“The hour of 12:00 having came and went, the Legislature will be in Session. We shall be led in prayer today by Reverend Darrell Bendorf with the Harvard Bible Baptist… Harvard Bible Church in Chemung, Illinois. Reverend Bendorf is the guest of Representative Franks. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. Pastor Bendorf.”
“Shall we pray. Heavenly Father, we thank You for the great bounty to our nation and to our state. We ask that we shall be wise stewards of that which You have given us. Thank You for the blessings of liberty and freedom. We pray for our citizens that they may live free and prosperous. For our soldiers who serve in danger in distant lands and for their families for the sacrifice that both make to insure our freedom. For our homes and families that they may nurture and train our children. For our schools that they teach what is useful for making a living and advance our knowledge of the world around us which You have created. For our churches and synagogs and mosques and all places of worship that they may declare truth to guide our conscience. For our elected officials that we might all live in peace and safety. And we thank You for the sacrifice that each Representative in this hall makes in order to serve the citizens of our state. I pray that each… each government leader while holding a position of authority over others may recognize his or her 09400052.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 responsibility to Your higher authority and greater rule. And may with an ancient king declare, I blessed the most high and praised and honored Him who lives forever for His dominion is an everlasting dominion and His kingdom is from generation to generation. We praise You and pray this in the name of our Lord and Savior, Jesus Christ to whom be glory both now and forever. Amen.”
“We shall be led in the pledge by the Lady from Cook, Representative Krause.”
"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 Turner: “Roll Call for Attendance. There are 113 Members… I should… no, I should say the Gentleman from Jackson, Representative Bost, for what reason do you rise?”
“Thank you, Mr. Speaker. Let the record reflect that Representative Sommer is excused today.”
“The Gentleman from Cook, Representative Lang, for what reason do you rise?”
“Thank you, Mr. Speaker. Democratic excused absences are Representatives Currie, Feigenholtz and McKeon.”
Speaker Turner: “Being 114 Members present, a quorum is present. We’ll proceed with business. The Gentleman from Cook, Representative Lyons, for what reason do you rise?” Lyons, J.: “Speaker, I rise for the purpose for a very important announcement. I’d like all Members if you could, to please give me your attention. Fellow Members, May 31… 09400052.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 we have until May 31 to make any types of changes on our health care, our life, our dental insurance, our charitables. Christine Bell is back here today ‘til 3:00 from the Comptroller’s office. So, if you wanna make any type of change in your health, your life, your dental, your flexible spending plans, right in back of the conference room… the Speaker’s Conference Room, she’ll be there ‘til 3:00. Please take time to do this ‘cause we have to do it by the 31st of May and the clock is running. Thank you, Mr. Speaker.”
Speaker Turner: “The Gentleman from McHenry, Representative Franks, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise on a point of personal privilege. I’d like…”
“State your point.”
“I’d like the General Assembly to welcome from Alden- Hebron High School, the senior class who came down and watched some committee meetings and to watching the General Assembly in… in Session. Thanks for being here.”
“Welcome to Springfield. The Lady from Lake, Representative May, for what reason do you rise?”
“Point of personal privilege.”
“State your point.”
“Yes, I’d like the Members of the House to help me welcome Steve Horn and his wife, Teresa, in the balcony. Steve is president of Local 822, the firefighters in Highland Park. And Tyler and Jacob are with them. And we have three Pages 09400052.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 in the Horn family. We have Kylie, Elijah and Jamerson down front. Please welcome them.”
“Welcome to Springfield. The Lady from Cook, Representative Chavez, for what reason do you rise?”
“Thank you, Mr. Speaker. On a point of personal privilege, I would like the General Assembly to welcome some friends that came from Mexico. They are over there, please, Salvador Gonzales, Airin Campa, Cenda Bautista. Thank you.”
“Welcome to Springfield. The Gentleman from Cook, Representative D’Amico, for what reason do you rise?”
“Point of personal privilege.”
“State your point.”
“I just wanna wish Rich Bradley a happy birthday. Today’s his 50th birthday.”
Speaker Turner: “Gotta win one for ‘im, too. Mr. Clerk, Committee Reports.”
Clerk Mahoney: "Committee Reports. Representative Franks, Chairperson from the Committee on State Government Administration, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to House Bill 476, House Amend… Floor Amendment #1 to House Bill 2275, House Resolution 291, House Resolution 300, House Resolution 318, House Resolution 326, House Resolution 327, House Resolution 333, House Resolution 334, and House Resolution 359. Representative Soto, Chairperson from the Committee on 09400052.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Labor, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 143 and Senate Bill 274; 'recommends be adopted' House Resolution 425. Representative Yarbrough, Chairperson from the Committee on Housing and Urban Development, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to Senate Bill 966 and House Joint Resolution 38. Representative Holbrook, Chairperson from the Committee on Environment & Energy, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 1701 and Senate Bill 1909. Representative Reitz, Chairperson from the Committee on Revenue, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 280. Representative Delgado, Chairperson from the Committee on Human Services, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 278, House Resolution 299, House Resolution 356, and House Joint Resolution 43, Floor Amendment #2 to House Bill 258. Representative Hoffman, Chairperson from the Committee on 09400052.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Transportation and Motor Vehicles, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 1119; 'recommends be adopted' House Joint Resolution 42 and Senate Joint Resolution 6. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 1676 and Senate Bill 1851; 'do pass as amended Short Debate' Senate Bill 1853 and Senate Bill 69; 'recommends be adopted' House Joint Resolution 41 and House Joint Resolution 54. Representative Fritchey, Chairperson from the Committee on Judiciary-Civil Law, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 1740 and Senate Bill 1930; 'do pass as amended Short Debate' Senate Bill 232 and Senate Bill 1883; 'recommends be adopted' House Joint Resolution 37 and Floor Amendment #1 to House Bill 2048. Representative Soto, Chairperson from the Committee on Child Support Enforcement, which the following measure/s was/were referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 530. Representative Joyce, Chairperson from the Committee on Aging, which the following measure/s was/were 09400052.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 referred, action taken on May 17, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 4024.”
Speaker Turner: “The Gentleman from Cook, Representative Miller, for what reason do you rise?”
“A point… point of personal privilege.”
“State your point.”
“Ladies and Gentlemen of the General Assembly, today up in the gallery we’ve got students from Dunbar High School, if they could please stay up. I’d… we’d like to welcome them.”
“Welcome to Springfield.”
“If you noticed that they’re wearing yellow t-shirts, those yellow t-shirts are in regard to House Bill 750 which deals with educational funding reform, which will change the structural deficit here in the State of Illinois. We’d like… to make sure that they are standing up. To make sure that their schools are ade… adequately funded as opposed to…”
“That Bill’s not on the Calendar.”
“I know. But that’s the statement they made of part of our government, we should welcome them in making a statement today.”
“The Gentleman from Cook, Representative Davis, for what reason do you rise?” Davis, W.: “Point of personal privilege, Mr. Speaker.”
“State your point.” 09400052.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Davis, W.: “Also, we’d like to welcome schools from District 228, if they would stand. The Rich Township School District, as well as, students from Park Forest, Illinois, and the south suburbs who are also down here supporting House Bill 750, fighting for school funding reform, as well. Thank you.”
“Welcome to Springfield. The Gentleman from Vermilion, Representative Black, for reason do you rise?”
“Yes, thank you very much, Mr. Speaker. A point of personal privilege, if I might.”
“State your point.”
“Mr. Speaker and Ladies and Gentlemen of the House, it’s with a heavy heart that I come to you today and tell you of… of one of the Members on our side of the aisle who received a ball point pen from one of the many groups that come down and leave ball point pens. And he was using it in a committee the other day. When the committee was about to adjourn, he couldn’t find his pen. He accused the Republican staff of taking his pen. He accused the Democrat staff of taking his ball point pen. He accused Members of the committee of taking his ball point pen. He accused me of taking his ball point pen. Well, I… I can’t tell you how shocked and appalled at that accusation. So, what we’ve done, Ladies and Gentlemen of the House, we’ve taken up a collection. We’ve raised about $5.35. And we went to this agency and they said, ‘Oh, for that kind of money, we can sell you a hundred of those pens.’ So, we have a bag of a hundred of these pens that was given away 09400052.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 by a wonderful agency that came down here and visited us, The Illinois Fertilizer and Chemical Association. You know what they deal with. So, on behalf of the staff that was accused on both sides of the aisle, on behalf of the Members of the committee that were accused of taking this Representative’s pen on both sides of the aisle, I wanna present this sack of 100 pens to Representative Chapin Rose, so he’ll be quiet about who took his pen.”
“On page 11 of the Calendar, Third Readings. You wanna write… you wanna write your message. The Gentleman from Champaign.”
“I have the original pen right here, so thank you.”
“The Lady from Cook, Representative Lyons, for what reason do you rise?” Lyons, E.: “Point of personal privilege, please.”
“State your point.” Lyons, E.: “On behalf of all the Members of COWL, I’d like to thank everyone who participated in Capitol Capers last night. It was a huge success and that was because it was a team effort. And we really appreciated everyone’s participation. Thank you very much.”
“On the Order of Third Readings on page 11 we have Senate Bill 1221. Representative Meyer. Read the Bill, Mr. Clerk.”
"Senate Bill 1221, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from DuPage, Representative Meyer.” 09400052.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Thank you, Mr. Speaker. Senate Bill 1221 prohibits the possession and use of radar laz… laser jamming device in all vehicles. Provides that a vehicle or a driver may not be stopped or searched solely on the basis of a violation or a suspected violation of the provision. And it repeals a provision prohibiting possession and use of these devices in commercial vehicles because it’d be… currently we… we have a… a… prohibit the use in commercial vehicles and that would just be covered by this law.”
“Seeing no questions, the quest… the Gentleman from Cook, Representative Davis, for what reason do you rise?” Davis, W.: “Will the Sponsor yield?”
“He indicates he will.” Davis, W.: “Representative, I just… just kind of get some… some clarification on this. If a state trooper or police officer that has a radar gun, if he experiences problems or technical difficulties with his radar gun at the point at which he’s trying to find out if someone is speeding or not, does that constitute some kind of probable cause for him that he will immediately pull that car over and proceed with some kind search of that car to make sure that that’s not the case?”
“My understanding from testimony given by the State Police in committee, is that the vehicle would have to be… have light… a light out or something that would be a normal traffic stop today, not… not this… his… Actually, the rad… the jamming devices can actually be set to… to reflect 09400052.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 the proper speed limit. In other words, the technology is out there that would allow for that jamming device to actually give a readout on a… on the radar gun that the person was going 55 miles an hour. So, the trooper would not have any way of knowing that.” Davis, W.: “Well, I guess what I’m… what I’m just trying to make sure I understand, doe… do… do… do police cars or those types of vehicles which have speed detector devices, do they also have the ability to detect whether or not a vehicle has one of these jamming devices that you speak of?”
“From the testimony that I heard in committee by the State Police, no.” Davis, W.: “They don’t…”
“Did you have one of those devices? Maybe you have expertise in it, I… I don’t, so.” Davis, W.: “No, I… I don’t have one of those devices. But I… I guess my… my concern is just… just finding out… just wanting to make sure that if I’m driving and… and at the time in which a police vehicle tries to determine whether or not I’m speeding or not at… not that I speed, but if they’re trying to determine that and something happens with their equipment, I don’t want them to automatically think that I’m in possession of one of those devices and then will immediately stop me. And then we know that if they stop then there… there’s a lot of other things that can happen as a result.”
“I… I understand your point.” 09400052.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Davis, W.: “But I wanna make sure that that’s not the case.”
“You… you cannot be stopped solely for that. Just put it in relation to what we used to have before we changed the law with seatbelts. That was a something you could be ticketed for if you were stopped for another reason but you couldn’t be stopped for that. And that’s exactly the same thing as what we’re proposing here for the jamming devices. We’re not talking about detectors. We’re talking about a jamming device.” Davis, W.: “Oh no, no, I’m not… not questioning whether we’re talking about jammers or detectors, but I’m… I’m just trying to make sure that… that a police office does not think because at that time their equipment does not work, that I’m in possession of some type of jamming device that you’re trying to prohibit here. And then subsequently, I get pulled over and then… and then that lends itself, in my opinion, that lends itself or opens the door for a number of other things. But it’s all based on a premise that that machine in their police car does not work anymore and… and that gives them some reason to think that I may be in possession of one. So, but you’re saying that… that… if that’s the case, a police officer cannot stop you…”
“That’s correct.” Davis, W.: “…because they think there’s something wrong with their equipment…”
“Yes.” Davis, W.: “…and I may have a jammer. Is that what you’re telling me?” 09400052.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“…That’s not the intent of this. And from the testimony the State Police gave, they… they indicated they couldn’t do it. So…” Davis, W.: “Okay, Representative. Well, I certainly hope that that’s not the case. And, ya know, I… I know in the future we may hear of these issues and if so, hopefully, we’ll be able to come back and address those types of issues in the future.”
“I understand.” Davis, W.: “Thank you, Representative.”
Speaker Turner: “The Gentleman from Jackson, Representative Bost, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he will.”
“Representative, I… and… my only, and you already brought it up, my only concern is the statement that says, ‘this will not be used for a primary stop.’ Many of the Members here remember that there was also a seatbelt law that said it wouldn’t be used for a primary stop. And now not only do we use it as a primary stop, it’s one of the main advertisements that we spend money on to… to advise people about. Is this something that in the future that we’re gonna come back and another General Assembly’s gonna change and okay, let’s do a primary stop and… and… and another reason to… to pull people over and… and generate revenue for the state or… or not?”
“Well, Representative, as you know, Representative Biggins played ‘Karnak’ last night and he’s the only one 09400052.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 with the turban. I don’t have any way of forecasting the future and, ya know, I… I couldn’t speak to what we might be doing 5, 10 years from now. That’s not the intent of this and… and…”
“And… and… and…”
“…it’s not my intent to introduce the… what you’re suggesting either.”
“And… and my… I just wanna make a statement to those Members that are here. Quite often, we bring up piece of legislation like this we say, okay, it’s not for primary stop and the next thing you know we’re down that path to where for whatever reason we’re… we’re pulling people over, we’re slowing… we’re generating revenue. Let’s… let’s get serious about what we’re doing with it. But… I just wanna bring that up. Thank you.”
“The Gentleman from Cook, Representative Lang, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he will.”
“Representative, your Bill doesn’t have a definition of ‘radar or laser jamming device’. Is there some definition of this phrase in law someplace?”
“Well, there are a number of instruments that can be designed that way, it’d be any of them. These are very specific. Again, thi… this law is already in effect for commercial vehicles. It’s already the law… the law of Illinois for commercial vehicles. What we’re doing is expanding that to… to cover noncommercial vehicles, also. 09400052.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 It becomes a safety issue and… and these are the devices that prohibit the radar gun from working.”
“For other vehicles the… I think, the statute refers to radar detectors and there may be a definition. I don’t think a law without a definition tells us much about what actual devices you’re trying to outlaw.”
“Again, the law says any instrument that’s designed to do a specific thing and that’s to jam.”
“Where does that say it in the Bill, Sir?”
“Page 1, line 11.”
“And so, you would suggest that that’s the definition of a ‘radar or laser jamming device’?”
“Yes.”
“You will admit it’s written a little differently than most Bills we have, where we have a clause that defines terms. So, it’s not…”
“It’s not laid out…”
“…defined that way here.”
“…as… as you’re suggesting, I understand. It’s in there but laid out that way.”
“So, would this be the same as what most of us would refer to as a radar detector?”
“No, completely different.”
“How does it differ?”
“It… it actually jams the radar prohibiting the… the radar de… the… the radar machine from properly functioning. A detector just detects that there’s radar out there. A detector works in that as soon as you realize there’s radar 09400052.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 out there, you slow down which is the intent of… of trying to get people to abide by the state speed limits. A jammer, though says to the radar, you can actually set these things to say, radar, read that I’m going 55 miles an hour, even though you may be going 100 miles an hour. It jams the device and… and it can… it can either register zero or it could… which would indicate maybe the radar machine’s not working properly or also, it’ll register a specific speed. Again, this… this Body is already said these devices should not be used in commercial vehicles because the safety issues. Suggesting commercial vehicles and… and the normal vehicle are the same thing when they’re going 75, 85, 95 miles an hour.”
“Who’s purposed this legislation? Is this some interest group?”
“Thi… no, thi… this was Senator Maloney. I spoke with him about what brought this to be. I haven’t had a chance to get over to his office to pick it up, but he actually has an ad that has been given that… that… that’s been purchased on… on behalf of the people that sell these things. And… and a great number of them are sold over the Internet. An… and… and the ad says spe… you know, going at your speed, whatever you wanna go and if you get ticketed, we’ll even pay for the ticket. We think that our jamming device will prohibit you from ever getting another ticket.”
“Thank you.”
“Yeah.” 09400052.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“The Gentleman from Cook, Representative Giles, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield for a question?”
“Indicates he will.”
“Representative Meyer, I just wanna a little clarity. Are we talking specifically about radar devices more so than… than the detectors?”
“We’re talking about a jamming device.”
“Device, jamming device.”
“In other words, a detector says there’s a radar… there’s radar on your… your vehicle, you slow down to whatever speed limit is. That is… nothing is being done by this Bill to affect that.”
“Okay.”
“We’re talking about a jamming device that can actually give a false reading for how fast your vehicle is going.”
“And… and that false reading is then given to…”
“The radar gun.”
“…to the radar gun.”
“Yeah.”
“So, we’re talking about doing some damage to the radar gun?”
“Well, we’re talking about fooling the radar gun to say that, even though you could go about a hundred miles…”
“Okay…”
“…an hour…” 09400052.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“…foolin’… okay, okay… okay. So, the radar gun can be decep… deceived by a different speed?”
“The… the jamming device by… yeah…”
“Okay.”
“…at a different speed.”
“I… I gotcha… I got you. Could you just, ya know, for the record, could you tell me, is there… has there been any type of data compiled to the percentage of individuals that the State Police or any law enforcement officer may have with this particular type of scenario?”
“No, I… I could not come up with any that question was asked in committee, I approached the State Police on it and to their knowledge they have not compiled that. They did give pro-testimony, though, indicating that, yes, there was an issue here that need to be addressed. They felt that the safety of public… It was reasonable to assume that because there… there was this effort to sell these devices that a fair number of ‘em are sold and they… they believe the safety should come first.”
“Do you know what is the average and I… I apologize, I wasn’t in that committee hearing. What is the average cost of these particular devices?”
“The average cost?”
“Yes.”
“I don’t know, that wasn’t asked and I… I didn’t ask about it, either.”
“Okay. Thank you, Representative. I… I plan to support your legislation.” 09400052.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Thank you.”
“The Gentleman from Champaign, Representative Rose, for what reason do you rise?”
“A question of the Sponsor.”
“He indicates he’ll yield.”
“Representative, I’m reading this subsection (d) regarding the seizure of the device for evidence purposes. How does that… how do people get that back? Or do they get it back? Or how does that work?”
“Well, if you have a device and it’s confiscated and held by the court, after the process is over you can… you may petition the court to have that device returned to you.”
“Okay. Do you just ask the court or you have to file a motion, you have to get lawyer? How’s that work?”
“Well, I’m not a lawyer. You are a former state’s attorney. How would… how would that term be describe to you as a former…”
“Well, and I guess that’s what I’m getting at. I’m a little confused here because it says that the court will give it back but then you have to have… you have to prove by preponderance of the evidence that the device will only be used for the legitimate and lawful purpose. And I guess this is sort of de facto asset forfeiture of the device. You almost have to be an out-of–state individual to get that device back under this. Because if you’re an in-state driver, you would never get that device back because you 09400052.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 couldn’t prove by preponderance of the evidence that it wouldn’t be used on an in-state highway.”
“Well, I… I think that would be covered by the petition and you as the petitioner’d have to prove your… your right to get it back, I guess.”
“Well, thank you, Representative. And to the Bill, Mr. Speaker.”
“To the Bill.”
“I… this is just a philosophical issue. I… I have concerns about the procedure here on… on how the device would be returned, if it would be returned at all and under what circumstances the devices would be returned. I mean, what if you’re an out-of-state person from California where it’s perfectly legal to use this device yet, your device is being held in an Illinois courtroom. You would potentially have to come back here. What if you’re an over-the-road truck driver or what if… excuse me, actually this already does not apply to over-the-road truck drivers. What happens if you are someone who travels for a living and you’re an Illinois resident and you do 90 percent of your driving outside the state, you probably would not get your… this device back under the current standard listed here in subsection (d). Also, interesting, as I read this, there’s a typographical error in it that there’s two subsection (d)s. So, I’m referencing my comments to the first subsection (d). And I will make my last comment toward the sub… the second subsection (d) which states that this would be not a primary enforcement stop. I’ve only been here a 09400052.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 short time but I’ve been here long enough to know that any time you see somebody tells us it’s only a primary enforcement stop, that that’s only a matter of time until it becomes a primary enforcement stop. Everybody remembers seatbelts, that wasn’t to be a primary enforcement and yet, it is now. Ladies and Gentlemen, if… if we wanna give the State Police the authority just pull everybody over and see what they’re doing, let’s just do that. I mean, drivers on the roadways are invitees, just do that. Let’s not monkey around, providing all these little ways to pull people over and just see what they’re doing. All these things that we do, seatbelts, cops I know, they’re not pulling people over because they’re concerned that they’re not wearing a seatbelt. Oh, I’m so worried that you’re not wearing your seatbelt, Sir. They’re pulling ‘em over to see what they’re doing. Seeing what’s carried in the car, seeing what’s going on. It’s a probable cause stop. They’re pulling ‘em over for one reason and that’s to search and inspect and see what’s going on, not because they care about the seatbelt ticket. If we wanna have a debate on that, let’s have a debate on that. Let’s not keep inventing these rules and regulations to give cops one more chance to pull you over and see what you’re doing.”
“The Lady from Cook, Representative Davis, for what reason do you rise?” Davis, M.: “Will the Sponsor yield?”
“He indicates he will.” 09400052.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Davis, M.: “Well, for once I really do agree with Representative Rose.”
“It’s a new day.” Davis, M.: “Representative Rose makes some excellent points. Representative Meyer, can you purchase these, whatever the things are, can you purchase them legally?”
“Today you can, you can purchase ‘em, yes. We’re not trying to… tell you, you can’t purchase ‘em.” Davis, M.: “So, what…”
“This says you may not use them in Illinois.” Davis, M.: “What should we do? I mean, I don’t have one, but should people put them in a case?”
“Well, Representative, I don’t know what they should do there. Again, my legislation doesn’t address that. What we’re saying is that by allowing the deception of a radar device, thereby preventing the State Police from doing their job or any other law enforcement from doing their job as it pertains to our… our traffic speed limits. Doesn’t necessarily have to be out on the highway, any place that you… you can use this device in the State of Illinois. Why don’t all just… I tell ya what…” Davis, M.: “Well, let me ask you this question…”
“…from your line…” Davis, M.: “What… what happens, Representative, let me ask you this question…”
“…questioning, Representative, why don’t we just do away with speed limits?” 09400052.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Davis, M.: “Let me ask this question. What does happen if a person comes in from another state and has this… this in their car? What do we do?”
“Well, if you have a commercial vehicle today…” Davis, M.: “Not commercial, regular automobile.”
“…let me relate it to what the law is today, if… if I could, Representative. You have a commercial vehicle today that you can use that device in another state, you can use it there. If you try and use that device in a commercial vehicle today, you may not do so in Illinois legally.” Davis, M.: “Representative Meyer, can you tell me how many commercial vehicles have been stopped that did have those?”
“No, as I responded earlier to one of the questions, that… that data has not been collected. It’s the law today but they could not… the State Police could not come up with that data. And certainly, the State Police are not the only officials that run the traffic stops.” Davis, M.: “To the Bill, Mr. Speaker.”
“To the Bill.” Davis, M.: “It is so sad, in my opinion, when we keep giving up our civil rights. It is so very sad when we are… here is another reason for the police to search your car. This is another reason for police to search your car. Once you’re stopped, there was a time you were either given a ticket, given a warning, but now we seem to be moving toward providing excuses for people to invade the privacy of your automobile. I do not believe that this Bill will deter those who choose to use this product erroneously. But I do 09400052.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 believe, Mr. Speaker, that this Bill will be used to give policemen another reason to search someone’s vehicle. A person could be driving the vehicle of a relative. A son could be driving the vehicle of his or her parent. If we wanna make the device illegal, I will support that. But I find it very difficult to support legislation that makes a criminal out of a person who purchased a legal item. It’s not illegal and the rest of the United States has not made this an illegal item. I don’t think we need another piece of legislation to allow someone to invade the privacy of your vehicle with an unwarranted search. So, what were you searching for? Were you searching for drugs? No. Were you searching for a weapon? No. I was searching for that radar piece of equipment. I urge a ‘no’ vote.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Mr. Speaker, I call for the question.”
“Gentleman asks leave to move the previous question. The question is, ‘Shall we have the previous question?’ All those in favor say ‘aye’. The ‘ayes’ have it. And the previous question is put. Representative Meyer to close.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this does not, regardless of what’s been said before, this does not give any… any police officer in this state a reason to pull over a vehicle. If you pull over a vehicle for some other reason and it’s determined you have this device then it’s a problem, but it doesn’t give a 09400052.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 primary reason to pull over a vehicle. It’s not intended for that. It’s not written for that. And I… I think it’s just conjecture to believe it. This is already a law in Illinois for commercial vehicles not to be able to use this device. In the interest of public safety, this device should not be used anywhere. It does not help prevent speeding such a ra… radar detector or even radar detector when you use that. You indi… you… it indicates that there’s radar on. You slow down. You get down to the speed limit. You’ve seen it many times on the highways and the public safety is enhanced that way. This would enhance the public safety by not allowing the radar detector to be jammed. And it’s a straightforward Bill and I… I would ask for your support on it. Thank you.”
Speaker Turner: “The question is, 'Shall Senate Bill 1221 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 Younge. The Clerk shall take the record. On this question, there’s 74 voting 'aye', 34 voting 'no', 7 voting ‘present’. This Bill, having received a Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Mendoza, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise in a point of personal privilege. Just would like to direct my colleagues to the gallery over here to my left. We have David Espinoza from Sandoval School, Elizabeth Elizondo 09400052.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 from Evergreen School and Elba Reyes from CPS, also, visiting us in the gallery. You can give them a welcome. Thank you.”
“Welcome to Springfield. The Chair would like to announce that the last Bill was on Short Debate. In fact, the next couple of Bills are on Short Debate. So, we will refer to the rules of… of the Order of Short Debate. And so, there will be so many speaking for, so many speaking against on each Bill. The Bill that we’re about to call now is Representative Bellock’s Bill, Senate Bill 1235. Read the Bill, Mr. Clerk.”
“Senate Bill 1235, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.”
“The Lady from DuPage, Representative Bellock.”
“Thank you very much, Mr. Speaker. Senate Bill 1235 amends the Highway Code to allow for guidelines for a highway authority to vacate a road under their jurisdiction. And to allow that road to be sold to a third party at fair market value, as long as they give the adjoining homeowners’ rights of first refusal. I don’t know of any opposition to this Bill.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 1235?' 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 114 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a 09400052.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. I have an inquiry of the Chair.”
“State your inquiry.”
“Thank you. A number of Members have come and asked if we know what our weekend schedule would be. And I… I know that we would like to get a sense of the direction. So, if the… if the Speaker can give us direction as to whether or not we’re gonna be in Session this weekend and if so, what the schedule looks like so that we can plan the weekend.”
Speaker Turner: “Representative, as soon as the Chair’s informed, I will inform you. In the meantime, I’m relying on Karnak.”
“Thank you very much.”
“On the Order of Third Readings, we have Senate Bill 1354, Representative Stephens. Read the Bill, Mr. Clerk.”
"Senate Bill 1354, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.”
“Mr. Speaker, could you… inquiry of the Clerk. Has there been a second Amendment filed?”
“Mr. Clerk, could you tell us the status of this Bill?”
"Senate Bill 1354 is on the Order of Third Reading. No further Amendments have been filed.”
“Take the Bill out of the record. Take the…” 09400052.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Representative, what do ya…”
“Take the… take the Bill out of the record.”
“Take the Bill out of the record. On the Order of Third Readings, we have Senate Bill 1461, the Gentleman from… Representative Washington, on 1461. Read the Bill, Mr. Clerk.”
"Senate Bill 1461, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Lake, Representative Washington.”
“Thank you, Mr. Speaker. Senate Bill 1461 was recommended by the National Kidney Foundation and it required that the Department of Public Health subject to appropriation or other available funding conduct a chronic kidney disease program. It creates a chronic kidney disease awareness, testing, diagnosis, and treatment program and describe the person and entity that will be served. Provides funds to collect certain data and permits certain data to be disclosed to various entities. And I ask my colleagues on the floor to join me in favorable vote of support and I’m open for any your questions.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, you said this is subject to appropriation. I continue to express our concern that we 09400052.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 won’t have any money to appropriate. Do you have a funding source for this worthwhile Bill?”
“Representative, no, there is no funding source available, as you stated. But there is an outstanding precondition that warrants that this committee definitely, I mean, that this Assembly definitely support this particular legislation. And let me give you a few reasons why. Approximately, 20 million Americans have kidney disease. And the number of people developing kidney failure has doubled each decade for the last two decades. In 2001 alone in the State of Illinois there were about 400 thousand people who had kidney failure, some of our friends and neighbors which required dialysis or a kidney transplant to stay alive. It is estimated by 2010, an estimated 661,330 individual will have kidney failure. The annual cost of treating patient with kidney failure in the United States in more than $20 billion. In 2000, about the same number of people died with kidney failure as with breast cancer and prostate cancer combined.”
“Representative, that’s not I asked.”
“I answered you.”
“I agree… I agree with you.”
“Yes, Sir.”
“I agree.”
“Thank you.”
“This Bill has merit, but I wanna point out to the Body that the Governor’s gonna have to veto this because there’s no money for it. And unless we can come up with some 09400052.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 appropriation and move money from other worthwhile areas, we’ll have difficulty funding your Bill, as so many other Bills that we have passed this year. So, I just wanna remind everybody that we continue to pass…”
“Okay.”
“…Bills without having any funding source which the Governor said that he would veto legislation without it.”
“And…”
“And I just wanna… I feel an obligation to remind the Body that we cannot continue to pass tens of millions of dollars worth of Bills with no money to pay for it. Thank you, Representative.”
“Representative, thank you for your cost consciousness because I share that view with you, also, and I totally agree. We… we don’t have and I’m hoping, Representative, that the overtime that I’ve been told that we’ll be down here to try to come to some agreement on how we’re gonna take care some of these needs, will not go until September. But, nevertheless, I… I hope to have the support of this full House concerning this important legislation.”
Speaker Turner: “The Gentleman from Cook, Repres… Representative Lang, for what reason do you rise?”
“Thank you, to rise in support in favor of the legislation. I do wanna point out to those who are concerned about the funding source that the Bill itself is subject to appropriation. Additionally, I would argue that we are the funding source for all the legislation we pass. 09400052.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 So, we decide what we pay for. We decide what we don’t pay for. Not even the Governor decides that. We decide, a hundred seventy-seven Members of the General Assembly will decide what we pay for and what we don’t pay for. So, if you thing the Gentleman has a good Bill, I would suggest voting for it.”
“Seeing no further questions, the question is, 'Shall the House pass Senate Bill 1461?' 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? Bradley. Brady. The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1491, Representative Meyer. Read the Bill, Mr. Clerk.”
"Senate Bill 1491, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from DuPage, Representative Meyer.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1491 amends… amends the Criminal Code, increases the penalty for persons who normally misrepresented themselves as a veteran or dependent of a veteran with intent of obtaining benefits or privileges.”
“The Lady from Cook, Representative Davis, for what reason do you rise?” 09400052.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Davis, M.: “Will the Sponsor yield?”
“He indicates he will.” Davis, M.: “Representative, what are the current laws in reference to that kind of fraud?”
“I’m sorry. The chamber’s noisy, I couldn’t hear your question.” Davis, M.: “What are the penal… what are the penalties currently for the kind of fraud that your Bill is attempting to address? What are the penalties at this present time?”
“I… I… I hear your question, Representative. Well, currently, provide… provides the state benefits fraud as a Class III felony if it’s $3 hundred or less and a Class II felony if it’s $3 hundred or more… excuse me, more than $3 hundred. And that’s increase… that’s what this Bill proposes and that’s an increase of one level up from what it is. So, currently, it’d be a Class IV felony or Class III felony for the high… higher of them…” Davis, M.: “Representative, do you know the cost of this Bill? Did anyone put in a fiscal note for this Bill?”
“Well, let us check.”
“Mr. Clerk, are there any note requests for this Bill?”
"There have been no note requests or no notes filed.” Davis, M.: “To the Bill, Mr. Speaker.”
“To the Bill.” 09400052.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Davis, M.: “The current laws are adequate for punishing those who commit financial fraud. By continuing to increase penalties and I’m gonna repeat that, by… by voting out legislation to increase penalties, instead of staying in prison 3 years you now stay 7. That costs the state over $21 thousand per inmate. If you… if you stole $3 hundred from your employer, currently, the law says you spend ample time in prison but what we need to consider is restitution. If you’re stealing from your employer, you should be made to pay it back. But the penalty phase should remain the same. It doesn’t mean we’re tough on crime, it means we’re tough on taxes because our taxes will go to take care of some very able bodied people for some additional years. Those able bodied people could serve their adequate time, pay back what they stole, amount, and go on and work and take care of their families. We are going overboard in extending these penalties that is not reducing the kind of crime you’re attempting to reduce. I don’t want to pay extra taxes to keep people in prison 7 years instead of 4 years ‘cause they stole $3 hundred. I urge a ‘no’ vote.”
Speaker Turner: “The Lady from Kane, Representative Chapa LaVia, for what reason do you rise?”
“Thank you. Will the Sponsor yield?”
“He indicates he will.”
Chapa LaVia: “Representative Meyer, where is… what’s the genesis of the Bill?”
“Well…”
“Who was the genesis of the Bill?” 09400052.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Senator Geo-Karis felt strongly on this Bill being a former… well, she’s a… a veteran herself of many, many years of… of military service. And felt that it was the… the privileges and some of the programs that are provided for veterans and their dependents are being abused. And that the current deterrent factor is not working and… and wanted to increase it. By the way, the previous speaker had referenced that we’re increasing that the maximum sentence from four… four to seven, it’s actually increasing the maximum sentence from five to seven and the minimum sentence from two to three. So, that… that’s a rep… misrepresentation.”
“Than… thank you. And the other issue, I’ll go talk to the Senator about it, being the only other female that… on this side. Is… is a license plate considered a benefit? Because there was a local incident like that that somebody passed themself of… off as a veteran and received plates. Do license plates fall under the category of a benefit?”
“One could technically, probably agree that they did. However, what we’re looking at… that I’m sure would be adjudicated in court if it was tried. I… I have no reference to that. We’re really looking at some of the other things, the monetary awards that are giving to people as benefits.”
“Thank you for you indulgence.”
“Yeah.” 09400052.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
Speaker Turner: “The Gentleman from Bond, Representative Stephens, for what reason do you rise?”
“Well, one of the most despicable acts I can imagine is impersonating a veteran in order to receive benefits. It’s happened in Illinois. It’s happened in America. The… I would wonder if the Gentleman would take the Bill back to Second Reading for an Amendment. I believe those people should be shot.”
“Representative Meyer to close.”
“Well, I’d like to thank the former sp… Representative for his comment. I take that he’s gonna vote for the Bill. Ladies and Gentlemen of the House, I think that the Bill speaks for itself. It is wrong to obtain veteran’s benefits by misrepresenting yourself as a veteran or a dependent of a veteran. And just ask for your vote of an ‘aye’.”
“The question is, 'Shall the House pass Senate Bill 1491?' 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 109 voting 'aye', 4 voting 'no', 2 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings… on the Order of Third Readings, we have Senate Bill 1698, Representative Mathias. Read the Bill, Mr. Clerk.” 09400052.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Senate Bill 1698, a Bill for an Act concerning health. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Lake, Representative Mathias.”
“Thank you… thank you, Mr. Speaker. This Bill basically… this is Senate Bill 60… 1698 and it creates the Autism Spectrum Disorders Reporting Act. It requires qualified health care professionals to report to DPH or the Department of Public Health diagnoses of autism spectrum diseases. And the… the department then would have to create a registry of this reported information. The Bill is subject to appropriations. I… I am actually working with the department trying to determine what… what the amount would be. We have some questions on some of the figures we originally gave us. And we feel that it will be a… a manageable amount for something that we really need for our state. So, I ask for your ‘aye’ vote.”
“The Lady from DuPage, Representative Bellock, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Just to the Bill. I wanted to thank Representative Mathias for doing this Bill because this is extremely important to raising the awareness to autism in Illinois, of which nationwide the figures are one out of every hundred and sixty six children is now diagnosed with some form of autism. And by creating this registry we can find out to… in Illinois what the incidence is. And if it is the same as the rest of the nation to create more awareness for funding for autism and 09400052.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 research in our own universities and research centers in Illinois. Thank you.”
Speaker Turner: “The Gentleman from Cook, Representative Delgado, for what reason do you rise?”
“Thank you, Mr. Speaker. To the Bill.”
“To the Bill.”
“I… I, too, join my colleague, previous speaker in commending the Representative. Autism is something that… a disorder that is hitting our state and this nation in a way that is… you see the whole family, you’ll understand, that now until we can diagnosing this in the womb, where doctors are now starting to look at in volunteer patients to try to offset this… this sad disorder of autism. Knowing that we have to enhance all we can to know where all these families are located. We have ‘em in all of our districts. We have to start paying attention to the ec… educational and medical needs of these children as they get older. And so, I wanna commend Representative Mathias and inform that we’ve been trying our best to find more dollars here in the State of Illinois to bring attention to autism, as someone pointed out, affects one in every sixth… hundred and 66 births. And I would ask for a strong support on this piece of legislation.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicate he will.”
“Representative, is this subject to appropriation?” 09400052.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Yes, it is.”
“And what exactly will happen once the professional diagnosis or reports a diagnosis? Do parents get a questionnaire or anything that would assist us in a long range study of any incidences of things that might have happened during a pregnancy or after a pregnancy that would kinda start given us some clues? Or are we just keeping statistics?”
“I believe this is basically to gather information so that then the department can enter into contracts with the… with individuals and organizations to provide assistance. It’s basically is a registry and obviously, for the department to conduct research on this subject. I’m not so sure if… if it goes as far as you’ve… you stated in your question.”
“All right. I see their proponents are the Il… Illinois Autism Taskforce and others. And when they were down here, they were giving us some really startling statistics about the increase in the rate of autism, either because of better diagnosis or perhaps actual increases. So, I… I’m… would like to support your Bill, I’m just hoping that we actually get some information out of it that would helpful to us in moving forward.”
“Well, I believe that we really want to promote Illinois as a… as a national leader in research into this cause. And I think this is a first step in doing that.”
“So, who would they report the statistics to? The Department of Public Health, correct?” 09400052.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“That’s correct.”
“All right, and then those statistics would be available to who?”
“Well, to professionals in the field, research institutions…”
“How much trouble would it be to actually keep this sta… this statistic? Was there any cost put on the Bill?”
“Well, again as I said, it is subject to appropriation. I know there was a letter received from the department and were actually the… I believe that the department’s… I believe their fiscal impact which actually we did question, was approximately $460 thousand. Again, as I stated, we’re trying to lower this because initially, some of the costs they put into their initial letter was really not needed to start up the program.”
“All right. I’m just interested because that’s an area I work in but I’m also interested in moving forward in something like this because of the alarming increase in autism. So, I just wanted to have a few questions and I’d like to support your Bill.”
“Thank you.”
“Representative Mathias to close.”
“I think this is a very important piece of legislation. It… it certainly as the previous speakers have stated something that has touched probably many of us or our families or friends, people we know. And hopefully, this will make Illinois… this will be a first step in 09400052.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 making Illinois a leader in research on this most important subject. This… so, I ask for your ‘aye’ vote.”
“The question is, 'Shall the House pass Senate Bill 1698?' 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1680, Representative Coulson. Wait, Mr. Clerk, hold. The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?”
“Thank you, Mr. Speaker. A point of personal privilege.”
“State your point.”
“Ladies and Gentlemen, in the gallery up over the Democrat side are members of the board of education, administrators and students from Winnebago School District 323, my home district. Would you acknowledge them, please.”
“Welcome to Springfield. Mr. Clerk, we have Senate Bill 1680, Representative Coulson. Read the Bill, Mr. Clerk.”
"Senate Bill 1680, a Bill for an Act concerning public aid. Third Reading of this Senate Bill.”
“The Lady from Cook, Representative Coulson.” 09400052.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Thank you, Mr. Speaker. Senate Bill 1680 requires the Department of Human Services in cooperation with the Department of Public Health to develop materials and resources on nutritional health for new TANF and Food Stamp Program enrollees. The materials need to be developed within 6 months. And the fiscal impact is expected to minimal. And I can answer any questions.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 1680?' 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1723, Representative Lang. Read the Bill, Mr. Clerk.”
"Senate Bill 1723, a Bill for an Act concerning finance. Third Reading of this Senate Bill.”
“The Gentleman from Cook, Representative Lang.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. Recently, we passed a Bill called the Procurement of Domestic Products Act that had a goal of supporting American industry and Illinois workers by giving a preference for state agency purchasing for products manufactured in the United States. The definition, however, referred only to items for which final assembly occurred in the United States. But as we know the final assembly isn’t always the 09400052.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 most important part of the manufacturing process. So, this Bill would simply open up competition by expanding the definition to include other items such as design, processing, packaging, etcetera or any other process that provides important value to the product. And so, I would ask your support on this Bill.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 1723?' 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 Hassert. The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1734, Representative May. Read the Bill, Mr. Clerk.”
"Senate Bill 1734, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“The Lady from Lake, Representative May.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1734 is a brilliant idea that came over from the Senate. It was actually requested by the driver’s education association in the state. It would require that the state disperse funds for driver’s education four times a year instead of what they’re doing annually. Get the funds to the local school district much more quickly. I’d be happy to answer any questions.” 09400052.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 1734?' 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? Yarbrough. Ryg. The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'no', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Representative Osmond on Senate Bill 1738. Read the Bill, Mr. Clerk.”
"Senate Bill 1738, a Bill for…”
“Out of the record. On the Order of Third Readings, we have Senate Bill 1751, Representative Miller. Read the Bill, Mr. Clerk.”
"Senate Bill 1751, a Bill for an Act concerning civil liabilities. Third Reading of this Senate Bill.”
“Thank you, Mr. Speaker, Lady… Ladies and Gentlemen of the House. Senate Bill 750… 1751 amends the Illinois Wage Assignment Act, employee wages that can be deducted in order to pay return debt… certain debts. I’d ask… it’s a technical change. I ask for a favorable vote.”
“Seeing no questions, the question is, 'Shall Senate Bill 1751? 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 115 voting 'aye', 0 'noes', 0 09400052.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1884, Representative Jakobsson. Read the Bill, Mr. Clerk.”
"Senate Bill 1884, a Bill for an Act concerning local government. Third Reading of this Senate Bill.”
Speaker Turner: “The Lady from Champaign, Representative Jakobsson.”
“Thank you, Mr. Speaker. Senate Bill 1884 reenacts provisions that are in the statutes allowing counties to create and operate juvenile delinquency programs and to spend county moneys in support of such programs. This was passed with Public Act 89-203 but in 1999 the Illinois Supreme Court struck down that Act as unconstitutional because it violated the single subject clause of the Illinois Constitution of 1970. So, this is actually just putting in our statutes something that was already passed before and it would be a great benefit to counties that have juvenile programs.”
“Seeing no questions, the question is, 'Shall Senate Bill 1884 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all… 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. The 09400052.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Point of personal privilege.”
“State your point.”
“I’d like to apologize to Representative Lyons, Eileen Lyons that is, right here in this Body, I wanna apologize. She did so much work and all the people that were in COWL worked so hard. However, I got my picture on the front page of the Journal-Register. And… but I do apologize for that ‘cause other people worked hard. But hey, that’s showbiz.”
“On the Order of Third Readings, we have Senate Bill 1907, Representative Mathias. Read the Bill, Mr. Clerk.”
"Senate Bill 1907, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Lake, Representative Mathias.”
“Thank you, Mr. Speaker. This is Senate Bill 1907 and it basically… all it does is that it amends the Code of Civil Procedure to relieve… to allow for the release patient medical records to the patient’s designee who provides a valid authorization for the release of the records. There was some confusion in the law. This really clarifies the vagueness that was there, whether a patient could give another third party authorization to view their records. So, I ask for your ‘aye’ vote.” 09400052.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Seeing no questions, the question is, 'Shall Senate Bill 1907 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1931, Representative Miller. Read the Bill, Mr. Clerk.”
"Senate Bill 1931, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Miller.”
“Thank you, Mr. Speaker. This is not House Bill 750, I believe, correct?”
“You keep trying.”
“Anyway, what the… what Senate Bill 1931 does is a… is a compromise between the… in working with the Chicago Coalition of the Homeless, helps provide some technical changes and it help… helps provide the trans… transportation expenditures of who decides and what they need to look into for children that’ve been deemed homeless. I ask for a favorable vote.”
“Seeing no questions, the question is, 'Shall Senate Bill 1931 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? 09400052.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Have all voted who wish? The Clerk shall take the record. On this question, there are 114 voting 'aye', 1 voting 'no', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1639, Representative Black, 1639. Read the Bill, Mr. Clerk.”
"Senate Bill 1639, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“Mr. Speaker, for once in 20 years, the Senate actually sent my House Bill to the Governor. I don’t see any reason to take up time to pass a duplicate Bill which tends to confuse the Governor. Please table this Bill.”
“The Gentleman requests that Senate Bill 1639 be tabled. Asks leave and leave is granted. Mr. Clerk, we have Senate Bill 1932, Representative Black. Read the Bill, Mr. Clerk.”
"Senate Bill 1932, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“The Gentleman…”
“Thank you very much, Mr. Speaker. This is a very simple Bill. I don’t know of any opposition. Please vote ‘aye’.”
Speaker Turner: “The Gentleman from Bond, Representative Stephens, for what reason do you rise?
“I have Senator Winkel on the line for Representative Black, something about a Bill that got taken out of the record.” 09400052.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Seeing no further questions, the question is, 'Shall Senate Bill 1932 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1967, Representative Flider. Read the Bill, Mr. Clerk.”
"Senate Bill 1967, a Bill for an Act concerning aging. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Macon, Representative Flider.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1967 is an initiative of AARP. And it addresses the need for affordable senior housing by requiring the Department of Aging to use the recommendations of the Illinois Annual Comprehensive Housing Plan in their efforts to address the affordable housing needs of older adults. Affordable housing options are a key element in giving seniors a real opportunity to live and receive services in their communities. And this will insure that affordable senior housing is part of our restructuring of the longterm care system by incorporating it into the Older Adult Services Act by reference. The Bill passed the House, excuse me, passed the Senate unanimously. And I would appreciate your support.” 09400052.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Seeing no questions, the question is, 'Shall Senate Bill 1967 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 1986, Representative Leitch. Read the Bill, Mr. Clerk.”
"Senate Bill 1986, a Bill for an Act concerning public aid. Third Reading of this Senate Bill.”
“Gentleman from Peoria, Representative Leitch.”
“Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1986 is very similar if not virtually identical to House Bill 2892 which we passed unanimously out of this chamber. This Bill pertains to expansion of the data warehouse that with such expansion we’ll finally one day be able to have one-stop services throughout the human services system. Together would reap a whole variety of different… continue to reap a variety of benefits and cost savings of… from the data warehouse expansion. As you know, since we’ve received this data warehouse in 1999, we’ve saved over a billion dollars in managing Medicaid. And the State of Michigan claims they’re saving a million dollars a working day in Michigan using this technology. At the request of the Department of Human Services who now support the Bill, I was asked to 09400052.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 read into the record that the Department of Human Services has decided that Senate Bill 1986 will be cost neutral and will not result in an increase of the DHS Management Systems Operational Budget with the following provisions, if the Department of Public Aid takes the necessary data extracts from the Department of Human Service healthcare services and data that they currently already receive on a daily basis. And two, if the Department of Public Aid gives the Department of Human Services comun… computer access to all the direct clinical data in the Department of Public Aid warehouse, relative to its clients for operational outcome evaluations, and outcome studies to evaluate longitudinal quality of care. This evaluation shall be used to improve both the application of evidence based clinical practice across the health care continuum. Both Department of Human Services and the Department of Public Aid have agreed to these provisions, pursuant to their agreement, DHS and DPA have agreed to enter into an inter-agency agreement that will say as much. With that, I’m available for questions or otherwise ask for your support.”
“Seeing no questions, the question is, 'Shall the House adopt… shall the House pass Senate Bill 1986?' 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? Leitch. The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 09400052.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 ‘presents’. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 2032, Representative Reis. Read the Bill, Mr. Clerk.”
"Senate Bill 2032, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“The Gentleman Jasper.”
“Thank you, Mr. Speaker and Members of the House. Senate Bill 2032 addresses right now under current law, a chi… a child of a soldier that was killed in service gets $250 thousand (sic-$250) for… to help out with their educational expenses. But right now that only goes to students who are in private schools. Senate Bill 2032 would restate that to say that any child would get the $250 to help out with their schooling. I ask for your ‘aye’ vote.”
“Seeing no questions, the question is, 'Shall Senate Bill 2032 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 112 voting 'aye', 1 voting 'no', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 2043, Representative Acevedo. Acevedo on 2043. Read the Bill, Mr. Clerk.”
"Senate Bill 2043, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.” 09400052.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 403 (sic-2043) amends the State Employment Records Act. Provides that each state agency shall include in its annual report a description of the agency’s Hispanic employment plan and its bilingual employment plan, the financial data for the most recent fiscal year about the expenditures for the Hispanic and bilingual plans, the effectiveness of the plans, programs, methods or strategies developed by the agencies to meet the purpose of the Act. Reports on information about the agency’s Hispanic and bilingual programs that the agency received from the Department of Human Rights, Department of Central Management, the Auditor General or the Governor. Information about the agency’s studies and monitoring success about the increase of Hispanics and bilingual persons at the supervisory, technical, professional and managerial levels. And information about the agency’s budget allocations for the Hispanic and bilingual employment programs. I’d be happy to answer any questions.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 2043?' 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the 09400052.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Order of Third Readings, we have Senate Bill 2060, Representative Chapa LaVia. Read the Bill, Mr. Clerk.”
"Senate Bill 2060, a Bill for an Act concerning military personnel which may be referred to as the Illinois Patriot Plan. Third Reading of this Senate Bill.”
“Thank you, Speaker. House Bill, I mean Senate Bill 2060, this legislation provides many forms of financial relief for… for our service men and women right now who will wear the uniform and make many sacrifices. As a veteran and vice-chair of the Veterans Affairs Committee, I feel it’s imperative for us to make our service men and women’s life easier and allow them to focus on jobs they must do. And not worry about petty things like cell phone bills or car leases or have extra weight placed on their shoulders by cutting off family’s utilities or kicking out of their homes. And I request a favorable vote. Thank you.”
“Seeing no questions, the question is, 'Shall the House adopt Senate Bill 2060?' 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? Kosel. The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby passed. We have Senate Bill 2066, Representative Brauer. Read the Bill, Mr. Clerk.” 09400052.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Senate Bill 2066, a Bill for an Act concerning employment. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Sangamon, I mean, the Gentleman from Menard, Representative Brauer.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a very simple Bill. When a worker collects unemployment insurance, those benefits are taxed. He has the option of taking that tax out on the federal level but he doesn’t have that option of taking those tax out on the state level. This Bill would allow him to take that option, if he so desired. I’ll answer all questions.”
“Seeing no questions, the question is, 'Shall Senate Bill 2066 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 2091, Representative May. Read the Bill, Mr. Clerk.”
"Senate Bill 2091, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.”
“The Lady from Lake, Representative May.”
“Yes, Mr. Speaker, Ladies and Gentlemen of the House. This actually asks the Department of Public Health to make available the department’s website information directing them, anyone who should log on to ongoing clinical trials. 09400052.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Whether they be from the National Institute of Health, those sponsored by academic researchers and those sponsored in the private sector. Following the lead of Representative from Vermilion, I had a similar Bill because I’d heard from constituents after Vioxx and other… other drugs were approved on the market. They wanted more information. So, this Amendment that we added in the House addresses the concerns of our fine universities and the pharmaceutical companies and makes it basically an agreed Bill that will help the public get information about clinical trials. I’d be happy to answer questions.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“It says here, ‘requires universities to report clinical trials’. Is that public universities or private universities or does it matter?”
“It really doesn’t matter for this. We’re just putting those… their results on the website. Linking them to www…”
“If it’s a private university and they’re doing the clinical trials with private research money that might very well end up for developing some kind of a drug or something, does that matter to you? In other words, if they’re really doing this to try and develop a drug that could be marketed, does that not come into play here?”
“All results are now actually required that there was a Federal Law, the Medicare Modernization Act of 2003. So, 09400052.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 before that only life-threatening illnesses were reported, the clinical trials on that. And now everything needs to be. I don’t think that…”
“Well, if it’s a Federal Law, why do we need this?”
“Because we want to get more information through the people who log onto the Department of Public Health’s website.”
“If it’s a Federal Law, why do we need this?”
“This basically is asking the Department of Public Health to link up to www.clinicaltrials… www.clinicaltrials.gov, to make it easier for people to find the information.”
“Okay.”
“Thank you.”
“Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2091?' 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? The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 14 in the Calendar, we have… all right… out of the record. On the Order of Third Readings on page 11 in the Calendar, we have Senate Bill 834, Representative Moffitt. Read the Bill, Mr. Clerk.”
"Senate Bill 834, a Bill for an Act concerning local government. Third Reading of this Senate Bill.” 09400052.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
Speaker Turner: “The Gentleman from Knox, Representative Moffitt.”
“Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 834 is an initiative of the Township Officials of Illinois and it provides that if an area is annexed into a municipality and it has a sewerage system then the municipality must assume the responsibility of that system. Once that land is transferred into the municipality, the township would lose its taxing authority. It would be given to the municipality. Just a case of fairness with the municipality taking it over, they would also take over the sewer. The Municipal League is… is neutral. They have no position on this. So, there’s no… no opposition that I’m aware of. Be happy to entertain any questions.”
“Seeing no questions, the question is… The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Representative Bellock has her light on, also. Representative… will the Sponsor yield?”
“He indicates he will.”
“Thank you. Representative, says here that the Municipal League is opposed. Have they recently removed their opposition?”
“Right, that’s correct. Initially, I think they just raised a caution flag. And I talked to ‘em as recently as yesterday. That what you’re looking at would of course be 09400052.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 the original analysis. And they said they’re… they have no position.”
“So, have they solved it by some kind of an agreement that once the township loses the taxing authority and the municipal government gre… gains it that there’s some kind of compensation or some kind of an understanding? What is the understanding here?”
“What you just stated would be correct. The municipality would then pick up the… revenue and the township would lose it. I think maybe prior to that if, just from memory, there was a time… there was a question if the and it may’ve been addressed last year. They had a real concern if they didn’t also get the sewer and water part… as part of it, even though it wasn’t. And that was addressed so the municipalities have satisfied their concern and… and their position is neutral. I think that was addressed last year, Representative. And when then this came up this year, the assumption was they… they might still be opposed but… but they have no position. And that’s direct from the lobbyist for the Municipal League.”
“Thank you very much.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise? Seeing no further questions, the question is, 'Shall the House pass Senate Bill 834?' 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 09400052.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 11 of the Calendar, we have Senate Bill 767, Representative Froehlich. Read the Bill, Mr. Clerk.”
"Senate Bill 767, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Froehlich.”
“Thank you, Mr. Speaker. Senate Bill 767 addresses the topic of legal counsel for regional superintendents of schools. This Bill will permit counties to grant approval for educational service regions to hire private legal counsel instead of state’s attorneys. I know of no opposition to the Bill. I ask for an ‘aye’ vote.”
“Seeing no questions, the question is, 'Shall the House adopt Senate Bill 767?' 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 Gordon. The Clerk shall take the record. On this question, there are 113 voting 'aye', 2 voting 'no', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 635, Representative Pritchard. Read the Bill, Mr. Clerk.”
"Senate Bill 635, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.” 09400052.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
Speaker Turner: “The Gentleman from Dekalb, Representative Pritchard.”
“Yes, Mr. Speaker. This is… is a Bill that amends the State Finance Act. It creates an Intercity Passenger Rail Fund. Whereby, we’re trying to encourage state employees to use mass transit in traveling between Springfield and Chicago or St. Louis. This fund would generate money that would allow for extra service between those destinations and hopefully, will be more convenient for state employees. The savings that we would incur with this kind of service will be used to fund the proposal that we’re talking about. I would ask for your support.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 635?' 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 559, Representative Sacia. Read the Bill, Mr. Clerk.”
"Senate Bill 559, a Bill for an Act concerning health. Third Reading of this Senate Bill.”
“The Gentleman from Winnebago, Representative Sacia.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 559 provides the a police officer may 09400052.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 complete a petition for a person’s involuntary admission to a mental health facility if they took the person into custody and brought them to the facility. But it would no longer require the officer to file a petition. This Bill is supported by the Mental Health Association, the Illinois Sheriffs’ Association, Community Behavioral Health Care Association and other associations afflit… affiliated with mentally ill. And there is no known opposition. I’d ask for an ‘aye’ vote and be happy to answer any questions.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 559?' 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 516, Representative Mathias. Read the Bill, Mr. Clerk.”
"Senate Bill 516, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Lake, Representative Mathias.”
“Thank you, Mr. Speaker. Senate Bill 516, what it does is it just provides that in… in civil cases this… this does not… this actually mirrors what’s already in criminal law. It provides that if a judge is named in a petition for a substitution of a judge, he need not testify in the 09400052.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 proceeding but he may submit an affidavit he is so wishes. And of course, if the petition is allowed, then the case has to be assigned to someone not named in the petition and if it’s denied, then it’s assigned back to the judge who originally was named. I ask for your ‘aye’ vote.”
“Seeing no further questions, the question is, 'Shall House Bill… Senate… shall Senate Bill 516 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… have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, page 12 of the Calendar, we have Senate Bill 1752, Representative Patterson. Read the Bill, Mr. Clerk.”
"Senate Bill 1752, a Bill for an Act concerning civil liabilities. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Patterson.”
“Thank you, Mr. Speaker. Senate Bill 1752 amends the Illinois Code of Civil Procedure regarding the amount of wages subject to collections under the wage deduction order. Under current law, the Illinois wage garnishment statute exempts 45 times the federal minimum wage per week from garnishment. However, there is a disconnect between the minimum wage that the state mandates and the minimum wage that is mandated by Federal Government. The minimum 09400052.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 wage by state is $6.50. The minimum by federal is $5.15 or there abouts. This particular Senate Bill requires the higher minimum wage to be used. And as a result of that, the formula will allow the person to take home more money to be used for household use than the previous method of using the lower… minimum wage, the federal minimum wage amount. So, Mr. Speaker, I will answer any questions.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 1752?' 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 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 11 of the Calendar, we have Senate Bill 477, Representative Mathias. Read the Bill, Mr. Clerk.”
"Senate Bill 477, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Lake, Representative Mathias.”
“Thank you, Mr. Speaker. Senate Bill 477 creates the offense of involuntary servitude, sexual servitude of a minor and trafficking of persons for forced labor and services. It also mandates restitution. While… in today’s day and age, you would think that this would’ve been abolished a long time ago. Actually, and if you look in State Laws in Illinois, there are… we could not find any 09400052.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 laws to… to actually make it illegal in the State of Illinois. And in addition to that, again, we’re mandating restitution. This is supported by the Illinois Association of Chiefs of Police. And I ask for your ‘aye’ vote.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 477?' All those… all in… all in favor should vote 'aye'; all opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 529, Representative May. Read the Bill, Mr. Clerk.”
"Senate Bill 529, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.”
“The Lady from Lake, Representative May.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Senate Bill 529 is a trailer Bill to the Grandparents Act which the Governor signed last year. There were ten pages… ten different occasions, ten different times in our State Laws where we found a very offensive reference to illegitimate child. So, this Bill changes the references to ‘illegitimate child’ to ‘child born out of wedlock’ and from ‘legitimate child’ to ‘lawful child’. I met a grandmother who is… who was pushing for this passage. She felt it stigmatized her grandchild and I agree. It’s common sense that we do this and get rid of 09400052.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 this offensive term in our statutes. It passed unanimously out of the Sen… Senate. Also, flew out of committee and I ask for an ‘aye’ vote.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 529?' Just a moment. The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Just to show that Representative May and I often do agree. This is a good Bill. It came out of the Adoption Act and Child Support Bill some years ago. And it’s trying to bring language up-to-date so that you don’t cast such a stigma on… on… on children who have been adopted. It… it’s a good Bill. I would say this if Representative Feigenholtz was here but I couldn’t let the opportunity to pass to get up and speak in favor of a Representative May Bill because that doesn’t happen very often. So, I’m so happy that Representative May and I have learned to get along and go along and who knows where this will lead. Vote ‘aye’.”
“You’re setting a good example for us here. Seeing no further questions, the question is, 'Shall the House pass Senate Bill 529?' 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 115 voting 'aye', 0 'no', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On 09400052.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 page 10 of the Calendar, we have House… Senate Bill 471, Representative Patterson. Read the Bill, Mr. Clerk.”
"Senate Bill 471, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Patterson.”
“Thank you, Mr. Speaker. Just one moment. Thanks again, Mr. Speaker. Senate Bill 471 basically adds ‘funds’ to be part of the definition of ‘government property’. If you recall House Bill 1434 which passed unanimously out of this House, was… made government property a felony with increased penalties. So, Senate Bill 0471 simply adds ‘government funds’ to that definition of ‘government property’. So with that, Mr. Speaker, I will answer any questions. Thank you.”
“Seeing no questions, the question is, 'Shall the House pass Senate Bill 471?' All those in favor say 'aye'; all those opposed say 'no'. Opinion of the Chair is the ‘ayes’… should say all those will vote ‘aye’ or 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… Cultra. The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is declared passed. On the Order of Third… Third Readings, we have House… Senate Bill 463, Representative Black. Read the Bill, Mr. Clerk.” 09400052.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Senate Bill 463, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker, an inquiry of the Chair.”
“State your inquiry.”
“It… it’s been awhile. I wanna make sure that the committee Amendment is adopted to the Bill.”
“Mr. Clerk, could you tell us what Amendments are on the Bill?”
"Amendment #1 was adopted in committee.”
“All right. Thank you very much. Mr. Speaker and Ladies and Gentlemen of the House, as amended this Bill, as far as I know, has no opposition. It transfers all powers and duties with regard to the high school equivalency testing from the Illinois State Board of Education to the Illinois Community College Board. Amendment #1 simply makes sure that this is done in an orderly way and that all of the language and all of the necessary changes in current State Law is… is made. This has been a work in progress for a number of years. It’s a Bill, I think, whose time has come. And I appreciate the work of everyone involved to… to reach, what I think, is an agreed Bill. I urge an ‘aye’ vote.”
“The question is, 'Shall the House pass Senate Bill 463?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted 09400052.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 52, Representative Granberg. Read the Bill, Mr. Clerk.”
"Senate Bill 52, a Bill for an Act concerning government. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Clinton, Representative Granberg.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 52 expands the definition for exemption from the Freedom of Information Act for proprietary information. So, they… private investment firms, venture capital firms do not have to disclose proprietary or confidential information if a public pension system is investing… investing in that venture capital firm. There is no opposition and in fact, the Illinois Press Association removed their opposition on the agreed Amendment. And I’d be happy to answer any questions.”
Speaker Turner: “Seeing no questions… The Gentleman from Champaign, Representative Rose, for what reason do you rise?”
“Question of the Sponsor.”
“He indicates he’ll yield.”
“Is this the identical or similar to the legislation you had last year on this?” 09400052.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“No, we have reached an agreement, Representative Rose, with the Illinois Press Association. The group’s addressed their concerns because they… they thought the legislation was too broad that it’d be… too much would be exempt from the Freedom of Information Act. So, they limited its scope where it’d be detrimental to that private group.”
“Last year when we were here, they were neutral on it last year, too.”
“They actually had opposition this year in the Senate. I don’t remember them being neutral last year, Representative.”
“Okay. Thank you.”
“Seeing no further questions, the question is, 'Shall the House pass Senate Bill 52?' 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. There are 111 voting… 112 voting 'aye', 3 voting 'no', and 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 445, Representative Fritchey. Read the Bill, Mr. Clerk.”
"Senate Bill 445, a Bill for an Act concerning Social Security numbers. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Fritchey.” 09400052.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Thank you, Speaker, Members of the Comm… Members of the Body. Senate Bill 445 is part of the numerous initiatives that we’ve seen down here to deal with the issue of identity theft. It would prohibit the placement of Social Security numbers on various university documents. I would like to clarify for purs… purposes of legislative intent, though, that we wanna clear that the Bill is targeted towards student, faculty and staff ID cards, food service cards or other similar documents that students need to access university services. We’re aware that some state and federal financial aid documents and various internal university documents require the use of the student’s Social Security number. This language is not intended to impact those items. What it is intended to do, though, is protect students from having their personal information, Social Security numbers unnecessarily put out there into the public domain thus sus… making them susceptible to becoming a victim of identity theft. We know of no opposition to this and we request an ‘aye’ vote.”
“Seeing no questions, the question is, 'Shall the House adopt Senate Bill 445?' 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? Representative Younge. The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have 09400052.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Senate Bill 554, Representative Gordon. Read the Bill, Mr. Clerk.”
"Senate Bill 554, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.”
“The Lady from Grundy, Representative Gordon.”
"Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 554 is an initiative of the Kankakee County Sheriff, Tim Bukowski. He came to myself and Senator Halvorson across the hall, to… to be able to give counties the ability the start a reentry court program for nonviolent offenders and I wanna repeat that, nonviolent offenders. These would be people who would be convicted of and in prison for small time possession of drugs or retail theft or driving revokes. And in the last year of their sentence, they would come back to the county they were sentence out of and Kankakee County wants to be a pilot program for this. But to come back to the county they were sentenced out of for training and education and job placement services. Kankakee Community College is involved with this, as well as, the court services. Chief Judge Clark Erickson is a supporter of this legislation. I’m interested in it personally because it would, in effect, lower the number of victims of crimes. I consistently have been the voice for victims during my career as an attorney and continued to be that while sponsoring this type of legislation. It is a fact that when a string of burglaries occurs in any of our towns, the first people that our police officers look at are the ones that are on parole and 09400052.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 just got out of prison. When people are taught not to go back to that type of life and have the skills to get a job and become productive citizens, we can keep these crimes from occurring. I’d be happy to answer any of your questions but I would urge an ‘aye’ vote. Thank you.”
“The Gentleman from Champaign, Representative Rose, for what reason do you rise?”
“Question of the Sponsor.”
“She indicates she will.”
“Afternoon, Representative. Our analysis indicates this program must be established for the individual to reenter into the community for felony offenders who are within 1 year of their release of prison?”
"It’s… it’s… it’s permissive language, Representative. The county board would have to vote for it and approve it.”
“What… what happens if they don’t establish this program? Or are they… what happens then?”
"Then… then it doesn’t happen. I mean, the counties choose whether or not they want to do this.”
“So…”
"So, if they don’t… if there’s… if they have a jail that they don’t have room in, obviously, that’s not a place for this type of program to occur. So, they don’t do it.”
“So, if the county wants to do that, what… what would the program offer? What… I mean, if there’s an inmate in the county jail or co… I guess since this would be… since county jails are limited to less than a year anyway, this doesn’t… does this effect the Department of Corrections?” 09400052.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Pardon, it does, it does…”
“It does.”
"And the county would be able to do contracts with the Department of Corrections and would try and get some grant moneys to pay for this. But you and I both know that it costs less money to keep an inmate in a county jail for a day then it does in the Department of Corrections. And so, it’s a cost-saving measure as well.”
“Okay, thank you.”
“Seeing no further questions, the question is, 'Shall the House pass Senate Bill 554?' 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 109 voting ‘no’… I mean, voting 'aye', 6 voting 'no', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joe Lyons in the Chair” Speaker Lyons, J.: “Mr. Clerk, on page 11 of the Calendar is Senate Bill 849, Representative Gordon. Read the Bill, Mr. Clerk.”
"Senate Bill 849, a Bill for an Act concerning health facilities. Third Reading of this Senate Bill.”
“The Chair recognizes the Lady from Grundy, Representative Gordon.”
"Thank you, again, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 849 amends the Abused and Neglected Longterm Care Facility Residence Reporting Act. Right now, 09400052.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 whenever there is a problem in a facility, it automatically has to go to the State Police and the Inspector General. This legislation allows the local law enforcement people to become involved with the problems at private longterm care facilities. We’ve had some discussion on it in committee but I do believe it is a… is a good Bill. The Department of Human Service, Inspector General, the Public Health, Illinois Association of Chiefs of Police, the State Police are all proponents of this Bill. And I would also ask for your ‘aye’ vote.” Speaker Lyons, J.: “Is there any discussion on Senate Bill 849? Seeing none, the question is, 'Should Senate Bill 849 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. Mr. Clerk, on page 12 of the Calendar is Senate Bill 1443. Read the Bill, Mr. Clerk.”
“Senate Bill 1443, a Bill for an Act concerning courts. Third Reading of this Senate Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Art Turner.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1443, I have 1444. Senate Bill 1443 and 44 do two… do… hold on just a minute. Senate Bill 1443, I present this Bill on behalf of the clerks of this 09400052.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 State of Illinois. What this Bill does is it allow, with the approval of the county board, the clerk’s fee to be raised to a maximum of $15. Currently, the fee that the clerks charge is anywhere from $1 and it had a max of $5. This would allow the fees for court costs to… to deal with document retention, to go up to a max of $15. This charge, though, cannot be passed on without the approval of the county boards. And there are no opponents to this particular piece of legislation. And I move for the adoption of it.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker. To the Bill.” Speaker Lyons, J.: “To the Bill.”
“I respect what the Gentleman’s trying to do, but enough is enough when you’re socking it to the taxpayers here. The old adage, ‘Never underestimate the greed of government.’ This is a perfect example of this. What they’re trying to do is triple the amounts for the fees that can be charged when you file a new suit. Let me tell ya, whenever we passed a Bill to allow people to go up to the maximum, they always do. Like in McHenry County, they… we allowed them to bring up the fees, I think it was 2 years ago, over many of our objections. And I know that I was in court a couple weeks ago and to change a number on a pleading, they charged $25 for that and then a $10 mailing fee because we gave them the ability to move these fees up. Now, this was something they had the court number on. They 09400052.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 had the line number. It certainly didn’t cost $35 worth of people time to do it, but they charged it because they could. Now, if we allow them to continue to do this, this is gonna lock the courthouse out for a lot of small business and for other people because we’re gonna continue to keep adding fees and costs on that are unnecessary, undocumented and I… this… this is a tax. It is a tax on doing business and I think we have to draw the line here. And I’d ask you all to vote ‘no’.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative Turner, how long has it been, do you… do you know how long ago it was that we authorized the $5 fee for the Automation Fund?”
“Representative, I’ve been here… this will be my 25th year and I don’t recall it happening in the last 15.”
“It was… was 1991.”
“Okay.”
“I talked to my circuit clerk…”
“Okay.”
“…the other day. She said this fee has not been increased since 1991. Let me make sure I understood what you said. The fee cannot be imposed without an action by the county board, correct?”
“That is correct.” 09400052.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Thank you very much. Mr. Speaker, to the Bill. It would seem to me that the county board would know whether or not the fee is needed and necessary to improve their automation process. Years ago when I was on the county board of Vermilion, most of these records were kept in huge journals in… in rooms and there were volumes, literally tons of books bound together and kept in these records. Some would go back as far as the 1880s. Well, needless to say and Vermilion County isn’t a big county, we ran out of storage room. You… you can’t do that any more and I would also submit to you that it’s labor intensive to copy all of these records down by hand, bind them together by hand, carefully store them by hand and then maintain the records by hand to find out where the documents are, in fact, stored in the courthouse if somebody wants it. Automation is here. It isn’t going to go away. It’s expensive. We want people to automate. We’re not giving anybody the authority to raise a fee other than the locally elected county board members. They can make that decision. They know what their county needs. This fee hasn’t been increased since 1991. I think Representative Turner has a reasonable Bill that’s worthy of support. I intend to vote ‘aye’.” Speaker Lyons, J.: “Representative Turner to close.”
“Thank you, Mr. Speaker. I commend the previous speaker. I think he pretty much said it all. As I say, today, with the technology changes and the requirement by the courts that these clerks hold onto all of this 09400052.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 documentation, it has posed a problem. I think this fee is a nominal fee and that, again, it has to have the approval of the county board. And so, I move for the adoption of Senate Bill 1443.” Speaker Lyons, J.: “The question is, 'Should Senate Bill 1443 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 Granberg. Mr. Clerk, take the record. On this Bill, there are 75 Members voting 'yes', 37 Members voting 'no', 3 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 12 of the Calendar is Senate Bill 1444. Read the Bill, Mr. Clerk.”
“Senate Bill 1444, a Bill for an Act concerning courts. Third Reading of this Senate Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Art Turner.”
“Thank you, Mr. Speaker. This Bill is very similar to the first Bill only it puts back in a provision that was deleted from the first Bill which allows the… the costs to be passed to those people who have been charged with a petty offense, moving violation in the counties with population between 650 thousand and 3 million. And that’s… again, this increase would have to be supported by the county board and passed on by the county board. The maximum level would now go up to the $15 which the previous 09400052.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Bill increased to. And I move for the adoption of Senate Bill 1444.” Speaker Lyons, J.: “Any questions from the Members? Seeing none, the question is, 'Should Senate Bill 1444 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 74 Members voting 'yes', 39 voting 'no', 2 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Members, we will be moving Bills now from Second to Third starting on page 14. So, if you have a Bill that you want move, certainly give me the indication that you do. If you don’t, give me that indicator also. On page 14 is Senate Bill 25, Representative Froehlich. Read the Bill, Mr. Clerk.”
"Senate Bill 25, a Bill for an Act concerning vehicles. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 14 of the Calendar, we have Senate Bill 46, Representative Mathias. You said you want us to move it to Third? Second Readings, we’re moving Second to Third. Read the Bill, Mr. Clerk.”
"Senate Bill 46, a Bill for an Act concerning safety. Second Reading of this Senate Bill. Amendments #1 and 2 were adopted in committee. No Floor Amendments. No Motions filed.” 09400052.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Speaker Lyons, J.: “Third Reading. On page 14 of the Calendar, Representative Colvin has Senate Bill 49. Read the Bill, Mr. Clerk.”
"Senate Bill 49, a Bill for an Act concerning public employee benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 14 of the Calendar, Representative Sullivan has Senate Bill 54. Representative Sullivan. Read the Bill, Mr. Clerk.”
"Senate Bill 54, has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Sullivan, has been approved for consideration.” Speaker Lyons, J.: “Representative Sullivan, on the Amendment.”
“Yes, the Amendment just clarifies that when the vehicle is being used for other purposes that… when the… when the vehicle is being used that it can only be used for purposes designated by government work. Thank you.” Speaker Lyons, J.: “Any questions? Seeing none, all those in favor of the Amendment vote… say ‘aye’, those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. The Amendment is adopted. Any further Amendments, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 61 of the Calendar, Representative Fritchey. Representative Fritchey in the chamber? Read the Bill, Mr. Clerk.” 09400052.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Senate Bill 61, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 14 of the Calendar, Representative Black has Senate Bill 66. We’ll come back to that, Mr. Clerk. We’ll come back to that. Representative Sullivan has Senate Bill 79. Read the Bill, Mr. Clerk.”
"Senate Bill 79, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Representative Sullivan?”
“Yeah, run it.” Speaker Lyons, J.: “Okay. Move that Bill to Third Reading, Mr. Clerk. Mr. Clerk, I’d like you to go back to Representative Black’s Senate Bill 66. Read… read the Bill, Mr. Clerk.”
"Senate Bill 66, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Black, has been approved for consideration.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #2 was suggested by Representative Fritchey while this Bill was in committee 09400052.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 and he was right on target. It is… was not our desire and I should’ve caught it and I’m glad Representative Fritchey did. This Bill deals with a lien right on personal property in an automobile that is towed. And as he pointed out, it should only be personal property of the owner of the car not a passenger or not a third party. He’s… it was absolutely correct. Floor Amendment #2 makes it very clear that only the personal property that belongs to the owner of the vehicle would be subject to the personal property lien. I urge an ‘aye’ vote on the Amendment. I’ll be glad to answer any questions you have.” Speaker Lyons, J.: “Is there any discussion on the Amendment? The Chair recognizes the Gentleman from Cook, Representative Fritchey.”
“Thank you, Speaker. To the Amendment, to the Sponsor, I just really want to say… the Amendment takes a Bill that was exactly right in concept but technically flawed and brings everything exactly right and makes it a very good piece of legislation. I’d… I’d be remiss if I just didn’t tell Representative Black, you’re gentleman, you’re a good guy. People down here tend to fight for the sake of fighting. I brought something up in good faith. You quickly responded in good faith. That’s how this process should work and I thank you for that.” Speaker Lyons, J.: “Any further discussion? Seeing none, the question is… all those in favor of adopting Floor Amendment #2 say ‘aye’; those opposed ‘no’. In the opinion of the 09400052.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Chair, the ‘ayes’ have it. Amendment #2 is adopted. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 14 of the Calendar, Representative Mathias has Senate Bill 98. Read the Bill, Mr. Clerk. Representative Mathias.”
"Senate Bill 98, a Bill for an Act concerning civil law. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Keep this Bill on the Second Reading on the request of the Sponsor. Representative Mathias on Senate Bill 102, are you prepared to move that? Representative Fritchey is the primary Sponsor, you’re number two. You wanna leave that where it is or do you wanna move the… Mr. Clerk, read… read… read the Bill, Senate Bill 102.”
"Senate Bill 102, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 14 of the Calendar, is Senate Bill 133. Is Representative Hannig on the floor? We’ll hold that Bill, Mr. Clerk. Also, on page 14 is Senate Bill 139, Representative Saviano. Read the Bill, Mr. Clerk.”
"Senate Bill 139 has been read a second time, previously. Amendment #1 was approved in committee. Floor 09400052.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Amendment #2, offered by Representative Saviano, has been approved for consideration.” Speaker Lyons, J.: “The Gentleman from Cook, Representative Saviano on the Amendment.”
“Thank you, Mr. Speaker. Floor Amendment #2 is simply some cleanup from the underlying Bill. And I wish for it be adopted.” Speaker Lyons, J.: “Any questions on the Amendment? Seeing none, all those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. The Amendment… Floor Amendment #2 is adopted. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 15 of the Calendar, Mr. Clerk, is Senate Bill 158. Representative Saviano, Senate Bill 158?”
“Is there gonna be any Amendments filed on that?” Speaker Lyons, J.: “Mr. Clerk, read the Bill.”
"No Amendments have been filed on Senate Bill 158.”
“Hold that on Second for now until I find…” Speaker Lyons, J.: “On request of the Sponsor, Mr. Clerk, we’ll leave that Bill on Second.”
“We have… we have an Amendment in Rules.” Speaker Lyons, J.: “We’ll leave that Bill on Second Reading. On page 15 of the Calendar, Representative Graham has Senate Bill 193. We’ll hold that Bill on Second Reading on request of the Sponsor. On page 15 of the Calendar, is 09400052.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Senate Bill 210. Representative Froehlich, Senate Bill 210? Read the Bill, Mr. Clerk.”
"Senate Bill 210 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Froehlich, has been approved for consideration.” Speaker Lyons, J.: “Floor Amendment #1, Representative Froehlich.”
“This Amendment was at the request of State Police, simply to clarify that if you pull over to use a cell phone and you’re stopped on the side of the road that would be permitted under the Bill.” Speaker Lyons, J.: “Are there any questions on Floor Amendment #1? Seeing none, all those in favor of adoption signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. Floor Amendment #1 is adopted. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 15 of the Calendar, Representative Graham has Senate Bill 229. Out of the record. Representative Chavez has Senate Bill 233. Representative, you want us to move this to Third Reading or hold it on Second? Read the Bill, Mr. Clerk.”
"Senate Bill 233, a Bill for an Act concerning business. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09400052.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Speaker Lyons, J.: “Third Reading. On page 15 of the Calendar, Representative Holbrook has Senate Bill 241. Read the Bill, Mr. Clerk.”
"Senate Bill 241, a Bill for an Act concerning safety. Second Reading of this Senate Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 15 of the Calendar, Representative Collins has Senate Bill 283. Read the Bill, Mr. Clerk.”
"Senate Bill 283, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 15 of the Calendar, Representative Burke has Senate Bill 288. Read the Bill, Mr. Clerk.”
"Senate Bill 288, a Bill for an Act concerning the Metropolitan Water Reclamation District. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 15 of the Calendar, Senate Bill 309, Representative Acevedo. Do you care to move that Bill? Representative Acevedo? Senate Bill 309? Read the Bill, Mr. Clerk.”
"Senate Bill 309, a Bill for an Act concerning taxes. Second Reading of this Senate Bill. Amendment #1 09400052.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 was approved in committee. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 15, Representative Naomi Jakobsson has Senate Bill 327. Representative Jakobsson? Representative Jakobsson, Senate Bill 327. Read the Bill, Mr. Clerk.”
"Senate Bill 327, a Bill for an Act concerning alcoholic liquor. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 16 of the Calendar, Mr. Clerk, Senate Bill 341, Representative Nekritz. Elaine Nekritz. Read the Bill, Mr. Clerk.”
"Senate Bill 341, a Bill for an Act concerning the Metropolitan Water Reclamation District. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 16 of the Calendar, is Senate Bill 343, Representative Hoffman. Is Representative Hoffman on the floor? We’ll hold that Bill for right now, Mr. Clerk. There’s also Senate Bill 383, Representative Mathias. Senate Bill 383. Read the Bill, Mr. Clerk.”
"Senate Bill 383, a Bill for an Act concerning education. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.” 09400052.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Speaker Lyons, J.: “Third Reading. On page 16 of the Calendar, Senate Bill 397, Representative Mautino. Representative Mautino. Read the Bill, Mr. Clerk.”
"Senate Bill 397, a Bill for an Act concerning safety. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Mr. Bill… Mr. Clerk, read Senate Bill 406.”
"Senate Bill 406, a Bill for an Act concerning liquor. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Mr. Clerk, hold this Bill on Second Reading. On page 16 of the Calendar, Representative Saviano has Senate Bill 450. Read the Bill, Mr. Clerk.”
"Senate Bill 450, the Bill’s been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On… on Senate… on page 16, Senate Bill 451, Representative Saviano. Read the Bill, Mr. Clerk.”
"Senate Bill 451, a Bill for an Act concerning regulations. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 16 of the Calendar, Representative Beiser has House… Senate Bill 465. Representative Beiser. Read the Bill, Mr. Clerk.” 09400052.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Senate Bill 465, a Bill for an Act concerning townships. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 16 of the Calendar, Senate Bill 469, Representative Froehlich. Read the Bill, Mr. Clerk.”
"Senate Bill 469, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 16 of the Calendar, Representative Schock has Senate Bill 479. Representative Aaron Schock. Is he in the chamber? We’ll hold that Bill until the Representative Schock returns. Page 16 of the Calendar, House… Senate Bill 485, Representative Sullivan. Read the Bill, Mr. Clerk.”
"Senate Bill 485, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. And on top of page 13 is Senate Bill 59… Senate Bill 519, Representative Delgado. Read the Bill, Mr. Clerk.”
"Senate Bill 519, a Bill for an Act concerning public aid. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Delgado, has been approved for consideration.” 09400052.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Speaker Lyons, J.: “Representative Delgado.”
“Thank you, Mr. Speaker and Members of the House. 519… Senate Bill 519 adds a new section to the Public Aid Code that requires the Departments of Human Services and Health Care and Family Services to join… convene… to jointly convene the interagency taskforce to conduct a thorough review and analysis of policies and procedures concerning applications and determinations of eligibility for cash assistance, food stamps, and medical assistance under Public Aid. The Amendment relates to the issues raised by the provisions of my original House Bill and at this point we have more comprehensive in-house view and analysis. And at this point, I would answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“Representative, Amendment #1 clarifies who’s gonna sit in on your taskforce?”
“I’m sorry, could you repeat that question, Representative?”
“Yeah, Amendment #1 clarifies who serves on the taskforce?”
“That is correct. I… some questions that come up in committee and the Amendment was clarifying in terms of who would serve, who were the agencies that would serve on the taskforce and to make sure the analysis encompassed 09400052.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 barriers encounter by the applicants, interview requirements, applications. Before we had a real fiscal problem with this and this… cleared that out by just creating the… the taskforce interagency.”
“How many people have you put on your taskforce?”
“That would done through the… give me one second. We don’t have a number on that at this point. And that’s a very good question because I would… I thought we had a breakdown of numbers. But what it will do between Departments of Human Services and Health Care and Family Services, formerly Public Aid, at that point, they would bring in the… the corresponding persons of their agencies that understand the policies and procedures and applications of determinations. This, Representative, is aiming at creating that the determinations when someone has public aid, an example that was given, that when a child is removed from the home… Well, let spac… try to stay specific to your question.”
“Thank you.”
“These would be the individuals that understand determinations. Right now, when someone loses their aid, there’s too much time between the time they get their aid back and the determi…”
“That’s not… that’s not… you’re gonna answer my question. My question is…”
“We don’t know…”
“…who’s gonna serve? Do you know if they’re going to be members of… if you’re gonna have Department of Human 09400052.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Services, Department of Family Services? Are these gonna be bureaucrats that are gonna serve on this or are they gonna be private sector people that are gonna…”
“No, these would be agency people who are from these departments, an interagency taskforce between both agencies and these would be the bureaucrats, liaisons that we utilize in the Human Services Committee.”
“Will they be compensated for travel through some kind of an appropriations?”
“No, not that… not that I know of, no. They’re under their regular status as agency now.”
“Okay. Well, I gu… I don’t see anything wrong with your Amendment. I’ll talk to you about the Bill when you present it. Thank you.”
“Thank you and I appreciate that question, Representative.” Speaker Lyons, J.: “Seeing no further questions, all those in favor of Floor Amendment #1 signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Floor Amendment #1 to Senate Bill 519 is passed. Anything further, Mr. Clerk?”
"No further Amendments. A Fiscal Note has been requested on the Bill as amended and a note has not been filed.” Speaker Lyons, J.: “We’ll hold that Bill on Second Reading. Page 17 of the Calendar is House Bill… Senate Bill 556, Representative Holbrook. Read the Bill, Mr. Clerk.” 09400052.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Senate Bill 556, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 17 of the Calendar, Representative John Bradley has Senate Bill 562. Is Representative Bradley in the chamber? We’ll ho… we’ll hold that Bill. Mr. Clerk, on page 17 of Calendar, Senate Bill 568, Representative May. Read the Bill, Mr. Clerk.”
"Senate Bill 568, a Bill for an Act concerning health. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Representative Giles in the chamber? I don’t see him at the moment. Page 17 of the Calendar is Senate Bill 763, Representative Miller. Read the Bill, Mr. Clerk.”
"Senate Bill 763, a Bill for an Act concerning public employee benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 17 of the Calendar is Senate Bill 768, Representative Connie Howard. Representative Howard on Senate Bill 768. Read the Bill, Mr. Clerk.”
"Senate Bill 768, a Bill for an Act concerning education. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.” 09400052.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Speaker Lyons, J.: “Third Reading. Out on page 17 is Senate Bill 833, Representative Ryg. Read the Bill, Mr. Clerk.”
"Senate Bill 833, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 18 of the Calendar, Representative Ryg has Senate Bill 966. Read the Bill, Mr. Clerk.”
"Senate Bill 966, a Bill for an Act concerning housing. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Ryg, has been approved for consideration.” Speaker Lyons, J.: “Representative Ryg on Floor Amendment. You wanna hold that Bill on Second Reading, Representative? On request of the Sponsor, we’ll hold that Bill on Second Reading, 966. On page 18 of the Calendar is Senate Bill 1210, Representative Saviano. Representative Saviano in the dis… We’ll hold that Bill… 12… Senate Bill 1219, Representative Saviano. Mr. Clerk, read Senate Bill 1219.”
"Senate Bill 1219, a Bill for an Act concerning property. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Also, on page 18 is Senate Bill 1210, Representative Saviano. Read the Bill, Mr. Clerk.” 09400052.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Senate Bill 1210, a Bill for an Act concerning civil law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 18 of the Calendar, Representative Graham has Senate… Senate Bill 1230. Read the Bill, Mr. Clerk.”
"Senate Bill 1230, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 18 of the Calendar, Representative Meyer has Senate Bill 1234. Read the Bill, Mr. Clerk.”
"Senate Bill 1234, a Bill for an Act concerning sex offenders. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 18 of the Calendar Representative Miller has Senate Bill 1251. Representative David Miller. Out of the record. Page 18 of the Calendar, Representative Biggins has Senate Bill 1294. Representative Biggins. Read… read the Bill, Mr. Clerk.”
"Senate Bill 1294, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 18 of the Calendar is Senate Bill 1489. Representative Hannig is not in the 09400052.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 chamber. Out of the record. Page 18 of the Calendar, Representative Colvin has Senate Bill 1509. Representative Colvin, Senate Bill 1509? Read the Bill, Mr. Clerk.”
"Senate Bill 1509, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On the bottom of page 18 is Senate Bill 1626. Representative Mendoza, Senate Bill 1626? Read the Bill, Mr. Clerk.”
"Senate Bill 1626, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On the top page 19, Representative Flider has Senate Bill 1638. Representative Flider. Read the Bill, Mr… Out of the record. Page 8… 19 of the Calendar is Senate Bill 1651. Representative Miller, Senate Bill 1651? Read the Bill, Mr. Clerk.”
"Senate Bill 1651, a Bill for an Act concerning public aid. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 19 of the Calendar is Senate Bill 1660. Representative McCarthy. Read the Bill, Mr. Clerk.”
"Senate Bill 1660, a Bill for an Act… Senate Bill 1660, a Bill for an Act in relation to public employee 09400052.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 19 of the Calendar is Senate Bill 1666. Representative Verschoore. Read the Bill, Mr. Clerk.”
"Senate Bill 1666, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed.” Speaker Lyons, J.: “Third Reading. Page 19 of the Calendar is Senate Bill 1699. Representative McGuire. Representative Jack McGuire? On Senate Bill 1699? There’s a Floor Amendment on this, Representative. Are you ready to do the Floor Amendment or you wanna hold this on Second Reading? Read the Bill, Mr. Clerk.”
"Senate Bill 1699, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1…” Speaker Lyons, J.: “Gentleman from Will, Representative McGuire.”
“Thank you, Mr. Speak… Representative Will Davis was gonna handle that Bill and I’m not sure Representative Davis is on the floor at the moment.” Speaker Lyons, J.: “Representative, we’re at Senate Bill 1699 and there’s an Amendment. The Chair recognizes Will Davis, Representative.” 09400052.doc 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Davis, W.: “Thank you, Mr. Speaker. 1699 was the Bill that we actually moved back to Second to do a little work on it. And what we’re trying to create is the Illinois Steel Development Working Group which is a little different than a formal… a board. But essentially, the Steel Development Working Group will be established. It… and its job will be to promote increased research, marketing, and use of American steel. Also, particularly here in the State of Illinois, the working group shall be composed of the following members: the director or secretary or his or her designee from the Department of Commerce and Economic Opportunity, Capital Development Board, Illinois Finance Authority, Illinois Department of Transportation, the Illinois tollway… Toll Highway Authority and four Members of the General Assembly, one appointed from each of the Leaders. Again, it’s objective will be to examine the steel industry and figure out ways to continually promote the steel industry, particularly here in the State of Illinois and the Village of Riverdale, which is in my district. I’ve got a company called ISG, a steel company called ISG which is doing great things in the Village of Riverdale. It’s currently trying to undergo an expansion where they can hire a couple more hundred people. So, this board will help to promote their activities, as well as, other activities in the State of Illinois. So, this Amendment is designed to create this working board. It’s all new language. I’ll be happy to answer any questions.” 09400052.doc 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative David Miller.”
“Will the… will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“You had said, Representative Davis, you said that the genesis of this Bill was what?” Davis, W.: “The Bill was given to me, of course, it was init… initially brought to Representative McKeon. I am a cosponsor on this Bill. This is an initiative of the Department of Commerce and Economic Opportunity. Again, designed to promote the steel industry in American steel, also, but particularly here in the State of Illinois where we have some steel mills here in the state.”
“The composition of the board, can you comment on that?” Davis, W.: “Again, the Department of Commerce and Economic Opportunity will have a representative, the Capital Development Board, the Illinois Finance Authority, the Illinois Department of Transportation, the Illinois Toll Highway Authority and then each of the Mem… Leaders of the General Assembly will have the opportunity to appoint a… a Member, as well. Further on in the legislation, it says that the working group may consult with various groups including, but not limited to our state universities, labor organizations, representatives of the Illinois Steel Industry, representatives of…” 09400052.doc 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Just to cut to the chase. Is it… is it the purpose of more to exactly where… where are we going with the steel market?” Davis, W.: “I’m sorry.”
“Is the purpose of this is to just to determine a direction of where we’re going with steel here in the State of Illinois?” Davis, W.: “Well, I’m… I’m sure that’s… that’s a part of the purpose to determine where we’re going with steel here in Illinois but, you know, to take a, I guess, more or less like a market study of the industry, as well, to see how we can better promote Illinois steel and determine where the… I’m sure that’s a part of it will be the… the… determining where the market is for steel and how the steel industry is going and whatever trends may exist but yes, to answer your question, yes.”
“Yeah, to the Amendment. A few years ago when I, believe when I first got in, Keystone Steel… I believe in Representative Mautino’s district had… had… Representative or former Representative Slone had faced some serious cutbacks. And there was some legislation to help deal with their particular situation. Representative Will Davis is absolutely correct. Riverdale and south suburban communities used to be a hub of steel activity here in the State of Illinois and because of the change of in the environment and economic climate, that is no longer a fact. ISG in which he mentioned in his comments, is one of the steel mills that are still there and trying to provide a 09400052.doc 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 economic base in our community. So, any legislation that would help our region in… in… in a historic sense of what used to be to try to help make sure the direction of steel industry here in the State of Illinois is to be commended and… and… would urge adoption of this Amendment. Thank you.” Speaker Lyons, J.: “Any further discussion on Floor Amendment #1 to Senate Bill 1699? Seeing none, the question is… all those in favor vote ‘yes’; all those opposed ‘no’. In the opinion of the Chair is the ‘ayes’ have it. Floor Amendment #1 is adopted to Senate Bill 1699. Anything further on that Bill, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On the Order House Bills- Second Reading. House Bills-Second Reading, page 7 of the Calendar. Is Representative Smith in the cal… in the chamber, I don’t believe I see him. Representative Saviano, on House Bill 3167? Read the Bill, Mr. Clerk.”
"House Bill 3167, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Saviano, has been approved for consideration.” Speaker Lyons, J.: “The Gentleman from Cook, Representative Skip Saviano.”
“Thank you, Mr. Speaker, Members of the House. Floor Amendment #1 and then subsequently when Floor Amendment #2 comes, these are result of negotiations between the State Fire Marshal’s Office, the pyrotechnic industry, the 09400052.doc 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Illinois Fire Service and all concerned groups to make this consumer friendly and a safe Bill in handling fireworks in our state. And I commend everybody. This original version was sent to the Governor last year and he had vetoed it. And we worked on it this year and now we have a good final product. And I ask that Floor Amendment #1 be adopted to House Bill 3167.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #1? Seeing none, the question is, ‘Should Floor Amendment #1 be adopted to House Bill 3167?’ All those in favor signify by saying ‘aye’; those opposed ‘nays’. In the opinion of the Chair is the ‘ayes’ have it. And Floor Amendment #1 is adopted. Anything further, Mr. Clerk? Mr. Clerk?”
"Floor Amendment #2, offered by Representative Saviano, has been approved for consideration.” Speaker Lyons, J.: “The Gentleman from Cook, Representative Saviano on Floor Amendment #2.”
“Thank you, Mr. Speaker. Floor Amendment #2 is a further cleanup Amendment to this Bill which changes some of the terminology to put us in… in sync with the United States Department of Transportation when it comes to transporting these fireworks. I ask that it be adopted.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #2? Seeing none, the question is, ‘Should Floor Amendment #2 be adopted?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the 09400052.doc 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Chair, the ‘ayes’ have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 6 of the Calendar, Representative Patty Bellock has House Bill 3031. Read the Bill, Mr. Clerk. Mr. Clerk, read the Committee Reports.”
Clerk Bolin: "Committee Reports. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 244, Senate Bill 417, and Senate Bill 502; 'do pass as amended Short Debate' Senate Bill 17, Senate Bill 478, Senate Bill 1968, Senate Bill 1977; 'recommends be adopted' Floor Amendment #2 to House Bill 2151. Representative Molaro, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 2082. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 3871; 'do pass as amended Short Debate' Senate Bill 13, Senate Bill 468; 'recommends be adopted' Floor Amendment #6 to House Bill 1038 and Floor Amendment #1 to Senate Bill 1666. Representative Jefferson, 09400052.doc 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Chairperson from the Committee on Elections & Campaign Reform, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 187 and Senate Bill 599. Representative McAuliffe, Chairperson from the Committee on Veterans Affairs, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 286. Representative McCarthy, Chairperson from the Committee on Higher Education, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 364. Representative Daniels, Chairperson from the Committee on Developmental Disabilities and Mental Illness, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #3 to House Bill 3031. Representative Saviano, Chairperson from the Committee on Registration & Regulation, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 201; 'recommends be adopted' Floor Amendment #2 to House Bill 3167. Representative Lang, Chairperson from the Committee on Gaming, to which the following measure/s was/were referred, action taken on 09400052.doc 104 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 May 18, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 1919. Representative May, Chairperson from the Committee on Environmental Health, to which the following measure/s was/were referred, action taken on May 18, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 389.” Speaker Lyons, J.: “Mr. Clerk, read Bill 3030… House Bill 3031 on page 6 of the Calendar. Read the Bill.”
"House Bill 3031, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #3, offered by Representative Bellock, has been approved for consideration.” Speaker Lyons, J.: “The Lady from DuPage, Representative Patty Bellock, on Floor Amendment #3.”
“Thank you very much, Mr. Speaker. This is Floor Amendment 3 to House Bill 3031. And what this Bill requires is that any screening services that are provided under the Children’s Mental Health Act must be voluntary and conducted with parental consent in accordance with the Mental Health and Developmental Disabilities Code.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #3 to House Bill 3031? Seeing none, the question is, ‘Should Floor Amendment… Amendment #3 be adopted to House Bill 3031?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. In the opinion of the Chair, the 09400052.doc 105 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 ‘ayes’ have it. And Floor Amendment #3 is adopted. Anything else, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Mr. Clerk, on page 7 of the Calendar, Representative Smith has House Bill 3687. Read the Bill, Mr. Clerk.”
"House Bill 3687, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #2 has been adopted to the Bill. Floor Amendment #3, offered by Representative Smith, has been approved for consideration.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Fulton, Representative Smith.”
“Thank you, Mr. Speaker. This is simply… actually this Amendment replaces the… Amendment #2. There was an error that we made in adopting Amendment #2 and had bypassed Amendment #1. So, this incorporates all those changes. Technical Amendment. I know of no opposition.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #3? Seeing none, ‘Should Floor Amendment #3 be amended to House Bill 3687?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Mr. Clerk, on page 2 of the Calendar is House Bill 258. Representative Flowers has House Bill 258. Read the Bill, Mr. Clerk.” 09400052.doc 106 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"House Bill 258, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Flowers, has been approved for consideration.” Speaker Lyons, J.: “Representative Flowers on Floor Amendment #2 to House Bill 258. Chair recognizes the Lady from Cook, Representative Flowers.”
“Thank you, Mr. Speaker. House Amendment #2 provides that if a person who gives or donate or bequeaths money or other properties to the Department of Children and Family Services for the benefit of children, provides in writing that the money or property is for a specific purpose then the department can only use the money or the property for that purpose. For example, if a person indicates that that money is only for the child’s education fund, that is the only purpose that that money can be used for. And currently, there is no language in statute that prevents the… the department from using moneys or properties that is specifically dedicated to children for other purposes. And also, it talks… the Amendment goes on to say that all youth that are emancipated the department will be able to give them $15 hundred for the purpose of promoting a transition from the Department of Children and Family Services to some type of independent living without going out on their own with no place to go and no moneys in their pockets. And there’s provisions there as to… they have to take a class before they get the money, so they can be, kind of, prepared as to… to be able to go out on their own to live 09400052.doc 107 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 independently. And the fiscal impact of House Bill 258 before amended… House Amendment #2 was $15.5 million per year but as a result of putting Amendment #2 it brings it down to a mere $750 thousand. So, and it is subject to appropriation. I’ll be more than happy to answer any questions you have in regards to Amendment #2 to House Bill 258.” Speaker Lyons, J.: “Any discussion on Floor Amendment #2 to House Bill 258? Seeing none, ‘Should the… Amendment #2 be adopted to House Bill 258?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #2 is adopted to House Bill 258. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Mr. Clerk, what’s the status of Senate Bill 1354?”
Clerk Bolin: "Senate Bill 1354 is on the Order of Senate Bills-Third Reading.” Speaker Lyons, J.: “On request of the Sponsor, move that Bill back to Second Reading. Mr. Clerk, what’s the status of Senate Bill 1666?”
Clerk Bolin: “Senate Bill 1666 is on the Order of Senate Bills-Third Reading.” Speaker Lyons, J.: “On request of the Sponsor, move that Bill back to Second Reading. Mr. Clerk, on page 4 of the Calendar is House Bill 2002, Representative Dugan. Read the Bill, Mr. Clerk.” 09400052.doc 108 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"House Bill 2002, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #4, offered by Representative Dugan, has been approved for consideration.” Speaker Lyons, J.: “Representative Dugan on Floor Amendment #4.”
“Thank you, Speaker. Yes, Amendment #4 addresses an issue as far as the responsibility and the authority of Regional Superintendents of the State Board of Education for action that can be taken to remove someone possibly from being around the children in the school, if they have been as far as sexual offenses against children. And Amendment #4 addresses that situation.” Speaker Lyons, J.: “Any questions on Floor Amendment #4 to House Bill 2002? Seeing none, the question is, ‘Should Floor Amendment #4 be adopted to House Bill 2002?’ All those in favor signify by saying ‘aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #4 is adopted to House Bill 2002. Any further… any further Amendments?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. The Chair recognizes the Lady from Cook, Representative Davis, for what purpose do you rise?” Davis, M.: “Mr. Speaker, I rise for a point of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.” 09400052.doc 109 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Davis, M.: “A former House Member is visiting the chamber, Mr. Eugene Moore who is currently the Cook County Recorder of Deeds. Say ‘hi’ to Gene.” Speaker Lyons, J.: “Welcome back. Welcome back, Gene Moore. Good to see you. Mr. Clerk, on page 2 of the Calendar is House Bill 476. Read the Bill, Mr. Clerk.”
"House Bill 476, the Bill’s been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Currie, has been approved for consideration.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Barbara Flynn Currie.”
“Thank you, Speaker. I would like to adopt this Amendment and then I would like to hold the Bill on Second Reading. The Amendment reflects substantial work that we’ve done over the last several weeks with representatives of state agencies, the Governor’s Offices, universities, as well. So, the Bill in this form would exempt small purchases from requirements that the Ethics Board be involved, purchases under $10 thousand. It would require the people who are bidding for these opportunities to spend 25 percent of the total value of the award rather than a hundred percent. And it would give people who are determined to give a gift to an university or to a state agency maybe in exchange for getting their name put on the new science building, that those kinds of gift would be exempt from the bidding and other requirements. I would be happy to answer your questions and as I say, I want to 09400052.doc 110 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 continue working on the Bill. I know that the universities have some additional concerns and I believe some of them we can meet.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, as you’re aware, the university community has some concerns about this Bill because if a private donor was to give Eastern Illinois University or the University of Illinois-Chicago $30 million to build a science lab and then wanted that science lab named after their grandfather or their son or daughter or whatever, if that process has to go to CDB, then the chances are very good that the private donor’s gonna say, ‘If I have to go through all that, no, I… I’ll find somebody else to give my $30 million to.’”
“Representative.”
“Yes.”
“Representative, Amendment 2 to House Bill 476 ought to please you, because this Amendment… under this Amendment, those kinds of gifts would not be required to go through bidding procedures before the Ethic Commission.”
“But it’s my understanding that there is no blanket exemption for institutions of higher ed in Floor Amendment #2.” 09400052.doc 111 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“That is correct. And as I said, I want to hold the Bill on Second…”
“Okay.”
“…and continue discussions with them.”
“All right. So, and I’m sorry that I missed that, you said you wanna hold the Bill on Second. Ah… we… I appreciate that. I didn’t hear that, I’m sorry. Thank you.” Speaker Lyons, J.: “Seeing no further questions, all those in favor of adopting Floor Amendment #2 to House Bill 476 signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #2 is adopted to House Bill 476. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “That Bill will be held on Second Reading on the request of the Sponsor. On page 4 of the Calendar, is Senate Bill 1919. Read the Bill, Mr. Clerk. House Bill 1919.”
"House Bill 1919, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Verschoore, has been approved for consideration.” Speaker Lyons, J.: “The Chair recogn… the Chair recognizes the Lady from Cook, Representative Barbara Flynn Currie.”
“Isn’t this Representative Verschoore’s Amendment?” Speaker Lyons, J.: “Correct, Rep… Thank you, Representative. Representative Pat Verschoore on the Amendment.” 09400052.doc 112 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
"Thank you, Mr. Speaker. What the Amendment does is it adds to the Bill, the silver star, the gold star… people and one other one, here. Let me get that out. Bronze star, silver star and gold star to eligible spouses after their husbands… husbands or wives would pass away, to license plates. They were able to… to retain their license plates.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #1 to House Bill 1919? Seeing none, the question is, ‘Should Floor Amendment #1 be adopted?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 to House Bill 1919 is adopted. Any further Amendments, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. The Chair recognizes the Gentleman from Rock Island, Representative Pat Verschoore.”
"Mr… Mr. Speaker, I had the wrong Bill there. I thought you were talking about 1666, 1919 is a… we had a… I thought we passed this Bill last year… like 203 (sic- 2003) where it gave the Gaming Commission the power to move a boat relocated within an area within five miles of its present thing. What this House Amendment presents… permits a riverboat casino currently licensed to operate on the Mississippi River to relocate to another location within or adjacent to the same community within five miles of location in which the riverboat is currently docked. It’s subject to approval by the municipality and the Gaming 09400052.doc 113 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Board’s approval. It’s not an expansion of gambling. It’s just a relocation of it. Thank you. Glad to answer questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, bear with me, I was a substitute in committee today so I… but I’m still not as up to speed on this Bill as I’d like to be. To the best of my memory, former Representative Brunsvold, I thought accomplished this 3 years ago. I… I do remember the debate. I do remember the channel… something about a channel being built, moving the boat a little further inland where it had better highway access. And now I see it’s back. What… what… what happened? I thought this was resolved when Representative Brunsvold…”
"We… we…”
“…sponsored the Bill some time ago.”
"We thought it was too, Representative. But recently, there was a Representative asked for an opinion and a state’s attorney gave the opinion that said that the Gaming Board due to the exact wording could not allow that to happen. So, they changed a few words in the Bill and that makes them happy and we can move… the Attorney General Office had that… had that request.” 09400052.doc 114 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“But I was under the impression Rock Island had already done considerable work to, I don’t think the right word is to expedite, but… but to accommodate this move.”
"They have. They’ve spent about four and a half million dollars so far. And they thought that they were gonna get the permission from the Gaming Board but then three of the members resigned or were taken off of it and the… the Attorney General didn’t feel that the language was such that they could do it. So, that’s the reason for the change.”
“Well, what… let me ask you a… a question. And I… it may not be answerable. Did the Attorney General say anything about the money and the accommodations already done, whether or not you can use that or did she… did she make a ruling that, ‘you did that without permission, you can’t use that’?”
"They…”
“It’s… the reason I’m asking is it seems to me to be very similar to what transpired in Rosemont where construction was done and then all of a sudden somebody said, ‘I don’t care what construction you’ve done, you can’t use that.’”
"Yeah, well, that’s… Like you had said earlier, we thought we had the language in there. They… they had got the preliminary ‘okay’ from the Gaming Board to do the work that they’re doing now but then when it came down to actually issuing the license, the Attorney General issued this opinion. That said that… that they weren’t… they 09400052.doc 115 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 didn’t have the language in there to move it. So, that’s why… that’s why we have this language. She worked with the… the Gaming Board.”
“Has corporation counsel or… or has the community or the casino operator sought any kind of legal opinion that the move can proceed and that the money already spent can, in fact, be utilized to accommodate this?”
"They thought they could but they figured it’d be faster to do it this way than to go through the legal procedures…”
“All right…”
"That’s why…”
“Okay.”
"…that’s why they’re doing it this way.”
“All right. What… what is your intent with the Bill? Are… are you going to move the Bill on Third Reading at this time, I mean, right now?”
"Yeah. I wanna move… I want ‘em to adopt the Amendment and move it to Third, yes.”
“All right. So, you’re…”
"Not run on Third but to move…”
“…gonna move… All right, you’re gonna move the Bill to Third.”
"Right.”
“We’re gonna adopt the Amendment.”
"Yep.”
“Okay. I’ll reserve any other questions until Third Reading, but I appreciate you bringing me up to speed 09400052.doc 116 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 because I thought we’d already done this. Thank you very much.”
"We did… we thought we had, too. Thank you.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Cook, Representative Lang.”
“Thank you, Mr. Speaker. A point of Order. I’m confused where we are. Are we on Second Reading or Third Reading? I’ve heard both.” Speaker Lyons, J.: “Mr. Clerk.”
"Floor Amendment #1 has been adopted to House Bill 1919 and the Bill has been moved to Third Reading. The Bill has not been read for a Third time.”
“So, that’s all I needed to know. Thank you.” Speaker Lyons, J.: “Mr. Clerk, on page 4 of the Calendar is House Bill 1968. Read the Bill, Mr. Clerk.”
"House Bill 1968, the Bill’s been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: “Chair recognizes the Lady from Cook, Representative Barbara Flynn Currie.”
“Thank you, Speaker and Members of the House. I’d ask your indulgence in passing this election shell Bill to our colleagues and comrades in the chamber across the rotunda. I think discussions are ongoing on whether and what changes should be made in state elections law. And I would appreciate your support for my Motion to pass House Bill 1968 which I believe, Mr. Clerk, is on Third Reading. I 09400052.doc 117 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 believe the Chair moved it to Third Reading and we’re now on a…” Speaker Lyons, J.: “Mr. Clerk, move this Bill to Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 1968, a Bill for… correction, House Bill 1968, a Bill for an Act concerning elections. Third Reading of this House Bill.” Speaker Lyons, J.: “Representative Currie.”
“Thank you, Speaker, same explanation, same Bill, same issue. I’d appreciate your support.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. Same Bill, same issues, same questions, will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, I realize that shell Bills are… and unfortunately, it’s a necessary part of the process. But as I’ve said before, I like to have some idea what this shell Bill may be used for and in what form it may come back in the House. Knowing of your experience in this process, can you give me some idea of what you are seeking to accomplish when this Bill comes back from the Senate?”
“I can’t give you any specifics, Representative. I can only say that we’ve seen a fair number of proposed changes in state election law. And I suspect that some of those and other items that have come from, for example the county clerks, would be the subject of further discussion.” 09400052.doc 118 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Well, have… have there been any negotiations with the various parties as to what… what legislation might be in this election Bill?”
“Representative, I can’t speak to who might the participants be, but I’m sure there will be.”
“All right, it wouldn’t be your intent to come back very late in May with a Bill that changes the date of the primary, for example? Just one example.”
“Well, Representative, maybe we…”
“Now, I wouldn’t mind that personally.”
“Representative, let me just say, I would… I would seriously doubt that I would do that. Although, it might be a very good idea.”
“Well, I… I’ve often thought the primary and the general were too far apart, but local election authorities don’t share my enthusiasm for that. It… it’s not your intent to allow Members of the House to have four-year terms, is it?”
“Representative, that is not the intent behind this Bill.”
“Not…”
“I think that would take the conti…”
“Well…”
“That would take actually a Constitutional Amendment and that’s not what House Bill 1968 is.”
“Representative, I have such respect for you that if you sponsored that, I think it would be Constitutional. I… I was gonna vote for it if it might be the four-year term issue. Well, I… I appreciate it. Mr. Speaker, to the 09400052.doc 119 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Bill. Ladies and Gentlemen of the House, shell Bills are a necessary part of doing business. Time always seem to run out. I just want my colleagues on my side of the aisle to know that we… the House Republicans do not have any insight, nobody has shared with our staff or our Leadership what this Bill may be used for. And when I don’t have any idea what a shell Bill will be used for, I… I generally vote ‘no’ unless the Majority Leader or the Speaker has given me a compelling reason to vote ‘yes’. And in this case, they have not. I intend to vote ‘no’.” Speaker Lyons, J.: “Seeing no further discussion, Representative Currie to close.”
“Thank you, Speaker. This is a shell Bill. We’ve done very few of them this season. I would certainly appreciate your ‘yes’ votes.” Speaker Lyons, J.: “The question is, 'Should House Bill 1968 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 Collins. Representative Giles. Mr. Clerk, take the record. On this Bill, there are 61 Members voting 'yes', 55 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on House… on page 4 of the Calendar is House Bill 2048, House Bill 2048. Read the Bill, Mr. Clerk.”
"House Bill 2048, the Bill’s been read a second time, previously. No Committee Amendments. Floor 09400052.doc 120 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Amendment #1, offered by Representative Franks, has been approved for consideration.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from… Representative Franks.”
“Thank you. House Amendment #1… this used to be a shell Bill and we took it over and what it does now is meetings of the board of directors of residential not-for- profit homeowners associations will now also be included, as well as, cooperative not-for-profit corporations. This came to me from a constituent over practices of his homeowner’s association because currently, there are no protections for homeowner’s associations in the statute. This is supported by the realtors. Be glad to answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“On this legislation, was this brought to you by Illinois Bar Association in one of their subcommittees or is this something that you’ve been working on because of…”
“It was brought… it was brought directly to me by a constituent.”
“A constituent.”
“Uh huh.”
“And you’ve checked with the Illinois Bar and Chicago Bar and they’re all in agreement with this legislation?” 09400052.doc 121 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“I hadn’t talked to them but it was up in committee and nobody slipped in except the realtors.”
“So, we’re… we haven’t heard anything that’s negative about it.”
“No, Sir.”
“Okay. Thank you.” Speaker Lyons, J.: “Seeing no further discussion, ‘Should Floor Amendment 1 be adopted?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted to House Bill 2048. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 5 of the Calendar is House Bill 2151. Read the Bill, Mr. Clerk.”
"House Bill 2151, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #2… Floor Amendment #2, offered by Representative Granberg, has been approved for consideration.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Barbara Flynn Currie.”
“Thank you, Speaker and Members of the House. This Amendment would just extend… extend a TIF district in… in the City of Mt. Vernon. My understanding is that Representative Granberg had letters from the appropriate local agencies supporting that decision. So, I would urge support for the Amendment.” Speaker Lyons, J.: “Are there any questions on Floor Amendment #2? Seeing none, the question is ‘Should Floor Amendment 09400052.doc 122 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 #2 to House Bill 2151 be adopted?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #2 is adopted to House Bill 2151. Anything further on the Bill, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. On page 5 of the Calendar is House Bill 2275. Read the Bill, Mr. Clerk.”
"House Bill 2275, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Gordon, has been approved for consideration.” Speaker Lyons, J.: “The Chair recognizes Representative Gordon.”
“Thank you, Mr. Speaker, Ladies and Gentleman. House Bill 2275 amends the State Prompt Payment Act to provide that on January 1 of ’06, the Central Management Services shall create and provide a portal on its website to allow public access to where the contracts are in the process. Within 48 hours of a change being made on one of their contracts, whether it’s the date of receipted in the office, whether the review of adequacy has been commenced or the legal review being commenced, all that will be accessible to small business owners, as well as, the general public in the State of Illinois. The Illinois Chamber brought me this legislation and they are very much in favor of it. And I would ask the Amendment be adopted.” 09400052.doc 123 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Speaker Lyons, J.: “Are there any questions on Floor Amendment #1? Seeing none, the question is, ‘Should Floor Amendment #1 to House Bill 2275 pass?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 to House Bill 2275 is hereby adopted. Anything further, Mr. Clerk?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. The Chair recognizes the Gentleman from Cook, Representative Art Turner.”
“Thank you… Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I just wanted to remind, especially all the ballplayers tonight, that tonight is the night of the annual House/Senate softball game. We’re gonna start the game from… from the beginning to help those old guys out over there. But… we need all the ballplayers to try to be at the park by 5:00. Everybody has directions to get to the park on the blue sheet but all the ballplayers should be there. The game is gonna start promptly at 5:00.” Speaker Lyons, J.: “Thank you, Representative Turner. Mr. Clerk, on the bottom of page 9 is House… is House Bill 1716. Read the Bill, Mr. Clerk.”
"House Bill 1716, a Bill for an Act concerning veterans. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Bureau, Representative Mautino.” 09400052.doc 124 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Thank you and I’d appreciate your support on House Bill 1716. And I’m had… glad to have the opportunity to work with Representative Dugan and some of the other Members who have veterans’ homes in their areas. One of the problems that we’re seeing is unlike hospitals or other areas, a nurse can’t be hired at our five veterans’ homes with license pending. So, this will allow the… the veterans’ homes to go ahead and while the nurses are in process of getting their licenses, bring them on. And it’ll… it’ll help tremendously with making those services available for the veterans and for better filling the staffing requirements at our homes. Ask for an ‘aye’ vote.” Speaker Lyons, J.: “Chair recognizes the Lady from Cook, Representative Rosemary Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, is the Nurses Association still oppose to this?”
“No, actually they are in support of the Bill now.”
“What did you do to make them in support of it?”
“I sat down and met with the nurses and the Amendment that’s put on there has the 6-month period. And with the Amendment, they looked it over and said we’re… we’re no longer in opposition to the Bill. And I appreciate working with them.”
“In Human Service Appropriations, there was some discussion over the veterans’ budget. And because of some 09400052.doc 125 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 firings that were going to happen, the Associated Press asked the director and he responded that they were gonna move more people out into the field to work with veterans and they were gonna fire 25 nurses from different veterans’ homes. Do you know if that happened? And if they fired qualified nurses from the veterans’ homes, are they not going to fill positions with people that aren’t totally certified already?”
“If you… if you wouldn’t mind… Rosemary, if you wouldn’t mind repeating the last part of the question there. It’s… it’s a little loud. I… I apologize.”
“In discussing the budget for veterans’ health care or veterans’ nursing homes in Human Service Appropriations, there was a discussion about hiring and firings. The AP press followed up on that discussion with the director. And the director told her that they were going to put on more frontline people under the same budget and fire 25 nurses. So, when this Bill came before, I think was the department… was it Professional Regulations or Reg & Reg, the… your Bill… it went through that committee…”
“Yeah.”
“I was leery of the Bill because of the fact that they were going… they had stated previously that they were gonna fire 25 nurses and now they’re looking at hiring new people. So, my question to you is, did they fire the old people and are they hiring new people who aren’t fully certified yet for those jobs?” 09400052.doc 126 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“And the answer to that is, no, they did not fire the 25 people. And the problem that we are having and these are nurses who are just awaiting the process of their licensing. They have passed their boards. They passed everything. I currently and I’m sure that Manteno, Anna and the other homes have the same problem is, they currently, take about 6 months to even process these… 5 to 6 months to hire a person once you get approval. So, by the time a nurse has come out, she may put her name on the list there. She ends up working for a hospital. I mean, that’s the reality or some place else because we can’t get clearance to hire the people in. So, this is the problem that we’re trying to address is within their hiring policies. And I… I can’t…”
“Well, Representative…”
“…speak to the AP story but I… what I can say is that it solves a problem that we have that’s… by allowing us to do what the private sector can do.”
“The department moved their legislative liaison laterly to another job and hired a new, what I would consider, political employee for their legislative liaison who was a 70-year-old man. In this discussion and that’s when the AP went to them on this, this additional discussion came up. They did not have a significant increase in their budget. So, my question to you is how are they hiring all these new nurses if they are not replacing current nurses?”
“I miss my days on Appropriations. However…” 09400052.doc 127 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“I’m sure.”
“…with the… with this, we have appropriated head count with the… in the existing budget, we just did not have the authority to hire the nurses with license pending. So, we’re not looking at… at least in my home in LaSalle, we’ve currently been waiting for four months for the approval for three nurses, one VNAC, one CNA that are out there. And it’s… it would help if we could get these people in and allow them to begin work just like a hospital, a doctor’s office, any other health care facility while their license is pending. There’s no appropriation tied, it’s the ability to fill these positions which is currently taking an absurdly… absurd amount of time anyway.”
“And aren’t there no nurses that are already licensed ready for those jobs that you have to go to these new people?”
“In this… in this situation or many of the situations, there may be, but there also may be… we’re fortunate to have a nursing program at our community college where we bring nurses out and one of the best stops for them is to look at coming in… into working at our LaSalle veterans’ facility. And they will be snapped up by hospitals or by other health care facilities who don’t have to wait like we require our people to do.”
“Representative, I have no problem with them hiring additional nurses if that’s what need to do. My problem is if they are firing current people and then rehiring. I certainly would like to support your Bill. And I wanted to 09400052.doc 128 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 get you on record that that is not the case but if it turns out that that is the case, we will come back after it, because that is not a fair thing to do. And since the director was on record as saying that’s what he was doing, that he was firing 25 nurses and hiring field agents and because they already are on record as letting someone… moving someone univers… uni… laterally in a job. And only then because we called it to their attention and then hiring what I would consider to be a political employee, makes me very nervous about this. And I certainly would not want to vote against your veterans’ home. I’ve tried to support their budgets and do what they need to do for the Representatives on the floor and for the veterans that are there and certainly to have adequate nursing care. But I find it very suspect when the director tells the press this.”
“I understand that concern, when I saw that they were looking at using $1.5 million and the 25 nurses… and replacing 25 nurses, that is a completely different issue, though. So, I appreciate your comments and would appreciate your support on the Bill. My intention is to allow better health care for the veterans by allowing us to hire nurses and do what the private sector can do right now. Because the inability to hire them while their license is pending on this 6-month period is costing us young, talented people who we’re losing to the other sector.” 09400052.doc 129 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Does this Bill after it’s passed here have to go to the Senate?”
“Yes.”
“All right. What I’m going to do is I will support your Bill but I’m going to write a letter and I want an answer from the department. If they are firing 25 nurses and they’re now hiring new people from the community on an expedited basis that aren’t totally qualified, because I think there would be a problem with that. And if that’s the case…”
“And I… I will join you in that letter, actually if I thought that was the case.”
“…I will work to have it killed in the Senate.” 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 Mautino, one last time. Will you tell us is the… are the Illinois Nurses Association in support of your Bill?”
“Yes, they are. I had a good meeting with them when we adopted the Amendments which we placed on the other day. And Sue Clark, who’s the head of the Nurses Association, came over and said, ‘we’re now fine with your legislation.’”
“Okay. Are there any other nurses groups that have come to you and said they are in opposition?”
“None.” 09400052.doc 130 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005
“Thank you.” Speaker Lyons, J.: “Chair recognizes the Lady from Kane, Representative Chapa LaVia.”
"Thank you. To the Bill or to the situation. The situation that the Representative’s trying to clear up has to do with a veterans’ home that’s in his area that’s having problems securing nurses. Because federal legislation, state legislation but more federal legislation, they’re unable to accept nurses with certificates pending. So, therefore, they lose the good nurses to other senior citizen homes. And our veterans are not adequately taken care of. They have worries… that was one of their main worries when I met with the director there, being the vice-chair of the Veterans Affairs Committee. And I would hope everybody on this House Floor would support this piece of legislation because it just helps us to insure that our veterans the… the adequate care that they deserve. Thank you very much.” Speaker Lyons, J.: “Representative Mautino to close.”
“Thank you very much and I appreciate the comments of the other speakers. Simply ask for an ‘aye’ vote.” Speaker Lyons, J.: “The question is, 'Should House Bill 1716 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 116 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is 09400052.doc 131 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 hereby declared passed. Mr. Clerk, committee announcements.”
"Committees will meet tomorrow morning at 8:30, 9:00 and 10 a.m. At 8:30, the Fee-For-Service Initiatives Committee will meet in Room 114. At 9:00, Elementary & Secondary Education will meet in Room D-1, State Government Administration in C-1, International Trade & Commerce in Room 122-B. At 10:00, Judiciary II-Criminal Law will meet in C-1 and Revenue Committee will meet in Room 122-B.” Speaker Lyons, J.: “Mr. Clerk, Agreed Resolutions.”
Clerk Bolin: "Agreed Resolutions. House Resolution 434, offered by Speaker Madigan. House Resolution 435, offered by Representative Flider. House Resolution 437, offered by Representative Brosnahan. House Resolution 440, offered by Representative Miller. House Resolution 441, offered by Representative Flowers. House Resolution 442, offered by Representative Granberg. House Resolution 444, offered by Representative Hoffman. House Resolution 445, offered by Representative Granberg. House Resolution 446, offered by Representative Chapa LaVia. House Resolution 447, offered by Representative Fritchey. House Resolution 449, offered by Representative Stephens. House Resolution 450, offered by Representative Howard. House Resolution 451 and 452, offered by Representative Rose. House Resolution 453, offered by Representative Munson. House Resolution 454, offered by Representative Pritchard. And House Resolution 455, offered by Representative Eddy.” 09400052.doc 132 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 52nd Legislative Day 5/18/2005 Speaker Lyons, J.: “Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying ‘aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. The Agreed Resolutions are adopted. Anything further, Mr. Clerk? Allowing perfunctory time for the Clerk, the House stands adjourned until the hour of 11 a.m. tomorrow, Thursday, May 18, 11 a.m. All those in favor of adoption signify by saying ‘yes’; all those opposed say ‘no’. The ‘ayes’ have it and the House stands adjourned ‘til the hour of 11:00 tomorrow, May 18.”
"The House Perfunctory Session will come to order. Introduction of Resolutions. House Resolution 448, offered by Representative Beiser. This Resolution is referred to the House Rules Committee. Introduction and First Reading of House Bills. House Bill 4080, offered by Representative Colvin, a Bill for an Act concerning recycling. First Reading of this House Bill. There being no further business, the House Perfunctory Session will stand adjourned." 09400052.doc 133