“The hour of four o’clock having arrived, would the Members please be in their seats. Will the Members please be in their seats. We’ll be led in prayer today by Pastor Bob Farr with the Philadelphia Church - Stonefort in Stonefort, Illinois. Pastor Farr is the guest of Representative Phelps. Members and guests are asked to refrain from starting their laptops. Please turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. Pastor Farr.”
“Thank you. First I’d like to express my great appreciation and what a great honor and privilege I consider it to be to offer prayer before the leaders of my native home, the great State of Illinois. Let’s go… let’s go to God in prayer. Almighty Father, God, I pray that You anoint these men and women for the task at hand. Father, that You would keep it ever present in their minds and hearts that our forefathers used the Book of Deuteronomy as the basis for our laws. And Father, in these times of turbulence, this time of terrorism, abortion and same sex marriages, let us judge no person, but instead, let us use the word of God as our plumb line. Father, let each and every one of them realize what a great opportunity You have given them to be an example to the world as Your Son, Jesus, has been to us. Let eve… let each and every one of them be a light into the world, as they make legislation that affects our great State of Illinois and could affect our nation and our world. Father, I ask that You guide and direct every single move that they make. I ask it in our 09300111.doc 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Lord, Savior and King, and Your precious Son, Jesus’ name. Amen.”
“And we’ll be led in the Pledge of Allegiance today by Representative Colvin. Representative Colvin on the Pledge of Allegiance.” Colvin – et al: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
Speaker Hannig: “Roll Call for Attendance. Representative Currie.”
“Thank you, Speaker. Please let the record show that Representatives Morrow, Nekritz and Scully are excused today.”
“Representative Bost.”
“Thank you, Mr. Speaker. Let the record reflect that Representative Pankau is excused today.”
“The record will so reflect. Mr. Clerk, take the record. On this question, there are 114 Members answering the Roll Call, a quorum is present. Representative Rose, for what reason do you rise?”
“Thank you, Mr. Speaker and thank you to everyone who participated in Paint the House Orange. Things didn’t turn out the way we wanted but I am not a fair-weather fan. I’m still wearing my orange and blue today. Thank you.”
“On the Order of Third Reading, on page 12, House Bill 3980. Representative Bellock, would you like to 09300111.doc 2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 proceed with that? Third Reading. Excuse me. Representative Gordon, for what reason do you rise?”
“Thank you, Mr. Speaker. I would move to table House Bill 41… no, I’m sorry, excuse me.”
“Representative… Mr. Clerk, read the Bill.”
“House Bill 3980, a Bill for an Act concerning human rights. Third Reading of this House Bill.”
“Representative Bellock.”
“Thank you very much, Mr. Speaker and Members of the House. House Bill 3980 simply expands what’s already in State Statute regarding sexual harassment protections under the Illinois Human Rights Act to include students that are in high school and elementary schools. Right now it just pertains to schools of higher education.”
“The Lady has moved for the passage of House Bill 3980. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted with wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Gordon. Representative Gordon, for what reason do you rise?”
“Yes, Mr. Speaker. I would move to table House Bill 4127.”
“4127, is that correct?”
“Yes, Sir, thank you.” 09300111.doc 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Okay. The Lady moves to table House Bill 4127. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it and the Bill is tabled. Mr. Clerk, would you read House Bill 4840 for Representative Burke.”
“House Bill 4840, a Bill for an Act concerning fire safety. Third Reading of this House Bill.”
“Representative Burke.”
“Thank you, Mr. Speaker. House Bill 4840 would amend the Fire Investigation Act to provide that any portion of the Fire Prevention Fund remain unexpended at the end of the fiscal year that is not needed for the maintenance and expense of the office of the State Fire Marshall or the maintenance and expense of the Illinois Fire Service Institute, shall remain in the Fire Prevention Fund for uses specified in the Bill. I’d be happy to answer any questions.”
“The Gentleman has moved for the passage of House Bill 4840. Is there any discussion? And the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’, 0 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 3954.”
“House Bill 3954, a Bill for an Act concerning civil procedure. Third Reading of this House Bill.” 09300111.doc 4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Representative Hassert.”
“Thank you, Mr. Speaker, Members of the General Assembly. This Bill allows the City of Plainfield two quick-takes for expansion of sewer, water and road extensions. I’d be happy to try and answer any questions.”
“Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Have all voted who wish? Representative Feigenholtz, have you voted? Mr. Clerk, take the record. On this question, there are 69 voting ‘yes’, 43 voting ‘no’, 2 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4851.”
“House Bill 4851, a Bill for an Act in relation to employment. Third Reading of this House Bill.”
“Representative Boland.”
“Thank you, Mr. Speaker. House Bill 4851 tries to help out our problem of attracting and retaining volunteer firefighters. Over 75 percent of the communities in Illinois rely on volunteer firefighters, and so this creates the Volunteer Firefighter Job Protection Act. It provides that no public or private employer may terminate an employee who is a volunteer firefighter because the employee, when acting as a volunteer firefighter is absent from or late to his or her employment in order to respond to an emergency prior to the time the employee is to report 09300111.doc 5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 to his or her place of employment. It does provide that an employee who is terminated in violation of the Act may bring a civil action against his or her employer for reinstatement to the employee’s former position, payment of back wages, reinstatement of fringe benefits and reinstatement of seni… seniority rights. It does…”
“And on that…”
“Well, I might add one… just two other things. We added an Amendment which defined a ‘volunteer firefighter’ and also limited this to fire districts of 3500 population or less.”
“Okay. And on that question, Representative Black is recognized.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, it’s my understanding that the… all of the fire associations are in favor of the Bill. Is that correct?”
“Yes, it is. Yes.”
“All right. Now, let me ask you a question. An employer could still dock a firefighter if he or she doesn’t come to work because they’re tied up on a fire. Your Bill simply says, you know, you can withhold their pay…”
“Right.”
“…you simply cannot fire them without some sort of due process. Correct?” 09300111.doc 6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“That’s absolutely right. Yes, they can be docked for their lost time that they’re at an emergency, but they couldn’t be fired without going through a due process hearing. Yes.”
“Okay, now, there was opposition in committee that was slipped. I don’t think anybody actually testified against the Bill. Is that correct?”
“That is correct. There was initially opposition from the Association of Firefighters, the paid firefighters, but they had mainly a question as to what was defined, how would you define a volunteer firefighter? And then also, they wanted it limited in size, and so I accepted that compromise as did the volunteer firefighters and volunteer fire district chiefs.”
“And the business community, I’m sure have some concerns about it, but evidently they think they can work this out because I’m not aware that they’re working against the Bill with any degree of their normal effi… efficient… efficiency, so, I would assume they think they can work this out.”
“Yes.”
“All right. Representative, let me just follow up one last question. If a… full-time firefighter also volunteers on a fire protection district where they live, and let’s say that they get called out to a house… a structure fire in their fire… in their volunteer fire protection district, and that full-time firefighter is then late to work at his 09300111.doc 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 or her full-time job, does this give them a measure of protection that municipalities may have a problem with?”
“Well, you know, Representative, I don’t know if the Municipal League or anything has any problem with it. We haven’t heard that. You know, I don’t know… I just can’t answer it.”
“All right. Well…”
“I’ve not heard opposition from them.”
“Well, let me ask you this. If… if we get into a problem, now I don’t think there’ll be a problem in Chicago, but in my area, it might be a problem with the full-time staffing requirements of the Danville Fire Department. I don’t know that any of those members, and of course they have a union contract, and I don’t know if any of those members are also members of a fire protection district, but they might be. But, I… but you know that your side of the state and mine, cities are at the… at their minimum staffing requirements for their full-time firefighters right now, and if somebody shows up two hours late to their shift, then… then that truck at that fire station is undermanned to the point where they might not be able to go into a structure because the new rules are, two in two out. And so, if we find that it creates a problem for full-time municipal fire departments, perhaps… would you be willing to… to sit down with the Municipal League, if it comes to that and I don’t know if it will either. But, we may need to work that little potential problem out if… if something should happen.” 09300111.doc 8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Yes, Representative. If… if that develops into something that… that the Municipal League or others see as a problem, then I think we can sit down just as we sat down…”
“Okay.”
“…with the professionals and went through their… their objections.”
“All right. Fine. Thank you very much, Representative.”
Speaker Hannig: “Representative McCarthy. Representative McCarthy, you’re on.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative Boland, I notice on the analysis, and I know how our analysis are sometimes right sometimes wrong, but it says if the Amendment 1, one of the things it did was limit this to municipalities of under 3500 population. Is that correct?”
“Yes. That is correct.”
“Okay. What was… what was the rationale for that? I… I have a… a municipality that I represent and has a population well over 50,000 and that has a volunteer fire department, we think the largest in the state. And seems like these would be good protections for everybody. So could you tell me what the rationale of adding that was?”
“Well, originally of course, I wanted all… all volunteer fire departments covered by this, but the professional firefighters had some problems with it, and to 09300111.doc 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 remove their opposition and to get them onboard and feeling comfortable with this, we agreed to limit it to 3500 and under, population.”
“Did… did they have certain municipalities in mind when they came up… I mean, did they come up with that number or did you come up with that number, 3500?”
“We arrived at that number as a sort of compromise. I mean, I….”
“I mean was the genesis of the Bill… genesis of the Bill, did it start in a municipality where there was a problem that would still be protected under the Bill or…?”
“No, I… I believe that… you know, they just… they just had an objection, they felt it was sort of, I guess you’d say horning in on their territory as to the types of communities they would like to organize and have as… you know, under the paid firefighters.”
“Okay. Well, I… I thank you for your answers and your honesty. I will work with them because I certainly think that all of our volunteer firefighters who are of course, wonderful public servants at no pay, certainly deserve this protection, and I don’t want to go back to my… the town that has the largest percent of my population of my district where it is served by a volunteer fire department and tell ‘em, we passed a Bill to protect other volunteer fire departments but not yours. So, I know everything here is incremental, and so, we’ll do this first step today and we will move forward on the next step tomorrow, as the Speaker often tells us.” 09300111.doc 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Very, very gently.”
“Thank you very much.”
“Representative Bost.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“All right. As a volunteer or a paid-for-call firefighter, I’m concerned about a few things because I’m also a business owner, all right? And… and because of that Mike, I need some an… some clarification here. What it… what… what fail-safes are in place to say, you know, there’s sometimes there’s a lot of false alarms that occur. In our volunteer fire department we want everybody to respond that can.”
“Right.”
“But I also know that there’s somebody that’s sitting on top of a construction job someplace if all a sudden they drop their gear, run off to every fire call that is out there, that’s detrimental to those businesses and actually is a slap in the face to… to the volunteers that are trying to do what is right. What key… what fail-safes are in this Bill to keep somebody from abusing that?”
“Well, number one, you know, they can be docked for lost time at work, but secondly, the… the employer can require written documentation from…”
“Say that again, I’m sorry, I couldn’t hear you.”
“The employer can require written documentation from the employee’s fire department that verifies their participation in this, so they can’t just say, well, I was 09300111.doc 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 out on a fire call and sorry I’m late, you know, but, I mean that won’t go, so the employer could do that. And also, the… the employee has to make a reasonable effort to notify their employer if they are absent or if they think they’re… they’re gonna be absent or late. They would… you know, if they knew ahead of time or something, they could call in and say, you know, I’m probably gonna be late or I may be late, you know, getting to work.”
“All right. Thank you. That… that was the questions I had.”
“Thank you.”
“Representative Reitz.”
“Thank you, Mr. Speaker. I think I know the answer to this, but I’d like to ask the parliamentarian how many votes does this take?” Edwards, S.: “The answer to that Representative is according to Section I of the Constitution, 60 votes would be required.”
Speaker Hannig: “Any further discussion? Representative Schmitz.”
“Thank you, Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“All right. Representative, I’ve been cruising through the Bill here. Does it… does it define actually what a… this may sound silly so bear with me, but what a fire is? Could they leave for an auto accident? Could they leave for… does it have to be a confirmed, working structure fire? Do you get where I’m going?” 09300111.doc 12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Yes, I get where you’re going and I… and I believe that is… that is the case. Yes, it doesn’t… I had requests to include, for example, EMTs and others. We have not done that, although, you know, that might be something we can look at in the… in the future.”
“’Cause as Representative Bost had said a few minutes ago with the… with the paid on call, and I know that this is just for pure volunteer organizations, but, I couldn’t hear to this. If you’re working at a place of employment, your pager goes off, you have to respond to a fire, can you just leave without any recourse with your employer?”
“No, actually, in that case, you could be fired. You have to be out on the emergency fire, and that… and your already being out there is what causes you to be late or to miss work.”
“Okay, so you can’t leave your place of employment. So, if you have a… you’re on a call at 6:00 a.m. and your shift starts at 7:00 a.m. at the factory, and you come in at eight, that would an allowable tardiness?”
“Right, you’re… you’re not covered for that.”
“Okay, and this only deals with… with volunteers. It does not deal with… any of the full-time ranks, any of the paid on call ranks?”
“Right, right, only volunteers.”
“Okay. Thank you.”
“Representative Winters.”
“Thank you, Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.” 09300111.doc 13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Yes, I was… the definition of ‘volunteer firefighter’ in your… to me reads that if you receive any kind of compensation that you would not qualify for this Bill. Is that a correct statement?”
“Yes, that is a correct statement.”
“So, and if there is a volunteer fire department that as a matter of a recruitment bonus, for instance, and offers a one-time payment of $250 to cover the… the hours that a fire volunteer may need to be certified for Firefighter I, would that one-time payment disqualify him as… as a volunteer?”
“My own thinking is, is that it would, but I’m not sure on that.”
“Okay, but the language says if you receive compensation…”
“Right, right.”
“…so it probably would.”
“Right.”
“And similarly, if you have a small… a small rural district that I am served by, they may offer a very nominal fee, but maybe the firefighter’s out there for four hours at a fire and they get a total of $10. Is that compensation, so they would not qualify?”
“That would… yes, that… that would not qualify them.”
“Could you give me some reasoning why you didn’t put in some de minimis, for instance, that a firefighter who receives less than full-time pay or less than a prevailing wage, would be considered a volunteer? Why did you 09300111.doc 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 restrict it so carefully to only those that get absolutely no compensation?”
“This was at the request of the professional firefighters.”
“So, you’re saying…”
“They asked….”
“The unions are writing the legislation?”
“Well, no, I didn’t say that. But, they had some objections and we thought they were reasonable and we thought also that this was a first step. Ther… maybe needed to take in those accounts later on, but this is a first step and so we wanted to get some kind of protection in.”
“Well, I would suggest that as a first step this may be flawed because you’re basically putting a disincentive in there for a volunteer fire department to do any kind of compensation. What you’re gonna do is dry up the supply of volunteer firefighters around the state. Now, if that’s your intent, why don’t you just come out bluntly and say that you want only professional paid vol… paid firefighters? There’s many parts of the state that won’t have any fire service if that’s what you’re trying to do.”
“Well, obviously not. This Bill was brought to me by the volunteer firefighters and their fire chiefs and so the intent was to give them actually some kind of job protection and maybe you’d call it an incentive.”
“Could you repeat who brought this Bill to you?” 09300111.doc 15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“The volunteer firefighters, the Illinois Firefighters Association and the Illinois Fire Chiefs Association, of which the vice-president…”
“I was of the opinion…”
“…lives in my…”
“…the fire chiefs…”
“…area.”
“…were at least not… not fully in support of the Bill.”
“All of them that talked to me are supportive of it. The….”
“Did the fire chiefs file as neutral or in support?”
“We have them as a proponent.”
“Okay. Well, another question I have, you’re limiting this to municipalities. There’s a distinction here where you may have a full-time firefighter, a paid firefighter, who is also volunteering for another di… for another volunteer district. It’s limited to municipalities of less than 3500. Could you give me some rationale or reason why that figure was drawn?”
“Again, this was a compromise figure as I had explained to Representative McCarthy and others that was arrived at between the… the two groups.”
“Well, are there any… the way I understand the Bill and you may correct me on this, but the municipalities… the population figure that you have in there of 3500, that’s for municipalities that have a paid fire department? How many are there around the state? If that… Because that’s a 09300111.doc 16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 pretty small village, 3500 to have a paid staff. Do you know… give me some examples of cities of that size that have a paid fire department or is that a do-nothing provision that basically nobody qualifies for but it looks like nice window dressing?”
“Well, thank you very much, Representative Winters. No, actually, as you know probably, that 800 of the 1200 fire departments across the State of Illinois are volunteer firefighters. This was to reach a compromise between the volunteer firefighters association and the paid… the paid firefighters association, the union.”
“Okay, if I’m trying to understand this Amendment, it provides that the volunteer firefighters would be volunteering for a municipal fire department, a smaller fire department in others words, is what you’re… is that… is that the way it’s written?”
“Would you repeat that? Just a second.”
“I was mistaken, I believe I may have been mistaken that when we’re dealing with the villages of 3500, those are fire departments where a professional fireman or a paid fireman may be volunteering for those smaller villages. I was understanding it as only paid departments in those small villages. So, you’re saying that the restriction there on the municipalities is for a case where a full-time pra… paid fireman is coming in and volunteering for those small villages. Is that the correct understanding of the Bill?”
“You mean, does that cover someone like that or what?” 09300111.doc 17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“The… the restriction you have with the population limit.”
“Here… we have the… incidentally, you asked about the Illinois Fire Chiefs. They’re a proponent and several slips, in fact, were by the fire chiefs. In fact, the person that brought this Bill to me is the vice-president of the association and is the Fire Chief in Colona…”
“Okay.”
“…Illinois.”
“Back to this question of paid firemen working for, you know, a paid department, and then they’re volunteering at a volunteer fire department, is this a way for the… for the major municipality, that fire department, to have a way to punish their firemen who they think work full-time for them for going out and on their off-time, volunteering to fight in their local community?”
“Not at all.”
“So, you’re saying that if a paid firefighter chooses to also in the home community where he lives, to volunteer there and put out a grass fire that may be threatening his subdivision or something in the spring, and he’s late to get… late getting to work, would they be able to dock his pay?”
“Yes, they can dock his pay, they can’t fire him.”
“Okay. Any… does that enter his record as a potential disqualifying or demerit in promotions if he’s occasionally late because he’s volunteering for a volunteer fire department?” 09300111.doc 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“It… it may. You know, I don’t know if it would or not, but I would say it may possibly.”
“Is that different than the way it is today then?”
“Yes. Well, no, actually today, as you know, they can be… they can put things in their record, they can dock ‘em, they can fire ‘em.”
“Okay, so it’s not changing that… that particular provision?”
“Part of it, right.”
“Okay. Thank you, Mr. Speaker.”
“Representative Boland to close.”
“Thank you very much, Mr. Speaker and thank all of the questioners. I think this is a very valuable Bill to try to help us. Eighty percent of the communities in Illinois, 800 of the 1200 actually… a littler over 75 percent of them rely on volunteer firefighters and this gives a… an incentive a way of protecting those volunteer firefighters. As we all know, recruiting and retaining volunteer firefighters has been very, very challenging to many of our smaller communities because of the demand of jobs and families, and so this is one… one thing, one small step that we can take to reward or protect our volunteer firefighters. I would ask for an ‘aye’ vote.”
“The question is, ‘Shall House Bill 4851 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 98 voting ‘yes’, 16 voting ‘no’ 09300111.doc 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Holbrook, for what reason do you rise?”
“For the purpose of a Motion. I’d live to move that we waive the rules on House Bill 5826 and its Amendment that was scheduled for an Environment & Energy Committee at 8:30 on Wednesday and move it up to our Tuesday meeting at 10 a.m. We’ve discussed this with Representative Meyers, the Minority Spokesman. Everyone’s in favor.”
“So, you’re asking to change the meeting time? Is that right, Representative?”
“Not the meeting time, just to move the Bill up to another committee. We’ll be canceling that Environment & Energy Committee on Tuesday then… or on Wednesday.”
“And you’ve… and so you’re asking that we… you’re asking leave that we waive the posting rule?”
“For that one Bill that was scheduled in that committee and its Amendment.”
“And you’ve talked that with the Minority…”
“Yes.”
“…Spokesman…”
“Yes.”
“…and he’s…”
“Yes.”
“…in agreement…”
“Yes.”
“…correct? So, the Gentleman’s asked for leave that we waive the posting rule. Is there any objections? 09300111.doc 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 There being none, then leave is granted, Representative. Just a note… just a brief note, that I’ve been advised that if we can continue working at a reasonable pace for a bit, that we can expect that we can adjourn and have dinner at a nice place later this evening as opposed to here on the House Floor. So, with that, we’ll move forward. Mr. Clerk, would you read House Bill 4180 for Representative Eddy?”
“House Bill 4180, a Bill for an Act concerning state employee group insurance. Third Reading of this House Bill.”
“The Gentleman from Crawford, Representative Eddy.”
“Thank you very much, Mr. Speaker. This Bill was a concern of county hospitals with less than 100 beds. It affects a very small number of county-owned hospitals in the state. And what it would do, is it would allow them to opt in to coverage at CMS in the small group health insurance. I’d appreciate your positive consideration.”
“Is there any discussion? Then the question is, ‘Shall House Bill 4180 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative McCarthy. Okay. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’, and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. 09300111.doc 21 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Clerk, would you read House Bill 4962 for Representative Currie?”
“House Bill 4962, a Bill for an Act concerning surrogacy. Third Reading of this House Bill.”
“Represen… Representative Currie.”
“Thank you, Speaker and Members of the House. The Illinois Supreme Court last year invited us to enact laws that are responsive to the issues that are involved in emerging reproductive technologies. In order, and I quote, ‘to safeguard the interests of children born as a result of these technologies, children who live in the State of Illinois.’ House Bill 4962 is an effort to do just that. It establishes contractual requirements for those who would participate in gestational surrogacy arrangements, making it clear that the intended parents in that situation are the ones who are responsible for the care, nurture, feeding and rearing of the children who then result. I would be happy to answer your questions. The Bill came out of our Judiciary Committee on a 19-0 vote. It is time for us to join the 21st century. Make sure that our children are protected and are cared for.”
Speaker Hannig: “And on that question, the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will yield.”
“Representative, you said it got out of the Judiciary Committee on a 19-0 vote. I… as I recall, anything that 09300111.doc 22 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 comes out of Judiciary Committee on a unanimous vote should go directly to the Governor. I… why do we have to send it to the Senate? I… I think it’s a very good Bill and I commend everyone who has worked on it. I just have one question, and I think it’s very good that we get everything in writing, that everyone has constructive notice. But one of the things we were discussing over here just at the last moment, would this prevent what has happened in the past, and that is, the birth mother at the last moment after… in the hour or two after birth, decides oh, wait a minute, I don’t wanna go through with this. I’m gonna change my mind. Does the surrogate parents then have any extraordinary rights in this case?”
“No, and I think that’s one of the interesting thing about this technology. In a situation where the birth mother, in fact, provided the egg that results in this baby, there’s no way you cannot grant her the opportunity to change her mind at the eleventh hour or within the first 72 hours after birth. But the woman in the gestational surrogacy program is not somebody who has donated the egg, she has no biological connection to the child that results.”
“Okay. So, the Bar Association is for this because I think it plays everything out clearly so that all parties know where they stand. Correct?”
“Exactly. That’s exactly the point.”
“I… I think it makes eminent good sense. I would hope that it eliminates a lot of the legal action and the 09300111.doc 23 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 heartbreak of legal action after the fact. I commend you on your work. I intend to vote ‘aye’.”
“Is there any further discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’, 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 5732. Representative Steve Davis.”
“House Bill 5732, a Bill for an Act in relation to tax increment financing. Third Reading of this House Bill.”
“Representative Davis.” Davis, S.: “Yes, thank you, Speaker and Ladies and Gentlemen of the House. House Bill 5732 is a TIF extension Bill for the City of Effingham. It merely extends the TIF district period from 23 years to 35 years. And with the idea of us getting out here early tonight, and having a nice hot dinner, I would simply ask for an ‘aye’ vote.”
Speaker Hannig: “And on that question, the Gentleman from Crawford, Representative Eddy.”
“Thank you very much, Mr. Speaker. To the Bill.”
“To the Bill.”
“Just want to reiterate the importance of this to the Effingham community and also note that all taxing bodies 09300111.doc 24 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 have filed letters stating that they are in favor of this extension. Thank you.”
“So, now the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Granberg, do you wish to vote? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’, 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4224. Representative Eddy. Okay. Out of the record? Okay, out of the record at the request of the Sponsor. Mr. Clerk, would you read House Bill 4498? Representative Davis.”
“House Bill 4498, a Bill for an Act concerning the municipalities. Third Reading of this House Bill.”
Speaker Hannig: “Representative Davis. You’re up, Representative Davis. Out of the record? Okay. Out of the record. Mr. Clerk, read House Bill 3890. Representative Franks.”
“House Bill 3890, a Bill for an Act concerning local government. Third Reading of this House Bill.”
“Representative Franks.”
“Thank you, Mr. Speaker, Members of the General Assembly. This is a Bill we talked about briefly last Friday before we adjourned. What we did last year is we passed House Bill 528, which allowed local school districts to be able to use developer impact fees for things other than only land acquisition. What this Bill does is 09300111.doc 25 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 identical to the House Bill 528 we passed last year, only it’s for the library districts and allows the libraries to be able to use those developer impact fees. There will be no extra cost to the developers. It would just be another way for the libraries to be able to use their accumulated funds. I’d be glad to answer any questions.”
“The Gentleman moves for the passage of House Bill 3890. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black. Okay. Mr. Clerk, take the record. On this question, there are 102 voting ‘yes’, 11 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4575? Representative Capparelli.”
“House Bill 4575, a Bill for an Act in relation to public employee benefits. Third Reading of this House Bill.”
“Representative Capparelli.”
“Thank you, Mr. Speaker. House Bill 4575 makes several technical changes in the Metropolitan Water Reclamation District Retirement Fund. Many of these changes are to bring the district’s pension fund into parity with other public pension funds. The Bill would result in a minimum fund liability, about $22 thousand. And in general, the actuary opinion was on these financial 09300111.doc 26 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 impact proposed changes are basically a clarification of current law and current practice of fund. There are no state dollars involved in the district fund. They are self-governed and self-funded. I would ask for a favorable Roll Call.”
“And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Tell us a little bit more about this, Representative. You’re saying that this is a… this affects the MWRD pension fund?”
“Yeah, water reclamation pension fund, yes.”
“Who is being put into it, or how are you increasing the benefits in this?”
“This is primary an administrative Bill and it’s paid for by the fund itself.”
“What?”
“It’s an administrative Bill that corrects some of the problems that we’ve had and it’s paid by the fund itself.”
“Such as what kind of problems?”
“Well, want me to go through each one of’em?”
“Yeah, it’d be helpful.”
“All right.”
“And one other thing, before we go into that….”
“No, I’ll read every one for you. I’ll go through each one separately.” 09300111.doc 27 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Would you do me… do just one favor and tell me what the expensive cost to the pensi….”
“$22 thousand.”
“The whole cost….”
“22 thousand.”
“Is that per year?”
“22 thousand, permanent.”
“And what is…”
“It’s funded about 84 percent.”
“…and what is the cost over the life of the… of these annuitants going in, on an average?”
“It’s not a per year cost, that’s a total unfunded liability, $22 thousand.”
“And this only affects the children… well, somebody from 18 years of age to not less than 23 years of age. Is that what you’re saying? It just affects those people?”
“And it could… I understan…”
“Well, let me ask you a different question. Let me ask you a dif….”
“Go ahead.”
“What is… how is their pension system… is this an independent separate pension system?”
“Yeah, the fund… the fund is self…”
“Is the… is the fund just for the MF… for the MWRD? Is it their own pension fund? That’s all there is to it? Just the people that work under that fund?”
“Yes, that’s right. Yes, Sir.” 09300111.doc 28 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“And… and wha… how much is that fund funded at, do you have any idea?”
“About 84 percent.”
“And this is agreeable by the fund managers as well as the…”
“Yes, it has been.”
“…and the employees?”
“Yes, it has.”
“Thank you, Representative.”
“You’re welcome.”
“Is there any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Poe and Brauer. Mr. Clerk, take the record. On this question, there are 88 voting ‘yes’ and 24 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 5215?”
“House Bill 5215, a Bill for an Act concerning schools. Third Reading of this House Bill.”
“The Lady from Will, Representative Kosel.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill would limit to every three years a school board’s or a special education district’s liability to provide transportation counter bids. And this comes out of a situation in my district where a private company has been asked to annually to bid against the school district’s own 09300111.doc 29 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 bus service. The process of this bidding costs over $22 thousand. These are dollars that belong in the classroom. This will still keep the fiscal responsibility… this will still keep the fiscal responsibility with the checks and balances of being counter bid by doing it every three years but will make a significant cost savings to the district. And I would ask for your approval. Thank you.”
“Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting ‘yes’, 2 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4505.”
“House Bill 4505, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“Representative Brosnahan.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4505 creates the Armed Habitual Criminal Statute. This is a very important piece of legislation. This sends a message to felons that being in possession of a firearm will not be tolerated. Under this Bill, a person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses or transfers any firearm after having been convicted a total of two or more times of any of the combination of the following offenses: 09300111.doc 30 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 those are any forceful felonies as defined in the statute, as well as (UUW) by a felon; aggravated unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child; intimidation; aggravated intimidation; gunrunning; home invasion or aggravated battery with a firearm. This changes the current status of the law that presently allows a sentence of probation or 3 to 14 years in prison for multiple violations of (UUWs) by a felon statute. Under this Bill, as I stated, it becomes a Class X which is nonprobational… nonprobationable and I… is subject to 6 to 30 years in the Illinois Department of Corrections. This makes the state penalties for firearm possession by felons more commensurate with the federal penalties. Many of us here have heard of Project Safe Neighborhoods, the federal initiative that proved to be very successful. It’s resulted in taking violent multiple felons off the streets because they have persisted in being in possession of guns. Unfortunately, since federal resources are limited, a many who deserved federal prosecution are prosecuted in state court and under state court the penalties aren’t as severe. When we presented this Bill in committee, there was no opposition. I know of no opposition. I’d be happy to answer any questions and I’d be asking for a favorable Roll Call. Thank you.”
Speaker Hannig: “And on that question, the Gentleman from Vermilion, Representative Black.” 09300111.doc 31 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, it isn’t up to me to determine the constitutionality of this Bill. I’ll leave that to the courts. I intend to vote for the Bill. I think it’s a good Bill. But it looks and sounds very similar to an initiative of about three years ago, and I think we called it the 10, 20, 30 and life Bill. If you… if you had a gun on your possession during the commission of a crime, it was 10 years. If you displayed the firearm, it was 20. If you used the firearm, but didn’t kill anybody, it was 30 years minimum, and if you killed someone in the commission of that crime with a firearm, even though it may be your first offense, I believe then it was a automatic life sentence. I… my memory, which is faulty, but I believe the Illinois Supreme Court found that Bill unconstitutional. And I’m just wondering… well, it doesn’t make any difference. That’s up to them. My guess is they will not look favorably upon it, but I don’t know why they threw out the 10, 20, 30, life Bill either. This Bill seems to make eminent good sense to me that if you’re going to abuse the laws on firearms, then you ought to pay the stiffest penalty possible. And that’s basically what the Bill does.”
“Thank you. That’s exactly what it does and this is patterned after the Federal Statute, it’s not exactly like the Federal Statute. I think in some ways this Bill is 09300111.doc 32 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 even better, but we were very mindful of the Supreme Court possible arguments and I definitely think this will pass the constitutional muster.”
“Yeah.”
“I feel very confident…”
“Well, it…”
“…it will be constitutional.”
“…well it sounds… it sounds very similar to what is often called the Richmond Project and the U.S. Attorney in Virginia decided that he would enforce violations of the Firearm Code to the letter of the law. And no leeway, no excuses. It worked rather well in that jurisdiction, it may work rather well here. Again, I wish there was some way to establish legislative intent for the purposes of any subsequent constitutional argument, but our job is to pass it and the Supreme Court’s job, I’m sure, will be to eventually render a decision. I think it’s a good Bill and I certainly intend to vote ‘aye’. Those who violate firearm laws and regulations in the commission of a crime are extremely dangerous people and they shouldn’t get two or three or four chances before they end up killing someone with a firearm. All right. I’m all for the Bill.”
“Thank you, Representative.”
“The Gentleman from Champaign, Representative Rose.”
“Thank you. To the Bill Mr. Speaker.”
“To the Bill.” 09300111.doc 33 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“This is an excellent piece of legislation. I commend the Sponsor. As a former prosecutor, it always pained me to see individuals coming back to the system time and again having committed gun crimes and clearly they were the problem. And I just want to commend Representative Brosnahan for bringing this forward and doing something that can absolutely get to the root of the gun crime problem in this state and that is the bad guys. Thank you.”
“Is there any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 6846. Representative Hoffman. Okay. Out of the record at the request of the Sponsor. Mr. Clerk, read House Bill 4735. Representative Hamos.”
“House Bill 4735, a Bill for an Act concerning nursing facilities. Third Reading of this House Bill.”
“Representative Hamos.”
“Thank you, Speaker, Ladies and Gentlemen. This is the Nursing Facility Bed Conversion and Modernization Act, which, I believe, at this time has no opposition and has been worked on for quite a few months. As you may remember, last spring there were 30 different senior 09300111.doc 34 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 summits that the Speaker organized around the state and at that time we were told that there are 15 thousand nursing home beds, unused nursing home beds, in Illinois and that to deal with that issue, we should create an incentive for nursing homes to convert some of those beds to different uses. This is a Bill that would be a capital program. I still have to go and find the capital funding source, but this is the design for what a program would look like. The beds would be converted to one of three uses, either to assisted living, Medicaid beds or to number two, from shared bedrooms to single-bed bedrooms, to number three, a portion of the nursing home that could be turned into something like a day program for seniors in a community that does not have day programs. Let me stop with that and see if there are specific questions that you would like me to address.”
Speaker Turner: “Representative Turner in the Chair. The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Will the Sponsor yield.”
“She indicates she will.”
“Representative, I have no… I certainly have no problem with the underlying Bill. Run… run through the process, I have forgotten. If… If a long-term care facility de- designates a long-term care or skilled-nursing care bed, the process to regain that bed if necessary is… I’ll make it multiple choice: easy, hard, impossible.” 09300111.doc 35 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“To convert… to convert that bed, Representative Black…”
“Right.”
“…into… under this Bill?”
“Yes.”
“They would make an application for… to the Department of Public Health who’d administer this program. They would make an application and there are certain things stipulated in the application, certain things are not. They would be created by rule.”
“So…”
“I would think it’s medium hard. Depending on…”
“Okay. I was gonna say because the demographics…”
“…depending on how much money there is.”
“…the demographics of this state are so skewed. There are some areas where it’s really an aging population, and to take advantage of the baby boomers who may need intermediate care or assisted living for 10 or 15 years, but there are areas of the state that are going to be woefully, in my opinion, I can’t back it up with facts, woefully short of skilled-care nursing beds. So, if you do convert, you would be able to go back to a long-term care, skilled bed under administrative rule, correct? Not the easiest thing to do but you would be able to at least make a good faith effort to do that if the situation in that area determined that you needed more long-term care beds than you need assisted living beds.”
“Well, Representative Black, to answer that question I would point to Amendment #2, and on page 3, there is a 09300111.doc 36 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Section… a paragraph, that says that, ‘the Illinois Health Facilities Planning Act would not add inventory to the beds in a community.’ So in other words, the concern here was that if one nursing home reduced the number of beds that another nursing home down the street could increase the number of beds. So, to answer your question, there is a limit placed on that community in this… in this Amendment. So if ten years from now, let’s say, there was a decision made that there would be more nursing beds needed, they would have to go to the Illinois Health Facilities Planning Act. And in the meantime, those beds could be put very good and important uses.”
“All right. With… with the Amendment I assume the Department of Public Aid is still in opposition to the… the underlying Bill as amended?”
“I don’t think they are. I’m not… I haven’t heard that. I’m sorry.”
“Okay.”
“I’ve been working with the Department of Public Aid. That… that particular Amendment that I just… that provision… that I just cited was one of the concerns that they had.”
“Okay. Now, when you read that language, and I’m looking at page 3 on your Amendment #2, line 6, ‘nothing in this Section shall prohibit a nursing facility from moving or transferring a resident as authorized by the Nursing Home Care Act.’ Now, in my rural area, that language may strike fear into a family member’s heart. When you talk 09300111.doc 37 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 about moving or transfer, do you mean within the facility or to another facility if you no longer have the beds to take care of the acute care needs of an elderly resident?”
“Representative Black, what we intended to do with that language is to… is… is to not change existing law. In other words, we wanted to make sure that nothing in this Section or in this Act shall prohibit a nursing facility from doing that as authorized by the Nursing Home Care Act. So, there was a concern by the industry that this was going to somehow change the…”
“Okay.”
“…existing process. This does not.”
“All right. So, it’s your intent and I’m not asking you to specify legislative intent. It’s your understanding that if a bed… if a nursing home or a long-term care facility decides that right now they need 20 assisted living beds, but 15 years from now they need to convert half of those to long-term skilled-care beds. They would be able to do this with a modi… with a modicum of effort. They would not be prohibited from doing that.”
“Well, I think that’s right. That’s… that is what I would say.”
“Okay.”
“But Representative Black, remember that what we’re looking at here is rebalancing the entire long-term care system where we have not put any kind of focus until this year. Is in looking at the number of seniors who would prefer to stay in their homes, the number of seniors who 09300111.doc 38 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 could live in assisted living with less than 24-hour nursing home care and then also, those who do need the 24- hour care. We’re also looking at quality of life issues. So, I would say to you, that if 20 years from now we need more 24-hour nursing home care, I’d like to think of something newer that’s created at that time, truthfully, than nursing home facilities that haven’t been used all those years and are allowed to languish.”
“Okay. Fine. Thank you very much.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative, your original Bill that the Department of Public Aid opposed, they opposed it due to the concern that taking empty beds out of service would decrease the bed tax and the federal match that the department receives for those beds. And additionally, they voiced concern about funding sources for the grants and asked for an Amendment to clarify that such grants will be paid through a bonding program. The way you’ve amended the Bill, does that take care of those concerns?”
“The… the concern that we heard from the Department of Public Aid and what was new to me, is that apparently… I mean, we know that there is a bed tax at a $1.50 on every bed in the State of Illinois, so… per day, a $1.50 per day. So, with this program, it is true that for the 15 thousand nursing home beds, of course, if they will not all be 09300111.doc 39 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 converted, but with the relatively num… few number of nursing home beds that could be converted under this program, we would be losing $1.50 per day. What we were trying to impress upon the Department of Public Aid, is that it really is time to do this kind of rebalancing of the system and what we pick up in… as we lose those beds, what we pick up in these additional services is worth it from a policy point of view.”
“So, your Amendment…”
“And also, the comparative cost. I’m sorry, I forgot to mention. If we fill a nursing home bed at about a hundred dollars a day, that’s very different than if we fill an assisted-living bed for $60 a day. So, the comparative cost, if we fill that bed, would outweigh any of the… the challenges for the state with this.”
“…so, the Amendment to the Bill did not actually change that but DPA, are they still concerned?”
“I’m told that they are neutral on this whole package until they see the final package. They have not indicated to me anything different.”
“And did you amend this Bill to clarify that the grants would be paid through a bonding program?”
“Well, I’m not sure I specified that, Representative Mulligan. It does say, ‘subject to available appropriations’ and at all times, I have been thinking that this is a perfectly appropriate for a gra… a capital program. I’ve already talked to the O&B director about a 09300111.doc 40 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 capital program. The services we pay for out of GRF but the modernization grants should come out of capital.”
“I’m sorry, say… say the first… what would come out of GRF?”
“Services.”
“Services would come out of GRF?”
“Right.”
“But the modernization would come out of a bonding program…”
“Right.”
“…that would be a loan to the facility?”
“It is not specified per se, but that is an appropriate use for a bond program.”
“So, what the state would be doing is they would have to go to Capital Development Board or someone in order to get a loan that would be a bond to put up this new facility or how would they… how would they manage the money? We’re not going to fund…”
“No. My…”
“…the building?”
“…my… my goal would be that working with the state, we would look at available bond… bonds that… bonds that have been issued where we have not yet allocated the capital… for any specific use, and that we would be working with the state to designate some portions and set aside some portion for this program.”
“So, who would they… who do you envision them petitioning to be part of this bonding program?” 09300111.doc 41 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“I’m sorry, would you repeat that, please?”
“Who would… who would oversee them, the petitions for the bonding program?”
“Well, the Health Facilities Finance Authority does finance health-related projects. And again, I think this is subject to available appropriations. This would have to be worked out. The goal today is to see what a program could look like so that we can begin negotiating with OMB to help Finance Authority and any other relevant parties.”
“So, if we move forward with this, if there is no additional bonding money then this does not move forward?”
“There’s no bond money in this Bill per se.”
“All right. What I’m saying to you, though, is do you envision this happening if there is no bonding money?”
“No. I do not envision this happening if there is no bond money.”
“So, it would just be in place for if and when there would be money?”
“That is… that is correct.”
“Thank you.”
“Seeing no further questions, the question is, ‘Shall House Bill 4735 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dunkin. The Clerk shall take the record. On this question, there are 99 voting ‘aye’, 14 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On 09300111.doc 42 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 page 16 of the Calendar we have House Bill 6706. Representative Mathias. Read the Bill, Mr. Clerk.”
“House Bill 6706, a Bill for an Act in relation to aging. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Lake, Representative Mathias.”
“Thank you, Mr. Speaker. House Bill 6706 creates the Family Caregiver Act which is going to be administered by the Department of Aging for the purposes of encouraging family members to provide care for their elderly family members. It requires the department to contract with area agencies on aging and other appropriate agencies to provide family caregiver support services to the extent of available funding. This Bill is identical to House Bill 1196 which was passed on… last year… which actually was passed unanimously but it still remains in the Senate Rules Committee. I urge a ‘aye’ vote.”
“Seeing no further questions, the question is, ‘Shall House Bill 6706 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Osterman. The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 17 of the Calendar we have House Bill 6846. Representative Hoffman. Out of the record. On 09300111.doc 43 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 page 16 of the Calendar we have House Bill 5891. Representative Jefferson. Read the Bill, Mr. Clerk.”
“House Bill 5891, a Bill for an Act concerning professional regulation. Third Reading of this House Bill.”
“The Gentleman from Winnebago, Representative Jefferson.”
“Thank you, Mr. Speaker, Members of the House. House Amendment #1 becomes the Bill, and what it does, amends the Massage Licensing Act to require that any candidate seeking a license shall be fingerprinted to make sure that they aren’t someone that’s been out there that’s been part of a prostitution ring. It just keeps everything legal. And I would ask for approval.”
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“At my age I can’t always remember, Mr. Speaker, but it’ll come to me. Oh yes, will the Sponsor yield?”
“He indicates he will.”
“Representative, is… the Bill as you have it configured now with the Amendments, is this an Agreed Bill?”
“Yes, it is.”
“Let me ask you just one question. I… sometimes I really miss the old days when departments would have liaisons in the back of the chamber and could answer a question, but those days are gone and probably won’t come back. Could you… have you talked to the Department of State Police about this Bill?” 09300111.doc 44 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“No, I haven’t, but they aren’t objecting to it.”
“No, I… I know that they haven’t. I’m just curious. We are… we are requiring more and more and more people to be fingerprinted to drive school buses, to be a massage therapist, you know, God forbid, we’d ever require Legislators to be fingerprinted, but that’s another story. I just wonder how far behind the Department of State Police is in being able to accept fingerprint cards and run a thorough check on them. I know we have an automated system but it seems to me that a few months ago the State Police said that they were falling further and further behind, because we’re requiring so many people to get fingerprinted and have a background check.”
“Well, you know, like I said before, I haven’t heard anything from the State Police, but the good thing about this, is that the persons that are seeking this, massage parlor license, they have to pay for the fingerprinting themselves. So that’s a good thing. It’s not gonna cost the state any money.”
“Okay. Is there a particular reason why we find it necessary to do a total… a fingerprint background check on massage therapists?”
“Well, the thing we want make sure of, Representative, is if we go for a massage we want to make sure that they are a masseuse and not someone that’s off the street that’s pretending to be a masseuse.” 09300111.doc 45 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“So, in other words, there would be certain criminal offenses where you would want to bar someone from being a massage therapist, right?”
“That’s exactly right…”
“Yeah, like…”
“…the last thing we….”
“…like Jeffrey Dahmer might not be the best candidate for a massage therapist in Illinois.”
“Not to me, and he’s dead anyway, I believe.”
“Not for me either. All right. And… and the State Police in committee didn’t express any concern about the number of fingerprint requests they’re getting?”
“None whatsoever.”
“I… Okay. I… I suppose and if… if they don’t say anything they must feel they have the money and staff to do it and once staff finally got through my thick skull why they have to do this. I guess… I never thought of it, but I guess that’s why. There are certain people that you wouldn’t want in the massage therapist business and this will prevent that, so prevention being worth something, I can’t remember that old saw, ‘prevention is worth a… an ounce of prevention is worth a pound of cure’, or whatever that is.”
“There you go.”
“But whatever it is, it’s a good Bill.”
“Thank you, Sir.”
“Seeing no further questions, the question is, ‘Shall House Bill 5891 pass?’ All those in favor should 09300111.doc 46 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? On this question, there are 92 voting ‘aye’, 22… 21 voting ‘no’ and 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 of the Calendar we have House Bill 5095. Representative Meyer. Read the Bill, Mr. Clerk.”
“House Bill 5095, a Bill for an Act concerning environmental protection. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from DuPage, Representative Meyer.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5095 amends the Environmental Protection Act by reducing various environmental fees that are imposed upon business dealing with air pollution, water pollution, hazardous waste disposal, solid waste management, construction of environmental purposes, NPDES waste water and fees associated with the Clean Air Act Program. Provides that all NPDES fees shall be deposited in the Illinois Clean Water Fund and that no money generated within… to fund the NPDES fee shall be transferred into GRF. It creates the Illinois Clean Water Fund. It will generate $48.8 million in annual revenue to the EPA which fully funds the programs that the fees are charged for. The new amounts of the fees imposed will generate $22 million more than businesses paid at the FY03 level, but 09300111.doc 47 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 $35.8 million less than FY04 level of 84.4. I’d appreciate a ‘yes’ vote.”
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker. To the Bill.”
“To the Bill.”
“Thank you very much. Ladies and Gentlemen of the House, I hope you paid particular attention to this Bill. I commend the Sponsor. What… what we… what we did last year was to create a permit fee for the National Pollution Discharge System permits that went far above what was necessary to administer and regulate that program, by more than $20 million. We made these permit fees a general revenue source rather than simply raise the amount of money necessary to regulate these permit holders and to make certain that they were discharging effluent… up to current standards. And I didn’t realize the impact that this had on certain businesses until one of the cities in my district who did… who never paid for their permit, they run a very small sewage treatment plant. Their permit didn’t cost them anything. All of a sudden last year, their permit cost them $5 thousand. They hadn’t budgeted for it, they didn’t have the money to pay it. They had to pass an immediate water bill increase on the residents of their town of about 4 thousand people so they could raise the money to pay the fee. And their attitude was, we’re trying to comply with the law. We’re not violating the law. Why should we have to pay more than is necessary to regulate 09300111.doc 48 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 these permits? Then I got correspondence from a business in the sand and gravel and quarry business. This one corporation in Illinois had 300 permits. The cost to that company based in Illinois was more than one and a half million dollars. Now, I agree with the Governor. These regulatory functions should be self-supporting. But the reason I’m in strong support of this Bill and commend the Sponsor, his Bill does just that. It reduces those fees so that the IEPA will have sufficient dollars to regulate and inspect the permit holders. What it does do, is to eliminate the overcharge that has been very burdensome on small units of government and particularly businesses that have multi-permits in the case of the company that corresponded with me it was a one and a half million dollar cost of doing business. We must be as business friendly as we can. Without jobs, nobody benefits in the state. And I, again, tell you that if you look at this Bill carefully, it does not do away with the fee, it simply makes the fee applicable to the regulatory and inspection costs of those fees. That is a fee that businesses, nonprofits… I have a school in my district that operates a sanitary treatment facility. They don’t mind paying a reasonable amount. They don’t think having to pay over that amount by the tune of 20 some million dollars is fair or justified and that cost simply has to be passed on to the consumers, to those people who are paying water bills in small communities and if a business can, it has to pass on that cost of doing business. This is a good Bill, it doesn’t do away with the 09300111.doc 49 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 fee. It simply makes the fee manageable and able to support the IEPA’s regulatory function. It’s a good Bill. I hope all of you can vote ‘aye’.”
“The Gentleman from McHenry, Representative Franks, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, I’m looking at my analysis and they are talking about House Amendment #1 which is a Committee Amendment. Has that been adopted?”
“Yes, Repres… yes, Representative, that was adopted. It made certain adjustments to bring in line. It actually increased some of the fees that were first purposed, so that brought it into line with what the actual cost was.”
“That’s what I’m trying to find out because when I was… when people came to talk to be about this Bill I was told that all the fees were being reduced. But this shows in Amendment #1 that some fees are actually being increased. Is that correct?”
“Well, it was increased from the underlying Bill, yes, up to a level where it did support what… what we were attempting to do.”
“When we say it increased the underlying Bill, increased more than what they’re actually paying now.”
“No. It… it increased from the original Bill, our… our original Bill which reduced those fees. When we wrote the Bill we used… we used some calculations that brought those fees in too low. 09300111.doc 50 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Oh, I see.”
“So, we’re just increasing them up to where they’re fair and they fully fund.”
“But is it still less than what…”
“Yes.”
“…than what these people were paying in previous years?”
“I think overall on the balance, yes it is.”
“Overall, I’m saying are there any specific line items that are being increased… any fees going up from prior years in this Bill?”
“Well, of course, some of the prior years, some of the fees were zero and of course, last year, they were brought up…”
“I’m talking just comparing just from last year.”
“Last year to… they’re all reduced from last year, yes.”
“Okay, thank you.”
“Yeah.”
Speaker Turner: “The Gentleman from Madison, Representative Hoffman, for what reason do you rise?”
“Yes, will the Sponsor yield?”
“He indicates he will.”
“Yes, basically, I would just like to understand the Bill with regard to how much of a hit on the General Revenue Fund are we going to have as a result of this?”
“Representative, it’s about 35 million less that FY04.” 09300111.doc 51 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“So, what you’re saying is that we will take in, as a result of these changes, 35 million that we would if we made no change?”
“Well, if you did, however, the… the… the fees that you will take in… the fees that you will take in, Representative, will fund the programs that they’re meant to fund.”
“But the bottom….”
“The difference being that you aren’t going to put additional… Okay.”
“No, I understand the Bill. I think I understand the concept. I’m just trying to figure how much of a hit to the state budget are we gonna take and I think the answer was 35 million this year.”
“Yes.”
“And will that be every year then, we will take that same $35 million hit?”
“Yes.”
“So, over the course of 10 years we’ll take a $350 million hit, if you add it all together.”
“Well, I’m not sure what we can project out in 10 years. I think that the cost of running a program has to be reevaluated each year.”
“But generally, I mean, if you were to extrapolate the 35 million over 10 years, it’d be about 350 million. I mean… generally, I understand, I understand, I’m not trying trick you.” 09300111.doc 52 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“You know, I’m not going to get into one that’s gonna cost 10 years out, I just don’t know that.”
“To the Bill, Mr. Speaker.”
“To the Bill.”
“I hate to sound like a broken record. Here’s the problem we have. We have this thing that’s out there, it’s called this deficit and we have a $1.75 billion deficit. Now, we’re gonna add another $35 million to the $1.75 billion deficit. So what’s that give us? A one point… what’s that give us, Mr. Speaker?”
“Not enough.”
“Right. My problem is this. I wish that we could do this all in the context of a budget. I wish we could all sit down as the budgeteers are beginning to meet and we could talk about how we’re gonna have a year-end budget, and number one, is reasonable to people who have to pay these fees, is reasonable to people who have to pay their taxes, is reasonable to people across the board, yet closes a $1.75 billion budget. If you were to be reasonable about this and extrapolate it over 10 years, it’s gonna cost this state about 350 million. Well, we wanna give 400 million this year alone to education. Increase in education to elementary and secondary education. Over the next 10 years we’re gonna lose about that much by getting rid or lowering these fees. I’m not saying the concept’s bad. I’m not arguing with the intent of the Sponsor, I respect the Sponsor. But at the end of the day, we’re gonna have to pass a budget that is reasonable and is balanced and I hope 09300111.doc 53 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 we can do that together. And if we keep passing these Bills over and over and over, where we gonna get the money? We gonna get it from education? Are we gonna get it from Medicaid? Are we gonna get it from public services? Are we gonna get it from pubic assistance? Where are we gonna get the money? That’s my point. That’s my point and I keep saying it over and over. I’m turning into a fiscal conservative in my old age and I just ask for a ‘present’ or a ‘no’ vote.”
“The Lady from Cook, Representative Davis, for what reason do you rise?” Davis, M.: “Will the Sponsor yield?”
“He indicates he will.” Davis, M.: “Representative Meyer, can you tell us why the AFL- CIO is opposed to your Bill?”
“I really don’t know. I can’t recall that they gave testimony in committee and I have not had any communications where they’ve come to me and told me they were.” Davis, M.: “But you do know that they are opposed to your Bill?”
“Well, I see it on my analysis, but again I don’t know the basis of it.” Davis, M.: “Thank you.”
“The Lady from Cook, Representative Mulligan.”
“Thank you, Mr. Speaker. One of the previous speakers was… is trying portray this as part of the deficit. This was originally part of what was offered by the Governor as 09300111.doc 54 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 a solution. There are many of us that do not necessarily agree with some of what the Governor’s solutions are, particularly when it comes to driving business out of Illinois. If you get a little bit money back for this but you then you keep… you keep businesses in Illinois, then it’s really an important thing because if you don’t… if the revenue is down that means businesses aren’t performing and they’re leaving our state. We’ve identified certain areas of the budget that really do not help business stay in Illinois. If there is no business there are no employers. If there are no employers there’s no jobs, that includes union jobs. Corporate income tax is down 164 million from the latest Ec and Fisc Report. If you keep on this course without helping business or identifying areas that where the Governor was over zealous and poor planning in keeping business in Illinois, then we will continue to lose business and we will lose more revenue than this small amount given back to help business stay in Illinois will incur. I would urge an ‘aye’ vote for this Bill. It’s a small portion of an area that we should be looking at and how to keep business in Illinois instead of having them run from this state as fast as they can get out.”
Speaker Turner: “The Gentleman from Fayette, Representative Stephens, for what reason do you rise?”
“You know, when the real Speaker walks out here, sure, that sort of thing happens to me.”
“You get all shook up.” 09300111.doc 55 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“To the Bill, Mr. Speaker. Representative Hoffman, first of all, welcome to the conservative side of the aisle and the fiscal conservatives welcome you, and you’ll be a… you’ll be a great addition. Seriously, I want to… I want to address your remarks because… because you made a good point. You know, I thought last year when we passed these fees that is was… I called it an abomination. I thought it was a really bad, bad thing to do. But you know what, it is done. And you make the point that we’ve got a budget in the process and that we should be working together. And I can’t, in good faith, stand here and try to convince my colleagues that we need to keep the Vandalia Correctional Center open and then tell you that I’m not willing to work with you to not spend more money correcting what I might have thought last year was a wrong. But I’ve got to work within the system of this year’s budget. And so, I want to stand with my friend from Collinsville to let you know that I want to be part of the process and I’m willing to put my vote against this Bill, ever though I oppose the fees. So, I want to work with you, Representative, and I hope that you understand that that’s a sincere gesture. So, I will stand in opposition with you. We might be the only two ‘no’ votes on the Bill. I’m with you, fellow fiscal conservative.”
The Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Thank you, Mr. Speaker. I’m gonna have a little plaque of House Bill 5095, is that the Bill we’re doing 09300111.doc 56 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 right now? 5095. A little plaque because I wanna see how many Republicans vote for this Bill. By the way, you know, I helped get this out of committee, I voted ‘yes’. I committed to the Bill so I’m going to continue to vote ‘yes’, but I wanna point out that I must have heard for the past couple of three weeks that a lot of my colleagues on this side of the aisle had a terrific idea and they disagreed with the Governor. As a case in point, is Representative Joyce had a great idea but it cost 14 million. We must have had 20 speakers on that side of the aisle say, how could you pass a Bill that cost us money? Didn’t you hear your own Governor? So, what I’m just saying is, we’re gonna get House Bill 50… 5095. It is a good idea, and you came up with the reasons why it’s a good idea even though everybody agrees it’s gonna cost the budget $35 million. But if it’s a good idea, it’s a good idea. We’ll see what happens and what the Governor does and what all the budgeteers do at the end of Session as to whether or not this Bill becomes law. But just because it costs money doesn’t mean it’s a bad idea. So, when anybody ever gets up there later on in the Session and rails against us because we have an idea that costs money, I’m just gonna put up my sign, ‘Remember 5095’. So again, I don’t want to belabor this and I’m not gonna talk for the next 20 minutes, but I just want to make a point that this Bill makes sense, you think it makes sense, but there is a price tag. Not every time if the Bill that costs money is 09300111.doc 57 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 it a bad idea. So, even though this costs us money, I’m gonna vote ‘yes’.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Ladies and Gentlemen, to the House. You know the previous speaker is so easy to say that because something is a good idea that it ought not to be voted on because it’s a tax increase. Quite frankly, this is not a tax increase. All we’re doing is saying that the tax repeal was not a good idea. This… that this job… this creates jobs. And that regardless of whether it happens, we have passed tens of millions of dollars of appropriation in the last four weeks on that side of the aisle. Yes, yes, yes, yes, one after another after another. And they stand up and say this is subject to appropriation. Well, Ladies and Gentlemen, this Bill is subject to appropriation. So, let’s see how many votes we get on the other side of the aisle to vote for something that’s a good idea on that side of the aisle, also.”
Speaker Turner: “The Gentleman from DuPage, Representative Meyer to close.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Let me just step back from the issues that have been discussed here for just a second. First of all, this Bill does enjoy good cross-party support and I thank all the Sponsors that I’ve signed a slip for so far from both sides of the aisle. I fully appreciate that support. This Bill is a fair Bill. It pays for the cost of doing 09300111.doc 58 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 business which is what a fee is supposed to be for. It doesn’t charge excessive fees. The business community has come forth with their suggestions on this. They fully support the Bill. They proposed… they help me write it, and I would appreciate a ‘yes’ vote on it. Thank you.”
“The question is, ‘Shall House Bill 5095 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 85 voting ‘aye’, 17 voting ‘no’, 9 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar we have House Bill 4567. Representative Slone. Read the Bill, Mr. Clerk.”
“House Bill 4567, a Bill for an Act concerning environmental protection. Third Reading of this House Bill.”
“The Lady from Peoria, Representative Slone.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This, again, is a Bill that is a trailer Bill to Senate Bill 1379 from last year, which extended the Procurement Code requirement that anyone who had knowingly or willfully violated Illinois law would be banned from having a state contract for five years. The Bill from last year extended that to the Environmental Protection Agency. Today’s legislation is simply a trailer to correct a 09300111.doc 59 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 technical change in the legislation and I would ask for your ‘aye’ votes.”
“The Gentleman from Winnebago, Representative Winters, for what reason do you rise?”
“Mr. Speaker, I’d like to talk on the Bill if the Sponsor’ll yield?”
“She indicates she will.”
“Yes, Representative Slone, we had discussion on this last week and I wanted to clarify…. Let’s… let’s paint a major corporation in the state, Ford Motor Company, Caterpillar, that has an ongoing relationship and… and for instance, Ford sells cars to us. And if one of their employees is disgruntled or for some other reason decides that they’re gonna have a little fun by dumping a barrel of solvents and stands back and either doesn’t say anything or does rat out the company for polluting, what would be the consequences of that? I assume that the company is responsible for their employees. Would that then preclude them from having any state contracts for the five-year term?”
“No, it would not, Representative Winters. The… we did check that hypothetical with the Attorney General’s Environmental Enforcement Division and they assured us that an employee who was doing something like that that was not directed to do that by a supervisor, an officer of the company, was clearly not acting as an agent of the company and the company would not then be punished for the actions of that employee.” 09300111.doc 60 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Well, what if it was an inadvertent spill that went on for years and people were not aware that it was happening, it was not called to the attention of the company? They had no chance to remedy it because they really weren’t aware of it being a problem. We’ve had cases where pollution has not been found for many years until it showed up. How about that case?”
“I… my understanding on that case is if it was not deliberate that would not be the willful and wanton legal standard, and again it would not adversely affect the company’s ability to contract with the state.”
“So, it takes a deliberate action, a positive action by the company to….”
“By the company in its… yes, in its corporate role as opposed to any individual employee acting alone.”
“Thank you, Mr. Speaker.”
“Seeing no further questions, the question is, ‘Shall House Bill 4567 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bailey. The Clerk shall take the record. On this question, there are 86 voting ‘aye’, 25 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. We’re going to the Order of Second Readings, so please be prepared to tell me if you want to move your Bill forward or not. Mr. Clerk, you have a Rules Report.” 09300111.doc 61 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motions were referred, action taken on March 29, 2004, reported the same back with the following recommendations: ‘approved for floor consideration’ Amendment #1 to House Bill 4057; Amendment #2 to House Bill 4283; Amendment #1 to House Bill 4402; Amendment #2 to House Bill 4457; Amendment #2 to House Bill 4475; Amendment #1 and Amendment #3 to House Bill 5075; Amendment #1 to House Bill 6954.”
“On the Order of Second Readings, page 3, we have House Bill 4059. Representative Jakobsson. Read the Bill, Mr. Clerk. Read the Bill.”
“House Bill 4059 has been read a second time, previously. Committee Amendments #1 and 2 were adopted. Floor Amendment #3, offered by Representative Jakobsson, has approved for consideration.”
“Representative Jakobsson on Amendment #3.”
“Thank you. This revises the original provisions of the Bill and it incorporates the language of the Federal Health Insurance Portability and Accountability Act of 1996, HIPAA, because we realize that it’s really important to make sure that when we are talking about disclosure we’re following HIPAA, summary health information by a group health plan, health insurance, issuer or health maintenance organization. I think this Amendment clarifies the Bill and I urge it pass.” 09300111.doc 62 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“The Lady moves for the adoption of Amendment #3 to House Bill 4059. Seeing no further question, the question is, ‘Shall we adopt Amendment #3?’ All those in favor say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it, and Amendment #3 is adopted. Further Amendments?”
“No further Amendments. All notes have been filed.”
“Third Reading. On page 6 of the Calendar, we have Representative Aguilar on House Bill 4790. Read the Bill, Mr. Clerk.”
“House Bill 4790, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 3 of the Calendar, we have Representative Lou Jones on House Bill 4179. Out of the record. On page 11 of the Calendar, we have House Bill 6683, Representative Black. Read the Bill, Mr. Clerk.”
“House Bill 6683, a Bill for an Act concerning alcoholic liquor. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 7 of the Calendar, we have Representative Brauer on House Bill 4960. Read the Bill, Mr. Clerk.”
“House Bill 4960, a Bill for an Act concerning professional regulation. Second Reading of this House 09300111.doc 63 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Daniels on page 11, House Bill 6691. Read the Bill, Mr. Clerk.”
“House Bill 6691, a Bill for an Act concerning municipalities. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 4 of the Calendar we have House Bill 4280. On page 7 of the Calendar we have House Bill 4870. Representative Kelly. Read the Bill, Mr. Clerk.”
“House Bill 4870, a Bill for an Act concerning public aid. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. All notes have been filed.”
“Third Reading. Page 7 of the Calendar we have House Bill 4864. Representative Dunn. Read the Bill, Mr. Clerk. Out of the record. Page 11 of the Calendar we have House Bill 6874. Representative Froehlich. Read the Bill, Mr. Clerk.”
“House Bill 6874, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Page 12 of the Calendar, we have Representative May on House Bill 6983. Read the Bill… out of the record. Page 8 of the Calendar we have House 09300111.doc 64 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Bill 5018 Representative McCarthy. Out of the record. Page 7 of the Calendar we have House Bill 4837. Representative McGuire. Read the Bill, Mr. Clerk.”
“House Bill 4837 has been read a second time, previously.”
“Out of the record. Page 4 of the Calendar we have House Bill 4374. Representative McKeon. Out of the record. Page 10 of the Calendar we have House Bill 5613. Representative Molaro. Read the Bill, Mr. Clerk.”
“House Bill 5613, a Bill for an Act concerning wineries. Thir… Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Page 3 of the Calendar we have House Bill 4167. Read the Bill, Mr. Clerk.”
“House Bill 4167, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Page 10 of the Calendar we have House Bill 5889. Representative Osterman. Read the Bill, Mr. Clerk.”
“House Bill 5889 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Osterman, has been approved for consideration.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 to House Bill 5889 adds a two-year 09300111.doc 65 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 sunset provision to the Bill. It caps the benefit to those individuals that would take the benefit… benefit from the legislation. I’d ask that the Amendment is adopted.”
“The Gentleman moves for the adoption of Floor Amendment #1 to House Bill 5889. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it and Amendment #1 is adopted. Further Amendments?”
“No further Amendments. No notes filed.”
“Third Reading. On page 2 of the Calendar we have House Bill 4057. Representative McAuliffe. Read the Bill, Mr. Clerk.”
“House Bill 4057 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative McAuliffe, has been approved for consideration.”
Speaker Turner: “The Gentleman from Cook, Representative McAuliffe.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 would add an employee of a local education agency and also an employee of a state agency while he or she is engaged in his or her professional duties for that state agency as in regards to asbestos. I’d be happy to answer any questions and ask for the adoption of the Amendment.”
“Seeing no further questions, the question is, ‘Shall Amendment #1 to House Bill 4057 pass?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the 09300111.doc 66 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 opinion of the Chair, the ‘ayes’ have it and Amendment is adopted. Further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Page 5 of the Calendar we have House Bill 4457. Representative Millner. Read the Bill, Mr. Clerk.”
“House Bill 4457, a Bill for an Act concerning vehicles. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Millner, has been approved for consideration.”
Speaker Turner: “The Gentleman from DuPage, Representative Millner.”
“I move to adopt House Bill… House Amendment #2 to House Bill 4457, which becomes the Bill. And this Bill provides for a uniform gross weight limit on all roads for concrete mixers without increasing gross weight.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1(sic-2) to House Bill 4457?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it and Amendment #1(sic-2) is adopted. Further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. On page 4 of the Calendar… Mr. Clerk, could you… on House Bill 4457, the Amendment that we just presented, Representative Millner’s Amendment, what Amendment is that? Amendment number?” 09300111.doc 67 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
Clerk Mahoney: “Floor Amendment #2 was approved by Representative Millner.”
“So, the record should reflect that that was Floor Amendment #2 that we just adopted and approved. Floor Amendment #2 to House Bill 4457. No further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. On page 4 of the Calendar we have House Bill 4402. Representative Sommer. Read the Bill, Mr. Clerk.”
“House Bill 4402, a Bill for an Act concerning hunting. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Sommer, has been approved for consideration.”
“Thank you, Mr. Speaker. Move the adoption of Floor Amendment #1. It addresses requests for details of committee regarding the land ownership.”
“The Gentleman moves for the adoption of Floor Amendment #1 to House Bill 4402. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it and the Amendment #1 is adopted. Further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. On page 7 of the Calendar we have House Bill 4850. Representative… out of the record. Page 11 of the Calendar we have House Bill 6747. Read the Bill, Mr. Clerk.” 09300111.doc 68 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“House Bill 6747, a Bill for an Act concerning financial regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. All notes have been filed.”
“Third Reading. On page 5 of the Calendar we have House Bill 4439. Read the Bill, Mr. Clerk.”
“House Bill 4439, a Bill for an Act in relation to human rights. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Yarbrough, has been approved for consideration.”
“Take the Bill out of the record, Mr. Clerk. On page 2 of the Calendar we have House Bill 4003. Representative Acevedo. Read the Bill, Mr. Clerk.”
“House Bill 4003 has been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Acevedo, has been approved for consideration.”
Speaker Turner: “The Gentleman from Cook, Representative Acevedo on Amendment #2.”
“Excuse me, one…. Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amen… I asked for adoption of House Amendment #2 to House Bill 4003. The Amendment has three phases. The first phase is a technical change that changes the tax number, that individual taxpayer, to identification number and that’s just a technical wording change. The second part provides that the fee of $50 which ends at a three-year sunset be changed 09300111.doc 69 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 to $15, permanent fee. And the last part, Mr. Speaker, was an Amendment added that we help would help the cause of support for the Republican Party that… what it enables… it provides that a person applying for a driver’s license provide the Secretary of State with a digital photo… photograph and the digital fingerprinting.”
“The Gentleman moves for the adoption of a Floor Amendment #2 to House Bill 4003. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it and Amendment #2 is adopted. Further Amendments?”
Clerk Mahoney: “No further Amendments approved for consideration. All notes have been filed.”
Speaker Turner: “Third Reading. The Lady from Kane, Representative Lindner, for what reason do you rise?”
“Thank you, Mr. Speaker. Pursuant to House Rule 60, I would like to table House Bill 4238.”
“The Lady asks leave to have House Bill 4238 tabled. All those in favor say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it and the Bill will be so tabled.” Lindner: And… and pursuant to House Rule 61, I would like to take from the table House Bill 4747 and House Bill 6864.”
“What was the second Bill?”
“Pardon?”
“You said 4747?”
“47… I would like to take from the table House Bill 4747 and House Bill 6864.” 09300111.doc 70 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“We’ll get back to you on that request. We’ll get back to you on that request. Page 4 of the Calendar we have House Bill 4361. Representative Burke. Read the Bill, Mr. Clerk.”
“House Bill 4361, 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 Burke, has been approved for consideration.”
“The Gentleman from Cook, Representative Burke on Amendment #2.”
“Excuse me. Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment number… beg your pardon. Floor Amendment #2 would add language that ensures that loan funds may be used for costs associated with the installation of fire sprinkler systems. As the example, construction costs, design costs, et cetera. Current language may be potentially to be interpreted as only being available for the costs of installing. These are all the attendant expenses that would be included and would remove language that allows affected post-secondary institutions to levy a surcharge on their student fees in order to repay the loan. Public and private post-secondary schools already have the oppur… the authority to increase student fees and do not need legislative authority to do so. Be happy to answer any questions.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?” 09300111.doc 71 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“You’re saying that we’re gonna increase student fees to pay for sprinklers? Is that what you’re saying?”
“Don’t get excited, Representative. We’re simply….”
“I can hardly… I’m jumping up and down.”
“Don’t miss… don’t misinterpret this, now.”
“Well, help me understand.”
“We’re talking about giving some of these institutions the opportunity to levy a surcharge in order to repay the loan.”
“Repay the loan for… putting a sprinkler system in?”
“For the installation… installation of fire sprinklers.
“So, in essence, we’re raising student fees to pay for the installation of a sprinkler system? Isn’t that right? Am I missing something here?”
“There may be… it just gives them the authority to increase. It doesn’t say they’re doing it.”
“Well, some will probably, that’s why you’re putting the Amendment on, because some people do want to do that. I mean, I’m sure they came to you and said that that’s something they wanted. Did somebody….”
“Well, they already have the authority to increase student fees.”
“Yeah, so why do you need this Amendment?”
“Be… excuse me. They cannot raise the fees…”
“So….” 09300111.doc 72 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“…that’s what this language says. We’re taking that out.”
“Does this Amendment take out the fees from the underlying Bill?”
“Here it is. Removes language that allows the affected post-secondary institutions to levy a surcharge on their student fees in order to repay the loan.”
“So, this is for universities for the most part, right?”
“Colleges and universities.”
“What el… what was the other thing besides universities?”
“Colleges and universities.”
“Does this mean…”
“Any institution that provides domitor… dormitory housing for students.”
“Now, is this new or is this anything that’s renovated or they all have to do it regardless?”
“They will all have to do it. So, whether it be new construction, which for the most part they are doing, but we understand that 35 percent of all dormitories in our state have sprinkler systems currently.”
“And so, let’s say we got a dorm that has no sprinkling system, under this legislation we’re telling’em now, you have to put it in at your expense which you now have to pass on to the students.”
“No, no. We are creating a revolving loan fund where these institutions will be able to access those dollars at a very reasonable interest rate. So, we’re giving…” 09300111.doc 73 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“And who’s… who handles this revolving fund? Is it a state?”
“It’s a state.”
“The State of Illinois has it?”
“Exactly.”
“And we’re mandating that every dorm now has to retrofit to put in a sprinkling system.”
“That is correct.”
“And that’s the underlying Bill?”
“That is… Yes, the essence of the Bill is the requirement that these dormitories be sprinklered.”
“Is there anybody opposed to Amendment 2 that you’re award of?”
“Not a single entity.”
“Not a single entity. Thank you, Representative.”
“Seeing no further question, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 4361?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it and Amendment #2 is adopted. Further Amendments?”
“No further Amendments. All notes have been filed.”
“Third Reading. On page 12 of the Calendar we have Representative Colvin on House Bill 6992. Read the Bill, Mr. Clerk.”
“House Bill 699…” 09300111.doc 74 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Out of the record. Out of the record. On page 10 of the Calendar we have House Bill 6577. Representative Feigenholtz. Read the Bill, Mr. Clerk. Out of the record. On page 5 of the Calendar we have House Bill 4436. Representative Flowers. Read the Bill, Mr. Clerk.”
“House Bill 4436, a Bill for an Act concerning hospital workers. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Page 9 of the Calendar we have House Bill 5041. Representative Giles. Read the Bill, Mr. Clerk. Out of the record. Page 11 of the Calendar we have House Bill 6769. Representative Graham. Read the Bill, Mr. Clerk.”
“House Bill 6769, a Bill for an Act concerning health facilities. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions have been filed.”
“Representative Graham, Deborah Graham. Out of the record. Representative Grunloh on House Bill 5076. Read the Bill, Mr. Clerk. Out of the record. Representative Mautino. On page 9 of the Calendar we have House Bill 5075. Read the Bill, Mr. Clerk.”
“House Bill 5075, a Bill for an Act concerning insurance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by 09300111.doc 75 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Representative Mautino, has been approved for consideration.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move adoption of Amendment 1 and this is the verbatim model from the National Association of Insurance Commissioners on the nor… Nonforfeiture Law. And the original Bill itself contained some drafting errors that we needed to correct. This Bill puts it in its final form.”
“The Gentleman moves for the adoption of Floor Amendment 1 to House Bill 5075. All those in favor say ‘aye’; all those opposed vote (sic-say) ‘no’. In the opinion of the Chair is the ‘ayes’ have it and the Amendment is adopted. Further Amendments?”
“Floor Amendment #3, offered by Representative Mautino, has been approved for consideration.”
Speaker Turner: “The Gentleman from Bureau, Representative Mautino.”
“Floor Amendment #3 puts in a three-year sunset date, that’s the way if interest rates change between that time we can reevaluate the Bill, see if we need to adjust it. And I ask for an ‘aye’ vote.”
“The Gentleman moves for the adoption of Floor Amendment #3 to House Bill 5075. All those in favor should vote ‘aye’… should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair the ‘ayes’ have it and the Amendment is adopted. Further Amendments?”
“No further Amendments. All notes have been filed.” 09300111.doc 76 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Third Reading. On page 3 of the Calendar we have House Bill 4099. Representative Hamos. Read the Bill, Mr. Clerk. Out of the record. Representative Hamos on House Bill 4953. Out of the record. Representative Hoffman on House Bill 4283. Read the Bill, Mr. Clerk.”
“House Bill 4283, a Bill for an Act concerning gaming. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hoffman, has been approved for consideration.”
Speaker Turner: “The Gentleman from Madison, Representative Hoffman.”
“Yes. All this does is it amends the Raffle Act to indicate if the sole purpose of the charitable institution who conducts the raffle is to raise funds for a children’s or research hospital, they’re exempted from the payment of federal income taxes. The net proceeds from the raffle must be used to co… or the raffle’s conducted by a charitable institution must be used by the organization for charitable, scientific or educational purposes. Any charitable institution that obtains a license from the Department of Revenue, they can conduct these… these raffles pursuant to this Amendment. I ask for a favorable Roll Call.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.” 09300111.doc 77 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Representative, does this fulfill the commitment that you made to issue… does this fulfill the commitment you made to correct it on… on…”
“Yes.”
“…your Amendment?”
“I… I committed in the committee that I would make sure that the raffle was still subject to review by the Department of Revenue and I indicated that it would be subject to the same review that other state license, like bingos and stuff would be subject to, also.”
“But, it did limit… does yours increase the prize limit for children’s research hospitals?”
“Hold it… I believe that… I apologize. I should’ve withdrawn number one and we wanna two.”
Speaker Turner: “Mr. Clerk, the Gentleman asks leave to withdraw Amendment #1 and let us… are there further Amendments?”
“Floor Amendment #2, offered by Representative Hoffman, has been approved for consideration.”
Speaker Turner: “The Gentleman from Madison, Representative Hoffman.”
“Yes, I apologize, Representative. The only difference between one and two is this limits the license for the raffle and it’s only valid for one year, so every year you would have to come back and get renewed and make sure you renew our license.”
Speaker Turner: “The Gentleman from Cook, Representative Parke.” 09300111.doc 78 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“So, this puts it in the form that you agreed to?”
“Yes, that’s my understanding, yes.”
“Okay. Thank you. I’ll talk about it when you’re on Third Reading. Thank you.”
“The Gentleman moves for the adoption of Floor Amendment #2 to House Bill 4283. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it and the Amendment is adopted. Further Amendments?”
“No further Amendments. All notes have been filed.”
“Third Reading. Page 10 of the Calendar we have House Bill 6648. Representative Hoffman. Read the Bill, Mr. Clerk.”
“House Bill 6648, a Bill for an Act concerning workers’ compensation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. All notes have been filed.”
“Third Reading. On Second Reading we have House Bill 4475. Representative McGuire. Read the Bill, Mr. Clerk.”
“House Bill 4475, a Bill for an Act concerning pubic health. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative McGuire, has been approved for consideration.”
Speaker Turner: “The Gentleman from Will, Representative McGuire.” 09300111.doc 79 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004
“Thank you, Mr. Speaker. Amendment #2 becomes the Bill, and the Amendment actually rewite… rewrites and simplifies the provisions relating to the three new special funds; the Alzheimer’s Disease Center Clinical Fund, the Alzheimer’s Disease Center Expanded Clinical Fund and the Alzheimer’s Disease Independent Clinical Fund. I would ask in the interest of brevity that if there are any questions, if not, I would ask for your ‘aye’ vote. Thank you.”
“The Gentleman moves for the adoption of Floor Amendment #2 to House Bill 4475. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it and Floor Amendment #2 is adopted. Further Amendments?”
“No further Amendments. All notes have been filed.”
Speaker Turner: “Third Reading. The Lady from Kane, Representative Lindner, for what reason do you rise?”
“I’m sorry, someone turned on my button.”
“Representative Lindner moves that we… she’d like to have leave to bring the Bill from the table, House Bill 6864 to the Floor… she’d like to take the Bill from the table.”
“That’s correct.”
“Is there leave? Leave is granted and the Bill will be placed in Rules.”
“Thank you very much.”
“We are… the Chair’s prepared to adjourn. We’d like to remind… like to remind the Members that there’s 09300111.doc 80 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 only four days left to pass your Bills. You should come prepared tomorrow to move your legislation. There’s only four days left, so you… you need to start moving your legislation if you want it passed by Friday. Allowing perfunctory time for the Clerk, Representative Currie now moves that the House stands adjourned until Tuesday, March 30th, at the hour of 11:00 a.m. Tuesday, March 30th at 11:00 a.m. The House now stands adjourned.”
“House Perfunctory Session will now come to order. Referred to the House Committee on Rules, House Resolution 763, offered by Representative Art Turner. Senate Bills-First Reading. Senate Bill 985, offered by Representative Steve Davis, a Bill for an Act in relation to labor relations. Senate Bill 1550, offered by Representative Colvin, a Bill for an Act in relation to education. Senate Bill 2140, offered by Representative May, a Bill for an Act concerning property taxes. Senate Bill 2174, offered by Representative Smith, a Bill for an Act concerning boards and commissions. Senate Bill 2196, offered by Representative Nekritz, a Bill for an Act concerning storm water management. Senate Bill 2205, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2206, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2207, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2208, offered by Representative Madigan, a Bill for an Act in 09300111.doc 81 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 relation to budget implementation. Senate Bill 2209, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2210, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2211, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2212, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2213, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2214, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 2215, offered by Representative Madigan, a Bill for an Act in relation to finance. Senate Bill 2216, offered by Representative Madigan, a Bill for an Act concerning finance. Senate Bill 2217, offered by Representative Madigan, a Bill for an Act in relation to finance. Senate Bill 2218, offered by Representative Madigan, a Bill for an Act regarding finance. Senate Bill 2219, offered by Representative Madigan, a Bill for an Act in relation to finance. Senate Bill 2220, offered by Representative Madigan, a Bill for an Act in relation to economic development. Senate Bill 2221, offered by Representative Madigan, a Bill for an Act concerning economic development. Senate Bill 2222, offered by Representative Madigan, a Bill for an Act in relation to economic development. Senate Bill 2223, offered by Representative Madigan, a Bill for an 09300111.doc 82 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Act in relation to criminal law. Senate Bill 2224, offered by Representative Madigan, a Bill for an Act in relation to criminal law. Senate Bill 2225, offered by Representative Madigan, a Bill for an Act concerning criminal law. Senate Bill 2226, offered by Representative Madigan, a Bill for an Act in relation to criminal law. Senate Bill 2227, offered by Representative Madigan, a Bill for an Act in relation to criminal law. Senate Bill 2231, offered by Representative Madigan, a Bill for an Act in relation to criminal law. Senate Bill 2232, offered by Representative Madigan, a Bill for an Act in relation to criminal law. Senate Bill 2233, offered by Representative Madigan, a Bill for an Act concerning the Legislature. Senate Bill 2234, offered by Representative Madigan, a Bill for an Act in relation to the Legislature. Senate Bill 2235, offered by Representative Madigan, a Bill for an Act in relation to gaming. Senate Bill 2238, offered by Representative Madigan, a Bill for an Act in relation to insurance. Senate Bill 2239, offered by Representative Madigan, a Bill for an Act in relation to insurance. Senate Bill 2240, offered by Representative Madigan, a Bill for an Act in relation to insurance. Senate Bill 2241, offered by Representative Madigan, a Bill for an Act in relation to insurance. Senate Bill 2242, offered by Representative Madigan, a Bill for an Act concerning insurance. Senate Bill 2243, offered by Representative Madigan, a Bill for an Act concerning criminal law. Senate Bill 2244, offered by Representative Madigan, a Bill for an Act in relation to 09300111.doc 83 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 criminal law. Senate Bill 2245, offered by Representative Madigan, a Bill for an Act in relation to criminal law. Senate Bill 2246, offered by Representative Madigan, a Bill for an Act concerning criminal law. Senate Bill 2247, offered by Representative Madigan, a Bill for an Act in relation to property. Senate Bill 2248, offered by Representative Madigan, a Bill for an Act in relation to property. Senate Bill 2255, offered by Representative Madigan, a Bill for an Act concerning public bodies. Senate Bill 2256, offered by Representative Madigan, a Bill for an Act in relation to pubic bodies. Senate Bill 2257, offered by Representative Madigan, a Bill for an Act in relation to public bodies. Senate Bill 2258, offered by Representative Madigan, a Bill for an Act concerning public bodies. Senate Bill 2259, offered by Representative Madigan, a Bill for an Act in relation to public bodies. Senate Bill 2260, offered by Representative Madigan, a Bill for an Act concerning finance. Senate Bill 2261, offered by Representative Madigan, a Bill for an Act concerning finance. Senate Bill 2262, offered by Representative Madigan, a Bill for an Act concerning finance. Senate Bill 2263, offered by Representative Madigan, a Bill for an Act concerning finance. Senate Bill 2264, offered by Representative Madigan, a Bill for an Act concerning finance. Senate Bill 2271, offered by Representative Saviano, a Bill for an Act concerning public access to physical therapists. Senate Bill 2278, offered by Representative William Davis, a Bill for an Act concerning 09300111.doc 84 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 municipalities. Senate Bill 2339, offered by Representative Holbrook, a Bill for an Act concerning insurance. Senate Bill 2381, offered by Representative Howard, a Bill for an Act concerning nursing. Senate Bill 2382, offered by Representative Saviano, a Bill for an Act concerning professional regulation. Senate Bill 2386, offered by Representative Mathias, a Bill for an Act concerning criminal law. Senate Bill 2398, offered by Representative Reitz, a Bill for an Act concerning natural resources. Senate Bill 2401… Senate Bill 2404, offered by Representative Mautino, a Bill for an Act in relation to insurance. Senate Bill 2411, offered by Representative Washington, a Bill for an Act concerning taxes. Senate Bill 2499, offered by Representative Feigenholtz, a Bill for an Act in relation to criminal law. Senate Bill 2503, offered by Representative Boland, a Bill for an Act concerning voting technology. Senate 2526, offered by Representative McCarthy, a Bill for an Act concerning military affairs. Senate Bill 2548, offered by Representative Aguilar, a Bill for an Act concerning notary republics (sic-publics). Senate Bill 2572, offered by Representative Mautino, a Bill for an Act concerning civil immunity. Senate Bill 2578, offered by Representative Froehlich, a Bill for an Act concerning criminal law. Senate Bill 2603, offered by Representative Steve Davis, a Bill for Act concerning telecommunications. Senate Bill 2607, offered by Representative Delgado, a Bill for an Act concerning criminal law. Senate Bill 2617, offered by 09300111.doc 85 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Representative Saviano, a Bill for an Act concerning professional regulation. Senate Bill 2630, offered by Representative Mathias, a Bill for an Act in relation to estates. Senate Bill 2665, offered by Representative Howard, a Bill for an Act concerning employment. Senate Bill 2678, offered by Representative Slone, a Bill for an Act in relation to gaming. Senate Bill 2707, offered by Representative Yarbrough, a Bill for an Act concerning the Office of Banks and Real Estate. Senate Bill 2732, offered by Representative Smith, a Bill for an Act relating to schools. Senate Bill 2768, offered by Representative Joyce, a Bill for an Act concerning health facilities. Senate Bill, 2769, offered by Representative Delgado, a Bill for an Act concerning education. Senate Bill 2807, offered by Representative Sullivan, a Bill for an Act concerning taxes. Senate Bill 2820, offered by Representative Bradley, a Bill for an Act in relation to housing. Senate Bill 2845, offered by Representative McGuire, a Bill for an Act concerning public health. Senate Bill 2858, a Bill for an Act concerning businesses, offered by Representative Rita. Senate Bill 2878, offered by Representative Turner, a Bill for an Act concerning human rights. Senate Bill 2887, offered by Representative Saviano, a Bill for an Act concerning professional regulation. Senate Bill 2919, offered by Representative Osterman, a Bill for an Act in relation to new Americans. Senate Bill 2921, offered by Representative Jones, a Bill for an Act concerning housing. Senate Bill 2933, offered 09300111.doc 86 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 by Representative Lang, a Bill for an Act concerning elections. Senate Bill 2946, offered by Representative Fritchey, a Bill for an Act concerning civil rights. Senate Bill 2962, offered by Representative Fritchey, a Bill for an Act concerning businesses. Senate Bill 2988, offered by Representative Graham, a Bill for an Act in relation to property. Senate Bill 3013, offered by Representative Ryg, a Bill for an Act concerning water safety. Senate Bill 3027, offered by Representative Joe Lyons, a Bill for an Act concerning financial regulation. Senate Bill 3037, offered by Representative Osterman, a Bill for an Act concerning public aid. Senate Bill 3053, offered by Representative Burke, a Bill for an Act in relation to alcoholic liquor. Senate 3069, offered by Representative Joyce, a Bill for an Act concerning carnival ride operators. Senate Bill 3090, offered by Representative Saviano, a Bill for an Act concerning schools. Senate Bill 3107, offered by Representative McCarthy, a Bill for an Act concerning education. Senate Bill 3111, offered by Representative Reitz, a Bill for an Act concerning animals. Senate Bill 3112, offered by Representative Osterman, a Bill for an Act in relation to public health. Senate Bill 3130, offered by Representative Millner, a Bill for an Act concerning criminal law. Senate Bill 3174, offered by Representative Lang, a Bill for an Act concerning civil liabilities. Senate Bill 3186, offered by Representative Flowers, a Bill for an Act concerning human rights. Senate Bill 3192, offered by 09300111.doc 87 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 Representative Madigan, a Bill for an Act in relation to executive agencies. Senate Bill 3193, offered by Representative Madigan, a Bill for an Act in relation to executive agency reorganization. Senate Bill 3194, offered by Representative Madigan, a Bill for an Act in relation to executive agency reorganization. Senate Bill 3195, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 3196, offered by Representative Madigan, a Bill for an Act in relation to budget implementation. Senate Bill 3197, offered by Representative Madigan, a Bill for an Act concerning state fairs. Senate Bill 3198, offered by Representative Madigan, a Bill for an Act concerning finance. Senate Bill 3199, offered by Representative Madigan, a Bill for an Act in relation to state employment. Senate Bill 3200, offered by Representative Madigan, a Bill for an Act in relation to executive agencies. Senate Bill 3201, offered by Representative Madigan, a Bill for an Act in relation to executive agencies. Senate Bill 3202, offered by Representative Madigan, a Bill for an Act concerning bonds. Senate Bill 3203, offered by Representative Madigan, a Bill for an Act concerning bonds. Senate Bill 3204, offered by Representative Madigan, a Bill for an Act concerning bonds. Senate Bill 3208, offered by Representative Turner, a Bill for an Act concerning commissions. Senate Bill 3211, offered by Representative Joyce, a Bill for an Act concerning health. Senate Bill 3219, offered by Representative Hannig, a Bill for an Act to increase the 09300111.doc 88 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/29/2004 availability and facilitate the delivery of venture capital to emerging and expanding enterprises in the State of Illinois. Senate Bill 2579, offered by Representative Flowers, a Bill for Act concerning health facilities. Senate Bill 2710, offered by Representative Joe Lyons, a Bill for an Act concerning financial regulation. Senate Bill 2756, offered by Representative Mendoza, a Bill for Act concerning education. Senate Bill 2880, offered by Representative Hamos, a Bill for an Act concerning aging. Senate Bill 2188, offered by Representative Millner, a Bill for an Act concerning firearms. Senate Bill 2981, a Bill for an Act concerning housing, offered by Representative Miller. Senate Bill 3007, offered by Representative Howard, a Bill for an Act concerning the stealing of criminal records. There being no further business, the House Perfunctory Session will stand adjourned.” 09300111.doc 89