“The hour of 12:00 having came and went, the House shall be in order. We shall be led in prayer today by Reverend T. Ray McJunkin with Union Baptist Church here in Springfield. Reverend McJunkin is the guest of Representative Art Turner. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Pastor McJunkin.”
“Let us bow our heads. Gracious God, our Father, the giver of every good and perfect gift, we come today to say thank You. Thank You for this privilege, this opportunity to come before Your presence. As we’re assembled here in the great State of Illinois, Oh God, we ask that You will abide with us. These who are here, those who are representing, we ask that You will speak with their minds and think with their tongues. Place us, Oh God, speak with their tongues and think with their minds and place us on one accord. For we cannot conduct the business that pertain to You except You be with us. We thank You now, Oh God, for what You’ve done, what You’re doing and what You’re yet gonna do. We pray and we ask these things in the name of our God. Amen.”
“We shall be led in the Pledge of Allegiance by Representative Rob (sic-Bob) Biggins.”
“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.” 09400011.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Roll Call for Attendance. The Lady from Cook, Representative Currie.”
“Thank you, Speaker. Please let the record show that Representatives Feigenholtz, Lou Jones, McKeon and Molaro are excused today.”
Speaker Turner: “The Gentleman from Jackson, Representative Bost.”
“Thank you, Mr. Speaker. Let the record reflect all Republicans are present today.”
“114 Members having answered the call, a quorum is present and we shall proceed with business. Mr. Clerk, Committee Reports.”
“Referred to the House Committee on Rules: House Resolution 86, offered by Representative Cultra; House Resolution 90, offered by Representative Soto; House Resolution 91, offered by Representative Reitz; House Joint Resolution 13, offered by Representative Franks; House Joint Resolution 14, offered by Representative Munson and House Joint Resolution 15, offered by Representative Stephens.”
“The Lady from Grundy, Representative Gordon, for what reason do you rise?”
“Point of personal privilege, Mr. Speaker.”
“State your point.”
“Ladies and Gentlemen of the House, today as we know is Fat Tuesday but it is also Paczki Day. And… I have brought paczki for the House of Representatives from the wonderful 09400011.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Morris Bakery. So, please, as I remember my grandmother Kapinski today, please… enjoy. Thank you.”
“The Gentleman from Rock Island, Representative Boland, for what reason do you rise?”
“Purpose of an announcement, Mr. Speaker.”
“State your purpose.”
“The Financial Institutions Committee will not meet today.”
“The Lady from Cook, Representative Yarbrough, for what reason do you rise?”
“Thank you, Mr. Speaker. I stand for a… announcement. The Housing & Urban Development Committee meeting for 4:00 is canceled.”
“The Gentleman from Vermil… from Black… The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you, Mr. Speaker. On page 4 of the Calendar, there appears a Motion I filed in writing. At this time, if the Chair is amenable, pursuant to House Rule 60(b), I move to table House Bill 680.”
“The Gentleman asks leave that House Bill 680 be tabled. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment is tabled… the Motion… the Bill is tabled. On the Order of Third Readings, page 3 of the Calendar, we have House Bill 3. Representative Kelly.”
“House Bill 3, a Bill for an Act concerning firefighters. Third Reading of this House Bill.” 09400011.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3 amends the Illinois Municipal Code to allow fire departments to give preference to eligible applicants who are licensed as EMT-B, EMT-1 or EMT-P over nonlicensed applicants. This Bill wants the same options that fire protection districts and police departments have in hiring the most highly qualified applicants. When a eligible applicant who is not licensed as a EMT is hired, it takes 2 to 3 years to train that person. Fire departments would like to be able to hire eligible applicants for open positions who already qualified to perform the full lifesaving duties of a firefighter. I can answer any questions.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“And where is the Sponsor? I’m sorry, I can’t locate her. Mr. Speaker…”
“She’s listening.”
“Where is she? Oh, okay, fine. Thank you… thank you. I can see her now. My question is, is that… the… what is the feeling of the municipal government… the Illinois Municipal League on this legislation?”
“I have not heard from the Illinois Municipal League but I believe they were in the Local Government meeting. But the fire departments are… they’re a proponent, I’m sorry, 09400011.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 and the fire departments are and the fire chiefs and the Police and Fire Commission.”
“Do you say they support it or they do not?”
“They support it.”
“Okay. Is there anybody in opposition to your legislation?”
“Not that I know of.”
“Thank you very much.”
“You’re welcome.”
Speaker Turner: “The Gentleman from Jackson, Representative Bost, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative, it… at any time will these… this special preference for EMT override the veterans’ preferences that are already in place?”
“Not that I know of. This was just to give municipalities the option to hire people that are already qualified. What happens in a lot of municipalities, it takes so long to bring someone up to speed so it costs them more money and there’s a lot of overtime and also, exhausted firefighters.”
“Right. …As… as a firefighter, I understand that. Be… because anytime you can have the opportunity to have somebody already educated in a field, I understand that. But my only concern is, will this law, the way it is drafted, make it to where this is a… above… Right now you have veterans’ preference. Will that veterans’ preference 09400011.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 be overrode by the fact that you have somebody who’s already trained as an EMT?”
“That’s not written in the law that it would supersede that.”
“Is there… is there one… someone in staff that can… can confirm that? And I… I’m gonna support your Bill. I just need to know that we’re not taking a preference away from veterans here.”
“Okay. I would have to ask… No, it’s not. I’m just informed by staff.”
“Okay. So… so if someone has an EMT education, has a license and… and someone is a veteran, the veteran will still go first before that?”
“The municipality can choose to hire someone who has a license but that’s their option. They don’t have to do it.”
“The Gentleman from Vermilion, Representative Black.”
“Yep…”
“I’m sorry. Representative Bost, contin…”
“I… I was just speaking with our staff on that and… and if… if I could have just a moment. Okay. The… Representative, the main concern that we have is, is does this give a separate class of people and I understand that the municipality has to make the choice to do this, but if they do that does it give a separate class equal footing with a veteran? And if it does, we have some concerns there because it’s always been veterans’ preference on 09400011.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 hiring and… and if… if this messes with that, we… we wanna make sure that we don’t do that by accident here.”
“Okay. From my understanding, if there’s a veteran and a licensed EMT, the veteran would still get preference.”
“Okay. That… my… my concern is our staff is seeing something that’s saying… And as I’ve said before, you have a… you have an EMT and you have a veteran, it has always been the case that the veterans gets preference. Now, if all of a sudden we put a second level in there that says, okay and EMTs also get preference, what happens when you have a veteran and EMT. I mean, because we… we’re using the same language, I believe. Is it…”
“Well, actually in non-Home Rule communities, the person who scores the highest on the test, whether a veteran or not, in my experience, they’ve gotten…”
“I… I understand… I understand how the scoring techniques work, but they’re giving… what you’re doing is… is you’re giving extra points for a veteran. Now… now we’re… now what we’re… can run into is, ya know, when… when we say given a test. What happens is there are extra points given even in… in non-Home Rule communities, ‘cause that’s where I came from, and… and you’re given that special… one time you can take your veteran’s points. Now would… in this case, will there be points given or how does that work?”
“No. The veterans will still get the extra points. There are no points given. This just gives the municipality the option. There will be no points given to the EMT. This just gives them the option. There’s… but 09400011.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 there’s no points given to them. The veteran will still get the points.”
“Okay, Representative, all I wanna do is to make sure that… that you’re very accurate in the… in the statement. I… I wanna support your Bill. And I will support it on the word… on… on your word, in this floor, that will not… that this will not take precedence in any community over a veteran. And I… and I will do that on your word. And… and we can make sure if your staff will get with our staff to make sure when it goes over to the Senate that that’s the case.”
“Representative and Mr. Speaker, I’m going to pull the vote… Bill out just to double check and then I’ll bring it back.”
“Okay. I appreciate that. Thank you very much.”
“Okay.”
“The Lady asks leave to withdraw the Bill. Leave is granted. On the Order of Third Reading we have House Bill 20. Read the Bill, Mr. Clerk. Representative Bassi.”
“House Bill 20, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I bring you House Bill 20 which is a Bill that designates each November in Illinois as Alzheimer’s Awareness Month. We have over 200 thousand individuals in Illinois who are living with Alzheimer’s disease. This is a Bill that we passed unanimously last year. It got hung 09400011.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 up in Senate Rules. And I would ask for an ‘aye’ vote, again. Thank you.”
“Seeing no questions, the question is, 'Shall the House Bill 20 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 roll. 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 Third Readings we have House Bill 62. Representative Lang. Read the Bill, Mr. Clerk.”
“House Bill 62, a Bill for an Act creating a commission to study the problems and organic laws pertaining to local government. Third Reading of this House Bill.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. It’s a pretty simple Bill. We have more units of local government in the State of Illinois as any state in the Union. This is a Bill that would create a committee, a bipartisan committee, of House Members, Senate Members and public members appointed by the Governor to study the issues involved that determine whether there are some patterns, whether some units should be suggested for elimination or consolidation. This is after no particular unit of government. For instance, some have asked me if this is something about township government. Actually, I’m a proponent of township government, so this is not 09400011.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 antitownship government in any way. But I do think we oughta let this committee work to determine if we can do something to save the taxpayers a few dollars and to streamline government. I would ask for your support.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“A number of things, Representative. Can you give us an example of what you hope this task force will find that will save the state money?”
“If I knew what that would be, Representative, I would just simply propose it. The… though…”
“Well, I would hope that you’d have a reason. I mean, just to propose something doesn’t do us any good. I mean, it’s… it’s an effort on behalf of the General Assembly and Members who… to do this. Is there something prompting you to come up with this?”
“Simply the fact that compared to the other 49 states in the Union, we don’t have just a couple more, we have substantially more units of local government in Illinois as compared to any other state in the Union. Now, perhaps this committee will come back and say, well, they’re all necessary. Okay. Perhaps they’ll come back and say, there’s no way to consolidate them. Well, okay. For a small investment, we can put a committee together to really for the first time take a look at this to determine if we can make government smaller which, as I understand from 09400011.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 your record, Representative, is something you’ve always supported.”
“Well, thank you. You’re absolutely right. I like that. Are you… is that called major sucking up? I just wanted to know if that was the…”
“How’s it going? Pretty well?”
“Yeah. Not bad. You said a little financial exsp… outlay. What’s a little outlay to you?”
“I have no… I don’t even know what this is gonna cost but these members are not going to get any salary. They’re gonna get expenses. I don’t know how often they’ll meet and I don’t know how much staff time will be necessary. But if… but if in the end, we have either the answer that all of these units of local government are necessary or we have a list of units that are unnecessary or can be consolidated in some way, I think we’ll have done the taxpayers a service.”
“How many members do you envision serving on this? Do you have it spelled out in your legislation?”
“Yes, Sir, it’s 12 Members of the General Assembly and 5 people appointed by the Governor. And… the 5 members appointed by the Governor have to be split 3 and 2.”
“Okay. And all… the meetings will be held only in Illinois? They won’t be held in the Caribbean or anything like that?”
“It… well, if there are any that are in the Caribbean, I’m sure you and I would both volunteer for the task force.” 09400011.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Not me, uh uh. Thank you, Representative.”
Speaker Turner: “The Gentleman from Lake, Representative Mathias, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Representative yield?”
“He indicates he will.”
“I just wanna make sure that as a cosponsor of the Bill, of course, I’m in support of it, but I just wanna make sure I did… request that you change the… the membership of the task force to make sure that each of the four caucuses have an equal amount of representation. I… I believe that was done. Is that correct?”
“The Amendment you suggested to me was adopted in committee last week, Representative. And so now, all… the… there are 12 Legislative Members instead of 10 and there would be 6 from each party and 3 from each party in each chamber.”
“I appreciate you taking our concerns into consideration.”
“Thank you.”
“Representative Lang to close.”
“Ask for your ‘aye’ vote, please.”
“The question is, 'Shall House Bill 62 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 09400011.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Reading we have House Bill 128. Representative Munson. Read the Bill, Mr. Clerk.”
“House Bill 128, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“The Lady from Cook, Representative Munson.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 128 enhances the Social Security Number Protection Task Force by adding one additional member and extending the reporting date. The task force is presently comprised of Members from the Legislature and several state agencies. It was created by legislation last year to examine the procedures used by the state to protect individuals’ Social Security numbers and to make recommendations on how to better protect our citizens from identity theft. After several meetings of the task force, it was determined that we needed to add a representative from the Illinois courts because of the court’s requirement of Social Security numbers on many of their forms. This Bill would add that member. Additionally, the original Bill creating the task force was not signed into law until late summer which did not provide enough time to meet the original reporting date of the first day of the 2004 Veto Session. This Bill changes the reporting date to no later than March 1, 2006. Thank you for your consideration. And I ask for your ‘aye’ vote.” 09400011.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Seeing no questions, the question is, 'Shall House Bill 128 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. The Gentleman from Menard, Representative Brauer, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise for point of personal privilege.”
“State your point.”
“Would everyone help in giving me a warm Springfield welcome to the 5th grade Glenwood Intermediate School class behind me. Thank you.”
“Welcome to Sp… On the Order of Third Reading we have House Bill 153. Read the Bill, Mr. Clerk.”
“House Bill 153, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Froehlich.”
"Thank you, Mr. Speaker. House Bill 153 would simply designate one existing staff person in the Department of Public Health to coordinate men’s health issues. This Bill’s supported by the Department of Public Health. There should be no financial cost. And I know of no opposition. I ask for an ‘aye’ vote.” 09400011.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Seeing no questions, the question is, 'Shall House Bill 153 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? Representative Black? Representative Scully? Representative Flowers? This Bill, having received 114 ‘ayes’, 0 ‘noes’, 0 ‘presents’, is hereby declared pas… having received the Constitutional Maj… Majority, is hereby declared passed. On the Order of Third Readings we have House Bill 174. Representative Osmond. Read the Bill, Mr. Clerk.”
“House Bill 174, a Bill for an Act concerning civil procedure. Third Reading of this House Bill.”
“Thank you, Mr. Speaker and Members of the Assembly. House Bill 174 amends the Code of Civil Procedure to allow a jury of 6 in all cases where the claim for damage is 50 thousand or less. This will still allow either side to request a 12-person jury, if needed. I request your support on this Bill.”
Speaker Turner: “The Gentleman from McHenry, Representative Franks, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield? Representative, this is the first time I see this. And I’ve heard of… I’ve heard of this suggestion before. I’m asking how might this work? Now, when you have an arbitration case… in Lake and McHenry Counties, for instance, it’s mandatory arbitration if it’s less than $50 thousand. And if one of the litigants chooses after 09400011.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 arbitration to reject the award, then they can go forward after paying a $2 hundred fee. Are you aware of that?”
“No, Sir, I’m not.”
“Okay. I’m… I just wanted to give you a little background because my question is, if we pass this Bill the way it’s drafted and if someone has a jury demand whether it be the plaintiff or the defendant, would the jury pool only then be… not the pool, but would the jury, once it’s seated, would it only be 6 by law? Or would it be 12 by law and we would have to request 6? Or would it be 6 by law and we’d have to request 12?”
“The way I understand this is that it would 6 and if you wish to have a 12-man jury, you request it.”
“So, it’d have… it would have to be… either way, the way the civil procedure works, you have to request a jury. So, what you’re saying is basically a change in the civil law that you would on your jury request, you would say whether you wanted 6- or a 12-person jury. Correct?”
“That’s… that’s correct.”
“Okay. I just wanted to understand that. Do… do we have any cost savings estimates on this?”
“I don’t have the figures but there were two reasons that was brought to my attention. The judge that had been in… handling these types of cases for the last 10 years felt that cases would move more rapidly because of the short time in selecting a jury. And second of all, the fact that it would be less cost. I don’t have a figure, no.” 09400011.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Okay. Well… well… that’s okay. I just… I understand what you’re trying to do and I think it’s a good idea. Thank you very much.”
“Thank you.”
“Seeing no further questions, Representative Osmond to close.”
“I request an ‘aye’ vote, please.”
“The question is, 'Shall House Bill 174 pass?' All those in favor say '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 will take the roll. 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 Third Readings we have House Bill 202. Representative Delgado.”
“Thank you… thank you, Mr. Speaker. On… on House Bill 202, I’d like you to return it back to Second at the request of the Sponsor.”
“The Gentleman asks leave to bring House Bill 202 back to Second. All those in favor say ‘aye’; all those opposed say ‘no’. The… Bill’s brought back to Second. The Gentleman from Cook, Representative Delgado, on House Bill 210. Read the Bill, Mr. Clerk.”
“House Bill 210, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Delgado.” 09400011.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Thank you, Mr. Speaker and Members of the House. House Bill 210 amends the Ill… Illinois Early Learning Council Act to require the council to include in its collaborative efforts those related to nutrition, nutrition education and physical activity in coordination with the Interagency Nutrition Council. As we know, more young people are spending more time in early care and education programs. And as move children into the early learning, we have to be prepared to provide the necessary nutrition to… as we continue to work together with the Consortium to Lower Obesity in Chicago Children which convened a summit of advocate summits in the year 2004 at about… on about September 29, more or less. And that was to develop an agenda so that we could start dealing with an epidemic of childhood obesity. And I would ask for your support and your ‘aye’ vote.”
“Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Isn’t… I mean, maybe I’m missing something, but this just seems like it’s a feel-good Bill. Is it really do anything other than coordinate between the two agencies?”
“Right… Actually, Representative Parke, this piece of the legislation is one of five initiatives from the organ… collaboration called CLOCC, the Chicago Consortium to Lower Obesity (sic-Consortium to Lower Obesity in Chicago Children). This one isn’t so much a feel-good, it’s an 09400011.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 important component that actually addresses and brings to light the need to collaborate our efforts to try to address children who are going into ear… education at an earlier stage. So, I’m trying to slus… put some sunshine on the fact that as kids are going to school now at 3 years old and 4 years old, what kind of nutrition programs will the state, the schools and other privates be developing to provide nutritional needs to this new population of children that are now going into early education.”
“Well, let me ask you a question then.”
“Sir.”
“It says here the Voices of Illinois Children support the concept but believe it can be accomplished by administrative rule. Why… why don’t you just do it with administrative rule? Why do we need… this expenditure of a… the cost of a Bill?”
“Well, do… if we could’ve had it done by administrative code, we would have. However, the whole issue to be able to continue to link all the other pieces of the legislation, I’ll be presenting three of the five. This particular legislation to codify it will set it in place for… for other administrations to abide by as we anticipate more children going into early learning education.”
“All right, thank you, Representative.”
“Representative Delgado to close.”
“Thank you. I would just ask for your ‘aye’ vote, Mr. Speaker, on House Bill 210.” 09400011.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“The question is, 'Shall House Bill 210 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 113 voting 'aye', 1 voting 'no', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what’s the status of House Bill 211?”
Clerk Mahoney: “House Bill 211 is on the Order of Third Reading.”
“Move the Bill back to Second Reading. House Bill 236, Representative Nekritz.”
"House Bill 236, a Bill for an Act concerning townships. Third Reading of this House Bill.”
“The Lady from Cook, Representative Nekritz.”
“Thank you, Mr… thank you, Mr. Speaker. House Bill 236, re… allows town… unincorporated town… townships in counties of more than 3 million or namely Cook County the ability to register and regulate door-to-door solicitors. Every other township in the state outside of Cook has this ability and… and I’m just trying to offer the townships in our area the same opportunity. And I’d appreciate your support.”
Speaker Turner: “On that question, the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” 09400011.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“She indicates she will.”
“Representative, other than the fact that this Bill would put townships in Cook in the same situation as all other townships, what… what is the reason for the Bill? Under what… is it to stop door-to-door solicitation?”
“It… it is not to stop it, Sir. It would simply be to allow the townships that… that I represent the same opportunity as townships throughout the state, to regulate that activity. And… and offer the same opportunity that municipalities have, as well.”
“Is there a definition in the current statute of a ‘hawker’?”
“I…”
“What is a ‘hawker’?”
“It would be the… it would be the same definition that would apply for municipalities and other townships around the state.”
“All right. The only problem I had with this Bill back in the 88th General Assembly, is do you have overlaps in your district where municipalities, counties and townships may come together? The municipality may have an ordinance and the township wants to make it a more stringent ordinance. ‘Cause we have some townships that are contiguous with the city boundary.”
“I’m not sure I understand your question. I do have, you know, town… zip codes that include both unincorporated and incorporated areas.” 09400011.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Okay. That… that’s… that was my concern some years ago. If you have a township that also extends into a corporate city limit, which ordinance takes precedent, the municipality or the township?”
“Okay. That… that situation wouldn’t even… wouldn’t occur. It’s either incorporated or it’s not incorporated.”
“Okay.”
“So, the… the…”
“But see, like Capital Township here in Springfield, I… I believe their boundaries and the City of Springfield are identical.”
“Sir, Mr… if there is… if there is an overlap, this legislation would not apply within… within the incorporated area. So, the incorporated area….”
“Okay. So, it’s just the unincorporated area?”
“Right.”
“All right. Does this in any way grant a township in Cook County the authority, implicit or otherwise, to levy a fee on the regulation or the permit for any of the aforementioned hawkers, peddlers, whatever?”
“This legislation does not authorize the imposition of a fee. It… it allows the township to regulate. And it…”
“But…”
“…it, but it doesn’t give them specific authority to impose a fee.”
“…would there not be… would there be… would there not be an implicit authority that if you were gonna regulate this you could charge a fee to do so?” 09400011.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“The legislation… the legislation…”
“Representative, what I’m after, if there’s another reference in underlying law that allows them to charge a fee for that permit.”
“Well, the legislation allows them to require that they register their name and that they make reasonable restrictions on the hours.”
“All right. Now…”
“But does not mention a fee.”
“…in existing… in the existing Township Code is there any mention of such regulatory authority being able… the township being able to charge a fee to… to regulate anything that is incorporated in the Township Code?”
“I don’t… I… I haven’t read the underlying statute.”
“So, it’s not your intent to allow townships to charge a fee for the necessary permit that an itinerant merchant may ask for?”
“I’m sorry, I couldn’t hear you.”
“It is not your intent to allow a township to charge a fee for any permit that the township would issue to a transient merchant, for example.”
“It is… it is my intent to make Cook County townships consistent with the rest of the state so that… that we have a… a one-size-fits-all program for all unincorporated areas.”
“Well, we expect more out of Cook County. You know, it’s, we want…”
“Well, I… I can’t speak for that.” 09400011.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“…we want… we want Cook County to be the leader.”
“But we’re in this case, we’re behind. We’re just trying to catch up…”
“Okay.”
“…to the rest of the state in this.”
“Are you having problems with peddlers and hawkers?”
“The townships in my area brought me this and asked if we… if we would do this because they are concerned about this situation.”
“Okay. One of the things I’ve always wondered about, seriously, in the original township Bill in unincorporated areas, why wouldn’t a politician knocking on your door need a permit? You know, when we go door-to-door during the election cycle and if this law was really going to be enforced, since we only do it three or four months out of the election cycle, why don’t we have to get a permit to go knock on peoples’ doors?”
“I… I think the First Amendment might have some… some bearing on that issue.”
“My point exactly. And wouldn’t somebody trying to make a living be able to invoke the First Amendment protection, as well?”
“I believe this kind of speech enjoys a dif… a different level of protection than… than making a living. We can al… we can debate that. But that’s a separate argument.”
“Okay. Well, if you’re successful, I hope you’ll turn your attention to all of these buying clubs that you get on 09400011.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 cable TV. I mean, there must be 20 on there. And they come into my household and they’re gonna sell me jewelry, vacuum cleaners, something to take the stains out of my shirt. I mean, it… it’s… those people are peddling 24 hours a day. But I… I guess townships can’t regulate that, right?”
“I… I’ll be happy to check into that.”
“Okay. Well, all right.”
“If you get me some information on that, I’ll be glad to read it.”
“Well, I… I’m still not sure what you have against peddlers and hawkers. But I do want you to be in sync with all the rest of the townships.”
“I… I have nothing against peddlers and hawkers. I’m just… I am just trying to bring Cook County up to speed with the rest of the state.”
“Well, and may I say it’s long overdue. And we wish you the very best…”
“Amen. Thank you, Sir.”
“…in your ongoing quest to bring Cook County in line with all of the other units of government in this great state. And it’s way past due. And I congratulate you for that.”
“Thank you, Sir.”
Speaker Turner: “The Gentleman from Cook, Representative Fritchey, for what reason do you rise?”
“Thank you, Speaker. Due to a potential conflict, I’ll be voting ‘present’ on this Bill. Thank you.” 09400011.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“The record will so reflect. The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative, when a township overlaps municipalities and sometimes there’s unincorporated areas. So if a municipality regulates already that area, which some of mine do, who is the one that decides and would the township only have some jurisdiction over the unincorporated area and not conflict with other areas in the township that have municipalities that currently regulate it?”
“The statute requires that the… states that the municipality will supersede in… in the… within the boundaries of the municipality.”
“All right. I’m… I’m a little worried about how townships would regulate this. And say someone wants to pass out political literature, would they need to have…”
“Would pass out what?”
“…political literature. Say the local precinct captain wants to go door-to-door and pass out political literature, would he need a license and would the township forbid them from going, particularly, if it was someone that they disagreed with?”
“No, I believe this would… this would… that would not be covered by this… by this statute. It would not fall within those…” 09400011.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“You believe or you know?”
“It would not be covered by this statute. The other…”
“I mean, we have current situations where some township might forbid it. And then the person would have to sue in order to go out and pass out political literature.”
“I’m sorry, Representative, I’m having a hard time hearing you.”
“I’m saying, in certain situations if someone wanted to be punitive, they could deny someone from going around and pass out… say the precinct captain, political literature and then in order to do it they’d have to file a lawsuit. So, is it… is this defined well in your Bill or is it left up to the township and who in the township would have that authority? Would it be the clerk or…”
“Well, I don’t believe that a… that a candidate would fall with… within the definition of ‘hawkers, peddlers, pawnbrokers, itinerate merchants and transient venders of merchandise.’”
“I don’t know. Sometimes we would be considered hawkers, I would guess, I don’t know. But it’s limited just to that?”
“I’m sorry.”
“It’s limited just to that?”
“It… it is limited to those occupations.”
“And who would make that determination? Would it be the clerk?”
“What… I’m sorry, what was the question, again?” 09400011.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Who would make the determination over what category a vendor or someone passing out literature would fall under?”
“Well, I would believe that the township board would have to pass an ordinance to do this before it would become effective.”
“Currently, staff is giving me a Bill that says, ‘The township board also may prohibit the activities of any categories of persons as it determines to be in the best interests of township residents.’ I don’t know if that’s part of the current Township Code and is admitted only for Cook County or if it currently can be done in Cook County?”
“That is part of the current code. All we have… all we have done is eliminate the… the 3 million resident threshold. That’s part of the current code.”
“Representative, perhaps you should look at the Bill. Our staff says that currently none of this pertains to Cook County. In our township, I would not want the township board to be able to pro… to prohibit activities of any cor… categories of persons as it determines to be in the best interests of township residents because currently, the way they do things is not always ethical. So, quite frankly, I would not want that in a Bill in Cook County. I would urge a ‘no’ vote for this Bill.”
“The Lady from Cook, Representative Nekritz to close.”
“You want me to close? Oh, I… 101 counties are currently… 101 town… townships in the… in the hundred and 09400011.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 one counties are currently able to do this. We are simply trying to expand it to Cook. And I would appreciate your support.”
“The question is, ‘Shall House Bill 236 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sullivan. The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 1 ‘no’, 1 ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings we have House Bill 328. Representative Currie. Read the Bill, Mr. Clerk.”
“House Bill 328, a Bill for an Act concerning property. Third Reading of this House Bill.”
“The Lady from Cook, Representative Currie.”
“Thank you, Speaker and Members of the House. This is a simple proposition. It merely provides that in an apartment rental complex of a hundred or more units, where there is a business office on the premises, tenants may pay their rent there rather than having to schlep to the mailbox on the corner attaching a 37-cent stamp. …This is really to protect particularly seniors and others who may not be comfortable going out in inclement weather. It is a little responsibility for the ownership of the complex. As I say, it applies only when there are 100 or more units and only when the facility has a… a business office on premises. This Bill came out of committee on a unanimous 09400011.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Roll Call. And I hope it will do the same before the Membership of the full House. I’d appreciate your support and I’m happy to answer your questions.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative, can you tell us what the genesis of this legislation is?”
“I understand that there’d been complaints from several buildings, including at least one right here in Springfield, that changes in practice have imposed additional burdens on… on the tenants, some of whom, as I say, are elderly, somewhat infirm. It’s little enough to ask of the building management that when there’s a business office on the premises, people, tenants oughta be able to take advantage of its proximity.”
“Did anybody rise in strong opposition to this legislation?”
“It came out on a unanimous vote in the House Judiciary Committee.”
“Well, now that I see who’s concerned about this. I think this is a fine piece of legislation. Thank you.”
“I knew you would, Representative. Thank you.”
“Seeing no questions, the question is, 'Shall the House Bill 328 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Have 09400011.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 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 Third Reading we have House Bill 335. Representative Currie. Read the Bill, Mr. Clerk.”
“House Bill 335, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“Thank you, Speaker and Members of the House. This Bill would add to the Lobbyist Registration Act the opportunity for State Government officials, including Legislators, to put their names on a no-gift list. The no- gift list would be available through the Secretary of State’s Offices to all lobbyists. As you know, we are limited in the value of gifts we may receive from people with an interest in legislation, people with… and so are other state office holders in interests in other branches of government. But that limit is not a complete prohibition. There are many among us who believe that the Caesar’s wife principle should be upheld. We think it’s important that the interests themselves be aware of who does and who doesn’t want to get these small gifts. The onus should be on the interest class not on individual lawmakers and other State Government officials. I know of no opposition and I would appreciate your support for this measure that can help protect the appearance of integrity in the operations of Illinois State Government.” 09400011.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
Speaker Turner: “The Gentleman from Dupage, Representative Meyer, for what reason do you rise?”
“Thank you, Mr. Speaker. Would the Sponsor yield?”
“She indicates she will.”
“Representative, what… what is genesis of this legislation?”
“Some of our Members and I believe others in other branches of State Government are tired of returning unwelcome tchotchkes (sic-chachka) and other gifts from lobbying organizations. And the idea is here that the lobby groups should know who does not want to get the baubles, the books, the what-have-you and instead of people getting things and then having to return them and make a record of returning them, put the onus where it belongs, on the interests groups themselves. Nobody has to sign up for this list. This is not a requirement. It gives just the option of people who are required to… uphold certain ethical standards to say, not only am I not going to take something more than the law permits but I don’t want anything, even if permitted by law.”
“With this list does this cover only items that are sent by the mail or by FedEx or…”
“Could be things that are dropped off at offices. Could be things that are mailed. Could be things that are sent by virtue of somebody else to present to a person working in State Government.”
“Well, I guess my thought is that we… we have just numerous people walking around the Capitol that… Well, 09400011.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 I’ll give you an example. AARP walks around and… and drops off a pen here or the Heart Association drops off a small, miniature dress to be worn in honor of Woman’s Heart Day, those types of things. Those are gifts I would assume by anyone’s definition. Would those be covered by this?”
“Well, I think that if someone is sending something as a… a symbol of advocacy that perhaps would not be included as a gift. But books and other kinds of gewgaws, tchotchkes, they would. And all… all this does is to say, Members and other state officials who want not to take anything from the lobbying classes, no gifts, no goodies, no treat bags should be able to put their names on a list, putting the lobby groups on notice that they are not interested in being the recipient of that largess.”
“Well, what are the guidelines to determine whether these small… some of these are very small items… fit into one group or the other group in terms of being covered by this law or not being covered?”
“Well, I… I… There are no penalties if a lobbyist inadvertently sends someone… sends something to someone whose name is on the list. I think it’s a judgment call. And I think most lobby groups know that if you’re… if they’re sending you cuddly, little teddy bears that that is not something that serves to advocate a particular position or a particular concern.”
“You indicate that there is no penalty if the lobbyist does not live up to the… honoring the no… no-gift list. Well, what is the purpose of that or wha… what would… or 09400011.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 why would a lobbyist even check it if there’s no penalty for not complying?”
“Well, I believe… I believe that the interests that work in Illinois State Government are by and large honorable. And I think when they see names on the website, names in the materials they receive from the Secretary of State reminding them, for example, of what is prohibited, I think they will abide by this list. And obviously, if I’m wrong, we may come back with… with additional legislation. But I think they are honorable men and women. And I think they will abide by the wishes of Legislators and other state officeholders.”
“Well, Representative, have you given thought to the possibility of including some definitions of what should be covered by this as a part of your legislation?”
“Well, I believe that, first of all, as a commonsense definition of gift but I think there is some description of gifts in the underlying Ethics Act. If you buy me a bouquet of flowers, Representative Meyer, that’s a gift.”
“Well, let me give you another example. Let me give you another example. Wha… what my concern is, is that we have just a number of people walking around the Capitol from time to time. The Future Farmers of America has, in the past at least, come down and given each Legislature… Legislator a box lunch to take to the floor.”
“Yeah, well, under this legislation if I said put my name on that list, then I would hope they would honor my request and take my lunch somewhere else.” 09400011.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“And so, that would be covered and…”
“Yes.”
“In other words, you’re gonna have a group of kids descending on the… the Capitol… to dispense what they think is just a nice favor for allowing them to… to maybe have contact with you or something like that and…”
“No… but… but they are not people who would be covered by the Lobbyist Registration Act. A group of school kids isn’t.”
“They… they would not be, then.”
“So, they would not be expected to read the list. They wouldn’t be expected to know about it.”
“Well, thank you, Representative. You’ve been most kind with your answers.”
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative, I don’t… I don’t have any problem with your Bill. I intend to vote for it. Just… just for clarification. First of all, I don’t see any problems because if you don’t sign up on this list then you don’t have anything to worry about.”
“Right.”
“But… in case you do… All right. You and I’ve been here long enough to know that sometimes the homeschoolers come down and give you a cherry pie or an apple pie. And 09400011.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 if your name was on the list, this doesn’t mean you have to chain… chase after them and say, ‘I… I can’t take this cherry pie.’ Food is exempt, is it not?”
“The onus is on the lobby groups, the interest groups. If they make a mistake, I should imagine some among our number will want to notify them that they were in error.”
“Okay.”
“But again, this doesn’t apply to people who are not prohibited sources.”
“Okay.”
“So, if there’s a school group from your area that comes to Springfield and brings you, ya know, little tchotchkes they made in the classroom, they wouldn’t be expected to know about the no-gift list, nor would they be required to honor it.”
“Jus… just for clarification. If… if a person signs the list and you’re having breakfast down in the Rathskellar and a lobbyist buys you a bagel and a cup of coffee, now… and you’re on the list. Are you supposed to pay for that or say, ‘Oh, I can’t accept a cup of coffee.’ It… is reasonable food and drink exempt?”
“Actually… food… this covers gifts, not food and drink.”
“Okay. All right.”
“But again, any Member in that…”
“Okay.”
“…situation can say, ‘Excuse me, I’d rather buy my own cup of coffee.’” 09400011.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Right. So… so that puts it in synch with the current…”
“Yes.”
“…ethics law.”
“Yes.”
“And then last but by no means least there are some groups, registered lobbyists who must comply, on lobby days that hand out… a hat or a t-shirt and they give one to everybody. If I had signed up on the list, should I let them know, look, I… I shouldn’t take your hat…”
“Well, in fact…”
“…or I really shouldn’t take your t-shirt.”
“They should’ve checked the list. They should know your name is on it.”
“Okay.”
“They shouldn’t even offer it.”
“Okay. All right. So, when all is said and done, this is strictly voluntary. You’re not asking or forcing or implying that any… any Legislator needs to sign up on this list. You can do so if you so desire.”
“Absolutely.”
“All right. Thank you very much.”
“The Lady from Cook, Representative Hamos, for what reason do you rise?”
“Will the Sponsor yield?”
“She indicates she will.”
“So, Representative Currie, did you say that this did not cover dinners that lobbyists buy for us regularly?” 09400011.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“It covers gifts. But again, in a dinner situation, you’re in an easy situation to say, ‘No, thank you, I don’t accept dinners from lobbyists.’ Harder when they send you things through the mail that you then have to pack up and send back.”
“Well, but… actually, I think almost every day or it seems like once a week anyway, the little senior citizen volunteers of AARP come around to our offices and do give us little things. So, that would be covered under this, correct?”
“Yeah, but AARP… and I… certainly, I don’t assume that the individual volunteers who turn up in your office read the website. But AARP will read the website and they will then be in a position to direct their advocates to skip Representative Hamos’s office when they’re handing out their finger exercises, if your name is on the no-gift list.”
“So, I just want to establish for legislative intent. If the little AARP volunteers come around, is there any consequence if for some reason they didn’t… made a mistake and didn’t see our name and they drop something in our office? This is not in the mail, they dropped something in our office. Is there any consequence to any lobbying group from actually violating the list?”
“No. There are no penalties in this Bill.”
“Is there any consequence to a Legislator who has put his or her name on a list to take a gift anyway?” 09400011.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“There’s no barrier to taking the gift anyway. There’s no requirement that if a lobbyist accidentally gives you something, there’s no requirement that you have to send it back.”
“So… so, there are no consequences on either side in this Bill, right?”
“There are no penalties. There may be moral consequences, but there are no penalties.”
“And why would you exclude dinners… why are dinners different than other kind of gifts?”
“Well, they are with the exception that if someone is offering to buy you dinner, you’re there and you can say, ‘No, I don’t accept dinner from lobbyists.’ If they’re sending you something, dropping something off at your office, a physical gift, a thing, an item, you may not be there to say, ‘Excuse me, I don’t accept these.’ That’s why we thought that a no-gift list carried by the Secretary of State in documents that go to lobbyists explaining their responsibilities that this was a better way to handle it.” Hamos: “Okay. Thank you.”
“The Lady from Will, Representative Kosel, for reason… what reason do you rise?”
“Thank you. Will the Sponsor yield?”
“She indicates she will.”
“Thank you. I really like the idea of your Bill and I think it has a lot of merit. I have a couple of questions, though. One of them is, and we have it on our desks today, a motor laws book that came within the last day or so and 09400011.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 it’s an educational tool. The School Board Association also gives us a book that is an educational tool that literally helps us in dealing with our constituents or in our legislative arena. Would those be excluded? Would you not receive those under… under this Act?”
“Well, Representative, I think I would call it a gift. And if… if you noticed, everybody else got one but you didn’t cause your name was on the no-gift list, I would advise you to call the agency, the organization that passed it out, send them a check and ask them to send one to you, too, if you wanted one.”
“Thank you.”
“Seeing no further questions… questions, the Lady from Cook, Representative Currie, to close.”
“Thank you, Speaker, Members of the House. It’s an issue of Caesar’s wife, the appearance of impropriety. Some people feel strongly that to accept any gifts from people with interests before State Government is not the right thing to do. This makes it easier for them to make clear their wishes to those who are on the other end of the gift. And I would be happy to have your ‘yes’ votes.”
“The question is, 'Shall House Bill 335 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 108 voting 'aye', 2 voting 'no', 4 voting ‘present’. And this Bill, having received the Constitutional Majority, 09400011.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 is hereby declared passed. On Third Reading we have House Bill 380. Representative Fritchey.”
“House Bill 380, a Bill for an Act concerning business. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Fritchey.”
“Thank you, Speaker, Members of the Body. House Bill 380 deals with a growing issue for many consumers today and that is the placement of spyware, namely software that’s intended not only to create those pop-up ads but place viruses otherwise tracking users web browsing habits. This is quickly becoming a leading, if not the leading, concern of many computer users. What this Bill will do is prohibit the placement of these types of programs without the user’s consent. There are… is… there are two states presently, California and Utah, which have similar legislation. This legislation will put us at the forefront of the country with the strongest Bill on this subject. There is presently federal legislation pending. We don’t know if and when the Federal Government will take action on this. And we believe that we owe it to our citizens to take action now. I re… I would welcome an ‘aye’ vote. Thank you.”
“Seeing no questions. The question is, ‘Shall House Bill… The Gentleman from Vermilion, Representative Black, for reason do you rise?”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” 09400011.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“He indicates he will.”
“Thank you. Representative, when you were working on this legislation in committee, did you at any time indicate you would hold this on Second Reading while you were trying to work out some arrangements with software companies?”
“No, Sir.”
“All right. Are you aware that the State Police is opposed to the Bill?”
“They are not. I met with the State Police. They’ve said this is not a priority issue to them but they are not opposed to it.”
“They’ve told our staff they are opposed to it.”
“I… I met with the representative from ISP after the committee hearing ‘cause I was surprised to hear that. And I’m telling you, Representative, that…”
“Okay.”
“…they told me directly this is not a priority to them. And I understand that. They have… they have bigger things to deal within tight budget constraints with which to do them. However, ya know, as we have often done, what we try to do is give not just the State Police but all our law enforcement authorities the tools that they need to use should… should this situation arise. With… I want to come back to your earlier comment. I didn’t mean to dismiss it out of hand. I had said and I’ll continue to work with interested parties. If they wanna make suggested modifications to the legislation, we can do it on the other side. I’ll work with them…” 09400011.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Okay. All right.”
“…to do that. We do have a lot of Bills coming through.”
“Okay.”
“We’ve been admonished to try to move things as fast as we can and that’s what I’m doing.”
“It’s my understanding that the reason the State Police has concerns with the Bill is that most people who are going to put spyware on your computer are either located out of state or many of them even out of country. And if the State Police has to investigate this for… and it’s a misdemeanor, I don’t know if we have the resources to send a investigator to the Bahamas or to an off… offshore country or even to another state to investigate who may or may not be promulgating this spyware on computers. It would seem to me, Representative, that the best way to attack this would be federal legislation so that all states would be on… on the same playing field and the feds… excuse me, I shouldn’t say that… the Federal Government would have the resources to go into other states or into foreign countries to get to the bottom of this. I’m not saying it isn’t a problem. I’m just saying that I’m not sure that we should use very scarce resources to send the Illinois State Police to other states or other countries to try and get at this… the root of this problem.”
“Oh, I actually agree with you wholeheartedly. And obviously, nothing would mandate action by the State Police. This is similar to what we have done with the SPAM 09400011.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 legislation and the ‘do not call’ legislation that we’ve promulgated in Sessions past. As I said, there are a couple of versions of similar legislation winding their way through the process in Washington. Should they take action, I would welcome that action and I think we all would, as would the vendors so they have a uniform set of laws with which to respond to. I don’t think that there is reason for us to sit back and wait to see if that may happen. Getting back to the issue of State Police resources. Again, they’ll prioritize. I trust their judgment on how to allocate their resources to do this. But I do think it would be helpful for us to have this as a deterrent.”
“Representative, let me just ask you one thing. Could you accomplish the same thing by a Resolution rather than by putting it in statute?”
“No.”
“My only fear is you’re gonna create a Bill here that… that has no teeth. Because the investigating agency, by your own admission, is not gonna make this a very high priority and may not have the resources to follow up on a company or individuals doing this illegal act who are out- of-state or even out of the country.”
“I… I hear what you’re saying. I… I respectfully… I don’t wanna say I disagree. I… I do have a different viewpoint on, again, the tools that we give to law enforcement. You… you did remind me actually, though, of one of the comments that was raised to me by the State 09400011.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Police. And they said, if you’re going to do this make the penalty stiffer. If, in fact, the industry comes with some amen… suggested modifications that they’d like to see made on the Senate side, perhaps you’d take a look at increasing the penalties along with making those other modifications. But again, we have a number of laws on the books that do not get used but we do have, I think, a certain justifiable comfort level at having those laws on the books. Not just in the signal that it sends but in giving the resources to the authorities in case it do… they do decide to avail themselves of it.”
“All right. Thank you very much.”
“Thank you.”
“Seeing no further questions, the question is, 'Shall House Bill 380 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chavez. The Clerk shall take the record. On this question, there are 108 voting 'aye', 5 voting 'no', 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings we have House Bill 3. Representative Kelly. Read the Bill, Mr. Clerk.”
“House Bill 3, a Bill for an Act concerning the firefighters. Third Reading of this House Bill.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I took the Bill out to do some more research and to 09400011.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 answer my colleague’s question, but I am going to present the Bill as is. Once again, House Bill 3 amends the Illinois Municipal Code to allow fire departments to give preference to eligible applicants who are licensed as EMTs. This Bill wants the same options that fire protection districts… excuse me, and police departments have in hiring the most highly qualified applicant. When the eligible applicant who is not licensed as an EMT is hired, it takes 2 to 3 years to train that person as an EMT. And fire departments would like to be able to hire eligible applicants for open positions who are already qualified to perform the full lifesaving duties of a firefighter. This Bill is supported by the Illinois Fire Association, the Fire and Police Commission and the Illinois Municipal League. Thank you.”
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker. We appreciate the Sponsor taking the Bill out of the record. It was very… very kind of her and we’ve had a chance to talk with staff and others. In all due respect to the Sponsor, let me speak to the Bill. I think the Sponsor is well- intentioned. I don’t think if you look at this on the surface that anybody would have a problem with it. But having been here for a few years, I want you to concentrate on the law of unintended consequences. I don’t think it’s good enough for any of us to get up and say, ‘Well, we’ve done this before for ‘a’ or we’ve done this before for 09400011.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 ‘b’.’ I wanna give you a scenario that could happen. No, excuse… I think it will happen if this Bill becomes law. Let’s say you’re number one on the hiring list in a municipality and you get called up to Iraq in your National Guard Unit. While you’re on active duty in Iraq, for 14 months, the number two person on the hiring list gets all of the EMT endorsements while you’re away. The chances are out… probably 80 percent that since the number one person on the list who does not have the EMT endorsement is in Iraq, the number two person now has all of the EMT endorsements. The number two person may very well be hired before the number one person on the qualification list even gets back from Iraq. Now, I… I know that the Sponsor and the supporter will say, ‘Oh, that can’t happen. We don’t want that to happen. That’s not our intent.’ But I’ve seen those kinds of things happen. It’s what we call the law of unintended consequences. And I’m gonna guarantee you and I have great respect for the Sponsor, I don’t have any philosophical problems with this Bill, whatsoever. But… but when you create a preference for a nonveteran status, that being the EMT endorsements, the scenario that I gave you not only can happen, in my… in my estimation, it will happen. And I don’t think that was the intent of the Veterans’ Preference Law. And I’ve looked in the Civilian, Sailors and Relief Act. I’ve looked at all the Bills we’ve passed in the last year or two on protecting the National Guard and Reservists’ rights. But in this situation where you have a hiring list, a qualified hiring list, it offers 09400011.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 no protection for the person who is called up to active duty. If the person down the list gets all the endorsements, then that person has the preference and that person is here and ready to go to work. When your constituent gets back from Iraq, who do you think he or she is gonna complain to? They’re gonna come to you and say, ‘It’s my understanding that you voted for a law that gave away my preference so when I get back from Iraq, I have to start all over.’ I know that’s not the Sponsor’s intent. I know she wouldn’t do that. But I’m tellin’ ya, the law of unintended consequences in this chamber comes back to bite ya about half of the time. For that reason, I intend to vote ‘no’.”
Speaker Turner: “The Gentleman from Jackson, Representative Bost, for what reason do you rise?”
“To the Bill, Mr. Speaker.”
“State your point.”
“I do wanna thank the Sponsor as well for pulling it out of the record. We did have a chance to talk. I think there are many things that… that Representative Black brought up that are a concern. I know that both our staffs have talked and that this is something we have done in the future but… or in the past but that doesn’t necessarily mean some… that we need to continue to do something in the future an… and in this particular Bill that erodes that possibility of those veterans… veterans’ rights and that veterans’ preference. Veterans’ preference was something that was unique in itself. As a firefighter, I believe 09400011.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 that we should have the most qualified we can possibly have. But the law of this land has been and the law of this state has been that veterans’ preference does… does take that place. Now they can… those indiv… individual municipalities can get around this by having a written test and then giving points for veteran’s points. The only concern that I have is, is many municipalities don’t do that. What they do is, is they do like we do in the State of Illinois in many of our hiring practices, and that we give an ‘A’ well-qualified grade and then veteran’s points are automatically… or the veteran’s position automatically bumps to the top. I have concerns with the Bill. I will be voting ‘no’. If it does pass out of here, I hope the Sponsor will talk to those in the Senate to see if we can try to cure that. Thank you.”
Speaker Turner: “The Gentleman from Knox, Representative Moffitt, for what reason do you rise?”
“Will the Sponsor yield?”
“He indicates he will.”
“She does. Representative, just a clarification. You… you said some… Illinois fire service was a proponent. Is that… Will you state again who… who’s a proponent from the fire service?”
“That… no… the Illinois Fire Association is a proponent.”
“I believe the firefighters and most of the groups are neutral, I believe, was the…” 09400011.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“No. They’re proponents. That was read in committee and it’s on my sheet, also.”
“Representative, we only have two witness slips as proponents. Would appreciate a clarification on that. And the other thing, on the veterans’ preference, have you… have you said this does supersede veterans’ preference? I mean, I thought that was absolute veterans’ preference was the ruling. And that… although this would give preference, I… I didn’t know that it could supersede veterans’ preference. Could we have a clarification on that? I’d appreciate it.”
“If a vet… if a veteran applies for a job and he has EMT experience, he will get preference or the municipality has the option of hiring that person over someone who just has EMT experience. It’s just like the fire protection district and the police departments.”
“Thank you, Representative. No further questions.”
“Seeing no further questions, Representative Kelly to close.”
“I ask for your support on this Bill. I feel like I’ve done my homework and worked with all involved parties. Thank you.”
“The question is, 'Shall House Bill 3 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan. The Clerk shall take the record. On this question, there are 78 voting 'aye', 36 voting 09400011.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 'no', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. We’re gonna move to the Order of Second Readings. With that, Representative… the Gentleman from Cook, Representative Miller, for what reason do you rise?”
“A point of personal privilege.”
“State your point, Repre…”
“As many of you know here in the chamber, February marks Black History Month. And one aspect of that is… is… different aspects of… Members of… of our Black Legislative Caucus has brought up different topics. I believe, though, music is absolute. It can turn a frown upside down. It brightens our day, provides comfort where only words cannot. It can fill us up with pride, hope and love. Music transcends gender, race and geographical boundaries. It does not know if the listener is Republican or Democrat, Christian, Jewish, or Islamic or any other faith. Many of us know that African Americans have had a long history of contributing to music and the music that we hear every day. More importantly, there are many artists with roots here in Illinois that have a tremendous legacy. After all, the Rolling Stones derived their name from a great blues artist named McKinley Morganfield, better known as Muddy Waters, who lived and recorded in Chicago. For America’s original music, better known as jazz, one of my favorite most rend… most romantic renditions of Round Midnight (sic-Round About Midnight) is performed by none other than the legendary, East St. Louis resident… former resident, Miles Davis. 09400011.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 With his cool jazz style, Miles Davis redefined jazz for countless numbers who listened and for those of us who played. During his life, Miles played with a 21-year-old pianist, jazz legend, Herbie Hancock and a young drummer named Tony Williams who’s considered a jazz great. Growing up, my mom would play on her old ste… hi-fi-stereo the sweet voice of Mahalia Jackson. In fact, our former Attorney General, Roland Burris, ri… resides in her house today. Dad, on the other hand was a blues man. Can anyone say Koko Taylor? When I finally got the chance to play my records, I listened to a group named Rufus who featured another female artist, Chaka Khan. I remember going to the old Chicago Stadium and listenin’ to another Chicago group, Earth, Wind and Fire, Do You Remember? Qunicy Jones, Chicago born, 15 hundred titles in five decades. As a young trumpet player for Lionel… Lionel Hampton, that’s where he got his start. I not only love his Grammy album, Walking in Space with the classic Killer Joe but he redefined himself over the years to compose and produce …minius… numerous movies and television albums. The Color Purple, the Heat of the Night, the theme from Ironside, the theme of Austin Powers and the number one record of all time, Michael Jackson’s Thriller. From sank… from Frank Sinatra to 98 degrees, Quincy Jones has done it all. Black music in Illinois celebrates our Rock and hol… Rock & Roll Hall of Fame inductees, Harvey’s own, The Dells and pap… and Pops, Yvonne and my friend Mavis Staples, known… better known as The Staple sin… Singers. That’s right, You Better 09400011.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Respect Yourself. We listen to Rockford’s Michelle Williams of Destiny’s Child and the blues legend Buddy Guy. We spa… we celebrate the smooth harmonies of the Chi-Lites and the 10 Grammy… Grammy nominations of Chicago hip-hop artist, Kayne West. We enjoy the sounds of WNUA’s radio jazz extraordinaire, the great Ramsey Lewis to the fast rappin’ Twista. We listen and celebrate to the living legacies of Oscar Brown Jr. and his daughter Maggie or with Willie Pickens and his daughter Bethany. From R. Kelly to Lou Rawls and to the many more I have not mentioned. We celebrate you. We celebrate Black History Month and we celebrate the music from these artists that has become the soundtrack to our lives and is woven into the fiber of American history. Thank you.”
“The Gentleman from Winnebago, Representative Jefferson, for what reason do you rise?”
“Thank you, Mr. Speaker. Point of personal privilege.”
“State your point.”
“I just wanna thank the Speaker and his staff for bringing the budget summit to Rockford, Illinois, last night. And to… we had well over 200 people in attendance. All the local Legislators were there in support of this. It was a great turnout. And I just wanna say, kudos, to the Speaker and his staff for doing such a great job. Thank you.”
“Members, we’re about to go to the Order of Second Readings. We ask that each Member be prepared… to 09400011.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 move his legislation from Second to Third. If you do not wish to do so, notify the Chair and we will move accordingly. We intend to move through Second Readings with the quickest. On the Order of Second Readings, page 2 of the Calendar, we have House Bill 15. Representative Hannig. Out of the record. The Gentleman from Cook, Representative Acevedo, for what reason do you rise?”
“Mr. Speaker, I wanna rise for a point of personal privilege.”
“State your point, Rep…”
“Tomorrow, it being one of the holiest days on the Catholic calendar, it being Ash Wednesday, from 11:30 to 12:00 in the chapel on the first floor, …we’ll be distributing ashes from a priest from our district in the back of the… area.”
“Thank you for the information. On the Order of Second Readings we have House Bill 35. Read the Bill, Mr. Clerk.”
“House Bill 35, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. On the Order of Second Readings we have House Bill 166. Read the Bill, Mr. Clerk.”
“House Bill 166, a Bill for an Act concerning right to counsel. Second Reading of this House Bill. No 09400011.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Committee Amendments. No Floor Amendments. No Motions filed.”
“Representative Collins. Annazette. Hold the Bill on Second Reading. On the Order of Second Readings we have House Bill 179. Representative Leitch. Out of the record. We have House Bill 180. Move the Bill, Mr. Clerk.”
“House Bill 180, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. We have House Bill 181, Representative Watson. Read the Bill, Mr. Clerk.”
“House Bill 181, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On Second Readings we have House Bill 232, Representative Lyons. Read the Bill, Mr. Clerk.”
“House Bill 232, a Bill for an Act concerning vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Mr. Speaker, will the Sponsor yield?”
“Which Sponsor, Representative?” 09400011.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“Of this Bill. Because it is our understanding that… that the Sponsor indicated he was gonna hold the Bill for an agreement. And I don’t think that that agreement’s been reached or has it? We wanna know that.”
“Move the Bill back to Second Reading. House Bill 232 will remain on Second Reading. On House Bill 330, Representative Verschoore. Read the Bill, Mr. Clerk.”
“House Bill 330, a Bill…”
“Out of the record. Out of the record. We have House Bill 349. Read the Bill, Mr. Clerk.”
“House Bill 349, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions…”
“Third Reading. House Bill 350, Representative Joyce. Read the Bill, Mr. Clerk”
“House Bill 350, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. House Bill 351, Representative Mathias. Read the Bill, Mr. Clerk.”
“House Bill 351, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. The Gentleman from Cook, Representative Scully, for what reason do you rise?”
“Matter of personal privilege.” 09400011.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
“State your point.”
“The Electric Utility Oversight Committee will precede with its subject matter hearings this afternoon at 4:00. The regularly scheduled meeting for 8:00 tom… tomorrow morning to hear Bills is being canceled. The one Bill assigned to our committee is being held by the Sponsor.”
“Thank you for the information. On the Order of Second Readings we have House Bill 368. Representative Rose. Read the Bill, Mr. Clerk. Out of the record. Mr. Rose, move it? The Bill? Out of the record. House Bill 371, Representative Rose. Read the Bill, Mr. Clerk.”
“House Bill 371, a Bill for an Act concerning juvenile delinquents. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. Mr. Clerk, Agreed Resolutions.”
“On the Order of Agreed Resolutions: House Resolution 85, offered by Representative Lang. House Resolution 87, offered by Representative Joyce. House Resolution 88, offered by Representative Joyce. House Resolution 89, offered by Representative Sacia. House Resolution 92, offered by Representative Millner. House Resolution 93, offered by Representative Howard. House Resolution 94, offered by Representative Miller. House Resolution 95, offered by Representative Patterson and House Resolution 96, offered by Representative Winters.” 09400011.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005
Speaker Turner: “Representative mov… Currie moves for the adoption of the Agreed Resolutions. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Resolutions are adopted. Mr. Clerk.”
“The following committees have been canceled: The 4 p.m. Financial Institutions Committee in 114 has been canceled. The Housing & Urbing…(sic-Urban) Development Committee meeting in Room D-1 at 4 p.m. has also been canceled. The following additional committees are also canceled: At 4 p.m. today, the Health Care Accessibility… Availability & Accessibility in 122-B has been canceled. Tomorrow, Wednesday, February 9, the Utility Deregulation Oversight in 122-B has been canceled. At 2 p.m. the Gaming Committee in Room 122-B has been canceled.”
Speaker Turner: “The Gentleman from Lake, Representative Churchill, for what reason do you rise?”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. It is my sad duty to stand today and report the death of another one of our young men in Iraq. I would ask if you would please rise. The young man’s name is Sean Maher. He was 19 years old. He was a 2003 graduate of Warren Township High School. He was killed last week in an ambush near Fallujah. He had enlisted in the Marines because he thought that he could make a difference in Iraq. He’s the second young man killed from Warren Township High School. He and the other young man were best of friends and traveled together, played football together and now 09400011.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 they’re both gone. What makes this particularly sad is that he was only two days away from his scheduled leaving. In two days, he would’ve been home. And now he is at rest. I would ask if we would give a moment of silence for Sean Maher. Thank you.”
Speaker Turner: “Allowing perfunctory time for the Clerk, Representative Currie now moves that the House does stand adjourned ‘til tomorrow, February 9, at the hour 12 noon, 12:00 tomorrow, February 9. And the House does stand adjourned.”
“House Perfunctory Session will come to order. Introduction and reading of House Bills-First Reading. House Bill 1071, offered by Representative Munson, a Bill for an Act concerning procurement. House Bill 1072, offered by Representative Tryon, a Bill for an Act concerning regulation. House Bill 1073, offered by Representative Madigan, a Bill for an Act concerning government. House Bill 1074, offered by Representative Reitz, a Bill for an Act concerning natural resources. House Bill 1075, offered by Representative Younge, a Bill for an Act concerning revenue. House Bill 1076, offered by Representative Younge, a Bill for an Act concerning transportation. House Bill 1077, offered by Representative Ryg, a Bill for an Act concerning organ and tissue donation. House Bill 1078, offered by Representative Lang, a Bill for an Act concerning revenue. House Bill 1079, offered by Representative Lang, a Bill for an Act concerning civil law. House Bill 1080, offered by 09400011.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Representative Bradley, John, a Bill for an Act concerning economic development. House Bill 1081, offered by Representative Davis, William, a Bill for an Act concerning transportation. House Bill 1082, offered by Representative Davis, William, a Bill for an Act concerning transportation. House Bill 1083, offered by Representative Dugan, a Bill for an Act making appropriations. House Bill 1084, offered by Representative Hassert, a Bill for an Act concerning safety. House Bill 1085, offered by Representative Beiser, a Bill for an Act concerning revenue. House Bill 1086, offered by Representative Jakobsson, a Bill for an Act concerning criminal law. House Bill 1087, offered by Representative Burke, a Bill for an Act concerning public employee benefits. House Bill 1088, offered by Representative Mathias, a Bill for an Act concerning criminal law. House Bill 1089, offered by Representative Hultgren, a Bill for an Act concerning public employee benefits. House Bill 1090, offered by Representative Hultgren, a Bill for an Act concerning education. House Bill 1091, offered by Representative Hultgren, a Bill for an Act concerning revenue. House Bill 1092, offered by Representative Hultgren, a Bill for an Act concerning revenue. House Bill 1093, offered by Representative Hultgren, a Bill for an Act regarding transportation. House Bill 1094, offered by Representative Rose, a Bill for an Act concerning criminal law. House Bill 1095, offered by Representative Flider, a Bill for an Act concerning juries. House Bill 1096, offered by 09400011.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Representative Holbrook, a Bill for an Act concerning public aid. House Bill 1097, offered by Representative Holbrook, a Bill for an Act concerning public bodies. House Bill 1098, offered by Representative Nekritz, a Bill for an Act concerning criminal law. House Bill 1099, offered by Representative Munson, a Bill for an Act concerning property. House Bill 1100, offered by Representative Miller, a Bill for an Act concerning regulation. House Bill 1101, offered by Representative Millner, a Bill for an Act concerning local government. House Bill 1102, offered by Representative Froehlich, a Bill for an Act concerning juries. House Bill 1103, offered by Representative Froehlich, a Bill for an Act concerning human rights. House Bill 1104, offered by Representative Froehlich, a Bill for an Act concerning housing. House Bill 1105, offered by Representative Millner, a Bill for an Act concerning criminal law. House Bill 1106, offered by Representative Millner, a Bill for an Act concerning criminal law. House Bill 1107, offered by Representative Millner, a Bill for an Act concerning criminal law. House Bill 1108, offered by Representative Millner, a Bill for an Act concerning criminal law. House Bill 1109, offered by Representative Millner, a Bill for an Act concerning criminal law. House Bill 1110, offered by Representative Millner, a Bill for an Act concerning criminal law. House Bill 1111, offered by Representative Millner, a Bill for an Act concerning criminal law. House Bill 1112, offered by Representative Millner, a Bill for an 09400011.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Act concerning courts. House Bill 1113, offered by Representative Mitchell, Jerry, a Bill for an Act concerning education. House Bill 1114, offered by Representative Fritchey, a Bill for an Act concerning regulation. House Bill 1115, offered by Representative Joyce, a Bill for an Act concerning liquor. House Bill 1116, offered by Representative Millner, a Bill for an Act concerning State Government. House Bill 1117, offered by Representative Stephens, a Bill for an Act concerning insurance. House Bill 1118, offered by Representative Coulson, a Bill for an Act in relation to taxation. House Bill 1119, offered by Representative Lang, a Bill for an Act concerning safety. House Bill 1120, offered by Representative Lang, a Bill for an Act concerning regulation. House Bill 1121, offered by Representative Lang, a Bill for an Act concerning transportation. House Bill 1122, offered by Representative Lang, a Bill for an Act concerning transportation. House Bill 1123, offered by Representative Lang, a Bill for an Act concerning business. House Bill 1124, offered by Representative Lang, a Bill for an Act concerning revenue. House Bill 1125, offered by Representative Jakobsson, a Bill for an Act concerning elections. House Bill 1126, offered by Representative Boland, a Bill for an Act concerning elections. House Bill 1127, offered by Representative Boland, a Bill for an Act concerning elections. House Bill 1128, offered by Representative Mitchell, Jerry, a Bill for an Act concerning animals. House Bill 1129, offered by 09400011.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Representative Churchill, a Bill for an Act concerning courts. House Bill 1130, offered by Representative Winters, a Bill for an Act concerning local government. House Bill 1131, offered by Representative Churchill, a Bill for an Act concerning transportation. House Bill 1132, offered by Representative Black, a Bill for an Act concerning transportation. House Bill 1133, offered by Representative Soto, a Bill for an Act in relation to public aid. House Bill 1134, offered by Representative Pritchard, a Bill for an Act concerning civil law. House Bill 1135, offered by Representative Boland, a Bill for an Act concerning State Government. House Bill 1136, offered by Representative Hultgren, a Bill for an Act concerning trusts. House Bill 1137, offered by Representative Poe, a Bill for an Act concerning education. House Bill 1138, offered by Representative Boland, a Bill for an Act concerning elections. House Bill 1139, offered by Representative Rose, a Bill for an Act concerning criminal law. House Bill 1140, offered by Representative Boland, a Bill for an Act concerning elections. House Bill 1141, offered by Representative Watson, a Bill for an Act concerning education. House Bill 1142, offered by Representative Krause, a Bill for an Act concerning local government. House Bill 1143, offered by Representative Sommer, a Bill for an Act concerning revenue. House Bill 1144, offered by Representative McGuire, a Bill for an Act concerning public aid. House Bill 1145, offered by Representative Hamos, a Bill for an Act concerning 09400011.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 regulation. House Bill 1146, offered by Representative Watson, a Bill for an Act concerning finance. House Bill 1147, offered by Representative McGuire, a Bill for an Act concerning local government. House Bill 1148, offered by Representative Osmond, a Bill for an Act concerning transportation. House Bill 1149, offered by Representative Millner, a Bill for an Act concerning environmental safety. House Bill 1150, offered by Representative Howard, a Bill for an Act concerning education. House Bill 1151, offered by Representative Millner, a Bill for an Act concerning conviction information. House Bill 1152, offered by Representative Scully, a Bill for an Act concerning regulation. House Bill 1153, offered by Representative McAuliffe, a Bill for an Act in relation to public employee benefits. House Bill 1154, offered by Representative Bassi, a Bill for an Act concerning local government. House Bill 1155, offered by Representative Lindner, a Bill for an Act concerning State Government. House Bill 1156, offered by Representative Lindner, a Bill for an Act concerning local government. House Bill 1157, offered by Representative Lindner, a Bill for an Act concerning local government. House Bill 1158, offered by Representative Lindner, a Bill for an Act concerning State Government. House Bill 1159, offered by Representative Lindner, a Bill for an Act concerning education. House Bill 1160, offered by Representative Lindner, a Bill for an Act concerning business. House Bill 1161, offered by Representative Dugan, a Bill for an Act concerning wildlife. House Bill 09400011.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 1162, offered by Representative Hoffman, a Bill for an Act concerning education. House Bill 1163, offered by Representative Hoffman, a Bill for an Act concerning employment. House Bill 1164, offered by Representative Hannig, a Bill for an Act concerning appropriations. House Bill 1165, offered by Representative Pihos, a Bill for an Act concerning families. House Bill 1166, offered by Representative Mautino, a Bill for an Act concerning revenue. House Bill 1167, offered by Representative Mautino, a Bill for an Act concerning regulation. House Bill 1168, offered by Representative Mautino, a Bill for an Act concerning regulation. House Bill 1169, offered by Representative Rita, a Bill for an Act concerning transportation. House Bill 1170, offered by Representative Molaro, a Bill for an Act in relation to public employee benefits. House Bill 1171, offered by Representative Molaro, a Bill for an Act concerning horses. House Bill 1172, offered by Representative Molaro, a Bill for an Act concerning employment. House Bill 1173, offered by Representative Fritchey, a Bill for an Act concerning criminal law. House Bill 1174, offered by Representative Saviano, a Bill for an Act concerning regulation. House Bill 1175, offered by Representative Saviano, a Bill for an Act in relation to public employee benefits. House Bill 1176, offered by Representative Saviano, a Bill for an Act concerning local government. House Bill 1177, offered by Representative Saviano, a Bill for an Act concerning regulation. House Bill 1178, offered by Representative 09400011.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11th Legislative Day 2/8/2005 Saviano, a Bill for an Act concerning regulation. House Bill 1179, offered by Representative Saviano, a Bill for an Act concerning regulation. There being no further business, the House Perfunctory Session will stand adjourned.” 09400011.doc 66