"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 Lee Crawford, the Pastor of the Cathedral of Praise Christian Center in Springfield."
"Let us pray. Most gracious and most kind God, who art the author and the finisher of our faith, we pray that You would bestow Your most precious blessings upon this august Body, Your blessings upon its Leader, Your blessing upon all of its Members, Members that You've chosen, chosen to serve here. May they serve in Your wisdom. May they serve in Your grace. May they serve in Your compassion. May we serve according to Your greatest commandment. First, that we love You, second, that we may love our neighbors, even as we love ourselves. This we pray in Your Son's name. Amen."
"Amen. We shall be lead in the Pledge of Allegiance by Representative Harris."
"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."
"Before we go to Roll Call, I would suggest that we observe a moment of silence in memory of those who lost their lives at Virginia Tech yesterday. Thank you. Roll Call for Attendance. Representative Currie." 09500036.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Thank you, Speaker. Please let the record show that Representatives Boland and Patterson are excused today."
"Mr. Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representatives Mulligan, Froehlich, Jerry Mitchell, and Dunn are excused today."
Speaker Madigan: "Let the record reflect those excused absences. The Clerk shall take the record. There being 110 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on April 17, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 811. Representative Rich Bradley, Chairperson from the Committee on Personnel and Pensions, to which the following measure/s was/were referred, action taken on April 17, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bill 1231; 'do pass as amended Short Debate' House Bill 1974 and Senate Bill 377. Introduction of Resolutions. House Resolution 279, offered by Representative Holbrook. And House Joint Resolution 46, offered by Representative Will Davis. These Resolutions are referred to the House Rules Committee."
"Mr. Black. Mr. Black, did you wish to call House Bill 1382 on the Order of Third Reading? 1382. Take that Bill out of the record. Mr. Durkin, did you wish to 09500036.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 call House Bill 1671? The Bill is on the Order of Third Reading. Mr. Clerk, read the Bill."
"House Bill 1671, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Thank you, Mr. Speaker. House Bill 1671 is an initiative of the DuPage County Forest Preserve District. This will allow the DuPage Forest Preserve District the ability to sell property to a private vendor. Right now, they don't have the ability to sell property… they can only sell property to a… a member of the public or a public entity. This will allow them to sell outlots in a certain preserve area in the DuPage Forest Preserve District. I stand ready to answer any questions."
"The Gentleman moves for the passage of the Bill. There being no 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? Have all voted who wish? The Clerk shall take the record. On this question, there are 108 people voting 'yes', 2 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Eddy, did you wish to call House Bill 592? 592. Mr. Clerk, read the Bill."
"House Bill 592, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. Eddy."
"Thank you very much, Mr. Speaker. This Bill has been amended and the Amendment basically allows the law enforcement officer to use a saliva test to test for drugs 09500036.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 on an individual who's been involved in an accident with injury. And I would appreciate favorable consideration."
"The Gentleman moves for the passage of the Bill. There being no 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? Have all voted who wish? Has Representative Younge voted? The Clerk shall take the record. On this question, there are 110 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Fortner, did you wish to call House Bill 1080? Take the Bill out of the record. Mr. Hassert. Representative Lindner. Lindner. Did you wish to call House Bill 3022? Mr. Clerk, read the Bill."
"House Bill 3022, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Lindner."
"Thank you, Mr. Speaker. Kane County last year got a grant for a mental health court and there is a committee… statewide committee of judges that have been working on a protocol for mental health courts throughout the state if any county should wish to have mental health court. And that's what this Bill does, it sets out the protocol."
"Representative Lindner, the Clerk indicates that there's an Amendment filed to this Bill but not yet adopted."
"Oh, all right. I guess we have to move this back to Second then…"
"Very good." 09500036.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"…to adopt the Amendment. Thank you."
"So, Mr. Clerk, put the Bill on the Order of Second Reading. And Mr. Clerk, are there any Amendments?"
"Floor Amendment # 1, offered by Representative Lindner, has been approved for consideration."
"Representative Lindner."
"Yes, I would move that the Amendment be adopted."
Speaker Madigan: "The Lady moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments have been approved for consideration."
"Put the Bill on the Order of Third Reading. Representative, our normal policy is to take one day off after we adopt an Amendment, so I would suggest we come back to it tomorrow."
"Thank you, Mr. Speaker."
"Okay. Thank you. Mr. Moffitt, did you wish to call House Bill 1921? Mr. Clerk, read the Bill."
"House Bill 1921, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Moffitt."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1921 would provide a fund… establish a fund for local fire departments to get grants from the state for small equipment. It also would increase funding for that 0 percent fire truck loan that we've passed and the new 0 percent Ambulance Fund. There's 09500036.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 no opposition to this Bill. I just want to mention one thing on the fire truck loan. The original ten million dollars ($10,000,000) that was appropriated in the 0 percent loan, there were two hundred and thirty-five (235) applicants, sixty-three (63) were approved. And there were about five or six times the number of applicants as what we had money to do. This would designate the equivalent of one cent ($.01) of the current ninety-eight cent ($.98) cigarette tax, the current tax, the existing tax to go into this fund. Nationally, the figures… the latest figures I had that were twenty-five thousand (25,000) fires caused nationally that careless use of smoking material. That's the reason for designating one penny of the existing tax. Be happy to entertain any questions you might have."
"The Gentleman moves for the passage of the Bill. There being no discussion, 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 109 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Myers. Rich Myers. Representative Poe, did you wish to call House Bill 412? Mr. Clerk, read the Bill."
"House Bill 412, a Bill for an Act concerning education. Third Reading of this House Bill."
"Mr. Poe."
"Yeah, what we have here is a tax equivalent Bill that what it pertains to is a lot of school districts all over the State of Illinois that's lot of times located in the 09500036.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 university cities or, in my case, the Springfield School District located in the State Capitol, has a lot of state property, and this would be tax equivalent grants and I think the key to this is subject to appropriations. I'd ask for an 'aye' vote."
"The Gentleman moves for the passage of the Bill. There being no discussion, 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 109 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Ramey. Ramey, do you wish to call House Bill 1864? Mr. Clerk, read the Bill."
"House Bill 1864, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. Ramey."
"Thank you, Mr. Speaker. What House Bill 1864 does is to clarify some language when the Bill was rewritten for fire protection districts they were left out of DUI conviction charges at one thousand dollars ($1,000) on accidents with snowmobiles and other vehicles. So, I would ask for an 'aye' vote."
"The Gentleman moves for the passage of the Bill. There being no 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 110 people voting 'yes', 0 voting 'no'. This Bill, 09500036.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 having received a Constitutional Majority, is hereby declared passed. Mr. Reboletti. Reboletti, do you wish to call House Bill 3621? Mr. Clerk, read the Bill."
"House Bill 3621, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Mr. Reboletti."
"Thank you, Mr. Speaker. All this Bill seeks to do is simple cleanup language that makes a code the same as the Supreme Court Code also. I'll entertain any questions."
"The Gentleman moves for the passage of the Bill. There being no discussion, 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 110 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Hannig in the Chair."
Speaker Hannig: "Representative Feigenholtz, you have House Bill 3446. Would you like us to read that Bill? Out of the record. Representative Flider. Representative Currie on House Bill 1509. Representative… Representative Currie. Representative Ford, you have House Bill 1361. Would you like us to read that Bill? Do you wish us to read that Bill, Representative? Do… Representative Ford, do you wish us to read this on Third?"
"No, I have an Amendment that will be offered. So it… no, not now." 09500036.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Okay. So, do you need to hold the Bill for an Amendment?"
"Hold the Bill, yes."
"Okay. So we'll take it out of the record. On the Order of Third Reading, Representative Currie has House Bill 1509. Representative Black, for what reason do you rise?"
"Thank you, Mr. Speaker. Inquiry of the Chair."
"State your point."
"On the previous Bill by Representative Ford, I believe it was 1361. Should that Bill not be moved back to Second Reading? Our notes indicate that he agreed to hold that on Second for an Amendment to be prepared or agreed to by the Realtors Association."
"So, Representative Ford, the question is on your Bill, 1361, do you need to… do you wish to move that back to Second? Yeah. Okay. So, Representative Black…"
"Thank you."
"Thank you. So we'll move that. Mr. Clerk, let's move House Bill 1361 back to the Order of Second Reading. And now, Mr. Clerk, would you read House Bill 1509."
"House Bill 1509, a Bill for an Act concerning human rights. Third Reading of this House Bill."
"Representative Currie."
"Thank you, Speaker and Members of the House. This is a measure very similar to one that we adopted two (2) years ago. It would provide for people who are filing complaints with the Department of Human Rights the chance after that 09500036.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 complaint has been considered by the department either to pursue a claim in the Human Rights Commission or go to circuit court. This is the pattern in thirty (30) other… thirty-eight (38) other states. This would not allow somebody two (2) bites at the apple. They would have to make the determination to go to the commission or to go to court. In addition, it would correct an error of several years ago in which appeals of the department's decisions would have to be filed with the department, rather than in the commission. I believe the vote on this measure 2 years ago was unanimous. I'd be happy to answer your questions and I'd appreciate your support."
"The Lady has moved for the passage of House Bill 1509. And on that question, the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Would the Sponsor yield?"
"She indicates she'll yield."
"Representative, as I understand this, this allows a party to go to a circuit court before they have a finding or perhaps even an investigation at the Department of Human Rights."
"No, this would allow somebody to go to the circuit court after a determination by the department. Today, they could go to the commission or they could go to circuit… they could go to the commission. This would not allow them to go to the commission and then to circuit court, but it would allow them to make a choice at that point. So this is just the… this measure is perfectly okay with the 09500036.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 department and with the commission. And as I say, we are adopting a model that currently applies in thirty-eight (38) other states."
"Well, does it not in fact state that a civil action arising under the employment article, may be commenced three hundred and sixty-five (365) days after the filing of a charge with the department, regardless of the department's findings, if any?"
"And the reason for that and the reason the department does not oppose this Bill is because sometimes there are such delays that a plaintiff can become ill and can die during the pendency of an investigation. The three hundred sixty-five-day limit is important because it ensures that the department will continue to get reimbursement from the Federal EEOC for its activities. But as I say, this has the support, the approval of the department as well as of our Human Rights Commission. And I believe, Representative, you voted for a similar, slightly different, Bill two (2) years ago. But the principle has not changed."
"Well, I'd… I'd rather be right than consistent. But I… I appreciate your remarks. Mr. Speaker, to the Bill."
"To the Bill."
"The… the Illinois Human Rights Act provides an administrative resolution to an issue of employment discrimination, and it's designed to do that to avoid the cost of litigating. Now, since some protection under the Department of Human Rights apply to all employers, regardless of their size, the cost of litigation in this 09500036.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 area could be devastating to a small business, let's say one under ten (10) employees. That's why I think the Employment Law Council and the Illinois Chamber stand in opposition. We… we have a procedure to avoid litigation, now we're coming in with a Bill that says, well, if the administrative hearing isn't wrapped up within three hundred… excuse me, three hundred and sixty-five (365) days, you can then pursue litigation. I think that's a duplicative effort. I stand in opposition of the Bill."
"So we're going to move this to Standard Debate to accommodate some of the Members who wish to speak. And Representative Monique Davis, you're recognized for 5 minutes." Davis, M.: "Thank you, Mr. Speaker. I don't see the Department of Human Services or the commission as proponents of your Bill."
"They're… as far as I know, they are." Davis, M.: "They are?"
"I believe that they are, Representative." Davis, M.: "They're not… they're not listed as proponents and I just wondered why."
"We worked with the department and with the commission in drafting this Bill, so that they should not have any problems with it." Davis, M.: "Are we giving them more time to file their complaints or are we reducing their time?"
"No, the… time period for filing a complaint does not change with this Bill. But there are some people who have had claims before the department and the commission and 09500036.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 those claims sometimes almost outlast the individual, a person who was the victim of race discrimination or other kinds of employment discrimination. And sometimes the time that it takes to consider the case lasts as long as the life of the individual who filed the complaint. So what we're trying to do here is to bring Illinois in line with what happens at the federal civil rights level and what happens in thirty-eight (38) other states so that should things bog down the plaintiff has the opportunity to find another venue so that that race discrimination or gender bias can be corrected." Davis, M.: "So they could go to the court. Is that correct?"
"They could go to the commission or they could go to court. They could not go to the commission and then go to court. They have to make a choice." Davis, M.: "So they cannot go to the commission and then decide to go to the court."
"It leaves the opportunity that the call up to them. Today they do not have the right ever to go to court. And unfortunately, sometimes the delays are such that by virtue of the delay they've lost their day, as we say, in court." Davis, M.: "Well, you know, I'm really… I'll be honest and tell you, Barbara, I haven't read this. And I'm really concerned that… how will the plaintiff know that they have ninety (90) days to file this or sixty (60) days to file that? Or that if they go…"
"They already…" 09500036.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Davis, M.: "Or if they go to the commission first, they can't go to court. Where will they be provided this information?"
"They'll be provided that at the hearing before the department, that's currently the law. For example, they wouldn't automatically know they could go to the commission under today's statute unless somebody shared that information with them." Davis, M.: "Okay. To the Bill, Mr. Speaker."
"To the Bill." Davis, M.: "I believe this is just legislation. I think Harold Washington was the Legislator who put in the Bill for Human Rights Commission and the Human Rights… so we… we certainly appreciate the Lady's opportunity to even further the rights of people in filing complaints in the State of Illinois. And we thank you for this legislation, Representative."
"Representative Durkin, you have 5 minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?
"She indicates she will."
"Representative Currie, is a… an agreed party, are they prohibited from filing a complaint with the EEOC if they proceed in the state courts under the state human rights violation?"
"If you prevail in the… in the state hearing… are you asking, if you prevail, does that preclude you from going to the EEOC?"
"I think I'm just more interested… can you file contemporary… contemporaneous complaints, one in the EEOC 09500036.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 and one in the state Department of Human and Rights? 'Cause under the EEOC you need to get a letter to sue, I believe, before you can proceed with a lawsuit. Or can you… can you file the per… you know, contemporary complaints?"
"Yeah. I think you make a decision early on whether you're going to go to the state remedy or the EEOC."
"But there's nothing…"
"Now if you go to the EEOC you can get a letter that gives you the right to go to court. Today, under Illinois law, you don't have that opportunity if you pursue the state oppor… opportunity. But I would say for many plaintiff, particularly pro se plaintiffs, I think coming to our Department of Human Rights is definitely an advantage."
"I was just recently told that if you do file a complaint with the Department of Human Rights, the Department of Human Rights will file… this is through my staff… will file on your behalf a complaint with the EEOC. Are you aware whether or not that is a practice or if that's law?"
"I don't… I don't think that is right."
"All right. Thank you very much."
"Any further discussion? Then, Representative Currie, you're recognized to close."
"Thank you, Speaker and Members of the House. This is a matter of… of making sure people have their right to their day in court before they're… before they haven't the opportunity to enjoy the fruits of their efforts. As I 09500036.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 say, there's… the department and the commission are not at all opposed to this idea and it is one that follows the rules in thirty-eight (38) other states. I'd appreciate the same Roll Call I had two (2) years ago, and that, as I say, was just about unanimous. So, please vote 'yes' on House Bill 1509."
"The question is, 'Shall House Bill 1509 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 73 voting 'yes' and 37 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Fritchey for an announcement."
"Thank you, Speaker, Members of the Body. Over the years, we're all fortunate enough to celebrate a number of milestones in our life. One of our colleagues and a dear friend to many of us had such a milestone over the weekend. Please join me in wishing Representative Harry Osterman a belated 40th birthday."
"Representative Arroyo, do you wish us to read House Bill 1078? No? Okay. Representative Chapa LaVia, do you wish us to read House Bill 3393? Mr. Clerk, read the Bill."
"House Bill 3393, a Bill for an Act concerning fees. Third Reading of this House Bill."
"Representative Chapa LaVia."
"Thank you, Speaker and Members of the House. This piece of legislation was brought to me by the domestic 09500036.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 violence associations and what it does, it creates two new programs that… that put together two new grants for individuals seeking help with legal fees when it comes to domestic violence to help the spouse take care of costs to help with anything from divorce to children's custody and things of that matter."
"This is on the Order of Short Debate. Does anyone stand in response? Representative Lindner."
"Thank you, Mr. Speaker. Will the Sponsor yield?
"She indicates she'll yield."
"Could you say again as to what funds this will be added? I mean, what filings this will be added to."
"I'm sorry?"
"The filings. What… is this only going to be domestic violent cases, in family law cases, or to all civil cases?"
"No, this is only dealing with domestic violence cases and the legal prosecutions that happen under that field. And this piece of legislation was a… its the main initiative for the Illinois Coalition Against Domestic Violence."
"All right. And do you know what this raises the total fees to then for that filing?"
"It's a five dollar ($5) increase for fees for marriage license. It's twenty dollars ($20) right now so it raises it to twenty-five dollars ($25). And then any of the civil marriages, it raise the fee five dollars ($5), also."
"Okay. Thank you very much."
"You're welcome. Thank you." 09500036.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
Speaker Hannig: "Is there any further discussion? Then Representative Chapa LaVia to close."
"Thank you. And I hope to get the support of the General Assembly."
"The question is, 'Shall House Bill 3393 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flider and Munson. Okay, Mr. Clerk, take the record. On this question, there are 86 voting 'yes' and 24 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hassert, you have House Bill 3406. Do you wish us to read that Bill, 3406? Mr. Clerk, read the Bill."
"House Bill 3406, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Hassert."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This simply reenactivates (sic-reactivates) the school construction program required by the State Board of Education. This passed last year unanimously. I'll be happy to answer any questions. Thank you."
"This is on the Order of Short Debate. And in response, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?
"He indicates he'll yield."
"Representative, why do we need this Bill?"
"I guess we need to re… have the state board reactivate the school construction program to recertify the 09500036.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 people that were on the program before. We haven't done that for a while."
"Do we need to pass a Bill to do this? I would think if they were already certified before that they would maintain their priority, wouldn't they?"
"Apparently, two hundred seventy-three (273) have been applied, but have not been processed. Everybody just wants to know where they stand within the applications."
"When was the last time we had these grants, if you know, for the school construction?"
"2003."
"And at that time, there was a list of those schools who were eligible. Are they still on the list?"
"Yeah. Apparently, we still have an FY '02 list that hasn't… there's a remaining FY '02 list that have not been funded."
"So those, I presume…"
"They'll still be… they'll still be in the priority. Yes."
"Right. And they would probably be the highest priority. And then the new ones, you're looking for the two hundred seventy-three (273) that have applied since the Fiscal Year '02 so they can be ranked. Is that what the Bill's trying to do?"
"Yes."
"Perfect. I think it's a good Bill and I stand in support. Thank you."
"Thank you."
"Representative Hassert to close." 09500036.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"I ask for an 'aye' vote. Thank you."
"The question is, 'Shall House Bill 3406 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative D'Amico, for what reason do you rise?"
"Thank you, Mr. Speaker. I'd like to be recorded as a 'yes' on House Bill 1921."
"The… the record will reflect your intentions, Representative."
"Thank you."
"And on House Bill 615. Mr. Clerk, would you read the Bill."
"House Bill 615, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Representative Dunkin."
"Thank you, Mr. Speaker and Members of the House of Representatives. House Bill 615 simply allo… requires a individual to receive a court order to acquire juvenile records instead of a civil subpoena. And I would ask for a favorable vote."
"This is on the Order of Short Debate. Does anyone stand in response? Then the questions is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative 09500036.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Harris, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bill Mitchell, for what reason do you rise?" Mitchell, B.: "Thank you, Mr. Speaker. I rise on a point of personal privilege."
"State your point." Mitchell, B.: "Over… I'd like to introduce the Illinois House, over on the Democratic side, all those young people, those bright, good-looking, young people are from… stand up, folks… are from Tremont, Illinois, up in Tazewell County near Pekin, and they're coming down there, four classes in fourth grade. Let's give 'em a big Springfield welcome."
Speaker Hannig: "Welcome to Springfield. Representative Flider, you have House Bill 3586. Mr. Clerk, read the Bill."
"House Bill 3586, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Flider."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3586 creates the Sex Offender Investigation Fund and imposes a new fine of five hundred dollars ($500) on every person sentenced for a sex offense. This legislation was brought to me by the Macon County State's Attorneys Office and the Decatur Police Department who have been working on sex offender investigations. The legislation also requires that one hundred dollars ($100) of the five hundred dollars ($500) be deposited into the… 09500036.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 or be provided to the state's attorney and the investigative authorities in the county where the crime was committed. I'd ask your support."
"This is on the Order of Short Debate. And in response, Representative Eddy."
"Thank you very much. Will the Sponsor yield?
"Indicates he'll yield."
"Very quickly, same question I normally have when funds are being created. Have you inserted language, Representative, that would protect this from a sweep, chargebacks, et cetera? I mean, 'cause I… I'm not arguing at all with the motive and the reason for it. I'm just wondering if this is protected."
"To my knowledge, Representative, we did not put any language in there that would prohibit a sweep of this fund."
"Okay. My… my next question is one that I don't know if you're even prepared to answer. But would you consider… or would you commit to putting that language in if this Bill were to get out of here and be in the Senate? I think that's your intent, you want the money to go for the intended purpose."
"I certainly wouldn't have any problem with that. You know, I… I feel that this would not be an issue and it would not be a problem because, quite candidly, what this legislation states is there's a five hundred dollar ($500) fine and that those funds go toward sex offenses… sex offense investigations, one hundred dollars ($100) goes back to the local investigating and prosecuting authority. 09500036.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 So, I don't perceive that anybody's going to want to dip into that kind of fund, but I certainly wouldn't have any objection in the Senate if they were to want to put that language in there."
"Yeah, well, I wish I shared your beliefs in the fact that maybe there wouldn't want to be someone. I think you and I have both been surprised at times of some of the funds that had chargebacks or that type of thing. And I agree, it would seem to me a particularly egregious thing to do, but it… I think we've been a little bit alarmed before. So I appreciate that. If you would make that commitment, I certainly could support the concept of this. Thank you."
"Yeah, I don't see any problem. I would just point to the section of the Bill that says that monies in the Sex Offender Fund shall be used by the Department of State Police to investigate alleged sex offenses and to make grants to local law enforcement agencies. I think it's pretty clear that that money has to be used for that purpose."
"Well, again, I… I wish that were the case. I would just say that, specifically, to have that protected there is language that has been inserted in other legislation that specifically… for example, the Retired Teachers Health Insurance Fund, which I also would've thought there's no way they would've gone into that one, and they did. There is specific language now being inserted in those Bills and I would only recommend that that language be used to make 09500036.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 sure that your intent is honored and… and what we want to do here actually gets done with that money."
"And I will actually talk to the Senate Sponsor about this leg… about this discussion."
"So you'll talk to 'em… are you committed to the language or… or working with him? I just want to make sure I'm clear on your…"
"My… my goal and objective is to pass this law and give law enforcement the funds that it needs to fight… those who investigate and arrest those who commit sex offense. That's my goal and that's my objective and that's my ultimate outcome that I want to see here with this legislation. Now, having said that, you know, if… if the Senate Sponsor wants to embellish the legislation and put that language in the Bill, I certainly would have no objection to that. But I don't think that ought to be a condition to us putting this on the Governor's desk."
"Okay. So I think my answer is 'no'. You're not going to put that language in there. And I respect that. I mean, that's your… your decision. But based on that and based on the funds that are swept and some of those more egregious chargebacks and raids, it would be difficult… and the only problem I have is the fact that that guarantee wouldn't be there. But I appreciate your candor."
"Well, it's not that I guarantee… I… you know, you didn't ask me if I'm bringing the Bill back to Second Reading to put in an Amendment. That could've done… been done on the committee. That could've been done some other place. And I know that we constantly have these debates, 09500036.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 and I certainly understand how you feel about that. But this is a good Bill. This Bill is designed to stop sex offenders from committing crimes against people and helping law enforcement fight that. That's what this Bill is all about."
"And I just want…"
"And I also would suggest that…"
"I want you to be able to make sure that happens with the money, that's all."
"I agree. And I can tell you that, you know, I will certainly be diligent at the end of every Session to make sure that, you know, when his budget has passed that no funds would be swept out of that budget if that language is not included. But having said that, if the Senate Sponsor would like to include that, I would certainly want to concur over here."
"Thank you again for you candor and I appreciate your answer. And once again, I'm looking for more of an absolute guarantee, but I understand your position on it."
"Representative Lindner."
"Thank you, Mr. Speaker. Will the Sponsor yield?
"He indicates he'll yield."
"Yes, Representative, does this apply to all counties in the state?"
"Yes, it does."
"And, as… I think your Bill, with the Amendment… first of all, this Sex Offender Investigation Fund will go to the Department of State Police?"
"That's correct." 09500036.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"And then they will decide what grants to give."
"They will make the grants based on… that's correct. So they would make grants to law enforcement agencies. But in addition, the court would remit one hundred dollars ($100) from each fine to the local law enforcement authority and state's attorney in the county where the offense was prosecuted."
"How will the State Police decide to which counties to give the grant?"
"Well, I think that there probably would be some rules and regulations that would need to be promulgated or some kind of process would need to be set up."
"All right. But those are going to be rules established by the State Police, right? We… we as the Legislature don’t have anything to do with finding out where these grants are going to go."
"Well, I think we, as Legislators, certainly want to do what we can to help law enforcement fight crimes. And one of the things that I learned as being a mayor and certainly being a State Legislator is that we need to depend on the expertise of those who are involved in law enforcement to tell us where some of those dollars should be going and where the need is the greatest. So, I would suggest to you that actually the State Police would be a… a very good place to make those decisions and come up with the rules so that they could determine, based on need or based on a good grant application or a good proposed investigative program in a county where law enforcement authorities need some 09500036.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 help, they could be the best organization to make those decisions."
"Okay. Does this apply to misdemeanor sex offenses also?"
"Yes, it does."
"And the one hundred dollars ($100) of each that's going to be sent to the state's attorney in the county, then… then does that state's attorney decide which local law enforcement agency should get the money?"
"The… in the case of the investigations that occur in… in Macon County… it's the Decatur Police Department and the Macon County State's attorney which came up with this proposal. But in the case of… the way this legislation is drafted, this could go to either/or, the state's attorney or the law enforcement agency that investigated the offense."
"Okay. And what if there were several law enforcement agencies involved? Would that money be divided or would it… who would it go to then?"
"Well, I believe that… in the county where the offenses would be occurring, that they would be perfectly able to determine how best to apportion those funds."
"Okay. All right. Thank you very much."
"Repre… Representative Flider to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation is something that, again, came to my attention… was suggested by law enforcement authorities and prosecution in Macon County in Decatur, Illinois. This is legislation that will enable our law enforcement 09500036.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 authorities to make sure that the they are… they have the funds to prosecute those who would be preying on our children and who'd be creating dangerous situations in neighborhoods where we live. And so, this legislation is designed to help protect citizens. It's a good piece of legislation and certainly would encourage your… encourage your 'aye' vote. Thank you."
"The question is, 'Shall House Bill 3586 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 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rose, for what reason do you rise?"
"Point of personal privilege, Mr. Speaker."
"State your point."
"Ladies and Gentlemen, Representative Flider and I are very pleased to have some visitors today in the House, some ladies from Illinois's Amish community located in Moultrie, Douglas, and Coles County, they're right here. If we could, welcome them to Springfield."
"Welcome to Springfield. Representative Myers, you have House Bill 291. Do you wish us to read that? Okay. That's out of the record. Representative Graham, you have House Bill 731. Do you wish us to read that Bill? 731. No? Okay. Out of the record. Representative Crespo on House Bill… do you wish us to read House Bill 1434? Okay. Out of the record. We're going to do a few Second 09500036.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Readings. Before we do that, Mr. Clerk, would you read the Rules Report."
"Rules Report. 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 17, 2007, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #1 to House Bill 384, Amendment #3 to House Bill 652, Amendment #2 to House Bill 1529, Amendment #2 to House Bill 1784, Amendment #1 to House Bill 1958; 'recommends be adopted' is House Resolution 169."
"So, we're going to do a few Second Readings. And the first we'll do is House Bill 985. Representative Beiser, do you wish us to read that Bill on Second? Mr. Clerk, read the Bill."
"House Bill 985, a Bill for an Act concerning employment. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. All notes have been filed."
"Third Reading. Representative Beaubien, you have House Bill 1558. Mr. Clerk, read the Bill."
"House Bill 1558, a Bill for an Act concerning revenue. Second Reading of this House Bill. No… Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Bellock, you have House Bill 3455. Do you wish us to read that Bill? 09500036.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Should we read that Bill? Should we move it from Second to Third? Okay. So, Mr. Clerk, read the Bill."
"House Bill 3455, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
Speaker Hannig: "Third Reading. Representative Bradley. Representative John Bradley on House Bill 1956. Do you wish us to read that and move it from Second to Third? Okay. Out of the record. Representative Rich Bradley on 473. Mr. Clerk, read the Bill."
"House Bill 473, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Fritchey, has been approved for consideration."
"Representative Fritchey on the Amendment. On the Amendment, Representative Fritchey. So we'll take this out of the record and come to back to it in a few minutes. Representative Bost, you have House Bill 151. Do you wish us to read that? Mr. Clerk, read the Bill."
"House Bill 151, a Bill for an Act concerning wild life. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendments 2 and 3 have been approved for consideration, offered by Representative Bost."
"On Floor Amendment #2, Representative Bost, what's your… what's your recommendation?"
"Thank you, Mr. Speaker. If you'll give me just a moment here."
"I'm sorry, I didn't hear what your…" 09500036.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Mr. Speaker, just give me a moment to look at the Amendment."
"Clerk indicated that Amendments 2 and 3 were both approved, Representative Bost."
"Yes. Mr. Speaker, I believe we need to table Amendment #2 and pass Amendment #3."
"Okay. So we'll withdraw Amendment #2."
"Yeah."
Speaker Hannig: "And, Mr. Clerk, are there any further Amendments?"
"Floor Amendment #3, offered by Representative Bost, has been approved for consideration."
"And on the Amendment, Representative Bost."
"The Amendment #3 was a modification that was requested by the… the agency to make sure that we can actually implement this correctly. It basically says that to do this those veterans would have to come to Springfield to get the free… or free hunting license. And…"
"The Gentleman has moved for the adoption of the Floor Amendment. Is there any discussion? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Now we're going to return to House Bill 473, Mr. Clerk. And what is the status of that?"
"House Bill 473, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee 09500036.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Amendments. Floor Amendment #1, offered by Representative Fritchey, has been approved for consideration."
Speaker Hannig: "The Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker, Members of the Body. House Bill 473 has to do with transparency in tracking state funding. This Amendment is at the request of the Illinois Retail Merchants Association which exempts out funding that flows through the… through DCFS or DHS or Department of Health and Family Services, as well as Public Health and Aging, for grants, et cetera, along those lines. We know of no objections to this and believe that with this Amendment it brings the Retail Merchants into support as well."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Brady, you have House Bill 3512. Do you wish us to move that to Third? Representative Brady on 3512. Mr. Clerk, read the Bill."
"House Bill 3512, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Brauer, you have House Bill 1362. Mr. Clerk, read the Bill."
"House Bill 1362, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by 09500036.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Representative Brauer, has been approved for consideration."
"Representative Brauer."
"Thank you, Mr. Speaker. Floor Amendment #1 just simply adds 'national' before 'certification' and corrects a spelling error."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Collins, you have House Bill 1518. Out of the record. Representative… Representative Mathias on House Bill 2786. Do you wish us to read that Bill? Representative Mathias, should we read this Bill on Second? From Second to Third? Second to Third. Mr. Clerk, read the Bill."
"House Bill 2786, a Bill for an Act concerning insurance. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Mitchell, Bill Mitchell, on 1983. Okay. Out of the record. Representative Munson, you have House Bill 1979. Read the Bill, Mr. Clerk."
"House Bill 1979, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions filed." 09500036.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Third Reading. Representative Hoffman, you have House Bill 1911. Representative Hoffman, shall we read this on Second? Second to Third? Mr. Clerk, read the Bill."
"House Bill 1911, a Bill for an Act concerning employment. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Howard on House Bill 754. Shall we move… out of the record. Okay. And Representative Jefferies on House Bill 949. Representative Jefferies, do you wish us to read House Bill 949? Out of the record. Representative Pihos on House Bill 1647. Do you wish us to read that on Second? Mr. Clerk, read the Bill."
"House Bill 1647, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Pihos, has been approved for consideration."
"Representative Pihos."
"Thank you, Mr. Speaker. Amendment 2 provides for exemptions from confidentiality provisions for referral purposes, report of child abuse or neglect, and criminal investigation purposes. I would ask that we adopted Amendment 2."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?" 09500036.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"No further Amendments. No Motions filed."
"Third Reading. Representative Pritchard on House Bill 3597. Mr. Clerk, read the Bill."
"House Bill 3597, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Pritchard, has been approved for consideration."
"Representative Pritchard."
"Yes, Mr. Speaker, this second Amendment simply names the counties that are included. We have gone through… the committee has approved this as well. I would move that we add this Amendment."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Sacia, you have House Bill 1407. Shall we read that on Second Reading? Mr. Clerk, read the Bill."
"House Bill 1407 has been read a second time, previously. No Committee Amendments. No Floor Amendments. All notes have been filed."
Speaker Hannig: "Third Reading. Representative Saviano on House Bill 1366. Mr. Clerk, read the Bill."
"House Bill 1366, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." 09500036.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
Speaker Hannig: "Third Reading. Representative Schmitz on House Bill 3132. Do you wish us to read the Bill? Mr. Clerk, read the Bill."
"House Bill 3132, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Schmitz, has been approved for consideration."
"Representative Schmitz on the Amendment."
"Speaker, on the Amendment 1 this will create a second license plate for handicap veterans in Illinois."
"The Gentleman moves for the adoption of the Amendment. Is there any discussion? All in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Schock on House Bill 1708. From Second to Third, Representative? Read the Bill, Mr. Clerk."
"House Bill 1708, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 was adopted by the Body. No other Floor Amendments have been approved for consideration. No Motions filed."
"Third Reading. Representative Jefferies, you have House Bill 949. Representative Jefferies, do you wish us to read this on Second? 949. Should we move that from Second Reading to Third? Mr. Clerk, read the Bill." 09500036.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Bill 949, a Bill for an Act concerning public aid. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Jefferies, has been approved for consideration."
"On the Amendment, Representative Jefferies. Would you like to explain the Amendment to us? This is Amendment #1. We'll take… we'll take it out of the record, Representative. Thank you. So why… why don't we… Mr. Clerk, we're going to return to House Bill 1708. And let's return that to the Order of Second Reading. And Mr. Clerk, are there any Amendments?"
Clerk Mahoney: "Floor Amendment #1 was adopted. Floor Amendment #2, offered by Representative Schock, has been approved for consideration."
"Representative Schock."
"Thank you, Mr. Speaker. House Bill… Floor Amendment #2 is, in essence, the same as Floor Amendment #1 except that it removes the sixty-five thousand dollar ($65,000) household limit from being tied to the Consumer Price Index and it just keeps the amount consistent. So, I'd urge a 'yes' vote. Be happy to answer any questions."
Speaker Hannig: "The Gentleman moves for the adoption… Representative Schock, we've got to clarify what the status of Amendment 1 is before we proceed. So, Mr. Clerk, what is the status of 1… of Amendment #1?"
"Floor Amendment 1 and 2 have been approved for consideration, have not been adopted yet. Floor Amendment 09500036.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 #1, offered by Representative Schock, has been approved for consideration."
"Well, Representative Schock, we actually need to deal with Amendment #1 first. So what would be your intention with that?"
"Well, on March 29, I filed a Motion to Table House Amendment #1."
"Yeah. So, why don't we just… if it's… if it's…"
"So just withdraw House Amendment #1…"
"If it's not been adopted, we'll withdraw it."
"…and move to adopt House Amendment #2."
Speaker Hannig: "So Amendment #1 is adopted and now on Amendment #2 Representative Schock has explained the Amendment. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it and Amendment #2 is adopted. Now, Mr. Clerk, are there any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. And we're going to return to House Bill 949. Mr. Clerk, would you read the Bill please."
"House Bill 949, a Bill for an Act concerning public aid. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Jefferies, has been approved for consideration."
"Representative Jefferies on the Amendment."
"Mr. Speaker and Members of the House…"
"You need to use your…" 09500036.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"…I ask for the technical adoption of the date… change the date from… Amendment #1."
Speaker Hannig: "The Lady moves for the adoption of Floor Amendment #1. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
Speaker Hannig: "Third Reading. Representative Flowers. Representative Flowers. Representative Flowers, do you wish us to read 192? Mr. Clerk, read the Bill."
"House Bill 192, a Bill for an Act concerning health. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Flowers, has been approved for consideration."
"On Amendment #3, Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move for the adoption of Amendment #3 to House Bill 192."
"Is there any discussion? Then the question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative John Bradley on 734. Mr. Clerk, read the Bill."
"House Bill 734, a Bill for an Act concerning aging. Second Reading of this House Bill." 09500036.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"No Committee Amendments. No Floor Amendments. All notes have been filed."
"Third Reading. Representative Howard, you have House Bill 3627. Do you wish us to read that on Second? Out of the record. Representative Jakobsson on House Bill 3677. Do you wish us to read this on Second Reading? Do you wish us to read this on Second? Mr. Clerk, read the Bill."
"House Bill 3677, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Jefferies, you have House Bill 948. Do you wish us to read that Bill, 948? …to read it on Second? Mr. Clerk, read the Bill."
"House Bill 948, a Bill for an Act concerning aging. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Jefferies, has been approved for consideration."
Speaker Hannig: "Representative Jefferies, you have House Amendment #1… Floor Amendment #1. Do you wish to briefly explain it? On the Amendment, Representative. Do you wish to explain the Amendment briefly."
"Yes. What the Amendment will… Amendment will do is to scale back this Bill to cover seniors."
"Okay. The Lady moves for the adopt…"
"And I ask for the adoption of this Amendment."
"The Lady moves for the adoption of the Floor Amendment. Is there any discussion? All in favor say 09500036.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. All notes have been filed."
"Third Reading. Representative Black, you have House Bill 586 on Second Reading. Do you wish us to read that? Mr. Clerk, read the Bill."
"House Bill 586, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Jefferson on House Bill 362. Do you wish us to read this Bill? From Second to Third, Representative Jefferson? 362. Mr. Clerk, read the Bill."
"House Bill 362, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Joyce on House Bill 1888. Mr. Clerk, read the Bill."
"House Bill 1888, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. And Representative Joyce on 1727. Representative Joyce on 1727. Mr. Clerk, read the Bill."
"House Bill 1727, a Bill for an Act concerning local government. Second Reading of this House Bill. 09500036.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Joyce, has been approved for consideration."
"Representative Joyce."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #3 would remove the perjury charge against librarians in this Bill. Be happy to answer any questions."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. All notes have been filed."
"Third Reading. Representative Lyons, you have House Bill 1678. You had a couple Bills right now, Representative Lyons. 1678. Out of the record. How 'bout 1526, Representative Lyons? Do you wish us to… do you wish us to move 1526? No? Okay. Out of the record. Representative Mendoza, you have House Bill 1900. Representative Molaro on 1124. Read the Bill, Mr. Clerk."
"House Bill 1124, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. All notes have been filed."
"Third Reading. Representative Nekritz, you have House Bill 680. Do you wish us to read it? Okay. Out of the record. Representative Reitz on House Bill 1780. Mr. Clerk, read the Bill." 09500036.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Bill 1780, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Tryon, you have House Bill 576. Mr. Clerk, read the Bill."
"House Bill 576, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. And Representative Sacia, you have House Bill 1403. Do you wish us to read that on Second? Mr. Clerk, read the Bill."
"House Bill 1403, a Bill for an Act concerning criminal law. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Washington on 1563. …wish us to read that? Mr. Clerk, read the Bill."
"House Bill 1563, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Washington, has been approved for consideration."
"Representative Washington on Amendment #3."
"Mr. Speaker, sorry 'bout that. Mr. Speaker, what the… Amendment #3, which becomes the Bill, it concerns billing for a utility commodity, gas or electricity, or utility should bill a customer for the legally obtained commodity only after the service meter has been connected or if the service is to a new construction after the meter 09500036.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 has been connected to the service line. I move for approval of the Amendment."
"The Gentleman moves for the adoption of the Amendment. Is there any discussion? The Gentleman from Vermilion, Representative Black, on the Amendment."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?
"Indicates he'll yield."
"Representative, it's common practice when building a new home, if in fact the home is being built for the ultimate owner, that the meter is installed temporarily so the contractors can have electricity to use their saws, their drills, the power equipment that they need. Now, depending on the contract that you sign with the builder, the… the builder may be responsible for that power or the prospective owner may be responsible for that power bill. Does this Amendment change that longstanding policy? Because it is not… that meter is not permanently connected. It's usually attached by a four-by-four stuck in the ground, they run the power, and then from that power connection the contractors use it to run all of their electrical equipment. And again, it largely depends on the contract you have with your builder. I've seen it both ways. I've seen that the builder pays for the electricity until the builder turns the house over to the owner. I've also seen where the builder says you pay for the electricity during the construction of your house."
"Represent… Representative, in the example that you gave, it doesn't change that. But this particular genesis 09500036.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 of this Bill comes out of the use, and it really probably doesn't make a difference, but it comes out of the use of gas."
"Oh, okay."
"And I just happen to be on the opposite end. And what happened, several bills were paid by me… or my wife, rather, and we never would even connected. And so, it's… it's saying that substituting the word 'commodity' to make sure that the responsible parties who are responsible pay the Bill. But if you… if you're not even logged in the services, you shouldn't pay. And if they're saying that you're paying for a meter, which later on was explained to me, then as they bill you they should say that that's for the meter installation. They shouldn't say that that's an estimated bill for the actual service itself."
"All right. That brings up then something I want to make sure I'm clear on. A lot of times… and thank you for telling me this relates more to gas than electricity. A lot of times during the building of the House, the utility company will run the gas line, set the meter…"
"Um hmm."
"…but not connect the gas to the house, obviously, because the house isn't done, the appliances aren't in. But from the date that meter is set, you do pay a meter charge. Now, is that the charge you're talking about or are you talking about usage of the actual product, the natural gas?"
"In this particular instance then, Representative, there was no usage of the product. The meter was 09500036.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 installed, but it never was connected. And yet, the gas company in this particular case gave estimated bills…"
"Oh. All right."
"…month after month which were paid because my wife didn't realize that this was something we never had even used. Then we asked for explanation from the utility company, their explanation was to say, well, it's for the meter charges. But the Bill never said for meter, it said estimated gas usage."
"Okay. So, it might've been for the meter charge, but it wasn't clearly delineated on the your bill."
"That's correct."
"All right. Did… did you have a conversation with your wife about paying those bills?"
"Yes, Sir. I did."
"Is that covered in the next Amendment?"
"No, Sir. But it will be."
"Okay. All right. All right. Thank you."
"Thank you."
Speaker Hannig: "All in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Yarbrough, you have House Bill 246. Representative Yarbrough, do you wish us to read House Bill 246? Out of the record. Representative Beaubien, you have House Bill 3327. Mr. Clerk, read the Bill." 09500036.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Bill 3327, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Cross, has been approved for consideration."
"Representative Beaubien, would you like to handle the Amendment?"
"Yes, I would. Thank you. I'm now the Sponsor of the Bill, incidentally. Yeah, right. The Bill provides that the… under the safety education in public schools they may, they may, not shall, provide students of the consequences of alcohol consumption operation of motor vehicles as part of the safety education course. It just adds the provision that they may add this as part of the public safety course. I ask for the adoption of the Amendment."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Re… return to Third Readings now. And Representative Kosel, you have House Bill 1303. Mr. Clerk, read the Bill."
"House Bill 1303, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Kosel."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill makes some corrections to a Bill that was passed two (2) years ago that was known as the Porta-Potti 09500036.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Bill and it literally is a cleanup Bill to that original Bill. And I would ask for the approval of the House."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall House Bill 1303 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… Representative Saviano and Rita, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 67 voting 'yes' and 43 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Fortner on House Bill 3766. Mr. Clerk, read the Bill."
"House Bill 3766, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Fortner."
"Thank you, Mr. Speaker, Members of the House. House Bill 3766 makes a very minor clarification to the unauthorized video recording and live video transmission that was… Act that was passed in this Assembly in the last Session. And all it does is it specifies that for the purposes of the residence, it distinguishes between the living unit of an apartment and those common areas that would be accessible to the public, so that you'd be able to videotape in those areas that… where the public could have access but it would still protect those members in their own private residences. And I would urge an 'aye' vote. Thank you." 09500036.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pritchard, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mautino, you have House Bill 678 on the Order of Third Reading. Shall we read this Bill? Mr. Clerk, read the Bill."
"House Bill 678, a Bill for an Act concerning local government. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Bureau, Representative Mautino."
"Thank you. And this is a Bill that we ran last year. It is an initiative of the Metropolitan Water Reclamation District. I think it got 90-some votes. It would allow them apply the credits for the extra points for… in the hiring and promotion process for veterans. They currently do and for prime… for the… for original hiring they'd like to use them in promotion of the veterans as well, and that's what the Bill does. The Amendment was a technical Amendment."
"This is on Short Debate. And in response, the Gentleman from Vermilion, Representative Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?
"Indicates he'll yield." 09500036.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Representative, I think I've already answered my own question, thanks to staff. This has nothing to do with retirement benefits."
"That's correct."
"Okay. It's the application promotion points therein."
"That is correct."
"Fine. Thank you very much."
"Thanks."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins and Crespo, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative May, you have House Bill 3425. Mr. Clerk, read the Bill."
"House Bill 3425, a Bill for an Act concerning wildlifes… wildlife. Third Reading of this House Bill."
"Representative May."
"Yes, thank you, Speaker and Ladies and Gentlemen of the House. House Bill 3425 amends the Wildlife Code. It allows a local community to have a flexibility in their control of the deer population. It's written very narrowly to say that they need to have four (4) years of scientific study to show that they can use an alternative to lethal culling for the deer. It has a six-year sunset and it was unanimous out of committee. It is supported by the Northwest Municipal Conference and the Illinois Municipal 09500036.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 League, the City of Highland Park. I'll be happy to answer any questions."
"This is on Short Debate but we're going to remove it to Standard Debate to accommodate some of our Members. And Representative Bost, you're recognized for 5 minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield? She indicates she'll yield."
"Representative, I've kinda heard about this Bill and I'm just kinda… I'm probably going to support it, I've just got some questions. Now, the procedure that will be used in… in basically reducing the population, is it… do you use tranquilizer guns? What… how do you…?"
"The City of Highland Park uses a procedure they call trap, neuter, and release."
"Trap, neuter, and release."
"Yes."
"Okay."
"TNR."
"I mean… and I'm trying to figure this out. And the reason why I'm trying to figure this out, if… we have our cats and our dogs and we take them to the vet to be neutered… you know, you don't normally just… okay, up they go and, you know, you take 'em home, you make sure that they're… they're taken care of. Sometimes they even go for a stay in the veteran's (sic-veterinarian's)…"
"I'm… I really appreciate your concern for the humanity to the… to the deer population. And they are trapped and then they are actually sedated and just as they would in a 09500036.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 veterinarian's office… they use sort of a portable veterinarian's office in a trailer."
"Okay. And it takes a couple days?"
"No. They're released immediately."
"Really?"
"Um hmm."
"And then everything seems to be okay? No…"
"Yes."
"I'll be darn. Huh. I… and one thing I want to be real clear on here, state tax dollars are not going to be used for this?"
"No. Absolutely not."
"Okay. It would be all local."
"Yes. Any municipality that would like to do it, would pay for it."
"Okay. And this only occurs with the… with the females. It doesn't take the bucks in…"
"That's correct."
"Okay. All right. And that's because we… we heard in… I think someone said in committee that bucks have a larger roaming distance and…"
"Yes. The females are nice homebodies."
"I'm sure they are. All right. Well, as long as it… the tax is a local tax, it won't be state tax dollars specifically for this district."
"And it's really not even a local tax. I mean, they're using existing dollars in a municipality to take care of this program."
"Okay. Thank you." 09500036.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Representative… the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?
"She indicates she'll yield."
"Representative, the Department of Natural Resources… excuse me… is still opposed to the Bill, aren't they?"
"Probably so."
"They suggested you put a sunset date in the Bill. Did that happen?"
"Yes. That was Amendment #2."
"When does this Bill sunset?"
"January 1, 2014."
"All right. It's my understanding that the Village of Highland Park tried this in the past and DNR did not feel, based on research, did not feel that the deer herd was managed to the standard that they would like to have seen take place. Would that be a fair statement?"
"DNR, for whatever reasons, would not give a permit to continue this without further scientific research."
"Well, it's my indication… or my belief, my understanding, whatever the right word is, is that they… they didn't want this to continue because they did not believe that what was being done was effectively managing the deer herd. In other words, the deer herd was expanding, not staying the same or, in fact, the population diminishing. Isn't that why they are concerned about it?"
"The scientific study overseen by the University of Wisconsin showed that they could manage the deer herd by… 09500036.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 by basically sterilizing a certain number of does every year. And believe me, I don't… as having served on the Highland Park City Council in an area where the deer can easily get out of control and overpopulated. If they are not controlling the deer, they will certainly hear about it. And as a further… as a further safeguard in the Amendment, we clarified, although it's true that they would always report back to DNR, we made clare… clear in the Amendment that every year the depart… the city will have to continue to report back to DNR the number of deer."
"But you are… you are changing the underlying methodology of how we manage the deer herd in Illinois. the Department of Natural Resources, before that, the Department of Conservation, has always done that. Now, you are saying that the Village of Highland Park is now prepared to take the management of the deer herd over within their corporate city limits, correct?"
"They would… well, it would give them the alternative to do something that they wanted to do locally, yes."
"Okay. All right."
"They actually…"
"Thank you very much."
"They actually carry out all of… whatever DNR says, they actually carry it out, you know, themselves anyway."
"Sure. Okay. Mr. Speaker and Ladies and Gentlemen, to the Bill. The management of the deer herd is of critical importance to the State of Illinois. The last measurable year, we had twenty thousand (20,000) car-deer collisions. Now, I doubt that very many of the twenty thousand (20,000) 09500036.doc 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 deer survived the accidents, although I'm sure some did. The sad fact of life is that five (5) human beings did not. They were killed. The Department of Natural Resources does not favor this Bill for… for, well, many reasons. But let me give you one simple reason. If the City of Highland Park could assure me that they could manage the deer herd, in other words, the deer wouldn't migrate from Highland Park into an adjoining area or onto a highway where I'm driving at 6:30 at night, I wouldn’t have any problem with this. But deer are migratory animals. You… you can't control them just within the corporate city limits. I called the University of Illinois Veterinary Clinic. Do you know what it costs to spay a doe? A thousand dollars ($1,000). And the veterinarians also told me that in the transporting of the sedated deer, depending on how many miles the deer would be transported, the death rate from the tranquilized deer could be as high as 40 percent. Now, if… again, if it's close, if the veterinarian has a mobile surgical clinic, I doubt that they do… but there is inherent danger in tranquilizing and transporting a wild animal. Maybe there are a number of veterinarians in her district that will do this. I called a few in my district and they said, and I quote, 'You can't be serious. You cannot be serious. I don't have the time or the lab space or the surgical…'"
"Representative, could you bring your remarks to a close, please."
"Well, at risk of being sterilized in Highland Park, yes, I will. The University of Illinois, I think a leading 09500036.doc 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 veterinarian medical school, simply have very serious concerns about this legislation. The cost can be as high as a thousand dollars ($1,000). They also worry about liability. She said the University of Wisconsin said they could be managed. People that I've talked to say there's a difference between could be managed and would be managed. And what I see here… and I don't think the Sponsor is headed in this direction. But what the deer hunters in my district have told me is that this is the proverbial foot- in-the-door to outlaw deer hunting. Because what's really behind this is this village does not want sharpshooters to kill Bambi. They want to sterilize Bambi. Well, Bambi may not want to be sterilized, but that's beyond the point. This is a… a very difficult measure. I don't think you can control any wildlife population by capturing, sedating, transporting, and surgically neutering the animal and then release the animal into the wild. And I have to represent a lot of deer hunters in my district that say, 'Now, wait a minute. This is an expensive, unproven methodology and it would seem to us that it's created by those who do not want sharpshooters to thin the herd.' And if that's the case then how many counties next year… or villages… how many villages or counties the year after that, the year after that, the year after that? I think we have an effective methodology of controlling the deer herd. It's run by the Department of Natural Resources and it's financed by fees that deer hunters pay. I don't think this is sound, good legislation. I intend to vote 'no'." 09500036.doc 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
Speaker Hannig: "The Gentleman from Lake, Representative Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?
"Indi… she indicates she'll yield."
"Representative, in the Bill it just talks about using a method in addition to taking of the deer. Could that be any scientific method that is approved by the department?"
"I believe it could be, yes. It doesn't specify that it has to be trap, neuter, release."
"So, what you're talking about is having Highland Park hire trappers to trap the deer and having veterinarians come in… are you talking about spaying, physical removal of reproductive features?"
"Did you… I'm sorry, did you say spaying? Would you…"
"Yes. I mean, are you talking about physically impairing the ability of a female deer to re…"
"Yes. It's basically a tubal ligation."
"Okay. So, you have not talked about… well, the other way that you could do this, that veterinarians have talked about is a type of progesterone injection. Under your legislation, would this be allowed?"
"I believe it would be. Yes."
"Okay. But the one that…"
"The local community has not used that because it's more difficult. You have to catch the same doe over and over again."
"Right. Well, that… that is…"
"Less reliable." 09500036.doc 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"That's the precise point that I'm… I'm trying to get to right now, is that under your legislation that type of program could potentially use with the reality of not really doing much, precisely what the previous speaker had indicated. I… I think to completely do what you want to do you would want to specifically have in the legislation that we're talking about physical alternation as opposed to chemical alternation."
"I… you know, I think that that could possibly be done in the Senate, you know, if you feel that it needs to be further clarified."
"Okay."
"This is… this is the best. And, you know, this really… it's… in regard to the idea that it would limit deer hunting, absolutely not. The less… the language definitely says 'a method in addition to'. And, you know, we have not heard from the NRA or anyone. It absolutely don't go there. It just doesn't do that at all."
"Okay, thank you. Mr. Speaker, to the Bill."
"…Bill."
"Ladies and Gentlemen, there's… there's a few different ways to accomplish what the Representative is trying to do. One is, you know, physically taking the body parts away to have reproduction, as we all know. The second way is in regard to progesterone injections, which you would have to trap the exact same deer year in and year out, which is practically un… you'd be unable to do that. But let's look at the other side of this. Aside what my fellow colleague from downstate talked about in regard to 09500036.doc 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 overpopulation, let's go down another route with overpopulation. The more deer you have in the area that I live in, 'cause I live in the county that the Representative is from, what about the deer that are there that are starving to death? What we're trying to do here is keep more deer alive when we have an overpopulation. This is not legislation that is going to help our county or any other counties. With that, while I understand the… the Lady's desire to help her community, this is not what we'd like to see in the State of Illinois. I urge a 'no' vote. Thank you."
Speaker Hannig: "We've had three speak in opposition. Representative Sacia, would you like to be in support? Okay. In support. Representative Sacia."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I think this is one of those Bills where the committee process really shows its value. This Bill was discussed at length in the Ag Committee and, in fairness, I think most of us viewed it with a lot of gaffs and chuckles to begin with. As the Lady spoke about her legislation and how important the deer are in her community and how, contrary, a lot of what she was proposing was to most of us on the Ag Committee, I think by the time the Lady had completed her dialogue in sharing with us the intentions from her community and the fact that her community was going to fund this in its entirety, it was not going to cost the state a dime, that it made a lot of sense to us on the committee. The deer are important to the Lady and her community members. They have process that they have 09500036.doc 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 identified to neuter the female species. It makes a lot of sense for them and I think it's one of these issues that it's important to a particular locale. It does not have a negative effect on the rest of Illinois in any way. And I strongly endorse the Lady's legislation and I strongly encourage an 'aye' vote. Thank you."
"Representative May to close."
"Yes. Thank you, Representative Sacia, for your words and explaining. This really is a matter of giving some flexibility to one community. We all come down here and we ask things for our particular part of the state. There is no deer hunting in Highland Park. There is no deer hunting in suburbs, the… the houses are just too close together. So, we are not stopping anyone from deer hunting where they want to deer hunt. It really is about local control. The deer are not transported, they are done on site. And it was supervised by the University of Wisconsin and all the community is asking to continue this under the supervision of DNR. I ask for an 'aye' vote. Thank you."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 70 voting 'yes' and 40 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 150."
"House Bill 150, a Bill for an Act concerning safety. Third Reading of this House Bill." 09500036.doc 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Representative Turner."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I bring to you House Bill 150 on behalf of the Illinois Aggregate Association. And basically, what it does is it seeks to reduce the fees that are currently paid by the aggregate companies to the department of… to the State Illinois EPA from five thousand to one thousand dollars ($5,000 to $1,000) a year. My rationale being is that although they generate over a million dollars ($1,000,000) a year in terms of permit fees, that money is not used for that cause and I think that it is an undue burden on the aggregate community. And I move for the adoption of House Bill 150."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Sommers, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 950."
"House Bill 950, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Molaro, you have House Bill 857. Mr. Clerk, read the Bill." 09500036.doc 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Bill 857, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"Representative Molaro."
"Thank you, Mr. Speaker. This is just technical cleanup language for old and archaic language in this State University Retirement System. It has nothing to do with benefits, whatsoever. Absolutely no cost. They just need correctional changes made for things that have occurred over the years. They appeared in committee. There was no opposition and I would ask for a favorable Roll Call."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Acevedo, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Osterman, do you wish us to read House Bill 758? Okay. Out of the record. Representative Phelps on House Bill 987. Mr. Clerk, read the Bill."
"House Bill 987, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have House Bill 987. This is… creates a broad stakeholder commission that will bring together citizens, 09500036.doc 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 nongovernmental organizations, and state and federal agencies with responsibilities for conservation, economic tourism, and other responsibilities for river-related issues. This is just like the Mississippi River… er… Coordinating Council. And I ask for an 'aye' vote."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Turner. Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rita has House Bill 1467. Out of the record. Representative Ryg has House Bill 1881. Representative Ryg on 1881. Out of the record. Representative Mike Smith on 3399. Representative Smith, do you wish us to read 3399? Mr. Clerk, read the Bill."
"House Bill 3399, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Smith."
"Thank you, Mr. Speaker and Ladies and Gentlemen. This is an issue that came to me from a local law enforcement officer in my district and I think it might be one that other law enforcement agencies around the state encounter in determining what the five hundred (500) foot perimeter is for… in a current law with regard to the prohibition on sex offenders residing or loitering near a school, a park, a daycare center, or other child facility. So, this would 09500036.doc 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 clarify the law and say that the five hundred (500) feet perimeter would be measured from the edge of that school, park, or daycare facility. I know of no opposition. I think it makes common sense, something that should've been in the law. I think it was the intention of the original law and this will help clarify and hopefully improve the job of our law enforcement agencies. Be happy to answer any questions."
"We’re going to have… put this on to the Order of Standard Debate to accommodate our Members. And Representative Black. The Gentleman from Vermilion, Representative Black, is recognized for 5 minutes."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, our staff indicated and put in the floor file that in committee you had agreed to hold this on Second Reading so that you could work with Representative Verschoore on similar language. Was that done or…?"
"Well, yes. I've talked to Representative Verschoore. I think he was… he was working on another issue. He… he's working on a little bit different issue. We've talked about it, but I… I think he's in support of this measure."
"All right. So… so you two have worked that out?"
"My seatmate right here. Yes."
"Okay. Fine. Thank you."
Speaker Hannig: "Is there any further discussion? Then Representative Smith to close." 09500036.doc 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Thank you, Mr. Speaker. I'd just ask for an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Phelps and Reitz and Chapa LaVia, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Ryg, do you wish us to read 1881? Mr. Clerk, read the Bill."
"House Bill 1881, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Ryg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Currently, municipalities have the authority, as provided by statute, to define, prevent, and abate nuisances. When abating a nuisance, if a non-Home Rule municipality is forced to expend funds, they may place a lien against the property, but only for certain nuisances such as pests, garbage, weeds, and Dutch elm disease. This proposal would expand the types of nuisances for which municipalities can recoup their abatement costs and includes grass, trimming, and a removal of nuisances bushes or trees, including ash trees which may be infected by the emerald ash borer. This proposal is endorsed by the Illinois Municipal League and I ask for your support." 09500036.doc 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, how is this different than Representative Schock's Bill that was rather soundly defeated on… on Third Reading? You're putting a lien on the unpaid fines, violations, et cetera, as I recall. What… what's different than Representative Schock's Bill?"
"It… I believe, if I remember correctly, that Representative Schock wanted to put that on the tax Bill. This is lien."
"Oh. Okay. And he had…"
"It's a collection."
"He had the ability to put it against the property tax."
"Property tax."
"Is that right? Okay."
"I… I believe."
"All right. Now what… what's the position that the lienholder would have in a case like this? Would the municipality… obviously, the municipality wouldn't have a first position, would they?"
"The… the lien would be recorded and the priority would be the first in time, first in right. This doesn’t change any of the lien process."
"Okay."
"It just expands what could be eligible for a lien." 09500036.doc 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Well, the mortgage holder would obviously have first position, and then you go down the rather lengthy and prescribed list about how lienholders can get their money, right?"
"If that's the way it is currently, this will not change that."
"Okay. All right. So, it does not elevate the municipality to a superior position in the lien right, correct?"
"Correct."
"All right. Thank you very much."
Speaker Hannig: "Representative Fritchey. Representative Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, my question is this. As I'm looking at the analysis, it says that the predicates to establishing the lien are that notice is provided that the nuisance exists and that the owner failed to take steps to abate the nuisance. What it doesn't say is that due process is provided to the owner that… what the municipality is claiming to be a nuisance is actually a nuisance. What this says is that the municipality can say, we think that your land… or that your failure to keep up your land is a nuisance and you haven't done anything about that; therefore, we're going to do something about it and we're going to lien your property. But it does not establish in here that the property owner would have the right to a hearing, the right to due process, the right to 09500036.doc 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 contest the finding that there was a nuisance. And I'm not trying to… to derail what you're trying to do here, but I think that when we are talking about in one fell swoop infringing on property rights, property ownership, and due process, that we've got to be very careful with what we're doing here."
"I don't disagree. This is currently a statute that's in place and in practice. We are not changing any of the requirement notices and/or the due process that's available. And I believe for non-Home Rule municipalities, they… they're required by statute to follow the existing requirements. All this does is say in addition to the restricted list, there are new items that can be included in the process."
"I… I… and I don’t mean to put you on the spot here, but I think you'll acknowledge with me that just because something is in the statutes doesn't mean it's a good idea. Are you or staff able to point to where in the statute that the landowner's entitled to due process before having their property rights infringed?"
"I'm sorry, we aren't able to do that at this particular point. Again, whatever is currently in… in place, which it has been in place for some time, allowing municipalities to address issues when property owners are unable or fail to do so. We're not changing anything except what types of nuisances will be included, and that was very carefully negotiated. We did not broaden the list to any extent other than to address issues so that where gra… or where 'weeds' were included we now include 'grasses'. And…" 09500036.doc 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Wait. You said that this was negotiated with who?"
"The municipalities and the realtors had issues with this, and they were helpful in developing the very specific list of areas that would be eligible for a lien."
"Well, I have no question that your intention is laudable. I'm looking at the statute, I don't find due process protections in here. They may exist elsewhere within here. I guess I'll ju… I'll just maintain and state to the Body that do what you see fit, but for the times that we have a very quick reaction to protecting individual liberties and rights, the possibility that we may move forward right here and allow a property… allow an individual's property to be liened and as we sit here during debate we don’t know if they have due process protections being afforded to them is a very troubling one. Thank you."
"Representative, I'll offer that the due process question did not come up. This… this is a standing practice currently and my maybe mistaken assumption was that the due process had been addressed when the original statute was enacted. If there are questions of due process, I'm happy to work with you and come back on that."
"Well…"
"But that has never been the issue as… as far as trying to address some of the nuisance problems, especially with the threat of the ash tree infestations."
"Understood. And as I said, I have no question that you are trying to do a good thing and that municipalities need additional tools sometimes in able to… in order to 09500036.doc 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 mainpain… maintain public safety and public welfare. And if the due process question hadn't come up before, perhaps that's because nobody had seen it. It's come up now. I'm raising it now. I think that this is something that is very…"
Speaker Hannig: "Would you bring your remarks to a close, Representative Fritchey?"
"Not a… not a problem. Representative, if you want to move forward, move forward. I… I intend to vote 'no' solely because there's no assurance here that due process had been protected. I suggest everybody look at this very closely. Thank you."
"Representative Sullivan."
"Thank you, Mr. Speaker. To the Bill."
"…Bill."
"I rise in strong support of this Bill. This differs from a previous piece of legislation as it is a lien and it is not on the property taxes. To answer the previous Representative's questions in regard to notice, in the Bill, page 2, Section 17 through 26, it talks about notice and that this cannot be a lien unless notice has been given to the property owner. In addition to that, it also talks about the noter shall state the substance of the section and the substance of the ordinance of the municipality implementing this section. So on top of having the law as previously written, the municipality has to have a section within their ordinances allowing for this to happen. So this is all law that has taken place before and that is… hopefully should answer the previous speaker's question in 09500036.doc 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 regard to notice. So, I… I encourage an 'aye' vote. Thank you."
"We've now had two speak in favor and two in opposition. The rules would provide one additional speaker on each side. And Representative Dugan, you're recognized next. And which side would you like to speak on?"
"Thank you, Speaker. To the Bill. I, too, just… I stand in support of this Bill and I do want to say, at least from the district I'm from, local municipalities have ordinances and ordinances that say what are a nuisance, you know, the grass is too high, those types of things. And the way it's done through local municipalities is they do send notice to the resident telling them you've… in violation… it's a violation of an ordinance notification to the residents. They have a chance to fix it and then, of course, if they don't then the municipality takes the action that you're saying that they've always done anyway. So I just, again, wanted to say that there is due process in the fact that municipal ordinances in violations of those ordinances, the municipality contacts the resident and then the resident has a chance then to take care of it. So, thank you."
"We've had three in favor, two in opposition. The rules would provide one more could speak in opposition. Representative Coulson, would you like to be in opposition?"
"I'm not sure, Mr. Speaker. I have some specific questions." 09500036.doc 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Some questions. Okay, then the Lady will yield."
"Representative, as I see it, the three things you've added here are: overgrown grass, bushes, trees, and the removal of emerald ash borer. Because most of my district is in the emerald ash borer quarantine, I'm a little concerned about this because we are right now in the midst of trying to figure out who's responsible, who's going to do what with these trees. In your Bill, are you saying that… that the community, the municipality can come on my property, cut down an emerald ash borer infected tree, and then bill me for them and if I don't want pay for it put a lien on my property? Is that what this Bill does?"
"If you've… you will be served notice that… that there is an issue with your tree. This is based on our previous allowance that trees infected with Dutch elm disease were removed, and that's a protection for the communities in terms of… of controlling the spread of these infestations that kill the trees. So, again, we're not changing the process that has been in place, but we are adding different nuisances, one of the priorities being the emerald ash borer as an issue that municipalities need to be able to address. One of the things that, in terms of that particular infestation, is there are other proposals out there that will assist with the… hopefully, assist with the funding of removal of these trees because it's really a significant region that will be affected, possibly a growing region. And so, I believe this legislation will be an enabling legislation to the potential of that funding 09500036.doc 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 stream being available to communities and as an assistance to property owners who can't afford to remove the trees."
"So… so is your intent then to maybe use this to provide funding for that? And let me ask one more question. There's a key difference between Dutch elm disease where you remove the tree to stop infection of other trees. In emerald ash borer you're not supposed to remove the tree, unless it's done properly, to anywhere else because you then will infect other trees. So, to me they're night and day different. And I'm concerned that when you said you're doing it the same way that we're not doing what the Department of Agriculture said we should do."
"This… this Bill does not specifically address any funding for that initiative nor how it would be done. But should those Bills pass that would provide… I believe there's a proposal for a revolving loan fund for the removal of trees infected. And clearly our municipalities are working diligently to do it in the best way, but they may need this legislation to enable them to address that problem if a property owner is unwilling or unable to provide for the removal of the infected tree. So we're not… all we're doing is adding that to the very restrictive list of nuisances, or I guess community risk in terms of the vegetation, that a municipality has an opportunity to move forward in the best interests of the municipality and public safety. We're not changing the process. We're not changing the notice requirements. There's still notice to 09500036.doc 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 the property owners. All we're doing is very, very slightly expanding the list."
"One… one last question then. Many people in my district have put up sea grass and it's taller than the ordinances allow. They spend hundreds of dollars. Are communities trying to or wanting to come in with just notice and, as Mr. Fritchey said, no due process to have people cutting down some of these landscape grasses and then being billed for it?"
"We’re not changing how a municipality defines their local ordinance related to landscaping and vegetation and grasses. So, whatever… whatever the local municipality determines in their local ordinance is what would apply. What we're saying is that when there are violations of the local ordinances, the municipality is able to take steps to abate that and recoup their costs…"
"Thank…"
"…after notice."
"Thank you."
"So, Representative Black, you've spoken in debate. For what reason do you rise?"
"I forgot that I've… I've already spoken? I'm sorry, Mr. Speaker. I was just going to suggest we could take the deer from Highland Park to all the other municipalities and they could eat the grass. Just a good idea."
"Representative Ryg to close."
"Again, this is just a slight expansion of… of current process that's allowed under statute that allows municipalities to take care of their community based on 09500036.doc 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 their local issues, the local ordinances, with notice to the property owners. So, I would ask for your support."
"The question is, 'Shall House Bill 1881 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hassert and Winters, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 92 voting 'yes' and 18 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Represe… Mr. Clerk, read House Bill 1290."
"House Bill 1290, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Turner."
"Thank you, Mr. Speaker. House Bill 1290 is a Bill that was introduced as a result of where we are today in terms of the technology, which now there's a system in place which deals with integrated ballistic identification system. That's where you can identify guns and where a bullet may've been fired from a particular weapon. And also because of the increase in fingerprint technology this legislation allows a defendant to make a motion before the trial court to implement either one of these two systems in trying to prove his innocence or guilt in a particular case. And I move for the adoption of House Bill 1290."
"Thank you is on the Order of Short Debate. Does anyone stand in response? Then the question is, 09500036.doc 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Smith, you have House Bill 1988. Mr. Clerk, read the Bill."
"House Bill 1988, a Bill for an Act concerning fire safety. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Fulton, Representative Smith."
"Thank you, Mr. Speaker and Ladies and Gentlemen. This is an initiative of the State Fire Marshal's Office and it simply would require that fire chief, in addition to reporting fires, must report any additional information that the fire marshal deems necessary to a fire service. And this would allow the fire marshal to adopt the rules for the reporting of the fires, hazardous material incidents, and other incidents or events that the fire marshal deems important to the fire service as a whole. This would bring the state in line and be based on the standards of the NFIRS, which is the National Fire Incident Reporting Systems. I know of no opposition and this is an initiative of the… or fully supported by the Fire Service Caucus as well."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 09500036.doc 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins, Mautino, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Soto, you have House Bill 1743. Mr. Clerk, read the Bill."
"House Bill 1743, a Bill for an Act concerning employment. Third Reading of this House Bill."
"The Lady from Cook, Representative Soto."
"Thank you, Speaker. Yes, House Bill 1743 amends the Illinois Human Rights Act. It provides that it is a civil rights violation for an employer, based on the receipt of information from Social Security Administration or from any other government agency that an employee's name and Social Security number do not correspond, to require that the employee to reverify work authorization documents to inquire as to the employee's work authorization or otherwise take any adverse action against the employee, unless the Attorney General of the United States issues a final regulation to the contrary. I urge an 'aye' vote."
"This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"She indicates she'll yield." 09500036.doc 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Representative, I learned a long time ago the only dumb question is one you don't ask. What is the Federal Basic Pilot Program?"
"Right now, the pilot program is that we have the no- match letter and what's happening now is that the employers receive a letter saying that the employee doesn’t match his Social Security. What's happening right now, and this is the reason why we have this Bill, is that employers are laying people off when their actual Social Security does match. So that is the reason why we brought this piece of legislation. I just want to add to the record that the Employment and Law Council is a proponent and the Illinois Department of Human Rights. We have worked together to create this language."
"So it really has nothing to do with training pilots… airline pilots."
"Right. It doesn't."
"Okay. That… that's what confused me. Is the… is it the intent of the Bill to make sure that someone you hire, one, is who they say they are? Is there a secondary intent of the Bill to determine whether or not the person… what immigrant status the person is, whether they are a Green Card, a documented worker, or an illegal alien?"
"Well, that was part of it because there are some undocumented residents that also they… they bring that to their attention. But what's happening is they do have a worker's visa so this is also hurting them because the employer's saying that they have a no-match and they do have a match because they have permission to work." 09500036.doc 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Okay."
"And it's a Human Rights violation."
"Staff just pointed out that in the history of this, the accuracy of the reports being filed are certainly less than optimal. It comes back about 35 percent of the paperwork is accurate. Are you increasing the penalty on an employer who does not file accurate statements? In other words, they haven't checked. They don't bother. They just… if I walk in and say my name is Walt Disney and my Social Security number is 12345678910 and they accept that, are you increasing the penalty on the employer for not actually verifying the information I give them?"
"Correct."
"Okay. I… I commend you. This sounds to me like a step forward. I… from what staff tells me that the problem has been with the accuracy. Some employers don't take this very seriously. But if what you're after is to verify Social Security numbers with who they say they are… because I think you know one of the great scams today is, particularly in the day laborer business, they give them their Social Security number so the person who's picking 'em up gets the Social Security credit and not the worker."
"And I just want to mention that I worked with Representative Chapin Rose on this Bill so that…"
"Okay."
"…we can get the right language that we needed."
"I… it sounds to me like I think you're trying to do what many of us have tried and not done as successfully, and that is to say there… there should be a modicum of 09500036.doc 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 verification to make sure that you are who you say you are and that the proper person is getting Social Security credit if they're in fact working. I congratulate you on a good Bill."
"Thank you. Thank you."
"Any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Durkin, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 2781."
"House Bill 2781, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Davis." Davis, W.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2781 amends the Eminent Domain Act and provides that the state must pay for relocation costs of infrastructure if the actual costs of relocation of infrastructure owned by a unit of local government exceeds the agreed amount reached between that unit and the state for the acquisition, then pursuant to this Bill, the state must pay the difference between the costs of relocation and the agreed amount. I'll be happy to answer any questions."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who 09500036.doc 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Tracy, you have House Bill 449. Do you wish us to read that? Mr. Clerk, read the Bill."
"House Bill 449, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"The Lady from Brown, Representative Tracy."
"Thank you, Mr. Speaker. House Bill 449 would amend the Criminal Code to include the offense of aggravated identity theft in the furver… furtherance of the organized gang activity."
"The Lady has moved for the passage of House Bill 449. This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Turner, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Verschoore, you have House Bill 1470. Out of the record. Representative Watson, you have House Bill 3672. Mr. Clerk, read the Bill."
"House Bill 3672, a Bill for an Act concerning State Government. Third Reading of this House Bill." 09500036.doc 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
Speaker Hannig: "The Gentleman from Morgan, Representative Watson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3672 simply allows for… or requires the Illinois EPA to expedite the permit process when… when coming for… when companies are applying for clean coal projects. I'd be more than happy to answer any questions."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Wait, you have House Bill 271. Out of the record? Okay. Representative Watson, you have House Bill 36… excuse me. Winters, you have House Bill 117. Mr. Clerk, read the Bill."
"House Bill 117, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Representative Winters."
"Thank you, Mr. Speaker. House Bill 117, I've explained this to quite a few of you on the floor, it tries to bring some uniformity across the state. Currently, the City of Chicago Park District can levy four (4) museums a fifteen cent ($.15) tax rate. Downstate districts are capped at seven cents ($.07). What the Bills does is authorize, by referendum, the downstate districts four (4) 09500036.doc 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 museums to raise their levy up to fifteen cents ($.15), but again, it would be done by front door referendum. Be happy to answer any questions."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 62 voting 'yes' and 50 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lindner, you have House Bill 254. Do you wish us to read that Bill, 254? Mr. Clerk, read the Bill."
"House Bill 254, a Bill for an Act concerning aging. Third Reading of this House Bill."
"Representative Lindner."
"Thank you, Mr. Speaker. This Bill establishes a protocol for elder abuse fatality teams. Again, this was brought to me by the coroner and the state's attorney in Kane County. They have an elder abuse fatality review team and this just allows any other state or county agency to have one of these, too. And this is a protocol for the development of that."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' 09500036.doc 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mitchell, Jerry Mitchell, you have House Bill 1648. Out of the record. Representative Yvetter Younge, you have House Bill 1605. Mr. Clerk, read the Bill."
"House Bill 1605, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"Representative Younge."
"Thank you, Mr. Speaker and Members of the House. House Bill 1605 amends the downstate police article of the Pension Code and allows a person employed by the Village of Shiloh who is otherwise qualified to participate was but excluded from participation by reason of his or her failure to make a written application to the board to elect… to participate by making a written application to the board before July 1, 2008."
"This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I have great respect for the Sponsor of the Bill and served with her for many, many years, but this again goes to the well on a pension Bill where somebody who misses the opportunity to sign up, doesn't do it, you open a window for that person, you let them establish creditable service. I had a pension Bill that I filed that would let some IDOT workers in my 09500036.doc 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 district buy, not give or… you know, purchase time they served in the United States Armed Forces, which we've done in the past. And the powers that be in the Majority Party said, no, you can't do that. The pensions are grossly underfunded. I said, but they're willing to buy. They're willing to purchase the time, whatever it would've cost them, assume they had been working, they're willing to pay for that time. And I was told they would have to pay the full interest cost of the three (3) to five (5) years that they spent in the Armed Services of the United States. That then made it rather difficult for them to purchase service credit. That Bill was refused a hearing. And while I can appreciate and understand what the Sponsor is trying to do, at some point here we have to take a position. Either everyone is allowed to buy in and receive creditable service or no one is. I feel sorry for this individual but those windows are established, the dates that you have to fill out the paperwork are clearly established, and the if you fail to do that then you have lost a year or two or three of your pension credit. It's a hard attitude to take on somebody who's a first responder and who puts their lives on the line, but I thought it was a hard attitude that the Democrat Majority took on some IDOT workers in my district who simply wanted to purchase the time that they spent in the Armed Forces so that they could buy up to five (5) years of their military time and I was told no, that Bill was… won't even be granted a hearing. I'm not saying… and I'm not taking this position because the workers in my district were denied an 09500036.doc 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 opportunity. I just think if we're going to take this attitude that pension windows are closed until we figure out how to fully fund our pension system then they're closed. And if you allow it to open for one person then how am I to go back to the six (6) IDOT workers in my district and say, I couldn't and wasn't allowed to open a window for you, even though you wanted to buy your time. Because don't think that state workers, police officers, first responders don't know what goes on down here in all of the pension systems. And if one of them is treated differently then all of the others will be in your offices as well as mine saying that that's not right, that's not fair. If one person can get creditable service restored then I should have a right to purchase creditable service while I was on active duty in Iraq in 1991. I mean, to me it's just a simple item of fairness and until we can decide what we want to do and how we're going to fund and finance the pension funding crisis then… what I was told was that the pension window is closed and that it will remain closed, and I took that at its word. And I intend to vote 'present' on the Lady's Bill, certainly not against her police officer, not against the integrity of the Sponsor, but because it was my understanding that pension windows are closed. And I take the person who told me that at his word."
"We're going to move this to Standard Debate to accommodate a number of Members. Representative Holbrook, you're recognized for 5 minutes."
"Well, thank you. To the Bill." 09500036.doc 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"To the Bill."
"I've talked to the mayor of Shiloh. I represent a very small portion of that town. They… this was a mix-up. I won't… they won't lay the blame on anyone but this is one officer. He's a sworn office and he's doin' his job. The mayor, the council people, the trustees, they would like to get him covered. Now, we're not going to put the blame on where it happened, whether it was the U.S. mail or the village clerk or the policeman himself or whatever. But this was something the man was left out. He wants to get in. He's willing to pay plus interest and he's askin' for a window. And I couldn't agree with Mr. Black more, now this could open up a hundred different issues. But in this case, this is the first one I've seen come in as a policeman where there's been a mix-up like this. I think it's reasonable that we allow it. He's willing to pay the interest, he's willing to pay and have it done by January 1, and I think this is a fair way to allow him back in through this mix-up. And I would appreciate an 'aye' vote."
"Representative Lang."
"Ladies and Gentlemen, I rise in favor of the Lady's Bill. You know, I… I heard the comments of a previous speaker regarding the pension system's being closed and locked out, et cetera, but Representative Younge and Representative Holbrook have one specific person in their area, Representative Younge's district and a city that Representative Holbrook represents in part, they're trying to help this situation. We all come down here with the 09500036.doc 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 idea that we are State Representatives and we represent everyone in the state, but we also have a special duty to the people we represent. The Lady's got a reasonable Bill to help a police officer in her own district. It's a very specific situation and she comes to address, as Representative Younge always does in these cases, she comes to address a very specific problem within her district. We all come down here with the idea that we're going to do that from time to time, and because of that I think the Lady deserves the benefit of the doubt and I think she deserves our support in her effort to help her constituent. Thank you."
"Representative Black… or Representative Younge to close."
"I would appreciate your support for this matter."
"The question is, 'Shall House Bill 1605 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Biggins, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 91 voting 'yes' and 14 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Turner in the Chair."
Speaker Turner: "Mr. Clerk, read Supplemental Calendar #1, please. On the Order of Supplemental Calendar #1, we have House Bill 811. Read the Bill, Mr. Clerk."
"House Bill 811, a Bill for an Act concerning revenue. Second-Reading of this House Bill. Amendment #1 09500036.doc 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. On the Order of Supplemental Calendar #1, we have House Bill 1231. Read the Bill, Mr. Clerk."
"House Bill 1231, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. On the Order of Supplemental Calendar #1, we have House Bill 1974. Read the Bill, Mr. Clerk."
"House Bill 1974, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
Speaker Turner: "Third Reading. On the Order of Second Readings, we have Senate Bill 377. Representative Molaro. Read the Bill, Mr. Clerk."
"Senate Bill 377, a Bill for an Act concerning public employee benefits. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
Speaker Turner: "Third Reading. On the Order of Third Readings, Representative Burke… On the Order of Third Readings, we have House Bill 876, Representative Crespo. Out of the record. On the Order of Third Readings, we have House Bill 1732, Representative Feigenholtz. Read the Bill, Mr. Clerk." 09500036.doc 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Bill 1732, a Bill for an Act concerning public health. Third Reading of this House Bill."
Speaker Turner: "The Lady from Cook, Representative Feigenholtz."
"Thank you, Mr. Speaker. House Bill 1732 amends the Vital Records Act and defines 'medical treatment'. It provides that the Office of Vital Records shall establish a new certificate of birth when an affidavit from a physician is presented. I'd be glad to answer any questions."
Speaker Turner: "The Gentleman from Jasper, Representative Reis, for what reason do you rise?"
"Will the Sponsor yield, please?"
"She indicates she will."
"Representative, what's the genesis of this Bill?" Feigenholtz: This is a constituent matter that I'm trying to rectify with the Department of Public Health."
"Could you explain a little bit more what the Bill does?"
"This Bill has a… affects a person in my district who left the country to reassign their gender. When they came back with an affidavit from a physician that… it was not valid in this state. So, essentially, what this Bill does, is ask that person to go to a physician to get confirmation on this medical treatment that they have received, and to take to Vital Records to get a new birth certificate issued."
"What do you characterize as a medical treatment?"
"The medical treatment is a hormone treatment or surgery." 09500036.doc 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"So, let me get this straight. You're wanting to create a new statute so that a doctor can say that a person who really wants to be another person, but doesn't really want to be another person, but as long as their getting hormone shots, that they can go and change their birth certificate to change their sex?"
"They're already doing that, Sir. Essentially…"
"No, they have to actually do the surgery now. You're saying that all they have to do is go and get shots, hormones and then they can go do the same thing."
"That's correct."
"Okay. I hope everybody's listening. This is one of those votes, Ladies and Gentlemen, if you vote 'yes' for this, you are saying that you can… a person can go and get hormone shots, and change the sex on their birth certificate, even though they have not gone and done the surgery. Now, I shake my head at some Bills that come through here, but this is one that takes the cake, Representative."
"Thank you."
"I just want to make sure that everyone knows what they're voting on, when they vote on this Bill. It is there are no surgical requirements anymore, this would just allow hormone shots, and they could change their sex on their birth certificate. Thank you."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Well, thank you very much, Mr. Speaker. With my track record this afternoon if I speak against it, it'll probably 09500036.doc 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 pass. If I speak for it, it'll probably fail. So I'm in a quandary, but I think my friend and colleague, Representative Reis, expressed some of the concerns that many of us have. Illinois law currently allows you to change the gender on your birth certificate if a doctor signs an affidavit and affirms that you have undergone transgender surgery. This Bill would allow for you to choose your gender on your birth certificate if you have undergone a series of hormonal shots, herbal treatments, I don't know what all is involved, maybe you went somewhere and a voodoo doctor said you are now a man where you had been a woman. But the bottom line is, and I don't mean to make light of the Sponsor's intent, ya know, at some point for all of the records that determine… are determined by your birth certificate, which you will now have to change, your Social Security, your life insurance, it goes on, and on, and on, under the Vital Records Act. You know, now the State of Illinois, if this law, if this Bill becomes law, adopts a very, very vague standard to change one's gender or sex on your birth certificate. Now, I realize that technology has changed a great deal since I was born a long, long time ago. But at some point, without the requisite surgery and the complete change, you're either a male or a female. And to undergo a series of injections and medical treatment so that you no longer have to shave, or whatever the case may be, or just simply changing your name and change the way you dress does not mean that you should simply be able to go to the Department of Vital Records and say, 'I don't want to be listed as a male 09500036.doc 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 anymore, I want to be listed as a female.' I mean, I've often thought that perhaps I was a female trapped in a male body. I know, it scares me, too, especially when I look in the mirror. But I'm stuck. My birth certificate, my late mother, my father, my brother, well, my brother may be on the fence, I'm not sure, but those people and my birth certificate say, I'm a male. I wish I didn't have to shave everyday. There's a lot of things I wish I could change. I wish I didn't have so much hair under my arms so I didn't sweat so much. So I wouldn't have to launder my shirts everyday, I'd get to wear my shirts once. I've liked to take some of the medication I see on the pharmaceutical ads on television. I'd like to smell better. I'd like to have softer skin. I'd like to look better. I wish my hair was longer. I wish I could do something with my hair. My birth certificate says I'm a male and that's what I am. And all of the shots and all of the questionable medical treatment in the world is not going to change that unless I choose to have very expensive surgery changing my entire system around. And who knows, that might be the most exciting thing that's happened to me in sixty-five (65) years. It would be nice to have Mike Bost take me out to dinner instead of me having taking Mike Bost out to dinner. It might be nice to have Ron Stephens take me to a movie, rather than me taking Ron Stephens to a movie where he promptly falls asleep. Would have been nice if I could have had a date to the senior prom, every girl I asked turned me down."
"Bring your remarks to a close." 09500036.doc 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"I don't even know how to on this issue. I, again, I'm making light of something that the Sponsor is doing on behalf of a constituent. And I don't mean to make light of it. And I know there are people who are transgender challenged, but the law is clear. If you have the surgery, and in fact, are changed, your birth certificate can be changed. But I don't think we need to make this any easier. You're a male or a female. You can't check a box in the middle. Now, if you want to go through the surgical process, I don't have a problem with that and current Illinois law doesn't have a problem with that. But this does go a little too far and I don't think we need to make it easy, because it's not an easy process and they're all kinds of ripple effects to changing one's gender and birth certificate. This Bill goes too far and in all due respect to the Sponsor, should not pass."
Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what reason do you rise?"
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates she will."
"Speaker, first of all I have to say that I'm somewhat put off. The previous speaker has burnt an image into my brain which may never go away. That having been said, Representative Feigenholtz… You know, I know he was trying to make a point but the previous speaker did kind of make light of this. The language in your Bill really only adds two (2) lines to the existing law, correct?"
"That is correct." 09500036.doc 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Do me a favor and enlighten the Body and Members if you would please. Will you read specifically those two (2) lines?"
"On page 3 of the Bill, line 6, Section 13 says, 'medical treatment means any surgical operation or other medical procedure causing irreversible gender change.'"
"What was the…"
"Representative Fritchey, that is determined by a physician."
"If I may, the last part of that was, 'other medical procedure causing irreversible gender change.' Correct?"
"Correct. Correct."
"This isn't someone that can go take a multivitamin and now say I want to change my birth certificate. Correct?"
"Correct."
"It's not somebody that goes in and gets an allergy shot and says I want to change my birth certificate. Correct?"
"That is correct."
"This is somebody that undergoes a surgical operation or other medical procedure which causes irreversible gender change. Correct?"
"Correct."
"As a matter of fact there are some individuals that for a number of reasons are unable to have surgery. Isn't that right?"
"That is right." 09500036.doc 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Individuals that have had previous cancer or radiation to pelvic regions could likely not have surgery in this case. Correct?"
"Correct."
"A paraplegic could likely not have surgery in this case. Correct?"
"Correct. Somebody with coronary artery disease or asthma…"
"Somebody that… how about this. How about somebody that is… cannot take a general anesthetic? They couldn't have surgery. Isn't that correct?"
"Correct."
"So, in that case if they were to decided… determined to do this as both of the previous speakers acknowledged, the gender change and the change of your birth certificate is already allowed in the State of Illinois."
"Absolutely."
"That's not what is before this Body is whether we want to let people do that."
"Correct."
"All this does and while the… one of the previous speaker says it takes the cake, this isn't even a bite of the cake. All this does is provide that under existing law those individuals that cannot have surgery, but wish to undergo a gender change and take sufficient steps to have another medical procedure which causes an irreversible gender change, would now have these same rights and abilities afforded under Illinois law to somebody that gets that gender change via surgery. Correct?" 09500036.doc 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Correct."
"That's all this Bill does. Ladies and Gentlemen, this is not that big of deal except for the people that it affects. We are not breaking new ground here. We are not permitting a breakthrough change in Illinois law allowing a switch in gender to get a birth certificate change. The Body acknowledged that, the House has previously okayed that, the Senate's okayed that, it's been signed into law, it's the law of the land. All this says is for those individuals that cannot have surgery, if they take a procedure that causes irreversible gender change, they can have the same rights and privileges as the people that underwent the gender via medical procedure. Ladies and Gentlemen, it’s all well and good to have light-hearted debate sometimes. Sometimes we're better suited to merely read the Bill. There's two (2) lines in this Bill, Ladies and Gentlemen, read them. It doesn't make that make that much of a change in Illinois law. It is a reasonable change. And it is the right thing to do. Thank you."
Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Thank you, Mr. Speaker. My name was used in debate and I'm not sure why. I wonder if the Lady would yield for a question."
"She indicates she will."
"Representative, help me understand vital records. Who owns a birth certificate? Who's a birth certificate issued to?"
"An individual." 09500036.doc 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"So, as a baby in the hospital, it's issued to you? I thought it was issued to your parents."
"Well, I would imagine that when that person becomes old enough to request it, that’s their document, Mr. Stephens."
"You can call me Representative, it's okay. We know each other very well."
"It's public record."
"It's a public record, of course, but it's issued to the parents. It's not issued to the child. It's issued to the child, Mr. Speaker. If the birth certificate…"
"It's issued to the parents on behalf of the child, Representative."
"It is issued to the, excuse me, to the parents of the child and they are the owners of the document. And I wonder if they object to a child changing the sex with which they were born, do they have recourse? Again, excuse me, a question to the Sponsor. If my son decides he wants to become a woman and his mother and I object and we save that birth certificate…"
"Representative, that's not relevant to this Bill."
"No, it is relevant. They issued the birth certificate… was issued to me and to my wife. And we want to know can our son who decides for whatever reason he wants to change his sex, can he change our birth certificate? We say we had a son. Now it's going to say we had a daughter. Don't we have any rights? I can't believe we're debating this. The people I represent, think 09500036.doc 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 we've gone crazy. Why in the world are we debating what seems to be the folks of my district… I mean, last week we gave illegal aliens driver's licenses. They were shocked and dismayed by that and now we're going to go home and say, by the way, if you were born a boy and decide you want to be a girl, you can change your birth certificate.' They think we've lost our minds. And quite frankly, this is more evidence of the same."
"The Gentleman from Champaign, Representative Rose, for what reason do you rise?"
"In opposition to the Bill."
"Okay."
"Thank you. I don't know what is going on here today, but I know that almost two (2) months ago we, this Body, passed a Bill on Ameren in the State Senate and nothing's happened. And here we are today where my constituents are out there with no refund on electric Bills and we're talking about trying to deny evolutionary DNA, basic root biology. I mean, if you to change your sex, have the operation, change your sex. But don't decide, oh, I might do something, take some shots and then decide to quit taking shots. How do you possibly, possibly bring this forward when there's so much that this Body needs to be considering other than this? I mean, apparently is the right motif of the day that first it's deers and I don't know, maybe, the DNR will issue sex change certificates to deer. But here we are today doing that and now we're doing this, in the meantime we got a lot of important things to do out there." 09500036.doc 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Will the Sponsor yield for a quick question?"
"She indicates she will."
"I'm sitting here trying to understand why someone would want or have to have this. I guess my question is, what is the purpose of an individual doing this? What legal purpose does this serve?"
"Representative, many people go out of the country or undergo this surgery out of the country. And they come back and they need an affidavit to provide to the Department of Vital Records. It's a reflection of their reassigned gender."
"Okay. But what is it…"
"If… So if I were… if someone was to have this surgery in Illinois or in this country, that affidavit from a physician in this country would be sufficient, but Illinois does not recognize physicians from another country. Therefore, this person would have to be examined by a physician in Illinois and obtain that affidavit from that physician. That is the purpose. It's a very simple Bill. It's not complicated at all. I know that somebody's looking for the boogeyman in this Bill, but unfortunately, it's just not there. This is a Bill that's supported by the Illinois State Medical Society. Doctors seem to understand it. I have a letter from a physician in my file explaining. Representative Fritchey asked me a few questions about why some people are not able to get surgery, they have other health problems that 09500036.doc 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 contraindicate a surgical procedure and can accomplish their goal through hormone treatment. That is the purpose of this Bill."
"Okay."
"If you want to have a larger discussion and…"
"Well, I just want to know what this does for an individual who's able to now state by their birth certificate that they are of a different gender than they were before. What is the purpose, the larger purpose of being able to do that? What does that gain them that they can't exercise now as far as a legal right?"
"A lot of legal documents are dependent on a birth certificate, Representative."
"I understand that, but we treat a male birth certificate to receive legal documents the same as we treat a female. Otherwise, it's a civil rights violation, because we'd be violating their rights based on gender. I guess the larger question I have as to the purpose is, what… what is the individual able to do with a birth certificate that shows them as a female as opposed to a birth certificate that shows them as a male?"
"I would imagine it might be a little difficult to get a passport."
"If you're a female who wants to state that you're a male, it's more difficult to get a passport if you're birth certificate doesn't state that?"
"It doesn't reflect your actual reassigned gender. That is correct." 09500036.doc 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"So, do you know that to be a fact? Have there been problems, have there been circumstances where people aren't able to do that?"
"I'm certain of it."
"You're certain of that… that's happened to people who attempted to get a passport. They've run into this situation because their birth certificate didn't match what they were claiming as their gender?"
"Or what their birth certificate reflected as their gender after their reassigned gender."
"I appreciate you answering my questions. I'm still very perplexed by this…"
"And… mind you, we're already doing this. This is about physicians out of the country who perform…"
"Then if we're absolutely already doing this, there's no need for the Bill. If we're already doing everything this Bill does, there's no reason for the Bill. It does something."
"Representative Eddy, bring your remarks to a close. No further speakers. Representative Feigenholtz to close."
"Ladies and Gentlemen, I think that there's a lot of confusion about what this Bill does. And I think that for purposes of clarification, this is a Bill that I've worked on with the Department of Public Health and the Illinois State Medical Society with their cooperation. It's unfortunate that some of my colleagues are confused or trying to confuse other Members here about something that's 09500036.doc 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 relatively simple. And I would appreciate your consideration on this Bill. Thank you."
"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. 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 32 voting 'aye', 78 voting 'no'. And this Bill fails. On the Order of Third Readings, we have House Bill 736. Representative Flider. Read the Bill, Mr. Clerk."
"House Bill 736, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Out of the record. On the Order of Third Readings, we have Representative Franks on House Bill 374. Read the Bill, Mr. Clerk."
"House Bill 374, a Bill for an Act concerning employment. Third Reading of this House Bill."
"The Gentleman from McHenry."
"Thank you, Mr. Speaker. This Bill deals with the Family Medical Leave Act. And what it does is it expands it in such a way that it allows the in-laws to be part of the Family Medical Leave Act. And here's an example: If my parents got sick, this would allow my wife to be able to take off from work and help take care of my folks. Right now ,she couldn't do that under the Family Medical Leave Act and that's what this Bill does. I'd be glad to answer any questions." 09500036.doc 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Seeing no questions, the question is, 'Shall the House pass House Bill 374?' All those in favor should vote 'aye'… I'm sorry, the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, I rise in opposition to the Bill. I don't know where the expansion stops, cousins, former in-laws, weird uncles. But on a more serious vein and I know that the Sponsor of the Bill is always well-intentioned, but the business community has made it very clear on this Bill, enough is enough. We already have a rather long list of people who qualify for unpaid leave. And only half-joking, in a coffee shop not long ago over the spring break, it was only half in jest that a local employer turned me a small businessman who employs up to twenty-four (24) twenty-five (25) people. I can't remember how many now. The business fluctuates with the weather. And he said, 'Bill, would you Sponsor for me next year a Bill that is called the Family and Medical Leave Work Act, so that people who are taking weeks of leave, I could go to them and say would you work? Would you work twenty (20) weeks this year?' And I think he was only partially in jest. This is just another Bill that sounds good. I don't have any personal problems with the Bill. I know what it is to have members in your family who are sick, but the list is rather comprehensive. We all have to make decisions; we all have to make critical decisions. Do you come here when we're in Session? Do we go visit an ailing cousin? Do we go visit an ailing friend? Life is full of these kinds of decisions and they 09500036.doc 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 aren't easy. But I would submit to you that it isn't easy to run a business in this state, either. And we continue to make it more and more difficult and we wonder why Honda chose to go to Indiana, when I thought the superior site was in my home county. Will we wonder if FutureGen comes to Illinois? Or will we wonder if it goes to Texas. All you have to do is look at the number of jobs we've lost in the last two (2) or three (3) years. And when you have a Governor who runs around the state and tells businesses if you don't like my plan, hit the road, hit the road. I had a manager of a plant in Danville, it's the largest single employer in Vermilion County said to that statement, I don't have to do business in Illinois. I don't have to do business in the United States of America. I can set up and do business in any country in this world.' The company is owned by a German firm. And he said, 'How dare your chief executive officer tell me to hit the road if I don't agree with his policy. Well, by God, maybe I will hit the road and take nine hundred (900) jobs with me.' Well, what a winning combination that is. Enough is enough. If there are no employers, there are no employees. If there are no employees, there's no dignity. There are no wages. There's no economy. You've got a Family and Medical Leave Act, it works fairly well. But you can't come back here every year and change it. You can't constantly add to the burden that Illinois' employers already face. If you want an economy, if you want people to work in the inner city or the rural areas of Illinois, you've got to encourage employers, those who create jobs, to come to Illinois and 09500036.doc 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 to stay in Illinois. And the last thing you tell 'em is hit the road."
"Representative Franks to close."
"Thank you. That's a tough act to follow. I appreciate the prior speaker's comments, but this is not the Gross Receipts Tax. This is… this is not… this is not… and I happen to agree with him on that. This is not anti- business. As a matter of fact it's pro business and it's also pro family. It helps family because they could determine who would be the best caregiver and to allow people to keep working. I'm a small businessman. We have… we employ twenty-five (25) people in my office and then a number of businesses that we're affiliated with. And no one has thought this is a bad idea. Every person that I've asked about this Bill, they've told me it's a good idea because it will keep people working. I can tell you, I would not be a very good caregiver to my folks. Besides the fact that they like my wife more than me, she would be much better able to provide that service. And I think if we allow that flexibility and we'll keep people working, keep our businesses going, and this is what we need I think. I think it's a strong statement to show that we do care about our families and we do care about our businesses. I disagree with the previous speaker, it's not anti-business. I think it's good for everyone and I'd encourage an 'aye' vote."
"The question is, 'Shall House Bill 374 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who 09500036.doc 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 58 voting 'aye', 53 voting 'no'. Representative Franks?"
"I'd ask for it to be on Postponed Consideration."
"The Gentleman asks… Leave is granted. This Bill will be placed on the Order of Postponed Consideration. Representative Golar on House Bill 3653. Read the Bill, Mr. Clerk."
"House Bill 3653, a Bill for an Act concerning insurance. Third Reading of this House Bill."
"Thank you, Mr. Speaker, Members of the House. House Bill 3653 basically is a Bill… creates the Medical Malpractice Liability Insurance Premium Assistance Fund Act. It provides for a Medical Malpractice Liability Insurance Premium Assistance Fund to be created as a special fund in the State Treasury to be used by the Divisions of Insurance to provide assistance for payments…"
Speaker Turner: "Representative, I understand there's an Amendment #2 that has not been adopted. Do you want that to be placed on the Bill? If so, we may want to wait."
"I'm sorry, Mr. Speaker. Yes. Thank you."
"Let's bring the Bill back to the Order of Second Reading for purposes of adopting Amendment #2. Mr. Clerk, read the Bill."
"House Bill 3653, a Bill for an Act concerning insurance. The Bill has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Golar, has been approved for consideration." 09500036.doc 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Representative Golar on Amendment #2."
"Thank you, Mr. Speaker. The Amendment… House Bill 3653 by replacing everything after the enacting clause with the following: Basically, this Bill is… was primarily set up as a… to address areas in neighborhoods in the state where majority of residents are at or below 300 percent of the federal poverty level."
"The Lady moves for the adoption of Amendment #2. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the Amendment is adopted. Further Amendments."
"No further Amendments."
"Third Reading. Representative Gordon on House Bill 1462. Read the Bill, Mr. Clerk."
"House Bill 1462, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Thank you, Mr. Speaker. Ladies and Gentlemen, House Bill 1462 amends the Civil Procedure Code to provide the statute of limitations for any lawsuit that arises out of an injury caused by sexual conduct or sexual penetration, does not run during a time period when the injured person is subject to threats or intimidation by the perpetrator or someone acting on behalf of the perpetrator. There was… this was discussed in committee and there was some suggestions made. Those were adopted. I thank Representative Rose for making those suggestions. And I would ask for your support on this Bill."
"Seeing no questions, the question is, 'Shall the House adopt House Bill 1462… should the House pass 09500036.doc 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 House Bill 1462?' 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? Representative Hannig? The Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Graham on House Bill 796. Out of the record. Representative Pritchard on House Bill 1559. Read the Bill, Mr. Clerk,"
"House Bill 1559, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Gentleman from DeKalb."
"Yes. Mr. Speaker, this Bill provides guidelines for the collection and usage of biometric information for those schools or districts that choose to collect such information. This is an issue that was brought to me by some young people from one of the towns in my community where the school district was forcing all students to submit to certain biologic information. And what this Bill does is it allows for those students and those families that so choose to opt out of this system, yet goes further and sets guidelines for how biometric information can be kept and destroyed and shared and made confidential. It's a very comprehensive Bill and I would ask for your support."
"Seeing no questions, the question is, 'Shall the House pass House Bill 1559?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now 09500036.doc 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 open. Have all voted who wish? Have all voted who wish? Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Representative Reis, we have House Bill 196. Read the Bill, Mr. Clerk."
"House Bill 196, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Thank you, Mr. Chairman and Ladies and Gentlemen of the House. House Bill 196 would require that the Governor's Office report to the General Assembly the fiscal impact of all Executive Orders issued or signed during the previous fiscal year. This is just a good government transparency Bill and I ask for your support."
"Seeing no questions, the question is, 'Shall the House pass House Bill 196?' 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? The Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Representative Rose, we have House Bill 622. Read the Bill, Mr. Clerk."
"House Bill 622, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Thank you, Mr. Speaker. House Bill 622 is an extremely important Bill that deals with drug courts and the nature 09500036.doc 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 of drug courts and right now in Illinois, the larger more affluent counties have drug courts. Unfortunately, in the small more rural counties, and frankly the vast majority of counties over 80 percent do not have drug courts because they simply can't afford them. This would establish a grant program subject to appropriation to provide monies for the treatment and clinical intervention, monitoring supervision, and management via probation task or licensed Division of Alcohol or other organizations licensed by the Division of Alcohol and Substance Abuse, introduce via training, and other activities, data collection and whatnot. Ladies and Gentlemen, drug courts nationally have been studied for over two (2) decades. One of the things we've learned is that graduates who go in Department of Corrections, I use that word loosely, 48 percent of them will be back within a single year for drug addicted criminals who are paroled, 48 percent will be back. Drug courts: only about 13 percent are considered recidivists after three (3) years. It costs twenty-five thousand dollars ($25,000) a year to incarcerate, it costs five thousand dollars ($5,000) to do drug court. We could save the taxpayers of the State of Illinois somewhere in the neighborhood of eighty million dollars ($80,000,000) if we were to reduce recidivism from 48 percent in a single year down to 13 to 14 percent with drug courts. It's studied, it's peer reviewed, are what I would consider our peer states the Michigans, the Ohios, Californias, New Yorks have had these for years. But unfortunately, right now one of the richer more affluent counties in the state have drug 09500036.doc 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 courts. Every county should have access to this, if they so choose and this would help them do that. I want to thank IRETA, I want to thank TASC. I want to thank the Illinois Drug Court Alliance Association as well as the Vision of Alcohol and Substance Abuse who have spent hours upon hours working on this legislation. It's been through numerous Amendments and it's here before you today. And I ask for its favorable consideration."
"Seeing no questions, the question is, 'Shall the House pass House Bill 622?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Representative Kosel? Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Watson, on the Order of Third Readings, we have House Bill 486. Read the Bill, Mr. Clerk."
"House Bill 486, a Bill for an Act concerning education. Third Reading of this House Bill."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is simply is an update. Right now, the University of Illinois provides veterans' scholarships for every conflict except for the two (2) current conflicts: the one in Iraq and Afghanistan. This simply says that children of these veterans will be eligible for scholarships. It covers tuition only and I'd be more than happy to answer any questions." 09500036.doc 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Seeing no questions, the question is, 'Shall the House pass House Bill 486?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Representative Currie? The Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dugan, on House Bill 3583. Read the Bill, Mr. Clerk."
"House Bill 3583, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Thank you, Speaker, Members of the House. House Bill 3583… we just had an Amendment that we adopted to it last week. But this addresses an issue about school bus drivers who up until this point, and it was brought to me by a school superintendent, where we have a bus driver who may be under the influence of alcohol… be able to be tested for that. And then, of course, if disciplined that that stays on his record. It's a reporting process that now the Secretary of State has for drugs, but unfortunately, we found for alcohol, bus drivers were not included. So, it's just a reporting process that now will carry through to bus drivers for alcohol use, along with drug use that's already in place. So, I'll answer any questions." Speaker Turner: "The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Will the Sponsor yield for a couple questions?"
"She indicates she will." 09500036.doc 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Representative, this does not in any way affect the statutory requirement of drug testing for school bus drivers."
"Correct. It does not affect that."
"This is in addition to that requirement."
"Correct."
"So, that if someone who hasn't been chosen for random testing is suspected of use then the school district could request, or not just request, but require a test for that bus driver."
"That's correct."
"Okay. I read in this something that I'm wanting to see if I can get you to define for me. It says there has to be a substantial reason to suspect the driver is under the influence of alcohol. Can you tell me kind of what 'substantial reason to suspect' means?"
"Well, Representative, when I had first filed this Bill and I just want to say the Secretary of State's Office actually helped with the wording when we did the Amendment to make sure that it did address it in such a way that we have reasonable, substantial reasons to believe if someone is on drugs. So, unfortunately, I can't respond as to specifics, I just know they worded it when they did the Amendment for me to make sure that it addressed it the same way we do with drugs and that type of thing that's already in place."
"Okay. So, really what you're stating right now is that a school district, if they had substantial reason to 09500036.doc 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 suspect that a driver was under the influence of drugs or alcohol, they don't already have that authority?"
"What the… what the issue is, is not the fact that the school district doesn’t have the authority, Representative. What the issue is, is that if it's drugs, now the way it's set up, if someone is found to have drugs and their disciplined and they're fired from say their job, the school district has to report that to the Secretary of State and it then follows that bus driver no matter where they may go. It was found by a school superintendent that that same law did not affect a bus driver if they were found to have alcohol tested positive and were fired, that would not have to be reported to the Secretary of State, so it wouldn't follow them around the state if they wanted to get another bus driver job. So, that's what this is really trying to address."
"Okay. I appreciate the clarifications on that. Thank you."
"Seeing no further questions, Representative Dugan to close."
"I would just like an 'aye' vote. This again is just another protection for the… the children. Thank you."
"The question is, 'Shall the House pass House Bill 3583?' 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? The Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared 09500036.doc 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 passed. Representative Burke, we have House Bill 1059. Read the Bill, Mr. Clerk."
"House Bill 1059, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1059 will allow a municipality or a county to oppose a monthly surcharge of ten cents ($.10) on telephone bills for two (2) years to pay for the purchase and maintenance of automated external defibrillators, AEDs. And that would be provided to schools, parks, and other places in the society that would require the placement of AEDs. This is an initiative of the Lieutenant Governor's Office. I'd be happy to answer any questions."
Speaker Turner: "Seeing no questions, the question is… Representative Black, for what reason do you rise?"
"Will the Sponsor yield, Mr. Speaker?"
"Indicates he will."
"Representative, the front door referendum is a requirement. The entity could not put the… this new surcharge on telephone bills… telephone connections, excuse me, without a front door referendum, correct?"
"You're absolutely right, Representative."
"Okay. And there are no exceptions. This wouldn't… a Home Rule city would have to put a referendum on the ballot just as a non-Home Rule city would, as well. Correct?"
"That is my understanding. Yes."
"You've got a Bill doing a sunset on this new fee, it cannot extend longer than two (2) years. Right?"
"That is correct." 09500036.doc 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Okay. Thank you very much."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Would the Sponsor yield for a quick question?"
"Indicates he will."
"Representative, the question I have related to this for a school district can by front door referendum put this on a ballot. Is this something that's outside the tax caps or is this affected by caps in anyway, this referen… or is this still subject to the cap?"
"I think… I'm afraid I wouldn't be able to answer that. I don't know the answer to that."
"Okay. If you could check that as this moves through to see, 'cause otherwise it just shifts it. I just am curious about that."
"Yeah. I'll definitely get an answer for you."
"Thank you."
"Representative Burke to close."
"Thank you again, Mr. Speaker, Ladies and Gentlemen. As we know, this lifesaving device is a very, very important factor in our society in terms of those that suffer from cardiac arrest. And in many communities across the state, the resources are not available to make the purchase of these devices. And I believe this is one solution to afford communities the opportunity to place AEDs in places that the public would visit. And I'd ask for the Body's favorable consideration."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 1059?' All those in favor 09500036.doc 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 should vote 'aye'; all those opposed vote 'no'. 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 73 voting 'aye', 38 voting 'no', 1 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Currie, you have House Bill 3658. Read the Bill, Mr. Clerk."
"House Bill 3658, a Bill for an Act concerning public safety. Third Reading of this House Bill." Currie: Thank you, Speaker and Members of the House. This is a measure that would say that children under the age of twelve (12) when using portable gas cans should be under the supervision of an adult. As introduced, the Bill applied to children fourteen (14) and under, but in committee people suggested that perhaps a lower age would be safer. This has the support of consumer groups and the Consumer Federation of America. It does indicate that the problem of children using these kinds of receptacles without adult supervision is real. So, I would appreciate your support for this measure that I think will help educate parents and protect young children."
Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. Does the Sponsor yield?"
"Indicates she will."
"Representative, is it my understanding then that we have children that are like ten- and twelve-years-old that mow yards and do things like that around our communities, I don't know if you don't have that in your community, but 09500036.doc 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 quite often they carry the gas can right with their mower and their going to start those mowers and do a job and maybe encourage them to work and do things that now all of a sudden we're going to say they cant do that. Is that what this does?"
"Well, as I say, Representative, as introduced the Bill did apply to slightly older children and we amended it so it applies to kids under the age of twelve (12) precisely for the reasons you say. But according to our statistics, kids under the age of twelve (12) are at risk from these… these containers and the effort here is to try to protect them. There's no penalty in the Bill, but we think it's important for parents to be alert to the dangers inherent in these items that are quite volatile. And as I say, we amended the Bill so that we were not intending to interfere with the kids who are earning money to pay for the movies or pay for their way through college, the older children."
"Okay. My question here is, I mean… just to the Bill, Mr. Speaker. Ladies and Gentlemen, I know times have changed, but I started working whenever I was eight- or nine-years-old and it was a good thing, it was a good thing. I worked around a trucking company with my family. I worked… they made sure that I was safe. It was their responsibility to teach me properly to handle quite often the equipment that you'd be surprised that I actually handled at that age. But our farm communities were taught at an early age to been involved with the family business, whether it's farming, trucking, whatever. And our parents, it is their responsibility to teach us safety and for the 09500036.doc 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 most part they did a very good job at that. Occasionally, accidents still happen. But all of a sudden for government to get involved and say, oh no, no, no, once again let's discourage our kids from working. Let's make sure that we put all kinds of government controls out there because if you as a parent say that your child should work in an area where they might have to use a mower, or they might have to use a piece of power equipment, or they might have to use something to that effect, then they might hurt themselves, well, we as a government should come in and stop and say. No don't you dare let them do that because working at that young age is wrong. I think probably that's… about we're heading down the path we are in this country. We're discouraging young people at every corner from trying to work. Teaching them early on the ethics of hard work. I'm concerned about this. No one in this chamber believes that we should encourage children to do something unsafe, but there's a time we've got to say, government quit. Let parents be parents. And if their children are going to work and be encouraged to work, let them encourage them to work, not sit here and put all kinds of garbage like this out in place. Hey, I'm a firefighter. I want to make sure everybody's safe just as much as you do. But this has gone too far. Folks, I want to encourage my kids to work and I think this will discourage them from doing that. I encourage a 'no' vote."
"The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?"
"Will the Sponsor yield?" 09500036.doc 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Indicates she will."
"Ladies and Gentlemen of the House, with great respect for the Sponsor, but taking a strong position siding with the… my colleague who spoke previously. I just think this is a very invasive piece of legislation. The previous speaker mentioned the farming community which is where I think this would be one of the most troubling areas. Many young folks growing up on farms work with their parents and the example was used for mowing. Carry the example a step further. Carrying gasoline or diesel fuel to a vehicle in the field or just refilling a vehicle, it is not uncommon at all for a farm kid, eleven-, twelve-, ten-years-old to be driving farm equipment. If they're driving it, they're maintaining it. And the previous speaker pointed out how invasive this is for government to get involved. And he used the example of let parents be parents, I couldn't agree more. They are there to police their children to ensure that they are safe. This is just a piece of legislation. I can't help but equate it to a piece of legislation we had in this Body three (3) weeks ago that dealt with individuals who smoke in an automobile when children are present. It's just a bridge too far. Government is getting too involved in the business of raising children. This is the kind of legislation that discourages people from allowing their children to be involved in the family business. And if something did happen, it's tragic enough that it would happen, now the parents are going to have to deal with a penalty that is assessed on them because they didn't follow government 09500036.doc 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 directions and allowed their child to carry a can of diesel fuel or a can of gasoline. I think this is very invasive legislation and like the previous speaker, I encourage a 'no' vote. Thank you."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you, Mr. Speaker. One of the most exciting afternoons I've had in weeks. By the way, do you have any idea when we get out? I just got this overwhelming urge to go take a bubble bath. Now, you can get back to me on that. Will the Sponsor yield?"
"Indicates she will."
"Representative, one of the things that fascinates me about this Bill is that it went to Human Services. Why?"
"Because, Representative, this is a Bill about protecting the safety and the health and the lives of our children."
"Oh."
"Those kinds of Bills, I think, will often go to the Human Services Committee."
"Oh. Well, I thought maybe it went to Human Services 'cause it'd be easier to get out of Human Services than Transportation or Ag, something like that. But that's a reasonable explanation. I'm intrigued about the gasoline container and how it has to have language on it… three- sixteenths of an inch telling you that if you're twelve (12) or under, I assume that's what it says."
"No, I think it's under twelve (12), Representative."
"Oh, under twelve (12)? Under twelve (12)." 09500036.doc 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Yes. Eleven (11) and under. Seven-year-olds should not be using these materials without adult supervision."
"Well, would depend on how mature the seven-year-old was. But… does this all of the existing fuel containers have to be disposed of? The ones that don't have the warning label?"
"No. It'll be going forward that the warning should appear on new ta… new containers."
"Oh. And so it's… it's purely prospective."
"It is prospective. Yes."
"Okay. I don't have to go out and buy a new container. So, I can use the container I have. Right?"
"Yes."
"Okay. Why did you decide to put diesel fuel in it? Diesel does not have the explosiveness or flammability of gasoline."
"I think… I think this was a suggestion from the Consumer Federation. I think they felt that diesel would be problematic, as well. I think we we’re following their suggestion, not from the whole organization, but from their staff."
"Who is the Consumer Federation?"
"Of America. It's a longstanding advocate for safety for consumers including grownups as well as children."
"I've never heard of them. Maybe they gave up on me long ago. I don't know. Are you sure the consumers of America… that reminds me of a song, that I want to burst into song." 09500036.doc 123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Go right ahead. You can do it. Sing in your bubble bath."
"I'm going to do that later. If you care to come over I'd be more than willing to… more than willing to sip a little wine with you as I did last night. But… again that's… again that's another story. Now, for those of you who are in the wrong direction, we were at the Presidential Museum, at a very nice dinner and did share a glass of wine. And as always, the Majority Leader was very gracious. I'm just… I just don't understand. I don't know if the consumers of America understand the difference between gasoline and diesel. Because I can guarantee you, on the farm you can tell your eleven-year-old, who's driving the lawn tractor or the garden tiller, to go to one of the tanks that we have on the farm to fill up with diesel and we're not concerned about that because diesel just does not have the explosiveness or the flammability of gasoline. So, I'm just… I'm not sure why they put diesel in there, but it's in there. I think the Bill has received more than enough debate. Obviously, you believe strongly in the legislation or you wouldn't have brought it forward. I join Representative Bost; I, too, worked at an early age. In fact, I worked at a gasoline station filling up the cars of wealthy people. Well, I was fourteen (14), I wasn't twelve (12). I wore a Texaco star, I had the name 'Bill' on my shirt, and to fill up your tank for eighteen cents ($.18) a gallon, I had to wash your windows, and check your oil. Oh, one of the… I had a step-stool to reach the window. But it was an exciting job and that's when I first 09500036.doc 124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 noticed the strange propensity of how nice gasoline smells, which may explain this afternoon. I don't know."
"The Gentleman from Champaign, Representative Rose, for what reason do you rise? The Lady from Cook, Representative Currie, to close."
"Thank you, Speaker. Members of the House, this is about safety, it's about health. It's not about discouraging eleven-, and ten-, and nine-year-olds from finding odd jobs to do on or off the farm. We don't let children this age become taxi drivers either, but nobody would suggest that our refusal to let them to ply that trade means that we're against them learning the skills of the workplace. This is only about safety, only about the health of our children. There are no penalties, but it's a reminder, an advisory to parents that they have a responsibility to protect these children from fire, from damaging themselves. The information we have from the Consumer Federation of America is that this is not an insignificant problem. To protect our children, our young children. I urge your 'aye' vote on House Bill 3658."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 3658?' 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? The Clerk shall take the record. On this question, there are 61 voting 'aye', 51 voting 'no', and 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Fritchey on House Bill 317. Out of the 09500036.doc 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 record. Representative Dunkin on House Bill 724. Read the Bill, Mr. Clerk."
"House Bill 724, a Bill for an Act concerning education. Third Reading of this House Bill."
"Thank you, Mr. Speaker. House Bill 724 is a Bill simply allows for the Culinary and Hospitality Institute of Chicago, also known as CHIC, to eliminate one of the accrediting agencies and it puts them in line with some of the other accrediting agencies, it already has about five (5). Currently, it's the Cordon Bleu Culinary of Arts and the Illinois Board of Higher Education, the State Board of Education and North Central Higher Education of Learning. Those of us who are familiar with higher education are quite aware that those are more than adequate accrediting agencies and we want to stop the duplication. And this Bill allows us to do that. So, I would ask and encourage an 'aye' vote."
"Seeing no questions, the question is, 'Shall the House pass House Bill 724?' 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? The Clerk shall take the record. On this question, there are 112 voting 'aye'; 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. We're going to move to the Order of Second Readings. I will be calling your name, you should determine at that time if you're ready to move the Bill to Third Reading. So, we're going to go to the Order of Second Readings. And the first Bill we'll call is House 09500036.doc 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Bill 1718, Representative Bradley. Read the Bill, Mr. Clerk."
"House Bill 1718, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative John Bradley, has been approved for consideration."
"The Gentleman from Williamson, Representative Bradley." Bradley, J.: "Thank you, Mr. Speaker. This is a… an agreed Bill. It has to do with the problem that has occurred with regards to five-member boards and their ability to talk without violating the Open Meetings Act. It would raise the amount of people necessary to actually pass legislation and would allow two (2) people to communicate on the board. And this is an agreed Bill between the Illinois Press Association, the Municipal League and the other organizations, as I understand it. Ask for…"
"Seeing no questions, the question is, 'Shall the House adopt House Amendment #1 to House Bill 1718?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. …we have House Bill 1775. Read the Bill, Mr. Clerk."
"House Bill 1775, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment 09500036.doc 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 #1 was adopted in committee. No Floor Amendments. No Motions filed."
Speaker Turner: "Third Reading. Representative Collins on House Bill 1517. Read the Bill? No, out of the record. Representative Monique Davis. Out of the record. Will… Will Davis on House Bill 2787. Read the Bill, Mr. Clerk."
"House Bill 2787, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Will Davis, has been approved for consideration." Davis, W.: "Thank you, Mr. Speaker. House Amendment #1 to 2787, this is in reference to a… a Bill that we're trying to move forward to create a pool of dollars by which allocations can be made to school districts who want to find new and creative ways to bring civics education into their classrooms. These will be professional development grants in order to accomplish that. So, the Amendment deals with how the money will be distributed. And I guess most important to the Members here it makes this Bill subject to appropriations. So, I ask for the adoption of Amendment #1."
"The Lady from Cook, Representative Bassi, for what reason do you rise?"
"Would the Sponsor yield?"
"He indicates he will."
"This particular initiative, if I recall correctly, Representative, came out of… is… is another product out of the Congressional Conference of Civic Education and the 09500036.doc 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Civic Education group that's loc… currently working in the State of Illinois, is that correct?" Davis, W.: "Absolutely."
"And Lieutenant Governor is very interested in moving this forward as well?" Davis, W.: "Yes, he is."
"Okay. I rise in strong support of the issue. Thank you." Davis, W.: "Thank you."
"Seeing no further questions, the question is, 'Shall the House adopt Amendment #1 to House Bill 2787?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Feigenholtz on House Bill 652. Read the Bill, Mr. Clerk."
"House Bill 652, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #3, offered by Representative Feigenholtz, has been approved for consideration."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is an agreed Amendment on the Community Care Program, which will help people stay at home longer prior to a premature nursing home visit. It is agreed by the Department of Aging and there… it doesn't cost anything." 09500036.doc 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #3 to House Bill 652?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Feigenholtz on House Bill 1529. Read the Bill, Mr. Clerk."
"House Bill 1529, a Bill for an Act concerning local government. Second Reading of this House Bill. The Bill has been read a second time previously. Amendment #1 was adopted in Committee. Floor Amendment #2, offered by Representative Feigenholtz, has been approved for consideration."
Speaker Turner: "The Lady from Cook, Representative Feigenholtz."
"Thank you, Mr. Speaker. Floor Amendment #2 lifts the language…"
"Mr. Clerk, take the Bill out of the record."
"…it… it guts and replaces…"
"Representative Feigenholtz…"
"I'm…"
"…take the Bill out of the record."
"I'm ready. I'm ready."
"We're not."
"I… I really am."
"We're not."
"You're not? Okay." 09500036.doc 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
Speaker Turner: "Take the Bill out of the record. Representative Flowers on House Bill 193. Representative Flowers. Read the Bill, Mr. Clerk."
"House Bill 193, a Bill for an Act concerning public health. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Flowers, has been approved for consideration."
"Representative Flowers."
"Would you please take this Bill out of the record? Thank you."
Speaker Turner: "Take the Bill out of the record. Representative Feigenholtz on House Bill 652. Out of the record. The Lady from Kankakee, Representative Dugan, for what reason do you rise?"
"Point of personal privilege, Speaker."
"State your point."
"I just wanted to say my… we just found out today my seatmate thought that she was going to get by with people not knowing that she celebrated a birthday yesterday. Now, I think we're saying it's her 29th birthday, but if we could offer our congratulations to Representative Golar on her birthday yesterday."
Speaker Turner: "Happy birthday, Representative Golar. Representative Feigenholtz on House Bill 1529. Read the Bill, Mr. Clerk."
"House Bill 1529, a Bill for an Act concerning local government. The Bill has been read a second time, previously. Amendment #1 was adopted in committee. Floor 09500036.doc 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Amendment #2, offered by Representative Feigenholtz, has been approved for consideration."
"Thank you, Mr. Speaker. House… Floor Amendment #2 is a gut and replace Amendment, becoming the Bill, makes two changes. First, it places the Bill in the section of the Property Tax Code and the other thing it does is ensures that Cook County shouldn't be required to accept credit cards for delinquent payments or any type of tax sales."
Speaker Turner: "The Gentleman from Lake, Representative Sullivan, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates she will."
"Representative, under this Bill you're… you're requiring Cook County to accept tax payments…"
"No… no, no, no. This… Representative Sullivan, this Bill does one thing and nothing else."
"Okay."
"All this Bill does is ask Cook County to accept credit… property tax payments on a credit card only until they are… the day after they're delinquent you cannot pay on a credit card. It's only to pay your property taxes."
"Certainly. So… and that's what I'm getting at. So, they can… people… you're requiring Cook County to accept this? Is… is this a requirement or not a requirement, I guess?"
"Yes." 09500036.doc 132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Okay. Is there a… an associated fee charged to the homeowner to process this credit card application… or credit card payment?"
"Current statute already allows any credit card payment from any county to pass the convenience fee along to the consumer."
"Typically that's 3 percent…"
"We're not changing that."
"…it… so that is… that's where I'm going with this. Is you're going to continue to have the 3 percent charge on them? Or whatever the convenience fee is?"
"It's… it… this is voluntary, first of all. So that if someone chooses to pay their property taxes on a credit card in Cook County…"
"Right."
"…they're actually already doing it in your county."
"It's volunteer… voluntary…"
"It's voluntary."
"…on the homeowner, but it's mandatory to accept on the county, should this become law?"
"Only Cook County."
"Right. Okay. Well, that… you answered my question. My question was, will you still have the convenience fee associated with this? And… and you answered that. Thank you."
"And it's actually going to be less than 3 percent and I can explain that to you later."
"I… I… Yes, I get that, thanks." 09500036.doc 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Gentleman from DuPage, Representative Meyer, for what reason do you rise?"
"Thank you, Mr. Speaker. Would the Sponsor yield? Rep… Representative, I… Representative, Representative…"
"I'm here."
"Okay. I just wanted to follow up on the previous questionnaire. When you're talking about convenience fee, you're talking about the percentage that is charged by the credit card company that the person that receives a payment would have to pay in order to process that charge?"
"That's correct. And it's… that fee, as you know… paying on a credit card and paying that fee is a choice of the consumer."
"But the way I understand it to work is that if I give you, the county, a credit card in… to… to run against my property taxes, that you as the county would have to pay that fee. And you're telling me you in turn would pass that fee along to me?"
"It's already in statute. Of what…"
"I just want to make sure you're going that."
"Yes, yes, yes. That's all… that's the only fee."
"You're collecting, basically, a hundred percent of what the tax bill is by passing that on. Okay. Fine. Thank you. That's what I wanted to make sure… certain of."
"Seeing no further questions, the question is, 'Shall the House adopt Amendment #2 to House Bill 1529?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?" 09500036.doc 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"No further Amendments. No Motions filed."
Speaker Turner: "Third Reading. The Lady from Cook, Representative Currie, on House Bill 556. Read the Bill, Mr. Clerk."
"House Bill 556, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Lindner, on the Order of Second Readings, we have House Bill 224. Read the Bill, Mr. Clerk."
"House Bill 224, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments have been approved for consideration. No Motions filed."
Speaker Turner: "Representative Lindner, we understand you filed Amendment #3. Do you want to wait until that Amendment is adopted or do you want to move the Bill without the Amendment?"
"No, I… I think that Amendment is still in the Rules Committee. So, the Amendment does need to be adopted at some point."
"So, we will take the Bill out of the record. Representative Jerry Mitchell on House Bill 822. Out of the record. Representative Pihos on House Bill 1684. Read the Bill, Mr. Clerk."
"House Bill 1684, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No 09500036.doc 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Poe on House Bill 1959. Read the Bill, Mr. Clerk."
"House Bill 1959, a Bill for an Act concerning State employees. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Sullivan on House Bill 129. I apologize, House Bill 132. Okay. Soon as you're in your seat. House Bill 132, Representative Sullivan. Read the Bill, Mr. Clerk."
"House Bill 132, a Bill for an Act concerning criminal law. The Bill has been read a second time previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Sullivan, has been approved for consideration."
Speaker Turner: "The Gentleman from Lake, Representative Sullivan."
"Sorry. Yes, this Bill under… before the Amendment would mandate that judges assign these offenders to these Partner Abuse Programs. With the Amendment, we have made this a permissive requirement to attend these Partner Abuse Programs. And this will take away all opposition to the Bill. I look for its adoption. Thank you."
"Seeing no further questions, the question is, 'Shall the House adopt Amendment #2 to House Bill 132?' All those in favor should say 'aye'; all those opposed say 09500036.doc 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
Speaker Turner: "Third Reading. Representative Saviano on House Bill 129. Read the Bill, Mr. Clerk."
"House Bill 129, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Saviano, has been approved for consideration."
"Thank you, Mr. Speaker, Members of the House. Floor Amendment #1 simply does some cleanup to the Clinical Social Worker Regulatory Licensure Act. And I ask for its adoption."
"Seeing no questions, the question is, 'Shall the House adopt Amendment #1 to House Bill 129?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Sacia, we have House Bill 502. Read the Bill, Mr. Clerk."
"House Bill 502, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Tracy, we have House Bill 3628. Read the Bill, Mr. Clerk." 09500036.doc 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Bill 3628, a Bill for an Act concerning finance. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Tracy, has been approved for consideration."
"Thank you, Mr. Speaker. I would move to adopt the Amendment."
"Seeing no questions, the Lady asks leave for the adoption of Amendment #1 to House Bill 3628. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Wait, we have House Bill 273. Read the Bill, Mr. Clerk."
"House Bill 273, a Bill for an Act concerning business. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Reboletti on House Bill 3862. Out of the record. Representative Poe on House Bill 1959. Read the Bill, Mr. Clerk."
"House Bill 1959, a Bill for an Act concerning State employees. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Hamos on House Bill 742. Read the Bill, Mr. Clerk."
"House Bill 742, a Bill for an Act concerning civil law. Second Reading of this House Bill. No 09500036.doc 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Committee Amendments. Floor Amendment #1, offered by Representative Fritchey, has been approved for consideration."
"Out of the record. Representative Flider on House Bill 1119. Bill's on the Order of Third Reading. Out of the record. Representative Ramey, we have House Bill 1608. That Bill's on the Order of Third Reading. Read the Bill, Mr. Clerk."
"House Bill 1608, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Thank you, Mr. Speaker. House Bill 1608 changes some Municipal Code reading. What we're going to do here is for any new adult entertainment facility that would be placed, instead of one thousand (1,000) feet from properties of school, daycare, cemeteries, public parks and such move it to one (1) mile. And it would be placed in counties of eight hundred thousand (800,000) people up to two million (2,000,000), which basically was DuPage County. And with the Amendment we're adding suburban Cook. I'll answer any questions."
"Seeing no questions, the question is, 'Shall the House pass House Bill 1608?' All those in favor should vote 'aye'; all those opposed vote 'no'. This is Third Reading action. 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 the Constitutional Majority, is hereby declared passed. 09500036.doc 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Representative Winters on House Bill 1855. Read the Bill, Mr. Clerk."
"House Bill 1855, a Bill for an Act concerning employment. Third Reading of this House Bill."
"Thank you, Mr. Speaker. House Bill 1855 provides that an employee on a public works project may not possess or be under the influence of cannabis or a controlled substance. It requires employers to maintain a substance abuse program and provides for discipline measures for noncompliance. Be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass House Bill 1855?' 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? The Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Howard, on the Order of Second Readings, we have House Bill 1294. Second Reading. Read the Bill, Mr. Clerk."
"House Bill 1294, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
Speaker Turner: "Take the Bill out of the record. Representative Joyce… Representative Rose on House Bill 620. Representative Saviano on House Bill 1281. Read the Bill Mr. Clerk." 09500036.doc 140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Bill 1281, a Bill for an Act concerning regulations. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Pihos on House Bill 1289. Mr. Clerk, read the Bill."
"House Bill 1289, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Pihos, has been approved for consideration."
"Thank you, Mr. Speaker. Floor Amendment 1 adds to the list of aggravating factors, which shall be accorded weight in favor of imposing a term of imprisonment if the defendant committed the offense of financial exploitation of an elder person with a disability. Thank you."
"Seeing no questions, the question is, 'Shall the House adopt Amendment #1 to House Bill 1289?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Poe, we have House Bill 3218. Read the Bill, Mr. Clerk."
"House Bill 3218, a Bill for an Act concerning business. Second Reading of this House Bill. No Committee Amendments."
Speaker Turner: "Take the Bill out of the record. Representative Wait on House Bill 274. Read the Bill, Mr. Clerk." 09500036.doc 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Bill 274, a Bill for an Act concerning minors. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Will Davis on House Bill 1675. Read the Bill, Mr. Clerk."
"House Bill 1675, a Bill for an Act concerning state employment. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Will Davis, has been approved for consideration." Davis, W.: "Thank you, Mr. Speaker. Amendment #1 to this Bill changes the point at which… at which the credit check takes place. What we're trying to do is to create a mechanism by which when an individual applies for state employment, obviously there's a credit check that comes along with some positions in State Government. That credit check usually comes at the very end of the process, but it is a… can be a mechanism to disqualify an individual for state employment. So, we're simply saying that they should move that up into the process a little bit. And I believe the… the Amendment speaks to the interview process and not the application process as originally stated in the Bill. So, that's what we'd like to do with this piece of legislation. I ask for the adoption of the Amendment."
"Seeing no questions, the question is, 'Shall the House adopt Amendment #1 to House Bill 1675?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?" 09500036.doc 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"No further Amendments. No Motions filed."
"Third Reading. Representative Joyce on House Bill 1835. Read the Bill, Mr. Clerk."
"House Bill 1835, a Bill for an Act concerning vehicles. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Phelps on House Bill 988. Read the Bill, Mr. Clerk."
"House Bill 988, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Miller on House Bill 1497. Read the Bill, Mr. Clerk."
"House Bill 1497, a Bill for an Act concerning urban development. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative McCarthy on House Bill 1309. Read the Bill… out of the record. Representative Flider on House Bill 1963. Read the Bill, Mr. Clerk."
"House Bill 1963, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Flider, has been approved for consideration."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #2 clarifies that with regard to 09500036.doc 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 the dollars that would be provided to counties for rural road construction, that the amount of the local share would remain the same as it is today. And I ask for your support."
"No questions, the question is, 'Shall the House adopt Amendment #2 to House Bill 1963?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, they 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, what's the status of House Bill 161?"
"House Bill 161 is on the Order of House Bill- Third Reading."
"The Sponsor asks leave to bring the Bill back to Second. Leave is granted. Mr. Clerk, read House Bill 909, Representative Tryon. Read the Bill."
"House Bill 909, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Tryon, has been approved for consideration."
"Representative Tryon on Amendment #1."
"Thank you, Mr. Speaker. Amendment #1 removes all the objections that we had from the Metro Counties Council. The Bill, essentially, codifies current practice in the mental health organizations throughout our mental health boards, as well as makes consistent language with the new contemporary terms that have come in place through Federal 09500036.doc 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Law and other state action that we've taken. And it… has no opposition that we know."
"Seeing no questions, the question is, 'Shall the House adopt Amendment #1 to House Bill 909?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
Speaker Turner: "Third Reading. Representative Moffitt on House Bill 2918. Read the Bill, Mr. Clerk."
"House Bill 2918, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Moffitt, has been approved for consideration."
"Representative Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Amendment becomes the Bill, it was a shell Bill. And this extends two TIF districts from my home community of Galesburg. There's no opposition and we have the letters on file from the taxing bodies. I would move for adoption of the Amendment so we could move it to Third."
"No questions, the question is, 'Shall the House Amendment #2 to House Bill 2918?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed." 09500036.doc 145 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"Third Reading. Representative Brosnahan, for what reason do you rise?"
"Thank you, Mr. Speaker. For the purpose of an announcement. The House Telecommunications Committee scheduled for tomorrow morning will be canceled."
"The House Telecommunications Committee will be canceled tomorrow morning. We're going to do the Agreed Resolutions right now, but I don't want Members to leave because we still have committee announcements that we want to make for tomorrow morning. But I am going to ask the Clerk to do the Agreed Resolutions. Mr. Clerk, Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 268, offered by Representative Molaro. House Resolution 269, offered by Representative Stephens. House Resolution 270, offered by Representative D'Amico. House Resolution 271, offered by Representative Bill Mitchell. House Resolution 273, offered by Representative Jefferies. House Resolution 275, offered by Representative May. House Resolution 276, offered by Representative Will Davis. House Resolution 277, offered by Representative McCarthy. House Resolution 278, offered by Representative Crespo. House Resolution 280, offered by Representative Tracy. House Resolution 281, offered by Representative Tracy. And House Resolution 282, offered by Representative Tracy."
"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair is the 'ayes' have it. And the Resolutions are 09500036.doc 146 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 adopted. The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?"
"Mr. Speaker, to request the tabling of House Bill 503 and House Bill 694."
"The Gentleman asks leave to table House Bill 503 and House Bill 694. The Bill will be tabled. With leave of the Body, the Bill will be tabled. The Bills will be tabled. Mr. Clerk, what's the status of House Bill 983?"
"House Bill 983 is on the Order of House Bills- Second Reading."
"Sponsor asks leave to bring the Bill… read the Bill, Mr. Clerk."
"House Bill 983, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
Speaker Turner: "Third Reading. The Lady from Cook, Representative Feigenholtz, for what reason do you rise?"
"Thank you, Mr. Speaker. I would just like to remind the Body and Members of the Human Services Appropriations Committee that we are meeting in Room 114 immediately after Session to hear… for more questioning of the Department of Health. HFS Director Maram will be there. Thank you."
"Representative Hannig on House Resolution 274. This is a Death Resolution of a former Member, we'd like to ask the staff to retreat to the rear of the Chamber. Mr. Clerk, read the Resolution." 09500036.doc 147 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007
"House Resolution 274, offered by Representative Hannig: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of retired Judge and former State Representative Rolland F. Tipsword of Taylorville, who passed away on April 5, 2007; and WHEREAS, He was born August 19, 1925, in Monticello, the son of Leo Clemit and Jossie Banning Fortner Tipsword; he graduated from Beecher City Community Unit High School in 1943 and graduated Phi Beta Kappa from the University of Idaho in 1949, where he was a member of Delta Tau Delta Fraternity; he graduated with honors from Northwestern University School of Law in Chicago in 1951; and WHEREAS, He was admitted to the Illinois Bar in September of 1951; Mr. Tipsword served as Clerk to Illinois Supreme Court Justice Harry Hershey from the years 1951 to 1954 and 1957 to 1960; he later became an associate partner in the Hershey & Bliss Law Firm; he served as Christian County State's Attorney during the years of 1960 to 1966; he was a partner in the Tipsword & Fraley Law Firm, which later became the Coale, Taylor, Tipsword, Fraley & Doyle Law Firm; and WHEREAS, Mr. Tipsword was elected to the Illinois House of Representatives, serving Districts 50 and 51 during the years 1966 to 1979; he served as Circuit Judge, 4th Judicial District of Illinois from 1983 to 1993; he served on the Illinois Supreme Court Committee to prepare first Illinois pattern jury instructions; he was elected as a delegate to the 1980 Democratic National Convention; he was 09500036.doc 148 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Past President of the Christian County, Illinois Bar Association; and WHEREAS, Judge Tipsword was extremely active in the Grand Chapter Order of the Eastern Star of Illinois and the Grand Lodge of Ancient Free & Accepted Masons of Illinois; he received the Meritorious Service Award in 1975 and the 33rd Degree, Ancient Accepted Scottish Rite of the Northern Masonic Jurisdiction in 1977; he also served as Worthy Grand Patron of the Order of the Eastern Star in 1970; he was a member of the Haslemere Chapter 221 in Taylorville, and a member of the White Shrine of Jerusalem in Springfield; and WHEREAS, Rolland Tipsword was a member of the First Presbyterian Church, where he served as a past Deacon and Elder; he was a member of Taylorville Elks Club, Taylorville Eagles Club, Taylorville Moose Club, American Legion, and the VFW; he was a charter member of the Taylorville Kiwanis Club; and he served in the United States Navy, Pacific Theatre, during the years of 1942 to 1946; and WHEREAS, Mr. Tipsword never married; surviving are several cousins; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with his family, friends, and the people of the City of Taylorville, the passing of Rolland Tipsword and extend our sincere condolences to all who knew him at this time; and be it further 09500036.doc 149 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 RESOLVED, That a suitable copy of this resolution be presented to the Coale, Taylor, Tipsword, Fraley & Doyle Law Firm as a symbol of our sympathy."
"The Gentleman from Montgomery, Representative Hannig."
"Yes, thank you, Mr. Speaker and Members of the House. After I won my first election I was very excited and couldn't wait to come down to Springfield and meet all the Legislators, people who would be my colleagues and work with me. And one of the Gentleman that I met during that Veto Session was Rolland Tipsword. And he immediately was someone who left a lasting impression on me. He was from a neighboring district and in fact, he was actually retiring at the time I met him. But he still took the time to talk to a young man who was just learning about the legislative process. Well, as time goes by, it's interesting how sometimes you cross paths with people for awhile and then perhaps you don't see them for awhile and then they come back into your life. And so, after the reapportionment of 1982 Taylorville and Christian became a part of my legislative district. And suddenly, now, Rolland Tipsword became one of my constituents and I got an opportunity to work with him on… on numerous projects in the Christian County area. And I think if you listen to the Resolution, you can tell that this was a Gentleman who was very devoted to trying to make his part of the world a better place. He worked very hard on behalf of Christian County and particularly in Taylorville. He was very devoted to his church and his community. And in fact, I think those are 09500036.doc 150 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 the two things that probably kept him going in… in the later years. So, he was someone who was a very good speaker, could sing a good tune from time to time at different events, served very honorably as Legislator and Judge, an eloquent speaker as well. But someone as I said that most importantly was very dedicated to his religion and to his community. Someone that I think we will all miss, I know that I will miss. Someone that, you know, its… its… he was one of a kind. So, the best thing I guess I could say about Rolland Tipsword was that I considered him to be my friend and… and I think he considered me to be his friend. And in our lives that was very important. So, he'll be missed very much so in the Christian County area and we certainly send our condolences onto all his family and friends."
"Representative Hannig moves for the adoption of House Resolution 274. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Mr. Clerk, committee announcements."
"The following committee will meet immediately following Session: Appropriation Human Services in Room 114. The following committees will meet tomorrow morning, Wednesday, April, 18: at 9:30 a.m., the Elections and Campaign Reform Committee will meet in Room 122B; at 9:30, the Consumer Protection Committee will meet in Room C-1 Stratton; at 9:30, the Healthcare Availability and Access Committee will meet in Room 118; at 9:30, the Human Services Committee will meet in Room D-1 Stratton; at 9:30, 09500036.doc 151 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 the Juvenile Justice Reform Committee will meet in Room 115; and at 9:30, the Transportation and Motor Vehicles Committee will meet in Room 114. At 10:00 tomorrow morning, the Executive Committee will meet in Room 118; also at 10:00, the Labor Committee will meet in Room C-1 Stratton and at 10 o'clock the Judiciary II-Criminal Law Committee will meet in Room 122B."
Speaker Turner: "You've heard the committee announcements. Now, Representative Currie moves that the House stands adjourned until Wednesday, April 18, at the hour of 12:30 p.m. Wednesday, April 18 at the house of 12:30 p.m. Allowing Perfunctory time for the Clerk, the House now stands adjourned."
"The House Perfunctory Session will come to order. First Reading of Senate Bills. Senate Bill 281, offered by Representative Tracy, a Bill for an Act concerning conservation. Senate Bill 365, offered by Representative Beaubien, a Bill for an Act concerning civil law. House Bill 384, offered by Representative Hoffman, a Bill for an Act concerning local government… correction; Senate Bill 384, offered by Representative Hoffman, a Bill for an Act concerning local government. Senate Bill 398, offered by Representative Lang, a Bill for an Act concerning education. Senate Bill 417, offered by Representative Eddy, a Bill for an Act concerning elections. Senate Bill 434, offered by Representative Joyce, a Bill for an Act concerning local government. Senate Bill 486, offered by Representative Lang, a Bill for an Act concerning civil law. Senate Bill 523, offered by Representative Lyons, a 09500036.doc 152 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/17/2007 Bill for an Act concerning local government. Senate Bill 532, offered by Representative Molaro, a Bill for an Act concerning criminal law. Senate Bill 725, offered by Representative Hoffman, a Bill for an Act concerning local government. Senate Bill 809, offered by Representative Smith, a Bill for an Act concerning public employee benefits. Senate Bill 825, offered by Representative Schock, a Bill for an Act concerning local government. Senate Bill 1094, offered by Representative Reitz, a Bill for an Act concerning firearms. Senate Bill 1097, offered by Representative Fortner, a Bill for an Act concerning economic development. This has been the First Reading of these Senate Bills. There being no further business, the House Perfunctory Session stands adjourned." 09500036.doc 153