defined in that category?”

George Scully Jr. (D)

“Okay. First, you do not have to be a member of a religious organization.”

Patricia R. Bellock (R)

“No.”

George Scully Jr. (D)

“Okay.”

Patricia R. Bellock (R)

“I know. I’m saying if you were not a member of a religious organization, it says here you would go to a local ‘behavioral health professional’.”

George Scully Jr. (D)

“Okay.”

Patricia R. Bellock (R)

“I’m not sure if that’s… I know that term from being used with mental health, as psychiatrists.”

George Scully Jr. (D)

“Okay. First, the Bill does not require… the Bill allows anyone to go to a religious organization to obtain the training. You don’t have to be a member of that religious organization to obtain the training. For example, the church that I belong to opens up their premarital education classes to anyone who wishes to attend. Second, in response to your second question, a ‘behavioral health professional’ means a person who is licensed as a clinical psychologist under the Clinical Psychologists Licensing Act or the Clinical Social Work and Social Work Practice Act. At…” 09300030.doc 66 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Patricia R. Bellock (R)

“So, that was my question.”

George Scully Jr. (D)

“These are defined in… under the Bill.”

Patricia R. Bellock (R)

“That was my question, is that because the church that I belong to, they do this already. But those in the State of Illinois who do not belong to a church or do not choose to go to a church organization, that was my question as to who is defined? And that would be a clinical psychologist or a social worker. Is that correct? As defined under a ‘behavioral health provider’?”

George Scully Jr. (D)

“Yes, that’s correct.”

Patricia R. Bellock (R)

“So, then in turn, what Representative Hamos had mentioned is that could be between seventy-five to a hundred dollars an hour to go to somebody for… and would be close to four hundred dollars.”

George Scully Jr. (D)

“If you chose to go to one-on-one training sessions, yes, it would be quite expensive. If, instead, you choose to go to group sessions, it would be much less expensive.”

Patricia R. Bellock (R)

“Okay.”

George Scully Jr. (D)

“There is no requirement in this Act that you have to have one-on-one counseling at all.”

Patricia R. Bellock (R)

“Thank you very much, Representative. To the Bill. I agree with the concept entirely, but I think that the details need to be worked out before we would go forward in supporting this. Thank you.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Representative Hultgren.”

Randall M. Hultgren (R)

“Thank you, Mr. Speaker. To the Bill.”

Charles A. Hartke (D)

“To the Bill.” 09300030.doc 67 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Randall M. Hultgren (R)

“I support this legislation. I think this is intentionally a broad piece of legislation that doesn’t get into specifics of how counseling should take place, specifics of things that should be taught in that. What this does, and this is what I see in it and why I support it, is this is a recognition of the importance of marriage and the value of marriage to our state, and really the harm that divorce does and the cost that comes from divorce to our state. This is intentionally broad because all of us come from such different backgrounds, religious, location backgrounds that would come into play in this type of counseling. What this does is just recognize that before we enter marriage it is important to think through it and to have some skills as we enter that to be able to relate and to do our best to make that be successful. We, as a state, give driver’s licenses, we require very specific training in that and classes and even signing by parents that practical training would have taken place before that driver’s license is given by the state. I think it makes sense that we recognize the value of marriage and also do everything that we can, as a state, to say that we think marriage is important and should be protected to the best of our ability. And that’s all that this does is give that recognition, that marriage is important in our state and we want to preserve that institution. Thank you.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Representative Cultra.”

Shane Cultra (R)

“Will the Sponsor yield?” 09300030.doc 68 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Sponsor will yield.”

Shane Cultra (R)

“Half of all first-time marriages end in divorce. Two-thirds of second marriages end in divorce. Anything that we can do to slow down the mad dash to divorce court is a step in the right direction. Compatibility involves communication, sharing, goal setting and backgrounds. Men and women, we think differently, communicate differently. Couples need to learn how the other half thinks. A couple needs a strategy for raising children: who will handle the money, pay bills, fill out tax forms. A couple not receiving premarital counseling is more likely to divorce and every significant study indicates that divorce is devastating and has lasting effects on the children. I rise in support of this Bill.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Representative Molaro.”

Robert S. Molaro (D)

“Thank you, Mr. Chairman. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield.”

Robert S. Molaro (D)

“Just as an aside, if we ever pass same-sex marriages in this state, would it count toward same-sex couples? Would they need it? That’s rhetorical. Let me… let me ask you something serious, though. Where do we get the exemption if you’re 55 or older? Why not 40 years old, 35, 45? ‘Cause it seems to make sense maybe for minors, but if someone’s 40 years old, they should know better. I mean, was this 55 years of age was that because AARP might have been against the Bill? Why 55 and not 40?” 09300030.doc 69 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

George Scully Jr. (D)

“Representative, 55 was chosen as what we thought was the best place to draw the line as for those people who just simply don’t need this kind of training anymore.”

Robert S. Molaro (D)

“Secondly, is there an exemption for someone who’s been married before? Because they probably know what a bad idea it is to begin with, so I don’t know if they need to go to a counselor to be told that. Is… would you ever consider an exemption for someone who’s been married before?”

George Scully Jr. (D)

“Representative, there is no such exemption built into the Bill. And ironically, when we look at the statistics, second marriages are more likely to fail than first marriages.”

Robert S. Molaro (D)

“And… and I guess you think if the people getting married for a second or third time, sat with a counselor for three or four hours, they may decide not to get married even though they probably know more about marriage than the counselors. Last question, then I’ll talk about the Bill. Is there, in the Bill, what the agenda would be for these people to talk about during the program or would everybody who administers this counseling have their own determination of what they should talk about or not talk about, is there any… gonna be anything uniform?”

George Scully Jr. (D)

“Representative, the Bill specifically provides that there is no set… no state prescribed curricula. Each instructor would be permitted to set their own curricula.”

Robert S. Molaro (D)

“Well, then… then quickly to the Bill. One of the… one of the problems that we have in the state, and it was talked about a colleague who just spoke about marriages 09300030.doc 70 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 ending in divorce and even unwed mothers and children born out of wedlock… I don’t know what the number is, but it’s staggering the percentage of children that are born out of wedlock. And I just think that if you put another hurdle in front of people getting married, you may cause that number to even skyrocket further. So, I… I’m forced to vote ‘present’ on this Bill. Thank you.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Since… Representative Lang.”

Lou Lang (D)

“Thank you. To the Bill.”

Charles A. Hartke (D)

“To the Bill.”

Lou Lang (D)

“Mr. Speaker, Ladies and Gentlemen. I rise in strong opposition to this legislation. My good friend, Representative Scully, has a very good idea, but this is an idea that should be a Resolution. We should resolve that marriage is important in Illinois and note that we have problems keeping the families of Illinois together and suggest that people get family counseling before they get married and suggest that they get family counseling after they get married. But what Representative Scully is proposing here amounts to a marriage tax. It says you have to pay money over here to this counselor if you wanna get married. Now, the Representative will say, well, ya know, we’re gonna have these sliding scales, so we’re gonna have hundreds of counselors around Illinois, each with a different sliding scale. And maybe some would decide, well, you don’t have to pay me at all. But there’s nothing in the Bill that says that anybody that… how that works, 09300030.doc 71 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 and so, it’s very vague. There’s also some exemptions in here. So, if a 56-year-old person wants to marry a 54- year-old person, they either have to go get counseling or they have to lie on their affidavit or they have to wait 60 days. This doesn’t make any sense. I don’t get it. The… it seems to me, Representative, that it would be just as… it would make just as much logical sense, rather than this Bill, to have a Bill that requires people who are married to get counseling. That would even make more sense. That’s when they need the counseling. It seems to me that we’re on the wrong track here. To require people to spend money before they get married is a marriage tax. We should not be about a marriage tax on this floor. It seems to me that Representative Scully, although he’s got the kernel of a good idea, over… he is… is going in the wrong direction. And one more thing before I sit down. Representative Osterman, over here, is about to get married. He may have a conflict of interest on this Bill and I would suggest he take a look at his vote very, very carefully. Although you might wanna vote ‘yes’ just for his sake, I recommend a ‘no’ vote.”

Charles A. Hartke (D)

“Further discussion? Seeing no one is seeking recognition, the question is, ‘Shall… Representative Scully to close.”

George Scully Jr. (D)

“I thank… I’d ask you for a ‘yes’ vote on this Bill. Thank you.”

Charles A. Hartke (D)

“The question is, ‘Shall the House pass House Bill 1629?’ All those in favor signify by voting ‘yes’; 09300030.doc 72 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 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? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 9 people voting ‘yes’, 103 voting ‘no’, 2 Members voting ‘present’. And this Bill, having failed to receive a Constitutional Majority, is hereby declared lost. Mr. Miller, for what reason do you seek recognition?”

David E. Miller (D)

“Point of personal privilege.”

Charles A. Hartke (D)

“State your point.”

David E. Miller (D)

“With that last vote, we… for those first freshmen here, we have something called the Century Club. And those individuals who have been honored by this distinct presence is Representative Churchill, Representative Skinner, Representative Lang, Representative John Dunn, Representative Novak, and others. And just because… well, the last time I had an Amendment, but Representative Scully is now married to the Century Club trophy.”

Charles A. Hartke (D)

“Congratulations, Mr. Scully.”

David E. Miller (D)

“Congratulations.”

Charles A. Hartke (D)

“On page 47 on the Calendar, on the Order of Third Reading, appears Rep… House Bill 116. Representative Smith. Mr. Clerk, read the Bill.”

Rossi

“House Bill 116, a Bill for an Act concerning fire protection districts. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Smith.”

Michael K. Smith (D)

“Thank you, Mr. Speaker. It’s kinda hard to follow that, but I’ll do my best. This is one of the pieces of 09300030.doc 73 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 legislation that was recommended by the task force on fire protection funding, which I was pleased to cochair with Representative Moffitt. This simply would provide some parity between fire protection districts and municipalities. And this would allow fire protection districts to charge a civil penalty on individuals who repeatedly cause false fire alarms. Currently, municipal fire departments can do this, fire protection districts do not have that power. And this would simply give them that power and bring them into parity with municipal fire departments. I know of no opposition.”

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes the Gentleman from Cook, Representative Parke.”

Terry R. Parke (R)

“Thank you, Representative. It is our understanding that an agreement was made by the Sponsor and sometimes when people make agreements, you do sometimes overlook it. But there was an agreement to hold the Bill on Second until an Amendment was put on concerning township fire departments. Do we remember that and have we addressed that?”

Michael K. Smith (D)

“Yes, we do remember it. And that is House Amendment #1, which is now part of the Bill.”

Terry R. Parke (R)

“Thank you, Representative. I think it’s in a form that is acceptable. Thank you.”

Charles A. Hartke (D)

“Representative Moffitt.”

Donald L. Moffitt (R)

“This… Thank you, Mr. Speaker. Just rise in strong support of this legislation. Commend Representative Smith for advancing it. This was input from districts around the 09300030.doc 74 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 state and we think it is important that districts and municipalities be on an even par. So, it’s an excellent piece of legislation. Pleased that Representative Smith has brought it forward now.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition and everyone seems in agreement, the question is, ‘Shall the House pass House Bill 116?’ 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 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 48 of the Calendar, on the Order of Third Reading, appears House Bill 1249. Representative Slone. Mr. Clerk, read the Bill.”

Rossi

“House Bill 1249, a Bill for an Act concerning fire protection. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Slone.”

Ricca Slone (D)

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1249, which has already been amended on the floor, is a Bill that extends to Cook County legislation we passed last Session for all of the rest of the state. It would require notice, except in certain specified conditions, to a fire protection district before open burning occurs within that district, if an ordinance to that effect is passed. So, it is permissive to the localities. I’d be happy to answer any questions.” 09300030.doc 75 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes the Gentleman from Cook, Representative Parke.”

Terry R. Parke (R)

“Thank… thank you, Mr. Spon… Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor will yield.”

Terry R. Parke (R)

“Just one quick question, Representative. Why is Chicago exempted from this?”

Ricca Slone (D)

“Chicago has been exempted from this throughout. They have their own ordinances and so on on this and they do not have a fire protection…”

Terry R. Parke (R)

“The last time I checked, they were part of the State of Illinois. Why… what…

Ricca Slone (D)

“They don’t have a fire protection district, Representative Parke. So, it would not be applicable.”

Terry R. Parke (R)

“So, why would you make an exception then. If they don’t have one, why would you make it an exception for them?”

Ricca Slone (D)

“My understanding was that the city was exempted as part of the deal that was worked out with all the players in Cook County.”

Terry R. Parke (R)

“Thank you, Representative.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, the question is, ‘Shall the House pass House Bill 1249?’ 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 115 Members voting ‘yes’, 0 voting 09300030.doc 76 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 ‘no’, and 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar, on the Order of Second Reading, appears House Bill 1630. Representative Soto. Mr. Clerk, read the Bill.”

Rossi

“House Bill 1630, a Bill for an Act in relation to human needs. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 4 on the Calendar, on the Order of Second Reading, appears House Bill 213. Representative Turner. Mr. Clerk, read the Bill.”

Rossi

“House Bill 213, a Bill for an Act to abolish the death penalty. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 5 on the Calendar, on the Order of Second Reading, appears House Bill 20… 277. Mr. Washington. Mr. Clerk, read the Bill.”

Rossi

“House Bill 277, a Bill for an Act concerning the deposit of state monies. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 10 on the Calendar, on the Order of Second Reading, appears House Bill 1352. Representative Yarbrough. Out of the record. On page 10 on the Calendar, on the Order of Second Reading, appears 09300030.doc 77 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 House Bill 1358. Representative Kurtz. Mr. Clerk, read the Bill.”

Rossi

“House Bill 1358, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 14 on the Calendar, on the Order of Second Reading, appears House Bill 1843. Representative Leitch. Mr. Clerk, read the Bill.”

Rossi

“House Bill 1843, a Bill for an Act in relation to health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration.”

Charles A. Hartke (D)

Speaker Hartke: “Out of the record. Mr. Leitch, I think there’s an Amendment been filed so we’re taking the Bill out of the record. On page 11 on the Calendar, on the Order of Second Reading, appears House Bill 1374. Representative Lyons. Eileen Lyons. 1374. Mr. Clerk, read the Bill.”

Rossi

“House Bill 1374, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 21 on the Calendar, on the Order of Second Reading, appears House Bill 2509. Representative Mathias. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2509, a Bill for an Act concerning the allocation of telephone numbers. Second Reading of this 09300030.doc 78 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 18 on the Calendar, on the Order of Second Reading, appears House Bill 2352. Representative Mitchell. Jerry Mitchell. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2352, a Bill for an Act to implement the federal No Child Left Behind Act of 2001. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 24 on the Calendar, on the Order of Second Reading, appears House Bill 2634. Representative Munson. Representative Munson. Out of the record. On page 41 on the Calendar, on the Order of Second Reading, appears House Bill 3386. Representative Rose. Representative Rose. Out of the record. On page 49 on the Calendar, on the Order of a Third Reading, appears House Bill 1585. Representative Moffitt. Mr. Clerk, read the Bill.”

Rossi

“House Bill 1585, a Bill for an Act in relation to courts. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Moffitt.”

Donald L. Moffitt (R)

“Thank you, Mr. Speaker. House Bill 1585 was drafted because the complaints about identity theft nearly doubled recently, especially in 2002 they have doubled. This legislation is to protect veterans from identity theft. It 09300030.doc 79 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 provides that a military discharge form known as the DD214 is not a public record and requires that such forms would be expunged from the record upon the request of the veteran or designee of the veteran. These are kept by the recorders in our counties, recorders… clerk recorders. And I wanna commend the clerk recorders and recorders association as they advanced this issue. They feel these records need to be protected and I think this is just a small thing that we can do for our veterans. Be happy to answer any questions.”

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes the Gentleman from Whiteside, Mr. Mitchell. Jerry Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker. I rise in full support of this Bill. I’ve had several veterans from my area come into my office concerned that their DD214s are a matter of public record and with that… and even though they request that these not be given out without their permission, it’s still done. Until this Bill is passed, we will have that problem. It’s… it’s constituent-driven and looks like a real fine piece of legislation. I commend the Sponsor. Thank you.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes Mr. Brady.”

Dan Brady (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor indicates that he will yield.”

Dan Brady (R)

“I, too, stand in support of this legislation, Representative. It complements similar legislation in identity theft that I’ve been trying to attack with the 09300030.doc 80 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Representative’s help. So, I certainly stand and ask for my colleagues for a ‘yes’ vote. Thank you.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking… Representative Mautino, the Gentleman from Bureau.”

Frank J. Mautino (D)

“Representative, I had just a couple of questions. Who has access to the… to the discharge papers?”

Donald L. Moffitt (R)

“At the present time, unless some clerk recorder or recorder has made a local a policy that’s different, it’s public record and anyone that comes into that courthouse can have access to those. Depending on what the date of the discharge paper was, some of these even contain Social Security numbers. We have reports of unscrupulous people going in and getting Social Security numbers off it. So, at present, in general, anyone can walk into the courthouse and have to access to the discharge papers.”

Frank J. Mautino (D)

“Now, the… for some of the things that the VAC processes, uses in their processing, will they be able to get that information on what’ll now be available?”

Donald L. Moffitt (R)

“If it’s a legitimate request from the Veterans Administration, you mean?”

Frank J. Mautino (D)

“Yes.”

Donald L. Moffitt (R)

“If it’s… if it’s a legitimate request or the veteran wants it released, certainly. It’s just that…”

Frank J. Mautino (D)

“Has… has this been amended to reflect the concerns that some of the VAC facilities had? Did they give you some language for this?” 09300030.doc 81 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Donald L. Moffitt (R)

“No, none. They did… no… none… there was no concern expressed to me, so we were not waiting on any language. There’s no opposition that I’m aware of.”

Frank J. Mautino (D)

“Okay. I’ll check with my local VACs in here then. If there is something… They were looking at some of the language, they had a question on. So, I’ll let that go forward and then maybe in the Senate, if they have something, it can be addressed there.”

Donald L. Moffitt (R)

“Certainly. We would work with them. I’ll work with you, Representative. But no opposition, no concern, has been expressed. It’s been all support. And all the veterans’ groups are onboard: Department Milir… Military Affairs, the Veterans Affairs, the VFW and all the veterans’ groups. So, but no one had come forward with any other changes.”

Frank J. Mautino (D)

“Yeah. This was just a… a request that I had had a couple of days ago. And I know that at the time it was presented in committee, there was nothing there. So, go right ahead. I understand what you’re trying to do and I’ll… I’ll make sure that’s what they were looking at and if we need to, we can address it in the Senate.”

Donald L. Moffitt (R)

“Thank you.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, Representative Moffitt to close.”

Donald L. Moffitt (R)

“At this time, in the history of our country, as we see our soldiers being called to duty and going on active duty and being sent possibly into conflict in the very near future, they’re out there protecting us, protecting our 09300030.doc 82 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 rights and our freedoms. This is one way that we can help protect some very important records for them. I urge an ‘aye’ vote. Thank you.”

Charles A. Hartke (D)

“The question is, ‘Shall the House pass House Bill 1585?’ 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 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 47 on the Calendar, on the Order of Third Reading, appears House Bill 298. Representative Poe. Representative Poe. Mr. Clerk, read the… read the Bill.”

Bolin

“House Bill 298, a Bill for an Act concerning vehicles. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Poe.”

Raymond Poe (R)

“Mr. Speaker, Ladies and Gentlemen of the House. Basically what this Bill… We passed this a year ago and this is for abandoned vehicles left along the side of the road, and we put the responsibility on the driver. As we worked with the Secretary of State, we found that it would be a lot better if we would have put that responsibility to the owner to pay those fines, fees and repercussions on their driver’s license. And basically, this is a cleanup. The Bill’s exactly like last year. We’re just changing 09300030.doc 83 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 into law the… from the driver to the owner. I’d ask for a favorable vote.”

Charles A. Hartke (D)

“Is there any discussion? Seeing that no one is seeking recognition, the question is, ‘Shall the House pass House Bill 298?’ 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 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 49 on the Calendar, on the Order of Third Reading, appears House Bill 2279. Representative Leitch. Mr. Clerk, read the Bill. 2279.”

Bolin

“House Bill 2279, a Bill for an Act concerning education. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Leitch.”

David R. Leitch (R)

“Thank you very much, Ladies and Gentlemen of the House. House Bill 2279 simply permits community colleges to provide student housing. A number of them are already doing it through various devices, but this would simply streamline their ability and clarify their ability to do it. I would ask for your support.”

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes Representative Slone.”

Ricca Slone (D)

“Thank you, Mr. Speaker. I rise in opposition to this legislation. The current statute and practice in the State of Illinois is that the community colleges do not and 09300030.doc 84 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 should not have dormitory housing. They are intended to play a very different role in the community than our state universities. And it is the policy of the community college board of trustees to oppose the construction of housing for community college students. The community colleges… Our intent and in effect is community colleges not as residential colleges like our state universities and this would override a long-standing policy. So, I am in opposition to this legislation.”

Charles A. Hartke (D)

“Further discussion? Seeing that no one is seeking recognition, Representative Leitch to close.”

David R. Leitch (R)

“I’d ask for an ‘aye’ vote.”

Charles A. Hartke (D)

“The question is, ‘Shall the House pass House Bill 2279?’ 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. Brunsvold. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 102 Members voting ‘yes’, 8 Members voting ‘no’, and 5 Members voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 50 of the Calendar, on the Order of Third Reading, appears House Bill 2525. Representative Lou Jones. Representative Jones. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2525, a Bill for an Act in relation to criminal law. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Jones.” 09300030.doc 85 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Lovana Jones (D)

“Thank you, Mr. Speaker and Members of the House. House Bill 2525 amends the Criminal Code of 1961. It allows domestic… domestic battery to be charged as Class A felony instead of a Class A misdemeanor, if the defendant has any prior conviction under the law of another jurisdiction for any offense which is substantially similar to Illinois’ offense that out… there’s a basis for the enhancement.”

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes the Lady from Grundy, Representative O’Brien.”

O’Brien

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in strong support of this Bill. In Illinois, we know that we can elevate the class of this crime if the conviction… if it’s the second conviction, if the conviction happened in Illinois. It shouldn’t matter where you have been convicted of domestic battery. If you’ve moved around from state to state and you batter your spouse in Indiana and come to Illinois and do it, you should be considered a second-time offender and we should have the ability in Illinois to enhance that crime to make it a felony. And I would just like to commend the Sponsor and certainly encourage all of my colleagues to cast an ‘aye’ vote.”

Charles A. Hartke (D)

Speaker Hartke: “Further discussion? Chair recognizes the Gentlemen from Coles, Representative… Champaign, excuse me, Mr. Rose.”

Chapin Rose (R)

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in strong support of this Bill. As a prosecutor for three years, this is a serious problem in 09300030.doc 86 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 the State of Illinois. For years, we had problems charging our cases when someone from out-of-state had a prior domestic violence conviction, as a Class IV felony, domestic with a prior domestic battery. I’d like to support the Sponsor and for her initiative in taking the lead on this important issue to the people of the State of Illinois. And I just thank ya and I would urge my Members and colleagues to vote ‘aye’ on this matter.”

Charles A. Hartke (D)

“Further discussion? Chair recognizes the Lady from Cook, Representative Lyons. Eileen Lyons.” Lyons, E.: “Thank you, Mr. Speaker. I, too, rise in strong support of this legislation. The victims coming over state lines to seek shelter, this legislation would really help those victims because there are many abusers who cross state lines and seek the victims out. And I commend the Representative for her sponsoring this legislation and urge an ‘aye’ vote.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, Representative Lou Jones to close. Would you like to close, Representative Jones?”

Lovana Jones (D)

“Thank you, Mr. Speaker. I ask for a favorable vote.”

Charles A. Hartke (D)

“The question is, ‘Shall the House pass House Bill 2525?’ 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 Dunkin. Representative Turner. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 Members voting ‘yes’, 0 voting 09300030.doc 87 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 ‘no’, and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 41 on the Calendar, on the Order of Second Reading, appears House Bill 3386. Representative Rose. Mr… Take that Bill out of the record. On page 37 on the Calendar, on the Order of Second Reading, appears House Bill 3106. Representative Bassi. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3106, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 42 of the Calendar, on the Order of Second Reading, appears House Bill 3486. Representative Bailey. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3486, a Bill for an Act concerning domestic violence. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 20 of the Calendar, on the Order of Second Reading, appears House Bill 2447. Representative Bellock. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2447, a Bill for an Act in relation to mental health. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. House… on page 43 on the Calendar, on the Order of Second Reading, appears House 09300030.doc 88 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Bill 3504. Representative Bradley. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3504, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 32 on the Calendar, on the Order of Second Reading, appears House Bill 2890. Representative Brunsvold. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2890, a Bill for an Act concerning weights and measures. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 31 on the Calendar, on the Order Second Reading, appears House Bill 2845. Representative Brady. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2845, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 31 of the Calendar, on Second Reading, appears House Bill 2848. Representative Coulson. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2848, a Bill for an Act in relation to children. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 89 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 43 on the Calendar, on the Order of Second Reading, appears House Bill 3522. Representative Burke. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3522, a Bill for an Act concerning insurance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 19 on the Calendar, on the Order of Second Reading, appears House Bill 2442. Representative Chapa LaVia. Representative Chapa LaVia. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2442, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 30 on the Calendar, on the Order of Second Reading, appears House Bill 2797. Representative Eddy. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2797, a Bill for an Act regarding schools. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 9 on the Calendar, on the Order of Second Reading, appears House Bill 1182. Representative Collins. Representative Collins. Mr. Clerk, read the Bill.” 09300030.doc 90 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Bolin

“House Bill 1182, a Bill for an Act in relation to minors. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 49 on the Calendar appears House Bill 23… excuse me. On page 49 on the Calendar, on the Order of Third Reading, appears House Bill 2350. Representative Colvin. Are you ready to call that Bill on Third Reading? Out of the record. On page 48 of… on the Calendar, on Third Reading appears House Bill 538. Representative Acevedo. On Third Reading. Are you ready to call that Bill on Third Reading? Let’s run it. Mr. Clerk, read the Bill.”

Bolin

"House Bill 538, a Bill for an Act in relation to criminal law. Third Reading of this House Bill.”

Charles A. Hartke (D)

"Representative Acevedo.”

Edward J. Acevedo (D)

"Mr. Speaker, take this Bill out of the record.”

Charles A. Hartke (D)

"Take this Bill out of the record. On page 48 on the Calendar appears House Bill 538. Representative Acevedo. Mr. Clerk, read the Bill.”

Bolin

"House Bill 538, the Bill’s been read a third time, previously.”

Charles A. Hartke (D)

"Representative Acevedo.”

Edward J. Acevedo (D)

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 538 changes the repeal date from July 1, 2004 to July 1, 2012, which amends the Gang Crimes Witness Protection Act. It also makes the change the sunset date of the Capital Crimes and Litigation Act to Ju… from July 09300030.doc 91 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 1, 2008 to July 1, 2004… from July 1, 2004 to July 1, 2008.”

Charles A. Hartke (D)

"Is there any discussion? Since no one is seeking recognition, the question is, ‘Shall the House pass House Bill 538?’ 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 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Colvin, would you like to try your Bill now? On page 49 on the Calendar, on Third Reading appears House Bill 2350. Representative Colvin. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2350, a Bill for an Act concerning education. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Colvin.”

Marlow H. Colvin (D)

“Thank you, Mr. Speaker. House Bill 2350 provides that the State Board of Education shall accept as qualifications for noncertified personnel relevant life experiences as determined by the state board by rule, if this Bill is to go into law. In effect, what this Bill will do was award teachers, teachers’ assistants, and paraprofessionals credit, college credit, toward the 60 hours that would be required by the No Child Left Behind Act in lieu of any time that they don’t have in the classroom. As a result of having earned the 60 hours… having to earn… had to earn 60 09300030.doc 92 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 hours, any time they’d already spent in the role as a paraprofessional will be counted toward those 60 hours. I’d be happy to answer any questions.”

Charles A. Hartke (D)

“Is there any discussion? Seeing that no one is seeking recognition, the question is, ‘Shall the House pass House Bill 2350?’ 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… Representative Kelly. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 of the Calendar, on the Order of Second Reading, appears House Bill 2186. Representative Currie. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2186, a Bill for an Act concerning taxes. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Currie, has been approved for consideration.”

Charles A. Hartke (D)

“Representative Currie on Floor Amendment #1.”

Barbara Flynn Currie (D)

“Thank you, Speaker and Members of the House. As introduced, House Bill 2186 was a very ambitious program expanding significantly over five or six years the earned income tax credit. The Amendment significantly modifies the ambition that was part of the original Bill. As amended, if this is adopted, the measure would extend the earned income tax credit, retain the five percent of the 09300030.doc 93 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 federal credit as the basis for the Illinois tax break and in year two apply the refundability principal that is part of Federal Law to the Illinois program. I’d be happy to answer your questions and I’d appreciate your support for the Amendment.”

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes the Gentleman from Cook, Representative Parke.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor indicates that she will yield.”

Terry R. Parke (R)

“This is an… this increases the earned tax credit?”

Barbara Flynn Currie (D)

“This retains the earned income tax credit at five percent of the federal. With the Amendment, that credit would be refundable in the… not this fiscal year but the next fiscal year.”

Terry R. Parke (R)

“If we…”

Barbara Flynn Currie (D)

“The percentage would not change.”

Terry R. Parke (R)

“What happens in the second year?”

Barbara Flynn Currie (D)

“In the second year, the five percent credit would be refundable.”

Terry R. Parke (R)

“Refundable to whom?”

Barbara Flynn Currie (D)

“To the taxpayer.”

Terry R. Parke (R)

“And how much is that gonna cost?”

Barbara Flynn Currie (D)

“I don’t have exact figures, but the original Bill, in year five, the projected cost was around 285 million dollars. As I said, it was ambitious, as introduced. With this Amendment, the out-year cost would run perhaps 18, perhaps 20 million dollars. But that’s an out-year cost, not a cost for the current budget year.” 09300030.doc 94 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Terry R. Parke (R)

“Well, I can appreciate this current fiscal year, but we are gonna be… we’re about to hear the ’04 budget and…”

Barbara Flynn Currie (D)

“That’s… I’m sorry. I meant the ’04 budget year, no change from current spending.”

Terry R. Parke (R)

“Well, all we can do is hope that, in fact, that we turn the corner significantly because the Governor is going to have to factor in whatever amount this is. And so is ’04 to be $45 million, that’s what the estimate is.”

Barbara Flynn Currie (D)

“In fiscal year ’04, it would be approximately what we spend today.”

Terry R. Parke (R)

“So…”

Barbara Flynn Currie (D)

“Same amount. So, I guess… I guess my… my comment to you, Representative, if you would like to be a fiscal conservative, then I think that the proper vote on Amendment 1 is ‘yes’ because Amendment 1 significantly reduces the out-year costs of House Bill 2186, as introduced.”

Terry R. Parke (R)

“So, if you ask for a billion and you cut it down to a half a billion, then I should be happy to do that.”

Barbara Flynn Currie (D)

“Yeah. Actually, those are not the appropriate figures for this Bill, but yes.”

Terry R. Parke (R)

“No, right. Well, I’m sorry. I don’t look at it that way. Ladies and Gentlemen, to the Bill.”

Charles A. Hartke (D)

“To the Bill.”

Terry R. Parke (R)

“Again, we have a Bill that I’m sure can be justified. I mean, poor people, certainly you need to have more money to live and to do the things that they want. But we are in a fiscal hole and we have no idea when we’re gonna get out, 09300030.doc 95 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 yet we continue to fund programs. Now, I think it’s great that, in fact, we’re trying to take into consideration this fiscal year and perhaps even next fiscal year, but these programs do have a price tag and they do cost money and we don’t have the money to pay for it. So, for those of you that are so inclined, I might suggest that we vote ‘present’ because we won’t be able to justify spending this money when we don’t have the money. And all it does is gonna require our Governor to have to line item or amendily (sic-Amendatorily) Veto a lot of this legislation… this Amendment, excuse me, when it becomes part of the Bill. So, a lot of… ya know, a lot of this is that you’re putting is gonna end up on the Governor’s desk and he’s gonna have to make… you’re forcing him to make a lot of tough decisions.”

Charles A. Hartke (D)

“Further discussion? Chair recognizes the Lady from Kane, Representative Lindner.”

Patricia Reid Lindner (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor indicates that she will yield.”

Patricia Reid Lindner (R)

“I rise in support of this Amendment. The earned income tax credit, as we all know, has been a successful federal program. The state started it, I believe, it was two years ago and it has benefited, I think, about 19 million taxpayers in our state. The Voices for Illinois’ Children has probably spoken to a lot of people about this. This is their initiative, they’ve supported this for a long time. They… they greatly reduced… with this Amendment reduced their expectations of what the earned income tax 09300030.doc 96 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 credit will be in the next year or two. As the Sponsor said, it doesn’t cost anymore in ’03 or ’04 and it remains to be seen as to what would happen in the year ’05 as far as the economy is going. I would ask for an ‘aye’ vote on this Amendment.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, Representative Currie to close.”

Barbara Flynn Currie (D)

“Thank you, Speaker. I think the issue is clear. If you wanna spend less in future years, vote ‘yes’ on Amendment 1 to House Bill 2186.”

Charles A. Hartke (D)

“The question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 2186?’ All in favor signify by saying ‘yes’; those opposed vote ‘no’. The voting is open. Excuse me. The ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”

Rossi

“No further Amendments.”

Charles A. Hartke (D)

“Third Reading. On page 27 of the Calendar, on the Order of Second Reading, appears House Bill 3115. Representative Hultgren. Representative Hultgren. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3115, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 39 on the Calendar, on the Order of Second Reading, appears House Bill 3232. Representative Davis. Will Davis. Mr. Clerk, read the Bill.” 09300030.doc 97 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Rossi

“House Bill 3232, a Bill for an Act regarding vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 36 of the Calendar, on the Order of Second Reading, appears House Bill 3072. Representative Delgado. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3072, a Bill for an Act in relation to criminal offenses. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On the Order… on page 16, on the Order of Second Reading, appears House Bill 2246. Representative Krause. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2246, a Bill for an Act concerning taxes. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 44 on the Calendar, on the Order of Second Reading, appears House Bill 3620. Representative Dunkin. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3620, a Bill for an Act concerning open meetings. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 31 on the Calendar, on the Order of Second Reading, appears House Bill 2858. Representative Mathias. Mr. Clerk, read the Bill.” 09300030.doc 98 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Rossi

“House Bill 2858, a Bill for an Act concerning criminal actions. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 40 on the Calendar, on the Order of Second Reading, appears House Bill 3285. Representative McAuliffe. 3285. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3285, a Bill for an Act to create the Gender-Neutral Statutes Commission. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 6 on the Calendar, on the Order of Second Reading, appears House Bill 374. Representative Mitchell. Bill Mitchell. Mr. Clerk, read the Bill.”

Rossi

“House Bill 374, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 6 on the Calendar, on the Order of Second Reading, appears House Bill 416. Representative Hamos. Mr. Clerk, read the Bill.”

Rossi

“House Bill 416, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.” 09300030.doc 99 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 3 on the Calendar, on the Order of Second Reading, appears House Bill 79. Representative Hannig. Mr. Clerk, read the Bill.”

Rossi

“House Bill 79, a Bill for an Act in relation to public employee benefits. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 49 on the Calendar, on the Order Third Reading, appears House Bill 2136. Representative Sara Feigenholtz. 2136.”

Rossi

“House Bill 2136…”

Charles A. Hartke (D)

“Would you like to call that Bill today? Take that Bill out of the record. On page 49 on the Calendar, on the Order of Third Reading, appears House Bill 2136. Representative Feigenholtz. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2136, a Bill for an Act concerning adoption. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Feigenholtz.”

Sara Feigenholtz (D)

“Thank you very much, Ladies and Gentlemen of the House and Mr. Speaker. This is a Bill that has come out of some recommendations from the Adoption Registry Advisory Committee. It simply strikes the need for a witness signature. I’d be glad to answer any questions.”

Charles A. Hartke (D)

“Is there any discussion on House Bill 2136? Seeing that no one is seeking recognition, the question is, ‘Shall the House pass House Bill 2136?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The 09300030.doc 100 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 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 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 42 on the Calendar, on the Order of Second Reading, appears House Bill 3487. Representative Mulligan. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3487, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 13 on the Calendar, on the Order of Second Reading, appears House Bill 1530. Representative Jakobsson. Mr. Clerk, read the Bill.”

Rossi

“House Bill 1530, a Bill for an Act in relation to public health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 7 on the Calendar, on the Order of Second Reading, appears House Bill 470. Representative Munson. Mr. Clerk, read the Bill.”

Rossi

“House Bill 470, a Bill for an Act in relation to education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.” 09300030.doc 101 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 32 on the Calendar, on the Order of Second Reading, appears House Bill 2930. Representative Osmond. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2930, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 23 on the Calendar, on the Order of Second Reading, appears House Bill 2587. Representative Lou Jones. Representative Jones. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2587, a Bill for an Act concerning the Department of Transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 36 on the Calendar, on the Order of Second Reading, appears House Bill 3063. Representative Pankau. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3063, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 33 on the Calendar, on the Order of Second Reading, appears House Bill 2972. Representative Joyce. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2972, a Bill for an Act concerning electronic mail. Second Reading of this House Bill. No 09300030.doc 102 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 41 on the Calendar, on the Order of Second Reading, appears House Bill 3427. Representative Kelly. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3427, a Bill for an Act concerning elections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 34 on the Calendar, on the Order of Second Reading, appears House Bill 2976. Representative Poe. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2976, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 22 on the Calendar, on the Order of Second Reading, appears House Bill 2543. Representative Joe Lyons. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2543, a Bill for an Act in relation to installment loans. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. House Bill… on page 43 on the Calendar, on the Order of Second Reading, appears House Bill 3493. Representative Rose. Mr. Clerk, read the Bill.” 09300030.doc 103 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Rossi

“House Bill 3493, a Bill for an Act in relation to methamphetamine. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. Mr. Clerk, what is the status of House Bill 3427?”

Rossi

Clerk Rossi: “House Bill 3427 is on the Order of House Bills-Third Reading.”

Charles A. Hartke (D)

“Move that Bill back to the Order of Second Reading for the purpose of an Amendment at the request of the Sponsor. Representative Mendoza, for what reason do you seek recognition?”

Susana Mendoza (D)

“I rise on a point of personal privilege. Mr. Speaker, I just wanted to make an announcement to all of the Members. COWL, and I don’t want any funny noises from the boys, will be having a Members reception tomorrow from 5 to 7 at the Pasfield House. I just wanted to make an announcement. Everyone’s invited, we don’t just want the Ladies there. We want our… our guy friends and to have a good time. And it’s open to both chambers, the House and the Senate. Everyone’s invited. We’re gonna have a little cocktail reception on behalf of COWL for everyone to get to know each other a little bit better. I know most of us do know who all of us are, but it’ll be a nice opportunity to mingle with our Senate colleagues and get to know each other a little better and just talk about whatever we want to talk about. It’s just to have some fun. So, hope to 09300030.doc 104 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 see everyone there from 5 to 7. For those of you who don’t know where Pasfield House is, Tony Leone’s house. So, if you have any other questions, please talk to me or any of the other Ladies who are in COWL, 5 to 7 tomorrow night. COWL, Conference of Women Legislators. Clothing is mandatory. Thank you.”

Charles A. Hartke (D)

“Thank you. Further… Representative Stephens, for what reason do you seek recognition?”

Ron Stephens (R)

“Point of personal privilege.”

Charles A. Hartke (D)

“State your point.”

Ron Stephens (R)

“Is Representative Turner in the building… in the hall?”

Charles A. Hartke (D)

“Representative Turner is in his chair.”

Ron Stephens (R)

“Well, we… over here, we need to know if the Brotherhood of American Legislative Leaders is meeting also.”

Charles A. Hartke (D)

“Mr. Turner.”

Arthur L. Turner (D)

“Thank you, Mr. Speaker. Our meeting is scheduled for April. Actually, I think, April 1st is the tentative date, right now.”

Charles A. Hartke (D)

“On page 17 on the Calendar, on the Order of Second Reading, appears House Bill 2316. Representative Winters. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2316, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 105 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 36 on the Calendar, on the Order of Second Reading, appears House Bill 3090. Representative Dunn. Representative Dunn. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3090, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 42 on the Calendar, on the Order of Second Reading, appears House Bill 3466. Representative Dunn. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3466, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 6 of the Calendar, on the Order of Second Reading, appears House Bill 349. Representative Stephens. Mr. Clerk, read the Bill.”

Rossi

“House Bill 349, a Bill for an Act concerning display of the American flag. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 14 on the Calendar, on the Order of Second Reading, appears House Bill 1809. Representative Stephens. 1809. Mr. Stephens, you have an Amendment in Rules. This Bill will remain on Second. Do you wanna move it without the Amendment? Okay, leave it on 09300030.doc 106 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Second. On page 35 on the Calendar, on the Order of Second Reading appears, House Bill 3050. Mr. Wirsing. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3050, a Bill for an Act concerning grand juries. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 20 on the Calendar, on the Order of Second Reading, appears House Bill 2454. Representative Wirsing. Mr. Clerk, read the Bill.”

Rossi

“House Bill 2454, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 7 on the Calendar, on the Order of Second Reading, appears House Bill 514. Representative Sacia. Mr. Clerk, read the Bill.”

Rossi

“House Bill 514, a Bill for an Act regarding schools. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Motions have been filed. No Floor Amendments approved for consideration.”

Charles A. Hartke (D)

“Third Reading. On page 46 on the Calendar, on the Order of Second Reading, appears House Bill 3692. Representative Sacia. Mr. Clerk, read the Bill.”

Rossi

“House Bill 3692, a Bill for an Act in relation to vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09300030.doc 107 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Charles A. Hartke (D)

“Third Reading. On page 47 on the Calendar, on the Order of Third Reading, appears House Bill 308. Representative Molaro. Mr. Clerk, read the Bill.”

Rossi

“House Bill 308, a Bill for an Act concerning the Metropolitan Water Reclamation District. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Molaro.”

Robert S. Molaro (D)

“Thank you, Mr. Chairman, Ladies and Gentlemen of the House. In the statute, with the Water Reclamation District, many, many years ago was formed the Civil Service Commission. This has nothing to do with the commissioners who are elected. This is a Civil Service Commission which consists of three members, and all they do is hear disciplinary actions, they hear hiring and firing and they are there. They work about 25 hours a week, 30 hours a week. They’re a Civil Service Board that hears these types of agenda. But their salary is set by statute and it was set maybe 1988. This Bill has been around about three years ago, we were deciding whether or not to call it. It was a bad time then, it was a bad time last year. And it’s finally reached our desk that it is time that these people, who haven’t had a raise in over… since 1988, that they get a raise from their current salary of 15 thousand to a proposed salary of 20 thousand. And unfortunately, they do have to come to Springfield to do it, the Water Reclamation District Commissioners cannot do it for ‘em. But I repeat, two things, this is not the elected commissioners and it 09300030.doc 108 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 does not cost the State of Illinois one penny. And that’s what the Bill does.”

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes the Gentleman from Cook, Representative Parke.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor indicates that he will yield.”

Terry R. Parke (R)

“Thank you. Representative, if this doesn’t cost the taxpayers of Illinois directly, doesn’t it cost the taxpayers of the MWRD?”

Charles A. Hartke (D)

“This… The answer to that is, I’m told by the MWRD Commissioners that it would come out of their current budget. That there will be no… no increase to their budget if, in fact, this is passed.”

Terry R. Parke (R)

“Well, to the Bill. Ladies and Gentlemen…”

Charles A. Hartke (D)

“To the Bill.”

Terry R. Parke (R)

“…this is a tax increase whether it’s built into the current budget or it’s not. It’s an increase in salaries at a time when the Governor has said that he is looking at dropping boards and commissions and trying to save money. Indirectly, some taxpayer money will be used for this. You have to determine whether or not you wanna raise these Civil Service Board members from 15 thousand to 20 and the chairman’s salary from 17,500 to 22,500. It’s up to you, if you wanna spend this money. Thank you.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, except Representative Mulligan. She declines recognition. Representative Molaro to close.” 09300030.doc 109 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Robert S. Molaro (D)

“Thank you, Mr. Speaker. Again, just quickly, there is no cost to the State of Illinois. It’s already built into the budget at the MWRD and these people have not received any increase in over 10 years and it’s the Civil Service Board, not the commissioners. And we’d ask for a favorable Roll Call.”

Charles A. Hartke (D)

“Question is, ‘Shall the House pass House Bill 308?’ 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? Fritchey and Representative Kurtz. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 60 Members voting ‘yes’, 53 Members voting ‘no’, 2 Members voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 19 of the Calendar, on Second Reading appears House Bill 2425. Representative Capparelli. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2425, a Bill for an Act concerning currency exchanges. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for considerations. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. Mr. Capparelli, do you have an Amendment for that Bill that’s pending? You’re sure? On page 21 on the Calendar, on the Order of Second Reading, appears House Bill 2486. Representative Nekritz. Mr. Clerk, read the Bill.” 09300030.doc 110 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Bolin

“House Bill 2486, a Bill for an Act concerning reproductive health care facilities. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 42 on the Calendar, on the Order of Second Reading, appears House Bill 3452. Representative McGuire. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3452, a Bill for an Act in relation to State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 41 on the Calendar, on the Order of Second Reading, appears House Bill 3396. Representative McKeon. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3396, a Bill for an Act concerning labor relations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 44 on the Calendar, on the Order of Second Reading, appears House Bill 3587. Representative Mendoza. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3587, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 7 on the Calendar, on the Order of Second Reading, appears House Bill 520. Representative Millner. Mr. Clerk, read the Bill.” 09300030.doc 111 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Bolin

“House Bill 520, a Bill for an Act to create the Pharmacy Benefit Management and Regulation Act. Second Reading of this House Bill. Amendment #1 was adopted in committee.”

Charles A. Hartke (D)

“Mr. Clerk, take that Bill out of the record. On page 12 of the Calendar, on the Order of Second Reading, appears House Bill 15… 1458, 1-4-5-8. Mary K. O’Brien. Mr. Clerk, read the Bill.”

Bolin

“House Bill 1458, a Bill for an Act concerning agriculture. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 38 of the Calendar, on the Order of Second Reading, appears House Bill 3229. Representative Osterman. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3229, a Bill for an Act concerning environmental protection. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 21 on the Calendar, on the Order of Second Reading, appears House Bill 2491. Representative Rita. Representative Rita. Out of the record. On page 35 on the Calendar, on the Order of Second Reading, appears House Bill 3060. Representative Ryg. Mr. Clerk, read the Bill.”

Bolin

“House Bill 3060, a Bill for an Act concerning health insurance coverage. Second Reading of this House 09300030.doc 112 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 16 of the Calendar, on the Order of Second Reading, appears House Bill 2216. Representative Smith. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2216, a Bill for an Act in relation to public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 9 of the Calendar, on the Order of Second Reading, appears House Bill 1250. Representative Slone. Mr. Clerk, read the Bill.”

Bolin

“House Bill 1250, a Bill for an Act relating to facility planning areas. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. On page 49 on the Calendar appears Senate Bill 1624. Representative Scully. House Bill. Out of the record. On page 49 on the Calendar, on the Order Third Reading… Let’s have some order. On page 49 on the Calendar, on the Order of Third Reading, appears House Bill 1632. Representative Soto. Representative Soto. Cynthia Soto. Mr. Clerk, read the Bill.”

Bolin

“House Bill 1632, a Bill for an Act concerning business transactions. Third Reading of this House Bill.”

Charles A. Hartke (D)

“Representative Soto.”

Cynthia Soto (D)

“Thank you, Speaker and Members of the House. This Bill is a consumer Bill. It is a Bill… and this Bill is a 09300030.doc 113 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Consumer Fraud and Deceptive Business Practice Act to require a person or entity that offers free goods or service to an Illinois consumer on a trial basis and assesses a periodic fee or charge for goods or service, after the end of the free-trial period, to send to any consumer who accepts a free good or service a form that the consumer may use to indicate his or her agreement to pay the periodic fee. Consumer indicating that assent to the fee, the fee cannot be imposed after the end of the free trial period. Violation of this Section constitutes an unlawful practice within the meaning of the Act. The reason why I bring this Bill is because this really affects a lot of our senior citizens. And do you know what, they forget to cancel it and then they’re responsible for paying this fee. I had a constituent that came to me that she had a free trial on a magazine, after that she was… she had to pay $18 hundred. Now, they’re living on a fixed income and they cannot afford it. And again, they forget to cancel that prescription… subscription. So, again, I urge your support on this Bill. It’s a consumer Bill and I call it my senior citizen Bill. So, I urge your support and I thank you for your support.”

Charles A. Hartke (D)

“Is there any discussion? Chair recognizes the Gentleman from Cook, Representative Parke.”

Terry R. Parke (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?”

Charles A. Hartke (D)

“Sponsor indicates that she will yield.”

Terry R. Parke (R)

“Representative, my question to you is, when they send the form to the consumer, what happens if the consumer just 09300030.doc 114 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 doesn’t send the form back? Does that matter? How do you know that the consumer’s gotten that form?”

Cynthia Soto (D)

“How do we know that they have the form?”

Terry R. Parke (R)

“How would anyone know that the consumer got the form if they didn’t send it back in? In other words, a consumer could say, I never got the form.”

Cynthia Soto (D)

“Well, they can say that, but in the past what’s happened is automatically they send them this… this Bill to pay whatever amount it is. When they, in fact, don’t want the subscription.”

Terry R. Parke (R)

“Well, do they think they have to pay it?”

Cynthia Soto (D)

“Yes, they do. They’re obligated to pay it.”

Terry R. Parke (R)

“Why are they obligated?”

Cynthia Soto (D)

“Because it’s a free trial. After 30 days, you’re obligated to pay the bill if you don’t call and cancel. And, as you know, many of us forget to do that, too. I know it’s happened to me.”

Terry R. Parke (R)

“Did anybody object to your Bill in committee, Representative?”

Cynthia Soto (D)

“No one did. In fact, I have a lot of cosponsors.”

Terry R. Parke (R)

“What happens if they don’t send the certificate out?”

Cynthia Soto (D)

“I’m sorry. I can’t hear you.”

Terry R. Parke (R)

“What happens if they don’t send the form to the consumer? Is there jail time…”

Cynthia Soto (D)

“No, there isn’t.”

Terry R. Parke (R)

“…or is there a fine?”

Cynthia Soto (D)

“No, there isn’t.” 09300030.doc 115 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003

Terry R. Parke (R)

“So… is it… is this a ‘may’ or ‘shall’? What is this? Is this a ‘must’? So, it’s a ‘must’. So, it’s a ‘shall’ send the consumer.”

Cynthia Soto (D)

“Correct. Shall.”

Terry R. Parke (R)

“But there’s no penalties?”

Cynthia Soto (D)

“There is no penalties to this Bill.”

Terry R. Parke (R)

“Okay. You have a legislation but you have no teeth in it, so I hope it achieves what you want, Representative. Thank you.”

Cynthia Soto (D)

“I think it will and if I need to, you know, introduce or add to this Bill in the future, I will do so.”

Terry R. Parke (R)

“Well, see if it works.”

Cynthia Soto (D)

“I think it will. It will send the message. Thank you.”

Charles A. Hartke (D)

“Further discussion? Since no one is seeking recognition, Representative Soto to close.”

Cynthia Soto (D)

“Thank you. I urge everyone for an ‘aye’ vote. I really appreciate your support. Again, we have these practices that we need to stop. I mean, it really takes… this will help. This is a good Bill and again, it will help our senior citizens in all our districts. Again, thank you for your ‘aye’ votes.”

Charles A. Hartke (D)

“The question is, ‘Shall the House pass House Bill 1632?’ 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 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this 09300030.doc 116 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 on the Calendar, on the Order of Second Reading, appears House Bill 2188. Representative Nekritz. Mr. Clerk, read the Bill.”

Bolin

“House Bill 2188, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”

Charles A. Hartke (D)

“Third Reading. The House is preparing to adjourn. Chair recognizes Representative Sullivan. Yes.”

Ed Sullivan Jr. (R)

“Yes, I rise for a point of personal privilege.”

Charles A. Hartke (D)

“State your point.’

Ed Sullivan Jr. (R)

“I just wanted to announce to the floor that there will be a Sullivan Caucus immediately following today’s events. All are invited. We’ll be serving food and pop and other beverages that I can’t speak of. And I invite all to attend. Thank you. Marley’s Pub.”

Charles A. Hartke (D)

“Thank you for that invitation. Representative Currie now moves, allowing perfunctory time for the Clerk, that the House stand adjourned ‘til the hour of 10 a.m., Wednesday, March 19th. 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 ‘til the hour of 10 a.m., Wednesday, March 19th.”

Rossi

“House Perfunctory Session will come to order. Introduction and First Reading of Senate Bills. Senate Bill 41, offered by Representative Mathias, a Bill for an Act in relation to estates. Senate Bill 110, offered by 09300030.doc 117 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/18/2003 Representative Fritchey, a Bill for an Act concerning child care facilities. First Reading of these Senate Bills. There being no further business, House Perfunctory Session shall stand adjourned.” 09300030.doc 118