“The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off their laptop computers, cell phones and pagers. And we ask the guests in the gallery to rise and join us in the invocation and the Pledge of Allegiance. We shall be led in prayer today by the Reverend Terry Harter of the First United Methodist Church in Champaign. Reverend Harter is the guest of Representative Jakobsson.”
Reverend Harter: “Thank you, Mr. Speaker. Greetings from Champaign/Urbana whose official religion is Illini football. I represent another group there. Let us pray. We are privileged and thankful, Oh God, that we can begin a new day with these words of prayer. With grateful hearts for the wonder, beauty and glory of Your creation. With appreciation for friends and family who care for us and support us in our every need. With enthusiasm for the honor and responsibility of being called to serve the people of Illinois. With humility as we recall that decisions here affect our neighbors and constituents who live daily in desperate need. With joy for the opportunities to live and breathe the meaning of faith, hope and love. We offer these words of gratitude, thanksgiving and blessing. May God bless this honorable House, its Members and staff and the people of the State of Illinois. Amen.”
“We shall be led in the Pledge of Allegiance by Representative Eileen Lyons.” 09400016.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 Lyons, E. – 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.”
“Roll Call for Attendance. Representative Currie.”
“Thank you, Speaker. Please let the record show that Representative Will Davis is excused today.”
“Mr. Bost.”
“Thank you, Mr. Speaker. Please let the record reflect that all Republicans are present today.”
“The Clerk shall take the record. There being 117 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk.”
Clerk Mahoney: “Committee Reports. Representative Flowers, Chairperson from the Committee on Health Care Availability & Access, to which the following measure/s was/were referred, action taken on February 16, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 639; 'do pass as amended Short Debate' House Bill 130. Representative Brosnahan, Chairperson from the Committee on Consumer Protection, to which the following measure/s was/were referred, action taken on February 16, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 451 and House Bill 1195. Representative Jefferson, Chairperson from the Committee on Elections & Campaign Reform, to which the following measure/s was/were referred, 09400016.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 action taken on February 16, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 1043. Representative Hoffman, Chairperson from the Committee on Transportation & Motor Vehicles, to which the following measure/s was/were referred, action taken on February 16, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 1132, House Bill 1334, House Bill 1377, House Bill 1386 and House Bill 1387; 'do pass as amended Short Debate' House Bill 744. Representative Granberg, Chairperson from the Committee on Agriculture & Conservation, to which the following measure/s was/were referred, action taken on February 16, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 478, House Bill 665, House Bill 716, House Bill 892, House Bill 935, House Bill 942, House Bill 943 and House Bill 1181. Representative Mautino, Chairperson from the Committee on Insurance, to which the following measure/s was/were referred, action taken on February 16, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 316. Representative Collins, Chairperson from the Committee on Public Utilities, to which the following measure/s was/were referred, action taken on February 16, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 1321. Referred to the House Committee on Rules: House Resolution 117, offered by Representative McGuire, House Resolution 119, offered by 09400016.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 Representative Beiser and House Resolution 120, offered by Representative Coulson.”
“Representative Hannig is in the Chair. On page 4 of the Calendar, under the Order of House Bills- Third Reading, we’ll begin with House Bill 190. Representative Beaubien. Mr. Clerk, read the Bill.”
“House Bill 190, a bill for an Act concerning liens. Third Reading of this House Bill.”
“Representative Beaubien.”
“Thank you, Mr. Speaker. This Bill amends the Health Care Services Lien Act and adds to the definition of ‘health care provider’ long term… licensed longterm care facilities. The other people covered under the Act are licensed hospitals, licensed home health agencies, Illinois ambulatory surgical centers… treatment centers and licensed emergency medical services personnel. So, it just adds one more… indiv… group to be covered under this particular Act. And I urge your ‘aye’ vote.”
“The Gentleman has moved for passage of House Bill 190. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in… Representative Franks, did you have a question or a comment?”
“Question.”
“Representative Franks.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“I just had a chance to read this for the first time, Representative. I just… looking at the list of the 09400016.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 proponents and there’s only one opponent. Can you tell me why the Illinois State Bar Association is opposed to it?”
“The Illinois Bar Association has told me that they’re not opposed to it.”
“Oh, they’re not?”
“They are not opposed to it.”
“Okay, then our…”
“They are neutral on the Bill.”
“…then our analys…”
“I talked… I talked to them. Your analysis is incorrect.”
“Thank you.”
“So then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flider, for what reason do you rise?”
“Mr. Speaker, point of personal privilege.”
“State your point.”
“Mr. Speaker, Ladies and Gentlemen of the House. Today in our gallery we have a couple of very important people here. And I’d like to introduce them to you. They’re from Decatur, Illinois. Denene Wilmeth, a former Board of Education member, is here on behalf of tourism and she’s the Executive Director of the Decatur Area Convention and 09400016.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 Visitors Bureau. We also have Christina Mason of the bureau here. They’re up here in the gallery to my left. I wonder if you would welcome them here to the General Assembly.”
“Welcome to Springfield. Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Chairman. Pursuant to a Motion I have filed in writing on page 6 of the Calendar, I would move to table House Bill 47.”
“Okay. And you’re the… you’re the principal Sponsor?”
“Yes. Yes, I am.”
“Okay. So Rep… Representative Black moves to table House Bill 47. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Bill is tabled. Back to page 5 of the Calendar, under House Bills-Third Reading is House Bill 518. Representative Holbrook. Mr. Clerk, read the Bill.”
“House Bill 518, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“The Gentleman from St. Clair, Representative Holbrook.”
“Thank you, Speaker. House Bill 518 sets up a program and has the National Guard set up to authorize that program to set up a $100 stipend for veteran service organizations to perform honors programs when a veteran passes away. Currently, they do about 2 thousand of these a year, but they do none of them south of Springfield. 09400016.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 This is… the fund it is setting up has not been funded. I don’t know of any opposition to this. I hope to work with the Governor’s Office on a funding source for this. They’re looking at probably about $40 thousand for this fund. Be glad to take any questions.”
“And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, where did you say the 40 thousand estimated cost will come from?”
“There is no appropriation in this. This just has… the National Guard set up the program and set up the line item for it. We’re gonna have to put some money into it and I’m working with the Governor’s Office for that. They’re estimating the cost would be about $40 thousand.”
“But at this time, there is no revenue for this.”
“No. We have not set up a revenue source for it but it would establish the program just as we do in several other cases where we’ve set up programs, revolving loan programs unfunded at that point until we can work out the funding source.”
“Thank you. To the Bill. Ladies and Gentlemen, I’m very sympathetic to the Sponsor’s Bill. I’m a veteran myself. I think this is something that is gonna be helpful and useful. But in the big picture, this year, we had our Governor yesterday stand before us and say that without a funding source we ought not to be passing any legislation. 09400016.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 This is his wish to the General Assembly and I think it’s valid that if you don’t have a funding source for legislation then you ought not to be doing it. As much as I think that the Gentleman’s Bill… underlying Bill has merit, I think we better start taking good close attention and viewing as a Body how much legislation, though it’s… might be worthwhile, are we gonna pass without any money to pay for it. It all feels good but ultimately when a bottom line comes in we don’t have money to pay for it. These… programs that we have passed raising expectations and then not being able to fund is… is somewhat disingenuous to the taxpayers and the citizens that any legislation proposed to us in the next four months. So… though I’m gonna be supporting the Gentleman’s Motion, I think we oughta bet… better start taking a good hard look at what we’re putting up since there’s no money for a lot of it to pass, is it really what we oughta be doing? ‘Cause, ultimately, if the Governor’s standing by what he said to us, then he’s gonna have to veto an awful lot of legislation.”
Speaker Hannig: “Is there any further discussion? Representative Holbrook to close.”
“I couldn’t agree with Representative Parke any more. I’ll be working with the Governor’s Office on this force of revenue. I’d appreciate an ‘aye’ vote.”
“The question is, 'Shall House Bill 518 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. 518. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the 09400016.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 record. On this question, there are 117 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce, for what reason do you rise?”
“Point of personal privilege, Mr. Speaker.”
“State your point.”
“Mr. Speaker, up in the gallery there’s a group of young women from Trinity Christian College. They are the social work student organization that are down here advocating on behalf of veterans’ benefits for veterans from the State of Illinois. Please… I ask you to welcome them to Springfield.”
“Representative Mendoza, for what reason do you rise?”
“Point of personal privilege, Mr. Speaker.”
“State your point.”
“Up in the gallery right behind me, there’s a group of visitors to our State Capitol today that have traveled quite a ways. All the way from Belarus, near Russia. And they’re part of a program sponsored by the Heartland International… and Community Connections that is part of a U.S. State Department sponsored program. I’d like to welcome these people from Belarus. The Belarusian participants today are organizational leaders and local government officials who are interested in learning about business development and small business administration. And so, we hopefully are happy to host them and would like 09400016.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 to welcome them here today. If we could all recognize them.”
“Welcome to Springfield. On 5… on page 5 of the Calendar is House Bill 521. Representative Miller, would you like us to read that Bill? Mr. Clerk, read the Bill.”
“House Bill 521, a Bill for an Act concerning government. Third Reading of this House Bill.”
“Representative… Rep… The Gentleman from Cook, Representative Miller.”
“Thank you, Mr. Chairman… Mr. Speaker, Ladies and Gentlemen of the House. House Bill 51… 521 allows active employees of immediate retirees under age 60 to opt for eight times their basic… basic life insurance policy. It’s… currently four times. The retirees age 60 and over can opt for four times the basic amount. There’s no cost to the… to the state. I ask for a favorable vote.”
“The Gentleman has moved for passage of House Bill 521. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Graham? Representative Graham would like us the read House Bill 523. Mr. Clerk, would you read the Bill.” 09400016.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“House Bill 523, a Bill for an Act concerning safety. Third Reading of this House Bill.”
“Representative Graham.”
“Thank you, Mr. Speaker. House Bill 523 amends the Environmental Protection Act. Provide that no permits shall be required for the operation of sharps collection station if the operator follows certain procedures concerning the acceptance, storage, treatment, disposal and transportation of medical waste. This Bill will go into effect immediately, if passed.”
“The Lady has moved for passage of House Bill 523. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Ryg, would you like us to read 528? Mr. Clerk, would you read the Bill.”
“House Bill 528, a Bill for an Act concerning Township Code. Third Reading of this House Bill.”
“The Lady from Lake, Representative Ryg.”
“Thank you, Mr. Speaker. House Bill 528 amends the Township Code to allow townships that have adopted an open space plan to maintain and receive funds in surplus of the annual amount that is necessary to maintain and operate open spaces within the township. Current law does not 09400016.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 allow these funds to be held for noncapital purposes neither does it address the use of funds received from leases of open space, farm leases or donations. This clarifies the township’s authority to accumulate these funds for open space maintenance, the purpose for which the bonds were passed to create the open space.”
“The Lady has moved for passage of House Bill 528. And on that question, the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, what is the position of… bond counsel? This appears to me to violate one of the oldest traditions in the selling of bonds and that is you don’t spend all of the money on the project that you’ve sold the bonds for. Then you put the money in the bank, you draw interest and you spend the money for something else. I mean, that would… I… I’m not an attorney, but I would think I’ve heard enough debate over the years on bond law and bond counsel, that I would think they would not be in favor of this Bill.”
“Representative, last year we passed Public Act 93-1025 which addressed that concern. This is the first open space district in the state that has been in existence long enough to pay off their bonds. Due to some errors that were made, there was an over collection of that… of the bond proceeds and last year we passed the law that allowed 09400016.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 the open space district to transfer that money by the end of the year. It was a onetime transfer so that they could use those funds to maintain the open space areas that the bonds were issued to purchase. This Bill now will allow the township the authority to have a fund that exceeds the amount that’s needed on an annual basis so that they have funding to… to maintain the properties. And it still benefits the exact purpose that the bonds were issued for.”
“Ha… Was any thought given to the possibility of refunding to the… I assume this bond was paid for by property taxes. It would seem to me that public policy would indicate if the bond issue was greater than needed rather than spend the surplus, why not return the surplus to the taxpayer?”
“That was the debate on the legislation we passed last year. And the treasurer and all the parties involved indicated that it was less cost effective to track down the taxpayers over a 20-year period than to use the money which will still benefit the taxpayers for the purpose the bonds were sold. That was addressed in the legislation last year.”
“I… I’m recalling the debate now, Representative. And I… I thank you for your questions. I… a statement, Representative. I think we go down a very slippery slope, not to use an old worn cliché, but when we tax people for one purpose and the taxes received are more than necessary for that purpose, we then use that money for another purpose in this case related and this case probably a very 09400016.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 well-intentioned. I think you have to be very careful when you do that because I… I can see an expansion of this concept that, well, what the heck, if… we sold more bonds than we needed rather than return the money to the taxpayer, let’s just put the excess money in an account and we’ll spend it for some nobel and/or related purpose. I just think that sends a… I’m surprised bond counsel hasn’t raised an objection.”
“Well, the le…”
“But I… I have no objection with what you’re trying to do. I just see conceptually a problem somewhere in the future.”
“The… the legislation… the law last year that we enacted was restricted to a onetime transfer at the end of that fiscal year. So, there’s…”
“Okay.”
“…for a calendar year.”
“All right. Thank…”
“So, there’s no going forward. This is… when additional revenues are collected through leases, through donations, it may exceed the amount that is needed for an annual expenditure on maintenance. And this just gives the townships the authority to have that…”
“Okay.”
“…extra money available.”
“Representative, thank you for your… answers.”
“Representative Ryg to close.”
“I ask for an ‘aye’ vote. Thank you.” 09400016.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Giles? Okay, Mr. Clerk, take the record. On this question, there are 104 voting 'yes' and 13 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 529.”
“House Bill 529, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“The Lady from Cook, Representative Mendoza.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 529 is a very simple and straightforward Bill. What it does it… it amends the Illinois Control Substances Act. And specifically, what it would do is that it would allow a sentencing court to take into account when dealing with… or determining the sentence of a per… person who’s been convicted of a drug crime, whether or not that individual was manufacturing, possessing or distributed a control substance or cannabis in the presence of a minor under the age of 17. That’s basically the entire Bill. It doesn’t… it does not affect judicial discretion in any capacity. What it does is allow a judge to take those facts into account when determining the appropriate sentence. I would ask for an ‘aye’ vote and be happy to answer any questions.” 09400016.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“The Lady has moved for passage of House Bill 529. And on that question, the Lady from Kane, Representative Lindner.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Yes… Representative, is there a reason for making this change? Did it come from any kind of a situation in your district?”
“That’s a great question, Representative. I think this is a situation that happens all over the State of Illinois. And so this was brought to me from different law enforcement entities. In particular, the officer who thought up the idea based on his experience of entering buildings and effectuating search warrants and finding many times that there were children present in the capacity of people manufacturing or possessing drugs. They thought that it’s an important thing for the safety of the children for a judge to be able to take this into account when considering that sentence. So, the Cook County Sheriff’s Office is a strong proponent, Illinois Association of the Chiefs of Police, as well as the Decatur Police Department and the Community Behavioral Health Care Association. So, hopefully, every other Member in this chamber will be too. Thanks for your question.”
“Were there any opponents to this Bill?”
“None that I know of. Only the bad guys.”
“All right. And this Bill did pass the Criminal Law Committee unanimously, is that correct?” 09400016.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Unanimously, thank you.”
“All right. I would urge an ‘aye’ vote. Thank you.”
Speaker Hannig: “Is there any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Ryg, would you like us to read 566? Mr. Clerk, would you read the Bill.”
“House Bill 566, a Bill for an Act concerning civil law. Third Reading of this House Bill.”
“Representative Ryg.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 566 amends… expands actually the Tool and Die Lien Act to add a lien right for the toolmaker when a special tool is not paid for. Current law protects the stamper or molder by providing for a lien on the parts the tool produces, but the toolmaker does not have this same option. House Bill 566 would rectify this situation and maintains the same notice requirements while also providing for civil action. This measure is needed to help manufacturers, especially small tool and die manufacturers, when they want to recover payments they are rightfully owed. There’s no opposition to this Bill.” 09400016.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“The Lady has moved for passage of House Bill 566. And on that question, the Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, I’m trying to figure out how this will work in the real world. When we’re talking about tool and die, what kind of tools are we talking about?”
“The special tools that are made by the toolmaker that are used to manufacture the part that go into a final product.”
“All right. These are… are things. Usually when you have a lien, it’s on real property or something that’s immovable. And what we’re trying to do here with this, is to allow liens on property re… not real property but personal property basically or business property, meaning not real estate, that is not attached to anything and is movable and could be very small. Correct?”
“That lien already exists for the processor, that… that possibility, but not for the actual toolmaker.”
“And what I’m trying to figure out is how it would really work. Because if you have a lien on the tools, oftentimes people are gonna sell these tools, they’re gonna trade these tools, these tools are going to break. I’m not sure how one can actually enforce such a lien. ‘Cause I’ve… I’ve seen it in the bankruptcy courts…”
“Yes.”
“…where the debtor will just say, I don’t have it any more.” 09400016.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Well, it’s the same process that currently exists. So, there’s a notice in writing given to the customer or processor that a lien is being placed. And if the lien is not paid off, then there’s a second notice requirement and then a special notice if it’s going to sale. If there’s actually the… the end product is going to be sold and the lien recovered.”
“My point is… I understand what you’re trying to do. Would this be subject to the replevin statute in the state? And what I mean by replevin is, you’re not asking for a monetary penalty or a monetary amount, what you’re asking for is the actual good. And I’m wondering how and I don’t… I’m not trying to trip you up, I just… I do this type of legal work and I’m just trying to figure out how this lien would work with our replevin statutes.”
“It would work in the same way it’s working now for everyone but the toolmaker. So, it doesn’t change the process and it… it is an attempt to recover the cost that the toolmaker incurred in creating the mold or whatever it is that allowed the parts to be made for the final product. The… all the processes are the same, as currently exist. It just adds the toolmaker into that mix ‘cause right now, as the first person in the process, they have no recourse.”
“Thank you very much.”
“Thank you.”
Speaker Hannig: “The Gentleman from Cook, Representative Scully.”
“Yeah, I have a question… Will the Sponsor yield?” 09400016.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“She indicates she’ll yield.”
“Representative, I wanted to verify that the lien that is created in favor of the toolmaker is subordinate to a perfected security interest under the Uniform Commercial Code and as I’m reviewing the… the statute, I think it’s contained in paragraph A, Section 1(a). I want to confirm that it is subordinate to a perfected UC… a perfected article …security interest.”
“I’m sorry. Subordinate to… I’m… I’m… I couldn’t hear what it’s subordinate to.”
“I want to confirm that the lien that you are creating is subordinate to a security interest that’s perfected under Article 9 of the Uniform Commercial Code. Is that correct?”
“I don’t know that. Yes?”
“Thank you. I’ve no further questions.”
“Thank you.”
Speaker Hannig: “Is there any further discussion? Then Representative Ryg to close.”
“Thank you. I ask for your support on behalf of the small manufacturers in the State of Illinois.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Turner, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 117 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, 09400016.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 is hereby declared passed. Representative Joyce would like us to read House Bill 577. Mr. Clerk, read the Bill.”
“House Bill 577, a Bill for an Act concerning transportation. Third Reading of this House Bill.” Speaker Lyons, J.: “Representative Lyons in the Chair. Chair recognizes Representative Joyce.”
“Thank you, Mr. Speaker. This is a great honor to be presenting the first Bill while Representative Lyons is in the Chair, so… I think it… it might be the coat I wore that I got this honor. Ladies and Gentlemen, House Bill 577 is an initiative of the Illinois House Fire Services Caucus. It protects the Illinois Firefighters Memorial Fund and the License Plate Fund from being raided. It maintains that the Ill… that the money placed into the Illinois Firefighters License Plate Fund continue to go to the Illinois Firefighters Memorial Fund and for an annual memorial commemoration and Medal of Honor ceremony. And provides scholarship to children of firefighters killed in the line of duty. I know of no opposition. I’d be happy to answer any questions.” Speaker Lyons, J.: “Are there any questions of the Sponsor? Seeing none, the Sponsor moves for passage of House Bill 577. The question is, 'Shall this vote pass… Shall this Bill pass?' All those in favor vote 'aye'; all those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Clerk’ll take the record. This Bill, receiving 117 'ayes', 0 'noes', 0 na… 0 ‘presents’, is here… received the Constitutional 09400016.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 requirements, is hereby declared passed. Representative Hultgren, you have House Bill 583? Mr. Clerk, read the Bill.”
“House Bill 583, a Bill for an Act concerning civil law. Third Reading of this House Bill.” Speaker Lyons, J.: “Representative Hultgren.”
“Thank you, Mr. Speaker. It’s a great honor to be the second person to be able to present a Bill with you ser… serving as the Speaker, here. This is a piece of legislation that was brought to my attention by the credit unions and the community bankers. It has to do with unclaimed property and it’s really just a clarification. Right now, our law with the abandoned property is if there’s an account that has not been used or accessed for 5 years, it’s assumed to be abandoned property. The problem is oftentimes now people have several accounts within a bank and maybe used one account regularly but just one… have one account sitting there that initially opened up the account. Oftentimes with credit unions that happens where there’s… to join the credit union you open a savings account, you might not use that. But… what we’re doing is we’re changing this so it does not require a financial organization or institution will not have to report as abandoned property, if a person has a separate account that they’ve used within the 5 years, if they’ve made a payment or a loan or anything like that to an account, owned by or changed the address of another account. Anything like that, if there’s been activity within the bank, even though 09400016.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 it’s not specific to this account that may… is then assumed that this account is not abandoned. Be happy to answer any questions. By the way, there’s no opposition to this. And again, would be happy to answer any questions.” Speaker Lyons, J.: “Are there any questions of the Sponsor? Being none. The question is, 'Should House Bill 583 pass?' Those in favor signify by saying… voting 'aye'; those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Molaro. On this question, there are 113 voting 'yes', 0 voting present… 0 voting 'no', 4 ‘present’. This Bill, having received the Constitutional requirement, is hereby declared passed. House Bill 598. Representative Fritchey, what purpose do you rise?”
“Thank you, Speaker. Purpose of an announcement. Members of the Judiciary I Committee please be advised as will be posted today, in addition to our regularly scheduled hearing next Thursday, we will be having the first of a series of special hearings that will be Wednesday at 9 a.m. in Room 114. This will be to start taking testimony and presentations on the issue of medical malpractice. Again, Members of Judiciary I, that’ll be Wednesday at 9 a.m. in Room 114. Anybody else who wants to come and sit in, they’re obviously more than welcome. But that’s in addition to our regularly scheduled hearing. Thank you, Speaker.” Speaker Lyons, J.: “Thank you, Representative. Representative Parke?” 09400016.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Yes, I have an inquiry of the Chair.” Speaker Lyons, J.: “State your inquiry.”
“Yes, it was my understanding that when you were downstairs putting makeup on and lipstick that you were doing that for the cable show. But now I see why you’re really doing that, so you’ll look good while you’re up in the Chair. So, congratulations for your first opportunity to be in the Chair. I’m sure there’ll be many more.” Speaker Lyons, J.: “Thank you, Representative Parke. I… I did stick around for them to take the makeup off before I came up here. Representative Black.”
“Thank you very much, Mr. Speaker. An inquiry of the Chair.” Speaker Lyons, J.: “State your inquiry.”
“I would ask the parliamentarian to check the House Rules. On the last Bill, you failed to ring the bell three times. You only asked for the vote twice rather than three times. It’s, ‘Have all voted who wish?’ three times not twice. And you forgot to say, ‘Mr. Clerk, take the record.’ I would ask the parliamentarian rule that the last Bill was out of order. You dump the Roll Call and we’ll do it again. But on second thought, I’ll withdraw my inquiry.” Speaker Lyons, J.: “Thank you, Representative, for your constructive criticism. I will take that under serious consideration and improve as the day goes on. Thank you, Mr. Black. Mr. Black, you’re recognized for House Bill 598. Read the Bill, Mr. Clerk.” 09400016.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“House Bill 598, a Bill for an Act concerning privileged communications. Third Reading of this House Bill.” Speaker Lyons, J.: “The Gentleman from Vermilion, Leader Black.”
“Thank you very much, Mr. Speaker. Now, you see why I withdrew my earlier inquiry. House Bill 598, commonly referred to as the Crime Stoppers Bill. I do appreciate the work of Speaker Madigan and his staff in helping draft this Bill in a way that I think will meet with the approval of a majority of the Members and if any court challenge is made. It simply, and all of you are familiar with Crime Stoppers Program which is an anonymous tip. This Bill tries to clarify that the person requesting anonymity, if he or she would do that, the identity becomes privileged and confidential. Now, if the police cannot get any corroborating evidence in the trial, in… in the case, then that informant has a choice. If a conference is held in the judge’s chamber and the judge says, I don’t believe you have enough evidence to go to trial unless your informant testifies, then the informant can say, I will testify or I won’t testify. If they refuse to testify and be identified, then of course, the case is probably not going to be heard because you have the right to confront your accuser. But this is to clarify that in the initial tip to authorities on what you may or… you may have witnessed or what you may have learned about a crime, that you have every reasonable expectation to think that your identity 09400016.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 will not be revealed to the defendant except in very rare cases. I’ll be very glad to answer any questions you might have.” Speaker Lyons, J.: “Are there any questions of the Sponsor? Repre… the Gentleman from Cook, Representative Lang.”
“Thank you. Will the Sponsor yield?” Speaker Lyons, J.: “Sponsor indicates he will.”
“Thank you. Representative, is there any mention of the Attorney General or the Attorney General’s responsibilities or rights or privileges in this legislation?”
“Not… not to my knowledge and not that I recall reading or seeing, no.”
“I haven’t really thought it through but is… is this something that’s needed? Does… does the Attorney General have any area of concern with this legislation?”
“Representative, I… I will defer to your legal expertise, I’m not an attorney. I often play one on the House Floor. I don’t think so. I mean, the Attorney General could certainly review a case if he or she wanted to do so. But this allows a judge, I mean, it’s very clear that the defendant’s rights will be protected. It’s also very clear, if this becomes law, that the informant’s right to anonymity will be protected up to going to trial. And if… if they have no corroborating evidence then that informant has a simple choice. I can come out and testify in open court or I can say, look, I don’t want to get involved. In which case, I know talking with legal counsel to the Speaker, the case would most likely be dismissed.” 09400016.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Thank you, Mr. Black.” Speaker Lyons, J.: “The Chair represents(sic-recognizes) Representative Winters.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“I’m looking around to see who the Sponsor is on this. Representative Black, does this have anything to do or would this be applicable to a case where say an attorney observes malpractice and then turns that in? I understand from the code of legal ethics that an attorney observing malpractice is forced to… turn in another attorney but then is shielded from any civil action against him. Would this have any bearing on that at all?”
“Representative, staff, who of course is an attorney, tells me that no, this has nothing to do with… that… that would be handled through the attorney registration and discipline committee, not through this mechanism.”
“But we’re basically shielding an informant, in this case, who’s turning in somebody for criminal behavior.”
“Yes.”
“We’re shielding him from legal action against him as long as it’s relevant information. And I’m trying to make… draw a parallel here where an attorney who sees illegal activity is required by their code to turn it in and then is shielded from civil liability.”
“Representative, I don’t… I really can’t draw that parallel. I… It may in some cases exist but I think we’re all familiar with Crime Stoppers and what this attempts to 09400016.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 do is to get somebody to call in with… with key information and give them a reasonable guarantee that they’ll stay anonymous unless there’s no corroborating evidence, in which case, they’re gonna have a choice.”
“Right.”
“Either… either come forward and make your accusation or give us your information in open court or choose not to do so, in which case, we probably don’t have enough evidence to go to trial.”
“Well, what I’m trying to do is draw a parallel here where a doctor who observes what he feels is… unprofessional medical activity is not allowed anonymously to turn that into the medical authorities. And if he does accuse another doctor of… of something… it’s unethical or medically unprofessional, is then liable to civil procedures against him, which ends up costing us a lot of problems in the medical arena. I was trying draw some parallel where cri… Crime Stoppers could be used, I feel, as somewhat of a parallel to this. It may not be applicable to this Bill, I understand your answers, but did want to highlight that example where Crime Stoppers allows a shielding but we don’t allow that for our medical doctors. That’s… Thank you very much.” Speaker Lyons, J.: “Are there any further questions? Seeing none, the question is, 'Should House Bill 598 pass?' All those in favor signify by saying 'aye'; those who are opposed vote 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted 09400016.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 who wish? Mr. Clerk, take the record. House Bill 598 having received 117 'ayes', 0 'noes', 0 ‘presents’, is hereby declared passed. Clerk, what’s the status of House Bill 615?
Clerk Mahoney: “House Bill 615 is on the Order of Third Reading.” Speaker Lyons, J.: “On the request of the Sponsor, for the purpose of Amendment, place the order… Bill on Second Reading. Clerk,, what’s the status of House Bill 617?” Clerk, Mahoney: “House Bill 617 is on the Order of Third Reading.” Speaker Lyons, J.: “Clerk, read the Bill.”
“House Bill 617, a Bill for an Act concerning civil liabilities. Third Reading of this House Bill.”
“Thank you, Speaker, Members of the Body. House Bill 617 truly is some cleanup language. We had previously passed the Illinois Civil No Contact Order Act and it’s essentially been put to good use already in the issue of sexual assault and domestic violence cases. We had some clarifying language that was suggested to us. We know of no opposition to this and we’d request your support of this Bill. Thank you.” Speaker Lyons, J.: “Thank you, Representative. Are there any questions? Any questions on House Bill 617? Seeing none, the question is, 'Shall House Bill 617 pass?' All those in favor signify by saying 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take 09400016.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 the record. On this question, there are 117… 117 Members voting ‘aye’, 0 ‘nays’, 0 ‘presents’. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, what’s the status of House Bill 648?”
Clerk Mahoney: “House Bill 648 is on the Order of Third Reading.” Speaker Lyons, J.: “The Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker.” Speaker Lyons, J.: “Sorry. Still… still in training here, Jack. The Clerk, read the Bill.”
“House Bill 648, a Bill for an Act concerning aging. Third Reading of this House Bill.” Speaker Lyons, J.: “Representative from McHenry, Mr. Franks.”
“Thank you, Mr. Speaker. I bring to the Members of the General Assembly House Bill 648 which is an extension of the Bill we passed last year, the Senior Citizens Prescription Drug Discount Act. As you know, that Bill allows anyone over 65 years of age in the State of Illinois to join our buying club. It’s been used as a model throughout the country. We had a hundred and eighteen cosponsors on the Bill last year and it really is the best program in the country. What we’d like to do with this Bill is to extend that same idea to anyone in the State of Illinois, regardless of age. I know of no opposition and I’d be glad to answer any questions.” Speaker Lyons, J.: “The Chair represents(sic-recognizes) the Gentleman from Cook, Representative Parke.” 09400016.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, you just stated that you know of no opposition. I have it down here that the Illinois Retail Merchants Association is in opposition. Do you know if that’s still true?”
“They have… they have not spoken with me about it and our analysis doesn’t show any opposition.”
“Well, ours does. It also shows that the Illinois Pharmacists Association is opposition. Do you know if that’s true?”
“I… we show no opposition in our analysis and no one’s spoken with me.”
“Well, we see that. Let me ask you, Representative. If this was the best program in the United States, how many people are participating in it?”
“That’s a… that’s a really good question. Not enough. I think the Governor’s Office has not done nearly enough for outreach. I’ve asked them to do pilot programs, to have outreach on it and they haven’t. Instead, they’re spending their money on the I-SaveRX which, quite frankly, hasn’t gotten many people either. But I think when we have more people able to join this and if it opens up to more folks, we’ll have a better chance of using more market leverage to lower the cost. We can always do better. I’ve got another Bill that, hopefully, you’ll support which will allow the State of Illinois to accredit foreign pharmacies and to be able to save the state approximately $90 million 09400016.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 a year. Until we get there, though, this is a logical extension of what we’ve already done.”
“Well, Representative, so you’re saying this is not as successful as it could it be because the Governor is not doing what he’s suppose to do or that you were hoping he would do. So, therefore, you’re gonna put in more legislation to try and jack it up even more because it’s unsuccessful now?”
“No, I’m not saying it’s unsuccessful. I’m saying it could be more successful. I can tell you…”
“Well, how many people are in it?”
“I can tell you that the average savings in my district for people who… who are part of this club, is approximately 24 percent. Now, I think that’s a success. The problem is we don’t…”
“Well, that sounds… that’s quite impressive, Representative, but how many people are in the program?”
“I… not sure. I think…”
“Is it 10 thousand people, 5 thousand, 5 hundred, how many?”
“Representative, I’m not trying to be adversarial. It is a good program. You voted for it and you sponsored it. Everybody here did. There’s a question of how many people have signed up, I agree it hasn’t gone far enough. I think one of the problems has been a real poor job by the administration in promoting it. And they’ve spent their promotion dollars othe… in other areas. I don’t know the 09400016.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 number of people that are on it. You can ask somebody in the Governor’s Office. I’m sure they’ll know.”
“Well, I have a concern. And the concern is that we keep trying to jack up these programs with more and more incentives to try and make it more attractive to our seniors and yet they’re not buying it. They’re not buying it because they’re not taking part in it. Maybe because it’s not as good a program as you were hoping. Maybe ‘cause it’s confusing. Maybe it’s difficult for them to access. Whatever the case is, something’s not working and putting more legislation in may not be the answer. I… have sympathy for… for what you’re trying to do and that is to try and give our seniors a break. But perhaps the legislation that you’re putting in right now may not be that answer either. And maybe you need to go back to the drawing board and figure out a better way of trying to make these programs more effective and simpler so that our seniors can take part in ‘em. Thank you.” Speaker Lyons, J.: “The Chair represents(sic-recognizes) the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Gentleman yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, I… I voted for and sponsored the Bill last year and I think it’s a good idea, but let’s draw one distinction. The Bill I signed on and you were kind enough to let me be a cosponsor and the Bill I voted for was for senior citizens.” 09400016.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Correct.”
“And… and the bulk of those are on fixed income. And anything that we can do for that segment of our population is certainly worthy of our effort. However, the Bill you bring to us today let’s everybody… everybody, in the State of Illinois, join the prescription program and there’s no means test.”
“Correct.”
“I mean, ya know, I hate to use the old cliché, but Bill Gates, if he was inclined to do so, could participate if he… if he lived in Illinois. And I don’t think that was the intent of the original program.”
“Bill Gates wouldn’t need to, Representative. He’d have insurance. Many people regardless of age don’t have insurance. We have a lot of working poor in this state, Representative, as you know in both your district and mine. And poverty crosses all socio-economic regions and I don’t think we should discriminate against anyone based on market vulnerability. Because they’re unfortunate and don’t have a job or they work part time or you work for Walmart and they don’t provide benefits ‘cause they only put you in 30 hours a week instead of the 35. And then we have the privilege of subsidizing them through Medicaid payments. I think that’s wrong. This here let’s people, if they choose to voluntarily without any cost to the state, to join our buying club, to try to save money on medication so they won’t have to choose between food and medication. It’s a 09400016.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 basic human right and I believe it’s the right thing to do.”
“Well, I… I won’t be drawn into a philosophical argument and I… and I have no intention of being adversarial. But this program is so wide open as I interrupt it after reading it, even though I’m lucky enough to be in a group insurance program through my employment with the State of Illinois, I have a prescription benefit and a copay that seems to go up every year, but I’m certainly not complaining, I’m blessed, I understand that, that I have insurance because on the open market I’m uninsurable. But by opening it up without any particular guidelines, if a part… I’m on a blood pressure medicine and rather than pay my $10 copay, I might find that participation in this program would allow me to buy a generic at say $6 cheaper than when I can go through the group plan and my copay. And in that case, the insurance company certainly isn’t going to complain. I mean, the premiums still are paid. The participation and their cost goes down. I don’t know, Representative, I’m just having trouble balancing a program with… with no guidelines, no parameters that…”
“Can I go… can I… I want to address one thing you said there ‘cause you talked about that there’s a lack of means testing. Well, I believe we have a public policy not only in this state but in our nation that we don’t have means testing to help people such as Social Security. And I don’t believe anyone here wants to advocate means testing for Social Security or means testing for lower fishing 09400016.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 licenses if you’re 65 or so. The fact of the matter is we have an established public policy where we don’t require means testing. And also, with this Bill, as you know, it doesn’t cost the state anything. It’s voluntary by those who wish to participate. So, I think that… it’s not a mandatory issue and I think that is a big difference, if… if that answer any of your questions?”
“Is it also voluntary on the pharmaceutical companies? They can choose to participate, choose not to participate, right?”
“Correct.”
“Okay, now. Just an example, the big chains, and we all know what they are, I’m not going to give ‘em free… free advertising, the big chains may, I… I think, would choose to participate. My fear coming from a largely rural area, the big chains seem to continue to grow and the friendly neighborhood pharmacists that I grew up with continue to disappear.”
“Right.”
“And I don’t have one of those big box stores on every corner of my district. I have them in some towns… in several I don’t. My… one of the fears I have and I… Representative, I’m serious. I don’t want somebody to have to drive 50 miles round trup… trip to go to a big box store because the local pharmacist just doesn’t have the purchasing power to get the pharmaceutical company to participate. They say no, he can’t afford to match the 09400016.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 price, he loses his customer base and eventually retires or… or goes bankrupt.”
“We haven’t heard of any of that, Representative, on the existing program. And as you know, our seniors who account for approximately 12 percent of our population purchase approximately 37 percent of the prescription drugs. So they are, by far, the largest consumer group. And as you’ve seen and we’ve had this going for over a year, there has been absolutely no problems that way. So, I… I understand the concern but in real… in the real world it isn’t happening.”
“Well, I… I do have a pharmacist who no longer operates his own shop in my district. Not because of this program, I agree with you on that. Primarily, because of slow Medicaid payments is what drove him out of business.”
“I believe… I believe that.”
“He was lucky enough to catch on with a big box store so he’s still able to practice his profession. No, I understand what you’re trying to do. I’m gonna listen to the rest of the debate, I’ll make up my mind at… at that time but I do appreciate the forthright answers that you gave. Thank you.”
“Thank you.” Speaker Lyons, J.: “Chair recognizes the Lady from DuPage, Representative Bellock.”
“Thank you very much, Mr. Speaker. Will the Speaker(sic-Sponsor) yield?” Speaker Lyons, J.: “Indicates he will.” 09400016.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“I just wanted to clarify the programs because I think the people in Illinois are confused about some of the drug programs we’re offering right now.”
“Correct.”
“So I just thought maybe we could clarify. The Circuit Breaker Program is for seniors and it’s income eligible.”
“And also for the disabled.”
“Right.”
“Correct.”
“The SeniorCare was for the lower end of the Circuit Breaker Program.”
“Yes, correct.”
“This program we opened up, I think, 2 years ago and I’m not quite sure what we called it. Was it Illinois drug…”
“Senior Citizens Prescription Drug Discount Act was the name of the Bill. I’m not sure what the… what the name is or how they use it.”
“Okay. I jus… okay. And then the last program was last year when the Governor on his own instituted his program about buying drugs from foreign countries.”
“Correct.”
“I wanted to make it clear that this is not that program that we’re talking about.”
“You’re correct.” 09400016.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“This is the program that we instated originally to help seniors over 65 but with no income eligibility requirements.”
“You are correct.”
“So, now what you’re trying to do here with this program is open the program that was only opened before to seniors who were 65 and over but no income eligibility, now would be open to everyone in Illinois.”
“Yes, anyone who wishes to do it on a voluntary basis.”
“Okay. So, if you were a family and you wanted to open this account, you as a parent would buy the card for $25. In turn, would your spouse have to buy the card for $25?”
“The way it’s set up now, yes. But in how it’s working, is many of the pharmacies are waiving the $25 cost such as Walgreens. And the Governor said recently that he wants to reduce the cost because when we put the $25 in, when we first did this bill a few years ago…”
“Right.”
“…we did it high enough that it wouldn’t cost the state any money. And we had it under review to see if we could do it for cheaper and apparently we can. So, I guess they’re going to be reducing the cost of the card. That’s what the Governor’s Office has indicated, but already pharmacies where you sign up will waive that fee.”
“For children, also?”
“Well, they’re doing it right now for the seniors.”
“Oh, okay.” 09400016.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“So, we haven’t passed this Bill yet.”
“Okay, so, they’re not going to require…”
“But we’d ask them to do the same.”
“Okay. So, I just wanted to be clear that this program is not ordering drugs from out of… out of the country.”
“Correct.”
“Thank you.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, the current program is not drawing a whole lot of enrollment and when I hold senior fairs around and go out and talk about them, there’s a lot of problems with it. We just sent a letter off to the Department of Aging, Representative Coulson and I did. The Senior Pharmaceutical Assistance Review Committee has not met by law. They’re supposed to meet four times a year. They did not meet four times last year. The Governor’s program and the Department of Aging, actually their budget was cut and they’re not funding a lot of different things and I don’t know how you’d run it through this to get the information out. There are competing programs that are advertising on television, it’s very confusing with the names.
“Right.”
“The seniors are upset because they can’t find out discounts. Discounts vary from chain to chain and that’s 09400016.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 probably one of the reasons they’re not using it. The Department of Aging went out with materials on the… from Canada Rx and was holding forums which even though it is not a state program through the Department of Aging. And I could not understand how they… where the money was coming for them to do this when originally they couldn’t even print the brochures…”
“Right.”
“…on the program you’re talking about. So, this is a very nice feel good Bill.”
“No, I think it’s more than that.”
“Very nice, very nice campaign piece.”
“No, ma’am. I’m not interested in that.”
“But where is the money going to come from?”
“As you know, Representative, it doesn’t cost the state anything to implement this. Now, if the Governor wants to waste $5 million on buying flu shots, he can try to do that but we’ll have hearings on that. Okay?”
“Well…”
“The fact of the matter is we have the money. We have to encourage them on how to spend it to get the outreach. That’s why I criticized the Governor’s efforts in not putting an outreach on this but instead promoting the I- SaveRx which is very little more than a website.”
“Well, I think there… I think there are some problems in implementing this and I don’t know how… what happened in committee who testified and who didn’t, as far as… as how the discounts would be applied. I know there are many 09400016.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 different programs, particularly if you have a grave illness and you’re not a senior citizen that you can also tap into. But I think you’re creating something without adequate funding in a time when things are… are below. It sounds real good, everybody’ll vote for it. Ya know, we’ll put it in effect and it’ll limit… it’ll strain the limits we already have on the programs that we have.”
“I disagree.”
“And certainly, since the oversight board can’t even meet and discuss it, I’m really surprised that you’re putting out legislation with no discussion and you’re the cochair of that board.”
“The over… the committee will meet again. They called last week to get a date and we’re working on it right now. They put in a date that the Legislature wasn’t in Session. I asked them to pick one that we were to make it easier for those…”
“Yeah, but we’ve met before when we’re not in Session. We met at the Thompson Center, originally.”
“I know, I’ve asked them to do it while we’re in Session now.”
“Right. And… and it was canceled towards the end of Session because of other meetings that were going on. But no one in this administration seems to look at legal dates for anything as far as, hey, you gotta meet so many times a year to get federal money or hey, you gotta meet so many times a year in order for it comply with legislation. And now we have an expansion of a program that still isn’t 09400016.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 functioning where it oughta be and there isn’t enough money to make it function better and you’re gonna expand it.”
“I disagree. It’s not a question of money, Ma’am. But… ‘cause it’s self funded. It’s not a question of money. I think you’re… you keep saying that but I don’t know what you’re talking about.”
“Representative, you say that with all your Bills. It’s not…”
“I… I don’t understand…”
“But it is a function of how you get the materials out, how you let people know.”
“No, I don’t understand why you keep saying it’s a question of money. Because as you know, this is revenue neutral. It is funded by those who wish to participate. As a matter of fact, the Governor said he’s gonna reduce the cost. So, I don’t know where you’re coming with money.”
“Ya know, people… people get very angry particularly when they figure out that they put $25 in and it doesn’t cover the discount that they thought they were going get by the end of the year. Pharmacists when they… if you don’t order something, there’s a charge when they run to see what the discount is. So, pharmacies… if people come in and say, what’s going to be the price of X, Y, and Z drug? And they run it and the people don’t buy it, they’re charged. Every time they do that they’re charged. I… I think there are… there is more to this than, hey, it sounds good when we put out a sound bite or a mail piece. And I really wish 09400016.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 there was more thought in this and it is money. Nothing is revenue neutral, ever, particularly when you already have a program on the books that’s not running well.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from DuPage, Representative Biggins.”
“Thank you, Mr. Chairman… I’m sorry, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Well, I’m just disappointed as you must be too with the… Representative Franks, with the lack of the number of people that have signed up for this program. How many, I think 2 hundred was the last figure I saw. Is that about right?”
“I think it was a little bit higher than that, but yes, I am disappointed. I wish there was more participation.”
“How many would be eligible if they… if they all were to sign up?”
“Well, I guess…”
“Pardon me, while I get my picture in. Yes, go ahead.”
“Well, the way we’re opening it up now is that, should we pass this Bill, any resident of the State of Illinois. So, potentially twelve and a half million people, more or less, would be eligible.”
“So, we have 12,498,9… ah… So, if there’s anything that we can do to get people to sign up for it or I can help you in any way, I would like to, ‘cause right now I know you… you put a lot of work into this. And for some reason they’re not… they’re not… they’re not doing it. 09400016.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 There’s something they don’t like maybe it’s the bureaucracy. I don’t know. It can’t be the language because language I… I think I understand. But if there’s anything you can… I can do to help you to get somebody to use this… this program the government created, I’d be happy to help. So, please, keep that in mind. Thank you.”
“Thank you. We’ll go barnstorm the state together.”
“They’ll get it. Thank you.” Speaker Lyons, J.: “Thank you. The Chair recognizes the Gentleman from Rock Island, Representative Boland. Representative Boland. Representative Boland’s absent; his light is on. Well, Representative Franks to close, seeing no further questions. Representative Franks to close.”
“Thank you, Mr. Speaker. And I appreciate the spirited debate from my friends on the other side of the aisle. I share your disappointment in the amount of people that have signed up but that shouldn’t be a deterrent for going forward with this Bill. We’ve had real success with the program that we’ve had. I think we can build from those successes and as some of the Representatives said we need to get the word out more and we’ll work to do that. I would ask for your favorable vote.” Speaker Lyons, J.: “The question is, 'Should House Bill 648 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 'ayes', 0 'noes', 0 ‘presents’. This Bill, having received the 09400016.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 Constitutional Majority, is hereby declared passed. Clerk, status of House Bill 654. Clerk, read the Bill.”
“House Bill 654, a Bill for an Act concerning the courts. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker. House Bill 654 is a Bill that will require the judge to reside in the subcircuit in which the judge was appointed or elected when they run for retention. This comes as a result of some problems in Cook County where judges would be appointed or elected in a subcircuit and then move from it and then run for retention from a different area. As you know, the idea of having subcircuits is to have the judges being close to the people they represent. And this would codify the intent of the original law.” Speaker Lyons, J.: “Are there any questions from the Members? Any questions on House Bill 654? The Chair recognizes Representative Hamos.”
“Thank you. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative Franks, does this… does this Bill only apply to Cook County? You mentioned something about Cook County.”
“No, it applies to all areas that have subcircuits, Representative.”
“Okay.” 09400016.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“The genesis of the Bill was problems with the subcircuits in Cook County.”
“So, in Cook County, as an example, if a judge is elected in a subcircuit, 6 years later, I believe, he or she runs countywide.”
“For retention.”
“After they are elected countywide under this Bill, are they still required to live in the original subcircuit in which they were elected?”
“Yes.”
“So, they are never allowed to move from the subcircuit even though, they are then elected countywide?”
“They have to live within the original subcircuit in which they were elected.”
“And why did you…”
“Unless they choose to run again in a different subcircuit.”
“But since they’ve been elected countywide, why do you take the position that they’re still just from their subcircuit?”
“As you know, the reason for the subcircuit was to give different areas representation on the bench. If everyone who got elected or appointed as… in a subcircuit all moved to one area such as where you live, it wouldn’t be fair to the rest of the county.”
“Well, it wouldn’t be fair to whom?”
“To the rest of the county or those who had elected these folks thinking they were their neighbors. The idea 09400016.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 is to have more local representation on the bench and that is how we can insure that. Otherwise, ya know, people can get elected from a poorer area and then all move up in the North Shore. And that’s not what the idea of subcircuits is all about.”
“Okay. So, does this not impede the right of… like some kind of a right of travel or I don’t know?”
“No.”
“They have to live forever in their subciruit after they’re elected there initially?”
“Right. Ya know, I’d like… you’re a State Representative, it’s not like you can move down to my district and still represent yours. If you don’t want to live and be the Representative from there, that’s fine. You can give up your seat. The judges should have the same… same prohibition. But you’re welcome to come to my district, anytime you’d like.”
“Okay. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. First, an inquiry of the Chair.” Speaker Lyons, J.: “State your inquiry.”
“According to the House Rules when we go to a special order of call, that’s supposed to be on the Calendar. Are we on the order of Franks or did that just pop up that way?” 09400016.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 Speaker Lyons, J.: “Representative, I’m taking ‘em right down page 5. I call ‘em as I see ‘em here.”
“Did you used to be an umpire in the old country?” Speaker Lyons, J.: “Little bit… I’ve done a little of everything, Representative.”
“All right. Okay. Well, I… Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“Representative, I’m… I’m fascinated by the challenge that you’ve thrown down to another Representative. If she moves to your district, may we expect a spirited primary?”
“Oh she’d… she’d kill me. I’d get out then. I’m yielding.”
“Well, we can’t discuss those things while we’re on state property so, let me go to the Bill. I’ve been trying to find out what this Bill does. Staff is trying to find out what the Bill does. It doesn’t impact any of the counties that have not yet established subcircuits. So, it doesn’t impact… let me get my information here, Will, Lake… It only impacts Will, Lake and McHenry. Correct and… and Cook?”
“It only deals with sub… those areas that have subcircuits.”
“That already have the subcircuits. Okay. As I understand the current law and as our staff understands the current law, if you’re elected from a subcircuit, you must live in that subcircuit and you must live in that subcircuit because you are up for retention at some point.” 09400016.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Correct.”
“Now, does your Bill change that? It seems to just…”
“Well, there’s been some questions on that because in Cook County some judges have challenged that and they’ve moved out of their areas. One judge was recently, I’m not sure what the word is, you can’t say disrobed, I’m not sure… What’s the word when the judge isn’t a judge any more? Can you help me here? Debenched? I don’t know what it is.”
“When he… when he doesn’t judge anymore? Is he senior status?”
“I think it’s less than that. But we’re trying to show the intent of the original law and to codify so there’s no questions in the future. He was recused permanently, I think.”
“Well, let’s not be judgmental, ya know.”
“That’s…”
“So, I… the current law to me is clear. And your Bill just attempts to make it more clear.”
“Well, I think there was some question in the original Bill. It didn’t say you had to reside there afterwards. And I think this clears up any confusion.”
“So, if you run for a judicial post in subcircuit ‘A’, you must at that time reside in subcircuit ‘A’ and you must subsequently reside in subcircuit ‘A’ even though, when you run for retention, you may… your name may on the ballot countywide.”
“Correct.” 09400016.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“So, you’re just making it very clear that if you’re elected from subcircuit ‘A’, you must at that time and in subsequent years be a resident of subsection(sic- subcircuit) ‘A’.”
“Correct.”
“Okay.”
“Unless you want to run for a different judgeship and be somewhere else.”
“Right… right. If you wanted to run circuit wide or Appellate Court or whatever. Now, in the cases where they would ask a retired judge to come back on the bench, which is often done because of backlog or vacation or illness…”
“That’s not a circuit judge.”
“…this would not preclude a retired judge from serving in a different subcircuit.”
“That wouldn’t apply because they’d be appointed as an associate judge.”
“Right. Okay. All right.”
“So, this is… this is for the subcircuits.”
“So, the bottom line is if you choose to run for a judgeship in a subcircuit, you must at that time be a mem… a resident and you must continue to be a resident for as long as you are a judge in that subcircuit.”
“Correct.”
“Regardless of the fact that you may run… your name may be on the retention ballot countywide, you’re still required to be a resident of the subcircuit in which you were elected.” 09400016.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Correct.”
“Okay.”
“And the reason we’re trying to do that is we don’t want… as long as you want to stay on the bench in that subcircuit.”
“Right.”
“The reason is we don’t want everybody living in one area because that would defeat the whole idea of have… having subcircuits. Right. And we’re trying to… and Representative Scully here is saying, we don’t want carpetbaggers and he’s right. If you’re saying you’re a subcircuit and you represent that area, well, then you should live in that area. That’s just being honest and truthful with the voters.”
“So, if… if Representative Scully chooses to run for the bench in a subcircuit, he must live there and continue to live there?”
“Correct.”
“And he can’t move into my subcircuit?”
“He could if he wanted to run as a judge out of your subcircuit, but he’d have to give up his.”
“I think we oughta clarify that as well.”
“But you don’t have a subcircuit, so you’re safe.”
“This Bill is giving me a short circuit but I… I think you’re right. We’re not being too judgmental here, are we?”
“That’s a different… branch of government.” 09400016.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Well, I don’t want… I don’t want to be sued by a judge who says we are restricting their right to live where they choose to live.”
“Bring it on. I don’t think we’re gonna get sued.”
“I’ve heard that somewhere. Where was that quote?”
“I don’t know.”
“Well, it’s coming back to me. It’s glad to know that you listen to the Commander in Chief, as well. Thank you, Representative.” Speaker Lyons, J.: “The Chair represents(sic-recognizes) the Gentleman from Cook, Representative Molaro.”
“Thank you. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“Just two quest… Representative. Maybe it was answered and I was busy eating or something. Maybe not. What if they do move out, what’s the… what happens?”
“They… that… they would subject then to an inquiry of the Judicial Inquiry Board as they do now or for the Courts Commission.”
“Good. Now, there’s an inquiry and I’m a judge and I moved out and said, you know what, I moved out. Why we have an inquiry? There’s nothing to find out. I admit it, I don’t live here.”
“Well, then they’d… they’d would probably relieve you of your duties. They have that ability.”
“Now… now, you just… no offense, but you used the word probably. I just want to get this for legislative intent as to where we’re going with this.” 09400016.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“I’d like… the legislative intent is for… for those judges then to be relieved of their duties as a circuit judge. Now, if they’d like to be appointed as an associate judge, they could certainly apply. But the idea of a subcircuit is you live in the area in which you were elected.”
“Now, you understand what I’m trying to clear up here. You know, they’re saying, okay, you’re saying we should live here but we don’t, what are you going to do about it? And what you say what they could do about it is take your judgeship away.”
“Right. And they’ve done that.”
“Okay. Good. Now, I gotta ask this question. The idea and maybe you can help me answer this. When you’re elected in a subcircuit and this is the problem I think you might have with the Bill in the Supreme Court, if it ever gets there. When you’re elected in a subcircuit, it’s not so much you say that’s where you live, they create a subcircuit and it’s those people who elect you and you’re from that subcircuit so it makes sense to me that you have to live there. Now when you go to retention, the whole county votes for you then. That’s… isn’t that code for even this new subcircuit Bill?”
“Yes.”
“So, when you run for retention, it’s not the subcircuit that says whether or not you should be retained as a judge, the entire county now votes for you.”
“Correct.” 09400016.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“And I think a judge who would be against this Bill might say, that since 6 years later I’m technically running for election throughout the county, therefore, since I’m running throughout the county and anybody in that county is voting for me that I could live anywhere in that county. What do you say to that argument?”
“That’s… that’s the argument I’ve heard as well, but I don’t think it holds water.”
“And could you tell me why?”
“The reason is they were elected from a specific area. Even though they may be retained by the entire county, they were elected from a specific area in which they are required to reside.”
“Yeah, but they’re saying they’re reelected from this new area which happens to be the whole county.”
“But they’re being retained for that specific subcircuit.”
“I don’t think so. That’s my point. That’s my point. Then and Representative, let me make this point. You should probably also have some Amendment somewhere that puts, when you’re going to retain this, that you say… because when you have a retention, whether you retain from a subcircuit or countywide, there’s just 30 names. Maybe you should put something in there, be retained for the subcircuit, third subcircuit of Cook County. And I’m not telling you what to do, you do what you want. But… but otherwise, they could certainly make an argument, I’m being reelected countywide, therefore, I should be able to live 09400016.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 countywide and you don’t specify the subcircuit. So, take a look at it.”
“Thank you.” Speaker Lyons, J.: “The Chair recognizes the Lady from Kane, Representative Lindner. Representative Lindner, your button is on.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“The Sponsor seems otherwise engaged.”
“I’m sorry.” Speaker Lyons, J.: “Representative Franks, for questions.”
“Yes, since… since this Bill only applies to… to Chicago, I believe.”
“I’m sorry, I’m having trouble hearing you.”
“Since this Bill does not apply to the counties for which we just passed the subcircuits Kane, Kendall, Will and Lake… Kane, Kendall, DeKalb, Winnebago and Boone. Will you be bringing other legislation that will apply to those counties?”
“I believe the Bill will apply to all those areas that have subcircuits. Because those subcircuits have yet to be created. They will be created at the end of next year. This law will be into effect before that.”
“I thought… I thought there was something in the Bill, if you give me a minute to look at it, that it applied only to Chicago.”
“Representative, it’s my intent that it should apply all areas that have subcircuits.” 09400016.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Well, then…”
“And I think that’s how the Bill’s… and that’s… and I believe that’s how the Bill’s written as well.”
“Well, then will you be taking this back to Second so you can amend it so it applies to all subcircuits?”
“No, it does. I don’t need… it doesn’t need to be amended.”
“Well, the way we read the Bill it only applies to Chicago and… and Will, Lake and McHenry.”
“I respectfully disagree with that… with that reading of it. If you’ll read the Bill, it even talks about the specific circuits. It includes the 22nd circuit which is the new one in McHenry County.”
“Yes, I guess it doesn’t include them all, though.”
“No, I believe it does.”
“All right. We’ll check on it again. Thank you.” Speaker Lyons, J.: “Seeing no further questions, Representative Franks to close.”
“Thank you, Mr. Speaker. I appreciate the opportunity here. What we’re trying to do is to give truth and honesty in government. If you’re elected from an area and you say you live in that area, well then, you need to live in that area if you’re gonna be retained as a judge. That… we owe that to our voters. We hold ourselves to this standard. Other elected officials, all elected officials should be held to the same standard. I would ask for an ‘aye’ vote.” Speaker Lyons, J.: “The question is, 'Should House Bill 654 pass?' All those in favor vote 'aye'; all those opposed, 09400016.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Collins, Representative Giles and Patterson. Mr. Franks.”
“I’d like to place this Bill on Postponed Consideration, if I could.” Speaker Lyons, J.: “Mr. Clerk, place the Bill on the request of the Sponsor to Postponed Consideration. Mr. Clerk, the status of House Bill 668.”
“House Bill 668, a Bill for an Act concerning local government. Third Reading of this House Bill.” Speaker Lyons, J.: “Representative Tryon…”
“Thank you, Mr…” Speaker Lyons, J.: “…the Gentleman from McHenry.”
“Thank you, Mr. Speaker. House Bill 666(sic-668) actually makes a small change to the Conservation District Act. In the current Conser… Conservation District Act for a county that has a conservation district next to a county of a population of 2 million, it allows for the county board to set the levy and oversee the budget process and adopt a bu… budget like they would for any other component unit of government. That will… that authority that the county board now has over the conservation district will cease to exist when the county hits 300 thousand. This ups the threshold for county board and legislative oversight of this unit of government to 750 thousand. It allows for a continuation of the operations of the conservation district as it always has and it will continue to provide for the same bonded indebtedness that they’ve all… that the 09400016.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 conservation district has always had. It’s only changing the threshold that will ha… that will allow the county board to have legislative oversight.” Speaker Lyons, J.: “Questions regarding House Bill 668. The Chair recognizes the Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, I know this is your first Bill but I’m not gonna play that game yet because it’s a very important Bill for McHe…”
“And I thank you for that.”
“…for McHenry County. And think there’s been some misinterpretation of this Bill, so I wanted to ask you a couple of questions. Is there anything in this Bill that will allow for an increase in tax levy?
“No, that… nothing here will change the ability of… that will increase taxes, allow for an additionally referendum that would increase taxes. Everything that regards to the district’s authority to impose taxes will remain the same.”
“Is there anything in this Bill that will allow a county to create a conservation district on it’s own?”
“Nothing that any county wouldn’t already have. They can’t… a county and it has a forest preserve district if they wanted to add a conservation district, they would have to go through the same process that any other county would have to go through.” 09400016.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“The only thing this Bill does is change the population threshold from 300 thousand to 750 thousand to allow counties to have direct oversight over the budget of conservation districts. Is that correct?”
“That’s correct. I believe this Bill’s about governmental accountability. In our county this has worked out extremely well, having the conservation district treated like any other component unit of government. It’s required the conservation district and the county board to sit down annually, go through the finances of the… of the agency and if there’s any public distrust, the county board can deal with it before the budget’s approved and the levy is set.”
“Thank you. I appreciate you bringing this forward because it could save the citizens of McHenry County a lot of money, if you’re giving the county board direct oversight of the budget with veto power which you would lose if this Bill wasn’t passed. Correct?”
“That is correct.”
“Thank you very much. It’s a good Bill and I’m proud to be a cosponsor.” Speaker Lyons, J.: “The Chair recognizes the Representative… the Gentleman from Cook, Representative Lang.”
“Thank you. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“So, did I hear Representative Franks say this is your very first Bill?”
“Yes, you did.” 09400016.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Now, let me ask you… let’s pretend no one’s here, we’ll make this a personal question. If this Bill is so darn important in McHenry County, why is a freshman handling it?”
“Well, because this freshman happened to be the county board chairman. And the county board chairman had a very good handle on the relationship of governmental accountability with its component unit of government.”
“That sounds like it came right out of one of your campaign brochures, Representative. That’s pretty good. So, let me ask you question. Is… does this Bill only affect McHenry County?”
“This Bill will only affect McHenry County.”
“So, are you aware that, under our Constitution, special legislation for one person or one group or one county is unconstitutional?”
“Well, actually what I’m… what I’m aware of under our Constitution is that a special legislation for one county may be unconstitutional but special legislation that creates a population threshold such as a neighboring county meeting a population equivalent of 2 million isn’t unconstitutional.”
“So, how many counties are there with a population of over 750 thousand that are adjacent to a county of 2 million? Just roughly, if you have a guess.”
“I have a guess, there are two.”
“And who… which would the other county be?”
“That would be DuPage and Lake.” 09400016.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“So there’s three counties that could potentially benefit under this Bill.”
“Actually, there’s… actually there are three counties that could potentially benefit under this Bill but it wouldn’t be Lake… and DuPage, it would be Will, Kane and McHenry. But Will…”
“Well, now you’ve mentioned several counties, so you want to count ‘em up while we wait?”
“No, I misunderstood your question. And… and now that I understand your question, I’m giving you the answer. And the answer would be that the only counties that this would affect would be Will, McHenry and Kane except Kane, and Will do not have conservation districts.”
“They do not have what, Sir? What was the last thing?”
“Conservation districts.”
“So, you’re… you’re taking the lower threshold of the current law from what, 300 thousand to 750 thousand?”
“That is correct.”
“And those other counties you mentioned, are they the poor counties that are squeezed out as a result of raising the threshold from 300 thousand to 750 thousand?”
“No, they are not because they don’t have a conservation district.”
“So what counties are you excluding as you raise this number?”
“Well, most of our counties have forest preserve districts but in the State of Illinois, the General Assembly passed legislation that allowed for a conservation 09400016.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 district. There are five counties in the State of Illinois that have conservation districts. They are McHenry, Boone, Vermilion, Putnam and Macon.”
“I see. So, are any of them affected by the fact that you’ve raised the lower end of the threshold here?”
“None of them are affected.”
“So, why was the Bill originally drafted and why do we have a law that has a number that low? Is that simply because that’s what the population was at the time?”
“That was the population that was suggested to be put in the Bill about 7 years ago and at that particular point in time… McHenry County was a county much less than 300 thousand but we have grown rather rapidly in the last few years. The Bill that was passed 7 years provided, I think, a tremendous synergy for the county board and the conservation to get together and represent and do the work that’s in the best interest of taxpayers.”
“Tremendous what, Representative? That word, could I hear that word again.”
“Tremendous work.”
“Did I hear you say synergy?”
“Synergy, yeah. Tremendous synergy.”
“I think Representative Black would agree with me that these are not words that are allowed to be uttered on the House Floor. Is this… is this an okay word under our rules?”
“Well, I think, Representative Black has told me that… that good governmental policy is always a good approach.” 09400016.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Well, we haven’t heard from him yet but I’m sure we’re going to. Thank you, Representative. I’m not sure about your Bill, but I appreciate your answers.”
“Well, I would ask for your support.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. I have an inquiry of the Chair.” Speaker Lyons, J.: “State your inquiry.”
“If I… if I heard correctly, we may have to check the tape or the transcript. I believe when the Gentleman got up he presented his Bill as House Bill 666. And that is not the Bill that’s on the board.” Speaker Lyons, J.: “You’re correct, Representative Black. It should be 668.”
“Isn’t 666 the mark of the devil?” Speaker Lyons, J.: “You may know more about that than I do, Representative Black, but I believe it could be.”
“Well, I would ask the Chair to rule that the Gentleman was out of order. He announced the wrong Bill. I think that is evident by the confusion of being… clearly demonstrated in debate. You cannot have a Sponsor get up and say he’s presenting House Bill 666 when, in fact, he is presenting House Bill 668. We tell these people time and time again, read your Bill. This Gentleman couldn’t even read the number. I would ask the Chair to rule that the Gentleman is completely out of order. You take the Bill 09400016.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 out of the record and we get back to it when he has the right number.” Speaker Lyons, J.: “Representative, we’ll take that under consideration with the parliamentarian.”
“And we might expect an answer between now and May.” Speaker Lyons, J.: “Absolutely.”
“All right. Thank you. Well, will the Gentleman yield?” Speaker Lyons, J.: “Indicates he will.”
“Representative, are you also sponsoring House Bill 666?”
“I would never Sponsor House Bill 666.”
“As I… as I’m sure you…”
“And I honestly do not believe I said 666 and I believe I introduced the Bill as 668. So…”
“I have no idea what has happened to the lack of respect on this House Floor. These young people that come down here, I’m shocked and appalled at their lack of respect for a senior citizen… or a senior Member. I… Representative, you used the word synergy. Is that not a copyrighted name of a utility company? I think there’s a baseball field named synergy, isn’t there?”
“I… I believe that the only copyrighted entitlement to that word’s in the Webster’s Dictionary and I think you’ll find it there.”
“Webster’s Dictionary? Is that different than the downstate dictionary?”
“Same dictionary.” 09400016.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Synergy. How is that spelled, with a ‘c’ or a ‘s’?”
“Well, I would… I would say it was a ‘s’.”
“‘s’.”
“Yeah.”
“Let me have my floor assistant get out the dictionary. Would you check on that? I thought it was synergy field. But we’re not talking about athletics here, we’re talking about conservation districts. And where did you say the counties are located that have a conservation district?”
“McHenry, Boone, Vermilion, Macon and Putnam.”
“Vermilion. I… I know that county well, I was born there. Have you talked to any of the Members who reside in those counties about your Bill.”
“Absolutely. When the Bill was… when the Act was amended 7 years ago, there was discussion regarding the population threshold at that time and none of those districts had any problems with the population threshold.”
“Have you talked to the Legislators on the House Floor who represent those conservation districts? I don’t remember you talking about… this impacts my conservation district and I don’t remember you talking to me about it.”
“This Bill, Representative, does not impact your conservation district because your county is not next to a county of 2 million. And it is… because…”
“How do you know? Do you know where my county is?”
“I was born just south of you and I have spent many time driving through your county.” 09400016.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“That’s right you… then you’re a downstater. Are you a Member of the Downstate Caucus?”
“No, I’m not.”
“And you… you live in McHenry County?”
“I was elected by District 64 which is not downstate, it’s upstate and very proud to be here…”
“Well, they… did you…”
“…to… to offer that representation.”
“Did you let the voters know that you were born downstate or were you ashamed of that fact?”
“No, I said that I was born just south of you. I didn’t say what state.”
“All right. Okay. All right. You’re born south of me, you’re really downstate. Let me ask you a question about the Bill. Have you checked with the executive directors of all the conservation districts that are potentially impacted by this piece of legislation?”
“I have… I have absolutely checked with the directors of the conservation districts that are impacted with this legislation and their board members and they are in support of it.”
“Did you check with the Representative from Will County? There’s more than one now and they don’t have any problems with the Bill?”
“Will County is not a county that’s affected with a conservation district.” 09400016.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Well, I thought they were on the list? Oh, that was the other Bill. Oh, Boone. You’ve checked with Boone County Legislators?”
“Boone County is not affected by this legislation either.”
“Well, Boone County has a conservation district, do they not?”
“Yeah, but this legislation only affects conservation districts that are located in counties next to a county of 2 million. And Boone County happens to be located in a county next to a county of… with the population of 292 thousand and a county with a population of 268 thousand.”
“Well, Representative, I’m concerned that you… you are so dismissive of other counties. Let me give you a definition of synergim… synergy: A mutually advantageous conjunction or compatibility of distinct business participants or elements. Since conservation districts are, I think have compatibility of distinct business participants, I wanna make sure that all of them have been contacted. I’ve been here too long when I start doing this, ya know.”
“Well, the synergy that I was referring to was the synergy between the county board and the conservation district. And that has worked very well, has, I think, represented the constituents of the county very well, has saved them money and really has provided good government. And I think it’s a great example of where the General Assembly passed an Act 7 years ago requiring legislative 09400016.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 oversight of a component unit of government and it’s been a win/win for the taxpayer, the county and the conservation district.”
“Representative, thank you very much. Mr. Speaker, to the Bill.” Speaker Lyons, J.: “To the Bill.”
“Ladies and Gentlemen of the House. We’re in the 21st century and a new day has obviously dawned. We have people down here who use words like synergy. This Bill is a cliché among clichés. I quote, ‘It’s good government. It’s a win/win for the taxpayers.’ This sounds like something out of an old Ronald Reagan movie when he played George Gip. This Bill is a cliché. The title is a cliché, even though he didn’t know the correct title. He didn’t know the correct number of the Bill. Well, Representative, I have your number, it’s the wrong number. This Bill is not worthy of support and I urge a ‘no’ vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative McCarthy.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“I really just have two questions. First of all I think, Will will be over 750 thousand by the end the day today so they would not apply. But does Kane County actually touch Cook County? You mentioned Cook… Kane County as a possible county that would be affected by this and I’m not sure that Kane County actually touches Cook 09400016.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 County. I… I think I know where McHenry County touches Cook County but I don’t know about Kane.”
“Well, Kane County actually touches Cook County but they have no conservation district. They have a forest preserve district. This only affects county that has a conservation district. I believe that any county that has a conservation district could benefit from this legislative change if they so… desire to be included into it. This essentially is the only unit of government that had no legislative oversight. The board of health, the mental health board, any other component unit of government that a county board makes appointments to had legislative oversight on its budget and its levy. This simply provides that. I can’t imagine any county not wanting this.”
“Okay. Well, I’ll have to look at the map about Kane ‘cause I’m still a little confused as to where that hits. But the… my question is the… this does not affect the existing debt of this conservation district in any way, correct?”
“It does not.”
“So, the referendums that already passed, they would have to pay them off or the bonds that are set aside, they would have to honored, of course.”
“That’s correct.”
“Okay. So, if we passed thi… if we don’t pass this say, this means that that board can no longer send a referendum to its constituents. Correct?” 09400016.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“No. They could send a referendum to their constituents. What this does if we don’t pass this is that re… they are not accountable to any unit of government other than themselves.”
“So, they can… they could still issue more debt but they wouldn’t be accountable for the debt or they wouldn’t be obligated to pay the debt?”
“The only relationship in the Conservation District Act is that county boards appoint members to a conservation district. If we don’t amend this, this conservation district would be able to set their own levy, set their own budget, operate, basically as a single unit… single purpose unit of government.”
“Okay. So, when I read this, I read it saying that, if this passes, the people of McHenry County could have a referendum and could have their taxes increased. If it doesn’t pass, they couldn’t do that because they wouldn’t issued…”
“No.”
“…they wouldn’t be authorized to do a referendum.”
“If this doesn’t pass… if this doesn’t pass, the citizens of McHenry County can still have a referendum and still have their… raise their taxes but there would be no budgetary oversight by the county board.”
“Okay. But that’s not the way I read my analysis, but… but I’ll take your word for it. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Rep… the Gentleman from Winnebago, Representative Winters.” 09400016.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Thank you, Mr. Speaker. To the Bill. I wanna draw the chamber’s attention to the fact that as far as I can tell this is House Bill 666. And that is the sign of the devil. I mean, we’re talking about counties touching counties. We’re talking about ‘sin energy’. Let me tell ya, any targets out there make sure you have a ‘no’ vote on this ‘sin energy’ Bill. It is unbelievable that we actually have this in front of us by a freshman. I urge a ‘no’ vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Molaro.”
“Thank you, Mr. Speaker. Well, it’s sorta to the Bill, but I knew we were all gonna miss Rosemary Kurtz. Isn’t until now that I knew how bad we were gonna really miss her. Thank you.” Speaker Lyons, J.: “Any further questions? Seeing none, ‘Shall House Bill 668 pass?’ All those in favor signify by saying(sic-voting) ‘aye’; those opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, 117 ‘yes’, 0 ‘noes’, 0 ‘presents’. This Bill, having received the Constitutional Majority, is hereby declared passed. For the purpose of an announcement, Representative Connie Howard is recognized in the celebration of Black History Month. Representative Howard.”
“Yes, thank you, Mr. Speaker. My colleagues, you know, that this is Black History Month. And every day this 09400016.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 month, one of my colleagues in the Black Caucus has given you some information regarding figures or incidents or events in black history. My topic today is Sojourner Truth. It is rarely discussed but Sojourner Truth fought for the desegregation of public transportation in Washington, D.C., during the Civil War. She refused to face the indignities of Jim Crow segregation on street cars and had the Jim Crow car removed from the Washington, D.C., system. Sojourner Truth brought a local street to a stand- still when a driver refused her passage. With the support of the crowd, she forced the driver to carry her… to carry her. During her legendary life, she challenged injustice wherever she saw it. She was an abolitionist, women’s right activist and a preacher. Born into slavery as Isabella Baumfree in upstate New York, Sojourner Truth obtained her freedom and moved to New York City. There she began to work with organizations designed to assist women. She later became a traveling preacher and quickly developed a reputation as a powerful speaker. A turning point in her life occurred when she visited the Northampton Association in Massachusetts. The members of this association included many of the leading abolitionists and women’s rights activists of her time. Among these people, Sojourner Truth discussed issues of the day and as a result of these discussions became one of the first people in the country to link the oppression of black slaves with the oppression of women. As a speaker, Sojourner Truth became known for her quick wit and powerful presence. She would never be 09400016.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 intimidated. Because of her powerful speaking ability, independent spirit and her six-foot frame, she was often accused of being a man. She ended that in Siverlake, Indiana when she exposed her breasts to the audience that accused her. Sojourner Truth lived a long and productive life. She spoke before Congress and two presidents. Sojourner Truth is best remembered for a speech she gave at a women’s rights conference where she noticed that no one was addressing the rights of black women. This speech was delivered at the 1851 women’s rights convention in Akron, Ohio. Several ministers attended the second day of the women’s rights convention and were not shy in voicing their opinion of man’s superiority over women. One claimed superior intellect, one spoke of the manhood of Christ and still another referred to the sin of our first mother. Suddenly, Sojourner Truth rose from her seat in the corner of the church, walked to the podium and slowly took off her bonnet. Her six-foot frame towered over the audience. She began to speak in her deep, resonant voice, ‘Well, children where… where there is so much racket, there must be something out of kilter. I think between Negroes of the South and the women of the North, all talking about rights, the white men will be in a fix pretty soon. But what’s all this talking about?’ She pointed to one of the ministers, ‘That man over there said that women need to be helped into carriages and lifted over ditches and to have the best place everywhere. Nobody helps me any best place, and ain’t I a woman?’ Sojourner raised herself to her full 09400016.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 height, ‘Look at me, look at my arm.’ She bared her right arm and flexed her powerful muscles, ‘I have plowed, I have planted and I have gathered into barns and no man could head me and ain’t I a woman? I could work as hard and eat as much as a man when I could get it and bared the lash as well and ain’t I a woman? I have borne children and seen most of them sold into slavery and when I cried out with a mother’s grief, none but Jesus heard me and ain’t I a woman?’ The women in the audience began to cheer wildly. Sojourner Truth actively supported the black troops during the Civil War and helped set the government to give these soldiers land. She continued to travel and preach throughout the Northeast and Midwest from her home in Battle Creek, Michigan, where she died at the age of 84 in 1883. Thank you.” Speaker Lyons, J.: “Thank you, Representative Howard. Mr. Clerk, Agreed Resolutions.”
Clerk Mahoney: “Agreed Resolutions. House Resolution 109, offered by Representative Dugan. House Resolution 110, offered by Representative Dugan. House Resolution 111, offered by Representative Lyons, Joseph. House Resolution 112, offered by Representative Feigenholtz. House Resolution 113, offered by Representative Biggins. House Resolution 114, offered by Representative Krause. House Resolution 115, offered by Representative Coulson. House Resolution 116, offered by Representative Cross. House Resolution 118, offered by Representative Currie. House Resolution 121, offered by Representative Rose. House 09400016.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 Resolution 122, offered by Representative Feigenholtz and House Resolution 123, offered by Representative Bellock.” Speaker Lyons, J.: “You’ve heard the Resolutions. Representative Currie moves that the option of all the House Resolutions is read. All those in favor signify by saying ‘aye’; opposed ‘nay’. In the opinion of the Chair, the ‘ayes’ have it. Representative Brosnahan.”
“Thank you, Mr. Speaker. For purpose of an announcement. The House Telecommunications Committee scheduled to meet tomorrow morning at 8 a.m. will be canceled, none of the four posted Bills are ready to go. So, again, the House Telecommunications Committee scheduled for tomorrow will be canceled. Thank you.” Speaker Lyons, J.: “Thank you, Representative. Seeing no further announcements, allowing Perfunctory time… Representative Molaro.”
“The… just the purpose of announcement. The House Judiciary Committee will be meeting at 8:00 promptly tomorrow morning. Yes, promptly, at 8 a.m., there are a lot of Bills. And for those Sponsors who have a Bill, please be aware I do like cream in my coffee. Thank you.” Speaker Lyons, J.: “Representative Dunkin.”
“Hi. Point of announcement. Immediately following the adjournment here, the tourism… House Tourism Committee is meeting over in D-1 today. Thank you.” Speaker Lyons, J.: “Thank you, Representative. Representative Feigenholtz.” 09400016.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“I’d like to remind Members of the Human Services Appropriations Committee that we are not meeting at 8 a.m. tomorrow morning, we are meeting at 10 a.m. So, good news.” Speaker Lyons, J.: “Thank you, Representative. Representative Naomi Jakobsson.”
“Thank you, Mr. Speaker. I’d like to rise on a point of personal privilege.” Speaker Lyons, J.: “State your point.”
“I would like to introduce… in the balcony we have today with us, students from the University of Illinois School of Social Work. Please give them a big round of welcome applause.” Speaker Lyons, J.: “Welcome to Springfield. Representative Chapa-LaVia.”
“Point of personal privilege. I’d also like to welcome my group of students from Aurora U., the Midwest Harvard and Yale from Aurora University. Yeah.” Speaker Lyons, J.: “Welcome to Springfield. Representative McCarthy.”
“Purpose of an announcement, Mr. Speaker.” Speaker Lyons, J.: “Proceed, Representative.”
“Thank you. I just wanted to remind the Members of the Higher Education Committee that we will be meeting in D-1 instead of our usual meeting Room 122. The meeting this afternoon will be in D-1. Thank you.” Speaker Lyons, J.: “Representative Hamos.” 09400016.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005
“Thank you. For purpose of announcement. Tomorrow the Mass Transit Committee is meeting at noon and we are going to hear about downstate mass transit funding and issues. And I would welcome any of the downstate Members to attend. That’s Room 118 at noon, tomorrow.” Speaker Lyons, J.: “Thank you, Representative. Representative Dunkin, is there something else?”
“Yes, for purposes of an announcement, again. A point of clarification. The Tourism Committee is not… will be meeting in Room 115, 115 instead of D-1. Thank you.” Speaker Lyons, J.: “Representative Dan Reitz.”
“Thank you, Mr. Chair… for purposes of an announcement. I would like just everyone to note on… on the Calendar, we’ve changed the Revenue Committee. It will meet at 10 a.m. 10 a.m. tomorrow… instead of 8 a.m. Thank you.” Speaker Lyons, J.: “Thank you, Representative. Representative Parke.”
“Thank you, Mr. Speaker. I have an inquiry of the Chair.” Speaker Lyons, J.: “State your inquiry.”
“If… if we are… are we in Session at noon tomorrow? And if so, how can that Member have a committee hearing at noon tomorrow? Oh, we’re in one. Thank you.” Speaker Lyons, J.: “We’re in at one tomorrow.”
“Thank you.” Speaker Lyons, J.: “Seeing no further announcements, no further questions, no further business before the House, allowing Perfunctory time for the Clerk, Representative Currie moves 09400016.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 that we stand adjourned until the hour of 1:00 tomorrow, Friday, February 18. All those in favor signify by saying ‘aye’; opposed; the ‘ayes’ have it. The House stands adjourned.”
“The House Perfunctory Session will come to order. First Reading of House Joint Resolution Constitutional Amendment #12, offered by Representative Granberg. 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 amend Article V of the Illinois Constitution by changing Sections 1, 2, 3, 6, and 7 and by repealing Sections 4 and 14 as follows: ARTICLE V THE EXECUTIVE SECTION 1. OFFICERS The Executive Branch shall include a Governor, Attorney General, Secretary of State, Comptroller and Treasurer elected by the electors of the State. They shall keep the public records and maintain a residence at the seat of government during their terms of office. SECTION 2. TERMS These elected officers of the Executive Branch shall hold office for four years beginning on the second Monday of January after their election and until their successors are 09400016.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 qualified. They shall be elected at the general election in 1978 and every four years thereafter. SECTION 3. ELIGIBILITY To be eligible to hold the office of Governor, Attorney General, Secretary of State, Comptroller or Treasurer, a person must be a United States citizen, at least 25 years old, and a resident of this State for the three years preceding his election. SECTION 4. JOINT ELECTION (REPEALED) SECTION 6. GUBERNATORIAL SUCCESSION (a) In the event of a vacancy, the order of succession to the office of Governor or to the position of Acting Governor shall be the elected Attorney General, the elected Secretary of State, and then as provided by law. (b) If the Governor is unable to serve because of death, conviction on impeachment, failure to qualify, resignation or other disability, the office of Governor shall be filled by the officer next in line of succession for the remainder of the term or until the disability is removed. (c) Whenever the Governor determines that he may be seriously impeded in the exercise of his powers, he shall so notify the Secretary of State and the officer next in line of succession. The latter shall thereafter become Acting Governor with the duties and powers of Governor. When the Governor is prepared to resume office, he shall do so by notifying the Secretary of State and the Acting Governor. (d) The General Assembly by law shall specify by whom and by what procedures the ability of the Governor to serve or to 09400016.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 resume office may be questioned and determined. The Supreme Court shall have original and exclusive jurisdiction to review such a law and any such determination and, in the absence of such a law, shall make the determination under such rules as it may adopt. SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES If the Attorney General, Secretary of State, Comptroller or Treasurer fails to qualify or if his office becomes vacant, the Governor shall fill the office by appointment. The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor. (Source: Illinois Constitution.) SECTION 14. LIEUTENANT GOVERNOR - DUTIES (REPEALED) SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies upon the conclusion of the term of office of the Lieutenant Governor elected in 2002. The office of Lieutenant Governor is thereupon abolished regardless of whether an election for Lieutenant Governor is held at the same general election at which this Constitutional Amendment is adopted. This has been First Reading of House Joint Resolution Constitutional Amendment #12.”
“Introduction and Reading of House Bills-First Reading. House Bill 2392, offered by Representative Lindner, a Bill for an Act concerning business. House Bill 09400016.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 2393, offered by Representative Saviano, a Bill for an Act concerning gaming. House Bill 2394, offered by Representative Munson, a Bill for an Act concerning State Government. House Bill 2395, offered by Representative Munson, a Bill for an Act concerning regulation. House Bill 2396, offered by Representative Munson, a Bill for an Act concerning State Government. House Bill 2397, offered by Representative Munson, a Bill for an Act concerning finance. House Bill 2398, offered by Representative Poe, a Bill for an Act concerning regulation. House Bill 2399, offered by Representative Stephens, a Bill for an Act concerning transportation. House Bill 2400, offered by Representative Pritchard, a Bill for an Act concerning civil law. House Bill 2401, offered by Representative Meyer, a Bill for an Act concerning regulation. House Bill 2402, offered by Representative Meyer, a Bill for an Act concerning State Government. House Bill 2403, offered by Representative Beaubien, a Bill for an Act concerning civil law. House Bill 2404, offered by Representative Bradley, John, a Bill for an Act concerning regulation. House Bill 2405, offered by Representative Reitz, a Bill for an Act concerning warehouses. House Bill 2406, offered by Representative Phelps, a Bill for an Act concerning regulation. House Bill 2407, offered by Representative Reitz, a Bill for an Act concerning finance. House Bill 2408, offered by Representative Davis, Monique, a Bill for an Act concerning finance. House Bill 2409, offered by Representative Phelps, a Bill for an Act concerning 09400016.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 animals. House Bill 2410, offered by Representative Bradley, John, a Bill for an Act concerning elections. House Bill 2411, offered by Representative Bradley, John, a Bill for an Act concerning criminal law. House Bill 2412, offered by Representative Bradley, John, a Bill for an Act concerning criminal law. House Bill 2413, offered by Representative Bradley, John, a Bill for an Act concerning alcoholic liquor. House Bill 2414, offered by Representative Acevedo, a Bill for an Act concerning criminal law. House Bill 2415, offered by Representative May, a Bill for an Act concerning education. House Bill 2416, offered by Representative Kelly, a Bill for an Act concerning elections. House Bill 2417, offered by Representative Kelly, a Bill for an Act concerning elections. House Bill 2418, offered by Representative Schock, a Bill for an Act concerning child support. House Bill 2419, offered by Representative Schock, a Bill for an Act concerning State Government. House Bill 2420, offered by Representative Schock, a Bill for an Act making appropriations. House Bill 2421, offered by Representative Schock, a Bill for an Act concerning public aid. House Bill 2422, offered by Representative Schock, a Bill for an Act concerning appropriations. House Bill 2423, offered by Representative Schock, a Bill for an Act concerning revenue. House Bill 2424, offered by Representative Jones, a Bill for an Act concerning courts. House Bill 2425, offered by Representative Jones, a Bill for an Act concerning criminal law. House Bill 2426, offered by 09400016.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 Representative Reitz, a Bill for an Act concerning finance. House Bill 2427, offered by Representative Hoffman, a Bill for an Act concerning public employee benefits. House Bill 2428, offered by Representative Hoffman, a Bill for an Act concerning insurance. House Bill 2429, offered by Representative Saviano, a Bill for an Act concerning liquor. House Bill 2430, offered by Representative Churchill, a Bill for an Act concerning elections. House Bill 2431, offered by Representative Churchill, a Bill for an Act concerning transportation. House Bill 2432, offered by Representative Bassi, a Bill for an Act concerning criminal law. House Bill 2433, offered by Representative Poe, a Bill for an Act concerning transportation. House Bill 2434, offered by Representative Chapa LaVia, a Bill for an Act concerning criminal law. House Bill 2435, offered by Representative Hannig, a Bill for an Act concerning education. House Bill 2436, offered by Representative Schmitz, a Bill for an Act concerning construction. House Bill 2437, offered by Representative Giles, a Bill for an Act concerning education. House Bill 2438, offered by Representative Giles, a Bill for an Act concerning education. House Bill 2439, offered by Representative Chapa LaVia, a Bill for an Act concerning safety. House Bill 2440, offered by Representative Chapa LaVia, a Bill for an Act concerning employment. House Bill 2441, offered by Representative Gordon, a Bill for an Act concerning criminal law. House Bill 2442, offered by Representative Black, a Bill for an Act concerning 09400016.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 transportation. House Bill 2443, offered by Representative Bellock, a Bill for an Act concerning gaming. House Bill 2444, offered by Representative Chavez, a Bill for an Act concerning transportation. House Bill 2445, offered by Representative Berrios, a Bill for an Act concerning missing children. House Bill 2446, offered by Representative Stephens, a Bill for an Act concerning regulation. House Bill 2447, offered by Representative Leitch, a Bill for an Act concerning(sic-animals). House Bill 2448, offered by Representative Mathias, a Bill for an Act concerning unemployment insurance. House Bill 2449, offered by Representative Washington, a Bill for an Act concerning transportation. House Bill 2450, offered by Representative Phelps, a Bill for an Act concerning wildlife. House Bill 2451, offered by Representative Flowers, a Bill for an Act concerning regulation. House Bill 2452, offered by Representative Coulson, a Bill for an Act concerning regulation. House Bill 2453, offered by Representative Coulson, a Bill for an Act concerning regulation. House Bill 2454, offered by Representative Froehlich, a Bill for an Act concerning families. House Bill 2455, offered by Representative Froehlich, a Bill for an Act concerning government. House Bill 2456, offered by Representative Ryg, a Bill for an Act concerning State Government. House Bill 2457, offered by Representative Ryg, a Bill for an Act concerning appropriations. House Bill 2458, offered by Representative Joyce, a Bill for an Act concerning local government. House Bill 2459, offered 09400016.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 by Representative Mathias, a Bill for an Act concerning criminal law. House Bill 2460, offered by Representative Boland, a Bill for an Act concerning child labor. House Bill 2461, offered by Representative Mathias, a Bill for an Act concerning aging. House Bill 2462, offered by Representative Mendoza, a Bill for an Act concerning revenue. House Bill 2463, offered by Representative Boland, a Bill for an Act concerning revenue. House Bill 2464, offered by Representative Eddy, a Bill for an Act concerning controlled substances. House Bill 2465, offered by Representative Howard, a Bill for an Act concerning technology. House Bill 2466, offered by Representative Howard, a Bill for an Act concerning public aid. House Bill 2467, offered by Representative Rita, a Bill for an Act concerning transportation. House Bill 2468, offered by Representative Bradley, Richard, a Bill for an Act in relation to public employee benefits. House Bill 2469, offered by Representative Bradley, Richard, a Bill for an Act concerning public employee benefits. House Bill 2470, offered by Representative Howard, a Bill for an Act concerning State Government. House Bill 2471, offered by Representative Hamos, a Bill for an Act concerning youth violence prevention. House Bill 2472, offered by Representative Hamos, a Bill for an Act concerning insurance. House Bill 2473, offered by Representative Hoffman, a Bill for an Act concerning transportation. House Bill 2474, offered by Representative Winters, a Bill for an Act concerning elections. House Bill 2475, offered 09400016.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 by Representative Winters, a Bill for an Act concerning elections. House Bill 2476, offered by Representative Howard, a Bill for an Act concerning telecommunications. House Bill 2477, offered by Representative Winters, a Bill for an Act concerning elections. House Bill 2478, offered by Representative Howard, a Bill for an Act concerning finance. House Bill 2479, offered by Representative Howard, a Bill for an Act concerning appropriations. House Bill 2480, offered by Representative Howard, a Bill for an Act concerning State Government. House Bill 2481, offered by Representative Cross, a Bill for an Act concerning revenue. House Bill 2482, offered by Representative Davis, Monique, a Bill for an Act concerning transportation. House Bill 2483, offered by Representative Howard, a Bill for an Act concerning higher education. House Bill 2484, offered by Representative Howard, a Bill for an Act concerning state holidays. House Bill 2485, offered by Representative Howard, a Bill for an Act concerning appropriations. House Bill 2486, offered by Representative Howard, a Bill for an Act concerning State Government. House Bill 2487, offered by Representative Howard, a Bill for an Act concerning State Government. House Bill 2488, offered by Representative Graham, a Bill for an Act concerning criminal law. House Bill 2489, offered by Representative Miller, a Bill for an Act concerning transportation. House Bill 2490, offered by Representative Miller, a Bill for an Act concerning public aid. House Bill 2491, offered by Representative Mulligan, a Bill for 09400016.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 an Act concerning aging. House Bill 2492, offered by Representative Mulligan, a Bill for an Act concerning health. House Bill 2493, offered by Representative Lindner, a Bill for an Act concerning regulation. House Bill 2494, offered by Representative Beaubien, a Bill for an Act concerning regulation. House Bill 2495, offered by Representative Granberg, a Bill for an Act concerning employment. House Bill 2496, offered by Representative Granberg, a Bill for an Act concerning civil law. House Bill 2497, offered by Representative Sacia, a Bill for an Act concerning transportation. House Bill 2498, offered by Representative Feigenholtz, a Bill for an Act concerning health. House Bill 2499, offered by Representative Sacia, a Bill for an Act concerning safety. House Bill 2500, offered by Representative Jakobsson, a Bill for an Act concerning local government. House Bill 2501, offered by Representative Jenisch, a Bill for an Act concerning transportation. House Bill 2502, offered by Representative Currie, a Bill for an Act in relation to taxation. House Bill 2503, offered by Representative Yarbrough, a Bill for an Act concerning State Government. House Bill 2504, offered by Representative Yarbrough, a Bill for an Act concerning State Government. House Bill 2505, offered by Representative Myers, a Bill for an Act making appropriations. House Bill 2506, offered by Representative Sacia, a Bill for an Act concerning transportation. House Bill 2507, offered by Representative Sacia, a Bill for an Act concerning transportation. House Bill 2508, offered by 09400016.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 16th Legislative Day 2/17/2005 Representative Boland, a Bill for an Act concerning regulation. House Bill 2509, offered by Representative Rita, a Bill for an Act concerning hospitals. House Bill 2510, offered by Representative Hoffman, a Bill for an Act concerning transportation. House Bill 2511, offered by Representative Bellock, a Bill for an Act concerning public aid. House Bill 2512, offered by Representative Madigan, a Bill for an Act concerning finance. House Bill 2513, offered by Representative Mulligan, a Bill for an Act concerning public aid. House Bill 2514, offered by Representative Mulligan, a Bill for an Act concerning elections. There being no further business, the House Perfunctory Session will stand adjourned.” 09400016.doc 89