Illinois House Floor Debate — May 27, 2005

“Thank you, Speaker. Please let the record show that Representatives Collins and McKeon are excused today.” Speaker Lyons, J.: “Thank you, Representative. Representative Bost.”

“…draw Amendment #2.” Speaker Lyons, J.: “Representative Rita chooses to withdraw Amendment #2. Withdraw… Representative Rita.”

“…right now.” Speaker Lyons, J.: “Pardon me, Sir?”

“Can we take this out of the record, ‘cause we were waiting for another Amendment.” Speaker Lyons, J.: “Take the Bill out of the record. Representative Parke, on page 8 we have Senate Bill 502. Mr. Clerk, read the Bill.”

“Thank you, Speaker, Ladies and Gentlemen. This is… this is the Governor’s… what’s called the IRID Bill. Illinois Removes Illegal Dumps. I’d like to take this out of the record.” Speaker Lyons, J.: “Mr. Clerk, for the moment, we’ll take that Bill out of the record. Mr. Clerk, on page 5 of the Calendar, Representative Tom Holbrook has House Bill… Senate Bill 557. Representative Holbrook. Read the Bill, Mr. Clerk.”

“Thank you, Speaker. Speaker, I filed the paperwork to table this Bill. Th… it’s in the back to take it out, completely off the agenda. I filed the paperwork earlier today to have this Bill tabled. Table the Bill.” Speaker Lyons, J.: “Representative Holbrook makes a Motion to Table Bill 557. Any discussion? Seeing none, the question is, should… Representative Parke, do you wish to speak to Senate Bill 557? Motion to Table.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1623 is the consular ID card that was introduced in committee yesterday. It came out on the Attendance Roll. Simply stated, this is a matter that would identify individuals that exist in our society giving very, very specific information with respect to who they are, where they’re from. There is a very, very specific identification that’s encrypted in this identification card. This is not anything having to do with driver’s… driver’s licenses. This is not an entitlement. It is simply for law enforcement to be able to identify individuals and giving people who are in our country without citizenship the opportunity to have a specific identification. I’d be happy to answer any card… any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“From the consulate of their country.” 09400059.doc 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“The consular, si, yes.”

“Yes, Sir.”

“The list is very, very long.”

“Pardon me?”

“No, Sir.”

“They are.”

“Yes, Sir.”

“I have the list in front of me, if you care…”

“I’d be happy to read them.”

“Pardon me?”

“Yes, Sir, in support.”

“Yes, Sir.”

“Representative Parke, permit me to respond to your suggestion that there were 13 Members of the Senate voting ‘no’. That question was asked in committee…”

“…yesterday…”

“…and my response was that there may be some confusion with respect to this issue. There is no entitlement. There is no licensure. There is nothing given to these individuals other than specifically identifying them in very, very technical fashion. There’s a hologram that’s incorporated into this ID card. There are fingerprints incorporated into this ID card. There are encrypted codes that would immediately identify this individual and separate them from the general population. That is the reason that law enforcement is so encouraged by this identification card. You will be able to separate this individual as that person, rather than being one who has no identity. Do you understand the number of man hours that 09400059.doc 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 are involved when there is an arrest made to identify one in this society? This card will give law enforcement the opportunity to specifically identify that character.”

“Let me respond to that, Representative, because the U.S. Treasury, under the Patriot Act Section 326, considers the consular ID card a valid form of identification for financial transactions. So, please, be careful. The Federal Government is acknowledging this identification card.”

“If you are talking about the issue of driver’s license, certainly I would understand that they would not I… recognize it. We are asking, through this legislation, that our government, whether it be federal or local, in this instance certainly the State of Illinois government to acknowledge this as a proper form of identification.”

“Can you be specific, in what respect?”

“Yes, Sir. The whole point of the… the Bill is to acknowledge these individuals and identify them with this card, this matricular con… But it is not going to be used for driver’s license.”

“And it does not establish residency.”

“That is correct.” 09400059.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Yes, Sir.”

“Yes, and there are ingredients in this legislation that use the Mexican government’s identification card, the matricula consular, that is our ultimate identification form. They’re very, very sophisticated and very technical encryptions in their particular identification card, much more so than any other of the foreign governments that would issue the matricula consular.”

“Yes, Sir. There will be a database in all of the foreign governments where law enforcement can communicate and specifically identify these individuals.”

“Thank you, Mr. Speaker. Senate Bill 1233 it… essentially takes it… it gives a tax credit, a fuel tax credit, for undyed diesel fuel for people that use that. This is an initiative more of the UPS. We worked with the Department of Revenue, with the Governor’s Office. We’ve had a number of people involved in this process. People through the work of people like Bob Herbert that worked at UPS has been instrumental in trying to move this language forward. I’d really like to thank Bob for all his work and 09400059.doc 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 in making sure that we were able to get the information to people to make sure they understood this. But this is a… a reasonable tax credit. It allows for a credit on fuel that’s used within their properties. It’s not used on any roads whatsoever and I’d appreciate an ‘aye’ vote.” Speaker Lyons, J.: “Is there any discussion on Senate Bill 1233? Seeing none, the question is, ‘Should Senate Bill 1233 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Osterman. Harry. Would you like to recorded? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 5 of the Calendar, Representative Osmond has Senate Bill 1738. Out of the record. Mr. Clerk, on page 6 of the Calendar, Representative Hultgren has Senate Bill 1776. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1832 requires that gun dealers sell trigger locks with hand guns. There’s no opposition to this legislation. This is the exact same Bill of House Bill 1349 that we’re running again in Senate Bill 1832. And I’ll take any questions at this time.” Speaker Lyons, J.: “Is there any discussion? Seeing none, the question is, ‘Should Senate Bill 1832 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin, wish to vote? Granberg. Representative Granberg, like to be recorded? Mr. Clerk, take the record. On this Bill, there are 77… 76 Members voting ‘yes’, 39 Members voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar, Representative Giles has Senate Bill 1853. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1853 does a couple things. One, the initial thing that it does is… it’s an initiative of the State Board of Education. The goal is to increase fina… financial accountability within the various school districts. This piece of legislation, there’s no opposition to it. The second part of the legislation I will let Representative Mark Beaubien explain the other part of the legislation. All the language is agreed language. And at the proper time I ask for its passage. I will yield to Representative Beaubien to explain the other part of the legislation.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Lake, Representative Mark Beaubien.”

“Thank you, Mr. Speaker. I’d like your support for Senate Bill 1912. This is a Bill that has to do with the interest rate index that will be used for calculating an earnings credit for the public utilities company. In 1997 we passed the Electric Deregulation Bill that tied the interest rate index to the 25-year Treasury Bill… the earnings to the 25-year Treasury Bill Index as published by the Federal Reserve. The problem was, the Federal Reserve stopped publishing that index. This forces us to then pick another index and the Bill as amended provides that the earnings credit will be based upon the lower of the 20-, 25-, or the 30-year index. I’d be happy to answer any questions regarding this matter.” 09400059.doc 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 Speaker Lyons, J.: “The Chair recognized the Lady from Cook, Representative Carolyn Krause.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 1962 is a proposal that is very similar to House Bill 2941. It passed unanimously out of this chamber earlier this spring. This legislation, which also passed unanimously through the Senate, requires purchasers of a taser or a stun gun to have a current valid Firearm Owner Identification card. In addition, there would be a 24-hour waiting period between the time of purchase and the time of the delivery or the… of the stun gun or taser. This legislation… and there was… there’s also we added an Amendment yesterday that Representative Stephens put on to require a one-hour training before purchasing one of these items. This legislation enjoys the support of a unusual coalition including the Illinois State Police, the Illinois State Rifle Association, and the Illinois Coalition(sic- Council) Against Handgun Violence. Tasers have recently come under increased scrutiny. They are powerful tools that can make their targets incapable of normal functioning. We need to assure that those who obtain these have undergone a background check and waited at least 24 hours before purchase. These are reasonable restrictions and protections for obtaining a taser and I ask for your support.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Bond, Representative Ron Stephens.”

“That’s correct.”

“Yes.”

“No, it does not.”

“There… there… well, depends on what you mean by carry. You’re allowed to, I believe, own one. Allowed to have it in your home or your place of business and in a vehicle if it is inaccessible or broken down.”

“Which would be the same as for a firearm.”

“That is still true.”

“Well, Representative I… I believe that there are… there are a lot of studies going on about that right now. And I think… and I believe we would need a little bit more study of that before we would co… draw that conclusion completely.”

“Thank you, Representative.” Speaker Lyons, J.: “Mr. Black. The Chair recognizes the a Gentleman from Vermilion, the light is on. Any further discussion? Seeing none, the question is, ‘Should Senate Bill 1962 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 115 Members voting ‘yes’, 0 voting ‘no’, 1 Member voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, Representative Schmitz has Senate Bill 2038. Read the Bill, Mr. Clerk.”

“Out of the record, I have to ask the Chair.” Speaker Lyons, J.: “Mr. Clerk, take this Bill out of the record. On the Order of Senate Bill-Second Reading, on page 9 of the Calendar, Representative Julie Hamos has Senate Bill 1446. Read the Bill, Mr. Clerk.”

“Thank you. Ladies and Gentlemen, this… the underlying Bill is about what’s called a QILDRO which is a certain kind of… a divisions of pensions in a domestic relations plan. This Floor Amendment is purely technical and it is being introduced at the request of several of the pension systems. And that’s all this does. I know we’ll be getting to the underlying Bill.” Speaker Lyons, J.: “Any discussion on Floor Amendment #2? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“I am literally told that all this technical Amendment does is to change some words within the underlying Bill to make them con… internally consistent. That’s what I have 09400059.doc 30  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 been told. That the pension systems requested to secure their support.”

“This… the underlying Bill, Representative Black, has to do with the domestic relations orders related to public pension. And so, we have been working literally with all of the public pension systems to make sure that any of their concerns were addressed. And that’s what the underlying Bill does. And apparently, after we got the underlying Bill introduced they found some… just some problems with language. And I’m told that that’s all this does is to make it internally consistent.”

“It really does not do that, I promise.”

“I concede that.”

“Okay. And Representative, again, I was told that there were language changes. Apparently, they were LRB errors that they’re correcting.”

“And actually, to those… to those people who serve on Civil Judiciary Committee where this Bill went, the pension systems were there in Judiciary Committee…”

“…and they stepped forward and said that the LRB version did not conform to what the agreement had been. And that we were going to come in with a technical Amendment and that is what this is.”

“Yeah. Nick Yelverton with TRS is the one who is with us that particular day, but we have been working closely with the pension…”

“…systems, local pension systems, as well.”

“Ladies and Gentlemen, this is… this is… this has to do with this QILDRO. Now when parties are divorced a QILDRO is completed. We’ve had a QILDRO available as I understand for 10 years or so. The QILDRO is used in both private pension systems as well as public pension systems. This particular Bill deals only with the public pension systems. What this Bill is trying to do is to allow divorcing parties to use percentage distribution of the retirement by filling out one of these QILDROs. Right now, they have to go through a lot of trouble to bring in actuaries and to estimate what the… the benefit will be some day when the divorcing parties retire. But this particular Bill will allow them to set that by percentage. We have worked with the public pension systems to make sure that there will be no interruption of their… of their services or their programs when this happens. And that’s why it did take a couple of years to figure this out. At this point, all of the public pension systems, both state systems and local systems, are supportive of this approach and I seek your support.” 09400059.doc 33  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 Speaker Lyons, J.: “The Chair recognizes the Gentleman from Williamson, Representative John Bradley.” Bradley, J.: “To the Bill, Mr. Speaker.” Speaker Lyons, J.: “To the Bill.” Bradley, J.: “I rise in support of this legislation. There have been difficulties in dealing with the qualified domestic relation orders in the State of Illinois for many years. And what this Bill does is it allows people, attorneys, persons that unfortunately are involved in a divorce and they have a pension involving the state, to have a more reasonable means of dealing with that pension. Currently, under the state, there’s a lot of guesswork. Trying to determine numbers that haven’t taken place yet. And this would allow for percentages, this would allow for more flexibility and provide for more equity in the divorce system. And I really think that this is a good piece of legislation. I support the Sponsor’s position on this. And I really think it behooves all of us to vote for this and give this an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Madison, Representative Dan Beiser.”

“Thank you, Mr. Speaker. To the Bill.” Speaker Lyons, J.: “To the Bill.”

“For 16 years I was a member of a police and fire pension boards. And we ex… we experienced this problem quite often. And it does cause a lot of heartache and it causes a lot of unneed problems for those that are involved 09400059.doc 34  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 in this. So, I rise in support of this Bill, also. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“Representative Black, I’m… I’m glad you’re bringing this up because, actually, I think this was a very significant part of the negotiation. We… nobody wanted to 09400059.doc 35  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 make the pension boards themselves responsible for what divorcing parties are trying to do and trying to agree to. So, this places… this Bill places the burden entirely on the lawyers or the parties themselves in determining the dollar amount at the time that there is a retirement. So what… what happens then is that when the divorced parties receive benefit amount information, right before one of them is ready to retire, then the parties themselves, not the retirement systems, must calculate the dollar amount of the benefit to be paid. And the… the pension boards are not liable for what that dollar amount is. The parties themselves have to… have to end it with the judge… judging… the judge’s approval have to convert that percentage into the dollar amount at the time of retirement.”

“Well, the attorneys will be ultimately liable. That is correct. Ya know, if… we… we believe, Representative Black, that actually this Bill will produce more accuracy than the current situation. Right now, the parties might be 35 years old. They’re taking sort of a guesstimate of 09400059.doc 36  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 how much the benefit amount might be 30 years later, 25 years later. With this particular approach, if they select to use a percentage formula, to use the percentage approach, then at the time of retirement they will, in fact, have a more accurate statement of what they intended in the first place. But it is important for me to establish, based on your questioning and I’m… I’m establishing this by legislative intent, that the retirement system itself is… has no responsibility for the consequences of implementing the calculation order that is inaccurate. It is up… they have no obligation to check or verify the accuracy of the numbers. It is up to the parties themselves. And certainly if they say that the benefit amount is going to be, ya know, $462 but it turns out to be $468, they are not held liable for making up the difference.”

“I’m sorry?”

“As I understand…”

“Well, as I understand it, what we’re sending to the pension systems in the first place is…” Speaker Lyons, J.: “Mr. Black, your time has expired. We’ll give you another minute to follow up on the question.”

“Thank you. As I understand it, what we’re sending to the pension systems in the first place is just that percentage order. What happens next is that 60 days prior to the benefit commencement date, so that’s now upon retirement, that’s when we come back to the retirement system and ask them to calculate the actual number. So, they might have the percentage order 20 years before, but now they are actually calculating closer to the retirement what the actual number is.”

“An in… an in court order?”

“This is… this is part of the divorce decree.”

“That is correct.”

“They… they have to bring in experts and I understand that these are costly and at the… the best… in the best of situations they’re somewhat guesses, estimates for years later.”

“So, in the case… Yes. But in the case of… of a state system, for example, the Department of Insurance actually signs off on the… the decrees for some of our state members.”

“Thank you. I think that we’ve had a good discussion. I appreciate that. I think we’ve also established some legislative intent actually that the retirement systems wanted to make sure… what… what were considered. It is important to note that this is not only supported by the Bar Associations but we have spent this spring in working with the retirement systems. They’ve all signed off on this. And they’ve also made… the Chicago Bar Association has also made a promise that they will not come back for another 5 years to make any changes in the QILDRO law. So, I seek your ‘aye’ vote.” Speaker Lyons, J.: “The question is, ‘Should Senate Bill 1446 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Wyvetter Younge, Wyvetter, to be recorded. Representative Washington. Representative Younge. Mr. Clerk, take the record. On this Bill, there’s 115 Members voting ‘yes’, 1 Member voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 9 of the Calendar, Representative Jay Hoffman has Senate Bill 506. Read the Bill, Mr. Clerk. On 09400059.doc 40  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 page 8 of the Calendar, Mr. Clerk. I’m sorry. Page 8 of the Calendar, Senate Bill 506.”

“Yes. House Amendment #2 is a technical Amendment that would indicate that hospitals would be the ones required to report the births, the number of viewings of shaken baby multimedia educational materials and the number of Shaken Baby Prevention Program participant forms signed at the hospital. I would ask that it be… be adopted. Individuals who have had concerns about this Bill, their concerns are taken care of in the next Amendment, Amendment #3, which deletes the provisions that they had concerns about.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #2? The Chair recognizes the Lady from DuPage, Representative Patti Bellock.”

“Thank you.” Speaker Lyons, J.: “Seeing no further discussion, the Motion is ‘Should Floor Amendment 2 to Senate Bill 506 be adopted?’ All those in favor say ‘yes’; all those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Senate Amend… Floor Amendment #2 is adopted. Anything else, Mr. Clerk?”

“Yes. Floor Amendment #3 addresses the issues that Representative Bellock indicated. There was some opposition. This removes the provisions that the individuals were opposed to. So there are no criminal penalties any longer in this Bill.” Speaker Lyons, J.: “Any discussion on Floor Amendment #3? Seeing none, the Motion is, ‘Should Floor Amendment #3 be adopted?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. Amendment #3 is adopted. Anything further, Mr. Clerk?”

“Yes, this would create the Shaken Baby Prevention Act which was modeled after existing laws in California, Ohio, 09400059.doc 42  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 and New York and similar laws include Florida, Pennsylvania, Texas, Utah, Maryland, and Missouri and would require the Department of Public Health, subject to appropriations, to create statewide Shaken Baby Prevention Program to educate parents and primary caregivers about the dangers of shaken baby syndrome. And also, to offer alternative methods of venting anger and frustration. As I indicated in the… on Second Reading, we’ve removed opposition to the Bill by removing the criminal penalties and this simply requires that hospitals, local health care departments assist in the implementing and administration of this program. And I would ask for a favorable Roll Call.” Speaker Lyons, J.: “Is there any discussion on Senate Bill 506? Seeing none, the question is, ‘Should Senate Bill 506 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, do you wish to be recorded? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Lady from Cook, Representative Toni Berrios, for what reason do you seek recognition, Representative?”

“Point of personal privilege.” Speaker Lyons, J.: “Please proceed.” 09400059.doc 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“I would like to ask the General Assembly to help me welcome the students from Hogan Elementary School who are up in the gallery. They’re not in my district but I know the teacher, James Lopez. Thank you for coming down.” Speaker Lyons, J.: “Welcome Hogan School. Good to have you in Springfield. Representative Washington. Mr. Clerk, on page 15 of the Calendar, Representative Washington has House Bill 1195. 1195. Wanna make your Motion, Mr. Washington? The Chair recognizes the Gentleman from Lake, Representative Eddie Washington.”

“Mr. Speaker, I move for nonconcurrence.” Speaker Lyons, J.: “The Gentleman moves to nonconcur with Senate Amendment #2 to House Bill 1195. All those in favor signify by saying ‘yes’; those opposed say ‘no’. Opinion of the Chair, the ‘ayes’ have it. And Senate Amendment #2 is the status of nonconcurrence. Representative Joyce on House Bill 2531, you wish to make a Motion? The Chair recognizes the Gentleman from Cook, Representative Joyce.”

“Thank you, Mr. Speaker and Ladies and Gentlemen. I move to nonconcur on Senate Amendment #2 to Hous… House Bill 2531.” Speaker Lyons, J.: “The Gentleman makes a Motion to Nonconcur with Senate Amendment #2 to House Bill 2531. All those in favor signify by saying ‘yes’; those opposed vote ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Senate Amendment #2 to Sen… to House Bill 2531… Any further Motions on House Bill 2531, Mr. Clerk? Mr. Clerk, House Bill 2531, anything further?” 09400059.doc 44  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d move to concur with Senate Amendments #s 3, 4, 5 and 6. These Amendments taken all together allow the… allow the state and… First of all, the original Bill dealt with background checks for nursing homes. Also extended this… with the Amendments, extends it to do fingerprinting. There is a… a $10 fee in this Bill for the State Police to recover the costs of the fingerprinting process in exchange for what they have to… they have to exchange files with the FBI because the State Police file only deals with the State of Illinois background checks. The FBI has the… entire country. I’d be happy to answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“We have. There is no one opposed to this.”

“Yes.”

“Thank you.”

“I nonconcurred with Amendment #2 and nonconcurrence don’t go to committee, they go straight to the floor, Representative.”

“Number 2 we nonconcurred with. So, #2 is not part of the Bill.” 09400059.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“No. Actually, it was number… #3, #2 was technically incorrect. And that’s why it was ta… Senate number… it had references to Senate Amendment #1.”

“And that’s… and that’s why…”

“That’s why there was 3, 4, 5, and 6.”

“That’s Correct. That’s correct.”

“Thank you.” Speaker Lyons, J.: “And on that question, ‘Shall the House concur in Senate Amendments 3… The Chair recognizes the Lady from Cook, Representative Coulson, Beth Coulson.”

“Sure.”

“That… that’s correct, Representative. As we talked in committee, its my intention should this Bill… should these Amendments be concurrent with… concurred with that I will send a letter along with the Bill to the Governor expressing the committee’s concern that anyone that is already covered doing a background check that is cer… currently licensed by the Department of Professional Regulation will then… be exempt from these additional requirements.”

“Fingerprinting is required.” 09400059.doc 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Fingerprinting will be required. Fingerpri… printed background check will be required.”

“Through the State Police.”

“That’s correct.”

“That’s the purpose of the $10 fee for the State Police to recover those costs. Because their going to be doing… that equipment will be provided and have to be bought by the State Police.”

“The Amend… the Amendments that were put on in the Senate were from the State Police.”

“No, they weren’t filed, Sir.” 09400059.doc 49  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“That’s… that’s for the State Police Fund, yes.”

“For a prospective… for a prospective employees.”

“That’s the numbers I got from… that the State Police asked to be put in there for their costs to go further and to the FBI.”

“I guess or what? Because $10 is the fee that the State Police asked to be put into the Bill and it’s their cost.”

“I don’t think that’s germane to this particular issue.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to nonconcur with Senate Amendment #6 to 09400059.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 House Bill 350. This Amendment was too broad and spoke to the Republican staff. Created an exemption for… that was too broad and too wide open in dealing with sex offenders in proximity to schools. So, I move to nonconcur. I would be happy to answer any questions.” Speaker Lyons, J.: “Representative Joyce makes the Motion to Nonconcur with Senate Amendment #6. All those in favor signify by saying ‘yes’; those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. The House does nonconcur with Senate Amendment #6. Representative Joyce, further Motion? Mr. Clerk.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment… Senate Amendment #1 to House Bill 350 is a result of… of a commitment that was made here in the House to address some issues on licensing of transitional facilities that house sex offenders. In addition to, including some facilities that ho… that house youths that are sex offenders. I think in a couple different Members’ districts DCFS has some facilities and DHS has some facilities, so the exemption is in place for transitional housing facilities and the four main points that are covered are 24/7 security at these facilities, a notification to the community in which they are located at these facilities, a maximum of a 90-day stay for any 09400059.doc 52  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 offender that is put there from the Department of Corrections, any extension of that would be have to be with direct consent from the director of the Department of Corrections and the fourth is that each one of these offenders has a counseling program that is accessible to their parole officers. I’d be happy to answer any questions. Again, I move to concur.” Speaker Lyons, J.: “Is there any questions on the Motion to Concur with Senate Amendment #1? Seeing none, the question is, ‘Shall the House concur in Senate Amendment #1 to Senate Bill… should the House concur with Senate Amendment #1 to House Bill 350?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Verschoore, do you wanna be recorded? Pat Verschoore. Representative Patterson, be recorded? Representative Granberg, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And the House moves to concur in Senate Amendment #1 to House Bill 350. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 5 of the Calendar, on Senate Bills-Third Reading, is Senate Bill 431. Read the Bill, Mr. Clerk.”

“Thank you, Speaker, Ladies and Gentlemen. This is the Governor’s IRID Bill which stands for Illinois Removes Illegal Dumps. And to introduce this Bill to you I’d like to read from a statement by the Sierra Club which I just received. It says, ‘Governor Blagojevich’s proposal to crack down on illegal dumping in Illinois would close a long-standing loophole in our environmental laws by giving the Illinois EPA the authority it needs to act swiftly and thoroughly to protect citizens from open dumps. Unfortunately, some businesses and individuals choose to cut corners by dumping dangerous waste wherever they can, putting neighbors at risk. These illegal junk piles can be eyesores for communities or even deadly threats to children and others who may encounter the waste.’ Now, Ladies and Gentlemen, this Bill creates a regulatory structure for a clean construction and demolition debris fills. That is what it does. It is an all… long overdue and needed regulation of these dumps. Some of us remember the days when the Operation Silver Shovel created illegal dumps that could not be dealt with. And part of the problem is, that the first problem, of course, is that the owners of these sites pay no tipping fees to the state and they’re making millions of dollars with no guarantee that there will ever be dollars for cleanup. Secondly, they are typically located in some of the poorest communities in the entire state. When the Illinois EPA has attempted to shut down 09400059.doc 54  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 these illegal operations in the past, the agency has been told by the court that such operations do not meet the necessary threshold of an emergency under the current statute. So that is one of the changes in this Bill. It will, in fact, create… will allow Illinois EPA to issue an order to seal sites where an imminent and substantial endangerment exists to public health. Secondly, it will allow… it will require that clean construction or demolition debris that are… that it fills receive interim authorization from the Illinois EPA right after we pass this Bill and then to actually obtain a permit. That in a nutshell is what this Bill is about. And I am available for any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative John Fritchey.”

“All right. Thank you, Speaker. Initially… I mean, inquiry of the Clerk. There was a fiscal note requested on this Bill. The status does not show that it was filed.” Speaker Lyons, J.: “Mr. Clerk.”

“Well, I would… I would note for the record that, as the person that filed that fiscal note, as of 7:00 last night it had not been received in my office and it’s not shown now as having been filed on the system.” Speaker Lyons, J.: “It’s been received, Representative, and is on the Calendar.”

“All right. Will the Sponsor yield?” 09400059.doc 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 Speaker Lyons, J.: “She indicates she will.”

“Representative, I believe that this is a well- intentioned Bill in substance, but there’s some interesting provisions in here that I’d like to discuss with you. Page 13, going into page 14 of the Bill, has a conflict of interest provision, are you aware of that?”

“Yes.”

“And it has to deal in part with conflicts of interest based on relatives of individuals that may own or have any interest in a waste disposal operation in this state. Is that correct?”

“Yes.”

“Do we have a similar conflict of interest provision for any other regulated industry in Illinois?”

“I’m told that this is the strongest such conflict of interest provision. But what we’re talking about here are waste disposal in other clean construction debris fills that are potentially dangerous and are highly regulated. So it’s appropriate to have a stronger conflict of interest provision.”

“But there are a number of public safety institutions and businesses that are regulated in this state. Correct?”

“I… I… yes, I’m sure.”

“Do we have this provision for any other regulated industry in Illinois?”

“I’m told that we do not.” 09400059.doc 56  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Why is it that there’s an initiative by the Governor to have a conflict of interest provision based on family members solely for dump sites and landfills?”

“Well, again, the con… we have conflict of interest provisions in place, this is stronger and it might, in fact, be the beginning of stronger conflict of interest rules in Illinois. The Ethics Law that the Governor is proposing currently has strong conflict of interest provisions as well. So this is a new way to think about conflict of interest. It might be stronger than others in place, but it’s a beginning of looking at this in a new way.”

“What is the rationale for extending the conflict of interest provision to family members, specifically fathers, mothers, sons, daughters, brothers, sisters, uncles, aunts, husbands, wives, father-in-laws and mother-in-laws? Why is it and what is it about landfills that want us to regulate and prohibit these relations where we don’t seek to do it for any other industry in the State of Illinois. Is there a compelling interest here specific to this business?”

“Well, I don’t… ya know, Representative Fritchey, again, I… let me just say that this a conflict of interest provision that is stronger. And it deals with potentially dangerous… but in addition to that highly regulated industries and removing even the appearance of a conflict is good government. So, this has to do with the staff, the Governor, the Attorney General, director of EPA, chairman of Pollution Control Board and the members of the Pollution 09400059.doc 57  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 Control Board or their staffs while they are the people who regulate these industries. And what this Bill says is that there should be no financial interests in the very same industries that they are regulating. So it’s not inappropriate to do this. It is stronger than we’ve seen before, but it is appropriate.”

“But for the record, is there any compelling interest specific to landfills that require us to have this conflict of interest that exists nowhere else in Illinois Statutes for any other regulated industry?”

“Representative Fritchey, I… that standard does not apply here. We’re not asserting that this is a compelling interest, we’re saying that it is appropriate to remove the appearance of a conflict of interest in a highly regulated industry that is also potentially dangerous.” Speaker Lyons, J.: “Mr. Fritchey, your five minutes is over. We’ll give you one more minute to complete your questions, please.”

“Ladies and Gentlemen, this is a decent Bill in substance. We’re being asked to take part in a family feud that has no business before this Body. There’s a lot of more pressing issues facing this state. Do what you wanna do with this Bill, don’t lose sight of what’s going on here. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from McHenry, Representative Mike Tryon.”

“Yes. Yes.”

“Your wife could own the landfill.”

“Okay. So, the term ‘direct financial interest and personal financial benefit’ does not include the ownership of publicly traded stock. So, that is not correct. But again, this Bill is… that one Section that you are pointing to Representative is one page of a 52-page Bill. The other 51 pages in this Bill have to do with providing a 09400059.doc 59  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 regulatory framework for a… a… a dangerous industry that is creat… potentially dangerous, but certainly one that is creating illegal dumping throughout our state. The other 51 pages.”

“Oh.”

“That is correct.”

“This is a stronger conflict of interest Bill than the other statute you referred to which allows you to have, I believe, 7 percent.”

“The prohibited… the Prohibited Activities Act allows you to have some portion of ownership in some of these regulated industries, up… I… I believe, up to 7 percent. So, what we are saying here is that you shouldn’t have any interest in those regulated industries.”

“Well, unless it’s your wife.”

“Yes.”

“This… well, this is clean construction and demolition debris. The… what… I’m not sure what you asked me about.”

“If you’re referring to general construction debris, that’s already regulated under our current law. This is clean construction and demolition debris.”

“No… no, right now, general… right now, general construction debris is already considered waste. The problem has been… and that’s why I read from the Sierra Club’s letter. This has been a gaping loophole in that you did not have to apply for a permit or be regulated, if you had a clean construction and demolition debris fill and this would create that kind of regulatory structure. So, we’re creating something where nothing existed before.”

“Thank you, Representative. Let me… let me reassure you that we have been in touch with both the Farm Bureau and the Pork Producers Association. We believe that we’ve alleviated their concerns. Nothing in this Bill would impact any person who disposes of clean construction or demolition debris on the site where it was generated. If you want to drop a barn or a old shed or an old house on your property or in your backyard, that’s okay. Nothing in this Bill would limit or prohibit that. The only new permitting requirements would apply to quarries, mines, and excavations. And even with respect to these new requirements, any such debris generated on site, that is on your property would be exempt. So we think that we have alleviated their concerns, Representative.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”

“I wanted to follow up on the questions of two of the previous speakers. Representative, I think this is a good 09400059.doc 63  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 Bill except for the one part with the family feud, quite frankly. And what worries me, right now, what the Governor’s trying to say is his father-in-law can’t have any… Let’s just… let’s just be straight here. Let’s just… let’s talk about what’s really happening here. He’s saying his father-in-law can’t have an interest in a landfill. But there’s nothing in the law right now, is there, that would prohibit his father-in-law from owning part of a casino, is there?”

“I’m not aware… I… I’m not sure I’ve… I’ve memorized all the conflict of interest rules. So, if you say so, Representative. I don’t know.”

“I… I’m… What I’m trying to get at is why are we… why are we engaging in this portion here? I think Representative Tryon was absolutely right when he was talking about we already have prohibited Acts. There’s nothing for instance that would bar Dick Mell from having a bar in the City of Chicago or here in Springfield? Correct?”

“Again, I… if you say so. That’s probably true.”

“Okay. I’m gonna go… I don’t want to put you on the spot. I’m gonna go to the Bill, but I just… this really concerns me when we have this kind of family feud. And this is not something that we should be making larger here on the House Floor. I would’ve hoped that this portion would’ve been excised from the… from the final Bill. This is the type of thing that probably requires family counseling instead of putting it on the House Floor here. 09400059.doc 64  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 And what concerns me is the Governor is pushing this Bill so hard instead of focusing on the other issues that concern State Government. I wish he would spend as much time on education funding reform. I wish the Governor would put his powers towards prescription drug reimportation. I wish the Governor would work on finding ways to fix our budget. And to be honest about it, instead this seems to be the centerpiece of where he wanted to go. This is the Governor’s Bill here and if the Governor’s Bill is, ‘let’s go get Dick Mell.’ Now, that’s really not what we’re here for. The Bill has many merits. It’s very unfortunate that we’re being pulled in to this type of family situation. And I just wanted to make that for the record and hope that the Governor could get serious about governing and leave the petty, political bickering at home or better yet, just get over it.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from DuPage, Representative Jim Meyer.”

“Representative Meyer, I… I’m a steward…”

“Representative Meyer, we… first of all, we are voting these days and other days on a number of what we might term ‘imperfect Bills.’ We don’t like necessarily every word in them…”

“So… so, in this particular case it’s a Senate Bill. We don’t simply make alterations in Senate Bills. And in this particular case, the Senator who’s Bill this is, did not want to have any Amendments dealing with that section and I respected her opinion…”

“Thank you. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”

“Representative, I think you and I share a very serious concern about the environment and so there’s a lot of strong measures in this Bill that you and I could always support and the Sierra Club and others that care about the environment would support, but I’m very concerned about this issue regarding conflict of interest. And so, I just wanna make sure I understand that while there are certain enumerated family members that cannot own any financial 09400059.doc 67  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 interest, brothers and sister-in-laws still could, daughter-in-laws, son-in laws still could and cousins still could. So there are a lot of family members that still could own financial interests in these facilities, is that correct?”

“Seemingly, that’s true.”

“Well, do you not feel that that’s some kind of a flaw in the Bill? An aunt or an uncle can’t, but their children can. Isn’t this a flaw in the Bill?”

“Well, I think that the way I would answer that, Representative, is that we have to start somewhere. This Bill starts somewhere. Maybe it goes further than a few people here would like. But really it’s… it’s a statement about conflict of interest dealing with direct relatives. It’s a beginning.”

“What about people that own shares of mutual funds and they don’t necessarily know every company that a mutual fund has invested their money in? What do we say to those people?”

“We think that the ownership of publicly traded stock exemption would cover that.”

“Do you have a legal opinion that speaks to that issue?”

“Well, we have no… it’s in… it’s actually written into the Bill. It says, ‘the terms direct financial interest do not include the ownership of publicly traded stock.’ And that’s what mutual funds are.”

“Well, so, if one of the enumerated family members who cannot own a financial interest happens to buy in the open 09400059.doc 68  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 market 60 percent of one of these landfills then that would be exempt?”

“If it’s an open public market, then I guess that would be the case. Because publicly traded stock is not included in this.”

“Well, what is the public policy issue that allows this Bill to exempt some kind of ownership but not other kind of ownership in the same facility?”

“Well, the… I think the… the securities law already provides for quite a bit of transparency in some kind of ownership, the publicly traded stocks. So the transparency already exists in that situation.”

“Well, I’m… I’m… its pretty loud in here. I’m not sure I heard the answer. But to the Bill.” Speaker Lyons, J.: “To the Bill.”

“Mr. Speaker, I… I have a very strong record on the environment and if this section about family members was not in the Bill I would probably be voting for the Bill. But I… I think the Bill is poorly drafted. I think in the Governor’s Office zeal to deal with a personal problem and a family dispute, they have tried to cloak this within other legislation that is good legislation, but in the process of doing so has written a section that doesn’t fly very well. In fact, it may be stricken by a court at sometime. I do believe it might be unconstitutional to say that an aunt or an uncle can own shares in a landfill but their children, the cousins, cannot. Or that a daughter can but a daughter-in-law can’t. Or a son can’t but a 09400059.doc 69  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 son-in-law can. This is illogical. And so, I would think that even those of us who share a strong concern for the environment and many of us do, would wanna be very clear that we don’t wanna pass legislation that creates more problems than it solves. So, just for the record, this is not a Bill I can vote for in it’s current form and I would suggest that the Bill go back to Second Reading for an Amendment.” Speaker Lyons, J.: “The Chair recognize the Gentleman from Cook, Representative David Miller.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”

“Representative Hamos, I noticed that the Village of Ford Heights is against this Bill. Do you understand why?”

“Well, the Village of Ford Heights came to committee and the Committee of… of Energy & Environment had an hour and a half long debate and conversation about, I believe, eight or nine Amendments that were proposed by the for… by the village and rejected all of their Amendments. So I would suppose… most of them unanimously. Some of the Amendments did not even get a Motion. So, I suspect that’s why they’re against the Bill.”

“Do you know the affects of this legislation would have on the Village of Ford Heights?”

“No… no, I don’t. I believe that the Village of Ford Heights, currently, has… it is the EPA’s position… let’s put it this way, not mine, but the EPA’s position, that the Village of Ford Heights is building, I guess, a new 09400059.doc 70  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 recreation facility and they already have what we would call a landfill. It’s 80 feet high. And on that landfill that landfill currently requires a permit and the Village of Ford Heights has decided not to seek a permit from EPA. So, I think that’s the dispute, but really it’s 80 feet high already. This Bill deals with clean construction and debris fills at grade or below.”

“But… but what you said is the fact that… that the issues in regards to Village of Ford Heights that this Bill will not address.”

“I… Yeah. It is the EPA’s position that even under current law they are required to have a permit and they have not sought that permit. That’s why they are in court.”

“Well, it’s been some contention that this is essent… this will essentially… to the Bill, Mr. Speaker.” Speaker Lyons, J.: “To the Bill.”

“Ladies and Gentlemen, last year I’ve asked you to support an initiative for on behalf of the Village of Ford Heights. And… and this Body did approve it and I appreciate that support. You’ve heard me time and time again talk about Ford Heights being one of the poorest communities in Cook County, if not the one of the poorest communities in the state. And so, when the village is trying to do something to procr… create jobs, economic growth, a tax stability, educational system, anything, we have to look at what’s gonna happen to the village if something like this is implements law. Would I like to see 09400059.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 a dump in Ford Heights? No. Would I like to see other economic development reach to the south suburbs? Absolutely. You’ve heard me time and time again to try to create environment for businesses to be profitable and beneficial to the communities and the village in the south suburban region. When we start to look at legislation that affects, detrimentally affects, what they have now, it further puts us in the hole. I… I am for the EPA. I am for it. I don’t wanna see citizens of them victimized, citizens of nearby Linwood victimized by a dumping of any sort illegal, but you gotta offer something. And so, when they’re trying to help themselves through the Amendments and when they try to have… to be grandfathered in so it doesn’t affect ’em, essentially, you’re saying to the poorest community, let’s not keep what you’ve got going, let’s try for you to defend for yourselves. I would ask for either a ‘no’ or ‘present’ vote on this legislation.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Art Turner.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Like the previous speaker, I, too, have some question about this legislation. Over the… the years that we’ve been here, I’ve watched Legislators who represent poor communities, who represent distressed communities come before this Body and try to seek some sort of relief, some help to bring economic development to those communities. Over the years I can recall and you’ve heard about Operation Silver Shovel. I’ve Operation Silver Shovel took 09400059.doc 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 place in my neighborhood in North Lawndale community in the City of Chicago. It was a local elected official that felt he could help his community by allowing them to temporarily drop debris in a certain area while the construction was going on on the Eisenhower Expressway. It turned out to be a nightmare. But this guy’s intention was to try to do something to help better that particular community. We’ve had the same thing in Ford Heights. We’ve had the same thing in Robbins. A few years ago we had an incinerator that was built in Robbins where they were burning old tires. As a result, it created over… a hundred jobs for the people in that community and yet we come along later and talk about how environmentally unsafe it is, how dangerous it is to the community. And yet, we shut the plant down and we do nothing to help that community in terms of offsetting the small economic development opportunities that they had. The same thing has happened in St. Clair County in East St. Louis where we’ve tried to do things in terms of economic development and we get turned back and no help from this Assembly. I rise today… and I’m gonna vote ‘present’ on this Bill. I don’t like the conflict of interest clause. I’m not too worried about it, my wife don’t own a landfill. I don’t intend to buy one. I’m certainly about to ruin my record with Sierra because they may say that I don’t believe in a safe environment, but if you look at my record over 25 years you will see that I am indeed concerned. But I don’t like what we’re doing here in terms of when a community is moving 09400059.doc 73  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 forward, trying to make itself better, we come along and say, ‘No, no, no we’re gonna put the brakes on.’ And we don’t offer any alternative, any relief, to make up for the loss of income that this community was moving forward in terms of trying to make things happen. I tried to introduce the Amendments which would grandfather in the facility. The Sponsor as she mentioned, the necessary votes were not there. And I… and I wanna, for the record, I wanna be clear. If there was something illegal with this landfill, if there was something there that should not be there, I don’t think the place oughta be open. But we’ve been told, the mayor of that town, Saul Beck, who’s been the mayor for 12 years or more, who has been striving hard to try to improve a community where housing value right now is $19 thousand for a home. And we’re saying, ‘No, shut the place down.’ If that’s our intent, then let’s just close up all the distressed communities in this state and let’s move forward. But I think there oughta be some commitment on the part of us here in the General Assembly to try to help those communities that need the most and I think that this Bill hurts one of those communities. And so, I am voting ‘present’ on this legislation, just as a sign to say that yes, I am committed and concerned about environmental concerns. But I don’t think this is the right way to do it.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Clinton, Representative Kurt Granberg.” 09400059.doc 74  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Thank you, Mr. Speaker. And with due respect to my friend Art Turner and Representative Miller, I… I remember this issue from last year with Ford Heights. And after we passed that Bill certain authorities started questioning what was going on. This Bill is very, very simple. It’s not about Ford Heights. It’s about a wealthy corporation who should be permitted. That’s all. It doesn’t matter the location. It doesn’t matter if it’s in Centralia or Ford Heights or any place else. This is a very, very affluent corporation. Why should they be exempted from the permitting process, just because it’s located any place? That’s the question. That’s the issue. They should be required to be permitted. It doesn’t matter where the location is. Ford Heights is not paying for the permit, the operator is. And the operator should be required a permit like anyone else when they operate a landfill. No exceptions.” Speaker Lyons, J.: “Representative Hamos to close.”

“Thank you. Ladies and Gentlemen, thank you for the good conversation. I think we clarified some of the outstanding issues. I would like to suggest, as the last speaker did and maybe the other speaker… some of the other speakers did, this Bill does not shut anything down. It creates a regulatory framework to prevent illegal dumping, that is something that helps all of our neighborhoods. When we don’t know what is in a fill, when we don’t know if it’s clean or hazardous, that hurts all of us. This is a strong environmental Bill that… that is long overdue. It 09400059.doc 75  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 is filling a loophole. And even if you don’t like a few words in the Bill, it is a 52-page Bill that makes… that creates this really important set of regulations. I would also like to remind you that in the Senate they passed this unanimously. In our committee, they passed it also by a very strong margin. Again, this Bill is about more than just… the… one of… one of the Sections and I would urge a strong ‘aye’ vote.” Speaker Lyons, J.: “The question is, ‘Should Senate Bill 431 pass?’ All those in favor signify by voting ‘yes’; those opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cultra. Mr. Clerk, take the record. On this Bill, there are 77 Members voting ‘yes’, 16 Members voting ‘no’, 23 Members voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognize the Gentleman from Champaign, Representative Chapin Rose for an announcement.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I noticed that our birthday boy over there, Aaron Schock, is looking a little bit… I don’t know like not himself, he was eating some chocolate, kinda reminded me of what little kids do when they’re bored. And anyway, we want you to feel at home, Aaron, and we think you’re a great guy. A good kid. And being that I know what it feels like to be the baby of the House at one point, Toni knows what it feels like to be the baby of the House. But we don’t want your birthday to go by without giving ya a little something. So, Representative Burke, Representative Chavez, Representative Berrios, and myself would like for you to feel a little bit more at home. So we have a little something, something for ya here. Hope you enjoy it and you feel a little bit more your age bracket. Happy birthday.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard, for what reason do you seek recognition?”

“Thank you, Speaker and Members of the House. I move to suspend the posting requirements so that Senate Bill 14 can be heard in Executive Committee, Senate Bill 96 in Executive Committee, Senate Bill 157 in Human Services, Senate Bill 230 in Executive, Senate Bill 251 in Agriculture, Senate Bill 316 in Revenue, Senate Bill 490 in Executive, Senate Bill 661 in Executive, Senate Bill 676 in Executive, Senate Bill 926 in Registration & Regulation, Senate Bill 998 in Executive, Senate Bill 1333 in Human Services, Senate Bill 1442 in Executive, Senate Bill 1625 to Revenue, Senate Bill 1815 to Executive, Senate Bill 1843 in Executive, Senate Bill 1866 in Revenue, Senate Bill 1879 in Executive, and Senate Bill 1964 to Transportation.” Speaker Lyons, J.: “Heard the Lady’s Motion. Any discussion? The Chair recognizes Representative Black. In agreement? You’ve heard the Lady’s Motion. All those in favor signify by saying ‘yes’; those opposed ‘no’. The ‘ayes’ have it. And the posting requirements are waived. The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“Thank you, Mr. Speaker. And I know you might not know ‘til later. But more important than tomorrow, ‘cause we 09400059.doc 79  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 know we’re in tomorrow, is about Sunday. And that is because if we’re gonna be left to go home or if we’re gonna stay here then we can may… maybe bring our families up. Have there been any indication about, not a time Sunday, as to whether or not we’re gonna be in Sunday? And I see… I se… I see somebody… I’ll let it go. All right, Mr. Speaker, can you answer that, please? I’m more asking about other people’s families, mine probably wants me down here but…” Speaker Lyons, J.: “Representative Molaro, the answer to that question on Sunday, we’re looking for some type of a midafternoon call to order on Sunday.”

“Oh.” Speaker Lyons, J.: “And we’ll get more specific on that within the next few hours. Ladies and Gentlemen, we’re gonna start off where we left yesterday with concurrences. And that was on page 12. I believe Representative McAuliffe was next with House Bill 595 on the bottom of page 12. Representative McAuliffe in the chamber? He’s not, so we’ll come back to that. On the top of page 13, House Bill 596, Representative Mike Boland. On the Motion on that… page 13 on concurrences, we’re picking up where we left off yesterday, Representative. House Bill 596.”

“Thank you, Mr. Speaker. Let me grab the stuff here. Yes, I would move to concur with Senate Amendments 1 and 2. These arose from during our House debate. Representative Black had asked for a definition of ‘emergency management worker’. And Senate Amendment 1 was adopted in error over 09400059.doc 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 there, but Senate Amendment 2 replaces the Bill and includes the correct language. So, it is a… it does include the definition for an ‘emergency management worker’.” Speaker Lyons, J.: “Mr. Boland, I believe we… were… the Motion is to concur with Senate Amendments #1 and 2 to House Bill 596. ‘Cause Amendment #2 will replace Senate Amendment #1.”

“Yes.” Speaker Lyons, J.: “Motion as filed, Representative. Is there any discussion? The Chair recognizes the Gentleman from Bond, Representative Stephens.”

“Senate… Senate Amendment… Yes. Senate Amendment 1 had an error in it. And so they put in…”

“Yes.”

“Yah.”

“Oh, it probably is both.”

“An error in the air.”

“Thank you, Members, Mr. Speaker and Members of the House. I move to concur on Senate Amendment #2 on House Bill 612. The Amendment actually deleted the provisions of the original Bill and attached the substance of House Bill 2374 which was passed out of the House with 114-0 vote. The Bill now puts into place the Family Case Management Act at the Department of Human Services. There was no 09400059.doc 83  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 opposition to this Bill and it is supp… it is supported by the Illinois Public Health Association, the Department of Human Services and the Chicago Family Case Management Association and the City of Chicago. It creates no fiscal impact on the department at this time. It’s subject to funding.” Speaker Lyons, J.: “Is there any discussion? Seeing none, the question is, ‘Shall the House concur in Amendment #2 to Senate… House Bill 612?’ All those in favor signify by saying ‘yes’; those opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’. The House does concur in Senate Amendment #2 to House Bill 612. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 13 of the Calendar, Repre… Representative Delgado has House Bill 615. The Chair recognizes the Gentleman from Cook, Representative Willie Delgado.”

“Thank you, Mr. Speaker and Members of the House. I’m asking for a concurrence in Senate Amendments #1. Adds provisions requested by the Illinois Depart… Thank you. …of Human Services. Recognizing that the agency programs related to the reduction of racial and ethnic disparities in infant mortality and diabetes. Deliniates the various initiatives of the Department of Public Health, including those that address asthma, breast, cervical, prostate, and colorectal cancer, kidney disease, HIV/AIDS, hepatitis C, 09400059.doc 84  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 sexually transmitted diseases, adult and child immunizations, along with quite… a couple of others. Clarifies that the Department of Public Health will coordinate the administration of this Act with the Department of Human Services and I would ask for your concurrence.” Speaker Lyons, J.: “Any discussion? Seeing none, the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 615?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there’s 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority… the House does concur in Senate Amendment #1 to House Bill 615. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 13 of the Calendar, Representative Tryon has House Bill 668. Representative Michael Tryon on the Motion.”

“Thank you, Speaker. I wish to con… cur with Senate Amendments 1 and 3. They’re some technical cleanups the department needed and the one group needed. Know of no opposition to ’em. Passed out of the House unanimously and out of the Senate with the Amendments unanimously.” Speaker Lyons, J.: “Is there any discussion? Seeing none, the question is, ‘Shall House concur in Senate Amendments #1 and 3 to House Bill 669?’ All those in favor signify by voting ‘yes’; those opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chavez, you wanna be recorded? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’. The House does concur in Senate Amendments #1 and 3 to House Bill 669. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Lake, Representative Eddie Washington, for what reason do you seek recognition, Representative?”

“Thank you, Mr. Speaker. Mr. Speaker, I would like to reflect that on Senate Bill 431 I was having problems 09400059.doc 86  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 with my switches and that I be recorded as a ‘yes’ vote, being I was a cosponsor of that Bill.” Speaker Lyons, J.: “The Journal will so reflect. Mr. Clerk, on page 13 of the Calendar, Representative Chapa LaVia has House Bill 678. The Chair recognizes the Gentl… Lady from Kane, Representative Linda Chapa LaVia on a Motion.”

“Thank you, Speaker. If the House can just concur with the Senate Amendment #1.” Speaker Lyons, J.: “Would you like to give a brief explanation of that Amendment, Representative?”

“Excuse me, Speaker?” Speaker Lyons, J.: “Would you care to give a brief explanation of that Amendment.”

Chapa LaVia: “Sure. It was placed in by the Illinois Education… Board of Education. All it did is… the Bill would be allowed to give the State Board… excuse me. Let me find my notes on it. Can you take it off record and then come back?” Speaker Lyons, J.: “Take that Bill out of the record, Mr. Clerk. Mr. Clerk, on the bottom of page 13, on the Order of Concurrences, Representative Rita has House Bill 760. The Chair recognizes the Gentleman from Cook, Representative Rita.”

“Thank you, Mr. Speaker. I move that we concur with Senate Amendment #1 which basically puts a sunset on the… the raise that we initially put in for the funeral directors for and it’ll sunset in 2007.” 09400059.doc 87  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 Speaker Lyons, J.: “Is there any discussion on the Amendment? Seeing none, the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 760?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’. The House does concur in Senate Amendment #1 to House Bill 760. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Cook, Representative Art Turner, for what reason do you seek recognition?”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. I rise for a point of personal privilege.” Speaker Lyons, J.: “Please proceed.”

“In the gallery… in the gallery to my right we have one of the elementary schools in my district. Skinner Elementary School and the students are down visiting. Could you give ‘em a great Springfield welcome. Skinner Elementary school.” Speaker Lyons, J.: “Welcome to Springfield. Glad to have ya. Mr. Clerk, on page 13 of the Calendar, Representative Chapa LaVia has House Bill 678. We recognize the Lady from Kane on a Motion.”

“Thank you, Speaker. The Senate Amendment to 678, what it does, it would allow students to have… that have been in a transitional bilingual program for less than 3 09400059.doc 88  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 years to take an accommodated limited English prof… proficiency assessment test to determine… determined by SBE. Currently, such students have the option to take the Illinois Measure of Annual Growth in English, the IMAGE test. This Amendment replaces IMAGE with a more generic term so that the state board is free to specify another test if it so chooses. And I request a favorable vote. I concur with Senate Amendment #1.” Speaker Lyons, J.: “Any discussion? Seeing none, the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 678?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 114 Members voting ‘yes’, 1 person voting ‘no’, 1 person voting ‘present’. On this que… this… the House does concur in Senate Amendment #1 to House Bill 678. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kelly, did you seek recognition? Robin, did you seek recognition? Your light was on. No. Thank you. Mr. Clerk, on the top of page 14, on the Order of Concurrences, Representative Feigenholtz has House Bill 763 and the Chair recognizes the Lady from Cook, Representative Sarah Feigenholtz for a Motion.”

“Thank you, Mr. Speaker. I Motion to Concur with Senate Amendment #1, which addresses concerns that the state’s attorney had. I’d be glad to answer any questions.” 09400059.doc 89  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 Speaker Lyons, J.: “Seeing none… the discussion of the question is, ‘Should Senate Amendment #1 to House Bill 763 be adopted?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Representative Verschoore. Representative Meyer. Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. The House does concur in Senate Amendment #1 to House Bill 763. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar… Representative Soto in the chamber? I don’t believe it. I see Representative Soto will… Page 14 of the Calendar, Representative Soto has House Bill 783. The Chair recognizes the Lady from Cook, Representative Soto for a Motion.”

“Thank you, Speaker and Members of the House. I’d like to concur in Senate Amendment #2.” Speaker Lyons, J.: “Any description on the Amendment, Representative?”

“Amendment also specifies that the financial institution shall forward the money to the state disbursement unit. It’s a little technical Amendment.” Speaker Lyons, J.: “Any discussion? Seeing none, the question is, ‘Should the House concur with Senate Amendment #2 to House Bill 783?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all 09400059.doc 90  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 voted who wish? Representative Flowers. Mr. Clerk, take the record. On this question, there are 116 Members voting ‘yes’, 0 voting ‘no’. The House does concur in Senate Amendment #2 to House Bill 783. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 14 of the Calendar, Representative Jones has a Motion on House Bill 788. Representative Lou Jones, the Lady from Cook.”

“Thank you, Mr. Speaker and Members of the House. I move to concur on House Bill 788. Amends the State Finance Act to create a regional epilepsy center. Grants-in-Aid Fund subject to appropriations. Funded for a new state income tax checkoff.” Speaker Lyons, J.: “Is there any discussion? Seeing none, the question is, ‘Shall the House concur in Amendment #1 to House Bill 788?’ All those in favor vote ‘aye’; those opposed vote ‘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 116 Members voting ‘yes’, 0 voting ‘no’. The House does concur in Senate Amendment #1 to House Bill 788. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 14 of the Calendar, Representative Sacia has House Bill 864 for a Motion. The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia.”

“Yes, Mr. Speaker, a point of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.”

“Yes, I’d like to take this opportunity to recognize a tremendous feat by one of our former colleagues, former State Representative Bob Walters who’s up in the gallery. He scored his… shot his first hole in one this past week down in Florida on a golfing trip.” Speaker Lyons, J.: “Congratulations, Representative. On page 14 of the Calendar, Representative Saviano has House Bill 875. The Chair recognizes the Gentleman from Cook, for a Motion, Representative Skip Saviano.”

“Thank you, Mr. Speaker. Just note a conflict of interest.” Speaker Lyons, J.: “Thank you, Representative. The Chair recognizes the Gentleman from Bond, Representative Stephens.”

“Thank you, Mr. Speaker. Ladies and Gentlemen, I move to concur in Senate Amendment 1 to House Bill 909. It’s 09400059.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 merely a clarifying Amendment. It… I felt it was in the original Bill but the Senate clarified it so that it specifically spells out the number of jobs to be created and the amount of money to be made with these economic development project areas. I would ask for your support. It passed overwhelmingly the first time it came into this chamber. Thank you very much.” Speaker Lyons, J.: “No one seeking recognition then? The question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 909?’ All those in favor signify by saying ‘yes’… by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there’s 116 Members voting ‘yes’, 0 voting ‘no’. The House does concur in Senate Amendment #1 to House Bill 909. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the bottom of page 14 of the Calendar, Representative Marlow Colvin has House Bill 1058. The Chair recognizes the Gentleman from Cook, Representative Marlow Colvin.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would like to move to concur with Senate Amendment #2. It is a change, a small change, in the language. It changes the word ‘parties’ to ‘party’. If you recall, this Bill deals with the ability to… for individuals to have the ability to freeze their credit in the event that they have been a victim of some type of 09400059.doc 95  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 identity theft. The language change deals with individuals who do in writing submit to credit reporting agencies to chang… to allow a individual party, being an individual company or lender to access one’s credit as opposed to a number of parties at one time. There was no opposition, both either in the House or the Senate. This Amendment is technical in nature and I appreciate an ‘aye’ vote.” Speaker Lyons, J.: “Is there anyone seeking discussion? Seeing not, the question is, ‘Shall the House concur in Senate Amendment #2 to House Bill 1058?’ All those in favor signify by voting ‘yes’; those opposed ‘no’. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this, there are 116 Members voting ‘yes’, 0 voting ‘no’. The House does concur in Senate Amendment #2 to House Bill 1058. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Barbara Flynn Currie for a Motion.”

“Thank you, Speaker and Members of the House. I move to suspend the posting requirements so that Senate Bill 945 can be heard in the Executive Committee.” Speaker Lyons, J.: “You’ve heard the Lady’s Motion. Is there any discussion? Seeing none, the question is, ‘Should the Motion pass?’ All those in favor signify by saying ‘yes’; those opposed ‘no’. Opinion of the Chair, the ‘ayes’ have it and the Motion is passed. Mr. Clerk, read the committees.” 09400059.doc 96  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Thank you, Speaker. On personal business, regarding the Labor Committee. To the Labor Committee Members, please be there on time at 4:30. We have… we’ve been waiting… ya know, other days. So please be there at 4:30. Thank you.” Speaker Lyons, J.: “Thank you, Representative. Ladies and Gentlemen, the House will stand in recess to the hour of 5 p.m. We recess ‘til 5 p.m.”

“The House shall come to order. Mr. Clerk, Committee Reports.”

Speaker Turner: “On page 28 of the Calendar, we have Representative Black with a Motion, Senate Bill 251.”

“The Gentleman from Vermilion, Representative Black.”

Speaker Turner: “The Gentleman asks leave to withdraw the Motion to Discharge. All those in favor should say ‘aye’; all those opposed say ‘no’. And the opinion of the Chair is the ‘ayes’ have it and the Motion carries. If we could have the Members’ attention. We’re gonna start on page 15 of the Calendar, under the Order of Concurrences. We’ll go down the Calendar in order until we decide to do otherwise. Page 15 of the Calendar, the first Bill we will start with is House Bill 1071, Representative Munson. The Lady from Cook, Representative Munson.”

“Seeing no questions, the question is, ‘Shall the House concur with Senate Amendment 1 to House Bill 1071?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. The House does concur in Senate Amendment 1 to House Bill 1071. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Davis, for what reason do you rise?” Davis, M.: “Mr. Speaker, I rise for a point of personal privilege.”

“You still with us?” Davis, M.: “First of all, I’d like to say to you, I know that you’ll be very proud to know that Dr. Alicia Bell is in the audience. Alicia is one of Art Turner’s scholarship recipients who has earned a medical degree from Southern Illinois University. She has a pediatric psychiatry degree and an adult psychiatry degree. Welcome Alicia Bell, Art Turner’s scholarship recipient.”

“Hello, Dr. Bell. How are you? And on the Order of Concurrences, we have House Bill 1074, Representative Reitz. The Gentleman…”

“Thank you, Mr. Speaker. House Bill 1074 is a initiative of the Department of Conservation. The… the Senate Amendment reduced the… the fee in this Bill. This 09400059.doc 101  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 Bill’s supported by the Farm Bureau and I’d be happy to answer any questions.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 4 to House Bill 1074?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Younge. Brauer. The Clerk shall take the record. On this question, there are 64 voting ‘aye’, 52 voting ‘no’. And the House does concur in Senate Amendment 4 to House Bill 1074. And this Bill, having received a Constitutional Majority, is hereby declared passed. The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“I will speak up, Representative. On the Order of Concurrences, we have House Bill 1100, Representative Miller. The Gentleman from Cook, Representative Miller.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d like thank your support on behalf of passing this fine piece of legislation, the Payday Loan Reform Act. Senate Amendment 1 and 2, excuse me… Senate Amend… I move to concur Senate Amendment 1 and 3. Senate Amendment 3 is pretty much technical. But Senate Amendment #1 lowers the 09400059.doc 102  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 rate to a flat 1550… $15.50 fee which lowered it from $16 from the way we passed it. In addition to… it extends the implementation time to give the industry a little bit more time to comply. I would like to thank Secretary Grillo to help… who’s been very instrumental helping getting us through and to this point. It’s a major step in… in the State of Illin… Illinois to protect the citizens. Thank you.”

“The Gentleman from Cook, Representative Parke, for what reason do you rise?”

“The Gentleman from Cook, Representative Davis, for what reason do you rise?” Davis, W.: “Thank you, Mr. Speaker. I, too, want to commend the Sponsor of this legislation for all of his hard work. In districts that we represent many individuals are, in some cases, living check to check or not figuring out how they’re gonna make ends meet. And… and unfortunately individuals like that are often preyed upon and taken 09400059.doc 103  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 advantage of. This legislation hopes to stem the tide of individuals who see loans of this type as an opportunity just simply to get by until the next paycheck but not realizing that there are circumstances and the consequences that result as… as because of their actions. So I’m very happy that the Gentleman has brought forth this legislation. I believe he has been working on this legislation since he has been in the House. And I am very proud to, if I’m not a Sponsor I certainly want to be a Sponsor of this piece of legislation. Again, I wanna commend the Sponsor for his hard work in this particular issue. Thank you.”

“The Lady from Cook, Representative Davis, for what reason do you rise?” Davis, M.: “Thank you, Mr. Speaker. I’m glad to know that you speak softly and carry a big stick. But I wanted to say, I, too, support this legislation. And we worked very hard with Representative Miller with the industries involved. We have a number of payday loan locations that will now have to be much more concerned with how they do business in the State of Illinois. And they’ll be have to be concerned with the fairness to the constituents. And for that, I, too, commend Representative Miller and I’m sure you’ll get a unanimous vote. Thank you.”

“Seeing no further questions, the question is, ‘Shall the House concur in Senate Amendments 1 and 3 to House Bill 1100?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have 09400059.doc 104  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill… and the House does concur in Senate Amendments 1 and 3 to House Bill 1100. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 1149, Representative Millner. The Gentleman from DuPage.”

“Seeing no questions, the question is, ‘Does… Will the House concur in Senate Amendment 1 to House Bill 1149?’ All those in favor should vote ‘aye’; all those opposed say ‘nay’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kosel. The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Major… and the House does concur in Senate Amendment 1 to House Bill 1149. And this Bill, having received the Constitutional Majority, is hereby declared passed. Is Representative Hoffman in the chamber? Supplemental Calendar #2, on the Order of Concurrences, we 09400059.doc 105  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 have House Bill 2137. Representative Hoffman. The Gentleman from Madison, Representative Hoffman.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that we concur in Senate Amendments 1, 3, and 5 to House Bill 2137. House Bill 2137 is a historic agreement between business and labor regarding the issue of workers’ compensation. I would like to… to commend everyone who worked on this process. And I would ask for a favorable Roll Call. If I might, I would like to just go through the history of this agreed Bill process. First of all, this is the first such agreed Bill process regarding workers’ compensation in over 20 years. This historic agreement was reached through hard work from the Governor’s Office, hard work with the head of the Industrial Commission or Workers’ Compensation Commission, Mr. Dennis Ruth. I’d like to commend the Governor for in his State of the State speech calling the parties together to help reduce costs to businesses and workers’ compensation and provide an update to our Workers’ Compensation Act to bring us competitive in the twenty-first cent… to make us competitive in the twenty-first century. I would also like to commend Senator Terry Link who worked so hard on this stuff for over 2 years. And I believe did a wonderful job at helping this agreement come together. Also, the House Members and the caucus Members other than myself that were involved in the negotiations, Representative Kurt Granberg and Representative Dan Brady, all worked very hard to… to attempt to get an agreement. This agreement is an 09400059.doc 106  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 agreement between business and labor, the major organizations that represent business in this state believe the syste… that this will provide a benefit in the 6½ percent savings to their cost of workers’ compensation. For those of you who live on the borders, and the borders of Illinois and we have to be competitive with neighboring states, know that workers’ compensation… the cost to businesses has always been an important factor in businesses locating here in Illinois. This reduces their costs. Yet, it brings labor onboard by updating benefits that needed to be updated for many, many years. In addition to the businesses being onboard, the… all of the organizations that make up the AFL-CIO in Illinois have agreed to this House Bill these… this House Bill 2137. This would pre… would provide for the first time in Illinois fraud prevention, a fraud prevention unit in the Department of Insurance that would investigate charges of fraud including uninsured employers and fraudulent claims by employees. When you talk to people about workers’ compensation the one thing they bring up is they would just like to make sure that we get some of the fraud out of the system. This for the first time in Illinois we follow other states of providing for a fraud prevention unit. In addition, this joins 44 other states in the nation in providing for a medical fee schedule and prohibits the action what is called balance billing. The Bill would also require that employers pay providers of medical… medical care within 60 days or pay 1 percent interest per month 09400059.doc 107  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 after 60 days of an unpaid medical bill. This also would streamline some of the procedures in the Workers’ Compensation Commission, provide for a third paid to move cases through the system quicker. Ensure that… that cases be resolved within a hundred and eight days in case of emergency hearings and provide for other dispute mechanisms and penalties. Finally, on the benefits side this would bring benefits up to twenty-first century levels by insuring that survivors of an individual who dies on the job while he is working would receive an increase in death benefits and brings them more into line with the actual loss. It would also increase burial benefits for the first time in a long time from 42 hundred to 8 thousand dollars so that it would bring the cost… the reimbursement closer to the cost of the burial. Finally, in cases of extreme disfigurement, in cases of amputation and other serious injuries, it increases the amount that an individual would receive by 7½ percent and also makes the maximum wage differential rate increase to a hundred percent of the statewide average weekly wage. I would li… like to once again commend all the people who worked so hard to get this agreed Bill completed. I believe it’s a step in the right direction for working men who are injured on the job as well as a step in the right direction making sure that businesses in this state can be competitive with businesses of other state. I ask for a favorable Roll Call.”

Speaker Turner: “The Gentleman from McLean, Representative Brady, for what reason do you rise?” 09400059.doc 108  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“To the Bill.”

Speaker Turner: “The Gentleman from Lake, Representative Washington, for what reason do you rise?”

“Thank you, Mr. Speaker. Mr. Speaker, to the Bill.” 09400059.doc 109  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“To the Bill.”

“Mr. Speaker, I rise in support of this Legislation because I think it has a lot of many… a lot of good points in it, especially when it talked about cost containment and the savings that it would create for the state. And I want to thank the Sponsors for the efforts that they put in and shows you what collaboration and coordination can do. And I urge for an ‘aye’ vote of support for House Bill 2137.”

Speaker Turner: “The Gentleman from Clinton, Representative Granberg, for what reason do you rise?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I just wanna take a minute to commend the parties involved. Without the perseverance of people like Mike Carrigan, Greg Baise and Dave Vite, this Bill would not be a reality here tonight. I have dealt with this issue for a number of years on balanced billing and that issue alone was difficult, but to reform the whole Workers’ Compensation Act is unprecedented and I think the last major one was actually 1975. So, they did a tremendous job and their commitment was absolutely fantastic. And I wanna thank the Governor for his leadership in initiating this idea. He grabbed it and took it and… I want… there’s also another person I want to commend although it pains me, and that is Representative Jay Hoffman. Without Jay’s commitment through this arduous and difficult task we would not be realizing the gain from this Bill. As a downstater and one who borders some states like Indiana, we’ve always been at a competitive disadvantage. This will help address 09400059.doc 110  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 that. It is a very serious move. And Hoffman told me to say that by the way. So, thanks to all of you. And I urge support for the Bill.”

Speaker Turner: “The Lady from Kane, Representative Chapa LaVia, for what reason do you rise?”

“Thank you, Speaker. Will the Sponsor yield?”

“He indicates he will.”

Chapa LaVia: “Jay, in Senate Amendment 3 which is… my question’s on, this legislation authorizes the use of standardized treatment guidelines. However, there may be gaps when new treatment technologies emerge that are not addressed in the treatment guidelines. And I just want you to clarify for me and for the record that the lack of new treatment not being addressed in the guidelines does not constitute a basis for denial of treatment. If you could answer that for me.”

“Yes, and… and that’s one of the reasons I’m sure that business agreed to… or labor agreed to these provisions. If… It does provide for what’s called outlier payments, in other words, may be treatment center unique, treatment center different, treatments that wouldn’t be… wouldn’t fit in the… in the medical fee schedule. So, yes, it does provide for that… that and treatment would not be denied.”

“And could you clarify what health care providers is?”

“It would mean anyone whether it’s a doctor, a chiropractor, a physical therapist, a neurosurgeon, 09400059.doc 111  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 individuals who provide health care to the people of the State of Illinois or to injured workers, I apologize.”

“I want to commend you on an outstanding piece of legislation. I’m happy and proud to be a Sponsor and good luck with the piece.”

“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“He indicates he will.”

“I apologize. Could you repeat the question?” 09400059.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“I believe that business believes that it will lower the costs substantially. I don’t… I’m not going to stand here and tell you…”

“Definitely, it’s gonna lower it by 40 percent but I will… what isn’t in this Bill is the continued commitment by business and labor to sit down and address other issues that are outstanding, issues such as the PPD rate, issues such as repetitive trauma, issues such as some of the average weekly wage calculations. And other outstanding issues that we couldn’t necessarily get to an agreement here. We have a commitment on behalf of business and labor and I know Representative Brady and Representative… Representative Granberg are gonna be a part of this again to come back together and make sure that we address even further workers’ compensation reform.”

“Well, I would not care… I would… I would categorize it as a substantial step in a journey.” 09400059.doc 113  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“I can tell you my understanding of history and my understanding of history is, during the Thompson administration he brought together for the issue of workers’ compensation, as well as the issue of unemployment insurance, what is a term of art, the agreed Bill process. And at that time, as it was today, it was the business organizations and the labor organizations sitting down on those issues. This is not agreed by all parties. There are opponents. The Illinois State Medical Society is opposed. The Illinois Hospital Association is neutral. There are… there are, I’m sure, other opponents. But by the term of art that as I understand historically on these issues who is involved at the table of the agreed Bill process, I believe that’s what was followed.”

Speaker Turner: “The Gentleman from DuPage, Representative Meyer, for what reason do you rise?”

“Indicates he will.”

“I dis… I disagree. And I… I just think there’s been misinformation about a Bill that was out there last year, over in the Senate, that I think may have had an adverse effect on some… on some entities. This… I can tell you what CMS says and what they have indicated to us. And they are not unlike municipalities or City of Chicago. They believe there could be as much as a 10 percent savings on the medical side regarding the… by having the fee schedule in place and the utilization review in place in the area of workers’ compensation medical costs. I don’t see any difference between what our experience here would be and what other municipalities and counties would experience. In addition, under the fee schedule provisions of this Bill, it’s indicated that if you have a separate contract with health care providers that that is still in place. It’s up to you. If you’re a self-insured provider, if you’re a big employer and you can get a better deal and you make a contract directly with the provider, that’s up to you. You don’t have to go by the medical fee schedule. So, I believe that we’ve attempted to put safeguards in 09400059.doc 116  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 place in order to address some of those concerns. So, I just respectfully disagree with the comments that were made by some of the municipalities as well as I disagree with the conclusion that has been made by the City of Chicago that it’s gonna cost them money. I think it’s gonna save them money.”

“There… while… while you do receive reductions in the area of medical costs, and I believe there will be reductions in some of the procedural changes that we made because we’ll get a case through the system faster and not have the cost of defense. Also, we’re cracking down on any fraud in the system which I think will bring savings. There are benefit increases to injured workers. They’re not permanent partial-disability benefit increases that were in the Bill last year. But they are…”

“…but they are increases in the neighborhood of 7½ percent on the most serious cases.”

“The people in the room of the agreed Bill process as I indicated in my comments earlier were modeled after what 09400059.doc 117  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 was done under the traditional agreed Bill processes on workers’ compensation and unemployment insurance. And that in the room were members and Representatives of each of the caucuses, members from organized labor and representatives of the business coalition. Traditionally, that’s the way it’s been done. That’s the way this was done. We did bring in…”

“…we did bring in other individuals to come and testify to the group, to talk to the group. We had open hearings where they were able to testify here. Were they actually in the room? No. Were they consulted? And cons…”

“But…”

“You’ll get one more minute.”

Speaker Turner: “The Gentleman from Jasper, Representative Reis.”

“He indicates he will.”

“No.”

“Seeing no further questions, Representative Hoffman to close.”

“If I might just address some of the procedural issues. Again, the agreed Bill process that was followed here is the agreed Bill process on these issues that we 09400059.doc 119  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 have used traditionally here in the State Capitol regarding workers’ compensation and unemployment insurance. So, this is the second time in the short time that we… the Governor’s been in office that the agreed Bill process has worked. First, we solved an unprecedented unemployment compensation crisis here in Illinois and now this is a substantial step, I believe, in reforming the workers’ compensation… the Workers’ Compensation Act here in Illinois and insuring the businesses are competitive. What… would… would we like to do more and solve every problem of the whole world? Well, yeah, of course we would. But this isn’t small changes. This isn’t just changes in forms. This isn’t just changes in procedure. These are substantial changes that are going to reduce substantially costs of businesses and make them competitive here in Illinois. But at the same time we’re doing good things. We’re cracking down on fraud. We’re saying if you are killed on a job site that you’re going to get a decent benefit. We’re saying if you’re killed on a job site we’re going to allow you to have a decent burial. And we’re raising the costs of burying… the costs of burial benefits under this Bill. We’re also saying if you lose an arm you’re going to… and it gets cut off at work, you’re going to get a 7½ percent increase. That’s in here. I’ll admit it. It’s a positive thing for people who are injured on the work site. Is that a small step? No, it’s not. It’s substantial. And making sure that we hold the line on medical costs. And making sure that for the first time 09400059.doc 120  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 here in Illinois we have utilization review for medical costs and making sure we do something that people have been trying to do for 20 years and that’s get rid of what’s called balanced billing is substantial. These are substantial changes. That’s why all of business is supportive. And that’s why all of labor is supportive. And I ask for a favorable vote.”

“Time. The question is, ‘Shall the House concur in Senate Amendments 1, 3, and 5 to House Bill 2137?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 2 voting ‘no’, 1 voting ‘present’. And the House does concur in Senate Amendments 1, 3, and 5 to House Bill 2137. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental Calendar #1, we have Senate Bills-Second Reading. Mr. Clerk, would you read Senate Bill 14. Representative Hannig.”

“Hold the Bill on Second. Mr. Clerk, we have Senate Bill 157. Read the Bill.”

“Hold the Bill on Second. Mr. Clerk, we have Senate Bill 230. Read the Bill, Mr. Clerk.”

“Hold the Bill on Second. We have Senate Bill 316. Read the Bill, Mr. Clerk.”

“Hold the Bill on Second. We have Senate Bill 490. Read the Bill, Mr. Clerk.”

“Hold the Bill on Second. Senate Bill 661, read the Bill, Mr. Clerk.”

“Hold the Bill. We have Senate Bill 676. Read the Bill, Mr. Clerk.” 09400059.doc 122  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Hold the Bill on Second. We have Senate Bill 998. Read the Bill, Mr. Clerk.”

“Hold the Bill on Second. We have Senate Bill 1442. Read the Bill, Mr. Clerk.”

“Hold the Bill on Second. Senate Bill 1815, read the Bill, Mr. Clerk.”

“Hold the Bill. Senate Bill 1843, read the Bill, Mr. Clerk.”

“Hold the Bill on Second. Senate Bill 1879, read the Bill, Mr. Clerk.”

“Hold the Bill on Second Reading. We have Senate Bill 251. Read the Bill, Mr. Clerk.”

“Hold the Bill on Second Reading. We have Senate Bill 926. Read the Bill, Mr. Clerk.”

“Hold the Bill on Second. We have Senate Bill 945. Read the Bill, Mr. Clerk.”

“Hold the Bill. We have Senate Bill 1267. Read the Bill, Mr. Clerk.”

“Hold the Bill. We have Senate Bill 1964. Read the Bill, Mr. Clerk.”

“Hold the Bill on Second Reading. We have Senate Bill 1333. Read the Bill, Mr. Clerk.”

Speaker Turner: “Hold the Bill on Second Reading. We’re starting back on the Order of Concurrences. On page 15 of the Calendar, we have House Bill 1316. Representative McCarthy.”

“Thank you, Mr. Speaker. I move to concur in Senate Amendment #1 to House Bill 1316.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 1316?’ All those in favor… I’m sorry, Mr. Black. The Gentleman from Vermilion, Representative Black.”

“Yes.” 09400059.doc 125  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Always, Mr. Black.”

“Yes, Sir. That’s act…”

“Well, this is the thing. The way we passed the Bill out of the House and it got 111 votes, including you and I, if they had one ticket for this it was up to the discretion of the Secretary of State to suspend or revoke their license. When it got over to the Senate they saw that as a problem and I personally agree with them. And they put it under the Section of a moving violations now, so that before you had to have three of these in a year before the Secretary of State would have the right to suspend or revoke your license. So, some people might look at this as a loosening of it, but I think it’s making it more responsible. Having a person caught doing this one time and having the Secretary of State having the right to suspend or revoke I think is a little bit overbearing, so this actually loosens it up a little bit by putting it under that Section the person would have three in a year before the Secretary of State could suspend or revoke. And the Secretary of State’s Office agreed with the Amendment. 09400059.doc 126  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 They did not think they needed a heavy enough hammer that they could do it after just once.”

“Well, it… it’s put on page 9 line 36. It’s put in the Section in order to make sure it’s about the people who use these phony placards, many times in Chicago, because you can park for free at parking meters in Chicago. Until I started involving myself in this Bill, I didn’t realize they would sell these phony placards on ebay and other places for thousands of dollars. And you’d think, well, who would do that just to get a better parking spot, but if people who could park downtown then and of course, sit at a parking meter all day and not pay any fees. So, it… that’s the Section that we’re referring to here as far as the Amendment and as far as the revoking or the suspending of the license.”

“It… it wasn’t when it left the House.”

“It says, ‘Any person found guilty of violating the provisions of subsection(a-1) shall be fined $500 and ‘may’ 09400059.doc 127  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 have his or her driving privileges suspended or revoked by the Secretary of State.’”

“And we changed that. Now, we changed that to, ‘anyone is guilty of an offense against traffic regulations governing the movement of vehicles which shall be fined $500.’”

“And then we put it in the subsection 6-206 of the Vehicle Code.”

“Correct.”

“And that’s what this is for.”

“I… I can’t answer your question.”

“I’m getting guidance here and it’s not helping much. But… it’s only confusing me more. This is a traffic offense, okay? And we looked at it as…”

“…as putting it in this Section, I guess to some people’s way of looking you might say it loosened it up a bit because it doesn’t give the… ya know, ‘cause it does say ‘may’, before we did this he ‘may’ suspend or revoke. So, I think… I think it’s a good… a good Amendment.”

“Okay.”

“I really apologize, but please repeat.”

“Right.”

“Correct. Correct. And this could be one of ’em.”

“Well, that that…”

“Well, that… that did come up in committee and it was clearly stated by other witnesses that they certainly have the right to come in and do this. And that Orland Park Police Department, in the… my hometown, was recently cited in both newspaper stories and by the Secretary of State and the main place where they did enforcement was at Orland Square Shopping Mall and they had over three or four hundred arrests during one… I think it was a two-weekend time period.”

Speaker Turner: “The Gentleman from Jackson, Representative Bost, for what reason do you rise?”

“He indicates he will.”

“I believe you are.”

“Sixteen or seven… hopefully, a brand new driver would be responsible enough that in his first couple of years of driving he wouldn’t go out fraudulently using a handicapped…”

“…vehicle sticker.”

“These aren’t… these aren’t people that just accidentally got in the car and drove around with this thing. I mean for a brand new driver who just went through the Rules of the Road, some of us haven’t been through the Rules of the Road for 30 years and maybe we’d forget a few things. But I think a brand new driver in his first 2 years would know a little bit better than fraudulently using a vehicle sticker…”

“…that says he’s handicapped.”

“I think… this is only for people fraudulently using the vehicle sticker, the handicapped sticker.”

“Okay.”

“Representative McCarthy suggests take it out… the Bill out of the record.” 09400059.doc 132  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005

“Thank you.”

“On the Order of Concurrences, we have House Bill 1387. Representative… We have House Bill 1445, Representative Burke. On the Order of Concurrences, page 15 in the Calendar. The Gentleman from Cook, Representative Burke on… you wish to concur on Senate Amendment 1.”

“Yes, Mr. Speaker. I move to concur with Senate Amendment #1.”

“Representative.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. As amended, House Bill 1445 would amend the Fire Sprinkler Contractor Licensing Act. And basically, what this Senate Amendment does, it simply adds language that architects are no longer necessary to signoff on spire… pardon me, on fire sprinkler plans. So, it’s rather a technical thing. It’s an agreed Bill and I would ask for the Body’s favorable consideration.”

“Seeing no questions, the question is, ‘Shall the House concur with Senate Amendment 1 to House Bill 1445?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Delgado. Delgado. The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 1 ‘present’. And the House does concur with Senate Amendment 1 to House Bill 1445. And this Bill, having received the Constitutional Majority, is hereby declared passed. On 09400059.doc 133  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 page 16 in the Calendar, we have House Bill 1480. Representative Phelps, the Gentleman from White.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I’d like to move that the House concur with Senate Amendment #1 to House Bill 1480. This is a state chamber initiative and I ask for your support.”

“Seeing no questions, the question is, ‘Will the House concur in Senate Amendment 1 to House Bill 1480?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Parke. The Clerk shall take the record. On this question, there are 110 voting ‘aye’, 6 voting ‘no’. And the House does concur with Senate Amendment 1 to House Bill 1480. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 16 in the Calendar, we have House Bill 1511. Representative Tenhouse, the Gentleman from Adams.”

“Seeing no questions, the question is, ‘Does the House concur in Se… The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“He indicates he will.”

“Seeing no further questions, the question is, ‘Will the House concur in Senate Amendment 1 to House Bill 1511?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 1511. And this Bill, having received the Constitutional Majority, is hereby 09400059.doc 135  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 declared passed. And under the Order of McCarthy, we’re gonna do House Bill 1387. Representative McCarthy.”

“Thank you, Mr. Speaker. I move to concur with Senate Amendment #1 to House Bill 1387. Senate Bill… Senate Amendment #1 was House Bill 1393 when it was over here in the House and we passed it unanimously 114 to 0. When it got over to the Senate, that Bill was not called. So in order to keep the topic alive, they amended it on completely to Senate Bill 1387. 1393 had to do with noise suppression switches in school buses and as I said before had passed the chamber unanimously.”

“The Gentleman from Vermilion, Representative Black.”

“He indicates he will.”

“Well, we had corporal punishment when I was teacher, but I don’t think that’s allowed anymore, Representative. But… unfortunately, there’s not. But this technology is available and it will reduce a good amount of the noise, hopefully. Maybe the kids’ll see it and think, hey, this is a serious thing. And I think it’s a very nominal cost. 09400059.doc 136  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 So while we can’t make the kids quiet, I’ve been on school buses with children, also, it’s… I think it’s a step in the right direction.”

“Seeing no further questions, the question is, ‘Does the House concur in Senate Amendment 1 to House Bill 1387?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And the House does concur in Senate Amendment 1 to House Bill 1387. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative McCarthy, you have House Bill 1487. The Gentleman from Cook, Representative McCarthy.”

“Thank you, Mr. Speaker. House Bill… I move to concur in Senate Amendment #1 of House Bill 1487. If we concur in that then this Bill as amended, in the Senate, will exactly parallel Senate Bill 2112. Our friends in the IEA and the IFT asked me to do this, even though 2112 is already on the Governor’s desk. So we’ll be somewhat 09400059.doc 137  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 redundant, but we do this a lot, unfortunately. So, 1487 and 2112 that are… is already on the Governor’s desk would exactly parallel and… But I would appreciate a ‘aye’ vote.”

“The Gentleman from Randolph, Representative Reitz, for what reason do you rise?”

“I was just wondering for the sake of time could we run all of Representative McCarthy’s Bills at once, just group ‘em together?”

“Well, we said we are on the Order of McCarthy. You didn’t hear it earlier, but yeah.”

“Oh. Thank you.”

“We’re trying to help him out here.”

“Okay.”

“Seeing no further questions, the question is, ‘Does the House concur in Senate Amendment 1 to House Bill 1487?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur with Senate Amendment 1 to House Bill 1487. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 1517, Representative Brady. The Gentleman from McLean, Representative Brady.”

“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 1 to House Bill 1517?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 1517. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 1565. Representative Soto, the Lady from Cook.”

“Thank you, Speaker, Members of the House. Senate Amendment #1… I’m just getting to it, Speaker. I’m just gonna ask for the file. Thank you, Speaker. Ready? Thank you, Speaker. Senate Amendment #1 for House Bill 1565 on page 1, by replacing line 26 through 28 following the Secretary of State. On page 1, immediately below…”

“The Lady moves… The Gentleman from Vermilion, Representative Black, for what reason do you rise.”

Speaker Turner: “The Lady moves that the House concurs in Senate Amendment 1 to House Bill 1565. All those in favor 09400059.doc 139  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/27/2005 should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Repre… The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 1565. And this Bill, having received a Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, the moment you’ve been waiting for, information about your future. So, this is the way it looks. The House will reconvene tomorrow at 11:00. We will work tomorrow from 11 to 4. If everybody is very attentive, we might get out before 4, but tomorrow it is the plan to work from 11 to 4. We will then reconvene again on Sunday at 2:00. And I can’t tell you what time we’ll finish on Sunday and I can’t tell you at this point what time we’re gonna start on Monday. But we will be here Sunday and Monday. So, we will reconvene tomorrow at 11. We’ll work ‘til 4. On Sunday, it’s 2 ‘til probably 6, 7 and on Monday, I don’t know what the start time is gonna be on Monday, yet. Maybe tomorrow I can tell you what time on Monday. The Gentleman from Vermilion, Representative Black.”

Speaker Turner: “Representative, as soon as we find out, probably first thing in the morning we’ll be able to tell you what Monday’s…”

“…schedule is.”

Speaker Turner: “The Gentleman from McLean, Representative Brady, for what reason do you rise?”

“And now… and now, allowing perfunctory time for the Clerk, Representative Currie moves that the House does stand adjourned until Saturday, May 28, at the hour of 11:00 a.m. Saturday, May 28, at the hour of 11:00 a.m. And the House is adjourned.”