“The hour of 1:00 having arrived, the House will be in order. The Members will please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. We will be led in prayer today by the Reverend Gene Fox with the First Christian Church in West Frankfort, Illinois. Reverend Fox in the guest of Representative John Bradley.”
“Let us pray. Good afternoon, dear Father in heaven. Thank You for looking down upon us this day with a ver… beautiful February afternoon, where these dedicated men and women have come together to represent the great people of Illinois. Lord, we ask and invoke Your blessing upon them in all of their duties. We also ask, Father, that You’d be with them in the lonely hours of being away from their families. We know that some of their greatest constituents are those in their own households and their parents, either living or those who have gone before and have joined that great crowd of witnesses looking down upon the events of mankind. Father, we pray for their integrity. We pray, Oh God, that they will reach deeply within themselves always and that there they will find the answers that are available because of Your love and grace. We thank You, Father, for those great men and women who have sat in these seats before them many of whom have lived their lives and now because they have fought the good fight, run the race and kept the faith, are able to stand 09400021.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 before You with free conscience and free heart. Lord, we thank You for the nearly 200 year history of this great State of Illinois. And we thank You for our great heritage. My prayer, Oh God, is that You would bless each man and woman as they make difficult decisions and as they think of all of the citizens of the State of Illinois. We feel so blessed, Father, because almost of us have so much. But we pray, God, for every section of this great state that those who are without even the real necessities of life, that because of the work of this august group of people, great blessings will soon be theirs. And, Lord, we’re thankful that we all do share one thing and that is the vote, that every man and woman, citizen of this land, can speak from their heart in regard to the future of Illinois. And Lord, I just pray Your blessings upon these people and especially do we pray on this special week of life for each Representative gathered here today. God bless those who bring special needs before this Body today. And may Thy spirit minister mightily in our midst. And it is in The name of thy son, Jesus Christ, that I offer this prayer. Amen.”
“We’ll be led in the… in the Pledge today by Representative Dunkin.”
"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." 09400021.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
Speaker Hannig: “Roll Call for Attendance. Representative Currie.”
“Thank you, Speaker. Please let the record show that Representative McKeon is excused today.”
“Representative Bost.”
“Thank you, Mr. Speaker. Let the record reflect that Representative Daniels, Lindner and Kosel are excused today.”
“Mr. Clerk, take the record. Hang on… Okay. On this question, there are 113 Members answering the Roll Call and a quorum is present. Mr. Clerk, would you read the Committee Reports.”
Clerk Bolin: “Committee Reports. Representative McCarthy, Chairperson from the Committee on Higher Education, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 1487; 'do pass as amended Short Debate' House Bill 1051 and House Bill 2435. Representative Holbrook, Chairperson from the Committee on Environment & Energy, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 1549. Representative Soto, Chairperson from the Committee on Labor, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 594, House Bill 908, 09400021.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 House Bill 1313, House Bill 1402 and House Bill 1480; 'do pass as amended Short Debate' House Bill 324. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 473, House Bill 1077, House Bill 1589, House Bill 847, House Bill 1055, House Bill 1338 and House Bill 2467; 'do pass as amended Short Debate' House Bill 602 and House Bill 956. Representative Saviano, Chairperson from the Committee on Registration & Regulation, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 872, House Bill 902 and House Bill 928; 'do pass as amended Short Debate' House Bill 900. Representative Delgado, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 506, House Bill 1133, House Bill 1522, House Bill 1539, House Bill 2380, House Bill 760, House Bill 1511, House Bill 1533, House Bill 1553 and House Bill 2490; 'do pass as amended Short Debate' House Bill 759, House Bill 2345 and House Bill 2421; 'do pass Standard Debate' House Bill 1044. Representative Fritchey, Chairperson from the Committee on Judiciary I-Civil Law, to which the following measure/s 09400021.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 823, House Bill 808 and House Bill 1523; 'do pass as amended Short Debate' House Bill 173, House Bill 766, House Bill 1079. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 58, House Bill 164, House Bill 384 and House Bill 733. Representative May, Chairperson from the Committee on Environmental Health, to which the following measure/s was/were referred, action taken on February 23(sic-24), 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 1585. Representative Soto, Chairperson from the Committee on Child Support Enforcement, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 783 and House Bill 2418. Representative Osterman, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 664, House Bill 679, House Bill 723, House Bill 1310, House Bill 1311, House Bill 1458, House Bill 1504 and House Bill 1574. Representative Mendoza, Chairperson from the 09400021.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Committee on International Trade & Commerce, to which the following measure/s was/were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 1529, House Bill 1569 and House Bill 2394. Representative Currie, Chairperson from the Committee on Rules, to which the following measures were referred, action taken on February 24, 2005, reported the same back with the following recommendation/s: 'direct floor consideration' for Amendment #2 to House Bill 15, Amendment #1 to House Bill 60, Amendment #1 to House Bill 227, Amendment #2 to House Bill 255, Amendment #4 to House Bill 339, Amendments #1 and 2 to House Bill 350, Amendment #1 to House Bill 500, Amendment #1 to House Bill 593, Amendment #1 to House Bill 611 and Amendment #1 to House Bill 615. Introduction of Resolutions. House Resolution 151, offered by Representative Munson. House Resolution 152, offered by Representative Osterman. House Resolution 153, offered by Representative Cross. House Resolution 154, offered by Representative Jenisch. House Resolution 155, offered by Representative Pihos. House Resolution 156, offered by Representative Pritchard. And House Joint Resolution 21, offered by Representative Eddy. These Resolutions are referred to the House Rules Committee.”
“Okay. We’re going to now resume House Bill- Third Readings where we left off yesterday and then move down the Calendar. So, the first Bill is on page 9 of the 09400021.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Calendar House Bill 1148, Representative Osmond. Mr. Clerk, would you read the Bill.”
“House Bill 1148, a Bill for an act concerning transportation. Third Reading of this House Bill.”
“The Lady from Lake, Representative Osmond.”
“Thank you, Mr. Speaker. House Bill 1148 amends the Snowmobile Registration Safety Act with the Amendment on it requiring that a 16-year-old or younger to wear a protective helmet while a passenger or operator of a snowmobile. The Illinois Association of Snowmobile Clubs are supporting this with the two changes. We changed the age from 18 to 16 so it conformed with all of their safety regulations that they have in place. And also, we gave movement of the snowmobile for a hundred feet when they are loading and unloading… loading so that they would have a better vision. I’m asking for a positive vote.”
“The Lady moves for passage of House Bill 1148. 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, there… there is currently no restriction if someone wanted… if a family wanted their minor children to wear a helmet, they’re certainly free to do that, correct?”
“That’s correct.” 09400021.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“And in fact, many people, I know in my district I… I watch many of them at the state park when we have sufficient snowfall, many of them all wear helmets. And there’s no restriction on that either?”
“That’s correct, Sir.”
“All right. So, what you’re Bill does then is to say it is now mandated that anyone… Is it under 16 or 16 and under?”
“That’s correct… 16 or un… 16 and under…”
“All right, 16 or under now would be the law…”
“That’s correct.”
“And there’s one thing I want to make clear about the Bill. Is it only if they’re a passenger or is it if they are the driver?”
“It’s passenger or operator.”
“Passenger only. If they are… if…”
“No… no… no, Sir. Passenger or operator.”
“Passenger or operator. All right. So, it’s… it’s a… it’s a situation where currently it’s… it’s up to the owner/operator regarding helmets and this Bill would say, if you’re 16 and under, it would be a state law.”
“That’s correct.”
“Okay, fine. Thank you.”
Speaker Hannig: “The Gentleman from Cook, Representative Dunkin.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.” 09400021.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Just a question on here… I… you know, I’m tying to get a sense of… ‘cause actually my very first Bill…”
“I’m sorry, I can’t hear. I apologize. I can’t hear.”
Speaker Hannig: “Let’s give the Lady, the Sponsor and the questioner some attention, please.”
“Thank you, Mr. Speaker. Representative, I’m trying to get a sense of… why there is… is there… was there a particular incident that occurred recently or is there a phenomenon that has been going on for quite some time now as why we’re gonna…”
“This has…”
“…require that someone at 16…”
“This past January…”
“…to wear a helmet.”
“…there was a… an accident that happened in… to residents in my district. A 5-year-old child was killed. She did not have a helmet or any type of headgear on and the driver of the snowmobile was her mother and she lost control over an icy pond and rolled the snowmobile and the child was killed.”
“So, you know of just the… just the one incident, unfortunately?”
“That’s the one that caused us to…”
“Sure.”
“…look at this situation a little bit more carefully.”
“So, it seems as if the parent should have been far more responsible than she was with this.” 09400021.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“I’ve talked to John Lyons, he is the president of the Illinois Snowmobile Club and he said that there are other cases where minors have been injured and he thought that this was a positive move just to draw attention to the fact that we need to be a little bit more careful when we put our children on these types of recreation vehicles.”
“Is there a reason why the Natural Resources Department is neutral on this particular issue?”
“No.”
“Do you think, in other words, I’m trying to figure out would this inhibit any tourism in some of these parks throughout the State of Illinois in terms of having some of these extra requirements?”
“I’m sorry. Could you repeat it one more time? I can’t hear, I’m sorry.”
“Okay. Can…”
“Can we have a little order?”
“Okay. Thank you.”
“Could we give the presenter and…”
“I’m tryin’ ta… I’m tryin’ ta to figure out if… if… you know, I honestly understand where you’re coming from as at least of safety situation but would this have a negative impact on some of our snowmobile recreational facilities in the wintertime throughout the state as it relates to tourism?”
“No, I don’t believe so because the snowmobile clubs really actually want this. They say that it’s a part of their safety requirements, that they’re teaching their 09400021.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 operators to be able to… to be conscious of as… as they participate in this sport.”
“So, is there reason why A.B.A.T.E. is opposed to this legislation?”
“There… there was a Bill that I started off with that I had all-terrain vehicles involved in it. And we… we tabled that Bill and went fresh with just the snowmobilers. And A.B.A.T.E. still seems to feel that the issue of helmets has no place in… effect in the State of Illinois.”
“Thank you.”
Speaker Hannig: “The… the Gentleman from Iroquois, Representative Cultra.”
“Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, if… if my kids were operating a snowmobile on my property, would I be required… would they be required to wear a helmet?”
“Could we… could we give the Lady and the Gentleman a little order, please.”
“The question is, does the state have authority to require the usage when someone’s operating on their own private property?”
“This will cover also private property.”
“Thank you.”
“The Lady from Cook, Representative Howard.”
“Thank you, Mr. Speaker. To the Bill.”
“To the Bill.” 09400021.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“My colleagues, I am a firm believer in it takes a village to raise a child. And the reason that that old adage is so appropriate most of the time is because sometimes parents are not always thinking about those children to the extent that they ought to. We, as a State of Illinois, have a responsibility to make certain that our children are safe. We have abuse laws. We have all kinds of laws that help to make certain that our children are safe. This would be such a law. And I just urge you all to understand that we cannot be concerned about whether or not someone believes this is going to be the gateway to other kinds of… of helmet laws. We need to think about our children. We need to vote ‘yes’ on this Bill. I’d like to see everybody here with a ‘green’ vote. Thank you.”
“Representative Osmond to close.”
“Thank you. I… I appreciate all of the concern that Representative Howard has given. It… it definitely is… an issue that we have to look at. We have to wake parents up to the fact of how fast these recreation vehicles go and how we need to be protective for our children. I would appreciate an ‘aye’ vote.”
“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 62 voting ‘yes’ and 49 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Millner, would 09400021.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 you wish us to run with… or read 1149? Mr. Clerk, read the Bill.”
“House Bill 1149, a Bill for an Act concerning environmental safety. Third Reading of this House Bill.”
“Representative Millner.”
“Thank you, Mr. Speaker and Members of the House. House Bill 1149 creates the Computer Equipment Disposal and Recycling Commission and it provides requirements for the commission. This is an identical Bill that Representative Colvin introduced last Session and passed the House 110-0. The Governor had vetoed the Bill and he said he was gonna form his own commission which has not occurred so we’re reintroducing the Bill.”
“Okay. The Gentleman has moved for passage of House Bill 1149. And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, did you just tell us what this Bill does?”
“Yes. It creates a… it creates a commission where the commission will issue a report of its findings and recommendations related to the disposal and recycling of equipment on or before May 31, 2006. And beginning on May 31, 2007, evaluate the implementation of programs by the state relating to computer equipment disposal and recycling and issue a report of its finding and recommendations on or 09400021.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 before December 31, 2008. This we passed last year unanimously but the Governor vetoed it.”
“Is this a… is this a piece of legislation supported and pushed by the Environmental Protection Agency?”
“The Illinois EPA supports this, yes.”
“Is this their Bill?”
“I took it from Colvin last year. So, Representative Colvin had it and I just reintroduced it.”
“All right. Now, in this Bill, it is strictly a report. They’re gonna study what other states do or what other municipal governments do…”
“Right, it’s a study to…”
“When is… when is the report due?”
“Well, what we’re looking at and we… we’ve heard so much… so many scientific reports and actually whether it’s anecdotal or real reports, about the hazards of lead in our landfills, et cetera and we’d like to know what the reality of that is. This… this commission will look at that.”
“Okay. Was anybody in opposition to your legislation?”
“Not to my knowledge.”
“Thank you.”
“The Lady from Cook, Representative Nekritz.”
“Thank you. I… I would just like to say, I think that… that 2… that 3 years is a long time for us to be studying this and I would hope that in the interim if there is other legislation that comes forth that might address this problem, in the interim, that we could continue to work on that. Because I think that… ya know, from 09400021.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 everything I… I’ve learned this is gonna hit a crisis stage in the year 2007 which is well before all these studies would be… would be completed. So, I’m gonna be supporting the Bill and happy to be working with you on it but hoping that we can continue to… to push forward on some… some more concrete solutions.”
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, is it currently legal in Illinois to dispose of a outdated computer in a landfill?”
“Yes, it is.”
“So, you can do that.”
“That’s correct.”
“All right. Two, maybe 3 years ago, we got the… the House and the Senate bought new laptops for all the Members. Do you know what happened to the old laptops? Were they recycled or disposed of in a landfill?”
“I… I believe they were disposed of in a landfill.”
“All right. Is… is there anything in this Bill that says unequivocally, the General Assembly, the State of Illinois has found or believes or has reason to believe that the disposal of such technology or high-tech equipment is, in fact, hazardous or does it say ‘may’ be hazardous?” 09400021.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“That’s why we’re putting this commission together to look at all the scientific data that’s available to… to us.”
“All right. So, by this… by creating this commission we are not stating unequivocally that this is hazardous, we want the commission to tell us whether in fact it is. Right?”
“That’s correct.”
“Okay, fine. Thank you.”
“Is there any further discussion? Then the question is, ‘Shall House Bill 1149 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… Jenisch, Representative Jenisch, would you like to be recorded? Okay. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would read House Bill 1181.”
“House Bill 1181, a Bill for an Act concerning fish and aquatic life. Third Reading of this House Bill.”
“Representative Dugan.”
“Thank you, Speaker. House Bill 1181 amends the Fish and Aquatic Life Code. The Bill limits the definition of ‘minnow’ by exempting Asian carp species and defines ‘indigenous species’ as those species of aquatic life sponsored by administrative… specified by administrative rule. The reason for this legislation extends from the 09400021.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 need to protect the state’s aquatic resources from invasion of… indigenous species. Of special concern and the reason this came about, was the Asian carp that they have found in the Great Lakes. So, this was a piece of legislation requested by DNR and I’ll answer any questions.”
“The Lady has moved for passage of House Bill 1181. 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? Representative Black? Okay. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Myers, for what reason do you rise?”
“Point of personal privilege, Mr. Speaker.”
“State your point.”
“I would like the chamber to recognize this as a very momentous day for my seatmate, Representative Suzie Bassi, who is once again 39 years old. And in commemoration of that, we’d like to invite all of you down front to enjoy a piece of cake and let’s wish Representative Bassi a happy birthday.”
“Representative Washington, would you like us to read House Bill 1195? Mr. Clerk, would you read the Bill.”
“House Bill 1195, a Bill for an Act concerning transportation. Third Reading of this House Bill.” 09400021.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
Speaker Hannig: “The Gentleman from Lake, Representative Washington.”
“Thank you, Mr. Speaker. Mr. Speaker, House Bill 1195, this is the Bill that gives the Secretary of State Police inspector… those who inspect the auto shop the ability to see if a licensed auto shop is complying with the automo… Automotive Collision Repair Act. I was, also, last year House Sponsor of Automotive Collision Repair Act Bill from the 93rd General Assembly. And this Act gives the consumer greater protection when having an automobile repaired because the repair shop must disclose information regarding the repair parts and procedures. This Bill, House Bill 1195, assures the Secretary of State inspectors that the repair shop is following good business practices which ultimately protects the consumer and it would not cost any additional money. And I ask for favorable passage of this legislation. Thank you, Mr…”
“The Gentleman moves for passage of House Bill 1195. And on that question, the Gentleman from… the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, you said this was Secretary of State’s Bill?”
“I’m sorry, Sir. I didn’t hear you.”
“Did you say that you’re carrying this for the Secretary of State?” 09400021.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“No, Sir. I said that this Bill gives the Secretary of State Police inspectors who inspect auto shops the ability to see if a licensed auto shop is complying with the Automotive Collision Repair Act.”
“Where are they gonna get the money to put these inspectors on the street? Where… where that money gonna come from?”
“Sir, this does not involve any additional cost. This just adds another item on the checklist for those who already inspect auto repair shop to make sure that they are following good business practices which ultimately protects the consumer.”
“Well, how long do you think… That’s just gonna… they gonna turn to ‘em and say, ‘Is this good… good business practices’ and they say, ‘yes’. They check it off and move on.”
“No, Sir. You know, the inspector, the people who work for the Secretary of State have a greater responsibility than that. And I don’t… I can’t offer you, Representative, what exactly they do and don’t do. But I know they do have a series of checklists to make sure that the laws that we pass in this honorable place is respected and followed through by those in the automobile repair business.”
“I understand that. But again, it’s gonna take ‘em longer. Do they have the training for this?”
“No, Sir, there’s no training needed and no taking any longer. It’s just another item on a checklist which is 09400021.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 already in use and this gives them an additional item on that checklist to make sure that that business person is showing that they are able to repair the… repair a person… consumer’s automobile and that they are following good business practice and in doing so in terms…”
“But again, how do they know that?”
“…of disclosure and honesty.”
“They just simply… who do they ask? Or do they open the books and go through the books to see if it’s good business practice?”
“Well, I think there’s a degree…”
“Or do they check with complaints? How do they do this?”
“I think there…”
“It’s a nice thing to say that it’s a checklist…”
“I think there…”
“…but that doesn’t get the job done. You want more than that, don’t you?”
“I think there’s a simple degree of trust in dealing with this, Representative. Once again, this costs nothing. It is another item to ensure that the spirit and intent of any business that’s in the auto repair industry that they have shown proper disclosure to you or to me, anyone who’d have repaired their cars and that they are living to the letter of the law.”
“What happens if they find that it’s not good business practices? What do we do then?” 09400021.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Like any violation of law, I would think that there was a penalty and an assessment and that person would be notified of that violation and… and… and law… the law would go into process as it relates to that, whatever that violation is.” Parke: “Will there be fines? Are they gonna be fined? …Is… there… felony charges?”
“Well, Representative, I can’t… I can’t say… speak of felony charges. But, yes, there are fines already in place for certain business people who might not follow the letter of the State Law. So, I think that there’s no additional penalty involved other than violation of that particular law.”
“Ladies and Gentlemen, to the Bill. I understand what the Gentleman’s is trying to do. But again, I think this is just another layer of… on a checklist that has no teeth, that is… can be circumvented by… because the inspector may or may not have the ability to check. If he does have the ability… he or she has the ability, it means that they’re going to have to do some research. They’re gonna have to check and see if there are complaints. It’s an additional cost to the Secretary of State’s Office and I have a concern on the administration of this idea. I think that… the Sponsor is uncomfortable in trying to explain what happens if they find a penalty there. So, I think, this Bill needs more work, but I will let you decide. It’s on Third Reading. Thank you.” 09400021.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, I only have two questions about the Bill. 1) I… I’m… I’m incredulous that the Secretary of State’s Office did not put in a witness slip on this Bill when it was in committee. And I… I don’t know how to interpret that. They… were they in support? Were they in opposition? Were they neutral? Didn’t they care? I mean, it directly affects the office of the Secretary of State. I find it disconcerting that they filed no witness slip of any kind on this Bill when it was in committee.”
“Well, I think the absence of anything, Representative, will let you know that it’s clearly showed that they’re not opposed to the Bill. ‘Cause you know… I’m sure you know them much better than me, if they were opposed to it, you definitely would’ve saw it at some point in time. This is not a… a new idea. I passed a similar legislation at the 93rd General Assembly. Once again, there is no cost with this Bill. It only acts to give a consumer greater protection… greater protection when having an automobile repaired because the repair shop must disclose information regarding the repair parts and procedure. There is no cost factor at all with this Bill, so I assume the Secretary of State is comfortable with that.” 09400021.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Representative, I… I didn’t ask any question, nor did raise the issue of cost. That’s not my concern. My concern is this Bill directly impacts the Secretary of State’s Office. And yet, the Secretary of State who has legislative liaisons did not slip this Bill. They didn’t sign in in favor, in opposition, in neutral… I mean, I don’t understand that. Why would an agency of State Government on a Bill that has direct impact on their agency not go to committee meeting and sign a witness slip on a Bill? Was it an oversight?”
“Well, Mr. Cha… Representative, I don’t know how to answer that. I can’t tell you… I can only be accountable for what my intent and what I do. I don’t know why people do and don’t do. But I’m here to say that they’re not opposed to this Bill and maybe it’s because it doesn’t cost them anything. That could be. I don’t know. I’d leave it to your own conjecture.”
“Well, I just had staff call the Secretary of State. They’re neutral on the Bill.”
“Oh, okay. Thank you, Representative.”
“The… the point that I’m trying to make… Mr. Speaker, could we have some order in the chamber? This is but one point that many Legislators on both sides of the aisle would raise with state agencies. When we are debating Bills in committee, I would like to know why, particularly in the code departments, we are not getting any feedback from them on whether they support or oppose a Bill. That’s not the way it’s been done here in the majority of years 09400021.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 I’ve served. We… our staff calls, we don’t get ther… our calls returned. And so we debate Bills and we have no idea of whether the agency it impacts is in favor or opposition or neutral on the Bill. In this case, they’re neutral on the Bill. So, that… that’s fine. I’ve made my point. My… my second question, Representative, has to do with rebuilders. Now, I don’t know how you’re defining a ‘rebuilder’ in the Bill. The rebuilders that I’m familiar with take an automobile that’s not going to be returned to the consumer. They rebuild it, it’s given a salvage or rebuilt title and then they sell it to either a used car dealer or an individual. So, I don’t know why this… this Act would apply to rebuilders. I… I can understand why it might apply to a collision autobody repair shop. I don’t understand why it should apply to rebuilders.”
“Representative, I’m told that all of what you raise is defined in the Automobile Collision Repair Act.”
“Is a rebuilder…”
“I’m sorry. Would you repeat that?”
“Yeah. Is a rebuilder in the underlying definition dealing with a consumer’s automobile and re… will return that, the automobile when repaired, to the consumer?”
“Well, Representative, I understand your question. It’s simply stated that a repair and a rebuilder… to give extra protection to all of us who spend money with high cost items such as homes and automobiles that they must provide proof… they must provide proof that we’re getting the right bang for the buck and that they’re in compliant 09400021.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 with local and zoning laws and regulation. A lot of people, ya know, you got these minutemen repair that we know. In my community we would call them ‘jackleg’ repairs. I mean, they… they’re a way of savin’ money but sometime they don’t have the expertise for today’s vehicle and it can become quite costly. So this Bill, it gives the consumer just a… a greater protection. We’re re-empowering the consumer, that have an automobile repair or rebuilder must disclose the information that is pertinent to us, making good economic decision when repairing our automobile and the procedures. And I urge fav… favorable passage, being that the Secretary of State’s Office is neutral.”
“Well, Representative, in all due respect, a rebuilder generally does not deal with the ultimate… the… the original consumer. A rebuilder buys the automobile under a salvage title, rebuilds that automobile and then sells it with a rebuilt or salvage title. If anyone owns the automobile, it’s more likely than not the rebuilder. So the rebuilder has some idea of what it’s gonna cost to put this back in drivable condition but the risk is taken by the rebuilder. There generally is no consumer if you’re rebuilding a car that has been totaled. You’re not dealing with a consumer. You’re buying the car. You’re taking the risk. You’re rebuilding the car. SOS will then inspect the car and if it’s roadworthy will give you a salvage or rebuilt title. So, I don’t know why there… why a rebuilder is covered under this Act.” 09400021.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Representative, I think we both want the same thing and we’re going in the same direction. But I kinda beg to differ with you in respect to your longevity that a rebuilder is a consumer. Anytime there’s a bartering, a buy and take, give and take, one is consuming, one is taking, one is selling. So, I would beg to differ with you on that. But I would think any rebuilder, if that’s your issue, that that individual will be more than glad to make sure that there’s an extra check put to the fact that consumer protection is given greater empowerment to make sure that everything is done in a kosher type way and everything meets the specification of the state and the intent of this legislation and other legislation under the Automobile Collision Repair Act.”
“Thank you very much, Representative.”
“Thank you.”
“Mr. Speaker, to the Bill.”
“To the Bill.”
“If… if you take the rebuilders out of this Bill, I’d support it in a heartbeat. Rebuilders buy junk automobiles that have been written off. That’s what a rebuilder does. They purchase the automobile. They rebuild the automobile. They then apply for a rebuilt title or a salvage title from the Secretary of State and then they sell that car if the Secretary of State inspects the car and rules it roadworthy. Then the rebuilder sells the car and tries to recoup the costs that he or she has put into the car. A rebuilder should not be covered under this Act. They do 09400021.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 not deal with the owner of the car. They do not deal with somebody bringing in the car and they’re gonna fix it and sell it. A rebuilder buys a junk vehicle and as the name implies rebuilds that car, has it inspected and then sells the car. Rebuilders should not be under this Act. They are not part of the Collision Repair Act and I stand in opposition to putting a rebuilder under a portion of the Act that simply should not involve them. I stand in opposition as the way the Bill is written.”
Speaker Hannig: “The Gentleman from Dupage, Representative Meyer.”
“Thank you, Mr. Speaker. Would the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, I… the debate was somewhat confusing earlier on. It was very noisy in here. You couldn’t really determine what your… your response was but I… I picked up a couple of phrases from what you were talking about. Something about a checklist and… and good business practice. What… what was your point there?”
“Well, Representative, one of the gray areas is from time and time it may be very difficult to provide proof that the repairer…”
“Mr… Mr. Speaker, could we have some order? You just can’t hear anything.”
“…or the rebuilder applicant… I’m trying to answer you.”
Speaker Hannig: “Will we give the Gentlemen some order, please?” 09400021.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“I’m sorry about that.”
“Okay.”
“What I was sayin’, Representative, ya know, from time to time it may be very difficult to provide proof that the repairer or the rebuilder applicant complies with the requirements of the Automobile Collision Repair Act, especially if an individual who is starting a new business and does not have a history from which to pro… which to produce that proof. So, in essence, this Bill will assure, that the Secretary of State inspectors that we count on to go out and make sure the things are in order, that the repair shop is following good business practices whether they selling or buying which ultimately will empower and protect the consumer.”
“Is ‘good business practice’ defined in what you’re requiring them to checkoff?”
“Yes, Sir. I think so.”
“Well, how… how is it defined? I couldn’t see it in the Bill. I don’t know what the checkoff list looks…”
“Well, the…”
“…like but if it just sta… if the checkoff list just states, ‘follows good business practice’, I’m not so sure that there’s anything there that they can make that decision on. And is… is there gonna be uniformity between one inspector and the other in… the next inspector?”
“Well, Representative, in my infancy I’ve been told by the members of the Secretary of State Office and others who know a lot more about this subject matter than myself, 09400021.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 that when they go to different repair shop wherever they might be downstate, upstate, cross state, that they have a checklist that the… that inspector has that clearly gives them a guideline of the most pertinent, important item that they must exercise in engaging and seeing if that person is doing business in compliance with the automotive repair. And so, as… as a result, we found that there’s been some gray areas that could be tightened up. And to re-empower the consumer with greater strength of the Secretary of State being an extension of good consumer practices by making sure that those businesses, startup new businesses or businesses that exist, that they do have a history to produce proof that they’re in compliance with the Automotive Repair Act.”
“Well, I don’t have a problem of good consumer protection. But I do have a problem in making certain that when we pass a Bill here that becomes law, that we say offers good pos… consumer protection, that in fact, it actually offers that consumer re… the protection. And my concern is, how do you define as part of what you’re requiring that inspector to checkoff and say this firm is following good business practices when you don’t define what a good business practice is? You don’t define exactly what all those things that should be considered as a part of good practice is. Is it accounting? Is it making sure that there’s insurance in the… in the… for the business? Is it making sure that they pay all their worker comp premiums? What exactly do you mean by ‘good business 09400021.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 practice’? And what does that mean ultimately to the consumer and the consumer protection which you are hoping to… to provide?”
“Once again, Representative, I hate to sound redundant but I have to go back to my original statement to my other colleague that spoke before you, that the requirements that you’re in question about can be clearly defined in the Automobile… Collision Repair Act that is already in existence. And also, the Secretary of State Office I’m sure would be amenable to givin’ you any additional information that you require, being that we found out that they’re neutral.”
“Well, so far all we know is the Secretary of State’s Office is neutral to it. That doesn’t mean that they support it. It doesn’t mean that they’re opposed to it. They’re just neutral and say we recognize that you’ve introduced something. We’re not gonna oppose it but we’re not gonna support it either. And to me…”
“Well, I’d rather have it that way than the other way.”
“…if they were interested… if the Secretary of State’s Office was interested in this piece of legislation as good consumer protection, then I would believe that they would be out there on the forefront lead… leading the charge to have it passed. I… I would just encourage you to continue working on this Bill, but not to ask us to… to… to reach a decision today based on what is actually in the Bill as to whether it does, in fact, further consumer protection. 09400021.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Because, quite frankly, to the Bill. I do not believe that the Bill as it’s written today does further consumer protection. All it does is… is… is hold out a false sense of consumer protection to those that really need that protection and that is a consumer. I… I would just encourage the… the Representative to continue working on the Bill but not to ask us to vote on it today. Thank you.”
“But… but, Representative, let me… let me put something back to you. And this is not being cocky or being disrespectful to your opinion ‘cause I respect your opinion. Well, Representative, the question comes to me now, being that I’ve already stated there is no cost, being we’ve already answered the question that the Secretary of State is not against it nor for it. Neutral means exactly neutral, either the or there, yes or no. Being that we know those factors, what is it exactly that you are… are your real concerns with this Bill? If it empowers the consumer which all of us here are consumers, and even with the example that was prior given about those repairs, they too are consumers. In a world of bartering, you’re… everybody is a consumer. So, I guess it’s like beauty’s in the eye of the beholder and how you measure that. So, being that we really had small, seemingly insignificant point, what is your major point that has not come across clear to me as to what is the… the tug-of-war about here? I don’t understand that.” 09400021.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Certainly. And… and… when you… when you have a checkoff list that says that something has been accomplished or something is in comformance then you have to identify exactly what you’re talking about. Are you talking about all the bolts and screws are put back on that automobile? Are you talking… that it’s gonna last a hundred thousand miles? Are you talking about whether the… the business follows good accounting practices? I… I see as part of the… part of the checkoff… part of the requirement would be to provide a… a written estimate, which I think is good and I… I don’t know anyone that would deal without a written estimate at this point. But how are you gonna define ‘consumer protection’? That’s my problem and I don’t think that you’ve done it here. And certainly, if you’re gonna hold out that hope to the consumer that you’re protecting them then I think that you have to define how you are protecting them, how far that protection goes. Because you’re asking somebody from the Secretary of State’s Office to sign off by checking that box and making a signature on that… inspection statement that they, in fact, are in agreement that everything that was supposed to be provided by that facility has been provided. And… and that… that’s my… my… my main concern with this. I don’t have a problem with consumer protection and if you actually do offer it, I… I think it’s good. I think this is ambiguous as it’s written and you need further work on it…”
“Hold on. Mr. Speaker, can we get some order? I can…” 09400021.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“…that’s all I’m saying.”
“What?”
“…hardly hear the Representative’s comment.”
“Rep… Why don’t we move on and I’ll give you a chance to close at… at the end.”
“Okay. Representative…”
“Representative…”
“Thank you.”
“The Gentleman from St. Clair, Representative Holbrook.”
“Thank you, Speaker. To the Bill. I’ve had several contacts over this from the association. They have asked for me to support this Bill and I do plan to vote for it. In one case, it was one of my local operators. He felt that the SOS had come in and defined a little clearer on what his sales tax applied or didn’t apply, he would’ve got out of a tax situation where he overpaid the state about $50 thousand. All I know is is that the Alliance is for it, some of my local folks are for it and SOS says that they’re neutral. So, on that basis, I’m gonna be voting for this Bill and I know in my area it would’ve probably helped a couple of my small-owner/operators that maybe didn’t exactly understand exactly what they needed to do. So, with that, I stand in support of the Bill.”
“And now Representative Washington to close.”
“Thank you, Mr. Speaker. In… I ask for a… a supportive passage of this legislation. If you read through the language of it, it clearly said it deals with 09400021.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 automotive repair and rebuilders through the Secretary of State’s Office, doesn’t cost ‘em anything. No money involved. It’s nonpartisan. All of us are consumers. All of us know somebody that had a nightmare with auto repair. This will provide that the applicant provide proof of compliance with all of the requirements of the Automotive Collision Repair Act including the display of required signs, the use of statements to authorize repair, and the provision of written estimates. Thank you.”
“The Gentleman has moved for passage of House Bill 1195. And now the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Wait, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 92 voting ‘yes’ and 21 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1316.”
“House Bill 1316, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
“Representative McCarthy.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1316 is an initiative of the Secretary of State’s Office and they did file three proponent slips in committee. And it amends the Illinois Vehicle Code basically to increase the fines for people who fraudulently either use placards for disabled parking or 09400021.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 the people who park in these spots illegally. One of the new provisions is that they also on the increase of the fines have stipulations so that half the fines will go to the municipality that issues the ticket in order to give them a little bit more initiative in order to more briskly enforce these violations. This is a problem that continues on and on. In my hometown of Orland Park, we’ve had two stings in the last 10 months and in a matter of hours had over a hundred violations one time and in a matter… the next sting operation had approximately 70. So, I think it’s something that we need to address. People who shouldn’t be using these placards should be fined. And I’d appreciate a positive support.”
“The Gentleman moves for passage of House Bill 1316. Is there any discussion? Then the que… the Gentleman from Cook, Representative Osterman.”
“Mr. Speaker. Representative McCarthy, you have been walking with a cane and crutch the last couple of weeks. It’s not true that you have disability plates, is it?”
“It is absolutely not true.”
“Okay.”
“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? Representative Winters and Representative Lyons, would you like to be recorded, Gentlemen? Mr. Clerk, take the record. On this question, there are 111 voting ‘yes’ and 2 09400021.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Holbrook, for what reason do you rise?”
“Thank you, Speaker. Point of personal privilege. I’d like to announce in the gallery today, we have the Madison Middle School Student Council, right over here. Let’s give ‘em a good General Assembly welcome.”
Speaker Hannig: “Welcome to Springfield. Representative Collins. Representative Collins, would you like us to read House Bill 1321? Mr. Clerk, read the Bill.”
“House Bill 1321, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“The Lady from Cook, Representative Collins.”
“Thank you, Mr. Speaker. This is House Bill 1321. It just gives the Attorney General the right to oversee the… the utilities, the gas. We… they already see the electricity and the… and the… electricity. So, we just givin‘em their power to oversee it.”
“The Lady moves for passage of House Bill 1321. 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? Representative… Representative Jerry Mitchell, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Black. The Gentleman is… 09400021.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Representative Black, would you like us to read your two Bills? Mr. Clerk, read House Bill 1323.”
“House Bill 1323, a Bill for an Act concerning local government. Third Reading of this House Bill.”
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. House Bill 1323 would allow a county conservation district to raise the competitive bid requirement threshold from the current $10 thousand to $20 thousand. Conservation districts, there are only five of them in the state. They’re in Boone, Vermilion, McHenry, Putnam and Macon County. Be glad to answer any questions you have.”
“The Gentleman has moved for passage of House Bill 1323. 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? Representative Monique Davis, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 79 voting ‘yes’, 34 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 1324.”
“House Bill 1324, a Bill for an Act concerning education. Third Reading of this House Bill.” 09400021.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Representative Black. Representative Black, you’re on a roll here. House Bill 1324. The Clerk’s read the Bill; we’re ready to go.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1324 was called to my attention by the superintendent of an elementary school district. Under the current School Code, a high school district can place a deactivation question on a ballot and then the people will vote on that issue as to whether or not they want to deactivate their high school. In rural areas where financing and enrollment are becoming more and more of a problem, an elementary school district may want to look into deactivation. They found that the School Code does not allow for an elementary school district to place a referendum question of deactivation on the ballot. What this Bill does is simply to treat elementary school districts the same as we allow high schools and high school districts under current State Law. Be glad to answer any questions you have.”
“The Gentleman has moved for passage of House Bill 1324. 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? Representative Nekritz, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared 09400021.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 passed. Representative Mathias, would you like us to read 1333? Mr. Clerk, would you read the Bill.”
“House Bill 1333, a Bill for an Act concerning local government. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Lake, Representative Mathias.”
“Thank you, Mr. Speaker. Under current law, no adult entertainment facility can be within 3 thousand feet of specified buildings such as schools or daycares, facilities. What I’m basically doing is adding residence to that Bill and also allowing the state’s attorneys to create… to go to court to obtain an injunction to stop these facilities from operating. And it gives the county authority to regulate and fine these facilities. And I ask for your ‘aye’ vote.”
“The Gentleman has moved for passage of House Bill 1333. 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? Representative Bailey, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1334.”
“House Bill 1334, a Bill for an Act concerning transportation. Third Reading of this House Bill.” 09400021.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
Speaker Hannig: “The Gentleman from DuPage, Representative Millner.”
“Thank you, Mr. Speaker. House Bill 1334 provides that specified vehicles used exclusively for the transportation of mixing of concrete are allowed specified weights on specified numbers in configuration of axles. This does not increase the gross weight on the vehicle and this is the identical Bill that passed this House unanimously last year.”
“The Gentleman has moved for passage of House Bill 1334. 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? Representative Biggins, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’ and 2 voting ‘no’ and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative McAuliffe, would you like us to read 1377? Mr. Clerk, would you read Bill.”
“House Bill 1377, a Bill for an Act in relation to vehicles. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative McAuliffe.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We passed a similar or the same Bill 2 years ago. This would provide an issuance for an expectant mother parking device to a pregnant woman whose mobility’s been 09400021.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 limited by her condition. Be subject to rules adopt… be… adopted by the Secretary of State. IDOT would come up with its own sign and I’d be happy to answer any questions.”
“The Gentleman has moved for passage of House Bill 1377. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor… excuse me, the Lady from Cook, Representative Howard, do you have a question on the Bill?”
“Thank you, Mr. Speaker. I just had some questions of the Sponsor, if he…”
“Yes, the Sponsor will yield.”
“…would yield.”
“He indicates he’ll yield.”
“Thank you. I’m a little bit confused about this. Are you… are you saying that there’d be additional spaces for expectant women other than those that are already designated for disabilities?”
“No, Representative. It would be up to… for instance, it’d be up to the businesses if they wanted to put a parking spot there for expectant mothers. You couldn’t park in a disabled person’s lot if you had an expectant mother parking device. So, it’s up to the businesses that would wanna… if they choose to have a sign saying ‘Expectant Mother Parking Only’. Some businesses are doing that now, but it’s unenforceable because there’s no statute on the books.” 09400021.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Mr. Speaker, I’m having a very difficult time hearing. Mr. Speaker. Mr. Speaker, I’m having a difficult time hearing.”
“Okay. Could we have some order, please.”
“Mr. McAuliffe, I’m sorry I missed much of what you said. I’m asking, the spaces that are now designated for disability, would those spaces be those that you’ve also designated for a person who is expecting?”
“No. No, not at all. And if a business did not want to have an expectant mother parking spot designated, they wouldn’t have to do it. Some businesses today have signs up there, but there’s no laws on the book to make it enforceable. So, it’s up to, ya know, each department store or whatever stores wanted to do it. But you couldn’t park in the disabled handicap spot if you had an expectant mother’s parking device. You could only park that in the sign that would be designated that the Secretary of State would provide.”
“But you know, Representative McAuliffe, I think it would be a good idea for pregnant women to park in those spaces. And I don’t know whether or not they can get the disabled or handicap permits, why wouldn’t… why wouldn’t a person who is expecting be considered, at least temporarily, disabled?”
“I don’t know if they would fall under the qualifications of being permanently or… or partially disabled…”
“Temporarily.” 09400021.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“…temporarily. There’s other states right now in the nation that have these signs. I don’t want to take away from the disabled. I just want to add, if they want just one spot or two like maybe at Woodfield Mall, they may wanna put up a couple of parking spots in addition to their handicap signs just for pregnant women only. It would be up to the businesses to decide if their clientele… if this is needed or warranted and then they could probably advertise that and I think it’d be a good idea for most businesses.”
“I appreciate your response. Thank you.”
“Thank you.”
Speaker Hannig: “The Gentleman from Bond, Representative Stephens.”
“Just quickly, Mr. Speaker. As I understand this Bill… or to the… Will the Gentleman yield?”
“He indicates he’ll yield.”
“As I understand this Bill, a business will voluntarily create a parking spot for expectant mothers.”
“Exactly.”
“And if they… once they’ve done that, in order to prevent anyone else from… that’s not an expectant mother from parking in that spot, this Bill will make it enforceable…”
“Exactly. I mean…”
“So, there’s… it’s voluntary by the business.”
“It’s… exactly…”
“So, it’s not a mandate on local business.” 09400021.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Nope, not at all.”
“Local schools are not mandated to create these.”
“No.”
“No one is mandated to create the spot.”
“No.”
“But if they so which… wish, this will give it some teeth to prevent others from abusing that space.”
“Yes. There are…”
“It’s a good legislation.”
“Thank you. There’s some businesses here down in Springfield they have those signs but anyone can pull up. It’s unenforceable.”
Speaker Hannig: “The Gentleman from Lake, Representative Washington.”
“Mr. Speaker, will the Sponsor yield?”
“Yes, he indicates he’ll yield.”
“I know we talked about it in committee. So, the retailer or the person where the parking would be available is this… are they gonna take some of the existing disabled parking and make it dedicated to pregnant mother? Because I don’t think anyone of us in here ever went to any place where all of the disabled parking is totally filled at the same time. And I know we… we talked about it in a respectful way that sometime those that are not disabled, you can’t get easy access sometime on days we’re not feeling the best, too. So, are they talkin’ about maybe cutting back on some of the already existing handicap 09400021.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 parking being it’s never full at one time and just putting a sign in front for pregnant mothers?”
“No. Representative, it doesn’t say anything in the Bill about taking away. And my intention would be not to take handicap parking spots away. This would just be in addition to ‘em.”
“The… the State of Illinois would have to make up these signs though, right?”
“Right. They’d have… IDOT would have to make up a sign. Right now, there’s no uniform sign that I’m aware of in Illinois as far as the enforcement of that. Just like maybe 10 years ago or so when we came up with the handicap designation sign. The Secretary of State will be able to pick whatever color they want, hoping it would be a different color so people wouldn’t get mixed up with a… with the handicap parking.”
“What would… what would be the cost to the state, Representative? I’m sorry, I can’t hear you, but what would be the cost the state since the state have the responsibility of creating the signs?”
“I don’t… I don’t think they’d have to manufacture the sign. They would just have to come up with a code of the sign. And then, I think, the local businesses would… would buy a sign in coordination with whatever IDOT would come up with so we have one uniform sign, not two or three different ones. The cost would probably be to the placards that the Secretary of State would issue. And if someone would lose one or destroy one or it got stolen, they’d have 09400021.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 to pay another fee just like you do for a handicap placard license plate.”
“So, the local retailer would purchase the signs from the state?”
“That… that’s what I would… that’s what I believe, yes.”
“So, there… the cost… there is no cost to the state. It is absorbed by the local retailer on a voluntary basis if they wanna adopt.”
“Correct.”
“Okay. So… so that lead me back to the other question. So, did you get any feeling by chance from anybody that being that the number of spaces already designated for handicap might be used… used for this? Would that be any difference in cost with that?”
“No… no, I don’t think… I think, Representative, if there’d be like three handicap spots, I would think that they would only have one spot for expectant mothers. And maybe at some of the malls they might have maybe two or three or have ‘em located in different areas of the mall entrances. And the same for maybe some of the pharmacies in… in the area, too; they may just have one. I don’t think you’ll see more than one except maybe in a mall where there’s a sizeable parking lot that fits thousands of cars.”
“My last comment. Ya know, I… for some reason in certain retailers, I’ve already seen signs that are already there for expecting… mothers who are expecting. And I 09400021.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 don’t know if that’s been done on a volunteer basis. I know at the Kmart in Waukegan, they already have a couple of spots with actual signs that says for… for pregnant mothers. So, I didn’t know if you were aware that something like this is already been done, evidently, based on another type of a need.”
“I… I’ve seen that, Representative, in other spots but the pro… I mean, it’s… it’s a good idea for them to do it, but anyone… anyone can park in that spot. So, you’re not guilty of a crime, you’re just maybe being guilty or being ignorant or too lazy.”
“All right. Thank you, Representative.”
“Thank you.”
“The Gentleman from Winnebago, Representative Jefferson.”
“Thank you, Mr. Speaker. Sponsor yield?”
“He indicates he’ll yield.”
“Thank you, Representative. Just a couple questions you might already have answered the questions but I can’t… have a hard time hearing. You’re going to propose these proposed parking slots for pregnant females.”
“Um hmm.”
“Who makes the determination whether or not they’re pregnant? Do they get something from the doctor saying they’re pregnant?”
“Yeah, Representative, just like if you would go to a… to a doctor to get a temporary placard, you would hafta do the same thing. A doctor would hafta fill out… you 09400021.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 know, the proper paperwork identifying that the woman is… is expectant. So, that’s a procedure you’d have to fo… follow through and then send it into the Secretary of State’s Office.”
“An individual female comes along, don’t know that she has to get this from her doctor and sees this sign and she’s expectin’ and parks in this slot, there’s no penalty?”
“I’m sorry, Representative.”
“An individual female that is pregnant doesn’t know that she has to get this permit from her doctor… this agreement… this okay from her doctor, sees a sign, parks in this slot, what happens then?”
“Well, everybody would still have to have that placard. And on there, there would be, I think a little bit more onto the sign than is what currently’s out there now that’s generic. You would have this sign saying, ‘Expectant Mother Only’, and there would be a fine there underneath there. If you didn’t… if you didn’t have a placard, you couldn’t park there.”
“So, this is actually an enforcement fine, is what you’re saying?”
“Yes.”
“Who enforces that?”
“Right now, it would be the police, just like the police can go and ticket you if you’re parking at a handicap… handicap parking spot only.” 09400021.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“I… I don’t know. I feel it’s a very noble effort. I just think it maybe it’s creating… it’s opening up a can of worms to say that who can park there and who can’t. And the expectant mothers that don’t know that they have to go to their doctors and to get these permits and they park there and they are expectant, who’s to say whether or not they’re… they’re in penalty of a crime or they’re committing a crime.”
“Representative, I would say then after getting a ticket and if that person or that woman went to court and probably pro… proved or got a placard later on, I would think that maybe the court would look upon that favorably.”
“I would hope so. Thank you, Representative.”
“The Lady from Cook, Representative Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, there was some concern here over the fact that you would be classifying pregnant women as disabled or… ya know, and we wanna make sure that if we’re voting for your Bill, we’re not changing classification. Women have… women have fought for the ability to keep their job while they’re pregnant, do other things while they’re pregnant. So, we don’t wanna change that classification by voting for your Bill. What we understand you’re doing is just trying to reserve spaces that some businesses have kindly reserved that are being used by other people…”
“Um hmm.” 09400021.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“…but you’d like to keep them just for pregnant women. And probably the only pregnant women that will use them are women that are really having a problem or are extremely encumbered by size.”
“Right. I believe… again, Representative, it’s up to the businesses. And usually, an expectant mother you can visualize around Christmastime or even in July…”
“Right.”
“…usually, they may have another baby with them or young… youngster and they’re trying to go in and out, running back and forth and I think it’s convenient if they can park a little bit closer and someone like myself I can park way in the back.”
“Right. Okay, and so, either that and this is not a forecast of any events to come in your life, I’m hoping or not at this point anyway. But we just wanted to make sure that it’s not changing the status that women have fought for to be able to continue to keep their jobs and do whatever by voting for this Bill.”
“Right. Thank you.”
“The Lady from Cook, Representative Monique Davis.” Davis, M.: “First of all, I have a very important question.”
“Yes.” Davis, M.: “Is anybody on this legislation with you who is now or ever has been pregnant?”
“No, Ma’am.” 09400021.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Davis, M.: “Therefore, may I assure you that pregnancy is not an illness.”
“I… I totally agree with you, Representative. The reason I was… I’m passing this Bill is to help people that may need it. Now, remember, an expectant mother may say, I don’t need a privileged parking spot…” Davis, M.: “Oh no, she… if she saw it…”
“…I’ll go park wherever I want.” Davis, M.: “…she would grab it and so would I. Some of us may even be able to pass.”
“Ah… no comment on that, Representative.” Davis, M.: “You know, I know that this is serious for you for some reason, but I really feel that a person who is expecting a child, she needs exercise, she should walk. The doctor usually recommends it. And if she’s on bed rest, she won’t even be out there. I do not like, Representative, the continual reasons to punish innocent citizens. Now, part of your Bill said, if someone parks in a pregnant woman’s place, they’re fined a hundred dollars. Well, sometimes in Chicago, Representative, you have to walk quite a distance from the parking lot to the store you’re going to. And believe me, it’s not always safe.”
“Again, Representative, some of the… it’s up to the businesses that would wanna use these. I don’t know if… if… if it’d be like…” Davis, M.: “Can… what’s the purpose…”
“…a smaller parking lot of ten…” Davis, M.: “Can I ask you what the genesis of this Bill is?” 09400021.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“It’s just something I believe in. I think… I think as myself and lot of citizens that we need to help other people. And again, we live… we live here in the State of Illinois, in the summertime, in the wintertime, a lot of times women are on the run. They’re… ya know, they’re going along and they’re pregnant and they wanna find a better parking spot or something closer. If a business wants to have it, why shouldn’t we put a law on the books to make it enforceable? We could drive right out to CF… CVS Pharmacy and park in that lot. I could do that now and the only crime I’d be guilty of is being ignorant and not caring. And I don’t think that’s right. There’s other states… in the… other states in the United States that already have this Bill. So, that’s where I got the idea from.” Davis, M.: “Do you think that a pregnant woman could use a handicap spot maybe?”
“No.” Davis, M.: “They can’t use a handicap spot?”
“No.” Davis, M.: “Well, that’s good ‘cause they’re really not handicap.”
“No.” Davis, M.: “Right?”
“Exactly.” Davis, M.: “You know, we have pregnant women who go to work every day. They go to their jobs right up until maybe a month, sometimes even closer to delivery.” 09400021.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Um hmm.” Davis, M.: “And I’m gonna tell ya what my fear is and you tell me why you don’t think this might happen. My fear is that once again, we’re gonna have additional assigned spots that are vacant. Now, I appreciate the handicap spots ‘cause you have people in wheelchairs, you have senior citizens who actually because of emphysema or another illness cannot walk a great distance. But I fear a larger number of spots that will really be vacant. And I don’t know why anyone would take a pregnant woman’s spot, but you want to fine her $100. Now, I don’t know if you read recently about what happens in Chicago, about someone’s car being taken and towed and charged an exorbitant amount of money to get it back. Is this gonna feed into that system?”
“I don’t think so, Representative. And again, like I had thoughts just like what you’re thinking. If a business, does not think… maybe someone… they sell auto supply store… auto supply store, maybe they don’t feel there’s a need for it. I’m not saying that they have to have a pregnant parking spot, it’s up to them.” Davis, M.: “Wait a minute. I would like to know, on what measure would you prove the pregnancy of a woman?”
“Again… Representative, they would have to go to a doctor and the doctor would have to fill out a form just like you do if you want to get a temporary placard, handicap… placard.” Davis, M.: “She’d have to go to the doctor and get a slip that says she’s pregnant and hang it on her car?” 09400021.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“No, no, no. It’s just the same way, like if you apply for a handicap placard. You go to the doctor, you write down your disability or ask your doctor. He signs it and you send it in to the Secretary of State. That’s what you do now. That’s what you do under this Bill to say that you’re an expectant mother.” Davis, M.: “To the Bill.”
“Um hmm.”
“To the Bill.” Davis, M.: “Mr. Speaker, I do believe the Sponsor has perhaps the greatest intentions in the world. And being a police officer, I think, he knows it’s important that those of us who are not police officers realize we could be ticketed and towed for many reasons. We could be ticketed and towed for parking in a no parking sign, by a bus stop, by a fire station, handicap location, too close to a school building. Now, we’re gonna add, you can’t park in a pregnant woman’s spot. Representative and to the General Assembly, the only place that I believe a pregnant woman should have exceptional rights is going to the emergency room of a hospital. And with all due respect to you, Representative, I just don’t wanna add another burden to the American or the Illinois taxpayer… Illinois taxpayer of a hundred dollars ‘cause he or she accidentally parks in a pregnant woman, who’s not even there, spot. I urge a ‘no’ vote.”
Speaker Hannig: “The Gentleman from Cook, Representative Delgado.” 09400021.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Thank you, Mr. Speaker. I move the previous question.”
“The Gentleman moves the previous question. The question is, ‘Shall the main question be put?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The main question is put. Representative McAuliffe to close.”
“Thank you.”
“To close.”
“Thank you. This Bill did pass unanimously through the House 2 years ago. It was stalled in the Senate. And I just ask for a ‘aye’ vote. And one remark to the Representative, I am not a police officer. My father was, but policemen, especially in Chicago, are the finest and they make up a big part of my district. So, thank you and I urge an ‘aye’ vote.”
“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 Jakobsson? Mr. Clerk. Mr. Clerk, take the record. On this question, there are 106 voting ‘yes’, 3 voting ‘no’ and 4 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1386 for Representative Hoffman.”
“House Bill 1386, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Madison, Representative Hoffman.” 09400021.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1386 is an initiative of the Illinois Department of Transportation and is supported by organizations such as people who… who own concrete trucks and other larger trucks. The reason this is important legislation is currently, if you have an overweight truck like a pump truck that pumps concrete, every morning that you go out that you’re going to go and you’re gonna work at worksite, you have to call for a permit from the Illinois Department of Transportation. This says that you can get and pay for a permit on a quarterly or an annual basis as opposed to calling every morning in order to… in order to transport the trucks.”
“The Gentleman has moved for passage of House Bill 1386. 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 112 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1387.”
“House Bill 1387, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
“Representative McCarthy.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1387 is an initiative of the Illinois Department of Transportation. We approved it in the 09400021.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Transportation Committee 27-0-0. And it basically adopts some of the federal motor carrier safety regulations and puts them into the Illinois Vehicle Code. These are… are parts that have to do with drug and alcohol and controlled substances testing, training requirements, financial responsibility and transportation of hazardous materials. There was no opposition. We did have two proponent slips and testimony by the Illinois Department of Transportation. And I’d appreci… your support.”
“The Gentleman has moved for passage of House Bill 1387. 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? Representative Scully, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 111 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lang, do you have a Motion that you wish to make to table a Bill?”
“Thank you, Mr. Speaker. I would move to table House Bill 185.”
“The Gentleman moves to table House Bill 185. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. Motion’s adopted. The Bill is tabled. Representative Jones on House Bill 913. Representative Jones, do you wish to table 913? The Lady moves to table House Bill 913. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. 09400021.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 The Motion’s adopted and the Bill is tabled. Representative Scully, do you rise to make a Motion? Representative Scully. You… you rise to make a Motion?”
“Yes, Mr. Speaker. The Motion I ask is the posting requirement be waived so that we can have subject matter hearings at the Electric Utility Oversight Committee on Wednesday morning for the purpose of discussing a tariff increase to… that we anticipate is gonna be filed by Commonwealth Edison at 9:00. And also, Ameren.”
“You’ve heard the Gentleman’s Motion. Is there any discussion? The Gentleman from Morgan, Representative Watson? On… not on this, okay. So, you’ve heard the Gentleman’s Motion. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. The posting requirements are waived. And now, Representative Watson, for what reason do you rise?”
“Thank you, Mr. Speaker. I move to table House Bill 318, 318.”
Speaker Hannig: “And you’re… and are you the principal Sponsor?”
“Yes, Sir.”
“Okay. So, the Gentleman moves to table House Bill 318. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. Motion’s adopted, the Bill is tabled. So, the plan for the afternoon is that we’ll now go to the… Representative Davis, Will Davis, for a presentation on Black History. Then, we’ll go to the Order of Second 09400021.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Reading. So, at this time Representative Davis is recognized.” Davis, W.: “Thank you, Mr. Speaker. As… as you know, Members of the Black Caucus, every Session they have been standing up, giving their thoughts on Black History and speaking about individuals who are significant to Black History, not only in the State of Illinois but throughout the country and today happens to be my day. And I’d like to give a short speech on Joycelyn Elders who was our first African- American Surgeon General here in the United States. In 1993, Joycelyn Elders became the first African-American Surgeon General of the United States. Joycelyn Elders was born Minnie Lee Jones in rural Arkansas on August 13 of 1933. She and her seven siblings worked in cotton fields with their sharecropper parents. When she was 15, Elders won a scholarship to Philander Smith College, an all black school in Little Rock, Arkansas, where she earned a bachelor’s degree in 1952 and she entered the Army where she studied physical therapy. She then enrolled in the University of Arkansas Medical School and received a doctorate degree in 1960, one of three minority students to do so. She, also, married Oliver Elders that year. She served as chief pediatric resident at the University of Arkansas Medical Center. She continued her education, receiving a masters in biochemistry from the University of Arkansas Medical School in 1967. Ms. Elders became an expert in pediatric diabetes and accepted a facility post at the University of Arkansas Medical School in 1971. In 09400021.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 1987, Governor Bill Clinton appointed Elders to be director of the Arkansas Department of Health. Her accomplishments in this position included a ten-fold increase in the number of early childhood screenings annually and almost a doubling of immunization rates for 2 years… for two-year- olds. In 1992, she was elected President of the Association of State and Territorial Health Officers. She was first… she was the first African American to serve in that position. As director, Elders continued to target teenage pregnancy. The Boston Globe quoted Elders as describing a poor teenager with a baby ‘as captive to a slavery the 13th Amendment did not anticipate.’ With the incidences of sexually transmitted diseases and AIDS on the rise, Elders recognized the need… the urgent need to bolster the government involvement and inte… and intense public education campaign. While serving as U.S. Surgeon General, she was a strong advocate for health education including sex education in schools. Elders argu… argued for universal health coverage and was a spokesperson for President Clinton’s health care reform effort. After resigning from the United… after resigning as United States Surgeon General, Elders returned to the University of Arkansas as a faculty researcher and professor of pediatric endocrinology at the Arkansas Children’s Hospital. Thank you, Mr. Speaker.”
“Thank you, Representative. Now, we’re going to go to page 2 of the Calendar, House Bills-Second Reading. We’ll go to those Bills where we know that 09400021.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 there’s not an Amendment that’s pending in Rules or there’s no notes that are filed. Bills that we believe could be ready to move to Third. So the first Bill will be House Bill 23, Representative Jerry Mitchell. Representative Mitchell. Okay. How about Representative Lang on House Bill 60? Mr. Clerk, read the Bill.”
“House Bill 60, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Lang, has been approved for consideration.”
“Representative Lang.”
“Thank you. I… I just want to make… this Amendment is out of Rules but I’m not sure it’s listed on the Calendar. If we’re good to go, I’m prepared to go. Is it on the Supplemental Calendar?”
“Okay. So, I’m advised by the parliamentarian that we can move forward with the Amendment, Representative Lang.”
“All right. Thank you. The… the Amendment is simple. It makes the entire Bill subject to appropriation. I would ask your support on the Amendment.”
“The Gentleman has moved for the adoption of Floor Amendment #1. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Representative… Representative Feigenholtz are you prepared on House Bill 112? Out of the 09400021.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 record. Representative Bost on 136? Out of the record. Representative Collins on House Bill 166. Representative Collins, would you like us to read this Bill on Second Reading? Yes. Okay. Mr. Clerk, read the Bill. Okay. Representative Collins, there’s actually an Amendment in Rules. Would you like us to wait for the Amendment? Okay. Okay. So, let’s take it out of the record. Representative Watson on House Bill 172. Mr. Clerk, read the Bill.”
“House Bill 172, a Bill for an Act concerning children. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Leitch on House Bill 179. Out of the record. Representative Delgado on House Bill 202. Mr. Clerk, read the Bill. No. Okay. Out of the record. Rep… Representative Bassi on House Bill 227. Mr. Clerk, read the Bill.”
“House Bill 227, a Bill for an act in relation to public employee benefits. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Bassi, has been approved for consideration.”
“Representative Bassi.”
“Thank you, Mr. Speaker. This Amendment allows one individual who has retired since we started working on this Bill, to be eligible for the same benefits as the other people there. And I ask for it’s admission.” 09400021.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Okay. The Lady has moved for the adoption of Floor Amendment #1. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Representative Lyons, would you like us to read House Bill 232? Out of the record. Representative Brady on 245. Would you like us to read that Bill? Read the Bill, Mr. Clerk.”
“House Bill 245, a Bill for an Act concerning sexually dangerous persons. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Watson on House Bill 264. Would you like us to move that from Second to Third? House Bill 264. Would you like us to move it from Second to Third?”
“We… it’s on Second. We did introduce an Amendment… we have an Amendment filed.”
“Okay. So, we’ll… we’ll take that out of the record. Representative Reis on House Bill 340. Okay. Mr. Clerk, read the Bill.”
“House Bill 340, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Joyce on House Bill 350. Okay. Let’s take that out of the record. 09400021.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Representative Rose on House Bill 361. Representative Rose, Chapin Rose, would you like us to move that? Out of the record. 363? 368? Okay. Out of the record. Representative Colvin on House Bill 381. Mr. Clerk, read the Bill.”
“House Bill 381, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Soto on House Bill 382. Mr. Clerk, read the Bill. Okay. Representative Soto, I’ve been advised there’s a request on… there’s a note request on 382. So, the Bill’ll have to remain on Second Reading. You can get the details from the Clerk. Representative Davis on House Bill 383, Monique Davis. Would you like us to move that Bill? The Amendment’s out of Rules. So, Mr. Clerk, read the Bill.”
“House Bill 383, a Bill for an Act establishing the Amistad Commission. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Monique Davis, has been approved for consideration.
“Representative Davis.” Davis, M.: “Thank you, Mr. Speaker. House Amendment 1 is an Amendment that was requested by the Members of the committee. They wanted to have an appointment on the commission made by both the Minority Leader in the Senate, the Minority Leader in the House. We, also, wanted to 09400021.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 limit any reimbursement that may become necessary for travel and meals. So, this Amendment limits any reimbursement to all the rules of the Governor’s Travel Control Board. I urge an ‘aye’ vote or accept the…”
“The Lady… the Lady moves for the adoption of Floor Amendment #1. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Representative Eddy on House Bill 402. Okay. Representative Joyce, then, on House Bill 451. Mr. Clerk, read the Bill.”
“House Bill 451, a Bill for an Act concerning business. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. And House Bill 452. Out of the record. Representative Biggins on House Bill 457. Do you want us to move that to Third Reading? Okay. Mr. Clerk, read the Bill.”
“House Bill 457, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions fi… no Motions filed.”
“Third Reading. Representative Eddy has… is the Gentleman in the chamber? Okay. Let’s move on down the list to Representative Bradley. Representative John Bradley on House Bill 480. Mr. Clerk… Do you want us to read that? Okay. Out of the record. Rep… Representative 09400021.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Mautino on House Bill 500. Would you like us to read the Bill? I’m advised the Amendment’s out of Rules. Okay. Mr. Clerk, read the Bill.”
“House Bill 500, a Bill for an Act concerning insurance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mautino, has been approved for consideration.”
“Representative Mautino.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 was agreed to in committee and discussed there. The Consumer Choice Benefit Act and it states that this will apply not to group plans but to only to individual coverage. So, it’s a comfort Amendment for some of the groups that had concerns and wanted to make sure that the Bill impacted only individuals.”
Speaker Hannig: “Okay. The Gentleman has moved for the adoption of Floor Amendment #1. Is there any discussion? All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Representative Giles shall we read 527? Mr. Clerk, read the Bill.”
“House Bill 527, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09400021.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Third Reading. And Representative Moffit on House Bill 593. Mr. Clerk, read the Bill.”
“House Bill 593, a Bill for an Act concerning veterans. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Moffitt, has been approved for consideration.”
“Representative Moffitt.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 removes all opposition to this Bill. And this Bill is really to pr… to help our soldiers that’ve been called to active duty but had been offered a job. In committee, we had quite a bit of discussion and with this Amendment it… it clears up any questions. There’s no opposition and I’d move the adoption of the Amendment.”
“The Gentleman has moved for the adoption of the Floor Amendment #1. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Representative Reis would you like us to move House Bill 610? Out of the record. Representative Chapa LaVia on House Bill 676. Out of the record. Representative Black on House Bill 708. Representative Black, would you like us to move that Bill? Mr. Clerk, read the Bill.”
“House Bill 708, a Bill for an Act concerning transportation. Second Reading of this House Bill. No 09400021.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Feigenholtz on 763. Mr. Clerk, read the Bill.”
“House Bill 763, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Hannig: “Third Reading. Representative Sullivan on 782. Out of the record. On page 6 of the Calendar, House Bill 785. Representative Soto. Mr. Clerk, read the Bill.”
“House Bill 785, a Bill for an Act concerning child support. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Hannig: “Third Reading. House Bill 805, Representative Bradley. Would you like us to read the Bill? Okay. Out of the record. How about 806? Mr. Clerk, read the Bill.” Clerk Bolin: “House Bill 806, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Hannig: “Third Reading. House Bill 816, Representatives Beiser. Mr. Clerk, read the Bill.” Clerk Bolin: “House Bill 816, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No 09400021.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. House Bill 875, Representative Saviano? Okay. Out of the record. Representative Gordon, would you like us read House Bill 880? Mr. Clerk, read the Bill.”
“House Bill 880, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Millner… okay. Mr. Clerk, read the House Bill 884.”
“House Bill 884, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Mendoza, shall we read 885? Mr. Clerk, read the Bill.”
“House Bill 885, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Mr. Black on House Bill 887. Mr. Clerk, read the Bill.”
“House Bill 887, a Bill for an Act concerning driving offenses. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09400021.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Third Reading. And Representative Black on 888. Mr. Clerk, read the Bill.”
“House Bill 888, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. House Bill 893. Mr. Clerk, read the Bill.”
“House Bill 893, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. House Bill 907, Representative Colvin on 907. Out of the record. Representative Phelps on 936. Out of the record. 991, Representative Graham. Out of the record. Rep… Representative Wait. Mr. Clerk, read House Bill 997.”
“House Bill 997, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. And Representative Hoffman on House Bill 1059. Mr. Clerk, read the Bill.”
“House Bill 1059, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09400021.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
Speaker Hannig: “Third Reading. House Bill 1088, Representative Mathias, would you like us to read the Bill? Mr. Clerk, read the Bill.”
“House Bill 1088, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Jakobsson on 1125. Mr. Clerk, read the Bill.”
“House Bill 1125, a Bill for an Act concerning elections. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. House Bill 1151. Mr. Clerk, read the Bill.”
“House Bill 1151, a Bill for an Act concerning conviction information. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Hannig: “Third Reading. House Bill 1161, Representative Dugan? Okay. Out of the record. Representative Fritchey. Mr. Clerk, read the House Bill 1173.”
“House Bill 1173, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09400021.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Third Reading. Representative Verschoore on 1182. Mr. Clerk, read the Bill.”
“House Bill 1182, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. And 1184. Out of the record. Representative Soto on 1283. Mr. Clerk, read the Bill.”
“House Bill 1283, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. And House Bill 1339. Mr. Clerk, read the Bill.”
“House Bill 1339, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Now on page 8 of the Calendar, House Bill 1344. Mr. Clerk, read the Bill.”
“House Bill 1344, a Bill for an Act concerning business. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Hannig: “Third Reading. House Bill 1351, Representative Graham. Out of the record. Representative Lyons on House Bill 1358. Mr. Clerk, read the Bill.”
“House Bill 1358, a Bill for an Act concerning transportation. Second Reading of this House Bill. No 09400021.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Hannig: “Third Reading. Representative Mautino on 1486. Mr. Clerk, read the Bill.”
“House Bill 1486, a Bill for an Act concerning wildlife. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Will Davis on House Bill 1508. Representative Davis, would you like us to read 1508? Out of the record. Representative D’Amico o n 1555. Out of the record. Representative Hoffman on 1562. Mr. Clerk, read the Bill.”
“House Bill 1562, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Hannig: “Third Reading. House Bill 1575, Representative Mitchell. 1575, from Second to Third. Mr. Clerk, read the Bill.”
“House Bill 1575, a Bill for an Act concerning agriculture. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Hannig: “Third Reading. House Bill 1597, Representative Black. Representative Black. Mr. Clerk, read the Bill.” 09400021.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“House Bill 1597, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Black, for what reason do you rise?”
“Mr. Speaker, I apologize. Will you move… keep House Bill 1597 on Second Reading. There has to be an Amendment and I forgot.”
“Okay. Mr. Clerk, would you return House Bill 1597 to the Order of Second Reading at the request of the Sponsor.”
“Thank… thank you very much, Mr. Speaker. May I be recognized for a brief point of personal privilege?”
“Well, certainly Representative Black.”
“I just wanna congratulate Assistant Clerk, Mr. Bolin. I think he’s done an excellent job today. I haven’t heard his lovely voice for far too long in this chamber. I just think he’s done a wonderful job today.”
“Thank you, Representative Black. Returning to page 5 of the Calendar is House Bill 611. Mr. Clerk, would you read the Bill?”
“House Bill 611, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Howard, has been approved for consideration.”
“Representative Howard.” 09400021.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“Yes, thank you, Mr. Speaker. Floor Amendment #1 is in reply to a promise I made to the committee that I would bring the Bill or I would bring an Amendment that had to do with the… that at least address the concerns of the Department of Corrections. House Amendment #1 requires the Bill only to apply to adults. Also, the Amendment requires that 100 percent enrollment be the case in GED programs, whereas the original Bill required a hundred percent of prisoners to receive GED certificates. Furthermore, the Bill deletes several references to high school diploma because prisoners can earn GEDs and not high school diplomas.”
“Okay. The Lady has moved for the adoption of Floor Amendment #1. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Back on page 4 of the Calendar is House Bill 402. Representative Eddy, would you… Mr. Clerk, read the Bill.”
“House Bill 402, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. House Bill 404. Mr. Clerk, read the Bill.” 09400021.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005
“House Bill 404, a Bill for an Act concerning schools. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. House Bill 472. Out of the record. 474. Out of the record. On page 8 of the Calendar is House Bill 330. Mr. Clerk, what’s the status of that Bill?”
“House Bill 330 is on the Order of House Bills- Third Reading.”
“Return that to the Order of Second Reading at the request of the Sponsor. Mr. Clerk, would you read the Agreed Resolutions.”
Clerk Bolin: “Agreed Resolutions. House Resolution 150, offered by Representative Saviano.”
“Representative Currie moves for the adoption of the Agreed Resolution. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Agreed Resolution is adopted. Mr. Clerk, would you read the Adjournment Resolution.”
Clerk Bolin: “Senate Joint Resolution #25, offered by Representative Currie. RESOLVED, BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, February 24, 2005, the Senate stands adjourned until Friday, February 25, 2005, in Perfunctory Session; and when it adjourns on that day, it stands adjourned until Tuesday, March 01, 2005, at 12:00 noon; and the House of 09400021.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Representatives stands adjourned until Friday, February 25, 2005, at 1:00 p.m., and when it adjourns on that day, it stands adjourned until Monday, February 28, 2005, in Perfunctory Session; and when it adjourns on that day, it stands adjourned until Tuesday, March 01, 2005.”
“Representative Currie moves for the adoption of the Adjournment Resolution. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Adjournment Resolution is adopted. Are there any announcements? Okay. Then Representative Currie moves, that allowing perfunctory time for the Clerk, that the House stands adjourned until Tuesday, March 1 at the hour of 12 noon. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Motion is adopted and the House stands adjourned.”
“The House Perfunctory Session will come to order. First Reading and introduction of House Bills. House Bill 3681, offered by Representative Giles, a Bill for an Act concerning education. House Bill 3682, offered by Representative Kosel, a Bill for an Act in relation to public employee benefits. House Bill 3683, offered by Representative Giles, a Bill for an Act concerning education. House Bill 3684, offered by Representative Jim Meyer, a Bill for an Act concerning regulation. House Bill 3685, offered by Representative Winters, a Bill for an Act regarding school buses. House Bill 3686, offered by Representative McCarthy, a Bill for an Act concerning education. House Bill 3687, offered by Representative Smith, a Bill for an Act concerning safety. House Bill 09400021.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 3688, offered by Representative Giles, a Bill for an Act concerning education. House Bill 3689, offered by Representative Lang, a Bill for an Act concerning insurance. House Bill 3690, offered by Representative Burke, a Bill for an Act concerning safety. House Bill 3691, offered by Representative Giles, a Bill for an Act concerning education. House Bill 3692, offered by Representative Reitz, a Bill for an Act concerning State Government. House Bill 3693, offered by Representative Smith, a Bill for an Act concerning education. House Bill 3694, offered by Representative McAuliffe, a Bill for an Act concerning local government. House Bill 3695, offered by Representative Saviano, a Bill for an Act concerning health. House Bill 3696, offered by Representative Saviano, a Bill for an Act concerning regulation. House Bill 3697, offered by Representative Saviano, a Bill for an Act concerning local government. House Bill 3698, offered by Representative JimMeyer, a Bill for an Act to increase the availability and facilitate the delivery of venture capital to emerging and expanding enterprises in the State of Illinois. House Bill 3699, offered by Representative Daniels, a Bill for an Act concerning redistricting. House Bill 3700, offered by Representative Jim Meyer, a Bill for an Act concerning child support. House Bill 3701, offered by Representative Saviano, a Bill for an Act concerning wildlife. House Bill 3702, offered by Representative Saviano, a Bill for an Act concerning fish. House Bill 3703, offered by Representative Moffitt, a Bill for an Act 09400021.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 concerning animals. House Bill 3704, offered by Representative Moffitt, a Bill for an Act concerning warehouses. House Bill 3705, offered by Representative Moffitt, a Bill for an Act concerning wildlife. House Bill 3706, offered by Representative Moffitt, a Bill for an Act concerning animals. House Bill 3707, offered by Representative Moffitt, a Bill for an Act concerning fish. House Bill 3708, offered by Representative Moffitt, a Bill for an Act concerning State Government. House Bill 3709, offered by Representative Moffitt, a Bill for an Act concerning State Government. House Bill 3710, offered by Representative Moffitt, a Bill for an Act concerning civil law. House Bill 3711, offered by Representative Bill Mitchell, a Bill for an Act concerning employment. House Bill 3712, offered by Representative Moffitt, a Bill for an Act concerning animals. House Bill 3713, offered by Representative Jim Meyer, a Bill for an Act concerning domestic violence. House Bill 3714, offered by Representative Jim Meyer, a Bill for an Act making appropriations. House Bill 3715, offered by Representative Lindner, a Bill for an Act making appropriations. House Bill 3716, offered by Representative Daniels, a Bill for an Act making appropriations. House Bill 3717, offered by Representative Daniels, a Bill for an Act concerning employment. House Bill 3718, offered by Representative Daniels, a Bill for an Act making appropriations. House Bill 3719, offered by Representative Daniels, a Bill for an Act concerning regulation. House Bill 3720, offered by 09400021.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Representative Lyons, Eileen, a Bill for an Act concerning education. House Bill 3721, offered by Representative Pihos, a Bill for an Act concerning State Government. House Bill 3722, offered by Representative Brady, a Bill for an Act regarding education. House Bill 3723, offered by Representative Brady, a Bill for an Act concerning education. House Bill 3724, offered by Representative Jenisch, a Bill for an Act concerning higher education. House Bill 3725, offered by Representative Pritchard, a Bill for an Act regarding taxation. House Bill 3726, offered by Representative Franks, a Bill for an Act concerning public transportation. House Bill 3727, offered by Representative Flowers, a Bill for an Act to create the Illinois Innocence Commission. House Bill 3728, offered by Representative Hoffman, a Bill for an Act in relation to budget implementation. House Bill 3729, offered by Representative Hoffman, a Bill for an Act in relation to budget implementation. House Bill 3730, offered by Representative Hoffman, a Bill for an Act in relation to budget implementation. House Bill 3731, offered by Representative Hoffman, a Bill for an Act in relation to budget implementation. House Bill 3732, offered by Representative Hoffman, a Bill for an Act in relation to budget implementation. House Bill 3733, offered by Representative Hoffman, a Bill for an Act in relation to budget implementation. House Bill 3734, offered by Representative McKeon, a Bill for an Act concerning employment. House Bill 3735, offered by Representative 09400021.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 McKeon, a Bill for an Act concerning peace officers. House Bill 3736, offered by Representative McKeon, a Bill for an Act concerning local government. House Bill 3737, offered by Representative McKeon, a Bill for an Act concerning labor relations. House Bill 3738, offered by Representative Molaro, a Bill for an Act in relation to vehicles. House Bill 3739, offered by Representative Molaro, a Bill for an Act concerning public employee benefits. House Bill 3740, offered by Representative Molaro, a Bill for an Act concerning public employee benefits. House Bill 3741, offered by Representative Hultgren, a Bill for an Act concerning human rights. House Bill 3742, offered by Representative Jones, a Bill for an Act concerning government. House Bill 3743, offered by Representative Mulligan, a Bill for an Act concerning security. House Bill 3744, offered by Representative Turner, a Bill for an Act concerning utilities. House Bill 3745, offered by Representative Pihos, a Bill for an Act concerning education. House Bill 3746, offered by Representative Granberg, a Bill for an Act concerning special districts. House Bill 3747, offered by Representative Joyce, a Bill for an Act concerning privatization. House Bill 3748, offered by Representative Jim Meyer, a Bill for an Act concerning revenue. House Bill 3749, offered by Representative Saviano, a Bill for an Act concerning civil law. House Bill 3750, offered by Representative Currie, a Bill for an Act concerning revenue. House Bill 3751, offered by Representative 09400021.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Hoffman, a Bill for an Act concerning State Government. House Bill 3752, offered by Representative Mendoza, a Bill for an Act concerning employment. House Bill 3753, offered by Representative Verschoore, a Bill for an Act concerning gaming. House Bill 3754, offered by Representative Verschoore, a Bill for an Act concerning gaming. House Bill 3755, offered by Representative McGuire, a Bill for an Act concerning regulation. House Bill 3756, offered by Representative Saviano, a Bill for an Act concerning. House Bill 3757, offered by Representative Moffitt, a Bill for an Act concerning the Fire Truck Revolving Loan Program. House Bill 3758, offered by Representative Mendoza, a Bill for an Act concerning transportation. House Bill 3759, offered by Representative Flider, a Bill for an Act concerning criminal law. House Bill 3760, offered by Speaker Madigan, a Bill for an Act concerning parks and recreation. House Bill 3761, offered by Representative Madigan, a Bill for an Act concerning public libraries. House Bill 3762, offered by Representative Mathias, a Bill for an Act in relation to transportation. House Bill 3763, offered by Representative Turner, a Bill for an Act concerning revenue. House Bill 3764, offered by Representative Smith, a Bill for an Act in relation to public employee benefits. House Bill 3765, offered by Representative Smith, a Bill for an Act in relation to public employee benefits. House Bill 3766, offered by Representative Mautino, a Bill for an Act in relation to Public Aid. House Bill 3767, offered by Representative 09400021.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Ryg, a Bill for an Act concerning business transactions. House Bill 3768, offered by Representative Ryg, a Bill for an Act concerning taxes. House Bill 3769, offered by Representative Mitchell, Bill, a Bill for an Act concerning taxes. House Bill 3770, offered by Representative Beiser, a Bill for an Act concerning State Government. House Bill 3771, offered by Representative Delgado, a Bill for an Act concerning health. House Bill 3772, offered by Representative Sacia, a Bill for an Act concerning tourism. House Bill 3773, offered by Representative Sacia, a Bill for an Act concerning revenue. House Bill 3774, offered by Representative Brauer, a Bill for an Act concerning State Government. House Bill 3775, offered by Representative Millner, a Bill for an Act concerning local government. House Bill 3776, offered by Representative Brosnahan, a Bill for an Act concerning appropriations. House Bill 3777, offered by Representative Brosnahan, a Bill for an Act concerning health facilities. House Bill 3778, offered by Representative Patterson, a Bill for an Act concerning public aid. House Bill 3779, offered by Representative Churchill, a Bill for an Act concerning regulation. House Bill 3780, offered by Representative Brosnahan, a Bill for an Act concerning local government. House Bill 3781, offered by Representative Jefferson, a Bill for an Act concerning finance. House Bill 3782, offered by Representative Jefferson, a Bill for an Act concerning education. House Bill 3783, offered by Representative Jefferson, a Bill for an Act concerning unemployment 09400021.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 insurance. House Bill 3784, offered by Representative Black, a Bill for an Act concerning regulation. House Bill 3785, offered by Representative Saviano, a Bill for an Act concerning animals. House Bill 3786, offered by Representative Eddy, a Bill for an Act concerning agriculture. House Bill 3787, offered by Representative Mathias, a Bill for an Act concerning animals. House Bill 3788, offered by Representative Krause, a Bill for an Act concerning regulation. House Bill 3789, offered by Representative Schock, a Bill for an Act concerning education. House Bill 3790, offered by Representative Schock, a Bill for an Act concerning aging. House Bill 3791, offered by Representative Schock, a Bill for an Act concerning criminal law. House Bill 3792, offered by Representative Schock, a Bill for an Act concerning veterans. House Bill 3793, offered by Representative Phelps, a Bill for an Act concerning inmate suits. House Bill 3794, offered by Representative Schock, a Bill for an Act concerning Public Aid. House Bill 3795, offered by Representative Phelps, a Bill for an Act concerning State Government. House Bill 3796, offered by Representative Phelps, a Bill for an Act concerning government. House Bill 3797, offered by Representative Phelps, a Bill for an Act concerning education. House Bill 3798, offered by Representative Phelps, a Bill for an Act concerning animals. House Bill 3799, offered by Representative Poe, a Bill for an Act concerning State Government. House Bill 3800, offered by Representative Kelly, a Bill for an Act 09400021.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 concerning the Metropolitan Water Reclamation District. House Bill 3801, offered by Representative Kelly, a Bill for an Act concerning education. House Bill 3802, offered by Representative Davis, Monique, a Bill for an Act concerning education. House Bill 3803, offered by Representative Mautino, a Bill for an Act concerning regulation. House Bill 3804, offered by Representative Mathias, a Bill for an Act concerning civil law. House Bill 3805, offered by Representative Brauer, a Bill for an Act concerning environmental protection. House Bill 3806, offered by Representative Schmitz, a Bill for an Act concerning criminal law. House Bill 3807, offered by Representative Miller, a Bill for an Act making appropriations. House Bill 3808, offered by Representative Miller, a Bill for an Act concerning business. House Bill 3809, offered by Representative Boland, a Bill for an Act concerning public employee benefits. House Bill 3810, offered by Representative Meyer, a Bill for an Act concerning safety. House Bill 3811, offered by Representative Fritchey, a Bill for an Act concerning civil liabilities. House Bill 3812, offered by Representative Hamos, a Bill for an Act in relation to health. House Bill 3813, offered by Representative Hamos, a Bill for an Act concerning housing. House Bill 3814, offered by Representative Sacia, a Bill for an Act concerning transportation. House Bill 3815, offered by Representative Cross, a Bill for an Act concerning State Government. House Bill 3816, offered by Representative Pihos, a Bill 09400021.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 for an Act concerning transportation. House Bill 3817, offered by Representative Myers, a Bill for an Act concerning criminal law. House Bill 3818, offered by Representative Cultra, a Bill for an Act concerning liquor. House Bill 3819, offered by Representative Jenisch, a Bill for an Act concerning health care. House Bill 3820, offered by Representative McAuliffe, a Bill for an Act concerning aging. House Bill 3821, offered by Representative McCarthy, a Bill for an Act concerning education. House Bill 3822, offered by Representative Colvin, a Bill for an Act concerning education. House Bill 3823, offered by Representative Colvin, a Bill for an Act concerning State Government. House Bill 3824, offered by Representative Colvin, a Bill for an Act concerning revenue. House Bill 3825, offered by Representative McAuliffe, a Bill for an Act concerning criminal law. House Bill 3826, offered by Representative Schock, a Bill for an Act concerning regulation. House Bill 3827, offered by Representative Nekritz, a Bill for an Act concerning revenue. House Bill 3828, offered by Representative Nekritz, a Bill for an Act in relation to transportation. House Bill 3829, offered by Representative Soto, a Bill for an Act concerning education. House Bill 3830, offered by Representative Hoffman, a Bill for an Act concerning employment. House Bill 3831, offered by Representative Dugan, a Bill for an Act concerning local government. House Bill 3832, offered by Representative Hoffman, a Bill for an Act concerning public employees. House Bill 3833, 09400021.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 offered by Representative Tenhouse, a Bill for an Act concerning appropriations. House Bill 3834, offered by Representative Osmond, a Bill for an Act concerning regulation. House Bill 3835, offered by Representative Myers, a Bill for an Act concerning procurement. House Bill 3836, offered by Representative Hassert, a Bill for an Act concerning criminal law. House Bill 3837, offered by Representative Rose, a Bill for an Act concerning employment. House Bill 3838, offered by Representative Richard Bradley, a Bill for an Act in relation to public employee benefits. House Bill 3839, offered by Representative Howard, a Bill for an Act concerning vehicles. House Bill 3840, offered by Representative Howard, a Bill for an Act concerning utilities. House Bill 3841, offered by Representative Phelps, a Bill for an Act concerning finance. House Bill 3842, offered by Representative Burke, a Bill for an Act concerning State Government. House Bill 3843, offered by Representative Brady, a Bill for an Act concerning local government. House Bill 3844, offered by Representative Durkin… House Bill 3844, offered by Representative Dunkin, a Bill for an Act concerning revenue. House Bill 3845, offered by Representative Munson, a Bill for an Act concerning education. First Reading and introduction of Senate Bills. Senate Bill 100, offered by Representative Bassi, a Bill for an Act concerning criminal law. Senate Bill 104, offered by Representatives Froehlich, a Bill for an Act concerning criminal law. First Reading of these Senate 09400021.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 2/25/2005 Bills. House Bill 3756, a Bill for an Act concerning finance. First Reading of Senate Bills. Senate Bill 22, offered by Representative Black, a Bill for an Act concerning local government. There being no further business, the House Perfunctory Session will stand adjourned.” 09400021.doc 88