“The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off their laptop computers, cells phones and pagers, and we ask the guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. Today we will have two invocations. The first will be by Father Michael Garanzini, the President of Loyola University in Chicago. Father Garanzini is the guest of Speaker Madigan.”
“Let’s bow our heads. Good and gracious God, as we assemble this morning to continue the work of this great deliberative Body, we come with minds and hearts open to Your will for all Your people of this great state, for the young and the old, the laborer and the professional, for the unemployed and the underemployed, for those who till the soil, those who work in the office, those who teach in the classroom, those to assist in the hospital in the hospital and clinic, all Your children. Help Your servants here lead with compassion and justice. Help them seek the truth in all things. Help them to be wise. Give them courage, intelligence, a sense of good judgment, and a sense of humor. Help them find joy in their work this day and let them know that they are appreciated for the long hours and the tedious discussions that they will endure as they work to build a just and compassionate society for all. Amen.”
“The second invocation will be done by Pastor Dorothy Peoples of the New Life Full Gospel Christian Center in Chicago, Illinois. Pastor Peoples is the guest of Representative Rita.” 09400101.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Let us pray. Most gracious Father, we humbly come before Your throne of grace and we just thank You for this lovely day that You have blessed us with. We thank You for everyone that is here under the sound of my voice. We thank You for this Body that is serving their constituency in this awesome state, the State of Illinois. We pray that they would daily seek Your guidance in making decisions regarding the people of this state. We also pray for safety. We pray that You will protect them while they’re in the Legislatures. We pray, Oh God, for all of the leaders, we pray for unity, we pray for integrity. And we just thank You for the freedom that we have to worship You. The freedom that we have where we can come together without difficulty and we just glorify You. Amen.”
“We shall be led in the Pledge of Allegiance by Representative Hoffman.”
"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. Representative Currie.”
“Thank you, Speaker. Please let the record show that Representative Patterson is excused today.”
“Mr. Bost.”
“Thank you, Mr. Speaker. Please let the record reflect that Representative Jerry Mitchell is excused today.” 09400101.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Clerk shall take the record. There being 116 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Dunkin.”
“Thank you, Mr. Speaker. A point of personal privilege.”
“State your point.”
“Ladies and Gentlemen of the House, I simply would like to welcome the senior class of 2006 of Wendell Phillips, the… the famous Wendell Phillips High School, right behind me to my left, if they can stand and wave. Welcome to your State Capitol.”
“Mr. Lyons.” Lyons, J.: "Thank you, Speaker Madigan. It’s my privilege and honor, Ladies and Gentlemen of the House, to announce a very special birthday today. Representative Randy Hultgren turns 40 years old today and he brought pizza for the whole House. Happy birthday, Randy, many happy, healthy more.”
“Mr. Schock.”
“Thank you, Mr. Speaker. I rise for a moment of personal privilege.”
“State your point.”
“Ladies and Gentlemen of the House, with us, in the gallery to my right, is a group from the Peoria Chamber of Commerce who are here as a part of a leadership school encouraging political involvement. If you could please stand and Ladies and Gentlemen of the House, if you could join me in welcoming them to the House chamber this morning.”
“Mr. Hannig in the Chair.” 09400101.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Representative May, for what reason do you rise?”
“Yes, Speaker, I would like to move House Bill 5578 back to Second for the purposes of an Amendment.”
“Okay. So… so, Mr. Clerk… so, Mr. Clerk, return this to the Order of Second Reading at the request of the Sponsor. Representative Kosel, for what reason do you rise?”
“I would like to move House Bill 4333 back to Second Reading for the purpose of an Amendment.”
“Okay, 4333, okay. Okay, that’s on page 12 of the Calendar. Mr. Clerk, return this to Second Reading at the request of the Sponsor. Mr. Clerk, read the Committee Reports.”
Clerk Mahoney: "Committee Reports. Representative Delgado, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to House Bill 4544, House Resolution 828, House Resolution 835, House Resolution 842, House Resolution 844, House Resolution 851, House Resolution 852, House Resolution 858, House Resolution 874, House Resolution 903, and House Resolution 932. Representative Osterman, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'recommends be adopted as amended' is House Resolution 881. Representative Monique Davis, Chairperson from the Committee 09400101.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' is Floor Amendment #1 to House Bill 5416, House Resolution 836, House Resolution 905, and House Resolution 913. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 4729; 'do pass as amended Short Debate' is House Bill 4572; 'recommends be adopted' Floor Amendment #1 to House Bill 2734, and House Joint Resolution 82, House Joint Resolution 85, House Joint Resolution 89, House Joint Resolution 90, House Joint Resolution 92, House Resolution 831, House Resolution 878, House Resolution 931, and House Resolution 935; 'recommends be adopted as amended' is House Joint Resolution 93.”
“So, as we have for the last few days, we’re going to begin the Calendar on page 12 on the Order of House Bills-Third Reading and go down the list. So, Representative Bill Mitchell, you have House Bill 4081. Out of the record. Representative Beaubien, you have House Bill 4293. Representative Beaubien, 4293. Out of the record. Representative Tryon, House Bill 4314. Mr. Clerk, read the Bill.”
"House Bill 4314, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
“Representative Tryon.” 09400101.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Thank you, Mr. Speaker. House Bill 4314 changes the Vehicle Emissions Inspection Program so that the enforcement will be based on the denial of vehicle registrations rather than the rev… revocation of a person’s driver’s license. The Bill is only effective in counties that are in an air quality nonattainment area, that would be the counties surrounding the City of Chicago, St. Clair and Madison Counties. And this is a Bill that has been agreed between IEPA and the Secretary of State’s Office and will bring Illinois in strict compliance with the Federal Code of Regulations that recommends the preferred method of enforcement be based on a registration denial system. Therefore, we are creating a penalty for the vehicle and will still be able to allow a person the ability to drive and get to and from work. So, I certainly would entertain any questions.”
“Is there any discussion? The Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Now currently, you’re saying that if you are pulled over or you fail your emission test that you have a moving violation? Is that current law?”
“Well, actually, if you get pulled over for a moving violation or any type of traffic stop and you have not complied with the law and your driver’s license has been revoked, you will be arrested.”
“Yes, but what does your Bill do? I mean, currently, what I’m trying to see here is that your Bill says that if 09400101.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 you fail your vehicle emissions test… inspection program test, that you now get a moving violation? Is that current law?”
“Well, you would get a ticket, that’s correct. Just like if you didn’t have your registration.”
“Okay, so it’s a moving violation. You want, in the year 2008, you want it to be a… strictly another type of a fine and without being a moving violation.”
“The… the Bill, it would create a fine instead of making it an arrestable offense.”
“And no one’s objected to this? This is…”
“We have no objections.”
“Thank you.”
“Representative Mulligan. Okay. Is there any further discussion? Then Representative Tryon to close.”
“There is a need, in my opinion, to provide a mechanism of enforcement that’s consistent with the environmental laws provided for in 40 CFR. And Illinois is the only state of 52 (sic-50) states that… that have system that takes away somebody’s driving privileges and therefore, I think the fine… or the penalty does not fit the crime. And in fact, you could be having your driver’s license revoked but the car can still be on the road, therefore, still polluting, still creating a problem for the environment. This way we are adopting a mechanism of… of enforcement that will take the car off the road but still allow somebody to drive, they won’t get arrested, we won’t take police off the… off the road to book somebody for the fact that they didn’t get their emissions checked. So this is a Bill that makes us 09400101.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 consistent with the rest of the 50 states. And I urge your support.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Giles, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 2 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Pritchard, for what reason do you rise?”
“Yes, Mr. Chairman, I… I rise for a point of personal privilege.”
“State your point.”
“In the gallery today, Ladies and Gentlemen, are some students who, in addition to normal high school, attend a career in tech ed program and… and I would ask that you welcome some of my constituents and young future voters from Kishwaukee Education Consortium in Malta, Illinois, five students up here in the gallery along with two advisers. Please welcome them to Springfield.”
Speaker Hannig: “Welcome to Springfield. Going down the Calendar on page 12, Representative Collins, you have House Bill 4338. Representative Collins. Out of the record. Representative Holbrook, House Bill 4363. Out of the record. Representative Wait, you have House Bill 4396. Out of the record. Representative McGuire, House Bill 4404, do you wish to call that at this time? Mr. Clerk, read the Bill.” 09400101.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
"House Bill 4404, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“Representative McGuire.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I have House Bill 4404 this morning. What the Bill does, it will improve the quality of care delivered to over 40 thousand seniors across Illinois who receive state-funded home-care services. What we’d like to do with this Bill, to be effective January 1, next year 2007. House Bill 4404 would provide a dollar thirty-three an hour rate increase to the Department on Aging vendors who are certified that they will use that money to provide health insurance to all home- care workers who work more than 100 hours per month caring for seniors through the Department on Aging Community Care Program. This Bill would impact 16 thousand workers, half of whom are completely uninsured. And this legislation mirrors one of the Older Adult Services Advisory Committee’s FY07 recommendations for improving the long-term care system in Illinois. Home-care workers, as you know, provide personal care in the home, including intimate tasks such as: bathing, clothing, feeding, paying bills, taking care of the seniors, taking ‘em to the doctors, whatever has to be done. As the population of seniors continues to grow, high workforce turnover and shortages are compromising the quality of care. Providing health insurance is a proven means of slowing turnover and an important step toward improving Illinois home- and community-based services. I will try to answer any questions you might have, and I would appreciate your ‘aye’ vote for these people who would do the 09400101.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 work that you and I would not do for friends or relatives. Appreciate any questions.”
“Okay. The Gentleman’s moved for the passage of House Bill 4404. And on that question, the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, I find this Bill very interesting in that the Department of Human Services is opposed to the Bill. The Department on Aging is opposed to the Bill, not, I think, because they just simply want to oppose it, but it has certain structural problems. Where will this money come from to give to the vendors?”
“Mr. Black, Department on Aging has talked to me and, of course, they opposed the Bill primarily because of budget, which is not unusual. We had a… an earlier listing of some of the Bills who we hoped the Governor would support in his budget and to my amazement and surprise and pleasure, this Bill was on that list. Now, that does not mean the check is in the mail, but it sure is a lot better than not being on the list. This is a Bill that is long overdue. I think I’ve had something like this Bill off and on the last few years, I’m sure others have too. And we just hope… and we’re hoping that this Bill will make it into the budget. So, I think the short answer to your question, ‘Where does the money come from?’ would be, the budget.” 09400101.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“So, a lengthy answer to the question is you hope this will be included in the budget. Is it in fact included in the budget?”
“Well, that I don’t know, I don’t think it’s included in the budget yet, but as I say…”
“You mean you haven’t read… you haven’t read every page of the book that we were given? I mean, that’s our…”
“Not yet. I’m halfway…”
“It’s… it’s on the best-seller list, I heartily recommend it.”
“I’m halfway through it.”
“All right. Mr. Speaker, Ladies and Gentlemen of the House, to the Bill. As the Sponsor indicated, he has worked on this for some time. And I hate to use the perfect world analogy but it fits here. In a perfect world, obviously, benefits would be available to home health care workers and most every worker in the world of work. But when you have two agencies of State Government who oppose the Bill based on one fact, they don’t know where they’re going to get the money to implement this mandated health care benefit from people who provide services. A few quotes from the Illinois Department of Aging, ‘The Department of Aging anticipates full participation from contracted homemaker provider agencies. Therefore, cost estimates would be based on increasing the homemaker reimbursement rate from $13.62 an hour to $14.95 an hour. The ’07 estimated cost of this rate increase is $13.7 million gross or approximately $10.3 million net of Medicaid federal financial participation.’ And that assumes… that assumes that we could get a waiver to 09400101.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 allow for multiple rates for identical services. That brings up an issue that will be decided eventually by the courts. The Department of Aging goes on to say, ‘This amount will increase annually due to the growth in program service and the legislation requirement that a dollar thirty-three per hour be adjusted annually to reflect the Consumer Price Index.’ That’s an average increase of about 4.5 percent per year. So what costs $13 million today could cost $25 million in fiscal year 2010. The Department of Human Services, again, don’t… they don’t oppose this Bill on… on the merits of what the Sponsor’s attempting to do, they just simply say, an additional dollar thirty-three an hour for homemaker health services would cost the department $4.6 million annually and an estimated $2. million for the six months, if this Bill becomes law, that it would go into effect in FY07. And I think the Governor’s two agencies are simply saying to us, if you want to do this, you tell us how we’re going to get the money to pay for it. Identify where the money comes from. It isn’t in the current budget and from what I’ve been told by Members on both sides of the aisle, we’re not going to add…”
“Representative, your time has expired. Would you bring your remarks to a close.”
“Yes, thank you very much, Mr. Speaker. I think we all understand and have been told, we will not add any money to the FY07 budget. This may be and I think probably is a good idea and I take no pleasure in opposing it. I take no pleasure in voting ‘no’. But Ladies and Gentlemen of this Body, we have to be able to look people in the eye and tell 09400101.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 them, here’s how we’re going to pay for this program, here’s where the money comes from, and we will have the fiscal discipline to appropriate whatever dollars are necessary in the coming fiscal years. Those questions have not been answered at this point. I stand with the Governor’s Department of Human Services and the Governor’s Department on Aging in reluctant opposition to the Bill at this time.”
“So, we’re gonna move this to the Order of Standard Debate. And Representative Mulligan, you’re recognized for 5 minutes.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, how did you determine a dollar thirty-three would be adequate to provide health care and would that be a minimum health care or is that including them on the state employees health care plan?”
“Representative, to be perfectly honest with ya, I did not come up with the dollar thirty-three figure out of my own head. This… this Bill was generated by another Member of the House and I volunteered to take the Bill and carry it for him.”
“Okay.”
“I think the dollar thirty-three was probably arrived at after much discussion and… and much concern and… and to try and come up with something that is palatable and feasible. And as the previous Speaker has noted, the budget concern is always overriding everything else. But what I think we must do and what we have the duty to do is to keep these… keep these items in front of the General Assembly, 09400101.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 keep these items in front of the budget people, keep an item like this on the top of the list. I don’t know that it’s gonna pass, I don’t know that you’re gonna have the money in the budget. But let me tell ya this, without the Bill, you would certainly never get anywhere.”
“Well, thank you for that answer, although I could hardly hear it, but that’s all right… I just think a dollar thirty-three is grossly underestimated. The… there… the way they break down right now with the homemakers and they’re getting the raise, the rate of 13 points… $13.62 will start I… I think July 1, may be in the new budget because there was an increase that the Governor provided in the budget, I don’t know who negotiated the contract, we just heard Aging’s budget this morning. But this amount came in in the middle of last year… a year ago in December, the Governor decided to give them a raise and I don’t know who negotiated it. It was a two-year increment which will go into effect now, but their raise is divided up between wages, 73 percent need to go to wages and 27 percent goes to the management or provider organization to cover an oversight of the program and the workers. So, my question to you is, which side does the dollar thirty-three go to? Does it go into the benefits part? And as it goes strictly towards the employee and that benefit for insurance? Or is divided up some other way? And… and whatever the department estimated, I just don’t know how a dollar thirty-three would be enough to give them insurance benefits of any kind. So, do you have some idea or is whoever you picked this Bill up from perhaps would turn their light on and speak to the Bill and give an answer 09400101.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 to some of those questions, particularly where they arrived at the dollar thirty-three, an employee amount and whether they think that’s a standard policy or a small policy or whether that’s including them in the total state employees’ benefits, which I think would be more than that? Does the Sponsor not have an answer or is there someone that could answer that question? I… I think it’s a really important question to ask. A dollar thirty-three… To the Bill. A dollar thirty-three to me seems to be a little short if you’re gonna provide some kind of insurance benefit for an employee, no matter what kind of employee it is. In this day and age, a dollar thirty-three… is it an hour… I don’t know how much that would be, but if you add it up over a week or how many hours, ‘cause some of them do not work full-time, and what would qualify for insurance. I mean, there are many questions on this Bill. Not that it’s not a good idea, I just don’t think I see the soundness of the fiscal side of it. And also, there’s a lot of questions to be asked of how it’s divided up, whether it goes on the benefits side, which is the 73 percent when we give them a raise, it must go… flow through to employees or is that dollar thirty-three is divided up 73 percent to 27 percent? And I don’t know who the original Sponsor is and I’m certainly not faulting this Sponsor because of the three- Bill limit I think a number of us picked up Bills or other people picked up Bills for Sponsors. But perhaps the original Sponsor that may be one of these people up there, I presume, could turn on their light and speak to the fiscal part of this, because it doesn’t add up.” 09400101.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Representative Moffitt.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill.”
“To the Bill.”
“I rise in strong support of House Bill 4404. Long- term care certainly is a costly necessity, there’s no doubt about that. But when you look at the options of long-term care, home care is the most… a cost-effective form of long- term care that we have. I see this legislation as an investment and a way to encourage the most cost-effective system that we have. If Illinois invests in community-based care, we really encourage seniors to select then this most cost-effective form of care. It is my understanding and I trust the Sponsor would correct me, but it is my understanding that this would bring an additional 3 million in matching federal Medicaid funds, this is information that… that I have on this. And I think we need to factor that in, that we would be accessing some more federal funds. Unfortunately, there’s been high turnover in home health care and if we provide additional funding that this Bill would bring, we help encourage there to be more continuity. And certainly, seniors are more comfortable, receive better care when there’s a continuity in terms of those providing that care. It’s my understanding that about a third of all new hirees in home care quit within the first three months of employment and according to surveys of them, 50 percent of those who quit during the period of the first three months said they would’ve stayed if their job had provided health insurance. I think this would be a very positive 09400101.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 step forward in adding continuity to the workforce and encouraging the most cost-effective, long-term care that we have for seniors in the State of Illinois. I… I know we have a serious budget situation, but if we can actually put more on the most cost effective, it could actually help our state as opposed to the more expensive. Therefore, I strongly urge you to vote ‘yes’ for House Bor… Bill 4404. Thank you.”
“Representative Flowers.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of House Bill 4404. You know, the people who usually do these types of jobs are minority women and they’re poor and they’re usually the head of their household. And God forbid, if they were to get sick and need to go to the hospital, then the burden will fall on the state. God forbid, if they were not there and the people whom they are taking care of, they would have to go into a nursing home. So, this really is a win/win situation for all because lack of health insurance does have a negative impact on the quality of care. The longer they go without, the worse their condition get, the more it’s gonna cost the state. Home health cor… home health care workers are usually, as I stated before, the working poor. Unfortunately, these are not the $80-thousand-a-year families, these are the $20-thousand-a-year families, and no one is speaking on their behalf. This is a very good Bill. They, too, are in need of health care. I urge an ‘aye’ vote. Thank you.” 09400101.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Okay. Representative McGuire, we’ve had three now speak in favor and two in response. Representative Flider. Representative Flider is seeking recognition. Representative McGuire, could we just have him close, I see he’s a hyphenated Sponsor? So, Representative Flider is recognized for 5 minutes to close, then we’ll go to a Roll Call.”
"Thank you, Mr. Speaker. Will the Sponsor yield?”
“Representative, I’m afraid that we’ve exhausted the three spots that are allowed under Standard Debate for debate. So, you are recognized to close.”
"I’m recognized to close?”
“Yes.”
"Okay. Well, thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I believe that this legislation is a fine piece of legislation and it’s a creative piece of legislation. It’s a piece of legislation which will insure that there’s a potential for some of the 16 thousand home health care workers who are uninsured will be able to get insurance. The same time it provides a vendor an opportunity to provide insurance, however, it’s not mandatory that they provide that insurance. However, it’s an option… it’s an option and there’s an incentive, an incentive to provide that level of insurance if they would like to do that. I would certainly encourage your ‘aye’ vote. This is a good, creative opportunity. We don’t know exactly what this would cost, but we think it’s a step in the right direction because providing this incentive not only would provide additional health care insurance, that’s 09400101.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 actually good business for the State of Illinois, it’s taking care of our workers, and as certainly many people would prefer to have insurance than they would a wage increase. And it provides those opportunities for vendors to work with their employees and see which way they’d like to go. So, this is a good Bill. I’d encourage your ‘aye’ vote.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Giles, do you wish to be recorded? Representative Leitch, would you like to be recorded? Gentlemen. Mr. Clerk, take the record. On this question, there are 97 voting 'yes' and 18 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Howard, for what reason do you rise?”
“I rise on a point of personal privilege, Mr. Speaker.”
“State your point.”
“Today we have with us, visiting Springfield, members of the Haymarket Center. Please welcome them.”
“Welcome to Springfield. Representative Beiser, you’re next on the list with House Bill 4451. Mr. Clerk, read the Bill.”
"House Bill 4451, a Bill for an Act concerning litter control. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Madison, Representative Beiser.” 09400101.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Thank you, Mr. Speaker. House Bill 4451 amends the Litter Control Act and the Illinois Adopt-a-Highway Act. It provides that a person that’s convicted of littering would be… ‘may be’ not ‘shall be’ but ‘may be’, in addition to other penalties, required to maintain that area or a… or a similar area for a period of 30 days. This was brought to me by an eighth grade student, Lauren Hazelwonder from Saints Peter and Paul Catholic Grade School in Alton, who is very involved in the environment and who has taken up littering as a cause to correct in our community. And I would urge an ‘aye’ vote on this, and I’d entertain any questions.”
“Is there any discussion? Then the… The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield for one question?”
“Indicates he’ll yield.”
“Representative, in… in committee we asked the question about liability. And I know that IDOT has… always has concerns about liability, no matter who is doing some litter pick up. Years ago, we had a Bill that would mandate people incarcerated in our prison system would… would do this, and then it was thought that the liability would outweigh the benefits. Have… have you looked in to the potential liability of… of… of people doing this?”
“Excuse me?”
“I’m sorry, what?”
“Are… are… I’m sorry, Mr… Representative Black, are you done?” 09400101.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Yeah, I just asked you a question.”
“Yeah, sure.”
“Yeah.”
“I didn’t know if you were done with the question. I’m sorry.”
“Okay.”
“Yes, this… and I appreciate you bringing that up, because that was talked about in committee, we did clarify that with IDOT. This does not in any way, shape, or form mandate that someone be put in harm’s way. They would sign a waiver to begin with, but they also… it will be put… they will be required to have an area that is approved by IDOT and approved by others so they would not have a liability situation.”
“I… I appreciate that because I don’t have a problem with the concept of the Bill. This came up several years ago and I remember DOC at that time and IDOT raised serious questions about liability. And that’s the only thing that… that I’m worried about. I don’t know that a signature on a waiver would eliminate the liability of the State of Illinois. And as you know, you… you take those claims to the court of claims. I mean, I… you hope that nobody gets injured or God forbid, hit by a car, but you could be out picking up trash, severely lacerate your hand on a broken bottle or in this day and age you could pick up something that might carry a blood-borne pathogen and… and given the current state of society in which we live, somebody’s gonna be held liable for that. And I… I know my county sheriff has expressed concern that if he takes a crew out there, 09400101.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 under your Bill, he wants some reasonable assurance, before the Governor signs this, that the liability isn’t gonna come back on his department. He assumes that the liability would… would revert to the Illinois Department of Transportation. So, I mean, that… that’s just concern if… if you’ve addressed it, I know we talked about it in committee, that’s fine with me. But maybe we… you could ask the Senate Sponsor to perhaps add some clarifying language on who the ultimate responsible party would be in the case of an unfortunate accident.”
“And I appreciate that feedback and I would open to that… sure in the Senate.”
“All right. Thank you. Thank you very much.”
“Representative Beiser to close.”
“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? Representative Bost and Leitch. Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce, do you wish us to read 4457? You wanna return that to Second Reading? Okay. Mr. Clerk, return this Bill to the Order of Second Reading at the request of the Sponsor, House Bill 4457. Representative Meyer, you have House Bill 4463. Mr. Clerk, read the Bill.” 09400101.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
"House Bill 4463, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from DuPage, Representative Meyer.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4463 addresses a problem that occurs between the reciprocal retirement funds of the IMRF and the Teachers’ Retirement System wherein you have an employee who paid into the IMRF for a period less than a year as a teacher’s aid and then becomes a full teacher in… in the TRS system. And the conflict is that by State Law any… any reciprocal credits a year or more may be used in the calculation of pension but not less than. And of course, when someone starts as a teacher’s aid it’s normally for a nine-month period. If they work out in the system, they’re offered usually a contract and then they would go into the TRS system. That means that they’ve paid into IMRF for a period of nine months and they cannot transfer that credit as a reciprocal credit. The Federal Law compounds this in that it forbids the IMRF to reimburse that money to… that was paid in for the period less than 1 year to the teacher and therefore, that money just lays within IMRF. What this Bill does is allow for a period less than 1 year, in other words, the nine-month period to be used as a reciprocal credit and it’s straightforward as that. I have an agreement with the Speaker that no Amendment will be put on in the Senate. My Senate Sponsor’s agreed to this qualification too. So, the purpose of this Bill is to 09400101.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 address what you see before you today, it will not be expanded upon with any other kind of pension legislation, and that agreement will be honored.”
“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 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative McAuliffe on House Bill 4546. Mr. Clerk, read the Bill.”
"House Bill 4546, a Bill for an Act concerning local government. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative McAuliffe.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4546 has been amended so it only affects the City of Chicago. And the purpose of the Bill is that any police officer, firefighter, or paramedic if they would be killed in the line of duty as a police officer, firefighter, or paramedic, their dependent would be able to be hired after making sure that all minimum eligibility requirements were… would be met. And I think this is a good Bill and I’d be happy to answer any questions. And ask for the passage of House Bill 4546.”
“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 09400101.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 all voted who wish? Have all voted who wish? Representative Fritchey, do you wish to be recorded? Representative Nekritz, do you wish to be recorded? Representative Schock, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 106 voting 'yes' and 2 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Graham, you have House Bill 4693. Out of the record. Representative Acevedo has House Bill 4748. Out of the record. Representative Froehlich, you have House Bill 4845. Mr. Clerk, read the Bill.”
"House Bill 4845, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“Representative Froehlich.”
"Thank you, Mr. Speaker. This Bill merely requires that fire protection districts be notified when a large property owner seeks a… an exemption from property taxes. This is a… an initiative of the Legislative Fire Caucus supported by the Illinois Fire Chiefs Association. Be happy to answer 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? Representative Cultra and Collins, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a 09400101.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Constitutional Majority, is hereby declared passed. Representative Smith, do you wish us to read 4965? Out of the record. Representative Soto, do you wish us to read 5256? Mr. Clerk, read the Bill.”
"House Bill 5256, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
“Representative Soto.”
“Thank you, Speaker and Members of the House. House Bill 5256 amends the Criminal Code of 1961 by enhancing the grade of offense of an assault or battery of a person known to be a utility worker to aggravate assault or aggravated battery if the offense is committed while working is performing his duties, to prevent the worker from performing his duties, or in retaliation to the worker performing his duties. ‘Utility worker’ means a person employed by the public utility as defined in the Public Utility Act. I urge an ‘aye’ vote and I’m open for a question.”
“Is there any discussion? The Gentleman from Cook, Representative Fritchey.”
“Thank you, Speaker. To the Bill.”
“To the Bill.”
“Ladies and Gentlemen, first of all let me say, I’m gonna support the Bill and I think we probably all will. At some point in time, we really have to take a look at what we’re doing to the Criminal Code. We’re now adding utility workers. We’ve previously added police and firemen which we understand, EMTs which we can all understand, sports officials, transportation workers, park supervisors, caseworkers, coaches, on and on and on. Ladies and 09400101.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Gentlemen, this is the exception that’s becoming and swallowing the rule. We have a Criminal Code that is overly complexed, at times contradictory. We are making things more difficult, not easier, for our prosecutors. It’s a very well-intentioned Bill and I respect the Sponsor for doing it, but what this Bill really begs for is a revision of the Criminal Code. We’ve been talking about it for a long time, there’s efforts underway to do this. We cannot keep coming back here year after year adding little tweaks here and there, ratcheting up a sentence for an offense here and there. We’re… we’re just… folks, we’re just creating a patchwork of problems for ourselves. It’s no reflection on the Sponsor, it’s no reflection on the legislation. It is a reflection on the big picture of what’s been going on down here and I really hope we take a look at it at some point. Thank you.”
Speaker Hannig: “The Gentleman from Lake, Representative Washington.”
“Thank you, Mr. Speaker. Representative Soto, so you’re talking about… and… and I totally agree with John, he’s… he’s totally right. We have to cut that ceiling off. But are you talking about while they in the function of their duties, is that…”
“Correct.”
“…not off work? But thes… some of these guys are agitators, bullies from the past, brawlers themselves. And if they know that they gotta protected class, then I can see them kinda… that’s almost like giving them a badge or a gun 09400101.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 to say, I can do what other people can’t do. So, could ya kind of go into that?”
“The utility workers would be covered during the time of their duties. Any time that they’re conducting their duty, you know, working while they’re at work, they’re covered. Many time… we’ve heard in the newspaper, especially back in Chicago and… and throughout the state, because everyone wanted to be added throughout the state to this Bill. What’s been happening is that they’re either being attacked, they either, you know, when they go out and read their meter, they’re shuttin’ off their gas, people sic their dog on them. There’s been times where they’re working out in the field, out in a commercial area and somebody’ll try to run ‘em over. So there’s been many instances.”
“So, and I heard you… so we talking about if… if… if a resident gets into a squabble or some type of altercation, verbal or physical, with the person dealing… the utility worker, we saying that that person puts him or herself subjugated for aggravated assault which is a felony. Felony offense, if they have any confrontation that leads to an assault whether verbally or physically?”
“It would have to be a physical aggravated attack.”
“Physical altercation. And it says that in the Bill?”
“Yes.”
“Okay. I got one other example I wanna give to you. And by no means am I trying to usurp what you’re… what you’re doing. So, if… if… if somebody comes to my house that I know is a utility worker and I know that this guy is 09400101.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 disrespecting my daughter. She’s told me before she’s had run in to him and he said disparaging things to her that I as a father would… would consider offensive. And I see this guy in his duties coming to my house on my property and I decide that I wanna grab him by his neck and lift him up off the ground. I can definitely catch a case…”
“I would…”
“Even though… even though the circumstances are not related to any… anything other than a personal…”
“Well, let me answer that, Representative, I know if the shoe was on the other foot and… and I have three daughters and if somebody did that to my daughter I would call the company and complain.”
“Okay.”
“It wouldn’t get to aggravated assault.”
“But you know what, I guess what I’m trying to say to the example, are there any exception of the extenuating circumstances? Unprovoked, I can understand it a little bit better, more acceptive. But if that… you know, most guys who read the meters and come to our houses are people that are known, that have another life, that’s just a job they do. You know what I’m saying, that’s why we… I think John is saying about the protected status, that we are increasing our problem of liability somewhere in there. So…”
“Rep… Representative, it… it is big. I mean, there has been many cases where they have been attacked. I have to say, my husband works for Peoples Energy, this was an initiative from Peoples Energy.”
“Yes, ma’am.” 09400101.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“But… and he’s had… he’s had things happen. They sent out a dog… he went to go read the me… this was years back when he was a meter reader.”
“Okay.”
“Now, he’s a laborer for Peoples Energy. And what happen is they… he was working out on… on National Avenue in Chicago and somebody tried to run him over.”
“Okay.”
“So, I know for a fact that it happens.”
“And… and… and Representative, what if it’s in reverse whether… you know, because we talkin’ about everyday people, what if they assaulted one of the customers? How… how would it…”
“Oh wel…”
“So, who takes care of the litigation process in that regard? Is… is it…”
“Well, I know what I would do. I would file a complaint and then I would have the other side pick up the… the lawyer’s expense.”
“Thank you, Representative. To the Bill.”
“And then I…”
“To the Bill.”
“Thank you, Ma’am. To the Bill. I understand the intent of my colleague and she know I respect her deeply in what she’s trying to do for the community. But I… I gotta go back and just reiterate what John said. I think John is on point, especially when he clarified about listing the number of exemption kind of statuses that we’re creating. I think we need to be very cautious that we not put… we’re not 09400101.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 saying that the general public is so savagery that we have to put buff over anybody has any interaction with the general public, and that’s basically what we’re doing. And I don’t think as role as Representative we’re there to pick and choose the him and the her…”
Speaker Hannig: “Representative, your… your 5 minutes have expired. Would you bring your remarks to a close. Okay. The Gentleman has concluded his remarks. Representative Durkin.”
“Thank you, Mr. Speaker. In response to the last few comments. Yes, it is important that the Legislature look at the Criminal Code and the Corrections Code to bring some sense to it because it’s certainly has gotten out of control over the last many years. So, I will invite everyone on March 15 to attend the Joint House and Senate Judiciary Committee hearing to hear from the members of the CLEAR Initiative which is a private found… funded commission which is… which is… The CLEAR Initiative stands for the Criminal Law Edit Alignment and Reform Commission. Representative Molaro sits on the committee, I’m on the committee. It’s chaired by Governor Jim Thompson and also Justice Gino DiVito. They’ve been working for the past year to revise this… this out of control Criminal Code and I think it’s very important ‘cause they… they will present a recommendation to the Legislature at the end of the year which I believe addresses a lot of concerns that Representative Fritchey brought up. So, that’s just one point. On the other… with the Legislature… with the Bill at hand. I spoke about this in committee and I… I think it’s 09400101.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 important that you move forward with this. I compared it very similar to the dangers of a utility worker walking into a house how dan… difficult it is for them when they have to turn off gas or electricity or water. It’s very similar… probably as dangerous as a police officer executing a search warrant but that utility worker does not have the… the value of a weapon at their side to defend themselves. So, I support this and I also recommend that Members of the House of Representatives support this House Bill 5256.”
“Okay. Representative Soto to close.”
“Thank you, Speaker and Members of the House. I urge an ‘aye’ vote. Thank you.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bill Mitchell, you have House Bill 5257. Would you like to present that at this time? No. Out of the record. Representative Molaro, you have House Bill 5284. Out of the record. Representative Coulson, 5295. Representative Coulson, would you like us to read this Bill? Mr. Clerk, read the Bill.”
"House Bill 5295, a Bill for an Act concerning finance. Third Reading of this House Bill.”
“The Lady from Cook, Representative Coulson.”
“Thank you, Mr. Speaker. House Bill 5295 provides that if a line item appropriation is made for the purposes of 09400101.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 funding community integration living facilities or CILAs, no transfer may be made from that line item. It also provides that appropriations may be expended solely on funding CILAs. This has been a problem for several years in that we’ve had CILA bed openings but many of us have had calls from people saying we can’t have our child or adult child put in the CILA bed because the funds have not been released and yet, we know there’s funds in the line item. And this is just to make sure that we spend the monies for CILAs from the line items on CILAs. And I can answer any questions.”
“Is there any discussion? The Gentleman from Vermilion, Representative Black.”
“Thank you… Excuse me. Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, in looking over the appropriation history, it appears that sufficient dollars were appropriated and yet, we say… we say there’s… the… there’s no space. I have the same thing in my district.”
“Right.”
“What happened to the money that we appropriated for this care?”
“Good question. Well, that’s the problem. They combined the line items all into one item and so now we really not sure where that money went. We’re playing hide and seek, I guess, is the best way to word it. We wanna make sure those dollars that we appropriated to CILAs go to CILA placements.” 09400101.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Was any of this money subjected to a chargeback administrative fee or a fund sweep or do we know?”
“Not that we know of.”
“But we can’t actually track the expenditure?”
“No, because they’ve combined all the line items into one line. So, we can’t tell what’s been spent on CILAs and what’s been spent on other things.”
“That’s very creative budgeting, I would say. So, we appropriate the money, the need is there, we can’t fill the need because we’re told by the agency that there’s no money, but they can’t tell us where the money went.”
“Hide and seek.”
“Well, my goodness. What a… what a wonderful way to run a state budget. I thank you for introducing the Bill.”
“Representative Coulson to close.”
“I would encourage your ‘aye’ vote. This is very important for our constituents who are trying to live independently and 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 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 5382.”
"House Bill 5382, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from DuPage, Representative Daniels.” 09400101.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Act provides and sets forth the development of a more comprehensive system of community supports and services that will enable persons with disability to transition to the most appropriate integrative setting possible in accordance with their needs. This legislation takes into consideration the input of the DSAC committee which was appointed by the Governor, that’s the Disability Service Advisory Committee as well as the concerns of Misericordia in… in extensive several public hearings and the input of the Committee on Developmental Disabilities and Mental Illness. I seek your favorable support.”
“The Gentleman has moved for the passage of House Bill 5382. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers and Scully, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mitchell, you have House Bill 5462. You wish… Mr. Clerk, read the Bill.”
"House Bill 5462, a Bill for an Act concerning criminal law. Third Reading of this House Bill.”
Speaker Hannig: “The Gentleman from Macon, Representative Mitchell.” 09400101.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Mitchell, B.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5462 amends the Criminal Code pertaining to burglary. Provides that as a Class I felony to… for a burglary to occur in a facility that stores the necessities of life such as food, clothing, and other tangibles for free distribution to the economically disadvantaged persons.”
“The Gentleman has moved for the passage of House Bill 5462. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor… Excuse me. What was your request, Representative?” Mitchell, B.: “Yeah… I’m sorry I couldn’t hear you. I… I just urge passage of the Bill. Thank you.”
“Yeah. So the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Schock and Winters, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Okay. So, now we’re gonna move to the Order of House Bills-Second Reading. Number of Amendments have come out of the Rules Committee and/or been approved by the respective committees. So, we’ll go down the list. Representative Joe Lyons, you have House Bill 1577. Out of the record. Representative Currie, you have House Bill 1722. Okay. Out of the record. Okay. We’re gonna skip a number of these Bills sponsored by the Speaker for the time being and move to page 3 of the Calendar. Representative 09400101.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Phelps has House Bill 2006. Out of the record. Representative Collins, you have House Bill 2067. Out of the record. Representative Flowers, you have House Bill 2548. Calendar… Out of the record. Representative Eddy, House Bill 2734. Mr. Clerk, read the Bill.”
"House Bill 2734 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Eddy, has been approved for consideration.”
“Representative Eddy.”
“Thank you very much, Mr. Speaker. Amendment 1 to House Bill 2734 is an agreed Bill with the Illinois Press Association that limits the maximum rate charge for advertising for public notices. And I’d be happy to answer any questions that any mi… anybody may have about the Bill.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Mathias, you have House Bill 3127, from Second to Third. Yeah. Mr. Clerk, read the Bill.”
"House Bill 3127 has been read a second time, previously. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed.”
“Okay. So, out of the record. We’ll leave that on Second. Representative Osmond has House Bill 41… Okay. Out of the record. Representative Granberg. Out of the record. Representative Schmitz, 4197. Out of the record. 09400101.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Representative Bassi on 4209. No. Okay. Out of the record. Representative Beiser on 4296. Out of the record. Representative Sacia, 4303. Okay. We’re gonna take… we’re gonna stop and have the Clerk read the Rules Report. Mr. Clerk, read the Committee Reports.”
“Rules Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'approved for floor consi… floor consideration' is House… Amendment… and then referred to the Order of Second Reading is House Bill 1709, House Bill 2313, House Bill 2317, House Bill 3126, House Bill 3831. The following Amendments have been 'approved for consideration' Amendment #2 to House Bill 4342, Amendment #1 to House Bill 4405, Amendment #1 to House Bill 4442, Amendment #1 to House Bill 4463, Amendment #4 to House Bill 4521, Amendment #2 to House Bill 4652, Amendment #2 to House Bill 4666, Amendment #1 to House Bill 4703, Amendment #2 to House Bill 4715, Amendment #2 to House Bill 4727, Amendment #2 to House Bill 4735, Amendment #4 to House Bill 4758, Amendment #2 to House Bill 4782, Amendment #2 to House Bill 4805, Amendment #2 to House Bill 4819, Amendment #3 to House Bill 4853, Amendment #1 to House Bill 4977, Amendment #2 to House Bill 5031, Amendment #3 to House Bill 5219, Amendment #2 to House Bill 5227, Amendment #3 to House Bill 5259, Amendment #2 to House Bill 5334, and Amendment #3 to House Bill 5337.” 09400101.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Representative Brauer, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise for a point of personal privilege.”
“State your point.”
“Please join me in welcoming the 2005 IHSA Class AA boys soccer champions from Chatham Glenwood High School to Springfield today. The Titans won the first ever IHSA State Soccer Championship after winning over Rockford Boylan 2 to 1. They completed their season at 26 and 1. Help me in giving ‘em a Springfield welcome.”
“All right. So, now we’re gonna continue on the Calendar. Representative Sacia on House Bill 4303. You wanna… Okay. We’ll leave that… We’ll take that out of the record. Okay. So, the Clerk is getting the Rules Report squared away and just for the Members to recognize that Amendments that came out of committee were for Representative Jefferson, Sullivan, Meyer, Sacia, McCarthy, Turner, Chapa LaVia, Kelly, Golar, Tryon, Davis… Will Davis, Nekritz, Sullivan, Sullivan, Osterman, Scully, Leitch, Molaro, Cross, Osterman, and Jenisch. So, if I called your name, you got an Amendment that has now been released from the Rules Committee, you need to be paying attention to the Bills. So, Representative… we’re… we’re just gonna continue down the list. Representative Collins has House Bill 4339. Out of the record. Representative Jefferson on House Bill 4342. There’s been a… an Amendment released from the Rules Committee. Representative Jefferson.” 09400101.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
"House Bill 4342 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Jefferson, has been approved for consideration.”
“Representative Jefferson. Okay. Out of the record. Representative Lang on 4350. Out of the record. Representative Pihos on 4385. Out of the record. Representative… Representative Sullivan, now, on House Bill 4405, that’s an Amendment that’s out of Rules. Mr. Clerk, read 4405.”
"House Bill 4405 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Sullivan, has been approved for consideration.”
“Representative Sullivan.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. This is an amen… Amendment I promised to bring to the committee that is actually run on the floor. It merely explains that leases between IDOT and these institutions will be for year-to-year leases, and it defines what is a ‘permanent structure’. I’ll be happy to answer any questions.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Jones on House Bill 4406. I understand that that’s been… the notes have been withdrawn. So, Mr. Clerk, let’s move that to the Order of Third Reading. Is that correct, Mr. Clerk? Okay. 09400101.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Representative Miller on 4414. Out of the record. Representative Bost on 4444. Out of the record. Representative Lou Jones, do you wish to move 4447 for Representative Patterson? Representative Lou Jones. Okay. Mr. Clerk, read the Bill.”
"House Bill 4447 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Lou Jones, has been approved for consideration.”
“Representative Jones. Representative Jones on the Amendment.”
“Thank you, Mr. Speaker, Members of the House. House Bill 4447…”
“On the Amendment.”
“…amends the covering of All Kids Health Insurance Act to authorize the Department of Health Care and Family Services to establish a buy-in option for the new program that will provide coverage for children age 19 through 23. House Amendment #1 permits the Department of Health Care and Family Services to also include coverage for dependent children age 19 and older who are still enrolled in secondary education, in a secondary education program.”
“Is there any discussion? The Gentleman from Vermilion, Representative Black on the Amendment. Representative Black is recognized on the Amendment.”
“Thank you very much, Mr. Speaker. My… my apologies. I… I’ll debate… I’ll ask questions of the Bill when it goes to Third. I apolog…” 09400101.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Okay. So, we’ll just… All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Flider, for what reason do you rise?”
"Mr. Speaker, a point of personal privilege.”
“Yes, state your point.”
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I’d like to introduce to you some people who are here from Decatur, Illinois, in my district. We have with us today on the gallery on my right, Mr. Mike Rusk, the Eisenhower School te… High School teacher and also the government class from Eisenhower High School. Please give them a General Assembly welcome. Thank you.”
“Welcome to Springfield. Now, Representative Sacia on 4521. Mr. Clerk, read the Bill.”
"House Bill 4521 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #3 was adopted by this Body. Floor Amendment #4 is offered by Representative Sacia, has been approved for consideration.”
“Representative Sacia.”
“Thank you, Mr. Speaker. Ladies and… Ladies and Gentlemen of the House, Amendment #4 is a technical Amendment. We realized when we did Amendment 3, we inadvertently left out 12 words that had to be added and that is the purpose of Amendment 4. Be glad to answer any questions.” 09400101.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“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. No Motions filed.”
“Third Reading. Representative Bellock, you have House Bill 4523. Do you wish to move that to Third? Okay. Mr. Clerk, read the Bill.”
"House Bill 4523 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Bellock, has been approved for consideration.”
“Representative Bellock.”
“Thank you very much, Mr. Speaker. This Amendment to House Bill 4523 adds definitions and procedures taken from the City of Chicago ordinance on sterilization of the work area and sanitation of the equipment and instruments. It also insures that the local health departments will get 75 percent of the fees and fines collected in order to administer the Act. And it adds language to prevent the Tattoo and Body Piercing Establishment Fund from being raided.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Phelps on 4525. Out of the record. Representative Jay Hoffman on 4527. Mr. Clerk, read the Bill.” 09400101.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
"House Bill 4527 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Munson on 4604. Wish us to read the Bill? Okay. Out of the record. Representative McCarthy on 4614. Out of the record. 4652, Representative McCarthy, the Rules Committee has released an Amendment on that Bill. Mr. Clerk, read the Bill.”
"House Bill 4652 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative McCarthy, has been approved for consideration.”
“Representative McCarthy.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #2 actually shells the Bill so that we can move it over to the Senate and keep the discussions alive in hopes that we’ll be able to provide some much needed financial aid to our university students across Illinois. But I think this is a good alternative and just wanted to shell it so we could keep the Bill alive.”
“Any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Dunkin on 4657. You wish us to move that to Third, Representative? It’s on Second at the moment. So, Mr. Clerk, read the Bill.”
"House Bill 4657 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, 09400101.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 offered by Representative Dunkin, has been approved for consideration.”
“Representative Dunkin on the Amendment.”
“Thank you, Mr. Speaker. I ask that the House adopt Amendment #1.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Gordon on 4662. Out of the record. Representative Turner on 4666. Mr. Clerk, read the Bill.”
"House Bill 4666 has been read a second time, previously. No Committee Amendments. Two Floor Amendments have been approved for consideration. Floor Amendment #1, offered by Representative Turner.”
“Representative Turner.”
“Thank you, Mr. Speaker. Amendment #1 is an Amendment that was prepared… it’s an Agreed Amendment between the state and the City of Chicago in regards to disaster management. And I move for the adoption of Amendment #1.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"Floor Amendment #2, offered by Representative Turner, has been approved for consideration.”
“Representative Turner.”
“Thank you, Mr. Speaker. And Amendment #2 merely makes technical changes in terms of title. It does in fact become 09400101.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 the Bill, but it now makes the necessary changes to make the Bill an agreed Bill. It clarifies some of the titles that used be director, now call ‘em secretaries at the various agencies that are involved. And I move for the adoption of Amendment #2.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. All notes have been filed.”
“Third Reading. Representative Jenisch on House Bill 4680. Mr. Clerk, read the Bill.”
"House Bill 4680 has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Move that to Third?”
“No, I’m sorry. There’s an Amendment in Rules.”
“Oh…”
“So, if you can keep it on Second pending the Amendment.”
“All right. So, we’ll hold that on Second. Representative Colvin on 4687. Out of the record. Representative Chapa LaVia on 4703. There’s been a Amendment released from Rules on that, Representative. Is the Lady in the chamber? Okay. Out of the record. On page 8 of the… 8 of the Calendar, Representative Kelly, you have House Bill 4715 and the Rules Committee released an Amendment on this. Do you wish us to read it? Out of the record. Okay. Out of the record. Representative Jones on 09400101.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 4726. Representative Jones, Lou Jones, do you wish us to read 4726? Mr. Clerk, read the Bill.”
"House Bill 4726 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Lou Jones, has been approved for consideration.”
“Representative Jones.”
“Thank you, Mr. Speaker, Members of the House. Amendment #1 removes the provision in the original Bill which provides for confidentiality of peer review records because it duplicates a provision already in the Act. It also allows the Department of Financial and Professional Regulations and the Board of Examiners which conducts the CPA exam to exchange information. Currently, the Board of Examiners is prohibited from releasing any information about candidates other than if they pass to anyone.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Tryon on 4735. Mr. Clerk, read the Bill.”
"House Bill 4735 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Tryon, has been approved for consideration.”
“Representative Tryon.”
“Thank you, Mr. Speaker. Amendment 2 provi… excuse me, provides language that in… how to… instructs county clerks 09400101.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 how to make corrections on over assess… assessments in taxing districts that lie in two counties so that accurate numbers get provided to ISBE when they calculate the foundation formula for school districts. This only affects future ca… calculations and is not a Bill that would apply retroactively.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Represent… Representative Davis, there’s been an Amendment out of Rules on your House Bill 4758. Mr. Clerk, read the Bill.”
"House Bill 4758 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #3 was adopted by the Body. And Floor Amendment #4, offered by Representative Davis, has been approved for consideration.”
“Representative Davis.” Davis, W.: “Thank you, Mr. Speaker. Amendment #4 simply changes the definition of ‘abandonment’ to reflect the definition that is used by CHA.”
“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. However, a note has been requested and not yet filed.”
“Okay. So, you have to get the note responded to, Representative. Okay, Representative Nekritz, you have 09400101.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 House Bill 4782. Out of the record. Representative Brosnahan on 4785, do you wish to move that to Third. Out of the record. Representative Rita on 4799. Representative Rita, do you wish… Okay. Out of the record. Representative Sullivan on 4805. Mr. Clerk, read the Bill.”
"House Bill 4805 has been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Sullivan, has been approved for consideration.”
“Representative Sullivan.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment merely clarifies what the penalty would be for the underlying Bill. I urge its adoption.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. And Mr. Clerk, read House Bill 4819.”
"House Bill 4819 has been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Sullivan, has been approved for consideration.”
“Representative Sullivan.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 merely clarifies some numbers in the underlying Bill and changes some verbiage at the request of the Speaker. Thank you.” 09400101.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Giles on 4828. Out of the record. Representative Saviano, 4835. Mr. Clerk, read the Bill. Oh, excuse me, Representative Saviano, I think there’s an Amendment still pending on this one. So, we’ll take it out of the record. Representative Osterman on 4853. There’s been an Amendment out of Rules today, Representative. The Rules Committee released Amendment #3 on this. Would you like to adopt that? Okay. Mr. Clerk, read the Bill. 4853.”
"House Bill 4853 has been read a second time, previously. Amendments 1 and 2 were adopted in committee. Floor Amendment #3 has been approved for consideration.”
“Representative Osterman.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment #3 is a agreed Amendment that takes into the consideration the concerns who were brought forth by IRMA and the Illinois Retail… Realtors Association dealing with the underlying Bill which deals with the problem of lead paint poisoning. We’ve worked with them to construct some of the provisions of this Bill. And I’d ask for the adoption of the Amendment.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.” 09400101.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Third Reading. Representative Jones on 4885. Out of the record. Representative McAuliffe on 4890. Out of the record. Representative Myers, Rich Myers, on 4902. Out of the record. Representative Nekritz on 4907. Out of the record. Representative Will Davis on 4936. Out of the record. Representative Graham on 4937. Out of the record. Representative Washington on 4948. Do you wish us to call that on Third Reading? Read the Bill, Mr. Clerk.”
"House Bill 4948 has been read a second time, previously. Amendment #1 was approved in committee. No Floor Amendments have been approved for consideration.”
“Okay. Out of the record. Representative Rich Bradley on 4973. Out of the record. On page 10 in the Calendar, Representative Scully, you have House Bill 4977. And the Rules Committee recently approved an Amendment on that. Do you wish us to read that Bill? Mr. Clerk, read the Bill.”
"House Bill 4977 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Scully, has been approved for consideration.”
“Representative Scully.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d like for your… to approve House… the Floor Amendment #1 to House Bill 4977 which accomplishes two things that we specifically discussed in committee. Number 1, it makes the Bill subject to appropriation. Second, it adds to the scope of work to be done by this specific office 09400101.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 the subject of municipal aggregation. And I’d ask for your favorable consideration.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative May on… Okay. Out of the record, 4999 and 5000? Out of the record. Representative McKeon on 5002. Out of the record. Representative Leitch on 5219. There’s recently an Amendment out of Rules on this. So, Mr. Clerk, read the Bill.”
"House Bill 5219 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #3, offered by Representative Leitch, has been approved for consideration.”
“Representative Leitch.”
“Thank you, Mr. Speaker. Do I need to withdraw Amendment 2? It was not acted on.”
“Mr. Clerk, what was the status on Amendment #2?”
"Floor…”
“Or do I just proceed with 3?”
“Let’s get a clarification. Mr. Clerk, what is the status of the Amendments?”
"Floor Amendment #2 was referred to the Rules Committee.”
“Okay. So, apparently that’s still in Rules, Representative. So, just proceed with 3.” 09400101.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“With 3, thank you very much, Mr. Chairman. I’d also like to thank the Department of Children and Family Services for working with me to produce this agreed Amendment which narrows the scope of categories for which their hotline will also call police officers in cases of severe child abuse. I’d ask for approval of the Amendment.”
“Any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Molaro on House Bill 5227. Out of the record. Representative Durkin on 5241. Out of the record. Representative Cross has an Amendment to House Bill 5259. Want us to read that? Mr… Mr. Clerk, read the Bill.”
"House Bill 5259 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendments 2 and 3, offered by Representative Cross, have been approved for consideration.”
“So, on Amendment #2, Representative Hultgren.”
“Yes, Amendment #2… Thank you, Mr. Speaker. Amendment #2 was presented in committee yesterday and… as a Floor Amendment. What this does is clarify… this is an organ donation Bill. And if procedures are done to protect these organs, it clarifies the responsibility of paying for any of these procedures would be by the organization that is going to be able to use the organ donation. I’d ask for approval.” 09400101.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“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?”
Clerk Mahoney: "Floor Amendment #3 has been offered by Representative Cross and approved for consideration.”
Speaker Hannig: “And again, Representative Hultgren is recognized on Amendment #3.”
“Thank you, Mr. Speaker. This is a clarification. There were some questions on this regarding some religious issues as far as organ donation goes. This clarifies the responsibility of physician that, if it’s known, that such a pause after death that there might be a rel… religious concerns there that this would not apply at that… that case. So, this clarifies the concerns of the religious organizations…”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read House Bill 5334.”
"House Bill 5334 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Osterman, has been approved for consideration.”
“Representative Osterman.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #2 simply makes the legislation subject to appropriation and I ask that it be adopted.” 09400101.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“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. No Motions filed.”
“Third Reading. Representative Jenisch, you have House Bill 5337. Mr. Clerk, read the Bill.”
"House Bill 5337 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #3, offered by Representative Jenisch, has been approved for consideration.”
“Representative Jenisch.”
“Thank you, Mr. Speaker. I ask for approval of Floor Amendment #3. This clarifies the definition that there were some questions on a… what is a viatical settlement. So, thank you.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Colvin on 5342. Out of the record. Representative Moffitt on 5348. Out of the record. Representative Munson on 5377. Out of the record. Representative Mathias, 5416. Out of the record. Representative Reis, 5429. Do you wish to move it from Second to Third? Mr. Clerk, read the Bill.”
"House Bill 5429 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Reis, has been approved for consideration.” 09400101.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Representative Reis.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment #1 to House Bill 5429 amends the Illinois Community College Act to establish a 3-year pilot mobile response workforce training program at three community colleges throughout Illinois. It passed unanimous out of the Higher Education Committee yesterday. Be happy to answer any questions.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Myers on House Bill 5438. Rich Myers, 5438. Out of the record. Representative Bost on 5457. Out of the record. Representative Poe on 5478. Representative Poe. Okay. Apparently, there’s a… Representative Cultra on 50… Okay. There’s a number of… Amendments that have or Bills that have Amendments still pending. Representative Berrios, you have House Bill 5547. Out of the record. The Chair may have been in error on 5244. Representative Kelly, do you wish us to read 5244? Mr. Clerk, read the Bill.”
"House Bill 5244 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #3, offered by Representative Kelly, has been approved for consideration.”
“Representative Kelly on the Amendment.”
“Thank you, Mr. Speaker. The third Amendment was approved in committee yesterday.” 09400101.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“And so now, it’s your turn…”
“Oh, you just want me to do the Bill… oh…”
“…you have moved for the adoption on the floor, Representative.”
“Okay. The third Amendment was a cleanup Bill… was a… cleaned up the… it included 1 and 2 and it cleaned up assigning the Lieutenant Governor as the chair of the committee. It added the regional office of education to the advisory board. It made the advisory board an odd number instead of an even number.”
“Okay. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Okay. We’re gonna go back through the Rules Committee Report where Amendments were sent to the floor and if the Sponsors missed the first call we’ll go through this a second time, now. On… Let’s see, we have House Bill 4342 for Representative Jefferson. Out… There’s a… there’s an Amendment, Representative, that came out of Rules on this. That’s why I’m… I’m calling the Bill or giving you the opportunity. Do you wish to adopt the Amendment? Mr. Clerk, read House Bill 4342.”
"House Bill 4342 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Jefferson, has been approved for consideration.”
“Representative Jefferson.” 09400101.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Thank you, Mr. Speaker. Basically, all the Amendment does is clarifies the language. We had some concern from people out of Chicago and we clarified that language. And we just wanna adopt the Amendment.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Chapa LaVia has House Bill 4703. That’s on page 7 of the Calendar. Mr. Clerk, read the Bill. 4703.”
"House Bill 4703 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Chapa LaVia, has been approved for consideration.”
“Representative Chapa LaVia.”
"Thank you, Speaker. Amendment 1 to House Bill 4703 does… changes two thing. It changes page 2 line 5 before ‘violates’ by inserting ‘willfully’. And also it reduces the fine from 10 thousand to a thousand.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Kelly on 4715, did you wish us to adopt the Amendment? Mr. Clerk, read the Bill.”
"House Bill 4715 has been read a second time, previously. Amendment #1 was adopted in committee. Floor 09400101.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Amendment #2, offered by Representative Kelly, has been approved for consideration.”
“Representative Kelly.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4715 has been amended in the interests of clarity and compromise to limit the protections provided to tenants who are victims of domestic and sexual violence.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Golar on House Bill 4727. Okay. Out of the record. On House Bill 4782, Representative Nekritz. Representative Nekritz, on 4782 the Rules Committee has approved a… an Amendment. So, Mr. Clerk, read the Bill.”
"House Bill 4782 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Nekritz, has been approved for consideration.”
“Representative Nekritz.”
“Thank you, Mr. Speaker. This is the Bill to limit excessive diesel engine idling. And as a result to some additional negotiations, we have done a couple of things to this Bill since it was approved in committee. One, we originally had a 5-minute limit on idling, we’ve now moved to 10 minutes. And we also have a blanket exemption for idling when it is below 32 degrees and above 80 degrees. So, we were… trying to prevent people from either freezing 09400101.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 or frying. And then the third thing that we did was to change… in between 32 and 80 degrees was to change some timing in there and allows for additional iding… idling for pass… for the comfort of the driver.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Molaro on House Bill 5227. The Rules Committee’s released an Amendment, Representative Molaro. Do you wish us to read the Bill?” Mr. Clerk, read the Bill.”
"House Bill 5227 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Molaro, has been approved for consideration.”
“Representative Molaro.”
“Yes, this is a… all we did was… we had a definition of the word ‘skill’ and we took it to all the lawyers and got together with the Attorney General and got a little better of a definition of the word ‘skill’. And that’s all the Amendment does.”
“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, what is the status of House Bill 5257? That’s on page 13 of the Calendar. I think it’s on Third Reading. Is that correct? Move that to 09400101.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 the Order of Second Reading at the request of the Sponsor. Okay. On page 9 of the Calendar, Representative… Representative McAuliffe has filed a Motion to Table House Bill 4890. Is there any discussion? All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Bill is tabled. Okay. On the Order of Supplemental Calendar #1, House Bills-Second Reading, we have House Bill 4572. Representative Molaro. Mr. Clerk… Representative Molaro, do you wish us to read this? Mr. Clerk, read the Bill.”
"House Bill 4572, a Bill for an Act concerning ethics. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“You wish to move that to Third, Representative? Move that… do you wish to move that to Third, it’s on Second? No.”
“No, I’m expecting a Floor Amendment. So, if we could leave it on Second.”
“So… so, we’ll hold that. And Mr. Clerk, read House Bill 4729.”
"House Bill 4729, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Representative Phelps on page 7 of the Calendar you have 4525. Out of the record. On page 12 of the Calendar under the Order of House Bills-Third Reading is House Bill 4363. Mr. Clerk, read the Bill.” 09400101.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
"House Bill 4363, a Bill for an Act concerning State Government. Third Reading of this House Bill.”
“Representative Holbrook.”
“Thank you, Speaker. I have House Bill 4363 today. It’s the lottery scratch off for wildlife. The Bill takes one-third of the revenue and gives it to DNR for the maintenance of wildlife rehabilitators that help threatened and endangered species. It takes a third and gives it to the State Board of Education for character and humane educational programs. And it takes a third and gives it to the population control program for our humane societies to help those with low incomes to be able to spay and neuter their pets. I’d be glad to take any questions on this.”
“Okay. Representative Holbrook has moved for the passage of House Bill 4363. And on that question, the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in reluctant opposition to the Bill. The Sponsor and I have talked about it, I think his intentions are noble. I think the… the services that this… these scratch-off games would benefit are noble, but let me tell ya what’s gonna happen. I… I voted for the veterans scratch-off game. I thought if anybody deserves some additional money, it would be the Department of Veterans’ Affairs so we could in fact do more for those who sacrificed so much for us. When I got home, I was besieged by calls and letters from schoolteachers, school board members who’d reminded me that since 1986 all proceeds of the lottery are to go to the Common School Fund and they do. 09400101.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Some people, yet, don’t believe that, but they have done that since 1986. So, when we created the scratch-off game for veterans, I voted for it. And some of my colleagues said, you’d better be careful because this is the proverbial camel’s nose under the tent. And once you create a scratch- off game, the proceeds of which go to a… another service… fund another service, no matter how good the service, no matter how noble the objective, you’re gonna start hearing from school board members, teachers, school administrators, and even, parents. And I’ve heard from all of those. And in effect what they’re saying, look we’re not arguing and we’re not upset over the… what you’re attempting to do and then… and that promoting this may be a good idea but find another revenue source. Because once you start to dilute the lottery and let lottery proceeds go elsewhere, you are in effect taking money away from the Common School Fund. I found that I could not legitimately respond to their concerns, because when I looked at it, they’re right. Every scratch-off game we create, no matter how noble the cause that the proceeds of that scratch-off game will go to, that is money that by a 1986 law is supposed to go to the Common School Fund. All profits of the lottery were to go to the Common School Fund. And I don’t know what you get when you go in your district, but I’m asked everywhere I go even today, what happened to the lottery money? Why isn’t all of the lottery money going to education? Well, up until last year, I could defend that and I could show them that the profit of the lottery did go to education. Now, we’re getting into two, three, four, five, six. Next year it’ll 09400101.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 be four more, the year after that it’ll be four more, and those proceeds do not and will not go to the Common School Fund. We went down this road for a long time before we passed the ’86 law making the lottery proceeds go to education. I cannot in good conscience vote for this Bill, as noble as it is and as much respect as I have for the Sponsor, because it’s going to bring up that question that you’re all going to get asked in the next few months in candidate debates and when you speak to a service club, what happened to the lottery money? All of the lottery money was to go to education. And now you’re gonna have to stand there and say, well, yes, but this is a good cause and that is a good cause and this is a good cause. They’re not going to accept that. They’re going to say when you aren’t fully funding K-12 education, why are you diluting the profit of the lottery that is supposed to by law go to education. It’s for that reason that I reluctantly rise in opposition of the Bill and I will vote ‘no’.”
“The Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. To the Bill.”
“To the Bill.”
“Ladies and Gentlemen, I rise in opposition to the Gentleman’s Motion for this Bill. It… again, is basic to the expansion of gambling in the State of Illinois. You know, last year we passed the breast cancer scratch off and the veterans’ scratch off. Now, we have this one for dogs and cats. When will it stop? And the previous speaker talked about the loss into the… into the Education Fund because the money was supposed to go for the lottery. There 09400101.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 are only so many discretionary dollars that the citizens of Illinois have. I’d rather them buy food and groceries and pay the rent in their home then to buy lottery tickets and those that can least afford it, who may not have a lot of money, may find this as a easy way to try and get a quick amount of money. It’s indicative to the underlying problem that we have in the state that we continue to fund state services with gaming money which is absolutely wrong. I rise in strong opposition to this. This is a bad idea, even though it’s done for the underlying issue is… is a good one. The continued expansion of gambling in this state is wrong. It’s not good public policy. And I would ask the Body to defeat this legislation.”
“Any further discussion? Then Representative Holbrook to close.”
“Thank you, Speaker. Again, I wanted to reemphasize where the money goes from this. One-third of it goes to the Department of Education for humane and character education which are underfon… underfunded programs now. A third of it goes to the wildlife rehabilitators that take care of our threatened and endangered species and a third of it goes to our Pet Population Control Fund for humane societies to help out. I’d appreciate an ‘aye’ vote.”
“And so, 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 60 voting 'yes' and 56 voting 'no'. And this Bill, having 09400101.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 received a Constitutional Majority, is hereby declared passed. Representative Myers, for what reason do you rise?”
“Point of per… a point of personal privilege, Mr. Speaker.”
“Yes, state your point.”
“Ladies and Gentlemen of the House, I’d like for ya to welcome in the west gallery today, a group of 14 students and 2 faculty members from Western Illinois University. The students are members of a class called Inside State Government and they’re taught by a Representative… Professor Myers, if you will. But they’re down here today to learn about the inside workings of State Government and to meet with officials from the Illinois government. Mr. Tim Mapes spoke to them earlier this afternoon. And we are very appreciative of all those who spoke to the group. So, if you will join me in welcoming students from Western Illinois University to the Illinois House today.”
“Welcome to Springfield. Representative Black, for what reason do you rise?”
“Yes, thank you very much, Mr. Speaker. In an attempt to give them the real inside workings of the House, I have an inquiry of the Chair.”
“Yes, state your inquiry.”
“Yes, on the previous Bill, the ‘no’ votes were 56, the ‘aye’ votes were 60. I’m having a hard trouble remem… I’m having a problem remembering the House Rules. Since I was one of the 56 ‘no’ votes, can I place the Bill on Postponed Consideration since we had so many ‘no’ votes?”
“No, Representative.” 09400101.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Are you sure? That used to be in the rules.”
“We… we checked the rules over and over and that’s not allowed.”
“So, that… that’s your answer on behalf of the Speaker?”
“That’s my answer, yes.”
“And… and you’re right, you’re right. I did that with tongue in cheek. But Mr. Speaker, just one request of you.”
“Yes.”
“Before I retire on account of ill health which… which means the voters get sick of you, that’s why most of us retire. Could I win one? Could I just win one inquiry before I retire? Wou… Would ya take it under advisement?”
“We’ll certainly take it under…”
“Thank you. You’re very kind.”
“…advisement, Representative.”
“Thank you.”
“On page 14 of the Calendar under the Order of House Bills-Consideration Postponed, we have House Bill 874. And Representative Berrios is recognized.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is on Postponed Consideration. And I just wanna clear up that it does limit the amount that municipalities with a population of less than 1 million may increase the licensing fee for vending machines. It limits the amount. This Bill is needed by the… by the vending industry to help keep prices low and competitive. Unreasonable license fees lead to higher consumer prices. So, this is a tool that allows us to put a limit on this fee increase. Thank you.” 09400101.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“The Lady moves for the passage of House Bill 874. And the Gentleman from Vermilion, Representative Black.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, it’s hard to hear in here. Was there in fact a court case that answered the question as to whether or not a city or municipality had a carte blanche to double or triple or do whatever they wanted to with the license fee for a vending machine?”
“In 1980 there was a court case in the Village of Burr Ridge. And what the court decision says was license fees which may be charged must bear some reasonable relationship to the cost of regulation and administration. These licenses bear a cost of two to three dollars. And some people were raising… doubling even tripling the fees so some people are paying over a hundred dollars for a sticker that goes on their machine.”
“Do you have the court case? Was it Burr Ridge v. something or somebody v. Burr Ridge?”
“It was… hold on, I’ll get that for you. Actually… I’m not sure, I just have that it was against the Village of Burr Ridge. A lawsuit was brought against the Village of Burr Ridge.”
“Okay. And… and it would be my understanding and I defer to the… the people who are attorneys in the… in the General Assembly, it appears that the court case said license fees which may be charged must… must bear some reasonable 09400101.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 relationship to the cost of regulation and administration. Correct?”
“Right.”
“All right. So, if a village wanted to put a $300 license fee on a vending machine, if the court has rendered a judgment, in your opinion, would that be a reasonable relationship to the cost of regulating and administering the vending machine?”
“Can you repeat the question?”
“Yeah, if… if I’m reading the court case correctly, that the cost of a license must bear some relationship to the cost of regulation and administration…”
“Right.”
“…of the machine, then if the… if the municipality wanted to put a $300 license fee on a machine, then there would be some precedent to say, that bears no relationship and the court has ruled you can’t do that.”
“That’s true, you would have to take it on a case-by- case basis.”
“Okay. So, in… in earlier debate, I think, some of us portrayed this as a potential tax increase and… and in actuality it’s a license issue and the issue may or may not have been settled in court back in 1987. So, your Bill says, it’s not that they can’t license the machine, it’s that the fee must bear some reasonable… Yes.”
“Excuse me, Representative.”
“Sorry.”
“Somebody bumped the button here. Proceed.” 09400101.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Mr. Speaker, you can only hope we get a new sound system after the renovation. So, in other words, you’re not… you’re not preventing a license fee increase…”
“Exactly.”
“…and you’re not looking for a tax increase in the true sense of the word, you’re just simply saying that they are limited in their ability to license the machine based on a 1987 court case. Right?”
“Right. It’s a 1980 court case, sorry, Representative.”
“’80, I’m sorry, 1980 court case.”
“But… Right. We are just putting a limit on that increase that…”
“All right.”
“…making it reasonable.”
“So, if… if they already have a hundred dollar license fee, you’re Bill does not negate that fee. Correct, it doesn’t roll the fee back?”
“No, it does not.”
“All right, fine. Thank you very much.”
“Thank you.”
“Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. I rise in support of this. This Bill allows some certainty to our food vending companies across the state, which provide jobs, to cap… to cap the fee increases on these business licenses to operate these machines within a municipality. There was some mix-up last week originally on this Bill. This is 09400101.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 really a Bill that limits any increases in fees or… or taxes on these machines. And I strongly support House Bill 874.”
“Representative Parke, Terry Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, this is the same Bill that you presented to us last week?”
“Yes, it is.”
“And in the discussion we were… we got some confusion on it and in fact this is a Bill favored by the vending machine association. Right?”
“Yes, it is. It’s their Bill.”
“Okay. All right. ‘Cause I thought it was… I was confused, I thought it was anti-them.”
“Oh, no.”
“So, this is… this is their initiative.”
“Yes, it is.”
“So, Ladies and Gentlemen, to the Bill. There was confusion last time. I think this is a… in the form that’s a… the way it should be, and I would rise in support of this leg… the Lady’s legislation. I think that ultimately it is good public policy.”
“Representative Mathias.”
“Will the Sponsor yield?”
“She indicates she’ll yield.”
“Now, if… if… obviously, this puts limits on municipalities that presently have fees. Is that correct, vending fees?”
“It only limits what they are planning on increasing.” 09400101.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Right.”
“And they can charge the fee that they’re currently charging.”
“What happens to a community that has no fee at the present time?”
“They can set a fee if they’d like. They don’t have…”
“Well, I…”
“…to set any fees if they don’t want to.”
“But your Bill says they’re limited to setting that fee at a percentage of their current fee if they have… in other words at 5 percent.”
“Right.”
“So, obviously, 5 percent of zero is still zero. So, how do they set… what mechanism do you have in your Bill for a community that does not have an existing bill… existing vending license fee?”
“They would be allowed to set a fee and then the increases after that would follow this Bill. So, this is for after that part… after they set a fee.”
“But does it say that in the… in… in your legislation? To me it says that it just puts a… You know, when you’re dealing with a tax cap if, for example, the community wants to go over and above that they can go to referendum. But your Bill has no… You know, this is an actual maximum, a cap, there’s no provision for going beyond that which is fine. I’m not arguing with that part of the Bill.”
“Right. Okay.” 09400101.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“But I believe there should be some legislation… because otherwise, why… what would stop a new community from raising the bill, you know, to an astronomical amount?”
“You have a good point there. And that I can’t really answer, but this was brought to me by the vending industry, so I’m sure they…”
“Well, obviously, they don’t want a bill… they don’t want any fee if they can help it.”
“Right. But, you know, they know that they… they’ll pay the fee. This Bill, I think, it’s like a hundred municipalities that it actually goes for. Yeah.”
“Well, would you be willing to work… I don’t know if you have a Senate Sponsor already…”
“No, I do not.”
“…to add some language in the Bill in the Senate to allow a fee for municipalities that do not presently have a fee?”
“I would gladly look into that.”
“Okay. Thank you.”
“No problem.”
“Any further discussion? Then Representative Berrios to close.”
“I just ask for a favorable 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? Have all voted who wish? Representative Churchill, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there 09400101.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 are 74 voting 'yes' and 42 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page… on page 8 of Calendar, Representative Golar, you have House Bill 4727 and the Rules Committee has approved an Amendment. So, Mr. Clerk, read the Bill, House Bill 4727.”
"House Bill 4727 has been read a second time, previously. No Committee Amendments. Floor Amendment #1 was adopted by the House. Floor Amendment #2, offered by Representative Golar, has been approved for consideration.”
“Representative Golar.”
“Yes, Mr. Speaker. House Bill 4727, the Amendment just takes out the part of felony and also part (d). It is a Bill set up for the ICC for abuse… actually, to expand the abuse of re… relocators and dispatchers.”
Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #2. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Representative Stephens, for what reason do you rise?”
“A point of personal privilege, Mr. Speaker.”
“Yes, state your point.”
“We have in the gallery on the Democrat side some students from the College of Pharmacy at Southern Illinois University-Edwardsville. And I’d like to welcome them to Springfield.” 09400101.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Welcome to Springfield. Okay. We’re gonna go to the Supplemental Calendar #1. We have some Resolutions and we’re gonna go down that list. Okay. Representative Saviano, House Joint Resolution 85. Out of the record. Representative Smith on House Joint Resolution 89. Representative Smith on the Resolution. It’s on the Supplemental Calendar. Representative Smith.”
“Thank you, Mr. Speaker and Ladies and Gentlemen. House Joint Resolution 89 is a… initiative of the Lieutenant Governor and in his role as chair of the Illinois River Coordinating Council. This simply designates the third Saturday of every September as Illinois River Day. And it celebrates the magnificent waterways and their impact upon the citizens of Illinois. And I ask for your favorable consideration.”
“Is there any discussion? The Gentleman from Bradley, Rep… from Williamson, Representative Bradley.” Bradley, J.: “Will the Sponsor yield?”
“He indicates he’ll yield.” Bradley, J.: “Representative, does this include creeks?”
“Creeks or cricks?” Bradley, J.: “Both.”
“Well, you know, they’re important tributaries to the Illinois River. So, I suppose in a way it does.” Bradley, J.: “How… how about canals?”
“I don’t think there are any… well, I’m not sure if the Hennepin Canal connects into the Illinois River, but probably not.” 09400101.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Bradley, J.: “All right. I… to the Bill. I support this effort.”
“All in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Saviano has returned on House Joint Resolution 85. Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. House Joint Resolution 85 commemorates the fiftieth anniversary of the Village of Rosemount’s incorporation back in 1956. We know the accomplishments that the mayor and the… and the village have experienced over the years, creating it… creating probably the third largest revenue generator for this state as a local unit of government. And I would ask that we approve and adopt House Joint Resolution 85.”
“Is there any discussion? Then all in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Turner, you have House Joint Resolution 90. Out of the record. Representative Moffitt on House Joint Resolution 92. Representative Phelps on House Joint Resolution 93. Out of the record. Representative Chapa LaVia, House Resolution 828. Representative Chapa LaVia.”
"Thank you, Speaker. House Resolution urges the state to insure that payments to Medicaid providers are made at a time so that physicians and other providers of health care services do not refuse to see patients who on Medicaid… are Medicaid recipients. Thank you.”
“So, any discussion? Rep… The Gentleman from Bond, Representative Stephens.” 09400101.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Representative, can you tell me how far behind that this administration is in making those payments, either timewise or dollarwise?”
"I’m not sure right now, Representative Stephens. I have spoken with my two hospitals and a lot of the providers in the area, and they’re very… they’re very frustrated as we are, as a General Assembly. And this is just another tool to give them, to make sure that they’re making payments promptly.”
“Do you agree with me that this year’s budget should include a reasonable amount of appropriation to catch up with those payments or do you agree…”
"I would… I would…”
“…with the Governor who says we should never catch up?”
Chapa LaVia: "I would agree with the first statement, Representative.”
“Outstanding. I… I would hope that Members on your side of the aisle will join us in refusing to pass this Governor’s budget until he deals with the $2 billion, practically $2 billion, backlog of Medicaid payments. I support your Resolution.”
"Thank you.”
“Is there any further discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. House Resolution 831, Representative Chapa LaVia.”
"Thank you, Speaker. This House Resolution urges the state to create a disaster preparedness response plan 09400101.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 that is funded with state funds designated solely for that purpose. With the last catastrophe that hit this state, with Hurricane Katrina and the way that we handled things, I think things could’ve been done in a more efficient manner. So, I urge for the Resolution to be adopted.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. House Resolution 835, Representative Osterman.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Resolution 835 establishes a House Committee that will look into the feasibility of doing a Illinois health survey. Surveys in California of the California residents have provided important information of public policymakers. We would like to take the House task force to look and see if this is feasible here within Illinois and done so in a cost-efficient way. And I would ask for everyone’s support.”
“Is there any discussion? Then the question is, ‘Shall this Resolution be adopted?’ 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… Representative Giles. Okay. Mr. Clerk, take the record. There are 116 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative Dunkin on House Resolution 836. Out of the record. Representative Pihos on 842, House Resolution 842. Okay. Somebody else wish to handle this one? Representative Bellock, did you 09400101.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 wanna do this one? It’s just a Resolution for Representative Pihos.”
“Thank you very much, Mr. Speaker. I know she had this Resolution in the Human Service Committee and it was to urge… I think the first Resolution was to urge the President and the Congress to keep more money into the LIHEAP budget for this year.”
“Okay. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Flowers on House Resolution 844. Representative Flowers.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Resolution 844 would urge the Governor to have signs posted in the pharmaceuticals or in the drugstores where pharmacists would be able to assist senior citizens filling their prescriptions. That it will help the pharmacists to help seniors, also, to get the right telephone numbers that they need in order to provide them with the proper prescription drug coverage in case the company in which they have insured with does not necessarily cover the medication in which they were prescribe for by the doctor’s office. And what happened was at Walgreens I saw a lot of seniors leaving their medication at the counter, number one, because their prescription could not be filled because it was a different prescription other than the one they were insured with and number two, a lot of them had not met their spend down. So, if there was a telephone number that will give assistance since the Governor do have this assistance program in the prescription drug coverage, it 09400101.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 would’ve been a lot easier and they would not have had to leave their medication on the counter. And I’ll be more than happy to answer any questions you have in regards to House Resolution 844.”
“And on the Resolution, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“She indicates she’ll yield.”
“Representative, now you’re saying… I mean, if you want this posted at every pharmacy in the State of Illinois, are you saying that the pharmacists are not helping the seniors?”
“Well, I’m not saying that the pharmacists are not helping seniors, but if you’ve gone to the pharmacist lately, there’s a backlog. And there’s only so much that a pharmacist might be able to do. And if there were telephone numbers posted, easily assessable (sic-accessible) for the pharmacists as well as the consumers, maybe the consumers could also help themselves since we do have a program… we do have a program in this state supposedly to help the seniors get access to their prescription drug coverage. It’s… remember it’s closing up that doughnut hole, but where is the telephone number to assist. So, if that number was public and more assessable (sic-accessible), a lot of senior citizens would be able to leave with their prescriptions as opposed to leave their prescriptions at the counter.”
“That makes no sense to me at all. If you’re telling me that because virtue of a phone number that that senior citizen’s gonna be able to walk away with their prescription 09400101.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 filled, it doesn’t make sense. First of all, they’re gonna have to have a phone to call the phone number. Now, are they gonna wait in the pharmacy and call this number and get the information that they need? And… and what happens if… if the phone number’s busy? ‘Cause I know that many of the state numbers that my citizens and your citizens call are used heavily and there’s a lot of times that it is busy… busy signals they’ll get. That’s the biggest complaint I have from people.”
“Well unfortunately, Representative, ever since the Federal Government in… brought on this Part D prescription drug coverage that a lot seniors must participate in and some of the companies in which they have their drug coverage with may not be the same the prescription that the doctor has written for them, so therefore, they may not be covered for this particular prescription. And what this Resolution is merely asking for, we do have a state number to assist seniors with their prescription drug coverage. And there are other companies out there that may have telephone numbers and I’m merely asking for those numbers to be posted, available for people who need them to have access to them. Now, you mentioned a telephone, maybe the pharmacist cannot make that telephone call. Maybe you are in the drug store with one of your loved ones and maybe you have your cell phone and you could make that telephone call to see if that senior could get the necessarily assistant. But the fact of the matter is, the number is out there, it must be made available in order to save these people’s lives.” 09400101.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“And… and I’m here to serve. That’s a fact. Now, Representative, are you gonna pay for all of these signs or… do you… are you gonna write a check for all these signs for all these pharmacies to put up these phone numbers?”
“If I could, Representative, I would. But I’m…”
“Well, who’s gonna… who’s gonna do it then if not you?”
“Well, I think we should do it. The state should do it as taxpayers because…”
“I see…”
“…because the number is out there and what good is the number… to have a number that no one have access to or can’t find. So…”
“Well, isn’t that the same number that’s in the literature that they all received to tell them about Part D?”
“Pardon me?”
“I mean they all have the phone number, Representative.”
“Oh, I don’t think so.”
“I do.”
“I don’t think so. I have not seen…”
“I think if you look… if you look at the paperwork, you’ll see it.”
“I have not seen a specific telephone number or telephone numbers in… in a public place posted in the pharmacist’s office or… not the office but at the drugstore in case you need assistance, you can call this number in order to close up that doughnut hole.”
“Now… now, are we gonna have the Governor’s name on these posters?” 09400101.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“If he want to, he can put his name on there, he’s the Governor. He could do so.”
“I’m… I’m just curious if we’re gonna have the phone…”
“Brought to you by the Governor of the State of Illinois. Why not?”
“So, oh yeah, there you go, but I thought he said he wouldn’t do that kind of stuff. Now, he can’t do that…”
“Well…”
“…’cause he agreed that he wouldn’t… you can’t do that… you can’t put your name over everything…”
“The Bill is merely asking…”
“…unless it’s a toll way.”
“…for the number not the…”
“If it’s a toll way, you can do that. I think that’s changed. Yeah, I think there was special legislation to allow toll ways to have their name on.”
“This… this Resolution, Sir, is calling for the telephone number, not necessarily anyone’s name in particular. But if he so…”
“Okay. Well, that’s good.”
“…want to do so, that’s okay.”
“And… and do you have any idea how much this is gonna cost?”
“I think it’s gonna be a minimum cost because it’s for information…”
“Well, there’s probably thousands of pharmacies in the State of Illinois, wouldn’t ya think?”
“Well, you know, I don’t know about you, but I had a big ‘ol bundle of material delivered to my office and I 09400101.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 didn’t know how much it cost, and I guess I’m supposed to pass it out for people who may wanna come in. But I think those…”
“Well, it’s only money, Representative.”
“Pardon me?”
“It’s only money.”
“Well…”
“Somebody had to pay for it.”
“I think there’s monies that could be spent wisely. And I think if we post one billboard with the telephone number or numbers, it will be a cost savings to so many people. Because remember these are…”
“In the long run.”
“In the long run, of course.”
“Yeah.”
“Remember these are senior citizens and it’s very difficult for them to try to navigate this new system that the Federal Government has put upon all of us as well as the state. So, this is just another avenue in order to help seniors.”
“Have you laid out how many phone numbers you want on these posters?”
“How ever many phone numbers there may be necessary. I don’t know…”
“So, a phone number for every…”
“…how many phone numbers…”
“…for every company that’s providing the service to our seniors?” 09400101.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Well, not necessarily companies, it could be one telephone number to the state and someone to answer to help the seniors to navigate to another telephone number.”
“I see. Okay. Thank you. To the Bill or to the Resolution.”
“It’s the Resolut…”
“Ladies and Gentlemen, you know we’re all here to try and help our seniors, I’m… I would not say that that’s not a good idea. I just question the practicality of the Lady’s Resolution but if it helps our seniors by having it posted, then sobeit. And we’ll worry about paying for it later, obviously, that’s not been defined and we’ll wer… worry about what will be on the sign later. I guess we’ll let the agencies decide that. This is another good idea on behalf of the bureaucracy of the State of Illinois telling free market what they’re to do and how to post things. And I hope our seniors read it and I hope they utilize it. Thank you.”
Speaker Hannig: “All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. I’m sorry, the Resolution. And the Resolution is adopted. Representative Chapa LaVia on House Resolution 851. Representative Chapa LaVia on 851.”
"Thank you, Speaker. This House Resolution deals with… declaring February, Women’s Heart Smart Month. It came a little bit late but the sentiment is still there. Thank you.” 09400101.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“All in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Bellock on House Resolution 852.”
“Thank you very much, Mr. Speaker. House Resolution 852 is to say that March 23, will be Autism Parents Day in Illinois and we’re inviting everybody to join us down here at… we’re expecting 3 or 4 hundred people to come on down.”
“All in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Pihos on House Resolution 858.”
“Thank you, Mr. Speaker. That House Resolution is being held for an Amendment.”
“All in favor of House Resolution 858 say… Oh, excuse me, you’re gonna hold that, Representative? Pardon me. Representative… Representative Turner on House Resolution 90, that’s back on page 1 of the Supplemental Calendar. Representative Turner.”
“Thank you, Mr. Speaker. House Joint Resolution 90 declares the week of February 27 through March the 4th as the Illinois State Historical Society Markers Awareness Week in Illinois. And I move for the adoption of House Joint Resolution 90.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Dunkin on House Resolution 836.”
“Thank you, Mr. Speaker. House Resolution 836 urges the State Board of Education to apply for participation in the growth-based accountability pilot program. This is 09400101.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 established by the U.S. Department of Jus… of Education and urges the U.S. Department of Education to use more flexible criteria in determining adequate yearly progress under the federal No Child Left Behind. And I ask for a favorable vote.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Yarbrough on House Bill 874… I’m… House Resolution 874.”
“Thank you, Mr. Speaker. House Resolution 874 recognizes the importance of ‘getting to goal’ for cardiovascular health and encourages citizens to have their cholesterol tested and ‘get to goal’. I ask for a favorable vote.”
“Any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Daniels on House Resolution 878.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill (sic-Resolution) 878 urges the establishment of a pilot program to promote alliances between community service providers, health care professionals, and local public safety in how to deal with individuals with developmental disabilities or mental illness. I seek your favorable support.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Pritchard on House Resolution 881.” 09400101.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Resolution sets forth a task force on municipal preannexation agreements for the purpose of studying the enforcement of municipal zoning ordinances in unincorporated areas that are noncontiguous to a municipality. I would ask for your support.”
“Is there any discussion? Then all in favor of the Resolution vote 'aye'; opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative Chapa LaVia on House Resolution 903.”
"Yes, Speaker and Members of the General Assembly, this House Resolution requests Department of Public Health to conduct a public awareness and education program to map… make residents aware of the prevalence of food allergies and how to deal with them. In the State of Illinois we have quite a few children and that’s where I’m focused on that go to school, eat out of our cafeterias, and can become deathly ill from eating, whether it’s peanuts, other issues… or other elements that they’re allergic to. So, I’m just urging a statewide awareness on that factor.”
“All in…”
“And I would urge a ‘yes’ vote. Thank you.”
“All in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Jefferson, you have House Resolution 905.” 09400101.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“Thank you, Mr. Speaker. House Resolution 905 encourages the State Board of Education to formulate a task force so that they can better understand how to distribute the truancy dollars. And I would ask for a vote of support.”
“Is there any discussion? Then the question is, 'Shall the Resolution be adopted?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lindner, Representative Pihos, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 103 voting 'yes' and 8 voting 'no'. And the Resolution is adopted. Representative Berrios on House Resolution 913. Out of the record. Representative Pritchard on House Resolution 931.”
“Thank you, Mr. Speaker. This Resolution deals with celebrating a hundred and fifty years of one of the communities in my district. I ask for your support.”
“All in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. Excuse me. Representative Black had a question. So, the Gentleman from Vermilion, Representative Black.”
“Yeah. Mr… Mr. Speaker, I had my speak light on, tell your assistant not to put her arm on my speak light.”
Speaker Hannig: “My glasses were getting a little foggy, Representative.”
“Well, both of our glasses are getting a little foggy. I just was curious if the Sponsor would ask one question.”
“He… he indicates he’ll yield.” 09400101.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“All right. Who… oh, Representative Pritchard. Representative Pritchard, where is the Village of Creston?”
“The Village of Creston’s on the eastern edge of Ogle County.”
“Ogle County.”
“Yes, you’ve heard of Ogle County.”
“I… I’m geographically challenged. Where is Ogle County?”
“It’s in the dead center of Northern Illinois.”
“Oh, I remember now. I have ogled Ogle County several times on the map.”
“Yes.”
“And so, Creston’s a hundred and fifty years old?”
“Correct.”
“Would you be willing to amend the Amendment congratulating Art Tenhouse on his 80th birthday, which I think is tomorrow.”
“Well, we… we’re kind of focused on a hundred and fifty years here.”
“Okay. All right. Well…”
“So, if you have any other Members of the Body that are celebrating a hundred and fifty, I would be glad to add them.”
“Well, thank you. Thank you very much. Mr. Speaker, I… I appreciate your indulgence so I could get those questions answered, because as you and I both know on this Order of Business, one cannot pay too much attention. The future of the western world hinges on many of these Resolutions being adopted satisfactorily. So, I just wanna wish the Village 09400101.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 of Creston in beautiful Ogle… Ogle… Ogle County, a happy 150th birthday. And at the appropriate time I’ll ask to be a cosponsor and maybe I’ll be invited to the birthday party.”
“All…”
“As long as it doesn’t cost any money.”
“All in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Rose, for what reason do you rise?”
“Parliamentary inquiry.”
“Yes, state your inquiry.”
“Is The Daily Show a comedy or not?”
Speaker Hannig: “Representative Delgado on House Resolution 932.”
“Thank you, Mr. Speaker and Members of the General Assembly. House Bill (sic-Resolution) 932 requires the Department of Human Services to develop performance indicators to help assess the level of attainment of outcome measures that addresses program participation and the delivery of quality services in the Temporary Assistance for Needy Families program, the Food Stamp program, and all medical assistance programs for children and families. And I would ask for your ‘aye’ vote.”
“Is there any discussion? Then all in favor of the Resolution vote 'aye'; opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. 09400101.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 And the Resolution is adopted. Representative Acevedo, you have House Resolution 935. Representative Acevedo.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 1935 (sic-935) urges the Federal Government not to reduce the number of positions in the Illinois National Guard. The Illinois National Guard commander has received orders from the Pentagon to cut National Guard troops levels by a thousand troops. This would impact negatively on the National Guard’s response time for natural disasters, natural emergencies, terrorist attacks, and war. Congress and many Governors opposed the Pentagon’s troop reduction. And at this time, Mr. Speaker, I’d like to ask all my colleagues to join me on this Resolution.”
“Is there any discussion? Then all in favor of the Gentleman’s Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Back on the regular order… or the regular Calendar on the Order of Business of Resolutions on page 15, we have some additional Resolutions. House Joint Resolution 84, Representative Moffitt. Representative Moffitt, you have House Joint Resolution 84. Would you like to present that?”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Res… House Joint Resolution 84 it really is an initiative of some constituent meetings that Senator Risinger and I held in our district. And of course, last summer a lot of Illinois was declared disaster area and yet in the fall going into winter, the federal program could not tell farmers what kind of relief there was gonna be made 09400101.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 available. They said there were loans but that’s as far as they could go. This Resolution urges the U.S. Congress to set in place what form of assistance is available when a county has been declared a disaster area. So, it’s a direct initiative of those impacted where yields were really hurt. And there’s an identical Resolution that’s been introduced in the Senate. Would urge your support of this, be happy to answer any questions.”
“Is there any discussion? Then all in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. House Joint Resolution 95, Representative Granberg. Okay. Let’s go on down the list. Representative Mathias on House Resolution 896.”
“Thank you, Mr. Speaker. This Resolution and next Resolution deals actually with smoking. In fact, we just came back from a press conference a few minutes ago dealing with a Bill that’s in the Senate right now with cigarettes that will dis… extinguish themselves. And so, smoking and cigarettes are on our minds, because there’s a lot of Bills before us. Basically, this Resolution recognizes the Buffalo Restaurant in the Village of Buffalo Grove as the first restaurant in the village to go entirely smoke-free. And I ask for your ‘aye’ vote.”
“Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. And Representative Mathias on 897.”
“And this is another Resolution along the same lines. This is a restaurant who came in a close second, they were right after the Buffalo Restaurant. It’s the Continental 09400101.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Restaurant who also went smoke-free. And I’m… I’m happy to say that actually that both restaurants have told me that it has not hurt their business one bit. All the employees feel great about working in these two restaurants because they feel their future health will be positively impacted. And I, again, ask for your ‘aye’ vote.”
“All in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Returning to House Joint Resolution 95, Representative Granberg is recognized.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution (sic-Joint Resolution) 95 urges the Department of Revenue to keep in place the same assessment policy used in 2005 for years 2006 and 2007 just for woodland areas. It appoints a task force to make recommendations to the department on a fair and practical use of woodland assessment.”
“And on the Resolution, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, it’s our understanding that the director needs to provide a letter for… signed letter for the director for…”
“Representative, we had… when we had Revenue Committee, I had this Resolution and I also had legislation. We passed the legislation out to require them, but that’s just a means for a vehicle. I had no intention of calling 09400101.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 that, if the director didn’t fi… in fact write that letter. So, that’s what we’re currently waiting on at this point.”
“Well, our staff would like to have a copy of that letter.”
“Sure.”
“Well, I’m… you know what, I’m just gonna take you at your word that there is a letter, you’ll get it to…”
“Right.”
“…our staff, and then we will be satisfied.”
“Yeah, I made my commitment in committee, Representative, that I would not call the Bill if in fact the director of Revenue wrote the letter that was agreeable to both sides of the aisle.”
“And they… and… well, right now, we’ll… we don’t have the letter, so if you could have your staff get it over to us.”
“Sure. Certainly.”
“Okay. We will be waiting for the letter and this Resolution’s fine.”
“Okay. Thank you, Representative.”
“Thank you.”
“Representative Eddy.”
“Thank you very much, Mr. Speaker. I stand in strong support of the Gentleman’s Resolution. I know that many of us have received concerned e-mails, letters from… especially those in our district who fear losing their property, being put out of their homes. This is an unintended consequence of Bulletin 810 and I believe that this solution that’s being offered is probably the best solution at this point. I think the letter that we’re referring to has been agreed 09400101.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 to by the Department of Revenue, that they’re gonna send it out to the assessors, that assessors realize the importance of this. And… and we’re… we’re help… hopeful that that’s all it’ll take. If not, Representative, my understanding is then there is legislation pending should that letter not be enough.”
“Roger, I’m not sure if you were there. In committee we passed the legislation that would require the moratorium, but because we’re engaged in good-faith negotiations with the department, I just wanted to have the Bill on the floor in case it might be necessary as a vehicle at some point. But it was my intention to move forward with the Resolution because the department… Director Hamer and Director Flood, we’re working with them on a very cooperative basis and things are, I think, progressed to the point where everyone will be satisfied.”
“Appreciate that and the task force’s report is supposed to be made back regarding this to the Department of Revenue to you within 2 years?”
“Correct.”
“Okay. Thank you very much. It’s a… good… good solution. I… I commend you for bringing it forward. Thank you.”
“Representative Bost.”
“Will the Sponsor yield?”
“Indicates he’ll yield.”
“Kurt, I… I just… and… and I think we just answered the question but I need to confirm. This is the one that actually creates the task force to do the study, basically we’re freezing where we’ve been over the last 2 years, 09400101.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 unless they’ve… unless they’ve already applied it. Is that correct?”
“Right. Correct.”
“I just wanted to make sure that that was…”
“Sure.”
Speaker Hannig: “Representative Stephens. Representative Stephens.”
“Gentleman yield?”
“Indicates he’ll yield.”
“Representative, this looks strangely familiar to a Resolution that was introduced by Representative Reis, I believe it was.”
“I’m sorry, Representative Stephens, I couldn’t hear you.”
“This… this Resolution looks very similar to a Resolution that was introduced by Representatives Eddy and Reis.”
“Yes, we’ve been… we’ve been working on this together. I put the Bill in. I introduced the legislation, the first Bill to actually deal with this issue. And at that time, we met with Director Hamer, Director Flood, Representative Reitz and I, Bill Foster with the township assessors, and others to try to reach consensus on this…”
“Representative, there’s something very strange about this Resolution and I wonder if you would mind helping me understand it. It says that you’re going to have a… one member appointed by the Governor and that person is supposed to have knowledge of farming and agriculture practices.”
“Did you want the appointment?” 09400101.doc 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
“I… I am not aware that the Governor has anybody in his administration that’s familiar with those issues. The reason I say that is because the industry’s been devastated for the past 3 years. And I wonder, other than Representative… former Representative Hartke who is seeming to be fighting a losing battle over there, I wonder does the Governor know a farmer.”
“Well, I think, Representative Stephens, the Governor might actually appoint you. I was gonna have that conversation with him.”
“You know what, I’m a pharmacist and it wouldn’t be the first time that this Governor got those words mixed up. Sometimes… you know, this is the guy who thought that The Daily Show was a news program. It… he didn’t understand why it was on the Comedy Channel. For goodness sakes, I don’t know. So, I think you’re right. I think we should amend this on its face and the Governor can appoint a pharmacist to deal with the pharmacy… farming issues. Thank you, Representative.”
“Representative Granberg to close.”
“Thank you. I would simply ask for an ‘aye’ vote.”
Speaker Hannig: “The question is ‘Shall the Resolution be adopted?’ 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? Rep… Representative Hoffman, do you wish to be recorded? Representative Nekritz, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the 09400101.doc 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And the Resolution is adopted.” Speaker Lyons, J.: “Representative Lyons in the Chair. On Supplemental Calendar #1, we have House Bill 442. Mr. Clerk, read the Bill. 4442. Mr. Clerk, on page 6 of the Calendar is House Bill 4442. Read the Bill, Mr. Clerk.”
"House Bill 4442 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Hannig, has been approved for consideration.” Speaker Lyons, J.: “Chair recognize Representative Gary Hannig.”
“Yes, thank you, Mr. Speaker, Members of the House. This Amendment narrows the thrust of the Bill. It was brought to me in something I discussed with the City of Chicago and the park districts. And it’s an agreed to an Amendment and I’d ask for it’s adoption and be happy to answer any questions.” Speaker Lyons, J.: “Any discussion? Mr. Clerk, any further Amendments? Motion to adopt Floor Amendment #1 to House Bill 4442. All those in favor signify by saying ‘aye’; those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted. Mr. Clerk, any further Amendments?”
"No further Amendments. All notes have been filed.” Speaker Lyons, J.: “Third Reading. Mr. Clerk, on page 10 of the Calendar is House Bill 5031, 5031. Read the Bill, Mr. Clerk.” 09400101.doc 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006
"House Bill 5031’s been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Hannig, has been approved for consideration.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Montgomery, Representative Gary Hannig.”
“Yes, thank you, Mr. Speaker and Members of the House. The underlying Bill deals with employment rights for noncertified personnel with the school district. This Amendment is something that was brought to me at the request of the committee Members. Again, it narrows the scope of the Bill. And I would move for its adoption and hap… be happy to answer any questions.” Speaker Lyons, J.: “Any discussion on Floor Amendment #2? The Chair recognize the Gentleman from Crawford, Representative Eddy.”
“Thank you very much, Mr. Speaker. Just have a couple of quick questions for the Sponsor. Representative, I appreciate the fact that you’ve worked on this and made some adjustments. I got some questions for ya… that I’d like to use on Third Reading to read into the record on this, but wanted to say I thank you for… for that and… and appreciate the movement so far. And I… I just wanna make sure we… we define the qualification of noncertified as to the bumping rights and we can work on that on Third, but I appreciate the fact that you did this.”
“Thank you.” Speaker Lyons, J.: “Representative Hannig moves for the adoption of Floor Amendment #2. Is there any further discussion? 09400101.doc 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Seeing none, all those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. Floor Amendment #2 is adopted. Mr. Clerk, anything further?”
"No further Amendments. No Motions filed.” Speaker Lyons, J.: “Third Reading. Mr. Clerk, Agreed Resolutions.”
Clerk Mahoney: "Agreed Resolutions. House Resolution 972, offered by Representative Durkin. House Resolution 974, offered by Representative Chapa LaVia. House Resolution 976, offered by Representative Rose. And House Resolution 977, offered by Representative Rose.” Speaker Lyons, J.: “Representative Currie moves the adoption of the Agreed Resolutions. All those in favor signify by saying ‘aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Agreed Resolutions are adopted. Mr. Clerk, we have the committee schedule for the afternoon. So, Members if you’d listen to the committee schedule. Mr. Clerk.”
"The following committees will meet immediately following Session… immediately after Session these committees will meet. The Executive Committee in Room 118, Higher Education in Room C-1, Appropriations-Human Services in Room D-1, Transportation & Motor Vehicles in Room 114, Environmental Health in Room 115. At 3 p.m. or a half-hour following Session the Labor Committee will meet in Room C- 1. At 3:30 p.m. Agriculture & Conservation will meet in Room C-1.” 09400101.doc 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Speaker Lyons, J.: “Seeing no further business to come before the House, allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned ‘til the hour of 11:00 on Thursday, March 2. All those in favor of the Resolution to adjourn signify by saying ‘aye’; those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the House stands adjourned ‘til tomorrow at 11 a.m.”
"House Perfunctory Session will come to order. Introduction and reading of House… or Senate Bills-First Reading. Senate Bill 2360, offered by Representative Beiser, a Bill for an Act concerning State Government. Senate Bill 2582, offered by Representative Chapa LaVia, a Bill for an Act concerning revenue. Senate Bill 2626, offered by Representative Parke, a Bill for an Act concerning public aid. Senate Bill 2748, offered by Representative Joe Lyons, a Bill for an Act concerning local government. Senate Bill 2774, offered by Representative Parke, a Bill for an Act concerning regulation. Senate Bill 2162, offered by Representative Saviano, a Bill for an Act concerning families. Referred to the House Committee on Rules, House Resolution 973, offered by Representative Chapa LaVia. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motions were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #3 to House Bill 4333; referred to the Order of Second Reading is House 09400101.doc 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 Bill 2197. Representative McKeon, Chairperson from the Committee on Labor, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 2113. Representative Granberg, Chairperson from the Committee on Agriculture & Conservation, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #3 to House Bill 43… 4238. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to House Bill 1917, Floor Amendment #3 to House Bill 1917, Floor Amendment #5 to House Bill 1917, and Floor Amendment #5 to House Bill 1917, and Floor Amendment #4 to House Bill 1917, Floor Amendment #1 to House Bill 2316, Floor Amendment #9 to House Bill 2414. Representative Hoffman, Chairperson from the Committee on Transportation & Motor Vehicles, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 280, and Floor Amendment #1 to House Bill 5506. Representative May, Chairperson from the Committee on Environmental Health, to which the following measure/s was/were referred, action taken on March 01, 2006, reported the same back with the following recommendation/s: 09400101.doc 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 101st Legislative Day 3/1/2006 'recommends be adopted' Floor Amendment #1 to House Bill 1620. There being no further business, the House Perfunctory Session will stand adjourned." 09400101.doc 104