"The House shall come to order. The Members shall be in their chairs. We ask the Members to turn off laptop computers, cell phones and pagers. And we ask the guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by the Reverend Marge Overlott, who is the Pastor of Long Creek United Methodist Church in Long Creek, Illinois. Reverend Overlott is the guest of Representative Bob Flider."
"First I would like to say I'm humbly proud to be present today. To pray for each one of you who represent the people of our state and the incredibly awesome task you strive to accomplish in representing all of us. Thank you. Shall we pray? Almighty God, in this moment of time we bring You praise and glory. And we glorify Your name for being with us this day in this House and for Your presence in each of our individual lives. We thank You, Lord, for Your involvement in the life of each Representative. I'd ask Your blessings on each one as they struggle with the discernment of issues that will bring Your peace and Your loving care to the lives of the people within the State of Illinois and our nation. As each Representative goes forth to do the work of this state today, we pray that You will be in control of their egos so that decisions that affect the lives of Your earthly children will be made according to Your will. Bring each one to have the insight and the courage to resolve issues fairly for the masses of people that they represent. Give them Your divine common sense and the selflessness that 09500055.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 You'll make them think of service and not of personal gain. And, Lord, forgive them when they fail to carry out Your plan. We further pray that You will bring the leaders of our nation and all nations and the people therein to come together with an understanding of seeking solutions which bring peace for one another by combating evil on this planet earth. And, Lord, bring Your mercy and grace, Your protective power to those individuals and families who are striving to protect Your earthly children wherever their presence is known. And bring peace to the families who have lost loved ones in their effort letting them know that their loved one through Your grace is with You. We continue to pray for You to bless America, but lead us always to be mindful that as we pray, 'God Bless America' each one of us also has a role in bringing this prayer to fulfillment. Take care of each one of our families and loved ones wherever they may be, keeping them wrapped in Your blanket of love to guide, direct and sustain them through all situations. Lord, You are a generous and a good God. And for all You do in our lives, we are grateful. I pray this prayer in the name of Your son. Amen."
"We shall be led in the Pledge of Allegiance by Representative Crespo." Crespo – et al: "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."
"Roll Call for Attendance. Mr. Bost." 09500055.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Thank you, Mr. Speaker. Let the record reflect that Representative Pihos is excused today."
"Mr. Hannig."
"Yes. Thank you, Mr. Speaker. Let the record reflect that Representatives Graham, Fritchey and Patterson are excused today."
"The Clerk shall take the record. There being 114 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."
Clerk Mahoney: "Committee Reports. Representative Nekritz, Chairperson from the Committee on Railroad Safety, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 678. Representative Holbrook, Chairperson from the Committee on Environment & Energy, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 135 and Senate Bill 526. Representative Mendoza, Chairperson from the Committee on International Trade & Commerce, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'recommends be adopted’ is House Resolution 125; 'do pass Short Debate' is Senate Bill 1097. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'recommends be 09500055.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 adopted' is Floor Amendment #1 to House Bill 2254, House Joint Resolution 46, House Joint Resolution 58, House Resolution 173, House Resolution 288, House Resolution 292, House Resolution 303, House Resolution 395 and Senate Joint Resolution 6; 'do pass as amended Short Debate' is Senate Bill 157; 'do pass Short Debate' is Senate Bill 753 and Senate Bill 1159. Representative Washington, Chairperson from the Committee on Housing & Urban Development, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 1224; 'recommends be adopted' is House Resolution 301. Representative Chapa LaVia, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 38, Senate Bill 285, Senate Bill 513, Senate Bill 620, Senate Bill 825 and Senate Bill 1508. Representative Dunkin, Chairperson from the Committee on Tourism & Conventions, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 182. Representative Osterman, Chairperson from the Committee on Labor, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' to Floor Amendment 2 and 3 to House Bill 1017; 'do pass Short 09500055.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 Debate' is Senate Bill 252, Senate Bill 479, Senate Bill 1249 and Senate Bill 1290. Representative Rita, Chairperson from the Committee on Tollway Oversight, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 170. Representative Ryg, Chairperson from the Committee on Disability Services, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 51; 'recommends be adopted' is House Resolution 334 and House Resolution 335. Representative McCarthy, Chairperson from the Committee on Higher Education, to which the following measure/s was/were referred, action taken on May 16, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 110, Senate Bill 313, Senate Bill 387, Senate Bill 401, Senate Bill 402 and Senate Bill 729. Representative Will Davis, Chairperson from the Committee on Health & Healthcare Disparities, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 654. Representative Moffitt, Chairperson from the Committee on Fire Protection, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 495; 'do pass as amended Short Debate' is Senate Bill 1244. Representative Collins, Chairperson from 09500055.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 the Committee on Juvenile Justice Reform, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 121, Senate Bill 521 and Senate Bill 1379. Representative Howard, Chairperson from the Committee on Computer Technology, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 511."
Speaker Madigan: "All right. Ladies and Gentlemen, if everybody can please take their seats. Would the Members please take their chairs. We have a very special treat for all of us today. As you know the World Champions of Major League Baseball were the St. Louis Cardinals last fall. And thanks to the Cardinal Organization, we have the World Series Trophy right here on the Speaker's podium. Everybody's had an opportunity to take pictures and we're going to debate a Resolution, but before we get to that, I want to ask Senator Watson, who's one of the most avid Cardinal fans that I know, to introduce the General Manager of the Cardinals, Mr. Mark Lamping. Senator Watson."
"Speaker, thank you very much. It's a pleasure and honor for me to be here today and in front of all of you, and it's an exciting time for us in southwestern Illinois and throughout Illinois. Illinois is a big part of the St. Louis Cardinal tradition and their successes and to have them here today and to bring the trophy for us to… to take part in is a… is an honor for all of us. Mark 09500055.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 Lamping is the President of the Cardinals and very successful in his own right. He… when he took over the Cardinals in 1994, of course, they built a new stadium. If you haven't been to St. Louis, you should see the new stadium, it's fantastic. And of course, the first year of the stadium we had the opportunity to… to win a World Series, to participate and ultimately win a World Series. So at very exciting time. My son and I… my son Chad and I were at the game… the final game of the World Series, and to be there and to witness that and to be a part of that, with my son, was a special, special time. And I'll never forget that. And the Cardinals have gotten… fond memories for all of us. I grew up listening to Harry Caray and Jack Buck and Joe Garagiola on the radio and… the St. Louis Cardinals have been a big part of my life, my entire life. So, it's an honor for me to have them here today and I wou… Mark Lamping, I'd appreciate it if you would say a few words and we'd appreciate… this is a class guy from a class organization, the St. Louis Baseball Cardinals. Thank you."
"Thank you. Ahh, how about that. Thank you very much. I know that applause for most of you has to do with what you may have on your… computer screen right now, which is Chicago Cubs 5, New York Mets 1. So… I have… I'd like to thank Speaker Madigan. This is… I mean, we are really overwhelmed with the hospitality and the special touches that you've… that you've afforded us today. This is… this is wonderful and I'll certainly never forget it. The Cardinals are… are fortunate to… to be a regional 09500055.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 franchise, but the heart of our franchise lies in the State of Missouri and the State of Illinois. The State of Illinois is… is filled with tremendous baseball fans, very knowledgeable baseball fans, and in some corners of the state, very patient baseball fans. We… we do have a great rivalry with the Chicago Cubs. We have tremendous respect for the White Sox and have a great rivalry with the Cubs. That rivalry has been built over many, many years and… it's great to go to Chicago when the Cardinals visit Wrigley Field. It's a lot of fun. It's a tremendous… a friendly rivalry and the same thing happens when the Cubs come to St. Louis and we have so many Chicago Cub fans make the… make the trip down. We do have more in common with Cub fans than sometimes people think. We have one thing less in common as of last October. Before last October, neither franchise had won a World Series Championship since they moved in their new stadiums. But we do have… we have… we have great respect for everything to do with Major League Baseball. The Cubs, the White Sox, the Cardinals, we all do… we all do a lot to make summers in the Midwest great. And… we could not be more appreciative of… the great hospitality we've been shown today. It is… it is very, very meaningful to us. Thank you very much."
"Mr. Clerk, would you read House Resolution 430."
"House Resolution 430, offered by Representative Holbrook. 09500055.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 WHEREAS, The members of the Illinois House of Representatives are pleased to congratulate the St. Louis Cardinals on their 2006 World Series victory; and WHEREAS, With their 4-2 victory over the Detroit Tigers in game 5 on October 27th, 2007, the St. Louis Cardinals won their 10th World Series, the second-most World Series titles of any Major League team and the Cardinals' first World Series championship in 24 years; and WHEREAS, In 2006, the first year in the new Busch Stadium, the Cardinals won their 17th National League Pennant and reached the postseason for the 22nd time; they reached the postseason for the sixth time in the last seven years, reached the World Series for the second time in three years, and won the National League Central Division for the third year in a row; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the St. Louis Cardinals on their spectacular World Series victory; and be it further RESOLVED, That we designate the month of May 2007 as St. Louis Cardinals Month; and be it further RESOLVED, That suitable copies of this resolution be presented to the St. Louis Cardinals as a symbol of our esteem and respect."
Speaker Hannig: "The Cardinals need to have this trophy downstairs at 2:00, so we're going to have one speaker on each side. Representative Holbrook on the Democratic side and Representative Stephens on the Republican side and then 09500055.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 we're going to adopt the Resolution. So, Representative Holbrook."
"Thank you, Speaker. We want to thank President Mark Lamping of the Cardinals. Real… what they have done for baseball and what they've done for us in our southwest Illinois region is a true honor. We're one of the small… smaller media markets and yet they continue to generate the… the funds and the enthusiasm to keep a winning team. Ten World Series trophies. It's unbelievable. Twenty-two (22) times now in post season play and six (6) in the last seven (7) seasons. You know… I… as Senator Watson mentioned, I remember growing up in the '50s on my dad's knee and with my grandpa and my aunts and uncles all wrapped around the TV or radio listening to the ball game. And Harry Caray and Jack Buck would be on there, and you could tell by the tone of their voice and the cadence of the way they… their delivery who was winning that game and it would be the Cardinals in most cases. And Jack Buck had a favorite saying. He said, 'That’s a winner.' Well, when you deal with the Cardinals and the Cardinal Organization, you're dealing with a winner and to you, President Mark Lamping, you’re a winner and so are the Cardinals. Thank you for all you do for baseball and the Cardinals. Thank you."
Speaker Hannig: "The Gentleman from Bond, Representative Stephens."
"Thank you, Mr. Speaker. And Mark Lamping, welcome to Springfield. And thank you for the sense of honor with which you do your job on a daily basis. Thank you for… for 09500055.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 keeping baseball alive in America. You know we… we have all sorts of differences here on the House Floor, but you know what, there's no greater joy in life than just playing catch with a friend or your son or daughter or your neighbor. And… and we live vicariously through your players and we watch them and the joy that you bring to us from our boyhood days or as a… as a young lady growing up in the Midwest. Baseball is still a game that… with a sense of honor. It has no time clock. We can play all day and why don’t we just go ahead and play, too. Thank you, Mark."
"Representative Holbrook moves for the adoption of the Resolution. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the adoption… and the Resolution is adopted. Representative Howard, for what reason do you rise?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"State your point."
"Joining us today in the gallery are students from the Bowen High School. They're a part of the PACT Program. These young adults are here calling themselves, 'young adult power'. And they're talking about school funding reform. They're being accompanied by Tim King, who is the Pack organizer. Please help me welcome them to Springfield."
"We're going to go to the Order of… House Bills-Third Readings. Representative Biggins, you have 09500055.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 House Bill 3270. Would you like us to read that Bill? Mr. Clerk, read the Bill."
"House Bill 3270, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Representative Franks, did you rise for this Bill? Okay. Why don’t we let him… Well, yeah, but… Okay. So, Representative Biggins."
"Mr. Speaker, would you call on my associate, Mr. Rev… Representative Reboletti, please. He's been educating…"
"Representative Reboletti."
"Thank you, Mr. Speaker. What this Bill attempts to do is at… in DuPage County right now our county board members as well as our Forest Preserve Commissioners need only about sixty-three (63) signatures to get on the ballot. They represent approximately one hundred and fifty thousand (150,000) people at… That seems like a very small amount, but considering the City of Elmhurst, to become an alderman, to represent six thousand (6,000) people, you need one hundred and fifty (150) signatures. So I'd… ask for your support in this measure. I'd be… would entertain any questions."
"Discussion? Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, can you tell me what the vote turn out was in percentage in the last election in DuPage County?"
"In the November election?"
"No. The… last municipal election."
"I believe, it's probably about 25 percent." 09500055.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"That would be higher than what we have in McHenry County. I know there's been some off-year elections where the turn out has been in the high teens. I don’t know if you're having the same type of response in DuPage."
"That’s correct."
"Well, that’s what concerns me about the Bill. You know, voting is one of our most treasured privileges and rights that we have and so many people are not availing themselves of that privilege and right. And I'm wondering if this Bill would make it harder. Your Bill would increase the requirements for people to get on the ballot, correct?"
"That's correct."
"Okay. And I'm wondering what the real result would be when we have such low voter turnout. Voter apathy, voter… voters not being engaged. Maybe they're mad at us. I don’t know. But people aren’t being involved as much as we'd like them to be. When you're requiring more signatures for someone to get on the ballot, wouldn’t that be a disincentive for people to be involved?"
"I… I don’t believe that’s necessarily… not necessarily a disincentive, because that would require that person to go toward a door to engage the constituents that they… he or she wants to serve. I think it… it actually becomes more involved in the process. And if you want to represent a hundred and fifty thousand (150,000) people in a county of a million (1,000,000), I think that requiring three hundred (300) valid signatures is a… is a small event prior to taking that office." 09500055.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Why would we ever want to make it harder for people to run for public office? Wouldn’t we want to a make it easier for people to get on a ballot so we can have real competition? That we just passed a… a law here that the Governor's said he's going to sign. It's moving up the primary to February, making it much more difficult for nonincumbents to run against an established incumbent. It's sort of hard to walk door-to-door, as you said, if they have to walk in January when it gets dark at 4:00 and it's 15 degrees outside and they've got one month to walk. So now we're making it even harder for people to get on the ballot. And why would we want to do that?"
"Well… I… not that I necessarily agree with the primary shift with… but I don’t think it's making it harder. I think it's just making them more involved in the process. And I understand what you’re saying, but instead of spending one day walking door-to-door, there may have to be two days. So, I think if you're going to represent that many people, I think it makes more sense to have to talk to more of those people that you want to represent."
"Okay. Thank you. I appreciate it. To the Bill. We have a philosophical difference on this Bill. And I believe if your vote… if you vote for this Bill, what you're telling folks is that they want… they want to make it harder for you to get involved in the Democratic process. We shouldn’t make it harder. We should make it easier. People who want to get involved, we want to hear their ideas. We want them to get on the ballot. We want people to become engaged. I think this is a gate-keeping 09500055.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 function. It's a way to protect those individuals who are part of an organization that can go and get these signatures for them. I think it really hurts the small guy, the individual who wants to get involved and doesn’t have, ya know, a cadre of people out there on the streets for them. And I think we ought to keep the process open and this is a way to close the process. And I'd respectfully request a 'no' vote."
Speaker Hannig: "Is there any further discussion? Representative Reboletti, do you wish to close? Okay. Representative Reboletti."
"Thank you, Mr. Speaker. I would just request an 'aye' vote."
"So the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 61 voting 'yes' and 53 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Franks, for what reason do you rise?"
"A point of personal privilege."
"State your point."
"Thank you. I just want to welcome and have Members welcome. We have Zion Lutheran School up here. Thanks for coming. And they're from Marengo, Illinois. Welcome to Springfield." 09500055.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Representative Bradley, John Bradley, you have House Bill 228. Do you wish us to read that Bill? Out of the record. How about House Bill 1304, Representative Bradley? Okay. Out of the record. Representative Cultra, you have House Bill 3106. Mr. Clerk, read the Bill."
"House Bill 3106, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Cultra."
"Floor Amendment 1 becomes the Bill. Provides quick- take authority for one year for the County of Champaign, Village of Savoy, City of Champaign for the acquisition of property for the purpose of road construction right… right of way, permanent easements and temporary easements. The property at issue is all along the current roadway that is being extended, which is Curtis Road. No homes, buildings or structures would need to be tore down. And I would… be open for questions."
"This is on Short Debate. Does anyone speak in response? Representative Rose."
"I'm going to be voting 'present' due to a possible conflict of interest."
"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? Have all voted who wish? Representative Sommer, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 66 voting 'yes' and 47 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby 09500055.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 declared passed. Representative Eddy, you have House Bill 262? Mr. Clerk, read the Bill."
"House Bill 262, a Bill for an Act concerning transportation. Third Reading of this House Bill."
Speaker Hannig: "Oh, excuse me. Out of the record. Representative Eddy, you have 2017. Okay. Let's read that Bill. Mr. Clerk, 2017."
"House Bill 2017, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Eddy."
"Thank you very much, Mr. Speaker. House Bill 2017 is essentially cleanup language to the Bill we passed last year regarding reorganization. Although there haven’t been any specific incidents where there was a demonstrated need for these changes, the state board believes pro-active implementation of this language will… will help. Some of it deals with voting on bond issuances, times and locations and other minor details related to reorganization that they kind of felt needed cleanup. In addition, it allows deactivations to be eligible for some reorganization incentives. And I'd appreciate your positive vote on this matter."
"This is on Short Debate. And in response, the Gentleman from Fulton, Representative Smith."
"Thank you, Mr. Speaker and Ladies and Gentlemen. I rise in support of this legislation. I was a Sponsor of the legislation in the last General Assembly that we wrote our school reorganization laws, and this is simply a follow-up to that cleanup, some of the problems that have 09500055.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 occurred since the law was passed and that have… the state board has encountered since that time. I know of no opposition. I would encourage an 'aye' vote."
"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? Representative Lyons, 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 Feigenholtz, you have House Bill 2353. Out of the record. Representative Flowers on House Bill 230? Representative Flowers? Representative… Out of the record. Representative Ford, you have House Bill 980. Mr. Clerk, read the Bill."
"House Bill 980, a Bill for an Act concerning public health. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Ford."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I bring to you today House Bill 980. House Bill 980 amends the Department of Health powers and duties under law to conduct HIV testing as a regular part of routine health care. And the Bill has no opposition. I worked very hard at three Amendments and all parties are in support of this legislation. And I urge an 'aye' vote."
"Okay. The Gentleman moves for the passage of House Bill 980. We're going to put this on Standard 09500055.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 Debate. And Representative Black, you’re recognized for 5 minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, in its original form, the AIDS Foundation of Chicago was adamantly opposed to the Bill. Now what Amendment, since you said there was now no opposition, what Amendment alleviated their opposition to the Bill?"
"Just a little clarification in the legislation to guarantee the protection of patients’ rights."
"All right. So, you will not be able to test for AIDS unless it's… unless you’re being informed of that and it is voluntary. Correct? The original Bill was involuntary and you did not have to be informed of that particular test that they were taking… doing that particular test. Has that been changed?"
"Well, you know, the original Bill didn’t do exactly that. I'm just happy about the form of the new Bill where… that it spells it out clearly that there must be informed written or oral consent before an HIV test is given. It's clearly stated now in the law. Before there could've been a misunderstanding as to whether or not a doctor had a right to give a test without consent."
"Okay. So what Amendment is the written informed consent located in?"
"It's in 3."
"Floor Amendment #3?"
"Yes." 09500055.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Okay. So there's nothing now… there's nothing in the Bill, as amended, that would allow for uninformed and involuntary testing. Correct?"
"That's correct."
"Thank you very much."
"Thank you."
"Representative Miller."
"Will the Sponsor yield?"
"He indicates he'll yield."
"We're following up on Representative Black's questions. How is this process done in the way that the legislation is written now. So if someone walks in, can you sort of describe how this would happen, someone being tested? Or… or…"
"I could do that. When a person goes in for a routine health assessment, the doctor will ask…"
"Asses… hold on, let me just… Assessment for…"
"You know, they're filling their routine…"
"…let's say a routine blood examine is their mission, correct?"
"Routine, right."
"Okay."
"Routine health care. You may you go in for Doctor Miller if I'm not speaking on your level, excuse me. I'm saying routine means you go in for a routine checkup, whereby you go in and you ask your doctor for an annual. And so the routine would be whatever the doctor may decide and he will offer you at that time an HIV test and you have a right to decline it." 09500055.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Okay. So if the… if the physician feels that the person may be HIV positive due to lesions, due to sudden weight loss or just feeling that, then they… the physician would offer the possibility of a HIV test and the person has the right to decline that or…?"
"Yes."
"Okay. So that hasn't been moved. Now also here in our analogy, it says modify the current definition of written informed consent by also allowing for a verbal agreement by the subject being tested. Can you clarify what exactly… how that would transfi… transpire in a… in a clinical setting?"
"The doctor will ask the individual, the patient, if he or she wanted to take a test, and the person could say yes or the person could say no, and the response would be documented in the person's record as to how they responded to the HIV test."
"So as far as a legal recourse then, is there any language, and you might want to consider this, that if somebody else happened to listen to that agreement of or… or… the yes or no response in that room setting, because when you have two parties, as every lawyer in the world knows, that, you know, then you have a… possibly an issue of who said what and I didn’t understand it or anything. Is there any… any language about that?"
"What would be the concern that a nurse or someone heard the person say, no, they didn’t want the test. I don’t understand your question." 09500055.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Well, the concern is this, is that if somebody comes into an office and says, between a doctor and patient relationship, says in a verbal response saying, yes, I would like a test and the results aren’t what they want it to be, and then it could come back and say, ‘No, I never said I wanted the results’ because of a… not a written agreement but a verbal agreement. Is there any protection in a sense of there may be somebody else saying this person, whether it's documented, that the person did agree having an HIV test?"
"Yes. The AIDS Confidentiality Act protects the patient under that. And you said… I heard you say that you didn’t want the results. Either you didn’t want the test or you didn’t want the results, which one are you saying?"
"The point… the point is not about the test. The point is, is whether the person actually, if a legal proceeding ensued, that either the person said yes or no, it’s not about what are the results of the test. It’s more about whether you have someone who can confirm, and on a doctor's behalf, that the person actually wanted the test. So, it's more important…"
"Well, it's interesting that you say that because I… we have to have trust and… and know that the doctors are under the HIPAA and they are responsible for being upstanding individuals. This Bill also increased penalty for any misconduct by the doctors."
"HIPAA… HIPAA only allows the confidentiality. I can't disclose who I've seen, what their medical condition is and their health condition. But as far as a legal response, 09500055.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 it's just a point of consideration, Representative, that you may want to try to say that… that at least there's some mechanism that you don’t go from someone later saying, later denying, that there was… that they agreed to be tested, and then it becomes a legal matter because the person could say I never agreed to be tested."
"And… a point well taken. Thank you."
"Representative, your time has expired. Could you bring your remarks to a close?"
"Yes. Thank you, Mr. Speaker."
"All right. So we've had one in support and two in response. And, Representative Coulson, you’re next on the list. Do you know which side you'd like to speak on? Representative Coulson, would you like to speak in favor or in response?"
"I would like to speak in favor."
"Okay. Proceed."
"Rep… Representative… Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, is it true that today we're bringing up-to-date and recognizing the CDC guidelines that medical treatment for HIV is widely available and we would like to have people identified that have HIV?"
"Yes, that is true."
"And can you tell me if this Amendment spells out how providers can perform the opt-out HIV testing, and do doctors have to tell the patient in writing and verbally that they will be tested for HIV unless they refuse?"
"Amendment 3 does that." 09500055.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Okay. And then doctors also… is it true must tell patients how to refuse the testing and also document in writing if the patient refused?"
"It does."
"Okay. So basically this Bill changes the AIDS Confidentiality Act to make us up to date with the CDC guidelines?"
"Yes."
"Okay. To the Bill. I want to commend Representative Ford for being willing to sit down and discuss this issue, developing compromised language that I believe meets everyone's goals of making HIV testing a routine… routine part of medical care, that ensures that patients are tested for HIV with their knowledge and consent, and they get brief pre-testing information about HIV and testing. This Bill was agreed to by all of the groups that had concerns before including the Medical Society and the Illinois Hospital Association. And I would encourage an 'aye' vote."
"Representative Howard."
"Thank you very much, Mr. Speaker. To the Bill."
"To the Bill."
"I think it was in early eight… '80s… that we first began to take notice of this dread disease. It's been a long time. There have been a lot of efforts that have been exerted to try to do something about this. Each year I'm hopeful that we'll get closer and closer. I'd like to be able to see something like this… something happen to really make a… a dent in the problem within my lifetime. I see 09500055.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 this Bill as making possible something that is getting us closer and closer to determining who has this dread disease and perhaps how we can do more to try to combat it. I commend Representative… excuse me… Representative Ford for having decided to take on this kind of issue which, of course, is one of the passions in my legislative career as well. I certainly hope that we will pass this, because I know it is going to mean that more people will decide to opt in or to opt-out, if they need to, and that we can begin to get some kind of grasp with this problem. So I certainly implore all of my colleagues to vote 'yes'. Thank you."
"Any further discussion? Representative Ford to close."
"Thank you very much. And thanks for all the people that rose and supported the legislation. I now ask for a… 'aye' and favorable vote. Thank you."
"The question is 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Repres… Okay. 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 Lang, for what reason do you rise? Okay. The Gentleman's not asking for recognition. Representative Howard, you have House Bill 1831. Do you wish us to read that Bill? Out of the record? Okay. Out of the record. Representative Jakobsson, you have House Bill 313. Out of 09500055.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 the record. Representative Cultra, for what reason do you rise? Representative Sommer, are you seeking recognition? All right. Representative Joyce, you have House Bill 1728. Okay Out of the record. Representative Mulligan, you have House Bill 1534. Do you wish us to read that Bill? Representative Mulligan, do you wish us to read this Bill? Mr. Clerk, read the Bill."
"House Bill 1534, a Bill for an Act concerning insurance. Third Reading of this House Bill."
"Representative Mulligan."
"Thank you, Mr. Speaker. House Bill 1534 creates the Children's Health Insurance Task Force. Provides for a legislative oversight for the health insurance programs run by the state for children. And it would allow for Members from each of… three from the Senate, three appointed by the Speaker, three appointed by the Minority Leader of the Senate and three appointed by the Minority Leader of the House. It would allow them to travel around and hold hearings and to see how the programs are actually running."
"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 Leitch and Rita, 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. 09500055.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 Representative Phelps, you have House Bill 1779. Mr. Clerk, read the Bill."
"House Bill 1779, a Bill for an Act concerning conservation. Third Reading of this House Bill."
"Representative Phelps."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1779 is a… it's kind of fortunate actually. I've had a… a person that grew up in my district that has moved back home, and he wants to be able to put a senior housing development in Johnson County. This is supported by a lot of people in my district especially in Johnson County with the mayor and the county commissioners. And I ask for your support."
"This is on the Order of Short Debate. Does anyone stand in response? The Lady from Cook, Representative Coulson."
"Mr. Speaker, will the Sponsor yield?"
Speaker Hannig: "He indicates he'll yield. Representative Phelps?"
"Can you take this out of the record, please?"
"Certainly, Representative. We'll take this Bill out of the record. Representative Phelps, you also have House Bill 3569. Is that the one you wish to call? Okay. So, Mr. Clerk, read the Bill."
"House Bill 3569, a Bill for an Act concerning willed property. Third Reading of this House Bill."
"Representative Phelps."
"Thank you, Mr. Speaker. This is the right Bill. I just ask for your support." 09500055.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"This Bill's 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 112 voting 'yes' and 2 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Saviano, you have two Bills. House Bill 125. Okay. We'll take that out of the record. Representative Turner, you have House Bill 3676. Out of the record. Representative Tryon, you have House Bill 2913. Do you wish us to read that Bill? Mr. Clerk… We can go to that one. Thirty… we also have you on the list, Representative, for 3256. You want to read them both? We'll do them one at a time. We'll start with 2913, okay? So, Mr. Clerk, read House Bill 2913."
"House Bill 2913, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Tryon."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 2913 allows county boards the ability to lease computer equipment for a period of five years. Currently municipalities have that ability that counties can't have a lease that extends a two-year period. Because of that, they have to get a lease with a funding out clause. They have to pay a higher interest rate. This will allow them to pay a low… a lower interest rate and 09500055.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 give them the similar capabilities of a municipal government."
"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. And Mr. Clerk, read House Bill 3256."
"House Bill 3256, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Tryon."
"Thank you, Mr. Speaker, Members of the House. House Bill 3256 will amend the Water Well Contractor’s Licensing Act. With the increased cost of electricity, the effectiveness and efficiency of geothermal heating and cooling systems, which are referred to as closed loop wells, has increased. The demand for these systems have increased, not only in the rural areas, but in the suburban areas. What this Bill would do is license the contractors who install these. These are currently well drillers that would come up with a uniform code for these wells to be installed. This Bill's supported by the Association of Groundwater Professionals, who are the well drillers, the heating, ventilation and air conditioning contractors as well as our local health departments. It’s a… very important that when these wells are installed they be 09500055.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 properly installed, properly sited with distances from septic tanks, with distances from storm water retention areas. These are very complex systems and I believe that these are types of systems we'd like to incur in the future and see them… or encourage people to install them in the future and we'd like to see more of these done. This will provide a statewide code for the purposes of installing these well… wells. And I would urge an 'aye' vote."
"This is on the Order of Short Debate. And in response, the Gentleman from Crawford, Representative Eddy."
"Thank you. Would the Sponsor yield for a question?"
"He indicates he'll yield."
"Representative, I'm concerned just what the practical effect that this might have on someone who's going to attempt to drill a well for water in the rural parts of the state. What exactly… how does this add any additional cost or requirement for those individuals?"
"This will not add any additional cost. The license’s fee is… remains the same. And what this will do is make it consistent throughout the counties in the State of Illinois and how you put these in, instead of having any kind of county by county code. Right now though, the Water Well Code in the State of Illinois is for the whole state and not by individual counties. And I believe we have unanimous support of the county associations to have this uniform licensing program." 09500055.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"So, right now, if someone's going to drill a water well in Crawford County, they have to be licensed in order to drill?"
"Absolutely."
"And… and this… this then… I guess I'm still kind of confused then. If they have to be licensed now, are there different ways that exist right now that they can drill the well that they won't have as options after this passes? What limitations will those licensed well drillers have that they currently do not have?"
"Well, this is… this… this actually li… this actually says that well drillers are the individuals that put these wells in, sets up the license criteria for them to be certified just like we ha… if they can't do it under the same license they have because we don’t have it in our code."
"Well, that brings me back to my original question. Right now in those counties, if someone's going to drill a well, do they have to be licensed? Right now in Crawford County, if somebody wanted to go out and drill a well, do they have to be licensed?"
"To drill a water well you have… you have to be a licensed well driller to drill a closed loop geothermal well. I mean, I can't answer your questions as to what kind of license they have, but they… they have to have some type of license and permit to do that."
"Okay. So…"
"…which ma… which I think comes from the state. But I don’t know 100 percent on that." 09500055.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Well, my… my question then is really what additional requirements are contained within this legislation for those individuals who currently drill a closed looped geothermal well?"
"Well, this Bill authorizes the… the state to come up with that criteria so that it's uniform. And… it's… it's basically a licensed category under a water well contractor."
"Okay. And… so the answer to my question is, yes, individuals who currently provide this type of service in a rural area will have additional licensing requirements that today they don’t have. But that there's no cost for the license?"
"Correct."
"And is there a lifetime guarantee that there'll never be a cost for this license?"
"Well, the… the… no, the statute actually provides for all water wells that no county can charge more than a hundred dollars ($100) for the license. That fee's been there for the last ten (10) years. And so…"
"And… and where's that?"
"That's in the… in the Water Well Pump Installation Code for the state."
"Okay."
"Local units of government cannot charge more than a hundred dollars ($100)."
"Not more… right now?"
"Right now."
"For this exact license?" 09500055.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"And we're not changing that."
"For this exact license that you’re referring to, there is a licensing procedure where the limitation on cost is a hundred dollars ($100)?"
"Right. For any license that's issued under the water well and pump installation contractor's license."
"I guess, in… I wish I had more time to discuss this with you, but my concern is simple. And that is that if in rural areas of the state where using a process and a licensing system that it works the way wells are now drilled, what's the necessity and what additional incumbrances and costs might be set upon those individuals in rural areas? I'm going to listen to the rest of the debate, but I'm really concerned that there may be additional costs here and… and government regu…"
"Your time has expired, Representative Eddy. Representative Black, are you seeking recognition on this issue? He is not. Okay. Is there any further discussion? Representative Cultra, you’re recognized for 5 minutes."
"Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, right now if I'm a homeowner and I want to have a well drilled, I pay a hundred dollars ($100) to the county for that well. What is your Bill? How does that change that?"
"This doesn’t change that at all."
"All right. So, what does your Act do? I guess I don’t quite understand it." 09500055.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Okay. Currently, the Act provides for licensure of a water well contractor, a water well pump installation contractor, and a water well and pump installation contractor. So you can be a water well contractor, pump contractor or both. This will add a category for a person to be able to become… have a licensed, installed closed loop wells or geothermal wells under this Act."
"So currently, the Act… you have to have a license to drill a well, but you don’t have to have a license for the closed loop geothermal?"
"That’s correct."
"And that’s the only difference?"
"That’s correct."
"All right. Thank you."
"Representative Tryon to close."
"Once again we're seeing a… a need for these types of systems. We're seeing a desire for these types of systems in our communities throughout Illinois. These are certainly more environmentally desirable than sy… than the current heating and air conditioning systems we have when we look at the fact that they have less impact on our atmosphere ‘cause they’re not utilizing fossil fuels, but they do utilize ground water. This will allow for a licensure category under the Water Well Code specific for these wells, that these wells won't have to be put in as water wells. They'll be put in as closed loop wells, which is different in its construction and its nature and its cost. This doesn’t create any additional fees for the state. Doesn’t create any additional fees for… for a 09500055.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 county; that's all controlled by the statute. I think this is good, sound legislation for the ground water industry. And I would urge an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Wait, Golar, Feigenholtz, Will Davis, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 67 voting 'yes' and 46 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Wait, you have House Bill 3675. You wish us to read that Bill? Mr. Clerk, read the Bill."
"House Bill 3675, a Bill for an Act concerning civil law, which may be referred to as the Child Homestead Stability Act. Third Reading of this House Bill."
"Representative Wait."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3675 simply says that in… in a divorce case that a… that if the two parties agree that they can keep the marital home and the kids can stay there and the… and the people can move out. I'll be happy to answer any questions."
Speaker Hannig: "Is there… this is on the Order of Short Debate. Representative Franks, you're recognized in response."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield." 09500055.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"I'm not sure how this would work. I wanted to ask… I was reading the analysis and, Representative, our analysis indicates that the court may order, if the parties can agree, that the physical residence of the child would be the former marital residence and that each parent will live at the residence with the child during that time the parent has physical custody of the child?"
"No, we put up… took out the part where it says the judge may order it. This is only if both parties consent to it. This basically happened in a case in Boone County where Jerry grew up. The parties agreed to it, but he didn’t know if he had the right to do it when both parties agreed. And he did do it, but this would just confirm that… there's… we have an ‘A-B’ and now we have a ‘C’ way that the parents… if both parties agree."
"Okay. Thank you. That was… I wasn’t sure how this was… planned on working, but if it's an agreed order by the parties, then we can… then a judge can enter that order."
"Right. Then he knows it is okay and the Legislature has agreed to it."
"Thank you."
"Representative Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, the previous speaker got one of my questions answered. And let me make sure I understand how this works. If a divorced couple decide to share their home and if they have a… a joint custody arrangement, the mother lives in the home for two weeks with the child, then 09500055.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 the father moves into the home for two weeks with the child. I assume that that means then the mother moves out?"
"Yes. This was…"
"And where does the mother go?"
"Well, there… there was a case and they had an apartment and they had two… two bedrooms there. The husband had one bedroom, the wife had the other, so they just moved… moved out. Keeping the kids stable in this… in the… the homestead for the kids is what the main thing, rather than it upsetting the kids, like unfortunately happens too many times in divorce."
"Okay."
"This is only if both parties agree though."
"Okay. I… I understand that part. And I'm… I'm no tax expert, but it does it does bring to mind some interesting deductions on a mortgage since I assume it's still in both… the home would still be in both parents’ name. Well, regardless of that, what… what if a judge doesn’t like the arrangement? He thinks the arrangement is… he just doesn’t like it; he thinks it's bizarre. Could he say I don’t care that you've worked this out. I don’t like the arrangement and I'm not going to approve the divorce settlement based on you two sharing a house. I could see it would be good for the child, but I can also see where a judge might lean back in his or her chair and say, ‘This just doesn’t sound right to me.’ Does the judge then have the ultimate say-so in such an arrangement?" 09500055.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Well, a judge always has the final say in a divorce situation. But I would hope a judge would look, and if both parties agreed and had adequate counsel, that the judge would agree with the parents because, after all, both parents are the ones raising the child, not the judge."
"Good point that some judges might want to pay attention to. But that answers the questions that I had. Thank you very much, Representative."
"Any further discussion? Representative Wait to close."
"Yes. I'd simply ask a favorable vote on this."
"The question is…"
"Thank you."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative… Okay. Mr. Clerk, take the record. On this question, there are 108 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce, do you wish to… for us to read House Bill 1728. Is that correct? Mr. Clerk, read the Bill."
"House Bill 1728, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Cultra, for what reason do you rise?"
"A point of personal privilege."
"State your point." 09500055.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"I have a group of kids here from my district. The Eagles from St. John’s Buckley with their teacher, Mrs. Mingee. I'd like a warm welcome to Springfield."
"And Representative Joyce on House Bill 1728."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1728 would amend the Health Care Worker Background Check Act. And this a result of negotiations between our AFSCME, Department of Public Health and the industry in doing background checks at… for health care workers at long-term care facilities. They would all go on to one system. It would allow them, over time, if they left one facility with a… and they were still on the system, they wouldn’t have to go through another background check if they went to another facility. And like I said, it's been a long negotiation. I believe everybody's on board; I know everybody's on board: AFSCME, our Public Health and Department of Aging. I'd be happy to answer any questions."
Speaker Hannig: "On Short Debate. Does anyone stand in response? Representative Coulson."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, can you just clarify for me, does this affect any workers who are licensed to have already had background checks? Would they then have to do this again?"
"No, actually that was part of the negotiation. I should've mentioned that. You’re right, Representative Coulson. Thank you. They would be covered. The believe 09500055.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 is that there's a… according to the industry, according to the unions representing the workers, they have 100 percent turnover rate. As long as they were stay… staying at the same facility, they would not have to get another background check."
"So existing employees would be… who've been checked would also be grandfathered in?"
"Correct."
"And is this… this seems to be similar to a Bill that I had, 808. Is this… do you know if it's exactly the same language or…?"
"No, actually it's news to me. This deals with the department going to a computerized one (1) database system."
"Okay."
"I don’t know. I'm not familiar with your Bill, so I apologize."
"Okay. I guess… does this only for long-term care facilities, does this include assisted living and shared housing?"
"I…"
"That's what my Bill does."
"No. This is for nursing homes."
"Just for nursing homes…"
"Correct."
"…not assisted living and shared housing."
"Correct."
"I think we probably ought to put them together then."
"That’s… that’s fine. I'm sorry…" 09500055.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Yeah."
"I certainly wasn’t aware of it. This was brought to me by the…"
"No… no, and that’s… that makes total sense. I just wanted to make sure we weren’t requiring already licensed professionals to have another fingerprinting or another background check 'cause that would be rather costly to the system."
"Absolutely."
"Okay. Thank you."
"Absolutely. It's just trying to get everybody on one system."
"Thank you."
"Representative Eddy."
"Will the Sponsor yield for a question?"
"He indicates he'll yield."
"Representative, in our analysis, it mentions students who wish to be included under the DPH Health Care Worker Registry who would also undergo the electronic fingerprint base criminal history. Is that at their option? I'll give you an example. Students that are in health occupations courses in high school through vocational delivery systems often work in nursing homes. Would they be excluded from having to do the fingerprint background check?"
"Currently, someone that’s gonna go into the field and they have to go get their hours, they have to go through the background check currently. What this is, is makes them go through the electronic the… not just… it'll go… It 09500055.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 makes them go through the fingerprinting, not just the electronic background check."
"So, students that currently as part of their CNA program would get those hours at the local nursing home, for example, now have to go through a background check, but this would add to that background check, a fingerprint that require…"
"No, this… this would just allow those people to go into the same system, so that now they come out of school and they’re going to work for a facility, they don’t have to go through another background check because they’re already on one system."
"Okay. So this is kind of a… but it won't add a cost for those students to go through that fingerprint check. This kind of consolidates that into one."
"They're already there."
"Okay. Thank you."
"Any further discussion? Then Representative Joyce to close."
"Thank you. I'd just appreciate an 'aye' vote. And thank to all the different parties for working on this agreement."
"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, 09500055.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 is hereby declared passed. Representative Sacia, for what reason do you rise?"
"Mr. Speaker, I inadvertently voted ‘no’ on 3256, a Bill of Representative Tryon’s. I'd like to be recorded as a 'yes'."
"The record will reflect your intentions. And, Representative Pritchard."
"Yes. I'll just say ditto on that."
"And same result, the record will reflect your intentions. Representative Joyce, you have House Bill 3508. Did you wish to read that? Okay. Mr. Clerk, read the Bill."
"House Bill 3508, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Joyce."
"Thank you, Mr. Speaker. This is my last House Bill, so… House Bill 3508 is… is an initiative of the Attorney General, and this also deals with nursing homes and creates the ‘Resident’s Right to Know’ database. This would require nursing homes to put on a database that would be managed with the input. And a lot of this will be established through a rulemaking process to a number of questions and information that would be av… available to persons seeking to put a loved one into a nursing home. Those questions would include medical care, services and treatment, special services, different amenities, staffing, facility statistics, resident demographics, ownership, administration, safety, security, meals, nutrition, rooms, 09500055.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 furnishing equipment, family space, volunteer, visitation provisions. And I'd be happy to answer any questions on this."
Speaker Hannig: "And on that question, the Gentleman from McHenry, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"With your last statement, that this is your last House Bill, should we… should we take that as a formal announcement for your congressional run?"
"I meant of this Session. Thank you very much."
"Okay. Thank you. Thanks for the clarification."
"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. We got a few Second Readings we're going to attend to. Representative Boland, you have House Bill 1451. Do you wish us to read that Bill? On Second. Read the Bill, Mr. Clerk."
"House Bill 1451, a Bill for an Act concerning elections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Monique Davis, you have House Bill 235. Representative Davis. Okay. Out 09500055.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 of the record. Representative Will Davis, you have House Bill 329. We'll take that out of the record. Representative Flider, you have House Bill 3657. Out of the record. Mr. Clerk, read House Bill 2254."
"House Bill 2254, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hannig, has been approved for consideration."
"We'll take that out of the record. I think… Representative Lindner, you have House Bill 1252. Out of the record. Representative Sullivan, you have House Bill 154. Did you wish us to read that? Out of the record. So, Mr. Clerk, on Third Reading, on page 2… 32 of the Calendar is House Bill 3676. Would you read the Bill."
"House Bill 3676, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Turner."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the Assembly. I bring you the House Bill 3676, which is a Bill that… better known as the Illinois Community Assets Funds. And this is a program that would be ran through the Department of Commerce and Community Affairs. It would create a special fund within the State Treasury. Purpose of the fund is to appropriate monies to help finance investments, capital financing in economically depressed areas. It would be specifically for that area. Funding would be subject to appropriation. And this is one of the 09500055.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 department’s dreams; I support it. And I would move for the passage of House Bill 3676."
"Any discussion? Then the question is… Excuse me. Representative Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"All right. Representative Turner, what constitutes a… economic development… economically depressed area?"
"Where is your district at, Representative? I could tell you if you qualify…"
"Southeastern Illinois."
"You probably qualify. But it's areas that have extreme high poverty. Areas that have exp… suffered with a blight over the last… economic blight over the last few years. There is a figure that within the Department of Commerce and Community Affairs that they use. I just don’t know right off the top of my head how much of it what percentage of the community has to be below a certain poverty level. But it is for communities that have suffered severe economic depression. But that definition… there is a definition within the department."
"Now would they apply for grants or would this be decided by the administration or DECO (sic–DCEO)?"
"It would be DCO (sic–DCEO) that would administer the programs. They would consider having, I think, four (4) different types of programs. One would be a High Risk Loan Program in which twenty million dollars ($20,000,000) would be granted over three (3) years to pr… to help in terms of financing projects that would be considered high risk. 09500055.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 There would be a Community Financial Institution Participation Program for thirty million dollars ($30,000,000) would be leverage with local financial institutions to help in terms of program growth. You'd have High Growth Equity Program, which is a three-year program and that also deals with the private sector in terms of trying to do some things to improve investments in that area. And then they have one program called the Immediate Returns Capital Grants Program, and that also would be in regards to business expansion and helping businesses relocating to a particular area. So it's those four areas that they would like to cover. And primarily it's again to assist in communities and to assist businesses in areas that traditionally cannot reach what I would consider regular financing, but would be considered the high risk financing."
"Okay. Thank you very much. You've been very straightforward with your answers."
"Representative Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, in our staff notes there is a notation that there is no current definition in statute or administrative rule from the department of what an economically depressed area of the state would be. And there's a further note that said you would perhaps provide an Amendment to this Bill with some specificity as to what would constitute an economically depressed area. I… I think I'm on the same page with you. I… I tend to be able 09500055.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 to recognize an economically depressed area when I see one or represent one, but following up on Representative Reis, without a specific definition, I get a little nervous."
"Representative, I do understand what you’re saying. I was under the impression that the department that there is a definition of those economically depressed areas and I…"
"And… and there may very well be, Representative. Staff just indicated in their notes that there's nothing in the… the language of this legislation. Now there may very well be either in administrative rule or within the rules of the department that there… I would think they would have a definition because I know on CDAP Grants obviously your low-income ratio is a… a very helpful determining factor on whether you get the grant. So I would assume, and in this business you and I have been around long enough to know you hate to assume anything, but I would assume that the department would have a working definition of an economically depressed area. Why… why don’t we leave it at this, if the department wou… will contact you, and I'm sure they will, prior to this Bill going through the Senate, we could maybe make sure that it was in there."
"Representative, I’ll do this. Let me make certain that it’s here before we even move it out. That way we will move on to…"
"All right. I'd be very grateful for that. Thank you."
"…we won't chance the Senate and their ability to come up with definitions for us."
"Okay. Thank you." 09500055.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"And so let me make certain that we do have that definition as part of the Bill."
"So we'll take… take this out of the re…"
"Mr. Speaker, take the Bill out of the record."
"So we’ll take this Bill out of the record. Mr. Clerk, what is the status of House Bill 1831?"
Clerk Mahoney: "House Bill 1831 is on the Order of Third Reading."
"Return that to the Order of Second Reading at the request of the Sponsor. And Mr. Clerk, read House Bill 3733."
"House Bill 3733, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Eddy, has been approved for consideration."
"Representative Eddy."
"Thank you very much, Mr. Speaker. Floor Amendment #1 to House Bill 3733 sim… simply replaces some language with a request by the Department of Energy regarding the jurisdiction purview and is kind of a technical change to the Bill."
"Any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading."
"Representative Turner in the Chair. On the Order of Second Readings, we have House Bill 2254. Representative Hannig. Read the Bill, Mr. Clerk." 09500055.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"House Bill 2254, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hannig, has been approved for consideration."
"The Gentleman from Montgomery, Representative Hannig."
"Thank you, Mr. Speaker and Members of the House. The underlying Bill is a shell Bill. The Amendment was heard in committee yesterday in State Government. It's a proposal by the administration to do a limited single prime contractor construction project. It has a number of safeguards in the Bill. Both labor and management are okay. There was no opposition to the Bill in committee. So I'd be happy to answer any questions and I move for the adoption of the Amendment."
"Seeing no questions, the question is, 'Shall the House adopt House Amendment #1 to House Bill 2254?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. The Gentleman from Jackson, Representative Bost, for what reason do you rise?"
"I… I was just kind… inquiry of the Chair?"
"What's your inquiry?"
"I was wondering if what… while we were in this lull, we were getting ready to go ahead and do something about the 09500055.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 Ameren electric rate situation. Is that why we're… we're holding off?"
"No, actually I was looking at the lineup for the softball team."
"Oh, well that's important, too. But I was really going more on the Ameren issue. But I was hoping that was going to be the case. Just checking."
Speaker Turner: "We got a game on Wednesday, you know. Cardinal's coach got away and I didn’t get a chance to talk to the scouts before he left. So, got a lot of work to do between now and Wednesday."
"I understand."
"Mr. Clerk, we have House Bill 2353. Mr. Clerk, we don’t have House Bill 2353. May I have your attention. Immediately after adjournment today, the House Democratic Caucus will meet in Room 114, immediately after adjournment. Tomorrow morning at 10 a.m., the House Democratic Caucus will meet again at 10 a.m. tomorrow morning. The Democratic Caucus will be in Room 114. Immediately after Session and 10 a.m. tomorrow morning, Democratic Caucuses. Mr. Clerk, can you read the Agreed Resolutions."
Clerk Mahoney: "Agreed Resolutions. House Resolution 423, offered by Representative Brauer. House Resolution 425, offered by Representative Hernandez. House Resolution 427, offered by Representative Riley. House Resolution 428, offered by Representative Riley. And House Resolution 431, offered by Representative Beaubien." 09500055.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007
"Representative Bost moves for the adoption of the House Joint Reso… or House Resolutions. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. The Gentleman from Cook, Representative Pritchard, for what reason do you rise?"
"DeKalb, Sir. Point of personal privilege."
"State your point."
"All right. In the spirit of announcements, I… I call everyone's attention to the fact that we are having an Education Caucus meeting immediately following the Democratic Caucus in Room 114 today. I invite all Caucus Members to join us."
"Education Caucus meeting immediately following the Democratic Caucus in Room 114. I'd also like the Members… Members, if I can have your attention. On Monday, Monday, May 21, Session will start at 3 p.m. Monday, this coming Monday, we will start at 3 p.m. And now Representative Lang moves that the House stands adjourned 'til Friday, May 18, at the hour of 11 a.m. The House stands adjourned until Friday. Allowing perfunctory time for the Cerk… Clerk, the House stands adjourned until Monday… I mean until Friday, May 18, at 11:00. The House is adjourned."
"The House Perfunctory Session will come to Order. Representative Rich Bradley, Chairperson from the Committee on Personnel & Pensions, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 09500055.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 'do pass Short Debate' is Senate Bill 1179 and Senate Bill 1553. Representative Molaro, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 30, Senate Bill 174, Senate Bill 426, Senate Bill 532 and Senate Bill 1346; 'do pass Short Debate' Senate Bill 31, and Senate Bill 76, Senate Bill 129, Senate Bill 158, Senate Bill 226, Senate Bill 274, Senate Bill 364, Senate Bill 677, Senate Bill 711, Senate Bill 1005, and Senate Bill 1375; 'do pass Standard Debate' is Senate Bill 363. Representative McAuliffe, Chairperson from the Committee on Veterans Affairs, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' is House Joint Resolution 52; 'do pass as amended Short Debate' is Senate Bill 597. Representative Joyce, Chairperson from the Committee on Aging, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' House Joint Resolution 16; 'do pass as amended Short Debate' is Senate Bill 340 and Senate Bill 595; 'do pass Short Debate' is Senate Bill 390. Representative Flider, Chairperson from the Committee on Least Cost Power Procurement, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'do pass Short 09500055.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/17/2007 Debate' Senate Bill 267. Representative John Bradley, Chairperson from the Committee on Revenue, to which the following measure/s was/were referred, action taken on May 17, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 247, Senate Bill 304, Senate Bill 338, Senate Bill 455, Senate Bill 461, Senate Bill 499, Senate Bill 561, Senate Bill 843, Senate Bill 1243, Senate Bill 1354, Senate Bill 1360, Senate Bill 1363, Senate Bill 1433, and Senate Bill 1544. Referred to the House Committee on Rules is House Resolution 424, offered by Representative Jakobsson; House Resolution 426, offered by Representative Feigenholtz; House Resolution 429, offered by Representative Munson; House Joint Resolution 61, offered by Representative Coulson. Referred to the House Committee on Rules are Senate Joint Resolution 1, offered by Representative Hannig; Senate Joint Resolution 14, offered by Representative Gordon; and House Joint Resolu… Senate Joint Resolution 51, offered by Representative Saviano. Introduction and reading of Senate Bills-First Reading. Senate Bill 484, offered by Representative Mautino, a Bill for an Act concerning insurance. And Senate Bill 1518, offered by Representative Mautino, a Bill for an Act concerning regulation. First Reading of these Senate Bills. There being no further business, the House Perfunctory Session will stand adjourned." 09500055.doc 54