“The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off their laptop computers, cell phones, and pagers. And we ask the guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by the Reverend Festus Umeojiego of the Uni… of the Unity Church of the North Shore in Evanston, Illinois. He is the guest of Representative Coulson.”
“Good morning. This is a very special day, a day of honoring, a day of celebration. And so, we take a moment as we begin this Session in a moment of prayer as we vo… invoke the spirit of the living God, in whom we live, move, and have our being. And as we open for this business of this Assembly today, let us be keenly aware of the sublime presence of God. We pray that the He saturates every space of this building and may we who enter this chamber be inspired by an uncommon wisdom that, like the wise Hebrew kind of old, Solomon, we may pray. Therefore, give to Your servants an understanding heart that we may serve Your people with discernment and fairness. We pray for wisdom and understanding beyond measure, the likeness of heart and minds, like the sand of the seashore. May those who are privileged to serve in these halls be inspired by the commonsense decency and uncommon statesmanship of Abraham Lincoln, whose legacy permeates this place, this town, our national history, and even affects the consciousness of the world. Finally, may we 09400047.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 always be aware of the idealism of our children, who on the playground would always seek to include every child in the game. Today, as often is the case, I have the privilege of bringing some children with me, some young ones with me, for acknowledgment by you of the international service. And may we be inspired by the ideals, for they still believe that their neighborhood is the world and that whosoever does good for the least of the children of the world has the aura of God about them. We pray this prayer mindful that the spirit of God in dwells each and every one of us. And we give thanks in the name of the living God. Thank You, God, for Your presence, for Your aura in this place. Amen.”
“We shall be led in the Pledge of Allegiance by Representative Moffitt.” Moffitt – et al: “I pledge of allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
“Roll Call for Attendance. Representative Currie.”
“Thank you, Speaker. Please let the record reflect that Representative McKeon is excused today.”
“Mr. Bost.”
“Thank you, Mr. Speaker. Please let the record reflect that Representative Black and Representative Poe are excused today.”
“Mr. Bost, who was the first name?” 09400047.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“Black.”
“Black.”
“Yes. Ya know, I know you… that disappoints you very much, Mr. Speaker, on the last day of the week that Representative Black would be gone. But…”
“Mr. Bost, does the full Membership know that Mr. Black will not be here today?”
“Well, I… I would hope that they would. And I hope that many will take up the… the slack that is left whenever he’s… he’s not here and available to speak on the issues.”
“Do you think this would be an opportune time to call Bills?”
“They might move just a slight bit faster.”
“Thank you, Mr. Bost. Clerk shall take the record. On this question, there are 115 Members responding to the Attendance Roll Call. There is a quorum present. Mr. Clerk.”
Clerk Bolin: "Committee Reports. Representative Bradley, Chairperson from the Committee on Judiciary I - Civil Law, to which the following measure/s was/were referred, action taken on May 04, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 74, Senate Bill 529, Senate Bill 658, Senate Bill 1907, and Senate Bill 1915. Representative Mendoza, Chairperson from the Committee on International Trade & Commerce, to which the following measure/s was/were referred, action taken on May 04, 2005, reported the same back with the following recommendation/s: 'do pass Short 09400047.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Debate' Senate Bill 323 and Senate Bill 1723. Representative McCarthy, Chairperson from the Committee on Higher Education, to which the following measure/s was/were referred, action taken on May 04, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 1932; 'do pass as amended Short Debate' Senate Bill 463. Representative Osterman, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on May 04, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 169, Senate Bill 171, Senate Bill 254, Senate Bill 299, Senate Bill 611, Senate Bill 613, Senate Bill 834, Senate Bill 1443, and Senate Bill 1444; 'do pass as amended Short Debate' Senate Bill 189 and Senate Bill 1910. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on May 04, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 23, Senate Bill 248, Senate Bill 1654, Senate Bill 1770, Senate Bill 1771, Senate Bill 2043, and Senate Bill 2116; 'do pass as amended Short Debate' Senate Bill 482, Senate Bill 635, Senate Bill 780, and Senate Bill 1354; 'recommends be adopted' House Joint Resolution 40. Representative Delgado, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on May 04, 2005, reported the same back with the following recommendation/s: 'do pass Short 09400047.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Debate' Senate Bill 519, Senate Bill 849, Senate Bill 1461, Senate Bill 1680, Senate Bill 1863, Senate Bill 1986; 'do pass as amended Short Debate' Senate Bill 1220, Senate Bill 1698, and Senate Bill 2091. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on May 04, 2005, reported the same back with the following recommendation/s in a corrected Committee Report: 'do pass Short Debate' Senate Bill 10, Senate Bill 58, Senate Bill 88, Senate Bill 162, Senate Bill 427, Senate Bill 767, Senate Bill 1638, Senate Bill 1639, Senate Bill 1734, and Senate Bill 2032; 'do pass as amended Short Debate' Senate Bill 223 and Senate Bill 1931. Representative Soto, Chairperson from the Committee on Labor, to which the following measure/s was/were referred, action taken on May 04, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 1751, Senate Bill 1752, and Senate Bill 2066; 'do pass as amended Short Debate' Senate Bill 411. Representative McAuliffe, Chairperson from the Committee on Veterans’ Affairs, to which the following measure/s was/were referred, action taken on May 05, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 1627, Senate Bill 2060; and 'do pass Short Debate' Senate Bill 1776. Representative Joe Lyons, Chairperson from the Committee on Aging, to which the following measure/s was/were referred, action taken on May 05, 2005, reported the same back with 09400047.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 the following recommendation/s: 'do pass Short Debate' Senate Bill 1665; 'do pass as amended Short Debate' Senate Bill 159. Representative Bradley, Chairperson from the Committee on Personnel and Pensions, to which the following measure/s was/were referred, action taken on May 05, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 253. Representative Molaro, Chairperson from the Committee on Judiciary II - Criminal Law, to which the following measure/s was/were referred, action taken on May 05, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 471, Senate Bill 554, Senate Bill 1210, Senate Bill 1491, Senate Bill 1495, Senate Bill 1884, and Senate Bill 1953; 'do pass as amended Short Debate' Senate Bill 100, Senate Bill 477, Senate Bill 562, and Senate Bill 1669. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following measure/s was/were referred, action taken on May 05, 2005, reported the same back with the following recommendation/s: 'direct floor consideration' for House Bill 990, referred to Third Reading, House Bill 1716, referred to Second Reading, Floor Amendment #1 to House Bill 1716; 'recommends be adopted' House Bill 2151, referred to Second Reading, House Bill 2010, referred to Second Reading, House Bill 2930, referred to Second Reading, and House Bill 3144, referred to Second Reading.” Speaker Lyons, J.: "The Chair recognizes… Representative Joe Lyons in the Chair. The Chair recognizes the Gentleman 09400047.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 from Cook, Representative D'Amico. For what reason do you reach… seek recognition?”
"Point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative D’Amico.”
"Thank you, Mr. Speaker, Members of the General Assembly. Up in the gallery up here, I have the seventh and eighth grade class from Saint Edwards Grammar School that’s in my district, which is also my alma mater, and Mr. Deutscher who also taught me when I was in eighth grade at that school. Let’s give them a round of applause welcoming them to Springfield.” Speaker Lyons, J.: "Welcome to Springfield, Saint Edwards. The Chair recognizes the Gentleman from Cook, Representative Acevedo. For what reason do you seek recognition, Representative?”
“Thank you, Mr. Speaker. I rise on a point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
“Mr. Speaker, at this time I’d like to wish all my colleagues in the House, on behalf of the Latino Caucus, happy Cinco de Mayo. We’d also like to thank our colleagues who did attend our annual festivities out at Boone’s on Tuesday. The most pressing question is, what is Cinco de Mayo? And we know it as when the Mexican Army defeated the French Army in the Battle of Puebla. But I’d like to give a brief history of the Cinco de Mayo. The fifth day of May is not Mexican Independence Day, but it should be. And Cinco de Mayo is not an American holiday, 09400047.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 but it should be. Mexico declared its independence from mother Spain at midnight, the 15th of September, 1810. And it took 11 years before the first Spanish soldiers were told and forced to leave Mexico. So, why is Cinco de Mayo and why should Americans savor this day as well? Because 4 thousand Mexican soldiers smatched… smashed the French and traitor Mexican Army of 8 thousand at Puebla, Mexico, a hundred miles east of Mexico City, on the morning of May 5, 1862. The French had landed in Mexico (along with the Spanish and English troops) 5 months earlier on the pretext of collecting Mexican debts from the newly elected government of democratic President (sic-and Indian), Benito Juarez. The English and Spanish quickly made deals and left. The French, however, had different ideas. Under Emperor Napoleon III, who detested the United States, the French came to stay. He brought a Hapsburg prince with them to rule the new Mexican empire. His name was Maximilian; his wife, Carlota. Napoleon’s French Army had not been defeated in 50 years and invaded Mexico with the finest modern equipment and with a newly rei… reconstituted Foreign Legion. The French were not afraid of anyone, especially since the United States was embroiled in its own Civil War. The French Army left the Port of Vera Cruz to Mexico City to the west, as the French assumed that the Mexicans would give up should their capital fall to the enemy, as European countries traditionally did. Under the command of Texan-born General Zaragoza, (and the cavalry under the command of Colonel Porfirio Diaz, later to be 09400047.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Mexico’s president and dictator), the Mexicans awaited. Brightly dressed, French Dragoons led the enemy columns. The French Army was less stylish. General Zaragoza ordered Colonel Diaz to take his cavalry, the best in the world, out to the French flanks. In response, the French did a most stupid thing; they sent the cavalry off to chase Diaz and his men, who proceeded to butcher them. The remaining French infantry charged the Mexican defenders through sloppy mud for a thunderstorm and through hundreds of head stampeding eating cattle, stirred up by Indians armed with only machetes. When the battle was over, many French were killed and wounded and their cavalry was being chased by Diaz’ supre… superb horsemen miles away. The Mexicans had won a great victory and kept Napoleon III from supplying the Confederate rebels for another year, thus, allowing the United States to build the greatest army the world has ever seen. This grand army smashed the Confederates at Gettysburg just 14 months after the Battle of Puebla, essentially ending the Civil War. Union forces were then rushed to the Texas/Mexican border under General Phil Sheridan, who made sure that the Mexicans got all the weapons and ammunition they needed to expel the French. American soldiers were discharged with their uniforms and rifles if they promised to join the Mexican Army to fight the French. The American Legion of Honor marched into the victory parade in Mexico City. It might be a historical stretch to credit the survival of the United States to those brave 4 thousand Mexicans who faced the army twice as 09400047.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 large in 1862, but who knows. In gratitude, thousands of Mexicans crossed the border after Pearl Harbor to join the United States forces. As recently as the Persian Gulf War, Mexicans flooded American consulates with phone calls, trying to join and fight another war for America. Mexicans, you see, never forget who their friends are, and neither do Americans. That’s why Cinco de Mayo is such a party, a praty… a party that celebrates freedom and liberty. There are two ideals when Mexicans and Americans have fought soldier to soldier to protect ever since the 5th of Cinco de Mayo. Y Viva, Cinco de Mayo. Ladies and Gentlemen, on behalf of the Latino Caucus, we’d like you to participate in a little treat that we… a special addition, the Mexican community is, of course, tamales and it’s being served over here on the side. You’re more than welcome to help yourself. And our Latino Caucus Foundation. Thank you.” Speaker Lyons, J.: "Thank you very much, Representative Acevedo. The Chair recognizes the Lady from Cook, Representative Beth Coulson. Representative, for what purpose do you seek recognition?”
“I rise in point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
“I would like to introduce a group of students from the Unity Church of the North Shore and recognize them for their international service last summer and again this summer in Costa Rica. Thank you guys for all your grateful, hard work.” 09400047.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Speaker Lyons, J.: "Welcome to Springfield. The Chair would like to recognize the Gentleman from Crawford, Representative Roger Eddy. For what purpose do you seek recognition, Representative?”
"Point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Today is the Illinois Principals Association lobby day and we are joined by principals from throughout Illinois, including a couple of principals from Crawford County. And if they’ll stand, would you help me welcome the Illinois Principals Association to their lobby day.” Speaker Lyons, J.: "Welcome to Springfield. The Chair recognizes the Lady from Champaign, Representative Naomi Jakobsson. For what reason do you rise?”
“Thank you, Mr. Speaker. I rise on a point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
“I hope everybody’s listening to this carefully. I know it’s on the weekly House bulletin that you just received but I wanna be sure everybody knows that the Fighting Illini Illinois Men’s Basketball Team will be here, here in this very building, on Tuesday, May 10. Got that? And they’re gonna be here in the morning, so that’s why I want you to be sure and notice this because they will get to the Capitol at 10:00. They will be in the Secretary of State’s Office to meet and greet, photo opportunities, then they’ll be in the rotunda at 10:30. And they’ll be 09400047.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 going back to the Secretary of State’s Office and I’m not sure how long they’ll be there for us to be with them. They will be here on the floor at noon and then they’ll go to the Senate at 12:30.” Speaker Lyons, J.: "Thank you, Representative, for that wonderful announcement. We look forward to Coach Weber and the best basketball team in the country to be here with us on Tuesday. The Chair recognizes the Gentleman from Cook, Representative Dan Burke. For what reason do you seek recognition, Representative?”
“Thank you, Mr. Speaker. On a point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
“I just wanted to formally thank the Emerald Society of Chicago for performing in our chamber before Session this afternoon. I think if we had a little more of that type of music the blood’d be flowing a little stronger and we’d have better days here. So, thank you so much. And I thank the Speaker for permitting that performance this afternoon.” Speaker Lyons, J.: "Thank you, Representative Burke. The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia. Representative, for what purpose do you rise?”
“Personal privilege, Mr. Speaker.” Speaker Lyons, J.: "Please proceed, Representative.”
“Ladies and Gentlemen of the House, you’re all aware that today at 11:00 we had the memorial service for fallen police officers between the Capitol and the Stratton 09400047.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Building. The guest speaker was our own John Millner, retired chief of police who gave a very stirring speech. For those of you that were there with me, you know how he touched our hearts. The rest of us should give him a warm round of applause for his excellent words. Thank you.” Speaker Lyons, J.: "Thank you, Representative Sacia. Thank you, Representative. We also have Representative Patti Bellock, the Lady from Dupage. For what purpose do you rise?”
“Thank you very much, Mr. Speaker. Point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
“I just would like to make an announcement about the Conference of Women Legislators. The Capitol Capers is May 17, there’s a notice on your desk. We still would like more people to join in. The practice is next Tuesday, May 10, and the practice for the 12th has been canceled because of Session being canceled on the following day. So, we hope all of you who would like to be in the show will be there on Tuesday, May 10, at the Howlett Center and join us. Thank you.” Speaker Lyons, J.: "Thank you, Representative Bellock. Mr. Clerk.”
"Introduction and First Reading of House Bills. House Bill 4074, offered by Representative Holbrook, a Bill for an Act concerning medical malpractice. First Reading of this House Bill.” 09400047.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Speaker Lyons, J.: "Mr. Clerk, on page 3 of the Calendar, Representative Bellock had Senate Bill 3. Read the Bill, Mr. Clerk.”
"Senate Bill 3, a Bill for an Act concerning education. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Lady from DuPage, Representative Patti Bellock.”
“Thank you very much, Mr. Speaker. This is Senate Bill 3, which allows the State Board of Education to make grants to local school districts to expand the Autism Center for Excellence pilot program. This is an issue we’ve been working on for a couple of years and this is a way of training more people to teach children, autism, to get them back into the mainstream schools, and they’ve been very successful at it. I’d be glad to answer any questions.” Speaker Lyons, J.: "Thank you, Representative. Is there any discussion on Senate Bill 3? Seeing none, the question is, ‘Should Senate Bill 3 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 3 of the Calendar, Senate Bill 214… Representative Reitz has Senate Bill 214. Read the Bill, Mr. Clerk.” 09400047.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
"Senate Bill 214, a Bill for an Act concerning warehouses. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes Representative Dan Reitz.”
“Thank you, Mr. Speaker. Senate Bill 214 is an initiative of the Department of Agriculture. It creates the as… asset per… preservation account. It’d be funded by income earned on assets from the Grain Insurance Fund. This… the genesis of this legislation is to meet an audit finding that the Department of Agriculture had and it will maintain the individual trust accounts. And they’re doing this simply for good accounting measures. I’d be happy to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 214? Seeing none, the question is, ‘Should Senate Bill 214 pass?’ All those in favor signify by voting ‘aye’; those opposed vote ‘no’. 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 Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, Representative Froehlich has Senate Bill 226. Read the Bill, Mr. Clerk.”
"Senate Bill 226, a Bill for an Act concerning government. Third Reading of this Senate Bill.” Speaker Lyons, J.: "Representative Froehlich.” 09400047.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
"Thank you, Mr. Speaker. Senate Bill 226 simply puts some minimum standards of what should be on the website if a public body has a website that its staff maintains. I’m unaware of any opposition. I ask for an ‘aye’ vote.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 226? Seeing none, the question is, ‘Shall Senate Bill 226 pass?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Yvetter Younge, like to be recorded? Yvetter. Mr. Clerk, take the record. On this Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 3 of the Calendar, Representative Moffitt has Senate Bill 292. Read the Bill, Mr. Clerk.”
“Senate Bill 292, a Bill for an Act concerning courts. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cox (sic-Knox), Representative Moffitt.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 292 defines ‘crime victim’ in juvenile proceedings to include both parents of a deceased minor who is a cri… crime victim. This is an initiative of the Illinois State’s Attorneys Association. Under… current law only allows the guardian of a deceased minor to be present. The reason for this Bill is that both parents of a crime 09400047.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 victim could be present for impact statement and for sentencing. Be happy to entertain any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 292? Seeing none, the question is, ‘Should Senate Bill 292 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Speaker, on page… Mr. Clerk, on page 3 of the Calendar is Senate Bill 311. Representative Acevedo. Read the Bill, Mr. Clerk.”
"Senate Bill 311, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Acevedo.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 311 amends the Illinois Plumbing License Law to… that… to require that applicants or licensees must be filed before the last day of September rather than April of each year and that all plumbing registrations expire on the last day of September rather than April. I’d be happy to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 311? Seeing none, the question is, ‘Should Senate Bill 311 pass?’ All those in favor signify by voting ‘aye’; those opposed vote ‘no’. The voting is open. Have all voted who 09400047.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 wish? Have all voted who wish? Have all voted who wish? Representative Colvin. Mr. Clerk, take the record. On this Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar is Senate Bill 326. Representative Connie Howard. Read the Bill, Mr. Clerk.”
"Senate Bill 326, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Connie Howard.”
“Thank you, Mr. Speaker. Senate Bill 326 provides an additional 60 days of good conduct credit to inmates earning a G.E.D. certificate. It also requires that the Department of Corrections develop a program to increase inmate enrollment in G.E.D. programs. I’ll accept questions at this time.” Speaker Lyons, J.: "The Chair recognizes the Lady from Kane, Representative Lindner.”
“Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "She indicates she will."
“Representative, can you tell me… explain good time and how much good time credit people get at present?”
“I’m sorry, you said explain good time credit?”
“Yes. And… and how much…”
“That means that a person who has done something that we consider to be progressive and something that is 09400047.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 positive would be able to have less time to serve in… on the prison sentence.”
“Well, I’m sorry. I meant, right now do people get good time credit just as a matter of course for every day that they are in there without doing anything?”
“Yes. There is a program that is currently existing that does allow that one day for one day good time credit.”
“All right. And can you tell me the other programs for which good time credit is awarded?”
“I am not familiar with the other programs for which good time credit is awarded.”
“Okay. But… but you know that there are such other programs? Is that…”
“I… I am told, Representative, that there are such programs, yes. But I’m also understanding that for each of them, one must have earned it. You don’t just get the good time credit. You have done something to demonstrate that your life… that you want your… your life to be different, you want to demonstrate that you have turned over a new leaf, that in fact, you are ready to be a productive citizen in our state.”
“Well, I guess what I’m really trying to determine is if… if someone gets one day for every day the person is in anyway, just as a matter of course, and then there are other programs for which good time credit is awarded and then this is another good time credit program, what… what is the possibility that somebody would not have to serve very many days at all?” 09400047.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“It’s my understanding that it depends on the nature of the crime. Some of the programs provide one day for one day good time credit, others provide for only a couple of days in the course of a month. A typical good conduct credit is one day of good time for each day or the 4.5 days of good conduct credit for each month.”
“All right. Is a certified G.E.D. program offered at all Department of Corrections’ facilities?”
“Repeat that, please.”
“Is a certified G.E.D. program offered at all Department of Correction facilities?”
“We do not have that information currently, but I know that there are G.E.D. programs in some. This Bill would increase the numbers of programs that are in the… in the facilities.”
“And is… is there the funding for that?”
“We do not address the funding source, but we did not have any objections, any opposition from the Department of Corrections.”
“And is there anyone against this legislation?”
“It appears that there is no one who’s signed up against it.”
“And I know… I think in the substance abuse programs if a person is on a waiting list they still get the good time credit. But it’s my understanding with your Bill that you have to actually complete the G.E.D. before you get good time credit, is that correct?”
“That is correct.” 09400047.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“All right. Thank you, Representative, for answering the questions.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Delgado.”
“Thank you, Mr. Chair… Mr. Pr… Mr. Speaker. To the Bill.” Speaker Lyons, J.: "To the Bill.”
“Real quickly, just for the clarification, on… Senate Bill 326 is a very good Bill. Keeping in mind, when we talk about good time credit, inside the penal systems there are classifications of prisoners. These classifications of prisoners go all the way to ‘x’. And although an ‘x’… a prisoner on an ‘x’ row can apply for certain good time does not mean they’re gonna get it. This piece of legislation will be aimed at your… your nonviolent type criminals and those individuals who would qualify. A certain amount of inmates cannot work in certain parts of the prison, for example. So it’s just very important for the Members to know that this is not a wide net casting all individuals. Based on classifications… and I’m sure many of you in your own offices, someone has wanted someone to be transferred from a maximum facility to a medium. That could not be done. You may want some… unless it’s a lateral move. Someone may call your office and say, my loved one wants to work in the furniture store. They will say that person… they will look at their class of… of the level of risk and then at that point they won’t have that either. Same thing works with the good time and that’s why this particular 09400047.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 legislation is not aimed at the hard core criminals. Because, for that matter, none of us would be voting for this Bill. This Bill went through Jud II. It’s a very good piece of legislation and it’s only aimed at sectors of this population and good time for those who are going to come back into our society who we know that we can work with should be given that privilege.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Giles.”
“Thank you, Mr. Speaker. To the Bill.” Speaker Lyons, J.: "To the Bill.”
“This… this piece of legislation is… is one of the best pieces of legislation that we have in this Body today. This piece of legislation is the type of legislation that will curb recidivism within our state. Individuals that we all know… and we all stress how important education is in our society, to continue to move and continue to… to be able to be a productive and viable and successful individual in our society. This piece of legislation gives those in… individuals… as the lat… Representative Delgado has just mentioned, these are not hardened criminals. These are individual who have maybe made a mistake and they need a second chance. And we are asking these individuals to get a certain level of education so that when they get out they can continue upon that education and… and hopefully… and given the opportunities to have good employment so that they can stay out of the penal system. This is the type of legislation… it’s not a feel-good piece 09400047.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 of legislation. This is a legislation that we should require within our society, within this state, within our communities. This is a type of legislation that the individuals who are in… who are incarcerated who want… who have… have a change of heart, who have… who have realized a mistake and they want that second opportunity. I urge all my colleagues to support this legislation. This is one of the best pieces of legislation that we have in this Session. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "She indicates she will."
“Representative, recently I was watching a program on TV that talked about the victims of this legi… of crime. And the hope just of the… of the program was the early release of prisoners and not letting these people know that the person who perpetrated the crime against them was being released. Now we… and it was on an early release program. What kind of safeguards do you have in here to…” Speaker Lyons, J.: "Mr. Parke, could you repeat the last part of your question? I think she had a little trouble hearing. I’d ask the chamber if we could lower the noise level in here please, we have some debate going on here on a very important issue. Shhh.”
“I… I recently saw a program on TV where the crux of the… of the program was that victims were… where somebody who’s perpetrated a crime against them, normally a violent 09400047.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 crime, were being released earlier because of your… the very things that you’re talking about. And that the crux was that they need to at least let the victims know that these men or women are gonna be released early. What safeguards do you have in here to the victims to let them know, at least, that person’s back on the street, in case… in case they need to be aware that… sometimes people who get out of prison are vindictive and will perpetrate additional crimes on those that may have testified against them.”
“This Bill does not specifically speak to that issue, Representative Parke. Our mission is to try to make certain that individuals who will eventually become a part of the citizenry again will be given an incentive to do that. And when they be… when they are, in fact, released, that they will be productive. The fact that we’re giving them the good time only happens if they have completed their G.E.D. With a G.E.D., then a person has many more options and they hopefully will not resort back to the kind of life that they were in before. So, no, we don’t… we’re not addressing that issue. That, perhaps, is something that can be addressed in another Bill, but not this one.”
“Well, I think that’s fair. To the Bill. The Lady has indicated to us that her Bill is going to take care of a need that she perceives. And for some of the citizens who have been incarcerated and are out because of good behavior because of getting more education, hopefully to end recizitism (sic-recidivism), I think that’s correct word, 09400047.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 recizitism (sic-recidivism). But, whatever. And… but I… I have as much concern about victims as you do, Representative, on these men and women being released early because of educational opportunities. So, if you could follow up with a Bill I certainly would be interested in looking at it and helping you with it because I want somebody to know that somebody who has had a violent armed robbery against them and they know that they’ll be in prison for 15 years and all of the sudden they’re out in 10 or 5, that that victim oughta be notified to some degree. So I think follow-up legislation… ‘cause I am concerned about victims. As a matter of fact, Roland Burris and I worked on a victims’ right Bill many years ago and I wanna make sure that applies here. So, thank you, Representative.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from DuPage, Representative Jim Meyer.”
“Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "She indicates she will."
“Representative, currently, do we know how many people who are incarcerated are enrolled in the existing programs that we offer?”
“I do not.”
“Okay. Do we know how many people are on waiting lists for existing programs that are offered?”
“I don’t know that either.”
“Okay. Well, my point in asking that is not to try…”
“One of the…” 09400047.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“…to give you a hard time because, quite frankly, I plan on voting for your legislation. But I do have a concern in that your legislation very specifically calls for a report to be generated that would show a hundred percent increase in enrollment over a 4-year period of time as well as to provide reports, I would assume on an annual basis, that would indicate the number of enrollees in the program and the number of enrollees that are waiting to get in the program because there are no open slots. My concern on the… on… on the way going into this is we need to know where we’re starting from, number one, to gauge whether the program is successful in increasing the percent of people that are enrolled by a hundred percent. If we’re already full at this point and there is a waiting list, well, that means that over a 4-year period of time you’re going to be looking to double the size of the program. We need to make sure that there are facilities that will allow for that, that we have the working staff in place that will allow for that, and we need to understand the cost of that. Although, I would assume the cost of putting people back out on the street that are not gonna be recidivate, people that create crime again, would be at a lesser cost than if we kept them incarcerated. I don’t… that’s where I think the stren… strength of your plan is. But what… what about the nuts and bolts of the starting point and what… how do we get to that hundred percent?”
“Let me say that I can only ask you to remember that the Department of Corrections did not oppose this Bill. 09400047.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 They, therefore, did not indicate that there would be a problem in terms of the numbers and, maybe at some point, an overburden. So I’m going to… to say that if they don’t think it’s a problem and they feel that they can comply with this, that I think that we should sort of believe that they can… they can handle whatever it is. Because you have to understand, things are relative. A hundred percent might be 2 people, it might be 50 people, we don’t know. But the Department of Corrections is saying that they can handle it because they never came forth and said that they couldn’t. And we’ve talked to… I’ve been in discussions with the Department of Corrections on a number of occasions, probably about most of my Bills.”
“Well, I… I don’t know if I enjoy your same optimism. Quite frankly, I… I would think that we would want to make certain that we do ask those questions as we move forward with the legislation, because the… you’re asking to do, I think, a good thing. And ya don’t wanna just pay lip service to it, and I don’t suggest that you do want to do that. But the only thing we know whether we just paid lip service to… to a correctional issue is if we ask the questions, and I certainly think that those are things that should be asked on the front end and hold their feet to the fire to perform and make certain that what we intend from a policy standpoint as Legislators, the Department of Corrections actually carries forward on. And I… I would just say that I had helped them start a dog training program that would give careers to people at one point. 09400047.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 And I now understand that’s kind of gone by the wayside, unfortunately to those that were the recipients of the trained dogs. But at the same time, unless we hold their feet to the fire, out of sight, out of mind. And I think you got a good… good idea here.”
“Yes, Representative Meyer, I appreciate your comments. All I can say is we are now spending anywhere between 18 and 30 thousand dollars a year to house these individuals. If we can figure out how they don’t have to come back or we can… if we can give them some incentive to not come back, this state is going to save probably millions of dollars. So while, yes, there might be some kind of nominal, minimal investment upfront, eventually we’re going to see some cost savings because we took this step to try to keep the recidivism rates down.”
“And again, I don’t disagree with what you’re trying to do. I just want to make sure that what you do do gets done.”
“Thank you. I appreciate that.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from DuPage, Representative Millner.”
“Thank you, Mr. Speaker. And to the Bill.” Speaker Lyons, J.: "To the Bill.”
“I think this is a excellent piece of legislation. And… and it’s… really, is makes common sense. Think about it. You have two inmates, one who is working to achieve an educational lever… level better than they have, the other inmate is just sitting there. Which inmate is going to be 09400047.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 able to produce more when they get out of jail… or prison? The one who has the education. And we know that the research has indicated that if we want to reduce recidivism, those who participate in educational programs who are actually bettering their lev… their level of education are less likely to be… to spend anymore time in prison. Because of that, we’re gonna reduce the level of recidivism, we’re gonna reduce the number of prisoners, those people who take advantage of this. Those who work for it oughta get something for it. And for that reason, I ask you all to please support this Bill.” Speaker Lyons, J.: "Representative Howard to close.”
“I… I appreciate all of the good remarks from those who are supportive of my legislation. I ask all of you to please give me a ‘green’ vote. Thank you.” Speaker Lyons, J.: "The question is, ‘Should Senate Bill 326 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Granberg. Representative McAuliffe. Mr. Clerk, take the record. On this Bill, there are 94 Members voting ‘yes’, 21 Members voting ‘no’, 0 voting ‘present’. This Bill… this Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, Mr. Clerk, Representative Saviano has Senate Bill 173. Read the Bill, Mr. Clerk.” 09400047.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
"Senate Bill 173, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 173 is an initiative of the Illinois Credit Union League. There’s no known opponents. All this does is offer parity for credit unions to allow health savings accounts and charitable donations to be put in credit unions. I would ask for a favorable vote. It’s a pretty simple Bill. Thank you.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 173? Seeing none, the question is, ‘Should Senate Bill 173 pass? All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there are 114 Members voting ‘yes’, 0 voting ‘no’, 1 Member voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 3 of the Calendar is Senate Bill 328. Read the Bill, Mr. Clerk.”
"Senate Bill 328, a Bill for an Act concerning child care. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from DeKalb, Representative Pritchard.”
"Yes, Ladies and Gentlemen of the House, this Bill creates the Helping Heroes ChildCare Program Act, which is to help our arms (sic-armed) service men and women who are 09400047.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 called to service in Afghanistan and Iraq to provide childcare services that aren’t currently extended to them under the U.S. Military Acts. This is filling a hole. This is trying to help those individuals who are sacrificing their lives and disrupting their families. It’s a good Bill that creates a fund. It uses federal dollars that become available in channels sent through the Department of Human Services to help these men and women. I ask for your support.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 328? Seeing none, the question is, ‘Should Senate Bill 328 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Feigenholtz, for what reason do you seek recognition? Okay. Does not seek recognition. Mr. Clerk, on page 3 of the Calendar, Senate Bill 350. Representative David Leitch. Read the Bill, Mr. Clerk.”
"Senate Bill 350, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Peoria, Representative David Leitch.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 350 is a Bill to move the 211 phone 09400047.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 number issue off the dime and get it implemented in Illinois. I’d be happy to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 350? Seeing none, the question is, ‘Should Senate Bill 350 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar is Senate Bill 416. Representative Connie Howard. Read the Bill, Mr. Clerk.”
"Senate Bill 416, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Howard.”
“Thank you, Mr. Speaker. Senate Bill 416 amends the Crime Victims Compensation Act concerning relocation and temporary lodging costs for victims of crime. I’ll answer questions.” Speaker Lyons, J.: "Is anyone seeking recognition? Discussion on Senate Bill 416? Seeing none, the question is, ‘Should Senate Bill 416 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Delgado. Mr. Clerk, take the record. On this Bill, there are 115 Members 09400047.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, Senate Bill 426. Representative Schock. Is Rep… read the Bill, Mr. Clerk.”
"Senate Bill 426, a Bill for an Act concerning employment. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Peoria, Representative Schock.”
"Thank you, Mr. Speaker. Senate Bill 426 basically works to right a wrong currently in the statute to not punish employers who go out of business to serve the country and come back and whose unemployment insurance costs are more expensive and… and adjusts it according so that they wou… their business would not have gone out of… temporarily out of business while they served the country. Appreciate a ‘yes’ vote and be happy to answer any questions.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks.”
“Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "He indicates he will."
“Aaron, I’m trying to figure out how this works. You’re saying that if a business closes their… their unemployment insurance rate will stay the same… will stay the same?”
"That’s correct.” 09400047.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“Okay. Now, when they’re closed they’re not paying any unemployment insurance rates. Are you talking about when they’re reopened, what the deal is?”
"I’m sorry, I’m having difficulty hearing you. Could you…”
“Okay. My question is, if the business is closed they’re not paying any unemployment rates, correct? Because there’s no payroll.”
"Right. But they… I’m sorry, it… it… when they reopen their business after they come back from their tour of duty their rate is adjusted higher because of the unemployment that was drawn while they were out. That… that’s current law.”
“Okay. So, what you’re trying to say is that if they are… they’re called up to active duty, that they won’t be penalized with a higher ins… unemployment insurance rate once they come back and open their business?”
"Yes.”
“Now, would someone who owns the business be able to collect unemployment while they get called up?”
"Ca… can you say that again?”
“What I’m wondering is if you’re an owner of the company and let’s say it’s a one-person shop, okay? Or let’s say it’s… you have one employee, the owner would not be able to collect unemployment, would he? While he gets called over… up over seas?”
"I don’t believe so.” 09400047.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“Okay. So, I’m just trying to figure out in my mind how this is working. I’m not trying to trip it up, I’m just not sure if we’re doing this right.”
"Well, let… I believe that in… in the case of a sole proprietorship where he is the only employee or he is self- employed, that currently he doesn’t have to pay the… the U.I. tax. But the reason this was brought up was constituents in my district and my predecessor who here was before passed similar legislation, but unfortunately did not fix the problem. An individual who… a dentist, for example, that went overseas and… and the staff that worked with him obviously could not operate because he was the sole practitioner or the dentist in the office. And so as a result, he came back and was penalized for going overseas.”
“Okay. If that’s gonna right that wrong, that’s fine. All right, thank you very much. Thanks for explaining it.”
"Thank you. Appreciate it.” Speaker Lyons, J.: "Seeing no further questions, Representative Schock to close.”
"Again, it’s a good Bill and I’d urge a ‘yes’ vote. Thank you.” Speaker Lyons, J.: "The question is, ‘Should Senate Bill 426 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting 09400047.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, Representative Lindner has Senate Bill 452. Read the Bill, Mr. Clerk.”
"Senate Bill 452, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Lady from Kane, Representative Pat Lindner.”
“Thank you, Mr. Speaker. This Bill allows public aid to comply with federal child support distribution requirements by calculating the 9 percent interest every 30… no, at the end of each month rather than every 30 days.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 452? Seeing none, the question is, ‘Should Senate Bill 452 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, Representative Mathias has Senate Bill 460. Read the Bill, Mr. Clerk.”
"Senate Bill 460, a Bill for an Act concerning estates. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Lake, Representative Sid Mathias.” 09400047.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“Thank you, Mr. Speaker. Senate Bill 460 is basically a trailer Bill to a Bill I passed last year. There was some confusion as to when the effective date of the Bill was and if it applied to people that died before the… the date of the Bill. And Senate Bill 460 straightens it… straightens that out and basically states that a small estate affidavit applies regardless of the date of death of the decedent. I ask for your ‘aye’ vote.” Speaker Lyons, J.: "Is there any question on Senate Bill 460? Seeing none, the question is, ‘Should Senate Bill 460 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, Representative Mathias has Senate Bill 489. Read the Bill, Mr. Clerk.”
"Senate Bill 489, a Bill for an… a Bill for an Act concerning government. Third Reading of this Senate Bill.” Speaker Lyons, J.: "Representative Mathias.”
“Thank you. This also is a cleanup Bill to conform the starting date when terms begin for county chairpersons and highway commissioners to make it consistent with other elected offices. And I ask for your ‘aye’ vote.” 09400047.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Speaker Lyons, J.: "Is there any discussion on Senate Bill 489? Seeing none, the question is, ‘Should Senate Bill 489 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 issue, there are 480 (sic-115) Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Menard, Representative Brauer. For what purpose do you seek recognition, Representative?”
“Thank you, Mr. Speaker. A point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
“Up in the gallery we have school kids from Washington- Monroe School in Lincoln, Illinois. They’re being chaperoned today by Leslie Singleton and Bev Wunderlin. Please give them a Springfield welcome. Thank you.” Speaker Lyons, J.: "Welcome to Springfield, kids. On page 4 of the Calendar is Senate Bill 517. Representative Froehlich has this Bill. Read the Clerk, Mr. Clerk… read the Bill, Mr. Clerk.”
"Senate Bill 517, a Bill for an Act concerning nursing mothers. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Paul Froehlich.”
"Thank you, Mr. Speaker. Senate Bill 517, it’s identical to House Bill 1102 that passed the House in 09400047.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 March, 113-0. It simply permits nursing mothers to be excused from jury duty. I ask for your ‘aye’ vote again.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 517? The Chair recognizes the Lady from Cook, Representative Barbara Flynn Currie.”
“Thank you, Speaker. First, a little bit of history. Used to be that we had all kinds of exemptions from jury duty. Ya know, and the… and the year that we abolished them all, subjected even ourselves to the opportunity and the responsibility of jury duty, was the year that the pharmacists were trying to get their own exemption. I think it’s a mistake to do automatic exemptions and I think the notion that a nursing mother needs some special protection under the law is to deny the value of nursing babies in our society. I believe that a nursing mother who, for whatever reason, is unable because of that to serve on the jury because the judge won’t let the baby in the courtroom or what have you, I think that it is likely that the judge will decide to dismiss that particular juror for those specific circumstances. But to say as a general proposition that nursing mothers don’t qualify to participate as jurors, it seems to me, demeans women and begins the process of further exemptions, which I do not think is good public policy. I think nursing mothers would make great members of a jury in the State of Illinois and I intend to vote ‘no’.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Jack Franks.” 09400047.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "He indicates he will."
“Representative Froehlich, I didn’t read the Bill the same way as the Majority Leader did. I read the Bill to mean that they’re not excluded but if they wanted to get off because they were nursing or for something else they could ask to be removed, but they wouldn’t necessarily be removed. Is that correct?”
"That is correct, thank you for that clarification.”
“Okay. Then why… I’m told that we can do this right now without this law. Why do we need the law?”
"Well, it is true under another provision of hardship that a… a nursing mother could ask to be excused. But it’s not the… the… court officials do not have to do it. Okay? And there have been instances, since babies are not allowed in the courtroom, of mothers who are in the bathroom with a pump, pumping milk so that their infant can still be fed.”
“Okay. Are there… I’m gonna ask, are there other exemptions that are in the law now that are written that would give people the opportunity to opt out without questioned by a judge?”
"I’m not aware of any but I haven’t checked.”
“Would… so you… this would be the first one you think?”
"It could be. And as you say, it does say ‘upon request’. It does not make it automatic.”
“Okay. Thank you. I just wanted to hear those answers.” 09400047.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Speaker Lyons, J.: "Seeing no further questions, Representative Froehlich to close.”
"I appreciate an ‘aye’ vote.” Speaker Lyons, J.: "The question is, ‘Should Senate Bill 517 pass?’ All those in favor vote ‘aye’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 97 Members voting ‘yes’, 12 voting ‘no’, 6 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair re… on page… on page 4 of the Calendar is Senate Bill 528. Read the Bill, Mr. Clerk.”
"Senate Bill 528, a Bill for an Act concerning local government. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Senate Bill 528 is a simple cleanup Bill. Current law does not allow former State Police, if they are over the age of 35, to apply to a municipality to be a firefighter or a police officer. This would allow the State Troopers… former State Troopers to apply for these positions. In some of your analysis it may show that the Associated Firefighters are against this Bill. That is incorrect, they are neutral on it. They have no objections whatsoever. I’d be happy to answer any questions.” 09400047.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Speaker Lyons, J.: "Is there any discussion on Senate Bill 528? Seeing none, the question is, ‘Should Senate Bill 528 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, Representative Will Davis has Senate Bill 533. Read the Bill, Mr. Clerk.”
"Senate Bill 533, a Bill for an Act concerning business. Third Reading of this Senate Bill.” Speaker Lyons, J.: "Representative Davis.” Davis, W.: “Thank you, Mr. Speaker. House Bill 5… excuse me, Senate Bill 533. Under this Bill, a shareholder would be relieved of his or her fiduciary obligations to the other shareholders in a small or closed corporation if he or she irrevocably waives (1) their right to vote on any shares, (2) the right to be a director or officer of the corporations, and (3) the right to be… the right to control corporate actions, including the election or removal… or removal of any director or officer of the corporation. This is an initiative of the Secretary of State’s Office. It’s a Senate Bill that passed out of the Senate unanimously. I ask for an ‘aye’ vote.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 533? Seeing none, the question is, ‘Should Senate Bill 533 09400047.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, Representative Eddy has Senate Bill 769. Read the Bill, Mr. Clerk.”
"Senate Bill 769, a Bill for an Act concerning alternate fuels. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy.”
"Thank you very much, Mr. Speaker. Senate Bill 769 amends the Alternate Fuels Act to redefine biodiesel fuels, allowing the use of a 20 percent or higher rather than 80 percent or higher blend of biodiesel fuel to be eligible for rebates and grants under the EPA’s alternative… alternate fuels rebate program. It also adds hydrogen fuel to the list of types of fuels that are included in the definition and does a little bit of cleanup in inconsistency in the definition of ‘biomass fuels’. And I would ask for the favorable… your favorable vote and I would answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 769? Seeing none, the question is, ‘Should Senate Bill 769 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who 09400047.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar, Representative Froehlich has Senate Bill 1438. Read the Bill, Mr. Clerk.”
"Senate Bill 1438, a Bill for an Act concerning responsible fatherhood. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Paul Froehlich.”
"Thank you, Mr. Speaker. Senate Bill 1438 merely extends the repeal date on the Council on Responsible Fatherhood. Originally, it was supposed to be ended July 1, 2005, because some appointments hadn’t been made on a timely manner. This Bill would simply extend it to July 1, 2006. I’d appreciate an ‘aye’ vote.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 1438? Seeing none, the question is, ‘Should Senate Bill 1438 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 09400047.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 of the Calendar, Representative Sara Feigenholtz has Senate Bill 1458. Read the Bill, Mr. Clerk.”
"Senate Bill 1458, a Bill for an Act concerning adoption. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Sara Feigenholtz.”
“Thank you, Mr. Speaker. This is also a trailer Bill to a Bill that we passed last year, also sponsored by Senator Sullivan, that provides for a person who is internationally adopted that they may establish a record of foreign birth at the Department of Public Health. I’d be glad to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 1458? Seeing none, the question is, ‘Should Senate Bill 1458 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar, Representative Parke has Senate Bill 1483. Read the Bill, Mr. Clerk.”
"Senate Bill 1483, a Bill for an Act concerning safety. Sec… Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Terry Parke.” 09400047.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is really more technical in nature than anything else. It is a agency Bill with the Illinois Emergency Management Asso… Agency and I would ask that the Body pass this legislation.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 1483? Seeing none, the question is, ‘Should Senate Bill 1483 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar Representative Munson has Senate Bill 1645. Read the Bill, Mr. Clerk.”
"Senate Bill 1645, a Bill for an Act concerning technology development. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Ruth Munson.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1645 amends the Technology Development Act to create a technology development fund to provide technology grants to schools for the purposes of purching (sic-purchasing) computers and upgrades. This fund is designed to continue the initiative of the Treasurer’s Office and encouraging the development and use of 09400047.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 technology within the State of Illinois by providing funding source for technology for schools and without additional expense to the state or taxpayers. Take any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 1645? Seeing none, the question is, ‘Should Senate Bill 1645 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, 115 Members are voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, Representative McCarthy has Senate Bill 1649. Read the Bill, Mr. Clerk.”
"Senate Bill 1649, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1649 is an initiative of the Township Officials of Illinois. This is cleanup language from legislation we have passed in the last two General Assemblies. And it basically talks about the requirements of a township road commissioner having to obtain approval from a county engineer before commencing certain projects. Senate Bill 1649 merely addresses these discrepancies and adjusts the various sections to conform with the intent of 09400047.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 the earlier enacted legislation. The Illinois Association of County Engineers as well as the Township Officials of Illinois are supporters of this Bill and there’s no knorn… known opposition. It passed unanimously out of the Senate and unanimously out of the Transportation Committee. I’d appreciate your support.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 1649? Seeing none, the question is, ‘Should Senate Bill 1649 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, Representative Verschoore has Senate Bill 14… 1666. Senate Bill 1666. Read the Bill, Mr. Clerk.”
"Senate Bill 1666, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Rock Island, Representative Pat Verschoore.”
"Mr. Speaker, I want to move that back to Second, I want to add an Amendment to it.” Speaker Lyons, J.: "Mr. Clerk, on the request of the Sponsor, move that Bill back to Second Reading. Mr. Clerk, what’s the status of Senate Bill 1699?” 09400047.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
"Senate Bill 1699 is on the Order of Senate Bills- Third Reading.” Speaker Lyons, J.: "At the request of the Sponsor, move that Bill back to Second Reading. On page 4 of the Calendar, Senate Bill 1799. Representative Mathias. Read the Bill, Mr. Clerk.”
"Senate Bill 1799, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Lake, Representative Sid Mathias.”
“Thank you, Mr. Speaker. Senate Bill 1799 amends the Department of Revenue law and it basically requires the department to notify an individual if the department discovers or reasonly (sic-reasonably) suspects that another person has used that individual’s Social Security number. And I ask for your ‘aye’ vote.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 1799? Seeing none, the question is, ‘Should Senate Bill 1799 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 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 Bill, 115 Members are voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar is Senate Bill 1882. Read the Bill, Mr. Clerk.” 09400047.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
"Senate Bill 1882, a Bill for an Act concerning libraries. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Gentleman from Lake, Representative Sid Mathias. Senate Bill 1882 on the Order of Mathias.”
“Yes, thank you. Thank you, Mr. Speaker. Senate Bill 1882 raises the competitive bid requirement threshold from 10 thousand to 20 thousand for township and road districts, libraries and municipalities, except for the City of Chicago. And I know we’ve done this already for all the other agencies and… or all the other type of local governments involved. We have not changed this in I don’t know how many years. And… so I ask for your ‘aye’ vote.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "He indicates he will."
“Representative, this is a primarily municipal Bill, it’s or townships and road districts and libraries?”
“That’s correct.”
“Now, isn’t this… this is raising the threshold from 10 thousand to 20 thousand. Is that without competitive bidding requirements?”
“That is correct.”
“So, this is a… sort of a backdoor referendum?”
“Well, it… ya know, it…”
“So, it doesn’t go to the…”
“…hasn’t been raised in…”
“It doesn’t go to the voter though.” 09400047.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“Pardon me?”
“It doesn’t go to the voter, in essence.”
“That’s correct. That’s correct.”
“Okay. Well, I just want the Body…”
“I don’t think it goes through a voter either way.”
“Okay.”
“I think it’s… it’s a question of competitive bidding. It doesn’t go to the voter either… either way.”
“Okay. Well, I just wanted people to be aware that… that it does that and so everybody needs to vote the way they feel is best. Thank you, Representative.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Calvin Giles.”
“Thank you, Mr… thank you, Mr. Speaker. Will the Sponsor yield for a question?” Speaker Lyons, J.: "He indicates he will."
“Representative Mathias, I’m noticed that Cook County is not a part of this legislation, which would require we rated… raisin’ the threshold for noncompetitive bid. Is that correct?”
“I believe the… I believe it’s the City of Chicago.”
“I mean, the City of Chicago.”
“Yes. Yeah. Right. Just the City…”
“They’re not… they’re not a part of this legislation?”
“That’s correct. Their limit will remain at 10 thousand.”
“Okay. And I… if I’m not mistaken, I think there is some legislation that’s out there that may allow the City 09400047.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 of Chicago to do the same thing. Do you know about any legislation such as this? Or… or is the City of Chicago… are they in opposition to this legislation?”
“I was not aware in committee of any opposition. There were no known opponents that I…”
“There is no opposition?”
“That is correct.”
“Okay. I… I think the County of Cook is looking to do something similar. So… so in that case, I think I’ll support your initiative at this time.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative McCarthy.”
“Thank you, Mr. Speaker. Will the Gen… will the Sponsor yield?" Speaker Lyons, J.: "He indicates he will."
“Representative Mathias, just so I understand this, you’re saying that library districts today, if they wanna buy like $15 thousand worth of furniture, new furniture for their district, they have to go through a bidding process. Under this Bill they no longer will?”
“If it’s un… if it’s under 20 thousand they would no longer have to go to competitive bidding, that’s correct.”
“And where did… where did this Bill start out? Did the libraries come to you and say that this was a real hampering to…”
“Well…” 09400047.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“Things over 10 thousand… that they have that many purchases between 10 and 20 thousand and this would reduce their paperwork or what?”
“Obviously, they… they first approached Senator Maloney because he was the one… this is a Senate Bill. I know my own libraries have talked to me about it, stating that if… ya know, with inflation this has not been changed in… in a number of years. And in fact, I think it was sec… last set during either the 86th or 87th General Assembly. So we’re talking about, what, 15 to 7… 15 to 20 years ago… I mean, we’re in the 94th now, so it’s got to be at least 14 or 15 years ago. And they just feel during that time, because of inflation, they’re just trying to keep the dollar amount to go with inflation.”
“But I… I think these are pretty large expenditures to all of a sudden be free of competitive bidding, but you obviously do not. Okay, I… I…”
“That’s correct.”
“All right. Have you ever sold to the libraries?”
“No. I have no interest in…”
“Okay.”
“I have no business that would do that.”
“Well, I… I have sold to the libraries and, ya know, I sold under the 5 thousand limit, the 10 thousand limit, and that’s a lot of furniture, that’s a lot of materials. And I do think this is opening up a little bit too wide. So, I think… I think we should be very careful about this, 09400047.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 taking away the competitive bidding requirement here. Thank you.”
“Thank you.” Speaker Lyons, J.: "Seeing no further discussion, Representative Mathias to close.”
“Again, this has not been changed since the… either the 86th or 87th General Assembly. It does not affect the City of Chicago, although they may, as was spoken, have another Bill that we would vote on later on this. But it does con… put it in conformance with a lot of other… I believe we have changed it for other districts in the past and this would bring the others in conformance with this. And I ask for your ‘aye’ vote.” Speaker Lyons, J.: "The question is, ‘Should Senate Bill 1882 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 64 Members voting ‘yes’, 47 Members voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 5 of the Calendar Representative Coulson has Senate Bill 1960. Read the Bill, Mr. Clerk.”
"Senate Bill 1960, a Bill for… a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.” 09400047.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Beth Coulson.”
“Thank you, Mr. Speaker. Hou… Senate Bill 1960 amends the Criminal Code to prohibit the sale of yo-yo water balls in Illinois. A yo-yo water ball is a ball that’s constructed of plastic that has caused 353 reported incidents in the United States, 265 of these have been coded as strangulation suffocation injuries. Luckily, no one has… no child has died but several children have had to have surgery for their eye injuries. And I would encourage an ‘aye’ vote.” Speaker Lyons, J.: "The Chair recognizes the La… the Gentleman from Champaign, Representative Chapin Rose.”
“Will the Lady yield for a question?” Speaker Lyons, J.: "She indicates she will."
“Where i… where is the Lady?”
“Right here.”
“Oh, thanks. Okay. What… what is a yo-yo water ball?”
“A yo-yo… I’m glad you asked that question. This is a yo-yo water ball. This one is a broken one because a child used it and it smashed into a wall and then into their eye and then it… and it exploded. But this elastic portion ends up coming… wrapping around their neck and not letting go. And it doesn’t… it cannot be cut by anything except scissors, you cannot cut it with your fingers or anything else. And so, these children have actually passed out because it’s been so tight around their neck. Four hundred and fifty-four children have had strangulations from these 09400047.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 that have been reported, we don’t know how many have not been reported.”
“Okay. Thanks.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Harry Osterman.”
“Representative Coulson, does your ban preempt Home Rule?”
“The ban is on the sale in the State of Illinois.”
“Okay. I would say it’s a worthy cause, protecting our children. And if it did, it’s still worthy to preempt Home Rule on this important issue. Thank you.”
“Thank you.” Speaker Lyons, J.: "Seeing no further questions, Representative Coulson to close.”
“As you can tell, the yo-yo ball should be banned. It’s a really serious subject. I know people in here are not ready for that but we could… we need to prevent deaths and injuries. Thank you. Please vote ‘yes’.” Speaker Lyons, J.: "The question is, ‘Should Senate Bill 1960 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 108 Members voting ‘yes’, 3 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar, Representative Dan Burke has Senate Bill 1826. Read the Bill, Mr. Clerk.” 09400047.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
"Senate Bill 1826, a Bill for an Act concerning local government. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Dan Burke.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1826 is an initiative brought to us by the Illinois Association of Park Districts. Very simply, it provides that any incorporated territory that is 60 acres or less may be annexed by any municipality that borders it if the unincorporated territory is also bound by one or more municipalities and a forest preserve and a park district. This does not permit a municipality to annex any territory belonging to a park district without the park district’s consent. Be happy to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 1826? Seeing none, the question is, ‘Should Senate Bill 1826 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Hurry up and vote. Please be recorded. Terry Parke. Mr. Clerk, take the record. 88 Members voting ‘yes’, 23 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Hamos. For what purpose do you rise?”
“Well, Speaker, I had to… Haven Middle School eighth graders and I wanted to introduce them to everybody. Please give them a…” 09400047.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 Speaker Lyons, J.: "Welcome to Springfield, kids.”
“From Evanston, Illinois.” Speaker Lyons, J.: "Welcome to Springfield. Sorry you have to leave so quickly. Thank you, Representative Hamos. Members of the chamber, we have made a phone call to security to see if this is in fact a true emergency evacuation or not. So bear with us for a moment or so.”
“Ladies and Gentlemen, if we could have your attention. We’ve been advised that a fire alarm was pulled in the basement of the Capitol Building. We don’t know if it’s really a fire or not, the fire trucks are on the way. But as a precaution, we’re prepared to adjourn until, I believe it’s Monday… Tuesday. Tuesday. Representative Currie moves that the House stand adjourned until… Mr. Clerk, do you have an adjournment Resolution?”
Clerk Bolin: “Senate Joint Resolution #44, offered by Representative Currie, RESOLVED, BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, May 05, 2005, the Senate stands adjourned until Tuesday, May 10, 2005 at 12:00 o'clock noon; and the House of Representatives stands adjourned until Tuesday, May 10, 2005.”
“You’ve all heard the Resolution. Those in favor say ‘yes’; those opposed say ‘no’. The ‘ayes’ have it. The Resolution’s adopted. Mr. McCarthy.” 09400047.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005
“We have a Resolution declaring today the Catholic Charities Day in Illinois. And it seemed like it’d be more appropriate to do it right before we leave than wait ‘til Tuesday to declare May 5 Catholic Charities Day. So could we adopt House Resolution 380, please?”
“Mr. Clerk, do you have the Resolution?”
"House Resolution 380 recognizes May 5, 2005, as Catholic Charities of Illinois Day in the State of Illinois.”
Speaker Madigan: “You’ve all heard the Resolution. Mr. McCarthy moves for the adoption. Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Resolution is adopted. There being nothing further, Representative Currie moves that the House stand adjourned until Tuesday, May 10, at 12 noon. Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The House does stand adjourned until Tuesday, May 10, at 12 noon.”
"The House Perfunctory Session will come to order. Introduction and First Reading of Senate Bills. Senate Bill 1119, offered by Representative Brauer, a Bill for an Act concerning transportation. Senate Bill 1851, offered by Representative Delgado, a Bill for an Act concerning schools. First Reading of these Senate Bills. Introduction of Resolutions. House Resolution 389, offered by Representative Froehlich, and House Resolution 394, offered by Representative Franks. These Resolutions are referred to the House Rules Committee. There being no 09400047.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/5/2005 further business, the House Perfunctory Session will stand adjourned.” 09400047.doc 60