“Good afternoon. I’ll try to make this as painless as possible. I’m just joking, of course. Let us pray. Dear Father God, again we call upon You for help and guidance over the important matters of the great State of Illinois. Before me stands wonderful women and men who desire to do what is best for the people of this great state. They will not forget the people whom they serve, so help them as they attempt to honestly serve all the people. They are a Legislative Body of various faiths and beliefs. Let us respect each other’s convictions and treat all beliefs with that respect. But let us also be faithful to You, great God, especially for Your teachings of love, fairness, and justice. And even as the people need the help of the state, so before me are people who have needs as well. They may need Your help in family matters, in health, in personal decisions. They may have loved ones and friends in the armed services serving this great state and our nation. We ask that You bless and protect them. We ask that You help those who are in need. Help them, God of blessings. Help them to know that You know them, You are acquainted with everything about them, and You care and love 09400114.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 every one of them. That if they call upon You, You will be near to all who call upon You. God bless us all, Lord. God bless our state and God bless our nation. In Jesus’ name I pray, and Amen.” Speaker Lyons, J.: "We’ll be led in the Pledge today by Representative Jim Sacia.”
“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 Bost.”
“Thank you, Mr. Speaker. Let the record reflect that Representative Osmond is excused today.” Speaker Lyons, J.: "Representative Burke.”
“Thank you, Mr. Speaker. Let the record reflect that the following Members are excused today: Representative Lou Jones, Kevin Joyce, Milton Patterson, Jim Brosnahan, and Sara Feigenholtz.” Speaker Lyons, J.: "Thank you, Representative. Mr. Clerk, take the record. A hundred and twelve Members are reporting. There is a quorum, ready to do the business of the people of the State of Illinois. Mr. Clerk, Committee Reports.”
"Committee Reports. Representative McCarthy, Chairperson from the Committee on Higher Education, to which the following measure/s was/were referred, action taken on April 05, 2006, reported the same back with the following recommendation/s: 'recommends be adopted’ is House Resolution 1039. Representative Molaro, Chairperson from 09400114.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 the Committee on Judiciary II - Criminal Law, to which the following measure/s was/were referred, action taken on April 05, 2006, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 3016; 'recommends be adopted' is a Motion to Concur on Senate Amendment 1 to House Bill 4606 and a Motion to Concur with Senate Amendments 1 and 2 to House Bill 4438. 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 April 05, 2006, reported the same back with the following recommendation/s: 'approved for floor consideration' referred to the Order of Second Reading is House Bill 3904 and Senate Bill 1682; 'recommends be adopted' is Amendment #2 to Senate Bill 2199 and Amendment #2 to Senate Bill 3018; on the Order of Concurrence, a Motion to Concur with Senate Amendment #1 to House Bill 4300, a Motion to Concur with Senate Amendment #1 to House Bill 4406, a Motion to Concur with Senate Amendment #1 to House Bill 4461, and a Motion to Concur with Senate Amendments 1 and 2 to House Bill 5348.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from DuPage, Representative Bob Biggins. For what reason do you rise, Representative?”
“Point of personal privilege, Mr. Speaker.” Speaker Lyons, J.: "Please proceed.”
“I would like the Members to greet and introduce to you the members of the Westchester Chamber of Commerce. They are here today and specifically welcome… had joined me and 09400114.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Karen Yarborough and former favorite son of the Village of Westchester, Jim Durkin. Welcoming over my shoulders in this gallery, the Westchester Chamber of Commerce visiting us here today.” Speaker Lyons, J.: "Welcome to Springfield, Westchester. Glad to have ya. Mr. Clerk, on page 11 of the Calendar under Agreed Resolutions is House Resolution 1031. Representative Hassert.”
“Thank you, Mr. Speaker. Would the Clerk read the Resolution, please?” Speaker Lyons, J.: "Mr. Clerk.”
"House Resolution 1031, offered by Representative Hassert, Meyer, and Cross. WHEREAS, The Bolingbrook High School Lady Raiders won the 2006 IHSA Class AA girls basketball State championship by defeating Belleville Althoff by the score of 45 to 34 on March 4, 2006, in Normal; and WHEREAS, The Lady Raiders had an impressive 31-2 record and are the first of any IHSA sanctioned competitive sport in the Valley View School District to win a State championship as a team; this accomplishment demonstrates the dedication and tremendous effort set forth by the players, coaches, managers, athletic department, parents, and fans; the 2006 Lady Raiders Basketball Team has truly raised the bar for all future athletics at Bolingbrook High School; and WHEREAS, The team members include: Mauvolyene Adams (Captain), Brittney Thomas (Captain), Kiara Marshall, Satavia Taylor, Janisha Gearlds, Shanina Jenkins, Miranda Tate, Camille Ramsey, LaTisha Morgan, Kirsten Esbensen, Shantina Boyd, 09400114.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Madison Tate, Nikki Coates, Nicole Parrott-Wilson, and Samantha Woods; and the managers are Jasmine Lyons, Rebecca Calloway, Melissa Smith, and April Bullock; and WHEREAS, The coaching staff includes: Head Coach Anthony Smith; Assistant Coaches Carter Larry, Angela Thomas, Matt Monken, and James Klappauf; and Trainer Gina Younce; and WHEREAS, The students, staff, and parents at Bolingbrook High School, and all of the Village of Bolingbrook in Will County, Illinois, have supported the Lady Raiders and are justifiably proud of the team's exemplary performance and hard work; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Bolingbrook High School Lady Raiders on their 2006 IHSA Class AA girls basketball State championship title; and be it further RESOLVED, That suitable copies of this resolution be presented to each member of the team as an expression of our esteem and with our best wishes for continued success in the future.” Speaker Lyons, J.: "Representative Hassert.”
“Thank you, Mr. Speaker. If we could have a little… if you could tone down the chamber a little bit.” Speaker Lyons, J.: "Ladies and Gentlemen, Representative Hassert has a group of young ladies here that he’d like to recognize and I’d appreciate it if we could bring the level of noise down. Ladies and Gentlemen, if we could please keep the noise level down, bring conversations down a little bit, it’d be appreciated.” 09400114.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Thank you, Mr. Speaker. Just first of all, Susan Mendoza is a graduate of Bolingbrook High School right here and she used to be a star soccer player from Bolingbrook and she now represents a district in Chicago. And I am very honored to have this group here today. This is the first championship team we had in Bolingbrook High School’s history and… led by Coach Smith and Coach Larry up there. And one thing about Coach Smith, he requires the girls to have a 3.0 grade average, and I think that should… that in itself… We have assistant principal here with ‘em. Assistant Principal Renner’s also down here with ‘em. These young ladies had a… I wouldn’t say a tough road to the championship, but they also had a couple overtime games to get there. They won handily in their… in their defeating Belleview (sic-Belleville) Altoff School, which I’m not sure exactly where it’s at, but I’m grateful they did. And we have only three seniors in this group that are gonna be leaving this group. We have sophomores, freshmen, and juniors that are gonna be back next year, so this group is going to be around for a while. And I’m very proud of ‘em, I’m glad they’re down here today. And they’re gonna have the privilege of going over to the Governor’s Mansion here and having lunch in a little while. So, could everybody please give them a round of applause.” Speaker Lyons, J.: "Congratulations, Lady Raiders.”
“Thank you.” Speaker Lyons, J.: "All those in favor of adopting House Resolution 1031 signify by saying ‘yes’; those opposed say ‘no’. And the opinion of the Chair is the ‘ayes’ have it. 09400114.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 And the House Resolution 1031 is adopted. The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia.”
“Mr. Speaker, point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
“Would the Chair allow me to introduce my son to the Body?” Speaker Lyons, J.: "Absolutely.”
“Ladies and Gentlemen, I’m joined today in the House by my second-oldest son, John. John is a captain in the United States Army. He’s an Apache attack helicopter pilot. He has served three combat tours. Many of you will remember… many of you will remember when then President Clinton sent the 24 Apaches from Germany to Albania. That was John’s unit. He was then a second lieutenant when the war started in 2003. He was serving as a captain, as a forward observer, and he was one of the 950 initial men and women to push into Baghdad. For the past 2 years he has served as a company commander of an Apache unit. His last year in Iraq and I’m very proud to have him home.” Speaker Lyons, J.: "John, it’s our privilege to have you here today. As the saying goes, ‘Apples don’t fall too far from the tree.’ God bless ya. Mr. Clerk, on page 2 of the Calendar under Senate Bills-Third Reading, Representative Kelly has Senate Bill 2197. Read the Bill, Mr. Clerk.”
"Senate Bill 2197, a Bill for an Act concerning truant minors. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognize the Lady from Cook, Representative Robin Kelly.” 09400114.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2197 amends the Juvenile Court Act of 1967… 1987, excuse me. It authorizes counties and municipalities to adopt ordinances regulating truants within their jurisdiction and creates new chronic truancy provisions. It also authorizes the creation of community truancy review board, which is under the supervision of the regional superintendents of school. Also under Senate Bill 2197, prior to filing a petition against a truant minor in need of supervision, the regional superintendent or the community truancy review board must certify that the local school has provided appropriate truancy intervention services to the minor and his or her family, and these services are designed, of course, to assist the minor’s return to the educational system. If the school cannot provide the appropriate interventions, the minor shall be referred to community-based youth services. Also, as part of the ordinances, there may be a graduated fine schedule for repeat violations which may not exceed $100 or community service or both for violators 10 years of age or older and may provide for enforcement by citation. If the violator’s under 10 years of age, the parent or custodian of the violator is subject to the fine or community service. I can answer any questions.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Jim Durkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "She indicates she will." 09400114.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Representative Kelly, our notes state that this does preempt Home Rule. Is that your understanding?”
“Yes, that’s my understanding.”
"Okay. So, Mr. Speaker, inquiry of the Chair. This will require 71 votes for passage?” Speaker Lyons, J.: "Repeat your question, Representative?”
"The question… I asked Representative Kelly of whether or not this preempts Home Rule, and she acknowledged that it does. So the question I have for you, Mr. Speaker, of whether or not this is going to require 71 votes for passage?” Speaker Lyons, J.: "Get right back to you, Representative.”
"Thank you. Representative, in the analysis it states that… it makes reference to what is a truant and what are the types of violations or actions which would cause a child or minor to be truant. Could you advise me of what those factors are which would cause someone to be truant? To be labeled as… or to be charged and…”
“Well, in the…”
"…violated under this section?”
“A chro… a chronic truant is a minor required to attend school who is absent without valid cause for at least 10 percent of the previous a hundred and eighty calendar day.”
"I’m sorry, could you…”
“You want me to repeat it?”
"Could you speak a little closer to the mic? I didn’t hear that.”
“Okay.” 09400114.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Speaker Lyons, J.: "Wait a minute, Representative. Ladies and Gentlemen, again, we have a lot of noise on this House Floor. It’s awfully hard for people engaged in debate to hear each other’s questions and answers. Could I please ask for some silence on the floor? Shh. Thank you very much. Representative Kelly.”
“This is a person who is required to attend school and who is absent without valid cause for at least 10 percent of the previous 180 calendar days.”
"Okay. Now, for violators under the age of 10, how would they be… what would be the penalties or sanctions that would be imposed upon them?”
“Well, either there’s community service or they’re subject to a fine, but it would be the responsibility of the parent or the custodian.”
"So, what… is there a threshold level for… at some age… I mean, children start school at an early age. At what age can you be subject to a truancy complaint? What is the lowest age that which you could be subject to anything under this Act?”
“Well, it would be when you are supposed to attend school. I’m assuming first grade. It’s school-age children. So, if you’re in first grade but, of course, that would be on your parent or the custodian if you did not attend school.”
"So fourth or fifth graders would be subject to this? I’m not quite sure. I’ve been out of…”
“Well, it’s below 10 there’s a certain fine, and then there’s above 10.” 09400114.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Now, are the parents… do they bear any responsibility for the children under the age of 10 if they are labeled as chronic truants?”
“Yes, they do.”
"All right. Do both the parents and the child bear responsibility or is it strictly the parent?”
“It’s the parent.”
"Okay. For the… over the… are there financial… any type of financial sanctions or penalties which are assessed against the parents?”
“Yes. It could be up to $100.”
“Okay. And for those children under the age of 10, what would be the… would they be subject to community service as well?”
“Under the age of 10 it’s the parent or the custodian that is subject to the fine.”
"Who would deter…”
“Over the age of 10.”
"Who would make the determination of whether or not a minor is truant?”
“There’s a… there could be a community truancy review board or the school itself.”
"That is what is currently in our schools?”
“This is what’s in the legislation.”
"All right. We’re creating these truancy review boards through this legislation?”
“Yes.”
"And they’re…”
“We can do it. We don’t have to…” 09400114.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Okay.”
“…but we… it’s up to the school.”
"But is there current… is there currently a truancy review board in our schools today? Or is this all a brand new area within local gover… in school government which we’re creating?”
“Actually, I’m not sure about that. I don’t know if some have and some don’t have.”
"All right. Now…”
“Let me check. Hold on. I’m not sure, Representative.”
"I’m sorry, Representative Kelly, can you repeat that?”
“I was saying… you asked do schools currently have it and I said I’m not…”
"I asked whether or not there is a current truancy rev…”
“…I’m not sure about that…”
"Okay.”
“…if some already do.”
"I guess the next question is now that we are instituting this, would this only apply in these unincorporated areas or is this now going to apply to every school district?”
“No, it applies to every school district. But…”
"Okay. All right.”
“But they don’t have to create the truancy board.”
"How do we deter… how is this truancy review board to be made up? What is going to be the composition of that board?”
“Well, it’s under the supervision of the regional superintendent of schools, so they would be involved in…” 09400114.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"I guess… so we’re saying that they can base… they can create this truancy review board based on whatever they feel is appropriate. They can create… they can name as many members as they want. Do we… do they have to be part of the school district? Can they be people in the community? I’m just kinda curious who would the… be the people who are gonna be composing this board. And do we think that it’s right that we allow the superintendents to have complete arbitrary… have complete discretion over who’s on these boards?”
“It’s not defined who would be on the… who would make up the truancy board. It would be up to the regional…”
"All right. Now, if a minor or a parent is determined… I mean, if the minor is determined to be truant and let’s say if the parent is also… is fined, do they have any process… do they have a… are they allowed to be present for these charges and someone to make a decision and determination that they have violated the… that they… that their child has been determined to be a truant under this statute?”
“Under the Bill, prior to filing a petition to have the minor adjudged a truant minor, the superintendent or community truancy review board must certify that the local school has provided appropriate truancy intervention services to the minor and his and her family. If a minor refuses to participate in intervention and continues to be a truant, the minor may have a second opportunity to participate in intervention services as part of a court order.” 09400114.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Okay. Now, if someone is judged to be a truant under this truancy review board and they’ve gone through the process, is this a permanent mark on their school records?”
“It would be as any truant is treated now, it’s not a permanent mark.”
"All right. Here’s my next question, how are they currently treated?”
“That’s a good question.”
"I know. Could you have somebody look into it?”
“Actually, it depends on what part of the state they live in is how they’re treated.”
"Well, my concern is, Representative, is that there is a child who does have some… there are truancy… they’ve been adjudged a truant and it could be that the parents are the ones who… are the ones that probably are responsible. Is this going to carry along with that child when they apply for high school? And if… is this something which would be… if they’re grammar school, whether the high school which they’re attending would have access to? Or is this something that schools must give to the high school?”
“You’re saying it’s probably… the parent has a lot of responsibility so the child shouldn’t suffer.”
"Well, that’s my question. Is… well… at either age, whether they’re under the age of 10 or over the age 10, when they move on to the next level of school is that going to carry with them the… this… that they have been adjudged to be a truant… or a chronic truant?” 09400114.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Well, according to what I’m looking at under the School Code, it’s the custodian that will have to bear the responsibility, not the child.”
"No, I guess… the question I have is that if they’ve been adjudged to be a truant and if they’re in grammar school, is that mark or that… that judgment, which we’ve had this administrative judgment, is that going to carry with them? It’ll be on their records permanently and when… upon their… when they move up to the next level of education, like in high school, do you know if that’s the case?”
“But in grammar school you’re under 10 years of age, typically, so the… it’s… in this Bill it’s the parent or the custodian that carries the responsibility.”
"Right. But for the children who are over the age of 10, where the parents are not… from how I understand the way the legislation reads, that they would not be held liable or they would not be responsible for the child’s actions. The point… Representative Kelly, the point I’m saying is that when a child is adjudged to be truant it is something which is put on their school records, it’s in their file. Is that a matter which is going to be passed along to the high school when they apply for high school or they begin high school? Whether it’s a private or a public institution.”
“What we’re trying to do with this Bill is offer services before they are adjudged.”
"I understand.”
“So it won’t get to that point.”
"I understand. But my question is is whether or not that decision that they’ve been… when it’s been determined 09400114.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 that they are truant, that’s on their record, it’s on their grammar school record, it’s kept in some type of file, is this information passed along to the high school when they start high school?”
“I think it makes a difference if they’re labeled that by the judge, which means they’ve already gone to court, or by the community review board, because that’s what we’re trying to prevent…”
"Right.”
“…so there will be nothing on the record.”
"Well, are truants… is a judge brought in to determine truancy? I thought this was strictly done at the local level through a truancy review board, it’s not in the circuit court.”
“Right.”
"All right.”
“It’s the superintendent.”
"All right. All right.”
“The board under the superintendent.”
"Now, it states that the school boards are immune from any to…” Speaker Lyons, J.: "Go ahead, Representative. I’ll give you one more minute.”
"One more question. It does provide some immunity for school teachers, that they would not be subject to any type of private right of action, means you can’t sue ‘em if they’ve operated in good faith. Now, we’re stating that they could be just the opposite, that school superintendents… the school officials would be subject to 09400114.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 some type of civil liability if it’s determined that they have acted in bad faith to a adjudge the parent or the child to be a truant, correct?”
“The superintendent is ultimately responsible. And actually, their attendance record is going to show if they were truant without a valid cause.”
"Okay. So, we’re not giving them bla…” Speaker Lyons, J.: "Representative, if you can continue your remarks and conclude ‘em in the next minute, we’d appreciate it.”
"I will. Last question. I mean, I just wanna make sure we’re not giving these superintendents blanket immunity from any type of civil action, correct? It’s only when they’ve been… adjudged that…”
“No, we’re not giving them…”
"…they’ve been operated in bad faith, correct?”
“No, we’re not giving them blanket immunity.”
"All right. Thank you very much.” Speaker Lyons, J.: "The Chair recognizes 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, can you tell me how many truant officers do we have in the County of Cook, and specifically in the City of Chicago?”
“How many truant officers there are in Chicago?”
“Yes.”
“I don’t know, Representative.” 09400114.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Do you know if there’s any at all? And what their job is now in regards to truancy?”
“From my understanding, truancy and what’s done about it is very minimal in Chicago.”
“Okay. And so, would you not say that the people that should be doing their jobs now, they’re not doing their jobs in regards to the truancy and the reason why some of these children may be truant?”
“I don’t know if they’re… I’m not sure about if they’re doing their jobs or not or what all of the circumstances are, but what we’re trying to do is ensure that before a child goes to court that we do everything that we can do as far as intervention services, as far as counseling, working with the parents, and everything we can do to get the minor back to school.”
“My concern… I was reading the analysis here and it stated that if… it said, ‘Provides that if after review by the regional office of education or the community truancy review board it is determined that the local school did not provide the appropriate intervention then the minor shall be referred to a community-based youth community service agency for truancy intervention.’ And then it goes on to say, ‘Provides that if the community-based youth service agency is incapable or unwilling to provide intervention service then this requirement for services is not applicable.’ So, if the school board doesn’t do anything, if the regional office doesn’t do anything, if the community services people doesn’t do anything, nothing is applicable. But yet, it goes on to say that, ‘Provide that nothing is… nothing in 09400114.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 these provisions shall be constructed to create a private cause of action or rights of recovery against a regional office education, its superintendent or a staffer with respect to the truancy intervention.’ So once again, it seems like to me that you’ve provided a way so that the people that should be responsible are not responsible.”
“Representative, I spoke to some of the youth advocates that came to me about this and actually they said very few cases go to the community agencies anyway, that the school does take care of the intervention. So they don’t really see that this is going to be a big problem. And these are from the youth advocates from across the state that I was… I’ve been speaking with.”
“I understand what you’re saying, Representative, but my point is that you’ve carved out their responsibility. You’ve said to them, ‘You really don’t have to do a doggone thing about these kids being truant, but we are gonna charge the parent or the child.’ But nobody else really have to do anything and there’s no consequences for their action. So, therefore…”
“Their act…”
“Therefore, what is the point?”
“Before they go to court, anyway, they don’t have to do anything. It’s only after they go to court. So right now, they don’t have to do anything.”
“I’m sorry, Representative, I didn’t hear you.”
“I said they don’t have to do anything before they go to court anyway, it’s only after they go to court. And we’re trying to prevent them from going to court.” 09400114.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“My… my point from reading the analysis here, it doesn’t say ‘before’ or ‘after’. It says that none of these people, if they are unwilling to do anything… if the school board and the region is unwilling… cannot do and then you go to a community service organization and they too are unwilling and cannot do, there shall not be a cause of action held against these people who did not do their job to intervene on this child truancy.”
“Representative, we’re actually not changing anything that’s in place now. Currently, they… they’re not doing anything. Only with the judge’s order can… can they do something now. So, we’re actually putting more in place on the front end. And once there’s a judge’s order, if it goes to that and if they don’t do anything, that’s when there are some consequences.”
“Representative, the only thing I’m reading… now I’m reading the actual language from the Bill. At first I was reading from the analysis.” Speaker Lyons, J.: "Representative Flowers, your 5 minutes are up. I’ll give you one more minute.”
“Thank you, Mr. Speaker. This appeared to me to be new language and that’s my concern. And nothing is being done now. No adult is being held responsible for not doing their job, but yet you wanna put the onus on the mother who may or may not be able to afford to pay. And then if the 10-year- old cannot afford to pay, what are we gonna do? Take the keys and lock him or her up?”
“Well, it’s not only about payment. It may not be any payment, it may be just community service.” 09400114.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“But that’s not the point. The adults haven’t done their job and you’ve carved them out. They are being held harmless. Thank you very much… thank you very much, Representative.” 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.: "She indicates she will."
"Representative, I wanna make sure I understand exactly what your purpose here. Let me… let me see if this is what you’re trying to do. You’re attempting to allow county boards to, if they choose… it’s a ‘may’. They don’t have to, this doesn’t do anything unless the county board agrees. They may impose rules, including a fine… including a fine if they choose of up to a hundred dollars for chronic truants. We’re talking about students who are chronically truant. That means they have missed, without any excuse, without any doctor’s excuse, more than 10 percent of the days in the school year. And the law also provides that there must be intervention services provided by the school district, there has to have been, if there is a truant alternative board in the regional office of education, that truant officer has to contact. This is something that would happen after all of those previous steps have taken place only if the county board wants that to happen. Is that correct?”
“Yes, Representative, that’s correct.”
"So, what you’re trying to do is provide local officials with a tool in cases where all other… all other actions have 09400114.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 failed, where they have tried. And I understand the importance of making sure that district officials are engaged, that truant alternative services are offered, that the regional office of education and their truant officers have been involved. That’s all very, very important. And as the previous speaker said, that needs to be done and those people need to be held accountable. There’s absolutely no question about that. However, in cases where they have done their job and the… the youth is still not responding, we’re trying to get them back in school, you’re just saying a county board may, if it desires, impose this sanction. Is that… is that pretty much what you’re trying to do?”
“Yes, Representative. You put that quite well.”
"Previous speakers have discussed also the… the possibility of this being on a record, and I just wanna… wanna speak to that for just a second. There are two types of records for students: one are permanent, one… one set of records are temporary. While temporary records may include the fact that a student was truant for a period of time and that may follow them from grade school to high school in a temporary manner, the permanent file of that student does not contain that truancy information. That permanent file only includes the grades and the transcript that may have resulted from the fact the student was truant, but it does not so note the truancy. That is in a temporary file that after 7 years after graduation the student is notified and then those records can be destroyed by the school district.”
“Right.” 09400114.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Thank you. To… to the Bill. I understand the concern. This is a last ditch effort in many cases to try and help, encourage… albeit a difficult way to do it with a fine and bringing parents… but it’s trying to encourage those who we can save. If the fine works and the local officials think it’s a good way, this is a tool. It’s not a mandate for them. County officials locally get to determine under this Bill whether or not they want to take part in it. I wish the problem didn’t exist, I wish we weren’t talking about these issues, but we are. And I… I really think you’re trying to do a good thing here and that we should allow this Bill to provide local officials with that… that type of encouragement, if they so choose. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "She indicates she will." Davis, M.: “Representative, I believe your attempt is to prevent young people from being absent from school on a continuing basis. Is that correct?”
“That’s correct.” Davis, M.: “When they’re… according to your Bill, when they’re taken to… Do they have hearings? Is that what it’ll be, a hearing?”
“Are you referring to the review board?” Davis, M.: “What kind of board will it be?”
“A truancy review board.” Davis, M.: “Okay, when they’re ta… who’ll set up the truancy review board?” 09400114.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“It’s under the supervision of the regional superintendent.” Davis, M.: “The regional superintendent will set up another board, the truancy review board, and their purpose will be to establish a penalty or…”
“To offer community service. It doesn’t have to… the penalty can be community service or it can be, it doesn’t have to be, fines not to exceed $100. But actually, what the purpose of the Bill is to get the students back into school and to not see them go to court and to try give them as many services as possible before they’re sent to court.” Davis, M.: “You know, Representative, often when a student is chronically truant, most often that family hardly has a hundred dollars for groceries. Who would be responsible if the child is staying or in the home of a grandmother or a foster parent? Who would be responsible?”
“If there is a fine sanctioned, it would be… if the child is under 10 years old, it would be that parent or a custodian. But… but there may not be a fine sanctioned if it’s something… if it’s a case like you’re describing. It’s not…” Davis, M.: “Representative, you know, sometimes when we pass these types of Bills, things are done merely to get money. You know what I’m saying? Like it could become a situation in which, all right, we’re gonna bring these people in, we’re gonna bring these people in, we need that hundred dollars, we need that hundred dollars, and it helps to bolster the income of a particular region. Surely, we don’t wanna do that.” 09400114.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Really, I don’t look at it as all about the money. I look at it in trying to save a young person’s record and to make sure they finish school.” Davis, M.: “The original intent would be… your original intent would be to save the children and make sure they’re in school and not absent. But the actual effect could be that a region decides this is some income we can get. We can get those dollars. And where would the community service activity take place?”
“Well, I’m sure it’d be something like what happens in a lot of communities now, some type of volunteering at some designated facility.” Davis, M.: “Who would protect the children while they are performing the community service and who would have or accept liability?”
“Well, often when people have to do community service… I used to work for a municipality and when students came to work off, we accepted that. That’s why we volunteered, because we could accept it. We could accept volunteers in to do community service.” Davis, M.: “You know, usually when community service is, let’s say, provided or asked for, someone or some group has to make sure insurance to a particular degree is available so that that child or children are harmed as they, you know, perform community service, people don’t wanna be liable for what happens to them. You know what I mean? Like it could not be the agency’s fault where they’re performing the community service, but because they don’t have the necessary 09400114.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 supervision that children, especially chronic truants, would need, there could be suits filed against them.”
“Well, I don’t think an agency would volunteer to take in students who were… who were fined community service if they didn’t have the insurance to cover. Again, I’ve worked at places that allowed people to come in and work on community service, but those places would not have volunteered to do that if they didn’t have insurance coverage.” Davis, M.: “To the Bill.” Speaker Lyons, J.: "Representative, your 5 minutes are up. I’ll give you 1 minute to conclude your remarks.” Davis, M.: “Okay. I… I’m sorry. First of all, as a former educator, too frequently our attempt to solve problems is to further punish, to further punish. The children we’re speaking of today need counseling, their families may need counseling, but these are not people who have a hundred dollars or fifty dollars usually at their disposal to pay a fine with. And you haven’t solved the problem because you create a Bill for these people and say now you owe us a hundred dollars or fifty dollars. With all due respect to this most honorable Representative who I know has the very best intentions in the world, I believe this Bill would establish an awful burden and an awful precedent in reference to parents and children and their grandparents. Frequently, children who are chronically truant, there are many family issues that need to be dealt…” Speaker Lyons, J.: "One more minute. Representative, could you finish your…” Davis, M.: “I urge a ‘no’ vote. I urge a ‘no’ vote.” 09400114.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Speaker Lyons, J.: "Thank you.” Davis, M.: “Protect our children.” Speaker Lyons, J.: "Thank you. Before Representative Kelly closes, there was an inquiry by Representative Jim Durkin in respect to how many votes this would need, 60 or 71. So the parliamentarian will address that issue.”
“Representative Durkin, on behalf of the Speaker in response to your inquiry, Senate Bill 2197 does preempt Home Rule powers but does so in a manner that requires 60 votes, not 71 votes.” Speaker Lyons, J.: "Representative Kelly to close.”
“Thank you. We have been working on this Bill for about 3 years. We’ve involved many people from all over the state to try to do it right. The idea of the Bill is to prevent a young person from going to court and to supply those intervention services as far as counseling for the young person and their family and other things. The $100 fine may never happen or the community service, it is up to the review board or the superintendent. I think this is a good way to try to help our young people and I urge an ‘aye’ vote.” Speaker Lyons, J.: "Thee question is, ‘Should Senate Bill 2197 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 Hamos. Mr. Clerk, take the record. On this Bill, there’s 108 Members voting ‘yes’, 4 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. The 09400114.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Chair recognizes the Gentleman from Madison, Representative Beiser. For what reason do you rise?”
"Thank you, Mr. Speaker. Point of personal privilege.” Speaker Lyons, J.: "Please proceed.”
"I’d like to have everyone welcome Beth Williams and her AP Government class from my hometown, from my alma mater, Marquette Catholic High School. Thank you for being here today. It’s a pleasure to have you. Thank you very much.” Speaker Lyons, J.: "Welcome, Marquette School. Glad to have you in Springfield. The Chair recognizes the Gentleman from Morgan, Representative Jim Watson. For what reason do you rise?”
“Thank you, Mr. Speaker. Point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”
“Also in Representative Beiser’s group from Marquette is Sydney Scheiter whose grandfather used to be a Member here, Representative Bob Walters, several years ago. So welcome, Sydney.” Speaker Lyons, J.: "Clerk, on page 3 of the Calendar, Representative Froehlich has, on the Order of Senate Bills- Third Reading, Senate Bill 2204. Read the Bill, Mr. Clerk.”
"Senate Bill 2204, a Bill for an Act concerning health. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Gentleman from Cook, Representative Paul Froehlich.”
"Thank you, Mr. Speaker. Senate Bill 2204 is an initiative of DHS. It simply expands the membership on a task force on health care workplace violence prevention. 09400114.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 It’s supported by AFSCME, AFL-CIO, and the IFT. I know of no opposition. I ask for your support.” Speaker Lyons, J.: "No one seeking recognition, the question is, ‘Should Senate Bill 2004 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’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 3 of the Calendar, Representative Tim Schmitz has Senate Bill 2348. Is Representative Schmitz in the chamber? Out of the record. On page 3 of the Calendar, Representative Marlow Colvin. Is Representative Colvin in the chamber? Out of the record. Is Representative Dan Reitz in the chamber? On page 3 of the Calendar, Representative John Bradley. Is Representative Bradley in the chamber? Mr. Clerk, on page 3 of the Calendar is Senate Bill 2869. Representative Mendoza. Senate Bill 2869. Out of the record, Mr. Clerk. Representative Dan Reitz on Senate Bill 2454. Mr. Clerk, on page 3 of the Calendar, read the Bill.”
"Senate Bill 2454, a Bill for an Act concerning liquor. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Gentleman from Randolph, Representative Dan Reitz.”
“Thank you, Mr. Speaker. Senate Bill 2454 we talked about before, we spoke about it yesterday on the Motion to reconsider. This Bill would authorize the Historic Preservation to allow them to serve liquor for private 09400114.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 parties and private organizations and individuals at all their historic sites. I think it was mentioned yesterday probably, the library has a number of opportunities to have weddings and other interested groups that are wanting to use the museum for this purpose. I’d like to stress, and I think we touched a lot of this, Representative Black was nice enough to ask some questions yesterday to clarify this, but they cannot serve liquor after 5 p.m. and it will… it would be served. They will not ever sell any liquor. It will just be used to be served at the events. And food and beverage is only allowed in the open areas, but not the theaters or exhibits. And this is… they have… they must have a certificate of insurance be on file with the client and their vendors at least 30 days prior to the event and they have general public liability of a million dollars, bodily injury of 500 thousand, property damage not less than a hundred thousand. I think this is a very good Bill. It gives an opportunity to raise the revenues needed to help run the… the Presidential Library and Museum and as well as at our other historic sites. I think we got caught up in… the other day we got caught up in the wave that was going through, but I’d appreciate your support and be happy to answer any questions.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Menard, Representative Rich Brauer.”
“Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Indicates he will." 09400114.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Representative, there’s a lot of confusion on… on this Bill, and a lot of it stemmed from the ability to have a cash bar. Will this Bill allow you to have a cash bar?”
“No, it won’t. It can only be served at receptions of weddings or whatever reception type there is, but they will not sell alcohol of any kind or any beverage. It will just be served there.”
“Yeah, so… so it’ll just be during a reception that somebody will rent the hall and then serve it there, but there’ll be no cash bar of any sort.”
“That’s correct. No cash bar at any time.”
“Well, how… how ‘bout in the cafeteria?”
“No. It’ll just be in the open areas and… of the library and the… in that case of these things. But this is good for various sites throughout Illinois. But as far as the Presidential Library and the Museum, no. It will just be in the open areas where they have the receptions.”
“So if… if I go to the museum as a tourist, go to the cafeteria and want to have a beer, there is no way that that’ll even be for sale or be even offered.”
“Actually, you prob… you won’t even be able to go because at that time they will have rented the museum out… whatever entity it is will have rented the museum and, according to their contract, they will just let the people in that they want for either that reception or that wedding. We’ll have our security there as always and make sure that they’re there. So the museum is not open at the time that people rent this.” 09400114.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“So, the only time alcohol can be served, which it’s served now, is after 5:00.”
“Correct.”
“To… to the Bill. This… this is a good Bill. Right now, the only people that can have a reception there with alcohol are non-for-profits and government entities. The only thing that this Bill allows to happen is for profits and individuals. So if IBM wants to have an annual meeting and have a reception at the museum, this allows that to happen. If a person wants to rent out the Old State Capitol for a wedding, this Bill allows that to happen. This does not allow for sales, this just allows for the Historic Preservation to be more profitable. The museum has made almost $245 thousand renting out this facility at a time when we don’t have the facilities open seven days a week. When we’re five days a week at New Salem, when we’re open five days a week at Herndon Law Office, when we’re open five days a week at the Old State Capitol, this will allow the Historic Preservation, this will allow the foundation at the museum to make money. And hopefully, we could start opening these facilities up seven days a week. This is a good Bill. I urge your support. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Indicates he will.”
“Representative, is there any restrictions on this Bill? Let’s say the neo-Nazi group wanted to get a license. 09400114.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 They’re a non-for-profit. They wanna get a license and have an event at the Abraham Lincoln Library. Can they do it?”
“I would hope not. It’s up to the discretion of the department. This Bill doesn’t deal with that. This Bill just expands what groups. But I would… I would hope they… you know, they will use their discretion and not rent to any group that is not a favorable client for the State of Illinois.”
“Well, I… To the Bill. Ladies and Gentlemen, I have some concern about this Bill. I know that it’ll generate income, but at what price. These museums… we have world class library, world class museum. I just am concerned about… that all of a sudden we have… and I’m not saying it’s gonna happen, but it could easily happen that it ends up being like a circus in these facilities with the liquor being sold and consumed on premise. And so, I have a concern. I rise in opposition the Gentleman’s Motion and I will vote ‘no’ on this legislation.” 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.: "He indicates he will."
“Representative, I’ve had most of my questions answered, but a previous speaker said something that I don’t find true in the Bill. It says, and I quote, ‘Alcoholic liquor may be sold at retail or dispensed at…’, and then it goes on to name all of the state facilities at which this can happen. Now, there’s something inherently wrong when some people say 09400114.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 it can only be nonprofits who rent the facility and the Bill says it can be sold at retail.”
“It’s my understanding that that… that it won’t be sold, it will just be served.”
“Then I would suggest that you get your staff and our staff together and change the Bill, because I’m looking on page 10 of the Bill, line 22, ‘Alcoholic liquors may be sold at retail or dispensed at the Willard Ice Building in Springfield, the State Library in Springfield, Illinois State Museum facilities, by an agency of the state, whether Legislative, Judicial, or Executive…’, et cetera, et cetera, et cetera, as long as certain conditions are met. And I think Representative Hoffman yesterday made it very clear of what those conditions were, and I think the conditions are sufficient to protect the investment. Then on page 11 of the Bill it goes on in line 13 to say, ‘Alcoholic liquors may be delivered to and sold at retail or dispensed for consumption at the Michael Bilandic Building, 160 North LaSalle Street, Chicago, after normal business hours of any daycare of childcare facility located in the building…’, et cetera, et cetera, et cetera, and then goes on in the Bill to specifically say basically the same thing on the Abraham Lincoln Museum. ‘Alcoholic liquors may be delivered to and sold at retail or dispensed at any facility, property, or building under the jurisdiction of the Historic Sites and Preservation Division of the Historic Preservation Agency or the Abraham Lincoln Presidential Library and Museum where the delivery, sale, or dispensing is by an agency of the 09400114.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 state.’ And then it goes on to give the conditions outlined by Representative Hoffman yesterday. Now…”
“That’s… Representative, I… I appreciate that. I’m going off of the… the contract that they have everyone sign for the museum. Says that it will be serve… be served only… it says, ‘Monetary transactions relating to the event… to your event should be taken care of prior and after your event. No monetary activities may occur on our premises, including cash bars or credit or debit card machines.’ I would request the Speaker would pull this out of the record, we’ll clarify that. ‘Cause that’s…”
“I appreciate that. Thank you.”
“…not the intent of the legislation.” Speaker Lyons, J.: "Mr. Clerk, on the request of the Sponsor, pull the Bill out of the record. Mr. Clerk, on the bottom of page 3, Senate Bill 2869. Representative Susana Mendoza. Read the Bill, Mr. Clerk.”
"Senate Bill 2869, a Bill for an Act concerning criminal law.” Speaker Lyons, J.: "The Lady from Cook, Representative Mendoza.”
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2869 deals with forfeited conveyances. In other words, when a car, for example, is forfeited during a drug bust or things of that nature, in the past the conveyance would have to be used for a full year before the vehicle could be used for any purpose other than just drug investigations. Under this Bill, we would allow for these conveyed vehicles, whether it’s, you know, aircrafts or cars or anything of that nature, to be used by the seizing agency 09400114.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 immediately rather than having to wait a year. And furthermore, any monetary proceeds and forfeitures could be used for law enforcement in the area of security cameras to be used in any type of law enforcement, not only drug law enforcement. So, there’s no known opposition to the Bill, plenty of supporters, and I would ask that you support this Bill today as well. Thank you.” Speaker Lyons, J.: "Since there’s no one speaking… seeking recognition, the question is, ‘Should Senate Bill 2869 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 120… 112 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar is Senate Bill 2870. Read the Bill, Mr. Clerk.”
"Senate Bill 2870, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Mendoza.”
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2870 names the Director of the Illinois State Police or his appointee as the chairman of the Public Safety Radio Committee. This legislation is designed to create a forum for law enforcement, fire protection, EMS, and other emergency response agencies to work together in order to improve our radio safety… our safety radio interoperability in this state. Currently, the agencies of 09400114.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 emergency and disaster response communicate on several different radio frequencies. What this Bill tries to do is to bring these agencies together so that they can plan an appropriate way and a better way to communicate with each other on public safety issues. Certainly in a post-9/11 climate, this is a very important Bill for the State of Illinois and I would ask for your support.” Speaker Lyons, J.: "The question is, ‘Should Senate Bill 2870 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? Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there are 112 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from St. Clair, Representative Tom Holbrook. For what reason do you rise?”
“Speaker, I don’t know what’s going on here but I’m having trouble seeing the podium. Someone stuck this large, shiny object between me and the podium and I just really can’t figure out what’s going on here. Can we investigate and find out why?” Speaker Lyons, J.: "We’ll… we’ll be addressing that issue very shortly, Representative. But if you need sunglasses, though, I think somebody in the back row can arrange that for ya.”
“Well, thank you. Thank you. Well, I was wondering if Senator Hendon could come over and maybe move it over a spot or two.” 09400114.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Speaker Lyons, J.: "Mr. Clerk, on the top of page 4 is Senate Bill 2985. Read the Bill, Mr. Clerk.”
"Senate Bill 2985, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Susana Mendoza.”
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2985 simply states that anyone who is required by law to register under the Sex Offender Registry Act must submit a sample of their DNA. Most of the people already do this but there’s been a couple loopholes there, and so this Bill just simply tightens that up. And also says that the State Police must include in its report all evidence awaiting testing or analysis provided that the State Police has received written notice of any evidence prior to June 1. Would ask for an ‘aye’ vote.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Jim Durkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "She indicates she will."
"Representative, can you explain to me the Committee Amendment #1 which speaks regar… to the reporting of the backlog by… from the Illinois State Police?”
"Sure, Representative. It’s the same language that we added on originally to the… the first DNA Bill that we had moved out of here, basically stating that we wanna make sure that if the Illinois State Police has any evidence in writing that there’s other samples out there, that they are counted as part of that backlog. Because it’s important, as 09400114.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 you know, that we have a better understanding and a better grapple of what the actual backlog numbers are.”
"Well, I think… exactly. And I raised this issue last month when we talked about this. It’s just not only the Illinois State Police who are the ones who are conducting the DNA analysis, but there are outsourcing… the State Police is outsourcing DNA work to private labs throughout the United States. The question I have is whether or not those statistics are included in this report?”
"This report would only include the statistics that the Illinois State Police has and anything that they have in hand or any evidence that they’ve received in writing. So, the exact, I think, is in the custody of the State Police or local law enforcement…”
"Well, there… I…”
"That’s what the Bill says.”
"The same issue comes up again.”
"I know it’s not…”
"The… this DNA, which has left the custody of the Illinois State Police and it’s at the Cellmark Lab or the Bode Labs who created all the problems last year. We still don’t have an accurate account of what the backlog is unless we direct the State Police to not only include the DNA samples that are under… within their custody but ones which they’ve contracted out. Would you agree?”
"I do agree. And I think that I would be very much looking forward to working with you on that issue, as we’ve talked about.” 09400114.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Well, why don’t we work on it and send it back and include that in with the… another Amendment, a Floor Amendment. I would appreciate that ‘cause, as you know, I do have a concern about the way we outsourced DNA work. It’s been a problem in the State of Illinois and we tried to address this issue last… this Session. It didn’t go anywhere. We’re gonna negotiate this over the summer but I think I would like to get a feeling of where we’re at overall in the State of Illinois, and the only way we can do that is by including the private labs that have been receiving the contracts to do the… to do this work. Would you consider taking this out of the record, amending this Bill to include the language which will include the private labs?”
"Representative, the only reason I am not willing to do that at this point, because I had approached you about doing that earlier and you told me to go ahead and move my Bill forward, which is why…”
"You told me that you were going to amend it in the Senate.”
"No, no. No, no. That’s a different Bill.”
"Those are your words that you would have it amended in the Senate, you’d come back here, which would include the private labs, and that…”
"That is a different Bill that… and I met with you about that. Representative Durkin, I’m a person of my word.”
"I know you are.” 09400114.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"The… that other Bill in the Senate is an entirely different Bill. So, when I spoke to you about this, my indication from you was that it was fine to go because of other… other issues you had pending with your legislative language of the other Bill.”
"Well, I appreciate your efforts but just as long as we all know that we’re not going… whatever report we get back from the Illinois Sta… Illinois State Police is not going to be representative of what the actual backlog is and it’s costing the state money, it’s costing our law enforcement authorities… it’s causing problems for them about bringing cases to trial. So, I appreciate your consideration and your… your work on this effort.”
"Thank you.” Speaker Lyons, J.: "Representative Mendoza to close.”
"Just ask for an ‘aye’ vote. Thank you.” Speaker Lyons, J.: "The question is, ‘Should Senate Bill 2985 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 Flider. Representative Dugan. Mr. Clerk, take the record. On this Bill, there are 112 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, back to page 3 with everybody’s favorite Bill, Senate Bill 2454. The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. I apologize for yelling at the Chair but I think your papers are covering up 09400114.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 my speak light. Mr. Speaker, may I rise to a point of personal privilege?” Speaker Lyons, J.: "By all means, Representative.”
“Thank you. Ladies and Gentlemen of the House, it’s my distinct privilege and pleasure this afternoon to introduce some constituents of mine, very special people in the gallery up to my right is Rand Campbell and his mother, Marjorie. And let me… let me just point out that Rand Campbell’s father and Marjorie’s late husband, Chuck Campbell, was my Representative from the Danville area for a number of years. In fact, Chuck served in this chamber with distinction from 1962-1980, so he had a long and distinguished career, an outstanding gentleman. His son is very active in community activities but I haven’t been able to convince him to run for political office yet. And his mother, Marge, is simply one of the nicest ladies you would ever meet. She hasn’t been in the chambers in over 20 years. So, would you give a warm Springfield welcome to Rand and Marjorie Campbell.” Speaker Lyons, J.: "Welcome back to Springfield. Glad to have you. The Chair recognizes the Gentleman from McHenry, Representative Jack Franks. For what purpose do you seek recognition?”
“Thank you, Mr. Speaker. A point of personal privilege.” Speaker Lyons, J.: "Please proceed.”
“Today we’re also joined by a group from Alden-Hebron High School in McHenry County up on the Wisconsin border behind us. It’s a senior class of, I believe… is there 19? 09400114.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 All going to college, brought down my Kim Qualls, their teacher. And you probably know Hebron, Illinois, they were the smallest school ever to win the IHSA Championship in basketball. So, I’d like to give ‘em a Springfield welcome.” Speaker Lyons, J.: "Welcome to Springfield, Alden-Hebron. Glad to have you here. Congratulations on your graduation this spring. Mr. Clerk, on page 5 of the Calendar, under the Order of Senate Bills-Second Reading, Representative Sid Mathias has Senate Bill 2295. Take that Bill out of the record. The Chair… the Chair recognizes the Lady from Lake, Representative Karen May. For what reason do you rise, Representative?”
“Yes, point of personal privilege.” Speaker Lyons, J.: "Please proceed.”
“As we are introducing special guests in the gallery, right here over my shoulder the lady who I hope doesn’t… Dorothy. Dorothy Andries, a very special constituent. She is the trend editor of Pioneer Press. And back before I was elected, before even on the city council, Dorothy and I worked together at the Pioneer Press newspaper. So, she’s the one who covers all the charities and events. And her grandson is my Page today who is a constituent of Joe Dunn. So, let’s welcome Dorothy and show her what we do in Springfield.” Speaker Lyons, J.: "Welcome to Springfield. Mr. Clerk, on page 6 of the Calendar, under Senate Bills-Second Reading… Representative Dan Brady, you have Senate Bill 2709. Read the Bill, Mr. Clerk.” 09400114.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Senate Bill 2709, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: "Third Reading. Mr. Clerk, on the Order of Senate Bills-Second Reading on page 6, Representative Terry Parke has Senate Bill 2626. Representative. Representative Parke. Senate Bill 2626. Out of the record. Mr. Clerk, on page 7 of the Calendar on the Order of Senate Bills-Second Reading, Representative Paul Froehlich has Senate Bill 2868. Read the Bill, Mr. Clerk.”
"Senate Bill 2868, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Froehlich, has been approved for consideration.” Speaker Lyons, J.: "The Gentleman from Cook, Representative Paul Froehlich.”
"Thank you, Mr. Speaker. Floor Amendment 1’s a technical Amendment being added at the request of the Illinois Council of Code Administrators to clarify the code that would be used to make it easier for counties and the municipalities to implement. I ask for your favorable consideration.” Speaker Lyons, J.: "No one seeking recognition, Representative Froehlich moves the adoption of Floor Amendment #1 to House… Senate Bill 2868. All those in favor signify by saying ‘aye’; those opposed vote ‘no’. The opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted. Any further Amendments, Mr. Clerk?” 09400114.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"No further Amendments. No Motions filed.” Speaker Lyons, J.: "Third Reading. Mr. Clerk, on page 7 of the Calendar is Senate Bill 2954. Representative Froehlich, Senate Bill 2954. Read the Bill, Mr. Clerk.”
"Senate Bill 2954, a Bill for an Act in relation to criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed.” Speaker Lyons, J.: "Third Reading. Mr. Clerk, on the Order of Concurrences on page 8 of the Calendar, Representative Berrios has House Bill 874. The Chair recognizes the Lady from Cook, Representative Tony Berrios.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment that was added in the Senate was because of a question that was asked on the House Floor: what if the current municipality doesn’t charge anything? So, this Amendment starts it at 25 and I’d just like an ‘aye’ vote to concur with the Amendment.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?"
“Yep.” Speaker Lyons, J.: "She indicates she will."
“Representative, I… I’m just… as a former county board member, I just don’t understand the Senate Amendment. Why is it up to the General Assembly to tell a municipality that they can’t raise a vending license by more than $25 a year? If they wanna raise it a hundred, if they wanna raise it 09400114.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 200, that should be their decision. And then the owner of the vending machine makes a business decision that if you’re gonna be that antibusiness I’m gonna take the machine out of your community and you’re not gonna get any license fees. So I… I don’t understand why the Senate Amendment tells a community how much they can raise a vending license dollar amount. I mean, what… what’s the purpose of that?”
“The purpose was because some municipalities were raising the fee by more than 150 percent. So…”
“Well, sure. And why not?”
“A lot of the vendors were not in favor of it. But with the Amendment, the Illinois Municipal League is in favor of the Bill.”
“But my point gets to the crux of local control. If a city council thinks they can generate revenue, other than the detested property tax, by increasing a license fee on vending machines by $500, why are we supposed to tell them that they can’t do that? That’s their responsibility. They’re elected by the people. And if I am in the vending machine business, I would simply tell that city council, ‘You raise it by that much, I’m taking all my vending machines out of here to a city that’s more business- friendly.’ I thought that’s the way the system was supposed to work.”
“And it can. We’re just setting guidelines so that…”
“No, we’re not setting guidelines. We’re setting a law.”
“…some of these aren’t outrageous.” 09400114.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“We’re setting a law that says you can’t raise that license fee by anymore than $25 a year. This… does this apply to the City of Chicago?”
“Don’t think so. I don’t think so. No.”
“Mr. Speaker, I have an inquiry of the Chair.”
“Okay. No.” Speaker Lyons, J.: "State your inquiry, Representative.”
“This… this Bill clearly preempts Home Rule. We are telling any city in the State of Illinois, whether they are Home Rule or not, which would include the City of Chicago, which would include my hometown of Danville that are Home Rule cities, we are clearly telling them what they can charge on a license fee per year. I… I think that is a… far exceeds our authority and I think it would require 71 votes to pass and I would ask the Chair to so rule.” Speaker Lyons, J.: "Representative, we’ll certainly get the parliamentarian to address that issue before we call it… the Motion. So we’re waiting… the parliamentarian will be here in a moment. Representative Stephens, you have a question on the… on the issue at hand?”
“No.” Speaker Lyons, J.: "We’ll get right back to you. Representative Molaro, is your inquiry on this issue?”
“Well, I know while we’re waiting for this inquiry… I don’t know what happened. I think the Senate may have completely adjourned for the day and I think… I don’t even know if they went in. And it might have to be… have to do with that shiny object. I don’t even know if they’re gonna 09400114.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 be… wanna be near the floor all day. Just thought I’d let ya know that, Mr. Chairman.” Speaker Lyons, J.: "Thank you, Representative Molaro. You… you’re in charge of sunglasses for the back row if it gets too shiny back there. Representative Black, the parliamentarian has an answer regarding your inquiry on the number of votes needed.”
“Representative Black, on behalf of the Speaker and in response to your inquiry, House Bill 874… the concurrence to House Bill 874 does indeed preempt Home Rule and it preempts Home Rule under Subsection (g), Section VI, of the Constitution, which requires 71 votes.” Speaker Lyons, J.: "Representative Black.”
“Mr. Speaker, thank you for the indulgence. And I certainly have no bone to pick with the Sponsor of the Bill. And I don’t… I don’t know why I voted for this Bill originally. To me, this is a clear-cut issue of local control. If a city wants to raise a vending license to a hundred dollars, sobeit. That’s their choice. If I owned a vending company, I would then tell that city that I can’t do business in that city because of their outrageous fees and I would pull my machines out and I would find a city with a more favorable business climate. In other words, it is the give and take that local governments have. Yes, you can raise the fee by any amount you want, but you may end up getting no money because you will price yourself, i.e., or tax yourself out of the market. I think this is an issue… however you want to spin it, this is a clear-cut issue of local control and I think the local governments should be 09400114.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 free to make this decision. They can charge $25, they can charge $50. If they’re… if they have blinders on and wanna charge $500, well, that’s up to them. But I can tell you that if they charge an out… an exorbitant fee then the vending company will simply leave that community and will not do business there, and then sooner or later that city council will come to its senses and, I think, change the way they do business. But that’s the local government’s responsibility. I don’t think it’s our responsibility to tell a local government what they can charge to generate revenue.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Saviano. Is it relevant to this issue, Representative?”
“Thank you, Mr. Speaker, Members of the House. I rise in support of this Bill. It preempts Home Rule but if you look at your analysis, the Illinois Municipal League and all our local municipal conferences have no opposition to this. It provides uniformity for businesses that provide jobs in our communities. And… and the previous speaker said, well, maybe the vending company will just move out of the city. Well, that doesn’t really do anything for the consumer who may need or depend on those vending machines, whether it’s in the schools or whether it’s in public buildings. This provides uniformity and this Amendment simply allows municipalities who don’t currently impose a… a fee for this to in the future maybe will, but be subject to the cap on what they could charge to the companies. If they do increase these… if we don’t get a handle on these things and 09400114.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 they increase these fees, that will be passed on to the consumer. So, I think this is a pro-consumer Bill. And if the municipalities agree to it, as you see in your analysis, this Amendment applies to that. It satisfied them and I see no reason why this shouldn’t pass out of here with an overwhelming majority like it did last time when we sent it over to the Senate. So I would ask for your support. It’s a good Bill. It provides uniformity across the state and it should be passed. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Bob Molaro.”
“Yes, let me point out the procedure here so we’re clear on what we’re gonna do with this Bill. Well, let… let me explain. This is a Motion… it’s a Motion to Concur to a Senate Amendment. So let me make an inquiry of the Chair. Mr. Speaker. Mr. Speaker, I’m talking over here.” Speaker Lyons, J.: "Proceed, Representative.”
“All right. Thank you.” Speaker Lyons, J.: "We’re listening to every word you’re saying, Representative.”
“I have… I have an inquiry of the Chair. On a Motion…” Speaker Lyons, J.: "State your inquiry.”
“Okay. We have a Motion to Concur. If it’s defeated, okay, then we can file a Motion to Nonconur, right? Which, of course, would be granted.” Speaker Lyons, J.: "Correct.”
“Then what happens is it goes back to the Senate and they have to decide whether they’re gonna insist on their… on their Amendment. So let me point out to the people over 09400114.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 there. This Bill has already passed. It got 74 votes. This Senate Amendment makes it better for the Municipal League, makes it a better Bill on the avenue that the previous speaker was talking about. Wasn’t real clear. If we kill this Bill, all we’re doing is killing the Amendment. It’ll go back to the Senate, they’ll recede, and we’ll have a much worse Bill on the Governor’s desk. Now, I understand what the previous speaker talked about, the right Reverend Dr. Black. So if he wants to stand up, I’ll say his name. But what we’re doing here is if we wind up killing this Bill now, it will just go back and it will be the Bill that we passed. They were just trying to make it clearer in the Senate for the Municipal League. They’ll recede from their Amendment and what’ll happen is the original Bill, which isn’t as good as this one, talking about what we talked about earlier, will then go to the Governor’s desk. All I’m saying is, I guess, that the objections that we… were made earlier by the previous speaker are a tad late because we got the 74 votes. So I just wanna look at the process and not just get a victory so we get out of here with 62 votes and we kill this Motion, ‘cause then we’re gonna have a worse Bill goin’ to the Governor. So, for that reason… first of all, I think it’s a good Amendment. But even if you don’t, for that reason we should vote ‘yes’ ‘cause at least we get a better Bill. A ‘no’ vote gets us a worse Bill. Thank you.” Speaker Lyons, J.: "Representative Berrios to close.”
“Thank you. As mentioned before, it is a pro-consumer Bill and the Illinois Municipal League now does agree with 09400114.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 the Bill because we did add this Amendment. So, I’d ask for a favorable vote. Thank you.” Speaker Lyons, J.: "The question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 874?’ This is final action. 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? Mr. Clerk, take the record. On this question, there are 73 Members voting ‘yes’… 73 Members voting ‘yes’, 38 Members voting ‘no’. The House does concur in Senate Amendment #1 to House Bill 834 (sic-874). This Bill, having received the Constitutional Majority, is hereby declared passed. In this case, this Bill, having received the Three-fifths Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”
“Thank you very much, Mr. Speaker. A point of personal privilege, if you’ll allow me.” Speaker Lyons, J.: "Please proceed, Representative.”
“It’s… I wanna make one thing very clear. And a friend of mine and a right, honorable man indicated that this would be perhaps a victory for me or a defeat for me. Ya know, I… I don’t keep a chart. I’ve never kept a chart since the day I walked in here. I try to say what I believe in, and if I win… that’s… that’s not a win for me. But, you know, I came up through local government and I believe that the best government is that that is closest to the people. I had an opportunity to express my views. Some people question… I don’t like to be questioned or have my integrity questioned 09400114.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 about whether it’s a victory for me or a victory for somebody else. I don’t keep any chart and I could care less about a chart. But I have every right to stand on this floor and say what I believe to be my best understanding of the Bill. And I make no apologies for having come up through local government. And I think local government is the closest to the people and they have every right and every responsibility and every obligation to do what they think is best for the people they represent. And if they make a bad decision, whether it be a fee or a tax increase or anything else, they’ll pay the penalty at the next election, as will any of us. But I… I want the record to clearly reflect, I don’t keep any score card. Never have, never will. And I absolutely resent that implication.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Bob Molaro.”
“Well, maybe I got carried away with the ballgame last night. It was… it was sort of a… obviously he doesn’t. we all know that. So, if there was any offense taken, of course, we take that back. And I don’t ev… I don’t even know if said that. But if I did, Bill, I apologize. Thanks.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Art Turner.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I know earlier today while we were taking care of a little business in the back, people were distracted at the lighting… or the object that was reflecting on the light here in the chamber. And I’m happy to speak on behalf of 09400114.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 the… myself and co-captain Osterman to give you a little update as to what happened last night here in the capital city. I, first of all, want to thank the team because we certainly played as a team and in that bipartisan spirit we brought the trophy back to its rightful chamber. Some of you heard the final score last night was 29-7. There were… there were a couple real standouts in yesterday’s game. The MVPs for the game was Representative Randy Hultgren and Representative Calvin Giles. Now, in saying that, I’m sad to say that we’re gonna be losing both of those guys next year so we’ll have to see what we can do, but I think we… we look like we’re gonna be in pretty good shape. Of course, Randy’s goin’ over to the Senate. We’ve already had a sidebar with him and explained to him what it means to be a freshman Senator when he just left playin’ the House. So we… we don’t expect the same game out of Randy Hultgren next year. Then we have the old team. We had Johnny D… Johnny D’Amico, we had Willy Delgado, and Bobby Molaro. And I can’t say enough about those guys other than we all know Molaro spent a little time in the Senate. He got together with Rich Bradley, who has been our man on the mound for God knows how many years, and he laid the whole strategy out. Molaro having been over there played with those guys, he knew what it took. And so, they agreed. Bradley decided to do the infield and we put Molaro on the mound. And I can’t tell you enough about old silver-haired himself. He threw the ball right where it was supposed to be. We also had… he was three for three as well. We also had the Bradley… I spoke of Rich Bradley, but we also had John Bradley. 09400114.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Downstaters did their part. John Bradley, of course, he’s had Harry… not Harry, but he’s had Bobby blowin’ in his ear all year tellin’ him about the difference between that little ball and the big ball and Bradley came through. He played an excellent game. McCarthy wasn’t there yesterday. He decided… he and Hoffman had some other business. And these are the guys that’ve been stalwarts. You know… Joe, you know what I mean, a few of us old-timers there that are still around. But McCarthy wasn’t there, but we had a few guys that made up for it. We had… our rookie of the year this year was Representative Ramey. He was our star in the outfield. You tell Pate he did the right thing, Ramey. We appreciate him. He made a big difference for us here in the House. And of course, we had Bobby Rita, our little guy at short center. He and… he and Representative Sullivan, ol’ sure-hand Sullivan, he did an excellent job in the short center and second field. And then we also had Will Davis, who… an up-and-coming star. Giles, I think you will be missed but Will’s gonna take your place. We’re gonna be all right there. And then there were those that we had pulling up the side. We had four-fingers Winters at first base. He did an excellent job. He was… he was coached by the ex- first baseman Dan Reitz, and Dan still was around. He put in an inning or two. But, Winters played an excellent role there at first base. And then the Ladies, I should say, they… they held their own. Representative Annazette Collins and, of course, the star Representative Susie Mendoza who was three for three. Front page in today’s paper. We are an equal gender team and when you’re ahead… when you’re 09400114.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 ahead 17 runs it’s very easy to be very equal. And we also had Representative… my seatmate, Representative Ken Dunkin, who actually came to bat at… towards the very end. He got there a little late. We’re working him and his time schedules, but he showed up to do his part. And for those who didn’t know, ya found out yesterday he can, in fact, hit a softball. I knew he could do it. He played a lot of it around his home and so we’re proud of Ken Dunkin and his play last night. I think I hit everybody except myself, and that was good. I showed up. Harry. What do I wanna say about Harry? Harry Osterman, the co-captain of the team, the guy who… who invented softball. Harry ‘I don’t need a gun because I have a bat’ Osterman. He played a helluva game, as always. And of course, it’s an honor sharing the captain’s privilege with him. And I will be remiss if I don’t honor the Speaker, Joe Lyons. Joe’s still very much a part of this team. He was the guy yesterday that also helped keep the score and he just couldn’t do enough of going around that batting order two or three times, but Joe has been… And I forget about our… our back catcher. And you read about the Pete Rose dive. And he looks like he’s in pretty good shape today but our back catcher, Chuck Jefferson from the great city of Rockford, did an excellent job. He was… he held his own back there at the plate. I believe we got everybody covered. I… and the only reason I’m a little apprehensive is some of you know I showed about two innings late. Played the old-timer’s trick and let ‘em got up 17 runs. But, we appreciate everybody. We appreciate all those who came out to the game. We will 09400114.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 certainly want to thank our sponsors, RCGA, the group… the Regional Commerce and Growth Association, who has been our sponsors in years past and we appreciate their support again. And of course, it is in honor in the memory of Pete Miller who’s the guy that helped… first started these annual games. And so, we have the trophy here. It’s in its rightful place. And if I were to make a prediction, I think it’s gonna be around for a long time. And at some point, we’re going to march this over to the Senate to give ‘em one last look at this. But, it’s ours, gang. We’ll be ready and we’ll see ‘em again next year.” Speaker Lyons, J.: "The Chair recognize the co captain of the victorious House team, Representative Harry Osterman. Harry ‘homerun’ Osterman.”
“Thank you, Mr. Speaker. Representative Molaro mentioned earlier, the Senate is out and all of us know that they’re taking their naps. They’ll be back later and we’ll bring the trophy over. But, I wanna thank everyone in the House that came out to the game. Last night there were a lot of House Members that were there. It brought everyone together in a bipartisan way. The next couple of weeks may be a little tense, but last night was indicative of all of us working together. Over the last 7 years, the House has won six games and they’ve done so as a team. Everyone has contributed as a team. Last night when we put up three touchdowns or four touchdowns on the Senate, we did it as a team. And truly indicative of that teamwork are the two MVPs, Randy Hultgren and Calvin Giles. Both have exemplified that teamwork over the last 6 and 7 years as 09400114.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Members, but also in the softball game. So, I’d like everyone to give them both a big hand.” Speaker Lyons, J.: "The Chair recognizes Representative Calvin Giles.”
“Thank you, Mr. Speaker. I really appreciate that coming from who I feel that’s truly the MVP of the game last night. And let me just say that I truly am a man that believe that things should be done in the right place and should be done in the order. Even though I appreciate the good gesture of having the MVP award and shared by Repre… shared by Randy, but I truly believe that 2 years ago, Representative Osterman, when you wasn’t here, it was… I should’ve been co- MVP with Representative Hoffman, who’s not here right now. And so, on… on that note, with an individual that hit, say, in-the-park homerun and, of course, managed all of us, you are truly the MVP. So, I am going to march this MVP award over to its rightful place. Thank you.” Speaker Lyons, J.: "Representative Randy Hultgren.”
“Real quick, I also would echo what Representative Giles said. It was a fun game last night. It’s great where we can have that where we can be working together. Thanks to our co-captains, Leader Turner and Representative Osterman. They just do a great job. And I’m just thankful that I had one last chance to actually win of those games. Now that I’m heading over to the Senate, hopefully… I think those winning days are over unfortunately. But had a great day last night and thank you all for coming out and it was a lot of fun. Thank you.” 09400114.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Speaker Lyons, J.: "Congratulations, House of Representatives for a nice job last night. Mr. Clerk, on page 8 of the Calendar under Concurrences, Representative Connie Howard has House Bill 1299. Representative Connie Howard.”
“Thank you very much, Mr. Speaker. I am going to concur in Amendment #4, which becom… that’s Senate Amendment #4, which becomes the Bill and creates the Predator Accountability Act. This Act provides civil liability for persons or entities that recruit, profit from, or maintain persons in the sex trade. This Amendment clarifies the definition of ‘sex trade’ as based on preexisting elements of the Criminal Code in an attempt to outline elements necessary for a prima facie case. It specifically defines the persons who are considered victims of the sex trade, and it also protects victims of the sex trade by delaying the running of the limitations period for civil recovery so that it does not commence until after the statute of limitations for any criminal prosecutions against the plaintiff have expired. That is Senate Amendment #4. Senate Amendment #5 clarifies that civil liability for harming the victim of a sex trade act applies to intentionally abusing, defined by the Domestic Violence Act, and includes but it not limited to: physical abuse, harassment, intimidation of a defendant, or intentionally causing bodily harm, as defined by the Criminal Code, including by not limited to: sexually transmitted disease, pregnancy, and impotence. This Amendment also states that a person or entity providing goods or services to the general public is not liable under the Act unless they market or provide their services 09400114.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 primarily to receive extra compensation from or exercise control over a person or entity that is liable under this Act to a victim of the sex trade. I am ready for questions.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Bob Molaro. She indicates…”
“Will the Sponsor yield?" Speaker Lyons, J.: "She indicates she will."
“Thank you. Representative Howard, this Bill is intended… or at least Amendment 5, I forget which one… is intended to stop the abuse of prostitutes by their pimps, so to speak, right?”
“That is correct.”
“Okay. Now… and I don’t think you’re intending… and this is not intended to limit artistic entertainment or the broadcasting industry from legitimate activities.”
“That is correct as well.”
“All right. Thank you.” Speaker Lyons, J.: "No one seeking further recognition, the question is, ‘Shall the House concur in Senate Amendments #4 and #5 to House Bill 1299?’ This is final action. 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 question, there are 112 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And the House does concur in Senate Amendments #4 and #5 to House Bill 1299. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the 09400114.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 bottom of page 8 of the Calendar under concurrences, Representative Flider has House Bill 4147. The Gentleman from Macon, Representative Bob Flider.”
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4147 is a Bill that was passed out of here earlier this year and it creates the Central Illinois Economic Development Authority. And as we were passing this Bill, there was a similar Bill in the Senate, sponsored by Senator Demuzio, which also created a Central Illinois Economic Development Authority and it included different counties than the one we included, some the same, some different. So what we’ve agreed to do is… she had consolidated all of our counties together and removed one county which had a… a desire to join another Economic Development Authority and we placed them in… everything in this Bill, House Bill 4147. So, we now have included, in the one that passed out of the House, the counties of Macoupin, Calhoun, Greene, and Jersey. So, I’d ask for your support of the Motion and I’d be happy to address any questions you might have.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Jim Durkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "He indicates he will."
"Representative Flider, does the authority have bonding authority?”
"I’m sorry, I didn’t hear you question.”
"Does the authority have bonding author… does the…”
"Yes, it does.” 09400114.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Do they have the ability to issue bonds?”
"Yes, it does.”
"And how will those bonds be repaid? Do they… are they allowed to issue a tax or how will those be paid?”
"Well, what would happen is that according to the provisions of this authority, which is very similar to authorities which have passed here recently, one of which I was a cosponsor of last year. The authority would get together… the counties and the authority would get together and they would agree upon a certain level of bonding and there would be financial institutions or others who would be involved in providing the funding. So, the bonds would be paid back in accordance with the authority’s wishes or rules.”
"All right. So I just want to make it perfectly clear that if bonds are issued that they will not have any ability to authorize a tax, that they would be paid off through revenues that are generated from projects within the authority, correct? Or the… they call it industrial revenue bonds, I believe that’s the way that they’re deemed, correct?”
"That’s absolutely correct.”
"All right. Well, thank you very much.”
"Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Bureau, Representative Frank Mautino.”
“Thank you. Representative, is there… and I haven’t had a chance to look at the language of the Bill. This is dealing specifically with your region? Are there any… are 09400114.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 there any other authorities in here? Upper Illinois River Development, Southwest, any of those other authorities involved in the Bill?”
"No. This would be a brand new authority and the counties within this authority are not included in any other authority that I’m aware of.”
“Okay. So, there’s no impact on any of the existing authorities?”
"No, there’s not.”
“Okay. Thank you.” Speaker Lyons, J.: "The question is, ‘Shall Senate Amendment #1 to House Bill 4147 be adopted?’ All those in favor… This is final action. 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? Mr. Clerk, take the record. On this question, there are 111 Members voting ‘yes’ and 0 voting ‘no’. And the House does concur in Senate Amendment #1 to House Bill 4147. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk.”
"House Resolution 1142, offered by Representatives Saviano, McAuliffe, Brosnahan, Joyce, and McCarthy. WHEREAS, Sergeant Brian Duffy, a native son of Illinois and resident of Evergreen Park, enlisted in the United States Army in 2003; and WHEREAS, Sergeant Duffy attended basic training at Fort Leonard Wood, Missouri, and upon completion, was accepted into the Army's Chemical Warfare School; and 09400114.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 WHEREAS, Sergeant Duffy volunteered for the Army's elite 82nd Airborne Division; the 82nd can trace its inception to WWI and also distinguished itself in combat during WWII, participating in such crucial battles as the Normandy invasion, and the largest air drop of WWII Operation Market Garden; due to their intrepidity in battle, the German Army called them the "Devils in Baggy Pants"; and WHEREAS, The 82nd Airborne Division is the U.S. Army's only Airborne Division, can and has been deployed to trouble spots around the globe, most currently conducting combat operations in Afghanistan and Iraq; and WHEREAS, Sergeant Duffy and the 1st Brigade of the 504th Parachute Infantry Regiment deployed to Afghanistan in support of Operation Enduring Freedom, serving for over 10 months at Forward Operating Base Salerno on the southeastern border between Afghanistan and Pakistan; and WHEREAS, Sergeant Duffy and his cohorts participated in "Operation Neptune", guarding polling places and ensuring secure elections throughout Afghanistan; they were also called upon to serve as the personal security guards for the visiting American Ambassador to Afghanistan; other duties included providing security for the many military convoys moving through the treacherous mountain passes of the Hindu Kush, often coming under enemy fire; the 82nd also operated a regional interrogation center for captured suspected Taliban and Al Qaeda prisoners; the facility was formally commended by the Commanding General in Afghanistan as the best run facility in Southwest Asia; and 09400114.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 WHEREAS, Sergeant Duffy has been awarded the Army Commendation Medal and the Combat Action Badge along with other commendations and Campaign Medals; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we welcome Sergeant Duffy home to the State of Illinois, and we thank him for his honorable military service in Afghanistan; and be it further RESOLVED, That a suitable copy of this resolution be presented to Sergeant Duffy as an expression of our gratitude.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Skip Saviano.”
“Thank you, Mr. Speaker, Members of the House. Yesterday we had a solemn day where we… we remembered our fallen soldiers over the last year. It was a solemn occasion, something that we don’t look forward to every year. But today, on the flipside, in addition to Captain John Sacia who is here with us today after three tours in Iraq, we have with us Sergeant Brian Duffy who just finished a tour in Afghanistan and his good buddy, Specialist Tom Gossit. I’ve had so… had an opportunity to speak to these two men, especially Brian, around Christmas time and then again last night. They got back Saturday night from Afghanistan and have been spending some time with their families. It’s a… it’s a joyous occasion for them to be home. It wasn’t an easy tour. At night, trying to get some sleep, being mortared from places unknown, doing tours up in those mountains. Probably something that we just could not relate to sitting on this floor everyday or being home with 09400114.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 our families. But they did it and they did it well and thank God they’re home with us, safe today. And I… I commend them for their duty and it’s an honor for me to present ‘em today to the Illinois General Assembly. Thank you.” Speaker Lyons, J.: "On the Resolution, the Chair recognizes the Gentleman from Clinton, Representative Kurt Granberg.”
“Thank you, Mr. Speaker. I just wanna make a brief comment because this gentleman represents a long line of dedicated personnel to their country and to this state. Not only his father, Brian, but for the old-timers around here, his great… his grandfather, Tom, who is a… a real gentleman around Springfield and the Capitol. So he’s continuing this line of dedicated service and we’re very, very proud of him and his heritage.” Speaker Lyons, J.: "Representative McAuliffe.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. It’s my honor to serve as Chairman of Veteran Affairs. And along with all our colleagues, we try and do the best we can to push legislation to support people like Brian Duffy and his other comrades, too. I remember… we all know how patriotic his father is and I remember when Brian said his son was joining in the Army. And there was a little apprehension as sending off your only son to the Armed Forces, but Brian knew it was the right thing to do and he knows that his grandfather would be proud of him. But still, just to let you know that, it’s still a hard thing to see your only son or daughter go off and fight in these wars in Afghanistan and Iraq. So, my hat’s off to 09400114.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 you, Brian Duffy, to your dad and also to you and for your comrade, Tom, too, for doing… doing our country a service and taking care of the people in Illinois. And we’ll take… keep taking care of the veterans as best we can when they come back here to Illinois, if we have any say in it. My committee does a great job taking care of the veterans throughout the whole State of Illinois and welcome back.” Speaker Lyons, J.: "Congratulations, Brian Duffy. Welcome home. God bless you. Thank you for what you do for our country. Mr. Clerk, on page 8 of the Calendar under concurrences, Representative Collins has House Bill 2067. Prior to that, Representative Meyer, do you seek recognition?”
“Thank you, Mr. Speaker. My switch… voting switch did not function correctly on House Bill 4147. I just would like the record to reflect that I would… I intended to vote ‘yes’.” Speaker Lyons, J.: "The record will so reflect. Thank you, Representative. Representative Moffitt.”
“Thank you, Mr. Speaker. Just a parliamentary inquiry of just a technicality. Did you… did you announce that there was a vote? I mean, I realize this is just a formality but… on that Resolution?” Speaker Lyons, J.: "I was advised that the… the Resolution had already been adopted.”
“Okay. Already adopted. Thank you for you that clarification.” Speaker Lyons, J.: "It was already done. All right. Thank you though, Don, for bringing that up. The Chair recognizes the 09400114.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Lady from Cook on House Bill 2067, Representative Annazette Collins.”
“Thank you, Mr. Speaker. I would just like the House to concur with Amendments 1 and 2 of Sen… House Bill 2067. I ask for an ‘aye’ vote.” Speaker Lyons, J.: "The Lady moves the adoption of Senate Amendment #s 1 and 2 to House Bill 2067. This is final action. 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 question, there are 62 Members voting ‘yes’, 48 Members voting ‘no’, 1 Member voting ‘present’. The House does concur with Senate Amendments #1 and 2 to House Bill 2067. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan.”
“Mr. Speaker, I rise to ask a question. I put my light on on that. That was a very controversial Bill which I supported the first time around. She did not explain what those Amendments were or what they did. And I had my light on and you went right on and you call for the concurrence. I don’t think that’s fair either the Lady for her Bill or for those of us that had supported her the first time around to find out what was in the Senate Amendments before we were forced to vote on that Bill in such a quick fashion. And I totally object to that.” Speaker Lyons, J.: "Representative Mulligan, I… with all due respect, I did pause after the explanation was given by 09400114.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Representative Yarbrough. I did not see your light when I went into closing. For that, I apologize, but your light was not on when I went into closing. Representative Mulligan.”
“I think Mr. Mapes saw my light on because he started to turn around and point it to you and then I turned it off and voted because I had to go ahead and vote. But quite frankly, that was not the type of Bill that you take a vote on without discussing how it was amended. I supported it the first time and I spoke to it for the first ti… to the fir… at the first time around, which at great expense to many of the Members who voted for that Bill because it was very controversial, and we tried to do the right thing. But I think it was… should’ve been a discussion and I don’t think that that’s the way you pass a Bill around here, I’m sorry.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”
“Thank you, Mr. Speaker. I rise on a point of personal privilege.” Speaker Lyons, J.: "State your point, Representative.”
“Yesterday, we discussed adjournment for the weekend because Members are trying to figure out whether or not they need to stay in their rooms for the weekend, and we were told that today we would have an answer as to what Members should be doing for this upcoming weekend. Can… are you prepared to address that issue or shall we wait a little longer today? And can we expect the answer today?” 09400114.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Speaker Lyons, J.: "Representative, the… we are aware of that question and at this moment we’re not prepared to address the issue one way or the other, but we will be getting back to you shortly. At this moment…”
“Can we expect it today or…?” Speaker Lyons, J.: "Well, I… I can’t guarantee that you will get an answer today. Hopefully, though… as soon as possible we will let you know.”
“Thank you, Mr. Speaker.” Speaker Lyons, J.: "We certainly don’t mean to keep anybody in the dark on this, Representative, so we will get back to you as soon as possible.”
“All right. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Lady from DuPage, Representative Bellock.”
“Thank you very much, Mr. Speaker. I would like to be recorded as a ‘yes’ on that Bill.” Speaker Lyons, J.: "Which Bill, Representative? On House Bill 2067?”
“The one we just had.” Speaker Lyons, J.: "The concurrence?”
“The Collins Bill.” Speaker Lyons, J.: "Okay.”
“Thank you.” Speaker Lyons, J.: "The record will so reflect.”
Speaker Turner: “Representative Turner in the Chair. The Gentleman from Bond, Representative Stephens, for what reason do you rise? The Gentleman from Bond, Representative Stephens, for what reason do you rise?” 09400114.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Well, thank you, Mr. Speaker. I don’t think we need to worry about the schedule, quite frankly. I believe Armageddon is upon us. The Cubs are in first place, Representative Osterman voted for an obvious NRA Amendment, and the final proof is that Governor Blagojevich was spotted in Springfield.”
“That means you have an apartment here in town? On the Order of Concurrences, page 9 of the Calendar, we have Representative Mulligan on House Bill 4195.”
“I think I filed a Motion for each, but I’m gonna nonconcur. And the reason I’m nonconcurring is because the original Bill set an oversight task force of 12 Members, 3 from each Body, that each Leader would get to choose and it would be an oversight for the ALL KIDS Program. The Senate Sponsor chose to change the Bill because the department actually wanted him to take the Bill and hold it, but he wouldn’t go along with that. So he changed it and put the oversight committee under the department with the director choosing only four Legislators. I don’t feel that’s the appropriate way to have an oversight over a program that’s going to impact the future of children’s health care in Illinois, so I’m going to nonconcur in this Amendment and hope that he recedes.”
“Seeing no questions, the question is, ‘Shall the House receded from House Amendments 1 to Senate Bill… to House Bill 4195?’ All those in favor should vote ‘aye’; all those… all those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the House does recede… refuse to recede from 09400114.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Amendment #1. Okay, let me start over. So all those in favor should say ‘aye’; all those opposed say ‘no’. And the opinion of the Chair is the ‘ayes’ have it. And the House does nonconcur in Senate Amendment 1 to House Bill 4195. On the Order of Concurrences, we have Representative Watson on House Bill 4222.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with the first two Amendments of House Bill 4222. These Amendments, basically on the first two, make it subject to appropriate.”
“Seeing no question, the question is, ‘Shall the House concur in Senate Amendments 1 and 2 to House Bill 4222?’ This is final action. All those in favor should signify by voting ‘aye’; those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Joe Lyons. Flowers. Beaubien. The Clerk shall take the record. On this question, there are 110 voting ‘aye’, 1 voting ‘no’, 1 ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. And the House does concur in Senate Amendments 1 and 2 to House Bill 4222. And this Bill, having received the Constitutional Majority… no. Fine. The Gentleman from Morgan, Representative Watson.”
“Thank you, Mr. Speaker. I also move to concur on Senate Ame… Senate Amendment #3, which simply keeps current law as is. We’d originally went to reporting twice a year. The Senate moved it back to once a year and I move to 09400114.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 concur. Again, this Bill passed the Senate 58-0 as it is and it does not change current law.”
Speaker Turner: “The Gentleman from DuPage, Representative Ramey, for what reason do you rise?”
"Will the Sponsor yield to a question?”
“He indicates he will."
"I am a cosponsor on this Bill. I think it’s a great Bill. Can you tell me why the Senate moved it from twice reporting to once?”
“It is my understanding that that at the request of someone in admi… in the administration.”
"Whose administration?”
“The current administration, the Governor.”
"The Governor’s administration. Did they say why it’s not a good idea to have these sexual offenders report twice a year?”
“I believe it was… it had to do with finances.”
"Finances? Who… whose finances would that be?”
“The cost to the state.”
"I see.”
“I will say this though, Representative, the ov… the overreaching goal of this Bill was to GPS to actively monitor sex offenders, the worst of the worst. And this was put in there as well. But… but we still have, if we can fully fund this thing, the essence of what we wanna do.”
"Correct. And I greatly agree with you and this is a great Bill I voted… advise for an ‘aye’ vote. Thank you.”
“Thank you.” 09400114.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
Speaker Turner: “The Gentleman from Cook, Representative Fritchey, for what reason do you rise?”
“Thank you, Speaker. Will the Sponsor yield?"
“Indicates he will.”
“Representative, I want you to clarify for people because this is one of those votes that people start to play politics with and see it as a lessening of the restrictions on sexual offenders. What this Amendment does is maintain the law that we have today on the books.”
“Absolutely correct, Representative.”
“There is nothing in this Amendment that is a lessening of the present laws as it reports… as it pertains to sexual offender reporting. Is that correct?”
“Absolutely correct.”
“I hope that everybody paid attention because this is not a lessening of crimes. This is a refusal to stiffen it, but the Amendment simply brings us back to what the law is today and what the law has been for several years now.”
“Yes.”
“Thank you for your candid answers.”
“Thank you, Representative.”
“Seeing no further questions, the question is, ‘Shall the House concur in Senate Amendment 3 to House Bill 4222?’ This is final action. All those in favor should signify by voting ‘aye’; all those opposed signify by voting ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Yarbrough. The Clerk shall take the record. On this question, there are 78 voting ‘aye’, 34 voting ‘no’. And 09400114.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 this Bill, having received the Constitutional Majority, is hereby declared passed. And the House does concur in Senate Amendment 3 to House Bill 4222. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, page 9, we have House Bill 4161. Representative Lyons.” Lyons, J.: “Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I wish to nonconcur with Senate Amendment #1 to House Bill 4161. The underlying issue dealt with some property in my district, the Dunning property of the former state mental institution. I put a program package together here that was supposed to allow the city to purchase part of this property for some type of future development along with the Chicago Park District, and that part of the Bill was taken off in the Senate. So, I… I wish to nonconcur with Senate Amendment #1.”
“Seeing no questions, the question is, ‘Shall the House nonconcur in Senate Amendment 1 to House Bill 4161?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is ‘ayes’ have it. And the House does nonconcur to Senate Amendment 1 to House Bill 4161. On page 9 of the Calendar, we have Representative Verschoore on House Bill 4298. Representative Verschoore. Out of the record. On the Order of Concurrences, we have Representative Rose on House Bill 4300. Read the Bill, Mr. Clerk. I’m sorry, Representative Rose.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Amendment #1 provides an additional exemption from the 09400114.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 dextromethorphan language for… essentially, warehouse distributors DXM. They were inadvertently excluded from our list of exemptions before. This is supported by everyone as far as I’m concerned to… and it’s rather… I should say this is supported by everyone that I know of. IRMA’s is onboard, Walgreens, and the Wholesale Distributors Association. So, I don’t think there should be any problem con… concurring with this Amendment.”
“Seeing no questions, the question is, ‘Shall the House in Senate Amendment 1 to House Bill 4300?’ This is final action. All those in favor should signify by voting ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Dunn. The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 4300. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 10 of the Calendar, Representative Osmond, we have House Bill 40… Out of the record. Representative Acevedo. House Bill 4719. On the Order of Concurrences.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I wish to concur with Senate Amendment #1 to House Bill 4719.”
“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 1 to House Bill 4719?’ This is final action. All those in favor should signify by voting ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who 09400114.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 wish? Have all voted who wish? Yvetter. Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment #1 to House Bill 4719. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Durkin on House Bill 5260. The Gentleman from Cook, Representative Durkin.”
"Thank you, Mr. Speaker. Senate Amendment #1 to House Bill 5260 is a… again, a modest Amendment to the original Bill, which was a modest Amendment to the Illinois Prompt Payment Act. The original Bill clarified the… the situation where there was a defective bill which is… which where an agency rules that a construction bill, which is defective, how that contractor receives notice. We amended the original Bill to allow for… that there must be 30-day notice requirement back to the contractor if the bill is found defective. But also in that legislation we stated that if a bill was not paid within 30 days, that that contractor could stop work. We’ve removed the work stoppage section and we’ve also incorporated a few other provisions in this Amendment. We’ve al… we’ve stated that if a portion of a construction bill or invoice is denied, then the portion which is not disapproved will be paid by the state agency. And also, we’ve… we’ve wrapped in… we’ve wrapped in all these provisions into the local Prompt Payment Act. This is not opposed by the Illinois Municipal League and this is one of the few Bills where you see agreement between the Illinois AFL-CIO and also the Illinois Construction Industry 09400114.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Committee. So, there are no opponents, but I’m ready to respond to any questions, Mr. Speaker.”
“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 5260?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. This is final action and the voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received… no. And the House does concur in Senate Amendment 1 to House Bill 5260. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Dunkin, for what reason do you rise?”
"Thank you, Mr. Speaker and Members of the House. Point of personal privilege.”
“State your point."
"Members of the House, I’d like to have us welcome the youth from the Kenwood-Oakland Community Organization from… and from Reavis School that are visiting our great House of Representatives today. To my left right here. Can we all give ‘em a round of applause?”
“Welcome to Springfield.”
"Wave. Hello. And to my left… and to my right right here. So, welcome to your State Capitol.”
Speaker Turner: “Welcome Kenwood-Oakland. Representative Moffitt on House Bill 5348.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5348, I move to concur with both Senate 09400114.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Amendments. When this left here… this is a Bill dealing with burn reporting and the need for it is because of all the problem with meth and even arson, that there’d be essential reporting. When it left here I indicated we were still working towards an agreement. I’m pleased to say that with these two Amendments it is now an agreed Bill. The Hospital Association and Med Society are both neutral. Senate Amendment 1 becomes the Bill and makes a few changes. Creates an awareness campaign for doctors and hospital staffs about the new Act and its purpose to develop… be developed by hospitals, doctors, and law enforcement. Secondly, it does make the Bill permissive, but I think it’s important to keep in mind that this has a sunset and if this… in 2009 if it doesn’t work, we’ll go back and revisit it. I’m confidant this’ll help with tracing those responsible for meth fires, talk to any firefighter that’s dealt with meth. Frequently, people that cause explosions go to another community for medical treatment. So, be happy to entertain any questions.”
“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 1 and 2 to House Bill 5348?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendments 1 and 2 to House Bill 5348. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of 09400114.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Concurrences, we have Representative Munson on House Bill 4461.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1. The Bill passed the House and Senate unanimously and the Amendment just makes it permissive.”
“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 4461?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? This if final action. Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 4461. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Acevedo, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise on point of personal privilege.”
“State your point."
“Mr. Speaker, I’d just like to remind the Members on both sides of the aisle and the staff that today we will be hosting a pre Lati… Cinco de Mayo party at Mojo’s, 225 Monroe Street. All are invited on behalf of the Latino Caucus.”
“Thank you, Representative. The Lady from Cook, Representative Howard, on House Bill 4406.” 09400114.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Thank you, Mr. Speaker. Senate Amendment 1 to House Bill 4406 is up for concurrence. As amended by House Amendments 1 and 2, this Bill would create a scholarship for high school seniors raised by their grandparents and the scholarship would be in the amount of $1 thousand and be renewable. The Amendment requires that the individual have been in the legal custody of his or her grandparents for at least 1 year preceding… or prior to submitting an application. And it also stipulates that the grant, in combination with any other financial aid, would not exceed the total cost of attendance at the institution and, of course, that the commission would adopt any and all necessary rules for the implementation of the Bill. I ask for… I Motion for a concurrence.”
“The Lady from Cook, Representative Currie, for what reason do you rise?”
"Thank you, Speaker. A question of the Sponsor.”
“She indicates she…”
"I want just to clarify, Representative, that when they limit the amount of the scholarship, that limit would include things like room and board, those kinds of costs. It wouldn’t mean that if a child had a scholarship or some kind of aid from an institution, that the total limit would be the tuition charged by that institution. So the understanding would be that room and board would qualify for purposes of meeting the limit that is imposed under the Senate Amendment. Is that accurate?”
“That is accurate. Thank you.”
"Thank you. Thank you. It’s a good Bill.” 09400114.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she will."
“Representative, I’m not sure from our analysis, is this subject to appropriation or not?”
“This is… this is not subject to appropriations, Representative.”
“It is subject to appropriation?”
“It is not subject to appropriation.”
“It is not subject to appropriation. Our staff was saying they thought it… it was.”
“Let me just say that as far as I understand, it’s not. What is… The purpose of this Bill is to provide some kind of equity between those who are able to receive this higher educational opportunity because they are in the… in the system and those who are not able to receive the higher education opportunity.”
“All right. It’s just that our staff said that…”
“Therefore, when Representative Jones…”
“…Senate Amendment 1 says, page 2, line 3… or 2 and 3, ‘subject to appropriation.’ And that was my one question. And the other question was if a child…”
“Excuse me. Would you repeat that?”
“Senate Amendment 1, which you’re concurring with, page 2, line 2 and 3, says, ‘subject to appropriation.’”
“I… I appreciate you pointing that out, but I thought you were asking the question. I did not know the answer 09400114.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 until just now. But you knew that it was subject to appropriation all along?”
“No. That’s… I wanted to ask, but then staff brought it over and gave me… and pointed it out.”
“Oh, somebody pointed that out. Well, I appreciate the fact that you’ve pointed that out. And now that I… and I do know now that it is subject to appropriation.”
“Okay. And then the other question is…”
“Thank you.”
“Sometimes DCFS will give grants to children that are under their auspices and sometimes grandparents have children that are DCFS children. If they receive a college grant from DCFS, would they also be eligible for this grant too or would it be separate?”
“They would be re… they would be eligible, but the amount of the grant cannot go over a certain… a certain level.”
“Okay.”
“So that, yes, they would be eligible for other grants, as well.”
“All right. Thank you.”
“Seeing no further questions, the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 4406?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall… Tryon. The Clerk shall take the record. On this question, 112 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 09400114.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 to House Bill 4406. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Saviano, for what reason do you rise?”
“Thank you, Mr. Speaker. I rise of point of privilege. I’d like everybody to look up in the gallery. I have Mannheim Middle School from the heart of my district here today with us. Can we give ‘em a round of applause?”
Speaker Turner: “Welcome to Springfield, Mannheim. Representative Will… Willhelmy on… I should say Representative Saviano. Representative Saviano on House Bill 2390… Senate Bill 2395.”
“Thank you, Mr. Speaker, Members of the House. Amendment #1… Floor Amendment #3 is an Amendment that allows for taking care of a situation where… situation came up with the Hurricane Katrina where this would accommodate displaced dentists and allow them to practice in the state. This is a… that should be Amendment #1. I don’t think there’s Amendment #3.”
“Let’s… let’s do this again. First of all, let me have the Clerk read the Bill. Mr. Clerk, read the Bill, 2395. Start all over. 2395. Senate Bill 2395. Read the Bill, Mr. Clerk.”
"Senate Bill 2395 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Saviano, has been approved for consideration.”
Speaker Turner: “The Gentleman from Cook, Representative Saviano.” 09400114.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Thank you, Mr. Speaker, Members of the House. Floor Amendment #1 addresses a situation what came out of Hurricane Katrina for displaced dentists. This would allow ‘em to operate in the Ill… Illinois temporarily under special permit. This was brought up over a series of negotiations and it’s something that’s good and the department is in agreement. And I would ask to adopt Floor Amendment #1 to Senate Bill 2395.”
“Seeing no questions… The Gentleman from Cook, Representative Miller, for what reason do you rise?”
“A question for the Sponsor.”
“He indicates he will.”
“Representative, on our analysis is says that Department of Professional Regs… or whatever agency it’s called now, is against the Bill. I know… can you just comment on that? I… I believe they’re okay with… I believe we’re okay with Senate Amendment 1, but it’s on our analysis. There’s some confusion.”
“Yeah, Mr. Speaker, take this out of the record. I gotta take a look at this Amendment.”
“The Gentleman asks leave to take the Bill out of the record. Take the Bill out of the record. The Gentleman from Lee, Representative Mitchell, Jerry Mitchell, for what reason do you rise?” Mitchell, J.: “Mr. Speaker, was… was that Representative Saviano’s first Bill?”
“Senator Watson. Let’s welcome Senator Watson to the chamber, Gentlemen… Ladies and Gentlemen. He came over to look and see what the trophy looks like here in its 09400114.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 rightful place. Senator Watson. We appreciate Minority Leader Watson here. Yeah, it’ll be here for a while, Senator. On the Order of Second Readings, page 6 of the Calendar, we have Senate Bill 2395. Representative Saviano one more time. Read the Bill, Mr. Clerk.”
"Senate Bill 2395 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Saviano, has been approved for consideration.”
“Representative Saviano on Amendment #1.”
“Okay, Mr. Speaker, I think we got it right now. Floor Amendment #1 is exactly the way I described it. This… this addresses the natural disaster language for displaced dentists. It’s an agreed… it’s an agreed Amendment and the department does support this portion of the Amendment. I ask it be adopted.”
“Seeing no questions… Dave, you all right? Seeing no questions, the question is, ‘Shall the House adopt Senate Amendment 1… Floor Amendment 1 to Senate Bill 2395?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the Amendment’s adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
Speaker Turner: “Third Reading. The Gentleman from Cook, Representative Giles, for what reason do you rise?”
“Thank you, Mr. Speaker. A purpose of an announcement.”
“State your purpose.”
“Thank you, Mr. Speaker. After the adjournment, the Elementary & Secondary Education Committee will convene. 09400114.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Our subject matter will be the ISAT. We’re asking Members of the Elementary & Secondary Education Committee to please be there and be on time so that we can begin. Also, we’re inviting Members of the Illinois… I mean, Members of the Elementary & Secondary Appropriations Committee to please be there as well. And of course, any Member in this Body that would like to ask questions of the state superintendent as well. Thank you.”
Speaker Turner: “Representative Berrios. On the Order of Concurrences, we have House Bill 4606. Representative Berrios.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. With this Senate Amendment change, we are just cha… the original Bill got rid of the 2-year reporting requirement. In the Senate they said we should change that, so we are just changing it. Instead of 2 years, which is what it currently does, to 3 years after the commission of the offense, so that the person would have the 10-year statute of limitations to work on the crime.”
“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 4606?’ This is final action. All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost. Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘noes’, and 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 4606. And this Bill, having received the Constitutional Majority, is hereby 09400114.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 declared passed. On the Order of Second Readings, page 2 of the Calendar, Representative Currie, we have House Bill 70… 1732. Read the Bill, Mr. Clerk.”
“House Bill 1732, a Bill for an Act concerning revenue. The Bill’s been read a second time, previously. Floor Amendment #2 has been adopted to the Bill. No further Floor Amendments have been approved for consideration. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
“House Bill 1732, a Bill for an Act concerning revenue. Third Reading of this House Bill.”
“The Lady from Cook, Representative Currie on…”
“Thank you.”
“…House Bill 1732.”
“Thank you, Speaker and Members of the House. This is a measure that would require the tax bills in Cook County, next time those tax bills arrive in our mail boxes, to identify which residential owner/occupiers are winners and which are losers and which stay the same because of the expanded Homestead Exemption, also known as the 7 percent solution. I’d appreciate your support for this measure. There’s a sense in the land that everybody wins because of the 7 percent solution, the reality is that not everybody does and we think it’s important for individuals to know which end of the equation fits them. That’s all this measure does and I’d appreciate your support.”
“The Lady from Cook, Representative Krause, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?” 09400114.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“Indicates she will.”
“Representative, on this Bill, which has been moved through this process in the past two days, I have raised two concerns and you were going to address those and get back. One is the concern because, as I said, this Bill mainly apply… applies to Cook County. And my concern is, is that by this requirement of now redoing these tax rates for all of the tax districts, what does that cost? And secondly, most of all, to… all of the taxing districts in Cook County, the municipalities, schools and so forth, to be sure that there is no delay in having this now done that would in any way delay the payments that will be made to these districts. Have you had that opportunity to look at that?”
“Representative, first of all, when it comes to cost we’re told that the cost would not be substantial. Now, they are reporting that there may be a delay, we’re not sure exactly of what length time, nor what that effect will be. But I propose to move this Bill today. This is a House Bill in the House. There would still be time in the Senate to consider not only the answer to the question but what we could do to ameliorate any delay that might otherwise ensue. And I would be more than happy to work with you and all comers to see to it. I do wanna point out to you and the Members that the variety of note requests you filed yesterday, it turns out they’ve all come back and there aren’t any, fiscal or pension or any other kind of impacts because of this Bill.”
“I under…” 09400114.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
“To say that, doesn’t say that I don’t think that the question that you’re raising right now is a legitimate and a serious one, but I do think it’s important to try to move this along and continue to search, not just for an answer, but also for ways to ameliorate any problems that local districts… taxing districts, schools among others, might… might find.”
“But Representative, and I… I have that concern of the delay of tax revenue passing, because a loss of a day, a loss of five days is significant to all of those taxing bodies in Cook County. Aren’t we better off holding off and waiting until we definitely get that answer. See if that can be addressed on it, rather than move this Bill through really, Representative, in 48 hours and then find out that we have an impact on some… on all of our taxing bodies that we should not have in Cook County. And would ask again consideration that we not move forward until we have a definite answer, because and I know I’m… if we weighed the benefits that your Bill is looking for, compared to the costs, I am concerned that the costs are gonna outweigh the benefits.”
“Well, again, I just reiterate, we are hopeful that we’re nearing the end of Spring Session, at least I hope we are, and this is a House Bill in the House that means that if it succeeds in this chamber, it still requires three readings across the rotunda. I think that gives us more time and I think, Representative, if it’s clear that this would be… would pose an undue burden for local school 09400114.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 districts, we will either drop the idea or find a way to make them whole.”
“I understand that. I still, though, would stand in objection because of that concern. I understand what you’re saying.”
Speaker Turner: “The Gentleman from Cook, Representative Fritchey, for what reason do you rise?”
“Thank you, Speaker. Will the Sponsor yield?”
“She indicates she will.”
“Representative, I apologize for having my back to you here, I don’t have a choice. How many counties have enacted the 7 percent Bill?”
“How many…”
“How many counties have enacted the 7 percent Bill?”
“Only one, only the county of Cook.”
“And that’ll be the county of Cook. Has the Cook County assessor weighed in on this Bill?”
“They took no position on this Bill when it was in committee two days ago.”
“But it would fall upon them to derive the formula that… by which they would inform homeowners of what the impact of the legislation was on them.”
“Under this legislation, the assessor’s office would be required to work with the clerk’s office in figuring out how to determine whether you are a winner or a loser.”
“Well, I would submit to you that, based on my discussions with the assessor’s office, they’re not even sure how this would be done because there are numerous pressures upward and downward on a tax bill and isolating 09400114.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 that just to the effect of the 7 percent Bill is easier said than done. You’re aware of that?”
“Yeah, I am, but the reality… all we’re asking for and I do think they understand this and I know the clerk’s office says they can do it. We’re asking them to make the calculation, all other things being equal, that is the Homestead Exemption, the (inaudible), da, da, da, da, all other things being equal, except the expanded homeowner exemption.”
“Okay.”
“So, you do it two ways: you do it once with, you do it once with… without. And in both situations, you are dealing in the ‘real’ world.”
“Thank you. To… to the Bill. Ladies and Gentlemen, let me tell you what will happen in my district. In my district, the overwhelming number of homeowners will get a tax bill that says that their tax bill was lower than it would have been but for that 7 percent Bill. They will also then be faced with the reality that that 7 percent Bill is about to sunset and that unless this Body takes action, their tax bills will skyrocket again accordingly. Are there losers under the Bill? Yes, there are. Nobody ever denied that. The majority of homeowners came out ahead as a result of this. At the risk of sounding redundant, at the risk of being repetitive of other messages that have been given, I’ve been here for 10 years now, there’s Legislators that have been here two or three times as I… as long as I have been. With… with all due respect, you wear it well, Speaker. The issue about how to fund schools predates any 09400114.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Member in this chamber and we can dance around the issue of property tax reform, we can dance around the issue of whether or not we’re gonna take substantive action. The bottom line is we cannot keep ducking the issue that we are overly relying on property taxes to fund our schools which results not only in underfunded schools but inequitably funded schools. We are dead last, folks, in the country when it comes to inequity in school funding. This is not a Chicago issue. Rural districts feel this just as much as my di… as my schools do. We have to fix this issue. I am not going to support this measure because this is simply avoiding the real issues. The two real issues in my mind right now are number one, renewing the 7 percent Bill and two, we have the backbone to fix the number one issue which is fixing how we fund schools. I don’t like being in opposition to the Ma… any of the Majority Leader’s Bills, but this is simply a disservice and a ducking of the real issue. I’m not looking forward to going home this summer and telling my constituents that we haven’t taken this issue on. None of us will look forward to going home this summer and telling our constituents that we still don’t know how to fund schools in Illinois. We have to fix this problem soon. It’s not gonna get done in the terms of an election cycle, so we can’t keep ducking it 2-year and 4-year periods. We have to take this issue on. We are doing a disservice to the seniors in our districts who are being forced out of their homes by property tax escalation. We’re doing a disservice to parents that are trying to get a good education for their children. And we are doing disservice 09400114.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 to another generation of Illinois kids that are gonna go through schools that are inequitably and underfunded. Thank you.”
“The Lady from Cook, Representative Currie to close.”
“Thank you, Speaker and Members of the House. This is not about how to… how to reform the school funding crisis. I wish it were. This is a simple measure. We have a program in place that is said to be good for homeowners in the county of Cook, for many homeowners in the county of Cook, it isn’t. For many homeowners in the county of Cook, in fact, it means a higher tax bill at the end of the day. The point of this measure is to say, let people know if they’re winners or if they’re losers. That’s all this Bill does. It’s gonna let John Fritchey know whether he is paying more because somebody else is paying less or whether, in fact, he’s paying less ‘cause somebody else is paying more. And I think this is good, transparent, accountable government. I encourage your ‘yes’ vote.”
“Seeing no further questions, the question is, ‘Shall the House pass House Bill 1732?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. This is final action. All those… Have all voted who wish? Have all voted who wish? Mendoza. The Clerk shall take the record. On this question, there are 82 voting ‘aye’, 29 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Peoria, Representative Schock, for what reason do you rise?” 09400114.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
"Thank you, Mr. Speaker. I rise for a moment of personal privilege.”
“State your personal privilege.”
"Ladies and Gentlemen of the House, it’s my pleasure to welcome some constituents here from Peoria, the fifth grade class from St. Vincent de Paul Catholic School in Peoria. Would you please stand so we could welcome you to the House chamber.”
“Welcome to Springfield, St. Vincent. The Lady from Cook, Representative Deborah Graham, for what reason do you rise?”
“Thank you, Mr. Speaker. Point of personal privilege.”
“State your point.”
“There will be a brief COWL meeting at 4:30 today in Room 319 behind the Senate chambers. A very brief meeting for COWL Members. So, please come out. We have some issues we need to discuss.”
“Senate chambers or the House chamber?”
“Behind the Senate chambers in Room 319.”
“The COWLs…”
“At 4:30.”
“The COWLs will meet behind 319 at 4:30.”
“4:30.”
“COWL… COWL Members will meet…”
“COWL Members. COWL Members.”
“COWL Members will meet at 4:30 in 319…”
“Behind the Senate chambers.”
“…behind the Senate chambers. If anybody’s lost, just go mmm. Mr. Clerk, Agreed Resolutions.” 09400114.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006
Clerk Bolin: "Agreed Resolutions. House Resolution 1143, offered by Representative Hannig. House Resolution 1144, offered by Representative Sacia. House Resolution 1145, offered by Representative Sacia. House Resolution 1147, offered by Representative Speaker Madigan. House Resolution 1149, offered by Representative Pihos.”
“The Clerk moves for the adoption of the Agreed Resolutions. All those in favor say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. And the Resolutions are adopted. And allowing perfunctory time for the Clerk, Representative Currie moves that the House stands adjourned ‘til Thursday, April 6, at the hour of 12 noon. House stands adjourned ‘til Thursday, April 6, at the hour of 12 noon. The House is adjourned.”
"The House Perfunctory Session will come to order. First Reading of Senate Bills. Senate Bill 623, offered by Representative Moffitt, a Bill for an Act concerning State Government. Senate Bill 680, offered by Representative Hassert, a Bill for an Act concerning revenue. Senate Bill 848, offered by Representative Younge, a Bill for an Act concerning local government. Senate Bill 2310, offered by Representative Colvin, a Bill for an Act concerning business. First Reading of these Senate Bills. Introduction and First Reading of House Bills. House Bill 5779, offered by Representative Durkin, a Bill for an Act concerning elections. House Bill 5780, offered by Representative Currie, a Bill for an Act concerning State Government. First Reading of these House Bills. Introduction of Resolutions. House Resolution 1146, offered 09400114.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/5/2006 Representative Acevedo. House Resolution 1148, offered by Representative Coulson. House Resolution 1150, offered by Representative Flowers. House Resolution 1151, offered by Representative Reis. House Reso… House Joint Resolution 117, offered by Representative Will Davis. House Joint Resolution 118, offered by Representative Pihos. And House Joint Resolution 119, offered by Representative Ryg. And Senate Joint Resolution 74, offered by Representative Mathias. These Resolutions are referred to the House Rules Committee.”
"House Perfunctory Session will come to order. Committee Reports. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on April 05, 2006, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 860; 'recommends be adopted' a Motion to Concur on Senate Amendment #1 to House Bill 5416. Senate Bills-First Reading. Senate Bill 789, offered by Representative Granberg, a Bill for an Act concerning public employee benefits. First Reading of this Senate Bill. There being no further business, the House Perfunctory Session will stand adjourned.” 09400114.doc 97