“Let’s pray. Father, we just come to You in the name of Jesus. And Lord, as we’ve gathered here this morning in prayer that we know that today marks the 143rd anniversary of Abraham Lincoln’s proclamation of a day of national humiliation in fasting and prayer set on Thursday, March 30, 1863. And this proclamation, made during this… these dark days of the Civil War, reminds us today of our great need of prayer together as Your people. Lest we forget, Lord, that it is You that has blessed this land and prospered this nation. Father, we asked that You’d deliver us from our own wisdom. As in those dark days of the Civil War, how some thought that slavery and people were property and others thought that they should be free. We are determined, God, today that we cannot make those mistakes again. But we pray, Lord, that You’ll help us to go to your wisdom. Let us not forget and, Lord, as Abraham Lincoln urged us to pray on this day in humiliation in fasting and prayer to know that our dependence as a nation, as a state, as Legislators, Lord, as workers and servants of the people, that our help comes from You and from God alone. Deliver us from our pride and forgive us of the sin 09400111.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 of thinking that we can do this on our own. I pray God that You’ll give and bless these men and women with the wisdom that they need. And God, that you give them grace, Lord, to work through the agenda and the heavy schedule that’s before them today. May they know that if… as they look to You that You’ll give them the grace and the strength, Lord, to do and to serve the people of this fair land. And God, may we not forget You, as Abraham Lincoln taught us to do this back in 1863. May we know that our blessing and, God, our prosperity comes from Your hand, not from our own talents but, God, from Your hand. Lord, we just ask, God, and dedicate this time for You, and pray, Lord, that You’ll guide us and guide these men and women in the decisions that they must make. It’s Your help that we need, we confess it in the name of Jesus. Amen.” Speaker Lyons, J.: “We’ll be led in the Pledge of Allegiance today by Representative Beth Coulson.”
“I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.” Speaker Lyons, J.: “Roll Call for Attendance. Representative Currie.”
“Thank you, Speaker. Let the record… please let the record reflect that Representatives Jones and Patterson are excused today.” Speaker Lyons, J.: “Representative Bost.”
“Thank you, Mr. Speaker. Let the record reflect that Representative Leitch is excused today.” 09400111.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “Thank you, Representative. Mr. Clerk, take the record. 113 Members answering the Roll Call, the quorum is present. Mr. Clerk, Committee Reports.”
"Committee Reports. Representative Osterman, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on March 30, 2006, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 2272. Representative Reitz, Chairperson from the Committee on Revenue, to which the following measure/s was/were referred, action taken on March 30, 2006, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 702. 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 29, 2006, reported the same back with the following recommendation/s: referred to the Order of Second Reading is House Bill 1732; 'recommends be adopted' is Amendment #1 to House Joint Resolution 102; 'approved for consideration' and referred to the Order of Second Reading is Senate Bill 17, Senate Bill 1445; 'recommends be adopted' is Amendment #2 to Senate Bill 2349; on concurrences: referred to the floor, 'recommends be adopted' is Senate Amendment #1 to House Bill 1620, Senate Amendment #1 to House Bill 4135, and Senate Amendment #1 to House Bill 5259. Referred to the House Committee on Rules are House Resolution 1113, offered by 09400111.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Representative Turner and House Joint Resolution 113, offered by Representative Eddy.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Champaign, Representative Rose, for what purpose do you rise?”
“A point of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.”
“Ladies and Gentlemen, first of all, unfortunately, my alma mater, University of Illinois, is not in the tournament, there is a team with orange colors today. So in spirit, I’m wearing orange today for the tournament. But the reason I’m rising is that a few weeks ago I chastised publicly Representative Cultra for conspiring to have Illinois play Air Force in the tournament, and today Representative Cultra’s daughter, Brooke, is here with us who is at the Air Force Academy as a cadet. And I think we should all thank her for her service to our country. Thank you, Brooke.” Speaker Lyons, J.: “Welcome to Springfield. Glad to have ya. Thank you for your service to our country. Chair recognize the Lady from DuPage, Representative Bellock, for what reason do you seek recognition?”
“Thank you very much, Mr. Speaker. A point of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.”
“We would just like to the thank the entire chamber on the behalf of COWL, the Conference of Women Legislators, for all the support we received from the Legislators and everybody in the General Assembly. Last night it was a 09400111.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 terrific success and we especially wanted to thank Karen May, Pat Lindner who chaired the event, and especially our star, Art Turner who subbed in at the last minute and Suzie Bassi who are the new stars. We wanna thank everybody, it was a terrific success to help women in government throughout the State of Illinois. Thank you.” Speaker Lyons, J.: “Thank you, Representative, and congratulations to the COWL Caucus for another fabulous event. Chair recognize the Gentleman from DeKalb, Representative Pritchard, for what reason do you rise?”
“A point of personal privilege, Mr. Speaker.” Speaker Lyons, J.: “Please proceed, Representative.”
“In the Speaker’s gallery this morning, we have a group a seventh graders from DeKalb County. I would ask the House to recognize them and to put on our best display of polite activity today. Thank you.” Speaker Lyons, J.: “Welcome to Springfield. Ladies and Gentlemen, we’ll proceed from page 3 of the Calendar on Senate Bills-Third Reading. Senate Bill 509. Read the Bill, Mr. Clerk.”
“Senate Bill 509, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Cook, Representative John D’Amico.”
“Thank you, Mr. Speaker. Senate Bill 509, what it does it gives the municipalities the right to reduce the speed limits around the park zones… similar to that of… that’s around schools right now. I’ll be free to answer any questions.” 09400111.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “There any questions? Seeing none, the question is, 'Should Senate Bill 509 pass?' All those in favor signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black. Representative Flowers. Representative Black. Representative Black. Representative Munson. Mr. Clerk, take the record. On this Bill, there are 113 voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 3 of the Calendar is Senate Bill 1086. Read the Bill, Mr. Clerk.”
"Senate Bill 1086, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.” Speaker Lyons, J.: “Chair recognizes the Gentleman from White, Representative Brandon Phelps.”
“Can we come back?” Speaker Lyons, J.: “Mr. Clerk, take that Bill out of the record on the request of the Sponsor. Mr. Clerk, read Senate Bill 2235.”
“Senate Bill 2235, a Bill for an Act concerning education. Third Reading of this Senate Bill.” Speaker Lyons, J.: “Chair recognizes the Lady from Cook, Representative Esther Golar.”
“Thank you, Mr. Speaker. This Bill was originally House Bill 4740. It amends the Grow Your Own Teachers Act. The Bill provides that ISBE shall establish criteria that will help candidates develop tools for working with parents and 09400111.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 other community members. I will take any questions at this time.” Speaker Lyons, J.: “There any questions of Senate Bill 2235? Seeing none, all those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Giles. Mr. Clerk, take the record. On this Bill, there are 113 voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, let’s go back to Senate Bill 1086. Read the Bill, Mr. Clerk.”
"Senate Bill 1086, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.” Speaker Lyons, J.: “Chair recognize the Gentleman from White, Representative Phelps.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1086, there’s no opposition. This is a Bill from the Mid-West Truckers Association that simply says that IDOT will notify… Oh. Counties and townships and municipalities will notify IDOT on what existing roads that our truckers can use. And I ask for an ‘aye’ vote.” Speaker Lyons, J.: “Any questions on Senate Bill 1086? Seeing none, the question is, 'Should Senate Bill 1086 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This 09400111.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, on page 3 of the Calendar is Senate Bill 2375. Read the Bill, Mr. Clerk.”
"Senate Bill 2375, a Bill for an Act concerning insurance. Third Reading of this Senate Bill.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Cook, Representative Paul Froehlich.”
"Thank you, Mr. Speaker. Senate Bill 2375 is a one-sentence Bill. It simply says that the Division of Insurance should enforce the provisions of a Section about the firefighters’ continuance privilege, which is their group health insurance coverage. I know of no opposition. I ask for an ‘aye’ vote.” Speaker Lyons, J.: “Anybody seeking recognition regarding Senate Bill 2375? Seeing none, the question is, 'Should Senate Bill 2375 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 3 of the Calendar, Mr. Clerk, is Senate Bill 2400. Read the Bill, Mr. Clerk.”
"Senate Bill 2400, a Bill for an Act concerning health. Third Reading of this Senate Bill.” Speaker Lyons, J.: “Chair recognizes the Lady from Cook, Representative Karen Yarbrough.” 09400111.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Thank you, Mr. Speaker and Members of the House. Senate Bill 2400 is a follow-up Bill. Last year, we passed House Bill 672 and it became law to allow municipalities if they wish in their discretion to pass smoke-free local ordinances. Where municipalities have common boundaries, they can do about smoke-free ordinances as they have done about across-the-street issues: not act, act the same, or do something different. However, more and more we see development in county unincorporated areas just outside… just across the street from a municipality. One side of the street is a municipality and the other side, unincorporated county. So House… so Senate Bill 2400 gives non-Home Rule counties what they need: authority. But authority strictly limited, limited to unincorporated parts of the county to act or not act, to match what happens across the street about smoke-free ordinances. I’d be happy to answer any questions.” Speaker Lyons, J.: “Any questions regarding Senate Bill 2400? Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, can you tell me how a county would go about this? What’s the process and procedure?”
“The Cook County Board would actually take this under consideration.”
“All right. So, it would have to be done by an act of the county board, correct?” 09400111.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“That’s correct.”
“And I assume that means that there would be an agenda item so the public would be aware that this was under discussion?”
“That’s correct.”
“And it’s been awhile since I’ve served on the county board, I would assume private business owners who had some concerns about how it might impact their business would be able to come in and testify… ya know, it would be an open process. I guess I’m trying to say, there’s due process here, the county would get comments from those in support and those in opposition, correct?”
“That would be correct.”
“All right. There’s nothing in this Bill that says any county must adopt or at least propose this resolution. It’s completely permissive, right?”
“That’s correct.”
“If a county wants to put it on the agenda, they can. If they don’t want it on the agenda, they don’t have to.”
“That’s correct.”
“Okay, fine. Thank you very much.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Carolyn Krause.”
“Thank you, Mr. Speaker. To the Bill.” Speaker Lyons, J.: “To the Bill.”
“I rise also in support of this legislation and do commend the Sponsor for all of her work and moving forth on these types of issues. This is, again, a health care issue and it is as pointed out discretionary by the counties. 09400111.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 But because it is so strongly supported by the public, I think we are all hopeful that, again, there will be an opportunity for unincorporated areas to have the benefit of a no-smoking bans, and the public strongly supports this. It is a good Bill and I join with others in urging a ‘yes’ vote.” Speaker Lyons, J.: “Representative Yarbrough to close.”
“I just ask for a favorable vote.” Speaker Lyons, J.: “The question is, 'Should Senate Bill 2400 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bassi. Representative Chapa LaVia, like to be recorded? Mr. Clerk, take the record. On this Bill, there are 89 Members voting 'yes', 24 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Peoria, Representative Schock, for what reason do you seek recognition?”
“Thank you, Mr. Speaker. I rise for a moment of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.”
“Would the Clerk please read House Resolution 1122.” Speaker Lyons, J.: “Mr. Clerk, read House Resolution 1122.”
"House Resolution 1122, offered by Representative Schock. 09400111.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 WHEREAS, The Richwoods High School Knights boys basketball team of Peoria recently placed second in the IHSA Class AA Boys Basketball State Tournament; and WHEREAS, The team finished the season with a record of 26 wins and seven losses; they were the Mid-State Six Conference Champions, and regional, sectional, and super-sectional champions; and WHEREAS, Bill Cole, Justin Dehm, and Ryan Phillips were named to the All Conference First Team; Patrick Hogan received an All Conference Honorable Mention; Bill Cole received several other honors, including being named to the Quincy Thanksgiving Tournament and Pekin Holiday Tournament All-Tournament Teams, the IBCA First Team, and the IHSA Class AA State Tournament First Team; he also received an All-State Honorable Mention from the A.P.; Justin Dehm was also named to the Quincy Thanksgiving Tournament All-Tournament Team, the IBCA Third Team, and the IHSA Class AA State Tournament First Team; and WHEREAS, The team is comprised of: seniors Matt Coates, Patrick Hogan, Steve Kouri Jr. (captain), Dan Mathis, and Ryan Phillips; juniors Bill Cole, Justin Dehm, Cody Halstead, Lawrence Hardin, Ned Matuzak, DeCarlos Ross, and Courtney Smith; sophomores Nick Morgan, Frank Polnitz, Troy Rice (manager), and James Robertson; and freshman Jake Fiddes; and WHEREAS, The Knights are led by Head Coach Mike Ellis and Assistant Coaches Brett Elliott, Steve Wood, Robert Foster, and Kerry Nixon; and 09400111.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 WHEREAS, The team is supported by Superintendent Mr. Ken Hinton, Principal Mr. John M. Meisinger, Assistant Principal Mr. Stephen Schoch, and Athletic Director Mrs. Diane Pettet; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Richwoods High School Knights boys basketball team on placing second in the IHSA Class AA Boys Basketball State Tournament; and be it further RESOLVED, That a suitable copy of this resolution be presented to each of the members and coaches of the Knights and to Richwoods High School as an expression of our esteem.” Speaker Lyons, J.: “Representative Schock.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, if I could have your attention, please. In the Speaker’s gallery with us this morning is the second place state champion IHSA Class AA boys… mens… boys basketball team. If you’d please stay up so the House Members can identify you. Ladies and Gentlemen, these folks are from Peoria. I have to say I’m doubly proud, Richwoods High School happens to be my alma mater. It was only 6 years ago, believe it or not, that I graduated from Richwoods High School myself. So, I was even more proud to be a Peorian and to be a Richwoods Knight when the basketball team before you really came from nowhere. They were not predicted to be one of the finalists, they were not predicted to go all the way to state. And until they met up with Chicago Simeon, were on their way all the way to victory. So, please join me in welcoming a team that came 09400111.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 from nowhere, that overcame the odds and really were an inspiration to their community and to all of the State of Illinois. My hat’s off to you, gentlemen, you did an awesome job. You represented your community well, the State of Illinois well, both on the court and off the court. Congratulations and we hope to have you back here next year.” Speaker Lyons, J.: “Congratulations, Richwoods Knights. The whole State of Illinois is proud of ya. Thanks for being here. Welcome to Springfield. On page 3 of the Calendar, Mr. Clerk, is House Bill 2487. Read the Bill, Mr. Clerk. Out of the record. On page 3 of the Calendar is Senate Bill 2511. Mr. Clerk, we’ll take that Bill… we’ll take that Bill out of the record. Mr. Clerk, on page 3 of the Calendar is Senate Bill 2695. Read the Bill, Mr. Clerk.”
"Senate Bill 2695, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Susana Mendoza. Representative.”
“Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Before I get into Senate Bill 2695, I just want all the Senators invading our turf right now to know that they’re goin’ down next week in the softball game. All right. Anyway, Senate Bill 2695 deals with the assistance for involuntary discharging nursing home residents. What this Bill does, it requires nursing homes to inform the case coordination unit when a resident is being involuntarily discharged and supply the resident or his or her representative with the contact information of the case 09400111.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 coordination unit. The reason why this Bill is important is because involuntary discharge is often the result of the resident, at no fault of their own, being… of their own, I should say, being unable to pay for their care. And an individual being involuntarily discharged from a nursing home will need assistance in locating a home and community- based services or another type of long-term care facility. Case coordination units need to be informed in order to assess the individual and to help provide the best service possible or a list of services for these people. So, I would ask for a favorable vote. There’s no known opposition to this Bill. And it’s an important Bill to… the AARP as well as other long-term interests. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, what would constitute an involuntary discharge?”
“Well, if the… my understanding is if the person is unable to pay or no longer has the resources or it’s beyond their control but the nursing home wants to… said they can no longer continue to provide care for that individual, they would in that instance be involuntarily discharged. And so, we’d like to be able to provide a list of services or potential outlets of information to these people on their way out.” 09400111.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Do you mean a nursing home can discharge a person if they fail to pay the bill?”
“Well, there could be different reasons for the discharge. My understanding, though, is that this happens a lot more often than we’d like and the individuals on their way out many times don’t know what resources are available to them.”
“Mr. Speaker… Mr. Speaker.” Speaker Lyons, J.: “Yes, Representative Black.”
“Could we have some order in here?” Speaker Lyons, J.: “Ladies and Gentlemen, the noise level on the floor is very loud for reasons that are beyond our control at the moment. But Representative Black is right, can we bring it down just a little bit, please.”
“Yeah, Ladies and Gentlemen of the House, I’ve been in a kindergarten study hall that had more courtesy than we’re displaying here today. Move your conversations off the floor or otherwise shut up. If some of ya don’t wanna do the work here, leave. There are some of us who would like to understand legislation before we cast a vote on it, and I’d like to hear the response. Now, let’s start over, Representative. Are you telling me that an involuntary discharge can be because a person doesn’t pay his or her bill?”
“Well, that would be a situation. There’s also situations where the person may feel that… sorry, excuse me… where the person may feel that there are other options available to them but they don’t know what they are. And so, what we wanna do is make sure that anyone who could 09400111.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 potentially be treated in maybe a less restrictive environment would have that option available to them. And we would let them know what that option is, either to them or perhaps their caregiver, the person responsible for their care outside of that nursing home.”
“What if the State of Illinois doesn’t pay the nursing home and the nursing home shuts down? Would that be an involuntary transfer?”
“I would assume so. I mean, if I’m being cared for and the institution shuts down that’s of no fault of my own and I would need to be able to be placed in an environment that would provide me the care that I merit… or that I require at that time.”
“In the last 2 years, do you have any idea how many nursing homes in this state have declared bankruptcy?”
“I don’t know that answer, Representative.”
“Twenty-three.”
“Twenty-three.”
“And I think there’s three pending. Do you know the main reason for those bankruptcies?”
“I… I will believe that you know the answer to that question. And I’d be…”
“The state… the state… and no wonder nobody wants to listen…”
“I would assume because we don’t…”
“…nobody wants to listen to this. It’s because the state won’t pay its bills.”
“Well, that would’ve been my answer but… yes.” 09400111.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Yeah. We want nursing homes to take in the poor, the aged, the infirmed, put them on Medicaid and then we ask the nursing home operator to get their money in a hundred and twenty days, a hundred and eighty days, and then some of ‘em go broke.”
“Um humm.”
“We are currently $2 billion in Medicaid debt in this state. I think that is an absolute travesty. It’s something that all of us should take great pride in. And you’re doggone right, an involuntary transfer is when the state causes a nursing home to go broke because we don’t pay the bill on time. You have to transfer the individual maybe to a nursing home completely away from their support network, what’s left of their family. This is really a proud thing to sit here on this floor and know that we’re part of this mess. And here we sit a week before adjournment and we haven’t discussed one minute of a budget. I find this whole matter to be something to be ashamed of. We are not maintaining nor doing the work we were sent here to do. And we should demand that our Leaders get serious. Why are we canceled tomorrow? Why did we cancel Saturday and Sunday? We should be here as the Calendar called us to be here to work on items just like this. So that we don’t have to involuntarily transfer our senior citizens, our most vulnerable citizens, because their nursing home can no longer afford to operate. I think it’s ridiculous that we go home tomorrow and come back on Monday and sit here and fiddle and diddle and piddle while the State of Illinois burns, while the 09400111.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Republican Party isn’t even invited to a budget meeting. And in yesterday’s Springfield paper a spokesperson for the Governor is quoted I assume accurately of saying, and I quote, ‘We may invite the Republicans to participate sooner or later.’ What a bunch of baloney. The baloney going on in this administration couldn’t be warehoused in an Oscar Mayer warehouse. I, for one, am tired of this stuff. I’m tired of the baloney. I’m tired of us not doing our job.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Julie Hamos.”
“Thank you. Ladies and Gentlemen, to the Bill. I rise in support of this Bill because what this does is to put into law and validate the role of the case coordination unit. And if you all remember when we worked on the comprehensive long-term care restructuring plan, Senate Bill 2880, part of that was in fact providing case managers for people who are old and vulnerable. That is a component of the budget. It’s something that we’re going to… turn into something more comprehensive than has previously existed. And this Bill is one component of hooking up seniors with case coordination managers. I rise in support and urge an ‘aye’ vote.” Speaker Lyons, J.: “No one else seeking further recognition, Representative Mendoza to close.”
“Thank you, Representative… or thank you, Mr. Chair… or Mr. Speaker, I should say. Members of the General Assembly, we just ask for an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “The question is, 'Should Senate Bill 2695 pass?' All those in favor signify by voting 'yes'; those 09400111.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, would you like to be recorded? Representative Fritchey, Representative Stephens, like to be recorded? Representative Bradley. Representative Froehlich, would you like to be recorded? Thank you, Paul. Mr. Clerk, take the record. 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Molaro, for what reason do you seek recognition?”
“Thank you, Mr. Speaker. Let me point out… obviously, everybody knows we have a softball game Tuesday night at six. Talk to your captains. But that being said and I know Senators are allowed in the chamber on Senate business and on government business. He’s just here with this trophy, this is not business. This is not the business of the… I would ask that the Sergeant of Arms remove this Senator immediately and remove this trophy. And I’d like… I’d like a Roll Call vote. Could we please have him removed, Sir? I’m not… Mr. Speaker, I’m not kidding. I want him removed.” Speaker Lyons, J.: “Representative Molaro, I would suggest that you just keep the trophy here ‘cause it’ll be coming back on Tuesday anyways.”
“I’m gonna do something I’m gonna be sorry for in about 2 minutes. You… he better run away.” 09400111.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “Thank you, Representative Molaro. Ladies and Gentlemen, on page 3 of the Calendar is Senate Bill 2713. Representative Hassert, Representative McGuire, do you care to call Senate Bill 2713? Out of the record. Mr. Clerk, on page 3 of the Calendar is Senate Bill 2716. Representative Flider. Read the Bill, Mr. Clerk.”
"Senate Bill 2716, a Bill for an Act concerning business. Third Reading of this Senate Bill.” Speaker Lyons, J.: “The Chair recognize the Gentleman from Marion… Macomb… Macon, Representative Flider.”
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2716 was passed unanimously in the Senate. It amends the Motor Fuel and Petroleum Standards Act to clarify that volatility standards for gasoline blended in ethanol shall be the same as the federal standards. The Bill specifies that gasohol shall meet the standards set forth in the listed Sections of the Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Inspection Law as provided in the National Institute of Standards and Technology Handbook 130. Senate Bill 2716 would certify that Illinois’s gasohol blending standards meet the applicable state and federal requirements. This insures Illinois’s standards are consistent with federal standards for purposes of gasoline blended with ethanol or gasohol. It eliminates ambiguity in the statute and I would ask for your support.” Speaker Lyons, J.: “Any questions regarding Senate Bill 2716? Seeing none, the question is, 'Should Senate Bill 2716 pass?' All those in favor signify by voting 'yes'; those 09400111.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Eddy. Roger. Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 3 of the Calendar, Mr. Clerk, is Senate Bill 2728. Read the Bill, Mr. Clerk.”
"Senate Bill 2728, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.” Speaker Lyons, J.: “Chair recognizes the Lady from Grundy, Representative Careen Gordon.”
"Thank you, Mr. Speaker. Ladies and Gentlemen, Senate Bill 2728 would require the Department of Public Health to develop educational materials on meningitis for distribution in elementary and secondary schools. The information would come from their website, a program that they currently administer called HealthBeat. Meningitis has become a significant problem in our state and it’s now time to get out the information to the younger children in the same way that we do at the college level and I would ask for your support.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, is this something that will be a separate brochure or is it just going to be part of a 09400111.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 medical brochure that lists lots of diseases? How do you envision this to be distributed?”
"The information… Public Health currently has a website and they have… they have information on that website of… I mean, an entire list of diseases that I have in front of me. They’ll develop that information to be… meningitis to be on that website, as well. And the information will be available to the schools that they can then distribute. It is not a separate program. It is not a mandate but the information will be there for the school professionals, for the parents and for the children.”
“Where’s it gonna come from?”
"The Department of Public Health.”
“Where’s that information gonna come from? Is it gonna come from the Department of Education…”
"Pardon?”
“…is it gonna come from the Department of Education or do you just tell the school, look up the website? I mean, I don’t understand what you’re trying to do here.”
"I’m trying to get information about meningitis…”
“I understand the information…”
"I can’t hear anything either, I can’t hear.”
“I understand the information…”
"Mr. Speaker, nothing…” Speaker Lyons, J.: “Yes, Representative.”
"Can… I can’t hear anything.” Speaker Lyons, J.: “Ladies and Gentlemen, once again, it is awfully loud on the House Floor and it’s very hard for people trying to have a serious debate on this issue to 09400111.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 hear them speak. Could I please ask for some order on the House Floor. Proceed, Representative Parke.”
“Again, all I wanna know is how’s the information gonna be disseminated? Is it gonna… you’re gonna tell the schools that they should look up this website? And then, if they choose to do it, they’ll do it or is it gonna be part of a brochure that lists lots of other diseases to be watched out for?”
"It will not be part… I don’t envision it as part of a brochure that would be lots of other diseases because the information on meningitis alone or Alzheimer’s or all these other diseases that are currently available on HealthBeat through the Department of Public Health, can be looked up individually. The schools… the Department of Public Health will then be able to disseminate this information. The schools will have the knowledge that it is there on that website.”
“So, simply…”
"It can be separate or they can look up as much information as they want.”
“So, this is almost like a Resolution. You’re just simply telling the schools that there’s a website they can look up and find the information. I mean, why do we need a Bill at all for this?”
"Well, Representative, it’s legislation for the Department of Public Health so that they get the information together and put it on there. This is the ave… this is the route that I chose to take.” 09400111.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Well, it just seems like it’s a waste of energy for this Bill. I think the schools oughta know that this website is available because that’s part of their responsibility for nurses who knows disseminating health care information. But again, on the face of it, I don’t have a problem with the underlying Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Crawford, Representative Eddy.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, this is not in any way a mandate for any school to use that material. It simply is the kind of mandate, I think, more schools would like to see and that is, here’s some information, it’s being created at no cost. It’s the kind of thing you might actually go looking for but instead of you having to go look for it and using that time and energy, we’re gonna work on a good message that’s consistent for all school children. We’re gonna provide it to you and use it if you want to.”
"Exactly, Representative, and that goes with our conversation in the Education Committee and that’s why every single Member of the Education Committee asked to be a cosponsor of the legislation.”
“Okay. To the Bill. This is exactly the kind of thing I think we should be moving toward, when we’re talking about helping schools educate our children without mandating or costing schools money. I strongly support the Bill and I urge an ‘aye’ vote.” 09400111.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Will Davis.” Davis, W.: “Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.” Davis, W.: “Representative, according to the analysis, it says that this program could cost about $200 thousand. Is that correct?”
"No, that’s not. That’s just… that was the Department of Public Health asking if this was a mandate on the schools, where they would have to develop an entire new program, that would’ve been their projected cost. But that’s not the intent of this legislation. So, it does not cost that amount of money.” Davis, W.: “Does not cost anything.”
"No.” Davis, W.: “Well, help me out and let me make sure I understand. I can certainly appreciate what you’re trying to do in terms of making sure that kids are… are educated. How do you prevent meningitis?”
"How do I prevent… well…” Davis, W.: “Yes. How do you prevent meningitis?”
"Representative, I have information about the disease but I am not a medical doctor in any way, shape, or form. I know when I transferred from Purdue University to the University of Illinois they had a situation in the dorms there and I was required to receive a vaccine before I was allowed to be at the school. As for other preventative measures, that’s the type of information that’s going to be 09400111.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 available through the Department of Public Health to be disseminated to people so they have that information.” Davis, W.: “Well, I’m trying to understand because particularly in the African-American community when you talk about preventing heart disease, dealing with things like high blood pressure, you can point to specific lifestyle changes that need to be done to help reduce the incidences of such type of disease. So, I’m just kinda asking a question for my own education sake. What do you tell children not to do to prevent meningitis?”
"Well… and that’s the important part of this legislation, Representative. Right now, the Department of Public Health doesn’t have that information on this website, so that’s why they’re developing the information and that will be included in what’s going to be given to the schools and to the parents and to the children so that they do know. You’re question is exactly the reason why we need this Bill, to get the information out there.” Davis, W.: “Okay, Representative, thank you.” Speaker Lyons, J.: “Seeing no further questions, Representative Gordon to close.”
"I would urge an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “All those in favor of the passage of Senate Bill 2728 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, 09400111.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Lady from DuPage, Representative Patti Bellock. For what reason do you seek recognition, Representative?”
“Thank you very much, Mr. Speaker. A point of personal privilege.” Speaker Lyons, J.: “Please proceed.”
“I’d just like to have all the Members welcome a group here today from the Southwest DuPage Women’s Group of DuPage County. Thank you.” Speaker Lyons, J.: “Welcome to Springfield, ladies. Mr. Clerk, on page 3 of the Calendar is Senate Bill 2732. Read the Bill, Mr. Clerk.”
"Senate Bill 2732, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I’m very happy to carry this Bill for Representative Lou Jones. As amended this Bill is identical to House Bill 4726, which passed the House 115-0 back about a month ago. It creates a mandatory peer review program for CPAs as a condition of license renewal. I am thankful for my bipartisan cosponsorship and I would ask for a favorable Roll Call.” Speaker Lyons, J.: “No one seeking recognition on Senate Bill 2732. The question is, 'Should Senate Bill 2732 pass?' All those in favor please signify by voting 'yes'; those opposed by voting 'no'. The voting is open. Have all 09400111.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 112 Members voting 'yes', 0 voting 'no', 1 Member voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar, top of the page, is Senate Bill 2738. Read the Bill, Mr. Clerk.”
"Senate Bill 2738, a Bill for an Act concerning adoption. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes the Lady from Kane, Representative Pat Lindner.”
“Thank you, Mr. Speaker. This Bill is a constitutional cleanup Bill to a portion of the Adoption Act describing unfit persons. And it’s an effort by the Cook County State’s Attorney, Public Defender, and Public Guardian to bring the Act in line with the Supreme Court case of in re D.W.” Speaker Lyons, J.: “No one seeking recognition regarding Senate Bill 2738, the question is, 'Should Senate Bill 2738 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Myers, Representative Winters, would you like to be recorded? Mr. Clerk, take the record. On this Bill, 113 Members are voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar is Senate Bill 2740. Representative Smith. Read the Bill, Mr. Clerk.” 09400111.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
"Senate Bill 2740, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Gentleman from Fulton, Representative Mike Smith.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. This is an initiative of the Associated Firefighters of Illinois. It simply would say that when the county collector collects the levy for the municipal pension funds for firefighters and police officers, that… that they have 30 days to deposit that… or, I’m sorry, to forward that to the treasurer of the Pension Fund, which in… in that case is the municipal treasurer. Currently, there is no time limit for that and this simply would say that they have to do that within a 30-day period of collecting that levy. Be happy to answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Ken Dunkin.”
“Thank you, Mr. Speaker, Members of the House. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, I’m just trying to figure out the purpose of this Bill.”
“Well, this… this would make sure that the funds that are raised through the levy for the pensions are deposited in the Pension Fund and that they’re not sitting around collecting interest for other purposes.”
“So, is there a precedent or an example throughout the state that… where this is happening?” 09400111.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“I think there’s a concern that… that in some municipalities that may be the case, that perhaps the levy is not forwarded in a efficient manner to the Pension Fund. We’re talking about millions of dollars here, of course, and, you know, 30 days of interest on that is a lot of money to the Pension Fund.”
“Thank you, Mr. Speaker.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, I’m in favor of the Bill, but I need to ask a couple of questions on some things that I personally don’t understand. When you forward the money as it says in your Bill to the treasurer of the firefighters’ pension, is this money… what do they do with the money? I mean, do they invest it? Are they in charge of it? Is it sent to the state? What safeguard is there on the money?”
“Well, the… the money goes to the pension board, which is set up under statute. There’s a separate board for the firefighters, separate board for the policemen, and that board has the responsibility for investing and managing that money. And…”
“Is that board constituted by the General Assembly or the Governor or… I’m trying to figure out who has oversight over that board.”
“Well, the board is established by statute.”
“Okay.” 09400111.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“And the appointments are designated so many by the mayor, so many elected by the… by the members.”
“All right. And the rules… I assume that there are specific rules and stipulations about when that money is given to the firefighters… the treasurer of the pension system, it can’t go to pay for a firefighters picnic or office supplies. I mean…”
“No.”
“…there are strict standards on that money, right?”
“Absolutely. And the treasurer of the Pension Fund is the municipal treasurer…”
“Okay. Okay.”
“…the city treasurer, the village treasurer.”
“All right. Well, that helps.”
“Yes.”
“That helps a great deal right there. And are these funds… who audits these funds?”
“I believe they’re required to have independent audits and then the Department of Insurance has oversight as well.”
“Okay. Representative, I… truly, I’m in favor of the Bill and I appreciate your candor ‘cause there were a couple of things I really didn’t understand and I appreciate the enlightenment. Thank you.” Speaker Lyons, J.: “Seeing no further questions… is, 'Should Senate Bill 2740 pass?' All those in favor signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Wyvetter Younge, care 09400111.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 to be recorded? Thank you, Representative. Mr. Clerk, take… take the record, Mr. Clerk. There’s 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 5… 4 of the Calendar is Senate Bill 2739. Read the Bill, Mr. Clerk.”
"Senate Bill 2739, a Bill for an Act concerning civil liabilities. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative John Fritchey.”
“Thank you, Speaker. I request an ‘aye’ vote.” Speaker Lyons, J.: “Any questions on Senate Bill 2739? Seeing none, the question is, 'Should Senate Bill 2739 pass?' All those in favor signify by voting 'yes'; those opposed voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Smith. Mr. Clerk, take the record. On this Bill, there’s 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 4 of the Calendar is Senate Bill 2763. Read the Bill, Mr. Clerk.”
"Senate Bill 2763, a Bill for an Act concerning confidentiality. Third Reading of this Senate…" Speaker Lyons, J.: “The Chair recognized the Gentleman from St. Clair, Representative Tom Holbrook.”
“Thank you, Speaker. This Bill amends the Abused Adult Disability Act that allows for subpoena power for the Inspector General to compile records and also clarifies 09400111.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 that it has to hold them confidential. I know of no opposition to the Bill. All lending institutions are in support as well as the department. Passed out of the Senate unanimously.” Speaker Lyons, J.: “Since no one is seeking recognition, the question is, 'Should Senate Bill 2763 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there’s 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, back on page 3 of the Calendar is Senate Bill 2511. Read the Bill, Mr. Clerk.”
"Senate Bill 2511, a Bill for an Act concerning regulation. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Skip Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 2511 is an initiative brought to this chamber by Representative Lou Jones and Senator Kwame (sic-Raoul) to address the problem one of their constituents have had. I’ve worked it out with the department and they no longer oppose this. There’s no known opponents. It simply cleans up some qualification language for ‘barber clinic teacher’. And I would ask for it to be approved. Thank you.” Speaker Lyons, J.: “No one seeking recognition, the question is, 'Should Senate Bill 2511 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The 09400111.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 110 Members voting 'yes', 3 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Back to page 4 of the Calendar, Mr. Clerk, is Senate Bill 2778. Representative Pritchard. Read the Bill, Mr. Clerk.”
“Senate Bill 2778, a Bill for an Act concerning higher education. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard.”
“Yes, Mr. Speaker, Ladies and Gentlemen of the House, this Bill creates the Volunteer Emergency Worker Higher Education Protection Act. It provides that public universities and community colleges must adopt a policy that reasonably accommodates a student who is a volunteer emergency worker with regard to absence from class due to performance of his or her emergency worker duties. This is similar to House Bill 4851 that we passed that dealt with a policy that employers could not discharge a volunteer worker. This applies to a situation that occurred in the district of Senator Todd Sieben where a student was threatened with failing grades if he left the class for an emergency response. There was certainly a degree of misunderstanding in that case, but nevertheless, we need to encourage colleges and universities to have a policy regarding such students. I would ask for your support.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from McHenry, Representative Jack Franks.” 09400111.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, I’m not sure I understand how this would work. I understand the situation you just said but I know when I went to college there wasn’t an attendance requirement. If you didn’t go, that was your own problem. Heck, I think my brother never went to class, as least that’s what his grades would indicate. But I’m wondering in the real world, how does this really work? If a student doesn’t want… let’s say a student doesn’t go to class, that’s to the student’s… his or her own detriment. How would this Bill change anything?”
“Well, it probably doesn’t in that particular university or college situation, but there are some situations as this case was predicated where instructors require attendance and require certain things of the student. What this Bill would do is simply ask that college or university to be sure they establish a policy of reasonable accommodation. And that reasonable accommodation would up to the university or college.”
“So, that you’re not requiring anything to be in writing…”
“No.”
“…like a note from the fire chief to say, ya know, Johnny was fighting a fire today.”
“Well, that would be up to the policy set by the college or university.”
“Okay. I didn’t realize it was a bigger problem that would necessitate state legislation on this.” 09400111.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Yeah. I’m not sure that it’s a big problem but there was one particular situation, just as in the House Bill that we passed there was a situation with an employer. So, this Bill is trying to encourage reasonableness and accommodation.”
“Thank you.”
“Thank you.” Speaker Lyons, J.: “No one seeking further recognition, the question is, 'Should Senate Bill 2778 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 111 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes the Gentleman from Cook, Representative Terry Parke.”
“Thank you, Mr. Speaker. I have an inquiry of the Chair if you could contact the people who are in charge of the heat in here and coolness. It is extremely cool in the chamber and a lot of people are starting to put shawls on. So, could we have the heat turned up a little? And second of all, is it my understanding that Representative Poe is providing lunch today? And if that’s so, some people are ordering food… do you know that?” Speaker Lyons, J.: “Representative Parke, we will certainly get someone to… the engineer… the building engineers will get on the issue of the temperature in the chamber. And when 09400111.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Representative Poe gives us the high sign, we will indeed be treated to chicken today.”
“So…” Speaker Lyons, J.: “But we’re waiting for Raymond to give us the okay.”
“So, people should not order food, it’s…” Speaker Lyons, J.: “I would not order food because we have the best chicken in the State of Illinois coming here sooner or later.”
“That is a fact. Thank you, Mr. Speaker.” Speaker Lyons, J.: “Thank you, Representative Parke. Mr. Clerk, on page 4 of the Calendar is Senate Bill 2782. Read the Bill, Mr. Clerk.”
"Senate Bill 2782, a Bill for an Act concerning health. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Beth Coulson.”
“Thank you, Mr. Speaker. Senate Bill 2782 amends the Abuse of Adults with Disabilities Intervention Act by providing that a person making a report of abuse may be entitled to the results of the report as authorized by the Inspector General. It also amends the Abused and Neglected Long Term Care Facilities Residents Reporting Act and Mental Health and Developmental Disabilities Confidentiality Act by providing the disclosure of investigative reports to DFPR on incidents of suspected abuse or neglect of individuals receiving services at community agencies. This is a Department of Human Services 09400111.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 administrative Bill to provide better coordination of services in the adult and disabilities community.” Speaker Lyons, J.: “No one seeking recognition, the question is, 'Should Senate Bill 2782 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rita. Thank you, Bob. Mr. Clerk, take the record. 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar is Senate Bill 2810. Read the Bill, Mr. Clerk.”
"Senate Bill 2810, a Bill for an Act concerning wildlife. Third Reading of this Senate Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from White, Representative Phelps.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 2810 simply says, if you have a deer permit for the first and second seasons and you have not harvested a doe, all this Bill would do is would allow the hunter to roll over the permit into the late season, doe only winter season. I ask for a favorable Roll Call.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Now, how are you gonna know that you haven’t… I mean, what… are there does that don’t have horns?”
“Yes.” 09400111.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Now, this… I gotta… I wanna make sure that we know if somebody’s hunting and they don’t get a doe that how do they get the doe in the future?”
“They… they better know what they’re doin’ or they’re gonna get a ticket.”
“I just wanna make sure now, are you gonna guarantee ‘em a doe in the next… huntin’ season?”
“No, I just… well, if it was up to me, I would…”
“Yeah…”
“…no, but no, it’s just… we currently do this for landowners, Representative Parke, and this is a population control tool as well.”
“Well, yeah but, isn’t this gonna hurt the amount of money that goes into that fund? I mean, we’re not gonna have any doe fund?”
“No, it would not hurt this at all.”
“I think it’d hurt the dough for the doe.”
“It could possibly do that.”
“Okay. And so, let me get this straight. If you’re a hunter and you don’t get a doe in one particular huntin’ season, it rolls over and you can go for the doe in the next huntin’ season.”
“In the late winter season, yeah.”
“Okay. And this is… this is for animal control?”
“Yeah, animal control. State Police think this’ll be a help… lower the accident rate with the deer. And also, we already currently do this with the landowners.”
“Okay. All right. Well, to the Bill. I guess this is an important Bill for protecting our deer population but in 09400111.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 fact, every year we have over 30 thousand car accidents with deer in the State of Illinois. And unfortunately, there’s normally over a dozen people who get killed by hitting a deer. So, in essence, we really do need to keep the deer population down in the State of Illinois.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“Representative Phelps, my apologies for not coming over and talking with you about this earlier, I should have. I have had several calls from deer hunters in my district. Let me ask of you the concerns they’ve expressed to me. One, and most important to them, they get a doe permit, they don’t use it, it goes back into the rollover. Do they get it back or does it go into a lottery and you take your chances?”
“They can just keep it through the whole first, second, and winter seasons.”
“All right. So, they will retain a measure of control over the permit.”
“They will not have to reapply.”
“All right. Okay. I… as you can understand that was very important to them.”
“Sure. Sure.”
“And it was… when I talked to DNR, it wasn’t very clear because they said, ‘Well, their county may not be in the 09400111.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 overpopulated counties.’ But as you know, a deer hunter will travel, so that wasn’t an issue.”
“Right.”
“The second thing, and I think you’ve already cleared it up, but let me make sure for the record. They wanted to make sure that these doe permits, unused, would not go into a pool and outfitters would buy them and then you could go to a private preserve at a pretty steep price…”
“Right.”
“…and take deer in the late winter season. So, that isn’t gonna happen under this Bill.”
“No, Sir.”
“All right. So, the hunter who had the permit will retain control of the permit.”
“Will… well, yes.”
“Okay.”
“Will have control of it and then use it anytime they want. If they don’t get one in the first or second, they can use it in that late winter season.”
“Okay. Well, I think that’s very fair and I think that will satisfy.”
“Thank you.”
“I know it will satisfy most of the deer… all of the deer hunters in my district. Thank you very much.”
“Thank you, Representative.” Speaker Lyons, J.: “The Chair recognizes the Lady from Lake, Representative Karen May.”
“Yes, Mr. Speaker, will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.” 09400111.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Yes, Representative, I am thinking here that I hear the sound of Julie Andrews singing, ‘doe a deer, a female deer’. And I guess I have to ask you, indeed, I’m not very familiar with all of the hunting codes, but you are targeting does, female deers?”
“Yes.”
“And what about the male deers, they’re the stag deers?”
“Well, yeah, they could be. We call them bucks.”
“Oh, the bucks. Okay, I’m sorry, I just don’t this hunting terminology. But so, you are excluding the bucks from this and you are discriminating against the female deer?”
“No, Representative May, that’s… it’s already a doe only season already. That was done a few years ago… or years ago, you cannot hunt a buck in a winter season and not every county in the state has it, Representative.”
“Oh. So, this is long-standing discrimination in Illinois law?”
“It’s long-standing, but I’m not gonna say the ‘d’ word.”
“Okay. So, there are separate rules for the buck deer and this is just for the doe deer?”
“Population control, yes.”
“Do I have your word that you don’t believe in discrimination against doe deers?”
“I do not at all.”
“I… I appreciate those assurances. Thank you.”
“Thank you, Representative.” 09400111.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “The Gentleman from McHenry, Representative Jack Franks.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“I wanna follow up on Representative May’s line of questioning on discrimination. I’m looking at this Bill and I don’t see anything in here, and I think there should be. Are you gonna allow hunting of lawyers in Texas? And if so, how many can we have a year and what would the cost be?”
“I would love to sit down with you on that, Representative, and we could go through that.”
“Well, it’s been done recently as last month. And I just wanna make sure, is this gonna be correcting that problem because I think that could be a real source of revenue in Texas.”
“I don’t think so on this Bill, Representative.”
“All right. Well, thank you.” Speaker Lyons, J.: “The Gentleman from Cook, Representative John Fritchey.”
“Thank you, Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“Representative, it sounds like it’s a budget Bill. We’re talking about either saving doe or saving bucks, so it’s… so it’s a good fiscal Bill apparently one way or the other. Now, being a city guy and not having this issue, when you’re out there hunting, where exactly are you looking on the deer to see if it’s a doe or a buck?” 09400111.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Actually, I look at the face and the head. So, if it doesn’t have any horns or antlers, then I won’t shoot it.”
“So, okay… you gotta make sure… just make sure you’re looking at the right end of the deer.”
“If you’re… if you’re… yeah, if you know what you’re doin’, you know that with the… yeah.”
“Thank you, Representative.”
“You know if it’s a buck or doe, yes.” Speaker Lyons, J.: “The Gentleman from DuPage, Representative Biggins.”
“Thank… thank you, Mr. Speaker. I have a point of personal privilege, if I may. But relative to the three deer, in front of me there are three dear females, not related to this legislation. They’re sitting here with shawls on them or right near them at their chairs. So, there’s something going on that’s a… ill wind is blowing somewhere into this building, and I think it’ll hurry… as soon as we can vote and get… end these debates, we can go ahead and take some votes and maybe get them warm and all of us a little healthier for the weekend. Thank you, Mr. Speaker.” Speaker Lyons, J.: “Thank you, Representative, we’ll… we’ll get that situation addressed as soon as we can. The Gentleman from Bond, Representative Ron Stephens. Representative Rose. Okay. Seeing no further questions, Representative Phelps to close.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I just ask for a favorable Roll Call.” 09400111.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “All those in favor of the passage of Senate Bill 2810 should vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Dunkin, for what reason do you rise?”
“Thank you, Mr. Speaker, Members of the House, a point of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.”
“Two points: first of all, it is absolutely gorgeous outside and yet it’s freezing in here. Can we turn down the air condition or bring us all scarves or hats or turtlenecks?” Speaker Lyons, J.: “Representative, I’ve been… I’ve been assured, Representative, that staff is already working on it. A building this big, a chamber this big, it may take a few minutes but they’re trying… the Clerk has notified me that they are trying to address that issue.”
“One more point. Just wanna point out that last night the Conference of Women Legislators, they’re all in the paper today, and I noticed that my seatmate, Art Turner, he ended up having to take my place to dance with Representative Suzie Bassi because I went to my office yesterday about 5:30 or so and took a nap and I woke up a little bit after eight so I missed my chance to dance with Suzie Bassi. So, I would like to propose a dance with her 09400111.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 right on the House Floor, if that’s okay. I have the music, if we’ll play it. Tim played it for the White Sox, he can play it for Suzie and I to make up… it was a fundraiser for a great cause, to show her and all of you that Art Turner is no Ken Dunkin.” Speaker Lyons, J.: “Thank you, Representative, we’ll take it under consideration. On page 4 of the Calendar is Senate Bill 2827. Mr. Clerk, read the Bill.”
"Senate Bill 2827, a Bill for an Act concerning state finance. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognize the Gentleman from Bureau, Representative Frank Mautino.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Senate Bill 2827 is the annual Audit Expense Fund transfer from the Auditor General. Since 1993, he’s always had two Bills which would allow for the taking of dollars from different funds and transferring ‘em to his Audit Expense Fund. This year it’s 18.1 million from other funds, about $6 million GRF. This identically matches his appropriation request and I know of no objection. It’s a standard transfer that we do so that he can pay for the audits of our state agencies. And I’d stand for any questions, ask for an ‘aye’ vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, the underlying Bill has merit, we do this all the time. But it looks like the Governor’s gonna 09400111.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 sweep this money again, why would we continue to put money into a fund that the Governor’s gonna sweep again?”
“The funds that he’s made the transfer for each year have been maintained. And he’s always had enough money to continue the audits where he does a hundred and ten audits per year.”
“Do you know if they’re gonna sweep another… it looks like 20 percent… are they gonna sweep another 20 percent out of this fund?”
“That I don’t have in my analysis here. I haven’t seen a budget Bill yet and I understand it’s now being redrafted. So, I don’t know which fund sweeps will be out there, but we have, even through the past fund sweeps, the Auditor General has always had enough dollars within his budgets to conduct the hundred and ten-plus audits he does of our state agencies per year.”
“Well, it just seems to me that we continue to have money that is supposed to be helping to operate the State of Illinois and every time we turn around the Governor’s sweeping money for some special, new project that he’s coming up with. And we are very concerned about this continuing trend of us using money from General Revenue Fund that ultimately he sweeps out and uses for another project that he’s coming up with. So, we just wanna point out to the Body that they continue to sweep money out of these funds and I… we think it’s…”
“And I share your concerns, yes.”
“…it’s inappropriate.” 09400111.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“As Chairman of the Audit Commission, I know the importance of keeping and maintaining our only true independent auditor for the state. Who kind of… that’s the guy that stands at the window and says, ‘You can’t do that.’ Or also tells us what we’re doing right. So, I think it’s important…”
“Yeah.”
“…that we do appropriate the funds so he can consider insuring the safety of the tax dollars for all the people of the State of Illinois.”
“Well, okay. Well, again, we know how important that Audit Fund is and we would encourage the Governor not to sweep these funds. Thank you.” Speaker Lyons, J.: “Seeing no further question… no further questions, 'Should Senate Bill 2827 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 112 Members voting 'yes', 1 person voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 4 of the Calendar, Mr. Clerk, is Senate Bill 2829. Read the Bill, Mr. Clerk.”
"Senate Bill 2829, a Bill for an Act concerning education. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Lou Lang.”
“Thank you, Mr. Speaker. Ladies and Gentlemen, 2 years ago when we and the Governor reformed the State Board of 09400111.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Education, the Governor and this Body called upon the state board to reduce red tape. This Bill, Senate Bill 2829, is the embodiment of their less red-tape initiative. I know of no opponents to the Bill, in fact, I believe that the school boards and superintendents and all of those people that we like to help when we’re down here are all for the Bill. I would ask for your support.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“Representative, what are some of the items that have been streamlined? I mean, just a couple of examples.”
“You want a couple of examples at random?”
“Well, if you have a couple of examples that… some of the red tape that we’ve cut…”
“Right.”
“…under the Governor’s direction.”
“Well, let me just go through a few. The first one deals with the Building Code. School boards are to conduct decennial evaluations of the Building Code. ISBE would no longer be required to grant an automatic waiver for each year a school’s in noncompliance after it has submitted documents detailing its progress toward compliance. I don’t know what all that means…”
“Okay. All right.”
“…but the school board people do.”
“All right. What… And that’s… that’s… just let me ask you one question. Did we evidently cut red tape and 09400111.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 streamline the Illinois Standard Achievement Test? You know, because it’s very easy to give when half of the pages are missing and some schools don’t get the books and… so did we speed ISAT up too?”
“Mr. Black, if you wanna use this Bill to make one of your famous…”
“No, I just wanna…”
“…famous…”
“No, I just thought maybe…”
“…comments about something that irritates you that has nothing to do with the Bill, I’ll sit down and give you some time or we can find some time for you to do that later. Why don’t we pass this Bill?”
“Well, I just… I just thought maybe that that was one of the ways we streamlined the ISAT tests is, ya know, eliminate some of the pages…”
“Mr. Black, I would agree with you that we have some problems in that area…”
“All right.”
“…I know about your Resolution. I know about…”
“That’s good enough for me, right there.”
“I know about your opinion, Sir.”
“If you agree with me on the ISAT test, then we’re halfway home. Thank you.”
“Very good.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy.”
“Thank you, Mr. Speaker. Representative… To the Bill. A couple of things in the Bill that I think are 09400111.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 tremendously important do have to do with an attempt to reduce paperwork. And there are some substantive parts of the Bill that… that can really do that. I’m concerned and this is again something that may be not be in the Bill but we need to look at in the future. At a time when we’re doing this, school districts are now facing an additional red tape with food service rules that are currently in JCAR. And I would hope that this Body would take a very, very close look at the additional pages. I remember a couple of years ago, the Governor brought in a stack of paper and had it hauled in, I think, with some kind of wheelbarrow and put it up on the stage and said that’s what we’re trying to cut. And this does that, but at the same time we’re doing that, we have a set of rules for food service in schools pending in JCAR that will replace a whole bunch of that, that we’re reducing today. I hope… I hope that we can, you know, use this as a springboard to really take on the philosophy and that is to reduce the red tape and let schools use their resources and their time to educate children and not go through a whole litany of bureaucratic paperwork and mess. And I applaud you for bringing this, there are some good things in here. One of the things has to do with the reduction in the size of the ad that school districts have to put into newspapers regarding annual financial reports. It’s a step forward, I think more needs to be done. But this Bill is a good step forward and I would urge support of your Bill.” Speaker Lyons, J.: “The question is, 'Should Senate Bill 2829 pass?' All those in favor signify by voting 'yes'; those 09400111.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no', 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar Representative Saviano has Senate Bill 2865. Read the Bill, Mr. Clerk.”
"Senate Bill 2865, a Bill for an Act concerning transportation. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Skip Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 2865 is a Bill which address a situation I had in my district back in… the night before Thanksgiving of last year where we had a major train wreck in Elmwood Park on a very difficult railroad crossing. This Bill would give permissive authority throughout the state to municipalities to allow to erect cameras on long railroad crossings. This has been used in DuPage County in Wood Dale for several years and we have found it to be a credible deterrent and also allows for law enforcement to review different situations that are occurring on those tracks. I would ask for its approval, I think it’s a great Bill. We know of no opposition. The Governor’s Office, the ICC, IDOT, and all my local municipalities are in favor.” Speaker Lyons, J.: “No one seeking inquiry on Senate Bill 2865, the question is, 'Should it pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The 09400111.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there’s 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar Representative Gordon has Senate Bill 2873. Read the Bill, Mr. Clerk.”
"Senate Bill 2873, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes the Lady from Grundy, Representative Gordon.”
"Thank you, Mr. Speaker. Ladies and Gentlemen, Senate Bill 2873 amends the Sexually Violent Persons Commitment Act in four different ways. One, it requires the Department of Corrections to provide written notification of the anticipated release date to the state’s attorney of the county where the person was originally was convicted out of. It also provides a uniform filing period for petitions alleging that a person is a SVP. It clarifies the period in which a person may be committed as an SVP to address special circumstances that’ve now arisen regarding concurrent and consecutive sentencing. And it also tolls the running of the sex offender’s period of MSR while committed as an SVP. I’d be happy to answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Lady from Kane, Representative Lindner.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.” 09400111.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“What is the state’s attorney… once the state’s attorney is notified, what does the state’s attorney do with this information?”
"What?”
“Once the state’s attorney is notified, what are they supposed to do with the information?”
"Well, this was a situation that occurred up in Lake County… a specific offender, and if the state’s attorney had known, they would’ve been able to share more information with the Department of Corrections. So once the state’s attorney is notified they’re going to do a search of their records to make sure that during the SVP evaluation process all the information is known to the DOC and the Attorney General’s Office if they are the ones who are gonna be filing the petition.”
“But do they have a duty to notify anybody locally… to notify the local police department or the sex offender registration process in that area… in that county?”
"Well, right now in place, Representative, I know that there are notification procedures for victims of crimes. But as of this point, my answer is I don’t know if local police departments are notified if the sex offender’s coming into their area. I know that they do check all the time on whether or not who is on parole coming into their county.”
“So, they would have to be notified if they were on mandatory supervised release or if they were in a program for a sexually violent person and then released from that 09400111.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 program. Is that correct? They would be notified several different times.”
"Who would be notified?”
“The state’s attorney?”
"The state’s attorney, under this Bill, is going to be notified six months prior to the potential release of a person who’s eligible for commitment under the SVP Act.”
“So it’s not notification after the person has committed to that program and then gets out?”
"No, ‘cause they’d already be notified. If… if…”
“Okay.”
"Okay.”
“All right. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative John Fritchey.”
“Thank you, Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, and I apologize for having my back to you. The provision that tolls the running of the term of the mandatory release or the parole…”
"Yes.”
“…that tolling happens just on the mere filing of the petition?”
"No. No. Yes, I’m sorry. You file the petition and then depending on whether or not they’re committed and until one of the following: either the petition’s dismissed, the court finds that the petition… the person is not an SVP or the person is discharged from being an SVP, the time for MSR is tolled. So if they… so if they’re an 09400111.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 SVP and they get out after meeting all the requirements, they still have to serve a term of parole.”
“Okay, thank you.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, I thought we passed legislation probably before you came here that said that we also had to notify the victims prior to the release of either rape or any sexually violent crime that they must be notified. So…”
"I believe… I believe that is the law already, Representative.”
“So, this does not change that in any way.”
"No, Ma’am.”
“And it does not make them… who would be responsible then for notifying the victim? And does your Bill in any way change that?”
"No, it does not change the person who’s notified and, forgive me, it’s either the Department of Corrections or the Prisoner Review Board. I don’t know off the top of my head.”
“All right.”
"But… but this has nothing to do with notification to victims at all, zero.”
“Okay. Thank you.” Speaker Lyons, J.: “Representative Gordon to close.”
"Thank you. I’d urge an ‘aye’ vote.” 09400111.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “The question is, 'Should Senate Bill 2873 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers. Mr. Clerk, take the record. On this Bill, there’s 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair gladly recognizes the Gentleman from Sangamon, Representative Raymond Poe, for what reason do you seek recognition?”
“For an announcement, Mr. Speaker.” Speaker Lyons, J.: “Please proceed, Raymond.”
“Yeah. And as many of you already figured out that the chicken is out in the hallway and we have cakes down front, but I wanna thank the IMA. They… they underwrite the expenses, we cook it, and we appreciate that they do that each year. And so, help yourself. And if someone just really, really doesn’t like chicken, I think Representative Pihos would share a portabella, it was fried just like the fried chicken. Thank you.” Speaker Lyons, J.: “Thank you, Representative Poe, very much for your annual luncheon for the House. We appreciate it very much. Mr. Clerk, on page 4 of the Calendar Representative Smith has Senate Bill 2882. Read the Bill, Mr. Clerk.”
"Senate Bill 2882, a Bill for an Act concerning education. Third Reading of this Senate Bill." Speaker Lyons, J.: “The Chair recognizes Representative Smith.” 09400111.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is identical to the legislation we passed earlier this spring that sets up a pilot program for reducing class size in grades kindergarten through third grade. Would be a pilot program available to school districts throughout the state. Would pay for the salary of one teacher in a classroom of 15 or less students for 1 year. It’ll give us the chance to develop the data to see what the impact of smaller class sizes are upon student achievement in Illinois. We’ve been talking about class size reduction for a number of years and this is beginning to put our money where our mouths have been. I’d be happy to answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Suzie Bassi.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”
“All right. Representative, most of us are pretty much aware of the fact that a K-3 class reduction would probably have excellent results. Can you tell me how much money it would cost to do just the pilot?”
“If we are successful, Representative Bassi, this would be a $10 million pilot program.”
“A 10 million doll… and is there a source for the funding that we’re aware of?”
“No, there’s not.”
“There’s not. And is this subject to…”
“This is subject to appropriation, yes.”
“It is subject appropriation? Okay.” 09400111.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Yes, it is.”
“How many schools would it cover?”
“It would cover 200 classrooms.”
“Two hundred classrooms. And how will those classrooms be selected? Will John Wyma be the person to talk to if we want those classrooms to be appointed?”
“No, Representative Bassi, the… the selection will be… it’ll be a competitive grant and the criteria and the selection will be done by the State Board of Education.”
“The same State Board of Education that listened to John Wyma for the Harcourt appointment for the ISAT test?”
“Well, I believe there’s only one State Board of Education.”
“The same State Board of Education, okay. I’m just… All right. And after we finish this pilot program, do we know what it would cost to take this pilot statewide when it comes up with the results that we expect it to come up with?”
“No, we don’t, Representative Bassi. As we… as we said in committee, that’s a very good point. And I think that’s something that we certainly would wanna study with the pilot program.”
“But if the results are what we expect and we wanna take it statewide and we know that $10 million will only cover 200 classrooms, then what would it cost when we’ve got 900 school districts… there are almost 900 in the state? We have… we have no idea what it would cost?”
“No, I’m sorry, Representative Bassi, I do not.” 09400111.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Hmm, okay. Well, the intent, Representative, as always is excellent. My concern is the funding issue and how these classrooms will be selected. Thank you very much.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative David Miller.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“Representative Smith, is this… a longitudinal study of what happens when class sizes are reduced?”
“Yes, this would be a pilot program, Representative Miller, to… to begin to study what the effects of smaller class sizes would be here in Illinois. There really… is so much…”
“Yeah, under… No, I understand that. Kinda going back to the previous speaker’s comments. The way you… I guess you’d… at the end of the day… or it’s been said that, ya know, smaller class sizes produces better results of students, better testing, so on and so forth. I think all of us intuitively would agree with that. And so, to kind of indicate that smaller classroom size are effective, I just wanna know is this going from, ya know, K… all three grades… is it going from a kindergarten going through 3 years? Is it going through, ya know, 1 year? Or how are we gonna determine? ‘Cause if you go from a class size…”
“Sure.”
“…of 15, you know, and you’re in the third grade and all of a sudden… or in second grade and all of a sudden it’s a class size of 30, ya know, clearly the effects of reduction of class size might not be as great as this study 09400111.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 might wanna indicate. So, I do wanna get some thoughts on that.”
“Yeah, that… that’s a good point, Representative Miller. And this would only be a 1-year grant program. I think the thoughts are that it would continue but obviously that would be subject to appropriation each year. And I think it would be very important to do that type of longitudinal study you talked about through… through several grades. But the intent would be that we would fund an equal number of classrooms at all of those grade levels, K-3, and also geographic distribution throughout the state as well.”
“So, in our analysis it talks about, I guess, the State Board of Education will implement the rules involving that. Is it… will some of the discussion at that point be a longitudinal between these… between these years or has that been already… has that been established?”
“No, that… that’s not been established, Representative Miller, but I think that’s a very good point that we certainly could make with the state board.”
“We’ll be able to make those recommendations through… I assume it’s going through JCAR, right?”
“Yes, that’s right.”
“Okay. And as far as you’d said… a previous speaker had talked about if we wanted to implement this statewide, you did not know what those costs would be.”
“No, we don’t… we don’t have an idea at this point. We don’t know, ya know, how many schools this would apply to, how many classrooms are already at 15 or less, ya know, and certainly space is a consideration as well.” 09400111.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Okay. Last question. You know, in House Bill 750 a lot of the critics had argued… that… or those who argue about changing the way we fund education, talk about increased accountability. Is there any measure in this legislation that will answer those… those… that type of critic? How can we know that smaller class size will affect, you know, accountability of anything, grades or anything else?”
“Well, I think that’s the type of study we wanna do with the pilot program to determine what effect it’ll have on student achievement. And I think research in other states have shown that smaller class sizes does have a definite impact on student achievement.”
“And you had said this is a 1-year pilot program?”
“Well, this… this would set up a pilot program where we’re asking for $10 million in the budget process. This is subject to appropriation so and I think that the hope is that it would continue but it would be subject to appropriation each year.”
“Okay. To the Bill.” Speaker Lyons, J.: “To the Bill.”
“I would like to thank the Sponsor for bringing this issue forward. I think everybody in this chamber knows or has the indication that smaller class size produce better results. There’ve been many studies, numerously, you could say that this might be redundant. I don’t think so. I think as the previous speaker had mentioned if we… if this does prove successful, this is the type of direction that we need to go as a state to make sure that our children are 09400111.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 educated and to make sure that everybody’s offered the opportunity… equal opportunity towards a higher education and be successful in that. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Let me just follow up on what the previous Representative was talking about. Yes, indeed, it is the direction we need to go. But this class reduction grant has never received a penny, not one penny from the State of Illinois. So, it’s a feel-good Bill. You can have a lot of fun with this Bill in direct mail, I understand that. This won’t be funded, it’s never been funded in the past. And I like the Sponsor, I like the Bill, I wish we could really move in that direction. House Bill 750… or Senate Bill 750 may have been a way to do that, but we all know that isn’t gonna go anywhere. I will vote for Bills like this when we are doing the maximum effort to fund education. And we are not doing that now and we will not do it next year. I want to fully fund mandated categoricals and we’re not. Transportation costs this year will be prorated. Most districts are telling me they’re hoping to get 82 percent of their transportation costs. And how dare anybody get up and say we fully fund mandated special education programs in this state. Do you know what we contribute to special education? Eight thousand dollars per certified special education teacher. If you know where any district in the state can hire a special education teacher so certified for $8 thousand, 09400111.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 would you let me know. Better yet, let the school districts know. A school district in my legislative district puts more than $3 million of its local property tax money into financing special education, which is mandated by the state. So, this is a great idea, a great Sponsor. There’s no appropriation, there never has been an appropriation for this grant, and we don’t fund education now and we won’t in FY07. So, I’m… I’m through voting for feel-good measures so I can go home and put out a press release, I voted to reduce class size, when I know that that isn’t what this vote is. There’ll be no money. And who in the world in this chamber would need a study to tell them that smaller classes bring about better results. As a former teacher, I don’t need a study to tell me that. I’ve been there. I know the difference between having 38 students and 22 students and any of you who’ve taught know the same thing. So this is another Bill with no money and no hope of any money that we can send out feel-good press releases. But one of these days some of us are gonna go a PTA meeting or a school board meeting and they’re gonna nail us to the wall for voting for Bills like this that allegedly reduce class size in a pilot program. But they’re gonna ask where’s the money. You’ve passed this before on more than one occasion and we’ve never appropriated one cent. Again, great idea, takes us in the right direction. I’ll vote for this when we truly fund education or when we put money in this Bill to really do what it says it does. Until that time, I intend to vote ‘no’.” 09400111.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“Representative, I have a great deal of respect for your leadership in both the Elementary & Secondary Education Committee and the Appropriations Committee. You do a fine job and I wanna start my comments by saying I understand why you’re advancing this. I think, as the previous speaker mentioned, in a perfect world we would be… we would be funding schools in order to try and get the ratio you’re talking about. I don’t think there’s any question as to whether or not we’re gonna find out in this pilot study that this is a good idea. The lower the class size certainly the better opportunities for students to interact with their teachers. And… and intuitively, as was mentioned earlier, the better chance to get full achievement level from those kids. But do you know what the current foundation level is in Illinois? And I don’t wanna pin you down on it, but do you have an idea of what the foundation level being funded is right now in Illinois?”
“Yes, we’re…”
“Well, with… with the Governor’s budget, which by the way, we really… just the suggestion from the State Board of Education that we saw in Appropriations, they wanna add about a hundred seventy dollars to the foundation level. And as you and I both know that will leave the foundation 09400111.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 level 7 to 8 hundred dollars short per pupil of the recommended funding level in the foundation level. And I think this gets to the point that many Representatives in here have made and that is we need to fund the basic foundation level for students and we need to fund the special education mandates for our classrooms in the state and we need to fund programs like truant alternative education and other areas. This is a great concept. It’ll be difficult for me to vote the way I am on this Bill because of the Sponsor and because of the concept. But I really believe it’s time that we get serious about what needs to be funded with the scarce resources we have. Ten million dollars isn’t a lot of money, but we’re gonna fund special education and some transportation categoricals at less than 100 percent at levels that were set in 1987. And until we… until we find a way to raise what we… reimburse schools for special education teachers and aides. And until we find a way to get that foundation level up to full funding, I simply can’t support this type of legislation. Having said though I do recognize your leadership in this area, I would urge a ‘no’ vote. A ‘no’ vote on this Bill is a ‘yes’ vote for funding of schools the way it should be funded. And that’s a message that we’re tired of this kind of feel-good stuff and we wanna get down to business and fund schools in Illinois the way they should be.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Lee, Representative Jerry Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker. Will the Sponsor yield?” 09400111.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “Indicates he will.” Mitchell, J.: “Representative Smith, I don’t know whether you’re aware of the information coming out of the State of Tennessee that has done this already. And it has shown a marked improvement in test scores, in graduation rates, and the number of kids in trouble and leaving school. Now, folks, you’ve heard me rant and rave about school funding for the last 12 years and I agree with everything that the previous speakers have said. But I’m telling you, I’m gonna vote for this Bill simply because if we do put the money in it and we save 1 year of kids with lower class sizes in some schools then it’s worth it. We’re gonna find out, the reports are gonna be a phenomenal improvement in test scores. There’s no question about that, that information’s already out there, but it didn’t used to be that way. The studies before coming out of the universities said that lower class size was only for teacher comfort. That it made no difference in the test scores of students whether they were in a class of 25 or 35. Now, those tests were done at the middle school and the high school level, which is totally different than the elementary. The fact of the matter is, the recent studies say that in the first three grades, kindergarten, first, and second in particular, lower class size helps students the rest of the way through their school careers. I don’t know whether there’ll be any money in this, we’re broke. I know that. But I do know that the concept is one of the best that we’ve had. And I’m certainly not gonna vote against a Bill that might help kids. I urge an ‘aye’ vote. 09400111.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 I voted for class size reduction ever since I’ve been here. Representative Kosel’s ran this Bill. Representative Coulson I believe’s ran this Bill at different times. We believe that lower class size will help students all the way through their education experience. Representative Smith, I certainly commend you for running the Bill. I know that you wish it was more money and I know you wish that it was money that we could use to take care of all of the school problems. We can’t do that, but if we save a few, it’s worth it. Thank you.” Speaker Lyons, J.: “Lady from Cook, Representative Monique Davis.” Davis, M.: “Sponsor yield?” Speaker Lyons, J.: “Indicates he will.” Davis, M.: “Representative, what happens when school districts have a low enrollment just on a natural basis? What happens? Are they forced to consolidate?”
“If… if districts have a low enrollment? No, there’s no forced consolidation.” Davis, M.: “You say they are or they’re not?”
“There… there is no forced consolidation in the state currently.” Davis, M.: “Okay, but doesn’t it usually happen that when a school starts to have very low enrollment, people start saying you must consolidate and then the enrollment is big or large again?”
“Well, that… that sometime’s a pressure that forces school districts to look at consolidation, yes. Oftentimes it’s more financial, though, than enrollment.” 09400111.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Davis, M.: “Who… who are the proponents of this legislation?”
“Well, I don’t believe there are any opponents, Representative…” Davis, M.: “No, I said proponents.”
“This was an initiative of the Illinois Federation of Teachers. I believe it’s supported by most of the education groups in the state including the IEA and the School Management Alliance. And if you recall this was an initiative…” Davis, M.: “So… so… Chicago Teachers Union, Illinois Education Association, Illinois Federation of Teachers, all the people who actually study and know what the effects of class size are.”
“Yes, that’s right.” Davis, M.: “Many… thank you. And to the Bill, Mr. Speaker. Many people claim that class size does not matter and these same people would not leave their kindergartener or their first grader in a room with 30, 35 or maybe even 25 children. Even at a nursery school level, the first thing a parent usually wants to know is, how many children are you being responsible for? How many other adults will be here to assist you in taking care of our children for the day? I, too, am a former educator and we know that there are approximately 30 or 40 minutes in each class period. If there are 30 or 40 minutes in a class period and you have, let’s say, 30 children, that allows you about a minute per student or less if you use part of your time for instruction, motivation, or introduction. Class size when you’re teaching young people is extremely important, 09400111.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 because the lower the class size the greater the teacher’s ability to offer some individualized attention. Many of our students are not doing well in the middle and upper grades because they have not mastered the extreme basics at the primary level. You know that if children have not learned certain basic skills from kindergarten to third grade, they’re not ready for what the middle grades have to teach. They’re just not ready. So then, the middle grade teacher has to teach what they should’ve learned in primary grades. And it keeps us constantly behind. We should be really concerned when our so-called third world countries are now producing more engineers, a larger number of graduates than we are. We should be very concerned with our educational system and starting at the very bottom is absolutely the place to start. Reducing class size will allow the teacher to get in a lot more information to those children, to realize what the special needs of children are. It is here very often that you find children who have specialized needs, this is where the teacher finds out. And if there are too many children in the room, the teacher doesn’t find out until perhaps it’s too late to help those children to the best of our ability. Those of you who claim you can’t vote for this, think of your own children, your own grandchildren. What kind of class would you want them in? I urge an ‘aye’ vote.” Speaker Lyons, J.: “The Gentleman from Menard, Representative Brauer.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.” 09400111.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Representative, I wanna commend you. I think this is a good Bill. I think it’s something that is being done down the roads of Illinois as we speak today. I think when you look in a lot of these small schools… these small districts, that’s being done. And we’re forcing them to consolidate. Is there some way that we can combine these two together?”
“Well, that’s a good point, Representative Brauer. And, you know, that is one of the advantages, I guess, of smaller school districts is smaller class size. I’m not sure that we can combine the two issues, but we do have other legislation dealing with consolidation that hopefully will be coming up this spring.”
“Well, I guess I’m a little confused ‘cause on one hand we’re saying we wanna consolidate these schools and when we have these schools that we know are better, that the children get individual attention, that the children have a playground, that the children are in an ideal setting that we want, and here we’re forcing them to consolidate. And then we’re trying to… I’m… I’m confused.”
“Well, I think that what we’re talking about here is smaller class sizes in the lower grades, which I think as Representative Mitchell very accurately said is research has shown is very effective for student achievement. The higher grades, I think maybe is a different case, particularly in terms of college prep classes and so forth.”
“Well, I guess I have a district in Elkhart and they’re gonna be forced to consolidate. They’re gonna take what 09400111.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 we’re trying to achieve, an ideal situation, they’re gonna be put on a bus and put in bigger classrooms. I mean, I guess… is there some way that we can amend this to where we can take schools that already meet these goals?”
“But… this grant would apply to only those districts who actually reduce a classroom. So, districts that are currently at 13 students or 14 students per K through three grade would not be eligible for the grant.”
“So we wanna consolidate those and the ones that will be the size that they’re gonna achieve then we wanna bring ‘em back down. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative John Fritchey.”
“Thank you, Speaker. To the Bill. Ladies and Gentlemen, there appears to be consensus that we all realize that smaller classes are a good thing. As a couple of the earlier speakers alluded to though, ya know, we are ducking the elephant in the corner of the room and that is fixing how we fund education. There were references before to House Bill 750, and a lot of people were willing to come up and say that they didn’t like the idea. But here we are another year, another Session’s coming and going and we have not done anything to fix how we fund schools. There’s another Bill that’s sitting out there, which is the extension of the 7 percent cap on property taxes and that’s being driven by the same question: how we fundin’ schools? I am having people forced out of their homes in my district. It’s happening around the city, it’s happening around the county, it’s happening around the state, because 09400111.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 of the reliance on property taxes to fund schools and we still aren’t funding these schools adequately. We still are not funding them fairly. We still are not funding them equitably. We all go back to our districts and say it’s a priority and we’re gonna go home again and not have done it, anything on this issue. It’s gonna become a campaign issue again. And until somebody comes up with a solution, the answer is not just to say that you do not like House Bill 750 or House Bill 755. The answer is to sit down, come together, and come up with a significant solution to how we are going to fund schools in Illinois. This is not just about smaller classes, it’s not about early learning, it’s not about universal preschool. It’s about putting the dollars into our schools to give our educators the money they need to give our children the opportunities that they deserve. This is an education issue, it’s a work force development issue, it’s a morality issue. We have got to fix this school funding issue. I’m 42 years old, the debate on this issue is almost as old as I am. It is not going to go away. We can keep coming back here and saying that we want to do something. At some point the talk has to stop, the action has to start and we have to take this issue on. That will solve issues like this issue. It will solve issues like this property tax issue. It will solve issues like the funding disparity issue. It will get us off of the bottom of the list of 50 states in education funding and address this so we can go home with a straight face and say that we did something to fix education funding. Thank you.” 09400111.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “The Chair recognizes Representative Giles.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”
“Representative, once again, as the previous speaker have made, I would like to compliment you on bringing this legislation forward. I think probably out of the 12 years I’ve served on the Elementary & Secondary Committee probably 10 of those years we have looked at and dealt with some legis… with some language that mirrors this particular type of legislation. I think it’s one of the key component when we talked about school reform, the reduction of class size. And so, I… but I just got a couple questions. One of the questions is, do you know at this current time how many schools will participate in this particular program, at this time?”
“Yeah, Representative Giles, thank you and thank you for your comments. And I just wanna say thank you for your leadership as Chair of the Education Committee, you’ve done an outstanding job there. And… as I said earlier, this would… this would fund about 200 classrooms per year throughout the state.”
“Okay. And… and I think during the debate in the Elementary & Secondary Education, I’m not sure if this particular comment came to pass, but I know the Chicago Teachers Union, the Illinois Federation of Teachers, and the Illinois Education Association, those individuals put forth this initiative. Are those individuals gonna actually put some resources towards this particular initiative?” 09400111.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Well, I’m not sure if you mean financial resources, I don’t think they’ve made that commitment. But certainly, they’re in full support and I think that’s an interesting proposition.”
“As far as administration and administering the program and…”
“I think that would be an interesting proposition and that also raises the question of possible grant funds from foundations, as well, that might support something like this.”
“And of course, you know, these particular entities have been probably the cornerstone of administering ideals to this Body when it comes to trying to make sure that we have the proper reform measures and to advance, of course, this particular issue when it comes to reduction of class size. To the Bill. I would just simply like to say that this is not a new issue. This is a particular issue that has been tried and tested and it is a positive initiative. It’s something that yields result. We need to continue to push the envelope on this particular issue when it comes to reduction of class size. We know this works. So, any resources that this Body continues to put forth when it comes to reduction of class size is a positive thing that we know the ratio to students and teachers in a classroom is paramount when we continue to have that… that ratio low for that particular educator… for that particular teacher to teach in that classroom to yield the positive results that we all want. So, I will commend the Sponsor to continue to push the envelope, continue to push this type 09400111.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 of legislation, and to continue… and I hope this Body will continue to form… to fund this particular initiative. And I urge all Members to put an ‘aye’ vote on this particular Bill. Thank you.” Speaker Lyons, J.: “Representative Will Davis.” Davis, W.: “Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.” Davis, W.: “Representative, as I was reading the information provided about reducing class size, where is the money to help with? If I can ask this question. If you’re reducing class size in an overcrowded school, doesn’t that mean that they may have to add on to that school and make it a little larger maybe to accommodate that?”
“That… that may be a problem for some districts, Representative, that’s not addressed here. This simply would fund the salary of a teacher in that new classroom.” Davis, W.: “Okay. The… and reason I ask that question is, I’m all for reducing class size among other things as it relates to education. But one of the problems, particularly in the communities that I represent, is that schools are already busting at the seams. So, if they have to reduce their class sizes but there’s not the school construction money there, as well, in addition to that, then there are gonna be some other problems. So, let’s say that this is a statewide initiative but the school can’t reduce class size because they don’t have any more space in there school. Does that school face any type of penalty? Or it’s just a matter of them not getting the funds to go along with that?” 09400111.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Well, I’m sympathetic to situation you mentioned and obviously, this grant program probably is not going to benefit them. Ya know, there is no consideration for, ya know, the expense that would be involved in additional classrooms or building needs. Obviously, that would be something in the bigger picture and some of what the debate was earlier about what the long-term expense would be if we went to mandatory smaller classrooms throughout the state.” Davis, W.: “You mentioned the bigger picture and that’s exactly what I’m trying to get to here. To the Bill. Ladies and Gentlemen, as Representatives have spoken before me have said, we have a bigger problem than just reducing class sizes. Many people will say that it’s not just about throwing money at a particular problem and I guess in some respects I can agree with that. But if we don’t have the resources to do all of the things that we’re trying to do, then how are we expected to help children, how are we expect kids to learn. What kind of provide… what kind of environment are we providing for… for young people if the resources to help with school construction, to help put computers in all of the classrooms, to help buy updated books, to help replace crumbling infrastructure, if that money is not there in order to do that, then how can we expect children to learn? Those of you who are in school districts where they’re spending tremendous amounts of money to educate kids, I challenge you. Send some of your students down to my district and have them spend a year in my schools and then let them come back and tell you what’s needed. If you don’t believe it from us, maybe you’ll 09400111.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 believe it from the kids. We all understand that there is a need for better funding for schools. There are a lot of initiatives out there including House Bill and Senate Bill 750. Many of you are saying, I don’t like that Bill, but you aren’t giving us the alternatives. You aren’t working to try to figure out the best way to try to fund schools here in the State of Illinois. So as we examine this particular issue, in terms of reducing class size, let us not again forget the bigger picture and that more money is needed to provide technology and other things for schools. How can we expect children to learn in some of the environments that they’re provided. So if you are for kids and if you are for educating kids, then you have to do the rest of this. You have to complete the job and reform how we fund schools here in the State of Illinois. Thank you.” Speaker Lyons, J.: “Representative Rosemary Mulligan.”
“Thank you, Mr. Speaker. I compliment the Chair for allowing this debate to go on for a while. I think we’re all very interested. Will the Sponsor yield?" Speaker Lyons, J.: “Indicates he will.”
“Representative Smith, I certainly understand where you’re going with this. The only problem I see with it is, and I have a few questions. As the Chair of Elementary & Secondary Appropriations, have you or your staff ever added up the amount of money that are put into the special programs that if you took all that money, set it aside in one Bill, and then divided it up either to raise the foundation level or to do things for schools that are much more comprehensive than a 1-year plan for something that we 09400111.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 all understand would be a good idea, I mean, I think what the discussion’s actually proven there are a lot of us here that know what we should do to make education better in this state, there just doesn’t seem to be the will to make the overall commitment to the big dollars it would take. So, do you think this is the best use of money and have you ever figured out with all the pilot programs that are presu… you know, presented each year what we could do with that amount of money?”
“Well, that… that’s an interesting point, Representative Mulligan, and ya know, we cut many of those other line items in the budget back 3 years ago now when we faced the $5 billion budget deficit and many of those programs have not been restored to full funding. This is an issue that’s been talked about for many years, we passed legislation in the past. This is simply an attempt to say that if we’re for smaller class sizes, then let’s provide some money in a pilot program and see what the results would be here in Illinois.”
“The state board just came to JCAR and eliminated a lot of plan… a lot of different programs that have never been funded. This is a program that once again we’re discussing, but there is no funding for it, is that correct?”
“This is subject to appropriation. We’re hopeful that we can… that we can get the $10 million in the budget before we leave here.”
“Well, ya know, a lot of us will vote for this because we understand… I mean, there’s an understanding 09400111.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 that if a child has a really excellent teacher and I’m… and that’s not to say that most teachers aren’t really good, but every now and then you have a really excellent teacher, once every 3 years in school it raises the ability or the level of the child to succeed in school. And basically, if you had put your money in early childhood or if you put your money in the lower grades, what you’re trying to do here and make a smaller classroom, it would give a child a better start. But I don’t think the real commitment for the dollar is there and I think if people from different areas of the state, if we sit down and we look at the actual funding that’s going to happen at the end of the Session, which always is thrown together, particularly in education, there’ll be people from different parts of this state that would like that $10 million for something else. In my area, we’d like it for categoricals or to more fully fund special education around the state. In other parts of the state, they’d like it to raise the foundation level. So, although we’ll all vote for this and I think all it does is everybody has an intention to show we understand what it takes to make better schools. I still think we lack the commitment to put the dollars there and that’s unfortunate. So, I applaud you for calling attention to this again, but I think there’s a better use for the $10 million.” Speaker Lyons, J.: "Representative Smith to close.”
“Thank you, Mr. Speaker. Ladies and Gentlemen, if you’ve listened to the debate, something interesting has happened here today. I believe, Representative Fritchey 09400111.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 agreed with Representative Black and Representative Mitchell agreed with Representative Monique Davis. That doesn’t happen too often. Again, this is a pilot program to fund smaller class sizes in 200 grants throughout the state… 200 classrooms throughout the state. This has been a goal that we have voted on in the past. This would set up a pilot program to begin to put our money where our mouth is. It is subject to appropriation. We’re hopeful that we can get the money in the budget negotiations in the next week or two or however long we’re going to be here. I would ask for an ‘aye’ vote on this. I think it’s an important step forward for improving student achievement in the State of Illinois.” Speaker Lyons, J.: "All those in favor of support of Senate Bill 2882 should vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McAuliffe. Michael McAuliffe. Mr. Clerk, take the record. On this Bill, there are 98 Members voting 'yes', 12 Members voting 'no', 2 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Bond, Representative Stephens, for what purpose do you rise?”
“A clarification of the record.” Speaker Lyons, J.: "Yes, Sir.”
“It was Representative Jerry Mitchell that agreed with Monique Davis. It was not my friend, Representative Bill Mitchell.” 09400111.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: "Thank you, Representative Stephens, for that clarification. The record will so reflect. The Chair recognizes the Lady from Champaign, Representative Naomi Jakobsson, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise on a point of personal privilege.” Speaker Lyons, J.: "Please proceed.”
“I’d like to take this opportunity to introduce in the balcony a wonderful group of people from Urbana from Clark-Lindsey Village and included in that group is a former House Member, Helen Satterthwaite. I think many of you would remember her. Let’s all wave and give them an applause. And thank you for being here.” Speaker Lyons, J.: “Welcome to Springfield. Mr. Clerk, on page 2 of the Calendar is House Bill 2113. Read the Bill, Mr. Clerk.”
"House Bill 2113 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Currie, has been approved for consideration.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Barbara Flynn Currie.”
“Thank you, Speaker and Members of the House. This Amendment would extend the prevailing wage to those workers who haul aggregate materials to public works construction sites. The story today is that many of these truckers are working for companies whose primary business it is to sell to road construction sites, to public building sites and yet these individuals though they may spend the entire day 09400111.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 at the work site find that at the end of the day what they’re paid is nothing like what’s being paid to the woman or the man who is working right beside them. So, to clear up this oversight, to make sure that those people who are providing public works labor for us, this measure, as I say, would extend to aggregate haulers, at and right next to the site, the prevailing wage that applies to other laborers on state road and other construction projects. I would appreciate your support for the Amendment and I’m happy to answer your questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Winnebago, Representative Winters.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“And actually I would request a verification, if this is an appropriate time to do that? It’s on Second, excuse me.” Speaker Lyons, J.: “It’s on Second Reading if…”
“Okay.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Ken Dunkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Representative, proceed.”
"Yes. I’m just trying… Representative, can I ask what prompted this Bill here? Can I ask what prompted this Bill.”
“I think the people who work on these projects who carry this aggregate material noticed that they’re not 09400111.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 being paid as much as the other people who are working on that same public works construction site.”
"Okay. So, you said… many of us know this. My question is… if I can hear. My question is, we’ve known that… you say, most of us know that this occurs in our cities, in our states… throughout our state?”
“Yes.”
"Okay. I’m just trying to figure out why, at this time, is this Bill before us given that it’s been going on for such a long time and it really hasn’t created any local… or has it created local ordinances to help address these… some of these issues?”
“Well, we’re talking here about the State Prevailing Wage Act.”
"Yes.”
“So, this is the appropriate place to solve the problem and I hope that today we’re able to do so.”
"So, can you explain to me why the Illinois Road Builders, the Mid-West Truckers Association, the Illinois Aggregate Producers, and the Association of… Illinois Association of General Contractors disagree with this?”
“My impression is that they are not in favor of the Bill. Maybe we should adopt the Amendment and then discuss the Bill on Third, if that would be…”
"Well, the Amendment becomes the Bill, right?”
“That’s right. That’s why I thought maybe we should put the Bill with the Amendment on Third Reading and then have our debate.”
"Fair enough.” 09400111.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “Representative Dunkin, could you let us move the Bill and then on Third Reading we’ll have plenty of questions on that. Seeing no further questions, all those in favor of the adoption of Floor Amendment #2 to House Bill 2113… Floor Amendment #1 to House Bill 2113… by saying ‘aye’… all those in favor signify by saying ‘aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted. Place the Bill on Third Reading, Mr. Clerk, and read the Bill.”
"House Bill 2113, a Bill for an Act concerning labor. Third Reading of this House Bill.” Speaker Lyons, J.: “Representative Currie.”
“Thank you, Speaker and Members of the House. This is the Bill as amended. It does precisely what I described, that is, it makes sure that those truckers who are hauling in aggregate material at public work sites, primarily roads but other construction projects as well, will be subject to the prevailing wage as are other laborers on those sites.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Dunkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield, again?” Speaker Lyons, J.: “Indicates she will.”
"Okay. So… as I was pointing out… or trying to find out, now, you said this is at public sponsored construction sites?”
“Public… public sites, right. This is not private sites.”
"So, we don’t do this already?” 09400111.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Prevailing wage does not apply to private work sites, it applies to public work sites.”
"Is there a way or mechanism that we’re gonna be able to follow or utilize in terms of seeing to it that companies or us… with public dollars at these construction sites are actually adhering to something like this, potentially?”
“We do have enforcement provisions for the Prevailing Wage Act already in statute.”
"Good. Is there a precedent elsewhere throughout the state where this is going on where we have held accountable, I guess, our public dollars of this project?”
“Oh, yes, absolutely… absolutely.”
"So, if we’re doing it already, I’m trying to get a sense of why is it that this is such a… why do we have to put this in law again? Or…”
“Because today… today the people who are bringing these materials: concrete, cement, to the work site and often spending the whole day pouring the concrete, working on the concrete, are not covered under our statute. So, this measure would see to it that those laborers on our public sites, construction sites, would be entitled to the prevailing wage.”
"So, I’m just trying to get a sense of why is it that all of these individuals, the Illinois Association of General Contractors, the Illinois Road Builders, the Mid- West Truckers Association, the Illinois Aggregate Producers are all against this if it’s the right thing to do, if they’re getting public dollars that simply speaks to 09400111.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 fairness before ya even receive the dollars because they have to bid and apply for these dollars at a fair market value price. They have to be certified or be… and be on a special list already to even qualify for this level of function to even be considered.”
“I find it hard to understand why they opposed except that I would say frequently the employer community stands in opposition to programs that are beneficial to workers.”
"So, help me understand. The penalty for such an act would be what?”
“It would be a Class B misdemeanor.”
“A Class…”
“B.”
“B.”
“B.”
“And I have no idea what a Class B misdemeanor is.”
“This is no change from current law with respect to other prevailing wage changes.”
"Okay. So, again, I’m just trying to get some clarification. What is a Class B? Could we get some order, Mr. Chair.” Speaker Lyons, J.: “Ladies and Gentlemen, I’d ask you, once again, there’s a lot of noise on the chamber floor. If I could ask you, please, it’s a hard time for the Members who are in discussions to hear the questions and their answers. So, could we please lower it just a little bit, please. Go ahead, Representative Dunkin.”
“Thank you, Mr. Speaker. Again, Representative, I’m trying to figure out what a Class B misdemeanor is in this 09400111.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 regard and more importantly, how we’re gonna enforce something like this given that… there’s gonna be public dollars going to these public construction sites of individuals who have to bid anyway on these various projects.”
“I will… I’ll double check the actual amount that a Class B misdemeanor would… would give you, but it’s the second from the highest. I would guess, perhaps, $500 for an infraction.”
“Okay. Five hundred dollars per day, per incident?”
“Per… per… yeah, per infraction.”
"Per infraction?”
“Yeah.”
"So, if this goes on for 30 days or 45 days…”
“Right.”
"…is that per day or just one occurrence?”
“It could be per day and that’s why if the… if the Department of Labor were to discover that somebody was… and this is true under current law. If they were not paying prevailing wage to a qualified employee on the work site, then this would… this would be the penalty.”
"Okay. Is there… is there an economic impact study or analysis of some of the public projects that we participated in whereas we’ve seen extreme cases of discrimination or whereas workers beside workers have been discriminated against in terms of their pay scale or various wage scales?”
“Well, the issue… it would depend on the work site. But for example, we’re about to undertake the complete redo 09400111.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 of the Dan Ryan Expressway in Chicago. And I should imagine there could be many stories that might come out of that project involving people who, as I say, could find themselves spending the whole day working at that site but because they are the people who brought that aggregate material in, the cement people for example, would not be entitled to the prevailing wage.”
"So, if I’m downstate, let’s say in… I don’t know, Lincoln County, is there such… such a place called Lincoln County? Okay. Let’s say there’s a Lou Lang County, for example, hypothetically.”
“Lou Lang… Lou Lang… Lou Lang.”
“I’m just trying to figure out… what type of structure are we gonna have in place with the Labor Department to actually enforce something of this level? And…”
“Well, the Labor Department sends people to work sites to find… And they also, for example, they check to see if the Equal Pay Act is being adequately enforced with private employers. There are many responsibilities our State Department of Labor has. I would imagine that sometimes they are alerted to a violation of an Act whether it’s the Equal Pay Act or the prevailing wage law or hours lost, child labor laws and that… that precipitates an investigation. And if they find there is a violation, they warn the employer and the employer would be wise to shape up and pay up.”
"Okay. Do you think $500 is enough? I mean, is that… is that serious enough in this situation?” 09400111.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“That has to do with the underlying Act, the Prevailing Wage Act and I know that under the able leadership of Representative McKeon who chairs the House Labor Committee that’s the kind of issue that can be addressed in that context.”
"Thank you. To the Bill.” Speaker Lyons, J.: “To the Bill.”
"Ladies and Gentlemen of the House, you know, this is a good natured approach or attempt to address an issue, quite frankly, that’s rampant actually all across this country as I understand. The problem that I have with this Bill, quite frankly, is: one, of enforcement; two, of the inherent discrimination in the building… in the building trades, certainly at… you know, at the construction sites of a lot… current public funded projects across this state where you have an inherent or just an abject discrimination and racism as it relates to public projects where we have a huge portion of certain people in this state that’s not working. And yet, it’s a public project. And yet, we don’t have any codified laws in place to see to it that they’re even a part of the fabric of that project, even as a laborer in some cases. They’re not at many of the levels of what this Bill right here would hit. It would cover a broad range of perspectives as it relates to the construction project and yet, we can’t even enforce that or come up with a comprehensive language or Bill or law that addresses some of those issues. But yet, we wanna come up with a Bill to further enforce folk not being discriminated against and, quite frankly, that hasn’t been a prevailing 09400111.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 issue in my particular district, quite frankly. And I’m just trying to figure out if, ya know, if this is enough teeth while these various associations of these people in the construction have a real issue with this, given the history of prevailing wage and certain people being discriminated against and not being paid at the parity with others. I’m trying to figure out if this is a BAND-AID approach, if this is sort of a gesture of goodwill, if you will, or if we’re serious about doing the right thing for people in this state of ours who are working on publicly financed projects and/or even individuals who are receiving public dollars for some of these capital project for private projects. I think this Bill should possibly include that as well. So, I think we need a more comprehensive law that addresses the abject and the rabid discrimination in a lot of these trades as it relates to road builders, as it relates to some of the individuals in these… in these truck… these trucking companies, these… some of these teamsters as well. There’s inherent problems that we… that exist today in this state when it comes to these various association and some of these unions, quite frankly, and so it’s a much more comprehensive issue than just really sort of hitting ‘em… really hitting ‘em with a feather across the head with a simple $500 per occurrence and there’s really no teeth outside of that. And it appears to me, at least from, you know, my line of questioning, that our enforcement is woefully lacking. So, I’m very, very torn on this Bill. On one hand, I think, if a person… if a woman or a man is working next to another 09400111.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 person, they should receive the same amount of money. But there’s some inherent problems that we need to address first to deal with this particular issue. So, if you’re as torn as I am, I would vote ‘no’ on this Bill.” Speaker Lyons, J.: “Ladies and Gentlemen, we have six additional speakers to speak and we certainly haven’t used the clock all day and I won’t do it now. But if we could try to… keep it a time constrain reasonable to the other speakers, it would be appreciated. The Chair recognize the Gentleman from Jackson, Representative Mike Bost.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, as this Bill is written, does it require… for instance, we use bridge beams on a lot of our highways that are constructed here in the State of Illinois…”
“Use what?”
“Bridge beams… bridge beams. Okay. The highway… when a bridge is put in place, they’re hauled into place and they’re moved over and they’re set. But quite often they’re constructed… is this then going to require those companies that build those bridge beams because they actually have aggregate hauled to their places. But they provide these beams to charge prevailing wage to bring that aggregate to their facilities?”
“No.”
“No. Okay. If… are they… are they then… because they are hauling it to the jobsite then the… they’re required to 09400111.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 pay prevailing wage for the truck that’s hauling it the site?”
“They’re hauling the bridge beam to the site, right?”
“That is correct.”
“Is that what you said? Yes.”
“That is correct.”
“They are not covered under this measure. They would not be covered by the prevailing wage requirement.”
“All right.”
“Right.”
“Okay. But aggregate material goes into those bridge beams so that doesn’t count as aggregate…”
“That does not count for purposes of this Bill.”
“Okay. All right. Then the approaches to those bridges where we have to actually lay in a rock foundation and the rock has to be hauled in, that does have to be?”
“Right. That is covered if that material is coming directly to the site or just adjacent to the site under the control of the site.”
“Okay. Representative, do you know how… how truckers figure prices on… as far as hauling aggregate material in most jobsites in this state?”
“I didn’t understand that question.”
“All right. Do you… do you know how a trucking company that is providing this service calculates their price so that they can put a bid in when they haul aggregate to a jobsite?”
“I assume they do it on the basis of the cost per mile of the… of the gasoline they use…” 09400111.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Yeah, see… see most…”
“…and the worker they employ.”
“…most people do… most people do. And now… understand that’s the business I came from, so let me explain to you exactly how you calculate that. You calculate that based on the fact that… yeah, you’ve gotta configure on what it’s gonna cost you in wages, what it’s gonna cost you in everything and like that. But you also gotta know that that truck is going both to that site and then it may be a possibility that it’s going away from that site hauling another product and you have to calculate that in to come out to the right wages to pay your drivers. And you’ve also got to remember also, and that’s what I hope the people of this Body are paying attention to, you also have to calculate what… what your person that’s competing against you for that bid is doing and they aren’t charging by the hour. They don’t charge by the hour. They charge by the ton. So, based on that, the calculations have to be made on a guestimate. What does… what does your staff analysis say as far as the overall costs that’s estimated that this’ll cost, on your…?”
“The staff… staff tells me what the prevailing wage is in certain parts of the state. But I do not have a comparison of what truck drivers are paid to do ‘x’, ‘y’, or ‘z’. I guess I would point out from your example that if I’m a contractor and I’m working… I’ve got workers working on a public site but I’m also… I’m also working on fixing your driveway, I have the same problem of calculation. I may be able to pay less for the work on 09400111.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 your driveway than I’m having to pay workers on the public site. So, the calculation, I don’t think, is any different.”
“No… no, the calculation… here’s… here’s the problem. In a competitive business where you’re giving bids based on the price of… per ton, your variances in comparison to other states, those type things, as well as the quarries. Do you… do you not see a problem that… that we’re gonna start losing… Let me explain it this way. If I have to spend more money to put a mile of road down and I don’t have the money to do it, I’m only going to put down one mile instead of two.”
“No… by definition we’re talking a public works project in which the public body is paying the cost. We have made a public policy determination that on a public works project workers should be paid the prevailing wage. We’ve made that determination because we think it’s fair for the people who work for us to be able to take enough home at the end of the day that they can put a roof over their head and put food on the table.”
“And I am all for the workers getting a prevailing wage.”
“All right.”
“And not only that, let me explain this to you. I’m for the workers having a job and I’m telling you that if we go down this path, there’ll be less jobs again in the State of Illinois. Now, according to the people who are in support of it, I’m gonna tell ya, folks. To the Bill, Mr. Speaker.” Speaker Lyons, J.: “To the Bill.” 09400111.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“I have supported the teamsters on many occasion, a lot. I come from the industry, I understand. The two… the opponents against this, listen, the Associated General Contractors of Illinois, Illinois Association of Aggregate Producers, Illinois Road and Transportation Builders Association, Illinois Construction Industry…, Illinois State Chamber of Commerce, Illinois Truckers Association. It goes on and on, folks. They can’t all be wrong on this. What they see is, is once again, they see jobs not being done in the State of Illinois. Our people who are wanting to work, can’t work. Why? Because we price ‘em out. Folks, I will stand with you and work every way that I possibly can to create more jobs in Illinois, to make sure people receive a good living wage, but this doesn’t do that. What this does is, it’s gonna make it to where fewer people are working and other people are just sitting along the side, going, ‘Wow, I had that job and they told me I was gonna get prevailing wage and I was low man on the totem pole and oop, I’m out.’ Think about what we’re doing here, folks. I encourage a ‘no’ vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Winnebago, Representative Sacia.”
“Thank you, Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative Currie, do you know the figure that is estimated by IDOT to cost IDOT per year with the… with the passage of this legislation?”
“We think the fiscal note was about a hundred and forty thousand dollars.” 09400111.doc 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“Oh, no, no, no. No, no, no, I think it’s about 40 million. I believe I’m right in saying it’s about 40 million. I… I’m pretty close.”
“It can’t be. It can’t be. Well then, something was wrong with their calculation.”
“I’m sorry. The figure I have from staff is 35 million, I had heard 40. I’m saying cost to IDOT… cost to IDOT… projected cost to IDOT. I’ll move on, Representative Currie, because I think your analysis will show the same. I know you are not a Lady that discriminates against people. Do you know where the Federation of Women Contractors stand on this Bill? I think you are answering Department of Labor, Representative Currie. The projected…”
“But yeah, we never… we never heard from the Department of Transportation.”
“Okay, I…”
“The number I referenced was from the Department of Labor. But I can’t imagine that the kinds of numbers you’re talking about have any basis in reality. We are talking about people who are not doing most of the work upon the site…”
“Rep… Representative Currie, that comes from the director of IDOT. I… you know, I’m not gonna embellish it or make it up. It’s approximately 35 million. Let’s move on. But I… I am correct in that figure, that comes from IDOT, no one else. That in itself is huge. The additional cost to the trucking industry… I’m not going to go into a great deal of that because the previous speaker stated it 09400111.doc 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 very well. But a question that I did ask you while you were speaking with staff, I know you’re not a woman that discriminates against people, but do you know where the Federation of Women Contractors stands on this Bill?”
“Yes.”
“They are opposed, correct?”
“Yes.”
“Representative Currie, as it’s been previously stated, there are over 20 professional organizations that are directly related to this legislation that are adamantly opposed to it. The cost of aggregate by the time it gets from its loading point to its distribution point is going to be a huge, huge cost. To the Bill. Ladies and Gentlemen of the House, you know, we see it on a federal level when one Party controls all three chambers. We see that here on the state level, though it’s the opposite Party. But I don’t think this Bill is going to get any uniform Party support because this Bill is way, way off the mark. It is absolutely going to drive jobs out of Illinois. We have now lost in the neighborhood of 40 thousand heavy trucks being licensed in the State of Illinois in the past 2 years. We cannot continue down this road. This is absolutely a vote that all of us, both sides of the aisle, must stand together and vote ‘no’. Thank you.” Speaker Lyons, J.: “Gentleman from Bond, Representative Stephens.”
“Thank you, Mr. Speaker. You know, if the fiscal impact of this Bill is a hundred and forty thousand, I 09400111.doc 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 suggest that we take it out of the Legislative per diem account and just get on to the next piece of legislation, but I’m not so sure that that’s true. Representative… I wonder if the Lady will yield?” Speaker Lyons, J.: “The Lady will yield.”
“What is the problem we’re trying to fix?”
“We’re trying to solve the problem that many workers on public construction sites are not covered by the prevailing wage…”
“Okay, so this…”
“…and they should be.”
“This person is working for a trucking firm?”
“Bringing in aggregate material, perhaps spending the whole day on the job…”
“And… okay, and they are…”
“…but not entitled to the protection of the state prevailing wage.”
“They’re not being paid enough?”
“They’re not covered by the state prevailing wage.”
“They are… are they being paid enough or not?”
“It’s a… this is a basic issue.”
“I just need to know what the problem is.”
“Are we for a prevailing wage…”
“Representative, are they being paid enough? How much are they being paid?”
“I don’t know how much they’re being paid. I know they’re not being paid the prevailing wage.”
“So, they might be making $30 an hour, you don’t know. Are you suggesting that we lower it to 25?” 09400111.doc 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“No.”
“What number do you want? What number… what is the number that you’re trying to change?”
“The prevailing wage. The prevailing wage.”
“If you want it to be something… some number, you call it the prevailing wage. That’s a number. What number are they being paid now? And why are they taking these jobs, pray tell? Are they being taken advantage of by the owners of the companies that own the trucks? Is that what’s wrong? Because I got a question for you, I need to know if my father-in-law is taking advantage of his nephew… his grandson. His grandson’s been working for him, carrying aggregate for 5 years. It’s a great job. He’s… he’s raising his family on those wages. He wants to know what you wanna do for him. Do you… trying to get rid of his job? Or are you telling him he’s not making enough as it is? Is his… is his grandfather taking advantage of him?”
“My guess is that grandfather is paying a wage that’s just like the prevailing wage.”
“You… well, you know what, the grandfather’s having a hell of a hard time paying that wage right now. Because he’s doing work for the State of Illinois and this administration has… owes them a quarter of a million dollars right now and they can’t get paid. You know why? Because this Governor’s stands… stood right here in this chamber and said everything is fine. Our dollars… our budget is balanced. We don’t owe anybody anything. We are out of debt. For the first time in 5 years the state is in 09400111.doc 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 perfect financial shape. Well, of course they are if we don’t pay our bills to the Williams Trucking Company in Fillmore, Illinois, where they take that money and they wanna pay for good paying jobs that you’re trying to help chase out of Fillmore. When you chase ‘em out of Fillmore, Representative, you chase ‘em out of Illinois. When you chase ‘em out of Illinois, you hold another press conference and you say, if you’re backing this administration… you say, ‘We saved the day.’ The other day local press said, this Governor has eliminated 13 thousand state jobs. Oh, by the way, footnote: they were vacant already. He says he’s cutting the state payroll and he’s not. He says he’s bringing jobs to Illinois and he’s not. And this is another example… a foolish example of how you chase jobs out of Illinois and you go down to the union hall and we say, ‘Guys, we got you a $30 an hour job. The good news is you got a raise to $30, but the reality is you’re unemployed but you got the best benefits in the world.’ That’s what’s wrong, that’s why we don’t join you in doing what you say you’re doing. Because what you say and what you really do are two different things. You’re chasing jobs out of Illinois. We want those jobs to stay. I believe that Dale Williams is taking real good care of his grandson. We’d like one of the other grandchildren to join the company, but because this state doesn’t pay its bills, we can’t do that. Representative, I’m sure you’re well-meaning, but if you really care about jobs and the people of downstate Illinois, you should take this Bill out of the record.” 09400111.doc 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Speaker Lyons, J.: “The Gentleman from Winnebago, Representative Winters.”
“Thank you, Mr. Speaker. In case that this Bill might miraculously get a majority, I’d… I request a verification.” Speaker Lyons, J.: “Your request will so be honored.”
“Will the Sponsor yield for questioning?” Speaker Lyons, J.: “She indicates she will.”
“Representative, I am a little concerned about the Bill, particularly in some of the… some of the terms that are used. I know it’s the end of the Session, we possibly have put a lot of burden on the Legislative Reference Bureau, excuse me, but can you define for us a facility dedicated ‘exclusively or nearly so’? What’s the definition of ‘exclusively or nearly so’?”
“What we’re trying to cover here, Representative, for example, you’re doing work on the Dan Ryan and you need a lot of… of gravel. Well, there may not be room right there where you’re actually doing the reconstruction for all of the gravel that you need to have delivered. So, you’ve rented a little block next door and that is used for purposes of your reconstruction project. We wanna make sure that when the workers are at that part of the expanded site they are covered by this provision as well.”
“Do you have any definition… you refer to the proximity… such proximity to the actual construction location reasonable to include. Do you have any kind of guidelines for us? Or do we have to leave that up to JCAR 09400111.doc 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 to decide is it a hundred yards, a quarter mile, 5 miles, 20 miles, any idea?”
“I… Yeah. It’s certainly not 5 miles, it’s certainly not 40 miles, but I think it’s a factual determination. Was this site rented or used pretty much entirely for purposes of supplying the materials to the actual construction itself.”
“Well, do you have a… do you have a percentage figure that we might be able to hang our hat at? A quarry that’s three miles away, okay, and they’re hauling truckloads of gravel…”
“No. Quarry… the quarry would not be included.”
“The quarry is not. It’s just a transfer station, if you would, is that… that what you’re…”
“Well, it depends on what you’re transferring.”
“Some… some kind of lot where they would be storing the gravel and then using it…”
“No.”
“…on site?”
“Storage… storage, some place else, no. But if you’re actually putting together some of the concrete items at this adjacent site and then moving them over to the actual construction project, that would be covered.”
“Well, normally with gravel you don’t mix it with anything. You haul it and you dump it and then you smooth it out, compact it, and pour concrete over the top.”
“Well, but you may have to make sure that it’s a contained appropriately so it’s not going to cause other problems. Cement is an obvious example where you may, in 09400111.doc 104 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 fact, the only way you can divest yourself of it would be to pour it into something and the worker… the person who’s transported it may well be required to do some of the finishing work as well. And that’s the nub of the problem, Representative. The person who’s actually working there on the site or at the place where the materials are coming onto the site to be worked and not being paid the… the prevailing wage.”
“Well…”
“Not given the protection of a public works project.”
“Do you… do you have any definition of ‘transportation’?”
“I think the usual definition would apply.”
“Well, transportation is moving a material from one spot to another. So, if there’s a pile of gravel and I, running a payloader, which has a large scoop, moves gravel from that pile into a truck, is that transportation?”
“You did…”
“Or is it the truck only? Do you have any kind of definition of what ‘transportation’ is? I don’t believe you do.”
“Well, I think… I think that’s a well-understood term in the statute and the point here is to say that those transporters who are integral to the work site oughta be paid the prevailing wage…”
“Well, a payloader operator on the work site…”
“…just like the laborer right next to him.”
“…a payloader operator on the work site would be entitled prevailing wage. Now, if he’s off-site, in close 09400111.doc 105 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 proximity, which you don’t define, I would assume that he would also be eligible for prevailing wage. He’s transporting it, he’s moving aggregate material.”
“Under the terms of this Bill, he would only be covered if that off-site place were a location that was itself integral to the construction program.”
“So, a hundred percent to this one site, in other words, it’s gonna be exclusively used on this one site. And then, the employees that are working there…”
“Right.”
“…the workers working there would also be included.”
“Right.”
“Now, that probably isn’t even in the $35 million that IDOT says this is going to cost them.”
“Well, ya know, let me just mention that we never heard from IDOT, they were not in committee. They have not approached me nor any of the other Sponsors of the Bill.”
“Well, they’ve approached us.”
“So, I don’t know who from IDOT is your reporter but certainly there is nothing official.”
“Has anybody from the Tollway Authority approached you? Has anybody from the Tollway Authority approached you?”
“No.”
“Okay. Well, we looked at the tollway contracts and the amount of construction that’s going on, we think in the range of 8 to 10 million dollars for the tollway, Capitol Development Board, probably a little bit smaller than that. And really, we think, IDOT will see about a $35 million 09400111.doc 106 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 hit. Now, unless you found a special fund that has $35 million, people have to understand that will be fewer road projects done in this state because we’re putting the money into the truckers instead of putting it into projects. Ladies and Gentlemen, we’ve heard that we… the Sponsor thinks the fiscal impact may be a hundred and twenty thousand dollars, we think it’s more in the range of 35, 45, 50 million dollars. That’s the kind of budgeting that is getting this state into serious problems year after year, but particularly this Session, we are seeing a budget that’s gonna be rammed down our throats without adequate funding, with nebulous sources of funds. This is simply an example of the lousy accounting of the current administration. This Bill is an epitome of poorly drafted legislation that will hurt Illinois. It will stop us from putting construction projects into place. It will lead to a lowering of the number of jobs that we have in this state. And again, I urge a ‘no’ vote on this. Thank you.” Speaker Lyons, J.: “The Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Thank you. Majority Leader Currie, in the Amendment on page 3, if you could help me understand something. On page 3 of the Amendment, which becomes the Bill, line 28, let me just read a few of the words I’m having difficulty interpreting. It says, ‘or at a facility dedicated exclusively or nearly so to the performance of the contract 09400111.doc 107 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 or project and are located in such proximity to the actual construction location that it would be reasonable to include them or that performed work, et cetera.’ What kind of facility are we talking about?”
“I would imagine primarily we’re talking about space next to a construction project, open space, that is used to mold the concrete, that is used to help store the gravel while waiting for the opportunity to actually it install it on the roadway.”
“But…”
“I… for example, in my area we’ve had a lot of shoreline work done. Well, they use a lot of gravel to do that, a lot of stonework and that sits waiting its turn next to the place where the action will happen.”
“But in the lack of specific language, could it be a small… a very small manufacturing facility that is making fasteners for the guardrail and that just happens to be their business site?”
“No.”
“Where… but where… that’s where we have this definitional problem, because it doesn’t make that clear.”
“No, we’re talking about the performance of the project located… it would be to include them and the work that is going on for the project exclusively. It is not meant, obviously, to include a manufacturing site.”
“All right. And then, that sentence goes on to say, ‘mechanics engaged in the transportation of materials’ and then you add language, ‘including aggregate materials’. So, I interpret that to mean an inclusive sentence, whether 09400111.doc 108 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 you’re… if you’re hauling or delivering something that is used in that project then you’re subject to the Bill. Or am I not reading it correctly?”
“Could you repeat the question, Representative?”
“Yeah. If… because of the way that sentence and that Amendment is constructed, it says, ‘including aggregate’… let me get the exact language, I apologize, including…”
“Right. Including aggregate…”
“Yeah, ‘including aggregate materials’.”
“…the people who are transporting materials including aggregate materials.”
“Right. Okay. What if the material I’m transporting is not aggregate?”
“Between 22 and 26, I think…”
“Right.”
“…on that page, you’ll find out.”
“Okay. The… if I’m not… if I am not delivering nor transporting aggregate: gravel, sand, cement, et cetera, am I still covered under this Bill?”
“No, you… no, you are not.”
“Okay. All right. Thank… thank you very much, Representative. Mr. Speaker and Ladies and Gentlemen of the House, to the Bill. I won’t belabor the point, others have said so. This Amendment is drafted a little differently than what I’m used to seeing on prevailing wage. And I thought the comments of a Member on the Democrat side of the aisle early on was very appropriate. It gets into areas that traditionally have not been covered. If you’re a minority-owned business or a women 09400111.doc 109 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 business enterprise and you have one truck and one driver and you’re just trying to get started in the business and you deliver aggregate or necessary materials to the project and not actually to the site, but in the Amendment it’s covered to a site in close proximity where you are storing aggregate and other materials, it appears that your driver would be covered. That might boost your wage by a considerable factor and then when that job is gone, then you’re trying to get back into that business, you obviously will not be paying the prevailing wage. And I think that’s why the minority-owned business group, women business group, have some very definite concerns about this Bill. And I think… I happen to know a gentleman in Danville who’s been trying to get established as a minority business with IDOT for more than 20 years. And the hoops that this man has had to go through, the rejections that he’s had, and the problems he’s encountered and I’ve written many a letter and tried to help him whenever he’s asked for help. As someone said on the other side of aisle, there’s something wrong. And all of the intentions… good intentions of this Bill are not going to decrease these kinds of problems, my fear is that’ll increase these kinds of problems. Because… from my own personal experience, he’s a hardworking gentleman, but he has no employees. He does his own work, he has his own truck, and he tries very hard to do guardrail work on an IDOT project. And for some reason, maybe it’s because of the color of his skin, I don’t know, and I don’t wanna bring that up. I shouldn’t have even brought it up and I apologize. But for some 09400111.doc 110 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 reason, he just can’t seem to get any contractual work from the general or the subcontractors or even from IDOT. And I think that’s wrong. And I think until we address some of those issues, sidebar issues like this can wait awhile. I intend to vote ‘no’.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Jasper, Representative Reis.”
“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative, you said you had not heard back from IDOT yet on the cost of this proposed cost?”
“IDOT… IDOT has not approached us, but I can tell you the numbers that are being described on this House Floor bear no relation to reality.”
“But you don’t think it will just cost a hundred and forty thousand dollars?”
“That’s the cost of enforcement. Yes, there will be a cost but I think the numbers you’ve heard today are way out of line.”
“Were…”
“Those numbers suggested most of the work on these sites as being done by aggregate haulers.”
“Well, I think most of us here don’t believe that you’re gonna pass sweeping legislation like this, that’s just not gonna cost very much money. I mean, it’s… we’re smarter than that. How can we move forward with the state finances as tight as they are when we don’t have… I mean, will you put this on Postponed Consideration until we find out how much this is gonna cost? If it’s $35 million, if it’s 20, 09400111.doc 111 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 if it’s 50, how can we move forward without knowing the exact cost of this?”
“Representative, this is a matter of principle. It has long been the policy of the State of Illinois to pay prevailing wages to the people who are involved in public construction programs.”
“It hasn’t been the long standing because we’re passing a Bill to make it that way. It has never been that way.”
“It has long… long-standing practice. The effort in this Bill is to make sure that those protections are available to all of the workers who are putting their labor into our construction programs.”
“Okay. We have a truck that’s hauling gravel and it blows a radiator hose or it blows a tire. Does the person that comes out and fixes that truck have to be paid prevailing wage?”
“No.”
“So, just the driver that’s doing the hauling?”
“Yes.”
“Okay. That’s for another Bill. What about out-of-state providers of aggregate?”
“Excuse me?”
“What about out-of-state providers of aggregate, do they have to be paid prevailing wage?”
“If… if they’re working on our construction site, yes. And I think that’s true if you have an out-of-state laborer working on that construction site or an out-of-state plumber.”
“Okay.” 09400111.doc 112 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“They… they would be covered by our prevailing wage law.”
“Okay. I want to take this to a more local level. What effect is this gonna have on townships and their road building projects?”
“They’re covered as they are today. I… I’m finding this conversation very difficult…”
“No, I mean, in the townships…”
“Some… it seems to me some Members of this chamber don’t seem to understand that we have a prevailing wage law.”
“But…”
“We do.”
“…are the township road builders, do they have to pay prevailing wage for the aggregate that’s hauled to build their roads now?”
“They do not today, but they should and that was the whole point of this Bill. They do to their other workers.”
“How is the townships that are going broke going to afford for this? They haven’t had their motor fuel tax increased for 10 years. I don’t think there’s a person in downstate Illinois that hasn’t had their township supervisor contact them about how broke they are. Where is this money gonna come from to pay the extra money?”
“Well, you know what, Representative, if you wanted to abolish the prevailing wage law…”
“That’s not what we’re here for, we’re expanding it.”
“…then presumably, they could do a whole lot more. Is that what you’re proposing today?” 09400111.doc 113 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“No, not at all. You’re…”
“Are you going to introduce that Bill?”
“You’re twisting this around.”
“I don’t think so.”
“You’re wanting to expanding it and we have some problems with it as my township supervisors do. This is not about us trying to… do away with the prevailing wage, you’re expanding it.”
“Yes, it is. Only where appropriate to provide protections for all the workers on public construction sites. If you don’t think we should provide those protections, put in your… put in your Bill to abolish prevailing wage.”
“It’s an unfunded mandate on our local townships. IDOT’s not gonna be able to afford this. Projects somewhere are not gonna get done because we’re gonna be paying more in labor. I have one more question on schools. Is this gonna affect school projects?”
“Yeah. Well, not private school projects, only public school projects.”
“So that hundred and forty million dollars that we still have not provided bonding for for school projects is gonna go up automatically already, right?”
“Representative, the prevailing wage is what it is. Do we require them…”
“No, is it gonna cost more for those schools to get built because of this?” 09400111.doc 114 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006
“I would say a few pennies more only to provide basic protections to all the workers on a public construction site.”
“Okay. To the Bill. We have… we always do things backwards here in Springfield. We pass a Bill, then we go try to find the money. Our townships are not happy with this. IDOT’s gonna clearly be able to do less projects because they’re gonna have less money to build those projects. We’ve just wrecked (sic-wreaked) havoc on our trucking industry in the State of Illinois with higher fees, higher license plates. The business climate in this state is just unbelievable. And I intend to vote ‘no’ on this. The people downstate that vote for this are gonna have to go home to their township supervisors and their schools and explain to them why their projects are gonna cost more money. I just encourage everyone for a ‘no’ vote.” Speaker Lyons, J.: “The Lady from Cook, Representative Mary Flowers.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Will the Lady yield?” Speaker Lyons, J.: “She indicates she will.”
“Representative Currie, can you please help me to understand what it is that we’re doing? And I just wanna give you an example. If I am a prime contractor, I bidded with IDOT on a particular work site. I won the bid. Now, I must perform the job. I need the material to be brought to the work site in order for me to do the job. So, now what I have to do is to go to the cement place or the 09400111.doc 115 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 concrete place and have someone to bring that material to my work site. So technically, I have contracted with a truck driver to bring those materials to my work site. And by law or as a result, I should be paying this person the prevailing wage because if this truck driver does not bring this work or these materials to my work site, I cannot honor the contract that I signed with IDOT. Is that the understanding?”
“Right. Yes.”
“And so therefore, the only thing that we’re doing for this truck driver who has to buy his own fuel and pay his taxes and his tires and keep up his truck so his family can be fed, he’s asked to be paid a fair wage.”
“Exactly.”
“And a fair wage is the prevailing wage.”
“Exactly.”
“Now, who amongst us could go and tell a worker that we don’t want them to be paid the prevailing wage or the fair wage, but yet the prime contractor contracted with IDOT for a certain amount and he can’t do the job, not unless the truck driver bring him the material. To me, he’s the most important person in this whole deal.”
“Right.”
“Thank you, Representative. I urge an ‘aye’ vote.” Speaker Lyons, J.: “Representative Currie to close.”
“Thank you, Speaker, Members of the House. This is about the prevailing wage. That’s been our policy, it should be our policy. The red herrings we’ve heard about what the definition is and increased costs are just that, 09400111.doc 116 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 red herrings. These workers deserve the same protections as every other laborer on that construction site. Vote ‘yes’.” Speaker Lyons, J.: “Ladies and Gentlemen, there has been a verification request by Representative Winters. I ask all Members to vote their own switch. The question is, 'Should House Bill 2113 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Mr. Winters, I think your issue is moot, your privilege. Ladies and Gentlemen, on Senate… on House Bill 2113, there are 17 'yes', 67 'no', 29 ‘present’. This Bill, having failed to receive the Constitutional Majority, is declared not passed. The Chair recognizes the Gentleman from DuPage, Representative Roger Jenisch, for what reason do you rise?”
“A point of order.” Speaker Lyons, J.: “Personal privilege, go ahead.”
“We are suppose… I thought after that long debate it would warm up in here. But these three Ladies are wrapped in blankets and I’m doing everything I can to keep them warm but I need some help. Can we work on getting a little heat if we’re gonna be a while longer? Their toes are frozen, their noses are cold. It’s a bad situation.” Speaker Lyons, J.: “Thank you, Representative. Representative Molaro, for what purpose do you seek recognition?”
“Thank you. Just… just to point out the obvious. This is no disrespect to Representative Hassert ‘cause White 09400111.doc 117 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 Fence Farm is delicious. However, it was topped today. Ray Poe, that’s the best chicken I’ve ever had. Thank you very much, Mr. Poe.” Speaker Lyons, J.: “All Members will be added to that Motion, Representative Molaro. Representative Younge, for what purpose do you seek recognition?”
“I rise on a matter of personal privilege.” Speaker Lyons, J.: “Proceed, Representative.”
“Visiting with us today is Mary Lofton and Jeanette Dear and the juniors and seniors of 189. Let’s give them a Springfield welcome.” Speaker Lyons, J.: “Welcome to Springfield, glad to see ya here. Mr. Clerk, on… Representative McGuire, on page 14 is House Resolution 949. The Gentleman from Will, Representative Jack McGuire on House Resolution 949.”
“Thank you, Mr. Speaker. I’ll be very brief. I have a Resolution that I would like to have read today and I will read. This Resolution came to me from a gentleman named Bill O’Connell, a lot of the old-timers around here will remember Bill O’Connell, he was a newspaper man from the Peoria area and he had asked me to sponsor this Resolution. This Resolution basically is the… dedicate the month of March of the year of 2006 to the Irish Americans. Now, there was a lot of history, some good, some not so good, some swell times, some sad times when the Irish left Ireland because of the famine and immigrated to the United States of America. They not only were successful in music and acting and the arts and business, but also in government service as well as politics. So, I would like 09400111.doc 118 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 to have this adopted today because it is the last day of March that we’ll be in Session. And it does honor the Irish Americans for the month of March of 2006. And I would appreciate the passage. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Sullivan.”
“Thank you, Mr. Speaker. I don’t wanna belabor the point other than to say that I certainly rise in support of this Motion. Certainly as the Sullivan Caucus, we don’t take too many votes, but I’m sure we’d of voted for this one. My family came over to Ireland during the famine years so we, ya know, from a heritage of that we understand what the troubles were. So, I just want to have this favorably passed.” Speaker Lyons, J.: “Thank you, Representative Sullivan. All those in favor of the adoption of House Resolution 949 indicate by saying ‘aye’; those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 949 is adopted. Mr. Clerk, Agreed Resolutions.”
“Agreed Resolutions. House Resolution 1104, offered by Representative Rose. House Resolution 1105, offered by Representative Chapa LaVia. House Resolution 1106, offered by Representative Dugan. House Resolution 1107, offered by Representative Cultra. House Resolution 1108, offered by Representative Sommer. House Resolution 1109, offered by Representative Flider. House Resolution 1110, offered by Representative Miller. House Resolution 1111, offered by Representative Rita. House Resolution 09400111.doc 119 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 1112, offered by Representative Jakobsson. And House Resolution 1122, offered by Representative Schock.” Speaker Lyons, J.: “You’ve heard the Agreed Resolutions. All those in favor of their adoption indicate by saying ‘yes’; those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Agreed Resolutions are adopted. Mr. Clerk, read the Adjournment Resolution.”
“House Joint Resolution 114. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Thursday, March 30, 2006, the House of Representatives stands adjourned until Monday, April 03, 2006 at 3:00 p.m.; and the Senate stands adjourned until Tuesday, April 04, 2006 at 12:00 noon.” Speaker Lyons, J.: “Seeing no further business to come before the House, the House will… allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned until the hour of 3 p.m. Before we do that, Representative Parke.”
“Thank you, Mr. Speaker. Can you tell the Body if the Bills that are remaining on the Calendar are going to… are all of the deadlines gonna be extended? And if so, to when?” Speaker Lyons, J.: “Representative Parke, we’ll be back to you in one moment on that, please.”
“Thank you.” Speaker Lyons, J.: “Representative Currie moves for the adoption of House Joint Resolution 114. All those in favor 09400111.doc 120 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 signify by saying ‘aye’; those opposed ‘nay’. In the opinion of the Chair, the ‘ayes’ have it. House Joint Resolution 114 is adopted. And Mr. Parke, in reference to your question that there will be extension on those Bills remaining on the Calendar ‘til some time next week. But we will all have an opportunity to present our Bills.”
“So you’re saying everything that’s in the Calendar at this point will be extended to some point to be determined next week.” Speaker Lyons, J.: “A date yet to be determined, but definitely next week we’ll have an opportunity to run our Bills.”
“Well, as long as we… as long as every Member knows whatever’s there will be extended, that’s good. Thank you.” Speaker Lyons, J.: “Thank you, Mr. Parke. The Chair recognizes the Gentleman from Menard, Representative Brauer.”
“Thank you, Mr. Speaker. What time do we go in on Monday?” Speaker Lyons, J.: “We would go in at 3 p.m. on Monday, Representative, 3 p.m.”
“Thank you.” Speaker Lyons, J.: “The Gentleman from Cook, Representative Harry Osterman.”
“Thank you, Mr. Speaker. A point of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.”
“Ladies and Gentlemen of the House, next Tuesday evening we will be playing our annual softball game against the Senate. Last year, as you may recall, we lost the 09400111.doc 121 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/30/2006 trophy, so we would try to get that back. If anyone’s interested, please bring down spikes and sweatpants and all that. And we’re gonna practice Monday after Session and the game’ll be Tuesday. So, look forward to next week.” Speaker Lyons, J.: “Thank you, Representative. And now, allowing for perfunctory time for the Clerk, Representative Barbara Flynn Currie moves that the House stand adjourned to the hour of 3 p.m. on Monday, April the 3rd. Adjournment ‘til Monday, April the 3rd at 3 p.m. Have a safe trip home. All those in favor signify by saying ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Adjournment Resolution is adopted. Have a safe trip home.”
“House Perfunctory Session will come to order. Introduction and reading of the House Bills-First Reading. House Bill 5776, offered by Representative Holbrook, a Bill for an Act concerning regulation. House Bill 5777, offered by Representative Molaro, a Bill for an Act concerning interstate compacts. There being no further business, the House Perfunctory Session will stand adjourned." 09400111.doc 122