“The hour of 11:00 having arrived, the House will be in order. We shall be led in prayer today by Reverend Robert Timms, the Associate Pastor of Pleasant Grove Baptist Church in Springfield, Illinois. Reverend Timms is the guest of Representative Turner. 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. Reverend Robert Timms.”
“May we pray. Father God, we come, first of all, acknowledging You and Your greatness and in Your sovereign majesty. We stand here humbly before You recognizing that and admitting that You’re the Creator and maker of all things and for that we give thanks. Now, we ask, Lord God, that You would usher in wisdom from above, that the decisions and everything that goes on here, this day, would be according to Your will for Your purpose and for the edification of the people of this city, this community, this state, even this nation. We ask for Your divine direction, Lord, that You would touch and bless each person that’s convening here this morning, every family that’s represented, we ask that You bless them. We thank You for the privilege of decision making, understanding, Lord God, that You are the supreme authority and that if we’re to have any authority at all… at all, it’s under Your authority. Thank You for that privilege. I ask You, Lord God, to protect, strengthen, guide, and use each person here today for no other reason than to do Your will and to give 09400097.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 You glory. We ask these things recognizing You as sovereign in all things. Amen.”
Speaker Turner: “We’ll be led in the Pledge today by Representative McCarthy, the Gentleman from Cook.”
“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.”
“Roll Call for Attendance. The Gentleman from Jackson, Representative Bost, for what reason do you rise?”
“Thank you, Mr. Speaker. Let the record reflect that Representative Froehlich is excused today.”
“The record will so. The Lady from Cook, Representative Currie, for what reason do you rise?”
“Thank you, Speaker. Just to report that the record should show that Representatives Giles, McKeon, Patterson, and Washington are excused today.”
“And the record will reflect. The Clerk shall take the roll. There are 112 Members being present, 6 absent, and a quorum is here. Mr. Clerk, Committee Reports.”
“Committee Reports. Representative McCarthy, Chairperson from the Committee on Higher Education, to which the following measure/s was/were referred, action taken on February 22, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #3 to House Bill 4339. Representative Osterman, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on 09400097.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 February 22, 2006, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 4703. Representative Molaro, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on February 22, 2006, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 4649; 'do pass as amended Short Debate' House Bill 5342. Representative Brosnahan, Chairperson from the Committee on Telecommunications, to which the following measure/s was/were referred, action taken on February 22, 2006, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 5257.”
“Mr. Clerk, Agreed Resolutions.”
“On the Order of Agreed Resolutions is House Resolution 948, offered by Representative May.”
“Mr. Clerk… Mr. Clerk, House Resolution 950. Read the Resolu…”
Clerk Bolin: “House… House Resolution 950, offered by Representative Schock. WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of Illinois citizens; and WHEREAS, It has come to our attention that Scott Senti, his wife, Tamera, and their daughters, Kelly Senti Wilcox and Emily Senti, won the "Biggest Loser Special Edition: The Little Italy Family vs. 1950s Diner Family"; and 09400097.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 WHEREAS, Scott and Tamera and their daughters entered the nationally televised weight loss competition hoping to win $50,000 and a family vacation; and WHEREAS, The family competed against the Sapienza family, restaurant owners from the Bronx, beginning last spring; and WHEREAS, The Senti family went to The Ranch in Los Angeles with trainers who taught them how to exercise and eat correctly; and WHEREAS, During their 10-day stay at The Ranch, the Senti Family lost 70 pounds and won a family vacation; and WHEREAS, The Senti family then went home determined to maintain the healthy lifestyle they had been taught and continue the weight loss over the next six months as they continued to work at their Maid Rite Fifties Diner; and WHEREAS, Each family weighed-in for the national television program on February 1, 2006; and WHEREAS, The Senti family lost a combined total of 242 pounds, winning the $50,000 prize; and WHEREAS, The Senti family has honored the community of Peoria Heights and the State of Illinois through their efforts and determination to pursue healthy lifestyles and lose weight; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor and recognize Scott Senti, Tamera Senti, Kelly Senti Wilcox, and Emily Senti for being role models in healthy behavior for all of us; and be it further 09400097.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 RESOLVED, That a suitable copy of this resolution be presented to Scott and Tamera Senti, Kelly Senti Wilcox, and Emily Senti as an expression of our respect and esteem.”
Speaker Turner: “The Gentleman from Peoria, Representative Schock.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, if I could have your attention, please. With us in the gallery today are The Biggest Loser competition winners who happen to hail from my district in Peoria Heights. If you'd please stand. Scott… Scott, his wife, Tamera, their daughters, Kelly and Emily competed in this national competition on television and many of you may have watched as they competed and millions of Americans watched the Senti family from Peoria Heights compete with the Little Italy family from the Bronx in New York. And these… folks and their family over a matter of weeks and months through healthy habits and exercise were able to lose over two hundred and forty pounds. And I think it’s very, very important that we recognize folks like this in our state. You know, it’s often we pass laws on healthy eating and healthy habits, but it’s remarkable when a family like this actually takes up the cause and accomplishes it and sets a fine example for others in our… in our country and our state to follow. Scott, the father, has offered, if any of you want tips on healthy eating or exercise, he’s more than happy to share them. So, please give me a… join me in giving them a round of applause for their efforts in weight loss and healthy eating.” 09400097.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“The Gentleman from Cook, Representative Dunkin, for what reason do you rise?”
“To… I just… A point of personal privilege.”
“State your point.” Representative Dunkin: I’d just like to echo those same or similar sentiments that Representative Schock pointed out with the Senti family. I recently took a trip overseas and we experienced a very… just sort of a life changing situation given that how this village in Israel… in Dimona, Israel, how they are living the life of just healthy eating, healthy products, and taking charge of their lives and they, too, have lost a tremendous amount of weight. They’re feelin’ better, they’re lookin’ better, they're no drain on the health care system. And to see, right here in our state, a family taking charge and losing that much poundage is tremendously commendable. Certainly here, us, as Legislators and how we run across all kind of dietary challenges, it says a lot and I really just applaud you and take my hat off to you and your family takin’ the lead for good health and being that wonderful example for all of us here in the State of Illinois. Thank you for joining us.”
“The House moves for the adoption of House Resolution 950. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Resolution is adopted. House moves for the adoption of the Agreed Resolutions. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Agreed Resolutions are adopted. Ladies and Gentlemen, we’re going 09400097.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 to proceed on the Order of Third Readings on page 9 of the Calendar. If you would just follow through, we’re gonna start at the top of that order on page 9 of the Calendar, Third Readings. And on that order we have Representative Berrios. Out of the record. We have Representative Soto on House Bill 2150. Out of the record. Representative Bill Mitchell on House Bill 4081. Out of the record. Representative Chapa LaVia on House Bill 4104. I’m sorry, Representative Franks. Read the Bill, Mr. Clerk.”
“House Bill 4104, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from McHenry, Representative Franks.”
“Thank you, Mr. Speaker. Sometimes we have lots of good intentions with safety nets for our senior citizens so they don’t lose their home because of property taxes, but sometimes those safety nets don’t work and that’s what happened in McHenry County this year. A gentleman had paid cash for his home, was a veteran, and for some reason didn’t pay his property taxes. He was eligible for many of our wonderful programs that we have for the state, such as the senior citizens disabled property tax relief. He also could have had a deferral under the Senior Citizens Real Estate Tax Deferral Act, but for whatever reason he never signed up for these programs and as a result, because of his delinquent taxes he lost his home. What this Bill would do it would permissively allow the county boards, through their treasurers, to establish a homestead protection program and it would allow the treasurers of the county board, if they 09400097.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 so choose, to let people know of these programs and also to use the general fund to avail the programs automatically to those people who would be eligible for them. I’d be glad to answer any questions.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Thank you. Representative, is this a decision that is simply made by the county board to go into this kind of a program or do they need to go to the voters and ask for permission to do this program?”
“No. Well, right now, there are these programs available, Representative. We’re talking about the Senior Citizens Real Estate Tax Deferral Act or also the other programs that we’ve had like with the Pharmaceutical Assistance Act which also reduces the property tax liability. What we found, though, is many people don’t sign up for these because they don’t know about them or they might not be capable of it and that’s what happened in this instance. The gentleman just never opened his mail and never did a thing and he was eligible for these programs but because he never signed up he lost his home. This would allow the county board, if a person would be eligible for these programs, to sign them up on their own so that way we could save these folks’ homes.”
“Well…”
“It’s not a new program.”
“Isn’t there a certificate of error as a remedy?” 09400097.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“There is no error here because the gentleman didn’t pay his taxes, never showed up, it was sold at the tax sale and there’s nothing you can do about it.”
“So, is this a…”
“Everything was followed correctly.”
“Is this a single subject… I mean…”
“No.”
“…is this a single issue for just one person?”
“No, this would be for statewide and what this would allow is the county boards, if they so choose… this is permissive legislation… to set up through their General Fund to make… to sign these… to sign anyone up who would be eligible for these programs who didn’t sign up.”
“Okay. Isn’t it our understanding also that this is a… that these are delivered by certified mail and by actual sare… sheriff departments? I mean, when they go into arrears, isn’t somebody flagging them and telling ‘em that they’re… they’re in arrears?”
“Absolutely, they’re delivered by certified mail, but sometimes people just aren’t competent, for whatever reason. Oftentimes, people when they’re in debt or they’re scared, they just… they go into ostrich mode and put their head in the sand and don’t do anything about it. This way… it’s not costing the state anything more. These are just the programs that are already available. We wanna make sure the people actually have access to ‘em and use them.”
“Did you make that phone call yesterday?”
“Yeah, I did.”
“Thank you. Thank you, Representative.” 09400097.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Representative Tryon, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise in support of the Sponsor’s Bill. Will the Sponsor yield?”
“He indicates he will.”
“Yes. I believe that Representative Franks has an excellent Bill here. If you have ever been through watching somebody lose their home because they could not afford to pay the taxes, it’s a frightening experience. Because by the time… if you are a city council member, if you are a county board member, if you are a county board chairman… by the time that you find out about this it’s too late to intervene. This will allow for county boards to set up a mechanism so that they can come to the help and defense of somebody who cannot pay their taxes. When the events indicate that they need help, there’s a mechanism there that will help them. Certainly, I’m gonna support this. This happened in our county. The guy didn’t even have a mailbox, so they held his mail at the post office, therefore, he didn’t get his certified notices. And this is… this is an opportunity for us to empower to local government to do something good to help their constituents. And I’m gonna support it and I would hope every one of you would assist Representative Franks with a ‘yes’ vote. Thank you.”
Speaker Turner: “The Gentleman from Lake, Representative Sullivan, for what reason do you rise?”
“I rise in support of the Bill. Thank you. To the Bill. Mr. Speaker and Ladies and Gentlemen, the Gentleman here has a Bill to help people stay in their homes, pure and 09400097.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 simple. I’m an active township assessor, as many of you know and I see this happen day in and day out where someone comes in and talks about how am I gonna pay for my medications and how am I gonna pay for my taxes. And this is a Bill to help them get into the programs that they need to be in. As township assessors, we try to make available the programs and we try and get that out into the world and let these senior citizens know what’s going on. In rural Illinois sometimes they don’t have the funds to… to send mailers to people and tell ‘em what’s going on. So, this is one aspect where they’re gonna get their tax bill, they’re gonna see this information, and they’re gonna know about the program. So, anything that we can do to help senior citizens understand what benefits are out there for them, I think it’s something we should be doing and this is one more example. And… and I applaud the Sponsor for that. Thank you.”
“Seeing no further questions, the question is, ‘Shall the House adopt… should the House pass House Bill 4104?’ 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’, 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 4157, Representative Reis. Representative Reis. Out of the record. On the Order of Third Readings we 09400097.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 have House Bill 4173, Representative Fritchey, 4173. Read the Bill, Mr. Clerk.”
“House Bill 4173, a Bill for an Act concerning elections. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Fritchey.”
“…Speaker, Members of this Body. 4173 is actually a good piece of election reform legislation. We had one case in Chicago where an individual, actually acknowledged, changing his name to more favorable name in order to seek a position on the bench. What this Bill would do is preclude an individual from doing that by requiring that if that person changes their name within 3 years previous to an election, that previous name would be listed on the ballot. There’s also some technical cleanup language in there. I’d be happy to answer any questions. Thank you.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4173?’ 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’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Fritchey on House Bill 4193. Read the Bill, Mr. Clerk.”
“House Bill 4193, a Bill for an Act concerning criminal law. Third Reading of this House Bill.” 09400097.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
Speaker Turner: “The Gentleman from Cook, Representative Fritchey.”
“Ladies and Gentlemen, this is actually a very serious issue. Last week we had a number of Bills come up and I’m sure we will this week and next week again, with continual crackdowns on individuals that are on the sex offender registry. What a lot of you may not recognize is that there are a number of individuals that are on that registry whose crimes have nothing to do with the sexual offense. They may have had to do with a murder if the victim was a minor. It may have to do with aggravated kidnapping with certain offenses along those lines. What this piece of legislation does is clean up, 10 years too late, the sex offender registry to make sure that only those individuals that've committed sex offenses remain on that registry. What is does not do is take these people out of the purview of law enforcement. It simply shifts them over into a new registry which will be called the Violent Offender Against Youth Registry. We would still be able to monitor them, we’d still be able to track them, but we will not further stigmatize individuals who have already committed a crime and come out and paid their time by calling them sex offenders when they’re actually not. I’d be happy to answer any questions about this legislation.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.” 09400097.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Representative, I’m… have no problem with the Bill. Where are you?”
“Representative Fritchey.”
“Oh, there he is. Okay.”
“Where I always am.”
“I have no problem with the Bill, but if you’re gonna take it out of one area of responsibility and put it in another, does the money flow with it? Who pays for this? Because we need to make sure this is funded properly.”
“And it… the cost that will be involved, per the State Police, who are… who have been supportive of this legislation, they really need to redo the database itself. As the database has grown and grown in complexity because of laws that we’ve passed in this Body, there’s some updates that are… that will follow that. The technical cost of simply creating a new database isn’t that high. It will take probably over a year to do this the right way, but you’re looking at total cost of revamping the existing sex offender database, this new database, getting everything modernized and up to speed, probably somewhere around $750 thousand.”
“Well, in a time when we’re asking all state agencies including the State Police to do more with less, this could be a big hit on their budget. And I… have you made sure that the Gov… Governor has a line item to include this $750 thousand so that we are achieving what you wanna achieve?”
“It… it’s a very… it’s a very valid point. I have not had conversation with the Governor’s Office. The Attorney General’s Office actually helped rewrite this legislation to 09400097.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 its present form, they recognized the need to do this, the State Police recognized the need to do this. I’ll trust that the Governor’s Office will recognize the need to do this as well.”
“Well, I would appreciate it if you’d follow up with them and if you would ask the Attorney General to make sure that she works with ya on it, because if we’re gonna do this, let’s make sure the money’s there to do it.”
“It’s a good point. Thank you, Representative.”
“Seeing no further questions, the question is, ‘Shall the House pass House Bill 4193?’ 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? McGuire. Granberg. Granberg. 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 Readings we have House Bill 4238, Representative Boland. Read the Bill, Mr. Clerk.”
“House Bill 4238, a Bill for an Act concerning animals. Third Reading of this House Bill.”
“The Gentleman from Rock Island, Representative Boland.”
“Thank you very much, Mr. Speaker. Despite the great strides that we’ve made in the last few years in trying to deal with dangerous dogs, we passed the Ryan Armstrong Act and Anna’s Law, but dangerous dogs of all breeds are still a… a very big public safety concern. And so what House Bill 09400097.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 4238 does is it… does several things. One, it makes it a Class IV felony if the owner of a dog knowingly allows it to run at large in violation of the Illinois Animal Control Act and the dog inflicts serious physical injury or death to a person. It exempts out police dogs. It exempts out legal hunting dogs and dogs that are supervised in a… in a dog park and it… it does amend the Unified Code of Corrections and allows the following factor to be accorded weight in favor of imposing a term of imprisonment by the court. And that is when the defendant commits any felony and the defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties and in furtherance of the criminal activities of an organized gang in which the defendant is engaged. This Bill is supported by a group called the Parents Against Irresponsible Dog Owners, led by Jeff Armstrong, the father of Ryan Armstrong. It is supported by the Illinois Chiefs of Police, Illinois State Police, Cook County State’s Attorneys Office, the American Society for the Prevention of Cruelty to Animals, the Humane Society of Central Illinois, and the Illinois Humane Society.”
“The Gentleman from Champaign, Representative Rose, for what reason do you rise?”
“Question of the Sponsor, Mr. Speaker.”
“He indicates he’ll yield.”
“Representative, I see in here and I think in your comments this is gonna be a Class IV felony if the dog runs at large and injures someone.” 09400097.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Yes.”
“Knowingly, I think, was the word you used, 'knowingly'.”
“Yes, 'knowingly', yes.”
“So, if I put my dog in a backyard which is fenced and he jumps the fence, like he did this morning, do I end up with a felony?”
“No. No.”
“Then why not?”
“It’s because you didn’t 'knowingly' let the dog run at loose.”
“Okay.”
“He did it…”
“Why…”
“…he did it… you had tried, you had made the effort to enclose and he had jumped over it. Ya know, that’s…”
“What… what…”
“…that wasn’t without… I mean, I…”
“Well, that’s… that’s…”
“You weren’t trying to do it.”
“Knowingly is a different legal standard then, I think, what you’re describing because… let me take my example…”
“Go ahead.”
“…which frankly, isn’t a hypothetical ‘cause my dog did jump the fence this morning. I go to the backyard to get him, he’s not there. Well, now, I know he’s in my backyard. In the 5 minutes it takes me to chase him down the street and retrieve him, let’s say he injured somebody, would I then be guilty of a felony, because I knew he wasn’t in my backyard?” 09400097.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Yeah. But you weren’t… you weren’t purposely letting him run loose at large.”
“Representative, I… respectfully, I would suggest that that’s not what your Bill says and the way that it could be interpreted by a court, I might end up being charged with a felony because I was chasing my dog down the street.”
“I don’t believe so. In all the… all the folks who talked to me about it, ya know, no one had indicated the intent, obviously, is not if the dog gets out on his own.”
“Let me ask you a separate question regarding proportionality. Domestic battery in the state is a Class A misdemeanor. So, if there’s a husband and wife that get into a spat and one injures the other, that… injures, okay, not seriously just injures. Serious injury gets kicked up to a felony. But if it’s just a slap, a smack, something that doesn’t really provide, ya know, a long-term injury, that’d be charged as a Class A misdemeanor for domestic battery. Does this Bill violate the proportionality clause because we’re allowing a loose dog that injures someone to be charged more stoner… to be charged more seriously than a domestic battery in the state?”
“Well, let me just read to you what the section says about serious physical injury and that is that it means a physic… it means a physical injury that creates a substantial…”
“Mr… Mr. Speaker, I can’t hear the Representative.”
“Okay, let me try again. All right. ‘Cause I had a hard time hearing yours, too. Let me… let me just read to ya the definition here in the Act of a serious physical 09400097.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 injury means that that creates a substantial risk of death or that causes death, serious disfigurement, protracted impairment of health, impairment of the function of any bodily organ or plastic surgery. So, there would be a difference between a dog that just bit somebody and, ya know, it didn’t cause any of that serious injury.”
“I… I… and I guess the underlying problem that I have and I appreciate your answer because that’s a very good answer. But I guess the underlying problem still is that in a Class A domestic battery you have intentional injury, I mean, somebody’s intentionally injuring someone that’s still being charged with a Class A. In this case you have what is most likely reckless or negligent conduct, not intentional conduct, and that’s being charged at a much higher level of offense. Representative, I… I can’t support your Bill at this time. I… I think the 'knowingly' issue is significant and I do think you have poor proportionality issue. I wish you the best in endeavor, but I… I… I can’t vote for this. And I would urge my colleagues not to vote for it either.”
Speaker Turner: “The Gentlemen from Cook, Representative Fritchey, for what reason do you rise?”
“Thank you, Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, just a quick follow-up on the previous speaker’s line of questioning. So, Representative Rose’s dog jumps the fence today, turns out tomorrow the dog jumps the fence again. The dog jumps the fence again the following day and at a certain point in time the person should know that the… whatever action they’re taking to 09400097.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 restrain that dog isn’t sufficient, isn’t working and is creating a potential risk. And I guess I like the idea of where you’re going, but do we get to a certain point where carelessness rises to negligence rises to a reasonable knowledge that they are putting people at risk?”
“Well, I’m not a lawyer, so I can’t really, ya know, answer how those steps go. But I would… I would think that if there was a multiple number of acts then that would show that the… the owner was definitely uncaring and negligent and knowingly of the problem.”
“And my… my colleague from the south suburbs just raised a good point that probably will become a question of fact for the jury to decide. But the Body should be aware that, ya know, simply having a fence… ya know, you could have a one-foot high fence, that doesn’t give you immunity from the… from this code of… standard of care. There’s no… there’s no breed specific language in here, is there?”
“No, there’s not…”
“Okay. Thank you, Representative.”
Speaker Turner: “The Gentleman from Jackson, Representative Bost, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Mike, I’m just needing to clarify a few things. Ya know, and… and before I go to the Bill, this is not breed specific…”
“Right.”
“…like we’ve heard about, correct?”
“Definitely not.” 09400097.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Does it do anything at all with the existing law in the State of Illinois that if a dog attacks… Ya see, I know this to be a fact that if a dog bites a child or bites someone, to put that dog down you have to… they have to attack three times. And I don’t know if everybody knows that or not and I hope they listen very closely to this.”
“Yes, a cert…”
“Does that change this?”
“This only changes it… Well, yes, it does actually change it. It does not say anything about the dog being put down…”
“Okay.”
“…which was in the original Animal Control Act, but it does make the owner responsible on the first attack.”
“And… and let me go on to the questioning similar to what Representative Rose used in that, I don’t wanna see somebody, because we have all… all of us that have animals that… and I, myself, have raised birddogs. I’ve… I’ve raised other animals. I… I don’t want to see someone being able to be charged when it truly wasn’t neglect and because, ya know, animals do… in certain areas… in certain areas around the state, if I’m on the farm, I’m gonna let the dog run. And… and how does that deal…”
“Okay. If I can answer that one, right, specifically. As long as it’s on your own property, your farm, it has no effect.”
“Well, yeah, but ya know, even if I’ve got a 40 acre farm and I’ve got a dog and maybe a few farms down there’s other 09400097.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 dogs and ya know, they wanna go visit. Now, all of a sudden, is the owner responsible in the rural areas…”
“No.”
“…or is there anything specific?”
“The… the owner, again, it has to be a knowing thing where they’re… you… you would know that your dog is running over into that other property, possibly causing damage to somebody.”
“Okay…”
“And of course, if… if nothin’ happens, if he just runs over has fun with the other dogs, ya know, there’s nothing there at all. It’s only if a human being is seriously bodily injured because of your dog off his property.”
“I… I’m almost… I know that… that everything we pass here has to be dealt with it by a case by case, but I’m… I’m afraid of what this language, the way it’s written, might do. I… I really don’t know what I’m going to do. But Mr. Speaker, to the Bill.”
“To the Bill.”
“If… if I could have everyone’s attention, I… I don’t know if you know… many people know this or not and… and I kind of… Each one of these Bills that we pass out of here quite often we’re dealing with somebody else's problems or somebody else's issues. Years ago, prior to being elected to this General Assembly back when I was a county board member, my daughter, who is now 24, had… so it was 20 years ago… was viciously attacked by a dog. I believe that there has been, unfortunately, very little legislation done to try to correct problems that occurred. When that occurred, I 09400097.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 went to the animal control person and I called him and I said, ‘what’s gonna happen to the dog?’ And he said, ‘Well, we quarantine ‘it for 10 days.’ And I said, ‘no, no, I wanna know What’s gonna happen to the dog.’ He said, ‘No, we quarantine it 10 days.’ And I said, ‘no, Lloyd, I’m asking you what is gonna happen to the dog?’ And the answer, to a father who had held his child while they put 24 stitches in her face, near the eye, four inside the eyelid, while she screamed, ‘Daddy, don’t let ‘em do any more.’… was, ‘No, I’m sorry, in the State of Illinois a dog has to bite three times before we put it down.’ Folks, that’s ridiculous. I won’t tell ya what I did and if ya wanna hear the personal story, I’ll tell ya but not on public record. If you wanna look up the record, there were some things that I handled but it was maybe… maybe as a father or as a mother you can understand…”
“One more minute.”
“…what the problem is. I don’t know whether this is gonna cure it and I didn’t… Ladies and Gentlemen, I don’t know if I’m gonna vote for this, because I think it’s… it’s awful vague. But I do know we do need to do something in this state to control vicious dogs and make somebody responsible if they did knowingly. But I… I… I tell ya, if the… the Representative will… will take this out, work on it a little bit more, I will be glad to work with him on this. But this is a very personal issue to me. Thank you.”
“The Gentleman from Rock Island, Representative Boland.” 09400097.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Yeah. Mr. Speaker, we’ll pull this. We’ll try to work out the problem with the 'knowingly'…”
Speaker Turner: “You say you’ll pull the Bill out of the record…”
“We’ll… we’ll pull it out for now and try to work on it.”
“…realizing that the debate we’ve already had will count towards the next time we bring it back up. The Gentleman asks that we remove the Bill from the record. On the Order of Third Readings page 10 of the Calendar, we have Representative Lindner on House Bill 4258. Read the Bill, Mr. Clerk.”
“House Bill 4258, a Bill for an Act concerning regulation. Third Reading of this House Bill.”
“The Lady from Kane, Representative Lindner.”
“Thank you, Mr. Speaker. This creates the Illinois Smart Energy Task Force to report to the General Assembly on the improvement of energy efficiency and access energy to options for underserved customers and other ideas concerned with energy. I’d ask for a favorable vote.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4258?’ 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? Currie. Hultgren. The Clerk shall take the record. On this question, there are 111 voting ‘aye’; 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared 09400097.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 passed. The Gentleman from Cook, Representative Joyce, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise on a point of personal privilege.”
“State your point.”
“Mr. Speaker, Ladies and Gentlemen of the House, I’d like to welcome to Springfield young men from St. Rita of Cascia High School in the City of Chicago, actually, from Representative Flowers’ district. She’d asked me to nur… introduce them and welcome them to Springfield. They’re down here lobbying today.”
Speaker Turner: “Welcome to Springfield, gentlemen. The Gentleman from Peoria, Representative Schock, for what reason do you rise?”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I would like to recognize St. Thomas Grade School here in Peoria who are down lobbying for Catholic School Day. Please welcome them to the General Assembly.”
“Welcome to Springfield. On the Order of Third Readings we have House Bill 4274, Representative Poe. Read the Bill, Mr. Clerk.”
“House Bill 4274, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill.”
“The Gentleman from Sangamon, Representative Poe.”
“Mr. Speaker and Ladies and Gentlemen of the House, this is a… House Bill 4274 is a Bill that would let UIS interns, that's worked for the state, to buy up to as much as 2 09400097.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 years. They will be paying the general… the interest rates, the prevailing, of about 6½ percent. And this is a Bill that’s no cost to the State of Illinois. Ask for a favorable vote.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4274?’ 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? Flowers. The Clerk shall take the record. On this question, there are 111 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Durkin on House Bill 4286. Read the Bill, Mr. Clerk.”
“House Bill 4286, a Bill for an Act concerning local government. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Durkin.”
“Thank you, Mr. Speaker. House Bill 4286 is an initiative of the DuPage County Forest Preserve. A few years back the Legislature disconnected the forest preserve from the DuPage County Board. There's a separate entity, it is a separate taxing authority. They employ approximately 350 people. It’s a very good forest preserve, but one thing that was not done at the time through the legislation was the separation of the salaries and how they’re set. So, this legislation is going to allow for the DuPage County Forest Preserve, like every other local government, to set 09400097.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 their salaries. As I said, this is supported by the DuPage County Board. And I would ask for your favorable vote.”
Speaker Turner: “The Gentleman from DuPage, Representative Jenisch, for what reason do you rise?”
“To the Bill.”
“To the Bill.”
“Just… question, really, to the Sponsor, just clarify… I was a forest preserve commissioner and a county board member when this split occurred in DuPage County and currently, the county board members basically set the salary for all the commissioners including the forest preserve president, correct?”
“That’s correct. That’s correct and they don’t wanna have that responsibility any more.”
“Right.”
“This is show…”
“And… and it should be in the responsibility of the person who is elected to that board to determine their appropriate pay, rather it be highered or lowered, remain the same. It should be… they should be responsible settin’ their own pay schedule, correct?”
“Yes. All the members of the DuPage County forest preserve were elected districtwide and like any other local government, they should have that same responsibility. Absolutely.”
“So, basically, it’s a great Bill. It makes them responsible for making decisions representing the people that elected them.” 09400097.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“This makes them accountable to the taxpayers to a greater… a greater extent.”
“Thank you. I support the Bill.”
“Seeing no further questions, the question is, ‘Shall the House pass House Bill 4286?’ 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? Is this your first Bill? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there's 70 voting ‘aye’; 39 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Durkin.”
“Speaker, you asked the question if whether or not this was my first Bill. Now, it’s a little bit confusing ‘cause I was a former Member. So, I would ask that the parliamentarian make a ruling of whether or not that is my first chair.”
“It passed.”
“Thank you. Appreciate your help.”
“The Gentleman from Cook, Representative Lyons, for what reason do you rise?” Lyons, J.: “Speaker, I rise for the point of personal privilege.”
“State your point.” Lyons, J.: “Ladies and Gentlemen, I know we have a lot of schools down here that we’d like to recognize, but there’s a very special one here today up in the gallery. My high school, where I graduated from, the fighting Shamrocks from 09400097.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 St. Patrick High School. Take a bow, gentlemen, under Joe Schmidt. Welcome to Springfield, St. Pat’s.”
“Welcome to St. Pat's to Springfield. The Lady from Cook, Representative Kelly, for what reason do you rise?”
“Thank you, Mr. Speaker. I would like to be recorded as a ‘yes’ on the last Bill.”
“The record will so reflect. The Gentleman from Jasper, Representative Reis, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise for a point of personal privilege.”
“State your point.”
“Ladies and Gentlemen of the House, I draw your attention to the gallery. Visiting us today, in the House of Representatives, from my alma mater is the Class 4A state runner-up 2005 Newton Eagles football team which became, last fall, the first team in the history of Jasper County to advance to the championship game of the IHSA tournament. Joining them with many of their coaches, superintendents, and assistant coaches, we’re glad to have you here. Please help me congratulate the Newton Eagles, the best public school in Class 4A football.”
“Welcome to Springfield, Newton. Page 10 of the Calendar, Third Readings, we have House Bill 4300. Representative Rose. Read the Bill, Mr. Clerk.”
“House Bill 4300, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“The Gentleman from Champaign, Representative Rose.” 09400097.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Thank you, Ladies and Gentlemen. This Bill comes unfortunately as the result of a tragedy in my district. Two high schoolers in Oakland, Illinois, were attempting to get high off of a substance known dextromethorphan. This is a commonly… common cough suppressant. One of them killed themselves, the other one ended up in a coma. A constituent of Representative Brady’s and Representative Leitch’s, out of Peoria is going to school at Illinois State University, also killed himself by using dextromethorphan in a manor that wasn’t what was packaged and dosed in the over-the- counter medicine. I wanna be clear that this legislation does not target over-the-counter cough and cold remedies. What we’re targeting, essentially, is the pure form DXM that’s being sold over the Internet. In the case of the two young men from my district, one… the one that died and the one that ended up in a coma, they bought pure form DXM off eBay, off of eBay and it killed them. Our Bill would regulate solid powder, thin film gel tablet, liquid capsule, gel form dextromethorphan when it’s not, and this is the key, when it’s not packaged, dosed, and sold and weighed in accordance with FDA regulations. So, if someone were to… a common citizen were to walk in off the street and buy Coricidin-D, buy one of these products, no problem. If they’re buying pure form DXM off the Internet, there’s a problem. If they take the over-the-counter package and then use it in a manner that’s not what it’s been dosed for in accordance with the FDA, then they would have a problem through the possession aspect of this. This’ll provide a penalty for possession of Class IV and at the request of the 09400097.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Cook County State’s Attorneys Office, we made sale and intent to deliver dextromethorphan, in violation of this Act, a Class II. And obviously, if you have a valid prescription from a… from a physician, this doesn’t apply at all. I would simply ask that this Body pass this important legislation. It’s too late, unfortunately, for my constituents, but I think it’s very important that we pass this to help prevent tragedies like what happened in my area, Representative Brady’s area, Representative Leitch’s area in the future. Thank you, Mr. Speaker.”
“The Lady from Kane, Representative Lindner, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he will.”
“Does this mean that there are going to be other, ya know, cough medicines, et cetera, having to be sold behind the counter and having to be on…”
“No, Representative. This does not change any behind the counter status. We're not changing any status, in fact, if it’s approved by the U.S. FDA, it’ll still be sold the same way it’s sold, if it’s approved by the U.S. FDA in the… in the dosages and concentrations. All we’re saying, is that the pure form DXM, which is what’s killing people coming in off the Internet, is what we’re targeting and also, additionally, if someone were to purchase mass quantities and possess it in a manner and dosages that aren’t in accordance with the FDA, then they could be charged with a possession element.” 09400097.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“And originally, IRMA was against this, they are not. Is that correct now?”
“No, we worked with IRMA at every step and they are now neutral, and actually, I think they’re supportive of the Bill. But they’re at least neutral because we’ve done… we’ve worked with them at every step.”
“Thank you. Good Bill.”
Speaker Turner: “The Gentleman from McHenry, Representative Franks, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he will.”
“Representative, I… I know what you’re trying to do here and I’m lookin’ at our analysis and I’m not sure your Bill would do what you want it to do, and I wanted to ask you. It’s not gonna change at all how over-the-counter medicine containing this product is sold, correct?”
“That’s correct because what… the problem we’re having is the pure form DXM coming off the Internet.”
“Did… And our analysis indicates that one of the… one of the young people overdosed on the stuff that they had purchased over-the-counter. Is that correct?”
“Not… not to my knowledge. It… my… my instance was bought off of eBay, pure form DXM. Here’s the… let me just… this isn’t gonna be a polite or scientific way of responding to your question.”
“It’s okay.”
“But if you take the over-the-counter DXM cough syrup, you’re gonna become nauseous and expel it long before you 09400097.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 ever get to the point of killing yourself. It’s very unscientific…”
“Okay.”
“…but frankly, that’s what I’ve been told.”
“Okay.”
“Now, the pure form, though, what it does to you, it takes the temperature regulators in your brain that control you at 98.6 and then they herd ‘em, they send ya spikes up, they send ya spikes down and what ends up usually happening is it boils your brain alive.”
“So, now you’ll require a prescription for anyone to purchase this?”
“No, not at all. This… no. This is, in fact, the… no, absolutely not, Representative. This’ll be over- the-counter just like anything you have available now. If you want to get pure form DXM, which by the way, I’m told there’s not really a medicinal purpose or use, but if you wanted to get that, you would have to have a prescription. But the over-the-counter products which is what… you go to the doctor, you say, ‘I’ve got a cough.’ They’ll say, ‘Well, ya know, go buy Triaminic or Coricidin or whatever.’ That’s not affected at all.”
“Okay. Thank you for clarifying that.”
“Thank you, Representative.”
Speaker Turner: “The Gentleman from McLean, Representative Brady, for what reason do you rise?”
“To the Bill, Mr. Speaker.”
“To the Bill.” 09400097.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Ladies and Gentlemen of the House, we have a number of young people that are in the gallery today. In my county, a young man, over the Internet, got DXM in its pure form, ended up overdosing on DXM and the reality of what we’re trying to do with this legislation is to put some teeth behind those who will stockpile and purchase this drug over the Internet and try and purch… sell it to young people. It’s a drug that has already claimed several lives across the State of Illinois in an experimental drug that can be taken over the Internet. I wanna thank Representative Rose for allowing me to work with him on this Bill. And I would certainly ask that you give it due consideration in an ‘aye’ vote. Thank you.”
“Seeing no further questions, the question is, ‘Shall the House pass House Bill 4300?’ 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’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Representative Flowers, we have House Bill 4306. Read the Bill, Mr. Clerk.”
“House Bill 4306, a Bill for an Act concerning public health. Third Reading of this House Bill.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I thank you for bringing… allowing me to bring this Bill before you. It’s regarding newborns with HIV infection. Newborns… HIV infections is a disease that 09400097.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 affects all segment of our society, but disproportionately affects women of color, particularly African-American women of child-bearing age. Since 1994, we have known that… there’s a possibility to prevent mothers from contacting the HIV with their newborn in regards to the transmission through testing and treatment prior to delivery. Today, it is possible to prevent at least one-third of newborns from acquiring HIV from their mothers, even if the mother has never had any type of prenatal care or HIV therapy prior to delivery. This can be accomplished if the newborn is tested as soon as possible after delivery and given a therapeutic drug for about six weeks. House Bill 4306 provide babies with a safety net to lower the likelihood that any newborn will go unidentified for HIV infection and to insure immediate and uninterrupted access to this life-saving care for these newborns who are found to be HIV exposed. This Bill has been amended to strengthen the HIV counseling, the recommendation, reporting, and volunteer testing provisions regarding pregnant mothers. House Bill 4306 is also supported by Children’s Memorial Hospital, the Illinois Chapter of American… Academy of Pedi… Pediatrics, the Illinois Department of Public Health, the Illinois… Illinois Hospital Association, the Illinois State Medical Society, the Illinois Chapter of American Academics, La Rabida Hospital, Northwestern Hospital, Rush University Medical Center, the National Congress of Black Women. And I’ll be more than happy to answer any questions you have in regards to House Bill 4306. Thank you.” 09400097.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“The Lady from Cook, Representative Howard, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative Flowers, as you know, initially, I was opposed to this legislation because I… I really do not condone mandatory testing. However, I understand that there were a number of discussions, that we’ve gotten as close as we can to making certain that everything is being done so that mothers will continue to have the… the ability to make the kinds of decisions that they need to make. I commend you for that. I am, therefore, now in support of the Bill. Thank you.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative, just… can you help me with this. This Bill will require babies to be tested for HIV even… even if the mother does not want the baby to be tested?”
“If their status is not known, if the status of the mother is not known, the baby shall be tested.”
“So, they have no choice.”
“But there is exemption for religious purposes.”
“So, you will draw blood? You’ll draw blood. Is that how you test…. HIV test?”
“I’m sorry?”
“Will they draw the blood of the baby to make the HIV test?” 09400097.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Yes, Representative, they do that now for a variety of tests.”
“Yes. But, again, the mother has no choice if she is… refused to have a blood test or testing for HIV, then you must test the baby?”
“In… in absence of knowing the status of the mother, you shall test the baby.”
“So, the answer is ‘yes’?”
“There is an exemption for religious reasons.”
“What if the mother simply says is that’s a religious conviction of mine and I don’t want the baby tested?”
“We will respect that, that will be honored.”
“Then why do the Bill? Every mother then can say, ‘I don’t want the baby tested.’”
“Well, the reason why it’s in the Bill, Representative, because some mothers may not say. They may say, ‘Well, long as you test my baby is fine as long as I don’t have to be tested.’ So, some mothers will like to save the lives of their children, so as a result, the baby shall be tested like they’re tested for mandatory testing for other types of infections in regards to newborns.”
“What other tests are mandated? Is there…”
“PKU, tuberculosis… well, not necessarily tuberculosis, but there’s other types of tests.”
“Okay. What happens… was it in committee…”
“Sexually… other sexually transmitted diseases are also mandated testing as well as reporting.”
“Why don’t you just test the mother and that solves it?” 09400097.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Well, ya know, this Bill is not about testing the mothers. This Bill is about saving the babies because there is some type of a… it’s about counseling the mothers, the mothers can have counseling, but this is about saving the babies’ lives because there is medication out there. If caught in a timely fashion, the infant does not have to live with the HIV virus and eventually probably die from it.”
“But again, you’ll know, by testing the mother, whether the baby is HIV. I mean, the baby cannot be HIV if the mother’s not, right?”
“This is for the cases, Representative, where it’s not known… mother’s status is not known. Let’s say, for instance, a mother did not go for prenatal care in the beginning. So, therefore, the doctors would not have any information on her and the status of the child. And so, as a result, it’s not known. But soon afterwards, again, in the absence of knowing the status of the mother, the baby shall be tested. But there will be the counseling and the mother will be given the benefit of knowing why it would be in her best interests to be tested and counseled.”
“Well, how do you answer the question that was brought up in committee that this may bring about domestic violence, that the husband all of a sudden finds out that the wife is HIV and the baby therefore is HIV. How do you handle that question?”
“Ya know, Representative, this Bill has the AIDS confidentiality, whatever the existing law is, so if that get out, I… ya know, that will be between the mother…” 09400097.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Ya mean, a father could not know if the baby is ruled HIV positive?”
“Remember, we’re talkin’ about the mother and the confidentiality of the mother as well as the baby. So right now, will a father know if his wife is or isn’t if he go for a test or she goes for a test? What if… whatever the rule is today will be for this mother as well as this child.”
“Okay. Representative, I think the Bill certainly does bring about some questions and thank you.”
“The Lady from DuPage, Representative Bellock, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“She indicates she will.”
“I just wanted to ask Representative Flowers, if Children’s Memorial, I’m sorry, Northwestern Hospital, which in committee had spoken against it, this Bill, a couple of times, if they have removed all opposition?”
“I don’t think… let me just… See, Representative, let me just say, there's an organization from Northwestern and then there’s the doctors from Northwestern. So, we had testimony from the doctors and we had testimonies from the organization. And as a result, I just want to say to you, that according to the information that I have here in front of me that was sent, Northwestern Hospital… Northwestern Memorial Hospital is down as a supporter for House Bill 4306.”
“Okay. Thank you very much. I wanna thank Representative Flowers. We had a lot of discussion about 09400097.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 this in the Human Service Committee ‘cause this is such a huge issue and lot of us had concerns about mandatory testing, which Representative Parke just brought up. But as long as the hospitals are okay with it now and everybody else has come onboard, I wanna thank you for working with everybody so much to make it a Bill that there still are a few concerns on, but I’m going to support it. And I appreciate the work that you are doing for the children.”
“Thank you, Representative.”
“Thank you.”
“The Lady from Cook, Representative Coulson, for what reason do you rise?”
“Thank… thank you, Mr. Speaker. And Representative Flowers, I’d like to just make sure that there’s some clarity on the floor and if I could ask you a few questions. Would the Lady yield? Does this Bill mandate testing at all for pregnant women?”
“No. There’s not mandated testing for pregnant women.”
“And basically, is this Bill essential because the 2003 law gives the mother the right to refuse testing for their newborns and too many babies are going untested as a result?”
“As a result of that. You’re absolutely…”
“Right. Okay.”
“…Representative, but the mothers can be counseled, but again, it’s not mandated testing. And this Bill is basically about saving the newborn babies.”
“To the Bill, Mr. Speaker.”
“To the Bill.” 09400097.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“I would encourage your support. The Sponsor has worked very hard to make sure, with six Amendments, to make sure that we’ve tried to address all of the concerns by health care providers and the State of Illinois. I do know there is still opposition or actually a neutral stance by the AIDS Foundation. I think the most important thing and the comment that I’d like to make is having been in South Africa and seeing babies dying from AIDS, we don’t want that to happen in this country and we need to know as early as possible when… when we treat a baby and we know they have HIV, we can actually help them. If we know later, they will probably die of AIDS. And that’s the point of this Bill. And I would hope you would support it. Thank you.”
Speaker Turner: “The Gentleman from Cook, Representative Delgado, for what reason do you rise?”
“Thank you, Mr. Speaker. To the Bill.”
“To the Bill.”
“I, too, share the concerns that we do everything we can to protect the rights and confidentiality of pregnant women and encourage HIV testing in a volunteer capacity during pregnancy. And I’m satisfied that Amendment #6 to House Bill 4306, in fact, does just that. As a matter of fact since 1994, Members, when science first demonstrated that mothers through a newborn HIV transmission could be ven… could be prevented prior to birth, more than 260 babies have been born in Illinois with HIV infection, thousands nationally. For me, right now, there have been estimates that we know of that six babies were missed last year because 2,830 mothers refused to have their newborns tested. 09400097.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Six babies might not sound like a lot, but when you consider that these babies will become children who will take 12 pills twice a day for life, fail to grow and develop normally, face frequent illnesses and emotional challenges that significantly shorten their lifespan, I don’t believe that any Mem… any number is too small. So, keeping that in mind, I would ask for all ‘green’ lights on House Bill 4306.”
“The Gentleman from Cook, Representative Miller, for what reason do you rise?”
“Will the Sponsor yield?”
“Indicates she will.”
“Representative, I wanna commend you on all the hard work you’ve done in trying to address this very important issue. You had mentioned that… that this is not a… a mandatory testing on the mother. Is that… that’s correct?”
“You’re absolutely correct, Representative.”
“Okay. A question from one of my seatmate was in regards to what if the person, the mother, has test… was tested for HIV over a year ago, is that… and tested negative then, is that applicable for the child to be tested?”
“Well, Representative, no and once again, because the mother was not pregnant at the time. So, as a result, the status of the mother’s… well, the status of the mother is still not known from the time of her pregnancy and based on medical standards it's really better for the mother to be tested twice because women still have sex during the course of their pregnancy. And so the best time really is at the 09400097.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 end of the… of the delivery… right before the delivery to surely know emphatically what is the status of the mother.”
“Thank you. To the Bill, Mr. Speaker.”
“To the Bill.”
“Ladies and Gentlemen, this is a very important measure I think we all need to discuss. Earlier speakers had talked about additional newborn screenings. In my hand today, I have a packet of Equal. A packet of Equal contains aspartame which is a product that deals with… with who… with adults and children who are PKU, phenylketonuria disease, which is a mental… a metabolic disorder, cannot take aspartame. This is something that you can look on the back of this packet right now. The reason this is discovered is because of early screenings. So, if my child was… it was found to be E… PKU and I had a cup of coffee on this, naturally, we would wanna prevent that, but also he couldn’t take it. So, this is not something new in terms of… of trying to screen early children. A treatment methodology of PKU is early diet and early treatment of it because if not, then it will cause mental retardation. And this is something that this spirit of this legislation emphasizes. As a health care provider, all we talk about is early prevention and how prevention measures and early detection do have an impact on the quality of life in those who with any particular disease. This legislation smacks dead center on this. As a dentist, I’ve treated a child who was 3 years old and HIV positive. And as a health care provider, it… it just burns my heart to find out that this… that this child is gonna have a certain… had a certain fatality. If we are 09400097.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 able to prevent this, I think the State of Illinois owes it to the children of Illinois and to all of us in society to do any measure possible, whether it’s one child, ten child, a hundred children for the future generations to insure a prosmis… a prosperous in since… prosperity. I would urge an ‘aye’ vote on House Bill 4306.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. To the Bill.”
“To the Bill.”
“Most people know that I have not been for mandatory testing, but my understanding is the AIDS Foundation is now neutral on this Bill and the fiscal note that was requested has shown that this Bill will require no additional funding from the Illinois Department of Public Health budget. Newborn HIV testing costs just $10 per test plus $75 for preventive treatment if found… if the child is found to be HIV-infected. Compared to $10 thousand each year to care for an HIV-positive baby, this equates to at least a two million lifesavings for every 10 children prevented from HIV infection as new medications are extending the lives of HIV infected babies into adulthood. Of course, this is a good thing, but what we really want is to catch it early and prevent it. And so, that’s why I’m a… Sponsor of this Bill and why I’m supporting it. And I would urge an ‘aye’ vote.”
“The Gentleman from Cook, Representative Dunkin, for what reason do you rise? You don’t. Seeing no further questions, the question is, ‘Shall the House pass House Bill 4306?’ All those in favor should vote ‘aye’; all those 09400097.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 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 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Montgomery, Representative Hannig, for what reason do you rise?”
“Yes. Thank you, Mr. Speaker. On a point of personal privilege, I’d like to announce that the sixth grade class from Taylorville St Mary’s Catholic School is here with us today in the gallery. And I’d like to welcome them. Thank you.”
“We wanna welcome them to Springfield. We’re on page 10 of the Calendar. The next Bill will be House Bill 4310, Representative Kosel. Read the Bill, Mr. Clerk.”
“House Bill 4310, a Bill for an Act concerning education. Third Reading of this House Bill.”
“The Lady from Will, Representative Kosel.”
“Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. This Bill would propose a oath of office for school board members. Currently, there is no requirement in State Law for school board members to have any kind of oath of office and would suggest a form for that oath. It also deals with some clarifications of what school board members duties are in relationship to the superintendent. And I would ask for your approval.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4310?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now 09400097.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 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’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Reading, we have Representative Tyron… Tryon on House Bill 4314. Read the Bill, Mr. Clerk.”
“House Bill 4314, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from McHenry, Representative Tryon.”
“Thank you, Mr. Speaker. I’d like to ask to have this House Bill moved back to Second Reading for purposes of an Amendment.”
“The Gentleman asks leave to bring the Bill back to Second Reading for purposes of an Amendment. Leave is granted. On the Order of Third Reading, we have Representative Kosel on House Bill 4333. Read the Bill, Mr. Speaker… I mean, Mr. Clerk.”
“House Bill 4333, a Bill for an Act concerning regulation. Third Reading of this House Bill.”
“Mr. Speaker, I would ask that this be moved back to Second to …for offer the purposes of an Amendment.”
“The Lady asks leave to bring the Bill back to Second. Leave is granted. The Bill will be placed on Second Reading. Representative Collins on House Bill 4339. The Lady asks leave to bring that Bill back to Second Reading. And leave is granted. The Bill'll be placed on Second Reading. Representative Holbrook on… I’m sorry. 09400097.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 The Gentleman from Fulton, Representative Smith, for what reason do you rise?”
“A point of personal privilege, Mr. Speaker.”
“State your point.”
“I’d like to ask the Body to join me in welcoming members of the Pekin Area Chamber of Commerce Leadership Academy who are with us today up in the gallery.”
“Welcome to Springfield, Pekin. Representative Holbrook on House Bill 4362. Read the Bill, Mr. Clerk.”
“House Bill 4362, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“The Gentleman from St. Clair, Representative Holbrook.”
“Thank you, Speaker. Today we have House Bill 4362 which allows for automated sales of property taxes. Currently, there are 15 counties participating in this. There’s over 327 buyers that have attended and use this system and there have been over 15,631 parcels sold with over $30 million worth of taxes collected. This system would allow for a fairer system. It’s permissive. The Treasurer’s Association in the county is unanimously for this and most tax buyers are in favor of it. There are a few that have hedged on it ‘cause I… it’s more, I think, because they don’t like technology. Be glad to take any questions.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4362?’ 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? 09400097.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting ‘aye’… 112 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Holbrook, the Gentleman… Out of the record. Representative Black on House Bill 4365. Read the Bill, Mr. Clerk.”
“House Bill 4365, a Bill for an Act concerning education. Third Reading of this House Bill.”
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This is a concept that you have been kind enough to work with me on for the last 10 years. All this Bill does is to give a cooperative high school, if the voters approve it in their districts, the right to be considered for certain incentives that would be, now, only given to a consolidated school district. It passed from committee unanimously, it doesn’t put us ahead of line to anyone. It’s being very proactive and quite frankly, answers one of the Governor’s statements earlier that we need to do everything we can to encourage schools to combine or consolidate. And this cooperative high school method is one that is gaining wide acceptance, particularly in rural Illinois. I would ask for a favorable vote. I’d be more than happy to answer any questions.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4365?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now 09400097.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bradley. The Clerk shall take the record. On this question, there are 107 voting ‘aye’, 5 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Brauer on House Bill 4370. Out of the record. The Gentleman from Williamson, Representative Bradley, for what reason do you rise?” Bradley, J.: “Not only was I slow, but I meant to be ‘yes’ on that. Can you have the record so reflect? It should have been ‘green’.”
“The record will so reflect that he was slow and ‘yes’. On the Order of Third Readings, Representative Wait, we have House Bill 4396. Out of the record. Representative Wait on House Bill 4397. Read the Bill, Mr. Clerk.”
“House Bill 4397, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“The Gentleman from Boone, Representative Wait.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Yes. House Bill 4397 creates the National Guard and Reservists homebuyers assistant grant program. As we know, these National Guard and Reservists are no longer weekend warriors, they’re truly in harm’s way. And this would kind of bring ‘em up to parity with the regular armed forces. Be happy to answer any questions. Ask for your favorable vote.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4397?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now 09400097.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 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’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Wait on House Bill 4398. Out of the record. Representative Howard, Connie Howard, on House Bill 4456. Read the Bill.”
“House Bill 4456, a Bill for an Act concerning…”
“Out of the record. Representative John Bradley on House Bill 4529. Read the Bill, Mr. Clerk.”
“House Bill 4529, a Bill for an Act concerning safety. Third Reading of this House Bill.”
“The Gentleman from Williamson, Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker, Members of the House. This is a Bill which essentially gives the State of Illinois an incentive to get FOID cards processed in the time in which they’re supposed to do that. FOID cards are supposed to be processed within 30 days. Unfortunately, some situations have come about where people are not getting their cards for 80 or 90 days. And what that means is, is when you don’t get your FOID card, the State of Illinois then makes you a felon. And this would create a civil penalty for the… for the state that it… State Police or the organization that’s processing those FOID cards for every day that they go beyond the 30 days they’re required by law to do. This obviously recognizes the FOID card and says if 09400097.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 we’re gonna do this, hey, let’s at least do this right. I’d ask for an ‘aye’ vote.”
“The Lady from Cook, Representative Graham, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Just a… just a quick question.” Bradley, J.: “Sure.”
“Is this… this is not speeding up the process in attaining a card?” Bradley, J.: “Well… well, hopefully it does because it…”
“I meant to say outside of the norm of whatever the regulations are currently set.” Bradley, J.: “Yeah, yeah. No, this is not making any shorter period. It’s simply saying, we’ve already said this is what should happen and it’s not happening.”
“Okay.” Bradley, J.: “People are trying to abide by the law and not being able to.”
“Okay. I just wanted to ask the question. Thank you.”
Speaker Turner: “The Gentleman from Cook, Representative Osterman, for what reason do you rise?”
“Thank you, Mr. Sponsor… Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“A few quick questions, Representative.” Bradley, J.: “Sure.”
“Ultimately, who’s gonna pay for the penalty if the State Police can’t do this in the time frame allotted?” 09400097.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Bradley, J.: “Well, I guess, hypothetically speaking, it would be the state. Hopefully, that doesn’t come about. Hopefully, the job gets done as it should and there’s no penalties.”
“Okay. I would agree with what your comments were earlier about it’s important that the FOID card is processed in a timely manner and everybody on this floor should have a vested interest in making sure that this process works the right way. Some people are concerned to make sure they can get their FOID card and go hunting right away, other people are concerned because the FOID card is an important tool for law enforcement to make sure that those people tryin’ to access firearms go through the background check. And as you know, the background check stopped over a thousand people a year that shouldn’t have guns from buying then. A suggestion and this is a point on that… is my question about who pays is that ultimately who’s gonna pay is the taxpayers.” Bradley, J.: “Well, yeah…”
“Because if the State Police is fined, that’s gonna trickle down and ya know, the taxpayers are gonna pay for that. A suggestion I’m gonna throw to you and… and before everyone gets up and gives their speech about the price of a FOID card, which I don’t know that we wanna have today, the FOID card hasn’t been raised since you and I were probably born. It’s kind of like a… a truth in birth, ya know, Bill. It’s been there for… for 38 years. If we look at paying a little bit more for the FOID card… ‘cause right now the State Police supplements in their annual budget 09400097.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 administering the FOID card program. And being reasonable it… we make look to increase what the FOID card is a small amount. It’s $5 for 5 years, if I’m not mistaken. And as we move forward, we may wanna look at tryin’ to increase the revenue a little bit and have that pay for State Police and their staff and maybe we can designate that if there is any increases it would go strictly to staff, the FOID card section, to administer this. That might be a different avenue to pursue instead of going the route you’re choosing.” Bradley, J.: “Well, obviously, that’s a different Bill and I think that this… this Bill gives a pretty strong incentive for us to do it right and that’s what I’m really concerned about right now. The ox is in the ditch, let’s get the ox out of the ditch.”
“So, I would take it that you don’t wanna sponsor that other Bill?” Bradley, J.: “I’m not gonna sponsor another Bill, but there might be somebody here. And we can ask around.”
“Okay. Well, again, I would… I’m concerned that… I wanna make sure that the FOID cards are processed quickly. I think State Police annually, people may not know this, supplement the administration of that process out of their annual budget, it could be going for other things. And I think that we should try to have an open discussion about trying to fund that a little bit differently in the future.” Bradley, J.: “Ya know what, that’s the nicest you and I have ever been on a gun Bill debate.” 09400097.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?”
“Sponsor yield, Mr. Speaker?”
“Indicates he will.”
“Representative Bradley, on… on my analysis I see that the Illinois State Police, the Illinois Sheriffs' Association and the Cook County State’s Attorney remain opposed to this. Is that correct?” Bradley, J.: “Ya know, I don’t know. I know that the State Police and the Sheriffs and the prosecutors in my area are for it.”
“They are?” Bradley, J.: “Yeah, I’m sure they are.”
“A concern I have is… is I think you know. You and I philosophically do not differ at all when it comes to the Second Amendment. And the struggle I have here is when a law enforcement agency, the one charged with processing these, is opposed to it, already a very overtaxed agency, expresses concern, it… it gives me concern. Is there any work out that is still possible or…” Bradley, J.: “I… I don’t think that anybody is going to be affectionate about more work having to be done and obviously, this is gonna cause more work. And so, I… I respect your position as I do the other folks that have spoken, but I hope you understand that I think there is such a deep concern about the state not processing these cards and people that have guns that are trying to abide by the law not being able to and thereby, being made felons. Regardless of what agency or agencies may or may not be for 09400097.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 or against this Bill, I think this is common sense and we, as a Legislature, need to create and provide an incentive to get these things done in a timely manner. And if that takes some more work, I’m sorry, but we… we… Jim, we’re making people into felons.”
“I understand, but is it fair to say that there is a mechanism in place currently? If a… if a person does not receive their FOID card in the timely manner…” Bradley, J.: “No.”
“…what is the procedure right now?” Bradley, J.: “Well…”
“What… what…” Bradley, J.: “I don’t think there’s any mechanism and so, obviously, rather than try to create something where we’re gonna have extra forms or other things, let’s just get ‘em processed and done in time.”
“Well, I… I would take issue…” Bradley, J.: “I’m trying to make it as least complicated as possible.”
“…with ya, Sir. I believe there is a mechanism where they can appeal to the director of the State Police.” Bradley, J.: “Yeah. And… and…”
“And again, I… I don’t know how cumbersome…” Bradley, J.: “Yes.”
“…the system is.” Bradley, J.: “Well and… and you’re still in a situation where, ya know, you’ve gotta gun, you’re goin’ huntin’, ya wanna go huntin’. Ya know, you’re not gonna be able to explain that to a game warden or to someone who’s out there doin’ their 09400097.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 job in the field. And say, ‘Hey, I’m on appeal on this.’ ‘Well, you don’t have a FOID card.’ I mean…”
“Yeah.” Bradley, J.: “Jim, I just think the easiest way to do this… Representative, I’m sorry…”
“No, that…” Bradley, J.: “…I don’t mean to be informal.”
“Jim is much better. I’m good with that.” Bradley, J.: “I just think the easiest way to fix this is to make sure that we do what we’re supposed to do anyway and this is a heck of an incentive to do that.”
“Well, you… you’ve made a very good argument in that it provides an incentive for the State Police, but the State Police is very much encumbered with lack of funding and I… I guess, if this Bill passes and if the Governor signs it into law, it will force them to somehow come up with the adequate funding…” Bradley, J.: “I hope…”
“…to do it and…” Bradley, J.: “I… I hope so and I hope that we assist them in whatever way we can to make sure that gets done.”
“Well, I… I’m sure you can appreciate my quandary.” Bradley, J.: “Sure.”
“I support both agencies here. Wanna support your Bill, but I’m struggling and thank you for your answers, I appreciate it.” Bradley, J.: “No, I… I appreciate your candor.”
Speaker Turner: “The Gentleman from McHenry, Representative Franks, for what reason do you rise?” 09400097.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Thank you, Mr. Speaker. I’d like to speak in support of the Bill. And I appreciate the comments of the previous speaker who I respect very much and I know he’s struggling with how he’s gonna vote and I know other people probably are as well. And I’ve spoken with Representative Bradley about this Bill and really it’s pretty simple. We’re requiring the state to do what they are required to do right now, but they’re not doing it. As a result of the state not doing what it’s obligated to do, it’s making felons of our honest citizens who have done nothing wrong and it’s putting an undue burden on them. Whether you support guns or not, you should support that the state should do what they’re required to do. And one of the other speakers had talked about possibly raising the fee, the problem with that argument is we have no guarantee that any fees going into a certain fund will stay there with this Governor. And he has shown that he’s willing to take funds from other areas to fill what he thinks is necessary and I would submit that this is necessary for all the sportsmen in Illinois and also just to follow the law. So, I would ask you to think of what’s fair here, to think about the people who are following the rules, but for no fault of their own, could be… could be convicted of a felony. We need to fix this. It’s the right thing to do. And I’d ask everyone to vote ‘aye’.”
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” 09400097.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Indicates he will.”
“Representative, I… join with Representative Sacia. I’m in somewhat of a quandary on this Bill. I… I think the fact that you filed the Bill has moved the Governor to announce in his budget message that he was going to hire more people immediately to get the backlog of FOID cards out. I have to tell ya, honestly, and I’ve been around here a long time, I have always found that the State Police are very helpful when my office calls and we need an expedited FOID card or… and they’re pretty good at trying to do that. They don’t always get it done within 30 days. But I think, as Representative Osterman pointed out earlier, this is kind of a double whammy. The not less than a hundred dollars a day nor more than five hundred dollars a day, that could be imposed if you don’t meet the 30-day requirement, comes out of general tax dollars. There isn’t any special fund that’s going to refund this money. Ya know, it’s… we’re taking money from the taxpayers, not always doing… being good stewards of their money, and then we fine an agency of State Government and pay the constituent back with his or her own money. And in the meantime, the State Police simply, since it will come out of their budget, I would guess, would end up having more financial problems than they do now. I’d like to think that the hiring of the additional people will clear up the backlog. I don’t think that there’s any grand plan to delay unnecessarily the issuance of a FOID card. I know I had to renew mine in November and I… I think from the day I sent it in, in a personal envelope not a General Assembly envelope, it was back to me in about 15, 16 working 09400097.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 days. My fear is, Representative, this is one of those Bills that I think exists to get a Roll Call. And if you vote for a Roll… if you vote for the Bill, you’re gonna be on good terms with… with the… those who support hunters' rights and gun owners' rights and I count myself as being in that… in that group. And if you vote against the Bill, you’re gonna be put in that category is that you’re against all Second Amendment rights and I’m not and my record will reflect that. But I’m really in a quandary whether it makes any sense to fine an agency of State Government a substantial amount of money for failure to meet a 30-day period. If we’re gonna do that, why don’t we do it to our Medicaid department who doesn’t pay vendors for 60, 90, 120 days.” Bradley, J.: “Rep… Repre…”
“Ya know, there’s supposed to be an interest rate, but I’ve never seen anybody get it.” Bradley, J.: “Representative, in response to your concerns of which I am appreciative, I can tell you and perhaps this gives you assurances that the only agenda on this is the fact that I’ve got constituents and I’ve got gun owners throughout the state that came to me and asked me to try to address this problem. And that’s all this Bill is trying to do. And as you said, the fact that there’s been some encouraging moves, I think the way we continue to have encouraging moves on this is to keep this Bill movin’. And so, I would ask for an ‘aye’ vote. And I don’t anticipate that these fines are gonna come about because as you say, this is such a strong incentive for the state to do what 09400097.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 we’re supposed to do and not create felons out of law- abiding gun owners that this, hopefully, will get everybody off the dime and get this problem fixed. But in order to do that, in order for that to continue, we gotta get it out of the House, we gotta send it to the Senate and we gotta keep this thing movin’. And that’s all I’m trying to do.”
“All right. And I appreciate that explanation. I… think it’s rather obvious, I don’t think the Governor’s gonna sign this Bill should it get to his desk. You don’t have any…” Bradley, J.: “I… have no idea.”
“Well, he isn't gonna come back to your district to say anything about you now, is he?” Bradley, J.: “What’s that, no. Not… not recently.”
“All right. I… appreciate your explanation. Mr. Speaker and Ladies and Gentlemen of the House, to the Bill. I, really, for the first time in the 20 years that I’ve been here, I generally support the NRA and Second Amendment positions, but I’m gonna sit down and think very carefully about this Bill. I… just have a problem in fining a unit of State Government and making that fine come out of tax money that we so desperately need within the Department of State Police. I understand what the Gentleman is going through. We’ve all had those constituent problems, but I’ve always found the State Police willing to work with us and expedite a FOID application if we really need it. I… Representative, in all due… in all honesty, I don’t know how I’m gonna vote. This Bill is… is a lot more complicated than it would seem on the surface, but I do appreciate your explanation about why you’re bringing it forward.” 09400097.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
Speaker Turner: “The Gentleman from Jackson, Representative Bost, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise in support of the Bill. Ladies and Gentlemen, I… I don’t necessarily disagree with the former speaker that there’s a lot to this Bill and there could be from that aspect, but the reality is, is that last year I carried this Bill, then made a choice not to carry through and… and bring it to the floor and the reason I did was is I was promised by the State Police that this would quit happening. That we would get this problem cured, that the… they were going to straighten it out because we, as a General Assembly, have required someone to have a FOID card before they can purchase ammunition, before they own a gun, for all of those reasons that whether you’re a proponent of… of the Second Amendment or whether you’re opposed to that… gun owners or wherever you’re at on this issue. The reality is, the General Assembly years ago put in place a FOID card system. Then it is the responsibility of our agents, this case the State Police, to make sure that those applications by honest, law-abiding citizens wanting to do what is correct, are processed quickly so that they are not in violation of the law. They came to me last year, they made a promise that this would stop, that they would work hard to get this done. This… the Gentleman carrying this Bill is simply doing the same thing I tried to do last year to get their attention and say, get it done and get it done on time. They haven’t been. I support the Gentleman’s Bill. I support the idea that our agents, in this case the State Police, should be responsible to the public to make sure 09400097.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 that they are not put in violation of the law by our inability to get the job done. I ask for you to vote for this man’s… for this Bill and I commend the… the Sponsor for carrying it.”
“The Gentleman from Cook, Representative Davis, Will Davis, for what reason do you rise?” Davis, W.: “Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he will.” Davis, W.: “Representative, I was just reading the analysis that was provided on… on your legislation. It says, 'the applicant'… and I assume we’re talkin’ about the person…” Bradley, J.: “Yes.” Davis, W.: “…who is applying for the… for the… for the identification card…” Bradley, J.: “Sure.” Davis, W.: “…it says, 'that that applicant can recover costs, attorneys fees…” Bradley, J.: “Yes.” Davis, W.: “…damages between a hundred and hundred… and five hundred dollars for every day over the 30 days that the State Police fail to act on the application.' Is that correct?” Bradley, J.: “Yeah, that’s correct. It’s a… it’s a…” Davis, W.: “What are they recovering…” Bradley, J.: “It’s a strong incentive.” Davis, W.: “What are they recovering damages for?” Bradley, J.: “For… for not getting their card back. For… when… the State of Illinois… and this is what makes this different from other situations that have been brought up… when the 09400097.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 State of Illinois doesn’t process a FOID card in a timely manner, Representative, they make the person who is asking for the FOID card a criminal felon, because possession of a firearm without a valid FOID card is a felony offense. And that…” Davis, W.: “Okay.” Bradley, J.: “I mean, so…” Davis, W.: “So, then…” Bradley, J.: “…we’ve created a strong incentive for that to get done.” Davis, W.: “Well, then, let me ask you a question. So, if that person doesn’t have a FOID card and they are now a felon, is it possible that the local police department can come by and arrest ‘em for havin’ a…” Bradley, J.: “Yes.” Davis, W.: “…for havin’ a… is that… is…” Bradley, J.: “Yes.” Davis, W.: “How will the local police department know that?” Bradley, J.: “Well, I don’t know how the police get that information, but certainly…” Davis, W.: “I mean, is… are the State Police gonna send out a notice to…” Bradley, J.: “Go ahead.” Davis, W.: “…their local police department and say, 'This person’s card has expired…” Bradley, J.: “Well, it…” Davis, W.: “…go pick ‘em up'” Bradley, J.: “I’d hope not. Probably… probably…” Davis, W.: “I’m tryin’ to understand what are they suing for?” 09400097.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Bradley, J.: “Probably the context is, is that, I have a FOID card that’s set to expire sometime in October, okay, and I send my card in in August or September, my application, and I don’t get it back until December or January. Well, hunting season starts in November, okay, so I’ve lost a substantial period of time where I could go hunting. I’ve also lo… had a substantial period of time where I have guns in my possession and I don’t have a license to have those guns. So, there’s all kinds of scenarios or hypotheticals you could come up with where that could create a problem for a law-abiding gun owner. And so, we have this requirement for that reason of 30 days that it ought to be processed quickly and that’s the reason we have the requirement that it be processed so quickly and…” Davis, W.: “So, is there a reasonable expectation that I’m gonna get arrested because my card has expired?” Bradley, J.: “I don’t know that a reasonable expectation is the proper standard. I think what the situation is, is that if you do not have a FOID card, you are in violation of the law if you own guns or possess guns. And so…” Davis, W.: “I… I’m clear on that.” Bradley, J.: “Yeah.” Davis, W.: “But I’m sayin’, if I’m in violation, what am I suing the state for, because I’m in violation?” Bradley, J.: “Yes. You’re… for not getting the card processed because the state is required to process the card within 30 days.” Davis, W.: “Okay. Does this Bill allow any… any leeway for… on behalf of the state?” 09400097.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Bradley, J.: “Well…” Davis, W.: “I mean, the state’s not perfect.” Bradley, J.: “But let’s… let’s, ya know, be realistic about this. A person who wanted to avail themselves of this… and let’s hope that this never comes up, let’s hope that no one ever has to do this, but a person that avails themself of this remedy would have to hire an attorney and go to court and then it would be up for the court and the judge to determine what would be the appropriate remedy for this particular situation. And… why would… why would… why would I wanna identify myself, if… if what you said is correct, because when that card expires I am technically violating the law. Then why would I wanna go to court and expose myself to being arrested because I’m violated…” Bradley, J.: “Well…” Davis, W.: “…because I wanna pursue it in the manner in which you've outlined in this Bill." Bradley, J.: “You… you’re already…” Davis, W.: “Why would I wanna do that?” Bradley, J.: “You’re already exposed.” Davis, W.: “What… Well, how… how would… You just told me the local police departments wouldn’t know.” Bradley, J.: “No. I told you I don’t know. I don’t know how that works. Particularly, there’s a…” Davis, W.: “They probably wouldn’t know, so why would I wanna expose myself? And… and because I wanna… because I wanna sue the state for a hundred dollars because they didn’t get my card back to me on time?” Bradley, J.: “No. I think you’re missin’ the purpose of this.” 09400097.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“One minute to conclude.” Davis, W.: “Representative?” Bradley, J.: “My button’s off.” Davis, W.: “Okay.” Bradley, J.: “So, this is creating an incentive through a very onerous mechanism to require the state to do what it is obligated to do by law.” Davis, W.: “Okay. Well, Representative…” Bradley, J.: “That’s all it is and I’m not gonna…” Davis, W.: “Representative, if it…” Bradley, J.: “…complicate it more than that.” Dais, W.: “If I have… if I have an organization that's billed the state for payment for services and that payment is more than 30 days late, then would you be willing to support a piece of legislation that would allow them to sue DHS or DCFS or another agency…” Bradley, J.: “Well, do…” Davis, W.: “…because they haven’t gotten their money?” Bradley, J.: “Do the… do… by them not getting their money do they become felons?” Davis, W.: “Well, no. They don’t… they don’t become felons.” Bradley, J.: “Are they… are they… are they felons by not gettin’ their money?” Davis, W.: “They don’t become felons…”
“The Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Thank you. Well, I just wanna… just wanna point something out because this is… Molaro, right. This is pretty simple stuff. And I’m… I’m a gun advocate guy and I… 09400097.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 I don’t understand what we’re doin’ here ‘cause I think this is pretty simple. It reminds me of a driver’s license expiring. So, you got the FOID card, so what we’re tellin’ these gun owners and I tell ‘em, I wanna get ya registered and I wanna make sure you get a FOID card. Now, the FOID card’s good for 4 or 5 years… I don’t know I don’t have one… but, let’s say, it’s 5 years and now it’s coming up to expiring, just like a driver’s license would expire. Now, it doesn’t make any sense to me that you would get that your driver’s license expiring, you go to the Secretary of State to renew it and it expires June 1 and the Secretary of State says, ‘Ya know what, we’ve got a backlog, don’t worry about it, go drive with that… with an expired license.’ And everybody’s out there getting arrested for an expired license. That doesn’t make sense. So, what we do is, Jesse White and the Secretary of State is forced then to make sure we don’t have people out there driving around with expired licenses. Now, you see here it says a hundred dollars a day, five hundred dollars a day. Let’s get real. We’re not gonna let the State Police be out there getting fines of a million dollars. That’s crazy. What this Bill is gonna do is it’s gonna be the public policy of the General Assembly to tell the State Police when you’re out there doing your priorities you have to hire 2, 3, 4, or 5 more people, whatever it takes, to make sure that people, when their FOID cards expires you don’t make ‘em a felon. You get the requisite amount of people you need so if it’s 30 days later give ‘em their FOID card so they can be legal. That’s all we’re doin’ here. By the time it gets to the Senate, 09400097.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Representative Bost will tell ya, he tried to work with ‘em, we’re gonna have to shoot a little… little long there…, ya know, we’re gonna have a little sit-down and straighten this out with the State Police. This is a good Bill. It recognizes that. It’s got nothin’ to do about hunters and gun… forget that. All it has to do is, the State Police are supposed to give ‘em their FOID card within a requisite amount of time, just like the Secretary of State. Let’s get these people their FOID card, let’s get people their driver’s license timely and then we won’t have to go through this. It’s a good Bill. Let’s get it done. Thank you.”
Speaker Turner: “The Gentleman from Menard, Representative Brauer, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he will.”
“Representative, I was a little surprised to hear that the FOID card is 38 years old. Is that right?” Bradley, J.: “I… I don’t know the… the age of it, no.”
“Well, that… that was mentioned earlier.” Bradley, J.: “I’ll take your word for it.”
“Okay.” Bradley, J.: “Thirty… thirty-eight years old?”
“Yes.” Bradley, J.: “Yeah. I don’t… I didn’t say that. I don’t know if that's Yeah.”
“Well, there’s a lot of noise. I… I couldn’t…” Bradley, J.: “Yeah.”
“…hear what was being said.” Bradley, J.: “Yeah.” 09400097.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“I just assumed it was you.” Bradley, J.: “I’ll take your word for it.”
“Well, a form of flattery in a lot of states, any time you have a great Bill like this FOID card, is… is often… will be passed in other states. A good Bill might be passed in several states. Can… can you tell me of other… how many other states have a FOID card?” Bradley, J.: “I don’t think there’s any other states that have a FOID card, are there?”
“I don’t either.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. To the Bill.”
“To the Bill.”
“I understand the Representative and I understand the NRA wanting to get this processed and ya know, the point has been made and obviously, people will take notice of it. But I wanna make a couple other points. This is really starting down a slippery slope. I notice on here that the State Police say it’s a fiscal impact of $30 million. In this state, we can’t run timely DNA, we’re making nursing homes pay for background checks to… put new people in nursing homes that may be sex offenders. The Department of Professional Regulation takes huge amounts of money from potential mortgage brokers, from people that need licenses, and they can’t function and… they keep their money and they don’t get ‘em a license in a timely manner and they’re holding up people that they may be hiring in their businesses. And yet, we’re gonna run one Bill like this 09400097.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 after a point is made to take a vote that is basically a mail piece. I really find it inappropriate to start down that slippery slope. Medicaid bills are supposed to be paid in 60 days, we can’t even find out how much interest is… is due on those bills and yet, we have to borrow in order to pay the people who provide services to the people of the State of Illinois. I understand the… the backing of this. I understand the fact, but it’s one more malfunction of State Government and perhaps, the point has been made but I don’t think that putting fines or fees, that the taxpayers of Illinois have to pay, where we don’t even cover the other obligations that are equally as important and in some instance more important, equates to a vote on this Bill.”
“Seeing no further questions, the question is, ‘Shall the House pass House Bill 45… Representative Bradley.” Bradley, J.: “Can I close?”
“Do you wanna close?” Bradley, J.: “Yeah. Sure. Thanks. It’s a real simple Bill. The difference between this Bill and late payments or any other situation is, name me another situation where the state not doin’ its job makes someone, for whom they’re not doin’ their job, a felon, and that’s what happens in the State of Illinois. If a FOID card is not processed in a timely manner, then you create a felon out of the lawful gun owner that didn’t get their FOID card back in time. And the Representative who sits on the front row, whose name I won’t mention, I understand your situation, but think of it this way. By doing this Bill, we give all the agencies of the 09400097.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 state and we give everyone within the state additional ammunition to make sure that sufficient resources are put towards this to insure that people get… ya like that… to put resources on this to make sure that this gets done in 30 days. This is supported by the gun owners of the State of Illinois. I think you’ll find that most of your constituents are gonna support this. I’d ask for an ‘aye’ vote.”
“Now, the question is, ‘Shall the House pass House Bill 4529?’ 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? Bost. The Clerk shall take the record. On this question, there are 80 voting ‘aye’, 29 voting ‘no’, 4 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative McAuliffe, for what reason do you rise?”
“Personal privilege.”
“State your point.”
“Along with me, up in the gallery, and with Representative Joe Lyons and Representative Rosemary Mulligan, we have children and their parents from St. Cornelius, St. Juliana’s, Immaculate Conception Chicago, St. John Brebeuf, St. Eugene’s, St. Thecla, St. Paul of the Cross, and Mary Seat of Wisdom, right up there in the gallery.”
“Welcome to Springfield. The Gentleman from Jackson, Representative Bost, for what reason do you rise?” 09400097.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“On a point of pra… personal privilege, as well.”
“State your point.”
“Mr. Speaker, I just received an e-mail about the State of Illinois actually was mentioned in a paper in San Diego. And I… ya know, I’m always proud or I’m usually proud when the State of Illinois is mentioned, but this one I’m not sure that I am. It was all about how we’re underfunded as far as our pension systems are concerned. And one of my constituents simply e-mailed and said, 'How embarrassing.' I… I think we should all be embarrassed at the fact that we’re being mentioned in other states about how poor our pension system is funded.”
“Check the source of that e-mail, too. The Lady from Kane, Representative Chapa LaVia, for what reason do you rise?”
“I’d like everybody to say a good welcome to one of my schools that’s out here from Aurora and that’s St. Rita’s… Saint…”
“Welcome to…”
“St. Rita’s is out here, too. But which one is it? Annunciation, even better.”
“Welcome, Annunciation, to Springfield. On the Order of Third Readings we have Representative Ron Stephens on House Bill 4559. Read the Bill, Mr. Clerk.”
“House Bill 4559, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Bond, Representative Stephens.” 09400097.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Thank you, Mr. Speaker. This… this Bill affects commissaries at the Department of Corrections. It simply limits the… the amount that may be charged in profit of up to 10 percent. Appreciate an ‘aye’ vote.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4559?’ 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. Representative Hultgren on House Bill 4679. Read the Bill, Mr. Clerk.”
“House Bill 4679, a Bill for an Act concerning civil law. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from DuPage, Representative Hultgren.”
“Thank you, Mr. Speaker, Letters… Ladies and Gentlemen of the House. This is a victims’ rights Bill that was brought to me by the State’s Attorneys Office in DuPage County. What this does is clarifies… right now the Victims Compensation Act that we have passed and is part in law right now allows that a victim can seek to be compensated up to 2 years after the crime had happened. The prob… the problem is sometimes an indictment might take longer than 2 years to file. So, what we do on this is we increase the given option that it’s 2 years after the crime or 1 year after the indictment. So, it… it increases victims’ rights. 09400097.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 I ask for your support. I’m happy to answer any qol… any questions.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4679?’ 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… Representative Winters. Schock. 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. Representative Colvin on House Bill 4688. Read the Bill, Mr. Clerk.”
“House Bill 4688, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Colvin.”
“Thank you, Mr. Speaker. House Bill 4688 is a Bill that amen… amends the underlying Bill that we passed here last year, House Bill 381, dealing with the growing problem of fraudulent identity with respect to minority contracting. Companies that pose themselves as minority companies in the attempt to get minority preference for a particular contracting with units of government, whether it be state, county, or local units of government, where those programs do exist. In House Bill 381 we made it a fel… a Class II felony for any company that fraudulently poses themselves as a minority firm and that pretty much dealt with the contractor-government relationship. Well, in House Bill 09400097.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 4688, this Bill is an Amendment to the underlying Bill that also covers the contractor-subcontractor relationship where, in fact, you would find more small business and minority contracting opportunities. This Bill passed out of committee unanimously. The underlying Bill passed out of the House and Senate unanimously and was signed by the Governor. I know of no opposition. I’ll be happy to answer any questions.”
“Seeing no questions, the question is, ‘Shall the House pass House Bill 4688?’ 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? Mautino. 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. The Lady from Cook, Representative Deborah Graham on House Bill 4693. Out of the record. Representative Graham on House Bill 4694. Out of the record. Chapa LaVia on House Bill 4711. Read the Bill, Mr. Clerk.”
“House Bill 4711, a Bill for an Act concerning criminal law.”
Speaker Turner: “The Lady from Kane, Representative Chapa LaVia.”
“Thank you, Speaker and Members of the House. House Bill 4711 has to do with dog fighting in the State of Illinois. Because it’s done underground, it makes it very hard to catch criminals. It’s become exceedingly popular in our gang cultures. Whether in gangs who are in Aurora, 09400097.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Chicago, Rockford, Cicero, or downstate, the criminals are making a lot of money and using it to finance their illegal activities, exposing children to a culture of violence and in… inflicting the most inhumane treatment to animals I’ve ever seen, especially in the last 2 or 3 years. Dog fighting is a extremely detailed, involved sport and has become commonplace entertainment for many. Involves illegal gaming and often includes drug sales and weapons violation. Predatory breeding and raising dogs from the time that they are puppies to become lethal killing machines, if they’re bred or stolen, a dog that won’t fight they bury it alive or they dump it in the side of the road. If it will fight, they begin training the dog. House Bill 4711 changes law… the law of dog fighting to mirror a Louisiana law whereby the prima facie evidence is offered, even possesses material used as a dog training for facilities, i.e., tread pools, treadmills, other materials outlined. This means that cops have an easier time arresting people and prosecuting ‘em if they have these… these basic… equipment around their house and they could show evidence of it. The Bill also requires that all police officers do receive training in recognizing the signs of dog fighting, so Illinois law can better enforce and the Law Enforcement Training Academy Boards helped design the provisions and the proponents to using the local law enforcement to decide whether kut… what kind of training they’d like to provide. It also increases the penalty from a Class C to a Class A misdemeanor for those who are spectators in a dog fighting ring and it also establishes felony penalties for dog fighting predators who 09400097.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 conduct dog fighting in the presence of children under the age of 16. The main reason I’m supporting this piece of legislation, I feel everybody in the House should also support this, it addresses the heart of the problem. The serious issues now that we’re facing in our state and throughout the United States with vicious dogs and them attacking individuals, like one of our Members mentioned earlier. Dogs are not… or puppies aren’t… aren’t born or inherent to be mean. People train them to be vicious. Therefore, they get out of the yard, they attack people. And they’re a threat not only to our children, law enforcement, and general public safety. Reason number two, public safety, the correlation between dogs that are trained in the fights. We crack down on criminals that engage in this blood sport. Gangs, dog fighting is huge in the gang culture. Four, child protection, violence reduction in our… in our districts in our area. Five, law enforcement protection which is one of my main issues in this whole piece of drafting of the legislation. Without proper training, police officers aren’t aware of all the signs of a dog fighting ring or signs that somebody is training dogs to be killers. Six, it never reaches our courts. Dog fighting isn’t even prosecuted very often because it’s too hard to catch these criminal… the criminals. This Bill will make it easier to catch them providing law enforcement with the tools they need to recognize this crime when they are confronted with it and allowing police officers to arrest alleged dog fighters for a more… a mere possession of the dog fighting materials on top of if they catch them in the 09400097.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 crime or not in the crime, showing that the materials are around there. Discrimination, right now breed bans discriminate against minorities because the majority of the dogs typically labeled as ‘dangerous dogs’ are Latino and African American which make up the majority of my district in Aurora. And then, eighth, punish irresponsible owners. These… the Bill punishes irresponsible dog owners and protects the animals from abuse and neglect. So, it’s the best way to deal with the problem of dangerous dogs. I’ll take any questions.”
“Seeing no questions, the question is, ‘Shall House Bill 4o… The question is, ‘Shall House Bill 4711 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 110 voting ‘aye’, 0 ‘noes’, 0 ‘presents’… 1 ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Schock on House Bill 4743. Representative Schock on House Bill 46… 4743. Read the Bill, Mr. Clerk.”
“House Bill 4743, a Bill for an Act concerning local government. Third Reading of this House Bill.”
“Thank you, Mr. Speaker. House Bill 4743 simply allows homeowners or I’m sorry, local municipalities the authority to place residential property fines on the property tax Bill. I’d be happy to… I offered an Amendment which has passed which allows the… the county collector of the property taxes to be able to share in the collection of 09400097.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 those fees to offset that their collection costs. Be happy to answer any questions that Members might have.”
“Seeing no questions, the question is, ‘Shall House Bill 4743 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? Bassi. May. Foby… The Clerk… Clerk shall take the record. On this question, there are 71 voting ‘aye’, 40 voting ‘no’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Kane, Representative Chapa LaVia, for what reason do you rise?”
“Thank… thank you, Speaker. I’d to acknowledge someone in the gallery that we all have come to know and love and he’s here with us, his beautiful wife, Jerome Faulkner, a.k.a., Moe, is up there. Moe started with the House… Moe started with the House… Stand up Moe Boe. Moe started with the House in June of ’85. He was known for his bulldog style of guarding the chambers and he often did that, even with me, Moe. He is respected by Members, not so… Members and loved by many of the staffers who have encountered the bulldog in the gallery tellin’ ‘em how to straighten up or not drinking or you can’t go through without a pass. He was known for his unusual ways of rehabilitating himself. Moe, who had his shoulder worked on, would often be seen doing his rehab in the gallery such as shadow boxing in place to keep his shoulder straight. And the funniest of them all is when he would stand at the pillars and act as though he was climbing up the pillars, 09400097.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 this was to keep his shoulder loose. Moe worked countless hours in pain and discomfort and yet he never, ever, ever complained to us or anybody on the House Floor. He took great… a great deal of pride in the service that he provided and Moe also would be seen yelling at various people to get… to get off the floor, from lobbyists who didn’t have ideas. But the most… the funniest thing about that, Moe, is most people don’t know that you’re hard of hearing, so they didn’t know and you didn’t know how har… how loud you were yelling at them. And all I wanna say is, Moe, we love you and we’re gonna miss you, we’ll respect you. And now, you have time to go bet on the ponies. Everybody, welcome Moe.”
Speaker Hannig: “Representative Hannig is in the Chair. Representative D’Amico, you have House Bill 4768. Mr. Clerk, read the Bill.”
“House Bill 4768, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
“Rep… Representative D’Amico.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4768, what it does is it increases the training hours that a teenager’s gonna do behind the wheel with his parent from 25 to 50 hours and 10 of those hours are gonna be required to be driven at night. And then it is also gonna require a parent to sign off before their teenager goes and gets their license at 16. I’ll be open to any questions.”
“This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Cook, Representative Parke.” 09400097.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Now, let’s go over this. It says that 15 years of age can get a permit?”
“Yes. The age has not changed at all.”
“And you’re saying with this legislation what happens?”
“We’re gonna increase the training hours behind the wheel with a parent or an ad… or legal guardian from 25 hours to 50 and 10 of those hours are to be driven at night. Right now, you are not required to have any nighttime training.”
“And what happens if they are caught out just on their permit or not following the law, as you wanna change it? What will happen to that?”
“No… no different than right now if they’re out drivin’ on their permit, same thing would take effect.”
“What happens if they don’t have it? What happens to ‘em? Is there anything more of a penalty?”
“Yeah. Right now you have to have written consent to get the permit, as well.”
“True. But I’m saying, is that if they break the law, now, we… we… let’s say we pass your Bill, as you had wanted…”
“Yes.”
“…what happens if they don’t comply with your law? Is what’s…”
“Well, as you know, this is on the honor system. So, as a parent myself and a… I wou… I wouldn’t want that on my shoulders, God forbid, something would… were to happen and I 09400097.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 didn’t put in the required hours that we… that we are puttin’ out there.”
“And as far as you know, there is no group that’s opposed? ‘Cause I’ve had some phone calls from people saying that they are concerned about this Bill.”
“Right. And ya know what, originally, when this Bill was proposed, we were lookin’ at raising the age to 18 years of age and that’s… that’s where we drew some opposition. When we put the Amendments in place, everybody seemed to be onboard. I haven’t had any opposition contact me.”
“So, your Amendment, as drawn, has really made the modifications, so it’s no longer 18?”
“Yes.”
“Okay. ‘Cause I had people in rural Illinois say that that was extreme difficult because they can get that child to drive.”
“Right.”
“They wanted ‘em to drive, so…”
“And I understand that with the law goin’ to 18. That’s why we worked on this Amendment with Secretary White. Jesse White was very helpful with comin’ up with this, as well.”
“Okay. Thank you.”
“Thank you, Representative.”
“So, we will remove this from Short Debate and put it on Standard Debate. And Representative Black is recognized for 5 minutes.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of the Bill. And 09400097.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 I’m not quite certain why it needs to be taken off Short Debate. My commendation goes to the Sponsor for his willingness to talk particularly with downstate Legislators. This Bill, as it started out, generated a lot of phone calls, particularly in small, rural areas because the original Bill said you would have to be 18 years of old… age to get a driver’s license rather than 16. Now, knowing where he lives and the traffic that he faces, I could understand that, but the further downstate you go, where we don’t have the traffic density and we don’t have the traffic flow and it may be 25 miles one way to your school, parents were concerned about how to get their kids home from basketball practice or home after school and back for music or band or whatever. The Gentleman was very accommodating to all of us and he… he took out the increased age requirement and what he did, I think, simply adds, if I may be so bold and correct me, Representative, if I’m wrong, is simply add to the graduated driver’s license program that we passed some years ago with, I might add, a youth advisory council that then, I believe, then Secretary Ryan convened. And the… the members of that council had no problems with that graduated driver’s license program where you ease into driving, where you have more parental support, where you have more parental teaching, if you will. And then restrictions placed on your license when you’re 16: how late you can be out, how many passengers you can have. You don’t need to pick up very many papers of statewide circulation. There was just a tragic accident this week, I believe, in Crystal Lake where two young drivers who were driving 09400097.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 perhaps… I don’t know, I shouldn’t say that… perhaps were out driving their capabilities, they hit a tree and both died. And the number of 16-year-old drivers that are involved in fatal accidents are much higher than the percentage of 16-year-old drivers. So, I think… I think the Gentleman has been willing to work with all sides. He’s come up with a very good Bill that, again, tries to ease young drivers into that freedom that you and I all couldn’t wait to get. I… we look back when we turned 16 and yes, I know it’s been said by some that parents will… will… will falsify records, they’ll sign off. Well, woe be to those parents who do that. It’s a good Bill. It adds to the very successful graduated driver’s license program. I think it reflects the Representative’s willingness to listen to all sides of the issue. I know the Secretary of State stands in strong support of the Bill. And as a father who raised two children, having gone through the trauma of them driving, staying up until they got home, now seeing my grandchildren approaching that age in the ne… in the not to distant future. I think this is a good Bill, makes eminent sense. And I commend the Sponsor for his willingness to work with all areas of the state and all concerns of the state to craft what I think is a good, commonsense Bill. I intend to vote ‘aye’.”
“Representative Pritchard.”
“Excuse me, Mr. Speaker, we’re doing some high finance here. Question… will the Speaker yield, please… Sponsor?”
“He indicates he’ll yield.” 09400097.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Would you help us understand how this is going to be implemented and I applaud your effort in trying to save lives and make more responsible drivers on the road. But our school districts currently provide, I would assume, a great percentage of the driver’s education that becomes into new licenses. How is this gonna affect our schools?”
“This is not gonna affect the schools at all ‘cause currently, right now, you have to do 25 hours with your parent or legal guardian as it stands. And what we are doing, we’re increasing that to 50 hours. That’s the on… There’s no affect on the school at all.”
“And… and what’s the process when a 17 or a 16- year-old goes to get their license, what do they have to demonstrate that they’ve had those 50 hours?”
“There’s… there’s gonna be an application that the parent or legal guardian has to sign off on, one more signature. Just like they sign off to get their permit, it’s gonna be the same to get their license.”
“And the penalties if a… if a parent authorizes something that isn’t accurate?”
“The same thing that exists right now with the 25 hours.”
“Okay. So, apparently, the… the parents would have no retribution if they would sign it and the student really hadn’t had that 50 hours of behind the wheel?”
“Once again, it’s an honor system and I mean, ya know, God forbid, your child was in a terrible accident and you didn’t provide the proper training that they deserved.” 09400097.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Very good. Well, I compliment you on this idea. Thank you.”
“Thank you.”
“Representative D’Amico to close.”
“Thank you, Mr. Speaker. This is a good Bill. And I think it’s a Bill that’s gonna save lives. And our teenagers need to just get some more training before they get on the road behind the wheel of a car. I encourage an ‘aye’ vote. Thank you.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rep… Representative Mautino, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4793.”
“House Bill 4793, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“Representative Mautino.”
“Thank you, Speaker, Ladies and Gentlemen of the House. House Bill 49… or 4793 is at the request of the Village of Paw Paw, it's a village of 800. They have a TIF district that they wish to extend from the 23 to the 35 years. It’s gone through the Revenue Committee. All letters from all taxing bodies have been submitted. There’s full agreement. And for this small town, it’s their wish to help encourage and continue some development that’s started over the past 09400097.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 few years. Glad to join Representative Mitchell as cosponsors on this. And ask for an ‘aye’ vote.”
Speaker Hannig: “Is there any discussion? Representative Mitchell, would you like to close? We’ll let you close on this.” Mitchell, J.: “Thank you, Mr. Speaker. Ladies and Gentlemen, this is a very important to a very small community that has worked with their taxing bodies, as Representative Mautino said, to get agreement from all of them. This will not hurt their school district simply because they… they already have a wind farm that’s helping the school district out, at this time. The school district realizes that if we don’t do something to capitalize on the increase in that entire area to keep up with their neighbors, Rochelle, that has the hub now, then they will never increase their revenue. All agree and I appreciate very much Representative Mautino helping me out with this. Thanks, Frank.”
“Okay so, Representative Reitz, that was a close. So, the question now is… the question is, ‘Shall that… 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 Bradley, do you wish to be recorded? 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 Sacia, for what reason do you rise?”
“A point of personal privilege, Mr. Speaker.” 09400097.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Sta… state your point.”
“Mr. Speaker, we are very fortunate this afternoon to have up in the gallery the only lovely lady sitting up in that corner… whoops, I just saw another one. But there’s a very lovely lady sitting up there who happens to be the owner of the number one bed and breakfast in the State of Illinois, the Goldmoor Inn in Galena, Illinois, Patricia Goldthorpe. She’s down here visiting. Would you make her feel welcome.”
Speaker Hannig: “Welcome to Springfield. Representative Stephens, you have House Bill 4822. Mr. Clerk, read the Bill.”
“House Bill 4822, a Bill for an Act concerning human rights. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Bond, Representative Stephens.”
“Thank you, Mr. Speaker. This Bill affects the Human Rights Act. It simply clarifies that under the heading of military status that that includes a veteran. Be glad to answer any question.”
“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 Delgado, you have House Bill 4829. 09400097.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Representative Delgado, do you wish us to read this? Mr. Clerk, read the Bill.”
“House Bill 4829, a Bill for an Act concerning human rights. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Delgado.”
“Yes. Thank you, Mr. Speaker and Members of the House. House Bill 4829 will do the following: it allows the Department of Human Rights to retain jurisdiction over a charge alleging a violation of the Real Estate Transaction Article of the Human Rights Act, even when the investigation of the charge takes longer than 100 days. The Real Estate Transaction Article includes the sale, exchange, rental, or lease of a property or the brokering of appraising of a residential real property and making or purchasing of loans. This Bill came about in response to the state’s court decision to dismiss an individual’s charge after the department’s investigation of the charge has taken longer than 100 days. At this point, I would ask for your ‘aye’ vote and I’m open for any questions.”
“Is there any discussion? The Gentleman from Cook, Representative Parke.”
“Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, have you heard anything about the Realtors Association position on your Bill now?”
“Right. We have had no information from the realtors. I know them pretty well. I’ve not had any opposition from them at all that I know of.” 09400097.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“And when you were speaking about what this Bill does, I could not hear. Could you just summarize it one more time what your Bill does?”
“Yes, Sir. What 4829 will allow is the Department of Human Rights to retain the jurisdiction over a charge alleging a violation of the Real Estate Transaction Article of the Human Rights Act, even when the investigation of the charge takes longer than 100 days. Now, the reason of this was that this Bill’s in response to a state court decision to dismiss an individual’s charge that after the depart… after the department’s investigation of a charge that’s taken longer than 100 days. While the Act appears to allow for an investigation longer than those 100 days, when completion of the investigation within that time period is imprac…, is not practieable the court decision suggests otherwise.”
“I under… I un…”
“So, that’s where this… that was the genesis of this piece of legislation.”
“I understand. Thank you.”
“Any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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 Rita… Representative Rita, you have House Bill 4894. Okay. Out of the record. Representative 09400097.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Miller, you’re next with House Bill 4895. Mr. Clerk, read the Bill.”
“House Bill 4895, a Bill for an Act concerning local government. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Miller.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the Hou… of the House. House Bill 4895 extends a TIF district in South Holland. I ask for a favorable vote.”
“Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 4 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4904. Mr. Clerk, read the Bill. ”
House Bill 4904, a Bill for an Act concerning public safety. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. House Bill 4904 is an initiative of the Illinois Department of Labor on how they regulate and oversee the operation of carnivals here in the State of Illinois. It gives them additional authority which they currently have under other sections of their jurisdiction within the agency and this would provide the safeguards needed to make sure that our carnival rides and their operators are up to snuff. And I 09400097.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 actually commend the Illinois Department of Labor for taking a look at this and closing some of the loopholes and cleaning up some of the… some of the terms that let things fall through the cracks. And I would ask for your favorable vote.”
“Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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. House Bill 4971 for Representative Brady. Representative Brady. Mr. Clerk, read the Bill.”
“House Bill 4971, a Bill for an Act concerning local government. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from McLean, Representative Brady.”
“Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4971 simply changes wording in the statute presently in that a coroner’s inquest ‘may’ be held by the county coroner instead of ‘shall’ be held by the county coroner. This will allow the county coroner some latitude in not having to perform an inquest when the manner of… excuse me… the cause of death is very clear-cut and there is no questions regarding the case whatsoever from an investigation standpoint. I’d be happy to answer any questions.” 09400097.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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 5216.”
“House Bill 5216, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“The Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. I rise in sup… to bring before you House Bill 5216. It is a Bill to take care of a problem with stalkers. It’s to correct a problem with a family that I know in my district who… the gentleman used a car in the process of stalking. And what this Bill does is gives the law enforcement officers the probable cause to… to seize the vehicle and as amended, if the vehicle is… if the perpetrator is found to be innocent, the motor vehicle will returned back to them. I rise in answering any questions.”
“Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rep… Okay. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Coulson is next. And Mr. Clerk, read House Bill 5269.” 09400097.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“House Bill 5269, a Bill for an Act concerning education. Third Reading of this House Bill.”
“The Lady from Cook, Representative Coulson.”
“Tha… thank you, Mr. Speaker. House Bill 5269 requires the Illinois Community College Board to establish and administer a We Want to Learn English initiative to provide resources for immigrants and refugees to learn English. It will provide money each fiscal year and is subject to appropriation. And I would encourage all of you to vote ‘yes’ because this Bill will help people in the State of Illinois to learn English, to be able to have better jobs as they learn English and also to encourage people to learn English. I can answer any questions.”
“And on that question, the Lady from Cook, Representative Hamos.”
“Thank you. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Thank you. Representative, I talked, also, to the Illinois Coalition of Immigrant Services about this. It seems to me… I used to be involved with the community colleges at some point along the way and there is a very significant English as a Second Language program that the community colleges already take responsibility for…
"Right."
"…and some of that is, I believe, I’m try… I was trying to get this information actually from Judy Erwin, one of our former colleagues, who’s now the executive director of the Board of Higher Education. But some of those English as a Second Language programs are offered by community colleges 09400097.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 and some of them are offered in community-based settings. How does this Bill fit into an already existing, very large system?”
“The Community College Board does have about a $15 million program that they do run. Most of them are not in community settings. This Bill coordinates with those programs bot… but increases the dollar amount that we hope and also allows for the community college to go into the community and provide the English as a Second Language program at a church, at a… at a place of business if a place of business has a lot of people who need to learn English. So, it provides a little more flexibility in where those courses can be provided.”
“So, but for purposes of legislative intent, just because I don’t like to overlay programs, and I’m sure you don’t either…”
“No.”
“…that don’t mesh. It is your intent that if you’re creating a new program here and if we can get more appropriation then this will be a coordinated system that will be administered by the Board of Higher Education and the Community College Board, right?”
“Absolutely.”
“Thank you.”
“Is there any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there 09400097.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Molaro, do you wish us to read 5284? Out of the record. Representative Mendoza, shall we read House Bill 5288? Mr. Clerk, read the Bill.”
“House Bill 5288, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“The Lady from Cook, Representative Mendoza.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5288 simply adds a bit of information to the current report that the Department of State Police must submit to the General Assembly and the Governor regarding the DNA backlog. House Amendment #1 is the Bill and it defines ‘backlog’ as all cases awaiting forensic testing whether in the custody of the State Police or lockel… local law enforcement. And that is, of course, regarding the DNA backlog. In the past, we had heard about the vast reduction of DNA backlog cases only to find out that other municipalities still had cases that had not been counted in the initial backlog. So, I think, for terms of clarification and moving forward on the proper analiz… analyzation of DNA, it’s important that we clarify what the actual backlog means and that’s what this language does. There is no known opposition to the Bill. As a matter of fact, all groups have come forward and supported it. And I would ask for your support, as well. Thank you.”
“So, there’s a number of individuals wishing to speak, so we’ll put this on Standard Debate. And Representative Lindner is recognized for 5 minutes.” 09400097.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Thank you, Mr. Speaker. I just wanted to make sure, Representative, my notes from committee said that there was going to be an Amendment and you would hold it to… for that Amendment so all… all were in agreement. Is that correct?”
“For this Bill? No. There was no opposition to the Bill at all. It took like two seconds to get it out. This is just the one that says what the new backlog actually means. And what we’re saying is that we’re adding to it to include the information that municipalities have on hand in terms of DNA evidence on hand, that the Illinois State Police knows about but hasn’t tested yet. For example, the City of Chicago had some DNA cases that hadn’t been analyzed yet and were not included in the official numbers of the backlog. It’s important that we know just how bad that backlog really is every year.”
“Okay. And no one is… was in opposition, then?”
“No one at all.”
“Must have been another Bill. Sorry.”
“Yeah. That’s okay. Thanks.”
“Representative Monique Davis.” Davis, M.: “Will the Sponsor yield?”
“She indicates she’ll yield.” Davis, M.: “Representative, have we put anything into legislation to help remove the backlog?”
“What this Bill does is try to address that because when we talk about the backlog, I think we would all agree in this chamber that it’s important to know what the backlog really is. So, when people says there’s thousands of cases, we need to know exactly how many cases constitutes the 09400097.doc 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 backlog so that we can try to bring that number of backlogs down. When we bring public attention to the issue of a backlog even existing, that creates to med… that leads to media scrutiny, that leads to Legislator scrutiny and leads to us demanding accountability from those groups that have to analyze the backlog.” Davis, M.: “So, currently, we collect the DNA of those who are convicted of a felony. Is that correct?”
“That’s correct.” Davis, M.: “So, there is a backlog in doing the identification markers, or what have you, on the number of DNA collections that have already taken place. Is that correct?”
“The backlog every day is being reduced, but that’s why it’s important that we know how extensive that backlog is. That’s the only thing this Bill does.” Davis, M.: “So, it…”
“It… it… it allows for the report that the Governor gets and that we get every year to include as many cases as currently exists so that we know how to best address the issue of the backlog.” Davis, M.: “Yeah, because I think the Governor has proposed 500… is it 500 thousand? You don’t know? It’s… the Governor has made a major proposal for forensic somethin’…”
“Oh, that’s for the DNA Institute, totally unrelated to this legislation.” Davis, M.: “So, they won’t… that won’t be people available to help reduce this backlog?”
“At some point the goal is, I believe, with this institute to allow for that.” 09400097.doc 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Davis, M.: “I thought the goal was to train people in forensic science so they could work in this area?”
“It could be. I think there’s multiple goals for the institute, but that’s not what this legislation is about. This is simply the report as to what the actual backlog is so that we know…” Davis, M.: “And the report would come from the State Police?”
“It does currently come from the State Police, Representative. This adds to the information that they have to provide us regarding the backlog.” Davis, M.: “So, are they in support of your legislation?”
“Yes. And so are the defense attorneys, everyone, really, both on the law enforcement and defense side are in favor of this legislation because it’s important that we have the best information at our disposal.” Davis, M.: “Because if they receive this DNA information on a timely basis perhaps that would reduce the inmate population at Cook County Jail where people are waiting to be tried, they are merely being held because they don’t have bail money?”
“No. The… that has nothing to do with that because we don’t take DNA unless if you're convicted.” Davis, M.: “But… but it has to have something to do with it. It… it literally has to have something to do with it if people are awaiting trial and they haven’t put up any bail, but they’re not convicted and the DNA results will help them to be found innocent.”
“Representative, this Bill only has deals with reporting of what constitutes the DNA backlog. It has 09400097.doc 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 nothing to do with any particular case that's awaiting trial.” Davis, M.: “So, you're just asking them to give us a report on how many cases they have not…”
“Actually exists, that is correct.” Davis, M.: “…yet found.”
“That’s exactly it.” Davis, M.: “Okay. I will support your legislation.”
“Thank you.” Davis, M.: “And I feel that we must encourage the department to get this information to us on a very timely basis. Thank you.”
“I agree. Thank you.”
“Representative Durkin.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, one of the things that I notice in here is that the way it reads is that the… ya know, you wanna get a true picture of what the backlog is on the forensic evidence that’s in the hands of the State Police and local law enforcement. One thing… let me just… Susan, one… one of the things that the State Police has done over the past few years is that because of… of their perception of backlog that they’ve been subcontracting out DNA work to the private labs throughout the United States. So, what I think if you really wanna get a good picture of this you… I… I’m sorry I didn’t pick this up in committee, but I would ask you if you could just pull this out, let me talk to you for 5 minutes and see if we can amend this ‘cause I think if you want a 09400097.doc 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 full picture it has to include what has been subcontracted out to the Bode labs or the Cellmark labs because it is significant. ‘Cause it doesn’t give you, Representative Mendoza, it does not give you a complete picture of what the backlog problems are in the State of Illinois unless you include in the private labs that have been subcontracted out by the Illinois State Police to do this work.”
“Okay. Representative Durkin, I have a great deal of respect for you in this area, so I’d be happy to pull it out of the record.”
“Thank you.”
“Okay. Out of the record at the request of the Sponsor. Representative Bradley, you have House Bill 5299. Mr. Clerk, read the Bill.”
“House Bill 5299, a Bill for an Act concerning businesses. Third Reading of this House Bill.”
“The Gentleman from Williamson, Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker. This is a very simple Bill. I was shocked when I learned from some of my constituents that none of the or very few of the Internet dating sites, which charge member services to find true love and romance, et cetera, provide any kind of background check whatsoever. The cost of doing a very simple routine background check, making sure someone’s not a sex offender or a serial killer, a felon, those types of things, is relatively inexpensive. It could be done for less than a dollar, dollar and a half. It seems to me like this is good common sense. All it simply requires is that if you’re not 09400097.doc 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 gonna perform… perform the background check… if you’re not gonna perform the background check, then at least have something on your site which lets people know that you did not do a background check. I… I think it’s an opportunity to make something that a lot of people enjoy, something that has been good for some people, even better. I’d ask for an ‘aye’ vote. Oh, it got out of committee unanimously. It came out of the Judiciary-I Committee. Thanks.”
“Is there any discussion? The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, I usually find all of your Bills very interesting and both… or most of ‘em. I’m not too sure about this one. Let me ask you a question and it’s one of States vis-à-vis Federal Government on the Internet.” Bradley, J.: “Yes.”
“Have you asked any… does your staff attorney indicate that a state can regulate what an Internet provider has on their website that’s located out of the state?” Bradley, J.: “Yeah. That’s a… that’s a very good question. There’s two issues there. First of all, should these sites provide background checks, which I think most people would agree that, ya know, if you’re not gonna provide a background check, at least tell people you don’t. And the second issue is one which is even greater than this Bill which is that technology is advancing much faster than our laws to keep up with it. And so, we’re gonna be faced more 09400097.doc 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 and more in the future with whether or not the states can regulate the Internet or… or look into and prohibit things on the Internet. I would say to you that I believe that we can for the same reason that we can set the speed limits on an interstate highway that may go through the State of Illinois. But certainly, we ought to be able to protect our citizens within the State of Illinois if these organizations want to use the State of Illinois, and let’s let the courts if, in fact, there’s gonna be challenges to this or there’s gonna be issues come up, let’s let the courts figure this out. But I think we… we make an important statement here in protecting our citizenry.”
“I… ya know, I appreciate your answer and as you know, the Federal Government prohibits us from collecting sales taxes on Internet sales. They've always maintained that they want the Internet to have one regulation that they follow, that being basically what is established by the Federal Government. Representative, I appreciate what you’re trying to do, but in all due respect, I’m gonna differ with you on this Bill. Mr. Speaker, to the Bill.”
“To the Bill.”
“If you… if you stop and look at this very carefully, there are dozens, dozens of sites on the Internet that try to match up a person seeking for… seeking love or friendship or companionship with another person seeking the same thing. There’s eHarmony.com, there’s Match… or Match.com, there’s a… there’s a… there’s dozens of ‘em, and I don’t really know how Illinois can set a standard if all of these people are from different states looking for a friend or a girlfriend 09400097.doc 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 or a boyfriend or a fiancé or something else, there is no national database. And the ones that exist state by state may be incorrect. It may have the wrong information. It may spell the person’s name incorrectly. Now, if somebody calls you and says, ‘Hey, I was aft… ya know, I was looking for a new girlfriend and I saw your name on this database and it indicates that you’re a… a sex offender.’ Well, you don’t think there’s gonna be a lawsuit. Ya know, and how far are we gonna go? How far are we going to go where personal responsibility kicks in? We all know these databases are incorrect. We have sex offenders in Illinois that we don’t even know where they are. They’re not registered, they’re not on the list. We don’t have the sheer people power to go out and find ‘em. We rely on their goodwill to register, some do, some don’t. Some are able to concoct a new identity, some don’t. Well, I mean, if you take this out to its illogical conclusion, if your church has a young professionals network, where you wanna go and meet people, maybe after your spouse dies you wanna meet new people, maybe after an unfortunate divorce you wanna meet new people, there are chambers of commerce all over the State of Illinois who have young, professional networks. The purpose is to network, yes, for business. But the purpose is often to network to find somebody to go to a movie with or to a play with or… or to a… a Broadway show with. I mean, what are we gonna do? Are we gonna have churches and chambers of commerce that have young professional networks go through a background check? Ya know, at some point, we all have to take responsibility for 09400097.doc 104 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 our actions. These sites are meant for adults. Now, I know you’re gonna hear horror stories about an 11-year-old…”
“Representative, your 5 minutes have expired. Would you bring your remarks to a close. Representative… Representative Black, did you wish to conclude your remarks?”
“Yeah. I’ll… I’ll be more than happy to. I certainly won’t take 5 minutes. Ladies and Gentlemen, I know I bring a lot of Bills down here at the request of constituents and some are really good Bills and some are not so good, but we have an obligation to do what people ask us to do. But I think in this case if we just stop and think that we are now getting into something that I’m not sure how we can effectively regulate and I’m not even sure whether or not we should. What government database option exists for these people to check with? I don’t know of one. There… there be more one out there. It exposes this industry to enormous liability. I’ve never had to use one of these things. I wouldn’t… I’ve been married more years than the Internet’s been inver… invented. But there are people who do use them, there are people who have found a spouse or a friend or a companion through these sites and that is up to them. That’s their responsibility and the responsibility of the company to do some basic background work and that company will face liability if they’re sloppy and they’re careless and they let anybody get on who could pay the fee. At some point, government just simply has to step back and say, ‘This isn’t our responsibility.’ It just simply is not our job to make sure the person that you are corresponding with 09400097.doc 105 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 on the Internet may or may not be the person you think it is, may or may not be somebody you actually want to take out to dinner. That’s your decision. You can make it as an adult. You make… you make these decisions all the time in your youth, in high school, in college and beyond. You’re fully capable even in the Internet generation of making these decisions. This is overregulation. I really think this Bill is a problem trying to find a problem to seek a solution to a problem that nobody’s ever brought to my attention that even exists. It’s overregulation. It’s time to say we have more important issues to deal with than this. I’ve great respect for the Sponsor. I seldom if ever vote against any of his Bills, but I urge a ‘no’ vote on this one.”
“Representative Granberg.”
“Sponsor yield?”
“Indicates he’ll yield.”
“Representative Bradley, I just have one question.” Bradley, J.: “Yeah.”
“Is Judge Moran of Madison County a proponent or opponent of this Bill?” Bradley, J.: “I’d rule… I’d ask for a ruling, that’s not germane.”
“All right. Well, thank you very… that’s very important. Thank you”
“Representative Durkin.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.” 09400097.doc 106 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Representative Bradley, for someone who’s going to subscribe to this dating service, under this legislation, are you going to require their consent before the background check is conducted?” Bradley, J.: “Well, obviously, the… that would be up to the Internet dating service. Now, remember…”
“Could you just… I’m sorry, could you speak up?” Bradley, J.: “It would be up to the Internet dating service how they wanna handle this. Remember, there’s two things that can happen here. They can perform the background check on the person that’s subscribing to the service or they can simply put a disclosure on their site that says that we did not do a background check. And so, if they don’t wanna go through the problem of going through a background check, and don’t wanna pay that minimal fee required to search the sex registration and search the felonies, then they can simply put on their site, we did not perform a background check.”
“Representative Bradley, who is going to be contracted out to do this type of background work?” Bradley, J.: “I… I have no idea.”
“Do we… Which…” Bradley, J.: “I assume there are background companies out there.”
“Well, do we believe that their work is going to be reliable? That is, I think, Repre… Representative Black had mentioned that during the course of the questioning. That’s, ya know, something I think that’s worth discussing. But my only other issue is that, ya know, if we are gonna regulate this type of practice in this way, I think… I think 09400097.doc 107 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 we should have at least forced these dating sub… companies to require consent to the individuals if this is going to…” Bradley, J.: “But… but I think that’s implied in signing up for the service. If you’re gonna have to have a background check in order to use the service, obviously, you’d have to consent to that. And ya know, we’ve taken great…”
“Well, if you’re assuming that people read through the, ya know, the…” Bradley, J.: “We’ve taken great measures in Illinois in the last 3 years since I’ve been here to make sure that our sex offender registrations are up-to-date, that we’re getting people registered, that if people are not registered that there are severe penalties. And let’s make sure that at a minimum we check and make sure that… that people are not sex offenders that are on these… or aren’t prior felons.”
“Representative Lindner.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“I know that Representative Fritchey is your cosponsor. Did you and your cosponsor meet online?” Bradley, J.: “Do you wanna answer that, John? No.”
“Did you do a background check on your cosponsor?” Bradley, J.: “Yes, I did. I talked to David Miller and Jim Brosnahan.”
“And what did you find out about your cosponsor?” Bradley, J.: “Well, I think attorney-client privilege extends to that.”
“Thank you.”
“Representative Bradley to close.” 09400097.doc 108 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Bradley, J.: “Yeah. This is a very simple Bill. Provide a background check. If you don’t provide a background check, then at least tell the people that are using the service that you haven’t performed a background check. It’s very simple, it’s very straightforward. Just because something’s on the Internet, does that mean that we, as a state, cannot endeavor to protect our citizens or to do the right thing with regards to what’s going on within our state or whenever the issue comes up are we going to say, ‘Well, we can’t deal with that, we can’t work on that, we can’t stop that, we can’t prohibit that because it’s on the Internet and because we can’t do anything about that.’ Well, of course, we can. We can regulate, we can prohibit, we can make good suggestions within the State of Illinois with regards to our citizenry. I would ask for an ‘aye’ vote.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 74 voting ‘yes’ and 36 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative McAuliffe, for what reason do you rise?”
“…privilege. A point of personal privilege.”
“State your point.”
“I have one more group from St. Eugene’s up in the Democratic side of the aisle. Like to have a round of applause. St. Eugene’s from Chicago.”
“Mr. Clerk, read House Bill 5336.” 09400097.doc 109 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“House Bill 5336, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Osterman.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 5336 deals with the serious issue of individuals impersonating law enforcement officers. A recent study of our State Police show that in the Chicagoland area in the last 3 years over a thousand incidents of people impersonating a law enforcement officer. It deals with this problem in three distinct ways. One, it creates a new section for false impersonation of a peace officer or firefighter while carrying a firearm. It also increases penalties for aggravated false impersonation of a police officer or fire… fire while attempting to commit a felony. Additionally, individuals using oscillating lights similar to lights on law enforcement vehicles who attempts to stop or detain an individual, the penalties will be increased. This is a measure that’s supported by the State Police and other law enforcement groups. And I would ask for an ‘aye’ vote.”
“Is there any discussion? The Gentleman from Jackson, Representative Bost.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Harry, ya didn’t know… you did say that it does include firefighters…”
“Yes.”
“…in the language?” 09400097.doc 110 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Yes.”
“Because I knew that there was an article about a particular break-in that occurred that the fire was set like in a hallway and then the firefighter broke in the home and…”
“There’s two distinct sections. One deals with firefighters impersonation… impersonating firefighters and one deals with peace officers, but that is included in the Bill.”
“Okay. Thank you.”
“Any further discussion? The Gentleman from Vermilion, Representative Black. Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, this Bill just does not make any sense to me at all. What… what’s the purpose? I mean, this… I know there are people who impersonate police officers, firefighters, and I thought we had sufficient language in statute to say, in effect, you can’t do that and if you do, there are penalties involved. So, what does this Bill do?”
“Well, it does two things. One, is it creates a section dealing with firearms and those impers… those individuals that are impersonating law enforcement officers and/or firemen that are carrying firearms. I think it’s important that we have a distinct part of the law that deals with those individuals that are not just impersonating law enforcement or doing so and… and also carrying firearms. There was a situation in a downstate city where a doctor who 09400097.doc 111 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 was driving was impersonating a law enforcement officer, when he, was pulled over for a DUI, it was found out that he had a loaded 9 millimeter. So, that is a distinct provision that’s in this Bill that’s new. Additionally, it increases the penalties in two parts to stiffen the penalties. I think that there have been a lot of media reports about an increase in this activity. I think that we need to make sure that those people that are committing this… this act, that we… that they’re punished for it.”
“Representative, I… it’s hard… it’s so hard to hear in here. But you said, a doctor was stopped and somebody was carrying a 9 millimeter. Was it the person impersonating a peace officer or was it the doctor that was carrying a loaded firearm?”
“It was a doctor who, when he was pulled over, tried to impersonate a law enforcement officer. Had a badge on him, he also had a lat… noted a loaded 9 millimeter.”
“What medical school did that doctor go to?”
“I’m not sure.”
“He’s watched too much television. Well, let… let me ask you a question. I get this all the time, seriously. Most of us wear a lanyard that says Illinois State Police on it. And I have been asked dozens of times, outside the Capitol, if I forget to take it off, if I am, in fact, an Illinois State Trooper. There are times when I’m tempted to say ‘yes, yes, I am.’ If I say, 'yes, I am', am I in trouble?”
“I would think it’s the context in which you do that. If you do that while you pull someone over because they’re swerving on the road and you’re impersonating a law 09400097.doc 112 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 enforcement officer, yes. If you do that to intimidate someone which has been used in examples across the state, yes. But I think that would be determined by law enforcement, the police officers who would be charging you. I think that would also be determined by the prosecutors that would be moving forward to prosecute you in the court system. I think what we’re trying to get at, Representative Black, in all seriousness, is it this is a serious situation. There has been individuals that have been pulled over by people that have been impersonating law enforcement. There have been rapists that have been found to have identification that didn’t… and people suspected they would be used to… used to impersonate law enforcement. So, we’re trying to get that… at this measure… at that problem with this.”
“And I can appreciate that. The only time I’ve only been tempted to say, yes, I am, there was… another driver and I were vying for the same parking space at a local supermarket here in Springfield. I thought I was there first, he thought he was there first. He got out of the car, I got out of the car, and he saw the lanyard and he said, ‘Are you a State Police officer?’ I was sorely tempted to say, ‘why, yes. yes, I am.’ Thinking it would get me the parking place. So, if I were to say that, but not take any action, then I’m… I’m not going to be held liable for impersonating a peace officer because…”
“I… I would say…”
“…the lanyard clearly says Illinois State Police.” 09400097.doc 113 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Representative, I would say ‘no’. Many people wear Chicago Police… Firefighters hats. When I play softball in the summertime, I play with some firemen. I have a Chicago Firefighters hat. Many people have shirts that say FBI, Chicago Police Department. There’s a definitive act of impersonating an officer…”
“All right.”
“…and that’s what we’re getting at in this.”
“So, it would be the act of impersonating to do something you’re not qual… you’re not legally able to do. So, there… there has to be something just besides saying, ‘why, yes. yes, I’m… yes, I am a firefighter or yes, I am a peace officer.’ You would have to go further than that and I…”
“The areas that we talk about in this increases penalties while committing a felony… attempting to commit a felony.”
“Okay.”
“So, this…”
Speaker Hannig: “So, Representative Black, your time has expired. Would you bring your remarks to a close.”
“All right. So, in other words, it isn’t the mere act of impersonating, it’s the act of impersonating while carrying out an illegal act.”
“At… attempting to commit a felony…”
“Okay. Fine.”
“…carrying a firearm…”
“All right.”
“…or pulling someone over to detain an individual.”
“Okay. Now, I understand. Thank you very much.” 09400097.doc 114 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Representative Sacia.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative Osterman, I have a question that goes to the core of your… your legislation. Why did you stop with just false impersonation? The question being, maybe more specifically, why didn’t you include in your legislation to make federal agents, peace officers in the State of Illinois and when I carry that question a step further to ask you if, when you send it over to the Senate, if you would consider discussing that with them?”
“Representative Sacia, I appreciate the question and in… kind of, bringing forth this measure and looking at it, I think the issue of homeland security officers. In the legislation it also deals with those federal agents and their ability to arrest people for committing state crimes. I would also, as we move forward, be willing to work with you and the Senate Sponsor on that to include homeland security officers. I think that probably specifying that would be something that’s important, making sure also and there have been cases documented that individuals are not representing themselves as homeland security officers, given the heighten awareness that we have in terrorism. So, I’d be more than willing to work with you in the Senate in dealing with that and specifying that a little bit more clearly.”
“If I may just add, my reason for bringing this up, as a retired FBI agent, we do not peace officer status in the State of Illinois. And as your legislation so aptly points 09400097.doc 115 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 out, very often we worked hand and glove, the FBI, the State Police, county police, municipal police, and the peace officer status is not all inclusive to federal agents and it is something that I wish you would consider and again, you've already indicated that we could discuss that. And I think it would be a great addition to your Bill and I would appreciate that and I’m certainly gonna support your legislation.”
“Thank you.”
“Representative Monique Davis.” Davis, M.: “Thank you. Will the Sponsor yield?”
“He indicates he’ll yield.” Davis, M.: “Currently, Representative, if a person impersonates a firefighter or if a person impersonates a peace officer and he carries a weapon, what is the current penalty?”
“For carrying a weapon, I believe, they would be charged with two separate offenses. One, for carrying… for impersonating a peace officer or a firefighter and a separate charge for illegal… carrying a firearm, if they’re illegally carrying a firearm. So, it’d be two separate charges. But… so, what we’re doing and in this one provision is to consolidate that and make it, I believe, a Class III felony.” Davis, M.: “So, it goes from a Class IV to a III. Is that correct?”
“No. What I’m saying is that there’s a new Section that consolidates what someone would be charged for. Currently, if someone has a firearm on them and they’re 09400097.doc 116 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 committing a violation of the Firearms Act while impersonating a law enforcement officer…” Davis, M.: “Okay.”
“…they would be charged for two separate things. In this legislation, we combined that. So, we put that in there. But we also increased penalties for aggravated false impersonation of a police… peace officer or firefighter while attempting to commit a felony from a Class III to a Class II. So, that’s someone that is using the false impersonation of an off… a law enforcement officer to commit a felony. So, that would be increased from a Class III to a Class II.” Davis, M.: “What’s the difference in those penalties?”
“A Class…” Davis, M.: “What’s the difference in the Class IV to the Class II?”
“A Class II is a 3 to 5 years, a 2-year…” Davis, M.: “Okay. Slow down now. The Class II, a person would be in prison 3 to 5 years.”
“Three to 7 years.” Davis, M.: “Three to 7 on a Class II?”
“And a Class III would be 2 to 5.” Davis, M.: “And what it currently is, is what?”
“Under the one Section of aggravated false impersonation of a peace officer while attempting to commit a felony it's a Class III and it would be moved to a Class II.” Davis, M.: “I’m looking at our analysis and it says a per… that a person that used an oscillating light would go…” 09400097.doc 117 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“That’s a separate Section. Let me get to that. That would go from a Class IV to a Class II. And that would be basically, let me be clear on that, that’s not just someone that’s flashing lights on their car, it’s someone who attempts to stop or detain an individual. There have been situations where people have pulled someone over using those lights to either shake ‘em down for money, potentially, ya know, do personal harm to those people. So, that’s why we’re moving it… increasing the penalties.” Davis, M.: “So, there has been an increase in those types of crimes?”
“There have been reports and the State Police has shown in the last 3 years in the Chicagoland area there’s been an increase in those numbers. And I think some media outlets have also shown some serious cases in that.” Davis, M.: “Are you familiar with the fact that the Governor plans to open another prison?”
“Yes.” Davis, M.: “Is this an attempt to make sure that prison is filled?”
“No. I would actually hope that individuals that maybe attempted to impersonate a law enforcement officer would see that this law’s on the books and would not do that. I think… I hope that this…” Davis, M.: “To the Bill.”
“…would deter… deter people from…” Davis, M.: “To the Bill, Mr. Speaker.”
“To the Bill.” 09400097.doc 118 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Davis, M.: “I’m gonna vote for this legislation with a great deal… well, I have great trepidation because my fear is as we increase penalties we also increase cost. If serving 2 or 3 years in prison hasn’t been a deterrent, I don’t think 4 or 5 years will be one either. However, I do realize what your intentions are, but I think we should be very careful when we consider increasing penalties on a Bill, because what it really means is a greater prison time and continuing to have overcrowded prisons. I will vote for your Bill this time, but I urge this Body to be very careful as we vote to extend prison time because we have an empty prison now and I’m sure there will be those vying to quickly fill it up. Thank you.”
“Representative Osterman to close.”
“I appreciate the comments and questions from Members of this Body. And again, this is not an effort to increase prisons. There is a serious issue that’s out there that’s being documented and I think that, as much as we can do to prevent people from impersonating law enforcement officers, it’s not just the act itself it’s the trust that’s built amongst the… the general public as well with people that are law enforcement. And I’d simply ask for an ‘aye’ vote.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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. 5340's out of the record. 09400097.doc 119 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Representative Giles, 5370. Out of the record. Representative Chavez. Mr. Clerk, read House Bill 5375.”
“House Bill 5375, a Bill for an Act concerning children. Third Reading of this House Bill.”
“The Lady from Cook, Representative Chavez. Excuse me. The Lady wishes this to be out of the record. Representative… Okay. Representative Krause, you’re next with House Bill 5388. Mr. Clerk, read the Bill.”
“House Bill 5388, a Bill for an Act concerning government. Third Reading of this House Bill.”
“The Lady from Cook, Representative Krause.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I present House Bill 5388 which amends the Illinois Administrative Procedure Act in two areas as it applies to regulation of small businesses. One of the changes is that prior to the adoption of any proposed rule that the… which could have an adverse impact on small businesses, the agency which has prepared the rule shall now pre… also prepare an economic impact analysis. And then it does say in the proposed legislation the following items which they are to consider. Currently, the statute does provide for an analysis that has an adverse affect, but it’s at the discretion of DCEO. The second part of the legislation provides that within 4 years of their adoption of any rule the agency shall proceed to review the agency rules, existing at the time, to determine whether or not they should be continued without change, amended, or rescinded. These are the two additions now to the Act with the goal being to assist small businesses, in particularly 09400097.doc 120 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 with the concerns over regulation. Be pleased to answer any question. I ask for your support.”
“Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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 5524.”
“House Bill 5524, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“Representative Dunkin.”
“Thank you, Mr. Speaker and Members of the House of Representatives. House Bill 5524 extends the film production… the tax credit for the film Bill. And I would ask for a favorable vote.”
“Okay. The Gentleman has moved for the passage of House Bill 5524. And on that question, the Gentleman from Bond, Representative Stephens.”
“Gentleman yield?”
“He indicates he’ll yield.”
“Representative, the Governor… You with me?”
“Yes.”
“The Governor was here last week or the week before and he talked about 15 thousand jobs created by the… in the film industry in Illinois that he created last year. Are you comfortable with that number?”
“That…” 09400097.doc 121 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Or is Representative Franks comfortable with that number? Mendoza?”
“Ya know, the… there is a… an audit being done right now. I haven’t had a chance to review all of the numbers. I’ve heard… I’ve heard… seen those numbers and heard those numbers, as well. I know it’s… it’s tremendously high as it relates to the film legislation over the last several years.”
“Well, the… the Governor talked about he says that he… created 90 thousand new jobs last year. And of those 90 thousand new jobs, he claims that 15…”
“Ninety thousand new jobs?”
“Ninety thousand, that's what the Governor says…”
“I don’t…”
“…15 thousand of which were in the film industry. Now, I wonder if… were those full-time jobs or do ya… when ya hire somebody, is it ya pay ‘em by the hour or are ya pay ‘em by the movie. Are those full-time jobs?”
“As it relates to the film industry, those jobs are contingent upon the production time that it takes to do… shoot a commercial, shoot a television series…”
“Sure.”
“…to shoot a…”
“Well…”
“…feature film. So, they can be part-time, they can be full-time, depending on their schedule because they can anywhere from two days to two months depending on the…”
“The fact of the matter is, Representative…”
“…the amount of time dedicated.” 09400097.doc 122 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“To the Bill. The… the Governor is laying claim to thousands of jobs that he created that they actually don’t even exist. The… he has no record that he can lead us to that tells us where those 15 thousand jobs are, if they were one-day hires and he takes credit for saving the economy of the state. This is the same Governor, by the way, who… who put us in this terrible budget position that we’re in, because if you vote for this year’s budget that means that you’re endorsing the ruination of the pension systems and every Legislator who supports this Governor’s budget is saying to the people of his district or her district, we’re very comfortable with where the pension is… pension system is.”
“Representative Biggins.”
“Yeah. Thank you, Mr. Speaker. Will the Sponsor yield?”
“Indicates he’ll yield.”
“Representative, could you just explain what the Bill does after being… is enacted and becomes law?”
“This Bill is a tax credit that provides a $25 thousand wage cap for bills… excuse me… 25 percent on a… the first $25 thousand that an individual who is a resident of the State of Illinois earns. And if they are allowing a diverse staff for hire, they can potentially… if they live in a particular zip code throughout the state, where it’s been impoverished or a history of impoverish, based on the census of 2000-2001, there would be an additional 10 percent tax credit.” 09400097.doc 123 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Thank you. Now, a tax credit is going to inspire hiring?”
“A tax…”
“Is that what creates jobs means? Is it inspires con… somebody to hire people.”
“This tax…”
“Is that right?”
“This tra… tax credit is an incentive to have business come here… film business, in this particular case, to our great State of Illinois and to do film production all across the State of Illinois for commercials, for short films, for feature films, anywhere in the state. So, that’s what we’re trying to do. The intent of this law is incent… business to come to the state and as a result we’ve seen that… we’ve seen that happen throughout.”
“So, then you’re stating that tax credits, tax cuts, create jobs?”
“A tax in… a tax incentive, a tax credit, in this case, has created jobs. You’re absolutely correct.”
“Well, thank you. And that might have been done for the movie Chicago for instance, but I believe it was filmed in Toronto. It didn’t get filmed in Chicago.”
“Unfortunately, you are correct.”
“And Wisconsin's built the movie studio resembling the City of Chicago… on its… on our borders to the north…”
“Absolutely.”
“…trying to entice us to bring business… or them to bring business away from us to their state.”
“Yes, they have.” 09400097.doc 124 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“So, we’re gonna use the idea, the concept, that tax cuts which the President has amply shown with his massive tax cuts at the federal level and the thriving economy that this country has, all the states around us have a better one than we do ‘cause we have higher taxes. But this… these… this formula…”
“Yes.”
“…seems to work very well and this particular industry is one that you use it for. Maybe you could join some of our Republican colleagues and take this idea of tax cuts and incentives to create more jobs for other industries besides just the motion picture industry. Would you be willing to take a look at that some day?”
“I’m willin’ to take a look at anything that’s gonna help sustain tax credits… tax credits, to help incent… businesses, production, to come to our great State of Illinois and put people to work. I would love to take a look at something along…”
“I’m happy…”
“…along those tax credit lines.”
“Thank you, Representative. I’m happy to join… I’m happy to vote for your Bill and I’m happy that you have that line of thinking and keep ‘er goin’.”
“Thank you, Representative.”
“So, on the Order of Standard Debate, we’ve now had Representative Stephens and Biggins speak in response. Representative Black, you’re next. Would you like to speak in favor or in response?” 09400097.doc 125 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Thank you, Mr. Speaker. I’m not sure. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, as you know, you and I met some years ago back in my office and we discussed this. I shared with you that a movie had been filmed in my hometown and it was an economic boost and I supported your efforts. But let me get to the crux, I think, of this issue. Can you give me your word that this Bill will not be used as a vehicle to increase the current 25 percent tax credit that exists in current law?”
“I’m trying to understand your question.”
“We’re repealing the sunset date rather early. The Governor mentioned in his budget address, specifically, film production, television production, and he also mentioned specifically that neighboring states have now given more incentives than we currently give. I just want some… some word from you that you’re not going to turn this Bill into a vehicle Bill in the Senate and it comes back to us with a 45 percent tax credit against adjusted gross wages rather than the current 25 percent.”
“Ya know, at this point, I’m not a… I’m not able to, first of all, I can’t determine what the… what the Governor’s intentions are, but I do know that we are in a very competitive environment nationwide not only just with other countries but with other states that are actively pursuing business here. For example, about three weeks or so ago we had a huge multimillion dollar Disney product… excuse me… production that was scheduled to shoot here in 09400097.doc 126 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 the State of Illinois that would have put at least several hundred individuals to work. And so, the State of Massachusetts, they came up with a tax incentive not only identical to ours but they raised the bar in terms of various incentives… incentives, perks, et cetera, for their respective state and they lured, they took, they attracted, they drew, they brought in, they stole that major Disney production to their state within a relatively short period of time because this state has really set the tone for attracting new business. We’ve gone from $25 million in 2002 to 90 million. Just last year, once the numbers are all in, we’re gonna be well over $100 million in film production benefits and moneies, the resources that were spent here, in this great State of Illinois. And all that’s broken down by the Illinois Department of Labor. So, I really can’t… can’t say 100 percent for certain what’s gonna happen when it goes over to the Senate, but you have to keep in mind, my intention is to further the film industry here in the great state. Many of my colleagues here, you, yourself have… has every year have been a part of this legislation and helped us move it forward. And I think, at the end of the day, that’s what most of us here are about. We’re here to help benefit the citizens in this great state of ours.”
“Well, with that glowing… with that glowing answer, which I’m not sure answered my question, but it was a very good response, why don’t we just do away with the sunset date altogether? Are you gonna put another sunset date in the Bill?” 09400097.doc 127 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“That the… over on the Senate side there's a great deal of concern with having this as a multiyear. About 3 years ago, when this… when we first introduced this Bill, we put in there that we would look at this on a year-to- year basis. I think the industry, ideally, would love to have multiple years of tax incentive, but at this point I’m not exactly sure, ya know, how we’re gonna pursue it given there are some other dynamics that exist, that we need to work out within the industry itself. But first things first we need to try to sustain what we have and try to become more competitive to bring that boatload of money and resources that comes along with the production to this state.”
“Well, Representative, let me try one more time to get at what I think is the root of the issue. Can you give me a reasonable assurance that if the Governor decides he can unilaterally raise this tax credit… What… what is you position on that? Do you think we have to approve an increase in this tax credit or do you think the Governor can increase it unilaterally without General Assembly consent?”
“It’s my intention on it and understanding that…”
Speaker Hannig: “Representative Black, your 5 minutes have expired. Would you like to bring your remarks to a close, please.”
“Well, Mr. Speaker, my questions were about 1 minute worth and the answers have been 4 minutes worth and I still don’t know what the answer was. So, yeah, I… I’ll bring it to a… if he’ll just answer this one question for me, I’ll be glad to sit down.” 09400097.doc 128 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“So, Repre… Rep…”
“All I want from him…”
“Restate your question and we’ll have him answer it.”
“Okay. Thank you. The question is, will you give us assurance that if the Governor decides he doesn’t need your Bill, he’s going to increase the current 25 percent tax credit to 45 percent and have a big press conference with all the stars in Hollywood, all the stars of Brokeback Mountain, all the really big movies today and he’s gonna say, ‘I’m gonna raise it to 45 percent and I don’t need the General Assembly to approve that. I’m just gonna do it by Executive Order.’ We want some reasonable assurance that you, as a Legislator, will say, ‘Wait a minute. I passed the law and I don’t think you can do that and that will have to come back to the General Assembly for their action to increase this tax credit.’”
“My answer to that, Representative, as Sponsor for the last 3 years, yes.”
“That’s all I wanna know. We will mark the file and we will hold you personally responsible and I know your word is good. Thank you.”
“Thank you.”
“Okay. So, Representative Stephens, Biggins and Black have spoken in response. Does anyone wish to speak in favor of the Bill? Representative McGuire.”
“Thank you, Mr. Speaker. Yes, I would like to rise and… and be brief in support of the Bill. I’ve been a Member of the Tourism Committee here in the House, I guess, 09400097.doc 129 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 since the Tourism Committee was first established a few years back and I support the young man and he has been the one who has brought the film making back to Illinois. And not only to Illinois, but to pretty much to Joliet. Of course, I’m a hometowner, I’m always pushing Joliet. The film Prison Break was just filmed in Joliet. And who could forget The Blues Brothers. There are things other than the film being made at the prison in Joliet or wherever it is in the State of Illinois, it brings jobs. The people who work there also go to the restaurants to eat. They stay overnight in motels. They’re there for months, they’re there for weeks. They spend money. And out… and not only brings these things to Joliet, it brings these things to the State of Illinois. And a few years back we were losing ground to not even other states it was other countries. They were going to Australia and other countries to film. So, I think we have to do whatever we can to keep these filmmakers coming back to Illinois, coming back to Joliet or wherever in Illinois and keep making films in Illinois. Thank you very much.”
Speaker Hannig: “So, the rules of debate provide for one additional speaker in favor. Representative Saviano.”
“Thank you, Mr. Speaker and Members of the House. If you go back, I was the original Sponsor of this Bill when this concept was brought to us and I… just to simplify things, this Bill isn’t that complicated. I do wish that we could have a longer period of time to offer this tax credit without sunsets and even make it permanent and Representative Black brought that up and it was a good 09400097.doc 130 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 point, because it takes so much time to develop a film, looking for location, all that. And I… and I feel that this is… this is a great first step, but we need to make this permanent. It has worked. The evidence is there that it has worked. We had lost a lot of production business in the city to states like Maryland and… and cities like Toronto. We’re bringin’ ‘em back now with this Bill. And Representative Dunkin did a good job explaining it, but it’s plain and simple. This is a very unique tax credit. It’s a… it’s a tax credit where if we’re not offering this, we’re not getting the jobs, we’re not getting the revenues and this is important… very important to the City of Chicago and surrounding communities, but it’s also very important for the state. So, I stand in support. I would urge you to vote ‘aye’.”
“Representative Dunkin to close.”
“Thank you, Mr. Speaker and Members of the House and all of those who have been sponsoring this legislation over the last several years. This legislation simply sustains us at a level where we are attracting film business here, at the commercial level, at the feature film level, the short film level and it’s something that we’ve proven successful. And it’s been a bipartisan effort. It’s value-added that we’ve… we’ve done for a tremendous amount of employees who do a number of things here in this state. It gives folk a new opportunity and a continued opportunity to be in the workforce and to be in the craft that they enjoy and respect and love. And this is one of the steps as Representative Saviano so eloquently pointed out who is… who was and is one 09400097.doc 131 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 of the original Sponsors here who brought this here years ago before I even came here and so, I wanna thank you for that, Representative Saviano. But this is the right thing that Mem… many of our Members here look forward to doin’ in bringing something of substance to our great State of Illinois. So, I’m lookin’ forward to all of our support and for us to continue to bring business here to this great state. Thank you. I would ask for an ‘aye’ vote.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 107 voting ‘yes’ and 6 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lang, for what reason do you rise? On page 9 in the Calendar, we’re going to return to House Bill 4125. Representative Flowers, 4125. Mr. Clerk, read the Bill.”
“House Bill 4125, a Bill for an Act concerning insurance. Third Reading of this House Bill.”
“The Lady from Cook, Representative Flowers.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4125 becomes the Bill and it deals with the recommendation of autism. It expands the coverage for the Insurance Code with respect to the mental health parity and the provision requiring coverage for certain serious mental illnesses under these terms. And basically, what this Bill would require is 20 additional outpatient visit for speech therapy and this is agreed to legislation. I’ll 09400097.doc 132 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 be more than happy to answer any questions you have regarding the legislation.”
“Is there any discussion? The Gentleman from Cook, Representative Parke. Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Yes. I have a list of probably 15 groups that are opposed to the Bill. Did you say it was an agreed Bill?”
“Yes, Representative, it was agreed to with the people that I was working with.”
“Representative, come on. Representative…”
“Excuse me.”
“…don’t you wanna correct that statement…”
“The, I…”
“…and say it’s not agreed Bill. That there are peop… many people in opposition to the Bill.”
“Oh, but Representative, what you have to understand if they are in opposition I was not aware of it. The on…”
“Didn’t they file slips in committee against it?”
“The…”
“Didn’t they testify in committee against it?”
“Larry Barry with the insurance...”
“Well, then it’s not agreed, is it?”
“Excuse me, excuse me, because the Bill was amended with his Amendment. And he said… Oh, well, you have to understand, Representative, that technically they agreed, but it’s his language that I put on the Bill. And…"
“Now, it was my understanding that there are people who do not agree and you said here, 'the Sponsor’s agreed to 09400097.doc 133 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 hold the Bill on Second Reading to work further with the opposition.' Have you done that?”
“And Representative, on the original Bill I did just that and that’s the reason why Amendment #2 becomes the Bill because we… we made the difference that the insurance industry wanted us to make for clarity purposes. And as a result, what you see is what you get.”
“Well, it is our understanding that certainly you have worked to some degree with some of the people who are in opposition, but there are still a good group of people that stand in opposition because of the additional cost to the health care systems of especially small businesses. Now, this addresses those with 50 or less employees? Or 50… it excludes 50, so this is 50 or more employees.”
“Right. Absolutely.”
“All right.”
“Now, Representative, you know this is not the original Bill. The original Bill is… this Amendment has changed drastically and it only deals with the… the number of outpatient visits for speech therapy for children who are in need. And studies have shown that if intervened early and often in regards to speech therapy, that these children… it helps to improve their behavior. And surely you cannot be against speech therapy for the treatment of autism, especially if it may offset the future costs of… if they don’t have it. So, it’s really a lot cheaper, Sir, if we would offer this in the long run and once again, studies have been proven that …studies have proven that with more 09400097.doc 134 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 speech therapy the treatment would enable… will improve their behavior drastically.”
“Well, my it's understanding that Representative Lang had a Bill that passed out of here earlier this Session that increased the… the very patients that you’re talkin’ about for 35 mandated visits and that this is another 20 on top of it.”
“Excuse me. Rep… Representative… Representative, may I say this to you, please?”
“Well, I would like you to.”
“You’re discussing Representative Flowers’ Bill. Now, when Representative Lang’s Bill comes up, you can discuss his Bill with him. So, would you please stick with House Bill 4125 because…”
“You would… you would think that that would be the case…”
“…I don’t have that Bill in front of me, Sir, and that’s… I’m not the Chief Sponsor of that legislation.”
“Thank you.”
“You’re more than welcome.”
“But I’d like to point out to the Body that Representative Lang had a Bill that increased 35 mandated outpatient visits that is now in the Senate. This is another 20 on top of the 35 that is there. The problem that we’ll face here… To the Bill, Ladies and Gentlemen. The problem is pretty simple. We continue to mandate on the business community of the state. Now, who would say and we have an increase in autism in this…”
Speaker Hannig: “Representative Parke, your 5 minutes have expired. Would you bring your remarks to a close.” 09400097.doc 135 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“We have an increase in autism in this nation and we don’t know why and there are these needs. But ya know, we still need the business community to be able to pay… provide health care. And every time we continue to mandate these kind of costs onto the business community, whether it’s small business or big business, it means that we have less growth in the economy, less jobs and this continues to be a burden on the business community. And I know that these are all worthwhile ideas and I know my colleagues think that this is important and to some degree it is, but one day when you have no health insurance or very few people with health insurance and you’re gonna say, ‘Woe is us. How did that happen?’ Well, this is a prime example of how it happened.”
“Representative Feigenholtz.”
“Ladies and Gentlemen, I rise in strong support of this Bill. I… I don’t know how many of you have had visits over the last few years from parents of children with autism, but I will tell you honestly that what Representative Flowers is doing is going to end up saving the State of Illinois money. Anyone knows that a child with autism if ca… if diagnosed and treated early, can very often be mainstreamed into classroom work instead of having to have specialized care the rest of their lives. I have an unbelievable program in my district. I’d be glad to… and I know I’ve invited Representative Bellock and a couple of other people to take a tour of this place, but it’s amazing. And a lot of our parents are impoverishing themselves. They’re selling their homes, they are having to quit their jobs and their lives are… are really stressed out because 09400097.doc 136 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 they’re going… they have to pay exorbitant out-of-pocket expenses because insurance companies consider treatment for this habilitative instead of rehabilitative. This is a Bill that is long overdue and we should all support it. And I’d like to commend the Sponsor for all the hard work she’s done.”
“Representative Bellock.”
“Thank you very much, Mr. Speaker. To the Bill. What this Bill does is to allow 20 more visits for children who suffer from autism or Asperger’s Syndrome to have speech therapy. And if you had sat through the series of hearings that we sat through, that Representative Daniels had, six and a half hours we sat. We listened to 65 different groups and parents talk and this was the number one issue that they spoke about was speech therapy. One couple moved here from New York state just to come to a doctor in Naperville only to find out that in New York state they had speech therapy 30 minutes a day four days a week or five days a week. They came to Illinois and found out they had 20 minutes of therapy one day a week. Speech therapy is the number one issue to help younger children, especially at a younger age to develop speech. These are children that maybe would never, ever speak. I would ask you to support the Bill.”
“Okay. We… we’ve had three speak in favor and Representative Daniels will be recognized to close. Okay.”
“Ladies and Gentlemen of the House, this is a series… a piece of a series of legislation dealing this year with the subject of autism and it’s a most critical issue that we face right now. As you’ve heard other speakers talk, one in 09400097.doc 137 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 every 166 births in this state suffer from some kind of autistic brain disorder. I can think of nothing more important that we’re doing during this Legislative Session than to address issues like this. I commend the Sponsor of this Bill because what this Bill does is address one of the most critical problems, that’s the issue of speech therapy. Many children who are diagnosed as having autism or Asperger Syndrome or another pervasive developmental disorder are not receiving an adequate amount of speech therapy. What this does is mandate that there should be 20 more outpatient visits for children with pervasive developmental disorders. Twenty more visits, now, that and in itself is also inadequate, but it’s a step in a continued step. Later on, you’ll have a chance to talk about and to vote on legislation dealing with Olmstead and housing for developmentally disabled people. You’ll have an opportunity to vote on other autism Bills which would provide increased services, but this requires employers to help their employees. These are people that work for you, for me, for a betterment of Illinois. That all we’re saying right now is, please, be part of this movement forward to treat people that need this government’s help. We’ve excluded businesses of 50 or less, so we’re taking care of the small business owner. I know this is a mandate and generally, I haven’t favored that, but in this case, it’s absolutely essential. Just listen to the cries and the tears of the parents that are trying to help their loved ones to achieve some of their dreams. Mary Flowers, once again, you’re on the cutting 09400097.doc 138 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 edge. Let me congratulate you. Please, please help us with our most vulnerable population and vote ‘yes’. 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. Returning to page 12 of the Calendar is House Bill 5288. This has been read a third time, previously. Representative Mendoza. Representative Mendoza.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Going back to 5288, is simply a reporting document for knowing exactly what the DNA backlog is. I would ask for your support.”
Speaker Hannig: “Is there any discussion? Representative Durkin.”
“Thank you, Mr. Speaker. Representative Mendoza, I was unfortunately engaged. Could you repeat what… your last comment?”
“Is my mike workin’? Okay. Sorry about that. Yeah. I just mentioned that it was a… the Bill that I pulled out of the record regarding the proper accountability of what the DNA backlog is. Your request was regarding DNA that might be in the possession of the labs that could be out- of-state, not necessarily in the possession of the Illinois State Police or the local municipalities. I have no problem 09400097.doc 139 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 with that. We’re looking forward to amending that in the Senate.”
“I’m sorry. Do you have a problem with that?”
“No. No problem with that.”
“Oh, you don’t. Okay.”
“Yeah. None at all.”
“Good. ‘Cause I… as I said earlier, if you wanna get a complete picture of what the backlog is, ya have to include in the private labs who are receiving the subcontracts from the Illinois State Police to do the… the database work but also the actual live cases that there… that are in the system. So, we’ll pass it out, amend it over in the Senate, bring it back for concurrence. Thank you very much.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Howard, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise on a point of personal privilege.”
“State your point.”
“Thank you. I’d like you all to welcome three wonderful people who makes certain that that great university within my district operates. Please welcome, Dr. Elnora Daniel, President; Dr. Beverley J. Anderson, who is the provost; and Dr. Erma Brooks Williams, who is governmental affairs.” 09400097.doc 140 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Welcome to Springfield. And Representative Holbrook, for what reason do you rise?”
“Thank you, Speaker. A personal privilege.”
“State your point.”
“I’d like to announce that this is tourism week here in Springfield and they’re all meeting here. I believe, they’re over at the Hilton this week and many of you have your local tourism boards here. I’m blessed with one of the finest in the State of Illinois and I have my Belleville tourism group and the director, Cathleen Lindauer, sitting right up to our left up here. If we’d like to greet ‘em today. Thank you.”
“Welcome to Springfield. On page 9 of the Calendar is House Bill… Excuse me. Representative Rose, for what reason do you rise?”
“A point of personal privilege.”
“State your point.”
“Many of you know we had a minor setback last night in Illinois basketball and I just wanna blame Randy Ramey, overly aggressive, overly aggressive.”
“On page 9 of the Calendar, Mr. Clerk, is House Bill 2150. Would you read the Bill, please. So, Representative Soto, we’re advised that the Rules Committee has… has sent an Amendment out for your… for this Bill. Is that correct? So, at this time we need to move the Bill back to the Order of Second Reading. Then, when we get to Second we can adopt your Amendment. Okay? So, Mr. Clerk, move this to Second Reading at the request of the Sponsor. Clerk, read the Rules Report.” 09400097.doc 141 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
Clerk Bolin: “Representative Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on February 22, 2006, reported the same back with the following recommendation/s: 'direct floor consideration' of House Bill 2067 which is placed on the Order of Second Reading; Amendment #2 to House Bill 2150 ‘approved for consideration’, Amendment #2 to House Bill 4161 ‘approved for consideration’, Amendment #2 to House Bill 4298 ‘approved for consideration’, Amendment #3 to House Bill 4758; ‘approved for consideration’, Amendment #3 to House Bill 4955 ‘approved for consideration’, Amendment #2 to House Bill 5349 ‘approved for consideration'.”
“On page 11 of the Calendar, Representative Dunkin, you have House Bill 4657. Mr. Clerk, would you read the Bill.”
“House Bill 4657, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Dunkin.”
“Thank you, Sir. Thank you, Mr. Speaker. House Bill 4657, it authorizes the Secretary of State to suspend or revoke the registration of any vehicle if the owner of the vehicle is in violation of the… of a federal motor carrier safety regulation. This is an initiative of the Secretary of State's. And I would offer and ask for an ‘aye’ vote.”
“Is there any discussion? The Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” 09400097.doc 142 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Indicates he’ll yield.”
“Our notes show that you’re supposed to have some kind of an agreement with the Mid-West Truckers. Has that worked? Have you done that yet?”
“Ya know, they were supposed to talk with… what… the short answer to that is… is ‘no’. But I didn’t… but I didn’t agree to an agreement. They were supposed to talk with the Secretary of State’s Office, but I haven’t heard anything back from them.”
“Well, it’s our understanding here that the Mid-West Truckers are not opposing legislation, but are working with the Sponsor on amendatorily language. And you’ve worked that amendatory language out?”
“I have not, Sir. They were supposed to talk to the Secretary of State’s Office.”
“Don’t you think that… that you should really pull the Bill and check with them and just find out? You made it…”
“I can do that. That makes sense to me, Representative.”
“Thank you. I appreciate that courtesy.”
“Thank you.”
“Okay. So, out of the record at the request of the Sponsor. Okay. We’re gonna go to page 2 of the Calendar, the Order of House Bills-Second Reading where a Amendment has come out of Rules of… or where there are no problems with notes. We will call those Bills and give Members an opportunity to advance the Bills. At the top of the list, Representative McGuire, you have House Bill 280. Do you wish us to move that to Third? Out of the record. 09400097.doc 143 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Representative Joe Lyons on House… Out of the record. Representative Phelps. Out of the record. Rep… Representative Flowers on 2548. Okay. Out of the record. Representative Joe Lyons on House Bill 4161. We’re advised the Amendment has come out of Rules, Representative. It She Amendment is out of Rules. It’s… so, Mr. Clerk, read the Bill.”
“House Bill 4161, a Bill for an Act concerning land. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Lyons, has been approved for consideration.”
“Representative Lyons.” Lyons, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #… Floor Amendment #2 to House Bill 4161 adds to the Bill the Chicago Park District to assume the rights to develop property that’s seen… that’s deemed excess by the State of Illinois and the Dunning property in my district. So, instead of just giving the City of Chicago the option to purchase this property, it also extends it to the Chicago Park District. I’ll certainly explain the entire Bill at Third Reading.”
“Is there any discussion? Representative May? Okay. Then no discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. Any further Amendments?”
“No further Amendments.”
“Third Reading. Representative May, for what reason do you rise?” 09400097.doc 144 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Yes, Speaker, for an announcement. Doug Scott, our secretary of the EPA, is in the Speaker’s Conference Room to answer questions for Members of the Environmental Caucus. He’s there now if you’d like to see him. Thank you.”
“Representative Schmitz, on the top of page 3, you have House Bill 4197. Out of the record. Representative Brady, 4203. Second to Third. Out of the record. Representative Bassi on House Bill 4209. Out of the record. Representative Beiser on 4296. Out of the record. Representative Vo… Verschoore. Okay. Out of the record. Representative Black on 4301. Out of the record. Representative Sacia. Out of the record. Representative Pritchard, you have 4322. Out of the record. Representative Collins on House Bill 4338. Do you wanna move it to Third? Mr. Clerk, read the Bill.”
“House Bill 4338, a Bill for an Act concerning public health. Second Reading of this House Bill. Amendment #1…”
“Okay. Out of…”
“…was adopted in committee.”
Speaker Hannig: “Out of the record, Mr… Mr. Clerk. Representative Jefferson on 4342. Out of the record. On page 4 of the Calendar. Representative Lang. Representative Pihos on 4385. Out of the record. Representative Churchill, 4391. Out of the record. Representative Sullivan, 4405. Representative Miller, you have House Bill 4414. Representative Miller, do you wish to call this from Second to Third? Out of the record. Representative Bost on 4444. Out of the record. 09400097.doc 145 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Representative Beiser on 4451. Out of the record. Representative Joyce, 4457. Out of the record. Representative Sacia, you have, on page 5 of the Calendar, 4521. Out of the record. Representative Bellock, 4523. Representative Bellock, do you wish us to read 4523? Out of the record. Representative Phelps, 4525. Representative Phelps. Out of the record. Representative Hoffman. Representative Verschoore on 4534. Out of the record. Representative McAuliffe. Representative McAuliffe on 4546. Out of the record. Representative Munson, 4604. Okay. Out of the record. Representative McCarthy, 4614. Out of the record. Representative Gordon on 4662. Out of the record. Representative Turner. Representative Jenisch on 4680. Out of the record. Representative Kelly on 4715. Out… Representative Golar on 4727. From Second to Third, Representative? Do you wish us to read this on Second? Okay. Let’s go back and see if Representative McCarthy wants to move either of his Bills. 4614 or 4652? Out of the record. Representative Golar, did you say that you wish to move 4727? Mr. Clerk, read the Bill. 4727 from Second to Third.”
“House Bill 4727, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Golar, has been approved for consideration.”
“Representative Golar.”
“Thank you, Mr. Speaker and Members of the House. The Amendment… well, basically, I just wanna talk about the Bill itself. The Bill itself is to extend… expand the powers of 09400097.doc 146 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 the ICC in regards to the present statute. Yes, it is. It’s an Amendment. House Bill 427 (sic-4727), as Amendment, provides that the Illinois Commerce Commission may suspend or revoke the permit of a relay locator, operator or dispatcher of the holder of the permit fails to make a compelling showing that they are fit to hold such. Such a showing is required when the holder has violated an enumerated regulation within the Illinois Vehicle Code. There were some problems in… in regards to the word ‘unfit’ and that’s what the Amendment addresses.”
“So, the Lady moves for the adoption of Floor Amendment #1. Is there any discussion? Representative Bost.”
“Is this just… just for clarification sake. This is the Lady’s first Amendment on the first Bill?”
“It sounds like it, Representative.”
“Okay. I… Ya know…”
“They’ve ma…”
“…things had kinda gotten quiet around here and I just, ya know, would hate to see something just kinda slip through like that without the rest of us realizing the importance of something that does… and this deals with tow truck drivers? Well, first off, will the… will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, this Amendment deals with the tow truck drivers?”
“That is correct. And currently, an operator or dispatcher who repeatedly violates the provision of the Illinois Vehicle Code is convicted of serious criminal 09400097.doc 147 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 offenses may continue to hold a valid employment permit. So, it just ex… expands the powers of the ICC presently.”
“So, you’re giving more power to a government agency?”
“That is correct.”
“Oh. Do you not feel that there is plenty of power given to our existing agencies now?”
“I’m sure it is, but this right, presently, under the statute it says it only gives them powers if the tow dispatcher or operator falsifies his application, actually works on a suspended license or the operator or dispatcher has been convicted during the preceding 5 years, theft of property, sexual assault. This Bill expands the powers of operators that actually commit other crimes.”
“Well, when you… when you say that the tow truck… or tow truck driver or dispatcher lies on their application, what would they lie about, their number of times they've went out and picked up somebody or their inability to operate the winch or maybe they’re not… not qualified for a… for a tow truck. What would they be lying about?”
“Oh, they could lie about maybe their age. They could lie in…”
“Well, now, Representative I… lying about their age… I… I know that there… there’s… I find that as I get older sometimes it really isn’t lying, it’s just, ya know, not really wanting to pay attention to what has happened over the years. Are we talkin’ about something like that?”
“Well, I would say in terms of saying that maybe… many people, when they apply for a license, they might say that 09400097.doc 148 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 they had experience in doing this type of work before and they falsify that.”
“Well, would they… would they lie about their weight?”
“About their what?”
“About their weight?”
“Well…”
“I mean, I… some people lie about their age, but some people lie about their weight. Would… would that… would that…”
“Well, I don’t think the weight would have… have much to do with this particular provision.”
“Well, now, wait a minute. We’re talkin’ about tow trucks here. We… we register different tow trucks based on weight classifications.”
“Oh, you do.”
“Well, sure we do. But, ya know, that we have…”
“Well, I didn’t know that.”
“…we have trucks and we… it’s about weight classifications. Suppose they lie about their weight? Is… is that the type of lying we’re talking about?”
“I wouldn’t say so.”
“Well, Representative, I… I know that you’re wanting the Amendment on and then we’ll deal with the Bill, but I… I just didn’t want anyone to… to… Ya know, when somebody comes in here with their first Bill… well, their first Amendment to their first Bill… ya know, it’s very important that we need… we need to know that you understand where you’re going with the Bill and so, if we’re gonna stop people lying about tow trucks, in this particular Bill, and 09400097.doc 149 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 give more power to a government agency… I… I don’t know. I’ll just have to kinda weigh out and see what happens.”
“Thank you.”
“Representative Black on the Amendment.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, I just have one question. In the under… in the original Bill… and I just wanna make sure this has been corrected, you’ll recall in committee on line 29, on page 1, it says, ‘the operator or dispatcher has otherwise demonstrated that he or she is unfit to hold an operator or dispatcher permit.’ And as you’ll recall in committee, we had a lengthy discussion about, well, what does it mean they’re ‘unfit’. Now, is that… is that lack of definition corrected in the Amendment?”
“Yes, it is.”
“All right. Will you bear with me, now? Could you show me the line or tell me the line in the Amendment where that’s corrected?”
“Four and 5.”
“I’m sorry. What line did you say?”
“Four and 5.”
“Okay. Now, I’m looking at line 4 and 5 in the Amendment, and all that’s there is…”
“Has been convicted of a felony and violated during the previous 5 years, this chapter, ICC regulations or orders or any other law affecting public safety.” 09400097.doc 150 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Okay. Now, that appears on our Amendment on page 2 line 7. Are we looking in the wrong place?”
“Beg your pardon?”
“What you just read, on… on our copy appears on page 2 of the Amendment, line 7. The operator or dispatcher has during the preceding 5 years been convicted of any felony, et cetera. And you said 4 or 5, so that… that’s what was confusing us.”
“Wait a minute. Where is it at? Representative Black, that would be on the second page ‘(d) The operator or dispatcher…’”
“Right.”
“…has…”
“Okay. So, line… line 7 on page 2.”
“Right.”
“All right. So, you’ve taken that vague definition of ‘unfit’ out of the Bill?”
“That’s correct.”
“Okay. Fine.”
“And that’s…”
“And… and the Motion before us is to approve your Amendment?”
“That’s correct.”
“All right. Thank you, Representative. And let me commend you on keeping your word.”
“Yes.”
“You said you would address that by Amendment and you have done so. I commend you for keeping your word. Thank you very much.” 09400097.doc 151 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“You’re welcome. Thank you.”
“Any further discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments.”
“Third Reading. On page 6 of the Calendar, Representative Golar, you have House Bill 4739. Do… do you wish to move that to Third Reading? Okay. Mr. Clerk, read the Bill. Read the Bill or out of the record? Read the Bill. Read the Bill, Mr. Clerk.”
“House Bill 4739, the Bill’s been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Will Davis, you have House Bill 4758. Okay. Out of the record. Representative Nekritz on 4782. Okay. We can come back to that one at a later time. Representative Brosnahan, 4785. Out of the record. Representative Molaro on 4799. Out of the record. Representative Flider on 4832. Out of the record. Representative Saviano on 4835. Out of the record. Okay. Representative Osterman wishes us to read House Bill 4853. Mr. Clerk, read the Bill.”
“House Bill 4853, a Bill for an Act concerning health. Second Reading of this House Bill. Amendment #1 and Amendment #2 were adopted in committee. No Floor Amendments. No Motions filed.”
Speaker Hannig: “Okay. So, let’s hold that on Second. Representative Lou Jones on 4885. Out of the record. Representative McAuliffe, you have… at the top of page 7, 09400097.doc 152 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 4890. Out of the record. Representative Rich Myers, 4902. Out of the record. Representative Graham on 4937. Okay. Out of the record. Representative Joyce on 4955. Mr. Clerk, read the Bill.”
“House Bill 4955, the Bill’s been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #3, offered by Representative Joyce, has been approved for consideration.”
“The Gentleman from Cook, Representative Joyce.”
“Thank… thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment 3 simply addresses the allowing of specialized programs to continue at the two high schools, Morgan Park and Bogan High School, for students who don’t live in the district.”
“Is there any dis…”
“I move for its adoption.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. Any further Amendments?”
“No further Amendments.”
“Third Reading. Representative Smith on 4965. Out of the record. Representative Scully on 4977. Representative Scully on 4977. Out of the record. Okay. On page 8 of the Calendar, Representative… Representative Molaro, you have 5227. Out of the record. Durkin on 5241. Representative Durkin, do you wish us to read this on Second? Out of the record. Representative Kelly on 5244. Out of the record. Brauer… Representative Brauer on 5245. 09400097.doc 153 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 From Second to Third? From Second to Third, Representative? Mr. Clerk, read the Bill.”
“House Bill 5245, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Okay. Third Reading. Repre…”
“Wait… wait. I… I… I have an Amendment. I… I just didn’t know if that was approved by Rules or not.”
“Okay. Okay. So, you wanna bring… you want us to bring that back to Second?”
“Yes.”
“Okay. So, Mr. Clerk, put this back on Second Reading. Representative Coulson on House Bill 5295. Out of the record. Representative Mulligan, 5300. Mr. Clerk, read the Bill. Representative Mulligan.”
“Just a point for clarification. I said I’d hold this Bill on Second and we filed the Amendment today on and I had agreed to take it back to committee. And I’m just wondering if that’s a will of the Chair, if that's what’s gonna happen with it.”
“Yeah. If you’re waiting for an Amendment, why don’t we just hold it on Second.”
“No. I mean, we filed it today, but it… it… the agreement was that I would present it… the Amendment in committee not on the floor itself.”
“Okay. So…”
“So, it’s not out of Rules yet, I guess.”
“All right.”
“But… so, keep it out of the record.” 09400097.doc 154 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
Speaker Hannig: “All right. We’ll hold it on Second. Representative Jenisch on 5337. Out of the record. Representative Moffitt. Out of the record. Representative Mautino, 5349. Out of the record. Representative Daniels on 5382. On… from Second to Third? Out of the record. 5385. Mr. Clerk, read that Bill.”
“House Bill 5385, a Bill for an Act concerning public aid. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. And Representative Daniels on 5386. Out of the record. Representative Berrios, you have House Bill 5547. Out of the record. Representative May. Okay. Representative Soto, why don’t we adopt your Amendment at this time. Mr. Clerk, read House Bill 2150.”
“House Bill 2150, the Bill’s been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Soto, has been approved for consideration.”
“Representative Soto.”
“Yes. Thank you, Speaker and Members of the House. House Amendment becomes the Bill. It amends the Illinois Marriage and Dissolution of Marriage Act. Current law provides that when a per… parent owing a duty of child support is unemployed that the court may order the parent to seek employment and report periodically to the court on his or her efforts. Thank you.” 09400097.doc 155 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
“No further Amendments.”
“Third Reading. Representative Acevedo, for what reason do you rise?”
“24…”
“Representative…”
“…2414. House Bill 2414.”
“I’m sorry. What number, Representative?”
“I move to table Amendment #7 on House Bill 2414.”
“Okay. Okay. On page 2 of the Calendar, under House Bills-Second Reading, is 24… House Bill 2414. I’m advised, Representative, that… that Amendment 7 has not been adopted. So, why don’t… why don’t you check with the Clerk.”
“I’m trying to withdraw it. I’m trying to table the Amendment, Representative.”
Speaker Hannig: “Yeah. I… I don’t think you have to do anything, Representative, the Amendment has not been adopted to this Bill so... ”
“Okay. Thank you.”
“So… On… on page 15 of the Calendar is House Resolution 812. And if someone would help us find Representative Dunn. Okay. So, Representative Osmond on the Resolution.”
“Thank you, Mr. Speaker. This deals with a program in the City of Naperville, emerg… a medical emergency disability information on computer program. And this makes 09400097.doc 156 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 disabled… this allows disabled people to be registered with the department in… in case of an emergency. I move for this adoption.”
“Is there any discussion? Okay. So, then all in favor of the Amendment vote ‘aye’; opposed ‘nay’. The voting is open. Take a Roll Call. 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 the Resolution is adopted. On page 14 is House Resolution 699, Representative Chapa LaVia.”
“Thank you, Speaker and Members of the House. House Resolution 699 is something that's near and dear to my heart as far as homeless vets in this state. We probably have close to 20 thousand homeless veterans that we know of… that we know of and that’s one thing that I won’t stand for. This House Resolution urges the Department of Veterans’ Affairs to provide technical and financial services to enable the Midwest Shelter for Homeless Veterans to begin providing services to homeless veterans of the United States military as soon as possible. And I welcome everybody to get on this Bill… I mean, this Resolution with me. And I would like it to be adopted. Thank you.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. On page 6 of the Calendar, Representative Will Davis, you have House Bill 4758. And the Rules Committee has approved your Amendment. Would you 09400097.doc 157 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 like us to read this Bill, then you could at least adopt the Amendment? So, Mr. Clerk, read the Bill.”
“House Bill 4758, a Bill for an Act in relation to property. Second Reading of this House Bill. Amendment #… Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Davis, has been approved for consideration.”
“The Gentleman from Cook, Representative Davis.” Davis, W.: “Mr. Speaker, the Amendment addresses one of the concerns dealing with the criminal portion of this particular Bill. Just for those who were in committee, the Bill will remain on Second until we’re… ‘til we still work out some of the other issues, but the Amendment just takes away the criminality of the Bill and keeps it a… as a civil… civil issue.”
“So, do you wish to withdraw this Amendment?” Davis, W.: “Oh… oh, I’m sorry, I’m sorry.”
“Okay. So, the Gentleman withdraws Amendment…” Davis, W.: “So, let’s withdraw this… I’m sorry.”
“…withdraws Amendment #2.” Davis, W.: “Withdraw Amendment #2.”
“Are there any further Amendments?”
“Floor Amendment #3, offered by Representative Will Davis.”
“Okay. So, this is the Amendment that the Gentleman just spoke to. Is there any discussion? All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. Any further Amendments?” 09400097.doc 158 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006
Clerk Bolin: “No further Amendments. A land conveyance appraisal note has been requested on the Bill as amended and has not been filed.”
“So, the Amendments are adopted, but this will remain on Second Reading. Okay. So, the Chair is prepared to adjourn. We’re gonna have the… we’re gonna have the Clerk read the schedule of committee meetings. There’s been a small change. So, Mr. Clerk.”
Clerk Bolin: “The following committees will meet tomorrow morning. At 8:00, two committees will meet: the Appropriation-Higher Education Committee in Room 118 and the Appropriations-Human Services Committee in Room 114. At 9:30, the Health Care Availability & Access Committee will meet in Room C-1. At 10… at 10:00, two committees will meet: Judiciary I-Civil Law in Room C-1. Please note that this is a change in time. Judiciary I-Civil Law will meet at 10:00 tomorrow morning. Also at 10:00, Transportation & Motor Vehicles will meet in Room D-1. At 10:30, the Elementary & Secondary Education Committee will meet in Room D-1.”
“Are there any annou… any announcements? Then allowing perfunctory time for the Clerk, Representative Currie would move that the House stands adjourned until tomorrow, Thursday, February 23, at the hour of 11 a.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Motion is adopted. And the House stands adjourned.”
“The House Perfunctory Session will come to order. First Reading of Senate Bills. Senate Bill 2454, offered by Representative Reitz, a Bill for an Act concerning liquor. 09400097.doc 159 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 Senate Bill 2952, offered by Representative Mathias, a Bill for an Act in relation to information technology. Senate Bill 2230, offered by Representative Froehlich, a Bill for an Act concerning transportation. Senate Bill 2437, offered by Representative Bellock, a Bill for an Act concerning health facilities. Senate Bill 2546, offered by Representative Soto, a Bill for an Act concerning education. Senate Bill 2569, offered by Representative Bradley, Richard, a Bill for an Act concerning local government. Senate Bill 2165, offered by Representative Feigenholtz, a Bill for an Act concerning property. Senate Bill 2197, offered by Representative Kelly, a Bill for an Act concerning truant minors. Senate Bill 2242, offered by Representative Chapa LaVia, a Bill for an Act concerning aging. Senate Bill 2292, offered by Representative Feigenholtz, a Bill for an Act concerning regulation. Senate Bill 2505, offered by Representative Bellock, a Bill for an Act concerning alcoholic liquor. Senate Bill 2726, offered by Representative Chapa LaVia, a Bill for an Act concerning certain individuals killed in the line of duty. Senate Bill 2487, offered by Representative Schock, a Bill for an Act concerning public aid. Senate Bill 2740, offered by Representative Schock, a Bill for an Act concerning public employee benefits. Senate Bill 2949, offered by Representative Reis, a Bill for an Act concerning finance. Senate Bill 3018, offered by Representative Chapa LaVia, a Bill for an Act concerning criminal law. Introduction and First Reading of House Bills. House Bill 5764, offered by Representative Black, a Bill for an Act making 09400097.doc 160 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 97th Legislative Day 2/22/2006 appropriations. House Bill 5765, offered by Representative Fritchey, a Bill for an Act concerning ethics. Introduction of Resolutions. House Resolution 949, offered by Representative Jack McGuire. House Resolution 951, offered by Representative Chapa LaVia. House Resolution 952, offered by Representative Moffitt. And House Joint Resolution 103, offered by Representative Mendoza. These Resolutions are referred to the House Rules Committee. There being no further business, the House Perfunctory Session will stand adjourned.” 09400097.doc 161