"The hour of 12:00 having arrived, the House will be in order and the Members will be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and The Pledge of Allegiance. We shall be led in prayer today by Father Robert Sherry who is the pastor of The Church of Holy Apostles in McHenry. Father Sherry is the guest of Representative Franks."
"Let us pray. Good and gracious God, we begin this Session today thanking You for all Your gifts that surround us. You entrusted us to be stewards as elected by the people of Illinois to manage the property and finances and affairs of the citizens of this great state. We stand on the shoulders of our predecessors of the past hundred and eighty-nine (189) years. We are not royalty, we are not potentates. We are only people who also struggle with our own weak souls and dark minds and fragile hearts as we try to guide the souls and minds and hearts of others in the area of education and environment, crime and corruption, housing and hospitals, prisons and personnel, budget, bureaucracy and taxes. Remind us again why we first ran for office. Help us to be the good stewards of the resources of this state, and good stewards of Your dappled graces. Help us. Help us to remember the values of each citizen. Help us to protect life, liberty and the pursuit of happiness. Help us to listen to our constituency and except our own brokenness too. Let us live, listen, learn and vote as good stewards, so that when we hear the last gavel and come to our final adjournment, 09500053.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 we may hear it said, 'well done, good and faithful servant', enter into the joy prepared for you from the foundation of the world. Amen."
"Representative Beiser, will you lead us in the Pledge?"
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Hannig: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record reflect that Representatives Flowers, Patterson, and Scully are excused today."
"Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that all Republicans are present and ready to do the work of the people."
"Mr. Clerk, take the record. There are 115 Members answering the Roll Call, a quorum is present. We are going to start on the Order of House Bills-Third Reading. And Representative Arroyo, you have House Bill 1078. Do you wish to read that Bill? Okay. Representative Boland, you have House Bill 2013? Representative Boland. Okay. Mr. Clerk, read the Bill."
"House Bill 2013, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Boland." 09500053.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Thank you, Mr. Speaker. House Bill 2013 says that currently schools are required to adopt calendars containing a hundred and eighty-five (185) school days and five (5) of these days are considered emergency days. The minimum school term as we all know is a hundred and eighty (180) days. House Bill 2013 alters the figures used in the calculation of special education, personnel reimbursement to reflect a hundred and eighty (180) day school term rather than a hundred and eighty-five (185) day school term. And this is supported by the State Board of Education, the High School District Organization, EDRED, Illinois Alliance of Special Education Administrators, and the Illinois Federation of Teachers."
"This is on the Order of Short Debate. Does anyone stand in response? Representative Bellock."
"This is a point of personal privilege."
"What… Could we just finish the Bill."
"Sure. Yeah."
"Okay. Is there 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 Mulligan, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting 'yes', and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bellock, on your point."
"Thank you very much, Mr. Speaker. A point of personal privilege." 09500053.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"State your point."
"Two things. First, I would like to invite all of the Members of the General Assembly, tomorrow will be Disabilities and Autism Day in the State Capitol. We have over five hundred (500) families coming down, and there is going to be a rally in the rotunda between 11:00 and 1:00 and they would like anybody that could to stop by for a few minutes and say hello. Second, I would like to ask the chamber to say hello to St. Luke's School, which is up there. They're from River Forest, Illinois, and they're down here visiting today to study government."
"Representative Rich Bradley, you have House Bill 2006. Do you wish us to read that Bill? Mr. Clerk, read the Bill."
Clerk Mahoney: "House 2006, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Bradley." Bradley, R.: "2006 is an initiative of the State Board of Education making guidelines and codifying current practices in two areas, parent-teacher conference schedules and legally mandated school holidays. The school holiday changes would allow request waivers and modifications under the School Code to determine locally whether to hold school on certain legally mandated holidays or to use those holidays for another purpose such as teacher's institute, parent-teacher conferences or staff development. The Bill also makes changes with regards to scheduling parent- teacher conferences for the purpose of counting these days as days of actual pupil attendance on a school district's 09500053.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 legal school holiday… school calendar. The Bill would simply codify two common schedules; one allowed under an ISBE policy and the other found in waiver requests. No opposition to this Bill, it was passed out of committee unanimously."
"This is on 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 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Colvin, you have House Bill 1069. Out of the record. Representative Coulson, you have House Bill 2033. Mr. Clerk, read the Bill."
"House Bill 2033, a Bill for an Act concerning public health. Third Reading of this House Bill."
"Representative Coulson."
"Thank you, Mr. Speaker. House Bill 2033 requires the Department of Public Health to educate the public about human papilloma virus by producing and distributing informational materials regarding HPV and the HPV vaccine. It also provides that the department shall distribute the information through appropriate programs and divisions. And I can answer any questions."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall 09500053.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 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 Mitchell. Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Crespo, you have House Bill 2472. Do you wish us to read that Bill? Mr. Clerk, read the Bill."
"House Bill 2472 a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Representative Crespo."
"Thank you, Speaker. House Bill 2472 amends the Illinois Income Tax Act and creates a tax check off for the Lung Cancer Research Fund and authorizes the Illinois Department of Public Health to provide grants for lung cancer research. Just for the record, in 2005 federal spending was approximately one thousand eight hundred and twenty-five (1825) for research per lung cancer death compared to twenty-three thousand four hundred and seventy- four (23,474) per breast cancer death; fourteen thousand three hundred and sixty-nine (14,369) per prostate cancer death, and five thousand two hundred and sixteen (5,216) per colon cancer death. So, it is pretty obvious that the research for lung cancer is grossly underfunded and we are hoping this helps a bit."
"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'. 09500053.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Brady, for what reason do you rise?"
"A point of personal privilege, please, Mr. Speaker."
"Yeah. State… state your point."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I'd like to introduce a special guest that's with us here today in the Illinois General Assembly, and that is Rocio Ardiles Reyes who is up in the Gallery. Rocio is from Lima, Peru, and is here through the efforts of State Farm Insurance from my district, with the International Women Leaders Mentoring Program. The program is sponsored by the Fortune and the State Department and the goal is to provide Rocio with exposure to the United States and State Farm Insurance in an effort to advance women's leadership in business around the globe. In Lima, Rocio is the finance and administration manager for Brightstar Corporation, the largest wireless distributor and supply chain solutions company in the world. Brightstar is the main distributor of Motorola telecommunications devices in Peru. She's here today, traveling and visiting the states with Kevin Callis from State Farm Insurance. Please give a warm Illinois House of Representatives welcome to our guest today from Lima, Peru, Rocio Ardiles Reyes. Welcome." 09500053.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Representative Crespo, do you wish us to read House Bill 3477? Okay. Out of the record. Representative Colvin, do you wish us to read House Bill 1069? 1069? How about 1664, Representative Colvin? Do you wish us to read House Bill 1664? Yes. Okay. Mr. Clerk, read the Bill."
"House Bill 1664, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Colvin."
"No, let's take it out of the record."
"Okay. Out of the record at the request of the Sponsor. Representative Eddy, you have House Bill 1925. Mr. Clerk, read the Bill."
"House Bill 1925, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Eddy."
"Thank you very much, Mr. Speaker. House Bill 1925 attempts to take care of a glitch in the certification system for aides in vocational areas. There's a situation that's occurred where a person is qualified to be a vocational teacher, yet they are not qualified to be an aide in that vocational classroom, and this would take care of that little bit of a glitch in that system."
"This is on 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… Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a 09500053.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 Constitutional Majority, is hereby declared passed. Representative Flider, you have House Bill 1119. Mr. Clerk, read the Bill."
"House Bill 1119 a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Flider."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1119 would require electric utilities in ARES, and their respective contractors and subcontractors to demonstrate that their personnel are duly qualified. The Bill also restores the work force provision, excuse me, protection provision, currently found in the Public Utilities Act that expired December 31. And would ask for your 'yes' vote."
"This is on the Order of Short Debate. I'm sorry, on the Order of Standard Debate. And in response the Gentleman from DuPage, Representative Meyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, what… what workers does this apply to?"
"This would apply to employees of a utility who are currently classified as linemen and others who are currently qualified to perform electrical work, maintenance work, electrical repair work, and so on, on utility lines."
"Will these be the people that are normally classified as outside, outside… workers?"
"It would also include those who would be contractors for utilities and ARES." 09500053.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"I'm sorry Representative, I couldn't hear that last one."
"It… it would include also those who would be contractors of utilities and ARES and also those who generate power. So, yes, it would include contractors who perform utility work."
"Okay. And… and also the generators? You said…"
"Yes, it would also include work that would be applicable under the terms of the Public Utilities Act as it existed, and particularly those kinds of activities which are required to perform… make sure that our electrical system is operating safely."
"What is the training that is involved?"
"Well, you know when a person who is working for a utility is employed, they have to go through a training program that typically is an apprenticeship program followed by becoming a journeyman. And that work is actually a number of years of training in terms of safety, and not only safety of a system but also safety of the worker. And as you might imagine being a lineman or being involved in this kind of work is a very dangerous situation. Not everybody can do it, not everybody's capable of doing it. And… and as we have looked at the horizon, I would say that those who are involved in developing legislation that deregulated the industry in years past, had the good wisdom to ensure that those who are working on the system will continue to be qualified, would be trained through the appropriate apprenticeship training programs, ensure their safety, safety of the 09500053.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 system, so that there would be no short cuts, that there would be no safety hazards that would result because of a company that would buy out another utility or would shift its priorities short, they're trying to make more money by reducing its employees or reducing safety."
"How… how would this training requirement be different than those in existence today?"
"Pretty much what's in existence today."
"Are there any changes?"
"I'm sorry."
"Are there any changes? You said pretty much in existence. What… what are the differences?"
"Yes. The existing programs that are… exist today would be the same programs in which those workers would be trained under."
"So, it would be identical or, I guess… I guess I'm confused and a little concerned about when you said, 'pretty much'. Is it the same or what has changed?"
"It is the same."
"It is the same."
"Unless, you know, to the extent to which, you know, there may be training updates or, you know, modifications in the training program, but the… the key, the answer to your question is that this is the same program."
"Well, when you talked about… you were talking about contract workers too, correct?"
"That's correct."
"Normal… normally employees of the union that are unionized go through their own training programs in 09500053.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 addition maybe to what the electric utility would require them. But what about the private workers, the contract workers, do they have… well, what… what are their plans like compared to the union training plans?"
"I can't tell you that I'm aware of any other than the union training programs which exist today through the IBEW. And certainly there are other crafts, for example, the operating engineers that have training programs in which they would be performing work on other equipment."
"Well, let me ask you this. Would… because this is at the heart of my questioning, I guess. Would the… would the contractors be then hiring union employees then that have gone through the same training program?"
"Representative, your… your time is expired. Why don't you finish your question and we'll have the Representative respond. Okay?"
"Well, typically these kinds of training programs are offered through unions like the Illinois Brotherhood of Electric… or excuse me, International Brotherhood of Electrical Workers. And so, for example, if you take the contractors in the AmerenIP service area or AmerenCIPS or AmerenCILCO service area, those contractors also employ workers who are trained and under contract with the IBEW."
"Thank you."
"Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield." 09500053.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Representative, all of this was restrictive ability, was to disappear after the transition period from a regulated to a deregulated market. And that transition period has now run its course. Alternative of suppliers are coming into Illinois and hopefully will continue to come into Illinois. Now, I have businesses in my district that have gone with Duke Energy. What if Duke Energy, the employees that they have to come take care of their industrial and commercial accounts, are not members of the IBEW?"
"Well, I think the key here is that these people need… who are working on this system, need to be trained, and they need to be going through a program which is consistent with the kinds of training that an IBEW member would be receiving."
"Wouldn't you assume that if Duke Energy had hired them that they would meet the requirements of Duke Energy. They're employees of Duke Energy, not the State of Illinois."
"Well, I like to think that we have the highest of standards of ensuring safety and that our standards would be the standards that would need to be met. Certainly, any company can have its standards, but I believe, in my opinion, and I hope you would agree, that our standards that we're establishing and setting here today would be the highest to ensure not only operability of a system, but also the safety of employees."
"Well, if we're the safest system in the world, I don’t know how we can be without power so many times during the 09500053.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 year, because we can't even keep a squirrel, we can't even keep squirrels out of electric substations, or raccoons. Yeah. So I… I don't… now I'll grant you, that's not putting the safety of workers at risk, but it certainly putting the reliability of power at risk. If… if two (2) years from now I decide to go with an alternative electric supplier and somebody shows up at my house to make sure that my two hundred (200) amp service is okay and that the fee that meets their requirements, you mean to tell me, I have to make sure that this person, who's now working for an alternative supplier, is a member of the IBEW of that local or an IBEW of a local out of state?"
"Well, I think the key here is that this legislation prescribes the kinds of training that are necessary. So, I don't know that it necessarily addresses which local or which entity of the IBEW or any other union that a person would be working under, but… and what it does prescribes are the standards to ensure that the system is safe and that the employees are safe."
"Who then… I… I don't see it in the Bill. Who determines that a worker is adequately trained?"
"Well, I would certainly be incumbent upon the utility to ensure that the contractors that they are hiring or the employees that they are employing in conjunction with the perspective organization that represents employees are trained properly."
"If… if Duke Energy, that's supplying many commercial and industrial accounts now in Illinois, certify that 09500053.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 they're employees are trained, that… that isn't good enough?"
"Well, it would certainly… they would have to meet the threshold of this legislation."
"Who… who sets this threshold?"
"The State of Illinois. We do."
"Through, I assume, through the IBEW. It's kind of like having the plumbers union run the plumber's test. Something like that, right?"
"The… and I think it's important to recognize too Representative, that, you know, in terms of who would oversee this or where any kinds of concerns would be filed or… or raised that would be before the Illinois Commerce Commission, which oversees utilities."
"Yes, and they do a wonderful job, as we all know. All we have to do is look at the reverse action to know how efficient and wonderful the Illinois Commerce Commission is. Ladies and Gentlemen, to the Bill. We've entered a deregulated market, but here we go. We're not going to deregulate the market; we're going to reregulate the market as to who can be hired and who can work under an Electric Utility Act in Illinois. That's not a deregulated market. If Duke Energy certifies the worker, then that's Duke Energy's responsibility. It should not be our responsibility to set restrictive covenants on who can work…"
"Representative, could you bring your remarks to a close, please." 09500053.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Absolutely. It should not be our primary responsibility to restrict who out-of-state suppliers and deliverers can hire and who they can't. They have to meet certain safety standards, they have to meet insurance standards, they have to meet workers' compensation standards. They put some yahoo worker on my house that doesn't know positive, negative, white from black, I'm going to sue them and they know that. This is simply an attempt to keep the old regulated market the way it used to be when the old regulated market, now we may go back two or three… a year or two, but eventually that market will change and the way we do business has to change too. This is restrictive covenant legislation, that's all it is. It should be recognized as such and it should be voted down."
Speaker Hannig: "Representative Winters. Representative Winters, you have 5 minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, one of the questions that we have is that testimony during committee was this was brought on by some of the testimony about the ice storm and whether or not there were adequately trained people that were coming in from other utilities. Does this deal only with positions that would be required to hold an electrician's license or is it any… any positions that a contractor might have?"
"Well, would characterize it as anybody who would be working on a… the electrical system, whether it would be an employee who was working for a utility, an ARES, or could 09500053.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 be a millwright, it could be an operating engineer, but those who are oper… working on the electrical system."
"Well, does that include the right-of-way? Because in a… in a ice storm situation, we can all picture the trees down, hundreds or thousands of trees down, poles snapped off the wires lying around. In many cases, the cleanup that the utility is doing may not require… they may not be close to any electrical system components that would be dangerous. Would it be illegal then for a contractor to hire, you know, chain saw operators or people that are… that are clearing the brush to allow the utility crews to get in and do the work? Would they have to be trained to the ICC standards, or yeah, the Commerce Commission standards?"
"Well, I think the key that we're talking about in the instance that you've mentioned is that when power lines are down, you know, there certainly… the company… everybody would agree everybody should stay away from those downed power lines until those power lines are repaired or restored. And that certainly would include somebody who's not qualified to go into an area where there are downed power lines to cut wood with a chain saw."
"Well, they cut the power to those lines. When they start to repair, that line is… is taken out of service so it's safe for everybody to work on. And as they proceed, then obviously the electricians, the pole setters that are working for the utility to set the new poles to hang the wires, is one… you know, they have classifications and qualifications as electricians so that they know that the 09500053.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 insulators are put on right and the system is put back together. But all the other cleanup that the utilities probably are also going to be doing, if the wires are dead and all they are doing is cleaning, are those also going to be required to be certified by the ICC?"
"Well, I would just say to you that anybody who has any responsibility for restoring power or restoring the system would need to be qualified under provisions of this law."
"Okay. Do you have a cost estimate of what this expansion will cost the Commerce Commission to verify and oversee it?"
"Well, I'm glad you asked that question because of the fact of the matter is there's really no expansion here. What this legislation does is simply extends the law as it existed January 1."
"Well, there's an avoided cost. If we don't extend the law, the ICC will be able to reduce the staffing required for monitoring this because this is a sunset. We are through the transition period, we… and therefore, the ICC should be able to reassign those employees to others tasks. There is an additional fiscal cost. Do you know what that is?"
"Well, it's up to the utility to ensure and maintain that they have qualified personnel to maintain the system. And if you've… as I'm sure you know and others know, the utilities' manpower, number of people who are available as employees of the utility to work on that system, has actually been reduced. And that's been reduced for a variety of reasons that certainly the utilities, only 09500053.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 themselves, can be responsible for answering the question as to why. The fact of the matter is there is some fundamental basic safety considerations also, some fundamental basic considerations to keeping the system healthy and up to date and maintained and maintained adequately. And we need qualified people for that."
"Okay. I… I'm just concerned about the potential cost not only to the utility which will be fed through to the ratepayer ultimately, but also that the State Government could be reducing some of its head count at the ICC. Mr. Speaker, to the Bill. I would request a verification."
"Okay. Certainly, you'll be granted one at the appropriate time. So, we've now had three speak in response and one in support. The Rule Book provides for two additional speakers in support. Representative Lang, do you rise in support? Representative Lang, you're recognized for 5 minutes."
"Bear with me a moment, Mr. Speaker."
"The clock's running."
"I… I will be… That's all right the clock can tick. I'll be… I'll be speaking in favor of the Bill. Just bear with me a moment, Sir. Representative, so as I understand it this has currently been the practice for the last ten (10) years. So what we're doing with this Bill is extending that practice, additional time or just codifying it?"
"That's correct. And I would say to you that we need a safety net to ensure that the sunset of this law does not result in a situation where it would be perceived that we in the General Assembly and the people in the State of 09500053.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 Illinois, representing them, are asleep at the switch and that suddenly the utilities no longer have the personnel who are capable of working on the electrical system nor do they use it as an opportunity to reduce their numbers of employees without giving full consideration to the safety of the system and the safety of employees."
"And so, will this Bill help address some of the power outages we've had in various parts of the state over a series of years?"
"Well, I believe that it very well could be because what we've seen is that the utilities have actually reduced the number of actual employees within their companies. So, when you… when they have actual employees who are… who are able to be mobilized and dispatched to go to those areas where the power lines are down through an ice storm, tornado, or other kind of disaster or emergency kind of situation, then we will see a… an ability to get that power restored in a much shorter time period."
"So, as I understand it, for years we've been bringing contractors and employees in from out of state, as far away as Montana, to do some of the work, for emergency purposes. But we have right here, in our state, people who are qualified that have not yet been put to work. Will this help put some Illinoisans back to work?"
"Well, in my opinion, it actually would ensure that the employees who are working on the system are locally employed and certainly in the proximity of where the work would be located, working for the ben… benefit of the people who are actually paying their power bills." 09500053.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"And so, are… would… would that mean that… well, who would the proponents of this legislation be, Representative? I'm sure you have said it, but I missed it."
"We have as proponents the Lieutenant Governor, Pat Quinn, IBEW locals 15, 51, 109, and the AFL-CIO."
"Well, that sounds like a formidable group. Would you say that was a formidable group of proponents?"
"I would say so. I think they understand the importance of ensuring workers' safety and in the importance of ensuring the continuity of… of an electrical system and ensuring that there are no gaps in service due to a situation where a company may be looking for ways to cut costs by reducing the number of employees in a manner that would ultimately reduce reliability."
"And, so I… I heard you say that the not only the AFL-CIO, but various different IBEW locals are for this. Would this have to do with their belief that it will put some of their members to work?"
"Well, certainly, I would say to you that we have a number of qualified individuals and people who are capable and able to work. But I think also, yes, absolutely we're looking at this, we’re looking at ensuring that people within Illinois are working and would actually, hopefully, result in a situation where people are not having to be brought in from other states in order to restore our power outages, that those people would be employed here on the ground and again that our ratepayers are getting the money that they're paying for." 09500053.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Well, thank you, Mr. Flider. Mr. Speaker, to the Bill."
"To the Bill."
"I appreciate Mr. Flider's answers. You know, any Bill where we can put Illinoisans to work so we don't have to reach out to other states to bring people in when we have emergencies, sounds like a good Bill to me. Why we would allow a situation where qualified Illinois citizens who are willing to work, can't work, but we're bringing people in from out of state to do the same work is kind of silly, when we can rectify that. I guess that's why the formidable list of proponents that you heard, particularly the IBEW locals, they have good qualified people. Mr. Speaker, this only extends what we have been doing and codifies it. I think it is a good 'aye' vote."
"So the rules provide for one (1) additional speaker in support. Representative Gordon, are you in support? Okay. You have 5 minutes."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, it's very difficult to believe that those who spoke in response to House Bill 1119 have actually read the legislation. Right now, the Commerce Commission takes it… just to assume that the utilities who are going to contract with outside people to do the work are actually qualified. Why would we want to keep this practice in place in the State of Illinois? Making assumptions like that when taking people's safety and welfare into account are very, very dangerous acts that we should not do. What this specific Bill takes into consideration is that if they are going to use their own employees, then yes, they obviously 09500053.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 have the proper skill and training to make the repairs that are out there. If they are not, the utility has to go to the Commerce Commission and there has to be an affirmative decision that these people are qualified to do the work that they're being requested to do. This is not a bad thing. If the Commission is going to assume that people working on these lines are doing a good job, that puts us all in danger. If we're going to make sure that the people of the State of Illinois have access to these jobs and are properly qualified to do it, then that's something that this legislature should definitely act to do. It also makes it clear that only electric utilities or alternative retail electric suppliers or their respective contractors and sub-contractors can install, operate and maintain electric generation transmission and distribution facilities, not the retail customers or any other person acting on their behalf. Once again, this is not a bad thing. We are making sure that the utilities are making good, safe decisions. We've seen from their actions in the past that this hasn't always been the case, and so if we have this check coming from the Commerce Commission, this is something that we should do for the people of the State of Illinois. If they don't make a finding on specific evidence that there is going to be… the proper skill and training… that these people know how to do and make these repairs and work on these lines, then we should be happy that the evidence shows that, that it was reviewed and that only people with the proper skill and training are going to work on the lines. There've been some interesting legal 09500053.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 terms of art thrown around here, such as restrictive covenants, that we should be very, very careful when we use, that is not applicable in this case, it does not define House Bill 1119, and we should not ever use legal terms that do not apply to the Bills. It is very, very dangerous to do that in this chamber. I encourage an 'aye' vote for the safety, for the welfare, for the people of the State of Illinois to make sure that the Commerce Commission actually does their job and checks on the utilities and what they're doing, instead of assuming that they are going to do a good job. We've assumed in the past that the utilities were doing a good job, Ladies and Gentlemen, and look at the mess we found ourselves in. This is very important to the people of the State of Illinois, to the workers who are going to work on these lines and I would encourage an 'aye' vote. Thank you."
"So, under the rules of Standard Debate, we've now had three (3) speak in favor and three (3) in response. And Representative Flider, you're recognized for 5 minutes to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As has been discussed previously through many of the questions that have been asked and in addition to the legislation itself, this legislation really is not new, and what it does is it extends the law as it was passed and approved in '97. And what it does is ensures that electric utilities are using employees or contractors with employees who have adequate training, skills, qualifications, while installing, operating and maintaining generation 09500053.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 transmission and distribution facilities and equipment. And it extends to ARES. And again, you know, we don't know exactly what the future is going to hold, but certainly it stands to reason, given some of the challenges and difficulties we've seen within the last year when it comes to electrical power outages, when it comes to mobilizing employees to come in and work on a system, it stands to reason that we have as many local employees as possible working on our system and that there are no situations where utilities are saying that they're going to reduce the number of employees and, you know, for the sake of trying to increase their profits. We need to make sure that the reliability of the system is maintained. We need to make sure that utilities and their subsidiaries and ARES and others who are involved in the system, employ people who are trained and qualified. Ladies and Gentlemen, I have personally worked with and known people who have been injured on the job… and or who have died on the job and certainly through no fault of their own, but the most important thing to recognize here is that we maintain the highest standards, we make sure that those employees who we send up on poles in icy, rainy conditions or throughout the course of their day and their career, that their families can expect them to come back home, that their sons and daughters, grandchildren can expect them to come back home. And we need to make sure that they are given the tools, the ability, the safety and the standards necessary to make sure that they are trained properly and this legislation 09500053.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 does that, ensures that no corners will be cut. And I would request an 'aye' vote."
"There's been a request for a verification, so vote your own switch only. 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 Poe and Will Davis, do you wish to be recorded? Mr. Clerk, take the record. Okay. So Representative Winters, did you wish to persist in a verification? It's your call."
"Oh, for a little while."
"Okay, so we'll… lets ask the… let's ask the staff to retire to the rear of the chamber. Members need to please be in their seats so that Representative Winters can recognize you. And Mr. Clerk, read the names of those voting in the 'affirmative'."
"The following Representatives voting in the 'affirmative' are: Acevedo, Arroyo, Beiser, Berrios, Boland, Bost, John Bradley, Rich Bradley, Brauer, Brosnahan, Burke, Chapa LaVia, Collins, Colvin, Crespo, Currie, D'Amico, Will Davis, Dugan, Durkin, Feigenholtz, Ford, Franks, Fritchey, Golar, Gordon, Graham, Granberg, Hamos, Hannig, Harris, Hernandez, Hoffman, Holbrook, Howard, Jakobsson, Jefferies, Jefferson, Joyce, Lang, Joe Lyons, Mautino, May, McAuliffe, McGuire, Mendoza, Miller, Bill Mitchell, Molaro, Nekritz, Osterman, Phelps, Poe, Reitz, Riley, Rita, Ryg, Saviano, Smith, Soto, Turner, Verschoore, Washington, Yarbrough, Younge, and Mr. Speaker." 09500053.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"So, Representative Winters, do you have any questions of those voting in the affirmative?"
"Representative Collins."
"Representative Collins. Is the Lady in the chamber? Representative Collins. Mr. Clerk, how is the Lady recorded?"
Clerk Mahoney: "Representative Collins voted in the 'affirmative'."
"Remove her."
"Representative Riley."
"Representative Riley. Is the Gentleman in the chamber? Representative Riley. Mr. Clerk, how's Representative Riley recorded?"
Clerk Mahoney: "Representative Riley voted in the 'affirmative'."
"Remove him."
"Representative Hoffman."
"Representative Jay Hoffman. Is Representative Hoffman in the chamber? Representative Hoffman. Representative Hoffman. Mr. Clerk, how is Representative Hoffman recorded?"
Clerk Mahoney: "Representative Hoffman voted in the ‘affirmative’."
Speaker Hannig: "Okay. So, let's remove him. And Representative Riley has returned, Mr. Clerk, so add him to… return him to the Roll Call."
"Representative Poe."
"I'm sorry. Representative Poe, did you say?"
"Correct." 09500053.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Representative Raymond Poe. Is the Gentleman in the chamber? Okay. Mr. Poe is not in the chamber. Mr. Clerk, how is he recorded?"
"Representative Poe voted in the affirmative."
"Remove him."
"Bill Mitchell."
"Representative Mitchell is in his seat."
"No."
"You're looking the wrong way."
"Yeah. Thank you very much."
"On this question, there are 64 voting 'yes' and 48 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1069."
"House Bill 1069, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Colvin."
"Thank you, Mr. Speaker. I have for the House to consider House Bill 1069, which amends the condominium and property… Condominium Property Act by setting out a procedure in which a municipality may follow when a distressed condo building possesses a threat. It's a Bill that was drafted by the City of Chicago to give municipalities additional tools in dealing with condominiums that have been fraudulently set up. It is… The Condominium Act applies only to property with condominium units which are operated in a manner, or have conditions which may constitute a danger, a blight or nuisance to the surrounding committee… community or to the 09500053.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 general public. The nature of the problem, just real briefly, the city has identified about a hundred and ten (110) residential buildings… the City of Chicago that is, involving about eight hundred (800) dwelling units which have been converted into condominiums which are overvalued for the purposes… for the areas of the city they are located in. And many of these buildings have unpermitted housing units; many of them are unoccupied and are not taken care of properly when they are vacant and dilapidated, going unboarded in many cases. The issue dealing with straw purchases for the purposes of defrauding on the mortgages which creates a situation of overvalued, mortgage properties which has attributed to the problem of overvaluation in the City of Chicago. This Bill simply gives the city some additional tools to deal with, issues of in housing court and receivership on such buildings, to make sure that they are no longer a blight, both on the surrounding community in terms of quality of life and also dealing with the fact that some of these units are overvalued, which causes an undue burden on additional properties in the City of Chicago. I would be happy to answer any questions."
"This is on 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 Nekritz and Granberg, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting 'yes', and 09500053.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1664."
"House Bill 1664, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Colvin."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1664 is an initiative of the Illinois Telecommunications Association, and the main purpose of the Bill is to codify existing purp… existing practices with respect to 9-1-1 surcharges. The Bill does a couple things. It allows an incumbent local exchange carrier, would no longer be required to file a report with the ICC on the stat of its implementation of 9-1-1 systems in a service area. And the second provision is the rate a telephone company assesses a 9-1-1 surcharge on an advanced network connection is standardized at five (5) charges. The nature of this is a little bit complicated, but to simplify it the best I can, what it allows companies to do in this rapidly advancing area of technology, is to standardize the number of lines that a company has at… for 9-1-1 surcharges at a total of five (5). For a… I'll give you a brief example. In an issue of a small company that may have a T-1 line which has a total of maybe ten (10) to twelve (12) phone lines, only one of those lines may be used for voice data, and that's basically a telephone where eleven (11) lines may be used for just the transport of data in files via the Internet by eleven (11) different work stations. This simply codifies existing law as to 09500053.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 which lines will be charged a 9-1-1 surcharge. There is no opposition to the Bill. I'd be happy to try and answer any questions."
"This is on Short Debate. And in response, the Gentleman from Cook, Representative Durkin."
"Will the Sponsor yield?"
"Indicates he will."
"Representative Colvin, I have heard surcharge about ten (10) times and it's a little bit confusing. But I want to make sure that we're not authorizing any additional surcharges to the telecommunications carrier, is that correct?"
"That's absolutely correct. There's no additional surcharges here. This Bill codifies existing law with respect to which lines are sur… are charged already. There is no authority to charge any additional surcharges."
"Just as an aside to the surcharges, are they approved by the ICC or can we do it through the legislature?"
"No, these are approved by the ICC."
"Okay."
"Previously approved by the ICC."
"But we are not opening up any avenue for the telecommunications carriers to… for additional… to seek additional…"
"None whatsoever."
"All right. Thank you very much."
"Representative Eddy. Okay. So the question's been answered. And Representative Colvin to close."
"Simply ask for an 'aye' vote. Thank you." 09500053.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"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… Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Granberg, for what reason do you rise?"
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. For a point of a personal privilege. We are honored today to be visited by the great kids from Central City School in Central City. They're in the Republican side of the House, up in the balcony. Will you please welcome them."
"Representative Granberg, you have House Bill 1868. Do you wish us to read that Bill? Out of the record? Okay. Representative Hernandez, you have House Bill 1449. Mr. Clerk, read the Bill."
"House Bill 1449, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Hernandez."
"Thank you, Speaker, and Members of the House. House Bill 1449 creates the Healthy Smiles Fund, a special fund in the State Treasury from which the Illinois Department of Public Health can use monies to provide school based, school linked oral health programs to provide preventive services such as sealants, exams, cleanings, fluoride treatments, oral health education and referral for treatment as needed. The Bill creates a checkoff box on 09500053.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 the State Income Tax forms for taxpayers to donate to Healthy Smiles Fund. During my tenure with the Lieutenant Governor, I was fortunate to have the experience of working with various dental initiatives, including the legislation requiring children entering K… Kindergarten, second, and sixth grade to receive dental examinations. Dental disease affects children throughout Illinois. Many low-income udeserv… underserved and underinsured children in urban, suburban and rural… rural communities suffer from undetected and untreated tooth decay. Untreated dental disease can cause severe medical consequences. Tooth decay in children can be severe enough to cause pain, oral facial infection, difficulty eating, which leads to poor nutrition, as well as difficulties speaking and learning in addition to subsequent health problems. I ask for a favorable vote."
"This is on Short Debate. And in response, Representative Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"I'm just curious. According to my analysis, I have here the Illinois Floss Coalition?"
"That's the Illinois… that would be the 'IFlOSS Coalition'."
"Soooooooo."
"It's not Illinois. It's 'IFLOSS Coalition'. It's a group of…"
"Is Representative David Miller the president or the chairman? He's the resident dentist here, right?" 09500053.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Yes, he is a dentist."
"But is he the president or the chairman?"
"I don't think so."
"Well, can we find out? Do you have any idea, any knowledge?"
"I… I believe he may be a member."
"Okay. I mean, you know, that's what it is going to take to get my support, Representative. Is this your first Bill, Representative?"
"No, it's not."
"So, I missed all the fun? Okay. So, did he respond to you? Do you know if he is the president or the chairman or at least a member?"
"No, he's not."
"Oh, my goodness. Wait a minute. We have one resident dentist here in this House and he's not a member of the Illinois Floss Coalition?"
"I'm sorry, it's not Illinois, it's 'IFLOSS Coalition'."
"'IFLOSS', and… and who is, who's, what does the 'I' stand for?"
"It's just 'IFLOSS'."
"It's just 'IFLOSS'. Not Iowa, not Indiana?"
"Just 'IFLOSS'."
"Just 'IFLOSS'. Maybe Illinois? All right. So, can you find out if Representative Miller even supports this legislation?" 09500053.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Why don't we just recognize Representative Miller. I'm sure he would like to enlighten us. Representative Miller."
"Thank you, Mr. Speaker. Will the Lady yield, for a question?"
"Indicates she'll yield."
"Exactly how does the checkoff work in this scenario, and how are these coa…, how are these groups funded?"
"Basically, what will happen is when filling out tax forms folks are able to, if they would like to donate, they will be able to check… there will be a box to check off for any donations."
"And… and does the… the funds are dedicated to these particular organizations or does it go into a pot or a pool, or how does that work?"
"We… The Health Department is the one who will be distributing… will hold the funds, and they would be in particular for preventive services such as sealants, exams, cleanings, fluoride treatments, et cetera."
"All Right. To the Bill, Mr. Speaker. I support this legislation because, as this Body has passed before, dental health is part of having an entire healthy body. Oftentimes when we talk about the health care debate, we overlook the teeth and oral cavity. Children every day are forced to go to school… have to go to school with horrendous dental decay. And what's noticeable in my years of practicing that children who have rampant dental carries at the ages of three (3) to five (5), have only had their teeth for a short period of time, when these diseases, in 09500053.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 many cases, are preventable. Anything that we can do as a state to try to… try to overlook what the… or try to help what the former Surgeon General Satcher, had indicated as an epidemic in our society, I support wholeheartedly. I would like to commend the Sponsor trying to, in her way, understand the importance of dental care as this Body has over the years by mandated examinations and by increasing and making good public policy toward dental education. I would ask all Members to support the Coalition's initiative and support this Bill."
"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 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Kosel, you have House Bill 2007. Do you wish us to read that Bill? Mr. Clerk, read the Bill."
"House Bill 2007, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Lady from Will, Representative Kosel."
"Thank you, Mr. Speaker… will the… Ladies and Gentlemen of the House. This Bill collapses the provisions of alternate certification for teachers into one (1) Bill. It takes the various routes and puts them together so that… it be easier for people to follow. The Amendment clarifies that individuals enrolled in the current alternate certification program, requirements would not change, and 09500053.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 that all new applications would be under the new consolidated program. This is an initiative of the State Board of Education. And I would ask for your approval."
"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 Collins and Hoffman, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hernandez, you also have House Bill 1450. Mr. Clerk, read the Bill."
"House Bill 1450, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Hernandez."
"Thank you, Chairman and Members of the Legislature. House Bill 1450 is a Bill with an Amendment that closes a loophole in the escape statute, created by the decision of the Illinois Supreme Court in People v. Michael Taylor, a decision that came down in May of 2006. Prior to the decision, juveniles adjudicated as a felon who attempted to escape from a juvenile correction facility could be held accountable for the attempted escape. After the Supreme Court decision, that same juvenile would not be held accountable because the statute reads, 'convicted of a felony' as opposed to adjudicate a felon. This Bill makes it clear that an adjudication as well as a conviction 09500053.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 constitutes the underlying element of the offense. Without the Amendment to the statute, juveniles who escape from the juven… juvenile detention center have no consequence for their escape. I ask for your 'aye' vote."
"This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates she'll yield."
"Representative, a couple of things. Just for a point of clarification. This Bill no longer has anything to do with sexual battery, is that correct?"
"Correct."
"And so what we're saying is that escape becomes a Class II felony, but failure to report is a Class III felony. Correct?"
"It doesn't change the penalties or enhance them."
"That's fine, but that doesn't answer my question."
"That's correct. It does not extend to a third felony."
"Okay. So… so, today escape is presently a Class II?"
"Yes."
"Failure to report is a Class III felony, but failure to report if it was a misdemeanor underlying it remains a Class A misdemeanor?"
"Yes, it does. Nothing changes."
"I'm… I'm not trying to throw you off track. I mean, I can't figure out what the Bill actually does though." 09500053.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Basically, just clarifying. It makes it clear. that the adjudication as well as the conviction constitute under an underlying element of the offense."
"Just one second, Representative, thank you. Rep… Rep… Representative, rather than tie up your time and that time of the Body, let me… I'll yield for now and I'll talk with staff. Thank you, Speaker."
"Representative Durkin."
"Will the Sponsor yield?"
"Indicates she'll yield."
"Representative Hernandez, I know what you are trying to do and I appreciate it. I just have one (1) question. It requires… the escapes penalty is only attached when the juvenile has been adjudicated, meaning the court has made some type of determination as to their guilt or innocence towards the charges that are pending before them in the juvenile court, correct?"
"Correct."
"Now, we do have situations where juvenile offenders are detained. We have in Cook County the juvenile detention center and they are held under some type of bond. Is that… that's your understanding?"
"Yes."
"Now, what if a child escapes from the juvenile detention center, they had not been adjudicated, but they have fled, they've somehow have been able to walk out of the facility. Would they still be able to be prosecuted for escape, even though there's no adjudication?" 09500053.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"I believe, not… Just one moment. I believe it's not."
"Do you want to… have a staffer coming over."
Speaker Hannig: "Representative, why don't you repeat the question."
"All right. The question is, is… if a juvenile who is presently being detained, that some type of bond has been set, and he is being… this young man or young lady is being held at a juvenile detention center, we have those in DuPage and Cook County, and they do escape from that facility, but they have not been adjudicated. Will they still be subject to the escape penalty charges and the penalties, even though there's no adjudication?"
"No. The answer is no, they have to be adjudicated."
"All right. Well, that's the one flaw I see with this Bill. I think it would be a better Bill if you state that they are being held… somehow being detained, awaiting charges prior to adjudication, because I don't think they should get the benefit of fleeing and leaving the custody of, whether it's the Cook County Sheriff or whatever juvenile detention authority it is, and not being held accountable for their actions. Will you consider amending this Bill to state something to the effect that, if they do escape from a facility while they are being detained, prior to adjudication, that they will be subject to the escape provisions under the Criminal Code?"
"I will take it out of the record." 09500053.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Okay. So, out of the record at the request of the Sponsor. Representative Lindner, you have House Bill 298. Do you wish us to read that? Mr. Clerk, read the Bill."
"House Bill 298, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Lindner."
"Yes. Thank you, Mr. Speaker. This Bill adds to the Illinois Vehicle Code when there is a medical evaluation of people who are… their driving privileges might be suspended, that the person be present and have a right to a hearing but they have to request a hearing in writing."
"This is on Short Debate. Does anyone rise 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 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative May, you have House Bill 2285. Representative May, do you wish us to read 2285? Mr. Clerk, read the Bill."
"House Bill 2285, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"The Lady from Lake, Representative May."
"Yes. Thank you, Speaker and Members of the House. This is an Amendment to the Compressive Health Insurance Plan Act. We've discovered that preventative health care, while the actual test is covered, the office visit is not. This 09500053.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 includes preventative screenings for mammograms, Pap smears, prostate-specific tests and colorectal cancer. I'd be happy to answer any questions."
"This is on Short Debate. Does anyone stand in response? Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, I'm not quite sure what your Bill does. What does it add to the cost that you wouldn't currently have if you go in for a regular checkup?"
"You mean, specifically? The fiscal note is about forty to ninety thousand dollars ($40,000 to $90,000) a year for GRF, but as was pointed out in committee, it could save money in the long run. As you are aware people in the CHIP Pool are ones who have some preexisting condition or have a disease or some reason that they are there and they can't get health insurance."
"I'm just wondering the way you are approaching it, how you were… what that we don't normally… what are we covering that we don't normally cover now?"
"It's the office visit."
"All right. Thank you."
"Representative Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, it looks to me like you're covering more than just office visits. What we're seeing. It would seem to me that you're not covering mammograms, correct?" 09500053.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Well, they're already covered. The test itself is already covered."
"How about pap tests, prostate tests… colorectal cancer screening and… and oral contraceptives…"
"Yes."
"…are they already covered?"
"The… well, for all of the tests they are covered, but the office visit is not, and oral contraceptive is not covered. It was specifically written out."
"You are deleting that specific language. In the CHIP law now it specifically states that CHIP does not pay for oral contraceptives, correct?"
"That's correct. Yes, you're right."
"And you're now saying that it does."
"It takes out that one sentence, yes. Just like… you know that…"
"How many people that are enrolled in CHIP have called you and said, I… I just have to have the oral contraceptive?"
"I heard from a constituent in my district and interestingly enough put it together with the office visits because Representative Currie, who is kind enough to sponsor this with me, had gotten letters from constituents."
"I wonder why I never get those letters. What… what's the average age of a person in CHIP?"
"I don't have that information."
"Well, would… would you think it'd be in the twenties (20s)?" 09500053.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"No, it's not."
"How about the thirties (30s)?"
"I did ask as I was getting information that I believe that in the sixteen (16) to fifty (50) age group, there were about 10 percent. I mean that's… it's hard to know. I didn't get the exact breakdown, Sir."
"How much… how much does it cost per month right now to sign up for CHIP?"
"It… I've heard costs of six hundred (600) or more. Actually, another one of my Sponsors, Representative Mautino, is on the CHIP Board and he said if there were people who had questions, he'd be happy to answer them because…"
"okay."
"…he actually sits on the CHIP Board."
"Okay. Can I ask the Gentleman who sits on the CHIP Board a question?"
"It's okay with me if the Speaker says 'yes'."
"Okay. Thank you."
"Okay. So, Representative Mautino's recognized to answer a question."
"Thank you."
"Representative Black."
"Representative Mautino, what's… what's the general monthly premium for somebody on CHIP?"
"They go with… excuse me. There's a range on those but by the average it goes about anywhere from four-fifty (450) to six hundred dollars ($600) per month. Up it as 09500053.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 high as some people can go. Up to a thousand dollars ($1,000)…"
"Right."
"…a month."
"But when we started this we regarded this as kind of the insurance of last resort, did we not?"
"Yes, it is."
"Because it… it's designed to cover people who are excluded from the normal marketplace because of pre- existing conditions or general overall health problems, correct?"
"Well, we have… we have two separate pools inside the CHIP. We have the section seven (7), which are the medically uninsurable. That would be people who cannot get…"
"Right. Okay."
"…health care in the open market; and then you have second… the second section, which is section fifteen (15), and those are the people who came from the ERISA plans or plant closures…"
"Okay."
"…and they came. And now that's a younger group. That tends to be in a less… a less expensive group in the section fifteen (15)." Black: "Okay. In your opinion, sitting on this Board, would the inclusion of the language in this Bill add significant cost to the premium payer or meas… measurable cost? It's easy for me to say." 09500053.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"And that was active… asked of our actuaries, Towers Perrin, and they said it would be a very minimal cost."
"Okay."
"Most of the Bill is actually things we do now, but it was found that we don't actually cover the… the office visit itself…"
"Okay."
"…but there is no objections from the CHIP Board, and we did price it out."
"Well I… I… I appreciate your answers because I think you and I have always been on the same page. We guard CHIP carefully so that we don't increase a premium that's already high, but it is the insurance of last resort for many people. So having worked with you over the years, if you tell me the CHIP Board is not worried about the cost, then I take that at face value at your word, and I intend to vote for the Bill. Thank you."
"Thanks."
"Representative May to close."
"Thank you so much. This has forty-six (46) Sponsors in a bipartisan fashion. It was unanimous in committee. There really is no opposition and I do appreciate the questions about the nominal cost. We really think that it will save money in the long term to cover the office visits. So, I appreciate you support."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lindner, Kosel, Cole 09500053.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 and Beaubien, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, we're going to return to House Bill 1450. Representative Hernandez, I understand that you've… you've kinda worked out this Bill. So, why don't you briefly present the Bill again and then we will proceed."
"Thank you, Speaker."
Speaker Hannig: "Excuse me, Representative Hernandez. Why don't we let Representative Granberg recognize some people from his district? Representative Granberg."
"Thank you, Representative Hernandez. I'm once again honored to have another school from my district, two (2) in the last 15 minutes. Will you give a warm Springfield welcoming to the kids from Selmaville School in Marion County, please."
Speaker Hannig: "So on House Bill 1450, Representative Hernandez."
"Yes. Just to give clarification. According to that Supreme Court, since juveniles are adjudicated delinquent rather than convicted they do not fall within the ambit of the statute. This Bill seeks to rectify the situation by making it clear that the escape statute covers situations involving juveniles. I have spoken with the Representative and if he feels that we still need to work it out, we will work it out in the Senate."
"On that question, Representative Durkin." 09500053.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Thank you. To the Bill. I did speak with Representative Hernandez. I think the way it's drafted… I think there's a drafting error. And I think we can make the appropriate changes to be inclusive to ensure that the situation, where a juvenile has been charged and they are detained and they do escape from the detention center, would be eligible for these types of penalties. And I… I'll take her for her word and I would ask everybody to support the legislation. Move it out of the House and we can work on it in the Senate."
"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 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Reitz, for what reason do you rise?"
"For purpose of an announcement."
"Proceed"
"I'd like to announce that the Agriculture and Conservation Committee scheduled for this afternoon has been canceled."
"Representative McGuire, you have House Bill 3571. Mr. Clerk, read the Bill."
"House Bill 3571, a Bill for an Act concerning fish and wildlife. Third Reading of this House Bill."
"Representative McGuire." 09500053.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Thank you, Mr. Speaker. House Bill 3571 amends the Fish and Aquatic Life Code, the Wildlife Code… Code and the Wildlife Restoration Cooperation Act. This Bill makes a language change in each Act so that certain appropriations and funds are to be used by DNR for the administration and management of fish and wildlife resources of the state. Additionally, the Bill requires DNR to follow rules and regulations set by the Secretary of the Interior, rather than the Secretary of Agriculture. These technical changes come at the request of the Federal Government and are required for DNR to continue to receive certain federal funds. There's an immediate… excuse me… an immediate effective date. Excuse me. I'd appreciate your '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 Stephens, Reis, and Mitchell, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Meyer, you have House Bill 314. Mr. Clerk, read the Bill."
"House Bill 314, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Meyer." 09500053.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 314 allows DCEO to encourage the community technology centers to participate in public and private computer hardware equipment recycling initiatives that provide computers at reduced or no cost to families, to low-income families, including programs authorized by the State Property Control Act. On an annual basis the department must provide the director of Central Management Services with a list of community technology centers that have applied to the department for funding or as potential recipients of surplus state-owned computer hardware equipment under the programs authorized by the State Property Control Act. It also provides that senior citizen homes may receive grants under the Community Technology Center Grant Program."
This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. The Sponsor yield?"
"Indicates he'll yield." Davis, W.: "Representative, I was just reading through our analysis and it indicates that those computers can be donated to individuals. Is that still correct?"
"And my understanding is that this would go to the Community Technology Center and they would determine how that would be allocated out. Again, it has a provision for computers at a reduced or no cost to low-income families, which that's right from the Bill. So in that essence 09500053.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 you're correct in that the community or the technology center would be… make that determination." Davis, W.: "Well I and… and I can appreciate what you're trying to do and certainly would like to be supportive of it, but I'm just making sure. So… so, if I'm a family, how… how do we determine a family that's negatively impacted by the digital divide?"
"Representative, the technology center would have a criteria that they would measure an application against in order to make sure there was compliance." Davis, W.: "Okay. So the… so, the technology centers, wherever they may be, ultimately administer this program?"
"That's correct. And I might add that this program's already in place, it just… it allows for senior centers to apply and it also encourages… DCEO encourages the community, technology centers to participate." Davis, W.: "Okay. Well, like I said, I certainly want to be supportive of what you're saying, I'm just trying to make sure I understood some of the procedural aspects of it."
"I understand" Davis, W.: "Thank… thank you very much, Representative."
"Sure."
Representative Ramey."
"Thank you, Mr. Speaker. Just to try to follow up on… To the Bill.
"To the Bill."
"What Representative Davis is questioning… I was the original Sponsor of the Bill. I had to get off and Representative Meyer graciously took it over for me. The 09500053.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 idea of this program, to close the digital divide, is to get the state agencies involved more, because at the present moment they were more interested in selling the computers than giving them away. There… and then for funding for their program… their own departments. So, what this Bill does is put with DCEO and CMS an initiative to make sure that all information is available to all community outreach areas, the CTCs, that they know that these are available and the state not necessarily as a clearinghouse, but we're using them to advertise and get the information out to the people that need the computers."
"Is there 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? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rita, you have House Bill 559. Do you wish us to read that? How about House Bill 1270, Representative Rita? Mr. Clerk, read the Bill. House Bill 1270."
"House Bill 1270, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Rita. No? Out of the record.
"Can we take it out of the rec…"
"Out of the record. Okay. Representative Ryg, you have House Bill 2473. I'm sorry, Representative Bost, I couldn't hear 'ya'." 09500053.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"There seems to be a failure in the system, all of our green lights are still lit."
"We're going… we're going to pass…"
"Now would be a good time to call all the Bills that I want passed. Yes."
Speaker Hannig: "The Governor wants us to call the Gross Receipts Tax right now."
"I'd like to change my vote."
"I'm advised now that we have the voting switch problem clarified. And Representative Ryg, you're recognized on House Bill 2473."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2473 amends the Hotel Operators Occupation Tax. It increases the contributions to the Tourism Funds, provides that 1 percent of the receipts of the Hotel Tax would be used to fund the Local Planning Fund. The Local Planning Technical Assistance Act was passed in 2002 creating the Local Planning Fund to better coordinate development decisions within and across communities, and to effectively leverage state investments in roads in transit, economic development aid, and provide municipalities with planning technical assistance. By offering this assistance, communities can better plan the wise use of land, infrastructure and natural resources through the development of a comprehensive plan. I'm open to any questions."
"Clerk, let's be certain we've read this a third time. Would you read the Bill, please." 09500053.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"House Bill 2473, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Okay. So, Representative Ryg moves for the passage of House Bill 2473. 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 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1270."
"House Bill 1270, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Rita."
"Thank you, Mr. Speaker. House Bill 1270 amends the Public Graveyards Act. And what it does is gives the township board authority to raise the compensation for caretakers and cemetery trustees. Currently, the maximum they could receive is five hundred dollars ($500) per year and they'll raise it to two thousand dollars ($2000) per year. Doesn't raise it, it just gives the authority to the township boards."
"This is on the Order of Standard Debate. And on that question, Representative Meyer. Representative Meyer."
"Representative, what's a cemetery trustee?"
"It's a position that in some townships have cemeteries and they oversee the cemeteries that the… the authority through the township." 09500053.doc 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"I… I got most of what you said. It's a town… township…"
"It's a position within the township, that oversees township cemeteries. Some townships in the State of Illinois have cemeteries, and their position or function would be to oversee the township cemeteries."
"When you say oversee it, is that an active position or…"
"The maintenance… the maintenance and the operation; the upkeep of… of running a… a graveyard township."
"Well what's the current salary for these individuals?"
"It varies depending upon townships. The maximum they can receive is five hundred dollars ($500) per year. It's set statutorily that the maximum they can receive is five hundred (500). What we're doing is allowing it to go up to two thousand (2000), if the township board approves of that salary increase. So, we're not base… we're not raising the salary, we're just raising the threshold of the salary to… and I believe it has not been changed more than twenty (20) years."
"Well, the reason why I'm… I'm somewhat confused on this is because my analysis indicates this… this increase only applies to cemetery trustees who also add to the cemetery caretakers, may be paid compensation of up to five thousand dollars ($5000) a year. Now you're talking…"
"I guess they just… that's a different position. There's a couple different positions depending upon what's within the township on there. And that one would go up to five thousand (5000) which is currently…" 09500053.doc 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Well, it seems to me like you've described as part of the two thousand dollar ($2000) job the position that a five thousand dollar-a-year job would be. You're talking about… you… you describe caretaker duties as a part of the trustee position."
"The trustee would oversee is… is oversee. And the caretaker is actually a person that would do the work, have performed the work on there. So, it would be a duel function of the caretaker and trustee, but we have some that are just trustees."
"Well, is… is this somebody that's gone… How many trustees would there be for a township cemetery?"
"I believe there's three (3), three (3) trustees.
"So, you have three (3)…"
"If… if… if a township has a… a cemetery. So not every township has this." Meyer: Well, I would assume that if they have it, they're probably small cemeteries. So you got three (3) people who will be paid… will be paid up to two thousand dollars ($2000) a year overseeing a person that's going to be paid up to five thousand dollars ($5000) a year for doing the work. It doesn't seem to make sense."
"Well, currently it's five hundred (500) and then the township board would have to pay… have to… to vote on that increase. And it's just limiting the increase up to two thousand (2000) from five hundred (500), which this has not been changed now, I thought it was… it was more than twenty (20) years. It's about thirty (30) years." 09500053.doc 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Well, I go back to a municipal government and when I served on the municipal board, I served at a salary of two thousand dollars ($2000) a year. Now, that's what it ended up. We started out at twenty dollars ($20) a meeting. But at the same time, the Director of Public Works, who did all the work, they… they got paid significantly more. If you got somebody that is not doing any of the work basically, because they're a trustee. Overseeing the person that's doing the work for five thousand dollars ($5000) a year, why should you… why should that township… why should we be authorizing a payment of six thousand dollars ($6000) to oversee someone that's doing the work for five thousand (5000)."
"Well, not all of the…"
"We're talking about mowing grass, aren't we?"
"Yeah. Not all of the… the… the caretakers that… we have some that are just trustees and there are some that are caretakers and trustees combined."
"Well, does your legislation allow only those that are caretakers and trustees to receive the two thousand dollars ($2000), or… or does all trus… do all trustees, whether they do the work or not, can they go up to two thousand dollars ($2000)?"
"It could. It would… it could and it depends on the individual board and how they would want to raise it. Some may not want to raise it, but one of the problems that falls into is finding someone to do these duties within these townships that have this… that have cemeteries." 09500053.doc 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Well, my understanding, Representative, is that you're compensating someone that is an overseer up to two thousand dollars ($2000) and you're paying… this is craz… well, how I read the Bill at least… and you're paying someone that actually does the work five thousand (5000)…"
"Representative, your time is expired. Could you bring your remarks to a close."
"Certainly, thank you. Up to five thousand dollars ($5000). And it just doesn't seem to me that that's a real good piece of legislation that increases it that amount to supervise somebody that's doing the actual work of cutting grass."
"Representative Rita to close."
"I'm asking for a favorable 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 Ryg, May, Leitch, Black. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 46 voting 'yes' and 67 voting 'no'. And the Bill fails. Representative Saviano, you have House Bill 125. Okay. Out of the record. Representative Smith, you have House Bill 2011. Representative Smith. Out of the record. Representative Soto, you have House Bill 1747. Mr. Clerk, read the bill."
"House Bill 1747, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Soto." 09500053.doc 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Thank you, Speaker and Members of the House. House Bill 1747 amends the Income Withholding for Support Act, provides that when an obligor under the order of support terminates his or her employment, whether voluntarily or otherwise, the obligor's employer must obtain a copy of the order and pay the arrears up. Any… I'm open for any questions."
"This is on the Order of Short Debate. Does anyone stand in response? The Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, is there any concession made here in a domestic violence situation where you would not want someone to have access to records?"
"Yes, we took that into consideration. We've been working closely with the Illinois Trial Lawyers; also, with the Healthcare and Family Services and the Governor's Office. So we've been sitting down… and Representative Chapin Rose."
"This Bill still has to go to the Senate, correct?"
"Yes, it does."
"So, once it's out of here, if there are some inconsistencies, there's still some time to work on it?"
"Yes there is, Representative. And if you would like to work on…"
"All right. But there is an exemption. How would you, if you're a victim of domestic violence and you do not want personal information that might include your 09500053.doc 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 whereabouts given out, what does the person have to do to ensure that, that doesn't happen?"
"You notify the… Say the Cook County State's Attorney's Office is the representing agency or department, what we do is, I worked for the Cook County State's Attorney's Office for eighteen (18) years, and what we do is we flag the case and we coverup the… the address. And…"
"Also, does she need an order of protection, or does a person need an order of protection in order for that to happen?"
"No, no you don't. But if you have one we would put it into the file and of course, it is flagged."
"All right. Thank you."
"Representative Rose."
"Thank… thank you, Mr. Speaker. I want to say thank you to the Sponsor. We've been working on this so far the whole Session. There are… I know the discussion's already set for later this week when the Bill hopefully makes its way over to the Senate. In response to the previous speaker's question, the confidentiality of the records is set by Federal Law, as well as internal rule already in act, and this doesn't change what's already on the books. So, as far as I know, but this is… this is going to be a great step forward in the collection of child support and I hope everybody would vote for it."
"Representative Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield." 09500053.doc 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Representative, the part that I don't understand is you're prohibiting the Secretary of State from renewing or issuing a driver's license to the noncustodial parent, if they're more than ninety (90) days behind in their support. Without the driver's license, the chances of getting any money for child support may be slim and none."
"Can… Representative Rose will answer the question?"
"Well, I didn't know Representative Rose was sponsoring the Bill, but…"
"But he is a, he's a hyphenated Sponsor, Chief Sponsor."
"Oh. Is he a… is he a…"
"And we've been working together on the Bill."
"Oh, okay. Well, I… I'm always interested in what Chapin Rose has to say."
"Me too."
"Representative Rose."
"I'm not closing. I don't have an answer to my question, yet."
"Well, I'm… I'm trying to answer your question, Representative Black. The way this would work is that it once you enter into a payment agreement with the department, you would get your license back. So the inducement is to get people into compliance. Once they're in compliance with a payment order, regardless of whatever the arrearage amount is, but they are making those payments, then the suspension order's no longer in effect. So, basically, what the suspension does, it would only be for that period of time in which a person is essentially refusing, willfully refusing to pay and is not in a payment 09500053.doc 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 order… some sort of payment agreement. The payment agreements are already technical, done via statute either through the court, judge or per the administrative rule, which this Body authorized some years ago. And we are not changing the way in which a payment order is… the terms of any payment order, either through the court or through the administrative rule, what we're simply saying is that until they are entered into that payment order and in compliance, that is making payments on a regular basis, the license would be suspended. However, once they enter into it, it would no longer be suspended."
"So, in other words, if I… if I sign a payment agreement, that I have no intention of keeping, I get my license."
"Your license would be reinstated until, through administrative rule or through order of the court, and it's found that you are in noncompliance with the payment order, at which point in time it would be resuspended."
"So, I…"
"If you were going to do that, you might get a month or two (2) back, but it would catch up to ya."
"I was under the impression that an Illinois Supreme Court case, and I think it was People v. Lindner, that the justices clearly said, you cannot suspend nor revoke a driver's license for a non motor vehicle offense."
"Well, Representative Black, I'm not familiar with that case, but I know that through the… currently, under current law, the judge has the ability in a child support case to send the Secretary of State's Office a payment to suspend 09500053.doc 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 or… excuse me, to suspend the license when it's ordered through the court; however, that same suspension is not applicable yet to administrative rule and this would apply to the administrative rule."
"What… what if the noncustodial parent has remarried and the vehicle is in joint tenancy?"
"What do you mean the vehicle; we are talking about the driver's license?"
"Well, I… he's going to drive the car, right?"
"Yeah, but the titling of the vehicle doesn't have anything to do with the license suspension of the person's driver's license."
"So, you… you don't have to impound the car, you're just going to take away the license, right?"
"No, there's… there's another Section in here that provides for a vehicle impoundment, but we were talking about driver's license suspension. So, if you want to, are you wanting to move on?"
"Well, yeah. I don't know how you can impound a car if the NCP has remarried and the car is titled in both names?"
"That… absolute… you're accurate. That if it's titled in someone else's name, you cannot impound the car, and that would be for anything, but if it's titled in their name you could."
"All right. Mr. Speaker, to the Bill in the time I have left. I have great respect for Representative Rose, but I think he was still in law school when we switched over to the State Disbursement Unit here long ago. The child support system in Illinois, while it has made tremendous 09500053.doc 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 improvement, not that many years ago was ruled and adjudicated as the worst in the country. I have noncustodial parents who are constantly hauled into court. We get all of their records from the Circuit Clerks Office, we walk through it with them, we send it over, and then we're told…"
Speaker Hannig: "Could you bring your remarks to a close, please."
"Often what happens to the noncustodial parent, they get cut off. We… that didn't come out right either, did it? We always react. And I have found that 35 percent of the time the noncustodial parent who has an arrearage, in fact, doesn’t, have an arrearage at all. It's… now the recordkeeping has certainly improved under the State of Illinois, but ten (10) years ago, I think everybody… anybody would tell you it was the worst in the country. Then we went through the State Disbursement Unit and that was an absolute disaster. We wrote off ten million dollars ($10,000,000) in emergency taxpayer payments to custodial parents who didn't get their money because the State Disbursement Unit didn't know what happened to the checks. If I have a noncustodial parent in my district and he can't drive or she can't drive and they can't go to work, they can't make any payments. I… I think what we should do, instead of punitive measures, is we should try to figure out a way to get the money, and all we do here year after year is we try to punish the noncustodial parent. And there are some who deserve to be punished. There is no question about it, there are some real deadbeats out there. 09500053.doc 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 But most of the people my office deals with on a daily basis are trying to do and meet what the court said. They often remarry, they often have expenses that the court refuses to consider, they do the best they can, they fall behind, they lose their driver's license. How are you going to get any money out of that person? I just think the Bill is punitive rather than a Bill that would help the noncustodial parent catch up. I've had years of experience with this issue, and I intend to vote 'no'."
"Representative Lang."
"Thank you, Mr. Speaker. I rise in support of the Lady's Bill. Ya know, I've been after some stronger measures as many of us have on this floor for a long time regarding child support. I had a Bill some years ago that would allow a domestic relations judge to summarily jail someone who the judge felt was not paying child support when the judge felt they could pay child support. One moment. This Bill is a… is a real stick that would allow the department to help push people into making the payments. So, if a person is past due, they have been past due for a very long period of time, Mr. Speaker and Ladies and Gentlemen and the department would then suspend the license for as long as it took to get the person to make an agreement. The department would have the ability, if the department decided the person simply couldn't pay to lift the suspension. This is not a forever suspension. It doesn't say you're going to lose driving privileges forever, it simply… is it trust trying to get somebody's attention. The whole goal here is if we can get somebody in a room, 09500053.doc 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 and we've made their life uncomfortable enough, they will make an agreement to pay and my guess is, Ladies and Gentlemen, that the Lady's Bill will get many people to pay. People who drive, in many cases, large cars and own businesses and purposely avoid their child support obligations. Certainly the prior speaker has a point. where he talks about this being punitive, but I don’t think that's the direction of the Bill. The direction of the Bill is to get somebody's attention. Yes, there are many people who can't pay at all. But this Bill would get the department the ability to get someone in a room and determine that. Right now, we've got people completely avoiding their obligation, completely avoiding the debate, completely avoiding the court room, completely avoiding the ex-spouse, completely avoiding the children, and completely avoiding a court order saying you shall pay. I think we have to give some credence to judges that determine that these payments are due. Judges will not be, I assume, ordering people to pay child support who can't pay child support. There are guidelines, but no one's ordered to pay who the judge feels cannot pay, and therefore, the idea by the department here is let's get their attention, let's get them in the room, let's sit down with them, and if we can work out a payment arrangement, they get their license back. If we determine they can't pay at all, they get their license back. But if they can pay, they ought to pay. I think we all agree with that. And this Bill that the Lady has crafted, and by the way, Representative Soto has worked long and hard on this Bill, many different 09500053.doc 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 Amendments, many different conversations with those on both sides of the aisle, and real experts in this field, this Bill will get the attention of those people who are not paying their child support and I believe it's going to get more people paid. In the end, it's going to reduce the burden on the department, chasing those folks around. I think it’s a good Bill and I would urge an 'aye' vote."
Speaker Hannig: "We've had three in support and two in response. Representative Dunkin, do you wish to speak in response or opposition?"
"…sition. Question."
"Do you have a question? Then that would be in response. So, you're recognized for 5 minutes."
"Thank you, Mr. Speak…"
"Yes, Representative Dunkin."
"Will the Sponsor yield for a question?"
"She indicates she'll yield."
"All right. Just a brief question here. So, what system currently does the State of Illinois's Child Support Enforcement conduct today in being aggressive in obtaining child support in today's forum? I'm trying to figure out with today's system that exists versus this system here that you are trying to imply."
"Representative Dunkin this is just…"
"Or require."
"Did he say…? Oh, yes, Representative Dunkin, this… let me just mention again the difference… Okay. We have an old method; we're coming up with a new method. As stated, before you on your screen…" 09500053.doc 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"I can barely hear you or understand you Representative."
"Okay. What's… House Bill 1747, it amends severance, severance pay to the list of items defined in income wage withholding purposes. Right now, we don't have that. This is how this makes it better. Authorizes Healthcare and Family Service to request the Secretary of State to suspend Illinois drivers' privileges to child support debtors through an administrative process. It also authorizes Healthcare and Family Services to work with municipalities to immobilize vehicles for certain child support debtors. It also authorizes parents and their legal representatives to review records. This is what this Bill does."
"So, is there any empirical data or evidence that supports this legislation in other states, that is going to guarantee that we're going to improve collections as it relates to someone… some parent owing money? Can we cite another state, another example?"
"Oh, yeah, we have other states… twenty (20) other states that are doing that. And I'm looking for my information… let me just get it over to you. Administrative suspension of driver's license is used in twenty (20) states and it is highly successful… an enforcement tool. Some of the states successfully using this enforcement tool are Colorado and out of this, they've collected eleven million dollars ($11,000,000). New Jersey is also a part of this, and they've collected eleven million dollars ($11,000,000). New York also has the same law, and they've collected nine million dollars ($9,000,000). Virginia has collected 09500053.doc 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 thirty-four million dollars ($34,000,000) and Washington forty-nine million dollars ($49,000,000)."
"You're saying they directly attribute this to this specific program or is that a collective selection that they've taken upon themselves. You're saying directly as it relates to this type of legislation or in general?" Soto: Okay. Okay. This Bill resulted from the provision that adds severance pay to a list of items defined in income wage withholding purpose."
"I'm sorry. Can you repeat that again."
"Yes. That resulted… what I just mentioned resulted in the area that adds severance pay to the list of items defined from the income withholding wage withholding purpose."
"Okay. Okay. So, why is the Chicago Bar Association against this legislation?"
"They're not, they're supportive. At one time… It might not be updated on our lap top but they are off the Bill already. They are supportive now. We've been working with them. The Illinois Chamber of Commerce, the Illinois Trial Lawyers, we've also had the Secretary of State, Speaker Madigan, and the Med Society."
"So you're saying without…"
"And the Illinois State Police."
"…without this legislation, we're ineffective in terms of collecting child support for the children of this state?"
"We can never say… We can't… I'm not going to say that we're ineffective, we need to get better. There's a lot of 09500053.doc 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 issues. We're doing much better, but as you know, this system has been broken for a long time. I've been at the Cook County State's Attorney's Office, while I was there eighteen (18) years before coming here, and the system was broken. And thanks to this…"
"So, let me ask this here, Representative, 'cause my time is expiring."
"Okay. Go ahead."
"Real briefly. So, if I'm a truck driver or if I'm a bus driver, or if I need my vehicle to get to and from work and my license is suspended, how am I able to pay my child support? How does this measure help?"
"The way this measure help… how does it help? It would help you if you go to the Clerk of the Circuit Court and motion up your case so that you can work this out, work your arrears out. Make a… make a payment arrangement. It's available to you."
"So, again, I'm trying to understand that. If it's required for me to get back and forth to work or to utilize my driver's license at my job, and I have children elsewhere, how would this benefit me and why is it that I have to be condemned at all…"
"Representative your time is expired, could you bring your remarks to a close."
"I guess, at… what I want to simply understand is, is this an effective way to actually collect dollars? Especially, for example, if someone needs or utilizes their driver's license… their driver's license as a taxi cab driver, as a school bus driver, as someone who drives a 09500053.doc 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 truck, how would this best serve the children effectively in getting those dollars?"
"Representative…"
"…I need that job to help pay for my child support?"
"Okay. Okay. Representative Dunkin, if you were the custodial parent and the noncustodial parent was not paying you child support, would you want us to implement a system that would help you receive your child support payment, yes or no?"
"I guess…"
"No, no, no, yes or no."
"…what I'm trying to find out is at what level does it stop, when we continue to penalize people who are at least trying to take care of their kids?"
"Trying, trying, we have a lot of methods that help you to support your kids. We have…"
"And is the same system so inadequate today that says…"
"Rep… Representative, could… could you bring your remarks to a close."
"…that they can't effectively collect monies from their… They're withholding at the IRS level, at the state level, they withhold at various jobs. I mean how difficult it is… is it for the state not to effectively collect those dollars? I thought we… we were successful with it already. We have a Web site if you get over a certain amount. Why is this so unique?"
"Representative Dunkin, we have a Web… a Web site that includes the State Disbursement Unit, Child Support Enforcement Division, Healthcare and Family Services. All 09500053.doc 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 the information is out there. If you have problems paying your child support, you can also go to the court, motion up your case, you can go upwards if you have an increase in your pay, you can go downward if you're paying too much. If… if your child support payment is too high, maybe because you changed your job and maybe you're making less, there are methods out there that you can also reduce and increase child support payments."
"Okay. So… So, Representative…"
"This is for the noncustodial parent."
"Representative Soto, his time has expired and you have 5 minutes to close."
"Thank you."
"Okay?"
"Thank you. Today we've heard on the floor that… that this Bill is not the greatest Bill. Well, I think it is. You know what, I've not seen any other Bill out here that would be helping custodial parents. If a noncustodial parent has an issue with not being able to pay child support, there is a method out there to help them. It is to motion up the case through the Cook County or any clerk's office in the State of Illinois. There are tools out there that will help you too. We are, I think in the State of Illinois, I have to say, our payments are doing much better than what it was when I first got here. And I just want to thank everybody here, and I know that this is a good Bill. And for those of you who have been working in the child support area, thank you for all the work that you 09500053.doc 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 have done before I've gotten here. And I urge an 'aye' vote. Thank you so much."
"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 Mitchell and Schock, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 97 voting 'yes', and 15 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Watson, for what reason do you rise?"
"Mr. Speaker, inquiry of the Chair?"
"State your point."
"In… in… on a common rational note, is there any progress, any word on the utility rates? Is there anything forthcoming that you are aware of?"
Speaker Hannig: "I have nothing to announce at this time, Representative."
"All right. We will just continue to ask on a daily basis. Thank you, Sir."
"Mr. Clerk, read House Bill 227."
"House Bill 227, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Currie."
"Thank you, Speaker and Members of the House. This is an initiative of the title associations in conjunction with the county recorder of deeds. The idea is to find a way to permit electronic recording of deeds and titles. And what the measure in its final form does is to create a 09500053.doc 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 commission in the Secretary of State's Office with recorders, with representatives of mortgage and titles companies. They will make recommendations for rules and regulations to the Secretary. The Secretary may then promulgate them. The idea and the hope is that there will be uniform standards for recording of deeds with the county officials. And I know of no opposition. And I'd appreciate your support for the Bill and I would be happy to answer your questions."
"This is on the Order of Short Debate. And in response, the Gentleman from Knox, Representative Moffitt."
"Thank you Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, I believe there are recorders and a lot of county officials are proponents of this, is that correct?"
"It is."
"Then, I assume that if you'll just confirm it that… that you're working so that there is no loss of revenue to the counties, because recording documents obviously is a huge… brings in a lot of revenue for a county. So, the fact that they're proponents, I assume provisions would be there, they would still be getting revenue?"
"I… I'm sure they will be able to… to accept paper documents, and I'm… expect they will be able to charge a fee. But that will come from the rules and regulations adopted… posed by the commission and promulgated by the Secretary."
"And those local…" 09500053.doc 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"And… and I surely hope that you're not suggesting the people ought to be overpaying in order that the county doesn't lose a fee."
"No, I think the fees have been set at a reasonable amount. I just wanted to make sure that they were an integral part to any… any change that they would continue to be paid for the work they're doing for the citizens of…"
"The recorders were part of, effectively important part of this discussion. They will be able still to accept paper documents at appropriate fees and if there is some rational for charging fees for electronically recorded documents, I'm sure they will be right out there with their hands out."
"Just so they are a party to the discussions and…"
"Yes."
"…and it does not mean a loss of revenue. So, thank you. I appreciate that."
"Representative Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, and I apologize 'cause I'm just reading this Bill now. But there was a Bill before revenue committee that would've allowed the township… I'm sorry… the chief county assessment officer to charge a fee in regard to electronic transfer of records in regard to pin numbers and property record cards. Would this be a Bill that people could utilize to do an electronic transfer of records and charge a fee for it at the chief county assessment officer level?" 09500053.doc 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"No, this only has to do with the recorder's office."
"Recorders only?"
"This is about recording title, recording deeds."
"Okay. Thank you."
"Representative Munson."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Oftentimes a document is filed with the recorder of deeds office and includes Social Security numbers and there's a big concern that Social Security numbers being posted on the Internet provide some privacy issues and real financial concerns for people, identity theft, that type of thing. Does this address that in any way?"
"No better, no worse than the current laws with respect to filing these deeds and titles with the recorder's office."
"So, there are no provisions that would require masking the Social Security number or financial information on these…"
"It really doesn't have anything to do with that."
"Oh. Thank you."
"Representative Currie to close."
"Appreciate your 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 111 voting 'yes', and 3 voting 'no'. 09500053.doc 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Sullivan, you have House Bill 2853. Do you wish us to read that Bill? Mr. Clerk, read the Bill."
"House Bill 2853, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Sullivan."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2853 is an initiative from the local police force up in Lake County. Creates Internet Gangs Unit; salvages a pilot program in three (3) jurisdictions under the auspices of the Illinois State Police for the purposes of investigating criminal activities of organized gangs that involve the use of the Internet. I'll be happy to answer any questions."
"This is on 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 Mitchell, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Smith, you have House Bill 2011. Mr. Clerk, read the Bill."
"House Bill 2011, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Smith." 09500053.doc 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a proposal from the State Board of Education, and it would change the payment schedule for general state aid payments. Currently the state board issues those in twenty-four (24) payments throughout the year, from August to the end of July. And as many of you know, if you hear from your school superintendents, they're often concerned about those last two (2) payments towards the end of the fiscal year. So this would actually change the number of payments from twenty-four (24) to twenty-two (22) payments. Now this only affects the payment schedule. It doesn't change the amount of funds that a school district would receive. So they… I want to make sure that everyone understands school districts would not be losing any money. All of your school administrators will be happy with this legislation because it will remove the annual problem they have with those last two (2) payments. I know of no opposition. I would be happy to answer any questions."
"This is on 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 113 voting 'yes', and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Verschoore, you have House Bill 410. Do you wish us to read that Bill? Mr. Clerk, read the Bill." 09500053.doc 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"House Bill 410, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Verschoore."
"Thank you, Mr. Speaker and Ladies and Gentlemen. What this Bill does is allows the counties of… in Illinois, all except for Cook County, to have a front door referendum to by where they can, the county and the residents can vote to levy up to a 1 percent or one cent ($0.01) sales tax, and that money would then be remitted back, it would be collected by the Department of Revenue, would be remitted back to the Superintendent of Schools, and he would then distribute it to the schools in that particular county and on a per pupil basis, and they would be able to use that for school renovations, construction, life safety, any kind of general maintenance. The good thing about the Bill, is you know where the money going, it's coming back, it's collected from your county and it comes back to your county. And I would be glad to answer any questions."
"This is on 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? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 65 voting 'yes' and 45 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Verschoore, you also have House Bill 1470. Do you wish us to call that Bill? 1470? Out of 09500053.doc 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 the record. Representative Watson, you have House Bill 1253. Mr. Clerk, read the Bill."
"House Bill 1253, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"Representative Watson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1253 amends the Pension Code and it basically keeps municipalities from… or pension systems from circumventing the law and limiting any like bonds that they could hold the caps in at a 10 percent. I would be more than happy to answer any questions."
"This is on 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 Molaro, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Winters, you have House Bill 3665. Mr. Clerk, read the Bill."
"House Bill 3665, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Winters."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3665 directs the Department of Revenue to gather all of the resources about biodiesel and have them on its Internet Web site. It's brought about by a 09500053.doc 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 gentleman who had started to create his own biodiesel and found out that he had run into problems with the Department of Revenue, not paying the proper fuel taxes. So, this simply makes it a little bit easier for individuals who want to try to reduce our demand on petroleum products. Be happy to answer any questions."
"This is on 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 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce, you're recognized on House Resolution 395, a Motion on 395."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that we… the House suspend the posting requirements on House Resolution 395, so it can be heard in State Government Administration Committee hearing tomorrow afternoon."
"You heard the Gentleman's Motion. Are there any objections? Then the Attendance Roll Call will be used, and the Motion is adopted and the posting requirement is suspended. Mr. Clerk, would you announce any committee time changes."
"One time change. Tomorrow, on Wednesday, May 16, Judiciary-Civil Law has been moved to 9:30. It was originally scheduled for 8 a.m. in C-1, it's moved to 9:30, 09500053.doc 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 Judiciary-Civil Law, Jud I. Today, Agriculture & Conservation has been canceled. The 3 p.m. meeting of Agriculture & Conservation has been canceled."
"Mr. Clerk, read the Agreed Res… Resolutions."
"On the Order of Agreed Resolutions is House Resolution 407, offered by Representative Brady. House Resolution 408, offered by Representative Reis. House Resolution 409, offered by Representative Poe. House Resolution 410, offered by Representative Holbrook. And House Resolution 411, offered by Representative Monique Davis."
Speaker Hannig: "And Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Agreed Resolutions are adopted. Are there any announcements? Representative Yarbrough."
"Thank you, Mr. Speaker. Point of Personal Privilege."
"Proceed."
"Visiting with us today in the gallery, up there somewhere, is the mayor of the Village of Forest Park, and three (3) of his newly elected trustees. Would you please welcome them to the… Are they up there? Please welcome them to Springfield. Thank you."
"Representative Smith, for what reason do you rise?"
"Thank you, Mr. Speaker, for an announcement. The Elementary & Secondary Education Committee meeting for tomorrow morning will be at 9 a.m. rather than 8 a.m." 09500053.doc 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007
"Representative Reitz, for what reason do you rise?"
"For an announcement. I would just like to remind everyone that the Illinois Legislative Sportsmen's Caucus is scheu… has a fish fry tonight at the Conservation World, out by the DNR Building, from 6 to 8. Come on out and have some fish."
Speaker Hannig: "Any further announcements? Then Representative Currie moves, that allowing perfunctory time for the Clerk, that the House stands adjourned 'til tomorrow, Wednesday, May 16, at the hour of 12 noon. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted. And the House stands adjourned."
"House Perfunctory Session will come to order. The following Resolutions are referred to the House Committee on Rules: House Resolution 406, offered by Representative Cross. House Resolution 412, offered by Representative Pihos. House Resolution 413, offered by Representative Pihos, and House Resolution 414, offered by Representative Brauer, and House Resolution 416, offered by Representative Saviano and House Joint Resolution 60, offered by Representative Eddy. The following Senate Bills referred to Order of Senate Bills-First Reading. Introduction of the Senate Bill 15, offered by Representative Graham, a Bill for an Act concerning public health. Senate Bill 27, offered by Representative Miller, a Bill for an Act concerning revenue. Senate Bill 165, offered by Representative Saviano, a Bill for an Act concerning criminal law. Senate Bill 175, offered by 09500053.doc 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 Representative Hernandez, a Bill for an Act concerning public aid. Senate Bill 229, offered by Representative Mathias, a Bill for an Act concerning civil law. House (Sic-Senate) Bill 234, offered by Representative Leitch, a Bill for an Act concerning health. Senate Bill 487, offered by Representative Saviano, a Bill for an Act concerning safety. Senate Bill 544, offered by Representative Hernandez, a Bill for an Act concerning regulation. Senate Bill 593, offered by Representative Fritchey, a Bill for an Act concerning civil law. Senate Bill 607, offered by Representative Rose, a Bill for an Act concerning transportation. Senate Bill 767, offered by Representative Hannig, a Bill for an Act concerning State Government. Senate Bill 1318, offered by Representative Washington, a Bill for an Act concerning transportation. Senate Bill 1397, offered by Representative Graham, a Bill for an Act concerning criminal law. Senate 1428, offered by Representative Hernandez, a Bill for an Act concerning children. Senate Bill 1435, offered by Representative Mathias, a Bill for an Act concerning business. Senate Bill 1446, offered by Representative Froehlich, a Bill for an Act concerning education. Senate Bill 1448, offered by Representative Phelps, a Bill for an Act concerning access to governmental services. Senate Bill 1509, offered by Representative Gordon, a Bill for an Act concerning sex offenders. Senate Bill 1529, offered by Representative Phelps, a Bill for an Act concerning employment. And Senate Bill 1697, offered by Representative Verschoore, a Bill for an Act concerning revenue. There being no 09500053.doc 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 53rd Legislative Day 5/15/2007 business, the House Perfunctory Session will stand adjourned." 09500053.doc 85