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Illinois House Floor Debate — February 10, 2005

94th General Assembly (2005-2006) · Legislative day 13
Chamber
House
General Assembly
94th (2005-2006)
Date
February 10, 2005
Legislative day
13
Speaker turns
373
Original
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Gary Hannig (D)

“The hour of 1:00 having arrived, the House will be in order. The Members will please be in their seats. Members and guests are asked to refrain from starting their laptop computers. Turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Dr. John Robert Claus with the fed… with the First Presbyterian Church in Morris, Illinois. Dr. Claus is the guest of Representative Gordon.”

Dr. Claus

“Like to begin by addressing Speaker Madigan and all of you as Representatives. I want to thank Careen Gordon for inviting me to this time. With so much of your work like my work having to deal with words and language and law, I’d like to ask you for a moment to enter into a time of silence and spirit. So, I’m gonna offer you a few moments to still your minds and still your bodies so that we can all attend to the spirit’s voice. Let us pause for a moment of silence together. Gracious Lord, You have crowned this nation and state with good, blessed us with an abundance of resources. Through this Assembly harness that good and those blessings so that the spirit of our people might be revived and renewed. Oh gracious and living Lord, we call upon Your spirit to unite us in these few still moments. You, Oh God, have made us a little lower than the angels and have made us stewards of this Earth and its resources. As Your creatures we turn to You again in faith and hope, reminded that lawmakers have been given a great trust. By the election of our people, You have made each 09400013.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Representative here a steward not just of the law but of Your call to serve the people with justice and fairness. God of justice and compassion and grant each Representative and their staff the grace to explore new options and create new compromises in a time where political and religious agendas blend and sometimes conflict. Give each one a renewed commitment to listen to Your still, small voice. Help each, Oh Lord, to not lean to their own understanding but to seek to use their power to pursue justice and liberty for all. In a time of economic change and tightening budgets, grant this Assembly the resolve to seek a vision that protects and it lifts up the disadvantaged and creates opportunity for jobs and economic development. Guide this Assembly in its fiscal responsibilities to balance budgets without mortgaging future generations or using resources of retirees. Guide them in making decisions that challenge self-interest and lift up the common good. Oh calling God, each Representative here has received a call to serve. Help them not to only to serve the people of this state with honor and integrity but to love and cherish their own families. Give them time and energy to nurture and care for those dearest to them. And in this moment, we ask for the peace and comfort of Representative Berrios upon the death of her grandmother. Finally, Oh Lord, we ask that You would show us the ways we can work in partnership across all that divides to seek a greater unity that will make government a blessing to all 09400013.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 God’s people. This we ask and seek in Your name and let all God’s people say, Amen.”

Gary Hannig (D)

Speaker Hannig: “And we’ll be led in the pledge today by Representative Giles.”

Giles - et al

“I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

Gary Hannig (D)

Speaker Hannig: “Roll Call for Attendance. Representative Currie.”

Barbara Flynn Currie (D)

“Thank you, Speaker. Please let the record show that Representatives Berrios, John Bradley, Howard, Jones, Lang and Molaro are excused today.”

Gary Hannig (D)

“And Representative Bost.”

Mike Bost (R)

“Thank you, Mr. Speaker. Let the record reflect that Republicans are present today.”

Gary Hannig (D)

“Mr. Clerk, take the record. There are 111 Members answering the Roll Call, a quorum is present. On page 3 of the Calendar… Okay, Mr. Clerk, would you read the Committee Reports.”

Mahoney

“Representative Holbrook, Chairperson from the Committee on Environment & Energy, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 406, House Bill 414, House Bill 433, House Bill 523; 'do pass as amended Short Debate' House Bill 112. Representative… (sic-McCarthy), Chairperson from the Committee on Higher 09400013.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Education, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 60. Representative Mendoza, Chairperson from the Committee on International Trade & Commerce, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 361. Representative McKeon, Chairperson from the Committee on Labor, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 461 and House Bill 593. Representative Franks, Chairperson from the Committee on State Government Administration, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 119, House Bill 264, House Bill 294, House Bill 383, House Bill 386, House Bill 518, House Bill 521, House Bill 544, House Bill 577 and House Bill 648; 'do pass as amended Short Debate' is House Bill 487 and House Bill 583. Representative Saviano, Chairperson from the Committee on Registration & Regulation, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 452. Representative 09400013.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Osterman, Chairperson from the Committee on Local Government, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 488, House Bill 509 and House Bill 528; 'do pass as amended Short Debate' House Bill 43, House Bill 212 and House Bill 668. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 363 and House Bill 374; 'do pass as amended Standard Debate' is House Bill 312. Representative Delgado, Chairperson from the Committee on Human Services, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 175, House Bill 382, House Bill 615 and House Bill 641; 'do pass as amended Short Debate' is House Bill 9. Representative Fritchey, Chairperson from the Committee on Judiciary I-Civil Law, which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 190, House Bill 394, House Bill 566, House Bill 617 and House Bill 654; 'do pass as amended Short Debate' is House Bill 237. Representative May, Chairperson from the Committee on Environmental Health, 09400013.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 which the following measure/s was/were referred, action taken on Wednesday, February 9, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 511. Referred to the House Committee on Rules is House Resolution 103, offered by Representative Turner; House Resolution 105, offered by Representative Acevedo; and House Resolution 107, offered by Representative Wait.”

Gary Hannig (D)

“And now, on page 3 of the Calendar, under the Order of House Bills Third Reading. House Bills-Third Reading is House Bill 156. Representative Moffitt. Mr. Clerk, would you read the Bill.”

Mahoney

“House Bill 156, a Bill for an Act concerning education. Third Reading of this House Bill.”

Gary Hannig (D)

“Representative Moffitt.”

Donald L. Moffitt (R)

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 156 is identical to Senate Bill 1955 that passed the House last year 99-0 but was… that never got out of Senate Rules. A Senate Sponsor has been lined up for it this year. Representative Marlow Colvin was the one that sponsored it last year and been working with him this year and… and he said for me to go ahead and move this Bill. If… we’ve also been working with Lieutenant Governor Pat Quinn. The purpose of Senate… or of House Bill 156 is to help our military children. And if the parents are called to active duty and the children have to go live with a guardian, grandparents, relative, whatever, in another school district, this would allow them, if… with a written 09400013.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 request, that they could continue to attend their home school district where they were attending prior to the parents being called to active duty. But it’s only at their requests. This would say that it is not… provides that the school district is not responsible for providing transportation to or from school for a pupil whose residence is determined under this provision. This is just an attempt to make… be accommodating a military family. It’s a very disruptive time when a parent goes on active duty. And if the children and the family, the guardian, want to maintain that original school district, they can do that. It’d be less disruptive to them. This is supported by AMVETS, State Board of Education, Lieutenant Governor and the VFW. I know we have some legislative intent that we want to read into the record. If… but if there are any other questions, I’d be happy entertain those.”

Gary Hannig (D)

Speaker Hannig: “The Gentleman… Representative Moffitt has moved for passage of House Bill 156. And on that question, the Gentleman from Crawford, Representative Eddy.”

Roger L. Eddy (R)

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

Gary Hannig (D)

“He indicates he’ll yield.”

Roger L. Eddy (R)

“Thank you. Representative, first of all, I wanna tell ya this is… this is outstanding legislation at a time when we really need it and I wanna commend you for bringing this legislation to… to this Body for consideration. As you remember in committee, there were some questions that we wanted to make sure that we had… we had clarified. And… 09400013.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 and if I could, I just simply want to ask you a couple of questions. If… if a student temporarily relocates the residency outside the district but continues to attend their original school tuition-free, as provided under this Bill, will this legislation adversely affect the school’s General State Aid payments?”

Donald L. Moffitt (R)

“No. In no way is this legislation intended to upset a school district’s General State Aid. General State Aid follows the student. So, if the student remains at their original school, that school will continue to receive their General State Aid for that student. The State Board of Education has also confirmed that this legislation will have no negative impact on a school district’s General State Aid.”

Roger L. Eddy (R)

“Wil… will the legislation in any way adversely impact the… a school’s average daily attendance count?”

Donald L. Moffitt (R)

“Again, this legislation is in no way intended to disrupt a school’s average daily attendance. As with General State Aid, if the student decides to remain at the school even though their residency has been temporarily relocated outside of the district, that student should be included in the average daily attendance for that school.”

Roger L. Eddy (R)

“One other brief issue dealing with transportation. Will the school be required to provide transportation to student if they move out of the district temporarily but continue to attend their original school?”

Donald L. Moffitt (R)

“No. The Bill states that a school district is not responsible for providing transportation to or from school 09400013.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 for a pupil whose residence is temporarily relocated due to their parents being away on active military duty. This means that the school district will not assume any responsibility for any additional transportation needs these students may need, whether they are enrolled in special education, a truant alternative program or any other program for which the school district is normally required to provide transportation for resident students. Once the student moves back into the district, the school district would be expected to reassume the transportation responsibilities for that student.”

Roger L. Eddy (R)

“Very good. And finally, is this consistent then with Federal Laws as it applies to special education?”

Donald L. Moffitt (R)

“Yes. Federal Law requires that a school district is required to provide transportation to students in special education unless the parents or guardian opts to relocate the student to a residency outside of the school district. Once the student has moved their residency outside of the school district, that school district is no longer mandated by either Federal or State Law to provide transportation for that student.”

Roger L. Eddy (R)

“Thank you, Representative. This an outstanding piece of legislation, I intend to support it. And thank the Body for their indulgence.”

Gary Hannig (D)

“The Lady from Lake, Representative May.”

Karen May (D)

“Yes. Will the Sponsor yield?”

Gary Hannig (D)

“He indicates he’ll yield.” 09400013.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Karen May (D)

“Yes. Thank you. Representative, the cost falls on the local school district where the student is, correct? The cost of educating the student.”

Donald L. Moffitt (R)

“It would remain with… if… if the student… Let’s just use an example. Let’s suppose the student and their parents lived in Springfield School District. And if in cases like a single parent or even both parents could be called to active duty, and they go to live with grandpa and grandma and they’re the legal guardian in say, Williamsville, Sherman. But they… they decide they’d like for the student to continue here in Springfield. So, the state aid will stay with the student. It does not cost this district nor is there any expense for where they’re living with grandpa and grandma. Did that answer your question?”

Karen May (D)

“Right. Yes, it does, you’ve walked through. Now I understand from the previous questions that it doesn’t affect the General State Aid, but how does it affect the impact aid from the military?”

Donald L. Moffitt (R)

“The impact aid from the military?”

Karen May (D)

“Yes. Impact aid or funds that come from the Federal Government from the military to the local school district. And just to… to edify you further, it’s often inadequate. So, I’m just assuming the situation that a… ya know, a student would stay in the district, actually be the responsibility by law of the new district. But under your proposed law, I don’t know if they would get the impact aid 09400013.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 that they would be entitled to. Did you address that in the Bill?”

Donald L. Moffitt (R)

“Rep… Representative, what we’re doing here is to allow there to be no change for the student’s attendance and all aid and support would stay with that student. And what we’re trying to do, if they want to and it’s permissive, if they want to stay with their friends, their classmates, they would continue to as would all funds, ‘cause that’s where they’re counted on… that’s where they’re enrollment is.”

Karen May (D)

“They would continue… it would be their legal residence, so to speak, yes?”

Donald L. Moffitt (R)

“It’d be there school district.”

Karen May (D)

“Okay.”

Donald L. Moffitt (R)

“Their legal… their residence would be with their guardian or grandpa and… you know, where… their legal guardian, that’s been appointed by their parents. But all support for them is to follow them, stay with the students. So, in this case they’re staying in their original home district.”

Karen May (D)

“Okay. So, they would continue to get the impact aid then, also? It wouldn’t affect the impact aid at all?”

Donald L. Moffitt (R)

“That’s my understanding.”

Karen May (D)

“Okay.”

Donald L. Moffitt (R)

“It would stay with the student. In this case the student is not gonna change districts. And re… it’s only if they want to. We’re trying to accommodate a military family, so that even though that student doesn’t live now 09400013.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 in Springfield, they could continue in Springfield, tuition-free.”

Karen May (D)

“Okay. I…”

Donald L. Moffitt (R)

“Not have to pay out-of-district tuition.”

Karen May (D)

“But I… I think that at least it’s the intent that the impact aid would stay with the student.”

Donald L. Moffitt (R)

“That is the intent. Absolutely.”

Karen May (D)

“Okay. Thank you.”

Donald L. Moffitt (R)

“Thank you for clearing that up.”

Gary Hannig (D)

“Is there any further discussion? Then the question is, 'Shall House Bill 156 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Representative… Men… are you on? All right. Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rose on House Bill 369. Mr. Clerk, would you read the Bill.”

Mahoney

“House Bill 369, a Bill for an Act concerning transportation. Third Reading of this House Bill.”

Gary Hannig (D)

“The Gentleman from Champaign, Representative Rose.”

Chapin Rose (R)

“Thank you, Mr. Speaker, Ladies and Gentlemen. This is identical to a Bill from last year. I believe it passed unanimously with no opposition. Essentially, what it allows for is restitution for Vehicle Code violations. Currently, restitution is allowed under violations of the 09400013.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Criminal Code. This Bill would simply extend that to restitution. In the Vehicle Code, it is at the discretion of the judge. It is not mandatory, it’s permissive. I would ask for a favorable consideration.”

Gary Hannig (D)

“The Gentleman has moved for passage of House Bill 369. Is there any discussion? The Gentleman from Cook, Representative Giles.”

Calvin L. Giles (D)

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

Gary Hannig (D)

“He indicates he’ll yield.”

Calvin L. Giles (D)

“Representative Rose, could you explain to me why the Cook County Judicial Advisory Council is opposed to this piece of legislation?”

Chapin Rose (R)

“Representative, I was not aware that the Cook County Judicial Advisory Committee(sic-Council) was opposed to the legislation. Last year, at the request of individuals from Cook County… the original Bill from 2 years ago was filed as mandatory relief. At their request and the State Bar Association’s request, I made it permissive. Upon doing that, that passed out of here I… I think either unanimously or near unanimously.”

Calvin L. Giles (D)

“And the restitution for any… victim who have… who have suffered personal injury or property damage, is there a… wha… what is exactly the restitution?”

Chapin Rose (R)

“Sure.”

Calvin L. Giles (D)

“Is there a monetary value or…?”

Chapin Rose (R)

“Sure. Let me give you an example from when I was a traffic court prosecutor. We had someone that was… 09400013.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 committed a DUI, found convicted of DUI and hit a utility pole in the process, destroyed the pole. Ameren would come… or not Ameren, but the utility company came and asked for restitution. This used to be something that happened routinely in many courtrooms around the state. However, upon further review, the restitution provision is only applicable to the Criminal Code, not the Vehicle Code. So, even though this has happened as a matter of practice in courtrooms around the State of Illinois, I don’t believe there is a legal basis for doing it. I’m trying… trying to clarify that. The procedure itself… the way it typically would work, Representative Giles, is that the defense counsel and the prosecutor’d get together ahead of time and usually present an agreed order of restitution. Whether it was a medical dam… ya know, they needed costs for doctor’s care or perhaps a vehicle replacement or ya know, whatever the… the property damage was. You could, however, access in an evidentiary hearing, if, and this is the key, if the court wished to entertain that. Nothing forces the courts to do this.”

Calvin L. Giles (D)

“Thank you, Representative. I… I think it’s a… a good piece of legislation. And I know this have came through this chamber before. What I would like for you to do unless there’s a mistake, I would like for you to talk to… that particular group, the… the Cook County Judicial Advisory Council to make sure, ya know, that there’s no discrepancies or maybe it… it was a mistake. But if you 09400013.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 could talk to them, I know this Bill will move on to the Senate and maybe some things might need to be clarified.”

Chapin Rose (R)

“I’ll be happy to do that.”

Calvin L. Giles (D)

“I think it’s a good piece of legislation and I support it and…”

Chapin Rose (R)

“Thank you. I’ll be happy to do that, Representative.”

Calvin L. Giles (D)

“…thank you very… I urge my colleagues to support it. Thank you.”

Gary Hannig (D)

Speaker Hannig: “The Gentleman from Cook, Representative Fritchey. Representative Fritchey, are you seeking recognition?”

John A. Fritchey (D)

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

Gary Hannig (D)

“He indicates he’ll yield.”

John A. Fritchey (D)

“Representative, as you’re standing here with one of my colleagues just discussing this issue. I guess the question that comes to light is, we have a civil justice system and in light of that and in light of the remedies that are codified throughout our statutes, why do we… I guess, I don’t mean this dismissively…”

Chapin Rose (R)

“Sure.”

John A. Fritchey (D)

“…Why is there any need for this?”

Chapin Rose (R)

“Representative, often in the court system we have mirror proceedings. Criminal cases proceed simultaneously or… or near simultaneously with a… a concurrent civil proceeding. We also have… procedures… Let me give you an example. This is already available in the… in the Criminal Code. Restitution is available to a victim. Okay. So, a domestic batterer victim would be allowed to seek 09400013.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 restitution to their person or their property. I’m simply seeking to extend this to misdemeanor Vehicle Code violations, particularly the offense of DUI. Again, this has been patterned in practice for good or bad in several counties throughout Illinois up until recently. Two years ago, I was asked to bring this forward to… extend it to the Vehicle Code just like it’s already available in the Criminal Code. I don’t understand how if you’ve got a crime in one section and a crime in another section, restitution shouldn’t be available to those victims.”

John A. Fritchey (D)

“The restitution, I’m sure you would agree, isn’t indeed available to them through the court system as it exists today. I mean I… I applaud what you’re doing and every one of us wants to stand up here and say that we are about protecting innocent victims and we mean that with all sincerity. But the court has created and we have created a system of due process a system of rights and remedies for people that have been wronged, either criminally, negligently, whatever the case may be. But my concern is not with the goal, not with the end, but I don’t know if the end justifies the means in this case that we are actually creating one of two things, either a parallel set of justice or a circumvention of the existing rights of both parties. All for the… for the courts’ officers to step in and say, we are going to assess restitution without hearing the underlying issues. And there may be ly… issues that are tangential to the Vehicle Code offense but which are not the subject of the Vehicle Code offense in which 09400013.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 that the judge hearing the Vehicle Code offense may not have jurisdiction of or may not be the judge best cited to hear testimony on those relevant issues.”

Chapin Rose (R)

“Representative Fritchey, I understand your concern. I would simply say that we already have this and it’s applicable to any of the offenses listed under the Criminal Code. What I’m suggesting is that a DUI, someone injured by driving under the influence, is no less deserving of that restitution option simply because the offense falls within the Vehicle Code rather than the Criminal Code. If I may, the… the judge a… again, as a matter of practice, the way it worked at least in my county, Representative, was it… I don’t think we ever actually had a… a hearing per sey as much as we had an agreed order as to what the restitution amount was. Then it would go… be… become part of the probationary sentence or part of the conditional discharge or whatever that… that sentence is. Again, this is ‘may’.”

John A. Fritchey (D)

“On… on a certain level, I mean, you or I… you and I are in complete agreement. A victim of any crime, including a DUI, is entitled to be made whole and then some. Again… and I’m troubled… and I… I don’t wanna belabor this point. The… the intentions are good ones. The… the logic here, though, we’re getting into issues of restitution but we’re getting into potentially issues somewhat greater than that because you may, in fact, then have a judge providing… presiding over what is a medical injury case of… and whether injuries were proximate… were 09400013.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 the proximate cause of an accident. Let’s… let’s just take an example. I… I think this… actually the more I think about it, I do think this merits our time. There is an individual that is a victim of a drunk driver. They sustain medical injuries. It is up to the judge or a judge to determine whether those injuries were proximate from the accident. Whether they were pre-existing. This is not simply the bumper on your car needed to be replaced, that’s part of your restitution. There may be significant issues that actually take up much more of that trial court’s time than the underlying DUI offense…”

Chapin Rose (R)

“Representative…”

John A. Fritchey (D)

“…I… I’m not sure that the judges themselves would not wind up finding themselves in a whole new arena of law that they didn’t sign up for, that they are not responsible for.”

Chapin Rose (R)

“Well, two things. Directly to your last point, Representative. This doesn’t require the judge to do anything. It… it simply allows a judge who wishes to do it, to do it. To your earlier point, though, the analogy you drew, I would draw an analogy to a crime in the Criminal Code, say domestic battery. You got a victim. The courts are already doing this under the Criminal Code’s restitution provision. So, as far as the process and the procedure goes, Representative, this Body decided long ago to allow restitution in the Criminal Code. Long, long ago. Today, all I’m seeking is… and I think this infers very logically that if it’s good enough for the Criminal Code 09400013.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 offenses, that just because it’s a criminal offense in the Vehicle Code, it ought to be eligible for restitution as well. I think that flows logically, Representative.”

John A. Fritchey (D)

“This Bill came through Jud… it… it did come through Judiciary-I, did it?”

Chapin Rose (R)

“It came to Jud-II.”

John A. Fritchey (D)

“Do you… do you recall… did… do you recall who slipped in favor or against this Bill as far as the primary groups?”

Chapin Rose (R)

“Representative Fritchey, at the time, there were no opponents.”

John A. Fritchey (D)

“Were there…”

Chapin Rose (R)

“I can tell you that in the past, the Cook County Bar and the State Bar were worried when it was mandatory restitution. Last year’s version, I had amended it to make it permissive at their request.”

John A. Fritchey (D)

“Were there any proponents signed in on this?”

Chapin Rose (R)

“Well, the proponents… slipped the proponents? I don’t believe so. It came to me from my state’s attorneys back home. Several of my state’s attorneys, in fact, who did this as a matter of practice up until recently.”

John A. Fritchey (D)

“Okay. I appreciate your time. Thank you.”

Chapin Rose (R)

“Thank you.”

Gary Hannig (D)

Speaker Hannig: “The Gentleman from Kane, Representative Schmitz. The Lady from Cook, Representative Nekritz.”

Elaine Nekritz (D)

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

Gary Hannig (D)

“He indicates he’ll yield.” 09400013.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Elaine Nekritz (D)

“You… you’ve cited the… the situation under a domestic battery where there would be restitution. Does this apply throughout the entire Criminal Code or is it just under domestic battery?”

Chapin Rose (R)

“Representative, it is a part of the Crime Victim’s Bill of Rights in the Criminal Code. As you, being an attorney, know, we have a Criminal Code and also a Vehicle Code.”

Elaine Nekritz (D)

“Right.”

Chapin Rose (R)

“When this Body deliberated years and years ago, they added it to the Criminal Code but, I believe, neglected to add it simultaneously to the… to the… to the Vehicle Code, as well. Although the logic behind it is that somebody who’s injured by a criminal should be made whole. And if you wanna have ongoing, simultaneous proceedings in civil and criminal that… that would be fine. It… and it’s been working for some time under the Criminal Code.”

Elaine Nekritz (D)

“And I… I don’t doubt that, Representative. I’m just trying to… I just… because I’m not familiar with this I’m just trying to understand that it isn’t just domestic battery…”

Chapin Rose (R)

“No.”

Elaine Nekritz (D)

“…it is all… the entire Criminal Code.”

Chapin Rose (R)

“No.”

Elaine Nekritz (D)

“Okay. And… and when…”

Chapin Rose (R)

“Let me corr… corroborate it. I have not read the Crime Victim’s Bill of Rights in some time but it… it apply… it’s a broad… it’s applied broadly. And my belief is that it’s applied to everything in the crime… in the Criminal Code.” 09400013.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Elaine Nekritz (D)

“So, burglary, that kind of thing. Okay. And then, in… in those… in those instances, is it the same kind of thing? Is it optional for the judge to… to do restitution under the Criminal Code, do you know?”

Chapin Rose (R)

“Representative, I don’t know.”

Elaine Nekritz (D)

“Okay.”

Chapin Rose (R)

“I… I don’t know if it’s mandatory or permissive under the Criminal Code. But I do know your… your burglary… you just mentioned burglary. Perfect example, shoplifting. All the time we do re… orders of restitution that the person has to pay back what they stole, if it was broken or otherwise… misappropriated.”

Elaine Nekritz (D)

“And… and I guess my concern is some… some of the same concerns that were raised earlier that in… in a shoplifting example it’s pretty clear what the… what the damages would be and restitution is a pretty straight forward remedy. I’m not so sure in some of the… in some of these vehicle cases that those… that those… ya know, that… I mean, we have entire hearings on what… what constitutes dam… what constitutes the damages and… and so forth. And… and that’s why I’m tryin’ understand.”

Chapin Rose (R)

“Sure.”

Elaine Nekritz (D)

“So, in these other cases, does… does the judge hold…”

Chapin Rose (R)

“You can have…”

Elaine Nekritz (D)

“…a hearing…”

Chapin Rose (R)

“Yes.”

Elaine Nekritz (D)

“…and… and make those determinations?” 09400013.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Chapin Rose (R)

“Yes. You’re absolutely right. If… if both parties cannot agree and a judge wishes to hear a demand for restitution, the judge would hear that demand and it… there would be a hearing. I can tell ya the couple of ‘em that I did involved, like I told ya, a power pole… a utility pole that went down. It was pretty clear-cut how much it cost to rebuild the pole. You know, vehicle accidents, you go and get an estimate from the… the local body shop. That’s what you order as restitution. Ya know, the medical stuff usually comes with some sort of documented or proof, ya know, this is how much the bills are et cetera, et cetera.”

Elaine Nekritz (D)

“Yes, but there are also issues of lost wages and… and… other things that really become much more complex than just repaying someone for their… for their… headlight that’s been put out or whatever. And so… ”

Chapin Rose (R)

“I agree.”

Elaine Nekritz (D)

“And that those are just some of the concerns that I had.”

Chapin Rose (R)

“And the court could have a full-blown evidentiary hearing if that’s what they decided was appropriate.”

Elaine Nekritz (D)

“Okay.”

Chapin Rose (R)

“Although, I just don’t… that as a matter of practice, it doesn’t happen.”

Elaine Nekritz (D)

“Okay. Thank you.”

Gary Hannig (D)

“Representative Rose to close.”

Chapin Rose (R)

“Thank you, Ladies and Gentlemen. Again, this is identical to a Bill that left this chamber in the old General Assembly… in an unanimous or near unanimously. I 09400013.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 think it make eminent good sense that if victims’ rights are protected under the Criminal Code then they oughta be protected under the Vehicle Code. And I would ask for favorable consideration.”

Gary Hannig (D)

“The question is, 'Shall House Bill 369 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Myers, for what reason do you rise?”

Richard P. Myers (R)

“Point of personal privilege, Mr. Speaker.”

Gary Hannig (D)

“State your point.”

Richard P. Myers (R)

“I’d like the Body to welcome a group of about 27 individuals who are part of a program called the ‘Illinois Ag Leadership Foundation.’ They’re here with their Executive Director Joyce Watson and Program Director Jana Poliska. The program is a 2-year study course designed to provide leadership training to a group of farmers and agri- business individuals on the nature of… politics and social issues in the world today. In that 2-year course, they focus on local, state, national and international issues, encompassing a trip to Washington and various other parts of the United States. And a international trip on the second year that gives them exposure and experience to what’s going on in agriculture and the rest of the world. 09400013.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 They’re up in the gallery. And I would like the chamber to join me in welcoming them to Springfield.”

Gary Hannig (D)

“Representative Kelly, for what reason do you rise?”

Robin Kelly (D)

“Thank you, Mr. Speaker. Point of personal privilege.”

Gary Hannig (D)

“State your point.”

Robin Kelly (D)

“In recognition and celebration of Black History Month, my topic is historically black fraternities and sororities. Historically black, Greek organizations were founded to bring African Americans together and to develop unity on college campuses in the early 1900s when opportunity for blacks did not exist. Since that time, over 1 million predominately black members have joined the eight organizations. We have chapters in most parts of the world. The first black fraternity was Alpha Phi Alpha, founded in 1906 at Cornell University, sporting the colors of black and gold. Notable Alphas are Martin Luther King, Thurgood Marshall, John Stroger and soon to be Alpha, Marlow Colvin. The first black sorority was Alpha Kappa Alpha, founded in 1908 at Howard University. Their colors are pink and green. Notables are Rosa Parks, Maya Angelou and our own Connie Howard and Yvetter Younge. Kappa Alpha Psi was founded in 1911 at Indiana University. Their colors are crimson and crème. Notable Kappas are Johnnie Cochran and Tavis Smiley, as well as our own, Will Davis, Senators Kwami Raoul and Jim Clayborne. Omega Psi Phi was founded in 1911 at Howard University. Their colors and purple and old gold. Notable Omegas are Langston Hughes, 09400013.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Count Basie, Michael Jordan and our own, Dr. David Miller. Delta Sigma Theta, the second sorority founded at Howard University in 1913, colors are crimson and crème. Notable Deltas are Camille Cosby, Nikkie Giovanni, Cicely Tyson as well as our own, Pat Bailey, Senator Kimberly Lightford and Deshana Forney. The last fraternity founded during that era was Phi Beta Sigma in 1914. They also were founded at Howard. Their colors are royal blue and white. Famous Sigmas are Jerry Rice, George Washington Carver, James Weldon Johnson and my husband. Their sister organization Zeta Phi Beta was founded in 1920 at Howard. They also wear royal blue and white. Notable Zetas are Dionne Warwick, Zora Neale Hurston, Cicely Tyson, as well as, Kelly and Kish from the Speaker’s staff. Last but not least is Sigma Gamma Rho sorority founded at Butler University. The only sorority not founded at Howard. Their colors are royal blue and gold. Notable Sigmas are Reverend Willie Barrows, Mary Dee, Artist Brenda Joyce Smith, Art Turner’s wife and yours truly and soon to be Sigma, Deborah Graham. All of these organizations have a common theme of uplifting the black race through friendship, service, education and achievement. Thank you.”

Gary Hannig (D)

“Representative Chapa LaVia, for what reason do you rise?”

Linda Chapa LaVia (D)

“Yes, Speaker. I’d like to table two Bills, House Bill 490 and House Bill 508. Thank you.” 09400013.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Gary Hannig (D)

Speaker Hannig: “And… and you’re the Sponsor of those two Bills, is that correct? You’re the Sponsor of those two Bills? Okay. So, the Lady moves to table House Bill 490 and 508. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Motion is adopted and the Bills are tabled. Continuing on page 3 of the Calendar, under the Order of House Bills-Third Reading is House Bill 445. Representative Beiser. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 445, a Bill for an Act concerning transportation. Third Reading of this House Bill.”

Gary Hannig (D)

Speaker Hannig: “The Gentleman from Madison, Representative Beiser.”

Daniel V. Beiser (D)

“Thank you, Mr. Speaker. House Bill 445 amends the Boat Registration and Safety Act by making mon… nonmotorized paddleboats a Class A watercraft as opposed to a Class 1 or Class 2. This reduces the registration fee from $15 to $6. My intent is to make this effective January 1 of 2006. And this was brought forth by some constituents affected by this.”

Gary Hannig (D)

“The Gentleman has moved for passage of House Bill 445. And on that question, the Gentleman from Vermilion, Representative Black.”

William B. Black (R)

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

Gary Hannig (D)

“He indicates he’ll yield.”

William B. Black (R)

“Representative, I… it’s hard to hear in here. I… I heard you say that this Bill was brought to you by constituents. Can you be more specific? I mean, was it 09400013.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 one constituent or a group or the paddleboat enthusiasts club of mid-America or what?”

Daniel V. Beiser (D)

“It was brought by a group of subdivision residents that have a lake on their… in their subdivision and have these foot-operated paddleboats.”

William B. Black (R)

“Do you mean the… the state requires that your boat be licensed even when it’s on a private lake?”

Daniel V. Beiser (D)

“Yes, Sir.”

William B. Black (R)

“If your… Do you have a copy of the Bill with you?”

Daniel V. Beiser (D)

“Yes, Sir.”

William B. Black (R)

“All right. Look on… on line 18. It begins with… a ‘Class 2, all watercrafts 16 feet or more but less than 26 feet in length except canoes, kayaks and,’ of course, you’re adding the language, ‘nonmotorized paddleboat.’ Have you ever seen a 26-foot long paddleboat?”

Daniel V. Beiser (D)

“If I did, I’d take more than… it’d take probably about six or seven people to paddle that rascal.”

William B. Black (R)

“Well, that’s what I would think. Why… why is it necessary to change Class C?”

Daniel V. Beiser (D)

“To make the language consistent.”

William B. Black (R)

“To make the what?”

Daniel V. Beiser (D)

“To make the language consistent in the Bill. In case they…”

William B. Black (R)

“I… I think it’s confusing the way it’s done. Why don’t you just put your language in Class A? That’s the $6 fee.”

Daniel V. Beiser (D)

“I would… I would imagine in case they would ever make a 26-foot paddleboat. Just to have it in there.” 09400013.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

William B. Black (R)

“Do… even though riverboat casinos no longer have to cruise, some of them have a paddlewheel. Were they licensed under this Act?”

Daniel V. Beiser (D)

“No. They… they are not. They are motorized.”

William B. Black (R)

“All right. When the Delta Queen… have you ever seen the Delta Queen that goes up and down the Mississippi River, a paddlewheeler?”

Daniel V. Beiser (D)

“I’ve had the good fortune of seeing that go through my hometown of Alton.”

William B. Black (R)

“While that boat is in Illinois water, is there a way that we can make them pay a prorata fee for using Illinois waterways?”

Daniel V. Beiser (D)

“Not to my knowledge.”

William B. Black (R)

“You might wanna look into that. We… we could use the revenue.”

Daniel V. Beiser (D)

“Thank you.”

William B. Black (R)

“But is that not a paddleboat?”

Daniel V. Beiser (D)

“That is a motorized paddleboat, yes.”

William B. Black (R)

“A motorized paddleboat. What exactly then is a nonmotorized paddleboat?”

Daniel V. Beiser (D)

“It would be one which you would use your feet, hands or other body parts to motorize.”

William B. Black (R)

“Representative, I thought this was a straightforward Bill. What other body parts might you use?”

Daniel V. Beiser (D)

“I would leave that up to each individual, Representative.”

William B. Black (R)

“Ya know that’s what’s wrong. The lack of specificity in legislation can lead to all kinds of problems.” 09400013.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Daniel V. Beiser (D)

“Point well-taken.”

William B. Black (R)

“I mean, I have a picture in my head that isn’t pretty.”

Daniel V. Beiser (D)

“You know and I think I’ve started creating pictures that aren’t that pretty.”

William B. Black (R)

“And I’m… I’m not sure that… that kind of a paddleboat would be legal. I… I mean, I don’t understand… I can’t imagine a paddleboat being more than 16 feet. I… I really can’t. I’m sure I’ve seen them and I used to own one when we lived out on a lake many years ago. I don’t know why we have to… why didn’t we just say a paddleboat will be $6 rather than change the underlying Bill?”

Daniel V. Beiser (D)

“I think just to be consistent. Like I said, in case in the future, you never know where these paddleboats are gonna go technology-wise.”

William B. Black (R)

“All right. And this… this, of course, applies statewide, correct?”

Daniel V. Beiser (D)

“Yes… yes.”

William B. Black (R)

“So, anyone that has a paddleboat, do they have to reregister now?”

Daniel V. Beiser (D)

“No. They’ve already received their… reregistrations for this year. It will be effective January 1 of ‘06.”

William B. Black (R)

“Oh, and now that begs the question, can they get a refund? If they just licensed their paddleboat, and let’s assume… Well… well, let me… I don’t wanna get ahead of myself. What’s the effective date on your Bill?”

Daniel V. Beiser (D)

“It’s my… it was my intent to make it January 1 of 2006. Effective… so for all future renewals.” 09400013.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

William B. Black (R)

“All right. So, we wouldn’t get into the question of a reimbursement on… on a fee that they’d already paid, correct?”

Daniel V. Beiser (D)

“No.”

William B. Black (R)

“All right. Representative, let me just ask you a question. I served on the Conflict of Interest Committee before it was abolished. Do you own a paddleboat?”

Daniel V. Beiser (D)

“No, I do not.”

William B. Black (R)

“Do you have any friends, relatives, or campaign contributers that own a paddleboat?”

Daniel V. Beiser (D)

“No, I do not.”

William B. Black (R)

“All right. You’re sure?”

Daniel V. Beiser (D)

“I am absolutely certain.”

William B. Black (R)

“All right. Have you ever been up a creek without a paddleboat?”

Daniel V. Beiser (D)

“Many times.”

William B. Black (R)

“And it’s just starting, Representative. Believe me.”

Daniel V. Beiser (D)

“Thank you very much.”

William B. Black (R)

“Well, thank you very much, Mr. Speaker. To the Bill.”

Gary Hannig (D)

“To the Bill.”

William B. Black (R)

“I… I can remember when freshmen used to have substantive Bills that would make the State of Illinois safer for democracy or whatever. Here comes a young man who says that a paddleboat up to 26 feet in length would only have to pay a $6 registration fee. I would think that a paddleboat 25 feet long that could be utilized by one person in his district, that person should be given a free license if they can make the thing run. And as he said, 09400013.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 with hands and feet or other body parts. This Bill… I would think will be very closely scrutinized by the commodores in the other chamber. Since… and I… since I don’t believe he has actually… I… I think he has amended Class A, Class 1 watercraft and Class 2 watercraft and I don’t think that’s necessary. I think he has made a rather straightforward Bill somewhat more confusing. And will lead to… you know, if we can do this for paddleboats then why not a small bass boat even though there’s a motor on it. This is not good fiscal policy for the State of Illinois when we are in the kind of budget crisis that we’re in. This is special interest legislation for those people who want to buy a paddleboat. Quite frankly, this is the mechanized age. If you can’t afford a motorboat, you shouldn’t be in the boating business at all. We need the money. We should not be lowering the fee. We should probably be raising the fee. If any Bill in this fiscal crisis deserves a ‘no’ vote, it’s this one. And I’ll make you a bet right now. This Representative will be first in line to spend money as the Session goes on. But here he is ruining an otherwise sound revenue stream. I’m shocked. I’m appalled. And I intend to vote ‘no’.”

Gary Hannig (D)

“The Gentleman from Randolph, Representative Reitz.”

Dan Reitz (D)

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

Gary Hannig (D)

“He indicates he’ll yield.”

Dan Reitz (D)

“Representative, wha… what was your former occu… were you not a treasurer? A city…” 09400013.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Daniel V. Beiser (D)

“Yes… yes, I was.”

Dan Reitz (D)

“Would you do that… Our… our analysis says this is gonna cost $18 to $27 thousand a year in the middle of a budget crisis. Did you take that into consideration or…?”

Daniel V. Beiser (D)

“Yes, I did.”

Dan Reitz (D)

“Did you take that into consideration in your former job when you were…”

Daniel V. Beiser (D)

“In it, yes. But…”

Dan Reitz (D)

“Was… was the city in good financial shape when you left it or…?”

Daniel V. Beiser (D)

“It was in… it was in decent shape.”

Dan Reitz (D)

“I guess getting back to what Representative Black said. I… I really have a problem with… with the way you’ve done this. And you have paddleboats a Class A and then paddleboats 16 feet in length or more $15. And the 26-foot paddleboat is $45? Yes. Is that correct? So, our analysis doesn’t say it, but you’re saying size does matter?”

Daniel V. Beiser (D)

“I won’t go on record as saying that.”

Dan Reitz (D)

“Okay. If you won’t answer the questions, I’m not sure where to go with this then. Can you tell me the difference between a kayak and a nonmotorized paddleboat and why you didn’t address kayaks?”

Daniel V. Beiser (D)

“I… I just know in a kayak, I would tump over all the time. But at least a paddleboat offers some sense of staying on top of the water.” 09400013.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Dan Reitz (D)

“And is it harder… is it harder to use other than hands and feet and other… is it harder to use other body parts to motorize a kayak than it is a paddleboat?”

Daniel V. Beiser (D)

“Darn near impossible. …Yeah.”

Dan Reitz (D)

“You sure of that? You will go on record on that?”

Daniel V. Beiser (D)

“I… I’ve been told.”

Dan Reitz (D)

“Any other questions? I think we’re done here. Thank you.”

Daniel V. Beiser (D)

“Thank you.”

Gary Hannig (D)

“The Gentleman from Winnebago, Representative Winters.”

Dave Winters (R)

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

Gary Hannig (D)

“He indicates he’ll yield.”

Dave Winters (R)

“I’m a little concerned here, Representative, that… we are not trying to make state statute uniform. Can you tell me why it look… it looked on our analysis like you’re… you’re trying to make paddle craft or… or paddle operated watercraft equivalent to canoes and kayaks. Is that the main impetus of this Bill?”

Daniel V. Beiser (D)

“In… as far as the dollar registration amount, yes, Sir.”

Dave Winters (R)

“Well, but… but you see we give a… we give an incentive to kayaks and canoes for one major reason over paddle craft. Do you know what that reason is?”

Daniel V. Beiser (D)

“No.”

Dave Winters (R)

“Why they were exempted out?”

Daniel V. Beiser (D)

“No, I do not.” 09400013.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Dave Winters (R)

“Well, it takes skill to operate a kayak and a canoe and it takes no skill whatsoever to do a paddle craft. Now, I assume you’re a paddle craft owner yourself?”

Daniel V. Beiser (D)

“I’m not an owner.”

Dave Winters (R)

“But you use ‘em?”

Daniel V. Beiser (D)

“I have in the past.”

Dave Winters (R)

“You have used them. Now, do you use canoes and kayaks? Are you skilled enough in watercraft to use canoes and kayaks?”

Daniel V. Beiser (D)

“Yes.”

Dave Winters (R)

“You can… you can take a kayak, do an Eskimo roll and get back up?”

Daniel V. Beiser (D)

“The skill in kayak is a little different than canoe. No, I wouldn’t say I’m adept at kayaks.”

Dave Winters (R)

“Okay. Well, I… I really have a problem that you’re trying to bring this unskilled watercraft into the same class as the obviously skilled canoes and kayakers in the state. The Illinois Paddling Council probably will be a major opponent of this Bill because watercraft obviously can’t cano… they can’t be on the rivers of this state. The… the really fun ones, the… Vermilion River in LaSalle County where we’ve got some major rapids down there. I would hate to see you because of this registration encourage additional watercraft in Illinois, that they are gonna get our citizens in trouble when they’re on the rivers where they should be. We should have a higher fee for them so that we can make sure that those… those 09400013.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 potential watercraft users are safe. Wouldn’t you agree that would be a… a good way to go about it?”

Daniel V. Beiser (D)

“I certainly wouldn’t want to see anyone take their life in their own hands, but… I appreciate your comments on that.”

Dave Winters (R)

“Well, the other… the other concern I have which is a different line is that you don’t have anything to do with rowboats in here. Now, I think it’s egregious that if you’re going to help the paddle craft owners to have a lower fee because they are nonmotorized, relatively low impact, what about… what about rowboats? They’re not in this legislation and yet if they’re under 16 feet, they are gonna have a higher fee than the paddle craft.”

Daniel V. Beiser (D)

“Because they can be motorized.”

Dave Winters (R)

“Pardon?”

Daniel V. Beiser (D)

“’Cause they have the ability to have a motor put on their transom.”

Dave Winters (R)

“Okay. So, you’re saying that the distinction is you can’t put a motor on a paddleboat?”

Daniel V. Beiser (D)

“I’ve never seen one motorized. No, Sir.”

Dave Winters (R)

“Well, I tell ya what, I know a lot of farmers that… ya know, in the winter time they’ve got nothing to do in their shops and they would love to put a motor, maybe even make a jet boat… water… water… paddle craft. We could have a lot fun with this. You do not make sure… does it make sure that the paddle craft have no motor? Is that included? Or is it just a paddle craft by definition?”

Daniel V. Beiser (D)

“Yes. It only applies to nonmotorized by defin…” 09400013.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Dave Winters (R)

“Only nonmotorized paddle craft. Okay. Well, you… you’ve reassured me on that. The last point I’ll make is… is that this Bill, excuse me, this provision in our statutes raises over $4 million in boat registration fees. Now, by lowering this fee, you understand that you’re probably going to lead to the firing of at least one more DNR employee because we won’t have the funds to pay for his employment. Is that the intent of this legislation is to cut the registration fees going to DNR so that that agency shrinks even further?”

Daniel V. Beiser (D)

“No… I… it’s not my intent to lay anyone off of…”

Dave Winters (R)

“Do you have the fiscal impact on this? Do you know how many watercraft… paddle craft there are?”

Daniel V. Beiser (D)

“No… they estimate between 2 and 3 thousand.”

Dave Winters (R)

“Two and 3 thousand and the reduction is about $9… from $15 to 6?”

Daniel V. Beiser (D)

“It’d be about 18… 18 thousand to 27 thousand.”

Dave Winters (R)

“Two thousand watercraft? Is that the figure you have times nine…”

Daniel V. Beiser (D)

“That’s their… their… that’s…”

Dave Winters (R)

“Eighteen thousand dollars? That is the majority of pay for an entry level DNR staffer. You’ve just fired another DNR staffer. Thank you very much.”

Gary Hannig (D)

Speaker Hannig: “The Gentleman from Jackson, Representative Bost.”

Mike Bost (R)

“Just a… just a few questions, if… if I may. To the… to the… Will the Sponsor yield?”

Gary Hannig (D)

“The Sponsor will yield.” 09400013.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Mike Bost (R)

“Representative, I… I have a concern because, ya know, we always, when we work on legislation here in this House… as we affect the budget. You should always check with the second floor. Did you go to the Governor and talk with him directly? Is he… is he okay with this reduction in his bud… budget?”

Daniel V. Beiser (D)

“I have not talked to the Governor nor his staff.”

Mike Bost (R)

“You haven’t spoke… Do you think you should go ahead and pull the Bill out of the record and go talk to the Governor before we decide to move this to find out if he’s all right with it?”

Daniel V. Beiser (D)

“No. I… I don’t believe so. I…”

Mike Bost (R)

“So, you’re gonna buck the Governor on this is what you’re saying?”

Daniel V. Beiser (D)

“What I’m gonna do is go forward and… and… if the dollar amount’s too much to incur…”

Mike Bost (R)

“Well, I… I wanna warn ya. There’s freshmens that have done this before and they’ve been referred to as ‘wallflowers’ when that occurs. Now, now… I want you to know that… that there’s a possibility you… you could be called names in the press if you continue with this.”

Daniel V. Beiser (D)

“Fully understood.”

Mike Bost (R)

“And the only other concern I have is, it’s… since this is your first Bill, did anybody tell you maybe you shouldn’t have tried to move your first Bill on the last day of the week when everybody’s trying to get out of here because the debate goes on and on and on and on. It… it’ll just ruin it with everybody.” 09400013.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Daniel V. Beiser (D)

“I thought it might work the opposite.”

Mike Bost (R)

“Well, I… I hope, but we’ll see how the vote goes.”

Gary Hannig (D)

“The Lady from Will, Representative Kosel.”

Renee Kosel (R)

“Thank you. Will the Sponsor yield?”

Gary Hannig (D)

“He indicates he’ll yield.”

Renee Kosel (R)

“I believe in the… in the last set of questioning, you said there were… some several thousand paddleboats in the State of Illinois?”

Daniel V. Beiser (D)

“DNR estimates between 2 and 3 thousand.”

Renee Kosel (R)

“I’m a paddleboat owner. So, first of all, I have to declare a conflict of interest in voting for this Bill. But I will be following my conscience and… and voting my conscience on it. What is the minimum size of paddleboat that this affects?”

Daniel V. Beiser (D)

“As small as they would make it.”

Renee Kosel (R)

“So, as small as they would make it. And… what kind of water? If the water is on the local farm pond? When I drive down here, I see a paddleboat on one of the local farm ponds all the time along 55. Are they required now to register that, even though they’re on private land?”

Daniel V. Beiser (D)

“It’s my impression they are, yes.”

Renee Kosel (R)

“So, in other words the… the number that you give me includes those thousands and thousands that Sam’s Club has sent… sold within the State of Illinois. Are you willing through this legislation to send out a notice to everyone in the state who has bought these through Sam. I’m sure there’s a lot more than… than the few that DNR is talking 09400013.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 about and making sure that they are aware that they now have to register those.”

Daniel V. Beiser (D)

“I think compliance is always something we should strive for. As far as how to accomplish that, I… I really don’t have the answer.”

Renee Kosel (R)

“To the Bill, Mr. Speaker. In this time of the budget’s crisis, I think this is an extremely bad idea to be cutting revenue for the State of Illinois. And I would encourage everyone to take that into consideration as they vote on this Bill.”

Gary Hannig (D)

“Representative Beiser to close.”

Daniel V. Beiser (D)

“I just appreciate all the feedback and I would like a favorable consideration.”

Gary Hannig (D)

“The question is, 'Shall House Bill 445 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Reitz, would you like to call 601? Mr. Clerk, read the Bill.”

Mahoney

“House Bill 601, a Bill for an Act concerning agriculture. Third Reading of this House Bill.”

Gary Hannig (D)

“Representative Reitz.”

Dan Reitz (D)

“Thank you, Mr. Speaker. House Bill 601 deals with the Soybean Marketing Board. It combines two board and it 09400013.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 takes a 12-member board adds 6 at-large members. This is an initiative of the Department of Agriculture and the Soybean Council trying to make sure that we serve the… the farmers that raise soybeans and have input. And try to make sure that we keep this a good, viable industry in the State of Illinois. And I’d be happy to answer any questions not regarding paddleboats.”

Gary Hannig (D)

“The Gentleman has moved for passage of House Bill 601. And on that question, the Gentleman from Winnebago, Representative Winters.”

Dave Winters (R)

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

Gary Hannig (D)

“He indicates he’ll yield.”

Dave Winters (R)

“Dan, is this an initiative that, I believe, there’s two boards that are being merged. Is this… is this the…”

Dan Reitz (D)

“Correct.”

Dave Winters (R)

“…the legislation?”

Dan Reitz (D)

“The soybean board and the check-off board.”

Dave Winters (R)

“Okay.”

Dan Reitz (D)

“And this is the way to accommodate the merger of those two boards since they don’t use the check-off board any more.”

Dave Winters (R)

“So, currently, there is a… the check-off board and that’s going out of existence, does that take legislation also or is it… or…?”

Dan Reitz (D)

“No, I believe it’s… it’s more federal, I… I think. And that’s… and this is an opportunity to… to get… allow the people that were serving on the check-off board to merge into this board and have six lar… at-large districts. 09400013.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 They’re going to keep the same geographical boundaries that they had without… throughout the state. And after they appoint them, then basically they’re… they’re meeting where they merged and they will take these and elect ‘em in staggered increments over the next few years.”

Dave Winters (R)

“So that there are continuing board members that are currently serving and will continue until the end of their term and just as the new ones are elected then.”

Dan Reitz (D)

“That’s correct. The Soybean Marketing Board will stay intact. And I… and I believe the agreement and the intent is to allow the people that served on the check-off board to roll into that board and put input into decisions.”

Dave Winters (R)

“Okay. Thank you.”

Gary Hannig (D)

Speaker Hannig: “The Gentleman from Knox, Representative Moffitt.”

Donald L. Moffitt (R)

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

Gary Hannig (D)

“He indicates he’ll yield.”

Donald L. Moffitt (R)

“Representative, I don’t believe you addressed the subject. In the past, there’s been a guarantee of some geographical balance. I don’t believe you mentioned that. Will there continue to be?”

Dan Reitz (D)

“There will be on the… the… the board will. The current market where we will keep the same geographical boundaries that they have. There will be six at-large. And it’s… it’s the testimony… it’s the intent of the… the people representing the soybean association to make sure that those other six members are geographically balanced also.” 09400013.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Donald L. Moffitt (R)

“And it’s… it’s your intent and you believe and as it came out in discussion, that this’ll really: (1) The industry supports this. (2) It allows them to operate more efficiently and stay on task of really promoting the industry.”

Dan Reitz (D)

“That’s correct.”

Donald L. Moffitt (R)

“I… I commend you for your efforts and I… I think this is legislation that we… we certainly want to support and move on out of this chamber. Thank you for bringing it to us.”

Dan Reitz (D)

“Thank you.”

Gary Hannig (D)

“Is there any further discussion? Then the question is, 'Shall House Bill 601 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kosel, would you like to vote on this issue? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flowers is recognized for a Motion to Table House Bill 643. Is that correct? Okay. The Lady moves that House Bill 643 by tabled. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. Motion is adopted and House Bill 643 is tabled. Okay. We’re gonna start now on page 2 of the Calendar for Second Readings. We’ll exclude those Bills that have note requests and then we’ll just go down the list. We’ll start with House Bill 114. Representative Feigenholtz, would you like us to move 09400013.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 that Bill? Okay. Out of the record. House Bill 166, Representative Collins. Would you like us to move your Bill, Representative? Second to Third? Would you like us to read the Bill? Do you have an Amendment pending? Okay. Out of the record. Representative Leitch on 179. Out of the record. Representative Delgado on 202. Would you like us to move that Bill? From Second to Third? Okay, hold the Bill at the request of the Sponsor. How about 211, 211? Okay, hold that Bill. Representative Joe Lyons on 232. Out of the record. Representative Flowers. Representative Mary Flowers. Representative Flowers, how about if we would… would you wish us to move House Bill 258? Okay. Out of the record. Representative Joyce on House Bill 350. Out of the record. Representative Rose on 368. Out of the record. And Representative Mautino on House Bill 500. Out of the record. So now, on the Order of Supplemental Calendar #1, there are a number of Bills that are on Second Reading. I’m sor… excuse me, that have… yes, that are on Second Reading. And we’re gonna go right down the list and if there are no requests for notes, we’ll ask the Sponsor if they wish to move them to Third. So right on the top is House Bill 9, Representative Miller. Out of the record. Representative Rita on House Bill 43. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 43, a Bill for an Act concerning health. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.” 09400013.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Gary Hannig (D)

Speaker Hannig: “Third Reading. House Bill 60 for Representative Lang. I think Representative Lang was excused. So, we’ll go to House Bill 112, Representative Feigenholtz. Representative Feigenholtz on 112. Out of the record. Representative Poe, would you like us to move that? Mr. Clerk, read the Bill, 119.”

Mahoney

“House Bill 119, a Bill for an Act concerning state employee group insurance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

Speaker Hannig: “Third Reading. Representative Coulson on House Bill 175. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 175, a Bill for an Act concerning children. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 190. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 190, a Bill for an Act concerning liens. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 212. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 212, a Bill for an Act concerning law enforcement. Second Reading of this House Bill. No Committee… Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 237. Mr… Mr. Clerk, read the Bill.” 09400013.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Mahoney

“House Bill 237, a Bill for an Act concerning landlords. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

Speaker Hannig: “Third Reading. House Bill 264. Representative Watson, 264. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 264, a Bill for an Act concerning cemeteries. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 294. House Bill 294, Representative Bill Mitchell. Representative Mitchell. Would you like us to read this? Okay. Out of the record. Representative Fritchey on House Bill 312. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 312, a Bill for an Act concerning schools. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. Representative Rose on 361. Out of the record. Mr. Rose on 363. Representative Rose, 363. Out of the record. 374, Representative Osmond. Out of the record. Representative Soto on… Okay. Out of the record. Representative Monique Davis on 383. Out of the record. 386, Representative Hoffman. Out of the record. Representative Lindner, would you like us to move 394? Representative Lindner, 394. Mr. Clerk, read the Bill.” 09400013.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Mahoney

“House Bill 394, a Bill for an Act concerning the visitation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. Representative Rita, 406. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 406, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. Representative Ryg on 414. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 414, a Bill for an Act concerning pollution control. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 433, Representative Scully. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 433, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. Representative Joyce. Okay. Out of the record on 452. Representative Feigenholtz on 487. Mr. Clerk, read the Bill.” Clerk Mahoney: “House Bill 487, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.” 09400013.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Gary Hannig (D)

“Third Reading. Representative Holbrook. Mr. Clerk, read the Bill, 488.”

Mahoney

“House Bill 488, a Bill for an Act concerning local government. No Committee Amendments… Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. Representative Granberg on 509. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 509, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. And Representative Granberg on 511. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 511, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. 518, Representative Holbrook. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 518, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. Representative Miller on House Bill 521. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 521, a Bill for an Act concerning government. Second Reading of this House Bill. No 09400013.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. Representative Graham. Mr. Clerk, read the Bill, 523.”

Mahoney

“House Bill 523, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 528. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 528, a Bill for an Act concerning Township Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 544. Okay. Out of the record. 566. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 566, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 577. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 577, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 583. Mr. Clerk, read the Bill.” 09400013.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Mahoney

“House Bill 583, a Bill for an Act concerning civil law. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 593. Out of the record. House Bill 615, Representative Delgado. 615. Would you like us to move that from Second to Third? Okay, Mr. Clerk, read the Bill.”

Mahoney

“House Bill 615, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 617, Representative Fritchey. From Second to Third. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 617, a Bill for an Act concerning civil liabilities. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

Speaker Hannig: “Third Reading. Representative Flowers on House Bill 641. Should we move that from Second to Third? Mr. Clerk, read the Bill.”

Mahoney

“House Bill 641, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. Mr. Clerk, on House Bill 648, Representative Franks.” 09400013.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Mahoney

“House Bill 648, a Bill for an Act concerning aging. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Excuse me. Representative Franks, do you wish to move that to Third? Okay. Third Reading. House Bill 654, Representative Franks. Okay. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 654, a Bill for an Act concerning the courts. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. House Bill 668, Representative Tryon. Mr. Clerk, read the Bill.”

Mahoney

“House Bill 668, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”

Gary Hannig (D)

“Third Reading. On Supplemental Calendar #… Okay. Mr. Clerk, Committee Reports.”

Mahoney

Clerk Mahoney: “Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following Legislative measure/s and/or Joint Action Motions was/were referred, action taken on Wednesday, February 10, 2005, reported the same back with the following recommendation/s: 'approved for Floor consideration' is House Joint Resolution #16, offered by Representative Currie.” 09400013.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005

Gary Hannig (D)

“And now on Supplemental Calendar #2 is… is on the Order of Resolutions is House Joint Resolution 16. And Representative Currie moves for the adoption of the Resolution. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Mr. Clerk, would you read the Agreed Resolutions?”

Mahoney

Clerk Mahoney: “The Order of Agreed Resolutions: House Resolution 104, offered by Representative Chapa LaVia. House Resolution 106, offered by Representative Churchill. And House Resolution 108, offered by Representative Richard Myers.”

Gary Hannig (D)

“Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Agreed Resolutions are adopted. Representative Washington, for what reason do you rise?”

Eddie Washington (D)

“Thank you, Mr. Speaker. I just wanted to share some information with my colleagues before we adjourn. Some things that I’m sure they already recognize about this month. But during this month, which is designated as Black History Month, is a month to embrace the legacy of endurance by blacks in the western hemisphere and in diaspora. And on October 7, 1995, we witnessed one of the biggest gathering in recorded history where more than 2 to 3 million American blacks and others gathered to commit to a better America and a better community. America is made better through individual steps. Individual gain that results in collective strengths of goodwill and purpose. 09400013.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Charity does begin at home. Once again, history will be made this year for the 10th anniversary of that occasion of the Million Man March. And speaking of history and the importance of history, whether he is called ‘the Black Pearl’ or la tulipa negro. (Loosely translated=black tulip in Portuguese) Edson Arantes Do Nascimento, better known as Pele, at one time was the most famous athlete, ‘the King of Soccer’. His professional acknowledgement were more than 1200 goals scored in his career leader and inspiration of a Brazilian team that won an unheard of three World Cup Championship in 1958, ‘62 and ‘70. And last but not least, we recognize one of Illinois’s favorite daughters, Miss Oprah Winfrey, as supervising producer and host of the top- rated, award winning, Oprah Winfrey Show. And I’m sure all of us that’s a name that nobody’s a stranger to, but some of the thing that Miss Winfrey has done goes beyond the borders of Illinois and the national borders of America and being the best that we all can be and she represents that. Oprah Winfrey established the Oprah Winfrey Foundation in ’87 to support education and empowerment of women and children and families in the United States and around the world. And through this private charity, Oprah has awarded hundreds of grants to organizations that carry out this vision. In December of 2002, the Oprah Winfrey Foundation expanded its global humanitarian efforts with a Christmas kindness in South Africa would never forget. It included visits to orphanage, children receive gift… over 50 thousand children received gifts of food, clothing, 09400013.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 athletic shoes, school supplies, books and toys. And 63 rural schools received libraries and teachers education to help to continue the education of people abroad. In 1997, Oprah Winfrey established Oprah’s Angel Network, a public charity launched on the Oprah Winfrey Show and featured on Opre… Oprah.com to inspire people to use their lives and encourage them to make a difference in the lives of the others. To date, Oprah’s Angel Network has raised nearly $27 million with 100 percent of audience donation going to nonprofit organization across the globe. These are just a few of the achievements of someone who is in the borders of the State of Illinois, someone who is an ambassador without an official title. And I think it is so appropriate along with Pele and the other that I just mentioned, that we understand that Black History Month is not the month of achievements of slaves, but it’s the achievement of a people that have a legacy because it is founded and written that the beginning of mankind is in Africa. So, in some form or fashion, direct or indirect, black people are very significant. And I take pride in sharing this information with my colleagues. Thank you, Mr. Speaker.”

Gary Hannig (D)

“Thank you, Representative Washington. Are there any announcements? Okay, then the Chair would just remind the Members that next week we’ll be in Session on Wednesday, Thursday and Friday. We’re gonna be here on Wednesday at the hour of 11:30. And the Governor will then give his budget address at noon. So now, Representative Currie moves, that allowing perfunctory time for the Clerk, 09400013.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 that the House stand adjourned until next Wednesday, February 16 at the hour of 11:30. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Resolution… the Motion is adopted and the House stands adjourned.”

Mahoney

“House Perfunctory Session will come to order. Introduction and reading of House Joint Resolution Constitutional Amendments. First Reading. Representative Reitz off… Constitution Joint… HJR 11(sic-HJRCA11), offered by Representative Reis. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to add Section 9 to Article XIII of the Illinois Constitution as follows: ARTICLE XIII GENERAL PROVISIONS SECTION 9. MARRIAGE To secure and preserve the benefits of marriage for our society and for future generations of children, only a union of one man and one woman shall be valid or recognized as a marriage in this State. This State and its political subdivisions shall not create or recognize a legal status similar to that of marriage. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the 09400013.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Illinois Constitutional Amendment Act. The full reading of House Joint Resolution Constitutional Amendment 11-First Reading. Introduction and reading of House Bills-First Reading. House Bill 1398, offered by Representative Feigenholtz, a Bill for an Act concerning civil law. House Bill 1399, offered by Representative Feigenholtz, a Bill for an Act concerning civil law. House Bill 1400, offered by Representative Chapa LaVia, a Bill for an Act concerning education. House Bill 1401, offered by Representative May, a Bill for an Act concerning education. House Bill 1402, offered by Representative Smith, a Bill for an Act in relation to firefighters. House Bill 1403, offered by Representative Smith, a Bill for an Act concerning public employee benefits. House Bill 1404, offered by Representative Chapa LaVia, a Bill for an Act concerning education. House Bill 1405, offered by Representative Hoffman, a Bill for an Act concerning finance. House Bill 1406, offered by Representative Patterson, a Bill for an Act concerning public aid. House Bill 1407, offered by Representative Madigan, a Bill for an Act concerning public employee benefits. House Bill 1408, offered by Representative Hoffman, a Bill for an Act concerning public employee benefits. House Bill 1409, offered by Representative Hoffman, a Bill for an Act concerning education. House Bill 1410, offered by Representative Hoffman, a Bill for an Act concerning education. House Bill 1411, offered by Representative Hoffman, a Bill for an Act concerning transportation. House Bill 1412, offered by 09400013.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Representative Hoffman, a Bill for an Act concerning transportation. House Bill 1413, offered by Representative Hoffman, a Bill for an Act concerning public aid. House Bill 1414, offered by Representative Hoffman, a Bill for an Act concerning public aid. House Bill 1415, offered by Representative Hoffman, a Bill for an Act concerning safety. House Bill 1416, offered by Representative Hoffman, a Bill for an Act concerning safety. House Bill 1417, offered by Representative Hoffman, a Bill for an Act concerning criminal law. House Bill 1418, offered by Representative Hoffman, a Bill for an Act concerning criminal law. House Bill 1419, offered by Representative Hoffman, a Bill for an Act concerning employment. House Bill 1420, offered by Representative Hoffman, a Bill for an Act concerning employment. House Bill 1421, offered by Representative Hoffman, a Bill for an Act concerning safety. House Bill 1422, offered by Representative Hoffman, a Bill for an Act concerning finance. House Bill 1423, offered by Representative Hoffman, a Bill for an Act concerning games. House Bill 1424, offered by Representative Hoffman, a Bill for an Act concerning liquor. House Bill 1425, offered by Representative Hoffman, a Bill for an Act concerning insurance. House Bill 1426, offered by Representative Berrios, a Bill for an Act concerning revenue. House Bill 1427, offered by Representative Biggins, a Bill for an Act concerning revenue. House Bill 1428, offered by Representative Yarbrough, a Bill for an Act concerning revenue. House 09400013.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Bill 1429, offered by Representative Eddy, a Bill for an Act concerning families. House Bill 1430, offered by Representative Osmond, a Bill for an Act concerning regulation. House Bill 1431, offered by Representative Myers, a Bill for an Act concerning civil law. House Bill 1432, offered by Representative Cross, a Bill for an Act concerning criminal law. House Bill 1433, offered by Representative Hassert, a Bill for an Act concerning gaming. House Bill 1434, offered by Representative Patterson, a Bill for an Act concerning criminal law. House Bill 1435, offered by Representative Lang, a Bill for an Act concerning revenue. House Bill 1436, offered by Representative Lang, a Bill for an Act concerning insurance coverage. House Bill 1437, offered by Representative Younge, a Bill for an Act making appropriations. House Bill 1438, offered by Representative Younge, a Bill for an Act concerning employment. House Bill 1439, offered by Representative Younge, a Bill for an Act concerning employment. House Bill 1440, offered by Representative Brauer, a Bill for an Act concerning business. House Bill 1441, offered by Representative Beaubien, a Bill for an Act in relation to local government. House Bill 1442, offered by Representative Poe, a Bill for an Act in relation to public employee benefits. House Bill 1443, offered by Representative Poe, a Bill for an Act concerning public employee benefits. House Bill 1444, offered by Representative Poe, a Bill for an Act concerning public employee benefits. House Bill 1445, offered by 09400013.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Representative Dunn, a Bill for an Act concerning regulation. House Bill 1446, offered by Representative Bailey, a Bill for an Act concerning safety. House Bill 1447, offered by Representative Daniels, a Bill for an Act concerning State Government. House Bill 1448, offered by Representative Daniels, a Bill for an Act concerning State Government. House Bill 1449, offered by Representative Daniels, a Bill for an Act concerning State Government. House Bill 1450, offered by Representative Daniels, a Bill for an Act concerning State Government. House Bill 1451, offered by Representative Daniels, a Bill for an Act concerning State Government. House Bill 1452, offered by Representative Daniels, a Bill for an Act concerning State Government. House Bill 1453, offered by Representative Hultgren, a Bill for an Act in relation to health. House Bill 1454, offered by Representative Fritchey, a Bill for an Act concerning elections. House Bill 1455, offered by Representative Watson, a Bill for an Act concerning fish. House Bill 1456, offered by Representative Daniels, a Bill for an Act concerning regulation. House Bill 1457, offered by Representative Hannig, a Bill for an Act concerning finance. House Bill 1458, offered by Representative Chapa LaVia, a Bill for an Act concerning local government. House Bill 1459, offered by Representative Chapa LaVia, a Bill for an Act concerning husbandry. House Bill 1460, offered by Representative Millner, a Bill for an Act concerning criminal law. House Bill 1461, offered by Representative Flider, a Bill for an Act concerning 09400013.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 education. House Bill 1462, offered by Representative Flider, a Bill for an Act concerning education. House Bill 1463, offered by Representative Flider, a Bill for an Act concerning driver's licenses. House Bill 1464, offered by Representative Brosnahan, a Bill for an Act concerning criminal law. House Bill 1465, offered by Representative Brosnahan, a Bill for an Act concerning criminal law. House Bill 1466, offered by Representative Brosnahan, a Bill for an Act concerning criminal law. House Bill 1467, offered by Representative Brosnahan, a Bill for an Act concerning criminal law. House Bill 1468, offered by Representative Chavez, a Bill for an Act concerning education. House Bill 1469, offered by Representative Chavez, a Bill for an Act concerning criminal law. House Bill 1470, offered by Representative Krause, a Bill for an Act concerning revenue. House Bill 1471, offered by Representative Black, a Bill for an Act concerning driving offenses. House Bill 1472, offered by Representative Franks, a Bill for an Act concerning business. House Bill 1473, offered by Representative Franks, a Bill for an Act concerning local government. House Bill 1474, offered by Representative Delgado, a Bill for an Act concerning education. House Bill 1475, offered by Representative Eddy, a Bill for an Act concerning schools. House Bill 1476, offered by Representative Coulson, a Bill for an Act concerning State Government. House Bill 1477, offered by Representative Coulson, a Bill for an Act concerning regulation. House Bill 1478, offered by Representative 09400013.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Pihos, a Bill for an Act concerning civil law. House Bill 1479, offered by Representative Pihos, a Bill for an Act concerning appropriations. House Bill 1480, offered by Representative Phelps, a Bill for an Act concerning labor. House Bill 1481, offered by Representative Giles, a Bill for an Act concerning education. House Bill 1482, offered by Representative Davis, Monique, a Bill for an Act concerning regulation. House Bill 1483, offered by Representative Dugan, a Bill for an Act concerning criminal law. House Bill 1488(sic-1484), offered by Representative Mautino, a Bill for an Act concerning education. House Bill 1485, offered by Representative Hamos, a Bill for an Act concerning safety. House Bill 1486, offered by Representative Mautino, a Bill for an Act concerning wildlife. House Bill 1487, offered by Representative McCarthy, a Bill for an Act concerning education. House Bill 1488, offered by Representative Sacia, a Bill for an Act concerning health. House Bill 1489, offered by Representative Hamos, a Bill for an Act concerning insurance. House Bill 1490, offered by Representative Hamos, a Bill for an Act concerning local government. House Bill 1491, offered by Representative Biggins, a Bill for an Act concerning name changes. House Bill 1492, offered by Representative Joyce, a Bill for an Act in relation to public employee benefits. House Bill 1493, offered by Representative Joyce, a Bill for an Act concerning public employee benefits. House Bill 1494, offered by Representative Joyce, a Bill for an Act in 09400013.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 relation to public employee benefits. House Bill 1495, offered by Representative Joyce, a Bill for an Act concerning public employee benefits. House Bill 1496, offered by Representative Joyce, a Bill for an Act in relation to public employee benefits. House Bill 1497, offered by Representative Joyce, a Bill for an Act in relation to public employee benefits. House Bill 1498, offered by Representative Joyce, a Bill for an Act concerning public employee benefits. House Bill 1499, offered by Representative Joyce, a Bill for an Act concerning public employee benefits. House Bill 1500, offered by Representative Moffitt, a Bill for an Act concerning local government. House Bill 1501, offered by Representative Joyce, a Bill for an Act concerning public employee benefits. House Bill 1502, offered by Representative Joyce, a Bill for an Act concerning safety. House Bill 1503, offered by Representative Joyce, a Bill for an Act concerning public employee benefits. House Bill 1504, offered by Representative Boland, a Bill for an Act concerning revenue. House Bill 1505, offered by Representative Ryg, a Bill for an Act making appropriations. House Bill 1506, offered by Representative Ryg, a Bill for an Act making appropriations. House Bill 1507, offered by Representative Leitch, a Bill for an Act concerning government. House Bill 1508, offered by Representative Davis, William, a Bill for an Act concerning criminal law. House Bill 1509, offered by Representative Parke, a Bill for an Act concerning regulation. House Bill 09400013.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 1510, offered by Representative Leitch, a Bill for an Act concerning State Government. House Bill 1511, offered by Representative Tenhouse, a Bill for an Act concerning human services. House Bill 1512, offered by Representative Burke, a Bill for an Act concerning wildlife. House Bill 1513, offered by Representative Burke, a Bill for an Act concerning regulation. House Bill 1514, offered by Representative Mathias, a Bill for an Act concerning safety. House Bill 1515, offered by Representative Lyons, Joseph, a Bill for an Act concerning public employee benefits. House Bill 1516, offered by Representative Hamos, a Bill for an Act concerning health. House Bill 1517, offered by Representative Brady, a Bill for an Act concerning remains. House Bill 1518, offered by Representative Yarbrough, a Bill for an Act concerning health. House Bill 1519, offered by Representative Colvin, a Bill for an Act concerning revenue. House Bill 1520, offered by Representative Colvin, a Bill for an Act making appropriations. House Bill 1521, offered by Representative Miller, a Bill for an Act concerning education. House Bill 1522, offered by Representative Coulson, a Bill for an Act concerning loan repayment assistance for physicians. House Bill 1523, offered by Representative Mathias, a Bill for an Act concerning civil procedure. House Bill 1524, offered by Representative Rose, a Bill for an Act concerning elections. House Bill 1525, offered by Representative Chapa LaVia, a Bill for an Act concerning health. House Bill 1526, offered by Representative Watson, a Bill for an 09400013.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 Act concerning business transactions. House Bill 1527, offered by Representative Black, a Bill for an Act in relation to public employee benefits. House Bill 1528, offered by Representative Black, a Bill for an Act concerning public employee benefits. House Bill 1529, offered by Representative Krause, a Bill for an Act concerning State Government. House Bill 1530, offered by Representative Krause, a Bill for an Act concerning State Government. House Bill 1531, offered by Representative Millner, a Bill for an Act concerning telecommunications. House Bill 1532, offered by Representative Cross, a Bill for an Act in relation to juvenile diabetes research. House Bill 1533, offered by Representative Cross, a Bill for an Act concerning health. House Bill 1534, offered by Representative Cross, a Bill for an Act concerning education. House Bill 1535, offered by Representative Cross, a Bill for an Act concerning education. House Bill 1536, offered by Representative Cross, a Bill for an Act concerning education. House Bill 1544, offered by Representative Bassi, a Bill for an Act concerning local government. House Bill 1545, offered by Representative Lyons, Eileen, a Bill for an Act concerning tuberculosis sanitariums. House Bill 1546, offered by Representative Lyons, Eileen, a Bill for an Act concerning local government. House Bill 1547, offered by Representative McKeon, a Bill for an Act concerning local government. House Bill 1548, offered by Representative Currie, a Bill for an Act concerning State Government. House Bill 1549, 09400013.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day 2/10/2005 offered by Representative Holbrook, a Bill for an Act concerning public health. House Bill 1550, offered by Representative Rose, a Bill for an Act concerning transportation. House Bill 1551, offered by Representative Poe, a Bill for an Act concerning regulation. House Bill 1552, offered by Representative Osmond, a Bill for an Act concerning revenue. House Bill 1537, offered by Representative Cross, a Bill for an Act concerning schools. House Bill 1538, offered by Representative Cross, a Bill for an Act concerning schools. House Bill 1539, offered by Representative Cross, a Bill for an Act concerning schools. House Bill 1540, offered by Representative Cross, a Bill for an Act concerning education. House Bill 1541, offered by Representative Cross, a Bill for an Act concerning education. House Bill 1542, offered by Representative Sacia, a Bill for an Act concerning the General Assembly. House Bill 1543, offered by Representative Brauer, a Bill for an Act concerning public employee benefits. There being no further business, the House Perfunctory Session will stand adjourned.” 09400013.doc 64