“The hour of 12:00 having come, the House will be in order. Will the Members 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 for the Pledge of Allegiance. We’ll be led in prayer today by Lee Crawford, the Assistant Pastor of the Victory Temple Church in Springfield, Illinois.”
“Let us pray. Most precious Father who art in heaven hallowed to be Your name. For it is Your name that is sovereign, Your name that is righteous. It is Your name that is holy. May Your kingdom come. May Your divine will and not ours be done, on earth even as it is done in heaven. This day, Father, I pray that You would order all of our steps in Your word, for it is precious, that is Your word. That is Your word that is a lamp unto our feet and it is a light unto our paths. We pray this day, Father, for Your direction. We pray this day for Your strength that we may be able to do that which is good and that which is the perfect will of God. This we ask in this… in Your Son’s name. Amen.”
Speaker Hannig: “And we’ll be led in the Pledge today by Representative Naomi Jakobsson.”
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Hannig: “Roll Call for Attendance. Representative Lang.” 09400033.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Thank you, Mr. Speaker. Democratic excused absences today includes Representative Boland, Currie, McKeon, Scully, and Washington.”
“Representative Bost.”
“Thank you, Mr. Speaker. Let the record reflect that the Republicans excused are Representative Rose and Mulligan.”
“Representative Bost, for what reason do you rise?”
“Ye… yes, Mr. Speaker, the record should also reflect that Representative Froehlich is excused today as well.”
“Okay. Okay. Mr. Clerk, take the record. There are 109 Members answering a Ro… the Roll Call, a quorum is present. On page 10 of the Calendar, on the Order of House Bills-Second Reading, is House Bill 1080. Mr. Clerk, would you read the Bill.”
"House Bill 1080, a Bill for an Act concerning economic development. Second Reading of this House Bill.”
“Okay.”
"Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Let’s… let’s take that out of the record at the request of the Sponsor. Representatives… Okay. Representative Bradley, did you wish to move that to Third? Okay. Mr. Clerk, you’ve read House Bill 1080, is that correct, a second time? So, let’s move that to the Order of Third Reading. On page 30 of the Calendar is House Bill 1469. Representative Chavez, would you like it? It’s on Third Reading. Would you like us to read that Bill? You 09400033.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 wanna return it to the Order of Second Reading? Okay. Mr. Clerk, return that to the Order of Second Reading at the request of the Sponsor. Also, on page 30 of the Calendar is House Bill 1397. Is Representative Collins in the chamber? Okay. Let’s… let’s take that out of the record. Representative Dugan, would you like us to proceed on House Bill 2077? That’s on page 30 of the Calendar. Mr. Clerk, read the Bill.”
"House Bill 2077, a Bill for an Act concerning…”
“Mr. Clerk.”
"…criminal law. Third Reading of this House Bill.”
“Mr. Clerk, we went… we want House Bill 2077.”
"House Bill 2077, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“Representative Dugan.”
"Thank you, Speaker, Members of the House. House Bill 2077 addresses an issue concerning child sex offenders and loitering, and being within 500 foot of a school. This was brought to me by a constituent in my district. And it brought to light a loophole, probably in the law. I think when the law was made that sex offenders, child sex offenders, could not be within 500 foot of a school. There seems to be nothing, though, that keeps a sex offender from being on private property within 500 foot of a school. And so, this particular piece of legislation what it does is it changes and takes out ‘loitering on a public way’. And then therefore because they can now, as I said, be next to 09400033.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 a school, within 500 foot of a school, as long as they’re off the sidewalk and on private property. So it… it takes out ‘public way’. So that means anywhere within 500 foot of a school. It also broadens the definition of ‘loiter’. And the Bill adds to the definition of ‘loitering, entering or remaining in a building in or around school property other than the offender’s residence.’ Again, like I said, this Bill was brought to our attention. It is, I believe, a loophole in the law to keep child… convicted child sex offenders. They don’t need to register even if they are within 300 foot of a school or 500 foot of a school. They can be anywhere as long as they don’t live there. So this is to address that and I’ll answer any questions.”
“Okay. The Lady has moved for the passage of House Bill 2077. It’s on the Order of Short Debate. And in response, Representative Parke is recognized.”
“Thank you, Mr. Speaker. Good morning.”
“Good morning.”
“It’s good afternoon. Good afternoon, it’s nice to be here. I have a question of the Sponsor.”
“Okay. The Lady will yield.”
“She yields. Good afternoon. I have a question.”
"Sure.”
“It says here within 500 feet. Is there… What happens if they find, under your Bill becomes law, they find somebody 500 feet. Is it first offense, second offense? What happens to that person? What is the penalties involved in saying you can’t be there, what happens?” 09400033.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"They… the law enforcement can ask them to leave the area. Right… right now, the way it’s written, even if… if they’re on private property the… and the police officers are called because the sex offender’s within 500 foot, there’s nothing they can legally do. Now they can tell them that they need to leave.”
“Well, he leaves and comes back. What happens then?”
"Well, I’m going to assume that it will… he’s on probation, usually sex offenders are on probation. And now, of course, if they move within 500 foot they’re breaking probation and breaking the law.”
“Well, so they tell ‘em to leave again. Isn’t there any penalties in here?”
"The penalties, I’m assuming, Representative, would be the same penalties that apply when a sex offender moves within and has a residence within 500 foot.”
“So, we’re gonna apply the same penalties. Well, I hope that there is no… that there is some penalty that can be applied to this person because we’ve had in my legislative district some problems with sex offenders who can come and go, and they’re told to leave, they… they are not prosecuted. It’s difficult to prosecute them. So, I’m very concerned. Plus, what if they live within… they… they move… somebody… they have a sister that has a home, how do you prove whether or not that person’s there? Can they visit the relative that’s within that home, which may be 500 under your legislation or is it your intent there’s no 09400033.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 exceptions at all, even to visit relatives or to stay overnight or… or anything like that?”
"It’s my intent that there is no exceptions at all.”
“Okay.”
"I mean, they cannot be there during the school hours. So, within 500 foot they couldn’t even visit family.”
“Okay. So, it’s… your legislation will apply the same laws and I don’t think that this is a problem. You’re closing a loophole that obviously somebody’s brought to your attention, law enforcement, or some service agency, so I don’t think there’s a problem with your legislation, Representative.”
"Thank you, Representative.”
“Okay. Representative Dugan to close.”
"Yes, again, I would just like to make sure… I’m sure that this is something that we’re all concerned about as far as child sex offenders being close to and have access to the children especially in a school. So it is just to close a loophole, to make sure that child sex offenders are not allowed near school properties and near our children, to protect the children. Thank you very much. And 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 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, 09400033.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 is hereby declared passed. On page 7 of the Calendar is House Bill 780. Representative Flider, do you wish us to read that Bill on Second Reading? Mr. Clerk, read the Bill.”
"House Bill 780, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Flider, has been approved for consideration.”
Speaker Hannig: “The Gentleman from Macon, Representative Flider.”
"Yes. Thank you, Mr. Speaker. This legislation, House Bill 780, relates to Internet theft and stolen property on the Internet. And Amendment #1, which was approved by Rules and recommended to be adopted, effectively eliminates a redundancy in the language. And I would encourage the House’s support of the Amendment.”
Speaker Hannig: “Okay. On the Amendment, 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. On page 30 of the Calendar, under the Order of House Bills-Third Reading, is House Bill 1427. Representative Biggins, do you wish us to call that Bill? Mr. Clerk, would you read the Bill.”
"House Bill 1427, a Bill for an Act concerning revenue. Third Reading of this House Bill.” 09400033.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Representative Biggins.”
“I’ll be with you in just a second. I’m clearing my throat, Mr. Speaker. Maybe you could… could you give me another five… a minute or two here…”
“Do you want us to come back? Why don’t I… why don’t we take this…”
“No, I. Yes, I could… I’m ready now, Sir.”
“Okay. Go ahead.”
“House Bill 1427 e… involves submitting bills to the township board of trustees for work done, incurred by the supervisor of assessments for work done within jurisdictions within the county. And it’s an initiative that allows the supervisor of assessments’ office to be compensated for costs incurred in assessing various parts of the county as previously agreed to. I’d be happy to answer any questions that any of the Members may have.”
“Okay. The Gentleman has moved for passage of House Bill 1427. This is on the Order of Short Debate. Does anyone stand in response? 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 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 28 of the Calendar is House Bill 255. Representative Flowers, do you wish us to read that Bill? Mr. Clerk, read… Okay. Out of the record at the request of the 09400033.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Sponsor. On page 29 in the Calendar is House Bill 1041 for Representative Franks. Mr. Clerk, read the Bill.”
"House Bill 1041, a Bill for an Act in relation to taxes. Third Reading of this House Bill.”
“Representative Franks.”
“Thank you, Mr. Speaker. I believe this Bill’s quite appropriate for Election Day ‘cause it deals with many of the referendums that will be on the ballots throughout our state today. I’ve had help putting this Bill together by Representative Tryon as well as Representative Sullivan and Representative Reitz. And what we’re trying to do with this Bill is whenever there’s a ballot… a referendum question on the ballot, what we’re gonna now require is how much the referendum will affect the owner of a home work… worth a hundred thousand dollars. And it’ll also say exactly what the proposed rate increase will be for. I think it’s a good Bill because it gives our taxpayers and our voters a lot more information and they’ll also know exactly how much, or an estimate, not exactly, but a very close estimate as how much it will affect their taxes. I’d be glad to answer any question.”
“Okay. The Gentleman has moved for passage of House Bill 1041. It’s on the Order of Short Debate. Representative Tryon, why don’t you close on the Bill for us?”
"Thank you, Mr. Speaker. Certainly, this is an opportunity for Representative Franks and I to introduce a piece of legislation that will provide truth in taxation 09400033.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 for individual voters as they go into the voter booth to make a decision on whether to approve our rate increase or a referendum. We also have a companion Bill that will be presented, hopefully, in the next week that will allow only a… a unit of government to extend the rate that wa… was approved. So, this is about, I believe getting… giving the voters the right information on what it’s gonna cost them on their home. It’s something that is good policy, good government. And I urge, along with Representative Franks, your support in approving this Bill.”
“So, the question is, 'Shall House Bill 1041 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr… Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Okay. On page 30 of the Calendar is House Bill 1191. Representative Gordon, would you wish us to read that Bill? Mr. Clerk, read the Bill.”
"House Bill 1191, a Bill for an Act concerning mun… municipalities. Third Reading of this House Bill.”
“Representative Gordon.”
"Thank you, Mr. Speaker. Ladies and Gentlemen, House Bill 1191 extends the TIF district that is currently in place in Gardner, Illinois, which is located in Grundy County. There’s absolutely no opposition to this Bill. Everyone submitted their letters, the school districts, the 09400033.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 county, the fire protection districts. And I would ask for your ‘aye’ vote. It would be a… a true help for the economic development in Grundy County. Thank you.”
“The Lady has moved for passage of House Bill 1191. This is on the Order of Short Debate. Does anyone stand in response? 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 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 30 of the Calendar is House Bill 1336. Representative Coulson, do you wish us to read that Bill? Mr. Clerk, read the Bill.”
"House Bill 1336, a Bill for an Act concerning education. Third Reading of this House Bill.”
“Representative Coulson.”
“Thank you, Mr. Speaker. House Bill 1336 makes changes to the current character education policy and existing state board policy. It updates existing provisions requiring teachers to teach honesty, kindness, justice, discipline, and respect for others, and moral courage. And there’s no fiscal impact to this. And the… I can answer any questions.”
“The Lady has moved for passage of House Bill 1336. It’s on the Order of Short Debate. Does anyone stand in opposition? Then the question is, 'Shall this 09400033.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 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 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 29 in the Calendar is House Bill 991. Mr. Clerk, read the Bill. 991.”
"House Bill 991, a Bill for an Act concerning health. Third Reading of this House Bill.”
“The Lady from Cook, Representative Graham.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 991 is a Bill that language was drafted… we adopted the School Bill language to allow children to take inhalers to camps and medication that… that would assist them if they had an allergic food reaction. I’ll take any questions.”
“The Lady has moved for passage of House Bill 991. It’s on the Order of Short Debate. Does anyone stand in opposition? 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 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 30 of the Calendar is House Bill 2344. Representative Hamos, do you wish us to read that Bill? Okay. The Lady’s 09400033.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 stepped out of the chamber, so let’s move to hou… on page 30… let’s take that out of the record. And on page 31 of the Calendar is House Bill 3416. Representative Eddy. Mr. Clerk, read the Bill.”
"House Bill 3416, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“Representative Eddy.”
"Thank you very much, Mr. Speaker. This Bill is very much like an earlier Bill we heard today regarding cleanup language and making sure that child sex offenders cannot be knowingly present or loiter, loiter being the keyword, this time within 500 feet of daycare facilities. And I’d be happy to answer any questions.”
“The Gentleman has moved for passage of House Bill 3416. It’s on the Order of Short Debate. Does anyone stand in opposition? 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… Representative Flowers, do you wish to be recorded? Mr. Clerk… Representative Pihos, do you wish to be recorded? Okay. Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 2344.”
"House Bill 2344, a Bill for an Act concerning State Government. Third Reading of this House Bill.” 09400033.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Representative Hamo(sic-Hamos).”
“Thank you, Speaker, Ladies and Gentlemen. This is a companion Bill to a Bill that we passed in our last week here, 2343, which if you remember provides that ambulatory surgical treatment centers along with hospitals will se… will send certain quality data to the Illinois Department of Public Health and we will then create a consumer website that allows consumer to make… consumers to make choices about their health care. This Bill, 2344, allows the Department of Public Health to charge entities that would like to use that data, raw aggregate data, for a different kind of research purposes. And this is not in any way going to violate anyone’s confidentiality. That is written into the Bill that this is aggregate data without disclosing anyone’s identity. And I seek your support.”
“The Lady moves for the passage of House Bill 2344. It’s on the Order of Short Debate. And in response, Representative Stephens.”
“Thank you. Will the Lady yield?”
“She indicates she'll yield."
“Thank you. Representative, are there any fee increases involved in this Bill?”
“Yes. There is potentially a fee increase. But again, it’s selling something to… from the state and recouping the expenses from those entities that want to buy it.”
“I… I’m not questioning the merits…”
“Yes. But there is a fee increase.”
“…of the fee increase. I just wanted to…” 09400033.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“There is a potential fee increase.”
“…maybe make a highlight. Some of our Members…”
“Yes.”
“…just don’t like fee increases…”
“Thank you.”
“…in spite of the worthiness of the legislation.”
“Thank you.”
“Thank you.”
Speaker Hannig: “Is there any further discussion? Then Representative Hamos to close.”
“Again, Ladies and Gentlemen, this is really good government. It also would help offset the cost of providing the website. So, it’s a way for us to recoup some of the expenses with… with this kind of information and I seek your support. Thank you.”
“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? Have all voted who wish? Mr. Clerk… Representative Flowers and Younge, do you wish to be recorded, Ladies? Mr. Clerk… Representative… Mr. Clerk, take the record. On this question, there are 67 voting ‘yes’ and 42 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 11 of the Calendar is House Bill 1107. Representative Jenisch, do you wish us to read that Bill? Mr. Clerk, read the Bill.” 09400033.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 1107, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Jenisch, has been approved for consideration.”
“Representative Jenisch.”
"Yes. Thank you, Mr. Speaker. I do move to adopt this Amendment #1. It clarifies a discussion which was held in the committee hearing correcting the charge from an A to a C misdemeanor.” Speaker Lyons, J.: “Representative Lyons in the Chair. Any discussion on the Bill? Representative Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: "He indicates he will.” Davis, M.: “Would you tell us exactly what this is adding to the Criminal Code?”
"The… the Amendment as presented today changes or corrects a scrivener’s error that was presented in committee. In committee we originally had it a Class A misdemeanor. This corrects it to the intention of the original Bill and to what was approved in committee to be a C. So, it becomes a Class C misdemeanor instead of a Class A misdemeanor.” Davis, M.: “For doing what?”
"The… the whole Bill focuses on bringing fake guns on to school property.” 09400033.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Davis, M.: “So, if they… if a person brings a toy or play gun on to school property, what will happen to them under your legislation?”
"Well, number one, it is not a toy gun. This… this is a fake gun, commonly known as an airsoft gun, which has been outlawed in several states already. And what it does is make a public policy that these guns are dangerous, that police officers show up, believe that they are real guns, and that they draw their guns on youths. So, we are trying to avoid an accident at school. So, what basically it does is if they bring this fake gun on to school property it becomes a Class C misdemeanor charge for doing so, without the knowledge of school security. So, for… for Halloweens and things like that. But, right now, we’re… we’re specifically speaking to the Amendment which just corrects the scrivener’s error.” Davis, M.: “Do we sell that gun in Illinois?”
"Yes, we do.” Davis, M.: “Can children buy that gun in Illinois?”
"Yes, they can.” Davis, M.: “So, a Class C will… what will be the penalty as opposed to the Class A?”
"Up to 30 days in jail.” Davis, M.: “Thirty days in jail.”
"Up to.” Davis, M.: “For bringing a toy to school? Thirty days in jail for bringing a toy to school.”
"It is not a toy.” 09400033.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Davis, M.: “It’s not a toy?”
"It is not a water pistol. It’s is not the guns that we played with…” Davis, M.: “Can children…”
"…Cowboy and Indians. It is a gun which is manufactured and licensed to substantially look like a real gun.” Davis, M.: “Can children under 18 purchase this gun?”
"Yes.” Davis, M.: “Children under 18 can purchase the gun?”
"Yes.” Davis, M.: “But it’s not a toy?”
"Not in the sense…” Davis, M.: “But they have a right to purchase it? To the Bill, Mr. Speaker.” Speaker Lyons, J.: "To the Bill.” Davis, M.: “You know, I know we all want to be really tough on crime and we really want to make our schools safe, but I think it is so important that we not criminalize children who will perhaps not even know that this is a law. I know of cases where children have had paintball guns, listen carefully, ya know, that orange paintball gun, in his or her car and the security guard will go out into the parking lot, go into that vehicle, find that orange paintball gun, and expel a kid from school, and deny him or her an opportunity to graduate. If I thought for one moment that this would make our school safer I would be the first to vote for it. And let me say in some school districts the 09400033.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 implementation will be very different perhaps than in your school district. In some school districts this will be another opportunity to knock the opportunity for continued education from certain students. Now, do I think they should be able to bring it to school? No, I don’t. Should they be able to purchase it? Maybe they should not be able to purchase this gun. It’s not illegal to purchase it. They don’t have to be 18 years of age. But if they bring it to school it won’t be a Class A misdemeanor, it’s gonna be a Class C and they can go to jail for 30 days. I don’t want to criminalize our kids in Illinois. I just don’t think it’s the right thing to do. I don’t want to see little black kids going to jail for 30 days when they should be graduating from high school. Maybe the route should be to… to determine that this gun is illegal. Maybe we should pass a Bill that says it is illegal to purchase this gun if you’re under the age of 18. But to let the gun be, it’s legal to sell it, it’s legal to have it in your car, but when you get to school you’re going to jail for 30 days. There’s something wrong with that. I urge a ‘no’ vote.” Speaker Lyons, J.: “The Chair recognizes Representative Fritchey.”
“Thank you, Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“And I’m mindful that we are just on the Amendment. Let me ask you… in keeping with that, is it your intention to move Amendment 2 as well?” 09400033.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“I’m unaware of Amendment 2.”
“Did you file Amendment 2?”
“Give me a second to check on that. I… I don’t believe so.”
“Well, while they’re checking if you didn’t file Amendment 2, if you could tell me who did?”
"Two… two is not filed.”
“Two is not filed?”
"No.”
“It’s on our system. I guess my question would be, how would it be on the system if it hadn’t been filed?”
"We… from my understanding from my staff, we gave it to the Dem staff for review and that we’ve not heard back from them and so we have not filed that Amendment at this time.”
“Okay. Amendment 1… we can deal with 2 at the time, if it should come forward. Amendment 1 simply reduces the penalties from… from what were additionally proposed.”
"The actual Bill intention was it to be a misdemeanor Class C all along. It was a scrivener’s error in the original Bill marking in a Class A. So, all it was doing was correcting what was agreed to in committee with the understandings.”
“All right. I just wanted to clear that… clarify that procedurally. I will have some questions and comments when this Bill comes up on Third Reading. Thank you.”
"Thank you.” 09400033.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Representative Hannig is back in the Chair. Representative Parke is recognized.”
“Thank you, Mr. Speaker. Ladies and Gentlemen, to the House. This legislation at a time when we recently had another massacre in one of our schools somewhere in this country, when we have guns being left in bathrooms by custodians. If you don’t think the teachers and administrators and the children of the schools of this nation are frightened, you’re mistaken. And when there is an opportunity to bring a gun to school whether it’s real or a simulation that ought to be dealt with firmly. And this… this Bill does not make a discrimination between one color of a child’s skin or another. This legislation affects all of our children. This is something that’s a good piece of legislation. I cannot, for the life of me, think that this has anything other than a positive impact in our schools. I rise in strong support. And I just… the comments down here continue to amaze me.”
“Okay. On the Amendment, further discussion? Representative Bost.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he'll yield.”
“Yeah, and I’m just trying to… to clear the… a few things up for myself and I know we’re on the Amendment only. And I’ll probably talk more when it… when we actually go to Third with this. The… the concern I have is, is… all right, we’re saying, and I’m looking at the language it… it 09400033.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 is something meant to look like an actual weapon, is that correct?”
"It is manufactured and licensed by gun manufacturers who substantially look like a real firearm, yes.”
“Okay. I’m… and I’m… I’m trying to think when these were used or why they would be used for… I mean…”
"I…”
“…I can remember a… a Crossman BB pistol that looked like a nine millimeter and it… and it… and still does to this day. And… and, ya know, when you deal police officers their concerned that maybe a BB gun was being pulled. But I… I’m concerned be…”
"There is more and more incidents throughout the country, including down in Mount Vernon where a student brought one of these guns to school and the police officers thought it was a real weapon and actually drew their gun on the students…”
“Which is exactly why I’m asking these questions. Now you’re saying that if… if a student brought this… now the question was, what was the intent of that student. This… this doesn’t allow for the… the person involved to look at the intent, does it?”
"No. This says if the student brings it on to school property he is committing a Class C misdemeanor.”
“Okay. The… and that’s my con…”
"If… if there is consent of the school security, then it’s okay. So, if there’s a school play, if it’s Halloween, if there’s issues of that nature…” 09400033.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Okay. Those are… those are the things I’m… I’m wanting to know too.”
"So, if… if the local school security, being a dean, being a police officer…”
“Can you… can you answer this to… for me, though. Is this not something that the local school themself can enforce it? Because right now to… to bring a weapon on school grounds is illegal. Am I correct?”
"It’s illegal to bring a real weapon on to school grounds.”
“Right.”
"Not…”
“And…”
"…a fake.”
“…and… and here’s the problem I see with the Bill that we passed. And it… now I’m hashing something that was passed from this House years ago. Real can be a BB gun. There’s no clarification. And I’m trying not to put laws into place or… or at least try to work with everybody in this chamber. We had an incident where a young man, of all the things, whether it was right or whether it was wrong, he used a BB gun to prop up his car hood. He pulled into the… was going to work on his car in automotive, forgot it was even laying in there, that’s what he propped it up with. All of a sudden he was in trouble and being charged because he had this BB gun propping up a car hood. This was a gr… was… was an excellent student. And instead, he… he received a black eye on his… on his academic record, on 09400033.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 everything because of an innocent mistake. Now, my question is, are we heading down that road and down that path again with this piece of legislation saying… isn’t there some way that we can do this and still allow our local school districts to make the choice without putting it into State Law this way?”
"Well, I think the Bill does give the school districts local choice to decide to give authority to bring it. What we’re trying to do is to show the importance. Other states have actually outlawed. Other states have actually went after some major retailers for selling the guns within their stores because they’ve become so dangerous within their community. So, we did not want to go to that extreme with the Bill at this point. We wanted to make a statement and… and make an offense that is… is a minor offense so that we let kids and parents know that it’s not a good idea to bring these fake guns to school. That they do create and interrupt the educational process at school and that they create an unsafe environment at school if they do bring ‘em.”
“Okay. Thank you.”
Speaker Hannig: “Is there any further discussion on the Amendment? Representative Will Davis.” Davis, W.: “Thank you, Mr. Speaker. Sponsor yield?”
“He indicates he'll yield.” Davis, W.: “My question, Representative, as I’m reading the analysis that was provided for us regarding bringing a fake or false firearm to school. Now, is there a definition of 09400033.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 that? And the reason that I ask that question and… and maybe I’m dating myself a little bit, but there are some toys out there that may be a robot statue but can be turned or manipulated to be turned into a gun. And so, does something like that fall into this category of a gun? And if so, how does what you have here exempt or prevent something like that from happening?”
"The Bills specifically says…” Davis, W.: “Having a little trouble hearing you.”
"…the… the Bill specifically says it is manufactured to look substantially like a real firearm and/or licensed by a gun manufacturer. So, something like that, that obviously is not a real gun, is not a problem. And we’re not targeting grade schoolers. We’re targeting high schoolers here. That’s really where the issue has been.” Davis, W.: “So… so, you’re expecting a high-school student maybe not to have that. You know, what if it’s a high- school student that may be a special needs child who can’t make that… that type of determination? And again, we’re talking about now, someone’s interpretation of that, again. And that’s kinda where I’m headed, is somebody’s interpretation of that.”
"We… we do have and it was brought up, a second Amendment pending that will be filed that further defines more specifically what fake guns we are speaking of. So, hopefully, when I file that second Amendment, that will clarify some of your questions for ya.” 09400033.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Davis, W.: “Okay. So, you’re gonna keep this on Second until the second Amendment is dealt with there?”
"Right. We are going to adopt the first Amendment today, hopefully, and then we will hold the Bill appending the second Amendment being approved by Rules and sent back here.” Davis, W.: “Okay, Representative. I appreciate that. But further more, in… in a situation like that where a child has been… is ‘at least guilty of this’, what is… I guess to say this. Is it possible that some districts instead of asking or bringing the police into this may deal with that on their own? And they simply expel the student or, so, and is this now left to the discretion of that school district or is there some way of making sure that something like this is… is administered across the board fairly and even?”
"Well, school districts certainly can act on their own behalf and as the school boards and the administration of the school districts can make those decisions. So, I don’t know how you create a law dictating to the school districts what to do in those specific situations. So, I guess if they don’t call law enforcement then this Bill wouldn’t apply and they could deal with it in any manner they see fit. If they believe that it was a… a accidental bringing it to school or if they believe that it was not meant to create havoc or disrupt the educational process they could deal with it in that… that manner on… on the level. But if it becomes a situation where another student believes a 09400033.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 student has a firearm and the police are called, that’s when this Bill would come… come into play.” Davis, W.: “Okay. So, there really is no way. It’s still gonna be some… some room for that administration at that school to determine whether or not they wanna bring this child up on possible charges or expel this student, correct?”
"Yeah. I kind of hope that we have common sense. And, hopefully, the school districts will use common sense in these situations.” Davis, W.: “Well, unfortunately, Representative, in our particular society that’s not always the case. I’ve heard situations where two children who unfortunately are different by race in the same community have been pulled over by police officers and that police officer makes a discretion as to whether or not this child is charged with something greater than this child. So, I appreciate what you’re saying, but unfortunately we don’t have those options. And not that this Bill is about race in particular, but we’re talking about a fair administration of justice and we cannot guarantee that school districts will do that. So, it’s possible that two children with the same issue can go down two different paths with this. And there’s got to be some way to try to address this. Now, I know you have a second Amendment pending. Are you willing to sinc… since there are some concerns, obviously, at least from this side of the aisle, what about taking this out of 09400033.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 the record until the second Amendment goes through its process and then bringing it back then?”
"Well, I’d like to adopt the first Amendment today. We will file the second Amendment and we will hold it on Second Reading for the adoption of the second Amendment.” Davis, W.: “Thank you.”
“Representative Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This is an Amendment. You can debate the Bill. It’s my understanding the Gentleman has agreed to hold the Bill on Second Reading pending another Amendment. Mr. Speaker, if it’s in order, I would move the previous question.”
“Representative Black, I don’t think you can debate the Bill and then move the previous question. Well, why don’t we do this. Representative Miller, would you like to ask a few questions? Do you wanna waive? Okay, let’s… Representative Miller. And then we’ll go to Roll Call.”
“Yes. Just on a point of clarity, because I’ve gotten confused now from Representative Fritchey to Representative Will Davis. Do you, Repre… Repre… are you planning on presenting Amendment 2 or… or what?”
"We’re waiting for approval. We’ve been in discussion with the… with your side of the aisle on improvement of the Amendment through the Speaker’s Office. We… we are… we have been in discussions through the Speaker’s Office with your side of the aisle and we are waiting for approval 09400033.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 through the Democratic staff to file the second Amendment. We don’t wanna file the second Amendment if we’re not in agreement on it and that it doesn’t answer all the questions and concerns that they have.”
“So, we… so, long story short, we don’t… we don’t know if Amendment 2 is… is… if you’re gonna present it or not?”
"I’m not going to move this Bill until we have an agreement on Amendment #2.”
“You…”
"So, I… I’m holding it on the Second Reading pending the filing of…”
“You’re holding on Second until Amendment 2 is adopted or… or passed?”
"Correct.”
“Is that correct?”
"Correct.”
“Okay. Thank you.”
“Okay. So, at this point we’ve had a thorough discussion on the Amendment. So all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Are there any further Amendments?”
"No further Amendments. No Motions filed.”
“But we’re gonna hold this on the Order of Second Reading at the request of the Sponsor. On page 22 of the Calendar is House Bill 3485. Representative Fritchey, would you want us to read that Bill? Okay. Let’s take that out of the record at the request of the 09400033.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Sponsor. Representative Hoffman. Representative Hoffman, do you want us to read House Bill 395. Mr. Clerk, read the Bill. It’s on page 28 of the Calendar.”
"House Bill 395, a Bill for an Act concerning public health. Third Reading of this House Bill.”
“Representative Hoffman.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This would create a tax checkoff for a Blindness Prevention Fund and would indicate that the money that comes from the tax checkoff would makes grants to charitable or educational entities in Illinois for the purpose of funding public education on the importance of eye care and senior citizens and oth… and would provide eye care to children, senior citizens, other needy individuals whose needs are not… not covered by other sources of funds. This is an initiative of the Lions Club of the… Lions Clubs of Illinois. And I would ask for a favorable Roll Call.”
“The Gentleman has moved for the passage of House Bill 395. This is on the Order of Short Debate. Does anyone stand in response? 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 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 30 of the Calendar is House Bill 1299. Mr. Clerk, read the Bill.” 09400033.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 1299, a Bill for an Act concerning civil law. Third Reading of this House Bill.”
“Representative Howard.”
“Thank you, Mr. Speaker. House Bill 1299 creates the Predator Accountability Act. It creates a cause of action against a person who coerced an individual insta… into prostitution, con… coerced an individual to remain in prostitution, used coercion to collect or receive any of an individual’s earnings derived from prostitution or advertised or published advertisements for purposes of recruitment into prostitution. My colleagues, the United Nations Convention of December 2, 1949, proclaimed that prostitution and sex trafficking are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family, and the community. Sex trade activities and sex trafficking are supported by inequality and oppression based on gender, race, socio- economic status, sexual orientation, and age. The sex trade and sex trafficking pro… this proportionately affects women and children, particularly women of color. Men are also trafficked and exploited in the sex trade. Regardless of this specific pathway the women took to sex… to trading sex, their initial experiences could not have occurred in the absence of an environment that was supportive of their sex trade activities as well as partners who are willing to pay for sex. Research and evidence suggest that the sex trade is inherently coercive, abusive, and exploitative. Individuals, organizations, and entities often recruit and 09400033.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 maintain persons, largely women and girls, in the sex trade through predatory behaviors including coercion, violence, abuse, and exploitation. These practices often cause severe trauma and long-term physical, emotional and psychological damage. Often, individuals enter sex trade- related activities prior to age 18, are homeless or runaways, victims of childhood sexual, physical, and emotional abuse or have mental health or substance abuse issues. Many adult persons in the sex trade are victimized by many forms of violence and abuse while in the sex trade. This violence is often perpetrated to maintain their participation in the sex trade. Many persons, organizations, and entities that subject individuals to/or maintain them in the sex trade are not held accountable by the criminal justice system. In some parts of the state, less than 1 percent of all prostitution-related arrests are for pimps or panderers. This Act allows persons who have been or are subjected to the sex trade to seek civil damages and remedies from individuals and entities that recruited, profited from, or maintained them in the sex trade. I ask for your ‘green’ vote. Thank you.”
“The Lady has moved for passage of House Bill 1299. This is on the Order of Short Debate. And in response, Representative Bailey is recognized.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she'll yield."
“Representative, you know how I feel about this Bill. Right now, don’t prostitutes have… I’m gonna try to phrase 09400033.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 this as nicely as I can. Prostitution is the oldest form of work since the beginning of time. But prostitution… do you know that when a prostitute gets arrested, it is that pimp who gets ‘em out of jail. Wait, also when their prostitute gets sick, it’s the pimp that takes care of her. But the problem I’m looking at is that if the prostitute turns on that pimp you’ve created another situation whereby you’re jeopardizing the reality, the safety, and well-being of that prostitute who by choice is doing what she’s doing. Now, since prostitution has been out there since the beginning of time, it is her choice to whether she wants to be pimped or not. Now, and I think making a Bill at the expense of others, on the backs of others, is just… I’m trying to be nice, Connie. I just can’t put it in words. But it’s… I just don’t think, we… we got Bills and I know your… your… you love saving people, but to put a Bill out here to save a prostitute who can call 911, if she really wants to be saved, is just ridiculous.”
“I appreciate them… your concern about those prostitutes and those pimps. Unfortunately, you missed the point of the legislation. The legislation is for those individuals who have been coerced into and have been coerced into remaining in prostitution. These individuals want to get out of the… the trade, but they are not being allowed to do so. Those other persons, I’m not speaking for them. I am just trying to help those who say I would not like to continue to be in this trade. The fact of the matter is that they should have a right, they should have 09400033.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 an op… an opportunity to be able to divorce themselves from that kind of activity. And I think this Bill is going to provide that opportunity for them. I certainly hope that you will support the Bill as well.”
“To the Bill. I just think… we do a lot of Bills for a lot of strange reasons and I just don’t think this is a really good idea. And I ask for a ‘no’ vote.”
“So this is on the Order of Short Debate. We’ve had one speak in favor, we’ve have one speak in response. And now Representative Howard to close.”
“Again, my colleagues, I am merely talking about individuals who want to get out of the sex trade, but who are being forced to remain in that particular industry. Those who don’t want to, I certainly am sorry for them. But this is not designed to assist persons who don’t want to be helped. Please, I’d like your ‘yes’ votes.”
“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 110 voting ‘yes’, 0 voting ‘no’ and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hoffman, for what reason do you rise?”
“It’s on a point of personal privilege. I would like to announce that we have some special guests from St. Peter and Paul, the eighth-grade class and my daughter, Katelyn Hoffman is here. Up there in the…” 09400033.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Welcome to Springfield. On page 22 of the Calendar is House Bill 3480. Representative Kosel, do you wish us to read that Bill? Well, while we’re waiting on that, Representative Stephens, for what reason do you rise?”
“The personal privilege.”
“State your point.”
“When Representative Hoffman, who used to live in my district, was going to school in Highland, when his eighth- grade class came here, he had to stay back for deportment reasons. So, just wanted his daughter to know that.”
Speaker Hannig: “Thank you, Representative Stephens. Mr. Clerk, would you read House Bill 3480. On the… it’s on page 22 of the Calendar, on the Order of Second Reading.”
"House Bill 3480, a Bill for an Act concerning education, has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Kosel, has been approved for consideration.”
“Representative Kosel.”
“Thank you. This Bill concerns contracting with schools. And I would move for the adoption of Amendment #1, which was discussed in committee. Set the limit that this Bill will apply to no contracts below $1 thousand. And I would move for…”
“The Lady has moved for the adoption of Floor Amendment #1. Is there any discussion?. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?” 09400033.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"No further Amendments. All Motions have been filed.”
“Third Reading. On page 17 of the Calendar is House Bill 2500. Mr. Clerk, would you read that Bill.”
"House Bill 2500, a Bill for an Act concerning local government. Amendment #1… Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Delgado, has been approved for consideration.”
“Representative Jakobsson.”
“Thank you, Mr. Speaker. This is an Amendment that’s very much like Amendment #1 that was adopted in committee. And that’s an agreement between the cities of Champaign and Urbana and the Illinois Association of Drainage Districts. The Amendment was intended to gut and replace the original Bill; however, it was added to the original language of the Bill. So, Hou… House Amendment #2… #2 was filed to gut and replace the Bill with the agreed upon language that was worked out.”
“The…”
“I ask for this to be adopted.”
“The Lady has moved for the adoption of Floor Amendment #2. Is there any discussion? Then 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. Mr. Clerk, read House Bill 1315 for Representative Jefferson.” 09400033.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 1315, 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. Mr. Clerk, read House Bill 788 for Representative Lou Jones. Representative Jones, do you wish us to read House Bill 788? Okay. Out of the record at the request of the Sponsor. Mr. Clerk, could you read House Bill 721, on page 6 of the Calendar, on the Order of Second Reading.”
"House Bill 721, has been read a second time, previously. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Mr… Mr. Leitch.”
“I’d like to withdraw Amendment #1.”
“Okay. The Gentleman… the… the Amendment was adopted in committee, I’m advised. Is that correct?”
“Yes. I believe there’s agreement.”
“Yeah.”
“And I appreciate your courtesy…”
“Yeah.”
“…and your fairness in reviewing this issue.”
“Yeah. So… so, Representative Leitch, the rules, I believe, provide that you need to come to the Clerk’s well…”
“I can’t hear you. I’m sorry.” 09400033.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Representative Leitch, could you come to the Clerk’s well and file a Motion to Table the Amendment and then we’ll recognize you for that purpose.”
“Okay.”
“So, we’ll take that out of the record for the moment. And on page 31 of the Calendar is House Bill 2531, Representative Joyce. Mr. Clerk, would you read the Bill.”
"House Bill 2531, a Bill for an Act concerning regulation. Third Reading of this House Bill.”
“Representative Joyce.”
“Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 2531 amends the Health Care Worker Background Check Act to include all employees of license and certified long-term care facilities who have or may have contact with residents or have access to those residents’ financial, medical, or personal records and who have access to the living quarters of the residents. I know of no opposition. And I’d be happy to answer any questions.”
“The Gentleman has moved for the passage of House Bill 2531. This is on the Order of Short Debate. Does anyone stand in opposition? 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… Representative Younge, would you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having 09400033.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 received a Constitutional Majority, is hereby declared passed. On page 28 of the Calendar is House Bill 396. Mr. Clerk, would you read the Bill. 396.”
"House Bill 396, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
“Representative Lindner.”
“Thank you, Mr. Speaker. This is a Bill that addresses the judicial driving permit that a first-time DUI offender can apply for. It was drafted in conjunction with the Illinois State Bar Association Traffic Laws and Court Sections Council. And says that before the judicial driving permit is issued, if someone gets a driving while suspended, unless that’s dismissed, they can’t grant the petitioner the judicial driving permit or during the time of the… when the permit is running if there is another traffic violation or another DUI, a hearing must be held to see if the judicial driving permit should be confiscated.”
“The Lady has moved for the passage of House Bill 396. This is on the Order of Short Debate. Does anyone stand in opposition? 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 111 voting ‘yes’, 0 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 28 of the Calendar, on the Order 09400033.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 of House Bills-Third Reading, is House Bill 515. Mr. Clerk, would you read the Bill.”
"House Bill 515, a Bill for an Act concerning taxes. Third Reading of this House Bill.”
“Representative Holbrook.”
“Thank you, Speaker. House Bill 515 is a cleanup Bill to where we’ll be addressing mobile homes the same as we do all other property in this state. This was an oversight during our last cleanup Bill last year where a county becomes the trustee and has to take care of the delinquent properties. I know of no opposition. Mobile home people, the Treasurer, the tax groups are all in favor of the Bill.”
“The Gentleman has moved for the passage of House Bill 515. This is on the Order of Short Debate. Does anyone stand in response? 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 Schmitz and Mautino, 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. On page 26 of the Calendar is House Bill 3801. Representative Kelly, would you like us to read that Bill? Representative Kelly. Do you want us to read this Bill? Okay. Out of the record at the request of the 09400033.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Sponsor. On page 29 in the Calendar is House Bill 1079 for Representative Lang. Mr. Clerk, read the Bill.”
"House Bill 1079, a Bill for an Act concerning cur… civil law. Third Reading of this House Bill.”
“Representative Lang.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill would create a privilege between union agents and employee… union agents and their employees. This would be a new codification of this in the law. However, there are courts in Illinois that have held that this is something that does exist. The National Labor Relations Board accepts this as a privilege. And we need to codify this in the State of Illinois to protect union members and their leaders. I would appreciate your ‘aye’ votes.”
“The Gentleman has moved for the passage of House Bill 1079. This is on the Order of Short Debate. And in response is Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he'll yield.”
“In the present… presenting this Bill did we have any opposition to it as amended?”
“Not to my knowledge, Representative. I do not recall. I could be wrong. I… I don’t want to say this as absolute truth, but I do not recall anyone testifying against the Bill.”
“Well, do we know if… what are you… what are you trying to solve with this? I’m… I… I’m… this is a little complex. I’m not sure I understand what you’re trying to do here.” 09400033.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Well, I’ll… let me… let me try to give you a fact situation. Many times on a worksite or in a union hall, a… a union member goes to his or her leadership. It might be the agent… that the business agent, it might be the president of the union, whatever. Maybe they don’t have a lawyer present, maybe they don’t have a personal lawyer, or a personal doctor, or a clergyman handy and they share personal information with that person. This would… this would provide a privilege so that that person cannot be forced to testify against that union member in court unless it’s to stop a crime that’s in progress.”
“And… and the bar said that this is acceptable to them?”
“Yes.”
“Well, we have another… we want to flip it around and ask just a simple question, is do you think if this is something that’s important to, obviously, to labor, shouldn’t the business community have the same right?”
“Well, what would the fact pattern be? Who… who would get such a privilege? I… I’m not sure what you’re proposing. This is not necessarily a labor management dispute.”
“Oh, I know that.”
“This is not about that.”
“I agree. I agree, it is not.”
“All right. So…”
“But, I’m saying if we’re gonna give this privilege to labor, and I don’t have a problem with that, shouldn’t we also be able to give this privilege to the owners of the 09400033.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 corporations and the owners of businesses and small businesses have the same opportunity?”
“In other words, if an employee of a corporation went to the president of the corporation and said I’ve got this personal problem, you would like to provide a privilege to that person?”
“Right.”
“If you propose the legislation I’ll be glad to look at it with you.”
“Well, why wouldn’t it apply here too? I mean, this is not just for one specific area. This is law. So, it would apply to everybody. I’m just trying to get some legislative intent.”
“Well… well except that… except that this is a specific situation similar to an attorney-client privilege, similar to a doctor-patient privilege, similar to a clergyman- congregant privilege where you have a special relationship with this union leader and you share personal information with that person. I don’t see it as being the same. But if you propose the Bill I’ll be glad to work on it with ya.”
“All right. Thank you very much.”
“Representative Black, do you wish to speak?”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“He indicates he'll yield.”
“Representative, that was an interesting analogy about lawyer-client privilege, doctor-patient privilege. But for 09400033.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 the life of me I can’t think of why a union agent and a union member would need to have a privileged relationship or conversation.”
“Well, as I explained, Representative, and by the way that’s a lovely tie.”
“Thank you.”
“As I explained, there are many times in a… in a work setting in a union environment where because of the special relationship between the union agent… the business agent and the union member there may be some shared information with that business agent. He may ask for advice, he may have a personal problem and it has come up many times apparently in real life settings where someone who’s been… there’s been an effort made to cause that union agent, that business agent to testify against the member. And because of that special relationship this Bill would… would prohibit that from happening. Now, I do want to add that, this privilege is already codified in the regulations of the National Labor Relations Board on federal matters. There are court cases in Illinois that refer to this kind of privilege. We’re just trying to codify it.”
“Representative, what I don’t understand and… and sometimes these Bills become clearer after a period of time. As the information relates to a collective bargaining matter and your Bill, your Amendment, clarifies that Federal Law will take precedent. What I am concerned about is in the potential disclosure of a crime. Your Amendment removes the right of that union member to consult 09400033.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 an attorney and it also says that the union agent does not have to disclose that information about a potential crime or violation unless there’s… let… let me quote ‘a clear and imminent risk of serious physical injury or death of another person’. What… what are we trying to hide here? Are we trying to… obfuscate a… a charge that a union member may make against… misappropriation of funds? Are we trying to obfuscate information that a union member may bring to his agent about an… an illegal election activity within the union or a kickback arrangement between an employer and a union official? I… I… Your Bill does not seem to be deal with the collective bargaining process. It seems to deal with information that should be made readily available to the authorities. And as I read your Bill, it says, oh, it doesn’t have to be. If the union agent doesn’t think it’s a clear and imminent danger he doesn’t have to disclose what that union member may have told him or her.”
“Representative, this is the same standard we have for therapists who have the privilege whether it… where… where it relates to rape victims, it’s the same language. Now, I agree these are not analagous situations, but we did take that same language. Let me suggest to you that… that we think the language is pretty clear as to what is exempted. Let me also suggest to you that much of the… this… these conversations have nothing to do with crimes. They have nothing to do with collective bargaining. They have to do with personal things going on in the union member’s life. So, if the union member shares a… a problem in his life 09400033.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 relative to… to a div… a divorce he’s going… he or she is going through, or a child custody matter, or a personal problem, the union official would then not be bound to testify in court against his or her own union member. And so, we want… we want to respect the rights of union members to be in unions. We wanna respect their rights, they have confidential conversations with their leadership. And this Bill only serves to protect that.”
“Well, Representative, the underlying basis that I don’t understand, I can’t think of anything in real life as to why a union agent should get some kind of shield from information that… that very few other people have. Yes, therapists, lawyers, doctors, yes. I don’t have that kind of shield. If someone comes into my office and tells me that the manager of the ABC Company has threatened his life and he’s not gonna put up with that or that he’s therefore going to lead a wildcat strike, or park his truck in front of the gate and… and throw the keys in the river, I don’t have any protection to say, ‘Well, thank you for telling me that, I don’t think there’s any imminent risk, I’m not gonna report that.’ I don’t have that kind of shield. Why should a union agent have that kind of shield protection?”
“Again, the answer is because there’s a special relationship and should be a special relationship between union leaders and their… the members of the union. The reason people join unions is to have a special relationship, a trusted relationship, in many cases a confidential relationship. The National Labor Relations 09400033.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Board in many… many different cases already recognizes this privilege in those kinds of matters. We simply wanna… and there are tort cases in Illinois that suggest that this is an appropriate privilege. We’re just simply trying to codify what these court cases and these National Labor Relation Board regulations say now.”
“Okay. Representative Black, your… your 5 minutes have expired…”
“Uh huh.”
“…could you bring your remarks to a close, please.”
“…thank you very much. And I appreciate the Gentleman’s patience. And thank you, Mr. Speaker. Ladies and Gentlemen of the House, there are very few instances in society that we should grant the privilege of not having to disclose information. And where we have done that, I think there’s a clear and compelling reason to do that. I, for the life of me, can’t understand why a union agent would need to be protected under this law as amended and proposed by Representative Lang. I even question whether there’s a… a broader issue of liability. If a union… if a union member comes and says, ‘I’m not gonna put up with that foreman another day, I’m not gonna do it. He tells me one thing… one harsh word after today and I’ll kill him.’ Now, if that union agent does not disclose that, even though the Bill says that he probably should, who’s liable if he doesn’t and the worker comes in the next day and shoots the foreman? This is a… a Bill I think best handled by NLRB, 09400033.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 best handled by individual court cases. I, for the life of me, can’t see why any of you want to give a union bargaining agent extra protection under the law on what he’s told by a member. You don’t have that protection. Very few people in society have that kind of protection. And I daresay this is a case that does not need to be added to that very narrow scope of people who enjoy that privileged information status. I urge a ‘no’ vote.”
“Representative Lang to close.”
“Well, thank you. We’ve had a thorough debate. And the most important case on this, it’s an LR… NLRB case. The Cook Paint and Varnish Company, they said that consultation between an employee potentially subject to discipline and his union steward constitutes protected activity in one of its purest forms. To allow respondent to compel disclosure of information under a threat of discipline manifestly restrains employees in their willingness to candidly discuss matters with their chosen statutory representative. So, Ladies and Gentlemen, this is about allowing union members to have confidential conversations with their union leaders. That’s what unions are all about. Please vote ‘aye’.”
“The Gentleman has moved for the passage of House Bill 1071. And the question is, 'Shall this Bill pass?' All in favor vote… 1079. The question is, ‘Shall House Bill 1079 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 09400033.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 voted who wish? Representative Parke and Representative Dunn. Mr. Clerk, take the record. On this question, there are 76 voting ‘yes’ and 35 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Pritchard, for what reason do you rise?”
"Point of personal privilege.”
“State your point.”
"I’d like to draw everyone’s attention to the gallery where I have some 18 members from my district, a part of my youth advisory council, observing the House in action today and visiting with many of our Leaders. Please welcome them.”
“Welcome to Springfield. On page 19 in the Calendar is House Bill 2580. Mr. Clerk, would you read the Bill.”
"House Bill 2580, a Bill for an Act concerning utilities. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Lyons, has been approved for consideration.”
“Representative Lyons.” Lyons, J.: “Thank you, Speaker and Members of the House. Amendment #1 amends and corrects the name for NERC the required NERC. The National Assoc… Associate… North American Electrical Reliability Council requested changes to replace the word ‘energy’ with ‘electric’. And also allows for voluntary rules to be made by municipalities that own or operate municipal utilities and basically asks 09400033.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 them to requires that they… they follow the rules and regulations as set up by the North American Electric Reliability Council. So, I ask for your favorable consideration on this 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. Mr. Clerk, what is the status of House Bill 3850 on page 32 of the Calendar?”
Clerk Mahoney: "House Bill 3850 is on the Order of Third Reading.”
“Move that… return that to the Order of Second Reading at the request of the Sponsor. On page 28 of the Calendar, under House Bills-Third Reading, is House Bill 348. Mr. Clerk, would you read the Bill.”
"House Bill 348, a Bill for an Act in relation to firearms. Third Reading of this House Bill.”
“Representative Mathias.”
“Thank you, Mr. Speaker. House Bill 348 basically provides that the Illinois State Police must report the name and address of a person to their local law enforcement agency where that person resides if the person attempts to purchase a firearm and is disqualified from purchasing it. And this really came out of the incident that happened several years ago in the Benjamin Smith case, where he attempted originally to purchase a firearm legally, was 09400033.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 turned down, but that information did… was not conveyed to local law enforcement and as we know he went out and committed a murder and… several murders and injured… wounded other people. This is… is an agreed Bill now. There was originally opposition from the National Rifle Association, but they have… we have filed an Amendment that they prepared and they are now in agreement. So, I urge your ‘aye’ vote.”
“The Gentleman has moved for the passage of House Bill 348. This is on Short Debate. Does anyone stand in response? 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 111 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 29 in the Calendar is House Bill 695. Mr. Clerk, read the Bill.”
"House Bill 695, a Bill for an Act regarding schools. Third Reading of this House Bill.”
“Representative May.”
“Yes, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 695 is an initiative of the healthy schools campaign. It amends the School Code to ask them to adopt an indoor air quality policy and appoint a coordinator for each school. Poor air quality ex… exacerbates asthma and is estimated that mil… nationally 14 million school days 09400033.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 are lost to asthma each year. Decisions are made at the local level and there are no penalties, no reporting requirements to the state. And the… this… there are 43 Sponsors for which I thank you and was reported unanimously out of committee.”
“The Lady has moved for the passage of House Bill 695. This is on the Order of Short Debate. Does anyone stand in opposition? The Gentleman from Vermilion, Representative Black.”
“Yes. Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“She indicates she'll yield."
“Representative, what’s the actual purpose of this Bill?”
“The purpose is to call attention and get school boards to be aware of… of the… the importance of good air quality so children can learn.”
“What’s… what’s the problem with a general plan or program to emphasize the importance of air quality period? Why… why just in schools? How about… how about the work place?”
“Well…”
“How about the chamber in which you and I work?”
“Sure. Ya know, Representative…”
“That the smoke emanates from the restroom.”
“Representative, OSHA covers the workplace. And interestingly enough, OSHA also covers private and parochial schools. But it doesn’t cover public schools.” 09400033.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Who… who covers the air quality of the Capitol?”
“I… I… it’s a workplace, so I guess it’s OSHA.”
“Have… have you ever called OSHA about the air quality in here since anything that can go up in smoke of a legal nature, seems to go up in smoke in the rear of the chamber or the restroom?”
“I… I share your concern about that. But no, I personally haven’t called OSHA.”
“That’s… so this… this would be a… a mandate on a school system to per… who… who compiles the report?”
“There’s really no reporting requirement. It really only requires that they have a point person. That they have a policy and have a point person.”
“They… they have a what person?”
“A coordinator.”
“Oh. Will this coordinator have teaching duties or will we need to hire an air quality coordinator?”
“One… someone already on staff could be used.”
“I see. So, a teacher who doesn’t have time to teach can now assume other duties as well?”
“Representative, I think it’s more likely to be an administrator or someone on the ground staff.”
“Oh, an administrator?”
“Yes.”
“Oh, we don’t have enough of those do we? I know most districts are just…”
“Is that a rhetorical question?” 09400033.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Now… now most districts, as we know, are just horribly short of administrators. I mean, would… wouldn’t you agree?”
“Representative, I don’t think this… this… Well, I shouldn’t say, this does not require them to add any staff.”
“If it doesn’t require them to add any staff and it doesn’t require a report, why do we need it in statute?”
“To create awareness and to make sure that there is a coordinate.”
“A… awareness?”
“Yes.”
“And… and who… who is it we’re going to make aware?”
“The parents.”
“And… and how are the parents going to be made aware?”
“The parents will be made aware through regularly existing channels of communication in the school, be it a website or some policy manual, or how… a newsletter, however they normally communicate with parents.”
“So, if in my district we want to open the windows in the spring and close the windows in the fall, we… we’ll let the parents know that, right?”
“Sir, it wouldn’t get to that detail.”
“We don’t have to get that detailed. So, in… in schools that are not centrally air-conditioned and have no means of moving air throughout the building other than raising and lowering or opening windows and/or doors, what do they report?” 09400033.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“There’s no reporting requirement, Sir.”
“At what… what awareness do they give?”
“That there is a policy. The policy should also include information what they would do. You know, many schools, like the St. Charles Schools, had a mold infestation that cost them millions of dollars to ame… remediate. So, I think this is an awareness to… to, hopefully, nip some of those things in the bud.”
“And… and would this Bill have prevented the mold problem in St. Charles?”
“It would have made the coordinator aware that he should probably be walking through and looking for accumulations of water and things like that, very simple.”
“Well, most mold that I’m aware of is generally behind walls. I… I assume somebody found it, and they usually do through an inspection, correct?”
“That’s… I’m not a mold inspector.”
“I mean, it wasn’t any secret, was it?”
“I… this… I, ya know, when it… if you’re asking how they found out about the St. Charles mold infestation, I’m not quite sure how they found out about it.”
“But… but this… this Bill wouldn’t have helped them find out about it, right?”
“If you have a coordinator and they have used…”
“Okay.”
“…a simple manual, such as the one… this Bill was an init…” 09400033.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Representative Black, your time has expired. Would you bring your remarks to a close.”
“Thank you very much, Mr. Speaker. And I appreciate what the Representative is trying to do. I spent some years in the classroom and we have coordinators in charge of coordinators who coordinate those who coordinate absolutely nothing. I’m gonna probably be the only ‘no’ vote on this Bill. But I’m sick and tired of standing on this floor day after day debating Bills like this to have a coordinator of air quality, but we can’t take 5 minutes to honestly discuss changing how we fund education in Illinois schools. We can’t take 5 minutes to discuss what started out to be a hundred and forty million dollar increase in the education budget. Why don’t we turn our attention to the real issues of education? Not whether or not you have a coordinator of air quality. How about a coordinator of curricular quality? A coordinator of funding quality. A coordinator of funding inequity that exists in Illinois schools. I’m going to vote ‘no’ because I’m tired of flitting about the question and ignoring the real issue of education. I intend to vote ‘no’, if I’m the only ‘no’.”
“This Bill’s on the Order of Short Debate. Representative May has spoke in favor, Representative Black in opposition. Representative Mitchell is recognized to close. Mitch… Representative Mitchell, why don’t you close.” Mitchell, J.: “Thank you, Mr. Speaker. Ladies and Gentlemen, as you can see those that… that are very concerned about 09400033.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 schools have cosponsored this Bill with Representative May and the reason being that we do have some air quality problems in schools. This is not a Bill that’s going to… to put a mandate on schools to cost them a lot of money. It simply raises the awareness. We’ve also had some mold problems in… in classrooms or in the basement of older schools and before anyone was aware we’ve had children that were sent home sick, not knowing why but it… it wound up being a respiratory problems. This just simply raises the awareness. A superintendent can be the coordinator, for heaven’s sakes. The board itself is going to spend some time discussing air quality in their schools and the health of children, which I think is healthy. That’s the reason I signed on the Bill. I couldn’t see that it was going to cost a lot of money, but it certainly is an issue that needs some discussion. Thank you, Mr. Speaker.”
“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 Flowers, would you like to be recorded? Representative… Representative Pihos, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 90 voting ‘yes’ and 21 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 11 of the Calendar is House Bill 1261. Mr. Clerk, read the Bill.” 09400033.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 1261, has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative McGuire, has been approved for consideration.”
“Representative McGuire.”
“Excuse me. Thank you, Mr. Speaker. Before I proceed I want to make sure that I’m correct, that Amendment has been adopted.”
“The Amendment has been approved by the…”
“Approved.”
“…Rules Committee.”
“Okay.”
“And it’s now your Motion to adopt it.”
“Okay.”
“So, would you proceed?”
“Thank you, Mr. Speaker. The Amendment to House Bill 1261 is Amendment #1. And it merely replaces lines 20 through 22 in the Bill with the following: ‘Department must disburse monies in accordance with the priority service plan developed under Section 25 of the Older Adult Services Act.’ My friends with AARP asks that I will put this Amendment on the Bill and I have done that. And so I think that the Amendment takes away any opposition that AARP may have had.”
“The…”
“I would appreciate the adoption of the Amendment.”
“And on the Amendment the Gentleman from Cook, Representative Parke.” 09400033.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he'll yield.”
“Yes, it says that… that not only AARP was opposed, but the Department of Revenue. Does your Amendment remove their opposition?”
“I really doubt that. No, I don’t think so.”
“So, they’re still opposed?”
“Yeah, they’re opposed because as you know is it’s a checkoff.”
“Because it’s a what?”
“That… that’s the main position… it’s a checkoff.”
“It’s a checkoff?”
“Yes.”
“And on your checkoff it still requires a hundred thousand dollars to stay on the ballot… stay on the tax form?”
“I’m not sure what you said. Would you please repeat that? It’s a little noisy here.”
“Well, to maintain a checkoff you have to raise a hundred thousand dollars a year to… to do that. That’s what… so if it goes below a hundred thousand, they’d remove it. That does not change that. That still… it shows a viability. In other words, if it’s viable enough to get a hundred thousand it can stay on, if it’s less than that we have traditionally dropped it off. That’s still, you haven’t changed that criteria, have you?”
“I would… I would say that probably still stands.”
“Okay.” 09400033.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“With the revenue.”
“Thank you very much.”
“You’re welcome.”
“On the Amendment, 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. On House… on page 3 of the Calendar is House Bill 294. Representative Mitchell, would you wish us to read that Bill? 294. Okay. That’s out of the record at the request of the Sponsor. On page 27 of the Calendar is House Bill 23. Representative Jerry Mitchell, do you wish us to read that? Mr. Clerk, read the Bill.”
"House Bill 23, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“Representative Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 23, we discussed pretty thoroughly when we added the Amendment. Basically, what this does it… it makes it unlawful for a child sex offender to knowingly be present on school property or a school vehicle when persons under the age of 18 are present or to loiter on a public way of a school unless the sex offender is a parent or guardian of the student attending the school, and the parent or guardian is attending a conference with school personnel to discuss academic progress of their child. Or two, participating in child review conferences in which 09400033.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 evaluation and placement decisions may be made with respect to his or her child regarding special education services. Or three, attending the conference to discuss other student issues concerning his or her child. They must notify the school principal of their presence in the school. This Bill in no way infringes on the right of a voter, a registered voter in the State of Illinois, to exercise his right to vote if the school is in fact a polling place. That’s also explicitly written in the law. I’d be happy to answer any questions. I know of no opposition to this Bill.”
“The Gentleman has moved for the passage of House Bill 23. It is on the Order of Short Debate. In response, Representative Lindner is recognized.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he'll yield.”
“Yes, thank you for doing the Amendment. I know we had a… a large discussion about this in the Judiciary II Committee. But how will the sex offender know that he is to notify either the principal… Is it the principal or the superintendent? And what… what will be the procedure and how will that person know that?” Mitchell, J.: “In school districts it is the superintendent. When that… when that sex offender is registered then the school will let them know that. I talked to my superintendent and he said he had no problem with that. They will be notified of the change in the law and what 09400033.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 their procedures there are… are and in what ways and when they can be in the school.”
“So, is that… is that going to be… it’s in the School Code, or is this just gonna be a policy that each school is going to decide for themselves or what?” Mitchell, J.: “No, Representative, this is… this is a change to the School Code. This is already in code. We simply have changed a section of the code that gave an exception… to… a total exception to… it’s… in fact, it’s in the Criminal Code, a total exception to a parent that is a registered sex offender.”
“All right. And this is… also means that a parent who is a se… a registered sex offender will not be able to come to school to see a sports event, or a school play, or anything like that if his child is in that?” Mitchell, J.: “I… I know that was a concern at one time. I went back and talked to several superintendents in my district and they, quite frankly, said that would… that would be the absolute worst place to allow them to attend. Especially, if they’re a single parent, their child is playing, there’s no one there with them, to let them have free run of the school when it’s full of kids, a lot of kids, not attending with their parents, they… they saw that as a real problem.”
“Okay. Thank you very much.”
Speaker Hannig: “Is there any further discussion? Then Representative Mitchell to close.” 09400033.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Mitchell, J.: “I… I just request an ‘aye’ vote. Thank you very much.”
“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 Flowers and Davis, 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. On page 31 of the Calendar is House Bill 2462 for Representative Mendoza. Mr. Clerk, read the Bill.”
"House Bill 2462, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“Representative Mendoza.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2462 is a very simple and straightforward Bill. What it does it amends the Real Estate Transfer Disclosure Law. And it would allow for a homeowner… well, basically we’d be requiring a homeowner who’s selling a home to disclose on the real estate disclosure declaration form any homestead exemption for which the seller was eligible in the last ascertainable tax year. Very simply, we want people to know if you are eligible for the senior citizen tax credit or the homestead exemption credit. Spe… very specific tax credits to allow the purchaser to know that they may or may not be eligible for those same credits. We think it’s a very simple way of 09400033.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 letting people know ahead of time before they purchase the home, whether or not they may be able to afford the tax burden for the following year. And I would be happy to answer any questions and would request an ‘aye’ vote.”
“The Lady has moved for passage of House Bill 2462. And on that question, Representative Fritchey is recognized.”
“Thank you, Speaker. Will the Sponsor yield?”
“She indicates she'll yield."
“Yes.”
“Representative, we’ve had a brief conversation on this in the in the… in the past. And what you’re doing is taking, in my opinion at least, if I’m wrong please clarify this. But you’re taking a burden that should be on, really I think a… a purchaser’s attorney to determine and putting it on to a seller. So it… in a property transaction here, you’re telling the buyer that they are required to be aware of whatever exemptions they apply for, what exemptions they qualified for and are receiving and they’re liable if they fail to properly disclose these. Why wouldn’t this be the work of the purchaser or the purchaser’s attorney to say if you buy this home you may be entitled to this exemption, you’re not entitled to this exemption? Well, here, go ahead. I’ll let you start with that.”
“Thank you, Representative. All we’re doing with this legislation is simply saying that if you were eligible for an exemption that you would disclose it on the declaration form. You… you don’t have to be aware of what other 09400033.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 exemptions you may or not be eligible for that you may or may not have applied for. What we’re simply saying here is that when, ya know, person A goes to purchase the house from person B, if perchan… person B has a homestead exemption that they… they’re eligible for that they would just let the purchaser know that that exemption exists. So that, ya know, in the event of my purchasing a home I’m not going to necessarily be paying the same taxes that the owner of the property did at that time. So, I… I don’t think it’s by any means a big burden to put on anyone. And as far as I know… Oh, this is entirely a very different Bill than the Bill that you and I had originally talked about, taking into consideration some of those issues. So, there’s absolutely no objection to this Bill that I know of. The realtors are aboard and pretty much everyone else is, for that matter. But, thanks for your question.”
“The realtors are for it or the realtors are okay with? They’re not a proponent. My understanding is they’re neutral.”
“Well, I don’t know that they’re listed as proponents, but what I can tell is that we did work out this Bill with the realtors. And as far as I know there’s absolutely no opposition to the Bill.”
“Thank you, Representative. To the Bill, Speaker. Ladies and Gentlemen, there’s no reason to belabor this. But let me just suggest to you that what this legislation does is put an affirmative burden on an individual, a couple, a family, when they’re trying to sell their house. 09400033.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 This isn’t about disclosing a material defect that they would be the only one in that position to know about. This is about disclosing a legal entitlement to which they received that really should be the work of the purchaser’s attorney or the purchasers themselves. I… I don’t think this is a burden that we would knowingly want to impose on a… seller of a home. Thank you.”
Speaker Hannig: “Representative Sullivan, this is on Short Debate, but the Chair would grant you a few minutes if you’d like to clarify or state your position.”
“Thank you, Mr. Speaker. I… I rise in support of this Bill. I see this every day in my role as a township assessor where someone purchases a home and they receive their tax bill and then they notice that thousands of dollars are added to the tax bill that they didn’t know previous because of a senior exemption. The senior exemption has been in place since the early ‘90s and has had accumulative effect over the last 10 years. That can amount to thousands of dollars on a tax bill that when someone buys a home and they get authorization for a mortgage and then all of the sudden they’re looking at 10 or… or 2 to 3 thousand dollars more in tax bills and they’re wondering how am I gonna stay in this house. I think this is good legislation. And that now we’re gonna know up front, all right, can I really afford this house. That is the intent of this legislation is to allow people to stay in their house. So, I urge an ‘aye’ vote.” 09400033.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’ and 1 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 2 of the Calendar is House Bill 3417. Mr. Clerk, would you read the Bill.”
"House Bill 3417 has been read a second time, previously. No Committee Amendments. No Floor Amendments. All Motions have been filed.”
“Third Reading. On page 30 of the Calendar is House Bill 1284. Mr. Clerk, would you read the Bill.”
"House Bill 1284, a Bill for an Act concerning local government. Third Reading of this House Bill.”
Speaker Hannig: “Representative Molaro. It’s on Third Reading.”
“Thank you, Mr. Chairman… Mr. Speaker. You… you… caught me unaware there, Mr. Speaker. Anyway, 1284 is a very straightforward Bill. It changes one… one little word in the whole Bill that was made in 1993. And this has to do with front door refermen… referendums. With the crunches a lot of villages Home Rule communities have come up. What they have to do now is they have to put it on the ballot front door referendum if you’re gonna do the sales tax and if you’re gonna increase it by more than ½ a percent. Instead of doing it every year at ½ a percent 09400033.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 this allows you to do by front door referendum 1 percent instead of a ½ of percent. The rest of the Bill stays exactly the same. All the rules, all the regulations, all the statutory requirements stays the same. It only changes ½ percent to 1 percent. And of course, it’s all up to the voters whether they decide it or not. And that’s what we decided to do in this General Assembly 10 years ago and it’s still the law of the land today. And I’d ask for a favorable Roll Call.”
“Okay. This is on the Order of Short Debate. And in response the Gentleman from Cook, Representative Parke.”
“Yes. Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he'll yield.”
“Representative, if I read this correctly this is a tax increase, isn’t that right?”
“No. That’s incorrect.”
“What is it?”
“Okay, I just… if you would go to the… I don’t know if it’s easily done in your…”
“It says if it’s a home… a non-Home Rule…”
“Okay. This…”
“…they’ll have to… they’ll have to go to the voters for a front door referendum.”
“Well, no… no… I’ll…”
“And if it’s a Home Rule…”
“I’ll tell you what I’m talking about. If you go to the statute itself, I don’t know if you have that ability 09400033.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 on your computer. I know you’re a young man so you probably have those skills readily available. If… if you went to the… the full text, all we’re doing is… everything stays the same, for Home Rule, non-Home Rule, nothing changes. This just says that instead of being able to put ½ of 1 percent you can now go to 1 percent. It changes nothing else. So, everything that is the law today for Home Rule, rule, whatever it may be, all stays the same. So, all this allows you to do… we still have to do a front door referendum. So we go to the voters and we’d say, ‘we’d like to increase the sales tax by ½ a percent.’ It goes on the ballot in March or November and all you decide is whether or not you wanna do it. Everything else stays completely the same as the way we do it today. But because of the crunch what they’re asking us is a ½ of percent sometimes isn’t even worth bringing to the voters ‘cause you don’t get anything done. So, they wanna be able to go to 1 percent so they could go up to the voters and say, ‘would you like us to increase it by 1 percent.’”
“Well, it says here if it’s a… if it’s a Home Rule community they can do this anyway, correct?”
“If that’s the current law today, this does not change that. That’s correct.”
“All right. But it says if it’s a Home Rule… a non-Home Rule under 25 thousand without the approval of the tax… taxpayer, I mean, if it’s under 25 thousand and they’re a non-Home Rule they have to go to the voter for permission to do this.” 09400033.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Right. And that’s the law today. And that’s what they have to do if this passes. Nothing changes. Yeah, ya know what I mean. The Home Rule doesn’t have to go to referendum, non-Home Rule does. We’re not changing that, we’re keeping it exactly the way it is today.”
“But it does increase the threshold.”
“No. It… it increases nothing. What it allows the voters of that non-Home Rule community to increase it 1 percent instead of a ½ of percent. That’s up to them. All this allows it to do is to go on the ballot at 1 percent if there’s a referendum, if they pass it.”
“Is this intended for any other purpose?”
“No. None whatsoever. As a matter of fact, all the tax watchdogs group are… are okay with this Bill because it is a referendum and it does have to go to the voters. Exactly what we tried to accomplish when we passed this 10 years ago. That’s why they have no problem with the Bill.”
“Well, what are we trying to accomplish with this? What… what is the purpose?”
“What the… what these non-Home Rule communities are telling us, is they can only put on the ballot a ½ of percent now. And when they want certain projects and they wanna bring it to the voters a ½ of percent doesn’t get it done, 1 percent will get it done because of inflation and that’s what they’d like to do. So they would like to go to the voters and be able to say, ‘we’d like to go ¾ of a percent, 1 percent.’ But again, because of what we decided 10 years ago, only the voters through a front door 09400033.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 referendum, open and honestly, can increase the way it is. And that’s what we decided to do and it’s been good law ever since.”
“Okay. Thank you, Representative.”
“This is on the Order of Short Debate. We’ll have Representative Eileen Lyons close.” Lyons, E.: “Thank you, Mr. Speaker. I rise in support of this legislation. It is an effort to help municipalities cope with their tight budgets and give them a authority to raise it from a ½ percent to 1 percent. But the important part that we all have to remember is, they must ask the voters. This is done by… done by a front door referendum. And I would urge your support.”
“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 Granberg. Mr. Clerk, take the record. Representative Molaro, would you like to put this on Postponed Consideration?”
“Yes. Thank you.”
“Okay. On page 32 of the Calendar is House Bill 3757. Mr. Clerk, would you read the Bill.”
"House Bill 3757, a Bill for an Act concerning the fire truck revolving loan. Third Reading of this House Bill.”
“Representative Moffitt.” 09400033.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 3757 would continue the fire truck revolving loan program that we passed here in the General Assembly. It would reauthorize the program and would protect the fund. Another change that it makes is just because there was a change in the administration of the program, it provides that the continuation and reenactment of the program which was formerly administered under the Rural Bond Bank, which no longer exists, would now be administered by the Illinois Finance Authority and the State Fire Marshal. We had… this is a very successful program. We had almost five times the number of applicants as what we had money. And I just want to take this opportunity to compliment and commend the State Fire Marshal of the State of Illinois, J.T. Summers(sic-Somer) and his staff for the way they went about awarding the loans. They… they went out of their way to… as we directed, to make this objective, to make sure that the loans were spread around the state and went to the departments that needed the most help. And I just… the State Fire Marshal deserves a lot of credit for the way they carried it out. Be happy to entertain any questions you might have.”
“The Gentleman has moved for passage of House Bill 3757. 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, 09400033.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 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. On page 31 of the Calendar is House Bill 3651. Mr. Clerk, would you read the Bill.”
"House Bill 3651, a Bill for an Act concerning highways. Third Reading of this House Bill.”
“Representative Meyer.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3… 3651 corrects a problem which was inadvertently created in 1979. This Bill does not add any new tax or increase any existing tax. In 1979 three different Public Acts were adopted to amend the Highway Code sections relating to township road district taxes. In 2005 an Appellate Court ruled that the 1979 Public Acts were inconsistent and that one Public Act inadvertently repealed one of the others which had provided that township taxes approved at the annual meetings after April 3 of 1979 were in… were valid until repealed. The Appellate Court ruled… ruling has effect of invalidating certain road district taxes. House Bill 3651 validates the taxes levied in those years which were impacted by the courts later ruling as extended under the 1979 legislation and provides that such taxes that have been levied in the past are not to be treated as new taxes if we authorize an annual town meeting in accordance with Township Code. And the Township Government Association is in favor of this.” 09400033.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“The Gentleman has moved for the passage of House Bill 3651. This is on the Order of Short Debate. Does anyone stand in response? 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? Have all voted who wish? Representative Bassi, Beaubien. Mr. Cler… Parke. Mr. Parke, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 62 voting ‘yes’ and 48 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 15 of the Calendar is House Bill 2347. Mr. Clerk, would you read the Bill.”
"House Bill 2347, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Nekritz, has been approved for consideration.”
“Representative Nekritz on the Amendment.”
“Thank you, Mr. Speaker. There… this is a Bill to do with excessive diesel engine idling. And there are a list of exceptions to the restrictions that we are placing on in the underlying Bill and this Amendment simply adds to that list of restrictions or the list of exceptions.”
“Okay. The Lady moves for the adoption of Floor Amendment #2. Is there any discussion? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?” 09400033.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"No further Amendments. All notes have been filed.”
“Third Reading. On page 17 of the Calendar is House Bill 2492. Mr. Clerk, would you read that Bill for Representative Mulligan.”
"House Bill 2492, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mulligan, has been approved for consideration.”
“Representative Mulligan.”
“Thank you, Mr. Speaker. The Amendment clarifies that advance practice registered nurses performing ultrasounds may do so only in conjunction with a collaborative agreement. And it adds physicians assistant to the list of individuals who will be authorized to administer an ultrasound.”
“The Lady has moved for the adoption of Floor Amendment #1. Is there any discussion? 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.”
“Okay. Third Reading. On page 20 of the Calendar is House Bill 2696. Mr. Clerk, would you read the Bill.”
"House Bill 2696 has been a read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Munson, has been approved for consideration.” 09400033.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Representative Munson.”
“Thank you, Mr. Speaker. Amendment 1 strengthens the underlying Bill by further defining ‘identity theft report’. Requiring that a fraud alert be placed on a consumer’s credit file. And by requiring that a person’s identity and address must be established to the satisfaction of the credit or utility services.”
Speaker Hannig: “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. The Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. On page 8 of the Calendar is House Bill 920. Mr. Clerk, would you read the Bill.”
"House Bill 920 has been read a second time, previously. Amendment #1 was approved in committee. A fiscal note has been requested but not yet received.”
Speaker Hannig: “Okay. So, we’ll have to hold that, Representative Meyer(sic-Myers), for the fiscal note. On page 29 in the Calendar is House Bill 788. Mr. Clerk, would you read the Bill.”
"House Bill 788, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“Representative Lou Jones. Is the Lady in the chamber? Oh, Representative Jones.”
“Thank you, Mr. Speaker, Members of the House. House Bill 788 amends the State Finance Act to create a rigin… Regional Epilepsy Center Grant-in-Aid Fund, funded by a new 09400033.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 state income tax checkoff. It create… also requires the Department of Public Health to assist in the development and expansion of programs for the care and treatment of persons suffering from epilepsy. And I’ll answer any questions.”
“The Lady has moved for passage of House Bill 788. 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… Representative Osmond, would you like to be recorded? Representative Leitch. 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. Mr. Clerk, would you read the Rules Report.”
Clerk Mahoney: "Rules Report. Speaker Michael Madigan, Chairman from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on April 05, 2005, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #2 to House Bill 245, Amendment #4 to House Bill 399, Amendment #2 to House Bill 402, Amendment #2 to House Bill 438, Amendment #2 to House Bill 483, Amendment #1 to House Bill 793, Amendment #1 to House Bill 911, Amendment #1 to House Bill 923, Amendment #1 to House Bill 990, Amendment #2 to House Bill 1098, Amendment #1 House Bill 1261, Amendment #2 to House Bill 09400033.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 1272, Amendment #1 to House Bill 1350, Amendment #1 to House Bills 1351, Amendment #2 to House Bill 1633, Amendment #2 to 2412, Amendment #1 to House Bill 2487, Amendment #1 to House Bill 2492, Amendment #2 to House Bill 2500, Amendment #1 to House Bill 2536, Amendment #1 to House Bill 2543, Amendment #1 to House Bill 2580, Amendment #1 to House Bill 2594, Amendment #1 to House Bill 2690, Amendment #1 to House Bill 2696, Amendment #1 to House Bill 3480, Amendment #1 to House Bill 3526, Amendment #2 to House Bill 3564, Amendment #1 to House Bill 3606, Amendment #2 to House Bill 3674, Amendment #1 to House Bill 3724, Amendment #1 to House Bill 3749, and Amendment #1 to House Bill 4049.”
“On page 9 in the Calendar is House Bill 1061. Mr. Clerk, would you read the Bill. Okay. Let’s take that out of the record at the request of the Sponsor. On page 7 of the Calendar is House Bill 793. Mr. Clerk, read the Bill.”
"House Bill 793 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Osterman, has been approved for consideration.”
“Representative Osterman.”
“Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #1 removes the crime of disorderly conduct from a list of new crimes that when present, domestic violence cases, the victim of the… in the case may seek an order of protection. This is a recommendation that came 09400033.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 out of the Judicial Committee and from the Senate Sponsor. And I would ask for its support.”
“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. On page 31 of the Calendar is House Bill 3680. Representative Patterson, do you want us to read that Bill? Mr. Clerk, read the Bill.”
"House Bill 3680, a Bill for an Act concerning schools. Third Reading of this House Bill.”
“Representative Patterson.”
"Mr. Speaker, I present to you House Bill 3680 which is as follows, it amends the portion of the School Code dealing with school districts that must provide free transportation to students who live within 1½ miles of the school. School districts must provide transportation to such schools where it has been determined that walking constitutes a serious health hazard and safety hazard. School districts are then reimbursed by ISBE for the cost of providing such transportation. Currently, the de… the determination of whether or not a serious safety hazard exists is made by the school board, then reviewed by the Department of Transportation, IDOT. If a hazardous condition is determined to exist the school board must review the conditions annually, and annually certify to the state superintendent whether or not the hazard still 09400033.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 exists. House Bill 3680 removes the requirement that the board’s determination be certified to the state superintendent, though the superintendent may still request that IDOT verify the board’s decision.”
“The Gentleman has moved for the passage of House Bill 3680. This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. I certainly don’t rise in opposition of the Bill. Just one quick question of the Sponsor.”
“He indicates he'll yield.”
“Representative, I’m just in a nitpicking mood today.”
"Okay.”
“Not very happy… not very happy with the game last night, but a tremendous season for the university and a tremendous basketball team. But you know, we… we often use words on this floor like free transportation. And there’s no more… no greater misnomer than the fact that transporting school children is free. It’s in the millions and millions of dollars in state aid and also in local tax effort. I… I think your Bill is a good one. I think it’s well thought out. My only fear is and since none of the people who are currently in education seem to be concerned about it I… I intend to vote ‘aye’. But when you redetermine the… the roots or the hazard… the hazardness, for lack of a better word, those… those claims are generally a year behind. And my only fear, when I first 09400033.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 read this, was that it could cost the school or… or give a school less money in the coming year than they had the year af… prior. But I… I think it would be a relatively minor amount of money. But that fact is out there. And I… I know if it becomes a problem you’ll take care of it. It’s a… I think it’s a reasoned Bill. I congratulate ISBE for bringing it forward. But would just like all of us to remember that transporting school students is a rather large part of the… of the overall state budget to education and also the local schools’ budget. But I… I think ISBE’s right on target and I appreciate you carrying the Bill.”
"Thank you, Representative.”
“The Gentleman has moved for the adopt… for the passage of 3680. Representative Monique Davis. This is on Short Debate. Do you wish to speak?” Davis, M.: “I wish to ask a question.”
“Okay.” Davis, M.: “That’s why we’re here.”
“The Sponsor will yield. The Sponsor will yield.” Davis, M.: “Thank you. Will the Sponsor yield?”
"Yes.” Davis, M.: “Representative, my… according to what I’ve read here, the Illinois State Board of Education is the one that’s promoting this legislation, is that correct?”
"That… that’s correct, Representative.” Davis, M.: “So, does this Bill mean that a school district will no longer have to submit this information to the state? 09400033.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 That the school board just makes a determination on their own?”
"Well, what it really means is that they no longer have to wait for the certification process to come up. The superintendent still is in charge of it. It lessens the length of time for the paperwork to pass through. It will make the process even ex… expeditious.” Davis, M.: “Well, what paperwork will have to pass through if they don’t need the superintendent’s certification? What paperwork will they have to do at all?”
"The IDOT would just simply go out, verify along with the officials for that particular school district, certify that it’s needed, and then send the appropriate paperwork rather than to wait for certification to go through the normal administrative or bureaucratic process.” Davis, M.: “Please allay my fears. Here’s my concern. You know, in Chicago with a number of new schools being opened and a number of being closed…”
"Right.” Davis, M.: “…I wonder what effect will this legislation have on the student travel?”
"I think it would make it… it would… it would speed the process up in Chicago. For example, let’s assume they shut down a elementary school in your district, rather than waiting for certification, a principal of the school will then contact an IDOT official, the IDOT official will come out, say yes, there is a problem at this railroad crossing, these children cannot walk this way, confirm it with 09400033.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 paperwork and then the school board would have to provide transportation for that… those children.” Davis, M.: “So, we as parents don’t have to be concerned that this will leave no one really responsible, ya know, we’ll just say, ‘well, the principal made this decision.’”
"Oh, and… and the appropriate IDOT official will make the… the determination. It just simply removes the bureaucratic process of getting a person out…” Davis, M.: “That’s what we do here, Sir. This is what we do, bureaucratic processes.”
"Well, no, I’m… I’m talking about a different type. I’m not talking about as State Legislators. For example, if you were an administrator of a certain department, a… a director of a certain department, if that director is on vacation the process shuts down. If it’s a city department, if the commissioner is on vacation, that process may… sh… may shut down. It just simply removes the certification process, that portion that creates an extreme amount of paperwork, and adds time to the process to make sure our children are able to have safe transportation to and from school.” Davis, M.: “Okay. Currently, they receive bus transportation if they’re how far from the school?”
"I think it’s greater than 8 blocks.” Davis, M.: “So, that’s a mile right? So, if it’s over a mile they currently can get bus service?”
"I think if… if you’re referring to Chicago, I think it’s over 7 blocks, 6½ to 7 blocks.” 09400033.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Davis, M.: “Your Bill is increasing that distance to a mile and half, is that correct?”
"What you’ll find is that usually when they map out walking distances from ch… for children, they do not take into consideration railroad crossings where they may have to go a block north, block south to go around that railroad crossing. You have an administrator sitting in the office mapping it out in straight lines and not actually walking it. So, therefore, in many instances, where an administrator may think that it is only 7½ blocks, it could be 9½ blocks.” Davis, M.: “So, your Bill is stating that if a student… not a mile or 7 blocks, but now if it’s a mile and a half, they get… they can get bus transportation?”
"The… the Bill is stipulating that wherever it is determined by the school official of that district and IDOT, that walking creates a hazardous walking condition for the children, they’re to provide transportation.” Davis, M.: “I will support your Bill. Thank you, Representative.”
"You’re welcome, Representative.”
“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 Joyce. 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. On 09400033.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 page 30 of the Calendar is House Bill 1109. Mr. Clerk, would you read the Bill.”
"House Bill 1109, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
Speaker Hannig: “Representative Pihos, you’re recognized on House Bill 1109.”
“Thank you, Mr. Speaker and Members of the House. House Bill 1109 amends the Criminal Code of 1961 and is cleanup language. It provides that a person who unlawfully delivers a controlled substance to another and any person’s death is caused by the injection, inhalation, or ingestion of any amount of that controlled substance, commits the offense of drug-induced homicide. The reason for the change is to provide clarity in the law relating to drug- induced homicide. The causation language is the same as the other homicide language in the law. And I would certainly be happy to answer any questions. Otherwise, I ask for your ‘yes’ vote.”
“And this is on the Order of Short Debate. Does anyone stand in response? 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 Giles, 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 09400033.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 passed. On page 20 of the Calendar is House Bill 2697. Mr. Clerk, read the Bill.”
"House Bill 2697, 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. On page 24 of the Calendar is House Bill 3643. Mr. Clerk, read the Bill. Okay. I… I’m advised by the Clerk that there is a request for notes, Representative Pritchard. So, we’ll have to hold that one, yeah. On page 29 of the Calendar is House Bill 984 for Representative Phelps. Mr. Clerk, read the Bill.”
"House Bill 984, a Bill for an Act concerning infants who are born alive. Third Reading of this House Bill.”
“Okay. That’s out of the record at the request of the Sponsor. On page 30 of the Calendar is House Bill 2407. Representative Reitz, do you want us to read that Bill? Mr. Clerk, read the Bill.”
"House Bill 2407, a Bill for an Act concerning finance. Third Reading of this House Bill.”
“Representative Reitz.”
“Thank you, Mr. Speaker. House Bill 2407 is the initiative of the Department of Agriculture. This just cleans up some language for the coun… it’s in re… in regards to the county fairs. And I’d be happy to answer any questions.” 09400033.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“This is on the Order of Short Debate. Does anyone speak in opposition? 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 Giles, would you like to be recorded? Representative Jefferson. Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 32 of the Calendar is House Bill 4052. Mr. Clerk, read the Bill.”
"House Bill 4052, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“Representative Reis.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This legislation comes from the tragedy that occurred in Mi… that State of Missouri last year where an expectant mother was brutally strangled and her 8-term… month baby was cut from her womb. Basically, what House Bill 4052 does is creates… amends the Criminal Code to create the offense of heinous battery of an unborn child. We do have a law in Illinois for offenses of intentional homicide of an unborn child, however, these penalties are just a Class A misdemeanor and this type of heinous crime deserves a stronger penalty. House Bill 4052 is a Class X felony. And I do want to point out that this… this offense, as with other offenses I named, does not deal with acts committed during any abortion to which a woman has 09400033.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 conc… can… consented. I ask for your ‘aye’ vote. And be happy to answer any questions.”
“Okay. This looks like it’s got some interest, Representative Reis. So, we’ll… we’ll remove this from the Order of Short debate, put it on the Order of Standard Debate. And on that question, Representative Fritchey is recognized.”
“Thank you, Speaker. Will the Sponsor yield?”
“He indicates he'll yield.”
“Representative, I commend you for what you’re trying to do and the regrettable situations that have led to the need for legislation like this. Without delving into it too much, I… I’ve got an issue and I’ll have to hear it in this form ‘cause I don’t have time to come over and see you about this and that is the viability Section that you’ve got here in paragraph 3. I… I would submit to you, Representative, that legislation is going to be coming before this Body that’s gonna touch on this issue. And the issue of defining ‘viability’ is a tricky one. It has broader implications. I… I don’t know that there’s a sense of urgency. I… I would ask you and I’m… I’m truly not trying to get in the way of this at all. If you would pull this out of the record so I could come and speak to you. And if we can… and at least just have a conversation. If you wanna bring it back, you can do that. But there’s a complication here, potentially, I’d like to talk to you about.” 09400033.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"Okay. Representative, we passed this Bill quite a while ago. It went out of committee unopposed. We had lots of time, we had break. What is your… what is your concern with paragraph 3 and viability?”
“It’s a yet… can I… can I come and speak to you about this? Will you pull it out or not?”
"Okay.”
“I mean, if you won’t, I’ll accept that. But…”
“Here, we’ll… we’ll take… we’ll take it out of the record at the request of the Sponsor.”
“Thank you.”
Speaker Hannig: “And we’ll get back to you shortly, Representative. So, that’s out of the record at the request of the Sponsor. On page 6 of the Calendar is House Bill 740 for Representative Ryg. Mr. Clerk, read the Bill.”
"House Bill 740, a Bill for an Act concerning public aid. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. All Motions have been filed.”
“Third Reading. On page 26 of the Calendar is House Bill 3806. Mr. Clerk, would you read the Bill.”
"House Bill 3806, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Representative Schmitz, do you want that to go to Third? No. Okay. Let’s take that out of the record at 09400033.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 the request of the Sponsor. Representative Schock on House Bill 2515. That’s on page 18 of the Calendar. Mr. Clerk, would you read the Bill. Okay.”
"House Bill 2515, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was proved… approved in committee. No Floor Amendments. All Motions have been filed.”
“Okay. We’ll move that to the Order of Third Reading. Is that correct? Third Reading. Okay. On page 23 of the Calendar is House Bill 3511 for Representative Stephens. Representative Stephens, do you wish us to call this Bill? Mr. Clerk, read the Bill.”
"House Bill 3511, a Bill for an Act concerning substance abuse. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Representative Stephens, do you wish this to go to Third Reading? From Second to Third? Mr. Clerk, Third Reading. On page 22 of the Calendar is House Bill 3471 for Representative Soto. Mr. Clerk, read the Bill.”
"House Bill 3471, a Bill for an Act concerning employment. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 32 of the Calendar is House Bill 4020. Mr. Clerk, would you read the Bill.”
"House Bill 4020, a Bill for an Act concerning criminal law. Third Reading of this House Bill.” 09400033.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
Speaker Hannig: “Representative Sullivan. Representative Sullivan, you’re up on House Bill 4020.”
“Thank you, Mr. Speaker. House Bill 4020 amends the Criminal Code, allows for civil penalties for those who trespass on land and other… and land with a motor vehicle. Makes a parent or legal guardian responsible for damages done to real property caused by the man… by the minor. This is an agreed Bill between ABATE, The Nature Conservancy and the… and the Farm Bureau. And at this point the Sierra… the Sierra Club is tapping one of their local lobbyists to review the legislation, but they have not got back to me. I’d be more than happy to answer any questions.”
“Okay. The Gentleman has moved for the passage of House Bill 4020. This… this is on the Order of Short Debate. Does anyone stand in response? 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 Giles, 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. On page 29 in the Calendar Representative Sullivan has House Bill 782. Okay. Let’s take that out of the record at the request of the Sponsor. On page 32 of the Calendar is House Bill 3687 for Representative Smith. Mr. Clerk, read the Bill.” 09400033.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 3687, a Bill for an Act concerning safety. Third Reading of this House Bill.”
“Representative Smith.”
“Thank you, Mr. Speaker. Could we take this back to Second for an Amendment?”
“Okay. We’re gonna return that then from the… to the Order of Second Reading at the request of the Sponsor. On page 26 of the Calendar is House Bill 3763 for Representative Art Turner. Mr. Clerk, read the Bill. 3763. It’s on Second Reading.”
"House Bill 3763, a Bill for an Act concerning revenue. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 29 in the Calendar is House Bill 747. Representative Wait, would you like us to read that Bill? Mr. Clerk, read the Bill.”
"House Bill 747, a Bill for an Act concerning minors. Third Reading of this House Bill.”
“Representative Wait.”
“Thank you, Mr. Speaker, Lady(sic-Ladies) and Gentlemen of the House. Yeah, House Bill 747 is a Bill that we had last year. I think it got a hundred and fifteen votes. It just makes… says that it’s illegal for minors to… to not only to buy and sell, but it’s illegal to possess cigarettes. Shows that as long as we can stop minors from smoking, chances of ‘em smoking are… are much reduced. I’d appreciate any questions.” 09400033.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“This is on the Order of Short Debate. Does anyone stand in response? 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 and Representative Flowers, 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. On page 7 of the Calendar is House Bill 822. Mr. Clerk, would you read the Bill.”
"House Bill 822, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. All Motions have been filed.”
“Okay. Let’s remove that… let’s take that out of the record. The Gentleman is excused today. On page 28 of the Calendar is House Bill 270. Mr. Clerk, would you read the Bill for Representative Jim Watson.”
"House Bill 270, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“Representative Watson.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 270 simply increases the exemption for disabled veterans on their… on their housing. They have to be eligible for a housing grant to… to get this. There are approximately 346 veterans that would be eligible for this 09400033.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 exemption. And I’d be happy… more than happy to answer any questions.”
“Okay. This is on the Order of Short Debate. Does anyone stand in response? 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 111 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 29 in the Calendar is House Bill 672. Mr. Clerk, would you read that Bill. Repre…”
"House Bill 672, a Bill for an Act concerning health. Third Reading of this House Bill.”
“Representative Yarbrough. Repre… do you wish us to call this Bill at this time? Okay. Let’s take it out of the record at this time. On page 29 in the Calendar is House Bill 1056. Mr. Clerk, would you read the Bill.”
"House Bill 1056, a Bill for an Act to create the Illinois African-American Peace Brigade. Third Reading of this House Bill.”
“Representative Younge.”
“Quick. Thank you, Mr. Speaker. House Bill 1056 would establish the African-American Peace Brigade Act which would set up a volunteer corps to help urban inner-city youth with their studies and with their low tests and create a corps to… to serve in Africa to help struggling nations there. The Senate… the Committee Amendment which 09400033.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 was adopted would satisfy a concern in reference to this not being a new department of government. And the council that is set up under the Bill would not be compensated. I move for the passage of the Bill.”
“Okay. The Lady moves for passage of House Bill 1056. This is on the Order of Short Debate. Who would like to stand in response? Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she'll yield."
“Thank you. Representative, your Amendment has taken out compensation for members of the Peace Brigade, is that correct? They no longer get compensated?”
“A council is set up by the… by the…”
“Representative, just yes or no. Do they… are they gonna be compensated any longer?”
“There will be no compensation under the Bill.”
“Will there be paid… will they be paid travel and expenses and dinner and lodging?”
“Only by an… an exact appropriation. Not under this Bill. That would have to be a separate appropriation.”
“Is this just for East St. Louis, or is this for anywhere in the State of Illinois, or is this just for inner-city Peace Brigades? Will they only be in the inner cities or will they be all over the State of Illinois?”
“It would be all over the State of Illinois to focus in on urban inner-city areas where the tests…”
“Mr. Speaker, I… Mr. Speaker.”
“Yeah.” 09400033.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“I’d like to hear the Lady’s response, but it’s so noisy I cannot hear.”
“The… the Bill applies all over the State of Illinois, particularly in urban inner cities where test scores are lower than they should be. It would send volunteers in to help struggling students to improve their… their test scores.”
“Well, why… why wouldn’t they… why wouldn’t a co… a community just simply organize something like this? Why do we have to have it on a state level?”
“Well, to have it on the state level gives credibility and force behind it. I think that we have a very difficult situation in reference to the low test scores in the schools. And for volunteers to come in and to tutor and to mentor these young boys and girls will greatly improve the test scores. And I… I think it’s worth doing.”
“All right. To the Bill. Ladies and Gentlemen, the Sponsor of this legislation is in keeping with the… the 21 years I’ve served down here it’s one Bill after another that she has put in to represent her constituency as she should, I commend her for that. But this is a huge appropriation Bill. It says it’s subject to appropriation. Well, there’s gonna be volun… this… you can set up these Peace Brigades all over the State of Illinois. The volunteer living, travel, leave allowances, any housing, transportation, supplies, equipment, substance, and clothing, foreign country volunteer readjustments, volunteer application for enrollment as volunteers, minor 09400033.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 children of volunteers living, traveling, educating, and leaving allowances and any housing, transportation, substance, clothing, health care, language training and all other benefits secured to volunteers. Ladies and Gentlemen, we can’t afford the Lady’s legislation. Well intended, I believe that we don’t need this Bill. If we’re gonna do it then I would suggest to the Sponsor is that she simply gets the communities that she represents to establish just what she’s talking about and let the local municipal government allocate all these revenues if they wish to do this. But to set this up… this… and to… to set it up in a way that there’s no funding source. There is currently no funding source for his legislation, it’s just subject to appropriation. As much as I know that the Sponsor likes these kinds of ideas, I don’t think the state, especially in the time that we have now, can afford this. And I rise in opposition to the Lady’s Bill.”
Speaker Hannig: “This is on the Order of Short Debate. Representative Younge has introduced the Bill. Representative Parke has spoken in response. And Representative Younge is recognized to close.”
“I think this is important to do. It is important for us to make available volunteers to go in to the inner cities of Illinois to help students with their… with their studies. This is not an appropriation Bill. This is a substantive Bill. And the question of… of funding is a question at a different time and… and I think it’s 09400033.doc 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 important to help these students. And I ask for your support in this matter.”
“The Lady has moved for the passage of House Bill 1056. And 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 Biggins, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 99 voting ‘yes’, 5 voting ‘no’ and 7 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed.”
“Representative Turner in the Chair. On the Order of Third Readings we have House Bill… on the Order of Second Readings we have House Bill 923. Read the Bill, Mr. Clerk.”
"House Bill 923, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Acevedo, has been approved for consideration.”
Speaker Turner: “The Gentleman from Cook, Representative Acevedo on Amendment #1.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I ask for adoption of Amendment #1 to House Bill 923, which basically deletes all of pages 3 through 10. And on page 11 deletes line 1 and 12. This legislation deals with enhancing the penalties for criminal offenses of 09400033.doc 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 first-degree murder, treason and aggravated kidnapping. This part that I am removing has to do with the Department of de… of Corrections, who… the amount that this… part of this legislation would cost the… the state was… the amount was too enhancing for DOC to cover this year in this budget fiscal year, so I’m gonna remove that part.”
Speaker Turner: “The Gentleman moves for the adoption of… Seeing no questions, the question is, 'Shall the floor adopt House Amendment #1 to House Bill 923?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. No… The Gentleman asks leave for the adoption of Floor Amendment #1. All those in favor should say ‘aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted. Mr. Clerk, further Amendments?”
Clerk Mahoney: "No further Amendments. A note has been requested but not yet received.”
“The Bill will remain on Second until the note is received. On the Order of Third Readings, page 30 of the Calendar, we have House Bill 1397. Representative Collins. Read the Bill, Mr. Clerk.”
"House Bill 1397, a Bill for an Act concerning children. Third Reading of this House Bill.”
“Thank you, Mr. Speaker. House Bill 1397 just allows that DCFS set up a plan that we can all work together, so that we can bring all the agencies from the community together to work together to form a plan for each individual child. And I ask for an ‘aye’ vote.” 09400033.doc 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Chairman. Rather than an inquiry of the Chair, I’ll just ask the Sponsor if she’ll yield.”
“She indicates she will."
“Representative, it’s our understanding that you agreed to hold this Bill on Second, pending an Amendment with… to be worked out between you and DCFS. We… we see no such Amendment. We’re not convinced that that agreement that you made has been satisfied.”
“Yeah, DCFS and I did have an agreement that we was just gonna work out the technical parts of how this was gonna happen. Because they’re already doing it now. So, they weren’t objecting to it… to the Bill.”
“Well, I… I think…”
“And I don’t know that we were gonna work out an Amendment. I know that we were gonna…”
“I… I think if you’d…”
“…work out the details.”
“I think if you’d listen to a tape of the committee meeting you said you would hold this Bill on Second Reading until you could work out an Amendment with the agency. That… that’s our understanding.”
“Okay. Then I’ll talk back to DCFS to make sure that everything’s okay.”
“We would appreciate that very much, Representative. Mr. Speaker, we certainly have no problem with what she’s 09400033.doc 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 trying to do. If you could move the Bill back to Second, if she could get with DCFS I think an Amendment could be hammered out rather quickly. And then I would be more than pleased to vote for the Lady’s Bill.”
“The Lady asks to take…”
“Umm…”
“Representative Collins.”
“Yes, Mr. Speaker, we… there is an Amendment pending. I just forgot about it. So, could you take this Bill back to Second. And then we’ll hold it on Second until the Amendment is ready. Thank you, Mr. Black, for reminding me.”
“The Lady asks leave to bring the Bill back to Second Reading. Leave is granted. On page 29 of the Calendar, Third Reading, we have Rep… House Bill 672. Representative Yarbrough. Read the Bill, Mr. Clerk.”
"House Bill 672, a Bill for an Act concerning health. Third Reading of this House Bill.”
“Take the Bill out of the record. On page 15 in the Calendar we… Second Readings, we have House Bill 2355. Representative Brauer. Read the Bill, Mr. Clerk.”
"House Bill 2355, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. All Motions have been filed.”
“Third Reading. On the Order of… page 19 of the Calendar, on the Order of Second Readings, we have House Bill 2566. Read the Bill, Mr. Clerk.” 09400033.doc 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 2566, a Bill for an Act concerning veterans. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 28 of the Calendar, on the Order of Third Readings, we have House Bill 497. Read the Bill, Mr. Clerk.”
"House Bill 497, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“The Gentleman from Montgomery, Representative Hannig.”
“Yes, thank you, Mr. Speaker and Members of the House. As amended, this Bill provides that subject to appropriation that the State of Illinois can make grants to veterans’ service organizations for the purposes of helping those organizations provide assistance to veterans. There’s a requirement in the Bill that sits… spells out the eligibility of which agencies, that is which veterans’ service groups would be entitled. And there’s also pr… a provision in the Bill that provides that none of these grants can be used to replace or supplement services provided by state employees. And that was at the request of AFSCME. So, that’s what the Bill does. I’d be happy to answer any questions. And I’d ask for your ‘yes’ vote.”
“Seeing no questions, the Gentleman moves for the adoption of House Bill 497. All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jenisch. The 09400033.doc 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Clerk shall take the record. On this question, 111 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 31 of the Calendar, Third Readings, we have House Bill 2598. Representative Dunkin. Read the Bill, Mr. Clerk.”
"House Bill 2598, a Bill for an Act concerning child support. Third Reading of this House Bill.”
“Thank you, Sir.”
Speaker Turner: “The Gentleman from Cook, Representative Dunkin.”
“Can you… can you come back? Thanks.”
“The Gentleman asks to take the Bill out of the record. The Gentleman from Cook, Representative Molaro, for what reason do you rise? The Gentleman asks leave to suspend the posting requirements.”
“That’s exactly what I’m asking, Mr. Speaker.”
“On House Bill 3504 and House Bill 3507.”
“Yes. That… that’s what I’d be asking. Leave of the Body.”
“Leave of the Body.”
“Those two Bills to be heard tomorrow at 9 a.m. for Jud II.”
“The Gentleman asks leave. All those in favor should say ‘aye’; opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And leave is granted. Mr. Clerk, could you tell me the status of House Bill 3467?” 09400033.doc 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
Clerk Mahoney: "House Bill 3467 is on the Order of Third Reading.”
“The Gentleman asks leave to bring it back to Second. Can you tell me the status of House Bill 3851?”
Clerk Mahoney: "House Bill 3851 is on the Order of Third Reading.”
“The Lady asks… or the Gentleman asks leave to bring it back to Second Reading. Can you tell me the status of House Bill 3485?”
"House Bill 3485 is on the Order of…”
“That Bill shall remain on Second. And what is the status of House Bill 654, Mr. Clerk?”
"House Bill 654 is on the Order of Postponed Consideration.”
“Mr. Clerk, put House Bill 654 on the Order of Second Reading. The Gentleman from McHenry, Representative Franks, for what reason do you rise?”
“A parliamentary inquiry.”
“State your inquiry.”
“Is there… is there any way that when you’re gonna be moving a Bill back from Third to Second that you actually put the Amendment on at this time before it goes to Second? Or does it need to go to Second first and then do the Amendment?”
“The Bill has to be in… on the Order of Second before you can amend it.”
“Oh, okay.”
“You cannot amend the Bill on Third Reading.” 09400033.doc 104 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Thank you.”
“On page 31 of the Calendar, on the Order of Third Readings, we have House Bill 2598. Representative Dunkin.”
"House Bill 2598, a Bill for an Act concerning child support. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Dunkin.”
“See if you can bear with me one moment, Mr. Speaker. I’ll make this quick. House Bill 2598 simply allows the child support unit to apply standard… the standards in Section 510 of the Illinois Marriage and Dissolution of Marriage Act. And it allows for the individual who is serving in active duty overseas for 30 days or more to have his child support payments adjusted accordingly to… based on his or her military monthly allocation. And I would encourage an ‘aye’ vote. Thank you.”
Speaker Turner: “The Gentleman from Bond, Representative Stephens, for what reason do you rise?”
“Will the Gentleman yield.”
“He indicates he will.”
“Thank you, Representative. Just a point of clarification. You’re talking about someone who has civilian employment, winds up in the military?”
“Correct.”
“And winds up making less money, is that the presumption?”
“Yes, Sir, correct.” 09400033.doc 105 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“And what if they’re active duty military… what if they’re currently active duty military…”
“Yes.”
“…go overseas and thus qualify for your Bill the… they, of course, if they’re going to an overseas assignment, especially if it’s a combat zone, then I guarantee you they’re all gonna be making more money, hazardous duty pay, no state tax, et cetera.”
“Well, what this Bill does for an individual who is serving active duty, whether you’re a National Guard, whether you are in the Air Force, Navy, Army, if you’re paid, if the dollars here are adjusted whereas let’s say in the civilian life you were making $5 thousand…”
“Okay.”
“…and when you’re in the military you start making about $2 thousand, this Bill allows the individual to make… to make payments adjusted towards the new monies that he or she’ll be making while they’re serving.”
“Let me just ask for one point of clarification. Your Bill actually uses the language ‘lower pay’?”
“The Bi… I’m sorry, I’m not hearing you for some reason.”
“Does your Bill actually los… use the language ‘lower pay’?”
“No. What it does is it adjusts the pay according to the military, whatever your military pay is. So, if it’s more, you pay more. If it… if it’s less, you pay less. 09400033.doc 106 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 And this allows the Department of Public Aid to make that adjustment.”
“Doesn’t that occur anyway?”
“Actually it doesn’t.”
“It does?”
“From… from my understanding it doesn’t occur anyway. It’s not automatic.”
“Okay. Thank you.”
“Thank you.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, is the Department of Public Aid gonna pick up the difference between the reduction in the child support and what the gentleman has been paying, or the woman has been paying?”
“You’re saying will they pick up the difference?”
“Right.”
“No. You know, that hasn’t… that hasn’t…”
“All right. So, you’re overseas fighting and you’re getting less money but your kids are at home and they’re still eating.”
“Yes.”
“How do you think you’re gonna reduce child support payments and are they ever gonna have to catch up? Now, ya know, we’ve gone overboard in helping the military and I can understand if there’s less money. But they’re probably 09400033.doc 107 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 getting room and board, they’re getting their food. And the kids at home or the mom at home still has to put a roof over the kids’ head, still has to pay for shoes for school and still has to have food to feed the kids. So, you’re reducing it, what are they supposed to do?”
“Well, again, it’s not necessarily reducing it. It’s adjusting it to, again, if you’re making more money, let’s say as a second lieutenant while you’re in the military it’ll adjust it upwards, obviously. And if you’re making less it will adjust it to the… the current standards of someone making a lower amount or a particular amount. So, quite frankly, whether you were in the military or not, if you… if you had lost your job, let’s say working as an exec… at IBM for example, and you went to work for Burger King, this… your… your dollars would readjust itself anyway. You would file for a petition in court and you would pay according to what your current salary is at the current period in your life, whether really whether you’re in the military or not.”
“But aren’t some of the benefits that they receive such as housing, their food being covered, that may not be taken into consideration the way your Bill is drafted. How can you suddenly cut for a woman, ya know. I understand it’s something if you’re working for IBM and you lose your job. You go to court and you do whatever. But, in this instance and I don’t know how many people, I don’t think we should blanket do this to people who are supporting kids on a fixed amount of child support. Is there any way of 09400033.doc 108 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 recouping that money at a future date? Probably not. What does the person do if their rent is X and it costs so much for the kids shoes for the fall? DPA isn’t picking it up. I… I don’t know how you plan to cover this. And I can understand that we’re concerned about the fact that they make less money. But does your Bill take into consideration that there’s not… nonmonetary benefits? So, if you’re only making a thousand dollars a month, but you don’t have to pay for an apartment and you don’t have to pay for your own food because you’re serving somewhere, does your Bill take that into consideration when they’re deciding how much less a person, a woman, or the custodial parent will receive for those children? I mean, it’s… it’s not like we’re just giving them a benefit you can go to school, or we’re taking into account that you’re serving your country, that money is supporting kids that still have to eat, go to school and have a roof over their head. So, how do you compensate for that?”
“You know, Representative tha… that’s a very good question. What this Bill simply does is it brings the marriage and dissolutions, excuse me, the child support payments along line… along the lines, the same standards that we adjust child support payments for individuals who are in a… in a civilian life as we are today, for example. It simply does a… applies the same standard for an individual who is in the military. I mean, so again, if you’re working in a civilian life right now and you’re an executive and you lose your job next week, you’re gonna 09400033.doc 109 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 probably adjust your child support payments based on, you received unemployment or going to a job that’s paying lesser dollars. So, this Bill does not address the gap that one would… that one may lose in terms of an… an adjusted child support if… if it’s lowered. Or obviously, if it’s increased. So, all this simply does is it applies the same standards for individuals who are serving active duty in the military…”
“Representative…”
“…to individuals how are in civilian life.”
“…what’s… what’s the genesis of your Bill? Who… who brought this Bill to you?”
“This Bill was brought to my attention by an individual who represents males who are in the military, Jeffery Leving. He’s a famous child support father…”
“I have seen his face on television, yes.”
“Oh, okay, good.”
“And it would… it would be interesting that he would bring this Bill to you. Personally, I think the Bill is lacking a few pieces of legislation portions that would say, gee, we’re gonna take into account that they’re getting their housing, they’re getting their food, they’re get… they’re not… they’re not driving anywhere, they’re not going to the movies on Saturday night and so their cut in pay does not reflect adequately what they have to live in. But the dollars that you cut in child support, first of all how does the woman when they come home go back to getting the right amount? Does she have to go to court? Does she 09400033.doc 110 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 have to pay for a lawyer to go to court to change the Child Support Act?”
“I mean, it’s… how…”
“I don’t think this Bill is soup yet. Let’s put it that way.”
“Representative, I guess the other question is probably… or the answer would be, how does she a… adjust… deal with adjustments right now? You… you know, look, all this Bill…”
“Representative, in my other life a long time ago…”
“If you lose your job…”
“…I did marital settlement agreements for a law firm. And those issues are big issues. And, ya know, because the guy’s in the military or the woman’s in the military, she might be the one that’s paying child support for all I know. Ya know, let’s not be prejudiced here or sexist. But I think the problem is the kids are still at home eating, going to school, and having a roof over their head.”
“Yes.”
“And I think there’s few pieces missing here.”
“Yes. You… you know, Representative, I… the other part of this argument is you have… have individuals who are actively serving in the military and during a time of war, for example, what we’re going through right now over in Iraq and Afghanistan and I don’t think they’re… they’re really hanging out at the movies, I don’t think they’re going to the show…” 09400033.doc 111 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Right. But Mr. Leving is not over there…”
“No, and I think…”
“…supporting.”
“…I think.”
“His job is to look like he supports men in the child support area. And I think that most men that are there fighting for their country…”
“Or women.”
“…still want their kids to get those benefits at home. Because why are they over there fighting? They’re over there fighting for us and their children. I really think that you’re missing a few things here. Number one, once the gentleman comes home, how do you get the order reinstated? Who has to pay for that? Number two, do they take into account the benefits that they receive that don’t look… that aren’t salary? Ya know, like room and board, because…”
“Representative, it’s…”
“…they’re billywacked(sic-bivouacked) or whatever you call it somewhere. I… I just don’t understand how this is all gonna fall back into place. And the main problem that I see here is these kids are still home. Ya know, give the veterans’ education benefits. Give ‘em, ya know, a reduction on their property taxes. Do all this stuff, but I don’t see child support payments being reduced.”
“The Lady from Kane, Representative Lindner, for what reason do you rise?”
“Sponsor yield?” 09400033.doc 112 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“He indicates he will.”
“Yes. I agree with Representative Mulligan. I really think this Bill is flawed. Cert… certainly for any modification under Section 505, there has to be a hearing. And I don’t see… You say the department can make this decision while the military income may be less than the civilian income. In Section 505, you have to consider all sources of income to the person and we don’t know what those other sources of income are or if they have changed or not. So, how is the person who is not the petitioner going to, ya know, defend him or herself?”
“Right. Here’s what I like… Ya know, Representative, I… I think both you and Representative Mulligan have raised some very solid and interesting points and very valid points, quite frankly. And again, this legislation is not to hurt anyone. It’s to try to bring in… focus the… a person’s real income at the particular time, especially if they’re overseas in active military duty. And I believe that no one really wants to… to have their kids, es… especially if they’re ac… if they’re actively paying child support, that’s an indication that they are very much concerned, I would imagine, for their kids. And again, the reality is if… if you’re making $10 thousand when you are… when you are here as a civilian, and then when you go overseas and you’re making $3 thousand or less, ya know, I don’t think you should have the same standards of child support payments because you may be on… on the tour of duty for about 2 or 5 years. And then when you come back here 09400033.doc 113 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 in the states, then you’re in arrears. And then you’re… you’re paying back child support payment. And again, if this was… if this was you or I here paying child support, male or female and our incomes were adjusted here in this country we would, I mean, who would pick up the cost to that? The government wouldn’t pick up the cost. If your… if your far salaries change, if it’s lower or if it’s increased, the dollars will probably be adjusted accordingly to a respective family. I mean, no one’s trying to hurt anyone here. But, ya know, we’re looking at what the reality is. If you’re serving 30 days or more in active military capacity overseas, I think, that your… your child support payments should be adjusted accordingly. No one’s getting rich fighting over in any war overseas, dodging bullets, or sleeping in some of the probably the not so sophisticated standards as they would be here in this country. So, that’s really the intention of this Bill. It’s not to have any negative impact on any family members. Especially their kids, whatsoever. I wouldn’t have even presented this Bill to the floor.”
“Well, to the Bill. I think this Bill is flawed. For one reason, you have to have a hearing. It doesn’t have any account for a hearing. It says the child and spouse support unit would be determining if the military income will vary. Well, of course, it’s probably gonna vary, but you’re supposed to under the statute consider all other sources of income. There’s no provision for that. And I… I really think this is probably, I understand what the 09400033.doc 114 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Sponsor’s intentions are probably very honorable. But I think this is a flawed Bill. And I vote… I’d urge a ‘no’ vote.”
“Representative Dunkin.”
“Thank you, Mr. Speaker. What I’d like to do is to work with the Legislators if that’s okay. To help look at some of the… some better alternatives in terms of seeing to it that this Bill does not hurt or impact any kids in the neg… in the negative. And I’d be more than willing to work with any one of my colleagues here who’ve expressed concerns. So, I’d like to pull it from the record.”
“The Gentleman asked to take this Bill out of the record. On page 17 of the Calendar, on Second Reading, we have House Bill 2497. Read the Bill, Mr. Clerk.”
"House Bill 2497, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On the Order… Second Readings, page 6 of the Calendar, we have House Bill 716. Representative Beiser. Out of the record. On… on page 16 of the Calendar, Second Readings, we have House Bill 2411. Out of the record. On page 3 of the Calendar, we have House Bill 245, Representative Brady. Read the Bill, Mr. Clerk.”
"House Bill 245 has been read a second time, previously. Amendment #1 was adopted in committee. Floor 09400033.doc 115 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Amendment #2, offered by Representative Brady, has been approved for consideration.”
Speaker Turner: “The Gentleman from McLean, Representative Brady on Amendment #2.”
“Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 seeks to make the Sexually Dangerous Persons Act consistent with the Sexually Violent Persons Act as it pertains to applications filed for a individual’s certification to whether that person is still sexually dangerous or not. This Bill simply deals with how many times an individual can file motions for hearings to be evaluated. I’d be happy to answer any questions regarding the Bill or the Amendment.”
“The Lady from Grundy, Representative Gordon, for what reason do you rise?”
"To the Amendment, Mr. Speaker.”
“To the Amendment.”
"Ladies and Gentlemen of the House, Representative Brady has done a wonderful job amending this legislation based upon some of my concerns that were in committee. It is now consistent working with the Attorney General’s Office, working with the State’s Attorney Office, holding a conference call among everyone who had questions. This is an excellent Bill. It’s really a way to bring our legislation forward in Illinois and I thank him for going out of his way to do this. Thank you very much.”
“Seeing no further questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 09400033.doc 116 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 245?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair is the ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. On page 9 of the Calendar, Second Readings, we have House Bill 1039. Representative Brosnahan. Read the Bill, Mr. Clerk. Out of the record. On page 11 of the Calendar, Second Readings, we have House Bill 1320. Representative Chavez. Read the Bill, Mr. Clerk.”
"House Bill 1320 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. On the Order of Second Readings, page 19 of the Calendar, we have Representative Collins on House Bill 2604. Read the Bill, Mr. Clerk.”
"House Bill 2604, a Bill for an Act concerning courts. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 5 of the Calendar, Second Readings, we have House Bill 506. Representative Coulson. Out of the record. On page 30 of the Calendar, Third Readings, we have House Bill 1429. Representative Eddy. Read the Bill, Mr. Clerk.”
"House Bill 1429, a Bill for an Act concerning families. Third Reading of this House Bill.” 09400033.doc 117 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“The Gentleman from Crawford, Representative Eddy.”
"Thank you very much, Mr. Speaker. House Bill 1429 makes an Amendment to the Adoption Act. And as amended requires that during the investigation process the cour… the court- appointed investigator shall present to the adoptive parents a standby guardian decree form that educates them of the need to have a standby guardian in case of untimely death. They would still have to file that with the court, however, and it would bring awareness to a… to a problem that’s occurred all over the state and a particular issue in my district. And I’d ask for a positive vote.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative Eddy, I think either Representative Currie or I, or at some point both of us, have done a Bill very similar to this. What does this change as far as a standby guardian from what the current law is?”
"At this time, it’s my understanding based on an issue that took place in my district that at the time of the adoption there is not a component where the form is provided to the adopting parents with the instruction that it’s a… an important issue to take care of. This would just simply require that that form at that time be presented to the parents. They would still have to go through the… the process that’s already been established. 09400033.doc 118 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 But… but this brings awareness to the issue and provides them with that form at the time of the investigatory portion.”
“All right. So, while the adoption is pending, this is a form that would allow them to serve as a guardian for educational issues.”
"Right. And… and it would still need to be filed with the court.”
“Okay. And currently they don’t do that?”
"Ab… absolutely. That’s right.”
“All right. Thank you.”
“Seeing no further questions, the question is, 'Shall the House Bill 1429 pass?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of… page 11, Second Readings, we have House Bill 1318. Representative Chapa LaVia. Read the Bill, Mr. Clerk.”
"House Bill 1318, a Bill for an Act concerning civil immunity. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.” 09400033.doc 119 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Third Reading. On page 26 of the Calendar, Second Readings, we have House Bill 3822. Representative Colvin. Read the Bill, Mr. Clerk.”
"House Bill 3822, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 32 of the Calendar we have House Bill 3802. Representative Davis. Read the Bill, Mr. Clerk.”
"House Bill 3802, a Bill for an Act concerning education. Third Reading of this House Bill.”
“The Lady from Cook, Representative Davis.” Davis, M.: “Thank you, Mr. Speaker. House Bill 3802 merely codifies what the State of Illinois currently does. It does not penalize students who have had a conviction for a drug offense. Many times young people make major mistakes early in their lives. And this legislation allows them to continue to obtain Pell grants, Mell grants for federal aid and attend college. The Illinois Student Assistance Commission supports this legislation. And I will answer any questions.”
“Seeing no questions, the question is, 'Shall House ball… House Bill 3802 pass?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Granberg. Lang. This Bill… The Clerk shall take the 09400033.doc 120 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 record. This Bill, having… you have 52 voting ‘aye’, 58 voting ‘no’, 0 ‘presents’. And this Bill, having received the… this Bill… Sponsor asks leave for Postponed Consideration.” Davis, M.: “Thank you.”
“On page 27 of the Calendar, Second Readings, we have House Bill 4058. Representative Dugan. Read the Bill, Mr. Clerk.”
"House Bill 4058, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 9 of the Calendar, House Bill 1038, Representative Flider. Read the Bill, Mr. Clerk.”
"House Bill 1038, a Bill for an Act concerning open meetings. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 16 of the Calendar we have House Bill 2411. Read the Bill, Mr. Clerk.”
“House Bill 2411 has been read a second time, previously. Amen… Floor… No Committee Amendments. Floor Amendment #1 was adopted by the House. All no… notes have been filed.”
“Third Reading. On page 5 of the Calendar we have House Bill 593. Representative Moffitt. Read the Bill, Mr. Clerk.” 09400033.doc 121 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 593 has been read a second time, previously. No Committee Amendments. Floor Amendment #1 was adopted by the House. Floor Amendment #2, offered by Representative Moffitt, has been approved for consideration.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 removes all opposition and this clarifies in regard to reduction in force and the recall requirements of School Code. This Amendment puts it in line with the… those requirements so… so there will not be a conflict with what the current law was in the School Code. The overall intent of the Bill with this Amendment is that if someone has been offered a job and then is called to active military duty before they begin employment that they would be first in line when they come back. And this… this Amendment just says that any agreements that are in place would… would still abide. And then like I say, this removes all opposition. Be happy to entertain any questions.”
“Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 593?’ All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. On page 20 of the Calendar, on Second Readings, we have House Bill 2700. Representative Pihos. Read the Bill, Mr. Clerk.” 09400033.doc 122 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 2700, 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. On page 26 in the Calendar, Second Readings, we have House Bill 3814. Read the Bill, Mr. Clerk.”
"House Bill 3814, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 8 of the Calendar we have House Bill 956. Representative Dunkin. Read the Bill, Mr. Clerk. Out of the record. On page 28 of the Calendar we have House Bill 657. Representative Franks. Read the Bill, Mr. Clerk.”
"House Bill 657, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
“Thank you, Mr. Speaker. We worked hard in this committee. I wanna thank the Members of the… of the Judiciary II-Criminal Law Committee, who… we came back and we amended this Bill and my cosponsors gave very good ideas. What this Bill will do, will increase the penalties for people who are driving under the influence of alcohol, drugs, or other intoxicating com… compounds, when they have children under the age of 16 in their vehicle. We will now be one of the leaders in the country on penalties for this type of behavior. I’d be glad to answer any questions.” 09400033.doc 123 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“How much does this increase the penalties, Representative?”
“I’ll go through them with you. The Bill will change these requirements for anyone charged with a DUI that has a child under 16 years of age in the vehicle. And the new fines that the persons that are subject to are a mandatory six months of imprisonment, an additional mandatory minimum fine of $1 thousand, and 25 days of community service in a program benefiting children. That’s for a first offense. The Bill also raises a penalty for a person that’s involved in a second DUI within 10 years of a previous DUI to a Class IV felon… felony and a mandatory 1 year in prison, 25 days of mandatory community service in a program benefiting children, that’d be up from 40 hours and a mandatory fine of $2 thousand, up from a previous $1,750 fine.”
“All right. And this is for a person over 21? It isn’t for, say, a teenager driving with other teenagers coming home from a party.”
“Correct.”
“This is an adult that takes a child in a car who’s legally drunk and has an accident or something happens with him or he’s picked up?”
“Yes, Ma’am.”
“Okay. Thank you.” 09400033.doc 124 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Seeing no further questions, the question is, 'Shall House Bill 657 pass?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hannig. The Clerk shall take the record. On this question, there are 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 23 of the Calendar, on the Order of Second Readings, we have House Bill 3524. Read the Bill, Mr. Clerk. Representative McAuliffe.”
"House Bill 3524, a Bill for an Act concerning methamphetamine. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 16 of the Calendar we have House Bill 2389. Representative Gordon. Read the Bill, Mr. Clerk.”
"House Bill 2389, a Bill for an Act concerning civil law. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Gordon, has been approved for consideration.”
"Thank you, Mr. Speaker. Ladies and Gentlemen, House Amendment #2 just cleans up a drafting error. The wrong letter was put in parentheses to refer to the incorrect Section. It… it’s just a matter of editing it and making it correct. There’s… there’s been no opposition to this 09400033.doc 125 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Bill. I’d ask for the adoption of the Floor Amendment. Thank you.”
“Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 2389?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. On page 9 of the Calendar we have House Bill 990. Read the Bill, Mr. Clerk. Out of the record. All right. Put the Bill back in. House Bill 990. Read the Bill, Mr. Clerk, 990.”
"House Bill 990 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Graham, has been approved for consideration.”
“The Lady from Cook, Representative Graham.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 990, Amendment #1, simply adds to this piece of legislation that law enforcement could not go into the data base at will and look at records of gun purchases.”
“Seeing no questions, the question is, 'Shall Amendment #1 to House Bill 990 pass?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?” 09400033.doc 126 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"No further Amendments. All notes have been filed.”
“Third Reading. On page 6 of the Calendar we have House Bill 733. Read the Bill, Mr. Clerk.”
"House Bill 733, a Bill for an Act concerning schools. Second Reading of this House Bill. Amendment #1 was approved in committee. Floor Amendment #3, offered by Representative Delgado, has been approved for consideration.”
Speaker Turner: “The Gentleman from Cook, Representative Delgado on Amendment #3.”
“Mr. Speaker and Members of he House, Amendment #3 becomes the Bill incorporating House Amendment #1 and #2. It requires that the State Board of Education establish a goal that all schools, all school districts in the state, have a wellness policy that is consistent with Center for Disease Control recommendations and establishes an interagency working group made up of the Department of Public Health, Department of Human Services and the State Board of Education to work on model policies. This creates the School Wellness Policy Task Force made up of representative of various state agencies and entities concerned with health of school-age children. Provides that it is not to be construed as a curricular mandate on schools. This legislation is part of my overall legislative plan to combat childhood obesity and to aid Illinois schools in establishing federally mandated wellness programs. This Bill has been a work together with 09400033.doc 127 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 the Chicagoland childhood obesity collaborative that has done a magnificent job in bringing this knowledge and information to us here at the… at the state level. And I would ask for your support on Amendment #3.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. On Amendment 3, now is this… this is a mandate on a… What responsibility will my local schools have, anything?”
“Umm…”
“My local school districts?”
“No… Right. Your local school districts will not have a direct responsibility to et… put anything in. The Illinois Department, I’m sorry, the Illinois State Board of Education will be working with the school districts in conjunction with the other state agencies I indicated to assist the schools who already have a nutrition policy standards already. But to work with the federal level that has the CDC, to assure that they stay up to date on it. So, really all they’re gonna continue to do is update what they’re probably doing already. And as kids come in at earlier ages, they’ll be able to stay in tune with this. Some of this language I got, Representative Parke, from a federal Bill that I was… introduced by the President of the Senate, Senator Frist, who has a national model and this one here is designed for Illinois.”
“All right. Will there be travel expenses paid for out of this?” 09400033.doc 128 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“No, Sir.”
“So, they’ll travel…”
“On…”
“…on the budget of the agency they represent?”
“That is correct. Illinois State Board of Education would… would frame this. And as to the other agencies who were… like the Department of Human Services, that can provide knowledge they… they do this in their daily routine anyway. No additional costs will be added.”
“How many… What kind of authority will they have? Will they be able to tell my local school district that they have to serve carrots every day?”
“No. All they can provide is recommendations and establish it as an agency working group. And this is only based on the Federal Department of… of Human Services. So they can make policy recommendations, they cannot tell them what to do.”
“So, it’s… it’s recommendations based on federal rec… of what the fed… feds are saying we ought to be doing.”
“Exactly…”
“And we take… and we’ll recommend that to our school districts but it’s a local school district option? It’s not a mandate?”
“Well, no. At the… at the stage now, there’s certain mandates out there already that they must follow. And… and that’s already… it… it’s Federal Law. And the State of Illinois is trying to comply with that. So, what this will 09400033.doc 129 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 do is that this will assist them in keeping in compliance with Federal Law.”
“This… this is what’s my concern. I don’t want another task force telling my local school districts what they have to do. Ya know, if it’s a Federal Law the Board of Education will iss… issue directives that what schools should do to be in compliance, ‘cause we have to comply with the Federal Laws. I’m just concerned that this is another layer of bureaucracy that… I mean, there’s a… you got…”
“Representative Parke, if…”
“…what… How many… how many people do you have on this task force, 16?”
“Representative Parke, if I could interject on your first concern, I would suggest to you, Sir, that if anything… no, this is what… what we’re trying to do is create a uniform policy throughout our districts. Our district REOs all talk already. Our Illinois State Board of Education, they all work in tandem. This ac… actually just brings us all in a more uniform policy so our state is more balanced. That’s why we’re all asked to be here as Legislators for our respective areas. And try to level the playing field, to assure that we’re at least trying to have a uniform policy that’s all kids. If you go into a school in Harrisburg, or if you go into a school in Park Ridge, or if you go into a school in Chicago that all the kids are pretty much being fed the same way and the nutrition will 09400033.doc 130 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 be looked at and as these kids move around the state that we have some kind of uniform policy in line.”
“Well, I have found that this state is very diverse. And what works in one area sometimes doesn’t work in others. And to require…”
“Health care…”
“…one part of downstate to do what upstate does sometimes isn’t a good idea. So, that’s part of my concern. I’ll be watching and listening to other people speak. But I have to say I’m… I’m kind of concerned about how… you got 19 Members on this. That scares me, right there. You got so many people involved in this. I’m not sure what they’ll come up with. And I think to justify their existence they might very well end up mandating to my local school districts what they have to do, or what they interpret that the Federal Government wants them to do.”
“And I appreciate that comment, Representative. What I suggest is that as, ya know, we have been dealing with childhood obesity in this state, PE waivers, the whole need to make sure as children go into school at earlier ages that we are made being interested in what’s going on with the health care of our children in the State of Illinois. And Illinois is the hub of America. Right now, our children with having so much time tied to testing and other curricular activities, our health is going down the drain. Type 2 diabetes is growing. We’re having all kind of other issues come about with young people. And we do believe this is a step in the right direction. It’s a large 09400033.doc 131 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 collaboration of agencies and community groups that are working together to make sure that Illinois children remain first and that is in health care. Mr. Speaker, I would ask for an ‘aye’ vote on Amendment #3.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Did he just close?”
“I don’t think so.”
“Oh, okay. No, he’s…”
“I… I was…”
“…he’s just making multiple closings and passionate pleas, right? Okay.”
“He’s trying hard. Good Bill.”
“Okay.”
“Thank you.”
“I want to ask the question one more time. What cost is associated with this?”
“That we have and there is no cost associated with this. We already have agencies that are on line: Department of Human Services, State Board of Education. These agencies are already on line.”
“Representative, the reason I ask what cost is this, is that DHS is coming to us for supplemental. They can’t seem to get their act together on just getting a supplemental or giving us figures. How do you think we’re gonna do this? Have a meeting that includes all these different people that costs no money. It’s a really good idea. I’d like to see that. I think sometimes things that 09400033.doc 132 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 young people learn in school really take hold for a lifestyle that’s healthier and better and… and I agree that’s a good idea. I just think the state budget and some of the departments who are looking for supplementals are so far off the mark right now that I don’t see any great hope that this has any money involved of them doing it and they certainly can’t seem to figure out how to give us the right figures of the things they need for current problems that they have, so why would they be able to do this?”
“I have met ex… with extensively with: representative of DHS, Illinois State Board of Education and others. They can find these dollars, of minimal dollars, as necessary to run this task force through the existing budgets that we have.”
“Representative…”
“Now…”
“…I like your Bill. But if they have available dollars, they sure as heck haven’t told us where they are. Because they keep asking for a supplemental and they keep going to providers and telling them that they are not going to be paid or they’re gonna take money out of Child Care Fund or they’re gonna take money out of ICASA. But they tell you that there is money available to do this.”
“And I agree… I…”
“That’s really interesting.”
“…I can only hold them to their word. I agree. We’ve just lost many workers that have been laid off by DHS that have impacted all of our communities, Representative. 09400033.doc 133 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 However, as a Legislator, a chair of the Human Services Committee, I will not let them use that as an excuse for me to stop doing anything that’s gonna move the ball forward, to move this ship forward and navigating through legislation that’s gonna help our children, families through the human service process because they… it… it’s their dilemma to find out, to make sure that this minimal. Because they know me, I will be diligent in making sure that this happens. But for that matter, we might as well all sit down and fold our hands and take no action on any piece of legislation and corrections and any other field because every part of the budget is tight. But this here is a plausible, well-thought-out process by hospitals, our community groups, from child agencies from, you name it, they’re involved in this process. So, all together, and we’ll have a press conference later on this week to continue to talk about lowering obesity in Chicagoland children. So, we cannot put… use… utilize as an excuse the inabilities over at DHS. This is a piece of legislation I’m running and I inten… and they have assured me that they can do this. And I expect every moment that they will be working towards making this task force a reality with minimal expense, because I too share your concerns about the reality of getting it done. I am not superficial. I expect results and I will be working with them to produce those results ‘cause I know I’ll be talking with you again about this in the near future. And you know how much passion I have around child… health care issues.” 09400033.doc 134 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Well, Representative, I certainly respect your impassioned plea for your Bill. But I will tell you if you have DHS workers in your area that have been laid off it’s directly related to the Department and O&B, GM… GM… GMO&B, whatever they are now. Because they have come to us repeatedly without giving us the figures. They could have had a supplemental last January, they could have had one before that, if they had just come to us with the right numbers. So…”
“No. Representative Mulligan…”
“…for them to do this for you, I would hope you’re gonna get that result. But quite frankly, I don’t see this happening. And if… if your Bill is dependent upon money…”
“It’s not. But that’s the thing…”
“…or it’s going to force them…”
“…it’s been convoluted on this House Floor this morning… this afternoon. We do… we have not discussed money. Nor in my committee did we discuss any major cost of implementing this idea. And said… and I know we’ve gotten out of the scope of what we’re talking about. We’re trying to just pass the Amendment. The Amendment been… has been referred to the floor for adoption. And that’s the scope we’re in now. But I do appreciate that.”
“All right. But you’re saying it costs no money and there is no provision that says they have to enforce it whether it costs money or not.”
“No. The… the issue of money of creating a task force, the money would be only to create a task force. To 09400033.doc 135 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 implement anything, these are just school districts. The school districts would then involve this, or if you will, integrate it into existing nutritional policies that they have already based on Federal and State Laws.”
“So, I guess if you vote for this stuff, you vote for it. You want it, you don’t wanna mail piece. But I will tell you, the Department of Human Services if they’re laying people off it’s ‘cause they haven’t gotten their act together on the supplemental. I hope they can get their act together to implement your task force.”
“And I agree. Thank you, Representative.”
“Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #3 to House Bill 733?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #3 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. The Gentleman from Williamson, Representative Bradley, for what reason do you rise?” Bradley, J.: "Mr… Mr. Speaker, 2411 was moved to Third and there’s been an Amendment filed on that. I’d ask that it be moved back down to Second, please.”
“The Gentleman asks leave to bring 2411 from Third to Second. All those in favor say ‘aye’. Leave is granted. The Gentleman from… Winnebago, Representative Sacia, for what reason do you rise? The Gentleman asks leave to move House Bill 3814 from Third to Second. Leave is granted. The Gentleman from Randolph… the Gentleman 09400033.doc 136 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 from Jasper, Representative Reis, for what reason do you rise? The Gentleman asks leave to have House Bill 4052 moved from Third back to Second. Leave is granted. On the Order of Second Readings we have House Bill 3674. Representative Schock. Read the Bill, Mr. Clerk.”
"House Bill 3674, a Bill for an Act concerning public aid. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Schock, has been approved for consideration.”
Speaker Turner: “The Gentleman from Peoria, Representative Schock on Amendment #1.”
"Yes, Mr. Speaker, I’d like Floor Amendment #2, please.”
“Do you want to table Amendment #1? The Woman wants…”
"Yes.”
Speaker Turner: “…the Gentleman asks leave to withdraw Amendment #1. Leave is granted. Further Amendments, Mr. Clerk?”
"Floor Amendment #2, offered by Representative Schock, has been approved for consideration.”
“Representative Schock on Amendment #2.”
"Floor Amendment #2 addresses concerns that were brought forward in committee by Action for Children and also DHS. And so, dealing with child care ra… reimbursements. So, I’d be happy to answer any questions, if there are any.” 09400033.doc 137 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Seeing no questions, the Gentleman moves for the adoption of Floor Amendment #2. All those in favor say 'aye'; all those opposed say 'no'. In opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
Speaker Turner: “Third Reading. On the Order of Third Readings, page 30 of the Calendar, we have House Bill 1128. Representative Mitchell, Jerry Mitchell. Read the Bill, Mr. Clerk.”
"House Bill 1128, a Bill for an Act concerning animals. Third Reading of this House Bill.” Mitchell, J.: “Thank… Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 1128 is an initiative from the ASPCA. I sat down and worked with them on Amendment 1 which became the Bill to help cleanup the Animal Control Act. There’s nothing of… of major significance. The only thing I want you to know for sure is that any language that had to do with any breed specificity has been taken out of the Bill completely. This Bill now expands the location where a threatening dog can be declared dangerous. It further restricts… it restricts the enclosure in which vicious dogs can be maintained. It just simply says that if a dog is kept in a room in the house, the ingress or the egress to that room cannot be directly to the outside unless the outside is an enclosed pen. Expands the definition ‘owner’ to include anyone who knowingly permits a dog to remain on any pram… 09400033.doc 138 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 premises occupied by that person knowingly. It deletes ‘protracted’ from the definition of ‘serious physical injury’. It requires a county dog and cat registration fee, doesn’t say what it is. Almost every county in the State of Illinois already has a registration fee. The only change this makes, it says that there’s a $10 fee for unaltered dogs. In other words, if the dog has not been spayed or neutered, it has to be $10 higher than that for a neutered or spayed animal. It deletes the 125 kilohertz frequency for microchips, requires animal control wardens to aid in the enforcement of the Humane… Humane Care for Animals Act and gives them the ability to impound animals for violations. It requires that a dog found running a… at large a second or subsequent times must be spayed or neutered. It allows for the animals to be chemically sterilized. It requires shelters to report intake and euthanasia statistics to the department each year. Requires police dogs to be current on rabies vaccinations. It does change ‘shall’ to ‘may’ as to when a court declares a dog to be… declare a dog to be vicious and the justifications. There’s a $500 fine if the owner fails to comply under the requirements of vicious dog plus impoundment fees. And several other things that I won’t continue to bore you with. I’ll be happy to answer any questions. I know of no opposition to this Bill, except I did get a call from a couple of breeders that were concerned about the $10 differentiation. We feel that that’s a cost of doing business and they’ll probably send 09400033.doc 139 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 that fee right on to whoever buys the pups. Be happy to… answer any questions.”
“Seeing no questions, the question is, 'Shall House Bill 1128 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Representative Granberg. The Clerk shall take the record. On this question, there… Representative Mitchell, for what reason do you rise?” Mitchell, J.: “Mr. Speaker, I’d like to put this on Postponed Consideration. And please people, understand that the underlying Bill is completely gone. There is no fee increase in this Bill, except a change in the… in the way that it’s used. It stays locally…”
“The Gentleman asks leave to have the Bill put on Second… on Postponed Consideration. On page 5 of the Calendar we have Repre… House Bill 506. Representative Coulson. Out of the record. On page 24 of the Calendar we have House Bill 3650. Representative Howard. Read the Bill, Mr. Clerk.”
"House…”
“Out of the record. Out of the record. On page 26 of the Calendar we have House Bill 3800. Representative Kelly. Read the Bill… Out of the record. On page 6 of the Cal… page 19 of the Calendar we have House Bill 2593. Representative Kelly. 2593. Out of the record. On page 19 of the Calendar we have House Bill 2580. Representative Joe Lyons. Read the Bill, Mr. Clerk. 09400033.doc 140 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 On page 23 of the Calendar we House Bill 3577. Representative Mautino. Read the Bill, Mr. Clerk.”
"House Bill 3577, a Bill for an Act concerning liquor. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 26 in the Calendar we have House Bill 3849. Representative Molaro. Read the Bill, Mr. Clerk.”
"House Bill 3849, a Bill for an Act concerning firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 15 of the Calendar we have Rep… we have House Bill 3529. Representative Myers. Read the Bill, Mr. Clerk.”
"House Bill 3529, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. We have House Bill 3873. Read the Bill, Mr. Clerk.”
"House Bill 3873, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. We have House Bill 2572. Representative Nekritz. Read the Bill, Mr. Clerk.”
"House Bill 2572, a Bill for an Act concerning safety. Second Reading…” 09400033.doc 141 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Out of the record. On the Order of Third Readings, on page 30 of the Calendar, we have House Bill 1586. Representative Lou Lang. Read the Bill, Mr. Clerk.”
"House Bill 1586, a Bill for an Act concerning health. Third Reading of this House Bill.”
“The Gentleman from Cook, Representative Lang.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. We know that oftentimes when… when people are admitted for mental health services they don’t always get assessed for issues relative to alcoholism, drug addiction and other substance abuse. This Bill would require the department to provide those services and arrange for whatever assessments necessary to provide the services necessary to these folks with dual diagnoses. And I would ask your support on the Bill.”
“Seeing no questions, the question is, 'Shall House Bill 1586 pass?’ All those in favor vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 31 of the Calendar we have House Bill 2692. Representative McGuire. Read the Bill, Mr. Clerk.”
"House Bill 2692, a Bill for an Act concerning safety. Third Reading of this House Bill.” 09400033.doc 142 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
Speaker Turner: “The Gentleman from Will, Representative McGuire. Out of the record. We have House Bill 3564 on page 23 of the Calendar. Representative Osterman. Read the Bill, Mr. Clerk.”
"House Bill 3564 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Osterman, has been approved for consideration.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #2 becomes the Bill and adds ovarian cancer to the Penny Severns Breast and Cervical Cancer Research Fund. It also makes the funds for ovarian cancer subject to appropriation. I’d ask for an ‘aye’ vote.”
“Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 3564?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. On page 29 of the Calendar, Second Reading, we have House Bill 828. Read the Bill, Mr. Clerk.”
"House Bill 828, a Bill for an Act concerning taxes. Third Reading of this House Bill.”
“There we are. Thank you. House Bill 828 is… deals with… it’s an initiative of the Illinois Treasurers Association, deals with publication notices for mobile 09400033.doc 143 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 homes. And… and essentially what this is doing is trying to take the… the notification notices that they put in the paper and make them exactly like they are for real property. I know of no opposition. I’d be happy to answer any questions.”
Speaker Turner: “The Gentleman from McHenry, Representative Frank (sic-Franks), for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, I’m… it’s the first time I’ve seen this so I apologize. But why do we need to change the notice requirements?”
“The… the reason they’d like to change ‘em… mo… mostly is cost as much as anything else. The cost that… that when they publish these, the cost that it… that it… they spend… the treasurer spend to put these in the paper. And the other reason is to get this consistent with the real property. And then the other thing they’re trying to do in this is to make sure some of this, they don’t know the information and they’re just trying to clarify it there to make sure that they know they can put in exactly what, ya know, what… what they know about the property. And I don’t… I don’t believe that it changes anything as far as notification. It will still be in there whether or not their, ya know, their notices…”
“Well, my concerns… I’m reading this Bill, is that you’re going to be removing the following information from publication notices.” 09400033.doc 144 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Right.”
“You’re gonna be taking out the name of the mobile home park where the mobile home is located.”
“Correct.”
“The type, the model year and the size of the home. What I’m worried about is it could be that a person who owns one of these mobile homes, who lives in one of these mobile homes, didn’t get notice and… and they wouldn’t be able to… they wouldn’t tell by the new notice, it’d be in the paper that this is their home that they’re talking about. And as a result could lose their home because of a lack of specificity in the description of the… of the home.”
“Well, it’d still… it would still have their name, their street address and where the mobile home is sited, if known, but it’s no different than not putting in the subdivision for a… for a house. I mean, it’s… what they’re trying to do is just get this compatible with the notice that they use for real property. I don’t think any of these… the… ya know, we take out the model year and the square footage that’s not really a… This is simply about letting people know who, ya know, who’s in arrears and… and I don’t think that… that any… anything they’re cutting out right now or… or taking out in this Bill is not going to impede a notice of the property owner.”
“We… Okay. That’s… that was my concern. Are they still getting…”
“Yeah.” 09400033.doc 145 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“…the certified mail to them?”
“Correct.”
“This is still gonna be published in the paper at least three times?”
“Correct. This is… the only thing this is, is what ha… how many lines they essentially have to put in the paper.”
“Okay. But as long as they have their name and the address and the amount due, I think that would be sufficient. So, thank you. I wanted to make… make sure that we were protecting those people with the… the faintest voices here.”
“Right.”
“So, thank you.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Who brought this Bill to you?”
“The Illinois County Treasurers Association.”
“And, why do we not want to list the information you wi… wish to remove? Why shou… why should we make a change?”
“The… the initiative behind the change is just to reduce publication costs for the counties.”
“How does the consumer, the people that live in the mobile homes, how does this help them?”
“I’m… I don’t know that it does help them. It just… but it doesn’t adversely affect them in any way either.” 09400033.doc 146 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“You… it says here the Mobile Home Owners Association of Illinois supports this. It… have you talked to them?”
“No.”
“How many Mobile Home Owners Association do they represent?”
“I don’t know I haven’t talked to ‘em.”
“Well, okay. I will tell that I’m very concerned on behalf of mobile home owners. And we continue to make it more difficult for them to both live and sell their properties. And so I’m going to be watching closer to make sure that we’re doing things that will protect them. There are many of people in this state who find it very difficult to be able to afford a home. And the answer to them, especially if they’re elderly, is to live in a mobile home park. And I want to make sure that when we do things that it’s helpful to them and not all the special interests that are around them. So, I’m just letting everybody know that I’ll be watching these kinds of Bills very closely to make sure that, in fact, on the… to help the… the tax… county tax collectors that at the treasurers that we don’t ultimately hurt the mobile home owner. So, I presume, and you have an effective… immediate effective date upon the signature of the Governor. So, I hope there’s enough time for other mobile home residents to take a look at this legislation and let me know if there’s any problems with it. But if you say you haven’t heard anybody objecting to this, then I will take you on that word and…”
“Right.” 09400033.doc 147 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“…probably vote for your Bill.”
“Thank you. And I appreciate… appreciate the input. And all… this is simply about tax delinquent mobile homes. It’s just the notice that they put in the paper. They’ll still… it doesn’t change any type of notice that… that someone has when they’re delinquent on their taxes. It just… it’s in regards to the costs associated with the publication costs of… for the counties.”
Speaker Turner: “The Gentleman from Lake, Representative Sullivan, for what reason do you rise?”
“Yes, Mr. Speaker, to the Bill.”
“To the Bill.”
“Further explanation of this is it’s… it’s pretty simple. We’re trying to save the county a little bit of money here. And you’re not really changing the notifications as much. Think of it this way. If you have a home in a subdivision and the subdivision’s called Ambria Subdivision, we’re just saying we’re gonna identify the home by its number and its pin number but we’re taking out Ambria. It’s the same thing on a mobile home subdivision by taking out the name of the subdivision itself. So, it… it’s not that big of a deal to take this out. It’s gonna be a tremendous savings. And it’s… it’s really not going to threaten the homeowners as much as it may seem. Thank you.”
“Seeing no further… seeing no further question, the question is, 'Shall House Bill 828 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The 09400033.doc 148 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Stephens. That’s okay. You look good. Clerk shall take the record. On this question, there are 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Dunkin, for what reason do you rise?”
“Thank you, Mr. Speaker. Point… point of personal privilege.”
“State your point.”
“Members of this Body, this august Body, I want to… Ya know, a couple weeks ago… Thank you. About two weeks ago I’m… ya know, I stood up after a Bill and did something that was inappropriate and really out of character, quite frankly. And ya know, I just want to apologize to this Body for, ya know, being unprofessional and being inappropriate, quite frankly, in… in what I did. So, you won’t hear or see that again from me ever. And I, ya know, just ask for your… your acceptance of my apology. Thank you.”
“On page 7 of the Calendar we have House Bill 834. Representative Ryg. Read the Bill, Mr. Clerk.”
"House Bill 834, a Bill for an Act concerning public health. Second… which may be referred to as Ally’s Law. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. And no Motions filed.” 09400033.doc 149 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Out of the record. House Bill 769. Read the Bill, Mr. Clerk. It’s on the Order of Second Reading. Representative Soto. Out of the record. House Bills 976 on page 9 of the Calendar. Representative Wyvetter Younge. Read the Bill, Mr. Clerk.”
"House Bill 976, a Bill for an Act in relation to criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Younge, has been approved for consideration.”
Speaker Turner: “The Lady from St. Clair, Representative Younge.”
“Thank you, Mr. Speaker. I move for the adoption of Amendment #1 to House Bill 976. The… the Amendment makes the Bill subject to appropriations.”
“Seeing no questions, the Lady asks… seeing no further question, the question is, 'Shall the House adopt Amendment #1 to House Bill 976?’ All those in favor should vote ‘aye’; all those op… no should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”
“No further Amendments. All Motions have been filed.”
Speaker Turner: “Third Reading. On the Order of Second Reading, page 26 of the Calendar, we have House Bill 3812. Read the Bill, Mr. Clerk.” 09400033.doc 150 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 3812, a Bill for an Act in relation to health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. On the Order of Third Readings, page 29 of the Calendar, we have House Bill 931. Repre… Representative Phelps. Read the Bill, Mr. Clerk. Out of the record. On page 32 of the Calendar we have House Bill 3770. Representative Beiser.”
"House Bill 3770, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“Out of the record. We have House Bill 3874 on page 27 of the Calendar. Read the Bill, Mr. Clerk.”
"House Bill 3874, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. We have House Bill 676, Representative Chapa LaVia, on page 6 of the Calendar. 676. Read the Bill, Mr. Clerk.”
"House Bill 676 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Chapa LaVia, has been approved for consideration.”
“The Lady from Kane, Representative Chapa LaVia on Amendment #1.”
"Thank you, Speaker. And you’re looking mighty fine today.” 09400033.doc 151 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Thank you.”
"I’d like to withdraw Amendment #1 from House Bill 676.”
“The Lady…”
"And move it to Third.”
“The Lady asks leave to withdraw Amendment #1. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is withdrawn. Are there further Amendments, Mr. Clerk?”
"No further Amendments. No Motions filed.”
“Third Reading. On page 9 of the Calendar we have House Bill 1017. Representative Colvin. Read the Bill, Mr. Clerk.”
"House Bill 1017, a Bill for an Act concerning communications. Second Reading of this House Bill. No… Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 5 of the Calendar Representative Delgado on House Bill 612. Read the Bill, Mr. Clerk.”
"House Bill 612, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Dugan on House Bill 3831. Read the Bill, Mr. Clerk, on page 26 of the Calendar. 3831. Read the Bill, Mr. Clerk.” 09400033.doc 152 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
"House Bill 3831, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. Representative Flowers on House Bill 2451, page 17 of the Calendar. Read the Bill, Mr. Clerk. Out of the record. On page 5 of the Calendar we have Representative Franks on House Bill 655. Read the Bill, Mr. Clerk.”
"House Bill 655, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. On page 16 of the Calendar, Representative Gordon, we have House Bill 2441. Read the Bill, Mr. Clerk.”
"House Bill 2441, 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. On page 4 of the Calendar we have House Bill 399. Representative Lang. Read the Bill, Mr. Clerk.”
"House Bill 399 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #3, offered by Representative Lang, has been approved for consideration.” 09400033.doc 153 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“The Gentleman from Cook, Representative Lang on Amendment #3.”
“Thank you, Mr. Speaker. I’d like to withdraw Amendment #3 and move to Amendment #4 which I think moved out of Rules today, but I’m not a hundred percent certain.”
“The Gentleman leave… asks leave to withdraw Amendment #3. All those in favor say ‘aye’; opposed say ‘no’. In the opinion of the Chair is to have Amendment #3… is withdrawn. Further Amendments?”
"Floor Amendment #4, offered by Representative Lang, has been approved for consideration.”
“The Gentleman from Cook, Representative Lang on Amendment #4.”
“Thank you, Mr. Speaker. This is a Bill that’s… was work in progress and all these Amendments serve to clean up the original language of the Bill. Certainly not everyone in the department is… is going to be onboard on this Bill, but all the other players have been. And I would just simply ask that we adopt the Amendment. And we’ll discuss it on Third Reading.”
“Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #4 to House Bill 399?’ All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And… and Amendment #4 is adopted. Further Amendments?”
"No further Amendments. All notes… Motions have been filed.” 09400033.doc 154 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
Speaker Turner: “Third Reading. We have House Bill 3576, Representative Mautino, on page 23 of the Calendar. Read the Bill, Mr. Clerk. 3576.”
"House Bill 3576, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. All notes have been filed.”
“Third Reading. On page 5 of the Calendar, Representative Flowers, we have House Bill 637. Read the Bill, Mr. Clerk.”
"House Bill 637, a Bill for an Act concerning insurance. Second Reading of this House Bill. Amendment #1 and 2 were approved in committee. No Floor Amendments. All notes have been filed.”
“Third Reading. On page 25 of the Calendar we have House Bill 3755. Representative McGuire. Read the Bill, Mr. Clerk.”
"House Bill 3755, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 11 of the Calendar we have House Bill 1289. Representative Reitz. Read the Bill, Mr. Clerk.”
"House Bill 1289, a Bill for an Act concerning liquor. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09400033.doc 155 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Third Reading. On page 5 of the Calendar we have House Bill 567. Representative Ryg. Read the Bill, Mr. Clerk.”
"House Bill 567, a Bill for an Act concerning state mandates. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. All notes have been filed.”
“Out of the record. On page 11 of the Calendar we have House Bill 1133. I’m sorry. The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“I understand that that Bill was held. So, that’s all I need to know, thank you.”
“On the Order of Third Readings we have House Bill 1299. Representative Connie Howard on page 30 of the Calendar. You’ve already passed it? On page 31 of the Calendar we have House Bill 2416. Representative Robin Kelly. Read the Bill, Mr. Clerk.”
"House Bill 2416, a Bill for…”
Speaker Turner: “Out of the record. On page 23 of the Calendar, Representative Brady. Not in his chair. On page 31 of the Calendar, Representative Moffitt on House Bill 3532. Read the Bill, Mr. Clerk.”
"House Bill 35…”
“Out of the record. Out of the record. On page 23 of the Calendar we have House Bill 3515. Representative Brady. Read the Bill, Mr. Clerk.”
"House Bill 3515, a Bill for an Act concerning drug courts. Second Reading of this House Bill. No 09400033.doc 156 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 5 of the Calendar we have House Bill 593. Representative Moffitt. Read the Bill, Mr. Clerk.”
"House Bill 593, a Bill for an Act concerning veterans. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Knox, Representative Moffitt on…”
“Thank you, Mr. Speaker. This Bill’s been read a second time. We had put an Amendment on it which removed all opposition. Just made a clarification in terms of agreements that were in place, negotiated agreements. This legislation is to protect veterans, soldiers that go on active duty and had been offered a job, but had not actually started employment yet. This says that they… when they return from their active duty they will be granted the same status that they had before they left. This situation actually happened in… in my district. An individual had been offered a job, had not started, happened to be with a state agency, when they told him that he was called to active duty and couldn’t report the next week for the job, they said we’ll have to start all over. Tests and everything. And yet, he had prior to going on active duty, had tested, was first in his class. So, it’s simply saying when you return you’ll be first in line for the job you had been offered. Be happy to entertain any questions.” 09400033.doc 157 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Seeing no further questions, the question is, 'Shall House Bill 593 pass?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Hannig. The Clerk shall take the record. On this question, 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, page 7 of the Calendar, we have House Bill 793. Representative Osterman. Read the Bill, Mr. Clerk.”
"House Bill 793, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Osterman.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 793 is an initiative of the Illinois Coalition Against Domestic Violence. It adds a number of crimes that when committed in co… in domestic violence cases, the victim of domestic violence would have the ability to seek an order of protection. This legislation will give the victims of domestic violence more avenues to seek orders of protection to protect… protect themselves and their families. And I would ask for an ‘aye’ vote.”
“Seeing no questions, the question is, ‘Shall House Bill 793 pass?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? 09400033.doc 158 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Have all voted who wish? Representative Yarbrough. The Clerk shall take the record. On this question, there are 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 32 of the Calendar we have House Bill 3752. Representative Mendoza. Read the Bill, Mr. Clerk.”
"House Bill 3752, a Bill for an Act concerning employment. Third Reading of this House Bill.”
“The Lady from Cook, Representative Mendoza.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3752, as amended, provides that a temporary labor service agency must meet certain safety aspects regarding the transportation of laborers. Basically, what we’re trying to do is avoid day labor agencies from transporting people in unsafe conditions. In particular, in some areas people are transported like sardines to be quite specific. And there have been instances where vans have rolled over carrying people that, ya know, 15 people in the van when there should be, let’s say, 11 people, the manufacturer’s standard. So, what this Bill would do is it requires that there’s the exact amou… no more passengers than there are seatbelts for in the transport… transporting vehicle. And that the la… day labor agencies cannot refer someone to a transportation vehicle without then taking accountability for the safety of that person. Obviously, if they are to refer someone to the CTA, like public transportation systems are not under 09400033.doc 159 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 this Bill. If the day laborer himself transports himself to the place of employment then the agency has no accountability, as well. So, there are definitely protections in place for the business. But we just wanna insure that those people who are gambling with the lives of the employees aren’t able to do so any further. A few years back we passed a very tough Bill on day labor agencies but the transportation component of it seemed to slip through the cracks on that. And this Bill is just done to address that issue and knows… I know of no opposition to it. Would ask for your support. Thank you.”
“Seeing no questions, the question is, 'Shall House Bill 3752 pass?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Second Readings, page 12 of the Calendar, we have House Bill 1391. Mr. Burke. Read the Bill, Mr. Clerk.”
"House Bill 1391, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Burke, has been approved for consideration.”
“The Gentleman from Cook, Representative Burke on Amendment #1.” 09400033.doc 160 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #1 to 1391 suggest that the Treasurer that is on or after… I need some… Can you take this out for a moment, please?”
“The Gentleman asks to remove the Bill from the record. On page 33 of the Calendar… I’m sorry. On page 12 of the Calendar we have House Bill 1391. Representative Burke. Read the Bill Mr. Clerk.”
"House Bill 1391, a Bill for an Act concerning civil law. Second Reading of this House Bill. Amendment #1, offered by Representative Burke, has been approved for consideration.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I apologize for that delay. House Amendment #1 changes the effective date on which the insurance companies must comply with this Bill. The Amendment states that the Treasurer must submit his report or her report after the latter, 30 days after the effective date of this Amendatory Act of the 94th… the General Assembly or November 1, 2005. The original Bill allows the Treasurer to require insurance companies to comply within 30 days of the effective date. This Amendment would allow insurance companies until November 2005 to comply with this Act. Both the insurance companies and the Treasurer were concerned that they would not be able to comply within the 30-day period. This Amendment appears to relieve the concerns of all parties. And I would ask for your favorable consideration.” 09400033.doc 161 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005
“Seeing no question, the question is, 'Shall House adopt Floor Amendment #1 to House Bill 1391?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. On page 33 of the Calendar we have House Bill 257. Representative Flowers. Representative Flowers moves to table House Bill 257. And all those in favor should say ‘aye’; all those opposed say ‘no’. In opinion of the Chair, the ‘ayes’ have it. And Amendment #… the Bill was tabled. House Bill 257. We have House Bill 232, Representative Lyons. Representative Lyons moves to table House Bill 232. All those in favor say ‘aye’; all those opposed say 'no'. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #… Amendment… House Bill 232 is tabled. We have House Bill 1514. Representative Mathias. Representative Mathias moves to table House Bill 1514. All those in favor say 'aye'; opposed say 'no'. In opinion of the Chair, the ‘ayes’ have it. And House Bill 1514 is tabled. With House Bill 2560, Representative Bailey. Representative Bailey moves to table House Bill 2560. All those in favor say 'aye'; opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment… and House Bill 2560 is tabled. And we have House Bill 3719, Representative Daniels. Representative Daniels moves that House Bill 3719 be tabled. All those in favor say 'aye'; opposed say 'no'. 09400033.doc 162 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 And in the opinion of the Chair is the ‘ayes’ have it. And Amendment… House Bill 3719 is tabled. Mr. Clerk, committee announcements. There was a yellow sheet and now there’s a blue one. The blue is new. Yellow… Mr. Clerk, committee assignments. Committee announcements, I’m sorry.”
"The following committees will meet immediately upon adjournment. The International Trade & Commerce Committee will meet in Room C-1. The Public Utilities Committee will meet in Room 122-B. And the Registration & Regulation Committee will meet in Room 114.”
“Agreed Resolutions, Mr. Clerk.”
Clerk Bolin: "Agreed Resolutions. House Resolution 173, offered by Representative Nekritz. House Resolution 235, offered by Representative Granberg. House Resolution 236, offered by Representative Black. House Resolution 237, offered by Representative Black. House Resolution 239, offered by Representative Gordon. House Resolution 240, offered by Representative Patterson. House Resolution 241, offered by Representative Saviano. House Resolution 242, offered by Representative Washington. House Resolution 244, offered by Representative Dunkin. House Resolution 245, offered by Representative Joyce. House Resolution 247, offered by Representative Brosnahan. House Resolution 248, offered by Representative Howard. House Resolution 249, offered by Representative Flider. House Resolution 250, offered by Representative Joseph Lyons. House Resolution 251, offered by Representative Howard. And 09400033.doc 163 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 House Joint Reso… House Joint Resolution 32, offered by Representative Dunn.”
“Representative Lang moves for the adoption of the Agreed Resolutions. All those in favor say 'yes'; all those opposed say 'no'. In the opinion of the Chair is the ‘ayes’ have it. And the Resolutions are adopted. The Gentleman from Jackson, Representative Bost, for what reason do you rise?”
“Thank you, Mr. Speaker. If I can… for a point of personal privilege.”
“State your point.”
“Mr. Speaker and Members of the House. In this hectic week, this last week, when we dealt with events of the state and the world, the state with the U of I moving through the tournament, the world, the Pope… losing the Pope. But in the middle of all of that, if you’ll remember in the news if you saw it, there was a plane that went down a Air Force C-130, C-130H. The C-130 crashed in Albania. The news came out on Thursday about the crash. They spent Friday and most… and… and most of Friday trying to locate it and just find out if there was any survivors. Upon locating it they found that there were no survivors, all nine crew member had perished. It was on a training mission with the Albanian Government to build good relations. Though the crew has flown many missions in battle, they don’t know right now, everything is under investigation on what caused the crash. Bad weather possibly. They’re about 60 miles out from the capital of 09400033.doc 164 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Albania, snowy. I found out about this on Friday morning as my wife came in and was crying hysterically and I couldn’t figure out what was going on. And she said it’s Todd’s plane. Todd Bracey was a pilot of that plane and Todd… Captain Todd Bracey was one of my youth and her youth, as well, that we raised up in our church. His father was our pastor. His father was also a military chaplin, also a special ops person himself. And though he was a pastor, he would move in and out with the National Guard and actually served whenever… in the Pentagon with special ops when the Pentagon was hit during September 11. So, it’s a family of service people. I worked with the family to… and the Lieutenant Governor’s Office as well as Denny Hastert’s Office, the Speaker, to try to get those families that did not have passports… their passports so they could get out on Saturday morning to try to get over because Todd’s wife and two small children are in England where they were based, where the whole crew was based. Included on that flight was also a young man who was his copilot, was from Elk Grove, Illinois. Elk Grove Village, I believe is… is where he was actually from. And… all of the time we see and we hear and we stand on this floor about those people that are serving and we… we thank them for what they do. I guess, until it comes this close to home… close to home, you don’t get the realization. I talked with… matter of fact, I was flying out to on… on Saturday from St. Louis Airport and I was only three gates away from the Bracey family, where I got to talk with them. 09400033.doc 165 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 And Todd’s mother who’s been in the military, her husband was in Vietnam. He was a radio intelligence officer then and flew backseat on jets. And he had told her, he said, ‘Judith, this is, ya know, our family and… and we suspect that maybe this would happen.’ And she looked at me and she said, ‘I never suspected it would happen, not to my boy.’ But Todd did what Todd wanted to do. I was up visitin’ him in England about 3 years ago when he was first stationed over there. And Todd, all he wanted to do was to fly the C-130 Hercules. It’s one of the largest planes in our fleet. It is an amazing plane. And the guys that fly it and work in ‘em are amazing people. The guys and gals travel all over and they protect us and they serve and we thank them for their service. And if we can have a moment of science… silence and I thank you for listening. Thank you.”
Speaker Turner: “And now allowing perfunctory time for the Clerk, Representative Lang moves that the House stands adjourned until Wednesday, April 6 at the hour of 11:00 a.m. Wednesday, April 6 at the hour of 11:00 a.m. And the House does, in fact, stand adjourned. The Lady from Lake, Representative May, for what reason do you rise?”
“Yes, Mr. Speaker. The House Environmental Health Committee tomorrow is canceled. I’m going to withdraw Amendment to House Bill 1585. Thank you.”
“Hopefully, all the Members within ear shot realize that the House Environment Committee has been canceled for tomorrow morning. The House Environment 09400033.doc 166 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 4/5/2005 Committee is also being canceled. Representative Bellock, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Point of personal privilege.”
“State your point.”
“I wanted to announce that the Conference of Woman Legislators will be hosting a reception tomorrow at the Pasfield House at 5:00 with the Girl Scouts and then afterwards for the dinner hosted by Molly. Thank you.”
Speaker Turner: “And the House does stand adjourned until Wednesday, April 6 at 11:00 a.m. Thank you.”
"The House Perfunctory Session will come to order. Introduction of Resolutions. House Joint Resolution 30, offered by Representative Mulligan and House Joint Resolution 31, offered by Representative Jones. These Resolutions are referred to the House Rules Committee. There being no further business, the House Perfunctory Session will stand adjourned.” 09400033.doc 167