“The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off laptop computers, cell phones, and pagers, and we ask the guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Colonel Retired Randy Harrison.”
“Lord, hear our prayers. Lord, we pray for the children of the world. Those young people who are caught in war-like conflicts, those that are starving, the orphans of this world. Help us help them, Lord. We ask that You lay Your loving hands on those helpless children whose bodies and minds are affected by disease. Keep them courageous as the… as they battle their life altering or life-threatening disease. Lord, help those friends and relatives of these children in remaining strong and true. We pray their hearts and minds are filled with praise and devotion to You, Lord. And finally, Lord Almighty, we thank You for this great day and request humbly that You bless those who sit in this chamber. Keep them strong in heart, mind, and body. Thank You, Lord, for always being with us. Amen.”
“We shall be led in the Pledge of Allegiance by Representative Mautino.”
“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.” 09400118.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“Roll Call for Attendance. Representative Currie.”
"Thank you, Speaker. Please let the record show that Representatives Acevedo, Jones, and Patterson are excused today.”
“Mr. Bost.”
“Thank you, Mr. Speaker. Please let the record reflect that Representative Black is excused today.”
“The Clerk shall take the record. There being 114 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk.”
"Committee Reports. Representative Yarbrough, Chairperson from the Committee on Housing & Urban Development, to which the following measure/s was/were referred, action taken on April 11, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to Senate Bill 2772. Representative Reitz, Chairperson from the Committee on Agriculture & Conservation, to which the following measure/s was/were referred, action taken on April 11, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' is a Motion to Concur on Senate Amendment #2 to House Bill 5407. Representative Molaro, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on April 11, 2006, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 2684. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s 09400118.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 was/were referred, action taken on April 11, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to Senate Bill 1827 and Floor Amendment #1 to House Bill 3904. Representative Feigenholtz, Chairperson from the Committee on Adoption Reform, to which the following measure/s was/were referred, action taken on April 11, 2006, reported the same back with the following recommendation/s: 'recommends be adopted' a Motion to Concur with Senate Amendments 1 and 2 to House Bill 4186. Representative Saviano, Chairperson from the Committee on Registration & Regulation, to which the following measure/s was/were referred, action taken on April 11, 2006, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 279. Representative Osterman, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on April 11, 2006, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 2871; 'recommends be adopted' Floor Amendment #3 to Senate Bill 2664. The following measures were referred to the House Committee on Rules: House Resolution 1181, offered by Representative Phelps. House Resolution 1184, offered by Representative Cultra. House Resolution 1185, offered by Representative William Davis. House Resolution 1188, offered by Representative Acevedo. House Joint Resolution 122 (sic-121), offered by Representative Flider. House Joint Resolution 122, offered 09400118.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 by Representative McCarthy. And Senate Joint Resolution 66, offered by Representative Monique Davis.”
“Mr. Smith, would you… did you wish to call Senate Bill 860? Mr. Clerk, Senate Bill 860. Read the Bill.”
"Senate Bill 860, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“Mr. Smith.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. This… Mr. Speaker, if I could request that Representative Mitchell will also be allowed to close on this. This… this represents a great deal of work that has gone into studying school leadership in the state by the State Action for Educational Leadership project. Representative Mitchell and I were appointed as Legislative Members to that committee and the committee has worked for over the past year to look at the issue of school leadership, and Senate Bill 860 is a product of that work. This basically would set up a advanced certification program for school principals in the State of Illinois. It would create a principal mentoring program, would provide an alternative route to an administrative certificate for those teachers who hold a master’s degree and are recognized as master teachers. It would also create the designation of a master principal program and it is supported by all the major statewide educational organizations. It is an attempt to bring about accountability in the classroom at a different level rather than some of the things we’ve looked at in the past. This is going to the building leadership level, to the school 09400118.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 principal. It’s a major step forward in education administration, represents a great deal of work, and I think is a real positive piece of legislation for the state. I would be happy to answer any questions, as I’m sure Representative Mitchell would as well.”
“Mr. Jerry Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker. Ladies and Gentlemen of the House, to the Bill. Over a year ago, the committee… the Illinois State Action for Educational Leadership Committee was formed and has worked diligently on this piece of legislation. I probably think… think one of the most important things in here is that new principals now will not walk into that job as being, beside the teaching staff, the most important individual educational leader in the school, they will have a mentor for that first year, someone that has a proven track record as a good principal will mentor them and make sure that they don’t continue to make mistakes that have to be corrected later. That’s an ideal part of this. I think just about every education group was represented on that committee except maybe the Regional Office of Education, but they have, in fact, come on-board since that time with a… a minor Amendment that really didn’t change the Bill itself. It’s supported primarily by IL- SAELP, the IEA, the Illinois Principal Association, and the Center for Study for Educational Policy at ISU, and the Illinois Association of Regional Superintendents at this point. There are no known opponents that I know of. This Bill will help to move that portion of educational administration forward and certainly will do nothing to 09400118.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 detract from schools in the State of Illinois. I urge a strong ‘aye’ vote. Thank you, Mr. Speaker.”
“The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. The Clerk shall take the record. On this question, there are 114 people voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. John Bradley, did you wish to call Senate Bill 18… rather 1183? Mr. Clerk, Senate Bill 1183. Read the Bill.”
"Senate Bill 1183, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.”
“Mr. Bradley.” Bradley, J.: “Thank you, Mr. Speaker and Members of the House. This is a Bill which makes a technical change to ensure that the State of Illinois remains consistent with federal guidelines regarding child support. There were some issues in committee that got worked out and I know of no opposition to the Bill at this point. Ask for an ‘aye’ vote.”
“The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Durkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields."
"Representative, can you just explain briefly the technical changes that you’ve made?” Bradley, J.: “Well, it… there’s some issue over the $10 minimum, and so we keep the $10 minimum in place so long as it’s consistent with federal guidelines so we don’t lose our federal funding.” 09400118.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
"Now, I’ve read that this is a Bill that’s going to bring us in compliance with the federal TANF block grants.” Bradley, J.: “Yeah.”
"Is that correct?” Bradley, J.: “Yeah. Yeah, that’s right.”
"All right. All right. So… Do you know of any opposition to this legislation?” Bradley, J.: “No. No, I don’t, Representative.”
"Any questions that we should be aware of in committee that were not answered?” Bradley, J.: “No, ‘cause the committee had some issues and questions that I think they really hammered out and worked through, and I appreciated their guidance on this.”
"All right. Great. Thank you very much, Mr. Speaker.”
“Representative Mulligan. Mulligan.”
“Thank you, Mr. Speaker. Would the Sponsor yield?”
“The Sponsor yields."
“I’m just wondering exactly what we were out of compliance with that this changes?” Bradley, J.: “Well, I don’t profess to be an expert on this issue as… as you would be, Representative, but my understanding is… is that there was some concern about the minimum that we’ve set, and we’re gonna keep the minimum in place so long as it’s consistent with the federal guidelines.”
“I’m sorry, could you speak into the microphone more because I could not…” Bradley, J.: “Yeah. Well, we’re gonna keep the $10 minimum so long as it’s consistent with the federal guidelines.” 09400118.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“Is that all we were out of compliance with?” Bradley, J.: “That’s all this Bill addresses. I don’t know about any other aspects.”
“All right. And it… it doesn’t change any way that we would track people who were not paying? Nothing changes…” Bradley, J.: “No.”
“…in the way we’re doing that?” Bradley, J.: “No, not to my knowledge.”
“All right. Thank you.”
“Representative Bellock.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields."
“Well, we wanna thank Representative Bradley for making the changes because we did have a lot of concerns about this, that people that could put some money towards child support in the State of Illinois should not be relinquished of that mandatory requirement. So the $10 is back in.” Bradley, J.: “Yeah. Yeah.”
“But the disclaimer is to go along…” Bradley, J.: “Yeah.”
“…with the TANF rules out of the Federal Government?” Bradley, J.: “Yeah, and that was a great suggestion by your committee. And I spent enough time in my practice chasing deadbeats that we need to do everything we can to ensure that we don’t give them any kind of wiggle room on that. So…”
“Okay. Thank you. We appreciate you working with us on that issue and the department. Thank you.” 09400118.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 people voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Nekritz. Nekritz, did you wish to call Senate Bill 2170? Mr. Clerk, Senate Bill 2170. Read the Bill.”
"Senate Bill 2170, a Bill for an Act concerning business. Third Reading of this Senate Bill.”
“Representative Nekritz.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate 21… Senate Bill 2170 addresses a consumer issue that has arisen. The problem that we are addressing is when someone is released from a hospital, possibly to go to a rehabilitation center, and they are not familiar with what kind of transport they are gonna be using, in many instances an ambulance was being called even though there was no medical necessity for that ambulance. The patient was not told that their insurance would not cover this legisla… would not cover the transport and so after they get to the rehab center and they go… and all their bills are then worked through, they find out that they owe $500 for this transport when they could’ve used a Medicar or some other much less expensive form of transportation and Medicare would not cover this either. So, this legislation establishes an obligation on the hospitals during the discharge process to make sure that they either give the 09400118.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 documentation to the ambulance company to indicate that the transport is medically necessary or give notice to the patient that their insurance may not cover this and that they may need to make a different… different selection on their form of transportation. I’d ask for your support.”
“The Lady moves for the passage of the Bill. The Chair recognizes Mr. Biggins.”
“Yeah, thank you, Mr. Speaker. Unfortunately, Mr. Speaker, I had trouble hearing the Lady’s explanation of the Bill. And due to the noise in the… this end of the room… the chamber. So, could I ask the Sponsor if she could summarize again what she said and where the main ambulance companies and the state might be on this legislation, please?”
“Representative, I just… I can try to make it a little bit faster for you. This makes sure that the hospitals do their job on the front end by giving the ambulance companies the necessary documentation to indicate that the transport by ambulance is medically necessary or if it’s not, that the patient is notified that they might wanna make a different decision. That would be before the ambulance would arrive at the hospital. Both Superior Ambulance and the Illinois Ambulance Association do support the Bill as it is now.”
“So the… the ambulance association is, did you say, supporting the Bill?”
“Correct. As is Superior, which is not a member of the Illinois Ambulance Association.”
“Right. Well, thank you very much.”
“Thank you.” 09400118.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“Mr. Durkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields."
"Representative, I see one section in here, it’s referred to as the inducement to vehicle services provider penalty. Could you explain to me the nature of that and why that’s… why it’s necessary.”
“I’d be happy to… happy to, Representative, but that’s no longer a part of the Bill. We amended that out.”
"You did? All right. Great. So are there any penalties in here for anybody who violates this provision under the… Under the amended version of the Bill, are there any administrative or civil penalties for anybody who does… is not in compliance?”
“For… for the inducement?”
"The inducement’s out. Is there any other penalties which you have included in this Bill in the amended form?”
“No, I don’t believe so.”
"All right. Thank you.”
Speaker Madigan: “There being no further discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? The Clerk shall take the record. On this question, there are 113 people voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Monique Davis. Representative Monique Davis, did you wish to call Senate Bill 2368? Mr. Clerk, Senate Bill 2368. Read the Bill.” 09400118.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
"Senate Bill 2368, a Bill for an Act concerning transportation. Third Reading of this Senate Bill.” Davis, M.: “Thank you, Mr. Speaker. Senate Bill 2368 with House Amendment 1 reduces the oversight board of the Racial Profiling Statistical Study from 28 to 15 members. It clarifies the reappointment procedures for the members and provides a general grouping of state agencies and organizations from which these appointments will come. Illinois is currently conducting a stati… statistical study of traffic stops made by the state. This legislation is agreed by our police authorities. The oversight board will include four Legislators appointed by General Assembly Leadership, the Attorney General or his/her designee, the secretary of IDOT, the Department of Illinois State Police or their de… his designee, and three members of county or city law enforcement agencies representing various jurisdictions, varied size and geogra… geography appointed by the Governor. Four members of the community organizations will also be on the committee, one member of the Illinois Academic Committee. I will answer questions.”
“The Lady moves for the passage of the Bill. The Chair recognizes Representative Bassi.”
“Thank you, Mr. Speaker. Will the Lady yield?”
“The Lady yields.”
“Representative… I’m over here. …it looks to me as if all of the members of this committee then will be appointed by the Governor. Is that correct?” Davis, M.: “Yes.” 09400118.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“Will they have to go to John Wyma in order to get appointed?” Davis, M.: “I’m sorry, I didn’t hear you.”
“Will they have to go to John Wyma in order to get appointed to the board?” Davis, M.: “No, they won’t.”
“You don’t think so?” Davis, M.: “No.”
“Okay. Thank you, Representative.”
“Mr. Durkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields."
"Representative, I believe it was a few years ago in the 93rd General Assembly a law was passed which created the Traffic Stop Statistical Study. What is… are you trying to accomplish now which is not being done through that committee?” Davis, M.: “I’m sorry, I…”
"Okay. Let’s try it again. The 93rd General Assembly created the Traffic Stop Statistical Study which states that from January 1 of 2004 to 2007 when a state or local law enforcement officer issues a traffic ticket, that the officer must record the information including the subjective determination of the stopped person’s race. Now, what are we trying to accomplish with this… with this committee which is not already being done through the 90… through the Traffic Stop Statistical Study Act?” Davis, M.: “Well, the first thing we did, Representative, was extend the study to 2010. This… the current 93 legislation 09400118.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 ended the study in ’07, and this Amendment… what should we say… takes it to 2010. You know, when you’re doing statistical data sometimes you need a longer duration to find some accuracy.”
"Well, have we received any reports back from the Illinois State Police regarding the Traffic Stop Statistical Study…” Davis, M.: “Yes.”
"…on profiling?” Davis, M.: “Yes, we have. We’ve received two books that are about almost 12 inches thick.”
"Well, don’t you think that perhaps that’s enough for us to make a decision of… give us enough ammunition, so to speak, to determine whether or not there is a pervasive problem within the State of Illinois? My… my question is, why do we need to have a commission at this point when we do have that much documentation that has been prepared regarding the very issue that is very dear to your heart, which I know?” Davis, M.: “Well, there are a number of states that have made statistical traffic studies permanent, and that was our desire, to make it permanent. However, in reaching a compromise with all of those who were on the task force, we extended it to the year 2010 rather than making it permanent.”
"Well, I understand what you’re saying. I think that we’ve reinvented the wheel. This is gonna pass through the House, but I… I just think sometimes we’re just adding a little more bureaucracy on an issue which all of us are very 09400118.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 sensitive to. But I think that has been addressed and we do have the evidence, which you’re trying to get to with this new Act. But I… I appreciate what you’re trying to do, but again, I just think that we do have the information at hand which we could analyze as a Body and make the appropriate decisions through the legislative process. So, with that, I have no further questions.”
“Mr. McCarthy.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields."
“Representative Davis, the… the original Bill said that it changed the ending date of this from 12/31/07 to whenever, but your answer now is that it has been amended either in the Senate or the House to make it three additional years instead of forever?” Davis, M.: “It ends on 2010, that’s correct.”
“Okay. And the reports you were talking about with Representative Durkin, that I think you said were like this high, was that the IDOT reports? He… he said about the State Police, but in the original legislation it requested an analysis in July of ’04, ’05, ’06… or no, ’05, ’06, ’07, and ’08. So, are those the two reports that were done by IDOT or were they done by the Illinois State Police?” Davis, M.: “Well, it’s IDOT’s study… the results of the study. IDOT sends it to Northwestern University. The oversight board will help to make some sense of that raw data.”
“Okay. But the report he referred to though, that’s actually the report that was… in the original legislation mandated for IDOT to do…” 09400118.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 Davis, M.: “That is correct.”
“…not the State Police.” Davis, M.: “That is correct.”
“Okay. And so, you say that you have those two reports. Do you know of any police department in the state that has made any policy changes as far as the operation of their department based on the data that was given in those two reports?” Davis, M.: “I don’t know of any that have made policy changes as of this point. However, I want you to know that they were… most police departments were a part of this task force and they agreed… they decided to have the oversight board, but they wanted the number reduced. So we reduced it from 28 members to 15 members. And we also will sunset this legislation in 2010.”
“Well, thank you. To the Bill, Mr. Speaker. I would just say that I was one of the few people that opposed this Bill when it passed like 3 years ago. At that time, I didn’t think that the problem was nonexistent, but I thought that the collection of data was not gonna help in solving the problem. As I hear now that we got two 12 inch books full of information and no police department in the state has done anything with it as far as changing their policy, as far as traffic stops and other things, I still have the same feeling. I’m not trying to say that racial profiling or a profiling based on a person’s long hair or looking like a hippie or many other things happens in our state, but I just don’t think that the data that’s provided in these stops or the data that’s gonna be analyzed is gonna help 09400118.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 address this problem. Therefore, asking the police of our state to do something that I don’t think is worthwhile in the long run is something that I can’t support. So, unfortunately, I’ll be voting ‘no’.”
“Mr. Wait.”
“Will the Sponsor yield?”
“The Sponsor yields."
“Yes, Representative, for legislative intent I’m gonna read something, then would you acknowledge, please?” Davis, M.: “Okay.”
“For Senate Bill 2368, House Amendment #1, ‘In addition to the agreement on the House Amendment #1 to Senate Bill 2368 is a moratorium on any future Amendments, new Acts, or negotiations on the issue until July 1, 2009, unless and agreed upon by all parties. It is essential that the data collected remain consistent throughout the course of the study so that statistical analysis and benchmarking can be uniform over the entire period. This moratorium was agreed to by both the House, the Senate Sponsors, the FOP, the Illinois Sheriffs’ Association, and the ACLU.’ Is that… am I correct in reading this that everybody has agreed to this?” Davis, M.: “I was… I was gonna read that at the end of my statement here. You are correct, Representative. You are absolutely correct. And all of those who are proponents of this legislation include the ACLU, the Illinois Sheriffs’ Association, Fraternal Order of Police State Lodge, Fraternal Order of Police Chicago Lodge, the Illinois State Police, the Illinois Department of Transportation, 09400118.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 Association of Chiefs of Police, office of the Governor, City of Chicago, Cook County Bar Association, Police Benevolent and Protective Association, Illinois Law Enforcement Training and Standards Board, and the office of the Attorney General. You are absolutely correct.”
“Thank you very much, Speaker.” Davis, M.: “Yes.”
“Representative Graham.”
“Thank you, Mr. Speaker. To the Bill. I stand in complete support of Senate Bill 2368. I serve on the Racial Profiling Task Force and the task force is a body of people of community leaders, also the police… various police agencies. And this has been a work in progress. I think we absolutely need an extension with the survey and the study to give the basic outlook of what’s happening out on the street. And I also think we need to give the police force an opportunity to develop a plan after looking at what is happening with the raw data. So, I stand in support of my colleague and I would ask this Body to do the same. Sometimes we have to come a long way to make the results known. And we don’t want to condemn a police force because of a few bad apples, but we wanna see what the extent of the problem is, if there is a problem. So I stand in full support of this legislation and I would ask this Body to do the same. I urge an ‘aye’ vote.”
“The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Has Mr. Hassert voted? The Clerk shall take the 09400118.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 record. On this question, there are 101 people voting ‘yes’, 12 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Is Representative Feigenholtz in the chamber? Did you wish to call Senate Bill 2445? Mr. Reitz, Senate Bill 2454. Mr. Clerk, read the Bill.”
"Senate Bill 2454, a Bill for an Act concerning liquor. Third Reading of this Senate Bill.”
“Mr. Reitz.”
“Thank you, Mr. Speaker. Senate Bill 2454 we’ve discussed at least once or twice before. It deals with… it’s an initiative of the Illinois Historic Preservation Society… or Agency and the Abraham Lincoln Presidential Library. The Bill would allow them to expand the serving alcohol at historic sites through… to private individuals and also to corporations. They can currently allow for nonprofit and for governmental agencies. It expands that. Discussions we had last time, we pulled this out of the record once also to clarify that there will never be a cash bar or any alcohol sold at the Abraham Lincoln Presidential Library. That is in the contract. And for legislative intent, we want to make sure that we are going to hold Historic Preservation to that, that they will just serve alcohol after 5 p.m. and just to the events that are there. And I’d be happy to answer any questions.”
“Mr. Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields." 09400118.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“This… is this the Bill that we brought back that we had 100 ‘no’ votes on?”
“Correct.”
“And what happens in the… now, anybody can go to a Historic Preservation site anywhere and have an agreement to put on a party there and they can serve liquor, is that right?”
“Currently, it’s only a government agency or a nonprofit organization. This expands it…”
“So any non-for-profit. What if a neo-Nazi group decided that they wanted to hold it there and submitted an application? Since they’re non-for-profit could they do it?”
“That… well, I would hope not. And I would think that the department has the discretion to turn down people, sign a contract if they don’t think they’re going to meet the criteria that they set out. And they… if… so I would say ‘no’. But this Bill does no affect that whatsoever.”
“Well, who sets up the criteria?”
“The department… every department would set up their own criteria. Right?”
“So they have the permission in every department in the state that…”
“They…”
“…then they can decide what the policy will be. So you’re gonna have un… uneven policy from site to site. Is that what you’re saying?” 09400118.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“No. The department will set the policy. In the… in the case of your neo-Nazi, they do not allow political activities there in any form or fashion anyway.”
“Okay. To the Bill. Ladies and Gentlemen, I think you need to pay attention to this Bill. Many of you voted for it last time against it. Sometimes ya got caught up in the spirit of… of the day, but I think you need to judge this on merit. And if you think it’s a good idea, that it will help some non-for-profits and that it will help some state facilities to have more money, then I think this is something you should look at. If you just think that it’s wrong for us to be selling alcohol at historic… historic sites, then I think you should vote ‘no’. This is a Bill that was defeated by more than 100 votes. I don’t think it was… that was reason entirely for merit. But I think it’s something that you should pay attention to and decide whether or not you’re gonna vote for or against this Bill.”
“Mr. Stephens.”
“Mr. Speaker, an inquiry of the Chair.”
“State your inquiry.”
“What happens to the century club trophy if this should get the requisite number of positive votes? Does it revert back to Representative Dunkin?”
“Let me consult with the parliamentarian, Mr. Stephens.”
“Thank you, Mr. Speaker.”
“Mr. Sacia.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields." 09400118.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“Representative Reitz, is it fair to say that we have many events at the… the Old Capitol and there is very often liquor available there? Is that correct?”
“Yes, in a number of sites. That’s correct.”
“Is this not legislation to simply make this type opportunity at availa… at sites that currently do not have that availability?”
“All… all this Bill does, it expands it. It’s currently… as I said, it’s currently available for nonprofit and for governmental organizations. This expands it to private corporations and private individuals so they can have wedding receptions and things of that nature and… and be able to do the same thing that the nonprofit and the government agencies do.”
“Thank you, Representative Reitz. I… I stand in strong support of your legislation and am proud to be a cosponsor of it. I think the opportunities that we’re laying out here is good for the state. I think very often we get caught up in thinking we need to vote against anything that has anything to do with liquor, we have to vote against anything that has anything to do with gambling. This is a rare opportunity for us to get a better utilization of our historic sites and I strongly support and endorse your legislation. Thank you, Mr. Speaker.”
“Mr. Brauer.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields."
“Representative, can… can you tell me where this Bill come from?” 09400118.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“This Bill is an initiative of the Historic Preservation Agency and the Presidential Library… Abraham Lincoln Presidential Library.”
“Do you know that we still have today sites closed in this state because they’re not financed properly?”
“It’d be due to the state budget, that’s correct. And hopefully, this will help, this will generate revenue. They have over 60 events that they’ve turned down so far that will help generate revenue and expand the use of our sites and especially the Abraham Lincoln Library.”
“To the Bill. This is a good Bill. This is for Historic Preservation. This allows them to utilize their sites throughout the state and this will help them meet those financial obligations that they need to meet to keep open 7 days a week. I urgely… think that this Bill needs to pass. This is a very good Bill. This is for Historic Preservation. We just have a new caucus that had 81 members signed up, so this is a very important Bill for Historic Preservation. I urge an ‘aye’ vote.”
“Mr. Durkin.”
"Thank you, Mr. Speaker. Will the Sponsor yield?"
“The Sponsor yields."
"Representative Reitz, I have one question. I just want to make it perfectly clear for purposes of intent whether or not we’re giving the Historic Preservation Agency the ability to sell liquor or just to make it available.”
“Current law is what Representative Black talked about last time. Current law, it says they have the ability in that the… the ability to sell or serve liquor at different 09400118.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 things. I think, in speaking with Representative Black, our plan is to follow up with a trailer Bill to take that ability away so we can’t sell liquor, at least talk to the Historic Preservation about that. He didn’t want to do that. At this time he wanted to visit with them and that hasn’t happened yet. But most of the questions were centered around the Abraham Lincoln Presidential Library, and in their contract it specifically says that, ‘Monetary transactions relating to your event shall be taken care of prior. No monetary activities may occur on our premises, including cash bars or credit or debit card machines.’ So there’s no way that… they only serve liquor after 5:00 to whoever has rented that facility.”
"Thank you. We’re not serving, we’re just making it available for an event, which if it’s…”
“Correct. Not selling.”
"…someone like has a wedding reception of some sort and they’re in contract with the agency.”
“That’s correct.”
"Thank you very much.”
“Mr. Moffitt.”
“Will the Sponsor yield?"
“The Sponsor yields."
“Representative, just a technical question in terms of implementing this if it should become law. How many historic sites in the State of Illinois would this apply to? What’s the total number?”
“I don’t know that I have the total number of historic sites, but we have quite a few. I know I have quite a few 09400118.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 in my districts that people have weddings and things of that nature at. But I… I don’t know the specific number. But any… this is… the law applies to the… anything under the jurisdiction of Historic Preservation.”
“Okay. A further question. Again, just a technicality. Are there any of those that would be prohibited from having liquor available because of their proximity to… and does it apply… ya know, you can’t sell liquor within a certain distance of a school…”
“Right.”
“…or church. Is that… does that hold true for making it available and if so, do any of these fall in that category?”
“I don’t know that they do. I would assume some of them do and I would assume that the Historic Preservation would take that into con… consideration, and we will definitely strongly urge them… This doesn’t expand the ability to do at any site. You know, it just expands who they can allow to sign a contract with, and I’m sure the… every agency would have the discretion to do that. I’m sure there are some historic sites that because of the nature of them and because of the artifacts that are there they would just prohibit anyway.”
“But if… if they are currently prohibited from having it available because of their proximity to some other…”
“Right.”
“…institution, this would not change…”
“This does not change that.”
“They would still be prohibited.” 09400118.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“Correct.”
“Thank you.”
“The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. The Clerk shall take the record. On this question, there are 71 people voting ‘yes’, 43 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Hannig in the Chair.”
“Representative Moffitt, for what reason do you rise?”
“I rise to a point of personal privilege, Mr. Speaker.”
“State your point."
“Standing here with me is, or was, Clint Sabin from our staff. And you know, we’ve had some… a lot of fire legislation in the last few years. I had the honor and privilege of cochairing the House Task Force with Representative Mike Smith and all of you’ve joined in and… and helped us pass really a record number of pieces of legislation. We all owe a debt of gratitude to staff, both Republican and Democrat. The one consistency throughout all of that has been Clint Sabin. We’ve had excellent staff from the Democrats but there’ve been several rotations. Every piece of fire legislation Clint Sabin has helped us with and we just need to stop occasionally and show our appreciation. So, I wanna thank Clint Sabin for all he’s done for the Fire Caucus for several years, including those hearings we held around the state. Would you help me in just showing our appreciation to Clint.” 09400118.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“On the Order of Senate Bills-Third Reading on page 3 of the Calendar is Senate Bill 2477. Mr. Clerk, read the Bill.”
"Senate Bill 2477, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
“Representative Currie.”
"Thank you, Speaker and Members of the House. This Bill would reestablish the right of the Peoria Public Building Commission to involve itself in the construction of new school buildings in District 150. This is a district in which about… more than 3 thousand children were defined as ‘inadequately housed’ by the State Board of Education more than 4 years ago. You can imagine that the number of young people who are inadequately housed today is significantly greater. Half of the buildings were built before the Depression and the majority of the students in this area are poor and members of minority groups. This measure has the strong support of Peoria School District #150. I know of no opposition. I’d be happy to have your help in making sure that we are building schools, we are helping students, we are not just building jails. So, with that, I’d be happy to answer your questions and I’d appreciate your support for the Bill.”
“The Lady moves for the passage of Senate Bill 2477. And on that question, the Gentleman from Peoria, Representative Schock.”
"Thank you, Mr. Speaker. I rise in support of Senate Bill 2477 not only as the Representative from Peoria, but also the past president of the Peoria School System. This 09400118.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 is a piece of legislation that is not only supported by our school board, but also our entire city council. And I certainly hope that we can have overwhelming, if not unanimous, support from this… this General Assembly. This really gives local control to our school board and to the Public Building Commission in Peoria. Right now, our Public Building Commission already has the authority to build libraries, to build prisons and jails, and we’re simply asking for that same authority be given back to our school system, which it has had for many years. All of the schools in our district in the recent history that have been built have been done so using the Public Building Commission. We have more inadequately housed students, according to state standards, more inadequately housed students in Peoria than any other school district in the state. I think it’s a shame right now that our Public Building Commission has the authority to house prisoners and jail inmates and give them adequate standards but we’re not giving that same authority to school children in our state. So, this only seems like common sense. I wanna thank Majority Leader Currie for her work on this Bill. It’s a commonsense piece of legislation, something that’s gonna really help Peoria. And I wanna say thank you to her for her willingness to take this cause on for the betterment of school children in Peoria. I urge a ‘yes’ vote.”
“Representative Moffitt.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.” 09400118.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“Representative, I have one question but I, too, rise in strong support of this legislation. It’s my understanding from committee, doesn’t the Chicago bui… Building Authority of Chicago already has this authority, is that correct?”
"I believe that’s right.”
“So, I mean, we’re really giving the same authority downstate as what has been enjoyed by a similar authority in Chicago.”
"I believe that is accurate.”
“Another thing about… To the Bill. Another thing about this, not only are we… of course, the first concern is children, trying to provide more adequate school buildings for the children, but there’s a added benefit of construction jobs that would be created with approval of this legislation, some very good jobs in the Peoria community. I think it’s very unusual, every Session we have people coming down to Springfield, rightfully so, seeking money and assistance. What this Bill does is we have the Peoria School District saying, ‘We have the money, let us use our own money.’ And what a novel twist that is. And I’m all for letting them use their money. It’d be nice if more units of government could come down and say we have the money, just let us use it. So it’s a great Bill, it’s one whose time has come. It’s the time to pass this out of here. I urge a strong ‘yes’ vote for it. Thank you.”
“Representative Currie to close.”
"Thank you, Speaker. I think good, strong arguments have been made. Please vote ‘yes’.” 09400118.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 89 voting ‘yes’ and 25 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Nekritz, you have Senate Bill 2570. Mr. Clerk, read the Bill.”
"Senate Bill 2570, a Bill for an Act concerning condominium property. Third Reading of this Senate Bill.”
“The Lady from Cook, Representative Nekritz.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2570 amends the Condominium Property Act to require the purchaser of a condomin… condominium unit at a judicial foreclosure sale and who takes possession of that unit or takes possession of that unit pursuant to a court order or a purchaser who acquires title from a mortgagee to pay six months of back due monthly assessments. Condominium associations and, therefore, the other unit owners lose thousands and thousands of dollars as a result of unpaid assessments that go through foreclosure sales. This legislation will protect the association and the other unit owners from having to cover the unpaid assessments of owners who are delinquent. Thirteen other states have a similar requirement and I ask for your support.”
“The Lady has moved for the passage of Senate Bill 2570. Is there any discussion? The Gentleman from McHenry, Representative Franks.” 09400118.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“Thank you, Mr. Speaker. To the Bill. I had a chance to speak with the Sponsor on this and we have a philosophical disagreement. I think it’d being the easiest way to… to say this. And I… this is very important piece of legislation because it fundamentally changes the foreclosure law in the State of Illinois. The Lady said that 13 other states do this, and that’s indicative of the 37 other states that don’t do it. And the reason they don’t do it is because foreclosure is to be done to extinguish liens. What this Bill will do, will… instead of extinguishing liens, it will create additional liens for a special class and it will adversely affect small business in the State of Illinois. Because what they’re saying is… I’ll give you a real-life example. There’s a first mortgage on the house done in 2000, then there’s a second mortgage done in 2001. After that, there’s a judgment against the owner of the house for $3 thousand, let’s say, by a small business person, and that’s recorded in 2002. Now, under Illinois law, first in time is first in right because whosever filed their lien should be able to get paid before. Then let’s assume in 2006, 4 years after there’s a judgment creditor, 4 years later the owner of the home falls behind on his or her mortgage and also simultaneously falls behind on his or her condo fees. As it is now, should there be a foreclosure, those inferior lienholders would not be able to cloud title. That means the subsequent purchaser would get it that way. But what this Bill would do is it would require a subseque… subsequent purchaser to pay the condo fees. This is a massive change of law rejected in 37 other states. And what 09400118.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 it really does is it puts a condo association, for no other reason except the fact that they happen to be a condo association, in a priority position over judgment creditors. So what they’re saying is your small business who gets a judgment against someone isn’t gonna be paid, they’re gonna be extinguished. But the condo association will get paid, which is absolutely wrong. And right now the condo association has the exact same rights as every other creditor. What this Bill would do, it would give them extraordinary rights in not-extinguished liens. I think it’s the wrong public policy, it’s the wrong way to go. They are protected right now under the law. And to give anyone a super priority status is absolutely wrong because it affects every business in the State of Illinois. I encourage ‘no’ votes.”
“Representative Dunkin.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
"She indicates she’ll yield.”
"Representative, I’m trying to get a sense of understanding here in terms of the priority as it relates to an individual who is acquiring a property by way of foreclosure, and yet they have to go back six months to pay up all of those other con… all of those other condo owners for six months. Is that true?”
“Representative, thank you. If… if there are delinquent condominium assessments, yes, the purchaser through a foreclosure would have to go back and… and make that up. And the reason we are doing that… and I would agree with the previous speaker that this is… that we are 09400118.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 making a change in public policy in Illinois, but we’re making that change in favor of the condominium… the other condominium owners who are not delinquent and who are currently picking up the cost associated with that delinquency.”
"So currently, Representative, if I purchase a property by way of foreclosure, let’s say a condo in this case, am I subject to paying other liens, such as assessment, such as water and gas and taxes from the attorney’s office as well?”
“Representative, if those other liens are per… if those other liens are perfected and are filed against… against the title of that property, yes, you would need to. And this would give the condominium association the opportunity to collect six months… it’s limited to six months… of back assessments, even if they had not filed that lien against the property.”
"Okay. So, again… It’s kinda noisy in here, Mr. Speaker.”
“Okay. Why don’t we give the Lady and the Gentleman debating the Bill our attention.”
"Again, I’m trying to clarify. So if I purchased a property… a condo, I would also have… in foreclosure, I would also have to pay six months in back assessments, is… that’s correct?”
“If they were, in fact, unpaid. Yes.”
"If they were not… if they were…”
“And, you… and, Representative, you would get notice of that before you purchase the property.” 09400118.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
"Okay. What’s the current status right now if I purchase a property in foreclosure, how does that actually work today?”
“If the condominium association had gone to the expense and the trouble to hire lawyers and file a claim for unpaid assessments, they… they might possibly be in a position to collect those, but there’d be no guarantee of that.”
"Okay. So, when it comes to a water bill or a gas bill or any other outstanding liens against an individual who has foreclosed on a property, or associated bills or prices that go along with that, are they obligated as well to pay those particular fees or liens on a particular property?”
“If those liens are perfected. I’m not sure that gas company and water company have the ability to do that under current law. But if there was a… ya know, as the previous speaker indicated, if there was a judgment creditor that had filed a notice against the property, that would have to be paid out of the… out of the proceeds of the property.”
"Okay. Are there any comparable states that do this type of legislation?”
“Representative, I’ve indicated that there are 13 states that do this. And I have been frantically this morning trying to track down that list and I’ve been unable to find the list of 13. But I know that the… there’s… I’ve been told that there are 13 states that do this.”
"Okay. So, currently, right now, if I’m a condo owner and someone forecloses on their property, at this point I’m just stuck with their assessment fees or I pick up their 09400118.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 costs, myself and other condo association members, and we’re left on hold?”
“I’m sorry, Representative, could you repeat the question?”
"Currently, if a property forecloses in a condo association and obviously, I’m not paying assessments… or that individual’s not paying assessments… that association assumes the fees or picks up the fees for that particular condo association.”
“In… in most cases eats the cost of that, correct.”
"Okay. So how they’ve made whole if a property… if it’s foreclosed and there’s no… and an individual purchases that property…”
“It’s my underst…”
"…and then they don’t pay the assessment today? They’re not obligated, correct?”
“Correct. Correct.”
"Okay.”
“Unless they’ve perfected that lien, which in most instances is way too expensive and way too cumbersome for them.”
"Okay. Thank you, Representative.”
“Thank you.”
“Representative Scully.”
“Speaker, I’d like to yield my time to Representative Franks.”
“I’m sorry, I didn’t hear who you were yielding your time to, Representative. To…”
“Franks.” 09400118.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“…Representative Franks. Okay. Representative Franks.”
“Thank you, Speaker. Speaking with Representative Scully, we thought of two other arguments that I think would really hopefully persuade you to vote ‘no’ on this Bill. This Bill, should it pass, would also increase the rate of foreclosures for this reason, the condo assessments would be placed… would give a mortgage holder the same reason to go forward on a foreclosure if they’re delinquent. It would make it a delinquent event for the mortgage holder. And more importantly because… more… because it’d be just like real estate taxes. But here’s the further downside on this Bill. This Bill would give priority over owed real estate taxes. Because when you go to a foreclosure right now, if you are the purchaser, if you are the first lienholder, the bank, you do not have to pay those taxes. The subsequent purchaser can, but that lien remains. What they’re saying here is this has a priority over real estate taxes. It is the wrong public policy. Please vote ‘no’.”
“We’ve had three speak in response. Repre… Does anyone wish to speak in support? Representative Hamos.”
“Thank you. Ladies and Gentlemen, this is a public policy question, and I think the previous speaker has tried to position it this way. Look, the issue here is that within a condo building there are other condominium owners. They were not responsible for the delinquency, they didn’t cause the foreclosure, but they as an association are responsible for paying the operating expenses and 09400118.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 maintenance costs associated with that building. It’s not their fault that there’s a foreclosure, but they’re going to have to eat the costs, the other owners. So if you picture a very large condo building, not a problem, maybe. If you think about a 15-unit building, one goes into foreclosure, they haven’t collected the condo assessment in six months or a year, this at least allows them to recoup that because that’s going to be requi… that was involved in setting the budget for the condo association in the first place. There are costs to operating that building and the rest of the unit owners are going to end up paying the cost for the delinquency. That is the public policy debate here. So, this is a fair public policy. Yes, it does have the legal impact that the previous speaker was talking about, but it’s a fair public policy because they went into the condo building equally responsible for paying for the costs of operating that building. That’s why this Bill deserves an ‘aye’ vote.”
Speaker Hannig: “We’ve had two speak in favor, three in opposition and response. The rule book provide one additional speaker in favor. Representative Molaro.”
“Yes, thank you. Well, I understand if you’re against the Bill. Ya know, if you come up with some good arguments. I’ve been here enough, 10 years a Minority in the Senate. Can certainly argue against a Bill if I needed to, certainly argue for it. I guess basically why I think this is a good idea is for those people who buy condos… if there are younger people buying condominiums… most of all, certain people, whether you buy a condominium or a car 09400118.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 nowadays, I don’t think they go in there and ask what the price of the car is. I don’t even think they even care what the price of the condominium is. They actually ask, ‘Okay, when I’m done, how much do I have to pay every month?’ What the price is is almost immaterial. What do I have to pay? So whether it’s 500 a month, 600 a month. And that includes assessment, taxes, insurance, and your mortgage payment. Now, if all of us back here… I’ll use an example… if all of us back here in catfish row, eight of us, we buy an eight- unit condominium building. We each buy one. Say the assessments are $200 each and every month. And it turns out that for five or six months, John Bradley becomes a deadbeat and doesn’t pay… and he doesn’t pay his 200. Now, he goes to foreclosure. Now, at the end of the foreclosure what happens is there’s still $12 hundred that hasn’t come for the last six months to be paid on his unit. So, we have two choices. Do we make it easy for us to collect it from the new owner and put it right there that the new owner must pay it, or should the rest of us have to pay for what John Bradley didn’t pay? Now, people are out there paying 5, 6 hundred a month and you come up to them and say, ‘Oh, by the way, we have a new buyer but he’s not gonna be responsible. We have to pay for it.’ Doesn’t seem to make sense to me. It’s seems to make sense to me whether it’s your foreclosure or you’re a new buyer, if you’re gonna come up and buy it you can’t lay it on the other condo owners. You’re buying it, you know full well that it should be paid. It should be paid by that unit, whether you’re a new buyer, old buyer, or foreclosure. The person who has that unit should pay for 09400118.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006 it. And I think this is good law. Seventeen or 15 other states are doing it. They understand that it’s important. And in this day and age, when people just care about what their mortgage payment or monthly payment is, I think we’re really hurting them. And it should be the new person who pays for it, not the whole condo association.”
“So, we’ve had three speak in favor, three in opposition. And the Chair will now recognize Representative Nekritz to close.”
“Thank you, Mr. Speaker. Ladies and Gentlemen, I do think this is a question of public policy. And it is a shift of public policy for the State of Illinois, but I… it’s a good shift. It would… it provides… as the previous speakers have said, it provides additional protection for all the other unit owners that are in a condominium with a delinquent unit owner. But we’re not making it open-ended. We are limiting it to… to only six months prior to… prior to the new purchaser coming in. So I think we tried to accommodate both sides on this. There was no opposition to this Bill through… as it came through committee. And again, this is a protection… and to say that 37 other states have rejected I… rejected this I think is an overstatement. Many states don’t really utilize the condominium form of ownership at all, it tends to be in the larger states. It tends to be in Florida, in Arizona. And… and those states are much more progressive in terms of their… of addressing the concerns of unit owners in law. So, I think this is a good public policy for the state to adopt and I urge your support.” 09400118.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/11/2006
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 61 voting ‘yes’ and 50 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative… Mr. Clerk, read the Agreed Resolutions.”
"Agreed Resolutions. House Resolutions 1182 and 1183, offered by Representative Phelps. House Resolution 1186, offered by Representative Granberg. House Resolution 1187, offered by Representative Rose. House Resolution 1189, offered by Representative Bellock. House Resolution 1190, offered by Representative Flider. House Resolution 1191, offered by Representative Jakobsson.”
“Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Agreed Resolutions are adopted. I would hope that everyone had an opportunity to pick up the schedule for next week. Are there any announcements? Then Representative Currie would move that… move that, allowing perfunctory time for the Clerk, that the House stands adjourned until tomorrow, Wednesday, April 12 at the hour of 10 a.m., 10 a.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Motion is adopted and the House stands adjourned.” 09400118.doc 40