Illinois House Floor Debate — May 25, 2004

“The hour of 1:00 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, pagers and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Pastor Don Panky with the Mattoon Christian Church in Mattoon, Illinois. Pastor Panky is the guest of Representative Rose.”

“And Representative Grunloh, would you lead us in the Pledge of Allegiance?” 09300133.doc 1  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Grunloh – 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: “Mr. Clerk, Roll Call for Attendance. Representative Bost.”

Speaker Hannig: “The record will so reflect. And Representative Verschoore, for what reason do you rise? Representative Lang.”

“Thank you, Mr. Speaker. Excused absences on the Democratic side include Representative Washington and Representative Steve Davis.”

“Mr. Clerk, take the record. There are 115 Members answering a Roll Call… the Roll Call, a quorum is present. Mr. Clerk, would you do the Committee Reports?”

“On page 3 of the Calendar, under the Order of House Bills-Second Reading, is House Bill 6200. Representative Rose, would you like us to move that Bill? 09300133.doc 5  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Out of the record. Representative Bassi, on Sen… on House Bill 6354. Would you like us to move… Mr. Clerk, read the Bill.”

“Representative Bassi.”

“Is there any discussion? Then all in favor of the Motion… of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. On page 17 of the Calendar, under the Order of Senate Bills-Second Reading, is Senate Bill 1906. Representative Slone. Okay. Let’s take that out of the record. And we’ll move to Senate Bill 2238. Representative Molaro, would you like to move that Bill from second to third? Representative Molaro.”

“Well, what I thought we had is a Floor Amendment #3 that’s been approved for consideration. I’d like to present the Amendment while it’s still on second.” 09300133.doc 6  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

Speaker Hannig: “That’s what… that’s where we’re at, Representative.”

“Oh, that’s where we’re at. And what I’m….”

“So, Mr. Clerk… Mr. Clerk, read the Bill.”

“Representative Mautino.”

“Hello. Thank you, Speaker. Happy to be here. Delighted. And I’d like to tell you that this is… this language and this Amendment removes the controversial provisions which had to do with the FR limits. That was the provision that, I think, got 5 votes the last round. So, after looking at that we realized that those… that provision should be taken out. Clarifies that the state statute with respect to the Supreme Court ruling, which would be the John Deere, all that is the same. And after taking a look at the wishes of the House, this Amendment proves the… removes those controversial provisions and it is agreed.”

Speaker Hannig: “Okay. On that… on the Amendment, Representative Mautino has moved for its adoption. And on that question, the Gentleman from Vermilion, Representative Black.”

“He indicates he’ll yield.”

“Actually, Representative Hultgren is going to address that issue in his comments, but no, that language was not in the Bill from yesterday. That was part of the confusion under his legislation.”

“Correct. In… in this Bill this Amendment will clarify the statute dealing with underinsured motorist coverage as it applies to the Lee vs. Deere. You’re correct. That is in this language. It was in a previous Bill, that Section had been taken out. So, we’ll be… we’re addressing the John Deere language on its own.”

“Right. And actually, I’m glad that you brought that up. And in December of ’03 the court invalidated the 09300133.doc 8  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 current statute defining when a customer makes a choice for uninsured motorist coverage. And that’s what’s at the heart of the Bill. It was previously in another piece of legislation, it has been taken out. And that’s been negotiated and agreed to. So, it’s not the controversial portion.”

“But I’ll be happy to fully explain it…”

“…if I don’t bore you to tears.”

Speaker Hannig: “The Lady from Cook, Representative Feigenholtz. Okay. How ‘bout the Gentleman from DuPage, Representative Hultgren.”

“The Lady from Cook, Representative Yarbrough.”

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

“He indicates he’ll yield.”

“For a question. Representative, I understand this Bill has no opposition. Is that correct?”

“That is correct and I believe the board should reflect that you and I had talked about becoming a cosponsor on the Bill and I’ll make sure that paperwork gets placed up there. I appreciate your work on it.”

“Thank you. To the Bill. I, too, support this Amendment and support the Bill in its current form. Thank you.”

“Any further discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

Speaker Hannig: “Third Reading. Mr. Clerk, could we read Senate Bill 2247? Representative Dunkin. Okay. Let’s take that out of the record and move to Senate Bill 2253. Representative Saviano.”

Speaker Hannig: “The Gentleman from Cook, Representative Saviano, on the Amendment.”

Speaker Hannig: “Is there any discussion? The Gentleman… Representative… the Gentleman from Cook, Representative Parke.”

“He indicates he’ll yield.”

“Yes.”

“There’s no opposition.”

“Any further discussion? All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. On page 19 of the Calendar is House… is Senate Bill 2844. Representative Rita. Mr. Clerk, would you read the Bill?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill… Amendment #2 for Senate Bill 2488 makes some technical changes. Changing the word ‘members’ to ‘veterans’ and after the appointments would go back to the a… the a… original person who made the appointments for these members for this veterans committee.”

“Is there any discussion? All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. On page 20 of the Calendar, at the top of the page, is Senate Bill 2944. Representative Sommer. Mr. Clerk, read the Bill.”

“The Gentleman from Tazewell, Representative Sommer.” 09300133.doc 12  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Is there any discussion? All… the Lady from DuPage, Representative Bellock.”

Speaker Hannig: “All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Mr. Clerk, we… I… the Chair inadvertently skipped over on page 16, Senate Bill 1648. Would you read that Bill, please?”

“Third Reading. And now, back on page 20 of the Calendar is Senate Bill 3007. Representative Howard. 09300133.doc 13  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Would you want us to move this from second to third? Mr. Clerk, read the Bill.”

“The Lady from Cook, Representative Howard.”

“Amendment #2 provides that the official records of the charges and disposition that are held by the arresting authority, the Department of State Police and the Clerk of the Circuit Court, may be sealed if an adult or minor prosecuted as an adult has been convicted of one or more violations of a municipal ordinance or misdemeanors and at least four years have lapsed since the last such… such conviction or term of any sentence, probation or supervision, if any. And the individual since the last such conviction or term of any sentence, probation or supervision, if any, has not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor. I will accept any kind of questions regarding that.”

“The Lady has moved for the adoption of Floor Amendment #2. Is there discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Representative Howard.”

“Amendment #4 provides that the clerk… the Circuit clerk of the Circuit… clerk of the Circuit Court may charge a fee equivalent to the costs associated with the sealing of records by the clerk and the Department of State Police subject to county board approval and notwithstanding any provision of the Clerk of Courts Act to the contrary.”

Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #4. Is there any discussion? All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Representative Howard.”

“House Amendment #5 deletes provisions that sealed criminal history records shall be… shall not remain sealed to employers, authorizing bodies and government agencies when State or Federal Law or regulation would otherwise prohibit employment or licensure by the person had his or her criminal history records not been sealed. Deletes the provision that a felony record of arrest or conviction shall not be sealed until the Department of State Police has implemented the system to provide these records, which shall be accomplished in no more than one year from the effective date of the Amendatory Act. I’ll accept questions on that.” 09300133.doc 15  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“And on that question, the Gentleman from Cook, Representative Parke.”

“Yes, the Lady will yield.”

Speaker Hannig: “Mr. Clerk, could you bring Representative Parke up to date on Amendment #4, please?”

“The Lady will yield. Did you say you had a question, Rep… No question. Okay. Are there any further discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Representative Howard.”

“Thank you, Mr. Speaker. I’d like to keep this… this Bill on Second Reading. There is yet another Amendment that must come before us.”

“Okay. So, this will remain on Second at the request of the Sponsor. Mr. Clerk, would you read Senate Bill 3069?”

“Okay. Out of the record at the request of the Sponsor. Representative Reitz, would you like us to move Senate Bill 3111? Representative Reitz. Okay. Out of the record. Let’s return, Mr. Clerk, to… Mr. Clerk, would you read Senate Bill 1906 on page 17 of the Calendar?”

“The Lady from Peoria, Representative Slone.”

“Thank you, Mr. Speaker. I move to table Floor Amendment 1.”

“So, the Lady withdraws Floor Amendment #1. Is there any further Amendments?”

“Representative Slone.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill was taken out of the record a week or two ago because of some problems with it. Floor Amendment 2, I believe, corrects almost all of the problems that we faced with the earlier version. The Department of Commerce and Economic Opportunity is now neutral on the Bill, as is the Municipal League, the Chamber of Commerce and the Illinois Association of Realtors and perhaps some others. I would be pleased to take any questions.” 09300133.doc 17  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #2. And on that question, the Gentleman from Cook, Representative Parke.”

“Mr. Parke, if I heard you correctly, you’re asking about the homebuilders and the realtors. Is that right?”

“Okay. The realtors are neutral on the Bill now.”

“Yeah, the realtors are.”

“The homebuilders are still not fond of the one provision of Amendment #2, which is Section(h) on the Intergovernmental Cooperation Councils. And I’m not unwilling to make a change in that, but we’re really kind of running out of time to do it. What… what we do is we do give the Intergovernmental Cooperation Councils, if they go through all the hoops involved in Sections (a), (b), (c), (d), (e), (f) and (g) and (h) itself, they would… they would get a preference for state grants. So…”

“I’m sorry.”

“Is there any further discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Okay. So, Representative Slone, there’s been some requests for notes… there’s been some requests for notes. Representative Slone.”

“Speak… Mr. Speaker, can… can the Clerk give me which notes have been requested and on which Amendment, please?”

“Why… why don’t you come down to the well…”

“Okay.”

“…and the Clerk can bring you up to date on what the status is, but for the time being the Bill remains on the Order of Second Reading.”

“Thank you.”

“Mr. Clerk, would you read Senate Bill 2247?”

Speaker Hannig: “The Gentleman from Cook, Representative Dunkin.”

“Thank you, Mr. Speaker and Members of the General Assembly here. Senate Bill 2247 merely allows the City of Chicago to enter into an agreement with the Illinois Department of Transportation and allowing them to lease land at fair market value. And this is a technical change and I would ask for a favorable vote.”

“Gentleman has moved for the adoption of Floor Amendment #2. Is there any discussion? The Gentleman from Vermilion, Representative Black.”

“He indicates he’ll yield.”

“Correct.”

“Yeah, what it did was it narrowed the scope of the Bill. It was… just one second, Representative.”

“So… so, Mr. Clerk, Representative Black wishes to know the status of House Amendment #1. Has that been adopted?” 09300133.doc 20  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Okay. So, Representative Black.”

“Yeah, it’s a… the exact… I don’t have the exact address, but it’s right near… it’s a… I wanna say it’s right next door or about 40 feet away from the current site that they’re trying to lease, UPS.”

“I’m sorry. Can you repeat your question?”

“Ya know, at this moment I don’t have an exact value or an amount. But fair market value for commercial leasing in Chicago, I’m sure, is gonna be fair.”

“It’s not being conveyed, it’s being leased to the…” 09300133.doc 21  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“…United Parcel Service.”

“Were you clear, Sir?”

“IDOT. Correct. IDOT will own the lease, they will… excuse me, IDOT owns the land and the land will be conveyed to the City of Chicago to be… excuse me, to be leased to the City of Chicago and Chicago will then lease it to UPS.”

“Does that make sense?”

“You say why?”

“No. What the State of Illinois is doing, IDOT, Illinois Department of Transportation, we are leasing it to the City of Chicago and the City of Chicago will be subleasing it to UPS for their expansion. Not conveying.”

“Go ahead. Could you repeat your question, Representative?”

“Okay.”

“Ya know, Representative, IDOT currently leases land to various municipalities and other entities all the time, all across this State of Illinois, and they’re doing so here at fair market value in the City of Chicago. They’re simply lea… leasing this land that’s unused, that’s near a viaduct. And if IDOT wants to take that land back they can do that because they have ownership of the land. They can break the lease legally and take their land back, if needed, to expand the expressway, build a new expressway. So, it’s IDOT’s current policy, they do it anywhere across the State of Illinois. And all we’re trying to do is to give it… a business that happens to be very near my district, actually in my district, an opportunity to expand and hire more Illinoisans for their company and to raise money for the State of Illinois on the revenue stream. So, the State of Illinois does not lose at all. Fair market value leased to the City of Chicago, fair market value subleased to this company.” 09300133.doc 23  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Who is who… who is who releasing it from?”

“The State of Illinois owns it… the land.”

“Yes.”

“This goes back to the State of Illinois’ budget, the General Revenue Fund.”

“To the State of Illinois. The people in this state, as you pointed out, Representative.”

“I’m sorry, can you repeat your question again?”

“Ya know, I’m not exactly sure, Sir. Represen…” 09300133.doc 24  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“I don’t know, Sir.”

“I have no idea.”

“Ya know, I wanna agree… I will not agree to that at this point. But what I do understand and know for a fact is that the Illinois Department of Transportation owns the land, the land’s been sitting vacant for quite some time now and here we are in an opportunity to lease the land, make some money. Fair market value to the City of Chicago and the City of Chicago cannot only sublease it for fair market value, but we’re gonna build jobs, we’re gonna expand, give a company, whose gonna, again, pay for this at fair market value, give them an opportunity to hire people in the State of Illinois and put that land to use. I think that’s a great idea. I think that’s a… that’s one of the concerns that many Representatives here in this chamber would love to have. To give businesses an opportunity to expand, especially where the state wins. There’s… no one gets hurt because the state and the people of the State of Illinois benefits. So, I don’t see what the major concern is given that we have unused land, we have a company…” 09300133.doc 25  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“…located in our state, headquartered in our state that wants to expand and hire people in our state and we’re not losing because we’re leasing the land, not for a dollar, not for five dollars, but for ten doll… excuse me, but for fair market value.”

“Representative, I can’t say… I don’t exactly what the lea… what the fair market value is for that respective parcel. But I can say this here, in that particular location, it’s in the south loop, downtown Chicago, it is an extremely expensive area to acquire any land, to lease any land or any space around that part of town. So, I’m willing to bet and tell you that the State of Illinois is gonna get a nice bang for its buck. Whereas, prior to this agreement or hopeful agreement between the company trying to expand its operation, it’s a win-win for the State of Illinois and for the people of the State of Illinois. So, again, I’m not exactly sure what the amount is but I am very sure that fair market value at that type of address and location around the UIC campus is pretty expensive. So, I’m… it’s a good deal all around and, again, the State 09300133.doc 26  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 of Illinois and its residents will have unused land utilized at fair market value.”

“Correct.”

“Representative, there is no transfer of property here.”

“The State of Illinois… the State of Illinois owns the land, we’re simply leasing the land at fair market value. The land is being unutilized and we’re giving com… this company a chance to sublease it at fair market value to hire Illinois residents so they can make a living and contribute to our great taxing body here in the State of Illinois.”

“Representative, again, I don’t know exactly what the state paid for this land. I know the state owns the land right now and we have an opportunity to lease it at fair market value. This happens all across the State of Illinois. I’m trying to figure out what is so perplexing about this land… this particular parcel of land being leased at fair market value, why there’s a big problem all of the sudden. This happens in Vermilion…”

“…Decatur…”

“I’m speaking of the state leases land all the time.”

“Representative, this is not transacted yet, this has not transpired. However, this… IDOT is looking to do this in the… in Lake County. If the state has an opportunity to lease land at fair market value, I think it’s a good thing. It’s better than having land sitting idle with no value or limited value, no proceeds coming in. I mean it’s a win- win. Are you against jobs, Representative?”

“Any further discussion? All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Representative Dunkin.”

“Before I speak on this Amendment, let me say this here. Representative Black, ya know, I have no intention whatsoever to insult you, embarrass you or your constituents and I apologize if you feel that way, on the record. You’re a standup individual here in this chamber, many folk respect you as well. So, it’s not my intention to be cute or to belittle any of your comments, et cetera. So, please accept my apologies. What we’re simply trying to do here, Sir, is to allow the State of Illinois, one of its agencies, to lease a parcel of land that is not utilized, that’s gonna bring more revenue in the State of Illinois and give a company in the City of Chicago that happens to be within my district an opportunity to expand its job base. And that’s where we’re going with this. There’s no malintent. This is a pretty straightforward and open process. The State of Illinois, IDOT in particular, does it all over the state anyway. So, I don’t know how we got off into this long diatribe of trying to justify why it is that this is such an issue when this has been going on for years, it’s above water, it’s legal and we’re simply trying to utilize land that’s not being taken advantage of at fair market value. Third Amendment. This third 09300133.doc 30  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Amendment simply gives the leaser, or the City of Chicago, the opportunity to pay the State of Illinois fair market value. Not for $1, not for $10, but for fair market value.”

“The Gentleman has moved for the adoption of Amendment #3. 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?”

“Okay. So, Representative Dunkin, the Bill will remain on the Order of Second Reading because of some… because of requests for Fiscal Notes. So, you need to check with the Clerk, he can give you the details of what notes you need to get. Okay. So, that Bill remains on the Order of Second Reading. Now, Mr. Clerk, let’s return to page 20 of the Calendar for Senate Bill 3111. Representative Reitz. Would you read the Bill, Mr. Clerk?”

“Did you… did you want that to move to Third, Representative? Okay. Third Reading. Mr. Clerk, let’s move that to the Order of Third Reading. And on page 19 of the Calendar is Senate Bill 2908. Representative Meyer. Would you read that Bill, Mr. Clerk?” 09300133.doc 31  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

Speaker Hannig: “Third Reading. And now on the Order of Concurrence, on page 22 of the Calendar, is House Bill 622. Representative Grunloh. Okay. Let’s… let’s move on to House Bill 686. Representative Monique Davis. Representative Davis. Is the Lady in the chamber? Okay. Let’s move on down the Calendar. Representative Miller. Representative Miller on House Bill 752. Okay. On the Order of Concurrence, page 23 on the Calendar, Representative Miller.”

“Thank you, Ladies and Gentlemen, Members of the House. Thank you, Mr. Speaker. House Amendment 1 requires all children in kindergarten and second and sixth grade attends… who attends public or private schools to have a dental examination. This is an initiative through the Illinois State Dental Society and the Lieutenant Governor’s Office. Also, what it includes is the fact that the examination has to be by a dentist by May 16th of that school year. The child needs to present proof that a dental examination that takes place within 60 days after May 18th required by the Department of Public Health by rule.”

“So, the Gentleman has moved that the House Concur in Senate Amendments #1, 2 and 3. And on that question, the Gentleman from Cook, Representative Parke.” 09300133.doc 32  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“He indicates he’ll yield.”

“In… yes, in kindergarten, second and sixth grades only.”

“Well, traditionally parents across the state do bring their child to the dentist, as you may or may not know. But if someone is not able to afford a dental examination the state already has monies allocated for those children who go see public aid. So, for instance, ya know, at one of my offices I used to see children on public assistance and the state would… the state, through a contract, it would pay… it would reimburse me.”

“Yeah…”

“…that’s an excellent point, Representative Parke. But the intention is not to penalize the school, and I wanna make the Members of this Body very clear on that. It was just to encourage that we, first, had to have some sense of a deadline date to have the examination. But the school, 09300133.doc 33  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 through… can decide on whether they want to hold that report card or not. And the second point I’d like to make is that fact that… is that the parent can have a waiver. So, for instance, if in areas that are underserved, that are no dentist around, that they don’t have the financial means to make it, the school, in addition to the Department of Public Health, can set guidelines in which those waivers can be issued. So, the true intention of this legislation is not to penalize the school, but just to encourage parents and children the importance of dental care and the fact of the matter is that they need to see a dentist on a regular basis.”

Speaker Hannig: “The Gentleman from Cook, Representative Giles.”

“Thank you, Mr. Speaker. To the Bill. This piece of legislation came through the Elementary & Secondary 09300133.doc 34  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Education Committee and, as I stated in committee, I think this piece of legislation is long due. I think what… what… what the dentist is trying to do here is to say that we need to put a greater emphasis and highlight the issue that young individual at these very crucial ages they need to see the dentist, because if they do not they will have very chronical and very serious issues later on in life. And I think this piece of legislation addressed is not to punish any parent or child by not receiving their report card, but to… to bring light to ‘em that they must adhere to a dental examination. I think this is the type of legislation that I’m proud to stand here and to support, because this is… this legislation brings substance. It’s gonna actually do something for a young individual, it’s going to set them on the right path that it is very important that they have dental examinations, that they have proper hygiene. And I wish I would’ve had this type of legislation coming up as a kid. There’s many young individual, many kids that will… will… do not have the parental benefits of having a two parent in a home or a parent that understands the very importance of seeing a dentist. So, what we’re trying to do is to… is to just simply push the envelope just a little bit more to get a lot of more of our young individuals to… to be a part of this process to get the examination and to address some of the problems. I think this is an excellent piece of legislation and I’m proud to support a piece of legislation such as this. Thank you.”

“The Lady from Will, Representative Kosel.” 09300133.doc 35  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“He indicates he’ll yield.”

Speaker Hannig: “The Gentleman from McHenry, Representative Franks.”

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

“He indicates he’ll yield.”

“Representative, I need some clarification on this, maybe you can help. Our analysis indicates that this Bill would require all children in kindergarten, second and sixth grade to undergo a dental examination. So, it’d be three times through sixth grade, correct?”

“Say the last part of your question.”

“They have to have at least…”

“A dental examination…”

“…three dental examinations?” 09300133.doc 36  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“…in kindergarten, second and sixth grade, that’s correct.”

“Okay. Right now, when kids go to school, are they required to have physical examinations?”

“Yeah, I believe so.”

“Can you tell me how often they’re required to have physical examinations?”

“Honestly, I don’t know. But I would assume when they start school, first, and probably fifth and ninth grade.”

“Yeah, ‘cause I know my kids had to have physicals when they went into kindergarten, but I know they haven’t been required to show that they’ve had to go to the dentist. And I think it’s a pretty good idea what you’re trying to do. But it looks to me as though you’re… we’re making this to be a higher level than for the physical examination. And I’m wondering if we… if we were gonna do this, wouldn’t we wanna do it concurrently with the physical examination instead of having it to be a higher threshold?”

“Ya know, that’s an excellent quest… question. The answer to that is, though, at these grades that’s when… first off, many children have rapid decay and have it at an early age. So, I’ve seen numerous cases where children have many of their teeth, which have been there maybe only as little as three years, have tremendous decay. The second two grades are significant because that’s when the first molars erupt. When the first molars erupt in a permanent dentation is a fact that sealant programs, which are a plastic coverings over the grooves of the teeth, can 09300133.doc 37  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 help prevent cavities in future… future years. So, we felt that it was very significant as the development of a child that’s when their first molars… their first initial indication in diagnosis of a dentist will be able to see it and then when their first molars it would be a good indication too and then also as they get a little older their other molars and other teeth are erupting at that time. That’s why it was at these levels.”

“Okay. Thanks. I wanted… I wanted to understand why you had it there. I also see that there’s… the Department of Public Health can establish, by rule, a waiver for those children who show an undue burden. Do you have any idea what that might be for legislative intent?”

“Yeah, absolutely. As a… a… money is an undue burden for somebody, ya know, may… financially may not have the expense if there’s an area which… which there’s a dentist nearby, but they can’t afford it. Also, accessibility, there may be… I’ve heard stories of people scheduling months in advance before seeing a dentist. And so, that was another issue there. And so, I think schools are very sensitive to the fact that, ya know, some of the children may have difficulties in seeing a dentist. So with that known, we wanted to make sure that it really didn’t penalize the child, but the scho… but the spirit of it was definitely go see a dentist at some point. So, those are some of the issues I felt were… that can be under a waiver provision.” 09300133.doc 38  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“‘Cause I know I’ve got a heck of a time. I’ve been trying to get into my dentist. I made the mistake of changing my insurance on the state plan to go to one of their dentists and I’ve been able to get into there once this year and I can’t get in again. And I can’t tell you how frustrating that is. And I can imagine if I can’t get in it must be very difficult for… for kids to get in as well. And I’m worried that these kids might not be able to get their report cards or have something held against them that has nothing to do with them.”

“Well… and once again, it’s ‘may’, the school ‘may’ hold the report card. But, once again, you’ve got to think about it when your child is going into the second grade usually you see or try to get your physical or your dental examination, your eyes checked prior to that. And so, they almost have an entire year through the entire process to try to get… to see a dentist. And this is just an examination. Plus, there are many dentist that do go into schools that do provide a dental examinations, cleaning, fluoride, some provide sealants. There are many programs, such as the Give Kids a Smile Day. As far as I know, Representative Yarbrough brought children to a local dentist in her area. I know there are many dentists in the Colgate Bright Smiles Program that has a van that does that. So, there are many different avenues which can bri… free dental examinations.”

“I think… I think it’s an important point, but I wanna make sure that there is some leeway because oftentimes it’s 09300133.doc 39  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 difficult. And I… I think you brought up a good point, we’re talking about these other programs. I… hopefully there’ll be some pro bono work, some free work done. I know that dentists do that, a lot of them do. And I’d encourage them to do it for the kids who can’t afford it because you made a very compelling argument of all the reasons why we have to have… why they should have three different examinations, but it doesn’t do them any good if their… if they don’t access to it. So, if they don’t I’d certainly hope that there’d be some programs out there and maybe you could speak to that at a later time. But I understand what you’re trying to do and I appreciate it.”

“The Gentleman from Vermilion, Representative Black.”

“He indicates he’ll yield.”

“Well, I’d like to respond to that. I think a lot of children already are being teased who aren’t going to the dentist for various reasons…”

“…decay early on. And it’s actually a self esteem problem. I’ve actually pulled out a toothpick… part of a toothpick on a child with an abscess on a lower molar. And 09300133.doc 41  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 the child was expected to perform in school. Now, that was… now the reason the child got into my office was because of one of these programs that went out to the schools that did screenings to… to… at that particular school. That child may have been going on for years or until the face swelled up, until it was an emergency situation at the hospital, which put… makes it a more financial burden, not particularly to that parent who may not pay, but to us as a society. And so, I can under… definitely understand a point of access. In fact, when we crafted this legislation we were very sensitive to the comments that got back to us saying that, well, I tried to schedule an appointment, it was almost a year later. And so we said, well, we understand because from the time a child is about to go to school most parents do start to schedule and there’s usually in many medical or dental offices that’s where you get a big rush towards school. So, therefore, we gave almost an entire year for somebody to go see a dentist. And even still their… ya know, they could say, well, that situation that you said, hey, look, we don’t have the funds, there are no dentists around, the school screening program didn’t work, none of the dentists wanna do it for free. Whatever the story may be, the school, I would think, would have some kind of sensitivity to that child to say, particularly if the child is having… having problems and the parent can demonstrate, well, ya know, Dr. Jones’ office, ya know… ya know, 50 miles away outside Danville, we weren’t able to see or we waited all 09300133.doc 42  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 day. I mean, that’s a very real situation. And so, we didn’t want to penalize the child nor the… but I think it’s heading in the right direction for… for children to say that dentistry is important and the fact of the matter is dental care is a part of total health of a body and the fact that it does include others things as obesity and other things that we can get into. But I think that the access issue, I know the Illinois State Dental Society, Chicago Dental Society and local branches, whether it’s in Lake County or the branches I belong to in Chicago or in downstate, Winnebago, whatever, it doesn’t matter, whatever county does do access to care programs generally have these committees to understand this. I think this is… it attempts to put us in the right direction on an issue like this.”

“To the Bill.”

“Representative Lang.”

“Thank you. Will the Sponsor yield?”

“He indicates he’ll yield.”

“Representative, I also think you have a great idea here, but one section of the Bill at least concerns me conceptually. You… you seem to indicate that you know that there’s some families who cannot afford to send their kids for a dental examination and so you’ve given the department the opportunity to create rules to provide exemptions. But isn’t it exactly those kids who really need the dental exams? The kids that can… who have families that can afford the dental exams are probably getting them anyway. So, aren’t we to a point here where the very kids you really want to make sure have these exams may not get them?”

“No, I disagree. Like I said earlier in the case of… and I can site numerous cases in my office in which children who… who did not see a dentist, probably never seen a dentist have come to my office with horrendous dental problems, problems at the age of five years old that any Member of this chamber wouldn’t be here if the pr… if they had the problems these children had. And the only way they were able to come in was because there was some type of screening program or some type of something awareness to them to see a dentist. The parent may not know. And so even if those… those children who do provide a waiver… 09300133.doc 45  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 because I can tell ya, one thing about it which I was really pleased to see was… was the fact that these screening programs did translate into children actually coming in to see the dentist, which is the ultimate goal. So, the awareness of the parent, awareness of the school, awareness of the teacher all came into affect at this time just from these programs. Annually, we do ‘Give Kids A Smile Day’. Ya know, it gives tremendous public awareness to the… to the relationship with teeth as it relates to your oral health, and that message can’t be said enough. The number one cause of children missing school is dental related. And so, when you talk about that those children are the ones getting the waiver, not all of ‘em that are given the waiver will not be… not all of ‘em, children who need the services, will be given a waiver. I truly believe that there are many children who will… who will have that awareness to say or will bring parents to say, hey, look, let’s go to the dentist and take ‘em in and ultimately be treated.”

“Well, I think that was an excellent explanation, Representative, and I’m gonna support your Bill.”

“Thank you.”

“Representative Eddy.”

“He indicates he’ll yield.”

“Do I have a percentage? No, I don’t have the percentage or a number.”

“Yeah, I understand that. I don’t know how many districts… and I guess a rhetorical question would be… is how many districts require first graders or not on these years to have dental examinations? I don’t know. But the point is is that I think even still practitioners… so, for instance, let’s say somebody was in the their middle of their first grade year or even beginning of first grade year, then a lot of times what they’ll do is they’ll bring that child in and say, hey, I need a requirement, the dentist may take a look to see what’s going on real quick and then sign off on a… on a dental examination form, a 09300133.doc 47  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 screening form. So, I don’t think that’s… I don’t think really that’s really a big issue.”

“No.”

“Let me say this…”

“…once again, that could be considered under the waiver process, if that being part of it. I certainly, as a member of JCAR… and I think going through that… that rule, that was an ex… that’s an excellent point that you make. And I think, ya know, part of what the Illinois Department of Public Health and also with the school board administrations other that we work with an… so far is a fact that’d be a good point to bring up to see if something like that could be done.”

“Yeah.”

“No, typically a dental examination does not require a radiographic x-rays. Ya know, exam of oral tissues, exam of the soft tissues in the mouth and then see how the occlusion… in the… in the Chicago public school systems there’s a standard dental form that is usually submissible, I think it’s all across the state, in fact, that typically that we fill out to say, ya know, the child is okay, has problems, maybe cavities detected, maybe some bite problems, some growth problems, or everything may be fine as… as indicated.”

“No… no, that would be co… probably under Dental License Act, ya know, for a practitioner to do what they do.”

“Basic cost?”

“That can range. Like I said, there are many that could be free and to… to, I don’t know, $50 it could be, it could just range to cost of examinations.”

“They don’t have to. They don’t… yeah, the… Representative, the… the school does not have to hold the report card. In fact, I would recommend it to be the… if there’s no… if everything else has failed. And if there’s, ya know, if there… there’s no valid reason. I mean, that’s…”

“That… that is correct.”

“Yeah, the… the way… the language in the Bill, a 60 day notice prior to May 15th will be issued, I mean, so a notice will be before that school year starts, before second grade. And then 60 days before May 15th if they haven’t gotten it saying notify the student and parent either in written form or over the…”

“…phone or whatever.” 09300133.doc 50  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Excuse me?”

“I’m sorry, I didn’t hear you.”

“Yeah, yeah.”

“Yeah, how that notification would be.”

“Representative Joe Lyons.” Lyons, J: “Speaker, I move the previous question.”

“The Gentleman moves the previous question. The question is, ‘Shall the main question be put?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the main question is put. Representative Miller to close.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d like to thank all the Members who had some questions and concerns. There’s just a few sailing points I just wanna finalize with. The fact that I think this Bill… first off, dental examinations once in the states were… once in the State of Illinois was mandatory to be accepted into school. The provision of holding the report card is only if all else has failed. They may hold it. That is entirely up to the school district. But even the waiver provision will be worked out with the Illinois State Dental Society, Lieutenant Governor’s Office and those 09300133.doc 51  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 interested parties, including the Department of Public Health. The last thing I’d like to point out is dental decay is the number one reason why children have missed school here in the state and just across the country. I would ask for a favorable vote.”

“The question is, ‘Shall the House concur in Senate Amendments 1, 2 and 3 to House Bill 752. 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 83 voting ‘yes’ and 32 voting ‘no’. And the House does concur in Senate Amendments 1, 2 and 3. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Grunloh, would you like us to concur in… would you like to concur in House Bill 622? Representative Grunloh.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 622 is the economic… the bonding authority Bill that came through the House a couple weeks ago, actually as House Bill 4532. The language has not changed at all. It remains the same. It was just put into a different Bill. I’d ask for an ‘aye’ vote.”

“The Gentleman moves that the House concur in Senate Amendment #2 to House Bill 622. Is there any discussion? Then the question is, ‘Shall the House concur in Senate Amendment #2 to House Bill 622. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted 09300133.doc 52  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 who wish? Mr. Clerk, take the record. On this question, there are 91 voting ‘yes’ and 23 voting ‘no’. And the House does concur in Senate Amendment #2 to House Bill 622. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Davis, would you like us… would you like to concur in House Bill 686? Representative Monique Davis. Representative Monique Davis, you’re up. You’re up, Representative.” Davis, M.: “Thank you, Mr. Speaker. I move to concur with the Senate in House Bill 686. House Bill 686 is a Bill that passed out of this Body. It was 39-63. And it’s a Bill that requires that clinical research that’s supported by state funds would be… would always use the health and safety rules of the National Institute of Health Guidelines. Many of us know that when African Americans are ill or some other Latinos or sometimes women are hospitalized, they’re in there longer because it takes longer to adjust the medicine. But if clinical trials used these groups whenever possible it would shorten many hospital visits. And I thank you for your previous support. I stand ready to answer questions.”

“The Lady moves that the House concur in Senate Amendment #2. Is there any discussion? Then the question is, ‘Shall the House concur in Senate Amendment #2 to House Bill 686?’ 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 115 voting ‘yes’ and 0 09300133.doc 53  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 voting ‘no’. And the House does concur in Senate Amendment #2. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jerry Mitchell is recognized on House Bill 833. Representative Mitchell on the Motion to Concur.” Mitchell, J.: “Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 833 I move to Concur with. This is a… a Bill that was brought to me by the City of Dixon. They’re having problems with people that refuse to pay for their garbage and it’s privately owned. They are a tax cap community. What happens is they refuse to pay for the garbage, the piles up on the walkway and sooner or later someone complains to the Public Health Department that then gets on the city and it becomes a city problem. What they’re asking for is the ability to shut off the water to an individual household if they refuse to pay for garbage service. This came out of the Senate with… with no dissenting votes. No one is opposed to this Bill that I know of, I’d be happy with a… move to Concur. Thank you very much.”

Speaker Hannig: “The Gentleman moves to Concur in Senate Amendment #1. Is there any discussion? The Lady from Cook, Representative Rosemary Mulligan.”

“He indicates he’ll yield.”

Speaker Hannig: “The Gentleman from Cook, Representative Fritchey.”

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

“He indicates he’ll yield.”

“Representative, according to our analysis, this Bill was brought by the City of Dixon, is that correct?” Mitchell, J.: “It’s their initiative, you’re right, John.”

“And the waste hauler in the City of Dixon is a private waste hauler, is that correct?” Mitchell, J.: “Yes, it’s a subcontract with a private waste hauler.”

“But it… but we are not talking about public waste pickup is a private contractor.” Mitchell, J.: “That’s correct.”

“To the Bill, Mr. Speaker.”

“To the Bill.”

“Ladies and Gentlemen… and the Sponsor’s one of the best Legislators we have down here, whatever you’re gonna do with this Bill, pay close attention to what it is we’re dealing with here. You are giving a municipality the ability to cut off water service to local residents because of non payment in a private contract. This is a private collector who has monies due and rather than go through the remedies of any other private business to try to collect those fees that are due from a client, they are going to go 09300133.doc 56  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 and shut off the water to a homeowner. If you think that’s okay, that’s fine, but this is a Bill that can slide through very quietly normally. But it sets a horrendous precedent, I believe. Obviously, no disrespect intended to the Sponsor, but… but… but to… but to let a municipality cut water, cut essential services off to a home owner because they owe money to a private entity is a very, very dangerous precedent for us to set. Think very carefully before you vote on this Bill. Thank you.”

“Representative Mathias.”

“He indicates he’ll yield.”

“Representative Lang.”

“Thank you. Will the Sponsor yield?”

“He indicates he’ll yield.”

“Representative, as I understand the Bill, this would enable the municipality to cut off more than just the trash removal service for not paling for the… paying for the trash removal, is that correct?” Mitchell, J.: “Well, the… the trash removal service is already cut off. That’s the first… that’s first line and that’s done by… by… the subcontractor of the city, the private waste hauler. They stop that, but that doesn’t stop the garbage from… from piling up.”

“Well, I… I’m not sure so maybe you could tell me what the public policy reason would be behind, for instance, shutting off someone’s water because they haven’t paid for their garbage bill.” Mitchell, J.: “Well, Representative, the public policy simply is a health hazard to the residents of the neighborhood, the community at large. Once the Public Health Department gets involved, they go back to the city saying, ‘You gotta do something with it’, then it costs the city. They’re on a limited budget, they’re frustrated with the fact that they can’t get the homeowner to pay the bill and the garbage is still there and it effects everyone in the neighborhood.” 09300133.doc 60  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Well, are you proposing the reverse also that if someone doesn’t pay their water bill you’ll stop collecting their garbage?” Mitchell, J.: “Well, certainly not in this Bill. I think what happens there is, again, the water’s shut off.”

“Isn’t that a public health hazard to have a home in a community without water?” Mitchell, J.: “Absolutely.”

“And isn’t it also a public health hazard that is created by the municipality. They chose not to pick up the garbage. Yes, it’s for a reason, but if you don’t pick up the garbage and then you say, ‘Well, it’s a public health hazard because we didn’t pick up the garbage, so now we’re gonna cut off your water’, what have we accomplished?” Mitchell, J.: “But, Representative, it’s not the city’s responsibility since it’s subcom… contractor or private contractor, and what they could go back to the private contactor and say, ‘You’ve gotta pick it up.’ We don’t have a Bill to cover that either. So, it… they’re kind of in a… in a lose, lose situation with this… with this whole problem. And it’s the small communities that seem to have this problem.”

“So, these are… the people that are supposed to paid in the initial stage here is a subcontractor. So, the municipality contracts with a private garbage collector, and when the private garbage collector doesn’t get paid, they stop picking up the garbage.” Mitchell, J.: “That’s correct.” 09300133.doc 61  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“And when the garbage doesn’t get picked up the municipality says, ‘Whoa, this garbage is piling up. It’s a public health hazard and so we’re gonna stop sending you your… we’re gonna shut off your water.’ That’s what this Bill does.” Mitchell, J.: “Until you pay for the service that you’ve signed up for. That’s correct.”

“Does it allow for… well, who collects it then? Who collects the money?” Mitchell, J.: “I would imagine by that time it’s probably… you know, I really don’t know, whether it would… I… I imagine they’d have to settle their account with the private contractor.”

“But, you don’t know, it’s not in the Bill.” Mitchell, J.: “No, it’s not in the Bill.”

“What mechanism is in the Bill for people to get their water turned back on when they agree to pay the… for the garbage collection?” Mitchell, J.: “Within the… within the… the Bill itself, there are notifications that let the homeowner know what actions will be taken if they don’t settle with the private contractor. That’s all been upfront before any action is taken. Once the action is taken then they have to settle with the private contractor, get the garbage picked up and then their water’s turned back on.”

“So, when they settle with the private contractor, what provisions are in the Bill for returning and restoring the 09300133.doc 62  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 water service to the homeowner? Within “x” period of days, what document is delivered, what mechanism is in the Bill?” Mitchell, J.: “What noti… the notification from the private waste hauler to the city then allows the water to be turned back on.”

“And is there something in the Bill that says that that notification has to be given within 10 days or 14 days or 30 days? Is there some provision that requires that private contractor to notify the municipality within the given period of time?” Mitchell, J.: “Could you repeat your question, Representative?”

“That’s all right. Yeah, is there something in the Bill… I’ll let me just talk to staff, you just move aside, Representative. Is there something… give him the microphone, if you would. Is there something in the Bill that puts a mechanism in place for the private contractor to notify the municipality, ‘Hey, turn this guys water back on?’ I believe the answer to the question is ‘no’. And while you’re looking, I would submit that if the answer is ‘no’ the Bill is flawed, because this is a private contractor if it’s not government. And if we’re relying on a private business to tell the government when to turn somebody’s water back on, aren’t we de… depriving someone of their water without, in essence, due process of law?” Mitchell, J.: “Well, in… in small town I… I can guarantee you that would not happen because those people would be at city hall immediately with that bill saying, ‘Look, this is paid, turn my water on.’” 09300133.doc 63  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“But there is no mechanism in the Bill. Is that correct?” Mitchell, J.: “Correct.”

“All right. To the Bill. Thank you, Representative. I understand what the Representative’s trying to do, but shutting off someone’s water because a private company stopped picking up their trash doesn’t make any sense. This… this is a punishment that doesn’t fit the crime. Additionally, there’s no mechanism in this Bill to get the water turned back on. It doesn’t say that that private contractor, upon being paid or upon making a payment arrangement with an individual homeowner, must tell the municipality within a certain number of days. So, we could have an open-ended turn off of water. Yes, after some period of time a… an aggrieved homeowner is going to go into the municipality and say, ‘Hey, here’s my paid Bill, turn on my water.’ But what if the person is infirm, what if the person is a senior and can’t get out? What if they’re in a wheelchair, what if they have some other disability? This Bill, as it sits now, is simply a hammer. And it’s a hammer without remedy. If the Representative had a remedy in the Bill, if he wanted to send this into a conference committee and try to create a remedy, some of us would be willing to work with him. But there’s no real remedy for homeowners in this Bill. And so, because a private company that isn’t the municipality has chosen to stop picking up a homeowner’s garbage, the municipality may 09300133.doc 64  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 turn that person’s water off indefinitely. And because of that, I think we should be voting against the Motion.”

“Representative Holbrook.”

“I move the previous question.”

“The Gentleman moves the previous question. The question is, ‘Shall the main question be put?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The main question is put. Representative Mitchell to close.” Mitchell, J.: “Thank you, Mr. Speaker. Previously, to the Gentleman’s concern, it is in the Bill. The remedy is in the Bill, it simply says, that if, in fact, the water is shut off after notice is given, the water will be turned on as soon as notice is given back that the garbage service has been restored and the bill has been paid. So, the remedy is in the Bill. I apologize to the Representative for not having it on my fingertips, but it is in the Bill, page 7, line 6 and 7. This is a simple solution for a community that’s very frustrated and have worked with this problem in every way they could think of. It’s not that much of a hammer and it doesn’t happen that often. But it was… when it does happen, it’s a severe problem for the entire neighborhood, not just the people that say, ‘Hey, I’m not gonna pay the bill. What are they gonna do?’ We’re trying to give them a remedy. If it doesn’t work, we can always come back and revisit the issue. I would like a ‘yes’ vote. Thank you very much.”

“The question is, ‘Shall the House Concur in Senate Amendment #1 to House Bill 833?’ All in favor vote 09300133.doc 65  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 ‘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? Mr. Clerk, take the record. On this question, there are 56 voting ‘yes’ and 52 voting ‘no’. The Motion fails, Representative. Representative, you can file another Motion. On page 24 of the Calendar is… on the Order of Concurrence, is House Bill 956. Representative Currie.”

“Thank you, Speaker and Members of the House. I move that House concur in Senate Amendment 1 to House Bill 956. This is an issue involving the Freedom of Information Act. Currently, there is no statute of limitations under which somebody could file suit if a public body denied a request for information under FOIA. This imposes a 60-day time limit after the final interior… internal appeal has been denied for someone to file suit. I know of no opposition and I’d appreciate your support for this clarification and streamlining of the freedom of information process. I’m sorry, the Motion was to Concur in Senate Amendments 1 and 2.”

“The Lady moves that the House concur in Senate Amendments 1 and 2 to House Bill 956. Is there any discussion? Then the question is, ‘Shall the House Concur in Senate Amendments 1 and 2 to House Bill 956?’ 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 115 voting ‘yes’ and 0 voting ‘no’. 09300133.doc 66  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 And the House does concur in Senate Amendments #1 and 2. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 25 of the Calendar is House Bill 2572. Representative Saviano. The Gentleman wish to move on that Bill? Okay. How about on page 25 of the Calendar, Representative Dugan, would you like us to move on House Bill 3882? The Lady from Kankakee, Representative Dugan.”

"Thank you, Speaker, Ladies and Gentlemen of the House. I Motion to Concur with Senate Amendment #1 to House Bill 3882. What it does is it removes the controlled substance arson and controlled substance… aggravated controlled substance arsons from the list of forcible felony offenses. I’ll answer any questions.”

Speaker Hannig: “The Lady moves that this House concur in Senate Amendment #1 to House Bill 3882. Is there any discussion? Then the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 3882?’ 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 the House does concur in Senate Amendment #1 to House Bill 3882. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, let us return to House Bill 2572. Representative Saviano.”

“The Gentleman moves that the House concur in Senate Amendment #1 to House Bill 2572. Is there any discussion? Then the question is, ‘Shall the… Shall the House concur in Senate Amendment #1 to House Bill 2572?’ All those 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 the House does concur in Senate Amendment #1 to House Bill 2572. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Froehlich, would you like us to proceed on House Bill 4012? Representative Froehlich.”

“The Gentleman moves that the House concur in Senate Amendment #1. Is there any discussion? The Gentleman from Vermilion, Representative Black.”

“He indicates he’ll yield.”

“Representative Lang.”

“Thank you. Will the Sponsor yield?”

“He indicates he’ll yield.” 09300133.doc 72  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Representative, I am also concerned about this issue. There’s a lot of people injured, dying, but I have some technical issues about the Bill. So, as I understand it, these pictures will be taken of the front of the vehicle, is that correct?”

“Well, will the technology be set up? Is it your legislative intent that pictures be taken from the front and the rear? Because, as you know, from the front, sometimes there’s no plate at all.”

“And in the rear you can’t identify the driver.”

“But, your Bill doesn’t say that.”

“Well, but the technology that’s gonna take this picture doesn’t know that as the car comes whizzing by. So, it has to be set up in advance to take front and rear pictures, does it not?”

“Though it can’t… it can’t decide, ‘oh, on this one I can take a front picture.’” 09300133.doc 73  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“And so… all right. So, I think that’s a minor flaw in the Bill. I don’t know what to do about it at this point, it’s here on concurrence. But I do think it’s a flaw in the Bill. If you don’t take the pictures from both sides you don’t accomplish your mission here. The next issue would be relative to the identification of the driver, how does that get accomplished? Does your Bill specify the mechanism under which we will then identify the drivers? I assume we have a… if we have the license plate and the make of the car, we see the car, we go to that per… the person that’s the registered owner and they say that’s not me and then what happens?”

“Let’s leave aside for a moment how much these… this technology will cost, because I think we all believe it’s worthwhile. But what about the cost… did the State Police talk to you about the cost of the investigations subsequent to the pictures being taken? They have to send a certain number of men and women… women troopers out to a certain number of homes to… to provide citations to a certain number of people, that will take them off the streets and it will require more personnel, I would presume.”

“And so, based on this picture and an image, the State… State Police is going to, without talking to the person, just send them a citation in the mail?”

“Well, who’s going to make that decision at the Office of the State Police as to whether the person driving the vehicle and the owner are the same person?” 09300133.doc 75  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Is there something in your Bill that requires that they be trained in photographic evidence?”

“One other question, Representative. If the goal here is not to punish but to slow people down in work zones, is it your intention, is it in the Bill that there be signs posted outside of each construction zone where these….

“Where this technology’s taking place saying, ‘Warning, your picture may be taken if you speed?’”

“And would these signs specifically refer to pictures being taken?”

“Thank you. I’ll support your Bill, Representative.”

“The Gentleman from Champaign, Representative Rose.”

“He indicates he’ll yield.”

Speaker Hannig: “The Gentleman from Cook, Representative Molaro.”

“I’ll be… I’ll be real quick. I… I’ve never voted for any of these things, I’m like the Reverend Dr. Black when it comes to speaking about, you know, this cop in a box. I don’t know where we’re going with this. However, I like the part that Lou Lang just talked about when he said you put this big sign up there. You know, I’m gonna vote ‘yes’ also and I’m looking for my reluctant ‘yes’ button. Apparently we don’t have one, so I guess I’m gonna have it vote ‘green’. I… I just don’t… actually, like it’s… you know, those state trooper cars that they leave out there without the state trooper, I’m voting for this Bill just so these big signs may stop somebody. And I believe what Representative Rose said, and he’s an able prosecutor. And I’ve been trying to get people out of those tickets for the last three and a half years as a defense attorney. But, that being said, I just hope that these signs slow it down. These workers deserve a break, no pun intended. And hopefully, just those signs will stop… I hope they never enforce it, but I’m gonna vote ‘yes’ for that reason and because you’re a great Sponsor. Thank you.”

“Representative Froehlich to close.”

“The question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 4012?’ 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 107 voting ‘yes’ and 8 voting ‘no’. And the House does concur to Senate Amendment #1 to House Bill 4012. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Boland, for what reason do you rise?”

“Thank you, Mr. Speaker. My switch was not working on House Bill 3882. I would like to be recorded as a ‘yes’.”

Speaker Hannig: “The record will reflect your intentions. Representative Aguilar, are you prepared for House Bill 4108? The Gentleman from Cook, Representative Aguilar.”

“The Gentleman asks that the House concur in Senate Amendment #1. Is there any discussion? Then the question is, ‘Shall the House concur on Senate Amendment #1 to House Bill 4108?’ 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 115 voting ‘yes’ and 0 voting ‘no’. And the House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Davis, Will Davis, are you ready on House Bill 4280? The Gentleman from Cook, Representative Davis.” Davis, W.: “Thank you, Mr. Speaker. I move that the House concur with Senate Amendments 1 and 2 with House Bill 4280. Senate Amendment #2 becomes the Bill and it addresses some of the due process concerns by requiring a municipality to first provide the property owner with a public hearing before a hearing officer of court… circuit judge can… they can rule. And then to obtain a lien prior to the collection of an overdue cleanup cost, before it becomes a special assessment, and then once these costs are paid, the lien is removed. I know there was some concern in committee this morning regarding both of the Amendments. Unfortunately, because Senate Amendment #1 was not tabled 09300133.doc 80  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 or rescinded and subsequently passed, we have to deal with both of the Amendments. And essentially, Amendment #2 becomes the Bill and ultimately negates Senate Amendment #1. So, I ask for concurrence on House Bill 4280.”

“The Gentleman moves that the House concur in Senate Amendments #1 and 2. And on that question, Representative Black.”

“He indicates he’ll yield.”

“Representative Flider.”

“The Sponsor yield?”

“He indicates he’ll yield.”

“Representative, if I could give you a hypothetical situation. Let’s say that an individual who owns a piece of property decides to not have garbage service and the garbage piles up. And let’s say that the city decides to fine that individual or file a complaint against that individual, and then takes that individual to court and is successful and then a fine is levied against an individual who has garbage piling up. However, the individual homeowner decides not to pay that fine. Would this legislation remedy the sit… the situation that I’m referring to in my hypothetical?” Davis, W.: “If you’re… if you’re speaking of whether or not the resident of a property chooses not to pick his garbage up… let me make sure I understand your question.” 09300133.doc 85  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Right. He… he decides… he just… he lets his garbage pile up and the city says, ‘We’ve had enough and we’re gonna file a complaint.’ They go to court, the judge rules for the city, the resident owns… owes a hundred dollars as a fine, decides not to pay the city, owes the city a hundred dollars. And so, I guess my question would be could the city then take some kind of action, under your legislation, to insure it gets it’s hundred dollars?” Davis, W.: “Well, the way that… the action that the municipality can take, as outlined by the legislation, is they can first start by placing a lien on that property. Now, the language says that they may place a special assessment on… on the property. Certainly, after due process has been issued, if the homeowner then decides not to remove the trash, there is a lien provision and then it says that they may move forward and probably… and possibly place a special assessment then on the property. Now, whether or not that gets them to ultimately take away their garbage, unfortunately the legislation does not specifically address that. We hope that a homeowner will take enough pride in their property, such that… that they will wanted to get… they will not want it to get to this point and will pick up the garbage and make sure that they have a livable arrangement. I know that gets into some other issues, public health issues as well, but the provisions of the legislation simply call for a lien and possibly a special assessment on the property to try to collect those particular fines.” 09300133.doc 86  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“So, in the… in the case of a situation where a person just violated the properly… prop… the… the city code, decides to thumb their nose at the city code and, effectively, the rest of the citizens of the city, at some point that person will have to ensure that they pay their penalty, that they were… where they were convicted or they were found by a court to be guilty of a certain violation.” Davis, W.: “I’m… I’m sorry, unfortunately couldn’t hear your exact question. Mr. Speaker, having a little trouble hearing.”

“So, your… your legislation would ensure that if somebody is fined and found guilty in a court of law, is assessed the penalty, that that penalty will be paid, ultimately, one way or another?” Davis, W.: “Yes, Sir, it does. And particularly, if that individual decides they want to sell that property at some point, then in order to dispose of that property that particular fine will have to be dealt with before it can be sold.”

“We… we’ve heard today, in debate, a couple different ways of… of assessing fines and making sure that a city could deal with people who… who violate the… a city code. In one instance, by not having garbage pick up and… and perhaps having the water shut off as a penalty to get them to comply, versus this method which insures that there is due process and insures that somebody cannot thumb their nose at a city or at the rest of its citizens and one day or another… one way or another, if they are guilty and 09300133.doc 87  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 found to have to pay a fine by a court then the city would be able to recoup at least the fine and some of the costs associated with that… that specific penalty or that specific violation. And so, for that reason I… I would rise in support of this legislation. I think this is a preferable way to ensure that somebody who’s violating a code will ultimately have to pay for that violation one way or another. And while certainly no situation is perfect, I would also suggest that… I know that cities, at least the cities I’ve been… I have worked with, have worked with citizens. They understand situations where citizens may not have… you know, maybe the lawn’s not being mowed because somebody is ill and neighbors kick in… pitch in to help out. Or there are other situations, neighborhood groups help… kick in to help out. But in this situation, I think this is a preferable way to ensure that a city can recoup its cost for those who violate the codes of the city. Thank you.”

“Representative Meyer.”

“Yes, state your inquiry.”

Speaker Hannig: “Well, Representative, just on a technical point, I think it’s fair to say that the… that if there was a series of Amendments that delete everything after the enacting clause, that the last one would be the one that would remain.”

“Representative Pankau.”

“He indicates he’ll yield.”

“Representative Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. Will the Sponsor yield?” 09300133.doc 90  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“He indicates he’ll yield.” Davis, M.: “Representative, part of your legislation states that if a person has debris, or what have you, in their yard, that they can be cited for that.” Davis, W.: “Well, the legislation itself doesn’t state that. The municipalities already have their own ordinances in place that speak to whether or not… or speak to what an individual can or cannot be cited for. This is just a mechanism by which if the person that’s been cited does not pay that fine when it’s been issued, that there is a process in place by which the municipality can ultimately collect…” Davis, M.: “Let me… let me… let me just share with you what one of my concerns are. A senior citizen who’s husband was making repairs on the repor… on the porch, had ordered supplies and they were in the yard and the husband dies. This immediately cuts that… that widows income in half, there’s debris, as some may call it, in the yard. She’s dealing with the death of her husband and at some point she will have to pay someone to complete the work he started. My concern is that this person will be cited and harmed further.” Davis, W.: “Not necessarily, Representative. First of all, you… you talked about a widow, possibly… possibly a senior citizen. So, if we’re talking about a porch, now mind you there might be some safety issues, so we certainly want that safety issue to be… to be rectified. And mind you, the legislation calls for due process, which means yes, she 09300133.doc 91  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 may be cited, but then based on the circumstances as you’ve indicated in that situation, she has the ability to go and present that case before a hearing officer or a Circuit Court judge, who can then… who can then weigh in on that situation based on the specific circumstances or extenuating circumstances in that situation.” Davis, M.: “Let me ask this question. Thank you. The cars that you’re speaking of, where are they?” Davis, W.: “I’m sorry?” Davis, M.: “The vehicles. Where are the vehicles?” Davis, W.: “That depends on the local ordinance. There are some local ordinances that say inoperable vehicles parked in front of the houses, on the side of the houses, whether they’re parked… that’s… that’s gonna be determined by that particular local ordinance as to what is… what the definition of a inoperable vehicle is and where that vehicle is or is not located.” Davis, M.: “Representative, is the purpose of this legislation to raise funds for municipalities? What is the purpose?” Davis, W.: “Well, it’s not so much to raise funds from municipalities. But municipalities, particularly in my district, that are working very hard to keep their communities clean, keep their communities safe, this is a mechanism hoping… hopefully that will encourage homeowners to make sure that their properties are kept up. That their clean, that their grass is cut, that it’s free from debris, possibly free from rodents or vermin. So, it’s not to 09300133.doc 92  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 raise funds, but it’s to encourage homeowners to… to take care of their properties.” Davis, M.: “I understand. Let me give you an example. My… one of my neighbors recently suffered with breast cancer, she has a little boy who’s two. During this emergency in that family, their grass was not cut. And I don’t think too many people mind it who knew what the circumstances were. Occasionally, another neighbor would cut her grass for her. But off times it was at a much higher height than the rest of the community because she was hospitalized with surgery from breast cancer. And the people who came to the house were just concerned with taking care of the little boy, and the husband was going to work everyday. These are real circumstances. So, in your municipality, if that’s the one you are trying to protect, are you saying the community ignores the ordinances?” Davis, W.: “Un… unfortunately, in some municipalities residents do simply ignore the ordinances. Now, you presented… you presented a very compelling situation. And… and mind you, in terms of those people that are in favor of this, the City of Chicago is supporting this particular piece of legislation. And again, I…” Davis, M.: “I’m not surprised. Continue.” Davis, W.: “Our intent is not to necessarily penalize individuals, we’re just trying to encourage individuals to take care of their property. But because in situations like the one you just described, there is a due process 09300133.doc 93  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 mechanism here. That way that husband may be able to go before this hearing officer…” Davis, M.: “So, he should have that on his back, as well as his wife’s illness. He should have it on his back that he’s gotta go to court and tell why his grass hasn’t been cut in two weeks.” Davis, W.: “Well, even… even without this particular ordinance, if that municipality has ordinances in place currently, then that’s something that a homeowner is going to have to deal as well. We certainly feel for that particular gentleman and the situation of his family, but that’s something he would have to deal with anyway.” Davis, M.: “So, Representative…” Davis, W.: “This is just a mechanism hoping to ensure…” Davis, M.: “Once they go to court…” Davis, W.: “…that the… that the fines are paid.” Davis, M.: “Once they go to court and they would tell perhaps what the circumstances are, then a judge… is it a hearing officer or a judge?” Davis, W.: “The… the legislation calls for either or. They can go in front of a hearing officer or a Circuit Court judge.” Davis, M.: “So with this legislation, would municipalities have to hire additional hearing officers?” Davis, W.: “I would imagine not. Most municipalities, at least in my district, they already have these types of hearing officers in place that deal with local ordinance violations.” 09300133.doc 94  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Davis, M.: “But if we’re adding to them, which kinds of cases would come before them? I would think they would need additional hearing officers.” Davis, W.: “That depends on the community. That depends on how many residents they have that are violating those particular ordinances. There may be more residents, there may not be.” Davis, M.: “Do you think that, if the person cannot afford to pay the fine, then you say you put a lien on the house?” Davis, W.: “Yes, Ma’am.” Davis, M.: “So then the house cannot be sold until the lien is…” Davis, W.: “Until that lien is disposed of.” Davis, M.: “To the Bill, Mr. Speaker. You know, this Bill will probably get a number of votes, but I have to agree with my colleague over here who said, in our opinion, we’re being a bit too punitive to too many people. When people purchase property, they have made an investment. Most times they want to do what is right to keep that property in tip-top conditions, and I think that most city ordinances already take care of what you are trying to solve. You know, I would really disagree that all of these cases where people don’t cut their grass or Junior has a car and the car needs repairing… the car needs repairing, we’re gonna cite that person. You know, how much can our taxpayers stand? How heavy are we going to continue to be on their backs? These people pay property taxes, taxes on their utilities, water bills. These are people that are keeping that local 09300133.doc 95  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 municipality going. Now, there is one committeeman, I think it’s Zucarelli, he has a committee that takes the name of the people who need their grass cut, then he has some volunteers, senior citizens, who go cut the grass for those people. So, this is where government is trying to help instead of hurt. And I respect you, I know you have the most… the best intentions in the world and your Bill will probably fly, but I cannot continue to vote to hurt people who simply go to work everyday, pay their taxes, and are trying to do the best they can by their children. And every time they look up, here is the government in their pocket. It’s wrong. And I do… I know you don’t have bad intentions, but I believe this Bill will lead to the hurt of many innocent families. And I would urge a ‘no’ vote.”

“Representative Lyons.” Lyons, J: “Speaker, I move the previous question.”

“The Gentleman moves the previous question. The question is, ‘Shall the main question be put?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The main question is put. And Representative Davis to close.” Davis, W.: “Thank you, Mr. Speaker. I appreciate all of the concerns of Representatives. And I am a firm believer that nothing in this House is final. And I just simply ask for an ‘aye’ vote.”

“The question is, ‘Shall the House concur in Senate Amendments and 2 to House Bill 4280?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted 09300133.doc 96  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 who wish? Mr. Clerk, take the record. On this question, there are 60 voting ‘yes’ and 55 voting ‘no’. And the House does concur in Senate Amendments 1 and 2 to House Bill 4280. And this Bill, having received a Constitutional Majority, is hereby declared passed.”

Speaker Turner: “Representative Turner in the Chair. The Gentleman from Lake, Representative Sullivan, for what reason do you rise? On the Order of Concurrences, page 26, we have House Bill 4426. Representative McAuliffe. Read the Bill, Mr. Clerk. I’m sorry. Representative McAuliffe, on a Concurrence Motion.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 4426?’ 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, 09300133.doc 97  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 4450. Representative Kelly. Read the Bill, Mr… No, Representative Kelly.”

“Thank you, Mr. Speaker. I move that we concur with Senate Amendments 1 and 2. The Bill, as amended by these 2 Amendments, requires that consumer contracts of 12 months or more, with automatic renewal clauses, the businesses shall disclose the automatic renewal clause clearly and conspicuously in the contract, and also send a written notice to consumers between 30 and 60 days before the automatic renewal takes place. This notice shall disclose that unless the consumer cancels the contract, it automatically will renew and it also will disclose where the consumer can obtain details of the automatic renewal provision and cancellation procedure. This Act does not apply to national and state banks, credit unions, trusts, and their subsidiaries and affiliates are exempt from this Act. And it also does not include entities licensed under the Residential Mortgage License Act of 1967. And it does not apply to business-to-business contracts. Violation of this Act also is in violation of the Consumer Fraud and Deceptive Business Practices Act.”

“The Lady from Cook, Representative Graham, for what reason do you rise?”

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

“She indicates she will.” 09300133.doc 98  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Representative Kelly, is this… is it the intent of this legislation to apply to pre-need contracts?”

“No, this legislation is not intended to apply to pre- need contracts.”

“Is it the intent of this legislation to apply to cemeteries and funeral homes who provide services on a at need basis and have open accounts for families and… until the accounts are paid?”

“No, it’s not the intent of House Bill 4450 to apply in those situations.”

“Okay. Thank you.”

“Seeing no further question, the question is, ‘Shall the House concur in Senate Amendments 1 and 2 to House Bill 4450?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 4771. Representative Dugan. Read the Bill, Mr…. I mean, Representative Dugan.”

"Thank you, Chairman. Ladies and Gentlemen of the House, I Motion to Concur with Senate Amendment #1 to House Bill 4771. What the Senate Amendment does is delete current language that requires marital rape to be reported within 30 days in order to be prosecuted. By eliminating 09300133.doc 99  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 this language, the Senate Amendment #1 would make the reporting period and statute of limitations for marital rape identical to the reporting period and statute of limitations that apply to rape cases generally. I’m open for questions and would ask for a ‘yes’ vote.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 4771?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Page 27, we have House Bill 4960. Representative Brauer. Representative Saviano.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 4960?’ 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 09300133.doc 100  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 are 113 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have House Res… House Bill 4977. Representative Biggins. Out of the record. We have House Bill 5017. Representative McCarthy.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur in Senate Amendments 2, 3, and 4 to House Bill 5017. This is a initiative of the Illinois Association of Fire Protection Districts, Northern Illinois assoc… Alliance and Fire Protection Districts, the Office of the State Fire Marshall, Illinois Fire Service Association, Illinois Fire Chiefs, Illinois Fire Safety Alliance, Illinois Firefighters Association and the Illinois Professional Firefighters Association. House Bill 5017 left this chamber 114 to 0. When it got over to the Senate there were a couple other Bills that didn’t get out of Rules, such as House Bill 4958, sponsored by Representative Bost, that passed this chamber 118 to 0. So, that is actually Amendment #2. Amendment #3 is a technical Amendment that cleans up some of the language in Amendment #2. Amendment #2 also includes my original thing that allowed… it was a permissive thing for the fire districts that they may require new applicants and new applicants only to have some kind of EMT training. And finally, Senate Amendment #4 was another Bill that passed the House, I don’t know the number of it, but it basically allowed fire chiefs to request criminal background checks 09300133.doc 101  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 for new applicants. So, I would ask for the House to concur.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendments 2, 3, and 4 to House Bill 5017?’ 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 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 5023. Representative Sacia. 5023.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 5023?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this 09300133.doc 102  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 5057. Representative Feigenholtz.”

“Thank you very much, Mr. Speaker. This is a very simple Motion also, it change… it’s a simple change. We’ve removed the words ‘reintegration’ and inserted the words ‘transition’ throughout this Bill so that it corresponds with another Bill that’s coming through for long-term care. I’d be glad to answer any questions.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendments 1 and 2 to House Bill 5057?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 28 of the Calendar we have House Bill 5215. Representative Kosel.”

“The Lady from Cook, Representative Flowers, for what reason do you rise?” 09300133.doc 103  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

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

“She indicates she will.”

“I’m sorry, Representative Kosel, what is the purpose of Amendment #1, please?”

“In regards to transportation for children?”

“Thank you.”

“Representative Flowers.”

“One more question, Representative. So, you’re making it more often for them to apply?”

“Okay. Thank you.”

“Seeing no further questions, the question is, ‘Shall the House Concur in Senate Amendment 1 to House Bill 5215?’ 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 112 voting ‘aye’, 2 voting ‘no’, and 0 voting 09300133.doc 104  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, page 28, we have House Bill 6567. Representative Rita.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1. What it does… it’s a technical change removing two words, ‘related emergency service charges’, something that the… found was a problem when it went to the Senate.”

“Seeing no questions, the question is, ‘Shall the House Concur in Senate Amendment 1 to House Bill 6567?’ 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 99 voting ‘aye’, 12 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 6583. Representative Sacia.”

“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“Seeing no further question, the question is, ‘Shall Senate Amendment 2 to House Bill 6583 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 5415. Representative Howard.”

“Yes, thank you, Mr. Speaker. I move for concurrence. The Senate is indicating that they believe that the president of the board ought not to be able to designate someone to substitute. I am going to agree with them.” 09300133.doc 106  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Out of the record. Mr. Clerk, would you care to read the Rules Report? Resolutions. Resolutions, Mr. Clerk.”

“Agreed Resolutions.”

“Representative Currie moves for the adoption of Agreed Resolutions. All those in favor should say ‘aye’; all those opposed say ‘no’. Opinion of the Chair, the ‘ayes’ have it. And the Resolutions are adopted. On the Order of Concurrences, page 28, we have House Bill 6760. Representative Dunn. Read the… Mr. Dunn.”

“Excuse me. You may… you may proceed, Mr. Dunn.”

“The Gentleman asks leave… no, the Gentleman move to nonconcur with Senate Amendment 1 to House Bill 6760. All those in favor should say ‘aye’; all those opposed say ‘no’. Opinion of the Chair is the ‘ayes’ have it. And the House does not concur with Senate Amendment 1. And Representative Dunn, on your second Motion.”

“Seeing no questions, the question is, ‘Shall the House… Sorry, the Gentleman from McHenry, Representative Franks, for what reason do you rise?”

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

“He indicates he will.”

“I just want to make sure I understand what’s happening here. We non-concurred with Senate Amendment #1, correct?”

“Correct.”

“And now we’re just dealing with Senate Amendment #2?”

“Correct.”

“Okay, so to the… will the… the Sponsor will yield. This Amendment #2 is creating a property tax exemption for an entity that’s renting out a parking lot for mass transportation, is that correct?”

“Okay. Why… now, doesn’t this amend Amendment #1?”

“Okay. Now… because I’m… when reading the amended… the Amendment, it says this amends the Bill as amended.”

“In the Bill. In the Bill itself. That’s what I’m confused on.”

“Okay, so this Senate Amendment #2 is amending House Amendment #1?”

“And Senate Amendment #1 in the Senate?”

“I just wanna make sure this is done correctly. I know what you’re trying to do.”

“I’m worried about the procedural aspect here, the way it’s written. Could we take this out of the record for a few minutes and take a look at it?”

“Thanks, I appreciate that. Thank you.”

“On the Order of Concurrences, page 29 of the Calendar, Representative Bailey on House Bill 6811. Out of the record. On the Order of Concurrences, we have House Bill 6983. On page 29 of the Calendar, Representative May.”

“Yes, Mr. Speaker, I move to concur with Senate Amendment #1 to House Bill 6983. It merely clarifies and tightens up two more things. This is a Bill for IUS Products to assist our manufacturing economy in this state in buying from the state. So, the purchase of manufactured articles, there are two exemptions here. One of them is articles related to telecommunication services. In presenting the Bill on the floor CMS said that this was exempt, but this just clarifies it. And the other is where the Food and Drug Administration deals with pharmaceutical products, etc.” 09300133.doc 110  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Seeing no questions, the question is, ‘Shall the House… I’m very sorry. Representative Black, the Gentleman from Vermilion.”

“She indicates she will.”

“No mention of what? I didn’t catch what you asked.”

“You know what? I have to check the Bill, I don’t think that that’s in the original Bill.”

“The…”

“Representative, I’m so sorry I wasn’t here when you sponsored the Bill that America… you know, that anything but an American car couldn’t spon… couldn’t park on state property, but I assure you I could park on state property…”

“…with… with my Lincoln, which is manufactured right here.”

“I was… I was very careful to check on that before I bought it, Representative, and I… as I know you are.”

“No one really asked for it. And quite frankly, the underlying Bill says that we should buy American unless it’s not reasonable… it’s not available in reasonable quantities, if it’s not available or price, or the quality isn’t the same, or it’s not in the public interest. So, quite frankly, if it’s not available, if there isn’t…”

“…a television set that was made in the U.S., it would be covered in the original Bill.”

“Absolutely, yes.”

“We’ve worked with many state agencies and… and dealt with the complicated Procurement Code.”

“No… I… in working on this Bill.”

“Yes.”

“I would be happy to check, but the only thing you need to be careful of, Representative, that it doesn’t violate the commerce clause at the federal level.”

“It doesn’t?”

“Representative….”

“Well, I have a great deal of respect for our Majority Leader…

“…sitting right in front of me, so I would be happy to talk to her tonight about it.”

“Thank you, Sir.”

“The question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 6983?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 7015. Representative Verschoore.”

"Thank you, M… Mr. Speaker, Ladies and Gentlemen of the House. I move for concurrence in Senate Amendment #1. I’d be glad to answer any questions.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 7015?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this 09300133.doc 114  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 7029. Representative Flowers.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur with House… Senate Amendment #1 to House Bill 7029. And I’ll be more than happy to answer any questions you have.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate…. I’m sorry, the Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“She indicates she will.”

“That’s how it reads, Sir.”

“Yes.”

“Representative.” 09300133.doc 115  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“I concur with Amendment #1. Senate Amendment #1.”

“I do concur with Senate Amendment #1.”

“Thank you, Sir.”

“The question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 7029?’ 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 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 7057. Representative Bradley.”

“Thank you, Mr. Speaker, Members of the House. I move to concur on Senate Amendment #1. Number 1 is identical to the House Bill 7057 except it deletes the Bills probation fee increase and repeals the $10 per month probation fee increase. Senate Amendment #3 also directs the courts to direct the offender not to have any contact with anyone associated with his crime. Also, specifically as to evaluation, it changes the following: it eliminates the requirement that the Sex Offender Management Board approve any experts retained by the respondent in a civil crim… 09300133.doc 116  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 committal proceeding. Also for criminal proceedings, presentence investigations would only be required where probation was being considered. This would not prevent the court from ordering a presentence investigation at its discretion. It also extends the time for filing requiring presentence reports from 30 to 60 days after a conviction of a sex crime. It also extends the required presentence report and required sentencing hearing to all offenses defined as sex offenses. The Bill also increases the monthly fees that may be charged to sex offenders for conditional discharge and supervised community service.”

“Seeing no questions, the question is, ‘Shall the House concur with Senate Amendments 1 and 3 to House Bill 7057?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, on page 27, we have Representative Biggins on House Bill 4977. Representative Biggins.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 4977?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Second Readings, we have Senate Bill 2496, page 18 of the Calendar. Representative Feigenholtz. Read the Bill, Mr. Clerk.”

“Third reading. On page 18, we have Senate Bill 2499, Representative Feigenholtz. Read the Bill, Mr. Clerk.”

Speaker Turner: “Third Reading. I’m sorry, Representative Feigenholtz on Amendment… Floor Amendment #1.”

“Thank you, Mr. Speaker. This is a piece of the Bill that remains. It addresses the issue of prohibiting loans, contingency loans, for the purposes of an adoption.” 09300133.doc 118  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #1 to Senate Bill 2499?’ All those in favor should say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”

Speaker Turner: “Third Reading. On the Order of Second Reading, page 19 of the Calendar, we have Senate Bill 2880. Representative Hamos. Read the Bill, Mr. Clerk.”

“Out of the record. On the Order of Second Readings, page 18 in the Calendar, we have Senate Bill 2375. Representative Osterman. Read the Bill, Mr. Clerk.”

“Mr. Speaker, Ladies and Gentlemen of the House, Floor Amendment #1 becomes the Bill and Senate Bill 2375 amends the Illinois Procurement Code by requiring the prospective vendors, prior to contracting or soliciting… putting in solicitations for state contracts, disclose any services under the contract that may be performed outside of the United States. Additionally, it gives the chief 09300133.doc 119  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 procurement officer the ability to consider those disclosures in awarding the contract. If there’s a breach of the contract, based on work being performed outside of the country, it gives the CMS director the ability to counsel… cancel that contract for breach of the contract. And likewi… it also adds that reports regarding any work being worked outside of the state in regards to this legislation be reported in the report to the General Assembly in 2007. With that, I’d ask for Amendment to be adopted.”

“The question is, ‘Shall the House adopt Floor Amendment #1 to Senate Bill 2375?’ All those in favor should say ‘aye’; all those opposed say ‘no’. The opinion of the Chair, the ‘ayes’ have it. And the Amendment #1 is adopted. Further Amendments?”

Speaker Turner: “Third Reading. On the Order of Third Readings, on page 14 of the Calendar, we have Senate Bill 2222. Representative Wyvetter Younge. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Lady from St. Clair, Representative Younge.”

“Thank you, Mr. Speaker. Senate Bill 2222 creates the Mid-America Medical District. Number… Amendment #1 becomes the Bill and Amendment #2 changes the members of the 09300133.doc 120  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 commission to three appointed by the Governor, three appointed by the county chairman and three appointed by the Mayor of the City of East St. Louis. The commission would have the power to build hospitals and clinics and technology centers and laboratories in and around St. Mary’s Hospital, Kenneth… Kenneth Hall Hospital in East St. Louis. As a result of the comments in committee, the commission would have no eminent note domain power or quick-take or ability to float bonds. And any debt of the commission would not be the debt of the state. This Bill is supported by Southern Illinois University School of Nursing, the president, the owners of the hospital, the mayor and the county chairman. And it’s very important to my district and I ask you to please pass it.”

Speaker Turner: “The Gentleman from DuPage, Representative Meyer, for what reason do you rise?”

“She indicates she will.”

“It’s to be located in and around St. Mary’s Hospital, the Kenneth Hall Hospital in East Saint Louis, Illinois.”

“It’s right in the center of St. Clair County.”

“Well… I would think 20, 30 miles from Madison. The City of Madison?” 09300133.doc 121  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“I… I think that we will take some action in reference to doctor, and I think there is a medical district that stabilizes the hospital. This will make the area more attractive to doctors. And Doctor Smith, who testified in committee, said that he even thought that the medical malpractice insurance polic… problem could be facilitated or helped by the medical district.”

“It’s that the Governor will appoint the chairman.”

“Thank you very much.”

“Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 2222?’ 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 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental Calendar #1, we have Senate Bill 728. Representative Joyce. Read the Bill, Mr. Clerk.”

“Third Reading. Would you read Senate Bill 3191, Mr. Clerk?” 09300133.doc 123  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Hold that Bill on Second Reading. And could you also read Senate Bill 3188, Mr. Clerk?”

“You should hold that Bill, also. For the Members’ direction, I want to tell you that we’re going to the Order of Resolutions. So, if you will turn to page 30 in the Calendar, we’re gonna go down the Calendar in that order. Please let me know if you want your Resolution called. Starting on page 30, the first Resolution that we’re going to address is House Joint Resolution 23. Representative Fritchey. The Gentleman is not in the chamber. On page 31 of the Calendar, we have Representative Flowers on House Joint Resolution 47. Read the Resolution, Mr. Clerk.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Joint Resolution 47 proclaims Wednesday May 28th as ‘We Remember, We Care for the Indigent Person Day in Illinois’. And I would urge for the adoption of the Resolution.” 09300133.doc 124  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

“Seeing no questions, the question is, ‘Shall the House adopt House Joint Resolution 47?’ All those in favor say ‘aye’; all those opposed say ‘no’. Opinion of the Chair, the ‘ayes’ have it. And the Resolution is adopted. We have House Joint Resolution 48, Representative Meyer.”

“Seeing no questions, the question is, ‘Shall the House pass House Joint Resolution 48?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Resolution, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, we have House Joint Resolution 49. Representative Coulson.”

“Seeing no questions, the question is, ‘Shall the House pass House Joint Resolution 49?’ 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 113 voting ‘aye’, 1 voting ‘no’. And this Bill, having received the Const… this Resolution, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, we have House Joint Resolution 55. Out of the record. On the Order of Resolutions, we have House Joint 09300133.doc 126  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 Resolution 60. Representative Munson. The Lady from Cook, Representative Munson.”

“The Gentleman from Vermilion, Representative Black.”

“She indicates she will.”

“I thought we were.”

“They cost money, too.”

“Seeing no further questions, the question is, ‘Shall the House pass House Joint Resolution 60?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received… this Resolution having received the Constitutional Majority, is hereby declared passed. The Gentleman from Jackson, Representative Bost, for what reason do you rise?”

“State your inquiry.”

“We’re consistent. There are no favorites. On the Order of Resolutions, we have House Joint Resolution 55. Representative Poe.”

“Seeing no questions, the Gentleman moves for the adoption of House Joint Resolution 55. 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Resolution, having received the Constitutional Majority, is hereby declared passed. And while we’re on Highway 55, we have House Joint Resolution 68. Representative Brauer, for what….”

“Seeing no questions, the question is, ‘Shall the House pass House Joint Resolution 68?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, page 32, we have House Joint Resolution 69. Representative Brauer.”

“The Gentleman from Vermilion, Representative Black.”

“He indicates he will.”

“State your point.”

“Your Resolution number is?”

“Okay. The question is, ‘Shall the House adopt House Joint Resolution 69?’ 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… Poe… the record. On this question, there are 114 voting ‘aye’, 0 09300133.doc 131  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004 ‘noes’, 0 ‘presents’. And this Bill, having… this Resolution, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, we have House Joint Resolution 78. Representative Bellock.”

“Seeing no questions, the question is, ‘Shall the House adopt House Joint Resolution 78?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having… Resolution, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, could you read the committee announcements?” 09300133.doc 132  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004

Speaker Turner: “Allowing Perfunctory time for the Clerk, Representative Currie now moves that the House stands adjourned until Wednesday, May 26th, the hour of 2 p.m. Wednesday, May 26th, the hour of 2 p.m. I’d like to remind the Members again that there will be caucuses on both sides of the aisle tomorrow at 1:00 in the afternoon. So, at 1:00 there will be a Democrat and Republican Caucus, respectably (sic-respectively). The House will go in Session at 2:00 tomorrow afternoon. The House now stands adjourned.” 09300133.doc 133  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 133rd Legislative Day 5/25/2004