"House Perfunctory Session will come to order. Introduction and reading of House Bills-First Reading. House Bill 5582, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5583, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5584, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5585, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5586, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5587, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5588, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5589, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5590, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5591, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5592, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5593, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5594, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5595, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5596, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5597, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5598, offered by 09400096.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Representative Cross, a Bill for an Act making appropriations. House Bill 5599, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5600, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5601, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5602, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5603, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5604, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5605, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5606, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5607, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5608, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5609, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5610, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5611, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5612, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5613, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5614, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5615, offered by Representative Cross, a Bill for an Act 09400096.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 making appropriations. House Bill 5616, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5617, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5618, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5619, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5620, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5621, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5622, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5623, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5624, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5625, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5626, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5627, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5628, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5629, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5630, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5631, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5632, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 09400096.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 5633, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5634, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5635, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5636, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5637, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5638, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5639, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5640, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5641, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5642, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5643, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5644, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5645, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5646, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5647, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5648, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5649, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5650, offered by Representative 09400096.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Cross, a Bill for an Act making appropriations. House Bill 5651, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5652, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5653, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5654, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5655, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5656, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5657, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5658, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5659, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5660, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5661, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5662, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5663, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5664, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5665, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5666, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5667, offered by Representative Cross, a Bill for an Act making 09400096.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 appropriations. House Bill 5668, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5669, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5670, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5671, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5672, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5673, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5674, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5675, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5676, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5677, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5678, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5679, offered by Representative Cross, a Bill for an Act making appropriations. House Bill 5680, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5681, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5682, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5683, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5684, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5685, offered by 09400096.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5686, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5687, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5688, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5689, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5690, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5691, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5692, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5693, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5694, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5695, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5696, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5697, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5698, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5699, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5700, offered by Representative Madigan, a Bill for an Act concerning appropriations to the Auditor General. House Bill 5701, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 5702, offered by Representative 09400096.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Madigan, a Bill for an Act concerning appropriations. House Bill 5703, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5704, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 5705, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5706, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5707, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5708, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5709, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5710, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5711, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5712, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5713, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5714, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5715, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5716, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5717, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5718, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5719, offered by Representative Madigan, a Bill for an Act concerning 09400096.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 appropriations. House Bill 5720, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5721, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5722, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5723, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5724, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5725, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5726, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5727, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5728, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5729, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5730, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5731, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5732, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5733, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5734, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5735, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5736, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5737, offered by 09400096.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5738, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5739, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5740, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5741, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5742, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5743, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5744, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5745, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5746, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5747, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5748, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5749, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5750, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5751, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5752, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5753, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5754, offered by Representative Madigan, a Bill for an 09400096.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Act concerning appropriations. House Bill 5755, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5756, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5757, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5758, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5759, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5760, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 5761, offered by Representative Madigan, a Bill for an Act concerning appropriations. And House Bill 5762, offered by Representative Madigan, a Bill for an Act concerning appropriations.”
“The hour of 12:00 having arrived, the House will be in order and Members will be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Chaplain Hank Roso, chaplain for the Bradley Police and Fire Department of Bourbonnais… the Bourbonnais Fire Department District and the Illinois Fraternal Order of Police in Bourbonnais. Chaplain Roso is the guest of Representative Dugan.”
Chaplain Roso: “Thank you, Representative Dugan, for your hospitality and kindness. I’ve certainly enjoyed meeting your peers here today. Thank you for your hard work and each one of you for your work for our great state. Let us 09400096.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 pray. Our heavenly Father, as we come to You this afternoon we thank You for Your many blessings of grace and mercy upon us. We thank You for our homes, our health, and the happiness You bring to our lives. And God, we thank You that Your word says in Psalms that You watch over the nations. God, we know that You watch over this nation, it’s so obvious in the many ways we’ve been blessed. And even over this great state, God, by the Representatives who are here today. Thank You for their sacrifice and investment of time and energy and talent. Thank You for their commitment to this state. And God, I ask that You bless them in every way today. I pray that Your hand would be upon their families, that each one would come to know Your grace and goodness and Your peace. And Father, as we gather here this afternoon, I pray that You give each one here wisdom and understanding and integrity. We thank You for all these things. In Your name we pray, amen.”
“Representative Ramey, would you lead us in the Pledge today.”
“I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
Speaker Hannig: “Roll Call for Attendance. Representative Currie.”
"Thank you, Speaker. Please let the record reflect that Representatives Giles and Patterson are excused today.”
“And Representative Bost.” 09400096.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you, Mr. Speaker. Let the record reflect that Representative Froehlich is excused today.”
“Mr. Clerk, take the record. There are 100 and… excuse me. Representative Bost.”
“If the record will also reflect that Representative Black is excused today, as well.”
“Okay, the record will so reflect. Okay, Mr. Clerk, take the record. And there are 114 Members answering the Roll Call, a quorum is present. Mr. Clerk, read the Rules Report.”
"Rules Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motions were referred, action taken on February 21, 2006, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #2 to House Bill 2006, Amendment #2 to House Bill 4125, Amendment #1 to House Bill 4203, Amendment #1 to House Bill 4258, Amendment #3 to House Bill 4300, Amendment #2 to House Bill 4397, Amendment #1 to House Bill 4398, Amendment #1 to House Bill 4694, Amendment #1 to House Bill 4727, Amendment #1 to House Bill 4743, Amendment #2 to House Bill 4768, Amendment #2 to House Bill 4822, Amendment #1 to House Bill 4835, Amendment #1 to House Bill 4965, Amendment #1 to House Bill 4971, Amendment #1 to House Bill 5216, and Amendment #1 to House Bill 5269; referred to the floor on the Order of Second Reading is House Bill 2012; referred to the House Committee on Rules' are House Resolution 936, House Resolution 939, House Resolution 940, House Resolution 941, House Resolution 09400096.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 943, and House Joint Resolution 99, and House Joint Resolution 101, and House Joint Resolution 102.”
“Representative Stephens, for what reason do you rise?”
“A point of personal privilege, Mr. Speaker.”
“Yeah, state your point.”
“Well, I would… I would remind the Members that the Governor was here just last week and gave his Budget Address, and in that Budget Address he talked about the fact that all was well, we are no longer in debt, we… the balance… the budget is balanced. And… and he even looked at us… he looked particularly straight at the Republican side of the chamber and he said, ‘The pension system is in great shape.’ Well, the pension system is not in great shape. And as we begin this week of Appropriations hearings, I think it’s most appropriate that we understand exactly what this budget is about. And what this budget is about, it’s starting out by raiding Illinois pension funds, which, by the way, every taxpayer in Illinois is liable for. We are raiding those funds again in order to balance the budget that this Governor just doesn’t seem to be able to balance any other way other than to raise fees, raise taxes, and steal money from our children, the next generation. With that in mind, I’m reminded that this year in Chester, Illinois… I don’t know if Representative Reitz is on the floor. There he is. Danny, you’re… you’re celebrating 75 years of Popeye. And those of you that are my age or thereabouts will remember Wimpy… Wimpy, the little guy that ate hamburgers all the time. He’s gonna be 75 years old 09400096.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 too. And I think there’s going to be a statue erected in Chester, Illinois, to commemorate Wimpy. Well, I want all Illinoisans to look at that statue and remember Wimpy’s claim to fame. Wimpy’s claim to fame was, ‘I will gladly have a hamburger today if I can only pay you Tuesday.’ Well, this Governor wants to pay us back for the money that he stole from the pension funds, the hamburgers that he stole from our children and our grandchildren, he wants to pay for ‘em next millennium, some time in the future. Don’t worry, be happy. Have a hamburger. And so, all of my colleagues, we’ve got hamburgers right down here. We’d like ya to come and pay for ‘em today, though. If you want a hamburger, bring us a buck. Bring us a buck. Pay as you go. Not pay to play, pay as you go.”
“Representative Bost.”
“Thank you, Mr. Speaker. You know, as we joke about this, we’re not joking. We’re not joking. The fact that the Illinois ranks fiftieth in all pension funds in the United States is embarrassing. How do you think those people feel that have retired? They worked hard, now all of a sudden they’re in retirement and find out that their retirement, which they paid into, is being robbed and invested into pork projects all around this state. With all the debt that we’ve incurred under this current administration, how can this Governor even thinkin’ about proposing new programs? And how can you think about voting for him? Folks, we’re in a state where we need to pay today for what we’re doing. We don’t need to keep aggressively going after our pension money and every other asset that we have out there. We need 09400096.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 to be sensible about what we’re doing. We need to come up with a responsible budget plan that includes repaying the pension systems, not keep borrowing or, in this case, stealing from it. Ya know, it’s not too late. We can get back on track. You guys over on that side of the aisle, you guys and gals, you can come over and we can work together and come up with some sensible plans and sensible ideas. Oh, joke, laugh, stick your thumbs up. It’s all great. Come on, have a great time with it. Go ahead. Because you know what? You’re gonna have to look in the eyes of these people. You’re gonna have to look in their eyes and say why did ya… why did you take their money. I don’t want a part of it. I came here to do a responsible job and that responsible job is to look for the future of our children, to make sure that we don’t leave ’em in debt, to make sure that we don’t just walk out of here and say, ‘Oh, never mind. We’ll get to it later.’ Ya know, Wimpy’s a cartoon. It’s all a game, something you… we used to watch on Saturday mornings or in the ev… on the evening cartoon shows when we were kids growing up. Folks, this isn’t a game. This is people’s lives. Work with us. Come together. Let’s make some decisions together and let’s get this problem cured. Let’s not push it off to the next generation.”
“Representative Winters.”
"Thank you, Mr. Speaker. We are offering something that I think the Democratic side of this chamber has taken advantage of too long, we’re offering a free lunch today. Hamburgers is a symbol of trying to spend and consume today without paying for it. And it really shames me to be a part 09400096.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 of the Illinois Legislature that in the past 3 years has managed to run our unfunded pension liabilities up to almost $40 billion. Forty billion dollars. Do you know the #2 state in the United States owes less than 30 billion? Ohio, the same population as we have, they’re the second worst in pension funding. We’re $13 billion in worse shape than Ohio. How can we stomach what we’re doing to the citizens of this state? Doesn’t it make you sick when you go home on the weekends, talk to people that have a salary, they’ve got a… an hourly job, and know that you spent more money than they’re giving to the state in their taxes? We continue to spend, to build new programs. How can we have the… the gall, the guts to go home and talk to them and hold our chin up, hold our face in front of them and say we’re doing a responsible thing? People, we’re not being responsible. We have new income coming into the general accounts this year, but instead of spending them and making up our past pension shortfalls, what are we doing? We’re adding new programs. We’re continuing to spend. And we’re not even paying it with current revenue, we’re using one-time. We’re shorting all of these funds, we’re taking money that was dedicated to other purposes, building new programs with no long-term funding for them whatsoever. We should earmark these new funds to pay down our past bills. Stop running up the Medicaid shortfall, stop making the doctors and hospitals continue to stretch out their payment cycles ‘cause the state’s a deadbeat. That’s what we are, we’re a deadbeat. And you can enjoy your hamburger today, but the citizens of 09400096.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 this state are going to be paying over the next… the next century to pay back what we’re doing in these 4 years.”
“Representative Lindner.”
“Thank you, Mr. Speaker. A point of personal privilege. Now, Mr. Speaker, you remember Wimpy in the old Popeye cartoons. He’s the one who said, ‘I’ll gladly pay you Tuesday for a hamburger today.’ Now, all the Members on our side of the aisle are wearing their Wimpy buttons. Show your Wimpy buttons, everybody. Show your Wimpy buttons to the other side of the aisle. Remember last year when you all voted for this pension raid so you could pay for projects in Chicago and pork in down… in other districts through the state. And now, the 1.1 billion raid of the pensions is going on again. We’ve gotta stop this diversion of our pension payments and start paying our obligations on time. Before the raid, we were on with the 1995 law, we were making our payments like we should. You have mortgaged every child, every grandchild in the state, and now is the time to end this reckless use of taxpayers’ money. Let’s not be like Wimpy. Let’s not be wimps either. Let’s end the pension raid. Start paying back the diverted pension funds and get a responsible payment schedule. Thank you.”
“Representative Meyer.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, if I could just have your attention for just a brief couple minutes here. And I… I know that people don’t wanna hear this. Ya know, none of us like to hear that we’re in debt, but we are. This state is in horrible debt. And we’re facing a real crisis in this state and the Governor 09400096.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 and it appears that Members on your side of the aisle, by not paying attention, you’re lending a deaf ear to the problem that we have. We have a problem with our pension systems, folks. The Governor can do his PowerPoint, we can look at the nice pictures, he can declare that we’re in better shape today than we ever have been before with our pension system, he can say that the state no longer has any deficit. Now, if you wanna believe that, if you wanna slumber through the problem, if you don’t wanna contribute to the solution to the problem, if you wanna create the problem, go ahead. It appears that the folks on your side of the aisle are more interested in cutting a deal with the Governor, of getting Member projects, of getting pork than you are of creating a budget that makes sense, a budget that pays the working people of this state the money that they deserve into their pension systems. The situation’s getting worse, folks. I have two grandkids that are gonna to end up paying for the mistakes that are made in this Body today. Last year, you outer we… you underfunded the pension systems by $1.3 billion. This year, you’re going to underfund it by another $1.1 billion. We are at dead last in how our pension systems rate in terms of being… having money paid into ’em that should be. These are real problems, folks. Now we hear that the Governor wants to sell the tenth gaming casino license again, and he’s gonna give that money to the pension system. How, many times is he gonna sell that tenth license for something? So far, he hasn’t sold it once. Well, we need to start repaying our… our pension system today. I have a Bill that’s out here in the Rules 09400096.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Committee, I’d like to get it released. I’d like to have some discussion on this House Floor. I’d like to take it to committee and have people consider it. And I think that if all of us would work together and take a look at that legislation, that we could reach an accommodated agreement, we… we could find a way. And it’s a bipartisan Bill, it gives both Houses… it gives both Parties in both Houses the same number of people to try and come up with a task force solution to the pension issue and to pay back that which we’ve already borrowed, because every dollar that is not paid in today will cost us at the end. And so far, the damage has been done by this Body, and principally, the people on the other side of the aisle. With the Governor acquiescing and signing that legislation, is gonna cost us about $38 billion. That’s $38 billion to pay it back at the end of the period. Well, I can see that I’m getting a deaf ear here again today. Nobody really cares, I guess, from the other side of the aisle. If you do, please engage us in a discussion, we’d love to have it. Thanks for your attention or lack thereof.”
“Representative Pritchard.”
"Thank you, Mr. Speaker. I rise for a point of personal privilege. Ya know, all of us have jobs that we do when we’re not here working on the people’s business in the Legislature. And when I’m home, I have the pleasure of working on a family farm and helping manage the farm. And I knew growing up that there was no such thing as a free lunch. Today, you kind of have a lunch that you can get down here in front that you don’t have to pay for, but 09400096.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 somebody has to pay for that. And that’s a little bit like our pension system. We can’t have a free pension system unless someone pays for that. When I’ve been back in the district I’ve had a lot of constituents ask me why we aren’t fully funding our pension. What we’re doing in the budget this year is underfunding what we’re supposed to pay. And for each dollar we’re underfunding will cost someone $11 in the future to catch up. I would urge us to use a little bit of accountability and responsibility as we put our budget together and to look at the appropriate level of funding for our state pensions. To promise people and then not deliver a pension is disingenuous. I think we need to look at what we’re promising people and fully fund our budget. I would encourage you not to look at a free lunch. Pensions cost us something, we need to pay the bill. Thank you, Mr. Speaker.”
“Representative Durkin.”
"Thank you, Mr. Speaker. Pursuant to House Rule 18(g), I rise to move to discharge House Bill 5572, Representative Meyer’s Bill, from the Rules Committee where it has been languishing for months in the Rules Committee. House Bill 5572 would reverse the 2007 fiscal year portion of the administration of the Democrat’s 5-year raid on the state’s pension fund. This raid has put Illinois as #50 in the nation in meeting its pension obligations. House Bill 5572 reinstates the continuing of pension appropriation for fiscal year 2007 and beyond. House Bill 5572 revurns… returns State Law to 1995, the 50-year plan for 90 percent funding by 2045. House Bill 5572 also creates a four- 09400096.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Member legislative task force to study the 2006… 2006 fiscal year pension grab and to make recommendations to the General Assembly on how to repay the last fiscal year 2006 payment over a 10-year period. Mr. Speaker, the task force would have to make this recommendation by January 1 of 2007. Can we have a discharge of House Bill 5570… 5572 today, before, ya know, we continue to create more and more debt on the back of this pension fund? I believe this is a reasonable response and I would ask that you comply with this request. I know the Motion has been filed.”
“Okay, so the Gentleman has moved to discharge the Rules Committee. This requires unanimous consent. Representative Currie.”
"Thank you, Speaker and Members of the House. I object to the Motion.”
“So, Representative, there apparently is not unanimous consent, so your Motion fails.”
"Well, at that point, Mr. Speaker, I’m gonna ask that a Motion be made to overrule the Chair on that Motion.”
Speaker Hannig: “So, the question is, ‘Shall the Chair be sustained?’ All in favor of sustaining the Chair should 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… Mr. Clerk… Mr. Clerk, take the record. On this question, there are 62 voting ‘yes’ and 51 voting ‘no’. And the Chair is sustained. On page 11 of the Calendar, Representative… excuse me. Representative Parke, for what reason do you rise?” 09400096.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you, Mr. Speaker. I rise on a point of personal privilege.”
“State your point.”
“Thank you. We all, fortunately, celebrate a birthday, and I have the pleasure of celebrating my birthday today. So, my able assistant and wonderful secretary is providing cake. So, let them eat cake and I wish everybody a great birthday on their own. Thank you, Mr. Speaker.”
Speaker Hannig: “Thank you, Representative Parke. Representative Phelps, for what reason do you rise?”
“Point of personal privilege.”
“State your point.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We all love… we know it’s tournament time and we all love U of I basketball, and just recently we heard that U of I was gonna bring back Lou Henson to set on the bench as an honornary… honorary coach. But something happened to Coach Lou Henson the other day when we found out he was going to dress up and sit on the bench. Someone has stolen… or something… his sport coat is missing. His orange, legendary, sport coat is missing. So if you know where that sport coat’s at, Lou Henson wants it back. And you can call the Speaker’s Office. Thank you.”
Speaker Hannig: “Representative Bellock on page 11 of the Calendar, under the Order of House Bills-Third Reading. We’re gonna start and go right down the Calendar. Representative Bellock, do you wish us to read this Bill? Mr. Clerk, read the Bill.” 09400096.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"House Bill 686, a Bill for an Act concerning liquor. Third Reading of this House Bill.”
“The Lady from DuPage, Representative Bellock.”
“Thank you very much, Mr. Speaker. What this Bill does is, 686, is to… that no person shall bring into this state for use or sale any alcohol without liquor… liquid machine. This is called an AWOL machine and this is something new that’s springing up all over the United States. It’s been banned in several countries and what it does is it mixes oxygen with the use of spirits and it’s inhaled or snorted. And it is a quick high within 10 minutes, going directly to the brain rather than through the normal thing of going through your stomach and being filtered by the liver. So, what it does is is kids tend to get immediately high within 10 minutes, and it also is something that appeals to teenagers because there are no calories involved. So, we’re asking for your support on this issue today.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sacia, do you wish to be recorded? Okay. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Berrios, do you wish us to read 874? Okay. Out of the record. Representative Reis, you have House Bill 4157. Out of the record. Representative Fritchey on House 09400096.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Bill 4173. Out of the record. Representative Franks, you have House Bill 4205. Mr. Clerk, read the Bill.”
"House Bill 4205, a Bill for an Act concerning business. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker. House Bill 4205 will bring Illinois, along with 17 other states, in a way to really help protect our consumers. This Bill passed committee unanimously and we had an Amendment that was agreed on by IRMA, though… though they don’t agree with the underlying Bill. Again, that passed unanimously. And what this Bill does is it will change the way we do business in Illinois when it comes to gift cards. As you know, gift cards are one of the largest growing segments in re… in retailing. Last year, over $40 billion was spent on gift cards. But many gift cards have an expiration date, and they also have a dormancy fee. So if you’re not using that gift card, they’ll charge ya a couple of bucks a month for not using it. This Bill will take away the expiration date as well as not allow additional fees. Now, I think it’s very important. If you go into a store and you buy a gift card and you spend $50, the recipient should expect that they’re gonna get $50 worth of product. The recipient shouldn’t come back a few months later and find that the card’s not worth $50, it’s worth $30. Or if you misplace it and pick it up a year and a half later, find out that the money you spent is now useless. I would ask for an ‘aye’ vote and I’m happy to answer any questions.” 09400096.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Okay, the Gentleman has moved for the passage of House Bill 4205. There are a number of Members seeking recognition, so we’re gonna put this on Standard Debate. First is Representative Bost.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
“Representative, I think it’s something… and we did talk about this in committee and I think it’s important that the entire Body knows as they vote for this. This is only if… we can only enforce this if the business is located and their distributorship for those cards is located in the State of Illinois. Is that correct?”
“If they’re purchased in the State of Illinois.”
“If they’re purchase is in the State of Illinois.”
“Correct.”
“We… we can… we can stop, like, a company… isn’t it their primary office? I thought that was in the debate, that their primary office has to be in the State of Illinois.”
“No, Sir. It’s… it’s purchased in Illinois. It doesn’t have to be only an Illinois company.”
“Okay. You mean if… if the gift card is purchased in Illinois, correct?”
“Yes. Yes, Representative.”
“Okay. All right. So, in other words, if… if somebody takes and… let’s say, for instance, JCPenny’s in Missouri.”
“Right.”
“They… they… you can go buy a gift card and sends it to ya. That expire… expiration date still holds and… and you 09400096.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 won’t all of a sudden walk in and go, oh, that’s against State Law.”
“Correct.”
“Okay. I just needed to make sure that that was clear to the Body so that when we tell our constituents that, oh, we’re gonna stop this, and all of a sudden they come back into your offices and say, ‘Well, I thought we stopped this in the State of Illinois.’ That is not the case if that is purchased outside the State of Illinois. Thank you.”
“Representative Meyer.”
“Thank you, Mr. Speaker. Would… would the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, is… are there opponents to this legislation?”
“Yes, Sir. IRMA I know is an opponent and I haven’t looked at my… see if anybody else…”
“I heard you indicate IRMA. Who else did you indicate?”
“Let me see. It looks like Illinois Restaurant Association, according to our analysis. They didn’t testify in committee, neither did… the Illinois Financial Services Association is apparently an opponent, but they didn’t testify. Illinois Cosmetology Association, they didn’t testify or speak to me. And the National Association of Theater Owners. Again, they are listed as a… an opponent but they didn’t speak to me or testify.”
“I understand. Okay, that clears it up for our questions, so thank you.” 09400096.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
Speaker Hannig: “Is there any further discussion? Then Representative Franks to close.”
“I think our Attorney General said it best when Lisa Madigan, talking about the gift card, said, ‘It’s the gift that keeps on taking.’ This is a way to let consumers know that if they spend a certain amount, that’s what they should be entitled to. It’s a good consumer protection Bill. And ya think about the kids who get a… who get a gift card for Christmas and they hold on to it and thinkin’ they’re gonna be able to go buy something and they come a year later when they… and they’ve saved and they can’t get… and they can’t buy what they thought they were gonna be able to buy. We should be doing this. We should join the 17 other states that are doing it and I hope you all vote ‘yes’.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Nekritz, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jakobsson, do you wish us to read 4221? Mr. Clerk, read the Bill.”
"House Bill 4221, a Bill for an Act concerning education. Third Reading of this House Bill.”
Speaker Hannig: “The Lady from Champaign, Representative Jakobsson.”
“Thank you, Mr. Speaker. House Bill 4221 amends the Higher Education Student Assistance Act. It provides that 09400096.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 if any student loan held by the commission is sold or transferred to a private entity, then the private entity holding the loan must offer an interest rate on the loan that is the same as or lower than the commission offered at the time of sale or transfer. And also, a private entity must offer the same fee reduction plan that was offered by the commission at the time of the sale or transfer.”
“The Lady has moved for the passage of House Bill 4221. This is on Short Debate. Does anyone speak in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Graham, Representative Golar, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Durkin, you’re next with House Bill 4286. Out of the record. Representative Stephens, you have House Bill 4291. Do you wish to have us read that Bill? Mr. Clerk, read the Bill.”
"House Bill 4291, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Bond, Representative Stephens.”
“Well, thank you, Mr. Speaker. This Bill is meant to address an issue that… that occurs in every correctional facility in the state, and that is that a nurse happens to be a state employee. That nurse is mandated for overtime. 09400096.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 They… if they are mandated, they must appear, which is a little unfair since if you are a contractual nurse you’re not mandated for overtime. And the seriousness of the issue is that if you don’t… if you’re told to go to overtime and you don’t appear, then you get written up… four times you’re written up and then you’re out. So, this is just meant to create some equity among the nursing staff at the various correctional facilities. Be glad to answer any questions.”
“The Gentleman has moved for the passage of House Bill 4291. This is on Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cultra, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Beaubien. Out of the record. Representative Kosel on House Bill 4333. Out of the record. Turning the page to page 12, at the top of the page. Representative Reis, you have House Bill 4334. Mr. Clerk, read the Bill.”
"House Bill 4334, a Bill for an Act concerning finance. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Jasper, Representative Reis.”
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4334, as amended, exempts the Underground Storage Tank Fund from 09400096.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 administrative charge-backs and also exempts the State’s Attorney Appellate Prosecutor’s County Fund from administrative charge-backs. I’d be happy to answer any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative… Okay, Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Holbrook, do you wish us to read 4363? Out of the record. Representative Black has been excused. Representative Leitch on House Bill 4369. Mr. Clerk, read the Bill.”
"House Bill 4369, a Bill for an Act concerning local government. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Peoria, Representative Leitch.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is simply a TIF extension Bill for the Village of Princeville. The village lost an Alcoa plant and they have, as a result, suffered some considerable economic disadvantage in their community. They’re very aggressively working to replace the closed plant and a couple car dealerships and gas stations with new businesses. And so, I would ask for your support for this extension.” 09400096.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 1 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Brauer. Out of the record. Representative Wait. Representative Wait has House Bill 4396. Out of the record. Representative Ramey, you have House Bill 4438. Mr. Clerk, read the Bill.”
"House Bill 4438, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from DuPage, Representative Ramey.”
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill that, 4438, we’re introducing today is to make the criminal act of identification theft by state employees, given them, if this occurs, some repercussions to their thefts. Take any questions on the Bill.”
“This Bill is on the Order of Short Debate. And in response, Representative Franks.”
“…Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
“Have you got any calls from Lou Henson or Huggy Bear?”
"Just regarding Lou Henson, he went to New Mexico State. It was too warm for the jacket, so…” 09400096.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Okay. Well, that’s… that explains it. I’m… I’m looking at my analysis here and… could you explain the Bill a little more because I’m not sure I understand exactly what it does. Because I… our first line says it makes it a crime to… is it to go through the garbage and get somebody’s information?”
"No. It makes it a crime if that information is put in the garbage, not destroyed properly.”
“Okay. All right. And now, how will we… I guess I’d… I’d ask how would we know if someone did this? I mean, what kind of tracking devices do we have now? Do we have something on our computer systems that will track who is accessing the information, whether they’re printing it out? ‘Cause obviously, we’re… we’re not watching how they disposed it… or disposed of it. But how do we know who actually touched this information?”
"It… I know from personal working relation with the Secretary of State’s Office, each person types in with a code to get into the computer. And so, that gives… we know exactly who’s accessing that information. Now, I don’t know ‘bout other state agencies on that, but I know the Secretary of State’s largely… the biggest office that would be facilitating these… these records, getting into them. So, they do have a flag. If something comes up they know who’s into those records.”
“’Cause I’m just wondering ‘cause there’s been a real consolidation, as you know, in State Government under CMS. And I understand that CMS is purchasing… or leasing a number of computers for all the state agencies. And I’m wondering 09400096.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 if you’ve spoken with someone in CMS to be able to… to follow up, much like you’ve done with the Secretary of State, ‘cause I understand what you’re trying to do and it makes perfect sense, I’m just wondering how it can be implemented on a cost effective basis and how it can be followed up on.”
"The CMS we spoke to, they didn’t have any opposition to this Bill. And as I understand it, they are working on that but that is not available as of yet. We have just found an article that just was… happened last year. Two state agencies were just disposing of these records in garbage cans and they were fully found intact.”
“I’m sorry. I couldn’t hear you, Representative.”
"I’m sorry. I… I got a news story here that just happened last year. Two state agencies had… records were found just outside their offices fully intact, information about date of birth, Social Security cards, numbers, and all private information. So, it’s important… and then stated in this article, there’s only one person currently available to track this. So, we wanna make sure that employees understand the severity of this and the problem of ID theft in this state.”
“Have Amendments #1 and 2 been adopted?”
"Yes, they have.”
“Okay. So what this now is a… you have to knowingly do it. It’s not gonna be if you inadvertently do it. You have to knowingly use someone’s information.”
"Knowingly with intent to commit the crime.” 09400096.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Okay. I think it’s a good Bill. I’d just encourage you to work with CMS to make sure when they redo their computer system that there is a way to have this tracked.”
"Thank you. I will.”
“Thank you.”
“Okay, we’re gonna put this on Standard Debate so that we can recognize some additional Members. Representative Molaro.”
“Well, thank you. You didn’t have to do that. I was just gonna inform the Representative, obviously that’s Pate’s jacket. But when Pate used to wear it he’d give us a day’s notice so we could wear sunglasses, and I’d like you to do the same, Sir.”
“Representative Gordon.”
"Thank you, Mr. Speaker. Will the Sponsor yield?"
“Indicates he’ll yield.”
"Representative Ramey, does this Bill have anything to do with the penalties involved in possessing stolen property?”
"No.”
"Oh, okay. So… so you’re not concerned that you may have someone else’s sport coat based upon this Bill, right?”
"No, I’m not concerned right now.”
"It’s a felony, and I know a few lawyers if you need one later today.”
"Would you help?”
"Absolutely.”
"Thank you.” 09400096.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"And also, to the Bill, Representative. This Bill deals with someone who specifically… Representative Ramey, let me just clear. This Bill deals with someone who specifically has the intent to commit identity theft, is that correct?”
"That is correct.”
"And so, it’s not someone who just, ya know, threw away something, some note on their desk, and didn’t mean to and that information was taken by someone who… who got into a dumpster, is that correct?”
"Correct.”
"So a specific intent to commit a crime has to be formed, is that right?”
"Correct.”
"Thank you. To the Bill, Mr. Speaker.”
“To the Bill.”
"Ladies and Gentlemen, Representative Ramey has done an outstanding job of bringing this issue to the attention of this Body. There are people who… who work for the state who do a wonderful, wonderful job. But when someone has the intent to commit identity theft by taking advantage of their position, they deserve to be punished to the fullest extent of the law. And I thank the Representative for pre… for presenting this to this Body. It is the reason why I became a chief cosponsor on this Bill and I highly recommend that everyone in the chamber support it. Thank you.”
“Representative Holbrook.”
“Thank you. Representative Ramey, House Bill 4449 we sent over to the Senate last week, addressed if these were in notification requirements. Are… would you like to make 09400096.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 those notification requirements also part of this penalty or is this strictly for criminal intent for identity theft?”
"This… this is strictly for criminal intent.”
“I’m fine with that. This’ll will be a great companion Bill which already in the Senate then. I support it, love to be a Sponsor, put me on.”
"Okay.”
“Any further discussion? Representative Ramey to close.”
"Thank you, Mr. Chairman. I appreciate all the support people gave me in working on this Bill. It came out kind of rough and we worked hard on it to get it… to get it done right. And I’d appreciate an ‘aye’ vote on this Bill.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Represent… Representative Lindner, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Ramey, for what reason do you rise?”
"A point of personal privilege.”
“State your point.”
"To Mr. Molaro’s question earlier, if Pate could fit in this jacket, I’d be very surprised. I hardly fit in it. I’m twice the man I am now than I used to when I got it. Thank you very much.” 09400096.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Representative Yarbrough, you have House Bill 4519. Mr. Clerk, read the Bill.”
"House Bill 4519, a Bill for an Act concerning property. Third Reading of this House Bill.”
“The Lady from Cook, Representative Yarbrough.”
“Thank you, Mr. Speaker and Members of the House. House Bill 4519 is cleanup language from language that we sent out of here last year. It amends the notification requirements that were added to the Mortgage Escrow Account Act to provide that if mortgage lenders provide alternative notice of tax payments to borrowers, this alternative notice must be given at least once annually. Last year, I guess some of the lenders… there was some ambiguity in the… in the language and they thought that they only had to do this once during the course of a loan. I’d be happy to answer any questions.”
“This is on the Order of Short Debate. Does anyone speak in response? Then the question is, ‘Shall this Bill pass?’ All in favor say ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Representative Lang, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 111 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bradley, you have House Bill 4529. Out of the record. Representative Monique Davis, you have House Bill 4541. Do you wish us to read that on Third? Mr. Clerk, read the Bill.” 09400096.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"House Bill 4541, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill.”
“The Lady from Cook, Representative Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. House Bill 4541 is a Bill that says ‘administrators’ will be defined in order to vote in the Chicago Teachers Pension Fund. There are no… there is no opposition to this legislation. It’s a companion Bill to something we passed this spring that said teachers would vote for teachers, administrators would vote for administrators. And we’re just asking for a favorable vote. Thank you.”
“This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, is there anything in here that could be construed as to not making the… the City of Chicago making proper payments into the Chicago pension system?” Davis, M.: “There is absolutely no financial anything in reference to this Bill. Nothing.”
“All right. Is it your intent that this Bill shall be only used for the purpose of which you presented to us today, or will you entertain Amendments in the Senate on this Bill?” Davis, M.: “We would not entertain any Amendments to this legislation. Absolutely none.”
“Thank you, Representative. I appreciate that.” 09400096.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Representative Rose.”
“Thank you, Representative. Can you tell me what a Type 75 Certificate is?” Davis, M.: “A Type 75 is a de… it’s a certificate where a certain number of courses were administrative courses. In order to be a principal or an administrator in Chicago you have to have a master’s degree, which includes a Type 75 Certificate. It includes a number of courses in budgeting, a number of courses in school finance, a number of courses in personnel management. So, in order to be a principal or administrator in Chicago you’re mandated to have a Type 75 Certificate.”
“And they’re not already included in the… in the definition of ‘administrator’?” Davis, M.: “Well, there was some concern about whether all people who did that work were administrators. So just to… excuse me… clarify the language, we defined an ‘administrator’.”
“Is there anyone else that would qualify besides what you just outlined?” Davis, M.: “I’m sorry, I can’t hear you.”
“Is there anyone else who would qualify besides what you just outlined to me?” Davis, M.: “No.”
“Okay. Thank you, Representative.” Davis, M.: “You’re welcome.”
“Representative Davis to close.” Davis, M.: “Thank you very much. And we urge an ‘aye’ vote.” 09400096.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4606.”
"House Bill 4606, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“The Lady from Cook, Representative Berrios.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4606 amends the Criminal Code provision for se… certain sexual offenses. Specifically, the Bill does two things. First, we are eliminating the requirement that a victim of certain sexual offenses has to report the offense to law enforcement within 2 years of its occurrence in order for the 10-year statute of limitations to apply. And second, the Bill clarifies a current provision that protects victims of sexual crimes where the defendant had a fiduciary or professional relationship with the victim at the time the crime occurred. Current law provides that prosecution may begin within 1 year after the victim’s discovery of the offense. The Bill clarifies that this applies even if the statute of limitations has expired. I’m willing to answer questions.”
“This is on the order of Short Debate. Does anyone speak in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The 09400096.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hamos on 4676. Mr. Clerk, read the Bill.”
"House Bill 4676, a Bill for an Act in relation to aging. Third Reading of this House Bill.”
“The Lady from Cook, Representative Hamos.”
“Thank you, Speaker, Ladies and Gentlemen. House Bill 4676 would follow 41 other states that have already added the issue of self-neglect for seniors into their elder abuse laws. Self… so, right now our elder abuse laws only pertain when there’s an outside force, someone who is abusing, neglecting, or committing financial exploitation. In this case, we want to introduce the concept of self-neglect, when a senior, due to diminished capacity or physical or mental impairments or both, actually cannot perform some of the self-care tasks that would… may potentially threaten that person. The Bill would… bring in the definition. It would require multidisciplinary teams to actually develop some protocols for how to handle and refer these cases. And that’s pretty much what the Bill does in its current form and I’m not aware of opposition, except from the organizations such as the case coordination units who are worried that this is going to add to their caseload, and we haven’t exactly provided the funding that would allow them to do a really comprehensive job. My perspective on that is that once we quantify how many cases there are we can 09400096.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 advocate for the funding. And I’m ans… I’ll be happy to answer questions.”
“This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Well, I can understand. Can’t you, that this might very well put more cases with case coordinator units, the very people that are serving our elderly? And if they all of a sudden find that their caseload doubles, what good are they doing with the other people that they’re serving? Don’t… isn’t that a concern that you have?”
“Well, what we have provided, Representative Parke, is that it’s relat… it’s kind of subject to appropriations. What we say in the Bill is that if we don’t provide the funding for it, then face-to-face assessments will not be required until such time as we do provide for that. In addition to that, this year the Legislature is also… the Governor’s budget also increa… plans to do a sizeable increase for the case coordination units. So, between those two concepts and the fact that we will start quantifying the incidence of these cases, this is really just a first step.”
“Well, it seems that the Governor is giving something to everybody. This is just another… do you know for sure this is gonna be included in his… in the budget? Is it there now? Have you seen it?”
“Yes, Representative Parke, it is in his budget right now. And part of the reason it’s in his budget is that 2 years ago we went… as a Legislature, we got very much behind 09400096.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 a major effort to restructure the long-term care system. Case coordination units and case management for seniors to allow them to stay in their homes and to do that in a way that they get the services, that they’re not self- neglecting is a part of that whole strategy. So what’s in the Governor’s budget is an attempt to deal with a Bill that we passed 2 years ago, but it will also put… take some pressure off of the case coordination units this year.”
“How much did he put into that line item to take care of this? What’s the amount?”
“I think I saw somewhere around 8 or 9 million dollars. It was a pretty sizeable increase.”
“That’s a lot of money.”
“Yeah.”
“Well, obviously this Bill must be something that’s gonna create an awful lot of more people. Let me ask you, does this apply to euthanasia? I mean, isn’t that the ultimate self-neglect of an individual?”
“I don’t… I don’t think I understand…”
“Is there any aspect of euthanasia in this Bill?”
“…what euthanasia has to do with self-neglect.”
“Well, isn’t that where their… they take their own lives?”
“I just don’t understand…”
“So there’s nothing in here that relates to that?”
“I can’t… I don’t think it applies to it. No.”
“Okay. Thank you.”
Speaker Hannig: “Representative Mulligan. Representative Mulligan, 5 minutes.” 09400096.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, I was quickly trying to go through the criteria that would mean the person is actually neglecting themselves and it… it appears to me, as I was going through it, that it seems to be fairly extensive so that the person that reported it or did something would be on pretty firm ground as far as identifying that they were declining or not taking care of themselves. When you do this or the agency reports it, abuse… are abuse statistics kept in a way that generates more funding for that individual entity of government or area… geographic area that has more cases of elder abuse?”
“Well, if I’m remembering correctly, Representative Mulligan, just last year we increased the funding for the elder abuse programs, and in part it was based on the statistics they were able to bring to us that demonstrated that there was, in fact, a pretty big caseload that… with a need to do follow… to do follow-up. So, I do think there’s a connection between, ya know, keeping data and then coming in to advocate for funding, if that’s what you meant.”
“Well, basically state funding. But does it generate… it would generate also local or more funding in a certain area if they have more cases… reported cases of elder abuse?”
“Well, as an example of that… I think you’re raising a very good point. This Bill was brought to us by the Chicago Department of Aging and they became concerned about self- neglect when we heard about the terrible heat wave a few 09400096.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 summers back that resulted in hundreds of deaths. And what they found out is that a number of seniors were living in their homes that were not taking care of themselves. So, it does… in an organization like the City Department of Aging… Chicago Department of Aging did, in fact, invest in greater resources and has now come to us, to the state, to make sure that this is part of a multidisciplinary kind of team effort.”
“Would this also generate more work for, say, guardian ad litems or somebody that might be appointed to oversee or help the person, particularly if they’re not able to take care of themselves or their own financial capabilities and had no one else to do that?”
“Well, I think you’re raising an important point that I think is somewhat of a sensitive point. The intent of this Bill is not to go into homes and snatch people out of their homes or to impose on them, the guardians, to be able to spend their dollars and to take care of themselves. But I think it really is going to be a function of these protocols that will be developed in different areas that will determine when it’s appropriate, in fact, to bring guardians in. We’d like to think that in most cases or almost all cases if somebody knocks on the door and is invited in, then we can arrange for the community care program, for Meals on Wheels, for some of the in-home services that, in fact, would allow the person to remain independent.”
“I noticed on our analysis, and maybe it’s wrong, but it says opponents are the Illinois Council of Case 09400096.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Coordination Units. Is that because they feel there won’t be enough money there for them to actually do the work?”
“Yes. That was their only opposition in committee.”
“Okay. Also, there are some programs that we do in our district offices that need a computer, called benefits check, where you could go in with a computer to someone’s home and assist them in finding out what they would be eligible for. So I would think that that might be a good idea to take a look at this when somebody is doing some kind of case coordination like that and see if we couldn’t assist them to do that. Thank you.”
“Thank you.”
“Representative Hamos to close.”
“Ladies and Gentlemen, thank you for the very good conversation about this important issue. As I indicated, 41 states have already taken some steps to do something about self-neglect. And today, with your help, we can be the 42nd state. Thank you.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Currie is recognized for a Motion.”
"Thank you, Speaker and Members of the House. I move to suspend the posting requirements so that these Bills could be heard in committee this week, Substantive Committee. 09400096.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 They are House Bills: 4236, 4649, 4703, 4745, 4763, 4828, 5257, 5334, 5342, 5367, 5368, 5377, and House Joint Resolution 85. I believe the Motion’s been cleared with our counterparts on the other side of the aisle.”
“You’ve… you’ve heard the Lady’s Motion. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. On page 12 of the Calendar, Representative Graham, you have House Bill 4693. Out of the record. Representative Hultgren on House Bill 4717. Mr. Clerk, read the Bill.”
"House Bill 4717, a Bill for an Act concerning driving offenses. Third Reading of this House Bill.”
“Representative Hultgren.”
“Thank you, Mr. Speaker. This is an agreement that’s been worked out between the state’s attorneys and the municipalities. It’s really cleanup of some language that we dealt with last year as far as determining responsibility for prosecuting DUI offenses. What this does is it gets to the real intent of our previous legislation that was passed to allow if the state’s attorneys refused to charge with a felony, it allows the municipalities to go ahead and… and charge with a misdemeanor offense and a DUI. So, I would ask for your support. Would be open to any questions.”
“This is on the Order of Short Debate. Does anyone speak in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Younge and Tryon, do you wish to be recorded? Mr. Clerk, take the 09400096.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jenisch, for what reason do you rise?”
"Point of personal privilege.”
“State your point.”
"I’d like to… up in the gallery to my left is two of my mayors: Village of Bloomingdale, Mayor Bob Iden, and Mayor of Roselle, Gayle Smolinski. We welcome them to the House today.”
“Representative Bradley. John Bradley, you have House Bill 4737. Mr. Clerk, read the Bill.”
"House Bill 4737, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill.”
“Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d ask for passage of 4737. This is a Bill that… the state has a large number of funds that we invest on a regular basis. And what this Bill simply does is say that when like investments of like returns are possible, or potentially better returns, that we would put that money in the State of Illinois. So, it’s taxpayer dollars coming to the State of Illinois, which not only has a potentially greater return for the different funds they’re investing, but also potentially creates more revenue by virtue of investing taxpayer dollars within the State of Illinois. It’s 5 percent. It’s been used in other states, it’s been very successful. I’d ask for an ‘aye’ vote.” 09400096.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“We’re gonna put this on the Order of Standard Debate. Representative Eddy.”
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
"Representative, the legislation, as I read it, does not include the City of Chicago Teachers Pension Fund in that they do not have to report when they do not make the 5 percent threshold. Is that accurate that this does not…?” Bradley, J.: “This is, as I understand it, for funds that receive monies from the state… from the taxpayers of the state.”
"I… I understand.” Bradley, J.: “And that’s where the reporting requirements come from.”
"And I agree with you at that. But my point is, the state contributed $74 million to the Chicago Teachers Pension Fund in FY06. They got 75 million to be put in the pension fund in FY07. Shouldn’t the Chicago Pension Fund also be encouraged to invest in, say, for example, the coal industry?” Bradley, J.: “Well, there are a couple other things that… that do not fall, as I understand it. But these are funds that are funded by the… by the taxpayers of the State of Illinois. So, I understand your point, Roger. There’s a method to the madness.”
"Well, my question would be is if at some point in this process you’re willing to include… to treat that pension system the same as other pension systems, given the fact 09400096.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 that they have been receiving a substantial contribution the last couple of years of public funds, 74 million, then $75 million. Would you be willing to make sure that that’s included as this Bill moves along the process?” Bradley, J.: “Well, we can talk about it, but I think there’s a reason that it’s treated that way. And I don’t see the technical staff. They’re not one of the five state-funded systems. So I guess if we did that then anything that we ever give…”
"Representative, I understand what you’re saying, they’re not one of the five state-funded systems, but let’s be… let’s be clear on the issue. The Chicago Teachers Pension Fund received $74 million of state money in FY06 and there’s a scheduled $75 million payment to the… the pension fund in FY07. So, I’m trying to find out what your distinction is between the fact that we call money that’s put into the five pension funds ‘state money’, but we don’t call Chicago pension money that comes from the state ‘state money’.” Bradley, J.: “Was that a question? I’m sorry.”
"Yeah. The question is how is the funding of the five downstate pensions that receive ‘state money’ different than the fact that the Chicago Teachers Pension Fund received ‘state money’ in the amount of $74 million in FY06 and another scheduled payment? How are they somehow different? Why is one ‘state money’ and not the other ‘state money’?” Bradley, J.: “Well, the… the pension… the five pension systems are funded completely with taxpayer dollars from the State General Revenue, right?”
"Pardon me?” 09400096.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Bradley, J.: “The other funds are funded completely with state revenue from the state funds, right?”
"But the money…” Bradley, J.: “Isn’t that… isn’t that right?”
"…is not the state’s money. The money is held in trust.” Bradley, J.: “I mean, this is an opp… what this is is an opportunity to keep track of where the state’s invested money and also to see that that money is going to areas like you and I represent, Representative Eddy.”
"I don’t have… but the point is, there are at least… and in a growing amount… By the way, the 75 million… or 74 million, scheduled to be 75 million…” Bradley, J.: “I mean, this is a… this is a…”
"…that’s scheduled to be a hundred million, that’s scheduled to be… We’re talking about state money, Representative.” Bradley, J.: “Let me… let me… let me add, this is a starting point. Now, if at some point we need to come back… when you and I need to sponsor legislation to come back and put in these other funds, including the downstate funds that… that aren’t funded by General Revenue, then let’s do that. But this is a starting point in terms of making the state accountable and seeing where the money’s going.”
"So, what is the problem that you’re seeking to solve specifically with this legislation?” Bradley, J.: “Well, I think it’s the same problem that you and I have talked about numerous times, which is making sure that we invest as much as we can within the State of Illinois. And obviously, by keeping track of where that’s going, we 09400096.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 have an opportunity to possibly open up funds for our impoverished areas. And I know your area’s impoverished, as is mine.”
"Have you contacted the systems to see if they would voluntarily provide the information to you?” Bradley, J.: “Well, it was my understanding is… is that many of the systems already do this and that they already meet this requirement, and this is a way to find out where that money’s going.”
"I… I guess I’m trying to figure out why we need a law when I think the systems might be happy to provide the information. To the Bill, Mr. Speaker. Representative, I respect what you’re trying to do here and… and I really… probably if there was an inclusion of other state money and all state money in this I would be more interested in supporting it. However, until that happens… and I know you’re a person of your word and you’ll work in the future on this. However, the fact that we are differentiating state money that goes to the Chicago pension system from state money that’s used in the other five pension systems at this time causes me not to be able to support this Bill. If there was legislation that was fair to all and included… because the City of Chicago is receiving the same…”
“Repre… Representative Eddy, your 5 minutes have expired. Could you bring your remarks to a close?”
"Thank you. The City of Chicago is… has already received 74 million in FY06, scheduled to receive 75 million in FY07. State money is state money. If we’re gonna do something, let’s do it across the board. Thank you.” 09400096.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“Indicates he’ll yield.”
“Thank you. Representative, I see the word here is ‘encourage’ the pension systems.” Bradley, J.: “Yeah.”
“What does ‘encourage’ mean to you?” Bradley, J.: “Well, what it means is that they should do it, but we’re not gonna force any funds to be invested in something that is riskier than a other investment. So, in other words, if there’s two investments, one out of the state, one in the state, that are of the same risk and in the same category of investment prudence, then we should be putting it into the state. However, if there aren’t economic opportunity investments within the state, we’re not gonna force anybody to make an investment in something which is not fiscally sound or prudent.”
“Well, I appreciate that. But again, it encourages… what happens if the pension systems say they don’t wanna do this?” Bradley, J.: “Well, the pension systems are… under this Bill, are gonna have make a reporting…”
“Yeah.” Bradley, J.: “…in terms of what they’re doing. And so, when that report comes in then we’ll be able to determine the level of compliance and also where that money is being invested.”
“Yeah, but again, if they choose not to do it are there penalties in here?” 09400096.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Bradley, J.: “Are there… I don’t believe there are penalties. I mean, that’s…”
“So… so you want them to invest 5 percent. Do you know that we have minority set-asides in the pension system telling them that they have to set aside…” Bradley, J.: “I’ve heard that, yeah.”
“…a certain amount of money to… would be invested through minority investors?” Bradley, J.: “Sure.”
“Yeah, we do.” Bradley, J.: “I don’t know if that’s true or not. I’ll take your word for it.”
“So, now we’re gonna… we’re tellin’ the… these systems what they can invest in, even if they might find a better investment for the bulk of the money in that system.” Bradley, J.: “No.”
“No?” Bradley, J.: “Not at… no, not at all.”
“You don’t think so?” Bradley, J.: “No.”
“Well, they and many of these systems have…” Bradley, J.: “Although, I can’t see what would be a better investment than the State of Illinois.”
“A better… better return on their investment. So you’re gonna limit on what they can invest it in?” Bradley, J.: “No…”
“Now we’re telling ‘em how they’re gonna be doing it.” Bradley, J.: “Remember, Representative Parke, this is 5 percent. Okay?” 09400096.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“It’s 5 percent on that. Ya got the minority set- asides. Next time…” Bradley, J.: “I think we oughta…”
“…we’ll… somebody else’ll have a good idea.” Bradley, J.: “I think we oughta be investin’ in Illinois. And if they don’t want to do it then that’s up to them, but we’re gonna find out if they’re doing it or not and where they’re doing it.”
“Well, I will also know that if you really want to help Illinois business why don’t you put in here a ban on computer software tax so that they can’t do that? Let’s put a… let’s make some real teeth in here. Let’s really protect Illinois business. I mean, this is a… just a… a fluff. Let’s pass some meaningful reform that really helps the Illinois business. And I would imagine we’re all gonna vote for this because it’s… or a majority of us ‘cause it sounds good. But if you really wanna help Illinois business let’s start putting some real teeth in to make sure that bad ideas like a computer software tax on our Illinois businesses to discourage them from staying in the State of Illinois, to expand in the State of Illinois, to hire more people in the State of Illinois. This is… this is, again, just a fluff. Let me ask you one last question, Representative.” Bradley, J.: “Can I respond to that first?”
“If this Bill comes out of… out of here into the Senate, is it your intent to allow Amendments to be put on in the Senate with other things?” Bradley, J.: “Well, I haven’t talked to the Senate about that, but obviously if the Senate is looking at stuff that would 09400096.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 be their decision to do. I haven’t really gotten to that point.”
“So this could… there could be other Amendments that you would allow to be put on this Bill?” Bradley, J.: “Well, I’ll have to consider ‘em when it comes out of the Senate. I can’t make a commitment on that at this time if they put… it depends on what it is. But as it stands, I think it’s a good piece of legislation.”
“So, there could be anything… this could be a Christmas tree…” Bradley, J.: “I hope… no.”
“…if it comes out of the Senate.” Bradley, J.: “No. No. I hope not. Actually, no, I don’t intend for there to be any Amendments in the Senate.”
“Say that again, I didn’t hear.” Bradley, J.: “I don’t intend for there to be any Amendments in the Senate.”
“So, you… there…” Bradley, J.: “I’m not allowing Amendments to this and I’m not going to allow any Amendments to come over from the Senate.”
“So you’ll not allow Amendments to go on the Bill if it comes…” Bradley, J.: “Yeah. I’m not gonna allow any Amendments to this Bill.”
“Thank you for that answer. I will certainly look forward to making sure that the Bill passes the Senate and goes directly to the Governor. Good luck, Representative.” Bradley, J.: “Thank you, Representative.” 09400096.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Representative Eddy and Representative Parke have spoken in response. Representative Mitchell. Representative Mitchell, you’re recognized for 5 minutes. Are you in favor or in response? Rep… okay, Representative Leitch.”
“Thank you, Mr. Speaker. Will the Gentleman yield?”
“Indicates he’ll yield.”
“How much is 5 percent?” Bradley, J.: “I don’t… I don’t know. In terms of monetary?”
“Yeah.” Bradley, J.: “I don’t know.”
“You… you have indicated that this says ‘encourage’.” Bradley, J.: “’Strongly encourage’ I think is the actual language.”
“The Bill itself says, ‘must make all reasonable efforts.’ I guess my other concern is are you intending this to apply to what asset categories? Are you in…” Bradley, J.: “I… I guess I don’t understand the question.”
“Well, and that’s my concern. Are you intending this to apply to only equity portions of the pension that asset allocation, or are you including fixed security portions?” Bradley, J.: “No. I’m leavin’… I’m leavin’… I’m leavin’ the discretion on that to the pension systems.”
“Well, it doesn’t say that it’s being limited to that way. Because if this is 5 percent of the equity portion of the portfolio, it’s far more than 5 percent. If it’s 5 percent including the fixed assets… or the fixed security portion of it, that too… I’m not sure what that would mean.” 09400096.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Bradley, J.: “Yeah. Five… five percent of the total portfolio, Representative.”
“Right, of the total portfolio. So how do you… how would you make this allocation as it related to the fixed portion of the Bill… of the pension allocation, the fixed securities? How would you do that?” Bradley, J.: “Yeah, you’re talking about allocating fixed income to Illinois…”
“Yeah, the bonds for… the bond part of the portfolio. The fixed…” Bradley, J.: “What’s the total value of the portfolio of the funds, right?”
“Yeah. See, I don’t think you understand what this Bill really is doing. I mean, because otherwise you’d be able to describe these respective allocations. There’s a very major difference between the equity portion of a portfolio and the fixed interest portion…” Bradley, J.: “No. I… I…”
“…of a portfolio. And if you’re saying it’s 5 percent of all of it…” Bradley, J.: “I think you’re trying… I mean, in all due respect, I think you’re trying to overcomplicate it. I do understand it, it’s 5 percent of everything.”
“Well, see…” Bradley, J.: “It’s 5 percent of whatever they’re investing.”
“Then my point is, it’s not really 5 percent of everything, because I don’t understand how you could make this requirement without having to be on the fixed equity part of the investment of the portfolio.” 09400096.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Bradley, J.: “So, you’re talking about whether it’s 5 percent of the total amount of the value of the portfolio or 5 percent of the return that we get. Is that what you’re asking?”
“No. No. No. You’re saying invest 5 percent of the assets of the portfolio. Now, all of the portfolio is not in equities. Much of it, in the asset allocation of these respective funds, is in fixed income securities, bonds and agencies, cash, other… other aspects of the portfolio. So that when this Bill requires 5 percent, what you really are doing as a practical matter is requiring far more than 5 percent of the total portfolio because what you are requesting is 5 percent of what must be equity portions of the portfolio.” Bradley, J.: “No. No, it’s 5 percent of the fixed income and the equity. And the pension funds, as one of the other Representatives indicated, have already gotten requirements of investing percentages and different things and there hasn’t been a problem in the past in doing that, I don’t believe. And so, there hasn’t been any concern raised to me with regards to this specific aspect of this Bill from the pension systems in terms of determining what their responsibilities are under it.”
“Well, I would just… To the Bill, Ladies and Gentlemen. I think this Bill needs a lot more work.”
“Representative, your 5 minutes have expired. Would you bring your remarks to a close, please.”
“I will. There… there are a lot of complications to what this… what is being required under the terms of this 09400096.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Bill, and I would respectfully urge a ‘no’ vote until some of these matters can be cleaned up. Thank you.”
“Okay. We’ve now had three speak in opposition: Representative Eddy, Parke, and Leitch. Representative Molaro, do you wish to speak in favor? Okay, 5 minutes.”
“Thank you, Mr. Speaker. Obviously, by… and by the way, I don’t know who it was, Representative Wait or someone, I listened to everything you guys say at the beginning of the… I really do. I do. And I take it to heart. We’ll have that debate I guess as the campaign goes on. And I certainly understand, you know, when it comes into pensions… you know, whenever we hear the word ‘pension’ we’re gonna jump up and talk about it because it seems to be… that’s gonna be part of the campaign as we move forward. Just a housekeeping thing, Representative Parke is over there holding his microphone. Next thing I know, he’s gonna have one that is, ya know, wire free and he’s gonna work the room as he keeps speaking, and I would object to that. But, as we move forward, let me set the record straight on a few things. First of all, we don’t have a minority set-aside. That’s untrue. That’s not the law. All we have in the law is we’re encouraging them to do 2, 3, 5 percent minority. That’s all we can do. Pension trustees have a fiduciary duty. It’s not public money once it gets into the pension fund. Once it’s in the pension fund it’s the retirees’ money and it’s the… the workers’ money. It’s not state money. All we can do is encourage. So, we don’t have a set-aside for minorities. So, no one’s forced to do it. As far as Representative Leitch’s comments, all it comes down 09400096.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 to, if you have a billion dollars in the fund you’re gonna report back and say, ‘We have 50 million in Illinois investments’, whether it’s equities, whether it’s private… private placements, whether it’s real estate, whether whatever it is. All we’re lookin’ for is if you have a billion dollars, spend 50 million in Illinois. We’re encouraging them to do that. That makes a world of sense. All I hope everybody would do is just look at the Bill. It’s pretty straightforward. We’re encouraging them to invest in Illinois. We can’t force ‘em. At the end of the year… each year, come and tell us what you’re doing in Illinois. There’s no penalty. There’s no penalty if you don’t do minorities. All we’re doing’s encouraging. This is a great Bill for Illinois. Now, if we’re gonna get up here and talk about other things and, you know, do the political stuff, let’s save that for every morning when we start the day and I’ll listen to all of it. This is a terrific Bill. It encourages the pension funds to take a look at Illinois investing. This is not something that is gonna hurt the pension funds whatsoever, it’s just encouragement. It’s a good Bill and we should do it. Thank you.”
“Okay, we’ve had two speak in favor and one in response. Representative Miller, do you wish to speak in favor? There’s only one slot left and that’s in favor. Okay. Representative Parke, you’ve spoken previously. For what reason do you rise?”
“Thank you, Mr. Speaker. My name was used in debate. And I will tell you that I have met and talked to the 09400096.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 directors of the pension systems and, in fact, they do have to use minority investors, and that is a fact. And I think you’re misguided. Whoever told you that is not correct. They are as a directive. They were given that they have to make sure that the investments are used with minority investors, and that is what they have to do. In addition, the previous speaker is from the City of Chicago. Now, I wonder if the City of Chicago Teachers Pension System was included if he’d be so strong as that. Why, why is Chicago exempt? Why do we continue to exempt Chicago? If it’s good enough for the rest of the state, it’s good enough for Chicago. Now I’m sick and tired of hearing about how great everything is unless Chicago is included or not included. I thought, the last time I checked, Chicago was in the State of Illinois. I wanna know what the position, Mr. Sponsor, is with the IMRF. Are they included in this?”
“Rep… Representative Parke, you’re not… you’re not…”
“They are not. And that means they’re not included ‘cause they are opposed to it… that they’re… they’re opposed to it. Didn’t they take a vote on this? Well…”
“Representative, I think…”
“Thank you.”
“That was… that was… Okay. Representative Bradley to close.” Bradley, J.: “First of all, the IMRF is not included in this anyway. The Bill is very consistent. We can try to overcomplicate a very serious issue. Are we gonna invest in the State of Illinois? This Bill says, yes, we should 09400096.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 encourage our pension systems, our state funds that are invested otherwise to invest in Illinois. I’d rather see that money comin’ to the State of Illinois than going to Connecticut or Nevada or New York or Texas, and this is an opportunity to do that. It’s very simple. There’s nothing complicated about it. It’s a good piece of legislation. It’s worked in other areas. And all the cities of the State of Illinois, under the IMRF, are excluded from it because they don’t fall into the categories of being funded with state funds. I’d ask for an ‘aye’ vote.”
“So, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed vote ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 64 voting ‘yes’ and 43 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Ryg on House Bill 4746. Mr. Clerk, read the Bill.”
"House Bill 4746, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
“Representative Ryg.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation is needed to correct a conflict between the RTA Act and the Toll Highway Act. The RTA Act provides that Pace should be exempt from tolls but the toll way is required to collect tolls by their bond contracts. Legislative action is needed to address this conflict. Any further exemption… any further expansion of an exemption 09400096.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 from tolls is limited by the statutory language of the RTA Act. Pace is the only public agency that regularly uses the toll way as a public transportation service. There are benefits to this Bill in cost savings to publicly funded mass transit and relief from traffic congestion. So, I ask for your support.”
“This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, is the toll way paid for by bonds sold on the open market?”
“Yes.”
“So what we’re gonna do is we’re gonna tell the bondholders of the bonds of the toll way that there is a source of revenue that we’re gonna give up, approximately a quarter of a million dollars. Is that what we’re saying?”
“The toll way has expressed an interest in cooperating in a regional transportation program. So they’re… while they are prohibited from exempting the tolls, this legislation…”
“Well, it’s my understanding that… that fire and police vehicles are not exempt. Is that correct?”
“I don’t know about that.”
“They are. They are not exempt. And so, here we have police and fire and emergency vehicles have to pay tolls. What about school buses?”
“You know…”
“Why should school buses have to pay?” 09400096.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“No, no. I believe, Representative, that… that emergency vehicles are exempt if they’re doing emergency work.”
“True, if there’s an emergency. But they still… they’re police… they’re public vehicles. Somebody… they part… belong to a municipal government or they belong to somebody in… that’s a State Government. What about school buses? Why don’t you wanna include school buses in this?”
“We’re addressing the conflict between what’s provided in the RTA Act and the Toll Highway Act. That’s what this legislation is intended to do.”
“I know that, but what you’re doing is you’re starting today with the RTA buses. Tomorrow, it could very well be school buses because they’re a taxed body. Our school systems need every dollar that they can get. This could save some of our school districts, especially rural school districts and everything. So what I’m trying to point out, Representative, is this could be precedent setting, and… and I’m concerned about that. I mean, your underlying Bill has merit. I mean, you know, we all think that it’s one governmental entity taxing another, but these are bondholders for… that have bought bonds in good faith and wanna return on that investment. And you’re… you’re exempting a quarter of a million dollars that otherwise would go to helping to pay off the bonds or to help take care of the… the toll way systems. So, it just…”
“But the RTA Act already provided for that exemption. That’s what our legislation is attempting to do.”
“Well, our staff says that we’re unaware of that and if that is in fact… yeah, we’re unaware. And…” 09400096.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Let me… let me give you the reference out of the RTA Act, it’s Section 2.06. ‘That the authority for the benefit of a service board shall have the power to use and, by ordinance, to authorize any service board to use without any franchise charge, permit, or license, any pubic road, street way, highway, bridge toll highway, or toll bridge within the metropolitan region for the provision of public transportation.’”
“Well, let me ask you, that was passed by what? The RTA board?”
“No, that was passed by the General Assembly.”
“General Assembly.”
“This was the RTA Act.”
“So this is codifying that? Is that your…”
“This is giving…”
“Is that what you think you’re doing, is you’re codifying that Act with this Bill?”
“This is the current Act, the RTA Act, which the toll way has a different version. So we’re attempting to clarify that public transportation should be exempt from paying the tolls.”
“Okay. Thank you, Representative.”
“We’re gonna put this on Standard Debate. And next to speak is Representative Tryon.”
"Thank you, Mr. Speaker. I rise in support of the Sponsor’s Bill. Will she yield?”
“She indicates she’ll yield.”
"Okay, I’d like to speak directly to the Bill. I believe this is a good Bill. I believe that Pace is a 09400096.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 transportation partner, equal to the… the Toll Way Authority. I believe that it’s a reasonably request for them to ask for an exemption from the fee of paying a toll. It’s almost a tax on a tax. I believe not only should the toll way be providing an exemption for a fee on the toll, they should probably also be providing for bus lanes and ways that we can improve the transportation on a… on the toll way to promote public transportation. I don’t believe the school districts should be exempt or any other units of government, but I do believe that the partner in public transportation, such as Pace is, should be exempt from paying the toll. We discussed this in committee and I urge a ‘yes’ vote.”
Speaker Hannig: “Is there any further discussion? Then Representative Ryg to close.”
“Thank you. I ask for your support.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4755.”
"House Bill 4755, a Bill for an Act concerning finance. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Knox, Representative Moffitt.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4755 amends the Prompt Payment Act. I 09400096.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 think one thing all of us in here would agree on is that we would like to see the state pay its bills on time. Certainly, vendors should be paid for the goods and services that they provide to the State of Illinois. And if there’s ever a problem with cash flow then banks are the ones that we should borrow from, and that’s what this legislation is about. And says that bills cannot be held up, that they are to be processed and forward through the system. When we’re one day late on payment of a bill, we are borrowing. We’re borrowing from vendors. So this is simply saying who we’re borrowing from and we should borrow commercially if we need to do it. So it just says there cannot be a delay in the processing of bills, and I would be happy to entertain any questions. There are a large number of proponents on this Bill and be happy to have your questions.”
“This is on Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Phelps and Reitz. Do you wish to be recorded, Gentlemen? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Krause, you have House Bill 4756. Mr. Clerk, read the Bill.”
"House Bill 4756, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“The Lady from Cook, Representative Krause.” 09400096.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I present House Bill 4756. This Bill provides that the Department of Commerce and Economic Opportunity may work with international business centers, and these centers are defined in the legislation, to establish at least annually trade shows within the regions of an international business center. The trade shows will work and to assist small- and medium-sized businesses that, therefore, would go out and work within the global marketplace, help them attract foreign investment back in this area, have trade seminars, work to develop new jobs, but really work to help our small- and medium-sized businesses through these trade centers to help develop and expand their business. I ask for your support and would be pleased to answer any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4788.”
"House Bill 4788, a Bill for an Act concerning public aid. Third Reading of this House Bill.”
“Representative Davis.” Davis, W.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4788 is an initiative of the Department 09400096.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 of Health Care and Family Services and this Bill is to authorize the department to make compromises as it relates to child support arrearages and interest owed to the state and only to the state. This does not affect private cases. This is a… this initiative and the passage of this Bill would also allow the Department of Health Care and Family Service with their federal performance measures, which is tied to certain incentives that they receive here in the State of Illinois. Be more than happy to answer any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rita, do you wish us to read 4894? Representative Rita. Out of the record. Representative Saviano on 4904. House Bill 4904. Out of the record. Representative Washington on House Bill 4948. Representative… Representative D'Amico, for what reason do you rise?”
"Point of personal privilege.”
“State your point.”
"I’d like to introduce the alderman from the 39th Ward, my alderman, Alderman Marge Laurino. She’s down here for the day.” 09400096.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
Speaker Hannig: “Welcome to Springfield. Representative Washington. Out of the record? Okay. Out of the record. Representative Yvetter Younge, you have House Bill 4949. Mr. Clerk, read the Bill. Excuse me. Representative Berrios, for what reason do you rise?”
“Point of personal privilege.”
“State your point.”
“I’d like to introduce one of my aldermen who are… who is also here today, Alderman Ray Suarez from the 31st Ward.”
“Welcome to Springfield. Mr. Clerk, read the Bill.”
"House Bill 4949, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“The Lady from St. Clair, Representative Yvetter Younge.”
“Thank you, Mr. Speaker. House Bill 4949 amends the Illinois Income Tax Act to create an income tax checkoff for the O’Fallon Veterans’ Monument Fund. It creates the O’Fallon Veterans’ Monument Fund in the State Treasury and this is an effort to build a monument honoring veterans of O’Fallon.”
“The Lady has moved for the passage of House Bill 4949. This is on Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Nekritz, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 0 09400096.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 4951, Representative Younge? Representative Younge, do you wish us to read the next Bill… your next Bill? Mr. Clerk, read the Bill.”
"House Bill 4951, a Bill for an Act concerning local government. Third Reading of this House Bill.”
“Representative Younge.”
“Thank you, Mr. Speaker. House… this House Bill would establish and create the Mid-America Medical District in the East St. Louis area. It would create a medical district that would help the hospitals in the area through research facilities and the… the building of medical research facilities. During the committee activity, the quick-take and eminent domain powers were taken from the Bill and the powers to quote bonds were taken. And I ask for your help in reference to this matter.”
“This is on the Order of Short Debate. And in response, Rep… the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, how many times have you introduced this Bill? Is this the third time, Representative?”
“Yes, it would be.”
“And it passes out of the House and stalls in the Senate, is that correct?”
“Yes.” 09400096.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“And this Bill is gonna cost… it’s estimated by CMS to cost around $88 thousand.”
“Which is a small amount.”
“It is a small amount, but it’s still $88 thousand. And that’s per year. And the Bill does have… does not have authority to issue bonds and the debt of the commission is not considered debt in the State of Illinois. Is that correct?”
“That’s correct.”
“And the Bill said that the commission can borrow money from any public, private department, corporation, or person. Is that correct?”
“That’s correct.”
“If they’re borrowing the money, who are they borrowing it from? I mean, I don’t understand. If they… if…”
“They could borrow it from…”
“If they don’t…”
“…banks.”
“If they don’t have the authority to issue bonds, how do they do this? How do they bo…”
“The… the intent is to have the commissioners appointed and come up with a comprehensive plan to… to handle the financing of projects.”
“Well, Ladies and Gentlemen, to the Bill. The Lady has introduced it. She comes from an area that has certainly some depressed areas in it and she’s tried to pass this previous times. And… but there’s… there’s some concern with the Bill in my opinion. They can borrow money but there is no… they can’t issue bonds. And the debt of the commission 09400096.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 is not debt of Illinois. I don’t know why anybody would loan money to this group if it’s not backed up by the State of Illinois. In addition, it’s costing CMS $88 thousand a year. The Lady’s trying to develop some economic development in her area, but this leaves me with lots of questions. You have to make your own mind up when you decide on how you’re gonna vote on it. Thank you.”
“Representative Meyer.”
“Thank you, Mr. Speaker. Would the Lady yield?”
“She indicates she’ll yield.”
“Representative, I… I would like to zero in on the bonding authority here the previous speaker was addressing. Under this, this entity is gonna be able to… to issue bonds, correct?”
“No, it would not be able to issue bonds. You… you will remember our conversations and you asked that the bonding authority be taken out.”
“Okay.”
“And in… in consultation with the Illinois Medical District, which said that several years would elapse before it would need bonding, I agreed to take it out.”
“All right. So, I… I thank you for that then, I didn’t realize it’d been taken out of this version. Go… going to the loans, I’m mainly concerned that the state at some point doesn’t end up on the hook for the loans. Is that specifically language in the Bill?”
“The specific lang…”
“Is this law that if you borrow that we would not be on the hook for the loan?” 09400096.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Yes, it is specifically stated in the Bill that the debts of the commission will not be the debts of the State of Illinois. That is specifically in the Bill.”
“Where do you anticipate the grants coming from?”
“They could come from the United States Department of Education. They could…”
“Mr. Speaker, I just cannot hear what she’s saying. ”Well, where do you anticipate the… the grants coming from, Representative?”
“Could come from the Federal Government, the United States Department of Education, could come from the state, the Department of Public Health. It could come from… there are… are quite…”
“Those loans coming from the state, how does that work? Is there a loan source right now that you would anticipate that they would tap into?”
“I didn’t hear what you said.”
“Representative, and… and again, Mr. Speaker, could you ask the Body to be quiet so we could have an intelligent interchange here.”
Speaker Hannig: “Absolutely. Would give the Lady and the Gentleman who are debating your attention, please.”
“Speaking of… of the… of the loans, you indicated that they could… or the grants, they could be coming from the state. Are there specific grants that you’re aware of right now that could be tapped in for this? And… and where are those grants located, in what agency?”
“The public health officials have grants. I’m not aware of these specific grants. I know that the United States 09400096.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Government studies diseases and cures and this is an agency…”
“I was specifically asking about a state agencies that might be loaning money. Are you aware of any… Excuse me, granting money. Are you aware of any agencies that have grants available for this use now?”
“I’m… I’m not aware specifically of a state agency that has grants. I… I do know that it is important…”
“Okay. Representative, does this… will this entity have eminent domain?”
“No, no, that… that was taken out based on our conversation.”
“Well, what’s the answer to the question, please? Mr. Speaker, again, ya can’t hear what the Lady is saying.”
“Would the Gentlemen and Ladies of the chamber please give your attention to Representative Meyer and Representative Younge.”
“Will this entity have eminent domain rights?”
“The answer is ‘no’. You remember we discussed that and you asked that it be taken out and it has been taken out, quick-take has been taken out.”
“Is it…”
“Representative, your 5 minutes have re… have expired. Would you bring your remarks to a close.”
“Yeah. Is… is this a unit of government, I guess is our concern?”
“It is a unit a local government.”
“And as such, they would have the right of eminent domain, would they not?” 09400096.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Not specifically.”
“Could… could you take the Bill out of the record until we find out what we’re voting on here, because if it’s an unit of local government, they have the right of… of eminent domain. And that… that is a problem, I think, that this Body needs to understand.”
“The right of eminent domain has been specifically taken out of the Bill. The quick-take provisions have been taken out. And I’d like to go forward. I… I would…”
“Well, that’s the problem we have is we don’t see where it’s been specifically taken out as you indicate. But I mean, it’s your Bill so you can run it if you’d like.”
“Yes. Thank you.”
Speaker Hannig: “Representative Fritchey. Representative Fritchey, 5 minutes.”
“Thank you, Speaker. To the Bill. Ladies and Gentlemen, there are few Members in this Body that try to represent their dil… district as diligently as Representative Younge does, nor have they done it for as nearly as long as Representative Younge does. This woman comes back year after year, pressing away for the issues that are of concern to her district, whether it’s a medical district, whether it’s economic development, whether it’s job empowerment. This program that she’s talking about has a price tag of $89 thousand. The last Bill that we passed by the Republican Sponsor had a price tag on it of $1.8 billion, that would fund Representative Younge’s program for over 20 thousand years, Ladies and Gentlemen. This Representative works her district, she knows what she’s 09400096.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 doing, she deserves our support, she does not deserve to be bullied into taking this Bill out of the record. Please vote ‘aye’. Thank you.”
“Representative Granberg, 5 minutes.”
“Thank you, Ladies and Gentlemen of the House. For any of us who are familiar with Representative Younge’s district, we know a large part of her district is East St. Louis, a largely impoverished area. She has one hospital, high Medicaid usage. Representative Younge is doing the best she can to help her area, not only in terms of economic development but the quality of life, with the hospital. We should stand and support her. For $89 thousand, the district she represents, she should be entitled to follow through on the legislation such as this, much as we would help anyone else in a similar issue… with a similar issue. So, I rise in strong support of the Lady’s Bill and I think all of us owe it her as you would any other Member to give her any assistance we can to help her district.”
“So, under the rules of debate, Representatives Younge, Fritchey, and Granberg have all spoken in favor. Representative Parke and Meyer have spoken in response. Does anyone else wish to speak in response before we close? Representative Washington in response… in opposition? Okay. Then Representative Younge to close.”
“I would appreciate your support of this matter. It’s very important that there be research in the medical areas in and around the hospitals in the East St. Louis. And I would appreciate your support.” 09400096.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Is that it? Represent… Representative Kosel, do you wish to be recorded? Okay. Kosel. Representative Renee Kosel, do you wish to be recorded? Okay. Mr. Clerk, take the record. On this question, there are 105 voting 'yes', 7 voting 'no', and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rose, shall we call your next Bill, House Bill 4959. Mr. Clerk, read the Bill.”
"House Bill 4959, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“The Gentleman from Champaign, Representative Rose.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill would create the Failure to Appear Fund and assess a $100 fine to anyone who fails to appear and subsequently the failure to appear warrant is served upon them. This is a huge waste of our law enforcement’s time and effort to go after people who are… continue to blow off their court appearances. And this would help reimburse them for that time and effort. It’s a very serious problem. This was brought to me by my constituent, State Police Trooper Richard Burton who in his own… performance of his own duties has been serving a warrant… with a warrant he was taking somebody back to county jail, had to forego a very serious traffic accidents and other… other law enforcement related matters because he was tracking down somebody who didn’t 09400096.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 have the common courtesy to show up at court on time. Thank you, Mr. Speaker. I’d ask for its favorable adoption.”
“This is on the Order of Short Debate. And in response, the Lady from Cook, Representative Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. Representative, are you suggesting that if a person has an appearance based on a traffic violation and for some reason he or she misses that court, that they’re gonna have a fine of a hundred dollars or more?”
“No, Representative, this would only be if a warrant is issued and a warrant could not issue for a failure to appear on a petty offense traffic citation.” Davis, M.: “Well, isn’t a warrant issued if a person fails to appear in court on a court date?”
“Not on a petty offense traffic citation, ex parte conviction’s entered, Representative, and the conviction’s taken in the person’s absence and a warrant is not issued on petty offen…” Davis, M.: “I can’t hear you, I’m sorry.”
“Representative, the answer to your question is ‘no’. On a petty offense traffic citation, a warrant is not issued on a petty offense. An ex parte conviction is entered and the conviction’s taken in the absence of the individual.” Davis, M.: “So, when is the warrant issued?”
“A warrant would be issued on a failure to appear for a misdemeanor or a felony offense if the person…” Davis, M.: “So, if a person has a misdemeanor offense which means he’d probably would get probation or maybe the judge 09400096.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 would just throw it out, you’re saying if he fails to get to court that he would be fined a hundred dollars?”
“Yes, if… if a valid failure to appear warrant was issued and it is served and the law enforcement has to take their time and trouble to track down this person who didn’t show up, then would have to help reimburse the law enforcement agency and the court.” Davis, M.: “Well, to the Bill, Mr. Speaker.”
“To the Bill.” Davis, M.: “You know, Representative Rose, I know you go to movies. There was a recent movie, it was really an excellent movie, but it showed a gentleman who was to impear… appear in court and on the way he was hit by a vehicle. He was hit by a vehicle which prevented him from getting to court on time. And based upon all the things that happened behind that, he… he lost the custody of his children, he lost his wife, he lost his job, and now you want to add a hundred dollar fine to that. I just… I just really don’t believe in a time when people are talking about saving business’s dollars, don’t do this to business, that we’re just sticking it to the average American citizen in the State of Illinois. And I… I cannot go for it. I don’t think it’s serious enough. If a person is supposed to be in court on a misdemeanor and if something happens and he or she does not show up, let the court send ‘em a notice for another date. Let’s not take another hundred dollars from them so they can’t pay their high gas bill, so they can’t pay their rent, so they can’t pay their mortgage. It’s just not fair, I don’t know how you come up with these ideas. 09400096.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 These are people going to work every day who might happen to make some infraction of the law, but now we’re gonna say, ‘Oh, you’re… now you’re gonna have to… the court may throw the case out, but I’m fine you a hundred dollars for not showing up when I said so.’ This is very bad legislation. It’s at a time in our history when American families, especially in Illinois, they are trying to pay their bills and be good citizens. And here we have somebody who wants to get in their pocketbooks just because they were late for a court date or perhaps couldn’t make it. A man should not lose his children, his family, his car, and then be fined a hundred dollars because a Representative doesn’t think as much of families as he does of business people. The answer to this should be ‘no’.”
“We’re gonna put this on Standard Debate. The next to speak is Representative Hamos.”
“Thank you. Will the Sponsor yield?”
“He indicates he’ll yield.”
“In following up on what we just heard, let me… if I understand in having read this… the language of your Bill is that the accused does not appear after previously not appearing and then being ordered to appear. So, there was a previous court appearance. This is the second time that the court would want that person before them. Is that right?”
“Representative, no… no. This would be… that was put in there to clear up a situation where somebody may have bonded out. It would have to be a situation where they were personally ordered by the court to appear. Not a situation where they posted bond and they didn’t show up the next 09400096.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 morning. It would have to be a warrant that was issued after they were personally ordered by the court to appear. So the language you’re referring to is after having previously been ordered by the court, they then fail to appear. That could’ve been in an initial appearance, first appearance, or it could be in a later proceeding, whichever it is. But it would’ve been a situation where they had previously been ordered by the court to appear. And again, to the… to the past speaker’s comments, that’s why this doesn’t apply to a petty offense at all.”
“Well, what… okay, that was my second question, Representative. What does this actually apply to? So, what is the ‘Wildlife Code’ reference here? What kind of cases would require a personal appearance?”
“Well, Representative, any case in which the plaintiff had been… had been asked to apla… been required to appear by the court. So for example, most ordinance violations, there are no required appearances. What we did is we went through all the various codes, Vehicle Code, Wildlife Code, and if there’s a circumstance where a judge orders someone to appear and then that individual blows off the court, notice I said blows off the court, if they were prevented… to the last speaker’s question, if they were prevented by an accident, injury, or otherwise, then a law… a valid quash order could be asked for and granted by the court to quash that warrant and then there would be no fee.”
“Well, but… okay, but I’m still trying to find out what the references are to the ‘Wildlife Code’, to the ‘Fish and Aquatic Life Code’, and the Child Passenger Protection Act. 09400096.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 I think I understand the last one but what are the references? I guess before we vote on something…”
“Sure.”
“…I’d take the Lady’s concerns at heart.”
“Well…”
“And why do we… what are these such serious issues responding to wildlife and fish and aquatic life?”
“Representative, the serious issue is that when the legal system has to respond to somebody who blew off the court system, one, that’s a big cost to the courts in time and effort and manpower. But more importantly, our law enforcement officers should be on the street doing what their supposed to be doing which is policing and preventing. My constituent did not… was not able to respond to legitimate needs of our citizens whether they be direct crimes or actual traffic stops, crashes, accidents, et cetera, because he was too busy driving some goofball back to the county jail because he blew off his court appearance. That’s… that’s what this is designed to address, Representative. Now, as to specific instances, it would be, for example, if you get into our rule to show cause motion where you’ve been directly ordered by the court, notice, that’s direct order of rule to show cause is typically started with a mailed notice… mailed notice is not… is not good enough under my Bill. It has to be directly ordered by the court.”
“Okay. Well, you know, I think my concern, Ladies and Gentlemen, is that I do take it to heart when some people are going to be all of a sudden charged an extra hundred 09400096.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 dollars. What the Sponsor is expressing his concern about happens every single day of the week that our court system is replete with continuances when the very busy lawyers, prosecutors, and police officers do come to court and guess what, they’re not out there chasing criminals, they do come to court and for whatever reason, ya know, there is a continuance. This is what they get paid for, this is what happens every single day of the week in every single courtroom. This could make sense in a few limited circumstances if it was really important to have the appearance of the defendant, but I have not heard any answers to my questions in issues that relate to wildlife, why we should be assessing an extra hundred dollars. Again, if I knew the Wildlife Code by heart maybe I would understand it. But I don’t understand why you needed to take a concept and make it as broad as it was and why we are jumping over to this… I mean, it’s a good idea to have people appear in court when they’ve been ordered to appear. And in fact, when we have a bench warrant that’s imposed, that’s a pretty tough penalty. The police are going out and they do have the potential to arrest somebody on a bench warrant. But this is… you’ve written this in kind…”
“Representative, you’re time has expired. Would you bring your remarks to a close.”
“I… I think I’ve… I think I’ve expressed my concern. Thank you.”
“Okay. Representative Washington.”
“To the Bill, Mr. Speaker.”
“To the Bill.” 09400096.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Mr. Speaker, looking at this Bill and knowing the number of poor people that come into contact with this court or the court system, is no way I could support this Bill. When I look at the fact that minimum wages with most people, people being caught up in different fine situations, trying to be good citizens, doing the right thing. And a lot of times, you got so many households being managed by single mothers, single grandmothers and the fact that they let a court date slip and to raise a fine that would create a slush fund to go to the State Treasurer for a Failure to Appear Fund almost seems comical to the constituents that I represent. And I’m sure the intent of the Sponsor of this Bill was good intention, but when I look at who the proponents are and I look how the constituents I represent, how those proponents… how they even handle right here in Springfield, I was a victim of state’s attorneys abuse. And so, I’m saying that this is not a good Bill because, once again, it robs Peter to pay Paul when Peter doesn’t have a dime in the first place. I urge nonsupport of this Bill.”
Speaker Hannig: “So, speaking in opposition have been Representative Monique Davis, Representative Hamos, and Representative Washington. Representative Molaro, do you wish to speak in support? The only slots left are in support.”
“Yeah.”
“Okay. Representative Molaro.”
“I… I… it looks…”
“Five minutes, Representative.” 09400096.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you. I’ll only be a minute or two. It looks something like the analysis, I voted for this in committee. But I gotta ask you, Representative Rose, as you read the Bill, I just talked to Representative Davis who is busy talking right now. But the problem is it sure looks like you’re making it mandatory. And as the questions arose here, it looks as though, and maybe you can answer this which would help… help me still say ‘yes’ on the Bill. What Representative Davis seems to be saying is there was a reason, someone’s in the hospital, they get in a car accident. Now, they get out that day and there’s someone waiting for ‘em, they arrest ‘em, now they’re gonna post bail. The judge hears it and says, ‘Oh, no, no. That bail to stand.’ Okay. According to your Bill, it looks as though since they were picked up from the warrant, the judge has no discretion but to charge the hundred bucks, at least that’s what the language looks like. Would you at least consider giving some discretion to the judge so in a case that Representative Davis talked about that they don’t say, ‘Oh, in addition to all your woes… And it doesn’t look like it was your fault that you weren’t there,’ that the judge could somehow waive this hundred bucks. Could you just look to that, please?”
“Representative, I absolutely would and I think the answer to your… to your question, Representative Molaro, is that is there is a legitimate reason the person couldn’t appear in court, accident, injury, illness, whatever, what that person needs to do is contact the court, have the motion quashed, 09400096.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 since we’re dealing primarily here with misdemeanors and felonies. It would be the job of their defense attorney…”
“Yeah.”
“…to quash… to have the warrant quashed.”
“Well, the only…”
“And if you did that…”
“…the only thing I would…”
“…it wouldn’t apply.”
“The only thing I would ask you, that certainly makes sense. I don’t know how many people could get attorneys that do that. I think if they’re indigent, I don’t know how they go about it except, like in your county, I’m sure I could go there… say it’s me, I could go there and file a motion. Naturally then, I gotta pay some dollars to get this motion and something… Okay. But sometimes I’m given a date to do that, you don’t normally just go right to court.”
“All right. On something as serious as motion to quash, those are… on something as serious as a motion to quash…”
“Right.”
“…those are usually handled the same day because of the personal individual liberties at stake and the judges will hear those the same day.”
“Okay. I got it. But it might be a Saturday or Sunday when they’re released from the hospital, you can’t go to the clerk’s office to file the motion, you could be picked up. All she’s asking for, which makes sense to me and all you can say is you’ll work with Senate Sponsor, that there is some discretion with the judge in the one… Because just like Julie Hamos said…” 09400096.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“I agree…”
“…there’s a place for this Bill.”
“I agree.”
“It makes sense, just in case there’s that opportunity that’s all were talking about.”
“I agree. That’s fine.”
“Okay. We’ve now had two speak in support and… and three in opposition. Representative Stephens, do you wish to speak in support?”
“Well, to the…”
“Representative Stephens.”
“To the Bill, Mr. Speaker. It… it just occurs to me that we’re talking about the very, very rare exceptions and that’s… that’s usually when we make a mistake in… in law. And we’re talking about this Bill, it’s not about somebody who’s been hospitalized or in an accident on the way to the… the court, this is addressing a very serious issue that the taxpayers in Illinois are already paying for. These are the no-good guys who don’t show up. They already missed one court appearance and hell, they just blow it off again. Because why? They… these are not good actors. These are bad guys, that’s what this is about. It’s not about the law-abiding citizen who’s married and has two children and owns a car and is on his way to work one morning and happens to be… or on his way to court one morning because of some minor infraction and has an accident and winds up in the hospital and gets fined a hundred dollars under this Bill. That’s not what this is about. This is about encouraging 09400096.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 people, the bad guys, to show up to court and face the consequences of their actions.”
“We’ve now had Representatives Rose, Molaro, and Stephens speak in favor. Representative Monique Davis, Representative Hamos and Washington in opposition. That’s all that are allowed under the rules of Standard Debate. So, Representative Rose is now recognized to close.”
“Ladies and Gentlemen, thank you. Let me… let me state something directly, on the record, I will work with Senate’s Sponsor to come up with an Amendment that addresses the situation where somebody cannot be there if they’re injured or otherwise incapacitated for which a motion to quash would… would be applicable. We’ll take care of that for Representative Davis and Representative Molaro. I would say, though, to some of the other comments that’ve been made, why is it we have such a problem? Because there is no penalty. Why is it so many people blow off their court dates and cause our law enforcement officers to put the rest of our lives in jeopardy, tracking down these goofballs that can’t show up or have the common courtesy and decency to make their court appearance on time. Puts the rest of our lives in danger because people like Trooper Burton are transporting that failure to appear warrants to the county jail when they should be responding to crimes that are coming across their squad car radios. That’s the problem and the reason is because there’s no penalty right now at all. Period. I don’t know whether this will make a bim… big impact or not, but what I do know is it’ll at least reimburse our courts and our law enforcement officers for 09400096.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 having to go after these people who are blowing off the court system in the first place. And frankly, unlike a couple people who… who made some insinuations that’s it’s only a misdemeanor, these are some pretty darn serious crimes we’re talking about. I would ask for the… the favorable adoption by the chamber. Thank you, Mr. Speaker.”
“And the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative May, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 82 voting 'yes' and 31 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4974.”
"House Bill 4974, a Bill for an Act concerning education. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Fulton, Representative Smith.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. I bring before you today House Bill 4974 which is a class size reduction effort. Many of us in this Body on both sides of the aisle have worked on class size reduction programs in the past. This would establish a pilot program that when funded would provide grants to local school districts for class size reduction in grades kindergarten through third grade, and would establish classes with 1 teacher and 15 students in a single classroom. Research has shown that class size reduction and particularly classes of 15 or fewer 09400096.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 students have a great impact upon the achievement of the students in that class. It… it certainly would provide for more in-depth coverage of subjects, more engaged students, fewer disciplinary problems, and a more personalized relationship between a teacher and the student. Many states have moved towards a 15 or fewer student class size reduction program including the State of Wisconsin and the results on student achievement have been very promising. This would establish a grant program in our state that would fund, if we’re able to get the appropriation, 200 classrooms throughout the state so that we can begin a pilot program here in Illinois, and we can study the effects upon student achievement here in our state. I’d be happy to answer any questions, Mr. Speaker.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4987.”
“House Bill 4987, a Bill for an Act concerning education. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Menard, Representative Brauer.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4987 just simply adds ‘behavior analyst’ 09400096.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 to the definition of a professional worker which allows school districts to receive special education reimbursements for this profession. It is said that there’s about 6 thousand individuals with autism that are recognized and approximately 22 thousand individuals that are not. SIU in Carbondale has a program that trains behavior analysts but the State Board of Education does not recognize this. This does not create a new certificate. This just simply opens the doors for these individuals by providing more incentives to school districts in this state. I’ll be glad to answer all questions.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Younge, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Yarbrough. Okay. The Lady wishes us to read House Bill 5001. Mr. Clerk, read the Bill.”
"House Bill 5001, a Bill for an Act concerning elections. Third Reading of this House Bill.”
“The Lady from Cook, Representative Yarborough.”
“Thank you, Mr. Speaker, Members of the House. House Bill 5001 eliminates education officers electoral boards designated to hear objections to nominations of candidates of office for public questions in school or community 09400096.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 college districts. It requires that the county board serve as the electoral board for a school district or community college district located within… within the county, except that the State Board of Elections will serve as the electoral board if a school board is in more than one county. Currently, the education officers electoral board is formed when a resident files an objection to a candidate’s nominating petitions or public question. The electoral board is comprised of the presiding officer of the school board, the secretary of the school board, and the school board member with the longest term. A conflict of interest exists when a school board member who voted in the decision being challenged is required to serve on the election board. House Bill 5001 eliminates this conflict of interest and insures that citizens’ petitions are heard by unbiased election officers… officials. There’s no known opposition to the Bill, and I’d be happy to answer any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Mitchell, Jerry Mitchell, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Molaro, for what reason do you rise?” 09400096.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you, I have a question of the Chair. Now, on some of these Bills in… in our analysis and maybe someone could come here and tell me why later, we have the committee vote and some analysis, we don’t have any committee action vote whatsoever. Is… is there any reason for that, ‘cause sometimes I’ll look to the bottom and see what the committee did. And on this last Bill, it just said, referred to Education or wherever it’s referred to with no vote and other Bills, it’ll actually say, passed 5 and, ya know, 16 to 0. And I was just wondering if anybody from LIS or somebody could inform…”
“Right…”
“…me why that is.”
“Representative, I think each staff analysis may perform their duties a bit differently, but the LIS system should have the… the actual votes in… if it was in committee in… in many cases.”
“So, do you mean our staff doesn’t put it in to our analysis?”
“We’ll ask… we’ll ask the staff from now on to put it in if that’s your request, Representative.”
“Yeah, that would be my request. Thank you.”
“Okay, Representative Stephens.”
“Would… if Representative Molaro would simply look across the aisle, ask for the Republican analysis. Our staff never fails to put that vote out in our analysis. I mean, I don’t know what’s going on over there, Representative, but you’re free to share our analysis on an occasion like this.” 09400096.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you, Representative Stephens. You can give us the high sign when it’s… when those… Okay, Representative Dunn on House Bill 5233. Okay, Mr. Clerk, read the Bill.”
"House Bill 5233, a Bill for an Act concerning local government. Third Reading of this House Bill.”
“The Gentleman from Will, Representative Dunn.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is a relatively simple Bill, technical in nature. It simply says that medical services are included within the scope of ambulance services.”
“This is on the Order of…”
“I ask for an ‘aye’ vote.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Currie wishes us to read House Bill 5243. Mr. Clerk, read the Bill.”
"House Bill 5243, a Bill for an Act concerning government. Third Reading of this House Bill.”
“The Lady from Cook, Representative Currie.”
“Thank you, Speaker and Members of the House. This measure would add December 10 as Jane Addams Day. It would be an Amendment to the State’s Commemorative Date laws. 09400096.doc 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 This came from the Lieutenant Governor who got it from students in the school in Representative Mike Bost’s district. Jane Addams as you know was a historic figure in the United States. She’s the mother of the settlement unit establishing… the settlement movement having established Hull-House in the City of Chicago wherein some 50 thousand people on an annual basis were able to use the services that institution provided. She won the Nobel Peace Prize in 1931, the first American woman to do so, and that is why we’ve chosen December 10, the day she won that prize at… in order to commemorate her contributions and to reflect on our ob… obligations and allegiances to her. I know of no opposition. I’d be happy to answer your questions.”
“Okay. This is on the Order of Short Debate. And on that question, Representative Stephens. Do you wish recognition, Mr. Stephens?”
“I’d like to ask the Majority Leader a question.”
“Indicated… she indicates she’ll yield.”
“Representative, did… did this Bill go to committee?”
“Yes, it did.”
“Can you help me understand why certain Bills and… and House Joint Resolutions… We have a committee meeting this afternoon on House… HJR 85, which just simply names or declares that 2006 is going to be the ‘Year of Rosemont’. They’re… they’re seemingly congratulatory almost…”
“Under our rules…”
“…Resolutions and Bills that…”
“Under our rules…”
“…Why are they going to committee?” 09400096.doc 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“If… if a Resolution names a particular date, particular week, particular year in honor of something, we traditionally send those Bills to committee… those measures to committee. This is in fact a Bill amending the state statute. It has to go to committee, has to be approved on the floor of the House and similarly in the Senate.”
“How about just a House Resolution?”
“Excuse me?”
“You’re doing fine. How about House Resolutions, are they… do they go to committee?”
“Generally, if a Resolution names a date, names a month, names a week, names a year, it goes to committee.”
“Okay.”
“Resolutions that are only congratulatory, generally, go to the Clerk.”
“Thank you.”
“Representative Bost, would you like to close on this?”
“Thank you, Mr. Speaker. I rise in support of this Bill. This is a piece of legislation that actually someone in my district was already pushing for. A young woman was working through the Anna School District to notice it… that this should make… be made a holiday. And that… that this Resol… originally, we tried to put it through as a Resolution. The Majority Leader took… had taken hold and decided that it should be through… through a House Bill, so that it would be in permanent record. I do rise in support of the Bill.”
“Okay. And so, then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 09400096.doc 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jakobsson and Giles, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Kelly, do you wish us to read 5244? Mr. Clerk, read the Bill.”
"House Bill 5244, a Bill for an Act concerning education. Third Reading of this House Bill.”
“The Lady from Cook, Representative Kelly.”
“Thank you, Mr. Speaker. I wanted to put House Bill 5244 back on Second.”
“Okay. So, we’ll move this back to the Order of Second Reading at the request of the Sponsor. Going down the list, Representative Verschoore, you wish us to call 5251? Mr. Clerk, read the Bill.”
"House Bill 5251, a Bill for an Act concerning individuals killed in the line of duty. Third Reading of this House Bill.”
“Representative Verschoore.”
“Thank you, Mr. Chairman, Ladies and Gentlemen. What this Bill does, there was a young lady from my district Jessica Hosby that entered the National Guard… was in the National Guard and went to Iraq in August, and we passed the Compensation Line of Duty in October. She didn’t have the proper paperwork filled out naming who the… her beneficiaries were. And so, the way the law reads is if there’s no spouse or children, it goes next in line to 09400096.doc 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 fathers and mothers and then sisters and brothers. And what happened here is her biological father was not a part of her life in any way. He was never around after she was born, he never had anything to do with her upbringing. A matter of fact, was incarcerated at the time that the State of Illinois found him, in I think it was Burlington, Iowa jail. Consequently, he was able… or was in line to get half of the award. And what this Bill does, it would defi… it defines the… the… what a parent is and what constitutes a parent, and also if the… if the claim hasn’t been paid, which it hasn’t been, it’s being held up, and I know of two other cases in the same… similar to this. It would go retroactive and this money would go back to the mother. And I’d be happy to answer any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 5260.”
"House Bill 5260, a Bill for an Act concerning finance. Third Reading of this House Bill.”
Speaker Turner: “Representative Turner in the Chair. The Gentleman from Cook, Representative Durkin on House Bill 5260.” 09400096.doc 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you, Mr… Thank you, Mr. Speaker. House Bill 5260 is an Amendment, a modest Amendment, to the Illinois Prompt Pay Act. Currently, that applies very narrowly to construction contracts. Currently, in the law right now when the vendor submits a bill, the agency can either accept the bill, pay it, deny it, or they can provide defective notice. However, in the statute right now there’s no limitation… time limitation on when this agency must provide the defect notice. So, this simply states that the agency must provide the notice of defect within 30 days after the invoice is submitted or 30 days after the work is performed, whichever is later. This is supported by labor, also by the contractors in the business community, and I stand ready to answer any questions.”
“Seeing no questions, the question is, 'Shall the House pass House Bill 5260?' 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? Nekritz. Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have House Bill 5267. Read the Bill, Mr. Clerk.”
"House Bill 5267, a Bill for an Act concerning civil law. Third Reading of this House Bill.”
“The Lady from Cook, Representative Nekritz.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. House Bill 5267 clarifies that under the Condominium Property Act, 09400096.doc 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 the… the documents that are filed to establish the condominium and the bylaws that… that under which the condominium operates cannot require more than 75 percent of the unit owners’ approval in order to change those documents. What’s happening is that many… some… some condominium documents are requiring a hundred percent and… in any condominium as in any body, it’s tough to get a hundred percent of the owners to agree. And this is an attempt to just clarify the underlying statute that’s… that those documents cannot require more than 75 percent.”
“Seeing no questions, the question is, 'Shall the House pass House Bill 5267?' 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 111 voting 'aye', 2 'noes', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what’s the status of House Bill 5295?”
Clerk Mahoney: “House Bill 5295 is on the Order of Third Reading.”
“The Sponsor asks leave to bring the Bill back to Second. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And leave is granted. The Bill will be placed on the Order of Second Reading. On the Order of Third Readings, we have House Bill 5301, Representative Smith. Read the Bill, Mr. Clerk.” 09400096.doc 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"House Bill 5301, a Bill for an Act concerning aging. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Fulton, Representative Smith.”
“Thank you, Mr. Speaker and Ladies and Gentlemen. I have House Bill 5301 which would amend the Community Senior Services and Resources Act which is something we did a couple of years ago to create a… an award program in the Department on Aging for senior citizen centers throughout the state. That program has never been funded, but there is hopes that that may happen as part of some of the negotiations that are going on with long-term care and their reimbursements, there may be a piece of that which is for the senior citizens centers. In anticipation of that, their state association along with the AARP has asked that we amend the grant program to provide that the… those grants could be used for… in addition to bricks and mortar programs to be also used for programming and particularly for innovative programming which would allow them to do such things as after-hours programming and permit a wider array of services for senior… senior citizens. Know of no opposition to the Bill, I’d be happy to answer any questions.”
“Seeing no questions, the question is, 'Shall the House pass House Bill 5301?' 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? Representative Younge. Have all voted who wish? Fritchey. The Clerk shall take the record. On this question, there 09400096.doc 104 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 are 113 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have House Bill 5330, Representative Dunn. Out of the record. On the Order of Third Readings, we have House Bill 5331, Representative Eddy. Read the Bill, Mr. Clerk.”
"House Bill 5331, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill.”
“The Gentleman from Crawford, Representative Eddy.”
“Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 5331 extends the sunset that allows retired TRS members to substitute up to 120 days or 600 hours. The continuing shortage of teachers in several areas makes it necessary that we extend the sunset. Be happy to answer any questions that you may have regarding this Bill.”
“The Gentleman Cook, Representative Molaro, for what reason do you rise?”
“Well, thank you. Will the Representative yield?”
“He indicates he will.”
“Since we were so concerned about Chicago earlier, does this also allow Chicago teachers 120 days for (sic-or) 600 paid hours?”
“No.”
“Well, why not? I mean…”
“If you’d like to… if… if you would like to offer a Bill for that, I would certainly support that. The teacher 09400096.doc 105 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 shortage there is just as important as it is in another part of the state.”
“Well, you just… you as… asked earlier if we can make that Bill for Chicago, why can’t we make TRS for Chicago? Why wouldn’t you put that in?”
“Representative, this is the downstate Teachers Pensions System, I know you know that. I appreciate your point…”
“Yeah, but doesn’t… don’t we…”
“…however, this is a totally different subject…”
“…don’t we give money to Chicago system. I…”
“…totally different issue, but I do appreciate your point.”
“We’re gonna exempt… you know, well, I’m tired of exempting out Chicago. Chicago should… you know… never mind.”
“I agree. I… I’d suggest you bring a Bill similar for the City of Chicago.”
“Seeing no further questions, the question is, 'Shall House Bill 5331 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk… Soto. Representative Younge. The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have House Bill 5340. Read the Bill, Mr. Clerk.”
“House Bill 5340, a Bill for an Act concerning schools. Third Reading of this House Bill.” 09400096.doc 106 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Out of the record. On the Order of Third Readings, we have House Bill 5356, Representative Poe. Read the Bill, Mr. Clerk.”
"House Bill 5356, a Bill for an Act concerning local government. Third Reading of this House Bill.”
“The Gentleman from Sangamon, Representative Poe.”
“Mr. Speaker and Ladies and Gentlemen of the House, this Bill… House Bill 5356 amends the Fire Protection Training Act and provides that any school that offers a certified training fire program within the State of Illinois must be allowed to take the… and… and they have to complete the course, and then they’re allowed to take the state certification test. Ask for an ‘aye’ vote.”
“Seeing no questions, the question is, 'Shall the House pass House Bill 5356?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Winters. The Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Reading, we have House Bill 5375, Representative Chavez. Out of the record. Representative Parke on House Bill 5376. Read the Bill, Mr. Clerk.”
"House Bill 5376, a Bill for an Act concerning business. Third Reading of this House Bill.”
“The Gentleman from Cook, Representative Parke.” 09400096.doc 107 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This affects the Limited Liability Corp… Company Act. It’s an initiative of the Illinois Business Law Association which is affiliated with the Kent Law School. It’s also supported by the Illinois Bar Association. In essence, it provides… and defines fair value in respect to selling of fractional shares. It protects individuals who… and give them true value for minority stock being sold. It’s a way of keeping up value of minority stockholders. I’m prepared to answer any questions.”
Speaker Turner: “The Gentleman from McHenry, Representative Franks, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, is there any definition on what ‘fair value’ would be?”
“It’s… the definition is… is the same… it defines as the list of those who can make a determination for purpose of indemnification of a present or former director, officer, employer, or agent in a particular case. The determination is gonna be made by disinterested stockholders… excuse me, disinterested members of the board. What happens is that major corporations and this only applies primarily to those being forced out of it… being thrown out of a corporation and those that are through administration… an amendment to a charter. In a way it helps define so that the members of that board can make a determination what the fair value is for that corporate stock. Without that currently, they get pennies on a dollar if they’re forced out.” 09400096.doc 108 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Is there a limit on the size of the corporation…”
“No.”
“…or the number of shareholders? Because under the, for instance in Illinois or the Federal Government to be a subchapter ‘S’ corporation, you have to have 75 or less shareholders. Would this apply to ‘C’ corporations as well as ‘S’ corporations?”
“You know, I have no idea. I’m not…”
“And I think that’s…”
“…that’s not been brought up. I don’t think so because this… this is… I don’t think so. I don’t think it applies to them.”
“Well, I’m concerned about it because of a limited liability corporation, as well. And let’s say you have a different sort of corporate entity and in that entity and a limited liability, for instance, which I think this would take care of, oftentimes, you have agreements. It’s almost like a partnership because it’s a pass-through and the only reason you’re really incorporated is for tax rates, as well as to protect one from individual liability. Oftentimes, you’re gonna have individual contracts, which I was wondering if this would supersede those contracts.”
“Yeah. The problem, of course, is that… that they may very well be told that they’re only gonna get 25 cents on a dollar.”
“No. My point is, if this applies to a LLC, for instance.”
“It does.” 09400096.doc 109 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Now, let’s assume the reason you set together a LLC is so you can have a pass-through for your taxes, which is perfectly…”
“Right.”
“…no problem. But also, you can set it up… LLCs oftentimes take the replace of a partnership. Now oftentimes in a partnership agreement, as you know, you will have it listed how one would value a company. Now, I’m worried that if we pass a Bill like this that it would supersede the contract that the individuals already entered into.”
“Trust me, when these… these Bills are debated in this group they go over all of the ins and outs…”
“Oh…”
“…of how it’s gonna affect the corporate makeup.”
“My analysis does not have proponents or opponents, could you help me with that. Who… who are the proponents and opponents that you have?”
“It is a group called the Illinois Institute of Business Law, they’re made up of about 25 lawyers including some professors of law schools and they… including Kent Law School. And we meet every month to talk about corporate law. They’ve been working on this project for 3 years. The Illinois Bar Association supports it also…”
“Okay.”
“…has reviewed it and said, this is the direction to go in.”
“Is there any opponents?”
“There… no, none.” 09400096.doc 110 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Okay, because our… our research didn’t… our analysis didn’t have any so I wanted to make sure…”
“Yeah.”
“…on where this was going. I guess my other concern would be, when you have control stock, when you are a 51 percent shareowner of a company, that has value in and of itself because then one could sell the company. I’m wondering if you would be diluting by doing this, I… just for legislative intent, would you diluting the majority shareholder’s ability to get a premium? Because oftentimes when a company is sold, you look at the book value, and oftentimes there is a multiple of that book value. And I wanna make sure that someone who’s invested their life work and have created a company and have majority shares would not lose the ability to have a multiple of a book rate where someone who might have a small portion would only get the book value.”
“Well, all I can tell you is that, these discussions have… were thrown back and forth for a couple of years. This is the final result. They’ve answered all those questions, all those concerns within themselves. Now, I’d be happy to try and get you an answer to the question…”
“That’s fine.”
“…when it’s in the Senate.”
“If we can hold it… I know it goes to the Senate, I’d like to meet… who’s gonna be the Senate Sponsor?”
“I don’t have a Senate Sponsor…”
“You haven’t one. Well…”
“…I’m gonna… Rep… Senator Hebron… Herron (sic-Harmon).” 09400096.doc 111 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Well, we’ll work with him.”
“Yes.”
“Once it passes out of here if we can just get… get those questions answers. I wanna make sure that people who’ve worked really hard aren’t losing their life investments.”
“I agree with you, that’s not the intent and I think they’ve taken that into consideration…”
“All right.”
“…in this legislation.”
“Thank you.”
“You’re welcome.”
“Seeing no further questions, the question is, 'Shall House Bill 5376 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting 'aye', 1 voting 'no', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Reading, we have House Bill 5555, Representative Kosel, the Lady from Will. Read the Bill, Mr. Clerk.”
"House Bill 5555, a Bill for an Act concerning regulation. Third Reading of this House Bill.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill creates a new Act, it is… which applies to for-profit water companies only, and it establishes a customer list of rights that the ICC will formulate by rule. 09400096.doc 112 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 The customers’ list of rights msut include: what rights a consumer has when his meter’s replaced, when his bill increases over 20 percent, when his service is tern… terminated. He also must have… must be informed as to why a bill is raised or lowered. He… there must be hearings held before a rate increase can be… a service rate increase can be given to the customer, and they must be held within 30 minutes traveling time from where those rate increases are going to take place. Among other provisions in here, it asks that the for-profit water company have responsibility for maintaining their subcontractors in a responsible way and that… that sanctions for violations of those terms would be in place by the Commerce Commission. It asks for hearings to be held to address the fire protection charge that is on for-profit water bills. And that the… that fire protection charge is designed to maintain good meters, and we’ve had some problems in the area. We’re asking for hearings, three to be held in the state to determine what the problems are and report back. I would ask for… I will answer any questions and ask for your approval of the Bill. Thank you.”
“Seeing no questions, the question is, 'Shall House Bill 5555 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the 09400096.doc 113 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Order of Third Readings, we have House Bill 5330, Representative Dunn. Read the Bill, Mr. Clerk.”
“House Bill 5330, a Bill for an Act concerning health. Third Reading of this House Bill.”
“The Gentleman from Will, Representative Dunn.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Again, this is a relatively simple Bill and technical in nature, simply changes the name on a form from the DNR Order to the DNR Advance Directive.”
“Seeing no questions, the question is, 'Shall the House pass House Bill 5330?' 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 113 voting 'aye', 0 'noes', 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. We’re going to go to the Order of Art Turner where we’re going to move Bills from Second Readings, move… adopt Amendments that were approved in the Rules Committee earlier today to those Bills. So, we’re gonna go through probably about 15 or 20 Bills, ask the Members if I could have their attention. And on that order, the first Bill that we’re going to hear is House Bill 4125. Read the Bill, Mr. Clerk. Representative Flowers.”
"House Bill 4125 has been read a second time, previously. No Committee Amendments. Floor Amendment #1 has been… offered by Representative Flowers, has been approved for consideration.” 09400096.doc 114 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Representative Flowers on Amendment #1.”
“Thank you, Mr. Speaker. Would you please withdraw Amendment #1.”
“The Lady asks leave to withdraw Amendment #1. All those in favor say ‘aye’; opposed… And the Amendment is withdrawn. Further Amendment?”
“Floor Amendment #2, offered by Representative Flowers, has been approved for consideration.”
“The Lady from Cook, Representative Flowers on Amendment #2.”
“Thank you, Mr. Speaker. I move for the adoption of Amendment #2 to House Bill 4125. And it’s an agreed to an Amendment and what it does is add 20 additional outpatient visits for speech therapy for treatment of pervasive developmental disorders. And I’ll be more than happy to answer any questions you may have in regards to this legislation.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 4125?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”
"No further Amendments. No Motions have been filed.”
“Third Reading. On the Order of Second Reading, we have House Bill 4203, Representative Brady. Read the Bill, Mr. Clerk.”
"House Bill 4203, a Bill for an Act concerning missing persons. Second Reading of this House Bill. No 09400096.doc 115 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Committee Amendments. Floor Amendment #1, offered by Representative Brady, has been approved for consideration.”
Speaker Turner: “The Gentleman from McLean, Representative Brady, on Amendment #1.”
“Thank you very much, Mr. Speaker. I’m gonna ask to remove this… this Bill back, the Amendment’s… there’s been a change to it.”
“Gentleman wishes to take the Bill out of the record… would ask leave to take the Bill out of the record. The Lady from Kane, Representative Lindner on House Bill 4258. Read the Bill, Mr. Clerk.”
"House Bill 4258, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Lindner, has been approved for consideration.”
“The Lady from Kane, Representative Lindner.”
“Thank you, Mr. Speaker. This Amendment merely changes the one member of the task force to say that it should be a representative of an electric pubu… public utility company from a county with a population of 1 million or more and from a county of a service area with a population of 1 million or less.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 4258?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment #2 is adopted. Further Amendments?” 09400096.doc 116 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"No further Amendments. No notes have been requested.”
“Third Reading. We’ll go to the top of the order, House Bill 2006, Representative Phelps. Out of the record. Representative Rose on House Bill 4300. Read the Bill, Mr. Clerk.”
"House Bill 4300 has been read a second time, previously. Amendment #1 was improve… approved in committee. Floor Amendment #2, offered by Representative Rose, has been approved for consideration.”
“The Gentleman from Cook… I mean, the Gentleman from Champaign, Representative Rose, Amendment #2.”
“I would move to table Amendment #2. Amendment #3 is…”
“The Gentleman asks leave to withdraw Amendment #2. All those is favor… Leave is granted. Further Amendments, Mr. Clerk?”
"Floor Amendment #3, offered by Representative Rose, has been approved for consideration.”
“The Gentleman from Champaign, Representative Rose, on Amendment #3.”
“Thank you, Ladies and Gentlemen. Floor Amendment #3 adds ‘solid’ to the list of forms of dextromethorphan that we’re seeking to regulate, just the crystal in structured solid. And then also further defines that what… when we talk about labeling and packaging, we’re talking about labeling and packaging in accordance with the Federal Food and Drug Administration requirements. I’d ask for its adoption.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #3 to House Bill 4300?’ All 09400096.doc 117 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #3 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. The Gentleman… Representative Wait on House Bill 4397. Read the Bill, Mr. Clerk.”
"House Bill 4397 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Wait, has been approved for consideration.”
“The Gentleman from Boone, Representative Wait.”
“Thank you, Ladies and Gentlemen of House. Yeah. The Amendment is just a technical Amendment to bring into compliance with the… what the authority of… the Finance Authority wanted to make it workable. Be happy to answer any questions.”
“Gentleman asks leave for the adoption of Floor Amendment #2 to House Bill 4397. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Wait on House Bill 4398. Read the Bill, Mr. Clerk.”
"House Bill 4398, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Wait, has been approved for consideration.”
“The Gentleman from Boone, Representative Wait.” 09400096.doc 118 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Thank you, Ladies and Gentlemen of the House. Yes, this Amendment just makes the Bill that it only applies to Class II felonies rather than Class III, therefore, it applies to fewer members.”
“Gentleman… Seeing no questions, the Gentleman asks leave for the adoption of Floor Amendment #1 to House Bill 4398. All those in favor should say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. And Amendment’s adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Graham, Deborah Graham on House Bill 4694. Read the Bill, Mr. Clerk.”
"House Bill 4694, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Graham, has been approved for consideration.”
“The Lady from Cook, Representative Graham.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill… this Floor Amendment amends House Bill 4694 to add in a person in the military exempting them from needing a Firearm (sic-Owner’s) Identification Card. And it takes out of the Bill that a gun is required… in order to store a gun in a locked box, it has to be unloaded and disassembled. This Bill takes that language out. I’ll take any questions.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 4694?’ All those in favor say ‘aye’; all those opposed say ‘no’. In 09400096.doc 119 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Golar on House Bill 4727. Read the Bill, Mr. Clerk.”
"House Bill 4727, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Golar, has been approved for consideration.”
“Out of the record. Representative Schock on House Bill 4743. Read the Bill, Mr. Clerk.”
"House Bill 4743, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Schock, has been approved for consideration.”
“Thank you, Mr. Speaker. I move for the adoption of House Amendment #1 which simply allows for the county collectors to keep 5 percent of the special assessments fee and allowed for in this… this Bill. Be happy to answer any questions.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 4743?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment’s adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative D’Amico, the Gentleman from Cook, on House Bill 4768. Read the Bill, Mr. Clerk.” 09400096.doc 120 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"House Bill 4768, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative D’Amico, has been approved for consideration.”
Speaker Turner: “The Gentleman from Cook, Representative D’Amico.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is just a technical Amendment making the Bill effective immediately upon passage.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 4768?’ All those in favor should say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Stephens, Ron Stephens on House Bill 4822. Read the Bill, Mr. Clerk.”
"House Bill 4822, a Bill for an Act concerning human rights. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Stephens, has been approved for consideration.”
Speaker Turner: “The Gentleman from Bond, Representative Stephens.”
“Thank you, Mr. Speaker. The… with the help of the chairman of Judiciary I, we… we adopted this Amendment which simply creates… in the definition of military status, it 09400096.doc 121 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 would include the veterans’ status and it defines the word ‘veteran’. I move its adoption.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 4822?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. The Gentleman from Fulton, Representative Smith on House Bill 4965. Out of the record. Representative Brady on House Bill 4971. Read the Bill, Mr. Clerk.”
"House Bill 4971 has been read a second time, previously. Floor Amendment #1, offered by Representative Brady, has been approved for consideration.”
“The Gentleman from McLean, Representative Brady on Amendment #1.”
“Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 is a technical Amendment to the Bill that simply switches… changes a word from ‘shall’ to ‘may’ within the section pertaining to coroner’s inquest. And I’d be happy to answer any questions.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 4971?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.” 09400096.doc 122 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
Speaker Turner: “Third Reading. The Gentleman from Cook, Representative Parke, on House Bill 5216. Read the Bill, Mr. Clerk.”
"House Bill 5216, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Parke, has been approved for consideration.”
“Thank you, Mr. Speaker. Amendment #1 to House Bill 5216 is a commitment that I made to the Jud II Committee and the chairman graciously let the Bill out. I had mentioned that if the Bill was on the floor that I would amend it to take out the portion that had to do with the impounding of vehicles from a defendant, but if the defendant is acquitted or all charges are dropped, the vehicle cannot be sold and must be returned to the owner. I would stand ready to answer any questions.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 5216?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment’s adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
Speaker Turner: “Third Reading. The Lady from Cook, Representative Coulson on House Bill 5269. Read the Bill, Mr. Clerk.”
"House Bill 5269 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Coulson, has been approved for consideration.” 09400096.doc 123 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“The Lady from Cook, Representative Coulson.”
“Thank you, Mr. Speaker. I move for the adoption of Amendment #1. It simply makes the Bill subject to appropriations.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 5269?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Like to let the Members know that we’re going to go to the Order of Second Readings. We’re starting on page 2 of the Calendar. If you put your seatbelts on we can run through this. Start at the top of the Calendar, on page 2 of the Calendar Second Readings, we’re gonna go through Second Readings in the order that they appear. The House Bill… the first Bill on page 2 of the Calendar is House Bill 280, Representative McGuire. Jack McGuire on House Bill 280. Read the Bill, Mr. Clerk.”
"House Bill 280, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Joe Lyons on House Bill 1577. Out of the record. Not here… Representative Soto on House Bill 2150. Read the Bill, Mr. Clerk.” 09400096.doc 124 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"House Bill 2150 has been read a second time, previously. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Flowers on House Bill 2548. Read the Bill, Mr. Clerk.”
"House Bill 2548, a Bill for an Act concerning health care. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. All notes have been filed.”
“Third Reading. Representative Mitchell, Bill Mitchell on House Bill 4081. Read the Bill, Mr. Clerk.”
"House Bill 4081, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Franks on House Bill 20… 4104, 4104. Read the Bill, Mr. Clerk.”
"House Bill 4104, a Bill for an Act concerning revenue. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Burke on House Bill 4132. Read the Bill, Mr. Clerk.”
"House Bill 4132, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Burke, has been approved for consideration.” 09400096.doc 125 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“The Gentleman from Cook, Representative Burke on Amendment #2.”
“Thank you, Mr. Speaker. On Amendment #2, it simply add the language ‘or other deadly weapon’. This legislation has to do with the subject of replica weapons, replica artillery items, and so forth. It was a matter that was recommended to me by Representative Durkin in committee. And we have accommodated that recommendation with Floor Amendment #2. And I would ask for the Body’s favorable consideration.”
“The Gentleman from Cook… the Gentleman from St. Clair, Representative Holbrook, for what reason do you rise?”
“Question of the Sponsor.”
“He… he in… he says he will.”
“Okay. I have a lot of groups in my area that do Revolutionary War, 1812 reenactments where they actually threaten each other with no criminal intent. You know, they actually have the… the British and the French, the American, the Native Americans. They wouldn’t come under this, would they not, because they have no criminal intent with their threats?”
“I am so glad you’ve asked that question, Representative. There would be no impact on that particular activity. Actually, Representative Black has indicated the same interest and I believe he is assured that this indeed would not affect that activity.”
“Thank you so much. ‘Cause we have 20 and 30 thousand people showing up annually for these type of functions, they roll in their cannons, they have muskets and bayonets. And 09400096.doc 126 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 they put on a great show and we bring in about a quarter million tourists. So, we wouldn’t wanna stop that in any way. Thank you so much, Representative Burke.”
“Thank you, Representative.”
“Seeing no further questions, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 4132?’ All those in favor should say ‘aye’; all those opposed say ‘no’. The opinion of the Chair, the ‘ayes’ have it. And the Amendment’s adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
Speaker Turner: “Third Reading. The Lady from Cook, Representative Flowers, for what reason do you rise? Or I should say, Mr. Clerk, what’s the status of House Bill 2548?”
Clerk Mahoney: "House Bill 2548 is on the Order of Third Reading.”
“Sponsor asks leave to bring the Bill back to Second, place the Bill on the Order of Second Reading. Page 3 of the Calendar, Representative Osmond, we have House Bill 4155. Out of the record. Representative Granberg. Out of the record. Granberg on House Bill 4175. Read the Bill, Mr. Clerk. No, out of the record. I’m sorry. Representative Fritchey on House Bill 4193. Read the Bill, Mr. Clerk.”
"House Bill 4193, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.” 09400096.doc 127 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Third Reading. Representative Mulligan on House Bill 4195. Read the Bill, Mr. Clerk.”
"House Bill 4195, a Bill for an Act concerning insurance. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions have been filed.”
“Third Reading. Representative Schmitz on House Bill 4197. Out of the record. Representative Bassi on House Bill 4209. Out of the record. Representative Boland on House Bill 4238. Read the Bill, Mr. Clerk.”
"House Bill 4238, a Bill for an Act concerning animals. Second Reading of this House Bill. Amendments 1 and 2 were approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Poe on House Bill 4274. Read the Bill, Mr. Clerk.”
"House Bill 4274, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Granberg on House Bill 4292. Out of the record. Representative Beiser on House Bill 4296. Out of the record. Representative Black. Out of the record. Representative Sacia on House Bill 4303. Out of the record. Representative Kosel on House Bill 4310. Read the Bill, Mr. Clerk.”
"House Bill 4310, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 09400096.doc 128 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 and 2 were approved in committee. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. Representative Tryon. Representative Pritchard on House Bill 4322. Out of the record. Representative Collins on House Bill 4338. Out of the record. How about 4339, Representative Collins? This’ll be… What does that mean? Read the Bill, Mr. Clerk.”
"House Bill 4339 has been read a second time, previously. Amendment #2 was approved in committee. All notes have been… that have been requested have been filed.”
“Third Reading. Representative Jefferson on House Bill 4342. Read the Bill, Mr… Out of the record. Representative Lang on House Bill 4350. Read the Bill, Mr… Out of the record. Representative Holbrook on House Bill 4362. Read the Bill, Mr. Clerk.”
"House Bill 4362, a Bill for an Act concerning revenue. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Pritchard on House Bill 4322. Representative Pritchard on… You want us to move the Bill? Out of the record. Representative Pihos on House Bill 43… Out of the record. Out of the record. Representative McGuire, House Bill 4404. Read the Bill, Mr. Clerk.”
"House Bill 4404, a Bill for an Act concerning State Government. Second Reading of this House Bill. No 09400096.doc 129 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Sullivan on House Bill 4405. Out of the record. Representative Jones, Lou Jones on House Bill 4406. Out of the record. Representative David Miller on House Bill 4414. Out of the record. Representative Bost. Out of the record. Representative Howard on House Bill 4446. Read the Bill, Mr. Clerk.”
"House Bill…”
Speaker Turner: “Out of the record. Out of the record. Representative Jones, Lou Jones on House Bill 4447. Out of the record. Representative Beiser on House Bill 40… Out of the record. Representative Howard on House Bill… Read the Bill, Mr. Clerk.”
"House Bill 4456, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. How about… Representative Bost on House Bill 4444. Out of the record. Representative Howard on House Bill 4456. The Lady asks leave to bring the Bill back to Sec… Out of the record. On page 6 of the Calendar, Representative Bellock on House Bill 4323. I’m sorry, 4523. Out of the record. Representative Davis on House Bill 4544. Read the Bill, Mr. Clerk.”
"House Bill 4544, a Bill for an Act concerning children. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed.” 09400096.doc 130 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Third Reading. Representative McAuliffe on… Out of the re… record. Representative Stephens on House Bill 4559. Read the Bill, Mr. Clerk.”
"House Bill 4559, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Munson on House Bill 4604. Out of the record. Representative McCarthy. Out of the record. McCarthy on 4652. Out of the record. Representative Dunkin on House Bill 4657. Read the Bill, Mr. Clerk.”
"House Bill 4657, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Hultgren on House Bill 4679. Read the Bill, Mr. Clerk.”
"House Bill 4679, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Jenisch on House Bill 4680. Out of the record. Representative Colvin on House Bill 4687. Out of the record. Representative Deborah Graham on House Bill 46… Representative Chapa LaVia on House Bill 4711. Read the Bill, Mr. Clerk.”
"House Bill 4711, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by 09400096.doc 131 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Representative Chapa LaVia, has been approved for consideration.”
“The Lady from Kane, Representative Chapa LaVia on Amendment #1.”
"All Amendment #1 does is satisfy curiosity or recommendations by the Jud II Committee, Representative Gordon, and a couple of other people about putting the felony charges as remaining. So, we amended it to lower the felony charge back to its original classification.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 4711?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment’s adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
Speaker Turner: “Third Reading. Representative Yarborough… Representative Kelly on House Bill 4715. Out of the record. Representative Golar on House Bill 4739. Read the Bill, Mr. Clerk.”
"House Bill 4739, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Golar on House Bill 4740. Read the Bill, Mr. Clerk.”
"House Bill 4740, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” 09400096.doc 132 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“Third Reading. Representative Acevedo on House Bill 4748. Read the Bill, Mr. Clerk.”
"House Bill 4748, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Nekritz on House Bill 4782. Out of the record. Representative Brosnahan on House Bill 4785. Out of the record. Representative Mautino on 4793. Read the Bill, Mr. Clerk.”
"House Bill 4793, a Bill for an Act concerning revenue. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
Speaker Turner: “Third Reading. Representative Mautino on House… I mean, Representative Molaro on House Bill 4799. Out of the record. Representative Sullivan on House Bill 4805. Out of the record. Sullivan on 4819. Out of the record. Representative Delgado on House Bill 4829. Read the Bill, Mr. Clerk.”
"House Bill 4829, a Bill for an Act concerning human rights. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Sullivan, for what reason do you rise?”
“Speaker, I rise because I was gonna ask on the Amendment if it was adopted or not?”
“Are you…” 09400096.doc 133 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“I… I just filed an Amendment and I’m wondering if that has been approved or not.”
“Which Bill? Is this 4819 or 4805?”
“Tax checkoffs, I’m not sure what Bill it was.”
“That would be…”
“4819.”
“Just a moment. The Amendment is still in Rules. Do you wanna hold the Bill?”
“Yes, I wanna hold the Bill until that Amendment gets on. Thank you.”
“Okay. Out of the record. Representative Osterman on House Bill 4853. Out of the record. Representative Jones, Lou Jones on House Bill 4885. Out of the record. Representative McAuliffe. Out of the record. Representative Miller, 4895. Read the Bill, Mr. Clerk.”
"House Bill 4895, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Myers on House Bill 4902. Read the Bill, Mr. Clerk.”
"House Bill 4902, a Bill for an Act concerning regulaiton. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No…”
Speaker Turner: “Out of the record. Out of the record. Representative Davis, Will Davis on House Bill… Out of the record. Representative Deborah Graham on House Bill 4937. Deborah Graham. Out of the record. Representative Scully on House Bill 4977. Out of the record. Representative 09400096.doc 134 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Moffitt on House Bill 4986. Out of the record. Representative Leitch on House Bill 5219 on page 10 of the Calendar. Out of the record. Representative Winters on House Bill 5220. Out of the record. Representative Molaro on House Bill… Out of the record. Representative Durkin on House Bill 5241. Out of the record. Representative Brauer on House Bill 5245. Out of the record. Representative Molaro on House Bill 5284. Read the Bill, Mr. Clerk.”
"House Bill 5284, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Mendoza on House Bill 5288. Read the Bill, Mr. Clerk.”
"House Bill 5288, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Bradley on House Bill 5299. Read the Bill, Mr. Clerk.”
"House Bill 5299, a Bill for an Act concerning businesses. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Mulligan on House Bill 5300. Out of the record. Representative Jenisch on House Bill 5337. Out of the record. Representative Moffitt on House Bill 5348. Out of the record. Representative Daniels on House Bill 5382. Leader Daniels. Read the Bill, Mr. Clerk.” 09400096.doc 135 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"House Bill 50…”
“No. Out of the record. Hand signals. Out of the record. Representative Krause. Read the Bill, Mr. Clerk.”
"House Bill 5388, a Bill for an Act concerning government. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Dunkin on House Bill 5524. Read the Bill, Mr. Clerk.”
"House Bill 5524, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Miller on House Bill 5542. Out of the record. Representative Berrios on House Bill 50… Out of the record. Representative May on House Bill 5578. Out of the record. We’re gonna go back to House Bill 4739, Representative Golar. Read the Bill, Mr. Clerk.”
Clerk Mahoney: "House Bill 4739 is on the Order of Third Reading.”
“The Sponsor asks leave to bring the Bill back from Third to Second. Leave is granted. So, the Bill will be placed on the Order of Second Reading. On House Bill 280, what’s the status of House Bill 280, Mr. Clerk?”
Clerk Mahoney: "House Bill 280 is on the Order of Third Reading.”
“The Sponsor asks leave to bring the Bill back to Second Reading. Leave is granted. On page 4 of the 09400096.doc 136 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 Calendar, we have House Bill 4314. Read the Bill, Mr. Clerk.”
"House Bill 4314, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, what’s the status of House Bill 4306, 4306 on page 4 of the Calendar?”
"House Bill 4306 has been read… Second Reading of this House Bill. A Bill for an Act concerning public health. Amendments 1, 2, and 3 were approved in committee. Floor Amendment #6, offered by Representative Flowers, has been approved for consideration.”
“Representative Flowers, the Lady from Cook, on Amendment #6.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #6 becomes the Bill and possibly today is it’s possible to prevent at least one-third of newborn infants from acquiring from their mothers the HIV even if the mother has never had any type of prenatal care. And House Bill 4306 will be the beginning stages of trying to prevent this deadly disease. And I ask for the adoption and the passage of Amendment #6.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #6 to House Bill 4306?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #6 is adopted. Further Amendments?” 09400096.doc 137 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
“No further Amendments. All notes have been filed.”
“Third Reading. Mr. Clerk, Agreed Resolutions.”
Clerk Mahoney: "The Order of Agreed Resolution is House Resolution 937, offered by Representative Chapa LaVia. House Resolution 938, offered by Representative Krause. House Resolution 942, offered by Representative Jerry Mitchell. House Resolution 944, offered by Representative Granberg. House Resolution 945, offered by Representative Michael Smith. House Resolution 946, offered by Representative Smith. And House Resolution 947, offered by Representative Smith.”
“Mr. Clerk asks for the adoption of the Agreed Resolutions. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair… And those Resolutions are adopted. The Lady from Kane, Representative Chapa LaVia, for what reason do you rise?”
"Thank you, Speaker. I’d like to table House Bill 4236, please. Thank you.”
“The Lady asks leave to table House Bill 4236. Leave is granted. Representative Franks, the Gentleman from McHenry, for what reason do you rise?”
“Reluctantly I rise to cancel State Government Administration today, but we’ll have another opportunities.”
“I’m sure you will.”
“Thank you.”
“State Government has been canceled for today. Mr. Clerk, for announcements. If you could pay attention to 09400096.doc 138 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 the Clerk, Ladies and Gentlemen, so you’ll know where you’re to be in the morning. Mr. Clerk.”
"Committee announcements. Immediately following adjournment today, Approps Elementary & Secondary Education will meet in Room 114. Tomorrow, Wednesday, February 22, at 8 a.m., Approps General Services will meet in Room D-1 and Approps Public Safety in Room 114. At 9 a.m., Higher Education will meet in Room 122-B, Judiciary-Civil… Criminal Law will meet in 118. Judiciary II in 118. At 9:30 a.m., Local Government will meet in Room C-1. And at 10:30, the Telecommunications Committee will meet in Room 118.”
Speaker Turner: “The Gentleman from Cook, Representative Delgado, for what reason do you rise?”
“Thank you, Mr. Speaker. Just once again, a reminder for the record, the Human Services Committee has been canceled. We are not meeting immediately after Session, it’s not on the schedule. But just as a reminder, no Human Services today.”
“The Lady from Cook, Representative Monique Davis, for what reason do you rise?” Davis, M.: “I’d like to hear those announcements again. And I apologize, but we couldn’t hear them.”
“I’m gonna pass you the sheet around.” Davis, M.: “Okay. Thank you. Thank you.”
“And now allowing perfunctory time for the Clerk, the House does stand… Representative Will Davis moves that the House stands adjourned until tomorrow at the hour of 11 a.m., the hour of 11 a.m. on Wednesday. And the House does stand adjourned.” 09400096.doc 139 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006
"The House Perfunctory Session will come to order. Introduction and reading of House Bills-First Reading. House Bill 5663, a Bill for an Act making appropriations, offered by Representative Madigan. House Bill 5763, offered by Representative Madigan, a Bill for an Act concerning appropriations. Senate Bills-First Reading. Senate Bill 2396, offered by Representative Hoffman, a Bill for an Act regarding transportation. Senate Bill 2556, offered by Representative Saviano, a Bill for an Act concerning regulation. House (sic-Senate) Bill 2587, offered by Representative Mathias, a Bill for an Act concerning liquor. House (sic-Senate) Bill 2601, offered by Representative Hultgren, a Bill for an Act concerning civil law. House (sic-Senate) Bill 2630, offered by Representative Lang, a Bill for an Act concerning education. House (sic-Senate) Bill 2739, offered by Representative Fritchey, a Bill for an Act concerning civil liabilities. House (sic-Senate) Bill 2763, offered by Representative Holbrook, a Bill for an Act concerning confidentiality. House (sic-Senate) Bill 2772, offered by Representative Cross, a Bill for an Act concerning businesses. Senate Bill 2915, offered by Representative Eddy, a Bill for an Act concerning methamphetamine. Senate Bill 2917, offered by Representative Mautino, a Bill for an Act concerning insurance. Senate Bill 2936, offered by Representative May, a Bill for an Act concerning validation. Senate Bill 2951, offered by Representative Hultgren, a Bill for an Act relating to the Illinois Research Park Authority Act. And Senate Bill 2966, offered by Representative Rose, a Bill for 09400096.doc 140 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day 2/21/2006 an Act concerning criminal law. There being no further business, the House Perfunctory Session will stand adjourned." 09400096.doc 141