“The hour of 9:00 having arrived, the House will be in order. Members will please be in their chairs. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. We’ll be led in prayer today by Pastor Chris Jennette with Calvary Baptist Church in Olney. Pastor Jennette is the guest of Representative Reis.”
“Let us pray. Heavenly Father, I come to You this morning with thanksgiving in my heart for all that You have done for us. You have given us another day to right the wrongs of yesterday and for this opportunity we praise Your holy name. It’s truly an honor to be standing here today in the company of such distinguished guests. I am inadequate to express my gratitude to You. Thank you for the privilege to be an American. Out of the six billion plus who now live in this world, who am I, and who are these who have gathered around me, that we should be blessed to be born in the land of the free and the home of the brave. Help us to not take that for granted. Help these here to preserve the America that was given to them for the next generation of Americans. Help them to support Bills that are honoring to You and doing so will preserve a good America for our children and grandchildren because we know they’re the ones who are at stake. I ask for Your forgiveness in all of our shortcomings. Forgive us for calling good, bad and bad, good. Help these to see with an unfailing eye the good that we should promote today and 09400054.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 help them to discern with the mind of Christ the evil that should be cast down. Father, I ask Your protection on our President, upon our Governor today as they go about their day. Give them guidance as they lean upon You, give them wisdom upon beyond their human capability and be with their families. I pray that Your omnipotent hand will be the shield that protects our men and women in the military. Give them courage and strength to carry out their duties. We thank You for these who have placed themselves in harm’s way to protect our shores. We pray for their families, especially those who have paid the ultimate price. Help these in this Assembly to keep America worth fighting for. Father, I recall the words of a Frenchman, who toured our country years ago, who said, ‘America is great because America good. But if America ever ceases to be good, it will cease to be great.’ Dear God, who set everything in its place, please help these today keep America good so that it can be great. Help them to see that it is You that have placed them here in this place to do Your will. And that one day, they will have to stand before You with every decision they have made here. Father, thank You for the unconditional love that You have proven to us in Your son, Jesus Christ, for his sacrifice we thank You. Thank You that we can call heaven our home. Help those here today that have never trusted in You to place their faith and trust in You, we pray. Lord, be with them as they go about their day, we pray to Christ’s name. Amen.” 09400054.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“And we’ll be lead in the Pledge today by Representative Bost.”
“I pledge of allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
Speaker Hannig: “Roll Call for Attendance. Representative Currie.”
“Thank you, Speaker. Please let the record show that Representatives Davis, Delgado, Feigenholtz and McKeon are all excused today.”
“Representative Bost.”
“Thank you, Mr. Speaker. Let the record reflect that all Republicans are present today.”
“Mr… Mr. Clerk, take the record. There are 113 Members answering the Roll Call, a quorum is present. Mr. Clerk, read the Committee Reports.”
Clerk Mahoney: “Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following mea… legislative measures and/or Joint Action Motions were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'approved for floor consideration' Amendment #2 to House Bill 4053. Representative Hamos, Chairperson from the Committee on Mass Transit, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to House Bill 09400054.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 1663, Floor Amendment #1 to House Bill 2222 and Floor Amendment #1 to House Bill 3121. Representative Molaro, Chairperson from the Committee on Judiciary-Criminal Law, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 2062 and Floor Amendment #1 to House Bill 2065. Representative Fritchey, Chairperson from the Committee on Judiciary-Civil Law, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 3464. Representative Soto, Chairperson from the Committee on Labor, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 2133. Representative Reitz, Chairperson from the Committee on Revenue, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 272; 'do pass as amended Short Debate' House Bill 3602. Representative Delgado, Chairperson from the Committee on Human Services, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to Senate Bill 506 and Floor Amendment #1 to Senate Bill 1863. Representative Saviano, 09400054.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Chairperson from the Committee on Registration & Regulation, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 1842; 'recommends be adopted' Floor Amendment #1 to Senate Bill 538. Representative Colvin, Chairperson from the Committee on Consumer Protection, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 4050. Representative Jefferson, Chairperson from the Committee on Elections & Campaign Reform, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 2930. Representative Bradley, Chairperson from the Committee on Personnel & Pensions, which the following measure/s was/were referred, action taken on May 19, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 1693. Representative Franks, Chairperson from the Committee on State Government Administration, which the following measure/s was/were referred, action taken on May 20, 2005, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 518.”
“Representative Gordon, for what reason do you rise?” 09400054.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Point of personal privilege, Mr. Speaker.”
“State your point.”
“Ladies and Gentlemen of the House, some of you may remember a few months ago, there was a human interest story that made the front page of the Chicago Tribune about a woman by the name of Kay Halterman, who lived in Ottawa, Illinois, and has been running a hair salon there for over 60 years. She actually opened this hair salon on her 18th birthday in 1944. In response to that, Representative Mautino and I filed House Resolution 239 and presented Ms. Halterman with this Resolution. So, while she thanked me and… and… I met this wonderful, amazing woman who has truly been a part of history and may even have been one of the first businesswomen in our country. She, also, asked me to formally thank the entire Illinois General Assembly. And she said, ‘Thank you. This is to formally thank you for your recent honor thanking me for my salon’s 60th anniversary in the beauty business. I am so flattered.’ She said she felt really special when I visited her salon and she is just so very thankful that she can still be of service to her patrons. ‘God has blessed me so very much. Thank you so very much. Most sincerely, Kay Halterman.’ Ladies and Gentlemen, very rarely do we hear thank you for some of the things that we do and for some of the small things. I wanted to share this with this Body. And also to ask you, if you ever are in Ottawa, Illinois, and you need a hair cut, Ladies or Gentlemen, go to Kay’s of 09400054.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Ottawa. She’s at 423 Taylor Street and she would be happy to serve you. Thank you very much.”
“Okay. We’re going to begin the morning on page 9 of the Calendar, on the Order of House Bills-Third Reading. So, the first… the first… the first item is House Bill 1038, Representative Flider. Does the Gentleman wish this Bill to be read? Representative Yarbrough, on House Bill 630… 1632. Mr. Clerk, read the Bill.”
“House Bill 1632, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“Representative Yarbrough.”
“Thank you, Mr. Speaker, Members of the House. House Bill 1632 provides that identification documents of persons committed to the Department of Corrections shall be forwarded by a county sheriff in possession of those documents to the Department of Corrections. This seeks to address the problem of incarcerated persons’ documents not following them when they move between many facilities. The Amendment applies to… or the Bill applies to driver’s licenses, state-issued ID cards, Social Security cards, and other government-issued identification documents. This is the initiative of the Secretary of State’s Office. And I’d be happy to answer any questions.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, 09400054.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bradley, shall we read Senate… House Bill 1731? Mr. Clerk, read the Bill.”
“House Bill 1731, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“Repre… Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker. This is a Bill that would extend the TIF district in my hometown of Marion. It’s a result of a request by the Mayor of the city of Marion to do so. And I would appreciate an ‘aye’ vote.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Dugan, shall we read House Bill 2002? Mr. Clerk, read the Bill.”
“House Bill 2002, a Bill for an Act concerning education. Third Reading of this House Bill.”
“Representative Dugan.”
“Thank you, Speaker, Ladies and Gentlemen. This House Bill 2002… the purpose of this legislation is to further confirm that a regional superintendent or state school 09400054.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 superintendent does have the ability to suspend a teaching or administrative certificate upon knowledge of a present or past violation, including those of a sexual nature, even if the violation was pled down to a lesser charge. The reason for this legislation is to make it… the current law crystal clear. So that in the future we will not have what we had in my district and some other districts, where local officials have a misconception of the way the law reads. And when someone is convicted of a sexual offense against a child, they should not be allowed to continue to stay in the school. There seems to have been some confusion as to whether or not local authorities did have the authority, we know the law says they do and we want to make sure it’s crystal clear. So, that’s what this law… my Bill does. It does not change the law as currently written. All it does is clarify what we already know they have the authority to do, but unfortunately some are not aware of that. This clarifies that for them. And I’ll answer any questions.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black.”
“Good morning, Mr. Speaker.”
“Good morning, Representative Black.”
“It’s always a pleasure to see you. Will the Sponsor yield?”
“She indicates she’ll yield.” 09400054.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Thank you. Representative, you had filed several Amendments to this Bill. Is Amendment… How many Amendments are still on the Bill?”
“This is Amendment #4. The other three Amendments I withdrew.”
“So, Amendment #4 becomes the Bill?”
“Correct.”
“All right. And Amendment #4 says that a regional superintendent of schools can suspend a certificate, as well as, the state superintendent. Of course, the state superintendent would need the permission of the Governor, would he not?”
“Correct. But that’s not what the Amendment says…”
“Oh, what does it say?”
“…Representative, that’s… that’s what the law already is in effect…”
“Oh.”
“…that’s already in… in statute.”
“So, you… you’re just adding the regional superintendent of schools to the list of people that can suspend the certificate?”
“No, Representative. The law already allows the regional superintendent to do that, the way it’s written already. All… all my legislation is doing is clarifying what is meant by ‘unprofessional condac… conduct’ or ‘immoral behavior’. Because there seems to be some question as to whether or not a sexual offense against a child, even if it was pleaded down, is not something that 09400054.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 the regional superintendent can remove or suspend pending a hearing.”
“What do… what due process provisions exist under Floor Amendment #4?”
“The same that exist in the reg… in the statue now, which says that there is a hearing, a hearing has to be held. I’m not removing the fact that a hearing is to be held. The state statute already requires that a hearing be held. The question is… is at times, if the local authorities believe in the best interest of the children and the safety of the children, that they can remove that particular person from their activities in the school until the hearing is held. I’m not changing that at all. I’m just clarifying they can remove someone from their position ‘til a hearing is held. But the hearing is already in the state statute and I haven’t changed that.”
“So, if I hear what you’re telling me, if a teacher is arrested for an alleged offense… sex offense that teacher can be suspended?”
“That… that is, again, and that’s what the law already says. My law doesn’t say that they ‘must be’. What my legislation does is just confirm what’s already in the law that they ‘may’ be suspended at the discretion of the local authorities, the regional superintendent or the state superintendent, if they feel the children are in danger. But they is something that they have already had the right to do.” 09400054.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Representative, I don’t… I don’t understand this. If… if everything you’re telling me is already in the law, then why do you need this Bill as amended by Floor Amendment #4?”
“Because local authorities in my district felt that they didn’t have the authority, even though, the state statute very clearly says they do. The State Board of Education says they do. But, unfortunately, local authority after looking at the state statute misconstrued what they thought the state statute said. So, they left in place someone who was convicted of a sexual offense against a child. Why that was done? I… I agree with you, Representative, I was completely confused, also, because the law did give them the right. Unfortunately, local authorities misread the law.”
“But what makes you think their going to read the law anymore correctly now? If it’s the law, why are you adding a Bill that’s already law?”
“What I’m doing is, I’m clarifying the wording of the law so there is absolutely no doubt that local authorities have the right and have the authority to suspend or to remove someone from a school setting with children, if they have been convicted or if there is evidence of immoral, unprofessional conduct, which we believe sexual offenses are considered.”
“Upon this suspension… upon arrest, not conviction, is the person suspended without pay?” 09400054.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Representative, that’s decided on a local level and I believe now… in past practices, I believe it has been done both ways. But my legislation doesn’t address, that they’ve done that before and I believe, at times, it’s been done with pay. That’s a decision made locally.”
“Representative Black, your time has expired. Could you bring your remarks to a close? Or perhaps Representative Parke could extend you 5 minutes.”
“Yeah, I would… I would appreciate that.”
“Would you like that?”
“I… I still have several questions.”
“Okay. So, we’ll remove the Bill from Short Debate.”
“All right, fine. Thank you.”
“And we’ll… and we’ll give Representative Black 5 minutes from Representative Parke.”
“Okay. Representative, I’m still having a hard time understanding this. You’re… you’re adding clarifying language to existing law. What adjectives or verbs or adverbs are you adding to make the law crystal clear?”
“Unprofessional conduct is the refusal to… okay, is a failure to reveal a previous convictions and arrests for sexual offenses.”
“If I…”
“We believe that to be unprofessional conduct.”
“…if I fail to provide information on a previous arrest, where I was found innocent of any charge, what… why do you want to suspend my license because I didn’t tell somebody 09400054.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 that I was arrested in 1865 but was never convicted, never even went to trial. The charges were dropped. You’re gonna suspend my license for refusing to tell somebody I was arrested but the charges were dropped? There were… there was no trial. I was never put on trial. I mean, my God, you could suspend everybody’s license in the state. We’ve all been arrested at one time for something or other; speeding, jaywalking, spitting on the sidewalk. But there was no trial, there was no conviction.”
“With all due respect, Representative, I’m not saying that they will suspend your license. What I’m saying is if you have activity of a sexual nature, and you have not felt that you needed to do that and explain. See, the legislation also spells out that it is talked about or that it is revealed, relevant information is revealed and how that matter was resolved. I… I want to remind the Ladies and Gentlemen on the floor, last year as a General Assembly we found out that the State of Illinois did not require schools to do fingerprinting of employees that they hired at the school. We realized that what that did is that put some school districts in harm’s way by not being made aware of previous actions by people that were put into our school and sex offenders, it was found, were in our schools. So, we made legislation now requiring fingerprint checks so that we can be 100 percent sure. So, as of right now, people that are hired in our schools we will know if they’ve been arrested and we will also know whether or not it was dismissed. Just like my legislation specifically 09400054.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 states, they have the opportunity to explain what happened with the particular charge and if it is found that is was dismissed then there is no issue. But the problem we’re having right now is the fact previous things, people are not even talking. The was a conviction in the case, in my local district, there was a conviction, it was not known because it didn’t have to be told to the school board or to… until parents brought it to the attention of the local school district. At that time, they went to the school board, they went to the regional superintendent, they went to the State Board of Education and it was known that this particular school administrator was a convicted sex offender and they did not remove them because they said it was a pervious arrest and a previous conviction and there was nothing they could do according to state statute. That is untrue. And if what I felt needed to be done then was to clarify that it is the responsibility of every school and of this General Assembly and any adult to protect the children when they know that there is a chance that they are in harm’s way. And that’s all this legislation does is make sure there is never a question again, when reading the state statute that if someone is convicted of a sexual offense, actions should be taken. I am not saying they need to suspend, I’m saying it gives them and they have the authority to review and decide what action needs to be taken.”
“Mr. Speaker.”
“Yes.” 09400054.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“I understood about half of that answer, but I can tell ya one thing, it took 3 minutes.”
“She doesn’t have enough time to repeat it, Representative.”
“I know. I don’t have any… I don’t have more time to ask any questions. That… I mean, that’s ridiculous. You know, she… she references a law about fingerprinting, that came from my district.”
“Correct.”
“It was the Rossville-Alvin School District and they fought that. We went through the courts and they won their battle and that’s why that law was passed. And I, also, know that this issue came up in her campaign and was used against a good friend of mine. And impugned the integrity and credibility of a very good superintendent of… of schools… a regional superintendent. Now, she wants to go back and correct some of the errors and criticism she made of a decent and good human being. Boy, what a deal.”
“Speaker, can I…”
Speaker Hannig: “No. No. Your time has expired. Representative Sacia.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Thank you. Lisa, pardon me, I… I had a phone call and I was interrupted and this may have been answered. So, if you would indulge me. The way I understand your legislation says, if a administrator or teacher is arrested or I… I believe, the word I saw in there, on suspicion of. 09400054.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 My concern is, if we had a situation where we had a high school student, a young female who for whatever reason wanted to get even with a teacher, made an allegation. Let’s say that it’s totally frivolous. Does your legislation deal with that in any way?”
“This legislation deals with past behavior of people that may be in our school districts now.”
“And if I understood what the previous speaker was saying, previous, or pardon me, existing law already does address this. Is that correct?”
“Somewhat, yes, I guess it’s just not clear enough, Representative. So, I’m clearing it up.”
“Again, I do apologize with the interruption of that phone call, I was trying to take it all in. But if we have existing law, I didn’t understand your answer as to why we need to create further legislation.”
“Because it’s been interpreted differently and has left sex offenders in our schools.”
“You’re saying that we have sex offenders in our schools?”
“Yes, Representative, we do.”
“That shocks me, Representative Dugan, I did not know we had sex offenders working in our schools. There are… You’re telling me that right now we have convicted sex offenders working in our schools, either in administration or as teachers, convicted sex offenders.”
“Yes, it’s certainly possible, Representative. We’re trying to insure that it doesn’t happen.” 09400054.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“And that’s what your legislation does?”
“Correct.”
“Thank you.”
“Okay, we’ve had Representative Black, Parke, and Sacia speak in response. Does anyone wish to rise in support? Representative Rose, in support.”
“Testing… Ladies and Gentlemen, I’m in support of the… the Lady’s Bill and… and let me tell you why. There is a… a difference between civil procedures and criminal procedures. And from a criminal procedure standpoint, yes, you have to be convicted of a crime, but that shouldn’t stop a school board from looking into somebody’s record in history. And here is the situation I give you. Somebody is arrested, charged with some sort of criminal sexual assault. Ultimately, they plead guilty to say, a Class IV battery. Well, that would be a felony, they’d be out. But what if they plead guilty to a Class A misdemeanor battery, not sexual assault, not any sort of sexual battery, but a Class A misdemeanor battery. Well, that conviction wouldn’t be on their record and… and as I understand current law, would not be able to do anything about that and that teacher might come in to the system. I think the Lady’s asking us to empower school boards to do their job. To stand up and say, ‘Well, who are you and why should we trust you with our children?’ All we’re asking for is the ability to look into these things, it’s the school board’s decision. It will ultimately be their decision. If in fact, it’s no big deal, then fine. No big 09400054.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 deal. Well, why shouldn’t we let the school boards make that decision for themselves? I’m in strong support of that Bill… of this Bill and I would ask that we send a technician over to help me fix my microphone.”
“Thank you, Representative Rose. We’ll… we’ll get that worked on. Okay so, now one… one has spoken in favor and three in response. Does anyone else wish to speak in favor? Representative Pit… Pritchard, are you in favor? Rep… Mitchell. Okay, then Representative Dugan is recognized to close.”
“Again, I just wanna clarify. The only thing this legislation does is clarify what the law already says because of misinterpretation of the law, a sex offender was allowed to be in a school and be in charge of children. I believe that we need to make sure we protect our children and take all the steps necessary. I would appreciate an ‘aye’ vote.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost, do you wish to be recorded? Rep… Okay. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Pritchard, for what reason do you rise?”
“Point of personnel privilege, Mr. Speaker.”
“State… state your point.” 09400054.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“I have up in the balcony today, 16 8th graders from Creston, where the teachers are all honorable teachers, that are not sex offenders and admit that to us. But I would ask the House to welcome these 8th graders and encourage them to continue their studies.”
“Returning to page 9 in the Calendar, we have House Bill 1038. Mr. Clerk, read the Bill.”
“House Bill 1038, a Bill for an Act concerning open meetings. Third Reading of this House Bill.”
“Representative Flider.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1038 is legislation that modernizes the… and updates the Open Meetings Act as a result of technological changes. It provides for standards for which public bodies must operate. What the legislation does, specifically, is it expands the definition of a meeting to include the presence, whether by telephone calls, video, audio conference, or electronic means as an acceptable gathering and a majority of a quorum of members of a public body. This specifies that a quorum of members of a public body must be physically present at an open meeting. So, what happens is that at an open meeting, as long as a quorum is physical present, others can attend through telecommunications or other means. And this legislation sets forth the guidelines by which they may attend. And the local or the governing body may further specify its own rules. And the legislation also changes a quorum requirement for the Pollution Control Board from four to 09400054.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 three. And the reason for that is several years ago the size of the pollution control board was changed from seven to five members. However, the quorum requirement remained at four. So, this change is consistent with other bodies throughout Illinois. I would certainly appreciate your support of this legislation.”
“This Bill is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, you wish to be recorded? Representative Millner. Representative Meyer. Representative Watson. Do you Gentlemen wish to be recorded? Okay. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills- Second Reading, on page 2 of the Calendar is House Bill 1663. Mr. Clerk, read the Bill.”
“House Bill 1663 has been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Hamos, has been approved for consideration.”
“Representative Hamos.”
“Thank you, Speaker, Ladies and Gentlemen. This is a Bill that will provide for a comprehensive restructuring of the paratransit program in the RTA region, the northeastern 09400054.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Illinois region, for disabled people. It provides that the RTA is responsible for funding fiscal oversight beginning on July 1. It provides that beginning July 1, 2006, PACE will operate the paratransit program for disabled people for the entire region. And in between that period, there will be a comprehensive planning process. I know we’ll be discussing this on Third Reading. I seek your ‘aye’ vote.”
“Okay, the Lady moves for the adoption of Floor Amendment #2. And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, how much money is this supposed to save the RTA?”
“Well, I don’t… I wish that I could tell you that there is going to be a savings in the RTA. What is going to happen, however, is that there will be for the first time since the Americans for Disabilities Act came about, there will be a real look at cost efficiencies in this system. This system has been growing by leaps and bounds. Just to give you an example, just… CTA and PACE are the two providers. Just in the last 2 years, the costs for CTA has gone from 42 million to 52 million. There are a lot of disabled people who use this important service. There will be a real look now at how we can achieve savings, in part by doing it as a regional system. So, the goal here is to make it a responsibility for the RTA and hopefully, the leaders will be also inclined to put some state dollars 09400054.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 into it. And hopefully, we’re also going to make some of those rides Medicaid eligible to make federal dollars part of the program.”
“So, the service will not change. It will maybe be enhanced. Right?”
“Our hope is that the… the service will be enhanced. We specifically state in the Bill that there will be no interruptions in service and for the disabled community it should be an invisible transition. But we hope that there will be efficiencies gained when it becomes a regional program.”
“How much do you estimate it’ll save the Chicago Transit Authority, if they remove the paratransit services from… What do you think it is going to save them?”
“Well, I think that that really depends on the appropriations process that will complement this…”
“Guess. Approximately.”
“…and that something… Well, I… I cannot say that, Representative Parke.”
“Our staff says it is approximately $35 million it saves the CTA. Is that money then gonna be spread out to… to the other lines, like METRA and PACE?”
“Representative Parke, I’m not sure where your staff came up with that number. There’s only savings in this, if the appropriators, if the budgeteers come up with some state dollars and if we can draw down some federal dollars. Those, indeed, then would be savings in this program. Please remember that as one of our colleagues said 09400054.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 yesterday, there is nothing discretionary about this program. This was a mandate by the Federal Government with the Americans for Disabilities Act in 1990 and during these last 15 years the state has not put any dollars into it. Whatever those dollars are, I can’t predict today, but that would be the savings for the program.”
“Well, I think that the underlying idea has merit, but I see this as an additional shift of expenses from the CTA to the rest of the system. And again, it’s another way of Chicago being able to spread their expenses out to the rest of the state, who ultimately have to fund the RTA. So, it’s just another example of something to help the City of Chicago, in my opinion.”
“Any further discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. On page 4 of the Calendar is House Bill 2062. Mr. Clerk, read the Bill.”
“House Bill 2062 has been read a second time, previously. No Committee Amendments. Floor Amendment #1 has been approved for consideration.”
“Representative Brosnahan.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 to House Bill 2062 becomes the Bill. This is an Amendment that I worked on with the Attorney General’s Office. This tries to address the 09400054.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 historic problem that Illinois has had dealing with felons and sexual offenders in nursing homes. This Amendment does a number of things. First thing it does, it requires the Illinois Department of Public Health to promulgate rules within 30 days of the effective date in this legislation that directs the provision of services to violent offenders including sex offenders. These rules must require a mechanism for identification, risk assessment, care planning, treatment of, and discharge planning for such offenders. The Amendment also prohibits a licensed facility from excepting a sex offender or offender on parole, probation, or court ordered supervision unless the facility has complied with the requirements of the administrative rule required to be promulgated by the Department of Public Health. It also requires licensed facilities to provide written notification to residents or their guardians of the facility if sex offenders or offenders on parole, probation, or court ordered supervision are residents. This also allows law enforcement… to enter the facility to make sure that the sex offenders or persons on probation or parole are in compliance with the requirements of their sentence. And lastly, it requires the Illinois Department of Corrections to provide critical information to the licensing agency, whether that’s the Department of Public Health or Department of Public Aid. If the parolee becomes a resident of the licensed facility during the term of his or her parole, IDOC is also required to provide written 09400054.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 notification to the licensing state agency, as well to the chief and sheriff of the municipality in which the licensed facility is located that the parolee is a resident. We are working on some meetings that we’re holding with the Department of Public Aid and AARP. Those meetings will continue and there may be some technical changes that we do in the Senate. But right now, I… I’m not aware of any opposition to the Amendment. Be happy to answer any questions.”
“The Gentleman moves for… for the adoption of Floor Amendment #1. And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, I mean, the subject matter certainly is commendable. But, ya know, it seemed like you were reading it rote. Give me an example of how this is gonna help our seniors in the nursing homes. What evil are we going to solve by putting this out? I mean, I don’t have a problem with it, but I didn’t understand what we’re solving here.”
“Sure. Well, I can tell you one of the driving forces behind this legislation was a nursing home in my district, Emerald Park Nursing Home. There have been so many problems at that facility over the years. Just to give you an example, they had ten sex offenders that were staying at this facility. Out of the ten…”
“Were they patients or employees?”
“They were residents. They were patients…” 09400054.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Patients. Okay.”
“…of the nursing home.”
“All right.”
“Out of these ten sex offenders, two of them were not registered. The other eight, the nursing home administrators didn’t know if some were registered sex offenders, some weren’t. So, that was obviously a big problem. Some of the staff at the nursing home would take residents of the nursing home on walks through the neighborhoods. These residents, some of them were registered sex offenders. They were being taken to local parks. They were taken to nearby schools, which is against the law. So, the… the administration of the nursing homes had no idea, one way or another.”
“I understand. Thank you.”
“Representative Lindner.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Yes. Representative, did you find out the answer to my question yesterday in committee? Is there any other housing that has to notify the residents that there is a sex offender living there? In public housing or any place?”
“I… I think the answer is ‘no’. I… I think if… if the question was… I… I think if a sex offender or a convicted felon is gonna go into public housing, I think maybe the public housing agency is notified. But I tho… I 09400054.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 think your question was, do the individual residents get notification? And I believe the answer to that is ‘no’.”
“All right. And in this case, in the nursing home, I mean, how are you going to give the residents notice? Will they just be sent a letter saying that somebody in Room D-1 is a sex offender?”
“Accor… according to the Amendment, they have to be given written notification. And that can be either given to the resident or if they have a guardian, it would be given to the guardian. And the reason, I think, that this is different than… than other situations, whether it’s public housing or something else, is that nursing home residents, a lot of them… they don’t have access to the Internet. They just… they just can’t get on the Internet to find out who’s a sex offender and who’s not. Sometimes they don’t have the ability to go up to the local police department to look at the registry to find out who’s a sex offender and who’s not. Those people that live in, you know, public housing they have access to Internet sometimes. They can walk up to a police department and see the registry. So, that’s why I think there’s a difference and that’s why I… I think it should apply to nursing homes.”
“Thank you.”
“We’ve had now, two speak in response. Does anyone wish to speak in favor? Representative Daniels, do you wish to speak in favor of the Amendment?”
“I’m not sure, I have some questions of the Sponsor.” 09400054.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“We’ll… we’ll allow that, proceed.”
“First, let me commend the Sponsor for addressing this very important issue. But to Representative Brosnahan, tell me about your definition of ‘nursing home’. Does it include CILAs and ICFDDs?”
“I believe it does not. I… I can double check on that, but I… I don’t think it does.”
“Well, let me just point out a potential problem.”
“Okay.”
“I had a CILA operator from Southern Illinois come to see me from Representative Bost’s District. Who claimed that DOC had called them and asked them to take a placement of a sexual violent individual. And they were concerned about turning the Department of Corrections down because it could cause problems of referral in the future. Obviously, this presented a concern. In fact, they did turn them down, by the way. But I think, that as you address this issue where I believe you are looking at a very critical problem and appropriately looking at that, you might want to include ICFDDs, CILAs, and expand your definition. And I would only ask that you would consider that prior to moving forward with the Bill. Not… not to delay it, but…”
“I… I will certainly look into that. And as I stated, I think there may be some technical Amendments that we’re going to have to address over in the Senate. So, we’ll address those in the Senate and if we can change the Bill to make it even better, we’ll… we’ll certainly try to 09400054.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 do that. So, it is going to come back here, one way or another, probably for a concurrence?”
“Well, knowing your good work in the area, I believe that you will address it. So, thank you very much.”
“Thank you.”
“So, on this Amendment we’ll take one more speaker and then we will go to the vote. And Representative Meyer is recognized as the final speaker.”
“Thank you, Mr. Speaker. Would the Sponsor yield?”
“He indicates, he’ll yield.”
“Representative, I too, think you have a good Bill but I do have a question about notification of the nursing home residents. At the point that the sex offender is moving into the nursing home, my understanding is that your Bill would provide for notification of the residents that that person was going there to live. …That’s correct?”
“I… I’m sorry. I couldn’t hear the last part of your question.”
“I said my understanding of your… of your Amendment is that at the point a registered sex offender would be going to a nursing home, those residents already residing in the nursing home would be advised that that person was going there to live. Is that correct?”
“I think the legislation says within three days. Hopefully, it would be before…”
“Okay.”
“…they’re placed there but it would have to be within three days.” 09400054.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Well, that’s reasonable time. My… my concern is because of… of the people who are living in a nursing homes, quite often, they’re very ill. They pass on relatively quickly and new residents come in. At the point when a new resident comes in, would that new residents also be advised that there is a registered sex offender living in that home?”
“The intent of the legislation would be ‘yes’.”
“Be ‘yes’, okay. That was my concern and thank you very much.”
Speaker Hannig: “The question is, ‘Shall the Amendment be adopted?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Representative Hamos, for what reason do you rise?”
“Thank you, Mr. Speaker, on a point of personal privilege. Ladies and Gentlemen, I’d like to introduce the 8th grade class from St. Athanasius School in Evanston. Will you give them a warm welcome.”
“On page 4 of the Calendar is House Bill 2065. Mr. Clerk, read the Bill.”
“House Bill 2065 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Mendoza, has been approved for consideration.”
“Representative Mendoza, on the Amendment.” 09400054.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“I’m sorry, hold on. Okay. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #1 which we are discussing now prohibits hunting over the Internet. I’m not sure if many of you are familiar with this. Basically, what this does is that prohibits a person from operating, from providing, selling, using, or offering to operate, provide, sell, or use any computer software service that allows a person who’s not physically present at a hunt site to remotely control a weapon that could be used to take wildlife by remote operation, including but not limited to weapons or devices set up to fire through the use of the Internet through a remote control device. Basically, it’s… it’s a real simple concept. We set up a… you hop onto the Internet. You join a website where you will be directed to a live video feed of a field where there is a sh… a shotgun that is directed at a specific area of grass. You are looking at a live video scene and a target site on the video. If and when an animal were to enter that specific target site, you with the click of a mouse could shoot the animal, kill it, maybe just wound it, whatever that may be. And so technically, you legitimately killed a living animal through a simple click of a mouse. It completely goes against what I think normal hunters and legitimate hunters, the spirit of hunting and the sportsmanship of hunting. It creates a situation that, I mean, most of the hunting community is against. Certainly, it’s not sportsmanlike and makes no sense that I, here is Springfield with the click of my mouse and no training as a 09400054.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 hunter could kill an animal, you know, in Texas. So, basically, in Illinois we’re just trying to make a statement that we don’t believe in this type of a… of… I would say antisport. And would like to prohibit it from happening before it does. Other states are already moving in this direction. Texas has outlawed this. It’s a serious problem over there, that it carries with it serious penalties. Minnesota just passed this last week. Virginia, I believe, has this as well, and we’re looking to do it in Illinois. Just to make a statement. I would even believe that at some point the fed… Federal Government is looking, I know, at this issue as we speak. But we’d like to make a statement in Illinois that we don’t believe in this and we’d just ask for approval of the Amendment. I have spoken with Representative Lindner and agreed to make, perhaps, an additional change on what the penalty phase of this would be. So, I’d keep it on second, if we do adopt the Amendment today. So, we can come back and add the Amendment on penalties at a future date.”
Speaker Hannig: “And on, excuse me, and on the Amendment, Representative Bost is recognized.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative, have… have you actually seen these sites and how many are there? And, I mean, I’m in support of your Bill. I’m just trying to figure out…”
“I’ve seen the video site itself. And the reason I even came up with this idea is because of interaction with 09400054.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 a different colleague of mine who passed this legislation in Minnesota. He called me and said, ‘You know, you really got to look at this issue because obviously, spor… hunting is a big issue here in Illinois.’”
“So…”
“And it’s just a sick thing to even look, I mean…”
“So, what states are they based in? Or do… do you…”
“Well, Texas is where the majority of them are going on. It’s such a problem out there that their penalty phase is way stricter than what we are looking to do here as… as a statement in Illinois. In Texas it carries a penalty of up to 5 years in jail. I mean, over there it’s an obvious problem. They’re concerns are also with public safety that you’re looking at a simple site where a human being could potentially walk through that site and somebody could shoot a human. I mean, it make no sense. It’s something where we don’t even wanna begin to consider here in Illinois, I think.”
“Okay. All right, well, I don’t think we should be able to click a mouse and kill a bear. So…”
“Thanks.”
“Representative Reitz.”
“Thank you, Mr. Speaker. To… to the Bill. I’ve… I’ve spoken with Representative Mendoza on that. And this… this legislation or this movement is… comes also out of the National Assembly of Sportsmen Caucus, which we formed last year. And… proud to service on the executive committee of… of that board. This just gives a black eye to all 09400054.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 sportsmen when they use these Internet sites for that. As said, a number of states are moving forward with… with legislation directed at that and I… and I appreciate the… the Sponsor bringing this to us. And I think it’s a good Bill. Thank you.”
Speaker Hannig: “All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Now, did you indicate, Representative, that you wanted to hold this on Second?”
“We’d like to hold it on Second. Thank you.”
“So, this will remain on the Order of Second Reading. Representative Watson, for what reason do you rise?”
“Thank you, Mr. Speaker. Point of personal privilege.”
“State your point.”
“I would like the Body to welcome the 8th grade car… career class from West Pike School in Kinderhook.”
“Mr. Clerk, read House Bill 2133.”
“House Bill 2133, has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative May, has been approved for consideration.”
“Representative May.”
“Yes, Mr. Speaker. This Amendment was approved in committee yesterday and… you know what, wrong file. One second. Yes, the Amendment becomes the Bill. It amends 09400054.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 the Unemployment Insurance Act to expressly permit households who file unemployment insurance taxes in associated reports annually, with respect to their household workers. These workers are nannies, babysitters and health aids. And the legislation doesn’t have any effect on the type of workers that have to report and pay taxes. It just simplifies the process for those who have to fi… file these reports and pay those taxes. And there is no opposition.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read House Bill 2222.”
“House Bill 2222 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Hoffman, has been approved for consideration.”
“Okay. Let’s take that out of… out of the record for the moment. On page 5 of the Calendar is House Bill 3121. Mr. Clerk, read the Bill.”
“House Bill 3121 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Bassi, has been approved for consideration.”
“Representative Bassi.” 09400054.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Thank you, Mr. Chairman. The Amendment, which has already been read in committee, is a Bill call… that it calls for streamlining and consolidating the Northeastern Illinois Planning Commission, which is NIPC, and the Chicago Area Transportation Study Policy Committee, which is known as CATS. And what we are going to be doing is to provide for the most effective public and private investments in the northeastern Illinois region and to better integrate plans for land use and transportation. It’s the intent of this legislation to consolidate through an orderly transition period of 36 months the functions of these two… these two commissions in order to address the development and transportation challenges that we have in the northeastern Illinois region. It establishes the Regional Planning Board, known as the RPB, as a municipal corporation with 15 voting members. Concurrence of four-fifths of the board members in office will be needed for board action. It protects local control. It also makes sure that the MPO, or Metropolitan Planning Organization, is also protected as the federal transportation planning requirements are in place. And it will initially provide for the merger of the two organizations into one place and they will becoming back to the General Assembly with their plan for the transition by September of ’06. And I would request adoption of the Amendment.” 09400054.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #1. And on that question, Representative Bellock is recognized.”
“Thank you very much, Mr. Speaker. I just wanted to speak to the Amendment and to say thank you to Representative Bassi for all her hard work on this. NIPC and CATS are both outstanding organizations but I think together that this combination will make a much more efficient regional planning agency. And I think it’s a great Amendment. Thank you.”
Speaker Hannig: “All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read House Bill 2930.”
“House Bill 2930 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Tryon, has been approved for consideration.”
“Thank you, Mr. Speaker. I would like to move this Amendment for adoption. Is that what I wanna do?”
“That’s what you wanna do.”
“Thank you.”
“Maybe you’d wanna briefly explain it. You wanna give us a brief explanation, Representative.”
“Okay. Basically, this is a… this… this Amendment will provide some cleanup language in… in the Municipal Code… in 09400054.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 the Municipal Code… specifically how it applies to appointing vacancies in the village president’s spot. What’s been happening in Illinois in several cities, when the mayor resigns or the village president resigns or there’s a vacancy created by death and a council member takes… is appointed as the acting or interim mayor that retain veto power, as well as, their membership status on the council level and sometimes they vote as a council member and sometimes they vote as… as mayor with veto power. And this simply says if they’re gonna be acting mayor with veto power, they have to resign their council position and open that position up to be refilled. This is an initiative of the Municipal League. It’s been something that’s been researched out for a couple of years and they have pretty much… a good Bill here, I think, that will fix a problem that’s been around for a long time. And… and certainly hope that we can fix this and would… would urge an ‘aye’ vote. And I ask for…”
“The Gentleman has moved for the adoption of Floor Amendment #1. And on that question, the Gentleman from Cook, Representative Miller.”
“Will the Spon… will the Sponsor yield?”
“He indicates he’ll yield.”
“Just some point of clarification. Your… in my area in Calumet City, where I live, we’ve switched just about as many mayors as I’ve been here for various reasons. And so, I just wanna be clear that you’re not limiting powers of the acting mayor or are you just saying you will either be 09400054.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 the mayor or the councilmen or you can’t be both? And so, I’m just a little confused on this.”
“Yeah. What we’re saying… we’re saying that if… if… if you’re acting mayor and you don’t resign your council position you don’t get veto power, number one. And… and… and it let’s the acting mayor either become acting mayor with full mayoral powers or remain on the council without… without veto power.”
“And so… I assume this has happened… this is happening. I… I… my… my logic would say that if somebody was… is… was deceased or the mayorship came open, then they would appoint someone, the former alderman or… or trustee or whatever. Are you saying that’s not happening?”
“Well, it… What… what happens is that when the appointment occurs the… there’s a decision that… that’s made by the council. The power is always in the council’s hands to approve the appointment. If they approve the appointment of one of their own members, then… and the member doesn’t resign the council spot, he doesn’t… he will not retain veto power as… as mayor.”
“Okay, so this is just really dealing with… with that situation. Nothin’ else.”
“Right.”
“I… I guess, I just don’t understand why somebody or why wouldn’t somebody just become the acting mayor and then, ya know, maybe, I don’t know, they don’t wanna run for mayor or something. Is that what you’re saying? So… so if they decide to appoint somebody interim mayor and 09400054.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 they don’t really wanna be mayor and there is an elections coming up then, I guess, they could retain back their council seat and have an open seat for mayor. Is that kind of this…”
“Right. The… the… I… I think, a better way to explain this, Representative, is that the statute is silent on whether they have to resign their position. And it can be… it can be a position that they could hold for as long as 18 months. And it puts the acting mayor at odds with the council but he’s still a member of the council. So, this is clarifying the steps and the… and the… the authority of power that occurs in those situations and defines them accurately. And in… in that event if you take full acting mayor powers, you should give up the council seat. Because the people that are really getting shorted are the people that you represent. And… and it’s hard to operate a city government with a short council.”
“…Just… just… I don’t mean to… just to cut you short, I just wanted to say. Do you know of any… this is just a question to you, of any laws which would prohibit somebody from acting as acting mayor and also councilman? Or is… would that just be a bad idea?”
“Well, they can act as acting mayor and councilman today.”
“I mean, it’s saying, restricting that?”
“No, they’ll still be able to act as council member and acting mayor in the future. They just won’t be able to apply their veto powers as acting mayor.” 09400054.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Yeah, I… Okay. Okay. All right. Thank you.”
“All right.”
“Representative Flider.”
“Thank you, Mr. Speaker. I would like to rise in support of this Amendment. This has been an issue, actually for several years, dates back to the time I was a mayor. And Illinois Municipal League has been working on developing legislation through its legislative committee to try and rectify this situation. And effectively, what happens is if there is an opening in the position of mayor, ya know, the mayor or the village president has a responsibility unlike any other board members. That… that position is an elected position or in this case, would be an appointed position. But you can’t do both. You can’t be a village board member and you can’t be a mayor. You gotta do one or the other. If you’re the mayor and the city council or village board passes legislation and you don’t agree with it, you can veto it. You have other powers, but what the law says today is that it… it’s somewhat of a confusing situation because at leaves open the question as to if somebody’s appointed, are they the mayor or not. So, if you’re a trustee and you’re appointed to bang the gavel and conduct a meeting, that’s one thing, but you don’t have veto powers. You shouldn’t have veto powers because you haven’t been elected to that position, you haven’t been appointed to that position. But if you wanna be elected to that position or appointed to that position, then you need to give up your trustee or city 09400054.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 council position. And that’s just the right thing to do, you just can’t do both. And I think this legislation solves a confusing situation that has been on the books for many years here in Illinois. And I commend the Sponsor for his legislation.”
Speaker Hannig: “All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read House Bill 2222.”
“House Bill 2222 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Hoffman, has been approved for consideration.”
“Representative Hoffman.”
“Thank you, Mr. Speaker, Ladies and Gentleman of the House. Floor Amendment #1 has to do with downstate transit systems and assuring adequate funding for downstate transit systems. What this essentially does is it makes sure that the current transit systems that are currently… that are currently online reach the 50… the statutory 55 percent level. In addition, it allows for transit systems that currently are ready to be up and running to begin to… to operate. Additionally, what it does is it addresses an issue in the Metro East with regard to light rail and the light rail system and also sets up criteria for allowing new downstate transit systems to specifically meet certain 09400054.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 criteria in order to… in order to go online. This addresses the issue of… the need of downstate transit systems and downstate Illinoisans to make sure that they have access to mass transit.”
“The Gentleman moves for the adoption of Floor Amendment #1. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. On page 6 of the Calendar under the Order of House Bills-Second Reading is House Bill 3464 for Representative Fritchey. Do you want us to read this Bill, Representative? Mr. Clerk, read the Bill.”
“House Bill 3464, a Bill for an Act concerning title insurance. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read House Bill 3602.”
“House Bill 3602 has been read a second time, previously. Amendment #3 was approved in committee. No Floor Amendments have been approved for consideration.”
“Third Reading. On page 7 of the Calendar is… under the Order of House Bills-Second Reading is House Bill 3767. Mr. Clerk, read the Bill.”
“House Bill 3767 has been read a second time, previously. No Committee Amendments. Floor Amendment #1 09400054.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 was approved by the Body. All the Motions have been filed.”
“Third Reading. On page 9 in the Calendar is House Bill… under the Order of House Bills-Second Reading is House Bill 4053. Mr. Clerk, read the Bill.”
“House Bill 4053 has been read a second time, previously. Floor Amendment… No Committee Amendments. Floor Amendment #1 was approved by the Body. Floor Amendment #2, offered by Representative Currie, has been approved for consideration.”
“The Lady from Cook, Representative Currie.”
“Thank you, Speaker. This is a technical Amendment brought to my attention by Representative Sommer. The Bill as drafted did not clarify what would happen to contractual personnel currently under the jurisdiction of the Department of Commerce and Economic Opportunity. The Amendment specifies that the contractual personnel will become the responsibility of the new international business council. I’d be happy to answer your questions and I’d appreciate your support for the adoption of the Amendment.”
Speaker Hannig: “Is there any discussion? Representative Sommer.”
“Leader Currie, this is in response to a question I raised in committee about those contract… people under contract in foreign offices and this does address that. Of course, it does raise question about those other individuals and we have had those conversations with Tom Miner. And gotten assurances that there is, in deed, no 09400054.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 intent to remove other individuals who are not under contract from their positions. Is that correct?”
“That is correct. And there is, as you pointed out, another section of the Bill that provides specifically for the leasing of current employees in the Department of Agriculture and in the Department of Commerce and Economic Opportunity to operate with the new business council.”
“And there comes a point we need proceed. I know we could go back and forth with language forever, but of my conversations with Tom Miner, his statements to me were such that I would paraphrase, that he does not believe that is… that anyone will… it is intended that anyone would lose their job.”
“Right.”
“And we can further discuss this perhaps on Third. Thank you.”
“On Third Reading, right.”
“Any further discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments. No Motions filed.”
“Third Reading. On page 10 of the Calendar, under the Order of House Bills-Third Readings is House Bill 2151. Mr. Clerk, read the Bill.”
“House Bill 2151, a Bill for an Act concerning civil law. Third Reading of this House Bill.”
“Representative Granberg.” 09400054.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Tha… thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2151 comes from an issue that occurred in my district over abuse of the Capital Litigation Fund. It was a defense of a murder trial and over the course of that time, the defense attorney offered to represent the defendant for free. Over the course of the last 3 years, it is now $2.5 million that he has billed the state. So, this attempts to address an assistive agreement with the appellate prosecutor’s office and the appellate defender, to say that when you represent a defendant using the Capital Litigation Fund, you have to give that judge a proposal… a budget proposal on what your anticipated budget will be. You do that and then it would require an itemized expenditure to be reimbursed by the state. That has not been the case. And in the case that arose from this, the attorney did not do that. And that’s where he arrived at $2.6 million figure. The average cost, in fact, this is in fact the most outrageous abuse of the Capital Litigation Fund. And the…”
“Representative Black is indicating that you may have the wrong Bill here, Representative Granberg.”
“Oh, I’m sorry, Mr. Speaker, when you told me the Bill… Thank you, Representative Black. This is the Mt. Vernon quick-take Bill. So, we’re gonna quickly take taxpayers’ money and transfer it to the Capital Litigation Fund. When this… this is… Mr… Mr. Speaker, this is the quick-take Bill because Representative Fritchey and I were sponsoring the Capital Litigation Fund. I’m sorry, Mr. 09400054.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Speaker, you are correct. Mr. Black, you’re right. Representative Fritchey and I were the Sponsors of the Capital Litigation Fund that came over from Senator Cullerton. That’s when I saw the Bill. So, you’re right. This is what the Mt. Vernon quick-take Bill. It deals three parcels and an easement in conjunction with hopefully, the federal transportation Bill that’s gonna be coming out of Washington, hopefully. This would enable them to access those federal funds at the request of Congressman Shimkus. And I’d be happy to answer any questions. Thank you for bringing that to my attention, Representative Black.”
“The Gentleman moves for the passage of House Bill 2151. This is on the Order of Short Debate. And in response, Representative Black.”
“Yes, thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“So… so, in other words, as I understand this Bill, Representative, if a lawyer charges an exorbitant fee on the quick-take, that isn’t gonna be allowed.”
“You’d have to have an itemized billing. You’d have to give to you or someone in advance of the bill to the state.”
“And… and this corrects an egregious abuses of the…”
“Absolutely.”
“…quick-take legal procedure.”
“Absolutely.” 09400054.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Representative, you’ve always been quick on your feet but never more so than just now. Thank you very much.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. You want to put this on Postponed?”
“Postponed.”
“Okay.”
“Thank you.”
“We’ll put this on Postponed Consideration and we’ll sort it out. On page 19 of the Calendar, under the Order of Senate Bills-Second Reading is Senate Bill 1693. Mr. Clerk, would you read the Bill.”
"Senate Bill 1693, a Bill for an Act in relation to public employee benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. On page 10 of the Calendar… on page 10 of Calendar under the Order of Senate Bills-Third Reading. We’ll start with Senate Bill 53. Representative Sullivan, you wish to read… have this Bill read? Representative Sullivan on Senate Bills-Third Reading. Mr. Clerk, read the Bill.”
"Senate Bill 53, a Bill for an Act concerning firearm ammunition. Third Reading of this Senate Bill.”
“Representative Sullivan.” 09400054.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 53 as amended would provide that an Illinois resident may purchase ammunition from a person outside of Illinois, but it requires that the purchaser provide the seller with a copy of his valid FOID card and an Illinois driver’s license or state ID. It also says that the ammunition can only be shipped to one of the two addresses on the two forms of identification. Be happy to answer any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr… Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Winters, shall we read Senate Bill 59? Out of the record. Representative Brady on Senate Bill 69. Okay. We’ll move on down the Calendar. Representative Mathias, you have Senate Bill 98. Mr. Clerk, would you read the Bill.”
"Senate Bill 98, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.”
“Representative Mathias.”
“Thank you, Mr. Speaker. What Senate Bill 98 does, it provides that the chief circuit judge or his designated presiding judge may approve three hours of training for 09400054.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 guardian ad litems evaluators, investigators, and professional personal… personnel appointed under the Illinois Marriage and Dissolution Act. And the training must include the dynamics of domestic violence and its effect on parents and… and children. And also provides that the court shall consider ongoing or repeated abuse against the child or another person in making custody determination. It also, finally, provides the joint mediation shall not be required by the court if there’s a danger to the health or safety of a partner. I ask for your ‘aye’ vote.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mathias, could you handle Senate Bill 102 for Representative Feigenholtz? She’s excused today and you’re next on the list of hyphenated Sponsors. So, Mr. Clerk, read the Bill.”
"Senate Bill 102, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.”
“Representative Mathias.”
“Thank you, Mr. Speaker. Senate Bill 102 amends the Illinois Controlled Substance Act to make it a Class A 09400054.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish to a person under the age of 18, a dietary supplement containing ephedrine group alko… alkaloid or a dietary supplement containing androstanediol and the rest of ‘em are on your computer, I’m sure. And I ask for your ‘aye’ vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Looks like many stand in response. Representative Fritchey.”
“Thank you, Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, I realize it’s not your legislation, but I just wanna ask you… I worked on the underlying issue with the ephedra ban with Representative Feigenholtz. But the Federal Government recently, I believe, struck down the ban on ephedra. Are you aware of this?”
“No, I’m not. I… I don’t know if that would affect the law in Illinois or if that would just affect the federal leg… the federal rules.”
“Okay. I just wanna to apprise the Body of that. I’m not sure how it would affect this either but it’s a looming issue that’s out there. Thank you.”
“And we’re not banning ‘em, you know, we’re not banning it in this legislation. We’re… I be… basically, saying that it… it has to be for a person under 18. It cannot be sold to a person under 18.”
“Have you concluded, Representative Fritchey?”
“Yeah, thank you.” 09400054.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
Speaker Hannig: “Okay. Representative Lindner. Representative Lindner.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“We… we did ban the sale of ephedrine. Is that correct in our law?”
“That’s correct.”
“So, the difference in this is that it adds transfer or otherwise furnish?”
“Yeah. I… I believe that these products, from what I understand, are… are more commonly referred to as ‘andro’. And they’re products used, for exampling… for example, in weightlifting and other sports to build bulk. And therefore, we feel that this… this is… these are separate products from the… from the ephedrine.”
“Okay. These are… are these steroids?”
“I think the effect on it is similar. They’re not quite exactly steroids but I believe they are… have the same effect on the… on the body that steroids do.”
“All right. But there is a difference in this be… be… and the law that we passed because this is transfer to person under 18.”
“That’s correct.”
“All right. Thank you.”
“Representative Mathias to close.”
“I think as you’ve seen some of the things that’ve been happening today, I believe this is needed legislation to make sure our children aren’t taking these type of 09400054.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 supplements thinking that it’s going to help them but in the end will… in the long run will hurt their bodies. So, I ask for your ‘aye’ vote.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rep… Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Osterman, shall we read Senate Bill 143? Mr. Clerk, read the Bill.”
"Senate Bill 143, a Bill for an Act concerning government. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Osterman.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 143 seeks to codify Executive Order 2005-1 which allows collective bargaining for over 49 thousand home daycare providers who participate in the child-care assistant program here in Illinois. This legislation will make the state a limited employer of these workers and they will have the ability to bargain for range of benefits including, wage, hours, general conditions of employment. This legislation will help providers provide benefits and stability for home childcare workers which represent over 70 percent of the children in the childcare 09400054.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 program here in Illinois. It’s a positive step forward. I know of no oppositions and I would ask for an ‘aye’ vote.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? The Gentleman from Winnebago, Representative Winters.”
“Will the Sponsor yield?”
“He indicates he’ll yield.”
“Harry, this… we’re dealing with home daycare providers and the… they will be giving collective bargaining rights with the state but they’re not to be included as state employees. Is that…”
“They’re limited…”
“…that’s my understanding of the Bill?”
“They’re limited state employees.”
“They’re limited state employees?”
“Yes, for…”
“Wil…”
“Go ahead.”
“Will they have access to state insurance… health insurance?”
“All of that would be under the negotiations that will go forward after we sign this Bill or the Bill gets signed by the Governor.”
“Well, the way I read the Bill and for everybody’s knowledge on this, we read the language as saying they specifically will not qualify for state health insurance. And that… therefore, would not be a bargainable issue.”
“You are correct.” 09400054.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Well, what… ya know, in other words, you… you’re on the record as saying that they will not qualify for stal… state health care insurance and they can’t bargain for it.”
“That’s something that I… I would have to check into and get back to you on… I believe you are correct, but I… I’d wanna verify that.”
“Okay. I… we don’t wanna hold up false promises for workers who are organizing hoping that they will eventually qualify for health insurance through the state when, in fact, this Bill explicitly does not allow that. How about retirement benefits? Will they qualify for state employee retirement benefits?”
“No.”
“Okay. And… and again, if they don’t qualif… qualify for retirement or health insurance benefits, what other benefits can they bargain for then?”
“They can bargain for their wages. They can bargain for the work rules that would go into effect. I mean, there are current… Department of Human Services has current work rules and they would be able to bargain for that. So, if there are changes, they could… the union would be able to represent them and bargain for them.”
“Okay. Will they be qualif… will they be considered as state employees when it comes to workers’ compensation and unemployment benefits? Does that add to the burden of the state with… with these employees?”
“I believe it is not.” 09400054.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Okay, but your… your… your belief is that they would not qualify for unemployment or workers’ comp coverage. We… we believe that it doesn’t state anything in the Bill to that effect. Yeah, Harry, we don’t think that it’s specifically stated in the Bill. Do you have any spec… specific intent on their coverage by workers’ comp or unemployment insurance?”
“At the present… I’d have to get back to you on that, Representative. And I apologize for not having that correct answer. I believe that that’s the case but I… I wanna double check that.”
“And… and I apologize to you. We did not discuss this in committee. We were under some time constraints that day. And so, I decided at that point to… to ask these. I probably should’ve given you the questions ahead of time. But we… we don’t have specific problems with the Bill, we just wanted to clarify on the record some of the answers to these. Thank you very much, Speaker.”
Speaker Hannig: “We’ll move this to the Order of Standard Debate. And Representative Moffitt is recognized.”
“Thank you, Mr. Speaker. To the Bill. I just certainly wanna speak in support of Senate Bill 143. I think this is an issue we’ve talked about for a number of years. It’s really an issue that’s time has come. We’re talking about child-care providers that account for about 20 percent of all children in childcare in this state. And this really is a program that’s been pretty high turnover. And if we can provide added confidence, added benefits, or 09400054.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 just assistance or a better program, then we’re… we’re truly doing the right thing. Think all of us want childcare that is stable and that is safe. And I think this legislation would… would help to do that, provi… providing a more stable workforce and… and hopefully, reduce that high amount of turnover. And reli… I believe by passing this legislation, we recognize the important work of these providers… providing daycare each and every day and early childhood education. And it’s what’s needed so that working families can succeed and improve themselves. So, I think, Senate Bill 143 is one that we’ve talked about a long time and… and I’m pleased to support it. Thank you.”
“Representative Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, is your Bill just addressing benefits or is it a just… is it codifying the Governor’s…”
“It would codify the Executive Order, Representative, and give them the ability to bargain for rates collectively. And once the Bill is signed by the Governor, he would be able to… the union would be able to work with the administration to work on rates and work conditions. As you are aware, the child-care department for Human Services has proposed a number of changes. The union would be able to work and bargain on their behalf.”
“Representative, our analysis says that the state would be the bargaining unit for the daycare workers who 09400054.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 are unionized. But who would actually pay their salary? It’s not the state, it’s the people that employ them.”
“It… it is those people that are employed by… employ them, through copays, but also through reimbursement that they get from the state.”
“So, in what other are does the state act as a bargaining unit for an union where they do… where they’re not obligated to pay their salary and someone else in the private industry is?”
“I’m not aware of other situations. There may be.”
“Isn’t this an unprecedented change in how we do business? When… we know we need more daycare workers, that didn’t stop the Department of Human Services from transferring $19 million out of the daycare line to cover the TANF line and now you’re adding workers. And we received two letters from the department on how this unionization of daycare workers would affect the money and the line item for the coming year. Both of them I would consider noncommittal. Having seen what the Governor’s done in the past year with giving raises to people, keeping the daycare line the same. And if there is no supplemental or no coverage of that, the daycare line will not be the same. It will be down $18 million next year. And then not telling us what the actual cost a union raise would be and saying they hope they would not pass the raise on into next year’s budget, I think causes a great deal of pressure point. The other think, I think, is that this is a really unprecedented move for the state to negotiate union 09400054.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 contracts that they do not pay. And I don’t know how we justify passing that cost on to a provider after the state negotiates the contract. I… I… there’s something to me that… that doesn’t speak right to this, even though, those workers are underpaid and we’d like to see more workers, I think this is an unusual way of going about it.”
“Representative, I… let me answer that in a couple ways. One is, I think, you know that I am clear on where I am on the child-care budget and making sure that there are no cuts. We’ve worked in a bipartisan fashion. Representative Coulson was in a meeting with the union and advocates for childcare to talk about how this would move forward so that, there are no surprises that we are thrown at to try to deal with this. You, also, know that we have… there’s been a report that’s been put out to try and raise the rates across the board for childcare to provide stability to reduce the turnover that will give parents options. We think that this is a good way to do that and help… let these workers have union representation. They voted for representation. And we think that this is the right thing to do.”
“But I don’t understand how the state is the bargaining unit for them if they’re not paying the salary. It’s one thing to bargain… to bargain with employees from the unions that the state covers or we’re responsible for the pay.”
“Currently though, the rules, Representative, the rules that are implementing that cover these employees now, 09400054.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 the state makes those rules. So, IDHS tomorrow says we’re gonna implement a rule 30 days from now. The workers have to deal with that. As you know, there’s a list of proposals out there and the union now would have a voice to… to make sure that those rules benefited these employees but also, I think the people of the State of Illinois, as well.”
“All right. So, if they can negotiate, if the Governor signs an order that they can negotiate union for daycare workers, next year can he do that for hospitals? Because hospitals are under great pressure to be unionized, also. So, at this price this year, do we then do it next year in another group? And why should we bargain a raise for someone else who has to pay for it?”
“Well, I think next year, Representative, if you wanna sponsor that legislation and work with the unions, that’s your prerogative.”
“I think that’s a very facetious answer because I think what you’re doing is not constitutional.”
“Representative Colvin.”
“Thank you, Mr. Speaker. I… I guess I do appreciate to some degree some of the arguments that some of my colleagues have made about this Bill. But this is beyond just a fiscal issue or constitutional issue, but a human issue. It’s about the 50 thousand homecare child providers who serve children in the Illinois Childcare Assistance Programs who are dedicated to the 200 thousand children and 97 thousand families they serve all across the State of 09400054.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Illinois. The high turnover rates among these childcare providers ultimately leaves parents with little or no access or different options to care for their children while they work or go to school to improve their lives. The only way to keep consistent quality childcare is to make sure that those workers have a voice and have the opportunity to make a decent living. It’s critical that we find ways to bolster this type of support. Stable child care is crucial for helping low income families find work, go to school to improve their own stations in lives. So, that we don’t continue to perpetuate these problems. I think we all know and understand and we often talk about anyway, the need for quality and stable child care in Illinois. I think it’s time, particularly, with pieces of legislation like this and I wanna commend my colleague for working so hard to bring this Bill to the House Floor, that we continue to work on efforts and initiatives that really speaks to the heart of some of the problems with respect to child care in Illinois. I’m in strong support of this legislation. I ask all of you to look at it and not just from a fiscal perspective, but from a human perspective. And I encourage all of those who believe in this Bill to sign on as cosponsors. Harry, I wanna thank you for your efforts and your hard work on this piece of legislation, something I’ve been following very closely. I… I think it’s high time that we give workers these rights and I strongly appreciate an ‘aye’ vote from everyone on this Bill. Thank you.” 09400054.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“We’ve now had three speak in favor and two in response. Representative Dunkin, do you rise in response? We’ve already had three in favor, so no more are allowed under the House Rules to speak in favor. Would you like to speak in response? Okay. So, Representative Osterman’s recognized to close.”
“Ladies and Gentlemen of the House, I think this effort is gonna help with stabilizing the childcare workers in the State of Illinois. It’s not the overall answer but it’s gonna provide some stability for those parents. They’re workers that are doing this important job, helping teach the children of the State of Illinois. We’ll have an advocate in the union that will help bargain on their behalf. It’s a positive step forward and I would ask for an ‘aye’ vote.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted? Representative… Okay. Mr. Clerk, take the record. On this question, there are 110 voting 'yes', 1 voting 'no' and 2 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Saviano, do you wish us to read 158? Representative Coulson, would… would you be interested in handling Senate Bill 187 for Representative Feigenholtz? Mr. Clerk, read the Bill.”
"Senate Bill 187, a Bill for an Act concerning elections. Third Reading of this Senate Bill.” 09400054.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Representative Coulson.”
“Thank you, Mr. Speaker. Senate Bill 187 provides that that the State Board of Elections will create an electronic statewide voters’ guide to be posted on the Internet before each general election for statewide offices only. There are stipulations on what will be posted and also, any candidate can pay to have their photo and a personal statement included in the voters’ guide. And I can answer any questions.”
“This is… this is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is… excuse me, excuse me, Mr… Mr. Clerk, dump the Roll Call. Representative Black, did you wish to speak in response?”
“Yes, I did.”
“So, Mr. Clerk, would you… would you dump the Roll Call. We got a little bit ahead of ourselves. Okay. Representative Black is recognized in response.”
“Thank you very much, Mr. Speaker. I… I did have my light on. I don’t know whether your arm was on it or not, I apologize for the confusion. Will the Sponsor yield?”
“Yes.”
“She indicates she’ll yield.”
“Representative, I have some concerns about this Bill on the item of cost. The language says that if I wanna put my picture and my statement or… or background on this website, it’ll cost me 600 bucks. Why?” 09400054.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“First of all, it’s not for State Representatives but it is for statewide candidates and that is so that it’s a self-supporting fund that will keep the cost from the GRF. The Amendment added a section that allows those funds to go into a separate fund, in order to keep this going. The underlying guide only… the fiscal impact is about between 150 and 200 thousand dollars for startup and then minimal each year.”
“You… you really think that enough people will participate in that at $600 a pop to defray the operating cost of that website?”
“The… again, it’s statewide offices. Not all of the offices will be included in this and that’s also in the Amendment #1.”
“Does it include a primary election or the general?”
“That’s a good question, Representative. I believe it’s each general election only.”
“All right. Well, Representative, I… I could tell from the earlier vote totals that… that it’ll get an overwhelming number of votes. Mr. Speaker, to the Bill.”
“To the Bill.”
“On the one hand we decry the ever-increasing cost of elections. On the other hand we continually give candidates opportunities to get their face and message out, 600 here, 500 there, a hundred thousand on television. I don’t know. I… I keep thinking we’ve met the enemy and it is us. Do you really think once this thing is posted, you’re a statewide candidate that you can’t… that you 09400054.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 cannot get on this web? Ya know, it… it… it won’t enhance your candidacy. So, $600 to be on this website. One of the… one of the great rackets in this business, newspapers put out voters’ guides. Now, you don’t have to be in that, that’s what they’ll tell ya. But if you want your picture and your campaign philosophy, we’re gonna put that in there and by the way, then you sponsor a little ad and that covers the… the political aspects of the newspaper guide. Well, what would that ad cost? Well, the ad will cost a thousand dollars. So, if you don’t put your name in that, then voters, obviously, say, ‘Well, gee, why weren’t you in the newspaper tab?’ I didn’t wanna spend a thousand dollars. You never get a chance to answer that question. You weren’t in the newspaper tab. You may not choose to be on the voters’ guide at the State Board and there isn’t gonna be any disclaimer on this website. They aren’t gonna tell ya that you didn’t wish to participate because you didn’t have $600. What about all the independent candidates? The candidates that are starting out on a shoestring. What we’re doing is we keep raising the cost to run for public office. And then after the election is over, we all have press conferences and decry the ever increasing cost of campaigns. I think Al Capp (sic-Walt Kelly) was right, ‘We’ve met the enemy and it’s us.’”
“Representative Franks.”
“Thank you, Mr. Speaker. To the Bill. I want to thank Representative Black for talking. I didn’t realize the ramifications until he started to speak. And as I look at 09400054.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 this Bill, I agree with him. You think of the giants that we’ve had in politics like Senator Proxmire from Wisconsin who didn’t spend any money on his elections. He would just talked to the people. A guy like Senator Proxmire would not spend the 600 million… the $600 to get on a website. And after hearing Representative Black speak, I think he’s absolutely right. I think we should not be supporting this Bill because if someone chooses not to go on for whatever reasons, it’s not gonna look like that person then as a serious candidate. And… and… and the problem is, since this is going to be put forward by the government, it almost looks like it’s an official website… it is an official website. And if you choose not to be on there, people are gonna think that you’re… that you’re not a serious candidate or not a real candidate. I think this could have a lot more harm than good, number one. And number two, there’s a lot of ways for candidates to get their… their views out. And if they… it’d be much cheaper for a candidate, quite frankly, to create their own website. So, I understand the intention of the Sponsor but I think that the laws of unintended consequences greatly outweigh the benefits. And as a result, I’ll be voting ‘no’ and I’d ask the Body to vote ‘no’.”
Speaker Hannig: “The Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.” 09400054.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Representative, I have a concern about this legislation in terms of… what… what evil are we trying to solve with this? I mean, what… what do you see as the flaw to this? Is this… something that’s affect you personally? And what… and how will this solve that problem?”
“First of all, and the… most of the polls that people do on elections, the… the biggest concern is finding information that is objective from a site that’s not run by a candidate. And this would be that kind of a site. It’s to allow for, and again, I’m gonna remind everybody. A lot of misrepresentations have been stated on this floor. This is for statewide offices only, it’s not for local elections. It is also optional that you put your photo and a personal statement on here. The real intent of this Bill and the major por… importance is for people… voters to be able to go to a government State Board of Elections site to understand where they can get absentee ballots, how they can get more information and who is going to be on the ballot on the presidential level and the statewide level. In addition, there will be a section that allows candidates to put their personal statement on and that is the only thing that will cost when they put those personal statement. And I would also make a comment that it’s highly unlikely that it’ll only cost you $600 to set up your own webpage.”
“Representative, what… is your district in Cook County or Lake County.”
“I have all of Cook County.” 09400054.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Okay. In Cook County… our David Orr does this.”
“Correct.”
“Do you know if this is… is it that it’s not done in other counties? Or do all of the counties have a clerk that puts out this information?”
“No, that’s part of the reason for the Bill, that no other county does this. And this provides a statewide website that can give that information.”
“This is a statewide website?”
“Yes, State Board of Elections will be doing it.”
“And who’s… who mans this website?”
“The State Board of Elections will be doing it.”
“And…”
“And they are not in opposition to the Bill, they support it.”
“Do you have any idea how much it’s gonna cost?”
“As… as I mentioned, about a hundred and fifty thousand startup and then a minimal cost to maintain it each year.”
“Well, all I can tell ya is that, I think, at this point in time, I think, most of the clerks do a pretty good job on this kind of legislation already. And we have a lot of places to put a hundred and fifty thousand dollars. So, unfortunately, I… I think that maybe this… this time has not come yet on this legislation, maybe another time when we’re able to afford this. I mean, I think everybody wants knowledgeable voters. I mean, it’s one of the things I tell young people is to make sure they not only cast the 09400054.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 vote but cast a knowledgeable vote. And… but I think we have plenty of resources for people to get this information. So, thank you, Representative.”
“Representative Coulson to close.”
“Thank you very much. I would just like to remind everyone that nine out of ten voters want guides. Voters take elections seriously and they want trustworthy, straightforward information about the choices they are called upon to make. Statewide surveys show that Illinoisans want the state to produce voters’ guides. I would appreciate your support and I do believe this gives us actual trustworthy information on the Web. Thank you.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Representative Coulson. Representative Coulson, should we just put this on Postponed? Okay, Postponed Consideration. On the top of page 11 of the Calendar is Senate Bill 201. Representative Saviano. Okay. Mr. Clerk, read the Bill.”
"Senate Bill 201, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.”
“Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 201 is really a great Bill. We’ve been working on this for like 3 years. This addresses the mandatory overtime issue for nurses. This is an effort that we’ve 09400054.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 put forth over the last couple years to stop the shortage of nurses in this state. I have to commend the Illinois Nurses Association, also, the Illinois Hospital Association and Senator Trotter for helping us put this Bill together and making it an agreed Bill. It’s an important Bill. It’s unprecedented. And it’s well needed and I would ask for your approval on Senate Bill 201.”
“Okay. This Bill’s on the Order of Short Debate. And in response the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, this is something that’s been agreed to and worked out by the Hospital Association and the Nurses Association?”
“Absolutely.”
“So, therefore, there’s an agreement on it?”
“Total agreement.”
“Thank you, Representative.”
“Representative Saviano to close.”
“I would ask for your support.”
Speaker Hannig: “Okay. The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Tenhouse and Kosel, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a 09400054.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Constitutional Majority, is hereby declared passed. Representative Saviano, do you want us to go back to 158? Mr… Mr. Clerk, read Senate Bill 158.”
"Senate Bill 158, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.”
Speaker Hannig: “Representative McAuliffe, were you seeking recognition?”
“Yes. It’s Representative Saviano’s birthday and the cake’s already being scooped out. So, maybe we’ll have a little cake left before he finishes doing all his Bills. So, happy 40-sumpn’ birthday to Skip.”
“Representative Millner, for what reason do you rise?”
“Thank you, Mr. Speaker. I’d like to welcome people from Nature Ridge School in Barlett, up there. If you wanna wave, the kids in Barlett. Welcome to Springfield.”
“And now Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 158 is an initiative of the Podiatric Medical Association which addresses their scholarship for residency programs. This is an agreed Bill. It amends the Medical Practice Act and the State Finance Act by providing that aforementioned set aside funds may not be transferred to GRF. And I would ask for your approval.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all 09400054.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 voted who wish? Have all voted who wish? Have all voted who wish? Representative Soto, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative McCarthy, shall we read Senate Bill 232? Mr. Clerk, read the Bill.”
"Senate Bill 232, a Bill for an Act in relation to public health. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative McCarthy.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 232 is an initiative of the Township Officials of Illinois. It basically says that members who serve on a public aid committee for a township or county will not suffer from any or will be granted immunity from personal liability in the performance of their duties. This was passed unanimously in the Senate committee and the Senate Floor, also, unanimously in our own committee. I would welcome any questions.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. 09400054.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Representative Yarbrough, shall we call 254? Out of the record. Representative Collins, should we read 283, Senate Bill 283? Mr. Clerk, read the Bill.”
"Senate Bill 283, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.”
“Representative Collins.”
“Thank you, Mr. Speaker. We ask for passage of House Bill (sic-Senate Bill) 283. This is an agreed Bill that we’ve worked on for last couple of years. We’d like to thank Representative Bellock and Representative Lindner for sitting on the taskforce with us. So, we ask for an ‘aye’ vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Froehlich, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Coulson, would you wish us to read Senate Bill 417? Mr. Clerk, read the Bill.”
"Senate Bill 417, a Bill for an Act concerning finance. Third Reading of this Senate Bill.”
“Representative Coulson.”
“Thank you, Mr. Speaker. Senate Bill 417 amends the Tobacco Products Manufacturers’ Escrow Enforcement Act and 09400054.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 is administrative change and it saved dollars to the state. I… does not affect access to tobacco. And I’d appreciate your support.”
“This is on the Order of Short Debate. Does anyone speak in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Granberg, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 468, Representative Holbrook.”
"Senate Bill 468, a Bill for an Act concerning business. Third Reading of this Senate Bill.”
“Representative Holbrook.”
“Thank you, Speaker. Senate Bill 468 passed out the Senate unanimously. It’s recommendations made by the business advisory committee to the Secretary of State, makes some changes on corporations’ filing. I know of no opposition to the Bill.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 70 voting 'yes' 09400054.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 and 42 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 302.”
"Senate Bill 302, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.”
“Representative Acevedo.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 302 amends the Illinois Vehicle Code. It provides that any nonresident or former Illinois resident who has met all requirements for restoration for driving or registration privileges under the Safety and Financial Responsibility Law of the Code except filing proof of financial responsibility, or any nonresident or former Illinois resident whose licenses was revoked and who has met all the requirements for applying for driving privileges except filing proof of financial responsibility, shall be released from the Illinois proof of financial responsibility requirement if he or she resides outside of Illinois and has applied for a license in another state. It requires proof of nonresidency. Provides for reimposition of the requirement if the person returns to Illinois within 3 years and cannot show proof of insurance during the period of nonresidency. It also provides that the Secretary of State shall adopt rules for implementing the new provision. Be happy to answer any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Cook, Representative Parke.” 09400054.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“I’m not… Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Yeah, I’m not sure I understand all the ramifications of this Bill. Are you saying that they do not show financial… filing proof of financial responsibility, this Bill releases the… the State of Illinois from the… releases the individual from proof of financial responsibility prior from an outsider coming in the State of Illinois?”
“Representative, that’s if he moves out of state, he’s no longer to show every year that he’s… he… he does have that insurance which is probably a SR22. Now, if he returns within 3 years, he does then have to show proof of his insurance that he’s now back in to the state.”
“But he… does he have an Illinois driver’s license?”
“…Yes, I… I’m sure he would, yes.”
“And so, this person could be driving around without any insurance in Iowa or Wisconsin or something?”
“I would believe so, Representative.”
“Well, Ladies and Gentlemen, to the Bill. I think you better take a good hard look at this Bill. I… I think there’s some problems with this and I don’t feel comfortable. I’m not gonna be voting for this Bill. And until I have a better understanding of the longterm ramifications on this, it just doesn’t make sense that we would wanna do this. So, perhaps somebody that’s got more understanding on this Bill might wanna talk on it, but I do not understand why we should release people from their 09400054.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 responsibilities. If it’s good enough for the State of Illinois, it oughta be good enough when they’re leaving this state.”
“Representative Franks.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative Acevedo, I think there was some misunderstanding in the prior speaker’s questions. The people who you’re dealing with here are no longer residents of the State of Illinois. Correct?”
“Yes, that’s correct, Representative.”
“Okay. I believe the previous speaker thought that these people were still residents of Illinois, but the fact of the matter is, these people have already left and they’ve determined that they’re not gonna come back. Correct?”
“Yes. And that’s exactly what I was trying to explain. I… I think…”
“Okay.”
“…I was miss…”
“And they’ve taken residency in another state. So now, they are residents of other states, they’re citizens of another state and they’re subject to the laws in those other states.”
“Ab… absolutely and I’m sure the other state as well, has the same kind of…” 09400054.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“So, really Illinois no longer has a nexus to the… to these individuals who are now former residents, no longer present residents. Correct?”
“Absolutely.”
“Okay. So, what the Secretary of State is saying, is since they’re no longer residents of the Illinois and they’re residents of another state that those individuals to be subject to the laws of those state, since Illinois no longer has any interest in these people.”
“Absolutely. But Representative, in… in the same sense, if they move back within a period of 3 years, they still have to show proof of their insurance which is the SR20… 22.”
“Thank you. I think you’ve clarified it now for us.”
“Representative Acevedo to close.”
“I ask for an ‘aye’ vote, Speaker.”
“Okay. The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Okay. Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 406.”
"Senate Bill 406, a Bill for an Act concerning liquor. Third Reading of this Senate Bill.”
“The Gentleman from Cook, Representative Lang.” 09400054.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 406 deals with the issue of certificates of good standing with the Liquor Control Commission. And so, under today’s law, distributors when they have a license app… application renewal have to submit a certificate of good standing from the Secretary of State’s Office. This Bill would allow that certificate to be taken directly from the Secretary of State’s website. The Secretary of State keeps a website, shows which organizations are in good standing. There’s no good reason to go through this paperwork and this expense. All this Bill would do, it’ll… would be allow the Liquor Control Commission to get the information from the Secretary of State website. Would request your ‘aye’ votes.”
“Representative Lang has moved for the passage of Senate Bill 406. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lou Jones. Okay. Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 478, Representative Saviano. Does the Gentleman wish the Bill to be read? Let’s move down the Calendar to Hou… Senate Bill 479 for Representative Schock. Mr. Clerk, read the Bill.” 09400054.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
"Senate Bill 479, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Peoria, Representative Schock.”
“Thank you, Mr. Speaker. Senate Bill 479 expands to more education groups the opportunity to opt into the state’s prescription drug benefit program, specifically, educational group such as vocational education districts and special education districts. This Bill is cost neutral for the state, does not cost any additional money. Simply the school districts are having the opportunity to… to join in with the buying power of the state but any cost associated this will be bore by the districts that opt in. So, it’s just expanding it to more… more school districts and more folks in the education committee… community and it’s really an issue of equity. So, I’d urge my Members for a ‘yes’ vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Representative Franks.”
“Thank you. To the Bill. Another good Bill by Representative Schock. I think this makes perfect sense to use the state’s buying power. I just hope that this will also give impetus to the Governor to expand the I-Save RX Program. As you know, the State of Illinois is spending millions of dollars promoting a… a position to allow our citizens to buy prescriptions from overseas, from Europe and Canada, but has not availed our state employees and our school personnel to do that. The Governor’s own numbers 09400054.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 indicate that if we… if we allowed the state employees to purchase, would be approximately a hundred million dollars in cost savings per year. Now, with more of the schools involved, I presume that that number would probably go up at least 50 percent. So, this could be a way to save a hundred and fifty million dollars in our budgets and I think it’s a great idea. And I… I’d ask everyone to vote ‘yes’.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Cl… Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, let’s return to Senate Bill 478.”
"Senate Bill 478, a Bill for an Act concerning liquor. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Saviano.”
“Thank you, Mr. Speaker, for accommodating me. Senate Bill 478 is an initiative of the University of Illinois, UIC pavilion facility which would allow liquor to be served for home games at the Chicago Storm, professional indoor soccer team and the WNBA professional women’s basketball team at the UIC pavilion. This is similar to the legislation that we offered when the Chicago Bears played down in Champaign. It’s… it’s not unprecedented. It’s an 09400054.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 initiative of the university and I would ask for your favorable vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 60 voting 'yes' and 51 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 11 of the Calendar at the bottom is Senate Bill 504. Mr. Clerk, read the Bill.”
"Senate Bill 504, a Bill for an Act concerning business. Third Reading of this Senate Bill.”
“Representative Joyce.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 504 is an initiative of Secretary of State Jesse White. Senate Bill 504 will provide a new method for limited liability com… for limited liability companies, or LLCs, how they can be registered in the State of Illinois. It would keep the same method in place that exists today but would add a new category called series LLCs, where an individual may register a number of separate entities as a single series LLC, thereby significantly reducing paperwork and saving hundreds of thousands of dollars in registration fees. I’d be happy to answer any questions. I know of no opposition.” 09400054.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“This is on the Order of Short Debate. Does anyone stand in response? Representative Giles.”
“Thank you, Representative… thank you, Mr. Speaker. Will the Sponsor yield for a question?”
“He indicates he’ll yield.”
“Representative Joyce, on this LLC, what is the current fee for this charge to register an LLC?”
“The current fee is $5 hundred and that would not change.”
“That would not change?”
“That’s correct.”
“And so, I’m… I’m looking…”
“So… so the purpose of this legislation, Representative, currently someone could own ten apartment buildings.”
“Okay.”
“And they could have them registered as LLCs, all ten separately it would cost them $5 thousand. Under this legislation, they could apply for a series LLC and they would pay $750 to be in the category of series LLC… LLC and then it… under that umbrella they’d have a filing fee of a hundred dollars per building. Thus, it would cost them $1,750 instead of the $5 thousand.”
“Okay. So, the fee stays at $5 hundred when you first register in the LLC.”
“That’s correct.”
“And then if you order… if you register a series of LLCs, then we’re charging the one fee of 750.”
“That’s correct.” 09400054.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“All right. Thank you. Thank you, Mr. Speaker.”
Speaker Hannig: “Is there any further discussion? Representative Joyce to close.”
“We ask for an ‘aye’ vote.”
Speaker Hannig: “Okay. The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 62 voting ‘yes’ and 49 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, returning to page 10 in the Calendar, read Senate Bill 69.”
"Senate Bill 69, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from McLean, Representative Brady.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 69 simply as amended maintains the current 50-dollar fee and further prohibits the amount of a school district can charge for driver’s education. It simply, also, directs that the funds related to this are used for driver’s education purposes only. And I’d be happy to answer any questions.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have 09400054.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cultra. Okay. Mr. Clerk, take the record. On this question, there are 99 voting 'yes' and 14 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Moving to page 12 of the Calendar, at the top of the page is Senate Bill 511. Representative Currie will be recognized for that Bill. Mr. Clerk, read the Bill.”
"Senate Bill 511, a Bill for an Act concerning adoption. Third Reading of this Senate Bill.”
“Representative Currie.”
“Thank you, Speaker and Members of the House. This is an initiative of the Chicago Bar Association. It does two things, clarifies who is not eligible to assert paternal rights. And it clarifies that if somebody is not eligible to assert those rights that individual may not participate in adoption proceedings. I’d be happy to answer your questions and I know of no opposition to the Bill.”
“This Bill’s on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 557.” 09400054.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
"Senate Bill 557, a Bill for an Act concerning revenue. Third Reading of this Senate Bill.”
“Representative Holbrook.”
“Thank you, Speaker. Senate Bill 557 deals with tax sales and liens being filed against properties. In committee we extended up to 90 days on the filing of the lien to provide these tax buyers a window so that no one drops a last minute lien against the piece of property that they’re wanting to buy at the tax sale. This Bill is supported by Metro Counties and by the County Treasurers’ Association. I would take any questions.”
“Okay. This is on the Order of Short Debate. Well, there’s a few that wanna speak on this. So we’ll put this on the Order of Standard Debate and Representative Black is recognized. You’re on, Representative.”
“I’m sorry, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, have you tabled all the Amendments on the medical malpractice Bill that’ve debated so we can now move it as a clean Bill?”
“I’d love to.”
“Well, I… I’m just following the lead of Representative Granberg. Oh, I’m sorry. I have the wrong Bill, this isn’t 4072.”
“Yeah.”
“Representative, would you take this out of the record and call House Bill 4072?”
“I’d love to, but notes haven’t been filed yet.” 09400054.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Well, all Bills in due time. Representative, there is a considerable opposition to this Bill, I won’t belabor the point. Tax purchases’ groups thinks that this deadline will simply eliminate the number of properties that they can do a lien search on and… and if you do that then obviously, they’re not going to buy a… a piece of property without the necessary lien search. Ya know, it’s… they receive notice about two weeks prior? Right, this tax sale?”
“They… they publish…”
“And then say, in a county a little bigger than mine you could have 7 thousand properties available. Now, with this 90 day provision that you wanna add, if you can’t get the lien search done, then you aren’t gonna bid on that property. If you don’t bid on the property, then all of the municipal governments, school districts that could potentially get income from a tax buyer is… is not going to… is not going to be able to do that. So, I guess, given the fact of the process, the length of the process, why… why do you want to put this time limit on it?”
“This was actually to help them out. The original Bill that passed from the Senate 56 to 0 had no time limit on a last-minute lien being filed. So, we added this provision of 90 days to help them out. In fact, we even extended the 45 days discussed in committee to 90 days. And again, these tax properties go up, they know about ‘em for quite awhile. When the final list is published, it could be 30 days ahead, it could be 15 days ahead. Ya 09400054.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 know, I defer to the… the County Treasurers’ Association that handle these as being the experts and they are in support of this Bill just as all of the Metro Counties are. So, this was done as an extension for them. ‘Cause the original Bill didn’t have any limit on the lien and we didn’t feel that was fair, even though, the Senate in their wisdom passed it out 56 to 0. So we added on 90 days to give them a window. They’re buying these properties right now with liens that’ve been filed from municipalities 5, 6, 7, 8 years that’ve been on there. And they have not done their due diligence and then they come back to us trying to… to get these sales and errors taken care of. And where… and again, the Treasurers’ Association felt that this was getting to become a little abusive and that’s why they’ve requested this legislation and why we’ve moved it out over to here.”
“What…”
“And the 90 days was in their… at their re… request. They needed a bigger window.”
“What… what would this do to the… the… the ability to accurately and… and timely file a certificate of error, regarding the… regarding the tax sale?”
“It would put a cap that it would fall back on them to prove if it was before 90 days, if that lien was put upon then.”
“All right. Them being the tax purchaser?”
“The tax purchaser, the tax buyers, these folks that… that buy at auction.” 09400054.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“It does… does this do anything to change the notice given to the taxpayer? Does it give the taxpayer additional time to redeem the property?”
“Not to my knowledge. It doesn’t change any of that in this legislation that I’ve seen written.”
“All right. I… I think that’s an inherent weakness that we have in this entire tax purchase system in Illinois. It’s something I know many of us have tried and been unsuccessful to do. We all know of property that has been sold at tax sale, particularly, for elderly residents who just didn’t understand some of the documents that they received. I… I don’t know that this makes it any worse, but it certainly doesn’t make it any better.”
“Yeah.”
“But I… I appreciate the…”
“Yeah.”
“…your ability to answer the questions. Thank you.”
“Thank you.”
“Representative Winters.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“In our analysis, Representative Holbrook, it… it shows that the Illinois Tax Purchasers’ Association was listed as a proponent of the legislation. Is that your understanding at this point?”
“I don’t think they’re proponents. I think they’re opponents.” 09400054.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Yes. I was gonna clarify that because our… our analysis shows them as proponents and they… they, in fact, are opposed to this.”
“They’re opponents and we did do the Amendment here in the House to try to help them out with their concerns. But it… I guess, it wasn’t good enough, ‘cause they’re in opposition.”
“Yes, they… they, in fact, are lobby… lobbying this fairly heavily. Their analysis would… of… of the amended Bill would also imply that a county trustee would become an advantage purchaser in the… in the process as it would be reformed and… and kind of skew the playing field against the normal tax purchasers.”
“This Bill only addresses the liens being filed by municipalities. I don’t think it affects the trustees at all.”
“Wha… was it… was that an… was that argument against the Bill changed by the Amendment, then?”
“I don’t believe so. It was never brought up in committee, that issue, that I’m aware of about… it would set the county trustee in a better position. Then… what we’ve talked about in committee was when these government liens against the property, giving them a window for them to be filed to see whether or not there’s something against it to that where we… the… the tax sale would be stopped. And the Treasurers’ Association and Metro Counties were there, they felt that this in… didn’t help their case, but 09400054.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 we still tried to help ‘em out, the tax buyers, by adding that 90-day window for a last minute lien to be filed.”
“I did notice that one of the opponents that was listed was the Chicago Bar Association. Representative Holbrook, do you have a thing about attorneys right now?”
“Oh, boy. I don’t know why they would be so concerned unless they operate out of their county, because Cook County is exempt from them.”
“Ma… maybe their mad about some other type of legal reform that you’re trying to do that… that they just decided that any Holbrook Bill they oughta be opposed to just worrying about what you’re trying to do on other ones.”
“I can’t imagine that.”
“No further questions.”
“Representative Moffitt.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, I… I certainly wanna talk this through with ya, but I have some serious concerns about Senate Bill 557. And essentially, I think it’s what we called an unintended consequence in that we’re gonna delay getting tax money to local taxing bodies. Clearly, we’re gonna delay getting money to taxing bodies. I was a county treasurer before I had the privilege of coming down here and serving in the Illinois House. And, of course, when you collect taxes, following that due date, then you work towards having a tax sale. The tax buyers buy the taxes, 09400054.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 they’re not buying the property the day of the tax sale, they’re buying the taxes. And then that money comes into the treasurer to be distributing to all the taxing bodies. If we cause, and I believe this legislation would cause, fewer properties to be purchased by tax buyers and more of them to be purchased by the agent, then initially, there’ll be less money coming in to the county treasurer be… to be distributed. Isn’t that correct?”
“Well, all I can say is the Illinois Association of Treasurers felt this was in the best interest of the both the county and the taxing bodies to have this piece of legislation passed as they did in the Senate. We, actually, tried to help out the tax buyers by adding that 90-day window. So, the Illinois Treasurers’ Association doesn’t feel that way.”
“Representative, I wonder if may be the most appropriate thing, because I worked with you for years and we’ve worked on legislation together, but it’s my understanding the Illinois Treasurers’ Association is opposed, which is contrary to what you said. And I think it’d be good if we cleared that up because I know that you would not ever misrepresent that. But that’s… that’s from Bill Foster, we just got that information.”
“To the…”
“That the treas…”
“In committee… in committee they were for this Bill, unless they’ve changed since then.”
“Would you willing to…” 09400054.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Hold on.”
“…pull it ‘til we…”
“One minute. All right. I’ve just been informed that they may have taken a neutral or a no position on this Bill. He did not oppose the Bill in committee. He did not oppose it in the committee.”
“Well, the information I was given that they are now opposed, the treasurers, the very people who handled this. And I… and I know it just be good if we got a…”
“Okay.”
“…clarification because I know you would in no way…”
“Well…”
“…so if we could pull it from the record until we get that clarification.”
“Yeah. Speaker, could we pull this out of the record…”
“Okay.”
“…because that is change in what I was told originally. Thank you.”
“We’ll… we’ll take it out of the record at the request of the Sponsor. Mr. Clerk, would you read Senate Bill 568.”
"Senate Bill 568, a Bill for an Act concerning health. Third Reading of this Senate Bill.”
“Representative May.”
“Thank you, Speaker and Ladies and Gentlemen of the House. Senate Bill 568 is a very important Bill and I wanna dedicate this Bill in memory of Doris Virginia Sewell, who 09400054.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 was born September 7, 2004 and who died on September 9, 2004. I’d also like to do it in honor of her courageous mother, Irene Sewell, who has fought so hard for this legislation despite the great amount of personal pain it has caused her. Irene Sewell came to one of my townhall meetings to tell me of the fight to get a clean birth certificate for her deceased daughter. Our current State Law requires that after a person dies any copies of the birth certificate sent out must have stamped on it ‘deceased’, right on it. This is… causes pain to parents. For a child who dies shortly after birth, a parent often cannot get a clean birth certificate and we want to change that with this Bill. Senate Bill 568 is tightly crafted. It applies to a child who dies within 3 months of birth and only if no other copy of the birth certificate has been issued to the parent. It is for one that’s issued only by the state not the satellite offices and it must be requested in writing by the birth mother within 9 months of the birth. We have worked out every concern with the Department of Public Health and Vital Records, so that they now support the Bill along with the Attorney General. It was unanimous in the Senate in committee. Irene Sewell has collected thousands of signatures in support of Doris’s Bill. We have right here 2,240 from her community and all over the Chicago area. She traveled to committee meetings in both the House and the Senate and talked to countless Legislators to get your support and to make sure that she and hundreds of other mothers like her get the one thing 09400054.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 that is dearest to her, a clean birth certificate acknowledging the live birth of her beloved daughter. As a matter of compassionate public policy, I believe the parents of our state deserve this and I ask for your support.”
“This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, it’s obviously a… a… a tragedy, the magnitude of which no one would… would begin to understand unless they had gone through it. But let me ask you a… a procedural question. One of the ways that identity theft is… is easily obtained or easily accomplished in… in most states is that you go to the courthouse, you get into the certificates of birth records and you find someone who was born, they have identifying many times the Social Security number now, particularly, not back then, not a few years ago is on there and then they see that they didn’t live very long. And so they take that birth certificate, they forge a copy and then that helps them obtain all the other fraudulent IDs that… that they can unfortunately use for… for vari… for various and assorted ulterior motives; Social Security card which could lead to a driver’s license and on and on and on. I can understand why the parents wouldn’t wanna copy with the facts of… of the child’s death on it, but how is the official birth certificate handled in the… 09400054.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 in the courthouse in the county of birth? Is it marked ‘deceased’ or is it just open-ended?”
“Representative, the vit… the Bureau of Vital Records tells me, everyone has their birth certificate there. The original is not stamped, it is flagged. When they send out a copy, then they would stamp ‘deceased’ on it. This is tightly crafted that only the mother can request it within the 9 months. And, ya know, there are other safeguards that are put in by… like the Department of State, they no longer use the Social Security as… as… I mean, I’m sorry, the birth certificate as proof of identity. The Department of State will use it as proof of citizenship, but not as proof of identity. The Social Security Administration, also I think, has put in a lot of safeguards. A very miniscule amount of identity theft or identity fraud would… would… happens because of this, the very scenario you’re explaining. Most of it comes from a stolen wallet or someone hacking into a computer.”
“The copy of the birth certificate that that parent would get, is it an official copy with the seal embossed?”
“It is an official copy, yes…”
“Let…”
“…but it only can go to the mother after the mother has filled it, out only for a child that lived 3 months and only within 9 months of the birth.”
“Well, if… if the death occurs 90 days after birth, wouldn’t there already be a birth certificate issued? For… for somebody who… who’s 3 months, a child that lives 3 09400054.doc 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 months, ya know, when my grandchildren were born, it seems as if the birth certificate is delivered within a matter of days. I don’t understand why you’ve got the 90 days on here. If the child lives 90 days, that… that child or the parents of the child, should have, unless I’m missing something, they should already have a birth certificate.”
“No, they don’t get it automatically. I think it depends on the… on the satellite office and who’s issuing it. Like in this case, this child lived two days and they did not get a birth certificate, it was not issued. State Law required that it be stamped ‘deceased’ when they send the copy out. This would only, I think that the… the Department of Vital Records was reassured when the Attorney General assured them this would not increase identity theft or fraud and our Attorney General has been cracking down on this. This is absolutely miniscule. I mean, anyone could do it right now. This is a very small segment of the population about 800 births a year where the child dies very quickly. And I…”
“Okay. I…”
“Yeah, and I have…”
“…I’m still having… I’m still having trouble with the language in the Bill that states, ‘within 3 months’. I know for example and one of my grandchildren, we… we had… the birth certificate was given to her mother and father because I used that birth certificate and the resultant Social Security number which… which you have to do for children now at a very early age, to, quite frankly, to 09400054.doc 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 make application to College Illinois. And if you do that when the children are very, very young, obviously, it’s… it’s a better rate. So…”
Speaker Hannig: “So, Representative Black, your time has expired. Could you bring your remarks to a close?”
“Yeah, oh, all right. I… I won’t belabor the point. Obviously, the Bill’s gonna pass unanimously. If… if the… if Vital Records have given the Sponsor assurance that… that this gonna be taken care of, I… I still don’t understand the 90 days but, thank God, I’ve never had to go through what… what a parent who’s lost a child would have to go through. I… I can tell you from being a county board chairman that one of the things that bothered us, now that was a long time ago, is the number of people who come in and go through those records. And sometimes, and I don’t know why or how, I know the Sec… the State Department once commented that it was awfully easy to get a copy of a birth certificate, alter it in some manner, because they find out that the person is, in fact, no longer living and then they use that birth certificate to fraudulent obtain a passport, a Social Security number, etcetera. I… I don’t think that’s gonna be a problem in this issue. I… I trust that the Sponsor has looked into it. And certainly my sympathies would go out to any parent who had suffered a loss of such magnitude.”
“Representative Froehlich.”
"Would the Sponsor yield for a question?”
“She… she indicates she’ll yield.” 09400054.doc 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
"Yeah, Representative, do I understand correctly that the birth certificate that’s… that without the word ‘deceased’ would only be issued within 9 months of the child’s death?”
“That’s correct.”
"And after 9 months, would any subsequent issue have the word ‘deceased’ on it?”
“That is correct.”
"Okay. Thank you.”
“Representative May to close.”
“Yes, thank you and I appreciate the questions about identity theft and fraud, because that’s a serious issue. But believe me, we worked very carefully, even though, this came unanimously out of the Senate, I… I talked to the Department of Vital Records, the Attorney General’s Office and we have assurances this is crafted very tightly. It is so important. As I’ve worked on this issue, it’s so important for a mother and a father to have some record of their child’s live birth and I believe we owe that to the parents of the State of Illinois. I’d appreciate an ‘aye’ vote. Thank you.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, 09400054.doc 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 is hereby declared passed. Representative Giles, you wish us to read Senate Bill 574? Mr. Clerk, read the Bill.”
"Senate Bill 574, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Giles.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 574 creates the College and Career Success For All Students Act. Simply, what this Act will do is… is insure that the… each Illinois student has the sufficient education for success after high school and that all students have equal access to a substantial and rigorous curriculum that is designed to challenge their minds, to also enhance their knowledge and skills and prepare them for success in college and for the workforce. This Bill is subject to appropriations. There’s no opposition to the legislation at this time. Mr. Speaker, I… I will entertain any questions. I urge for an ‘aye’ vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. 09400054.doc 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Representative Reitz, shall we read 599? Mr. Clerk, read the Bill.”
"Senate Bill 599, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“Thank you, Mr. Speaker. Senate Bill 599 as amended, the Amendment strikes out everything that came over from the Senate. Changes that it will change a time frame for putting a backdoor referendum on the ballot from 1 year to 15 months. Typically it takes more than a year from the time of the referendum is submitted and the question is put to the voters. This will simply allow adequate time for these referendums to be heard. And I’d be happy to answer any questions.”
“We’re gonna… we’re gonna have the… the Clerk read the Bill again just to be correct.”
"Senate Bill 599, a Bill for an Act concerning elections. Third Reading of this Senate Bill.”
Speaker Hannig: “Okay. Representative Reitz moves for the passage of this Bill which is on Short Debate. Does anyone stand in opposition? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, would you like to be recorded? Representative Franks. Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 658.” 09400054.doc 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
"Senate Bill 658, a Bill for an Act concerning estates. Third Reading of this Senate Bill.”
“Representative Currie.”
“Thank you, Speaker and Members of the House. This is an initiative of the Chicago Bar Association supported by the State Bar and by the Department of Children and Family Services. It brings into line with Adoption Act requirements, qualifications for guardianship under the Probate Act. I’m grateful to my cosponsor Representative Eddy and especially grateful to Representative Rose who had constructive ideas during discussions about the Bill in the Judiciary Committee.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rep… Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 4 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Miller, do you wish us to read Senate Bill 6… 763? Okay. Mr. Clerk, read the Bill.”
"Senate Bill 763, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill.”
“Representative Miller.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 763 just simply changes the date from 09400054.doc 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 November 15 to December 15 of the… of retir… of the… the… the Illinois General Assembly Retirement Board System. Just essentially just so they can meet after Veto Session. It’s technical. I’d ask for a favorable vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Howard, shall we read 768? Mr. Clerk, read the Bill.”
"Senate Bill 768, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“The Lady from Cook, Representative Howard.”
“Yes, thank you, Mr. Speaker. Senate Bill 768 amends the Interagency Coordinating Council Act to require that that Council to develop a comprehensive plan to increase the availability of school personnel who are transition specialists. These are persons who through their education and training, have a comprehensive understanding of requirements for transition planning and transition services for students with all types of disabilities and are aware of the array of options available to students with disabilities after they exit high school. I don’t 09400054.doc 104 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 think there is any opposition to this Bill. I appreciate all ‘green’ votes. Thank you.”
“This is on the Order of Short Debate. Does anyone speak in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 780.”
"Senate Bill 780, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Burke.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 780 as amended reflects an agreement with United Way, Special Olympics, and the State Comptroller’s Office that lowers the annual eligibility threshold for the state’s payroll deduction program from 500 to 250 per year. New charities will still have to meet the 4 thousand signature requirement prior to being eligible for the program. It also contains a provision that allows Special Olympics to still be part of the SECA for the upcoming solicitation period, even though, they missed the 500 threshold this year by just 42 contributors. The legislation is similar to House Bill 2244 that passed the floor with 115 votes. That legislation required a 09400054.doc 105 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 charity to obtain 250 contributors only once in a 3-year period. This Amendment removes that grace period and keeps it at a flat 250 for each year. And I’d be happy to answer any questions.”
“This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, was there no way to work out a compromise with the United Way so that they would’ve removed their opposition?”
“This is the agreed language, United Way has participated.”
“It says that in committee they slipped it and said they were opposed. Do you know that… if that’s changed?”
“Yes, it has. They are in favor of this legislation now.”
“Very good. Thank you.”
“Representative Burke to close.”
“Thank you, Mr. Speaker. I’d just ask for a favorable vote.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, 09400054.doc 106 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 is hereby declared passed. Mr. Clerk, read Senate Bill 833.”
"Senate Bill 833, a Bill for an Act concerning local government. Third Reading of this Senate Bill.”
“Representative Ryg.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 833 extends the mature… maturity date for the TIF district in Wheeling that’s needed to complete projects, including acquisition of property and redevelopment. The terms of the agreement were negotiated between the village and the schools to benefit the schools. And I ask for your support.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Represent… Representative Stephens, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. And Mr. Clerk, read Senate Bill 966.”
"Senate Bill 966, a Bill for an Act concerning housing. Third Reading of this Senate Bill.”
“Representative Ryg.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 966 is an agreed Bill which addresses the concerns of those municipalities who are nonexempt 09400054.doc 107 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 under the Affordable Housing Planning and Appeals Act. The Bill as amended provides the counties and municipalities may use their zoning powers to require the creation and preservation of affordable housing. It creates new tools that will allow nonexempt municipalities to enter into intergovernmental agreement with another local government to create new units of affordable housing in that community. Credit will be applied and will allow the municipalities with limited development opportunities within their borders to comply with the intent of the Act. Nonexempt local governments are also authorized to use Community Land Trust and Housing Trust Funds to create and preserve affordable housing units and accept donations of money or land. The appeals board must be created before January 1, 2008 and the appeals process has been clarified, providing that review is based on whether a development was unfairly denied or had unreasonable conditions placed on it. Standards are also outlined for a view of a developer’s allegations under the appeals process. This legislation as amended offers the flexibility that was requested by the local governments to comply with the original intent of the Act to promote affordable housing options. I know of no opposition and ask for your support.”
“This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.” 09400054.doc 108 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Representative, on this fund, on this that has been… been developed under your… which can accept either property or… or money. Can it also… can the local municipality vote to put in taxpayer money?”
“I’m sorry?”
“Can a local community vote and take taxpayers’ money and put it into that account or is it only outside donations?”
“The Community Land Trust would provide that the local government can acquire developed or undeveloped interests in real property. Oh wait, I’m sorry, that… that language is amended… I’m sorry, that specific language was amended, so let me get you the correct wording. They may acquire developed or undeveloped interests in real property and hold them for affordable housing purposes conveying such interests under longterm leases including ground leases. Convey such interests for affordable housing purposes and retain an option to reacquire any such real property interests at a price determined by a formula insuring that such interests may be utilized for affordable housing purposes.”
“Can the local municipal government through the trustee’s action vote to take money out of the General Fund of that municipal government and put it into this account or is it only for outside donations from individuals?”
“I believe that authority would be no different than they would have currently. This would not change the process by 09400054.doc 109 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 which… which they could set up a Community Land Trust Fund.”
“Can they then do that, in your opinion?”
“I’m not sure of the specifics. I know Home Rule communities have that authority currently.”
“Under your legislation, does it expand it and allow them to put the money into that account?”
“It doesn’t change their underlying authority to do that.”
“But this is a… you’re creating a new account. Right? A housing trust fund, isn’t that your Bill does?”
“This… this just expands options, but it doesn’t change their underlying authority in terms of their use of the taxing authority they have.”
“So, therefore, you’re saying they can use taxpayers’ money and put it into… into this housing trust fund?”
“If they can now, yes. If they can’t, no.”
“Well…”
“But if… this expands the authority for them to have options, it doesn’t change their taxing authority…”
“I’m not asking that…”
“…or their ability to use tax funds.”
“…I’m not asking that question. My… my question simply is, can a village board vote to put a million dollars into your housing trust fund of taxpayer money, can they do that?”
“Is they can now, yes. If they can’t now, no.”
“So, it doesn’t allow them to do that. It is with just… whatever their current statute…” 09400054.doc 110 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“It doesn’t change.”
“Okay. So, I guess, you really don’t know if that can be done. So, I guess, I’d be curious to find out. Maybe somebody on staff can tell if this could be used by a… by a county or municipal government or a township can take taxpayer money and put it into a housing trust fund. We don’t know if they can under your legislation here… you’re forming this trust fund, you oughta know what they can and cannot do with your new trust fund. And I’d be curious to find out myself. Thank you.”
“Representative Ryg to close.”
“Thank you, again. This was an agreed Bill that was in response to the request of the local governments to offer them the flexibility needed to meet the intent of affordable housing. And again, I ask for your support.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Brauer, do you wish us to read 1119? Mr. Clerk, read the Bill.”
"Senate Bill 1119, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.”
“Rep… Representative Brauer.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This law or this Bill here prohibits a person from 09400054.doc 111 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 operating a motor vehicle that is equipped with registration plates covers. Right now, only tinted registration plate covers are prohibited. This will prohibit all of them. Committee Amendment #1 adds to the Bill, this provides that when closure of a at-grade railroad crossing to public use the ICC shall consider the status of crossings as an element of a bicycle and pedestrian trail funded under the Federal Transportation Equity Act of the 2001 (sic-21st) century and its other Acts. I’ll answer all questions.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting 'yes', 2 voting 'no' and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1210.”
"Senate Bill 1210, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.”
“Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 1210 addresses a problem that we’ve had in our area with people coming into cemeteries and attacking, threatening, and harassing our cemetery personnel. This is a… this has been ongoing problem no… not only that, they also vandalize some of the monuments. And this Bill 09400054.doc 112 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 addresses that. And what it does is it… it provides a list of offenses which constitute Class A misdemeanors and then a Class IV felony for subsequent offenses. I would ask for its approval. Thank you.”
“This is on the Order of Short Debate. And in response, the Gentleman from Vermilion, Representative Black.”
“Mr… Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Skip, I apologize, I didn’t have time to come back and talk to you when this popped up. By the way, happy birthday. Can you define ‘authorized access’ for me? I mean, I don’t need permission or something like that if I… I often go to the cemetery where my mother is buried and, ya know, they don’t have anybody there to watch the place and… and they don’t gate it. So I’m assuming that if I have a family member buried in that cemetery that would be… if somebody does come in and stop me, I assume then I have authorized access to visit my mother’s grave. So, there’s…”
“I think…”
“…there’s no catch here and no hook about…”
“No.”
“…authorized access?”
“No, not at all. I think that implies authorization to be there.”
“Okay, fine. Thank you.”
“Representative Saviano to close.” 09400054.doc 113 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Would ask for your approval. Thank you.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1219.”
"Senate Bill 1219, a Bill for an Act concerning property. Third Reading of this Senate Bill.”
“Representative Saviano.”
“Thank you, Mr. Speaker. Senate Bill 1219 is the companion Bill which we previously passed for the West Central Municipal Conference which… which gives authority to communities to inspect buildings which are converting from apartments to condominiums. It’s… it gives ‘em greater inspection authority. This is a situation in my communities which is a trend that is… has become very prevalent in older apartment buildings being converted to condominiums. This is an initiative of the West Central Municipal Conference and my local communities. And I would ask for its approval.”
“This is on the Order of Short Debate. And in response, Representative Bill Mitchell. No, okay. Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who 09400054.doc 114 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 wish? Have all voted who wish? Representative Eileen Lyons, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 1220?”
"Senate Bill 1220 is on the Order of Third Reading.”
“Okay. Let’s move that back to the Order of Second for the purposes of a Motion. Representative Rita would move that the House table Committee Amendment #1. Is there any discussion? Then all in favor of the Gentleman’s Motion to Table, vote ‘aye’; opposed ‘nay’. The voting is open. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting ‘yes’ and 0 voting ‘no’. And the Gentleman’s Motion prevails. Mr. Clerk, is there an… any further Amendments?”
"No Floor Amendments. No Motions filed.”
“Third Reading. Do you wish us to read the Bill? Mr. Clerk, read the Bill.”
"Senate Bill 1220, a Bill for an Act concerning health. Third Reading of this Senate Bill.”
“Representative Rita.”
“Thank you, Mr. Speaker. Senate Bill 1220 is an initiative of AARP which addresses the… to insure that elderly are receiving the needed influenza and pneumonia 09400054.doc 115 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 vaccinations by requiring home health nurses to give these vaccinations under the CDC guidelines to their clients age 65 or older. There’s not cost to this. Medicare underwrites the cost and there’s no known opposition. In 2003 nursing homes were required and 2004 assisted living facilities were required. Be happy to answer any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, clarify some… something I’m confused about. Does this require them to go to that individual’s home or nursing home or…?”
“It… it doesn’t require… what it does is gives them the authority while they’re there already taking care of ‘em that they would do this in… while they’re already doing… taking care of that patient. So, it doesn’t… doesn’t make ‘em where it’s required where they have to go out to them. They’re already taking care of these patients. Just gives them the authority.”
“Okay. And obviously… obviously, this senior citizen, those over 65 and I’m closing in on that myself, you could still refuse. You… you don’t have to get a flu shot, if you don’t want it. Right?” 09400054.doc 116 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“No. You… you don’t… you’re not required that you have to do it. You could…”
“Now, what… what does this do with the normal protocol where people not 65 but who may have some immune deficiency? Does this mean you have to use all existing vaccine on 65 and older? I’m trying to make sure that various categories of people will still have access to flu vaccine. And as you recall the debacle last fall, when there was an apparent shortage, Illinois ordered vaccine that was never delivered, etcetera, etcetera, etcetera. But I’m trying to see if what… if… if what… is there anything in this Bill that puts in statute those 65 and older get first the… the… I guess, you’d call it the right of first refusal and then those who’ve had pneumonia or have immune… serious immune deficiencies, who may only be in their 20s or 30s, they can then get it if there’s anything left.”
“It… what it would do is recommend that they would do that if… for 65 or older, wouldn’t just give it to the 65 or older and leave the ones, as you stating, younger people, wouldn’t be able to get the vaccines… vaccinations.”
“Well, ask… ask your staff and I’ll… I’ll ask ours. There’s some language in here that says, requires home health nurses to give vaccinations under… under CDC guidelines to their clients age 65 and older. And if that’s a requirement, then in a smaller county like mine, with an aging population, the existing flu vaccine may be 09400054.doc 117 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 used up. It’s the… it’s the word ‘require’ that I’m having a little difficulty with.”
“See, generally, these are covered medical services already, so… under Medicare. So, we’re trying to… Rephrase your… what are you exactly looking at, the required that that no one else would be able to get these vaccinations, is what you’re saying?”
“Well, wait, let me… Mr. Speaker.”
“Yes, Representative Black.”
“…Representative…”
“Could… could we take this out of the record…”
“Yeah, just for about 5 mintues…”
“…’til we get this…”
“…so I can take to our staff, you can talk to yours.”
“Yes.”
“I’m a little confused over the word ‘require’.”
“We’ll… we’ll take it out of the record.”
“Thank… thank you, I appreciate your indulgence.”
“We’ll let everyone confer and then we’ll come back to it. On the page… on the top of page 13 is Senate Bill 1230, Representative Graham. There she is. Mr. Clerk, read the Bill.”
"Senate Bill 1230, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.”
“Representative Graham.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have before you Senate Bill 1230 which is an initiative of the Cook County Sheriff’s Office. It amends 09400054.doc 118 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 the Criminal Code of 1961. A person who knowingly produces, sells, or distribute a law enforcement badge without the express written consent of the law enforcement agency represented on the badge, or in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency is guilty of a Class A misdemeanor. A second subsequent violation of this section is a Class III felony. It also provides… it also provides that it’s… it is a defense of a prosecution under this Section that the law enforcement badge is used or intended to be used exclusively as a memento or in a collection or exhibit or for decorative purses… purposes or for dramatic presentation, such as a theatrical, film, or television production. I’ll take any questions at this time.”
“This is on the Order of Short Debate. And in response, Representative Sacia.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“I stand in strong support of the Lady’s legislation. When she initially brought this com… to committee, it had many problems and she’s worked very, very hard to get the law enforcement community behind her with… with several changes that they initially made to this legislation. This is good legislation. It does not in any way affect an individual who is a collector. It only addresses those individuals who would illegally use a law enforcement officer’s badge or a representative of a law enforcement 09400054.doc 119 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 officer’s badge. It’s good legislation and I encourage an ‘aye’ vote.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brauer, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Meyer, do you wish us to read 1234? Mr. Clerk, read the Bill.”
"Senate Bill 1234, a Bill for an Act concerning sex offenders. Third Reading of this Senate Bill.”
“Representative Meyer.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1234 is an initiative of Attorney General Lisa Madigan in conjunction with the Illinois Sex Offender Registry Team known as ISORT which is made up of law enforcement offices throughout the state. Senate Bill 1234 gives law enforcement critical tools to insure that sex offenders comply with the Illinois Sex Offender Registry and will result in more noncompliance sex offenders being located, charged, and convicted. The Bill contains four key provisions. First, it cuts the registration grace period in half. Sex Offenders will be required to register with law enforcement within five days of sentencing or release from prison instead of ten days. Second, it enhances cri… registration cycles for sex 09400054.doc 120 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 offenders who violate the Act. Sex offenders who are convicted of violating the Registry Act after July 1 of this year, will be required to register every 90 days. Third, it enhances the penalty for repeat violators after July 1 of this year. Second subsequent convictions of violating the registry is a Class II felony verses a Class III felon… felony currently. And fourth, it provides notification to schools of juvenile sex offenders enrolled there. It requires the local law enforcement agency to provide a copy of the completed sex offender registration form directly to the schools in which it says… school in which the se… juvenile sex offender is enrolled.”
“The Gentleman has moved for the passage of Senate Bill 1234. It’s on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1294.”
"Senate Bill 1294, a Bill for an Act concerning revenue. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from DuPage, Representative Biggins.”
“Yeah, thank you, Mr. Speaker and Members of the House. Following the fatal fire at the Cook County Administration 09400054.doc 121 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Building in October of 2003, the City of Chicago adopted an ordinance that requires the installation of certain fire… sprinkler systems and other preventative and safety measures. While in older building this presents this retrofitting, presents more of a financial burden. And so, this Bill is deemed necessary to give a financial incentive to the building owners and… and to modify these buildings and bring them up… up to code and make ‘em as safe as… as the public desires to have them. There is, however, no obligation by the City of Chicago in any of the payment off of these and it does… strictly the responsibility of the building owners. Be glad to answer any questions and would request an ‘aye’ vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 62 voting 'yes' and 50 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rose, you wish us to call 1495? Mr. Clerk, read the Bill.”
"Senate Bill 1495, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.”
“The Gentleman from Champaign, Representative Rose.” 09400054.doc 122 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“Thank you, Mr. Speaker. Senate Bill 1495 provides that if a defendant is convicted of aggravated driving under the influence of alcohol, drugs, or intoxicating compounds because his or her DUI violation… excuse me, violation was the cause of the death of one or more persons, the defendant shall be sentenced to a term of imprisonment, unless the court determines that extraordinary circumstances exist and require probation. I would ask for favorable adoption of Senate Bill 1495 by this Body. Thank you.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan, you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes', 0 voting 'no', and 1 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Colvin, would you wish us to read 1509? Mr. Clerk, read the Bill.”
"Senate Bill 1509, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Colvin.”
“Thank you, Mr. Speaker. House… Senate… excuse me, Senate Bill 1509 provides that when a felon has violated the terms of his mandatory supervised release for a felony 09400054.doc 123 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 and is incarcerated in county jail pending the resolution of his parole violation, the Illinois Department of Corrections shall pay the county in which the jail is located one-half of the cost of his incarceration. The genesis behind this Bill is that oftentimes there are felon… parole violators who are remanded back to custody who should be shipped back in a timely fashion to the Illinois Department of Corrections to that state institution, sit in county jails and languish there at the great expense of counties across the state. What we’re simply trying to do here is to balance out that inequity in the hopes that the Illinois Department of Corrections move these parole violators back to prisons much quicker and when they don’t that they share the cost of housing these prisoners in the… in the hundred and two counties in the State of Illinois.”
“The Gentleman moves for the passage of Senate Bill 1509. This is on the Order of Short Debate. And on that question, Representative Lindner’s recognized.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“There was a lot of discussion in committee on this because the Department was saying that it does pick up people right away and in Cook County you were saying that they don’t. But is this a problem outside of Cook County? What have you heard from other counties?”
“Well, last year when I… I presented this Bill as a House Bill and it passed both out of Jud II Committee and 09400054.doc 124 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 the House unanimously. I heard from the Illinois Sheriffs’ Association which was in support of this legislation that the Sheriffs’ Association for the entire state. The problem is more acute in Cook County given its size and the number of prisoners who are remanded from state prisons who are paroled back to Cook County but the problem exists statewide.”
“But have you heard from other counties on this or just Cook County?”
“Well, Metro Counties were in support of this Bill this year in… in committee. There may have been one or two other organizations but I can’t recall right now, but they were in support in committee.”
“All right. How… how long is the average that somebody usually stays?”
“It’s unknown to me. It’s… it’s unknown to me, but oftentimes it could be anywhere from several days to several months, depending on the, I guess, the pending charges or what have you. But the problem is many times they can’t be immediately remanded back to state prison for… for pending charges on… on… on new offenses or what have you. But just dealing…”
“Okay. Thank you.”
“…go ahead, I’m sorry.”
“All right. Thank you.”
“Representative Colvin to close.”
“I’d just appreciate an ‘aye’ vote. Thank you.” 09400054.doc 125 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1626.”
"Senate Bill 1626, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“Representative Mendoza.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill simply amends the School Code to allow an advanced practice nurse or a physician assistant to conduct employee physical fitness exams and issue certifications for employees’ sick leave when authorized by a supervising physician. I just have the Body know that currently nurses can perform these services for students. However, the School Code was not updated to allow them to also examine school employees. Be happy to answer any questions but would ask for a favorable vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a 09400054.doc 126 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Constitutional Majority, is hereby declared passed. Representative Hoffman. Representative Hoffman, do you wish us to read 1627? Mr. Clerk, read the Bill.”
"Senate Bill 1627, a Bill for an Act concerning employment. Third Reading of this Senate Bill.”
“Representative Hoffman.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill would provide for the Family Military Leave Act and would provide for military leave and entitled employees up to 30 days of unpaid family military leave during the time federal or state deployment orders are in effect. The employee must give at least 14 days notice that the leave will consist of 5 or more consecutive work days. For the leave of less than 5 consecutive work days, they must also give some type of advance notice. This also indicates and provides that… that… that the employees entitled to this program they get 15 days for employees of businesses employing 15 to 50 employees and 30 days of this leave for employees if there are only… only… if there are over 50 employees. I know of no opposition to the Bill.”
“This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black, yeah.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, staff was pointing out to me that the way the Bill is drafted if you… you looked up very 09400054.doc 127 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 carefully and strictly and interpret the language, that it would seem that a… a… an employer with exactly 50 employees would be exempt.”
“That was raised in committee and the… I had the lawyers look at that and they didn’t agree with that.”
“Is it… is it your intent… What would your intent be on… on that particular question of… of… of where the cutoff actually happens?”
“Yes, from fif… from 15 to 50. So at 50, you only get 15 days of unpaid leave. More than 50, you get 30 days of unpaid leave. That’s the intent.”
“Okay. So, if… if you’re at the 50 threshold, it’s one criteria for leave. If you then have 51 employees or more, you’re at the other threshold.”
“Yes.”
“All right. Fine. Thank you very much.”
“Yes.”
Speaker Hannig: “Any further discussion? Representative Hoffman to close.”
“Yes, I would ask for a favorable Roll Call.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1629.” 09400054.doc 128 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
"Senate Bill 1629, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Lyons.” Lyons, J.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1629 allows the currency exchange to meet their bonding requirement by submitting evidence that the licenses (sic-licensee) is covered by a blanket bond that would cover multiple licenses (sic-licensee). Now, the blanket bond must be… must insure the license (sic- licensee) against loss of theft, robbery, or forgery. It must be issued by a bonding company authorized to do business in Illinois. And it must be in principal… it must be the principal sum of the amount equal to the maximum amount required under this section for any one license (sic-licensee) covered by that bond. There’s been no opposition in… in our committees or over in the Senate. We ask for your favorable vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative… Okay. Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1638.” 09400054.doc 129 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
"Senate Bill 1638, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“Representative Flider.”
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1638 allows a school board to appoint a student member in an advisory capacity, if the board deems it appropriate to do so. This is permissive legislation. The student member’s term is to be determined by the board of students as… as amended by this first Amendment to this Bill. Students may not participate in executive sessions and nor may the board grant a student voting privileges. I’d ask for you’re ‘aye’ vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Biggins, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Miller, shall we read 1651? Mr. Clerk, read the Bill.”
"Senate Bill 1651, a Bill for an Act concerning public aid. Third Reading of this Senate Bill.”
“Representative Miller.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1651 is an initiative from JCAR in 09400054.doc 130 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 regards to changing supportive living facilities from a demonstrated program to a permanent program. I ask for a favorable vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lyons, do you wish us to read Senate Bill 1654? Have you… Mr. Clerk, read the Bill.”
"Senate Bill 1654, a Bill for an Act concerning finance. Third Reading of this Senate Bill.” Lyons, E.: “Thank you, Mr. Speaker. Senate Bill 1654 amends the State Prompt Payment Act and provides that state agencies are prohibited from delaying the review of bills or submittal of bills to the Comptroller for payment by vendors unless a defect in the bill is identified. What happens is many of our providers call us Legislators to say that they are not being paid by the state. We call the agency, the agency says they have submitted the Bill to the Comptroller’s Office. We call the Comptroller’s Office and the comptroller says, we have not received the Bill. This is to make sure that we do not balance the budget on the backs of our providers who are… contracting with the state. I would ask for your affirmative vote.” 09400054.doc 131 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Washington, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1660.”
"Senate Bill 1660, a Bill for an Act in relation to public employee benefits. Third Reading of this Senate Bill.”
“Representative McCarthy.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1660 amends the downstate teacher article of the Illinois Pension Code. It allows that a teacher who’s on a disability pension if they are physically able to go back to work would be allowed to go back to work in a teaching position without losing any of their benefits. There is the caveat in there to make sure that the amount of money they would earn, if it’s added to their pension annuity, would never be more than what they would… what the annuity is based on. So, there is a hundred percent guarantee in there. There was no opposition. It is an initiative of TRS and I’d appreciate your support.” 09400054.doc 132 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rep… Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mathias, shall we read 1665? Mr. Clerk, read the Bill.”
"Senate Bill 1665, a Bill for an Act concerning aging. Third Reading of this Senate Bill.”
“Representative Mathias.”
“Thank you, Mr. Speaker. Senate Bill 1665 is identical to House Bill 2461 which passed the House previously with no ‘no’ votes. It basically allows the Department of Aging to provide training to case managers to assist family caregivers for adults over 18 who are disabled. In other words, it would help those people who are elderly themselves take care of their adult children. I ask for your ‘aye’ vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no', 1 voting ‘present’. And this Bill, 09400054.doc 133 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read the Agreed Resolutions.”
Clerk Mahoney: "Agreed Resolutions. House Resolution 464, offered by Representative Lou Jones. House Resolution 465, offered by Representative Mautino. House Resolution 467, offered by Representative Ryg. House Resolution 468, offered by Representative Jakobsson. And House Resolution 469, offered by Representative Jakobsson.”
“Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Agreed Resolutions are adopted. Mr. Clerk, would you read the Adjournment Resolution.”
“House Joint Resolution #60. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Friday, May 20, 2005, the House of Representatives stands adjourned until Monday, May 23, 2005 at the hour of 2:00 p.m.; and the Senate stands adjourned until Monday, May 23, 2005.”
“Representative Currie moves for the adoption of the Adjournment Resolution. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it… have it. The Adjournment Resolution is adopted. Just a few announcements from the Chair. Just… for everyone, if they could pay attention for just a couple of announcements. First of all, Bills on the Calendar will be extended to the end of May, 5/31/05. And Members should be prepared to 09400054.doc 134 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 stay through next weekend. So, when you return on Monday be prepared to stay. Are there any other announcements? Okay. So now, allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned until Monday, May 23, at the hour of 2 p.m., 2 p.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the House stands adjourned.”
“House Perfunctory Session will come to order. Referred to House Committee Rules is House Resolution 463, offered by Representative Osmond. House Resolution 466, offered by Representative Acevedo. House Bills-Second Reading. The following House Bills are read a second time and held on the Order of Second Reading. House Bill 3302, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3308, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3311, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3315, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3325, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3337, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3345, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3346, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3349, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3350, offered by 09400054.doc 135 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Representative Cross, a Bill for an Act making appropriations. House Bill 3353, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3355, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3367, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3370, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3371, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3375, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3377, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3380, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3385, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3386, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3391, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3393, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3397, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 3871, offered by Representative Turner, a Bill for an Act concerning State Government. House Bill 3905, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3395… 96, offered by Representative Madigan, a Bill for an Act making 09400054.doc 136 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 appropriations. House Bill 3907, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3909, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3910, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3911, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3912, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3913, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3963, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3964, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3965, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3966, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3972, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3974, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3975, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3976, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3977, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3978, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3960… House Bill 3988, offered by Representative 09400054.doc 137 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/20/2005 Madigan, a Bill for an Act making appropriations. House Bill 3989, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3990, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3991, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3992, offered by Representative Madigan, a Bill for an Act making appropriations. And House Bill 4024, offered by Representative Hamos, a Bill for an Act concerning aging. There being no further business, the House Perfunctory Session will stand adjourned.” 09400054.doc 138