“The hour of 2:00 having arrived, would the Members please be in their seats? Members and guests are asked to refrain from starting their laptops. Turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Father Robert Sherry with the Church of the Holy Apostles in McHenry, Illinois. Father Sherry is the guest of Representative Jack Franks.”
“Let us pray. Oh good and gracious God, we invoke Your presence over and among this Assembly today. In the spirit of the humble of King Solomon, we ask You to give these, Your servants, an understanding heart to serve Your people and to distinguish right from wrong. For none of us is able to govern this fast people of Yours without Your help. So, let us blessed You, Lord, at all times. Your praise shall be ever in our mouths. Let our souls glory in You, oh Lord, so the lowly will hear us and be glad. Let us glorify You, Lord. Let us together extol Your name. We seek You Lord and You answer us and deliver us from all our fears. Let us look to You that we may be radiant with joy and our faces may not blush with shame. When the afflicted person calls out, help us hear them from all their distress, save them. To fear the Lord, you, his holy ones, for nothing is lacking to those who fear God. The great go poor and hungry, but those who seek the Lord want for no good thing. So come elected ones fear the Lord. Which of you desires life and takes to light in prosperous days? Let the Lord lead this Assembly. Amen.” 09300128.doc 1 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“We’ll be led now, today, in the prayer (sic- Pledge) by Representative Berrios.”
“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, are there any excused?”
“Thank you, Speaker. Please let the record show that Representative Hamos is excused today.”
Speaker Hannig: “The record will so reflect. And Representative Bost.”
“Thank you, Mr. Speaker. Let the record reflect the Republicans are all present and ready to do the work of the people.”
“Thank you. Representative Hultgren, for what reason do you rise?”
“Yes, Mr. Speaker. Point of personal privilege.”
“State your point.”
“Just real quickly want to thank all of you. I have been blessed to have a fourth child added to our family on Cinco de Mayo, May 5th. We had a little baby boy born. I think many of you heard that. So, just wanted to let you know everybody’s doing really well. I do have pictures up here. I just want to thank you all for your support, encouragement, prayers. Came down to Springfield here to hopefully get a little sleep this week. But, it’s… we’re really excited about everything going there, feel very 09300128.doc 2 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 fortunate. And I do have pictures at my desk of Koulson Luke is his name, we’ll call him Kole, one of the great industries here in Illinois. And that’s actually spelled Kole. But great little boy and we’re really excited. So, I just wanted to say thank you and it… it is good to be back with you and just wanted to let you… give you that update.”
“Congratulations, Representative. Mr. Clerk… Mr. Clerk, take the record. There are 114 Members answering the Roll Call, a quorum is present. On… on page 13 of the Calendar, on the Order of Senate Bills-Third Reading. Representative John Bradley on Senate Bill 2244. Mr. Clerk… Okay. Out of the record. Representative Saviano on Senate Bill 2252. Representative Saviano.”
"Senate Bill 2252, a Bill for an Act in relation to regulation of professions. Third Reading of this Senate Bill."
“Okay. Mr. Clerk, let’s take that Bill out of the record. You want it. Okay, Mr. Saviano would… would like to move Senate Bill 2252. The Clerk’s read the Bill. So, the Gentleman from Cook, Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 2252, as amended, is a initiative of the Department of Professional Regulation as it applies to design professionals. This was a… a Bill that cleaned up the Act. There is no opposition to the Bill. We previously had another Bill that we passed out of committee that we ran out of time in calling and this is simply a cleanup Bill 09300128.doc 3 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 for the Department of Professional Regulation. And I would ask for your support.”
“The Gentleman has moved for passage of Senate Bill 2252. And on that question, Representative McGuire, the Gentleman from Will.”
“Mr. Speaker, I just wanted to ask, we don’t have copies of the Calendar.”
“Okay. We’re advised, Representative McGuire, that the Pages are passing out the Calendars.”
“Okay. Thank you.”
“So… Is there any further discussion? Then the question is, ‘Shall Senate Bill 2252 pass?’ All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Brady, for what reason do you rise?”
“Point of personal privilege, Mr. Speaker.”
“Yeah, state your point.”
“I’d like to ask my colleagues to join me in a round of applause in welcoming from State Farm Insurance in Bloomington our group of emergency management, mentoring group, which is up in the gallery overseeing us behind here and watching Springfield today. Welcome to Springfield, Ladies and Gentlemen.” 09300128.doc 4 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
Speaker Hannig: “Representative Saviano, would you like to proceed then on Senate Bill 2254? Mr. Clerk, would you read the Bill?”
"Senate Bill 2254, a Bill for an Act concerning professional regulation. Third Reading of this Senate Bill."
Speaker Hannig: “The Gentleman from Cook, Representative Saviano.”
“Thank you… thank you, Mr. Speaker, Members of the House. Senate Bill 2254 is a Bill that we amended for the Illinois Acupuncture Association. It… it removes the necessity of a patient to garner a written referral or for physician or dentist licensed in Illinois to receive treatment from an individual licensed to perform acupuncture. This is an init… initiative of the Illinois Acupuncture Federation. The Illinois State Medical Society is a proponent on this… on this Bill. This Bill is about 2 years in the making. I commend all the parties for working on this. They’ve come a long way and it’s now an agreed Bill and it simply does what it says. And I appreciate your support.”
“The Gentleman has moved for passage of Senate Bill 2254. Is there any discussion? The Gentleman from Jackson, Representative Bost.”
“Will the Sponsor yield?”
“He indicates he'll yield.”
“Representative, was… was this moved over as a shell Bill originally? Do you know that?” 09300128.doc 5 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Yes. It came over as a Emil Jones’ shell Bill and we amended it and sent it back.”
“Okay. That… that’s the reason why there was a split in the vote in the Senate and… Okay. All right. Thank you.”
Speaker Hannig: “Is there any further discussion? The Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker. Would the Sponsor yield?”
“He indicates he'll yield.”
“Representative, our anal… we don’t have any analysis on this. When you said that this does what… what it says it does I’m not sure what it does ‘cause we have no analysis at all. Could you just give us a few ideas of what this might do?”
“Yeah. What it does is it clarifies the referral process from physicians and dentists referring patients to acupuncturists for treatment. And one additional change in there, it… and I’ll read it verbatim, to change the reference in the Act to the National Commission for the Certification of Acupuncturists… acupuncturists have previously made to the Department of Professional Regulations administrative rules. This codifies a change that was made in the administrative rules. And all it did is… what it is, is it’s the certification organ… organization that certifies acupuncturists. We clarified the name.”
“I appreciate that. Are there any fees in here, Representative?”
“No.” 09300128.doc 6 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Okay. Well, thank you for your indulgence. I appreciate it.”
“Thank you.”
Speaker Hannig: “Is there any further discussion? Then Representative Saviano, would you like to close?”
“I would just ask for your favorable vote. Thank you.”
Speaker Hannig: “The question is, ‘Shall Senate Bill 2254 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 110 voting ‘yes’, 5 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read Senate Bill 2367? Representative Coulson.”
"Senate Bill 2367, a Bill for an Act concerning Medicaid. Third Reading of this Bill.”
Speaker Hannig: “Out of the record at the request of the Sponsor. Representative Coulson, how about Senate Bill 2377? Mr. Clerk, would you read that Bill?”
"Senate Bill 2377, a Bill for an Act concerning health care. Third Reading of this Senate Bill."
“Representative Coulson.”
“Thank you, Mr. Speaker. Senate Bill 2377 provides that advanced practice registered nurse who have writ… a written collaborative agreement with a collaborating physician will be able to provide or… and referrals to 09300128.doc 7 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 licensed therapists, occupational therapists, physicians assistant and enable them to write those referrals. This Amendment deletes any references to the Ill… Physical Therapy Act and the AIDS Confidentiality Act. I can answer any questions.”
“The Lady moves for passage of Senate Bill 2377. And on that question, 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 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Fritchey, are you ready on Senate Bill 2517? Third Reading on page 13 of the Calendar. Mr. Clerk, would you read the Bill?”
"Senate Bill 2517, a Bill for an Act concerning accessible electronic information. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Fritchey.”
“Thank you, Speaker. For those Members that were in the Computer Technology Committee, they can appreciate what a truly important piece of legislation this is. Ladies and Gentlemen, some time ago and for many years, we provided a service through the Secretary of State’s Office which allowed visually impaired residents throughout our state to access over a hundred newspapers and periodicals. For many 09300128.doc 8 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 of them it was truly their only access to the news in the outside world. About two years ago the funding for this program, a whopping $40 thousand dollars was cut and the visually impaired community was at risk of losing this connection to the news. Senator Vince DeMuzio was instrumental in extending the program for a year and that year has come up and this program is about to expire. What this simply does is reap… sets back up a fund through the Digital Divide Fund that would pay the approximately $40 thousand dollars a year that would allow the visually impaired community access to everything that’s going on in the world. How this program ever got cut, I don’t know. The least we can do is get it restored. I’d appreciate to ask… to answer any questions.”
“The Gentleman’s move… has moved for passage of Senate Bill 2517. 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? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Okay. Following on to page 14 of the Calendar is Senate Bill 2559. Representative Hassert. Mr. Clerk, read the Bill.”
"Senate Bill 2559, a Bill for an Act concerning business transactions. Third Reading of this Senate Bill.” 09300128.doc 9 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
Speaker Hannig: “The Gentleman from Will, Representative Hassert.”
“Thank you, Mr. Speaker, Members of the General Assembly. Senate Bill 2559 simply amends the Illinois Security Laws and removes certificate of deposits from the definition of security. So, I’d be happy to try to answer any questions.”
“The Gentleman has moved for passage of Senate Bill 2559. 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’, 0 voting ‘no’ and 3 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Turner. Representative Rita. Representative Saviano, the Gentleman prepared on Senate Bill 2887? Representative Saviano, did you wish us to call 2887? Okay. Mr. Clerk, read the Bill.”
"Senate Bill 2887, a Bill for an Act concerning professional regulation. Third Reading of this Senate Bill."
Speaker Hannig: “The Gentleman from Cook, Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 2887 is an initiative of the Illinois Realtors Association. This is a Bill that the association worked in conjunction with the Office of Banks and Real Estate. And 09300128.doc 10 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 what it does is… House Amendment #1 to Senate Bill 2887 amends the Real Estate License Act of 2000 with providing a definition of ‘exclusive brokerage agreement’. And what it does it adds a six-hour broker management continuing ed course to the licensure requirements. This is something that they wanted and OBRE has accommodated their request. And I would ask for your support.”
“The Gentleman has moved for passage of Senate Bill 2887. 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 113… 112 voting ‘yes’, 2 voting ‘no’ and 0 ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status, on page 13 of the Calendar, of Senate Bill 2244?”
"Senate Bill 2244 is on the Order of Third Reading.”
Speaker Hannig: “Return that Bill to the Order of Second Reading at the request of the Sponsor. Representative Ryg are you prepared on Senate Bill 2901? Mr. Clerk, would you read the Bill?”
"Senate Bill 2901, a Bill for an Act concerning business transactions. Third Reading of this Senate Bill."
“The Lady from Lake, Representative Ryg.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2901 changes the uniform disposition of 09300128.doc 11 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 Unclaimed Property Act. Its purpose is to address the growing gift card industry which has grown 20 percent a year since 1996. Now, it is currently estimated that $42 to $45 billion dollars worth of business was done on gift cards in 2003. Along with that increased business there have been a rising number of complaints. Cards expiring without notification, decreasing in value as much $5 per month, if not used in six months and losing its value at… due to hidden fees and activation charges. This Bill simply protects the consumer from fraud and insures that the customer gets what they pay for. It’s an incentive program that if a company’s gift card would be exempt from the Unclaimed Property Act, if they remove all post purchase fees, penalties or expiration date. It must comply with the Unclaimed Property Act if they have fees, penalties or expiration date and they must fully disclose those fees and provide notice on the back of the card. This is an agreed Bill with work being done by the Attorney General’s Office, the Treasurer’s Office, Illinois Public Interest Research Group and the Illinois Retail Merchants Association. Thank you.”
“The Lady has moved for passage of Senate Bill 2901? And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she'll yield."
“Representative, it’s my understanding that when we presented this Bill in Consumer Protection there was 09300128.doc 12 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 concerns by the Illinois Retail Merchants. Have you worked with them to make sure that there’s no problems as far they’re concerned?”
“Yes. They’re neutral on this Bill.”
“And you… So you specifically have worked with them and worked out their problems so that there’s no concern that they have?”
“Yes.”
“Okay. Thank you very much.”
Speaker Hannig: “The… the Lady from Cook, Representative Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she'll yield.”
“Representative, how would your Bill impact giveaways to get onto a riverboat? Where they sometimes forget to click the number of people that goes on when there’s taxes involved?”
“Give… giveaway promotions are exempted from this legislation.”
“I’m sorry, say again.”
“Giveaway promotions are exempt from this legislation.”
“So, if they give them away it would not impact that, that they’ve gone onto the riverboat free of charge and that if… if the riverboat has any taxes to pay on it, this Bill does not impact that at all?”
“Right. Giveaways are exempt.”
“All right. Thank you.” 09300128.doc 13 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
Speaker Hannig: “Is there any further discussion? The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“She indicates she'll yield."
“Representative, try to explain this in just everyday English to me if you can. If I issue a gift card, I’m not a chain store, I’m a boutique store in a small town, does this mean if somebody comes in and buys a gift card from my store I have to keep a record of this forever?”
“It… it offers you the incentive that if you choose to waive any transaction fees or expiration dates, then the card remains valid and you are exempt from the Unclaimed Properties Act. If you wish to have dormancy fees and expiration dates, then you must disclose that those are available or… or will be charged to the car… the value of the card on the card itself and then you are required to comply with the Unclaimed Property Act.”
“In other words, this would prevent a relatively small retail store from having an expiration date on the gift card?”
“No, it would not prevent them. It’s an incentive for them not to so that they are exempt from the Unclaimed Property Act.”
“So what… what… what happens if my small independent store elects not to waive an expiration date on the card?”
“Then you must disclose the conditions. And then you would be subject to the Unclaimed Property Act.” 09300128.doc 14 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Disclose the conditions to whom, the purchaser?”
“Yes. It would have to be displayed on the card itself, either the terms or a 1-800 number that the caller could call, find out the terms and the balance remaining on the card.”
“Don’t you think that’s a rather onerous provision to put in for a store that may have gross sales of a $125 thousand dollars a year and makes a profit of 20 thousand?”
“That’s why the Bill was designed to offer an alternative for the issuers of the card, so that they… they’re… by not having those fees they are exempt from that onerous burden.”
“But surely, you can understand why some smaller stores do not want to make that gift card or gift certificate valid for life. I mean, just… just the mere fact of… of inflation. If… if somebody buys a $150 worth of… of a gift card and they come in, in ten years, now it may be to my advantage because the $150 is probably not worth as much on my shelf as it was ten years ago. But, I… I don’t understand why this Bill is necessary. If… have there been small stores the subject of complaints for doing this or is it mostly aimed at the big chain stores who put administrative fees on their gift cards?”
“The Bill is designed to provide flexibility to accommodate both and it was actually a result of a previous agreement with the Treasurer was reached that… that retailers would indefinitely honor gift certificates. But, when gift cards became the standard for the industry and 09300128.doc 15 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 dormancy and different transaction fees were added, then the Treasurer thought that that nullified the agreement. And so, this legislation is an attempt to offer retailers an option.”
“Well, how… how long would this card be in effect before it becomes in the Unclaimed Property Act?”
“That would be designated in the terms of the agreement.”
“I… well… I’ll… I’ll continue to look at my laptop and if there are anymore questions listen carefully. But again, I… I think this is a… this is a classic example of a Bill that is aimed at large multinational stores that take advantage of consumers, charge administrative fees, do all kinds of things that may not be exactly as they are reported to be, but it impacts the main street merchant. Yes, you told me he or she can opt out. But, they don’t often have time to realize all these rules and regulations and what have you. I… I guess and it always bothers me when you see a problem that maybe a huge multinational corporation has created and it ends up affecting a small, independent, main street merchant. They’re not equipped to do this record-keeping. They aren’t even gonna know about this law until somebody comes into their store and says ah ha, I got ya. And that’s what so often happens, it’s aimed… it catches, in this vast bureaucracy, it catches little fish who aren’t creating any problems. What… why couldn’t you have amended the Bill to add a gross sale component or… or some… something that would let the small, independent, main street merchant just simply not have to 09300128.doc 16 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 participate in restrictive rules, conditions, wherefore, whereas, keeping records, putting on an 800 number, which they don’t have 99 times out of a 100. Why do we have to do that?”
“Representative, your concerns were part of the negotiations with the Illinois Retail Merchants Association and they are a proponent of this legislation. So, I believe they’ve represented those small business owners that you’re concerned about.”
“Well and they… and they may well be in favor of it, and… and I respect your organization a great deal and the people who work for them. But, I also know a lot of small retail merchants who don’t belong to any association. They can’t afford to even belong to the Chamber of Commerce, you know, they… they… they’re open 55, 60 hours a week trying to eke out a living and now we go after the abusers and put them in the same boat. I… I just, I don’t know I… I know you’ve done the best you could with the language. But, we so often penalize the single owner proprietor trying to eke out a living that is more and more difficult every day because of the com… the competition and the predatory pricing that multinational corporations are able to exert on the marketplace. If they’re the ones ripping off consumers, let’s go after them. But, at some point in this process I’d sure like to see us come up with a way to exempt the… the single owner proprietorship, small store in a small community simply trying to make a living and they don’t have time… they… and they won’t get any notice of 09300128.doc 17 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 this until they make a mistake. And I’m sure that in the rulemaking process, all though it isn’t in your Bill, they’ll be fined. They’ll be fined hundreds of dollars. And they’ll come to the state board and say, I didn’t know anything about it. And you know what they’re gonna be told, that’s not our problem, that’s your problem.”
“Representative, the Bill does not provide for any penalties. It offers…”
“I know that, Representative. But, I’ve been here long enough to know that what you pass out of here is a mere shadow of what the law will be after the rulemaking process is initiated. You know, you can pass a Bill in here that says all school buses will be painted lime green but by the time the bureaucrats make the rules, the only thing lime green on it may be the hood ornament. I mean, it’s the rulemaking process that fleshes out the enforceability of… of a simple Bill and this is a relatively simple, straightforward Bill, I’ll give you that. But, God only knows what it’s gonna look like after the rules are made and the Bill is ready for enforcement. And these small businesses don’t even… don’t… they don’t get any publication on these rules. That… that’s… I’ve learned that the hard way in here. The Bill can be simple. The rulemaking process can add penalties, interest, you name it and the rulemaking process can put it in there. I… I realize your Bill doesn’t. But, you know, it’s… I guess it’s just something that over the years I’ve become somewhat sensitive to the issue that we… we go after the 09300128.doc 18 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 giants and we tend to not bother the giants, but squash the small, innocent businessman or woman just trying to make a living in the state. That… that’s all. They’re just trying to make a point.”
“Well, this…”
Speaker Hannig: “Is there any further discussion? Representative Ryg to close.”
“Thank you. This Bill was really designed to protect consumers from undisclosed fees. And it was also supported strongly by the Treasurer and the Attorney General as a way to incentivize small businesses and larger retailers so they have alternatives in issuing gift cards. I would ask for an ‘aye’ vote. Thank you.”
“The Lady has moved for passage of Senate Bill 2901. 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’, 3 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read Senate Bill 3013?”
"Senate Bill 3013, a Bill for an Act concerning water safety. Third Reading of this Senate Bill."
“Representative Ryg. Okay. Out of the record at the request of the Sponsor. Representative Lyons. I’m sorry. Representative Sacia, for what reason do you rise?” 09300128.doc 19 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Thank you, Mr. Speaker. For some reason my vote did not illuminate. Would you see that I voted ‘yes’, please?”
“The record will so reflect and we’ll ask the electrician to take a look at the voting procedure. Representative… there… Representative Moffitt, are you prepared on 3189? Mr. Clerk, would you read the Bill?”
"Senate Bill 3189, a Bill for an Act concerning license plates. Third Reading of this Senate Bill."
Speaker Hannig: “The Gentleman from Knox, Representative Moffitt.”
“Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3189 would provide that the director of the Illinois Emergency Management Agency rather than the Director of the Department of Commerce and Economic Opportunity would make grants from the September 11th fund. We’re just changing who would administer it. There are no opponents. Both DCEO and IEMA are in support of this. This is the fund that was created when we established the 9/11 license plate in the 92nd General Assembly. Be happy to entertain any questions.”
“The Gentleman has moved for passage of Senate Bill 3189. 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… Representative Dugan. Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, 09300128.doc 20 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 is hereby declared passed. Representative Lyons, would you like us to read Senate Bill 3021? Mr. Clerk… Mr. Clerk, would you read Senate Bill 3021, please?”
"Senate Bill 3021, a Bill for an Act concerning financial regulation. Third Reading of this Senate Bill."
Speaker Hannig: “The Gentleman from Cook, Representative Lyons.” Lyons, J.: “Thank you, Speaker, Ladies and Gentlemen of the House. I present Senate Bill 3021 on behalf of the Illinois Credit Union League. The guts of the Bill basically authorizes credit unions to serve persons residing in economically distressed areas of the state as identified by the U.S. Treasury under its community development financial institutions program to be served by the credit unions. It basically brings parity along with federal credit unions and… and it still retains the requirement that a credit union must prepare a written business plan for approval. There’s a couple other minor things allowing guest travel for board meetings and… and a change in CEO to COO… COO to a CEO, an internal change, as well as deletes the for a cause standard and raises it to the higher level of failure of a performance for duties to remove anybody, but… from a committee… member… in front of a credit union board. I’ll be happy to answer any questions for you. Otherwise I’d ask for an ‘aye’ vote.”
“The Gentleman has moved for passage of Senate Bill 3021. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 09300128.doc 21 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 '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 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jakobsson, for what reason do you rise?”
“Thank you, Mr. Speaker, Lady and Gent… Ladies and Gentlemen of the House. I’d like to rise on a point of personal privilege.”
“State your point.”
“I have a group of young ladies in the balcony with us today, up there to my right. They are with their leader Patricia Avery. The Champaign-Urbana Area Project and… Leadership Institute. Please welcome these young people to the House today.”
“Welcome to Springfield. Committee Reports.”
Clerk Mahoney: “Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measure/s and or joint action Motions was/were referred, action taken on Monday, May 17, 2004, reported the same back with the following recommendation/s: 'approved for floor consideration' Amendment #2 to House Resolution 412, Referred to the Order of Second Reading Senate Bill 943 and Senate Bill 1605, Sen… Amendment #1 to Senate Bill 1906, Amendment #2 to Senate Bill 2247, Amendment #1 to Senate Bill 2270, Amendment #1 to Senate Bill 2290, Amendment #1 to Senate Bill 2395, Amendment #2 to Senate Bill 2607, Amendment #1 to Senate Bill 2665, 09300128.doc 22 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 Amendment #2 to Senate Bill 2768, Amendment #2 to Senate Bill 2845, Amendment #2 to Senate Bill 2878, Amendment #1 to Senate Bill 2982, Amendment #1 to Senate Bill 3211; approved for the Order of Concurrence Amendment #1 to House Bill 4705, Amendment #1 to House Bill 4837.”
“Okay. So, you just heard the… the Rules Committee Report. There were a number of Amendments that the Rules Committee approved for consideration on the House Floor. So, now we’re gonna go… we’re going to go down that list and so I would ask Members who have Bills that are ready to be adopted where the Amendments have come out of the Rules Committee to be prepared and we’ll work down the list and adopt the Amendments and move the Bills to Third Reading. Okay. So, the First Amendment that came out of the Rules Committee for consideration is to Senate Bill 1906 for Representative Ricca Slone. Mr. Clerk, would you read the Bill?”
"Senate Bill 1906, a Bill for an Act in relation to executive agencies. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Slone, has been approved for consideration.”
“The Lady from Peoria, Representative Slone.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment takes the Senate Bill and brings it into the same form as a previous House Bill that has passed this chamber. Excuse me, has passed committee and overwhelm… with an 11 to 0 vote. So, I would appreciate 09300128.doc 23 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 your support of having the Amendment pass on this Senate Bill. I’d be happy to answer any questions.”
“And on the Amendment, the Gentleman from Cook, Representative Parke is recognized.”
“Well, I have a… Yes… Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she'll yield."
“Representative, we’re a little concerned about the money. Where is the money gonna come from for this program… for this Amendment?”
“Well, I will tell you, Mr. Parke. The Local Planning Technical Assistance Act, the underlying Act, was passed 2 years ago and today it hasn’t been funded at all. So, we do… we have written, a number of us at both parties and a number of the interest groups, have written to the Governor and we do hope that there will be some… some General Revenue funding available for the underlying Act. This Bill, however, simply adds the creation of a taskforce among the appropriate agencies to try and identify planning funds that they already have in their budgets and re… and report that back to us by the first of the year.”
“Well, can you explain to us why the Illinois Real… Realtors are opposed to your Bill?”
“I’m surprised to hear that the Illinois Realtors are opposed to my Bill. We’ve had extensive discussions with them.”
“How about the City of Chicago? Can you tell us why the City of Chicago is opposed to your Bill?” 09300128.doc 24 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“No.”
“Can you tell us why the Illinois State Chamber of Commerce is opposed to your Bill?”
“The Illinois State Chamber of Commerce has not slipped in opposition to the Bill previously and I’m not familiar with their objections.”
“Well, they’re…”
“I believe in its current form that the realtors are no longer opposed to the Bill.”
“Okay, the Illinois Chamber is opposed and so is the Illinois Municipal League is opposed on this. So, we have an awful lot of groups that are opposed to your Amendment.”
“Again, I’m not familiar with the Illinois Municipal League’s opposition. We have been working with them on the Bill to try and make sure that they’re comfortable with it as it stands.”
“I thought there was an agreement and… on this Bill, not to move this issue to Third until you can reach an agreement with the Bill’s opposition?”
“I’m sorry, Mr. Parke, I had trouble hearing you that time.”
“I said, it is our understanding that this Bill’s not supposed to be moved to Third Reading unless there’s an agreement reached by your… the opposition. Is that still in place or are you going to ignore that?”
“I’m certainly not trying to ignore it. But, it was my understanding that the current form of the Bill was satisfactory to these various interest groups.” 09300128.doc 25 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Well, Ladies and Gentlemen, to the Hou… to the Bill. The Illinois Realtors Association and most of the business associations are opposed to this because it creates a big bureaucracy that we… that I think in some way negates the powers of our municipal governments. And I don’t think that’s what we ought to be doing at a time when things are really tough, to be putting in place another bureaucracy which we don’t have funding for and to set this up in a way that I think is probably not good for your communities. So, I think you better take a good, hard look at Amendment 1 to this Bill. And with this many people on opposition, I was hoping that the Sponsor would have held this until the agreement was worked out. She, for whatever the reason, is moving forward with it. And I would ask this Body to either vote ‘no’ on this Amendment or vote ‘no’ on the Bill when the Bill comes up.”
Speaker Hannig: “The Gentleman from DuPage, Representative Meyer.”
“Thank you, Mr. Sponsor… Mr. Speaker. Would the Sponsor yield?”
“She indicates she'll yield."
“Representative, do you have identical language to this on House Bill… that is 1648 which is held on Second Reading?”
“Yes. This is similar language to that with some additional changes that were requested by the realtors.”
“Now, I’ve been approached by two groups, one City of Chicago and one the Illinois State… Realtors Association 09300128.doc 26 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 that indicate that you had agreed that you would work with them to come up with addenda of… with agreeable language. That language still has not been reached and yet you’re pushing this Floor Amendment going on to the Senate Bill. I’d like to have an explanation for that.”
“Representative Meyer, what I’d like to do is pull the Bill out of the record and let’s see what the nature of the problem is.”
“Thank you.”
“Mr. Speaker, can we please…”
“Okay.”
“…take the Bill out of the record, please?”
Speaker Hannig: “Out of the record at the request of the Sponsor. On… going down the list now, Senate Bill 2247. Is Representative Dunkin in the chamber? Okay. Then we’ll take that Bill out of the record. Senate Bill 2270, Representative Mendoza. Mr. Clerk, would you read the Bill?”
"Senate Bill 2270 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Mendoza, has been approved for consideration.”
“Representative Mendoza.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Floor Amendment #1 simply adds the language ‘subject to appropriation’. I would ask for approval of the Amendment.” 09300128.doc 27 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Is there any discussion? All in favor of the… Excuse me, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I know that we have a lot of good ideas that we want to present on behalf of our constituents and on behalf of the people of Illinois, but to say a Bill is subject to appropriation begs the issue. At a time when we barely have enough money to pay for current budgeted items and we have a significant amount of new agenda items for new spending by the Governor’s Office, I don’t think this is the time for us to be putting up Bills that are subject to appropriation. I just want to remind you that the Governor will have to veto a lot of these issues if you continue to put ‘em on his desk because he’s committed to the people of Illinois not to expand Illinois government. And if that’s the case, then these kinds of legislation as well intended as they are, tend to again exacerbate the problem we have with our State Government. So, I’ve asked the Body to seriously consider how many Bills that we send to the Governor when we don’t have any money to pay for ‘em. Thank you.”
“Is there any further discussion? Then all in favor of the Amendment say ‘aye’; opposed… Excuse me, the Gentleman from Vermilion, Representative Black.”
“Thank you, Mr. Speaker. You have your elbow on my light again.”
“I’m sorry, Representative.” 09300128.doc 28 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“That’s all right. Representative, following up on what my seatmate was questioning or his line of questioning. Do you have any idea what the appropriation might be to implement this?”
“Yes. It would be approximately $150 thousand to $250 thousand dollars.”
“Oh, $150 thousand dollars. Okay. I wonder if we should take some of these subject to appropriation Bills and just hold them because right now we don’t have any budget. Why don’t we just pass a budget Bill that’s subject to appropriation?”
“I think you’re a wise man. But, in terms of this Bill we’re just looking at Senate Bill 2270, which is subject…”
“All right.”
“…to appropriation of $150 thousand dollars.”
“Well, I… I thank you for your kind words. I’ve been called…”
“Thank you, Representative.”
“…many things. I… I appreciate being called a wise man. I’ve been called wise, but not always man after it. But thank you very much.”
“Very wise.”
“Any further discussion on the Amendment? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?” 09300128.doc 29 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
Clerk Mahoney: "No further Amendments. A note has been requested on House Amendment #1.”
“Representative, did you hear the Clerk say there’s been a request for the note? There’s been a note request, so the Bill will stay on the Order of Second Reading. Mr. Clerk, what is the status of Senate Bill 2290?”
"Senate Bill 2290 is on the Order of Third Reading.”
“Okay. Return that to the Order of Second Reading for the purposes of tabling a Motion. Now, Mr. Clerk, are there… would you… are there any Motions?”
"Senate Bill 2290 has been read a second time, previously. A Motion to Table has… has been approved for consideration.”
“Representative Lyons. On the… on the Motion.” Lyons, J: “Thank you, Speaker. I wish to table Amendment #1 to Senate Bill 2290.”
“All in… is there any discussion? Then all in favor of the Gentleman’s Motion to Table say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment… and the Motion is adopted and the Amendment is tabled. Any further Amendments?”
"No further Amendments. No notes filed.”
“Third Reading. Representative Eddy, on Senate Bill 2395. Mr. Clerk, would you read the Bill?”
"Senate Bill 2395 has been a read a second time, previously. No Committee Amendments. Floor Amendment #1, 09300128.doc 30 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 offered by Representative Eddy, has been approved for consideration.”
“Representative Eddy.”
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. The… this Amendment would change a couple of items. One in the School Code and one in the licensure law. The purpose is to establish an alternate path to certification to allow highly qualified speech-language pathologist to provide services in our public schools. Currently, the School Code allows issuance of a type 73 school service personnel certificate with a speech-language endorsement to certain individuals. This Amendment would allow issuance of this type 73 certificate to an individual who meets the regular requirements, but also does a 150 hour of supervised experience and internship under a licensed speech-language pathologist. I would simply ask for a favorable vote. And I’m ready for any questions.”
“The Gentleman has moved for the adoption of Floor Amendment #1. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Delgado, we’re going to call Senate Bill 2607. Mr. Clerk, read the Bill.”
"Senate Bill 2607 has been read a second time, previously. Amendment #1 was adopted in committee. Floor 09300128.doc 31 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 Amendment #2, offered by Representative Delgado, has been approved for consideration.”
Speaker Hannig: “The Gentleman from Cook, Representative Delgado.”
“Thank you, Mr. Speaker and Members of the House. Amendment #2 to Hou… to Senate Bill 2607. This technical Amendment was requested by the Illinois Criminal Justice Information Authority and the Illinois State Police. The Amendment changes the definition of ‘school’ to make it consistent with the rest of the Illinois Sex Offender Registration Act. It makes no substantive changes to the intent or affect of the Bill. And I would ask for your approval.”
“The Gentleman has moved for the adoption of Floor Amendment #2. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
Speaker Hannig: “Third Reading. Representative Howard. Representative Howard in the chamber? Okay. I’ll move on down the list to Representative Joyce. Mr. Clerk, what is the status of this Bill? 2768, Senate Bill 2768. 2768, Mr. Clerk.”
"Senate Bill 2768 is on the Order of Second Reading. A Bill for an Act concerning health facilities. No Committee Amendments. Floor Amendment #2, offered by Representative Joyce, has been approved for consideration.” 09300128.doc 32 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Representative Joyce.”
“Thank you, Mr. Speaker and Ladies and Gentlemen… Ladies and Gentlemen of the House. Amendment #2 to Senate Bill 2768 is cleanup language on the Assisted Living Act as offered by the AARP. It… it clarifies the intent to the statute to issue a probationary license to any applicant who has not previously been licensed under the Act if the establishment was not in operation. Be happy to answer any questions.”
“The Gentleman has moved for the adoption of Floor Amendment #2. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, would you read Senate Bill 2845?”
"Senate Bill 2845 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative McGuire, has been approved for consideration.”
“Representative McGuire.”
“Thank you, Mr. Speaker. I’d like to adopt the Amendment and move the Bill to Third Reading. Thank you.”
“The Gentleman has moved for the adoption of Floor Amendment #2. Is there any discussion? All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. Any further Amendments?” 09300128.doc 33 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
"No further Amendments. No Motions filed.”
“Third Reading. And Mr. Clerk, let’s return to Senate Bill 2665.”
"Senate Bill 2665 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Howard, has been approved for consideration.”
“On the Amendment, Representative Howard.”
“Thank you, Mr. Speaker. House Amendment #1 becomes the Bill. It’s an agreed Amendment between business and labor. This Amendment significantly changes the structure of the language of the Bill. It is primarily consistent in intent to the underlying Bill, however. The primary intent of this Amendment is to make the state language consistent with the federal WARN Act in both intent and language. Then there’s some ways, though, that it does differ. The amended language applies to smaller employers, 75 employees as opposed to 500 employees. This Amendment clarifies that an employer would not be liable for both state and federal penalties for a single violation. The amended Bill would provide for the director of Labor to have broad powers in the enforcement of the this Act, including rulemaking, investigation and enforcement. And lastly, the Amendment would make it… the Bill would, as amended, has administrative and clarifying differences from the federal Bill.”
“So, the Lady has moved for the adoption of Floor Amendment #1. Is there any discussion? The Lady 09300128.doc 34 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 from Lake, Representative May. Okay. The Lady does not wish to speak. Is there any discussion? Then all in favor of the Amendment say ‘aye’… Excuse me, the Lady from Cook, Representative Mul… Okay. All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read Senate Bill 2982 for Representative Fritchey.”
"Senate Bill 2982, a Bill for an Act concerning limited partnerships. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Fritchey, has been approved for consideration.”
Speaker Hannig: “The Gentleman from Cook, Representative Fritchey.”
“Thank you, Speaker and colleagues. Floor Amendment 1 is a technical change to the Uniform Limited Partnership Act. Was well discussed in committee. There’s no known opposition. I’d be happy to answer any questions.”
“The Gentleman has moved for the adoption of Floor Amendment #1. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative May, for what reason do you rise?” 09300128.doc 35 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Yes, Mr. Speaker. Point of personal privilege.”
“State your point.”
“I’d like to wel… welcome to Springfield, Adam Schafer, from the National Caucus of Environmental Legislators. He’s behind me in the gallery. If you would wave, Adam. Adam from Washington, DC. The National Caucus of Environmental Legislators is a wealth of information on air quality, water quality, energy efficiency, buildings and all. And we are having a breakfast. Adam is hosting a breakfast in the Rathskellar tomorrow morning between 8:00 a.m. and 9:00 a.m. And I hope you’ll be able to stop by and we can talk about environmental issues and how we can work together. Thank you.”
“And welcome to Springfield. Thank you. Mr. Clerk, would you read Senate Bill 3211?”
"Senate… Senate Bill 3211, a Bill for an Act concerning health. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Joyce, has been approved for consideration.”
“Representative Joyce.”
“Thank you, Mr. Speakers… Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #1 removes the requirement as I committed in… to the Members of the committee for insurance companies to pick up lactation consultant fees. That’s all it does and leaves the rest of the Bill alone. Happy to answer any questions.”
“The Gentleman has moved for the adoption of Floor Amendment #1. Is there any discussion? Then all in 09300128.doc 36 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 favor of the Motion to adopt say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. On page 25 of the Calendar, under the Order of Concurrence, is House Bill 3088. Representative McCarthy.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur in Senate Amendment #1 to House Bill 3088.”
Speaker Hannig: “This would be final passage. So, the Gentleman has moved that the House concur in Senate Amendment #1 to House Bill 3088. And on that question, is there any discussion? The Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he'll yield.”
“Kevin, what changes have been made that we have a Concurrence Motion on now?”
“We sent this Bill over to the Senate as a shell Bill. Senate Amendment #1 basically reinstated the original Bill which amends the Private Business and Vocational Schools Act. It basically eliminates those schools who have more than half of their students are enrolled in a bachelor degree program from being triple reviewed both by whatever the national accrediting agency is, the State Board of Education and also the Board of Higher Ed. This will make it so that if their with… more 09300128.doc 37 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 than half their students are in a bachelor degree program, they will now be reviewed by the Board of Higher Ed and the appropriate national accrediting agency.”
“You mean, you’re actually gonna streamline government and do something sensible? Is that what this Bill does?”
“I believe that’s true.”
“Well, then, sounds good to me. Thank you.”
“Thank you, Mr. Franks.”
“Is there any further discussion? Then the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 3088?’ All in favor vote 'aye'; opposed 'nay'. The voting is open. This is final passage. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the question. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And the House does concur in Senate Amendment #1 to House Bill 3088. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Osterman, for what reason do you rise?”
“Thank you, Mr. Speaker. Just for the record, it was my intention to vote ‘yes’ on that last Bill.”
“The record will reflect your intentions. On page 27 of the Calendar is House Bill 4705, on the Order of Concurrence… Excuse me. Representative Berrios, for what reason do you rise?”
“Thank you, Mr. Speaker. Point of personal privilege.” 09300128.doc 38 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“State your point.”
“Last Thursday was Representative Mendoza’s birthday and today we brought a delicious cake to celebrate her birthday. So, everyone can come down and have cake. Thank you.”
Speaker Hannig: “Well, happy birthday. And Representative Lyons is now recognized on House Bill 4705, on the Motion to Concur.” Lyons, E.: “Thank you, Mr. Speaker. I move to concur with Senate Amendment #1 which is a technical change. And would ask for your support.”
“The Lady has moved that the House concur in Senate Amendment #1 to House Bill 4705. This is final action. Is there any discussion? Then the question is, ‘Shall the House concur in Senate Amendment #1?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And the House does concur in Senate Amendment #1 to House Bill 4705. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative McGuire, would you like to concur on House Bill 4837? Mr. McGuire.”
“I’d like to concur on, I believe, it’s Senate Amendment #1 on House Bill 4837. Thank you very much.”
“Would… would you like to explain the Bill… the Amendment to the Members, Representative?” 09300128.doc 39 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“I don’t have it in front of me. Could you take that out of the record for a moment, Sir?”
“Okay. We’ll get back to it in just a few minutes, Representative, once you look it up. Representative McGuire, are you ready on…”
“Yes. I do have the…”
“…on the concurrence?”
“…I do have the Amendment.”
“Okay. Then proceed.”
“Excuse me.”
“Proceed.”
“Senate Amendment #2 is by Senator Forby. And it clarifies that these new demonstration projects can occur only in facilities that hold an unrevoked, unsuspended and unexpired license under the Assisted Living and Shared Housing Act. This clarification was proposed by the Department of Public Aid and agreed to by the Department on Aging. That is the sum and substance of the Amendment.”
“Okay. The Gentleman has moved that the House concur in Senate Amendment #1 to House Bill 4837. This is final action. Is there any discussion? Then the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 4837?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And the House does concur in Senate Amendment #1 to House Bill 4837. And this Bill, having received a 09300128.doc 40 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 3013?”
"Senate Bill 3013 is on the Order of Third Reading.”
Speaker Hannig: “Return that Bill to the Order of Second Reading at the request of the Sponsor. Representative Currie, the Majority Leader, is recognized for a Motion.”
“Thank you, Speaker and Members of the House. I move that we suspend the posting requirements so that Senate Bill 1648 can be heard in State Government Administration, Senate Bill 2299 in Registration & Regulation, Senate Bill 2496 in Judiciary-I, Senate Bill 2908 in Financial Institutions and Senate Bill 2961 in State Government.”
Speaker Hannig: “The Lady has moved that the posting requirements be waived for those Bills. Is there any discussion? Then all in favor of the Lady’s Motion say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. And the posting requirement is waived. On page 15 of the Calendar, on the Order of Third Readings, is Senate Bill 3207. Representative McKeon. Mr. Clerk, would you read the Bill?”
"Senate Bill 3207, a Bill for an Act concerning the Attorney General. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative McKeon.”
“Thank you, Mr. Speaker. Senate Bill 3207 is an initiative of the Attorney General. What it does is amend the Asbestos Abatement Authority Act by renaming the 09300128.doc 41 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 Asbestos Litigation Division within the Attorney Generals Office. What it would do then is change that name to the Environmental Enforcement Asbestos Litigation Division. Now, what this would allow the Attorney General to do is to utilize funds from the Asbestos Abatement Fund currently available for the Attorney General’s Asbestos Litigation Division as well as the new part for costs associated with the Capitol Development Board’s asbestos surveys and asbestos abatement. Would also allow the Attorney General to utilize money from the fund for environmental litigation as well as asbestos abatement cases. Provides that any asbestos abatement cost recovered by the division including any award damages, penalties and attorney fees shall be deposited in the fund. I know of no controversy around this Bill and urge your support on its passage.”
“The Gentleman has moved for passage of Senate Bill 3207. Is there any discussion? Then the question is, ‘Shall Senate Bill 3207 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed.”
"Approved to the House Committee on Rules the following measures: House Resolution 922, offered by Representative Rose. House Resolution 923, offered by Representative Sacia. House Resolution 924, offered by 09300128.doc 42 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 Representative Osterman. House Resolution 927, offered by Representative Parke. House Resolution 928, offered by Representative Krause. House Resolution 929, offered by Representative Flider. House Resolution 930, offered by Representative Flowers. House Resolution 931, offered by Representative Flowers. House Resolution 933, offered by Representative Flowers. House Resolution 934, offered by Representative Flowers. House Resolution 937, offered by Representative Grunloh. And House Joint Resolution 86, offered by Representative Washington.”
“Representative Wyvetter Younge, would you like to do House Resolution 412? Mr. Clerk, is there any Amendments?”
"Floor Amendment #2 to House Resolution 412 has been approved for consideration, offered by Representative Younge.”
“On the Amendment, Representative Younge.”
“Yes. Take it out of the record.”
“Okay. Out of the record. Mr. Clerk, would you read the Agreed Resolutions.”
"On the Order of Agreed Resolutions: House Resolution 925, offered by Representative Joyce. House Resolution 926, offered by Representative Joyce. House Resolution 932, offered by Representative Daniels. House Resolution 935, offered by Representative Dunn. House Resolution 936, offered by Representative Kosel. House Resolution 938, offered by Representative McCarthy. House Resolution 939, offered by Representative McCarthy. House 09300128.doc 43 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 Resolution 940, offered by Representative McCarthy. And House Resolution 941, offered by Representative Tenhouse.”
“Representative Currie moves for the adoption of the Agreed Resolutions. Is there any discussion? All in favor say 'aye'; opposed 'nay'. The ‘ayes’ have it. And the Agreed Resolutions are adopted. Representative Young, for what reason do you rise?”
“I… I think we’re ready with 412.”
Speaker Hannig: “Okay. Mr. Clerk, let’s return to House Resolution 412 on 4… page 30, excuse me. And I believe there’s an Amendment that’s pending? Is that correct, Mr. Clerk?”
"Amendment #2, offered by Representative Younge, has been offered for House Resolution 412.”
“Representative Younge on the Amendment.”
“Amendment #2 would increase the taskforce from five to six Members.”
“The Lady has moved for the adoption of Floor Amendment #2. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
Speaker Hannig: “Okay. So, now, Representative Younge is recognized to debate the adoption of House Resolution 412. Representative Younge.”
“This Resolution would create the House taskforce on the right to the homeless persons and… and the taskforce 09300128.doc 44 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004 would be six people, three appointed by the Speaker and three appointed by the Minority Leader. And the taskforce would study ways in which the Department of Public Health would monitor and enforce rights established by… in the Resolution. I move for the passage.”
“Okay. So, the Lady has moved that we adopt House Resolution 412. All… Is there any discussion? Then all in favor of the Resolution vote 'aye'; opposed 'nay'… Excuse me, all in favor vote ‘aye’. Mr. Clerk, let’s have a Roll Call vote on… on… So the question is, ‘Shall House Resolution 412 be adopted?’ All in favor vote ‘aye’; opposed ‘nay’. The voting open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And the Resolution is adopted. Representative Currie is recognized.”
“Thank you, Speaker and Members of the House. I want to remind the Members of the House Elementary & Secondary Education Committee that we will be meeting immediately after Session in Room 114. And there are… there’s at least one very important item on the agenda. I hope everyone will be there. And I hope, particularly, that everybody will be prompt.”
Speaker Hannig: “So, I hope that everyone has had an opportunity to review the committee schedule for tomorrow. Are there any questions or any announcements? Okay. Representative Bassi, for what reason do you rise?”
“A question of the Chair please, Mr. Speaker. Do you…” 09300128.doc 45 STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 5/17/2004
“Yes. State your… ask your question.”
“Elementary & Secondary Education are scheduled at 3:30 and then again at 4:30, but in two separate rooms.”
“I think Representative Currie has the answer to that.”
“The… the legislation that will be considered today, will be considered at the 3:30 meeting in Room 114.”
“And… but then do we move to Room 115 for the subject matter?”
“I think… I think actually it’s more of a discussion than it is a committee presentation. Any Member of the Education Committee who’s interested in how you’d get certified as a teacher is welcome to come to that meeting in 115 at 4:30.”
“Okay. Thank you.”
“Okay. Now does everyone have the… the blue sheets, the handouts? Representative Boland needs a… Okay, I see the Pages coming by. Okay, are there any announcements? Okay, so, the Chair would ask that you take a few minutes, review the committee schedule. Okay. And so now Representative Currie moves, that allowing for perfunctory time, that the House stand adjourned until tomorrow at the hour of 11:00 a.m. All in favor of the Motion say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the House stands adjourned until Tuesday, May 18th at the hour of 11:00 a.m.” 09300128.doc 46